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Minute Bk. 18 1/1967 - 12/1971 January 10, 1967 Regular meeting of the City Council, City of Denton, Texas, Tuesday, January 10, 1967 at 8:30 a .m. in the Municipal Auditorium. Present: Mayor Warren Whitson, Jr., L. A. Nelson, Howard Gentry, Fred H. Minor, Frank Camp, City Manager, City Attorney, City Secretary. 1. A motion was made by Gentry, seconded by Nelson that the minutes of the meeting of December 27, 1966 be approved. Motion carried. 2. Visitors: a. Representatives of the Lone Star Gas Company were present to request a rate change. The Council referred the request to the City administrative staff for study and recommendation to the Council. b. Colonel ~ess Schmidt of Fairhaven requested approval of the City for Federal rate subsidy acceptance for certain Fairhaven occupants. Schmidt stated City approval was a Federal requirement. The Mayor referred the matter to the City Manager for his recommendations. 3. Ordinances: The following ordinances were presented: ORDINANCE NO. 67-1 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAME MAP APPLIES TO CITY TRACT 2-4027A AND A PORTION OF 2-303 lA OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: A motion was made by Gentry, seconded by Minor that the ordinance be adopted. On roll call vote Camp voted "aye", Minor voted "aye", Gentry voted "aye", Nelson voted "aye" Whitson voted "aye". Motion carried. ORDINANCE NO. 67-2 AN ORDINANCE CLOSING THE HEARING AND LEVYING AN ASSESSMENT ON THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING THE STREETS SPECIFIED HEREIN; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS; FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK; PROV~IDING FOR THE MANNER OF PAYMENT OF SUCH ASSESSMENT, THE RATE OF INTEREST AND THE CONDITIONS OF DEFAULT. A motion was made by Gentry, seconded by Camp that the ordinance be adopted. On roll: call vote Minor voted "aye", Camp voted "aye", Gentry voted "aye", Nelson voted "aye" Whitson voted "aye". Motion carried. 4. The City-County Library contract was discussed, but action was deferred until the Parks and Recreation Board could make studies and recommendations. $. Nelson discussed the possibility of an ordinance amending the zoning classifi- cation for veterinary hospitals -- to the effect that veterinary clinics could be operated in an "LB" Local Business District, andihat household pets could be left overnight pro- vided that at all times these pets are kept in the confines of a sound proof building. The matter was referred to the Planning and Zoning Commission for recommendations. UNICIPAL BUILDING January 10, 1967 Themeetingadjournedat 9:30a.m. City Secretary MUNICIPAL BUILDING January 24, 1967 Regular meeting of the City Council, City of Denton, Texas, Tuesday, lanuary 24, 1967 at 8:30 a.m. in the Municipal Auditorium. Present: Mayor Warren Whitson, Ir,,, L. A. Nelson, Howard Gentry, Fred H. Minor, ['rank Camp, City Manager, City Secretary, City Attorney. 1. A motion was made by Minor, seconded by Camp that the minutes of the regular meeting of January 10, 1967 be approved. Motion carried. 2. Bids: a. Bid No. 67-1-1 -- Chilling Plant Building -- A motion was made by Gentry, seconded by Camp that the bid be awarded to Davis Brothers of Denton in the amount of $15,500. Motion carried. b. Bid No. 67-2-1 --T~ee 3 wheel vehicles-Police Department --A motion was made by Gentry, seconded by Camp that the bid be awarded as follows: One 3 wheel Harley £)avidson with trade to Gonley's Harley Davidson Sales at a bid of $1,770 and one 3 wheel Cushman with trade to Vogt Sales at a bid of $1,495,and one without trade at $.], 695. Motion carried. 3. Petitions: a. A motion was made by Nelson, seconded by Minor that the petition of Robert A. Nichols requesting that the zoning classification of property described as the southeast intersection of IH35E and Teasley Lane be changed from the "R" Dwelling ]-)istrict to the "LB" Local Business [District be referred to the Planning and Zoning Commis- sion for its recommendation. Motion carried. 4. Resolutions: The following resolutions were presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 24th DAY OF JANUARY, A.D. 1967. RESOLUTION APPROVING PARTICIPATION BY FAIRHAVEN IN THE FEDERAL RENT SUPPLEMENT PROGRAM ~/HEREAS, under the provisions of Section 101 of the Housing and Urban Development Act of 1965, the Secretary of Housing and Urban Development is authorized to enter into contracts to make rent supplement payments to certain qual- ' ified housing owners on behalf of qualified low-income families who are elderly,handicapped, displaced victims of natural disaster, or occupants' of substandard housing; and %A;HEREAS, the provisions of said Section 101 can not be made available to housing owners in certain localities unless the governing body of the locality has by resolution given approval for such participation in the Federal Rent Supplement Program; now therefore MUNICIPAL ~'U:.'2DING ~ January 24, 1967 BE IT RESOLVED BY THECOUNCIL OF THE CITY OF DENTON, TEXAS, AS FOLLOWS: approval is hereby granted for participation in the Federal Rent Supplement Program by FAIRHAVEN, a Texas non-profit corporation, with the understanding that the City of Denton is not in any manner obligated by reason of this approval or by any Housing Owners participation in the Federal Rent Supplement Program. PASSED AND APPROVED this 24th day of January, A. D. 1967. /s/Warren Whitson, Jr. Mayor, City of Denton, Texas ATTEST: /s/ Brooks Holt City Secretary, City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/Jack Q. Barton City Attorney, City of Denton, Texas A motion was made by Minor, seconded by Gentry that the resolution be adopted. On roll call vote Camp voted "aye", Gentry voted "aye", Minor voted aye", Nelson voted "aye" Whitson voted "aye". Motion carried. RESOLUTION AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 24th DAY OF JANUARY, A.D. 1967. WHEREAS, it is contemplated that the City of Denton, Texas, will construct certain sewage treatment facilities with an estimated total cost of $907,230; and WHEREAS, it is found that the City of Denton, Texas, is unable to provide the total cost of such improvements; and WHEREAS, it is deemed necessary and proper to apply for federal grant under the Federal Water Pollution Control Act, Public Law 660, as amended, in order to have sufficient funds to complete these much needed improve- ments; not therefore BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS that VffarrenWhitson, Jr., Mayor of the City of Denton be and is hereby authorized and directed to make application and sign the necessary documents required to complete the project on behalf of the City of Denton for a federal grant under Public Law 660, as amended; to be applied to the cost of the construction of said Sewage facilities. The City of Denton hereby agrees that if a federal grant for the project is made pursuant to the Federal Water Pollution Control Act, the City will pay the remaining costs of the approved project. PASSED AND APPROVED this 24th day of January, A. D. 1967. /s/Warren Whitson, Jr. Mayor, City of Denton, Texas ATTEST: /s/ Brooks Holt City Secretary, City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/~ack Q. Barton, City Attorney City of Denton, Texas A motion was made by Gentry, seconded by Camp that the resolution be adopted. On roll call vote Nelson voted "aye", Minor voted "aye", Camp voted "aye", Gentry voted "aye" Whitson voted "aye". Motion carried. 4 MUNICIPAL BUILDING January 24, 1967 5. Ordinances: The following ordinances were presented: ORDINANCE NO. 67-3 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS, REGULATING PARADES AND OTHER SIMILAR USES OF PUBLIC PLACES; AUTHORIZING THE CHIEF OF POLICE TO RECEIVE APPLICATIONS AND ISSUE PERMITS; PROVIDING STANDARDS FOR ISSUANCE THEREOF; ESTABLISHING PROCEDURE FOR APPEAL UPON RE~ECTION OF APPLICATION; REQUIRING COMPLIANCE WITH PERMIT CONDITIONS; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. A motion was made by Gentry, seconded by Nelson to adopt the ordinance. On roll call vote Minor voted "aye", Camp voted "aye", Gentry voted "aye", Nelson voted "aye" ~Arhitson voted "aye". Motion carried. ORDINANCE NO. 67-4 AN ORDINANCE AMENDING ARTICLE 13.23 (C) (3), INCORPORATED AS APPENDIX "B" OF THE CODE OF THE CITY OF DENTON, CLARIFYING THE EXCEPTIONS TO VEHICLE PARKING SPACE REQUIREMENTS BY DESCRIBING THE BLOCK FIFTY PER CENT (50%) OR MORE OF WHICH AREAS WERE OCCUPIED BY BUSINESS OR INDUSTRIAL STRUCTURES AT THE TIME OF PASSAGE OF PART II OF THE ZONING ORRDINANCE PASSED AND APPROVED THE 25TH DAY OF JULY, A. D. 1961; PROVIDINGA SAVINGS CLAUSE; AND DEGLARINGAN EFFECTIVE DATE. A motion was made by Nelson, seconded by Camp to adopt the ordinance. On roll call vote Gentry voted "aye", Camp voted "aye", Nelson voted "aye", Minor voted "aye", Whitson voted "aye". Motion carried. 6. A motion was made by Nelson, seconded by Camp that the request of Miss ttarvey Thompson for a quit claim deed be referred to the Planning and Zoning Commission for its recommendation. Motion carried. 7. A motion was made by Camp, seconded by Nelson that the Mayor be authorized to sign the following memorandum of agreement: The memorandum of agreement entered into by the City of Denton, Texas, signed by Mayor Warren Whitson, Jr., after due authorization by the City Council of the City of r)entonthis 24th day of January, 1967, and the authorized representative cfa & S Steel Buildings Corporation provides for the following changes to a contract between the City of Denton, Texas, and the A & S Steel Buildings Corporation to build one airplane hangar to wit: 1. Door widths shall be 109 feet. 2. There shall be added an extension on the south side of the building 19 feet by 120 feet built substantially to the same specifications as the remainder of the building. Contract Reductions: 1. Remove eastYwest tie beams $ 750.00 Total reductions $ 750.00 Contra ct Additions: 1. Hangar addition 19 feet by 120 feet $ 5,800.00 Total additions $ 5,800.00 Original Contract price $89,876.00 plus changes of 5,050.00 Adjusted Contract price $94,926.00 Motion carried. MUNICIPAL BUILDING January 24, 1967 8. ~he Manager was requested to contact Mr. Marvin Springer, City Planner, relative to revisions of the Denton Master Plan and to obtain an estimated cost. 9. The first meeting of the Council in February Was set for FebruaryT, rather than the regular meeting time. The meeting adjourned at 10:15 a.m. ' ~ City Secretary MUNICIPAL BUILDING February 14, 1967 Regular meeting of the City Council, City of Denton, Texas, Tuesday, February 14, 1967 at 8:30 a.m. in the Municipal 71uditorium. Present: Mayor Warren Whitson, Jr., L. 71. Nelson, Howard Gentry, Fred Minor, City Manager, City Attorney, City Secretary. Absent: Dr. Frank Camp, Jr. 1. A motion was made by Gentry, seconded by Minor that the minutes of the regular meeting of January 24, 1967 .be approved. Motion carried. 2. Bids: a. Bid No. 6?-3-2 -- Three conventional Cab and Chassis Trucks -- A motion was made by Gentry, seconded by Nelson that the bid be awarded to Bill Utter Ford r-- Company cna low bid of $10,794. Motion carried. b. Bid No. 6?-5-2 -- Police Uniforms -- 71 motion was made by Gentry, seconded biz Nelson that the bid be awarded to Donovan Uniform Companiz of Dallas, Texas, on a low bid of $?8 per uniform. Motion carried. 3. Visitors: a. Mike Gross, Manager of K's Thrift Center, requested permission to parallel park a large truck for one day in front of his store on the East Side of the Square. Mr. Gross was advised that his request was contrary to existing ordinance, but that he could park on Austin or East Oak Street if the meters are fed. b. Aubrey Davis, a resident of Mockingbird Lane, inquired as to when City utilities would be extended to this area. The Mayor stated that such extensions would be made when land owners agree to pay the cost of such extensions. The Manager added that this problem is being pursued at present. 4. Petitions: A motion was made by Minor, seconded by Gentry that the following three petitions be referred to the Planning and Zoning Commission for its recommendations: a. The petition of 71. L. Lindseyrequesting that the zoning classification of property located at the intersection of Bonnie Brae and Scripture be changed from the "R" Dwelling District to the "LR" Local Retail District. b, The petition of W. H. Hodgson requesting that the zoning classification of property located on the north side of Henry Street and the east side of Beaumont Street be changed from the "R" Dwelling District to the "LB" Local Business District. c. The petition of Joe Skiles requesting that the zoning classification of property located on the north edge of the Southridge Addition, adjacent to IH35E access road be changed from the "LB" and "A-2" Districts to the "LR" Local Retail District. Motion carried. MUNICIPAL BUILDING February 14, 1967 5. Re solution s: The following resolutions were presented: RESOLUTION THE STATE OF TEXAS ) : COUNTY OF DENTON ) CITY OF DENTON ) BE FORE THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: WHEREAS, on the 24th day of April, A. D. 1926, Cy Lowe did adopt a Plat of the Cy LoweAddition to said City of Denton as shown in Volume 206, page 118 of the Deed Records of Denton County, Texas; and WHEREAS, there was shown on said Plat ~ ten foot strip on the south side of ]lots Nos. One (1) through Eight (8) of said subdivision, extending from Avenue A to Avenue B; and WHEREAS, said alley has never been opened, has never been accepted or recognized by the City of Denton or by the general public, and the public has never used the same, and the respective portions at the rear of each of said lots have been used by the respective owners as a part of their said property, and said alley has been at all times closed and is now closed; and WHEREAS, the City of Denton, Texas, has no need for said alley and makes no claim on the same; and WHEREAS, the City Commission of the City of Denton, Texas, on the 30th day of April, 1946, passeda Resolution disclaiming any and all interest in and to said alley, or any part thereof, and authorized the Mayor to quit claim, by propertinstrument to any of the respective property owners of any of said lots, the portion of said alley adjoining their respective lots; and WHEREAS, the State of Texas has heretofore acquired all of the lots constituting the said Gy Lowe Addition to the City of Denton, Texas, but a question has been raised by the Attorney General of the State of Texas as to the sufficiency of said Resolution which disclaimed any interest in said ten foot strip which was done for the use and benefit of the abutting owners, and has suggested that said ten foot strip be quitclaimed to the State of Texas, for the use and benefit of North Texas State University, at Denton, Texas, for use of said strip as a part of the location of dormitory building to be constructed for the use and benefit ofsaid University. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Denton, that the Mayor of the City of Denton be, and he is hereby, fully authorized to quit claim in behalf of the City, any interest irt said ten foot strip to the State of Texas, for the use and benefit of North Texas State University, at Denton, Texas, same being for a public purpose. PASSED AND APPROVED on this the 14th day of February, A. D. 1967. /s/Warren Whitson, Jr., Mayor ATTEST: /s/Brooks Holt City Secretary of the City of Denton, Texas APPROVED as to form: /s/ Jack Barton City Attorney of the City of Denton, Texas MUNICIPAL BUILDING February 14, 1967 A motion was made by Gentry, seconded by Nelson to adopt the resolution. On roll call[ vote Minor voted "aye", Nelson voted "aye", Gentry voted "aye", Whitson voted "aye". Motion carried. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14TH DAY OF FEBRUARY, A.D. 1967. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That O'Neil Ford and Associates, Architects, are hereby authorized and engaged to be architects for the forthcoming Municipal Building and Emergency Operating Center to be constructed in the Denton Civic Center area. PASSED AND APPROVED this 14th day of February, A. m. 1967, to be effective from the 15 th day of January, A. D. 1967. /s/Warren Whitson, Jr. Mayor of the City of Denton ATTEST: /s/Brooks Holt City Secretary of the City of Denton APPROVED AS TO LEGAL FORM: /s/ Jack Q. Barton City Attorney of the City of Denton A motion was made by Gentry, seconded by Nelson to adopt the resolution. On roll call vote Minor voted "aye", Nelson voted "aye", Gentry voted "aye",Whitson voted "aye". Motion carried. 6. Ordinance: The following ordinance was presented: ORDINANCE NO. 67-5 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS, AND THE APPENDIX THERETO; PROVIDING PRO RATA COST CHARGES FOR CONNECTING WITH WATER AND SEWER MAINS; DESCRIBING THE LOT SIZE TO BE ASSESSED FOR SUCH CHARGES; PROVIDING FOR PARTICIPATION BY THE CITY IN THE COST OF CERTAIN WATER AND SEWER MAINS WHICH EXCEED A STATED INSIDE DIAMETER; PROVIDING AN ALTERNATIVE METHOD OF CONNECT- TION CHARGES; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. A motion was made by Nelson, seconded by Gentry to adopt the ordinance. On roll call vote Minor voted "aye", Gentry voted "aye", Nelson voted "aye", Whitson voted "aye". Motion carried. 7. The Council discussed the proposed contract with Black & Veatch Engineering Company to extend through 1972. A motion was made by Nelson, seconded by Gentry that the contract be awarded to Black & Veatch as recommended by the Public Utility Board and the City Manager. Motion carried. 8. A motion was made by Nelson, seconded by Gentry that the Mayor be authorized to sign a quit claim deed for Miss Harvey Thompson. Motion carried. 9. The Council disnussed the possibility of a new contract with Mrs. Pauline Arrington, co-owner of Fish-O-Rama. Mrs. Arrington requested that the fee on the contract be amended from 6% to 5% to be paid to City. Action was postponed until legal points have been explored. 10. The Council discussed the possibility of selling the fire station property on Avenue B, between West Hickory and West Oak Streets and a strip of property on the west MUNICIPAL BUILDING ' February 14, 1967 side of Avenue C, between West Hickory and West Oak Streets with proceeds to be used for the construction of a new fire station at Avenue A and McCormick Street. A motion was made by Nelson, seconded by Gentry to authorize the City Manager to advertise for bids for these two pieces of city owned property. MotiOn ca-tried. 11. The airport hangar contract was discussed but no action was taken. The meeting adjourned at 10:30 a.m. City Secretary MUNICIPAL BUILDING February 28, 1967 Regular meeting of the City Council, City of Denton, Texas, Tuesday, February 28, 1967 at 8:30 a.m. in the Municipal Auditorium. .Present: Mayor Pro Tem L. A. Nelson, presiding, Howard Gentry, Fred Minor, Dr. Frank Camp, Jr., City Manager, City Attorney, City Secretary. Absent: Mayor Warren Whitson, Jr. i. A motion was made by Minor, seconded by Gentry to approve the minutes of the regular meeting of February 14, 1967. Motion carried. '2. Bids: a. Bid No. 67-4-2 -- Power Transformers -- A motion was made by Gentry, seconded by Camp that the bid be awarded to Allis Ghalmers Manufacturing Company at a low bid of $143,948 as recommended by the Department of Public Utilities and Black and Veatch, consulting engineers. Motion carried. b. Bid No. 67-6-2 -- Repairs and Revisions to Unit Nos. 1 & 2 Cooling Towers -- A motion was made by Minor, seconded by Gentry that the bid be awarded to the Marley Company at a low bid of $44,125. Motion carried. c. Bid No. 67-7-2 -- Street Lighting and Components -- A motion was made by Camp, seconded by Gentry that the bid be awarded as follows: Items No. 1,2,4,6,25 2,6,27,28,29.through 53, 55 through 77, 84 through 86, with item no. 4 on a draw bid to Cummins Supply; Items No. 3, 13,14,15,19,21 -- Temple Supply Company; Items No. 7, 8,9,10,11,12,20 -- Priester Supply Company; Items No. 16,22,23,24, 54'and 78 through 83 -- Nelson Supply Company; Items No. 17 and 18 -- Westinghouse Supply Company. Motion carried. d. Bid No. 67-1-1 -- Community Building Meeting Rooms -- A motion was made by Camp, seconded by Gentry that the contract be awarded to Tom W. Davis dba Davis Brothers in the amount of $40,793.60. Motion carried. 3. Ordinances: The following ordinances were presented: ' ORDINANCE NO. 67-6 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CALLING AND ORDERING AN ELECTION TO BE HELD ON THE 4TH DAY OF APRIL, A.D. 1967, THE SAME BEING THE FIRST TUESDAY IN SAID MONTH, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEN FOR THE CITY MUNICIPAL BUILDING February 28, 1967 OF DENTON, TEXAS IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 3, SECTION 3.01 (a) OF THE CHARTER OF THE CITY OF DENTON, TEXAS; ESTAB- LISHING THE HOURS AND PLACE FOR THE SAID ELECTION; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND POSTING IN THREE PUBLIC PLACES IN THE CITY OF DENTON AS NOTICE OF SAID ELECTION; DIRECTING THE CITY SECRETARY TO MAKE UP THE OFFICIAL BALLOT; CAUSING THE SAME TO BE PRINTED AND DELIVERED TO THE PRESIDING OFFICER, APPOINTED HEREIN; PROVIDING FOR THE MAKING OF OFFICIAL RETURNS OF SAID ELECTION; PRO- VIDING FOR THE CANVASSING OF THE RETURNS OF THE SAID ELECTION AND DECLARING THE RESULTS OF SAME BY THE CITY COUNCIL; AND DECLARING AN EFFECTIVE DATE. A motion was made by Gentry, seconded by Minor that the ordinance be adopted. On roll call vote Camp voted "aye", Minor voted "aye", Gentry voted "aye", Nelson voted "aye". Motion carried. ORDINANCE NO. 67-7 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON; PROVIDING FOR THE DISPOSITION OF IMPOUNDED PROPERTY; PROVIDING THE MANNER AND GIVING OF NOTICE OF PUBLIC SALE; PROVIDING A STORAGE FEE IN ADDITION TO THE IMPOUNDING FEE; AND DECLARING AN EFFECTIVE DATE. A motion was made by Gentry, seconded by Camp that the ordinance be adopted. On roll call vote Minor voted "aye", Camp voted "aye", Gentry voted "aye", Nelson voted "aye" Motion carried· ORDINANCE NO. 67-8 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, PROVIDING FOR THE LICENSING OF TAXICABS AND DRIVERS; REGULATING TAXICABS; PRO- · - VIDING FOR RATES FOR CARRIAGE OF PASSENGERS, FOR POLICIES OF INSURANCE AND REVOCATION OF LICENSE; CREATING THE OFFICE OF INSPECTOR OF TAXI- CABS, DEFINING HIS DUTIES,~NDPROVIDING FOR APPEAL FROM HIS DECISION; PROVIDING FOR PENALTIES FOR VIOLATION OF SAID ORDINANCE; AND DECEAR- ING AN EFFECTIVE DATE. A motion was made by Gentry, seconded by Camp that the ordinance be adopted. On roll call vote Minor voted "aye", Camp voted "aye", Gentry voted "aye", Nelson voted "aye" 'I Motion carried · 4. At this point, Councilman Camp stated that it was his opinion that the City of Denton, because of its growth, should have seven Councilmen with the Mayor to be electe~ by the Council. Councilman Camp added that he was aware that this change would require an amendment to the Charter. The City Attorney was requested to report to the Council thei necessary procedure fora Charter amendment. No official action was taken. 5. The City Attorney presented the recommendation by Attorney ~ack Gray for settleme~t of the Curtis Brockett on the job injury case. A motion was made by Minor, seconded by Camp to authorize payment of the recommended,.sel~lemer~tinli~amo~ntof$3, 6136. Motion ca tried. ~-- 6. Councilman Gentry inquired as to insurance protection for City employees. It was the consenus of the Council that the City needed such protection and that the administratiQn should study the problem with a group basis in mind. 7. The proposed contract with Bill Hart to collect delinquent taxes for the City from January 1, 1967 through December 31, 1968 was discussed. A motion was made by Gentry seconded by Minor to authorize the Mayor to sign a contract with Mr. Hart. Motion carried. 8. A motion was made by Minor, seconded by Gentry to refer the petition of Mode E. Taylor, Ir. , Administrator of Carrie Taylor Estate, requesting a zoning change from the "D" Dwelling District to the "A-i" or "A-2" Dwelling District for property located from MUNICIPAL BUILDING February 28, 1967 be referred Third to College Streets, between North Elm and Bolivar Streets/to the Planning and Zoning Commission for its recommendation. Motion carried. 9. The proposed contract with Fish-O-Rama was presented with Mayor Pro Tern Nelson giving the high points of this proposed contract. A motion was made by Gentry, seconded by Minor that the existing contract with Alan D. Whatley, assigned to Fish-O-Rama, Inc. be amended as follows: 1. A penalty provision be imposed on concessionaire of 10% to the City on any and all part due payments for each quarter until paid, such penalty to accrue immediately after the 10th day after the close of -- business for the quarterly period and not to be pro rated for any partial quarter, an amendment to condition one of the existing contract. 2. Adding non-payment of penalties as well as rental, to the City's right of revocation, as described in subdivision (a) of condition 25 of said contra ct. 3. Requiring concessionaire to furnish the City with a certificate of the liability insurance required by condition 26 of its contract, each policy year. This is to be a novation, with all other provisions of the existing contract. 'Motion carried. The meeting adjourned at 9:40 a City Secretary M~NICIPAL BUILD~ March 14, 1967 Regular meeting of the City Council, City of Denton, Texas, Tuesday, March 14, 1967 at 8:30 a.m. in the Municipal Auditorium. Present: Mayor Warren Whitson, Jr., L. A. Nelson, Howard Gentry, Fred Minor, Dr. Frank Camp, Jr., City Manager, City Attorney, City Secretary. !. A motion was made by Nelson, seconded by Gentry to approve the minutes of the regular meeting of February 28, 1967. Motion carried. 2. Bids: a. Bid No. 67-11-3 .-- Nursery Stock and Plants -- A motion was made by Minor, seconded by Nelson that the bid be awarded as follows: Items 1, 3 and 5 to Durant Nursery at a total price o:[ $1.,350 plus delivery of $25 per load not to exceed two loads; Items 2 and 4 to A. K. Galloway & Son at a total price of $243.75. Addendum One -- Bid No. 67-11-.3 -.- Item 1 and 2 to Harpool Nursery at a total price of $936. Motion carried. b. Bid No. 67-1-2-3 -- Scrap and Obsolete Items -- A motion was made by Gentry, seconded by Nelson that the bid be awarded as follows: Itam 1 to Howard Carter at a bid of 30 1/2 ¢ per pound; Item 2 to ~. L. Madewell; Item 3 to Wayne Boyd; Items 4 and 5 to Southwest Meter Company and Item 6 to G. D. Hilliard. Motion carried. MUNICIPAL BUILDING March 14, 1967 c. Bid No. 67-14-3 -- Sculptor Apparatus -- A motion was made by Camp, seconded by Gentry that the bid for Items 1, 2 and 3 be awarded to Paul E. Allen, Inc. at a total cost of $1,070. Motion carried. d. Bid No. 67-15-3 -- Playground Sets -- A motion was made by Nelson, seconded by Minor that the bids be awarded as follows: Item 1 and 6 to Game-Time, Inc. at a bid of 783.03; Items 2, 3 and 4 to Paul E. Allen, Inc. at a combined bid of $3,011 plus freight on Item 4. Motion carried. ,---. e. Bid No. 67-8-2--Water Works Improvements -- A motion was made by Gentry, seconded by Nelson to award the bid as follows: Raw¥~ater Pumping Unit be awarded to Eli Myers Pumping Sales and Service at a bid of $19,977; High Service Motor Controller to Allis Chalmers Manufacturing Company at a low bid of $3,445; High Service Pumping Unit to Southern Engine and Pump Company at a bid of $13,977. Motion carried. 3. Visitors: a. The Mayor recognized Dr. Ruth I. Anderson and her secretarial class of NTSU. ~-~ 4. Petitions: ~ a. A public hearing was held on the petition of Robert A. Nichols requesting that the zoning classification of property described as property located at[the-,southeast intersection of IH35E and Teasley Lane and contains approximately 1-1/2 acres be changed from the "R" Dwelling District to the "LB" Local Business District. After hearing proponents but no opposition, a motion was made by Nelson, seconded by Gentry that the petition be approved. Motion carried. b. A motion was made by Minor, seconded by Nelson that the petition of George W. Garett requesting that the zoning classification of property described as City lots 6, 7, 8, Block 354 located at Welch and Collins Streets be changed from "R" Dwelling District to the "LB" Local Business be referred to the Planning and Zoning Commission. Motion carried. 5. A motion was made by Gentry, seconded by Nelson to authorize the Mayor to sign an agreement with the Texas Highway Department for maintenance and operation of a safety lighting system on IH35E, subject to confirmation by the Public Utility Board. Motion carried. 6. Reports: a. City Attorney, Jack Barton, requested permission to visit the State Insurance Commissioner in Austin relative to insurance for the City of Denton. The Council advised Mr. Barton to proceed in acquiring further information on the .Matter. b. City Attorney, Jack Barton, advised the City Council that the City Charter could be amended in two way~ (1) by a petition of 10% of the qualified voters, (2) by the calling of an election by the City Council. 7. Councilman Nelson stated that the contractor reimburse the City ,its cost for labor and material for paving work at the Municipal Airport and that the contractor could delete the amount of this cost in his bill to the City. 8. The proposal of Marvin Springer to up date the Master Plan of the City was discussed. A joint meeting with the Denton Independent School Board was suggested for Tuesday, March 21, at 7:00 a.m. to discuss school locations and other matters. The Mayor stated he would confer with the County Commissicr~srelative to County thorough- fare plans. No official action was taken on the Springer proposal. 9. Mayor %Vhitson commended County Commissioners for their plan to establish a Denton County Welfare unit. He stated that the City of Denton would cooperate in MUNICIPAL BUILDING March 14, 1967 establishing such a unit, and that this action was a definite step forward. Other members of the Council concurred. 10. A motion was made by Nelson that Article 13.18, subsection (a), subsection (6), under "LB" Local Business District classification in the zoning ordinance be amended as. follows: Veterinary clinics for the treatment and hospitalization within a completely enclosed structure for household pets only with no outside runs and kennels, and further that Article 13.17, subsection (a) be amended to uses permitted in the "LR" Local Retail District as follows: Veterinary clinics for household pets,~onl'y, provi~ted'that animals not be kept Overnight. Motion seconded 'by Camp ~ Motion carried. 11. The floor plan of the proposed new library was reviewed. No official action was taken. The meeting adjourned at 10:20 a.m. ~ City Secretary ***** MUNICIPAL BUILDING March 23, 1967 ,Special meeting of the City Council, City of Denton, Thursday, March 23, 1967 at .4:30 p.m. in the Municipal Auditorium. .Present: Mayor Warren Whitson, Jr., L. A. Nelson, Fred Minor, City Manager, City Attorney, City Secretary, Director of Parks and Recreation. Absent: Councilmen I~rank Camp, Jr., Howard Gentry. 1. Bids: a. Bid No. 67-17-3 -- Tables, Chairs and Related Items - Item No. 7 -- A motion was made by Nelson, seconded by Minor that the bid for 500 stacking chairs be awarded to Kibler Office Supply at a bid of $8,975 with delivery to be made prior to April 23, 1967. Motion carried. b. Bid No. 67-17-3 -- Tables, Chairs and Related Items - Items No. 1 through 4 -- A motion was made by Minor, seconded by Nelson that the bid for a total of 60 risers and ends be awarded to Kibler Office Supply at a bid of $3,413.32. Motion carried. c. Bid No. 67-17-3 -- Tables, Chairs and Related Items -- Item No. 5 -- A motion was made by Nelson, seconded by Minor that the bid for 10 folding tables be awarded to Kibler Office Supply at a bid of $250. Motion carried. 2. A motion was made by Nelson, seconded by Minor that Dr. Charles H. Saunders be appointed to the Flow Hospital Board of Managers to fill the unexpired term of Tom -- Laney. This term expires October 10, 1967. Motion carried. The meetingadjournedat 5:20p.m. ~or J~,,~~~' City Secretary ! March 28, 1967 Regular meeting of the City Council, City of Denton, Texas, Tuesday, March 28, 1967 at 8:30 a.m. in the Municipal Building Auditorium. Present: Mayor Warren Whitson, Jr., L. A. Nelson, Dr. Frank Camp, Howard Gentry, Fred H. Minor, City Manager, City Attorney, City Secretary. 1. A motion was made by Minor, seconded by Nelson to approve the minutes of the regular meeting of March 14, 1967 and the special meeting of March 23, 1967. Motion carried. 2. Bids: a. Bid No. 67-16-3 -- One Automotive Carryall Vehicle -- A motion was made by Camp, seconded by Gentry that the bid be awarded to Calvert Motor Company at a bid of $1,959.20. Motion carried. 3. Petitions: a. The Mayor opened a public hearing on the petition of Joe Skiles requesting that the zoning classification of property described as City Blocks 2001 and 2002 with a total combined area of 15.1 acres, located on the north edge of the Southridge Addition, adjacent to IH35E access road, be changed from the ~LB" and "A-2" Dwelling Districts to the "'LR" District. A motion was made by Nelson, seconded by Minor that the public hearing be recessed until the next regular meeting since no one was present to speak for or against the petition. Motion carried. b. A public hearing was held on the petition of A. L. Lindsey requesting that the zoning classification of property described as City lot 2, Block 4027, located at the southwest corner of Bonnie Brae and Scripture Streets, be changed from the 'R" Dwelling District to the "LR" Local Retail District. After considerable discussion, a motion was made by Camp, seconded by Nelson that the petition be denied on the basis that present plans call for City Planners to up date the Master Plan and that this petition be resubmitted at a later date. M orion carried. 4. Ordinances: The following ordinances were presented: ORDINANCE NO. 67-9 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAME MAP APPLIES TO PRO- PERTY SITUATED AT THE SOUTHEAST CORNER OF 35E AND TEASLEY LANE, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. A motion was made by Gentry, seconded by Nelson that the ordinance be adopted. On roll call vote Camp voted "aye", Nelson voted "aye", Minor voted "aye", Gentry voted "aye" Whitson voted "aye". Motion carried. ORDINANCE NO. 67-10 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS, BY INCLUDING OVERNIGHT CARE FOR HOUSEHOLD PETS IN VETERINARIAN CLINICS LOCATED WITHIN THE "LB" LOCAL BUSINESS ZONING DISTRICT; INCLUDING DAY CARE VETERINARIAN CLINICS WITHIN THE "LR" LOCAL RETAIL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY FOR VIOLATIONS; AND DECLARING AN EFFECTIVE DATE. A motion was made by Gentry, seconded by Nelson that the ordinance be adopted. On roll call vote Minor voted "aye", Camp voted "aye", Nelson voted "aye", Gentry voted "aye", Whitson voted "aye". Motion carried. MUNICIPAL BUILDING March 28, 1967 ORDINANCE NO. 67-11 AN ORDINANCE DIRECTING THE DELIVERY OF TIME WARRANTS IN CONNECTION WITH IMPROVING THE CITY' S AIRPORT A motion was made by Nelson, seconded by Gentry that the ordinance be adopted. On roll call vote Minor voted "aye", Camp voted "aye", Nelson voted "aye", Gentry voted "aye", Whitson voted "aye". Motion carried. 5. The City Manager discussed, the up dating of the Master Plan, reporting that the matter had been discussed with the Denton Independent School District Board who agreed to cooperate with the school's portion of the plan. A motion was made by Camp, seconded by Gentry that Marvin Springer be retained to up date the Master Plan at a cost of $15,900 with the Denton Independent School District to pay an agreed $1,500 of this amount. Motion carried. 6. Councilman Nelson requested that the City Manager investigate and report by the next meeting the possibilities of a street paving program, other than the present assess- ment program, with some streets of lesser quality in areas where an extreme hardship would result under the present assessment program, and to inquire on what basis the County of Denton would participate in these special areas, with these special streets to be approved at the discretion of the City Council. The Council concurred. The meeting adjourned at 9:30 .m. ~-~J_~:,~ City Secretary MUNICIPAL BUILDING April 6, 1967 Special meeting of the City Council, City of Denton, Texas, Thursday, April 6, 1967 at 8:10 a.m. in the Municipal Auditorium. Present: Mayor WarrenlNhitson, Jr., L. A. Nelson, Frank Camp, Jr., Fred H. Minor, Howard Gentry, City Manager, City Attorney, City Secretary. ].. Bids: a. Bid No. 67-19-3 .-- Carpets for Community Building -- A motion was made by Camp, seconded by Gentry that the bid be awarded to ~addell Interiors at a low bid of $9.95 a square yard installed. Motion carried. City Secretary MUNICIPAL BUILDIN~ -~ April 11, 1967 Regular meeting of the City Council, City of Denton, Texas, Tuesday, April 11, 1967, at 8:30 a.m. in the Municipal Building Auditorium. Present: Mayor Warren Whitson, Jr., L. A. Nelson, Dr. Frank Camp, Howard Gentry, Fred H. Minor and the newly elected Councilmen: Zeke Martin, Marvin Loveless, J. T. Jones, Jr., City Manager, City Attorney, City Secretary. 1. A motion was made by Gentry, seconded by Nelson that the minutes of the regular meeting of March 28, 1967 a.ndthe special meeting of April 6, 1967 be approved. Motion carried. 2. A motion was made by Camp, seconded by Nelson to grant an increase of $2,000 to Price Waterhouse & Company for additional work in preparing the 1965 -- 66 fiscal year audit with the amount to be paid from the contingency fund. Motion carried. 3. Ordinances: The following ordinances were presented: ORDINANCE NO. 67-12 AN ORDINANCE CANVASSING ELECTION RETURNS OF ELECTION HELD APRIL 4, 1967, TO ELECT THREE CITY COUNCILMEN: 1. That the City Council officially finds and determines that an election was duly ordered to be held in the City of Denton on the 4th day of April, 1967, for the purpose of electing three (3) members to said Council; that proper notice of said election was duly given; that proper election officers were duly appointed prior to said election; that said election was duly held; that due returns of the result of said election have been made and delivered by Jewell Smith, the presiding Judge; and that the City Council has duly canvassed said returns; all in accordance with law. 2. That the City Council officially finds and determines that only resident, qualified electors of said City were allowed to vote at said election, and the following votes were cast at said election for each candidate and write-in, there being no other person receiving any votes at this election: Mrs. E. C. (Ola) Brodie 319 Votes A. B. (Swede) Swenson 759 Votes Ruth I. Anderson 452 Votes Zeke Martin 1,253 Votes Howard E. Gentry 823 Votes J. T. Jones, Jr. 1,125 Votes Mrs. Kenneth Hinkle Smith 875 Votes C. C. Orr, Jr. 1,012 Votes W. Anson Sewalt 572 Votes Marvin Loveless 1,189 Votes Fred Minor 1 Vote Joe Bailey 2 Votes B. Carnie Marsh 1 Vote Mrs. D. R. Malone 1 Vote Jim Barlow 1 Vote Mrs. Benton Lyle, Jr. 1 Vote 3. That the City Council officially finds, determines and declares the results of said election to be that Zeke Martin, J. T. Jones, Jr., and Marvin Loveless, have each received the proper number of votes to be elected, and that each of them is elected to said City Council in accordance with law. PASSED AND APPROVED this 10th day of April, A.~D. 1967. MUNICIPAL BUILDING April 11, 1967 /s/ Warren Whitson, Jr. Mayor of the City of Denton ATTEST: /s/Brooks Holt City Secretary of the City of Denton APPROVED AS TO LEGAL FORM: /s/Jack Q. Barton City Attorney of the City of Denton A motion was made by Gentry, seconded by Nelson that the ordinance be adopted. On roll call vote Camp voted "aye", Minor voted "aye", Nelson voted "aye", Gentry voted "aye", and W/aitson voted "aye". Motion carried. ORDINANCE NO. 67-13 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS. A motion was made by Nelson, seconded by Minor that the ordinance be adopted. On roll call vote Camp voted "aye", Gentry voted "aye", Minor voted "aye", Nelson voted "aye", Whitson voted "aye". Motion carried. 4. The City Secretary administered the oath of office to Councilmen Zeke Martin, Marvin Loveless, and J. T. Jones, Jr. 5. Mayor Warren Whitson, Jr.. relinquished the chair to the City Secretary. Zeke Martin, Marvin Loveless and J. T. JOnes, Jr. took their seats on the Council. Nominations were opened for Mayor, City of Denton, Texas. A motion was made by Loveless, nominating Cecil F. (Zeke) Martin. A motion was then made by Jones, seconded by Nelson~, that Martin be elected by acclamation. Martin was elected unanimously and took the chair. Mayor Martin expressed appreciation for the opportunity of serving and the confidence that had been placed in him. Mayor Martin opened nominations for Mayor Pro-Tem of the City of Denton, Texas. A motion was made by Jones, seconded by Nelson to nominate Marvin Loveless as Mayor Pro-Tem and that he be elected by acclamation. Motion carried and Loveless elected. 6. Resolutions: The following resolutions were presented: RESOLUTION THE STATE OF TEXAS ) : COUNTY OF DENTON ) : CITY OF DENTON ) RESOLUTION IN APPRECIATION OF DR. FRANK CAMP WHEREAS, the Council of the City of Denton is losing one of its most valued members in Dr. Frank Camp MUNICIPAL BUILDING April _11, 1967 who was elected thereto in April of 1'965, and who formerly served as a member of the Planning and zoning Board from the 23rd day of April, 1963 until his said election to this Council; and WHEREAS, Dr. Frank Camp has been with the City of Denton for more than four years, and during said time has consistently discharged his duties and responsibilities diligently and efficiently, with the highest professional standards; and WHEREAS, Dr. Frank Camp has always served above and be- yond the mere efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect and admiration of his subordinates and peers; and WHEREAS, Dr. Frank Camp has been very active as a member of this City Council, and prior to that as a member of the Planning and zoning Commission of the City of Denton, and has devoted much time and effort, without pay, reward or any other' compensation, to raising the standards of the City which he loves so well; and WHEREAS, the City of Denton has been extremely fortunate i~ having enjoyed the dedicated services of Dr. Frank Camp for the many years he has been with the City, and for his future services which we hope will be forthcoming; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON~ that the sincere and warm appreciation of Dr. Frank Camp by the citizens and officers of the City of Denton be conveyed to him by spread- ing this Resolution in the official minutes of the City of Denton, Texas, and forwarding the executed original to him. BE IT FURTHER RESOLVED, that the City of Denton does hereby extend its best wishes to Dr. Frank Camp for a long and successful career as a member of our community. PASSED AND APPROVED this llth day of April, A. D. 1967. /s/Zeke Martin, Mayor ATTEST: /s/Brooks Holt City Secretary of the City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/Jack Q. Barton City Attorney of the City of Denton, Texas A motion was made by Whitson, seconded by Loveless to adopt the resolution. 0h roll call vote Jones voted "aye", Nelson voted "aye", Loveless voted "aye", Whitson voted "aye", Martin voted "aye". Motion carried. April 11, 1967 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BYILDING OF SAID CITY ON THE llTH DAY OF APRIL, A~. D. 1967. RESOLUTION THE STATE OF TEXAS ) : COUNTY OF D~NTON ) : CITY OF DENTON ) RESOLUTION IN APPRECIATION OF HOWARD GENTRY WHEREAS, the Council of the City of Denton is l~sing one of its most valued members in Howard Gentry, who was elected thereto in April of 1965, and who formerly served as a member, then chairman, of the Parks and Recreation Board of the City of Denton, Texas from May 24, 1962 until his said election in April of 1965; and WHEREAS, Howard Gentry has been with the City of Denton for five years, and during said time has always discharged his dutues and responsibilities diligently and efficiently, with the highest professional standards; and WHEREAS, Howard Gentry has consistently served above and beyond the mere effecient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the complete respect and admiration of his subordinates and peers; and WHEREAS, Howard Gentry has been extremely active as a member _ of this City Council, and prior to that as a member and chairman of the Parks and Recreation Board, and has devoted much time and effort, without pay, reward or other compensation, to raising the standards of the City which he loves so well; and WHEREAS, the City of Denton has been extremely fortunate in having enjoyed the dedicated services of Howard Gentry for the many years he has been with the City, and for the future services which we know will be forthcoming; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, that the sincere and ward appreciation of Howard Gentry by the citizens and officers of the City of Denton be conveyed to him by spreading ~his Resolution in the official minutes of the City of Denton, Texas, and forwarding the executed original to him. BE IT FURTHER RESOLVED, that the City of Denton does hereby extend~s best wishes to Howard Gentry for a long and successful career as a member of our community. PASSED AND APPROVED this llth day of April, A. D. 1967 /s/Zeke Martin, Mayor .ATTEST: /s/Brooks Holt ,City Secretary of the City of Denton APPROVED AS TO LEGAL FORM: /s/ Jack Q. Barton City Attorney of the City of Denton MUNICIPAL BUILDING April 11, 1967 A motion was made by Whitson, seconded by Jones to adopt the resolution. On roll call vote Nelson voted "aye", Loveless voted "aye" Jones voted "aye" Whitson voted "aye" Martin voted "aye" Motion carried. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE llTH DAY OF APRIL, A. D. 1967. R E S 0 L U T I 0 N THE STATE OF TEXAS ) : COUNTY OF DENTON ) : CITY OF DENTON ) RESOLUTION IN APPRECIATION OF FRED MINOR ~ WHEREAS, the Council of the City of Denton, Texas, is .~ losing one of its most esteemed members in Fred Minor, who was ~-~ appointed to said Council in September of 1966 to fill the unexpired term of Dr. Chester Newland and who formerly served, in the past, as a member of the governing body of the City of Denton; and WHEREAS, Fred Minor has served the City of Denton, in many capacities, for many years, and during said time has always discharged his duties and responsibilities diligently and -- efficiently, with the highest professional standards; and WHEREAS, Fred Minor has consistently served above and beyond the mere efficent discharge of his duties in promoting the welfare and prosperity of the City, and has earned the complete respect and admiration of his subordinates and colleagues; and WHEREAS, Fred Minor has been extremely active as a member of this City Council, and prior to that in many other capacities both official and unoffical, and has devoted considerable time and effort, without pay, or reward, to raising the standards of the City of Denton in which he lives and to which he has dedicated the better part of his life; and WHEREAS, the City of Denton has been extremely fortunate in having enjoyed the dedicated services of Fred Minor for the many years he has served the City, and for future services which we all know will be forthcoming; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: that the sincere and warm appreciation of Fred Minor by the citizens and officers of the City of Denton be conveyed to him by spreading this Resolution in the official minutes of the City of Denton, Texas, and forwarding the executed original to him. BE IT FURTHER RESOLVED, that the City of DenOn does hereby extend its best wishes to Fred Minor for a long and successful career as a member of our community. PASSED AND APPROVED this llth day of April, A. D. 1967. /s/Zeke Martin, Mayor ATTEST: /s/Brooks Holt City Secretary of the City of Denton MUNICIPAL BUILDING April 11, 1967 APPROVED AS TO LEGAL FORM: /s/Jack Q. Barton City Attorney of the City of Denton A motion was made by Whitson, seconded by Loveless to adopt the resolution. On roll call vote Nelson voted "aye", Loveless voted "aye", Jones voted "aye", Whitson voted "aye", Martin voted "aye". Motion carried. 7. Mayor Martin presented engraved plaques to retiring Councilmen Gentry, Camp, and Minor and expressed his personal appreciation for their outstanding contributions to the City of Denton. 8. A motion was made by Loveless, seconded by Nelson that a resolution and plaque be prepared and presented to retiring Mayor Warren Whitson, Jr. for his outstanding and unselfish contributions to the City of Denton as its Mayor since May, 1962. Motion carried. The meeting adjourned at 9:05 a.~m. City Secretary MUNICIPAL BUILDING - April 25, 1967 Regular meeting of the City Council, City of Denton, Texas, Tuesday, April 25, 1967 at 8:30 a.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, WarrenWhitson, Ir., L. A. Nelson, ]Marvin Loveless, City Manager, City Attorney and City Secretary. 1. A motion was made by Loveless, seconded by Iones that the minutes to include the meeting of April 11, 1967 be approved. Motion carried. 2. Bids: a. Bid No. 67-9-3 -- Meter, Allied Equipment and Street Signals -- A motion was made by Loveless, seconded by Nelson thst the bids be awarded as follows as recommended by the City Manager: Items 1, 8, 9, 10, 12, 13, 14, 22, 24, 32, 38 and on a draw bid items 26, 27, 29, 31, 33 and 35 awarded to Cummins Supply Company; Items 2, 5, 6, 7 awarded to Pries;er Supply; Items 3 and 4 and on draw bid items 28, 30 and 34 awarded to Graybar Electric Company; Items 11, 15, 16, 18, 19, and on draw bid item 25 to Westinghouse Electric Company; Items 17, 20, 21, 36, 37 and 39 to Iack Tare Supply. Motion carried. b. Bid No. 67-10-3 -- Transformers, Capacitors and Regulators --A motion was made by Loveless, seconded by Whitson that the bids be awarded as follows' als recommended by the City Manager: Items 60 through 66 inclusive awarded to Nelson F. lectric Company and on draw bid Items 56, 57 and 58 awarded to Nelson Electric Company; Items 2 through 29, 32 through 37, 48 through 53 inclusive and on draw bid Item 67 awarded to Cummins Supply Company; Items 30, 31, 68 and 69 awarded to Graybar Electric Company; Items 1, 38 through 47 inclusive awarded to RTE Corporation and on draw bid Item 59 awarded to Preister Supply Company. Motion carried. MUNICIPAL BUILDING April 25, 1967 c. Bid No. 67-13-3 -- Electrical Equipment -- A motion was made by Whitson, seconded by Nelson that the bid be awarded as recommended by the Public Utility Board as follows: Allis Chalmers Company-- $188,366 and Control Corporation-- $47,$05. Motion carried. d. Bid No. 67-21-4 -- Riding Mowers -- A motion was made by Whitson, seconded by Jones that the bid be awarded as follows as recommended by the City Manager:! One riding rotary mower Kut-Kwick awarded to Colonial Motors of Dallas, Texas, at a bid of $794; One riding rotary mower Commercial with attachments be awarded to Gravely Tractor Company of Fort Worth, Texas, at a bid of $1,754. 447 One riding reel mower, 84" National Triplex awarded to Catto and Putty of San Antonio, Texas, at a bid of $1,045. Motion carried. e. Bid No. 67-22-4 -- Swimming Pool Driveway to be Constructed -- A motion was made by Whitson, seconded by Jones that the bid be awarded to Claud Smith at a bid of $2,315. Motion carried. 3. Vi sitor s: a. Mrs. Gloria Pruett, Vice President of the Denton PTA Council, requested a proclamation declaring April 30 as Tour Sunday. The City Attorney was directed to prepare such a proclamation. 4. Petitions: a. /t public hearing was held on the petition of W. H. Hodgson, requesting thal the zoning classification of property described as City lots 7, 8, 9, Block 446 -- located on the north side of Henry Street and the east side of Beaumont Street -- be changed from the "R" Dwelling District to the "LB" Local Business District. A motion was made by Whitson, seconded by Loveless that the petition be approved subject to provision agreed to which will be incorporated in zoning ordinance for this zoning change. Motion carried. b. A public hearing was held on the petition of Joe Skiles, requesting that the zoning classification of property described as City Blocks 2001 and 2002 with a total combined area of 15.1 acres, located on the north edge of the Southridge Addition, adjacenl to IH35E access road, be changed from the "LB" and "A-2" Districts to the "LR" Local Retail District. A motion was made by Loveless, seconded by Jones that the petition be approved. Motion carried. c. A motion was made by Whitson, seconded by Loveless that the petition of Walter T. Moreland requesting that the zoning classification of property bounded by Bolivar Street on the west, North Elm Street on the east, College Street on the north and Third Street on the south be changed from the "D" Dwelling District to the "A-1" or "A-2" Dwelling District be referred to the Planning and Zoning Commission for its recommendation Motion carried. 5. Re solutions: a. The following resolutions were presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 25TH DAY OF APRIL, A.D. 1967. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: that the said Council, speaking for itself and for the citizens of Fenton, wish to express their sincere gratitude and deepest appreciation of Warren Whitson, Jr., for his dedicated and distinguished services as Mayor of this City from May 15, 1962 until April 11, 1967, and it is hereby ordered that a suitable plaque be made and delivered to him, and that this Resolution become a permanent monument to Warren Whitson, Jr., for his valuable services as aforesaid. MUNICIPAL BUILDING April 25, 1967 BE IT FURTHER RESOLVED, that the Council recognizes the growth and prosperity of the Gity of Denton which has taken place during the past five years, during Warren Whitson, Jr.'s term as Mayor, to which he has contributed greatly because of his dynamic leadership and unselfish service; and this Council expresses a sincere desire that Warren Whitson, Jr., continute this dedicated and valuable service as a member of this Council, and as a leader of our community. ; - PASSED AND APPROVED this 25th day of April, A.D. 1967. /s/Zeke Martin Mayor, City of Denton, Texas .ATTEST: /s/Brooks Holt City Secretary, City of Denton, Texas .APPROVED AS TO LEGAL FORM: /s/ Jack Q. Barton City Attorney, City of Fenton, Texas A motion was made by Loveless, seconded by Iones that the resolution be adopted. On .roll call vote Nelson voted "aye", Jones voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. A plaque was presented to Mr. Whitson by Mayor Martin who lauded him for his outstand- ing contribution to Denton. Mr. Whitson responded by stating that the problems of the .office had been outweighed by pleasures and satisfactions of seeing Denton grow and prosper. b. RE S O L UTI O N AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 25th DAY OF APRIL, A.D. 1967. .BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That Zeke Martin, Mayor of the City of Denton, Texas, be and is hereby authorized and directed by the City Council to sign and execute that certain contract with the United States ofJAmerica; acting through t~he General Services Administration, as Project No. 42-0243, to sell the real property described below, and to execute a general warranty deed th~rsfore, for the considerations expressed in said contract to sell real property, which contract bears even date herewith; to wit: Being a part of Block No. 19 of the subdivision of a 640 acre survey patented to John P. Henry, Assignee of the B.B.B. & C.R.R. Company Survey, Scrip, No. 111, Abstract No. 185, dated October 16, 1857 and recorded in Volume 2, Patent No. 963 of the State Abstract of Land Titles - Denton County, Texas; of Austin, Texas; BEGINNING at a 1-1/2" brass cap mounted on a 5/8" steel rod in the east right of way line of North Locust Street, 144.00 feet north 00© 45' east of the scut hwest corner of 'the above mentioned Block No. 13; THENCE north 00© 45' east, with the east right of way linc of North Locust Street, 181.00 feet to a 1-1/2" brass cap mounted on a 5/8" steel rod set for a corner, said corner being the northwest corner of Tract No. Four conveyed by Thomas R. Brooks, ~r., et al, to the City of Denton, Texas, MUNICIPAL BUILDING April 25, 1967 on October 17, 1966, by deed recorded in Volume 543, Page 145, Deed Records of Denton County, Texas; THENCE south 88© 50' east, 185.21 feet to a 1-1/2" brass cap mounted on a 5/8" steel rod set for a corner; THENCE north 00° 45' east, 68.00 feet to a 1-1/2 "brass cap mounted on a 5/8" steel rod set for a corner; ~-- THENCE south 88° 50' east, 117.39 feet to a 1-1/2" brass cap mounted on a 5/8" : steel rod set for a corner; THENCE south 02© 21' west, 201.78 feet to a 1-1/2" brass cap mounted on a 5/8' steel rod set for a corner; THENCE south 87°39' east, 59.50 feet toa 1-1/2" brass cap mounted ona 5/8" steel rod set for a corner; THENCE south 02© 21' west, 155.00 feet toa 1-1/2" brass cap mounted ona 5/8" steel rod set for a corner; THENCE north 87°39' west, 237.00 feet to a 1-1/2" brass cap mounted on a 5/8" steel rod set for a corner; THENCE north 00°45' east, 105.00 feet to a 1-1/2" brass cap mounted on a 5/8" steel rod set for a comer; THENCE north 89° 15' west, 115.20 feet at the place of beginning, containing an area of 89. 997.18 square feet, more or less; and all bearings refer to Magnetic north, Magnetic Declination 9 east. -- PASSED AND APPROVED this 25th day of April, A. D. 1967. /s/ Zeke Martin Mayor, City of Denton, Texas ATTEST: /s/ Brooks Holt City Secretary, City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/ Jack Q. Barton City Attorney, City of Denton, Texas A motion was made by Loveless, seconded by Nelson that the resolution be adopted. On roll call vote Nelson voted "aye", Jones voted "aye", Whitson voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. 6. Ordinance: The following ordinance was presented: ORDINANCE NO. 67-14 '--- AN ORDINANCE AMENDING THE BUDGET FOR THE CITY OF DENTON, TEXAS FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1966 AND ENDING ON SEPTEMBER 30, 1967 AS SAME REGARDS CERTAIN TAX RATES OF ASSESSED VALUATION; AND RECREATIONAL ACTIVITIES; AND DECLARING AN EFFECTIVE DATE. A motion was made by Whitson, seconded by Loveless that the ordinance be adopted. On roll call vote Loveless voted "aye", Nelson voted "aye", Whitson voted "aye", Jones voted "aye", Martin voted "aye". Motion carried. MUNICIPAL BUILDING April 25, 1967 7. The Council postponed action on an auditor's contract until the next regular meeting. 8. A motion was made by Martin, seconded by Loveless that Councilman Warren Whitson, Jr. continue as representative of the City of Denton to the North Central Texas Council of Governments. Motion carried. 9. Mayor Martin read a letter from the Manager of Station KDNT stating that the station would broadcast Council meetings free of charge if the meeting time were changed to either 7:00 p.m. or 8:00 p.m. Motion made by Loveless to change the meeting time, but motion died for lack of second. The Council then agreed to post- pone a decision until the next meeting. 10. A motion was made by Jones, seconded by Loveless that Ordinance No. 66-43 be amended so that no charge would be made to any citizen for the use of the City Sanitary Fill facility, with no requirements or fee of any kind and with free access at all times. After considerable discussion it was agreed that the Council should explore the matter extensively before making a final decision. 11. Councilman Loveless voiced concern for inadequate lighting on IH3$E near the Holiday Inn and for repeated blockage of traffic by railroad trains at the East McKinnay crossing. The Mayor requested that the City Manager explore the matter and report .his findings to the Council. The meeting adjourned at 10:25 a.m. ~r j,....~ )~~ .~lty Secretary MUNICIPAL BUILDING May 9, 1967 Regular meeting of the City Council.. City of Denton, Texas, Tuesday, May 9 1967 .st 8:30 a.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, Warren Whitson, Jr., L. A. Nelson, J. T. Jones Jr., Marvin Loveless, City Manager, City Attorney, City Secretary. 1. A motion was made by Jones, seconded by Loveless that the minutes to include 'the meeting of April 25, 1967 be approved. Motion carried. 2. Bids: a. Bid No. 67-9-3 -- Meter, Allied Equipment and Street Signals (Items .40 through 69) --A motion was made byWhitson, seconded by Nelson that the bids be awarded as follows as recommended by the City Manager: Items 40, 41, 44, 45, 46, .48 through 56 and 62 through 69 awarded to Signal Engineering; Items 42 and 43 awarded to Nelson Electric Company; Items 47, 58 through 61 awarded to Cummins Electric Company; Item 57 to Signal Sales Company. Motion carried. b. Bid No. 67-24-5 -- Ten Trucks w/beds -- A motion was made byWhitson :seconded by Nelson that the bid be awarded to Bill Utter Ford Company at a iow bid of $29,187 with 9 trucks and beds traded in by the City. Motion carried. 3. Visitors: a. Mrs. Ola Brodie, accompanied by a group of Fort IAforth Drive business people, requested additional lighting and increased police protection on Fort ~Vorth Drive. She stated that break-ins have been. prevalent in that area. Mayor Martin advised the group that the City Manager, Chief of Police and the Electric Department would make a thorough investigation. MUNICIPAL BUILDING May 9, 1967 b. Hermon Arrasmith, representing the Denton Junior High School PTA, requested a proclamation setting aside May 19, 1967 as Dan McAlister Day in honor of 44 years of service by Mr. McAlister to the local schools as teacher, athletic coach and Junior High School Principal. The City Attorney was directed to prepare such a proclamation. 4. Petitions: a. A motion was made byWhitson, seconded by Loveless that the petition of Sigma Nu Fraternity requesting that the zoning classification of property located at 2402 West Prairie Street be changed from the "R" Dwelling District to the "A-2" Dwelling District be referred to the Planning and Zoning Commission for its recommendation Motion carried. b. A motion was made by Loveless, seconded by Nelson that the petition of Marsh& Associates requesting that the zoning classification of property located at 901-903 North Elm Street be changed from the "A-2" Dwelling District to the "LR" Local Retail District be referred to the Planning and Zoning Commission for its recommendation. Motion carried. ~'~ c. A motion was made by Nelson, seconded by Jones that the petition of ~ John M. Roady requesting that the zoning classification of property described as City [~ lot 1, Block A of the John Roady Subdivision, located on the north side of Gordell Street ~ east of Malone Street, be changed from the 'A-2" Dwelling District for Towne Houses [') to the "A-2" Dwelling District for a Medical Clinic be referred to the Planning and Zoning Commission for its recommendation. Motion carried. d. A motion was made by Jones, seconded by Nelson that the petition of T. L. Caruthers requesting that the zoning classification of property described as City lots 1 and 2, Block 349, located on the south side of Greenlee at IH35E access and McCormick Street be changed from the "R" Dwelling District to the "LB" Local Business - District be referred to the Planning and Zoning Commission for its recommendation. Motion carried. 5. Ordinances: The following ordinances were presented: ORDINANCE NO. 67-15 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAME MAP APPLIES TO PROPERTY SITUATED ON THE SOUTH EDGE OF THE SOUTHRIDGE ADDITION ADJACENT TO 35E ACCESS ROAD, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. A motion was made by Loveless, seconded by Jones that the ordinance be adopted. On roll call vote Whitson voted "aye", Nelson voted "aye", Loveless voted "aye", Jones voted "aye", Martin voted "aye". Motion carried. ORDINANCE NO. 67-16 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS " CITY LOTS 7, 8 and 9 OF CITY BLOCK 446 AS SHOWN ON THE OFFICIAL CITY PLAT FILED IN THE CITY TAX ASSESSOR~ OFFICE, AND MORE PARTI- CULARLY DESCRIBED HEREIN; PROVIDING CERTAIN CONDITIONS; DECLARING AN EFFECTIVE DATE. A motion was made by Whitson, seconded by Jones that the ordinance be adopted. On roll call vote Nelson voted "aye", Loveless voted "aye", Jones voted "aye", Whitson voted "aye", Martin voted "aye". Motion carried. MUNICIPAL BUILDING May 9, 1967 ORDINANCE NO. 67-17 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE INHALING, DRINKING OR BREATHING OF GLUE AND CERTAIN OTHER SUBSTANCES; PROVIDING EXCEPTIONS; PROVIDING A PENALTY FOR VIOLATIONS; AND DECLARING AN EFFECTIVE DATE. A motion was made by Loveless, seconded by Jones that the ordinance be adopted. On roll call vote Nelson voted "aye" Whitson voted .... Jones voted "aye Loveless , aye , ", -- voted "aye", Martin voted "aye" Motion carried. 6. New Business: a. Mayor Martin read a letter of resignation from Mark Hannah, Chairman of the Flow Hospital Board of Managers. A motion was made by Nelson, seconded by Jones that the Council reluctantly accept the resignation and that a resolution of appreciation be prepared and presented to Mr. Hannah. Motion carried. b. A motion was made by Loveless, seconded by Whitson that the Mayor be authorized to sign the City-County Library Contract. Motion carried. c. A motion was made by Jones, seconded by Loveless that the provisians of Ordinance No. 66-43, Saction 12-19. l, "Charges For Use of the City Sanitary Land Fill," and dealing with subsections (a), (b), (c), (d) and (e) be deleted so as to omit the money charges, and the necessity of any citizen of the City of Denton to be required to produce disposal tickets or books of any kind as evidence of their subscription to city sanitary services, in order to dispose of trash and/or rubbish, except as currently applies to private commercial licensed haulers, but to contain the previously enacted ordinance as relates to charges made to non-residents of the City of Denton with a penalty provision included. Motion carried. 7. Councilman Loveless requested that the Manager-contact Mr. Marvin Springer, city planner, relative to starting work on the Master Plag as soon as possible, and to .inquire regarding foreseeable problems in opening and rerouting of Oakland Avenue. 8. A motion was made by ~ones, seconded by Loveless that a resolution be prepared changing the regular meeting time of City Gcuncil meetings from 8:30 a.m. to 7:00 p.m. on the secand and fourth Tuesday of each month, and to accept the offer of the Radio Station KDt4T to broadcast said meetings. Motion carried. A motion was then made by Nelson, seconded by Whitson that a public referendum be held relative to the change of Council meeting time. The motion failed by a vote of 2 to 3. meeting adjourned at 10:45 a.m. ~~, The CiW Secretary MUNICIPAL BUILDING May 23, 1967 Regular meeting of the City Council, City of Denton, Texas, Tuesday, May 23, 1967 at 8:30 a.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, Warren Whitson, Jr., L. A. Nelson, J. T. Jones, Jr., Marvin Loveless, City Manager, City Attorney, City Secretary. 1. A motion was made by Whitson, seconded by Jones that the minutes to include the meeting of May 9, 1967 be approved. Motion carried. 2. Bids: a. Bid No. 67-18-4 -- Miscellaneous Electrical Materials -- A motion was made by Jones, seconded by Loveless that the bids be awarded as follows as recommended by the City Manager and Public Utility Board: Items 1, 92, 100, 102, l17A, 168 through 177, 179, 181 through 182, 184 through 187, 220 through 239, 241, 242, 251 through 264, 266, 268 through 270, 273 through 279, 299 through 325, 335, 336, 338.thorough342, 353, 354, 356, 357, 378 through 384, 409, 411, 413, 442, 495, 496, 537, 541, 554, 682 through 689, 694, 695, 749 through 754, 755, 756, 758, 760, 762, 766 through ?73, 777, 779, and on draw bid Items No. 294, 295, 296, 337, 355, 376,445, 748 and' 775 awarded to Temple Electric Company; Items No. 2, 41,180, 416, 425, 428 through 433, 433G-443D, 443, 444,463I, 587, 614 through 617, 745 and 746 awarded to Westinghouse Ele~ric Company; Items No. 3 through 14, 18 through 36 38, 39 43 through 49, 51 52 54, 55, 56, 61 through 70, 75,.82,. 84, 87, 89, 90, 95, 96, 97,98,99, 105, 134, 135, 136, 143 t~rough 153, 154 through 167., 188 through 194,, 199, 200, 202, 209, 210, 215 through 219,243, 244, 245, 246, 247,249, 250, 281, 283thru293,343thru349,352,363thru 375, 385 through 389.,382, 394., 401 through 408, 423, 424: 433A-443B, 434 through 437, 441, 455, 462., 463A, B, C, D, E, F, G, H, 463J, 472 through 476., 497, 498, 513A, B, C, D, 546~, 547, 565, 568.through 570, 578through 583., 586, 632, 633, 636~through 642, 695A, 695C through 744, 27A and on drhw bid Items No. 265 and 377 awarded to Electrical Associates; Items No. 1.5, 16', 53, 71, 80, 81, 107~ 111, 114,. 130, 133, 178..6 183., 196, 197, 198, 203, 211, 212, 213, 214,267, 271, 280, 298A,B,C,D,E,F,G,H, 350, 351, 358 through 362, 395, 396A,. B,C,D,, 410, 412, 414, 415: 44'~ through454., 456~ through 461, 463, 471, 477 through 494., 512 through 513., 514, 535, 536, 538, 539, 540,542, 543, 544, 545 548 through 553,. 555 through 561, 573, 584, 585, 588 through 591., 593, 594, 595, 597 through 600,. 602 through 613C, 619, 620, 622 through 631, 634, 635~656, 657, 658, 663 through 681~ 690 through 693, 747, 757, 759, 761, 763, 764, 765, 774, 776, 778, 780 on draw bid Item No. 272 awarded to Cummins Elec~tric Company; 'Items No. }7, 3~7, 42, 8 ~ 101,. 104, 108~ 116~ l17B, 118, 119~ 121, 122, 123, 127, 129, 137 through 141~141B~ 20~, 204,206, 207, 208~ 240~ 297, 298.,328~ 362A., 393~ 399, 419, 421, 422,439,440,499 through $09~ 518 through 534., 562, 563, 592, 596, 601., 618, 621, 643., 645 through 655, 659 through 662, and on draw bid Items No. 120 and 398 awarded to Graybar Electric Co.; Items No. 36A, B, C, 40, 50, 57, 59, 60,72,73,74, 76,77,78,79, 86, 91, 93, 94, 103, , 112, 113, 117, 124, 125, 126~ 131, 132~ 142, 195, 282, 326, 327, 329 through 332, 334,1 396,387~ 400, 417, 418, 420, 464 through 470~, 515, 516, 517, 564, 566, 567~ 571, 572, 574 through 577, 644, 695B and Items No. 58 and 333 awarded to Nelson Electric Company; Items No. 36D, E ,F, 83, 88, 106, 109, 110, '390., 390A, 391, 391A., 427 and on drawbid Item No. 438 awarded to Priester Electric Company; Items No. 115, 426 awarded to Jack Tare & Company; Item No. 153A awarded to Timberland Gompany. Motion carried. b. Bid No. 64-23-5 -- Electric Power Poles -- A motion was made by Nelson, seconded by Jones to award the bid as follows as recommended by the City Manager and the Public Utility Board: Items No. 1, 2, 3, 8, 10, 11, and 12 awarded to Longview Creosoting; Items No. 6 and 9 awarded to Higgins Creosoting and on draw bid Item No, 4 awarded to Cummins and Items No. 5 and 7 to Nelson Electric Company. Motion carried. 3. Visitors: a. L.F. Powell, representing the Denton County Rural Water Supply, requeste~ a letter from the City stating that the City does not intend to serve this area for the next five (5) to ten (10) years, and the proposed water system would serve approximately 90 customers in a 16.2 squa. re mile area. Pat Roberts of the Farmers Home Administration stated that the loan for the~tater company would be furnished by his agency. Mr. lArhitson stated that the proposed system would MUNICIPAL BUILDING May 23, 1967 not meet City specificationsand that the group was asking for a forty (40) year loan. He stated that the City plans to install a water line to the new sewer plant near Mayhill. Robert Gourtney, engineer, stated that he would furnish the Council an engineering report, including location and number of customers and the size of the lines. Bruce Davis, Attorney for the group, stated that this was a non-profit group and the proposed type of water system to be installed is now being used in several lccalities in Denton County. Allen Bogan, resident of the discussed area, stated that recent tests of wells in the area~ indicated that the water was not suitable for human consumption. Mayor Martin advised that the matter would be taken up in the regular meeting of June 13, 1967. b. Dr. Ola ~ohnston, representing land owners on West Mulberry and West Sycamore, between Avenue C and Avenue D, asked that a quit claim deed be executed by the City for an alley which has not been utilized for a number of years. A motion was made by Loveless, seconded byWhitson that the matter ne referred to the Planning and Zoning Commission. Motion carried. c. Bill Lloyd and Ray Page of Rapco Plastics Corporation of Denton made a presentation relative to the use of plastic bags for City garbage collection. The matter was tabled until a full report could be received from the City Manager and the head of the Sanitation Department. d. Don Mortimore, District Manager of General Telephone Company, requested that Ordinance No. 56-55 be amended to delete requirement of fourparty lines. A motion was made by Jones, seconded by Loveless to direct the City Attorney to prepare an amend- ment to Ordinance No. 56-55 to comply with the request of General Telephone Company. Motion carried. e. David Boles, Attorney, representing J. Newton Rayzor, questioned the liability of his client as to payment for the construction of the bridge on Georgetown Drive at University Drive West. The Mayor requested the City Manager to explore this .matter and submit his finding to the Council at the meeting of June 13, 1967. ,4. Petitions: a. A public hearing was held on the petition of Mrs. George W. Garrett requesting that the zoning classification of property described as City lots 6, 7, 8, Block 354 ,located on the northwest corner of Welch and Collins Streets, be changed from the "R" Dwelling District to the "LB" Local Business District. After hearing proponents but no opposition, the matter was tabled with the suggestion that Mrs. Garretttake her petition to the Board of Adjustment. b. A motion was made by Nelson, seconded by Jones that the petition of ]'. A. Goffey requesting that the zoning classification ofproperty described as City Block 137A through 137G, entire Loma Del Rey Subdivision containing approximately 18 acres, be changed from the "R" Dwelling District to the "A-i" or "A-2" Dwelling District be referred to the Planning and Zaaing Commission for its recommendation. Motion carried. c. A motion was made by Whitson, seconded by Nelson that the petition of W. A. Grawford, et al, requesting that the zoning classification of property described as City lots 10, 11, 12, 13, 13.1;Block 446 -- located on the east side of Beaumont Street between Henry and Ross Streets -- be changed from the "R" Dwelling District to the "LB" Local Business District be referred to the Planning and Zoning Commission for its recommendation. Motion carried.. Following this motion Councilman Whitson retired from the meeting to catch a plane. 5. Resolutions: The following resolutions were presented: MUNICIPAL BUILDING May 23, 1967 AT A R, EGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 23 RD DAY OF MAY, A.D. 1967. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: that the regular meetings of the City Council shall be held on the second and fourth Tuesday of each month, at 7:00 p.m., in the Municipal Building, beginning Tuesday, June 13, 1967, and any rule or resolution to the contrary is hereby expressly repealed; provided, however, and BE IT FURTHER RESOLVED, that the regular meeting time and date may be temporarily changed, for good cause, by a vote of the majority of the Council at a meeting held in advance of the meeting to be changed, three "ayes" being required for passage, and proper notice of such change shall be published. PASSED AND APPROVED this 23rd day of May, A. D. 1967. /s/ Zeke Martin Mayor, City of Denton, Texas [-) ATTEST: ~'~ /s/ Brooks Holt City Secretary, City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/ Jack Q. Barton City Attorney, City of Denton, Texas A motion was made by Jones, seconded by Loveless that the resolution be adopted. On roll call vote Loveless voted "aye", Jones voted "aye", Nelson voted "Ncc", Martin voted"aye". Motion carried. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 23RD DAY OF MAY, A.D. 1967. RESOLUTION BE IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: On behalf of the People of the City of Denton, Texas, the Mayor and City Council hereby publicly express their sincere thanks and appreciation to Mark Hannah for his valuable and unselfish public services as a member of the Flow Memorial Hospital Board from his initial appointment by City Commission on December 8, 1958, tntil his resignation effective May 9, 1967. The said Mark Hannah, a leading and outstanding citizen of this community, who served and gave his talents as Mayor of the City prior to his appointment to the Flow Memorial Hospital Board, has served as a member thereon continuously, and was chairman thereof at the time of his resignation. The City Council and Mayor wish to express their further thanks for the tireless and outstanding services performed by this esteemed community leader, and further express their best wishes for his continued success, and only regret that such a valuable citizen is resigning from this important position. On behalf of the people he has served, the City Council and Mayor direct and order that the original of this resolution be delivered to him, the said Mark Hannah, in appreciation of'the services rendered asaforesaid. PASSED AND APPROVED this 23rd day of May, A. D. 1967. /s/ Zeke Martin Mayor, City of Denton, Texas ATTEST: /s/ Brooks Holt C, itv Secretary MUNICIPAL BUILDING May 23, 1967 APPROVED AS TO LEGAL FORM: /s/ Jack Q. Barton City Attorney, City of Denton, '[exas A motion was made by Nelson, seconded by Loveless to adopt the resolution. On roll call vote Jones voted "aye", Loveless voted "aye", Nelson voted "aye", Martin voted "aye".. Motion carried. 6. Ordinances: The following ordinances were presented: ORDINANCE NO. 67-18 ORDINANCE APPROVING CHANGE ORDER AIRPORT HANGAR A motion was made by Jones, seconded by Nelson that the ordinance be adopted. On ~oll call vote Loveless voted "aye , Nelson voted "aye", Jones voted "aye", Martin voted "aye". Motion carried. ORDINANCE NO. 67-19 DIRECTING THE DELIVERY OF TIMEL6ARRANTS IN CONNECTION WITH IMPROVING THE CITY'S AIRPORT A motion was made by Jones, seconded by Nelson that the ordinance be adopted. On roll call vote Loveless voted "aye", Nelson voted "aye", Jones voted "aye", Martin voted "aye". Motion carried. ~ ~ ORDINANCE NO. 67-20 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS, REMOVING THE CHARGES FOR USE OF THE CITY SANITARY LANDFILL BY PERSONS OTHER THAN COMMERCIAL HAULERS WHO RESIDE WITHIN THE CORPORATE LIMITS; PROVI]-)ING A PENALTY FOR USING SUCH LANDFILL BY OTHER PERSONS WHO FAIL TO PAY THE PROPER CHARGE THEREFOR, OR FOR ANY UNAUTHORIZED USE; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. A motion was made by Jones, seconded by Loveless that the ordinance be adopted. On roll call vote Nelson voted "aye", Loveless voted "aye", Jones voted "aye", Martin 'voted "aye". Motion carried. ORDINANCE NO. 67-21 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS, REQUIRING A SPECIAL PERMIT FROM THE CITY COUNCIL FOR DRILLING FOR OIL OR GAS WITHIN THE CORPORATE LIMITS OF THE CITY; DETERMIN- ING SUCH DRILLING OPERATIONS TO BE POTENTIAL FIRE HAZARDS; REQUIRING A PERMIT FOR SEISMIC OR KXPLOSIVE-TYPE EXPLORATIONS; REPEALING CON- FLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. A motion was made by Nelson, seconded by Jones that the ordinance be adopted. On roll call vote Loveless voted "aye", Jones voted "aye", Nelson voted "aye", Martin voted "aye". Motion carried. ORDINANCE NO. 67-22 AN ORDINANCE REDUCING THE LEGAL IVIAXIMUM SPEED LIMIT TO40 MILES PER HOUR ON INTERSTATE HIGHWAY 35E AND INTERSTATE HIGHWAY 35 MAIN TRAFFIC LANES FROM AVENUE D TO UNIVERSITY DRIVE (A DISTANCE OF 2.3 MILES); PROVIDING A PENALTY FOR VIOLATION THEREOF; AND DECLARING AN EFFECTIVE DATE. A motion was made by Jones, seconded by Loveless that the ordinance be adopted. On roll call vote Nelson voted "aye , Loveless voted aye", Jones voted "aye", Martin voted "aye" Motion carried. MUNICIPAL BUILDING May 23, 1967 7. A motion was made by Loveless, seconded by Nelson to authorize the installation of lighting at Bronco Field, using poles and reflectors that the'City now has in stock and supplementing with incandescent lights presently in stock. Motion carried. 8. A motion was made by LoYeless, seconded by Jones to authorize the Mayor to sign an agreement with Texas Highway Department for payment by Highway Department to the City for the safety lighting system within the municipality at a price of $42 per year for each light. Motion carried. 9. Councilman Loveless requested that the City Manager contact auditing firms interested in auditing the City's accounting system and arrange for conferences with the City Council. 10. The City Manager was requested to check traffic lighting systems at Malone Stneet and Alice Street at University Drive. 'The meeting adjourned at 11:30 a.m. M City Secretary MUNICIPAL BUILDING June 13, 1967 Regular meeting of the City Council, City of Denton, Texas, Tuesday, June 13, 1967 at -7:00 p.m. in the Municipal Auditorium. Present: MayorZeke Martin, WarrenWhitson, Jr., L. A. Nelson, J. T. Jones, Jr., Marvin Loveless, City Manager, City Attorney, City Secretary. 1. A motion was made by Loveless, seconded by Jones that the minutes to include the meeting of May 23, 1967 be approved. Motion carried. 2. Bids: a. Bid No. 67-29-6 -- Gas, Diesel and Miscellaneous Oils --A motion was mgd~ by Loveless, seconded by Jones that the bid be awarded to the low bidder as follows: Item No. 1 - Ethyl Gas -- 100 octane or better to Ben Ivey Oil Company at .12882¢ per gallon before taxes; Item No. 1- Regular Gas -- .93 octane to Continental Oil Company at . 1145¢ per gallon before taxes; Item No. 2 -~2 Diesel fuel to Caruthers Oil Company at .0875¢ per gallon delivered into storage tanks within the City of Denton; Item No. 2 - Alternate ~1 Diesel fuel delivered to dump ground at .0975¢ per gallon; Item No. 3 Motor Oil to Caruthers Oil Company at .47¢ per gallon; Item No. 4 Hydraulic Oil to Garuthers Oil Company at .46¢ per gallon; Item No. 5 - Automatic transmission fluid to G~uthers Oil Gompanyat .72~ per gallon. Motion carried. b. Bid for Contracts for Water Storage Tank Improvements -- A motion was made by Whitson, seconded by Jones that the bids be awarded as follows as recommended by Freese, Nichols and Endress and the Public Utility Board: Contract for repainting of various water tanks be awarded to Randall H. Sharpe at a low bid of $7,800 and for repair- ing, cleaning and repainting steel water storage tanks be awarded to Mid South Tank & Utilities of West Monroe, La. at a low bid of $32,08?.95. Motion carried. 3. Visitors: a. The request of Dick Lahman for a quit claim deed of a portion of Redwood Street was considered. A motion was made by Loveless, seconded by Nelson that the matter be referred to the Planning and Zoning Commission. Motion carried. b. The request of Miss Lalian Lewis requesting a quit claim deed for an alley between Houston Place and Scripture was considered. A motion was made by Whitson, seconded by Nelson that the matter be referred to the Planning and Zoning Commission. Motion carried. 32 MUNICIPAL BUILDING [une 13, 1967 c. ~. L. Ooppedge, representing the Soil Conservation Service, presented information relative to construction of two flood Control lakes in the northwest section of the City covering 287.1 acres of land. Mr. Coppedge stated that the lakes would eliminate flooding of Denton. Mr. Coppedge further stated that the City must furnish easements for these lakes and that the government ~oUtd~handle the remainder. He pointed out that if the City agrees to participate and later finds that it can not continue its plans, the time for approval can be extended, or if the City agrees to participate and finds later that it can not do so, nothing can bind the City. The Mayor advised that the Council would consider the matter and at a later date would meet with the Soil Conservation Service to explore the matter further. d. Mr. Bob Ash, representing Acme Brick and Leland Carter, representing Southwestern Gas Pipeline Company, requested a permit to construct a gas pipeline to the Acme Brick Company in Denton with no expense involved for the City of Denton. The Mayor advised that the Council would discuss the matter at length and notify them of the decision. e. Mr. ~oe ~agoe requested an:amendment ~to the change of zoning ctassificatior ordinance that would require a masonry fence to be constructed on the north side of Woodland Street between North Elm and North Locust. Mr. Iagoe stated that Safeway Stores are now constructing a building in this area and does not own the property north of Woodland He suggested that the company be allowed to construct a fence of same type on the south side The Mayor advised that the matter would be placed on the agenda for the Council meeting of ~une 27. f. Mr. Ed [. Williams, Business Manager of TV~U, requested permission for five parking spaces for 10 minutes each, without meters, on the east side of Bell Avenue at the Union Building for a period of approximately 18 months. A motion was made by Loveless, seconded by [ones that the request be authorized with TWU to do the necessary painting on the curb. Motion carried. 4. Petitions: a. A p.ublic hearing was held on the petition of Walter T. Moreland, et al, requesting that the zoning classification of property described as City lots 3, 4, 5, 6, 7, 8, 10, il, 12, 13,14, 15, 17, 18, 19, 20, 21, 22, 23; Block 420 -- boundedby Bolivar Street on the west, North Elm Street on the east, College Street on the north and Third Street on the south -- be changed from the "D" Dwelling District to the "A-l" Dwelling District. After hearing proponents but no opposition, a motion was made by Loveless, seconded by Nelson that the petition be approved. Motion carried. b. A motion was made by Nelson, seconded by Loveless that the petition of W. A. Barker requesting that the zoning classification of property described as City lots l, 2, 3, 4, 5, 6, 7, 8, Block 261--located on East Sycamore, south of Trinity Steel and east of the MKT railroad tracks be changed from the "A--2" Dwelling District to the "HI" Heavy Industrial District be referred to the Planning and Zoning Commission for its recommendation. Motion carried. c. A motion was made by Loveless, seconded by Nelson that the petition of W. ~. Moore requesting that the zoning classification of property described as City lots 1 and 17, Block 307 -- located at 303 and 305 West Prairie-be changed from the "R" Dwelling District to the "LB" Local Business District be referred to the Planning and Zoning Commission for its recommendation. Motion carried. 5. Resolutions: The following resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD tN THE MUNICIPAL BUILDING OF SAID CITY ON THE t3TI-I DAY OF IUNE, A.D. 1967. MUNICIPAL BUILDING June 13, 1967 RESOLUTION WHEREAS, the City of Denton now has in operation certain utility lines and appurtenances, along Interstate Highway No. 35Eat Denton, Texas; and WHEREAS, the City of Denton has been requested by officials of the Texas Highway Department to reroute or relocate such lines at the said location; and WHEREAS, the City of Denton has received the Bureau of Public Roads Policy and Procedure Memorandum concerning Reimbursement for Utility Work; and WHEREAS, the City of Denton wishes to complete the work requested by the State Highway Department in such a manner as to be eligible forreimbursement of costs; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, that Zeke Martin, Mayor of the City of Denton, Texas, be and he is hereby authorized to sign all necessary papers in connection with the aforesaid work. PASSED AND APPROVED this 13th day of June, A. D. 1967. /s/ Zeke Martin ATTEST: Mayor, City of Denton, Texas /s/ Brooks Holt City Secretary, City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/~ack Q. Barton City Attorney, City of Denton, Texas .A motion was made byWhitson, seconded by Loveless that the resolution be adopted. On roll call vote Nelson voted "aye", Iones voted "aye", Loveless voted "aye", Whitson voted "aye", Martin voted "aye". Motion carried. 6. ©rdina nc e s: The following ordinance was presented: AN ORDINANCE AMENDING ORDINANCE PASSED NOVEMBER 13, 1956 ESTABLISHING A SCHEDULE OF RATES AND CHARGES WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON, TEXAS, FOR LOCAL EXCHANGE TELEPHONE SERVICE. A motion was made byWhitson, seconded by ~ones that the ordinance be adopted. On roll call vote Nelson voted "aye", Jones voted "aye", Loveless voted "aye", Whitson voted "aye", Martin voted "aye". Motion carried. 7. The Council considered the request of Dr. Ola ~ohnston, et al, requesting a quit claim deed for property between West Sycamore and West Mulberry and Avenue C and Avenue D. A motion was made by Whitson, seconded by Nelson that the Mayor be authorized to sign the quit claim deed as recommended by the Planning and Zoning Commission. Motion carried. 8. Mr. Harry Down, developer and David Boles, attorney, representing J. Newton Rayzor, requested a refund for construction of a bridge on Georgetown Street at University Drive West. Mr. Boles and Mr. Down stated that the bridge was not on Mr. Rayzor's property, but on highway right of way. Following considerable discussion, the Mayor stated that no action would be taken at this time and that further study and investigation would be made by the Council. MUNICIPAL BUILDING June 13, 1967 9. The City Managerread a letter from Howard Gentry, Business Manager of Selwyn School, requesting the use of a lift station which the City has available from the North- wood Addition. The Manager stated that the lift station was available and that the Selwyn School would bear the cost of the connection. He further stated that septic tanks in that area did not handle sewage properly. Mr. Reynolds further stated that Setwyn School does make a contribution to the City and the area, and the school is a non-profit organization. A motion was made by Loveless, seconded by Jones to approve the request of Selwyn School, with the school to pay the cost of the lines involved. Motion carried. 10. Robert Courtney, Engineer, and L. F. Powell presented additional information relative to a possible water system within the territorial jurisdiction of the City of Denton. The Mayor stated that the Council needs the opinion of the City Engineer and the City Manager before a definite answer can be given. The City Manager stated that the City was interested that these people obtain adequate water but there are technical problems which must be resolved, and it is difficult for the City to state it will not annex any of this area within the next five or ten years. 11. A petition was presented for paving of Kendolph Drive from Wilshire to IH35E. A motion was made by Loveless, seconded by Nelson to include this request in the present assessment program when the property owners have submitted the necessary requirements. Motion carried. 12. The Mayor read a proposal from Peat, Marwick, Mitchell and Company, certified public accountants of Dallas, Texas, relative to auditing the financial statements of the City of Denton. A motion was made by Loveless, seconded by Nelson that the Mayor be authorized to sign a contract with said firm. Motion carried. 13. A motion was made by Loveless, seconded, by Nelson that Mr. DorcellYoung be appointed to the Flow Hospital Board of Managers to replace Mr. Mark Hannah. Motion carried. 14. Councilman Loveless referred to the blocking of East McKinney and East Hickory Street by trains and suggested that a study be made for an underpass at the tracks on East McKinney Street. A motion was made by Loveless, seconded by Nelson that the Council instruct the City Manager to immediately arrange a meeting between the Council and the proper officials of the Texas and Pacific Railway to consult about the construction of an emergency, low water underpass at the crossing of East McKinney Street and the railway, asking the City Attorney and the City Engineer to be present at this meeting, and also to immediately make a request of the State Highway Department for aid in the construction of such an underpass. Motion carried. 15. Mr. Noble Holland, resident of East Denton,inquired as to the progress of paving in that area. The City Manager advised that Ruth, Lakey, East Oak, East Hickory and Wood were scheduled to be paved. The Mayor advised Mr. Holland that the City plans to sell bonds this coming fall to complete the work on the drainage ditches and bridges in southeast Denton and the drainage of McCormick Street. The meetingadjournedat 9:45p.m. City Secretary 36 MUNICIPAL BUILDING June 27, 1967 Regular meeting of the City Council, City of Denton, Texas, Tuesday, June 27, 1967 at 7:00 p.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, WarrenWhitson, Jr., L. A. Nelson, J. T. Jones, Jr., City Manager, City Attorney, City Secretary. Absent: Councilman Marvin Loveless 1. A motion was made by Whitson, seconded by Jones that the minutes to include the meeting of June 13, 1967 be approved. Motion carried. 2. Bids: a. Bid No. 67-28-6 -- Pumper Fire Truck --A motion was made by Whitson, seconded by Nelson that the bid be awarded to Fire Control Engineering Company for a Mack truck at a low bid of $25,695, with trade, on the recommendation of the Fire Chief and the City Manager. Motion carried. b. Bid No. 67-30-6 --- Mechanical Joint Cast Iron Fittings and Tapping Sleeves -- A motion was made by 'Whitson, seconded by Nelson that the bid be awarded as follows: Items 1-113 - Mechanical Joint Fittings to Trans-Tex Supply Company at an overall low bid and items 1-1$ - Tapping Sleeves to Bowles & Edens at an overall low bid. Motion carried. c. Bid No. 67-31-6 -- Water Meters --A motion was made byWhitson, seconded by Nelson be awarded as follows: Items 1-4 to Badger Meter Company on a low bid. Motion carried. d. Bid No. 67-32-6 --. Clay Pipe & Fittings -- A motion was made by Jones, seconded by Nelson that Items 1-23 be awarded to Can-Tex Industries on an overall low bid. Motion carried. e. Bid No. 67-33-6 -- Brass Goods and Couplings -- A motion was made by Whitson, seconded by Nelson that the bid be awarded as follows to low bidders: Items 1 through 5, 12 through :14, 19, 20, 25, 26 to Bowles and Edens; Items 6 through 11 to James Jones Company; Items 15, 16, to Bailey Meissner; Items 21, 22, 23, 24, 27 through 40, 72 through 129 to Trans-Tex Supply; Items 44 through 71 to Mueller Company; and on a draw bid Items 17 and 18 to Bowles & Edens Supply. Motion carried. f. Bid No. 67-34-6 -- Cast Iron Pressure Pipe--A motion was made by Jones, seconded by Nelson that Items 1-5 be awarded to Pioneer Supply Company on a low bid. Motion carried. g. Bid No. 67-35-6 -- Fire Hydrants and Valves -- A motion was made by Jones, seconded by Whitson that bids be awarded as follows: Items 1 and 2 to Trans-Tex S. upply and Items 3 through 12 to Bowles & Edens Supply. Motion carried. h. Bid No. 67-36-6 -- Tapping Saddles for Concrete Pipe -- A motion was made by Whitson, seconded by Jones that the bids be awarded as follows: Items 1 through 28 be awarded to Gifford-Hill-American, Inc. Motion carried. i. Bid No. 67-37-6 -- Misc. Water and Sewer Items --A motion was made by Jones, seconded by Nelson that the bids be awarded as follows: Items 6, 7, 8, 10, 15, 16, 17, 19, 20 and 21 to Bailey Meissner; Items 1, 3, 4, 5, to Bowles & Edens Supply Company; Item 11 to James Jones Gompanyand Items 2, 9, 12, 13, 14, 18 and 22 to Trans-Tex Supply on low bids. Motion carried. 4. Petitions: a. A public hearing was held on the petition of T. L. Caruthers requesting that the zoning classification of property described as Lots 1 and 2, Block 349 -- located on the south side of Greenlee at. IH35E Access and McCormick Street -- be changed from the "R" Dwelling District to the "LB" Local Business District. Since Jack Gray, attorney for the petitioner, and the petitioner were not present, a motion was made by Nelson, seconded by Jones to continue the public hearing until the next regular Council meeting. Motion carried. MUNICIPAL BUILDING June 27, 1967 b. A public hearing was held on the petition of Sigma Nu Fraternity requesting that the zoning classification of property described as City lot 10, Block 14, 2402 West Prairie Street be changed from the "R" Dwelling District to the "A-2" Dwelling District. After hearing proponents but no opposition,theHmblic hearing was closed. A motion was made by Nelson, seconded by [ones that the petition be approved as recommended by the Planning and Zoning Commission. Motion carried. c. A public hearing was held on the petition of ~ohn M. Roady requesting tka t the zoning classification of property described as City lot 1, Block A of the John Roady Subdivision, located on the north side of Cordell Street east of Malone Street, be changed from the "A-2" Dwelling District for Towne Houses to the "A-2" Dwelling District for a Medical Clinic. After hearing proponents but no opposition, a motion was made by Nelson, seconded by ~ones that the petition be approved as recommended by the Planning and Zoning Commission. Motion carried. d. A motion was made by Nelson, seconded by Jones that the petition of C. C. Smith, et al, requesting that the zoning classification of property described as City lot 5, Block 4076, located on Highway 77 on the south side, be changed from the "R" Dwelling District to the "A-i" Dwelling District be referred to the Planning and Zoning Commission. Motion carried. ~ 5. Ordinances: The following ordinances were presented: ORDINANCE NO. 67-24 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAME MAP APPLIES TO PROPERTY SITUATED ON BOLIVAR STREET ON THE WEST, NORTH ELM STREET ON THE EAST, COLLEGE STREET ON THE NORTH AND THIRD STREET ON THE SOUTH, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. A motion was made byWhitson, seconded by Nelson that the ordinance be adopted. On roll call vote Iones voted "aye", Nelson voted "aye", Whitson voted "aye", Martin voted "aye". Motion carried. ORDINANCE NO. 67-25 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN STREETS DESIGNATED IN THE CITY OF DENTON, TEXAS. A motion was made by Whitson, seconded by Ion, es that the ordinance be adopted. On roll call vote Nelson voted "aye", [ones voted "aye', Whitson voted "aye", Martin voted "aye'". Motion carried. 6. New Business: a. The Council considered the recommendation of the Public Utility Board asking that the Council write a policy stating opposition to any and all future requests . to divert water from Garza-Little Elm watershed. The City Manager was directed to draw up such a policy for possible adoption., by the Council. -- b. The Council discussed the recommendation of the Public Utility Board concerning increasing the penalty for shooting out street lights. The Mayor stated that this matter would be taken under advisement and he requested the City Manager compile statistics on past losses. c. Mrs. Ruth Webb, Iohn Thomas and Dr. David Thomas, Parks and Recreation Board members, reported that plans for the proposed library expansion must be presented to the State Library Board in Austin prior to Iuly 1, 1967 in order to obtain State matching funds. Dr. Thomas stated that Denton has been assured of $100,000 and a possible $120,000 from the State Library Board and recommended that the plans presented be accepte~ and phase 3 be finalized. He also recommended that Leonard Ehrler, Director of Parks and Recreation, be permitted to hand carry the approved library plans to the State Board in Austin. MUNICIPAL BUILDING June 27, 1967 At this point and referring to Oakland Ave, R. C. Storrie, 1205 Emerson, stated that the City could not build a building across a street if abutting property owners objected. City Attorney, Jack Barton, added that 'the City of Denton was the adjacent property owner and he could seeno objections there. GouncilmanVffhitson requested that the matter of Oakland Avenue be settled. He added that he felt the matter should be put to a vote of the people. Nelson suggested that the library contract be settled first and that Oakland Avenue. problem could be settled later. A motion was made by Nelson, sec. onded by Whitson to approve the library plans as submitted. Motion carried. d. A motion was made by Nelson to appoint Joe Skiles, Raymond Pitts and Clayton Atkins to the Board of Equalization for a one year term. Before the motion was seconded objections were expressed by Paul Rogers. The motion was then seconded by Whitson and carried unanimously. e. Mr. J. W. Peckharn, who owns property on Sherman Drive adjacent to the City limits, requested permission to~i e on to the City water mains at his own expense. A motion was made by Jones, seconded by Nelson to grant this request for the extension, with installation to be under the supervision of the City Manager. The meeting adjourned at 9:00 p.m. City Secretary Special meeting of the City Council, City of Denton, Texas, Thursday, June 29, 1967, at 10:00 a.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, Warren Whitson, Jr., J. T. Jones, Jr., Marvin Loveless, City Manager, City Attorney, City Secretary. Absent: Councilman L. A. Nelson 1. A special meeting was called to discuss the bid for the proposed new municipal building. The Manager stated that Cain & Cain, Inc. was the low bidder without including the cost of paving the parking area and 1,600 yards of carpeting. A motion was made by Loveless to postpone the awarding of the contract until a survey with the architects to ascertain if the old Post Office Building and the present Municipal Building could be utilized. The motion died for lack of a second. A motion wa s then made by Jones, seconded by Whit son that the Municipal Bu~l~li~g be accepted and the Mayor be authorized to sign a contract with ~fn ~ ~n, f~.~ p~s ~94,500 for the E.O.C., $1,300 for clay tile floor and $2,950 for wooden sticks onburlap cloth, but to eliminate the covered walk south entrance. The motion carried 3 to 1 with Loveless voting no. The meeting a djournedat ll:t8a.m. ~~ City Secretary MUNICIPAL BUILDING ~ Iuly 11, 1967 Regular meeting of the City Council, City of Denton, Texas, Tuesday, ~uly 11, 1967 at 7:00 p.m. in the MuricipalAuditorium. Present: Mayor Zeke Martin, Warren Whitson, ~r., L. A. Nelson, I. T. ]ones, Marvin Loveless, City Manager, City Attorney, City Secretary, Director or Community Development. 1. A motion was made by Nelson, seconded by Iones that the minutes to include the the meeting of June 27 and the special meeting of ~une 29, 1967~be approved. Motion carried. 2. Visitors: a. Mr. Burnette Henry, Vice President of Acme Brick Company, read a state- ment relative toAcme's position on the request of Southwestern Gas Pipeline, Inc. for a permit to cross City streets in Denton in order to deliver gas to the Acme Brick Company plait in Denton. Mr. Henry was followed by Leland Carter, Vice President of Southwestern Gas Pipeline, Inc., who also read a statement. Mr. ~ohn Perryman, Director of Area Development of Lone Star Gas Company, followed with a statement from his company. Mr. Perryman asked Mr. Neil Parrott, Chief Engineer of Lone Star Gas, to answer a question by Councilman Whitson concerning the probable yearly rate increase for Lone Star Gas customers in Denton if the Acme Brick account was lost. Mr. Parrott stated it would average $3.50 per year per customer. (The written statements of the above mentioned men are filed in packet 4588 of the official files of the City of Denton.) The Mayor advised that the Council would make a decision on the request of Southwestern Gas Pipeline, Inc. and give all parties concerned a complete report. b. Dr. Ector Roberts, representing the Denton American Legion Post, asked the Council the following questions relative to a sett].ement agreement between the City and the Legion: (1) Would a new American Legion building location be suitably zoned by the City? (2) If the American Legion building is constructed in the City limits, would the City extend utilities to the building site without cost to the American Legion? (3) Could th~ American Legion property be tax free for a period of 15 years? A motion was made by Loveless, seconded by Whitson to authorize the Mayor to sign an agreement with the American Legion for a settlement of $50,000 for the present Legion Hall in the Civic Center, with the provision that when a site is located by the Legion for a new building, a Council decision could be made on the overall request. Motion carried. 3. Petitions: a. A public hearing was held on the petition of T. L..Caruthers requesting that the zoning classification of property described as City lots 1 and 2, Block 349 -- located on the south side of Greenlee at IH35E access and McCormick Street -- be changed from the "R" Dwelling District to the "LB" Local Business District. After hearing proponents, including a sworn statement by Wallace Sparkman real estate bro]~er, and opponents, the Mayor closed the public hearing. After considerable discussion, a motion was made by ~ones,s~conded by Whitson to table the petition until the next regular meeting in order to inspect the plans of the station and proposed fencing in the rear of the station. Motion carried with Loveless abstaining. b. A public hearing was held on the petition of the City of Denton requesting that the zoning classification of property described as City lots 6 and 7, Block 3031B -- - ~ west of the Santa Fe railroad tracks -I located on the south ,,and north sides of Airport t{oact, ' n ed from the 'R" Dwelling District to the "LI" Light Industrial District. The Mayor be cha g . opened the public hearing and relinquished the Chair to Dr. Hugh Ayer, Chairman of the Planning and Zoning Commission, who called the meeting to order. 0 MUNICIPAL BUILDING Julse 11, 1967 After review of the petition and discussion with no opposition, a motion was made by Martino, seconded by LaRue to approve the petition and so recommend to the City Council. Motion carried. The Planning and Zoning Commission was adjourned. The Mayor took the Chair and closed the joint hearing. A motion was made by Jones, seconded by Loveless to approve the petition as recommended - by the Planning and Zoning Commission. Motion carried. 4. Ordinances: The following ordinances were presented: ORDINANCE NO. 67-26 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS LOT i OF BLOCK A OF THE JOHN ROADY ADDITION TO THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. A motion was made by Whitson, seconded by Jones to adopt the ordinance. On roll call vote Loveless voted "aye", Nelson voted "aye", Jones voted "aye", Whitson voted "aye", Martin voted "aye" Motion carried. ORDINANCE NO. 67-27 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME 'WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAME MAP APPLIES TO CERTAIN PROPERTY KN OWN AS LOT l0 OF BLOCK 14 OF OWSLEY PARK ADDITION SHOWN ON THE OFFICIAL PLAT FILED IN THE DENTON COUNTY CLERK'S OFFICE, AND MOREPARTIGULARLY~ DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. A motion was made by Whitson, seconded by Jones to adopt the ordinance. On roll call vote Loveless voted "aye", Nelson voted "aye", Jones voted "aye", Whitson voted "aye", Martin voted "aye". Motion carried. ORDINANCE NO. 67-28 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWN AS cITY LOTS 6 and 7 OF CITY BLOCK 3D.3'lB AS SHOWN ON THE OFFICIAL CITY tVIAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. A motiorl~was made by Whitson, seconded by Jones to adopt the ordinance. On roll call vote Loveless voted "aye", Nelson voted "aye" ,Jones voted "aye", Whitson voted "aye", Martin voted "aye". Motion carried. 5. The request of Mr. Richard Lahman for a quit claim deed of the dead end of Seminole Street east of Redwood.was considered. A motion was made by Loveless, seconded by Jones to authorize the Mayor to sign the quit claim deed with the following conditions: (1) Subject to an easement (2) Replacement of curb and gutter on Redwood Street by the property owner. Motion carried. MUNICIPAL BUILDING ~uly 11 1967 , 6. The Council considered the request of Roland Laney, architect, speaking for Luby's Cafeteria, requesting permission fora 3 inch water line to the cafeteria. A motion was made by Nelson, seconded byWhitson that the request be denied as recommend by the Planning and Zoning Commission. Motion carried. 7. Marion Smith, Scoutmaster of Tl~op 65, accompanied by other scout representatives asked that theirscout troop hut be moved to another city park. The Mayor stated that the Council would like to meet with scout representatives and members of the Parks and Recreation Board to work out problems involved in the moving of all three scout huts from the Civic Center Park. . 8. Councilman Whitsonasked ~racfforib/the Council on the proposed Central Bt~siness District plan. The l~Iayor requested the City ~4anager to contact interested persons so 'that some definite plan could be formulated and action taken. The meeting adjourned at 9:15 p.m. City Secretary MUNICIPAL BUILDING July 25, 1967 Regular meeting of the City Council, City of Denton, Texas, Tuesday, July 2S, 1967, at 7:00 p.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, Warren Whitson, Jr., L.A. Nelson, J.T. Jones, Jr., Marvin Loveless, City Manager, City Attorney, Director of Community Development, Director of Public Works, Administrative Secretary. 1. A motion was made by Jones, seconded by Whitson that the minutes to include the meeting of July 11, 1967, be approved. Motion carried. 2. Mayor Martin stated the Council's appreciation to KDNT Radio Station for the free radio broadcast of the Council meetings. 3. Bids: a. Bid No. 67-40-7--Chemicals--A motion was made by Whitson, seconded by Nelson that the bid be awarded, as recommended by the City Manager, as follows: Items 1, 3, and 9--McKesson and Robbins; Item 2, 5, and 6--Thompson-Hayward; Items 4 and 8-- Van Waters and Rogers; Item Il--Stauffer Chemical; Item 7--Texas Lime Company and on a draw bid; Item 10--Austin White Lime Company. Motion carried. b. Bid No. 67-41-7--Cement only--A motion was made by Loveless, seconded by Jones that the bid be awarded to Gifford Hill & Company at a low bid of $3.62 per barrel as recommended by the City Manager. Motion carried. c. TWU Relief Sewer--Contract No. 67-39-7--A motion was made by Loveless, seconded by Jones, that the bid be awarded to Elm Fork Construction Co. at a low bid of $58,228.96 as recormnended by the Public Utility Board and the City Manager. Motion carried. r d. Bid for Water Line Relocation--Interstate Highway 35E--A motion was made by Loveless, seconded by Whitson to accept the bid of Elm Fork Construction Co. at a i low bid of $20,600.20 as reco,m~ended by Public Utility Board. Motion carried. e. Bid on High Service and Raw Water Pumping Units--Contract No. 67-38-7--A motion was made by Whitson, seconded by Jones that the bid be awarded to Elm Fork Company at a low bid of $31,560 as recommended by the Public Utility Board. Motion carried. MUNICIPAL BUILDING July 25, 1967 4. Petitions: a. Mayor Martin annom~ced that the petition of J.A. Coffey requesting that the zoning classification of property described as all of City Blocks 137A to 137E in the Loma Del Rey Subdivision be changed from the "R" Dwelling District to the "A-i" Dwelling District had been withdrawn by Mr. Coffey. Bruce Davis, attor~ey for citizens opposing the petition, came before the Council to ask if Mr. Coffey could reopen the public hearing at a later date without the property owners in the area being renotified. Jack Barton, City Attorney, stated that the petitioner could reopen the hearing within a reasonable period of time. Councilman Whitson stated .that in the past a reasonable length of time had been considered 30 days, and if Mr. Coffey did not come before the Council within that time period the matter would be considered closed. Jack Barton, City Attorney, stated that the City Council could take note of the people present to oppose the petition; and, if this request should be resubmitted, the decision could be made with this factor in mind. Jack Anderson, 504 Chisholm Trail, stated that many people in the area had postponed their vacations and returned from vacations early to be present at this hearing, and he felt a more definite decision was necessary so that the request would not come before the City Council when many property owners would be out of town. (Approximately 45 people were present to oppose the petition.) Mayor Martin stated that Mr. J.A. Coffey had indicated he had decided to accept the decision of the Planning and Zoning Conmission to deny the petition. b. A public hearing was held on the petition of Marsh & Associates requesting that the zoning classification of property described as City lots 5 and 6, Block 423, 901-903 North Elm Street, be changed from the "A-2" Dwelling District to the "LB" Local Business District. Mr. Carnie Marsh appeared to speak for the petition. He stated that the decision of the Planning and Zoning Commission was to deny the petition on the basis of spot zoning. He felt that this could not be spot zoning since Terrill Wheeler's business was located next to this property and it was already zoned "LR" Local Retail. He pointed out that the type of business he planned for this property would be low in traffic and plenty of parking spaces would be available. Several property owners of the area were present to support Mr. Marsh's presentation. Mr. Marsh said that Mount Miller, Architects, had been employed to construct the business and they would decide whether to build a new structure or remodel an old structure for the business. He assured the Council that the business structure would be desirable to the area. No one was present to speak agains't the request. A motion was made by Jones, seconded by Loveless that the petition be approved. Motion carried. c. A public hearing was held on the petition of Mrs. W.J. Moore request- ing that the zoning classification of property described as City lots 1 and 17, Block 307, 303, and 305 West Prairie, be changed from the "R" Dwelling District to the "LB" Local Business District. Mrs. W.J. Moore stated that she was representing her husband, who is critically ill. She said he had owned and operated a business on this property for 17 years--12 years of this time the property was zoned for business and when the Zoning Ordinance was adopted this property became a non-conforming use. Mr. Loveless questioned the type of business the prospective buyer for the property planned to open. Mrs. Moore stated that it would be a storage space for janitorial supplies. A motion was made by Nelson, seconded by Jones that the petition be tabled, and Mrs. Moore and the prospective 'buyer meet with Jack Barton, City Attorney, to dis- cuss the possible uses for the property without the zoning change. Motion carried. MUNICIPAL BUILDING 4 July 25, 1967 d. A public hearing was held on the petition of W.A. Barker, et al, requesting that the zoning classification of property described as City lots 1, 2, 3, 4, $, 6, 7, 8, Block 261, located on East Sycamore, south of Trinity Steel and east of the MKT railroad tracks be changed from the "A-2" Dwelling District to the "HI" Heavy Industrial District. Mr. Barker, representing Trinity Steel Company, appeared to speak for the petition. He stated that in order for his company to expand this zoning change was necessary. He also stated that the company had purchased three acres of land adjacent to the property now owned by Trinity Steel and that a new building would be constructed on the property. A motion was made by Loveless, seconded by Jones that the petition be approved as reconmended by the Planning and Zoning Co~nission. Motion carried. e. The public hearing was continued on the petition of T.L. Caruthers requesting that the zoning classification of property described as~City lots 1 and 2, Block 349--located on the south side of Greenlee at IH 35E Access and McCormick Streets--be changed from the "R" Dwelling District to the "LB" Local Business District. This petition was tabled at the meeting of July 11, 1967, in order for the Council to inspect the plans of the proposed station and fencing in the rear of the station. After considerable discussion, a motion was made by Jones, seconded by Nelson that the petition be approved. Motion carried. f. A motion was made by Whitson, seconded by Nelson that the petition of David Brown requesting that the zoning classification of property described as City lot 6, Block 4021, located on the northwest corner of Sena and Gober Streets, be changed from the "R" Dwelling District to the "A-2" Dwelling District be referred to the Planning and Zoning Commission for its recommendation. Motion ~arried. 5. Resolutions: The following resolutions were presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 25TH DAY OF JULY, A. D. 1967. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: that Zeke Martin, Mayor of the City of Denton, is hereby authorized to sign and execute that certain joint pole use agreement by and between the City of Denton, Texas and General Telephone Company of the Southwest, a copy of which is attached hereto. PASSED AND APPROVED THIS 2STH DAY OF JULY, A. D. 1967. /s/ Zeke Martin Mayor, City of Denton, Texas ATTEST: /s/ Brooks Holt City Secretary, City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/ Jack Q. Barton City Attorney, City of Denton, Texas A motion was made by Loveless, seconded by Jones that the resolution be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Jones voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 25TH DAY OF JULY, A. D. 1967. RESOLUTION WHEREAS, it is contemplated that the City of Denton, Texas will construct certain sewage treatment facilities with an estimated total cost of $907,230.00; and WHEREAS, it is found that the City of Denton, Texas is unable to provide the total cost of such improvements; and 4 MUNICIPAL BUILDING July 25, 1967 WHEREAS, it is deemed necessary and proper to apply for a federal grant under the Federal Water Pollution Control Act, Public Law 660, as amended, in order to have sufficient funds to complete these much needed improvements; now therefore. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS that Zeke Martin, Mayor of the City of Denton, be and is hereby authorized and directed to make application and sign the neces- sary documents required to complete the project on behalf of the City of Denton, for a federal grant under Public Law 660, as amended; to be applied to the cost of the construction of said sewage facilities. The City of Denton hereby agrees that if a federal grant for the pro~j, ect is made pursuant to the Federal Water Po~ln~io~-Con.trot A~t,~ the City will pay the remaining costs of the approved projects. PASSED AND APPROVED THIS 25TH DAY OF JULY, A. D. 1967. /s/ Zeke Martin Mayor, City of Denton, Texas ATTEST: /s/ Brooks Holt City Secretary, City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/ Jack Q. Barton City Attorney, City of Denton, Texas A motion was made by Jones, seconded by Loveless that the resolution be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Jones voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. AT A REGULAR MEETING OF TH~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 25TH DAY OF JULY, A. D. 1967. RESOLUTION WHEREAS, the City of Denton, Texas, has constructed certain sewage transmission and treatment facilities at a total cost of approximately $ 296,240.00; and WHEREtS, the City of Denton, Texas is unable to provide the total cost of such improvements; and WHEREAS, it was deemed necessary and proper to apply for federal grant under the Federal Water Pollution Control Act, Public Law 660, as amended, in order to have sufficient funds to complete these much needed improvements; NOW, THEREFORE, BE IT RESOLVED BY' THE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS THAT Zeke Martin, Mayor of the City of Denton be and is hereby authorized and directed to execute and sign the necessary documents required to complete the project on behalf of the City of Denton, for a federal grant under Public Law 660, as amended; to be applied to the cost of the construction of said sewage facilities. The City of Denton hereby agrees that if a federal grant for the project is made pursuant to the Federal Water Pollution Control Act, the City will pay the remaining costs of the approved project. PASSED AND APPROVED THIS 25TH DAY OF JULY, A. D. 1967. /s/ Zeke Martin Mayor, City of Denton, Texas ATTEST: /s/ Brooks Holt City Secretary, City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/ Jack Q. Barton City Attorney, City of Denton, Texas MUNICIPAL BUILDING July 25, 1967 A motion was made by Jones, seconded by Loveless that the resolution be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Jones voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. 6. Unfinished Business: a. The request of J. Newton Rayzor for payment of a bridge, which was constructed by H. W. Down Construction Co., at the intersection of Georgetown Street and University Drive was considered by the Council. After considerable discussion, a motion was made by Jones that Mr. Rayzor be reimbursed in the amount of $6,980.60 for the bridge and that this amount be credited to Mr. Rayzor's paving assessment account for the following reasons: (1) no portion of this Georgetown Street Bridge is constructed upon nor adjoins the property of J. Newton Rayzor, (2) application for the permit to construct the bridge was made by and in the name of the City of Denton to the Texas Highway Department, (3) construction of the bridge was in accordance with the permit issued to the City of Denton by the Texas Highway Depart- ment, and, (4) it was made clear to the City of Denton in behalf of J. Newton Rayzor, that prior to the construction of the bridge, during its construction and to date, he in no. way considered it his obligation to pay for the costs of construction nor did he in any way or at any time consider this construction to be a donation to the City of Denton, he accordingly now submits this bill to the City of Denton for the construction of the Georgetown Street Bridge. Mr. Loveless seconded the motion, Loveless, Jones, and Martin voted "aye". Whitson and Nelson voted "no". b. Mayor Martin had appointed Mr. Jones and Mr. Nelson to a committee to make recommendations to the Council for appointees to the Boards and Commissions. A motion was made by Jones, seconded by Nelson that these members be appointed to the following Boards and Commissions: PLANNING & ZONING CO~ISSION BOARD OF ADJUSTMENT Fred Freeman New Appointee Paul Voertman Reappointed Jack Browder Reappointed Dr. Ruth Anderson New Appointee Robert Speake New Appointee Bill Utter Reappointed' FLOW MEMORIAL HOSPITAL BOARD AIRPORT ADVISORY BOARD New Appointments are made 10-10 Ray Hunt New Appointee Rex Cauble New Appointee Harold Buckler New Appointee CIVIL SERVICE COF~4ISSION PARKS & RECREATION BOARD George Hopkins, Jr. Reappointed Quinby Self New Appointee Wayne Swick Reappointed Jake Cravens New Appointee Mrs. Wm. M. Johnson Reappointed Motion carried. Following is a current list of Board Members with date of appointment and expiration term: APPOINTED BOARD M~MBERS: DATE APPOINTED EXPIRATION AIRPORT ADVISORY BOARD Dr. Richard Ragsdale 3-10-64 6-30-68 Harwell Shepard 3-10-64 6-30-67 Oran Crouch 1-11-66 6-30-67 Ralph Higgins 4-26-66 6-30-68 Ray Hunt 6-30-67 6-30-69 Rex Cauble 6-30-67 6-30-69 Harold Buckler 6-30-67 6-30-69 BOARD OF ADJUSTMENT Dr. Mary Evelyn Huey 6-26-62 6-30-68 Paul Voertman 12-8-64 6-30-69 Ymrr ay Kendr ick 6-26-62 6-30-68 Dr. Ruth Anderson 6-30-67 6-30-69 Bill Utter 6~28-63 6-30-69 BOARD OF EQUALIZATION Joe Skiles 6-30-68 Raymond Pitts 6- 30- 68 Clayton Atkins 6-30-68 MUNICIPAL BUILDING July 25, 1967 APPOINTED BOARD MEMBERS: DATE APPOINTED EXPIRATION CIVIL SERVICE CO~ISSION George Hopkins, Jr. 6-28-63 6-30-69 Wayne Swick ~-!3-62 6-30-69 Ed J. Williams 7-18-59 6-30-68 FLOW MEMORIALHOSPITAL BOARD Dorcell Young 6-13-67 10-10-69 Tom Noel 4-24-62 10-10-71 Dr. Charles Saunders 3-Z3-67 10-10-67 John M. Brooks (Joint City-County) 10-10-71 HOSPITAL BOARD CO UNTYAPPOINTEES H. Smith 10-10-67 J.L. Huffines 10-10-69 Mrs. Paul Simpson 10-10-71 PARKS & RECREATION BOARD John Thomas 5-24-62 6-30-68 Mrs. William M. Johnson 12-27-66 6-30-69 Dr. David Thomas 6-30-65 6-30-68 Quinby Self 6-30-67 6-30-69 Jake Cravens 6-30-67 6-30-69 PLANNING & ZONING CO~ISSION Dr. Robert Lockwood 8-02-62 6-30-68 L.L. LaRue 5-01-63 6-30-68 Jack Browder 5-25-66 6-30-69 Fred Freeman 6-30-67 6-30-69 Robert Speake 6-30-67 6-30-69 PUBLIC UTILITY BOARD Tom Harpool 7-14-59 6-30-71 Stan Munson 12~-2~i-66 6-30-71 A.B. Swenson 7-14-59 6-30-68 Marvin Ramey 7-14-59 6-30-70 Dr. Walter Miller 4-25-61 6-30-69 7. Mayor Martin asked Councilman Loveless and Councilman Whitson to serve on a committee with him to select names to submit to the Council to study possible Charter revisions. 8. A motion was made by Loveless that the engineering firm of Ballardand Courtney, Denton, Texas, be employed on a coat basis, not to exceed 6%, to draw the plans and specifications for ~e bridge %o be built across Pecan Creek, in the park, to be used in opening Oakland Avenue,the bridge to be the width of the con- necting street and to have a pedestrian walk on one side, these plans and specifi- cationto be prepared in five working days, beginning tomorrow, and that on the fifth and sixth days from this date the legally required advertisement asking for bids be inserted in the Denton Record Chronicle, and the necessary posting of the required notice on the bulletin board in the City Hall be done. The bids to be called for shall include the above mentioned bridge, and the pavement connecting it to East McKinney Street on the South and the new Oakland Avenue on the north, this pavement to be the same width and type as the new pavement on Oakland Avenue extending south from the TWU cmmpus to the park. The east edge of the pavement shall be in line with the east edge of the present Oakland Street between East McKinney and East Oak Streets; which is shown on the Springer Thoroughfare Plan as part of the Oakland Avenue-Industrial Boulevard Thoroughfare; this being in strict accordance with the Springer Plan which starts at Dallas Drive, running north on Industrial Avenue, and continuing north on Oakland Avenue which is in line with Industrial Avenue as its southern section; then extending north in a straight line until after crossing the creek, when it is to be curved slightly to the west, to pass around the west end of the present library building, making a smooth curve into the north section of Oakland, so that through traffic north shall be checked as little as possible. MUNICIPAL BUILDING July 25, 1967 This routing is in accordance with the suggestions of Mr. O'Neil Ford, Architect and Planner of the Civic Center, as outlined in a recent conference with City officials. Bids are to be called for on the eighth day following the first publication of the legal notice, and the contractor will be required to begin work not later than one week from the date of the acceptance of his bid. This schedule will set up the following timetable: Plans & specification to be completed by July 31, 1967 Bids to be opened August 08, 1967 Work to be started not later than August 15, 1967 The motion was seconded by Jones. Motion carried with Loveless, Jones, and Martin voting "aye" and Whitson and Nelson voting "no". 9. City Attorney, Jack Barton, requested permission to file two suits: (1) against A.W. Cullum DBA A.W. Cullum Company--two (2) separate instances of damages to the electrical system behind Denton Center, (2) U.S. Fire Insurance Company and Floyd West Company for breach of contract of the policy insuring the life of Kenneth Kramer. A motion was made by Loveless, seconded by Jones that the City Attorney be granted permission to file these suits. Motion carried. ~ Themeeting adjourned at 9:30 p.m. ~~4.~~ City Secretary *** :.-- MUNICIPAL BUILDING August 22, 1967 Regular meeting of the City Council, City of Denton, Texas, August 22, 1967, at 7:00 p.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, Warren Whitson, Jr., L. A. Nelson, Marvin Loveless, City Manager, GityAttorney, City Secretary. Absent: I. T. Jones, Jr. 1. A motion was made by Loveless, seconded by Nelson that the minutes to include the meeting of July 25, 1967 be approved. Motion carried. 2. Bids: a. Bid for Chilling Unit, Piping, Base for Cooling Tower No. 2 -- A motion was made by Whitson, seconded by Nelson that the 150 ton water chilling unit with cool- ing tower, pumps, accessories and piping at a bid of $28,600 and 5" underground piping to Municipal Building at a bid of $6,068. Total bid of $34,668 be awarded to Beal's Mechanical Contractors. The base for cooling tower No. 2 be awarded to Davis Brothers Construction Company at a bid of $1,250. Motion carried. b. Bid No. 67-43-7 -- Electronic Programmable Printing Calculator -- A motion was made by Loveless, seconded by Nelson that the bid be awarded to SCM Corporation at a bid of $2,850. Motion carried. 3. Visitors: a. Iohn Roady, owner of Iohn Roady Subdivision, asked for a refund of $5,908.5 for a bridge on Cordell Street. Mr. Roady was questioned by the Mayor as to whether the bridge was being used. Mr. Roady stated that the pavement had not been connected to the bridge since the curbs were too high, and that no permit was required for him to construct the bridge. Mayor Martin stated that the matter would be tabled and requested that Mr. Roady produce legal documents relative to his request. 8 MUNICIPAL BUILDING August 22, 1967 b. Dr. Larry Simmons, representing the Chamber of Commerce, announced that the Chamber of Commerce was sponsoring a back to school clean up campaign and requested that the Council authorize the City sanitation department to pick up trash at curb side from all City residents and that the Mayor proclaim September 1 hhrough September 16, 1967 as Back to School Clean up Campaign time. A motion was made by ~Nhitson, seconded by Loveless to authorize the Manager to utilize sanitation equipment for this purpose. Motion carried. The Mayor stated a proclamation would be prepared as requested. c. Quinby Self, Commander of the American Legion Post No. 71 of Denton, stated that work on dismantling the American Legion building in the Civic Center Park was well underway and that the Legion had located a site in Hickory Creek Park. Mr. Self requested that the City lease to the American Legion the proposed site in the Hickory Creek Park. The Mayor stated that the Council would take the matter under advisement and would have an answer after checking with the Parks and Recreation Board and the U. S. Corps of Engineers. d. Robert ~. Moon, who lives on Business Route of Highway 77 North, near Donna Dell Estates, asked when he could expect City utilities since he was required to pay City taxes. Mr. Moon was advised that utility services are not involved in City taxes. 4. Petition§: a. The petition of Mrs. ~V. J. Moore requesting that the zoning classification of property located at 303-305 ~rest Prairie, described as City lots 1 and 17, Block 307, be changed fro m the "R" Dwelling District to the "LB" Local Business District was considered. A motion was made by Whitson, seconded by Loveless that Mrs. Moore and the prospective buyer arrange a conference with the City Attorney. Motion carried. b. A motion was made by ~Vhitson, seconded by Nelson that the petition of Harry Ray requesting that the zoning classification of property described as City lots 3 through 7 and 9 through 15, Block 419 and City lots 21 through 32, Block 412, be changed from the "D" Dwelling and "A-I" Dwelling Districts to the "LB" Local Business District be referred to the Planning and Zoning Commission for its recommendation. Motion carried. $. Re solutions: The following resolutions were presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 22ND DAY OF AUGHST, A.D. 1967. RESOLUTION BE IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON THE MINUTES OF THE CITY OF DENTON, TEXAS CITY COUNCIL'- On behalf of the people of the City of Denton the City Council and Mayor hereby express publicly their sincere thanks and appreciation to Dr. Hugh M. Ayer for his valuable public services as a member and Chairman of the Planning and Zoning Commission of the City of Denton, Texas, from October 8, 1963 until the appointment and qualification of his successor on July 25, 1967. The said Dr. Hugh M. Ayer was appointed to the Planning and Zoning Commission on October 8, 1963, by the City Council to fill an unexpired term, and was reappoint- ed in June of 1965 for a regular two year term which ended June 30, t067, and continued serving, as Chairman, until succeeded due to his declining reappointment. The City Council and Mayor wish to express their further thanks for the dedicated and outstanding manner in which Chairman Ayer has performed this technical and very important public service, and further express their best wishes for his continued success, and only regret that such a valuable citizen is leaving this Commission. MUNICIPAL BUILDING z~ ~ August 22, 1967 On behalf of the people he has served, the City Council and Mayor direct and order that a copy of this Resolution be forwarded to him, the said Dr. Hugh M. Ayer. PASSED AND APPROVED this 22nd day of August, 1967. /s/Zeke Martin Mayor, City of Denton, Texas ATTEST: /s/ Brooks Holt City Secretary, City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/Jack Q. Barton, City Attorney City of ~enton, Texas AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 22ND DAY OF AUGUST, A.D. 1967. .-~ RESOLUTION BE IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: On behalf of the people of the City of Denton, Texas, the City Council and Mayor hereby express publicly their sincere thanks and appreciation to E. J. Milam who was appointed to the Parks and Recreation Board of the City of Denton, Texas, on December 8, 1964, and served until his successor was appointed on ~uly 25, 1967. The said E. J. Milam~,~cas appointed to the Parks and Recreation Board on the 8th day of December, 1964, and served continuously until his resignation effective [uly 25, 1967. The City Council and Mayor wi~sh to ~express their further thanks for the tireless and outstanding manner in which he has performed this public service and further express their desire for his continued cooperation and assistance in the future. On behalf of the people he has so ably served, the City Council and Mayor direct and order that a copy of the Resolution be forwarded to him, the said E. ~. Milam. Passed and Approved this 22nd day of August, A. D. 1967 /s/Zeke Martin Mayor, City of Denton, Texas ATTEST: /s/ Brooks Holt City Secretary, City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/ Jack Q. Barton, City Attorney City of Denton, Texas AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 22nd DAY OF AUGUST, A.D. 1967. RESOLUTION BE IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: On behalf of the people of the City of Denton, the City Counciland Mayor hereby express publicly their sincere thanks and appreciation to Mrs. Ruth Webb for her MUNICIPAL BUILDING August 22, 1967 valuable services as a member of the Parks and Recreation Board of the City of Denton, Texas from June 28, 1963, until her successor was appointed and qualified on July 25, 1967. The said Ruth Webb was appointed to the Parks and Recreation Board on the 28th day of June, 1963, and was reappointed in June of 1965 for a second term. The City Council and Mayor wi'sA to express their further thanks for the tireless and outstanding manner i n which she has performed this public service, and for her special contribution and assistance in establishing our fine new library and library program, and extend their best wishes for her continued cooperation and assistance in the future. On behalf of the people she has served, the City Council and Mayor direct and order that a copy of this Resolution be forwarded to her, the said Ruth Webb. PASSED AND APPROVED this 22nd day of August, A.D. 1967. /s/ Zeke Martin Mayor, City of Denton, Texas ATTEST: /s/ Brooks Holt City Secretary, City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/Jack Q. Barton City Attorney, City of Denton, Texas AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF THE SAID CITY ON THE 22ND DAY OF AUGUST, A.D. 1967. RESOLUTION BE IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON THE MINUTES OF CITY COUNCIL OF THE CITY OF DENTON, TEXAS: On behalf of the people of the City of Denton the Mayor and City Council hereby publicly express their sincere thanks and appreciation to Frank Martino for his valuable public services as a member of the Planning and Zoning Commission of the Gity of Denton, Texas, for June 30, 1965 until July 25, 1967. The said Frank Martino was appointed to the Planning and Zoning Commission on the 30th day of June, 1965, by the City Council, and served for a regular two year term which expired June 30, 1967, and for several meetings thereafter until his successor was appointed July 25, 1967. The City Council and Mayor' wish to express their further thanks for the tireless and outstanding manner in which he has performed this valuable and necessary public service, and further express their best wishes for his continued success and only regret that such a valuable member is leaving this important Commiasion. On behalf of the people he has served, the City Council and Mayor direct and order that a copy of this Resolution be forwarded to him, the said Frank Martino. PASSED AND APPROVED this 22nd day of August, A. D. 1967. /s/ Zeke Martin Mayor, City of Denton, Texas ATTEST: /s/ Brooks Holt ~.~ity Secretary, City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/Jack Q. Barton City Attorney, City of Denton, Texas MUNICIPAL BUILDING August 22, 1967 AT A' REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 22ND DAY OF AUGUST, A.D. 1967. RESOLUTION BE IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: On behalf of the people of the City of Denton, Texas, the Mayor and City Council hereby express publicly their sincere thanks and appreciation to Raymond Pitts for his valuable public services as a member of the Board of Adjustment of the City of Denton from ~une 28, 1963 until his resignation effective ~une 30, 1967. The said Raymond Pitts was appointed to the Board of Adjustment on the 28th day of ~une, 1963, and served continuously until his retirement. The City Council and Mayor wish to express their further thanks for the diligent and able manner in which he has performed his duties as a member of this important Quasi ~udicial Body, and further express their best wishes for his continued succes~ within our community, and for the betterment of our people. On behalf of the people he has served so well, ~ the City Council and Mayor direct and order that a copy of this Resolution be forwarded to him, the said Raymond Pitts. PASSED AND APPROVED this 22nd day of August, A. D. 1967. /s/ Zeke Martin Mayor, City of Denton, Texas ATTEST: /s/ Brooks Holt City Secretary, City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/~ack Q. Barton $ity Attorney, City of Denton, Texas A motion was made by Loveless seconded by lNhitson that the resolutions be adopted. On roll call vote Nelson voted "aye", lNhitson voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 22ND DAY OF AUGUST, A.D. 1967. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, that Zeke Martin, Mayor, be and is hereby aut~rized to execute and sign a certain Licensing Agreement by and between the Texas and Pacific Railway Company and the City of Denton in connection with the installation of the Texas Woman's University Relief Sewer line crossing this Railway Company property, which Licensing Agreement is dated August 15, 1967, and is attached hereto and incorporated herein. It is the intent of this Council that the act of Mayor Zeke Martin in signing such Licensing Agreement shall be the Act of this Council. PASSED AND APPROVED this 22nd day of August, A. D. 1967. /s/ Zeke Ma rtin Mayor, City of Denton, Texas ATTEST: /s/ Brooks Holt City Secretary, City of Denton, Texas APPROVED AS TO LEGAL FORML /s/ Jack Q. Barton City Attorney, City of Denton, Texas MUNICIPAL BUILDING August 22, 1967 A motion was made by Whitson, seconded by Nelson that the resolution be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 22ND DAY OF AUGUST, A.D. 1967. RESOL'UTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The City of Denton hereby approves a sublease to George Vose or Vose Flight School of a portion of the premises, including the old main hanger, now being leased from the City of Denton by Aerosmith Denton Corporation, a Texas Corporation, for airport purposes, subject to approval of said sublease to George Vose, or Vose Flight School, by the Airport Board and City Manager, which approval shall be evidenced by endorsement of the City Manager on the sublease agreement. This conditional approval is given in accordance with paragraph numbered XI of the said Lease Agreement by and between the City of Denton, Texas, and Ae rosmith Denton Corporation. PASSED AND APPROVED THIS 22nd day of August, A. D. 1967. /s/ Zeke Martin Mayor, City of Denton, Texas ATTEST: /s/Brooks Holt CiW Secretary, City of Denton, Texas .APPROVAL AS TO LEGAL FORM: /s/~ack Q. Barton City Attorney, City of Denton, Texas A motion was made by Whitson, seconded by Nelson that the resolution be adopted. On roll call vote Nelson voted "aye , Whitson voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. 6. Ordinances: The following ordinances were presented: ORDINANCE NO. 67-29 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS 1, 2, 3, 4, 5, 6, 7~qAND 8 OF CITY BLOCK 261 AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. A motion was made by Whitson, seconded by Nelson that the ordinance be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. ORDINANCE NO. 67-30 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS $ AND 6 OF CITY BLOCK 423 AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; AND DECLARING AN EFFECTIVE DATE. MUNICIPAL BUILDING August 22, 1967 A motion was made by Nelson, seconded by Loveless that the ordinance be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Loveless voted "aye", Martin voted "aye". Motioncarried. ORDINANCE NO. 67-31 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY CE DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS 1 AND 2 OF CITY BLOCK 349,AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TF_JfAS, AND MORE PARTICULARLY DESCRIBEDHEREIN; AND DECLARING AN EFFECTIVE DATE. A motion was made by Loveless, seconded by Nelson that the ordinance be adopted. On roll call vote Nelson voted "aye , Whitson voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. ORDINANCE NO. 67-32 AN ORDINANCE AMENDING ORDINANCE NO. 67-27 AND THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TEXAS, BY ORDINANCE NO. 61-19, ANDAS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWN AS LOTS 18, 19 and 20 OF BLOCK 12 OF OWSLEY PARK ADDITION AS SHOWN ON THE OFFICIAL PLAT FILED IN THE DENTON COUNTY CLERK§ OFFICE, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. A motion was made by Whitson, seconded by Nelson that the ordinance be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Loveless voted "aye", Martin voted "aye" Motion carried. ORDINANCE NO. 67-33 AN ORDINANCE CLARIFYING ORDINANCE NO. 65-1 PASSED JANUARY 12, 1965, AND AMENDING THE CODE OF THE CITY OF DENTON BY REPEALING AND REVOKING B-3 AND B-4 ELECTRIC SERVICE RATES; AND DECLARING AN EFFECTIVE DATE. A motion was made by Whitson, seconded by Loveless that the ordinance be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. ORDINANCE NO. 67-34 AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF DENTON, TEXAS, BY TRANSFERRING CERTAIN UNUSED APPROPRIATIONS OF A DEPARTMENT TO A DEPARTMENT REQUIRING SUCH FUNDS, AS DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. A motion was made by Nelson,seconded by Loveless that the ordinance be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Loveless voted "aye", Martin voted "aye" Motion carried. 7. The Manager presented a list of delinquent taxes recommended for charge off by the City Tax Assessor and Tax Attorney Bill B. Hart in the amount of $5,721.51. Council- man Loveless requested that the matter of taxable property sold to exempt agencies be carefully studied. A motion was made by Loveless, seconded bY Nelson that the City Attorney be instructed to study the matter and make recommendations as to future practices of the City. Motion carried. A motion was made by Nelson, seconded by Loveless that the Council accept the recommend+..J ation of.the Tat~Assessor and the Tax Attorney to approve the charge off delinquent taxes as indicated. Motion carried. MUNICIPAL BUILDING August 22, 1967 New Business: a. The City Attorney read a proposed ordinance to call an election relative to the opening or closing of Oakland Avenue. The City Secretary certified that the ordinance read was the ordinance attached to the petitions for an initiative election. The certification by the City Secretary that an adequate number of signatures necessary to call such election was read by the Mayor. A total of 733 qualified signa'tnres was necessary . Mr. Nelson stated that members of the Council may disagree on what is right and proper on various matters, but that he had no doubt as to the*integrity of all Council members, ,~ adding that he hoped that personalities would not be involved in Council matters. ~erry Stout, representing the Friends of Oakland Avenue, stated he was appearing on the behalf of the right of the people to vote on the Oakland Avenue matter, that election should be called in as reasonable time as possible. He asked that the election relative to the closing of Austin be held at the same time as that of Oakland Avenue. After Mr. Stout questioned portions of the election petitions, the Mayor requested the City Attorney to make a study as to the absolute legality of these petitions. A motion was made by Loveless, seconded by Nelson that a public hearing on the proposed Oakland Avenue ordinance- be held September 11, 1967 at 7:00 p.m. in the Municipal Auditorium. Motion carried. Mayor Martin stated that he was going on record as favoring the Oakland Avenue election, but wanted toknow what plans are being made for Austin Avenue and who will close Austin Avenue. He further stated that if the U. S. Government closed Austin, he was on record as saying that the people of Denton should vote on the matter. Nelson stated that he was in favor of the Council calling an election on Austin Avenue. No definite action was taken on the matter. b. Special assessment for mowing was discussed. A motion was rra de by Nelson, seconded by Whitson that a public hearing be set for persons involved to give their just reasons why they did not pay for mowing services. Motion carried. c. Mayor Martin opened the public hearing on the proposed 1967-68 budget. A motion was made by Loveless that several meetings be set by the Council to discuss in detail the budget and another public hearing be advertised. Since there was no second to the motion, it was withdrawn. Mr. Stout then stated that there was no detail information on the City budget and that he would like to be furnished a budget for all City departments in detail. Stash stated $100,000 a year should be expended on the Springer Thoroughfare Plan and that the Street budget should be increased. He also inquired as to whether or not funds were being allocated for economic development. He was advised by the City Manager that funds were being allocated for this purpose. Mayor Martin proposed that public hearing on the budget be continued on September 12, 1967, at 7:00 p.m. in the Municipal Auditorium and that a copy of the budget be obtained by interested citizens from the Office of the City Secretary. Mr. Loveless asked that the Director of Parks and Recreation meet with the Council at the budget hearing and that a complete and detail proposed payroll be made available for this meeting. a c. Roger Durham, 1500 West Oak Street, appeared relative to/Denton public transportation system and asked if the Council planned to take action. Durham was advised that the Council would give the matter careful consideration. d. Reverend E. H. Garrett, 115 South Wood, Cha£r~man of the Mayor's Committee for Development of Southeast Denton, presented the following recommendations: MUNICIPAL BUILDING August 22, 1967 1. That a negro be reappointed to the Parks and Recreation Board in order for the negroe'sto have.r,epresentations, since it has gone all white. 2. That two negro men who qualify be placed on the Denton Police force. We recommend two be secured from some other City. If negroes in Denton qualify, they should be placed on another force, if possible, in order that there will be no partiality shown to any one. 3. That the Council contact the MKT Railroad Company and have them clean up right of ways in Southeast Denton. 4. That the Mayor and Council designate days for a clean up period, and that City trucks be made available in order that all rubbish and unusable materials may be placed on street and picked up. 5. That better lighting system be installed from Lakey Street to Bradshaw Street on East Prairie. ~'x~Themeetingadj°urnedat 10:10p'm'k¢~ ~or~'-~'~/~~ City Secretary MUNICIPAL BUILDING September 11, 1967 Special meeting of the City Council, Monday, September 11, 1967, at 7:00 p.m. in the Municipal Auditorium for the purpose of a public hearing on the proposed ordinance that was initiated by a petition to call an initiative election on the opening or closing of Oakland Avenue. Present: Mayor Zeke Martin, Warren Whitson, Jr., L. A. Nelson, J. T. Jones, Jr. Marvin Loveless, City Manager, City Attorney, City Secretary. Mayor Martin opened the public hearing and asked if anyone present desired to speak for the proposed ordinance for Oakland Avenue to remain closed. Dr. Robert N. Lockwood stated that the welfare of all the City, not just a few, should be taken into consideration. He added that Denton needed a beautiful unhampered Civic Gentlr Park. Virginia Clark stated that the original plan to close Oakland Avenue through the park make~ sense. Bert Lyle stated that he was extremely interested in City Parks and that the splitting of Civic Center Park by a street would be tragic. Robert I. Moon stated that the citizens of Denton do not want to be the victims of a Counctt mistake. He added that he was employed as a postman and that he was not in favor of an~ action that would prevent Denton from obtaining a Federal Building. Mrs. Earl tN. Kooker congratulated the City for its vision in preparing a long range plan for an improved City. She added that Oakland should be kept closed for the safety of children and that she was in favor of the welfare of the entire City. Mayor Martin then asked ifanywere present who desired to speak against the ordinance, and for the opening of Oakland Avenue. Jerry Stout, representing the Friends of Oakland Avenue, asked if the Council had decided to resolve this issue. No response was given to this question. ,56 MUNICIPAL BUILDING September 11, 1967 Mr. Stout then read a prepared statement. He stated, among other things, that Austin Avenue and Oakland Avenue should not be placed on the same ballot, that one of these streets must remain open, and thai: some compromise should be made by the City Council. He further added that the Civic Center Park was no longer a park as such, that baseball fields, scout huts, American Legion Hall and the Optimist Gym had been moved out. As to safety, he stated that the playground for children was now located adjacent to busy Withers Street. He closed his presentation by stating that Denton needed to open streets not destroy them. Dr. H. E. Roberts stated that he had writtena letter several years ago asking that Central Park not be encroached upon with government buildings, He questioned the legality of the initiative petitions and suggested that these petitions be withdrawn. He said that the City Council should settle this matter and added that if Austin Avenue is closed, Oakland must be opened and the entire matter settled amicably. Fred Hodges asked why we build larger libriaries for more books, but close streets to them. He added that we should open streets for better access to our libraries. No action was taken by the Council. The meeting adjourned at 8:30p.m. ~.~_~-~~. ayor ...... City Secretary MUNICIPAL BUILDING September 12, 1967 Regular meeting of the City 'Council, City of Denton, Texas, September 12, 1967, at 7:00 p.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, Warren Whitson, Jr., L. A. Nelson, Marvin Loveless, J. T. Jones, Jr., City Manager, City Attorney, City Secretary. 1. A motion was made by Whitson, seconded by Loveless that the minutes of the regular meeting of August 22, 1967, be approved. Motion carried. 2. Bids: a. Bid No. 67-44-8 -- Single Bucket Aerial Platform -- A motion was made by Loveless, seconded by Jones that the bid be awarded to the Utility Equipment Company of Oklahoma City at a low bid of $9,050.01. Motion carried. b. Bid No. 67-46-8 -- Standard Mobile D-C High Potential Test Set -- A motion was made by Jones, seconded by Nelson that the bid be awarded to Graybar Electric at a bid of $2,350. Motion carried. (This award was made on a draw bid). c. Bid No. 67-47-8 -- Sale of Scrap Wire -- A motion was made by Loveless, seconded by Nelson that the bids be awarded as follows: Item 1-Copper wire at a high bid of 26¢ per lb. -- Fulton and Kiser; Item 2 - Aluminum Wire at a high bid of . 07 per lb. -- Wayne R. Boyd. Motion carried. d. Library Expansion --- After hearing a report and recommendation of Dr. David Thomas, Chairman of the Parl~s and Recreation, a motion was made by Loveless, seconded by Jones to accept the recommendation and award the contract to H & S Engineering Company as follows: Base Bid - $166,818, plus alternates 1, 2, and 4 for a total bid of $174,973,with alternate item $ to be negotiated. Motion carried. 3. Vi sitors: a. L.F. Powell, Chairman of the Denton County Rural Water Supply Corporation, 'requested a letter from the City stating that the City did not intend to provide utilities for this area in the next five to ten years. After considerable discussion with Mr. Powell and Pat Roberts, FHA Manager, a motion was made by Jones, seconded by Loveless to instruct MUNICIPAL BUILDING September 12, 1967 the City Manager and City Attorney to prepare the requested letter, including this clause: "that this letter in no manner could be contrued to imply that the City of Denton would take over payment of existing water lines if the area in question is annexed to the City of Denton." The City Manager then explained the City's extra territorial jurisdiction of subdivisions and that this water system would not meet City subdivision regulations. b. Mr. John Roady appeared relative to a claim for reimbursement for the cost -- of a bridge on Cordell Street in the amount of $5,908.50, plus $585.92 interest to date. Mr. Roady stated that Mr. B. F, Daniel, property owner, had paid the City $2,000 for four bridges in 1955. Mayor Martin stated that the City had no record of the $2,000 having been paid. The matter of why the pavement and bridge had not been connected was discussed, but not resolved. Nelson suggested that this matter be referred to the City At~rney for a written opinion on the legality of Mr. Roady's request. The matter of payment was tabled pending a report from the City Attorney. A motion was made by Loveless, seconded by Jones that the City make paving connections LO with the bridge on both sides without prejudice of claims and with this expenditure by the · :~ City not to exceed $500. Motion carried. c. Dr. Gene Wright, representing 27 home owners in Sequoia Park, presented a petition requesting that portions of Creek Avenue, Nevada Street and Inca Circle be paved as soon as possible since subdivision regulations require paved streets. The Mayor accepted the petition and stated that the matter would be investigated. d. Richard Taliaferro, representing a special committee of the Denton Chamber of Commerce, requested that parking meters be removed from the central business district on a six month trial basis. After considerable discussion , the Mayor advised that this matter would be studied very thoroughly. e. Quinby Self, Commander of the American Legion Post No. 71, reported that a contract for a site on the western edge of Hickory Greek Park for an American Legion building has been drawn. Dr. David Thomas, Parks & Recreation Chairman, advised that his Board had approved this contract subject to the approval of the City Attorney and that the Legion would be considered a concessioniare. It was pointed out that the contract must be approved by the U. S. Corps of Engineers after approval by the City of Denton. Mr. Self added that the building would be open on a rental basis for acceptable groups, ant that the City would be paid six per cent (6%) of gross receipts from such rentals. A motion was made by Loveless, seconded by .Nelson to authorize the Mayor to sign a concession acre ement with the American Legion after approval of the legality of the document by the City Attorney and approval by the U. S. Corps of Engineers. Motion carried. 4. Ordina nc e: The following ordinance was presented: ORDINANCE NO. 67-35 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING .CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS. A motion was made by Whitson, seconded by Jones that the ordinance be adopted. On roll call vote Loveless voted "aye", Jones voted "aye", Nelson voted "aye", Whitson voted "aye", Martin voted "aye". Motion carried. 5. On the matter of liability insurance for the City of Denton, City Attorney, Jack Barton, asked for a postponement of the report until the next meeting since the insurance carrier could not produce information until a later date. MUNICIPAL BUILDING September 12, 1967 6. The Mayor opened a continuation of the public hearing on the 1967-68 budget. Mfs. Peter Gaupp, president of the League of Women Voters, stated that the League wiahed to go on record as supporting the proposed budget for the Parks and Recreation Department. Bert Lyle spoke at length in behalf of the Parks & Recreation budget. Dr. David Thomas, Chairman of the Parks & Recreation Board, stated that the lighting of the interior of City parks was most important, and he hoped that the Council would see fit to include this item in the budget. Mrs. Dorothy Melton spoke in behalf of the Recreation Department budget. Reverend J. L. Black asked if any money had been appropriated for southeast Denton. Mr. Martin advised that the budget did not designate specific funds for a certain part of the City, but that work on streets and drainage ditches in southeast Denton definitely will be done. The Mayor closed the public hearing on the 1967-68 budget. Whitson asked that a date be set for accepting the budget since it must be adopted ten (10) days prior to October 1, 1967. No action was taken. 8. A motion was made by W~hitson, seconded by Loveless that an election pertaining to the opening or closing of Oakland Avenue be set for Saturday, Ootober 14, 1967. Motion carried. 9. A motion was made by Whitson, seconded by Nelson that the Council pass an ordinance at the next regular meeting closing a portion of Austin Avenue to meet the requirements of an agreement with the General Services Administration. Loveless made a motion, seconded by Jones to amend the motion as follows: that the matter of closing a portion of Austin Avenue be placed on the ballot on the same day as the Oakland Avenue election. In discussing the motion and the arnendment, Loveless stated that he had been informed 'that the City faced law suits on Austin Avenue whether opened or closed and was faced 'with suits on Oakland Avenue. Whitson stated the question of Oakland Avenue hinged on whether Denton should have a street through the Civic Center, but we have a contract to deliver a portion of Austin Avenue to the Federal Government on September 3_0, 1967. Mayor Martin stated that the City has no assurance that petitions will not be circulated concerning an election on Austin as was done on Oakland Avenue, and added he believed the people should make the decision on Austin, adding that he felt that the people will vote for the closing of a portion of Austin Avenue because of the Federal Building. ~Arhitson askedif the City could not close a portion of Austin, but let the people decide if a street through the Civic Center is needed. The Mayor then called for a vote on the motion with amendment. Motion carried three to tWO. The meeting adjourned at 9:35 p.m. -C ~t~S e creta ry MUNICIPAL BUI'LDING September 20, 1967 Special meeting of the City Council, City of Denton, Texas, Wednesday, September 20, 1967, at 7:00 p.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, L. A. Nelson, Marvin Loveless, I. T. ~ones, Jr., City Manager, City Attorney, City Secretary. Absent: Councilman Warren Whitson, Ir. 1. Mayor Martin opened the meeting and explained, in brief, how the budget of 1967-68 was compiled and stated that the City Manager would submit a quarterly budget report to the City Council during the fiscal year and that all departments heads were being advised to operate within the budget. A motion was made by Nelson, seconded by ~ones that the budget for 1967-68 be approved as submitted and recommended by the City Manager, and that the tax rate be set at $1.50 per $100 valuation and that the following budget ordinance be adopted: ORDINANCE NO. 67-36 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1967, AND ENDING ON SEPTEMBER 30, 1968, LEVYING TAXES FOR THE YEAR 1967 TO BE ASSESSED ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE CITY CF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. On roll call vote Nelson voted "aye", Jones voted "aye", Loveless abstained, Martin voted "aye". Motion carried. 2. Mayor Martin read a letter from Mr. Ierry Stout relative to clesing Austin Avenue without an election. Mayor Martin then stated that the Federal Government was agreeable to extending the delivery date of the land and that a letter confirming this statement was forthcoming. The Mayor further added that there are two leases in the Civic Center area that must be settled and buildings had to be torn down. Mayor Martin explained that he had signed a contract with the government at the direction of the City Council. As to a compromise suggested by Mr. Stout, Mayor Martin stated that both Austin and Oakland should be left on the ballot on October 14, 1967, in order to bring this matter to a definite conclusion. "I have reservations of a compromise being a satisfactory solution," Martin said. Councilman Jones stated that if the matter could be resolved by Council action, he would go along, but a compromise appeared very doubtful. Councilman Nelson stated that the best course would be for all Civic Center buildings to be completed then to explore the feasibility of hiring a planner relative to street access, but under the present circumstances the election should be called. Councilman Loveless said that the City is assured that the government will not press the City for time and added th~ t he thought the Council should go ahead to a speedy conclusion with an election. The meeting adjourned at 8:10 p.m. ~ D~,.~,~/~ Oj~/y~S'ecreta ry 6O MUNICIPAL BUILDING September 26, 1967 Regular meeting of the City Councit, City oLDenton, Tuesday, September 26, 1967, at 7:00 p.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, WarrenWhitson, Jr., L. A. Nelson, Marvin Loveless, J. T. Jones, ~r., City Manager, City Attorney, City Planner, City Secretary. 1. A motion was made by Jones, seconded by Loveless that the minutes of the special meeting of September 11, 1967, the regular meeting of September 12, 1967 and the special meeting of September 20, 1967, be approved. Motion carried. 2. Bids: a. Bid No. 67-42-7 -- Concrete and Sack Cement --A motion was made by Loveless, seconded by ~ones that the bid be awarded as follows: Item 1--3 sack $11.00, 4. sack --$12.00, 5 sack --$13.00 to Floyd Thomas Concrete Company; Item 2, 3 and 4 to Moore Building Products at a bid of $1.33, $1.30 and .80 respectively and to reject the bid on Item 5. Motion carried. b. Bid No. 67-45-8 -- Single Bucket Aerial Platform Truck Chassis -- A motion was made by Whitson, seconded by Nelson that the bid be awarded to Calvert Motor Company at a low bid of $3,573.04 plus $105 delivery to Oklahoma City, Oklahoma, for a total bid of $3,678.04. Motion carried. c. Bid No. 67-48-9 -- Paving Materials -- A motion was made by Jones, seconded by Nelson that the bid be awarded as follows: Item 1 and 2 to Wright Asphalt- F.O.B. Denton and Irving, Texas; Item 3 to Southern Asphalt - F.O.B. Denton only; Item 4 through 7-Gilford-Hill Gompany; Item 8 thrsugh 10 and 14-Uvalde Rock Asphalt; Item 11 and 12-Gilford Hill Company and Item 13-no bids. Motion carried. d. Bid No. 67-51-9 -- Interstate Highway 35E-Sanitary Sewer Relocation -- .a motion was made by Whitson, seconded by Nelson that the bid be awarded to Shellen- berger, Inc. at a low bid of $4,737.25. Motion carried. -- e. Bid No. 67-52-9 -- 6 inch Asbestos Glass 150 pipe --A motion was made by Whitson, seconded by Nelson that the bid be awarded to Johns Mansville at a bid of $1.23 a foot fora total bid of $2,152.50-F.O.B. Denton. Motion carried. ,3. Visitors: a. Mr. D. L. Ward, representing Denton ~aycees, presented four litter con- tainers to the City for use on the square. The Mayor accepted the gift with thanks. b. Mr. Bill Utter, representing the Highway, Street and Roads Division of the iOenton Chamber of Ccrrmerce, requested the City to advise the State Highway Lepartment that the City would pay approximately $60,000 for curbs, gutters and drainage from ]Malone Street on Highway 24 to Interstate Highway 35E set back. Mr. Utter stated that he felt that the property owners would pay one-half of costs or approximately $60,000 through an assessment program. Mr. Utter further stated that the Highway Department had advised him that work., if approved, would begin within 18 to 24 months. Mayor Martin asked if the City committed itself now and then did not have funds available at the time of construction, what would happen. Mr. Utter answered that it would be necessary to advise the Highway Department thatthe City of Denton did not have the necessary funds to complete the project. Utter added that the Highway Department had J. ndicated that there was approximately $4030,000 available that could be allocated to the reconstruction of Highway 24 from Ma]one Street to Interstate Highway 35E. A motion was made by Loveless, seconded by ~ones to authorize the City Manager to advise the State Highway Department that the City would participate in the improvement of Highway 24 from Malone to Interstate Highway 35E. Motion carried. 4!. P etition s: a. A public hearing was held on the petition of C. C. Smith requesting that the zoning classification of property described as City lot 5.2, Block 4076, located on the south side of Business Route 77, 600 feet east of Hinkle Road, be changed from the "R" MUNICIPAL BUILDING September 26, 1967 t ha t Dwelling District to the "A-l" Dwelling Districtz~vas appealed to the City Council after denial by the Planning and Zoning Commission. After hearing proponents but no opposition, a motion was made by Iones, seconded by Loveless that the matter be tabled until the next regular meeting. Motion carried. b. A public hearing was held on the petition of Harry Ray, etal, requesting that the zoning classification of property described as City lots 3 through 7,9 through 14, Block 419 and City lots 21 through 32, Block 412, located on both sides of North Elm Street from College Street to University Drive, be changed from the "D" and "A-i" Dwelling District to the "LB" Local Business District that was appealed to the City Council after denial by the Planning and Zoning Commission. After hearing proponents but no opposition, Whitson asked Mr. Ray if the petitioners would accept "A-2" zoning for professional offices only. Mr. Ray answered in the negative. He was then asked by Councilman Loveless if "LR" Local Retail classification would suffice. Mr. Ray answered in the negative, stating that "LR" Local Retail would exclude the Malt and Burg Shop. A motion was made by Loveless, seconded by Jones that the petition be approved as requested. During the discussion of the matter, Councilman Whitson suggested that the motion be withdrawn and that Mr. Ray confer with land owners as to whether or not "LR" ~'~ Local Retail zoning would be satisfactory, and to return to the next Council meeting with ~ the answer. Other members of the Council concurred, and the motion died without vote. c. A motion was made by Whitson, seconded by Nelson that the petition of William Bragg, requesting that the zoning classification of property located at 2018 South Locust be changed from the "LI." Light Industrial District to the "HI" Heavy Industrial District be referred to the Planning and Zoning Commission for its recommendation. Motion carried. 5. The Mayor read a letter of resignation from Mr. Tom Noel from the Flow Hospital Board of Managers effective October 10, 1967. A motion was made by Nelson, seconded --- by Jones to accept reluctantly the resignation of Mr. Noel and to instruct the City Attorney to prepare a resolution of appreciation. Motion carried. 6 0 Re solution s: The following resolutions were presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 26TH DAY OF SEPTEMBER, A.D. 1967. RESOLUTION WHEREAS, the delinquent tax collections for the City of Denton have been much higher than anticipated, causing the fee of the Delinquent Tax Attorney to be in excess of the amount appropriated therefor thru the Legal Department; and WHEREAS, the installation of lights of Bronco Field have caused a credit to the Parks and Recreation Fund; and WHEREAS, the Charter provides (Section 8.07) that within the last three months of the budget year, the Council may by resolution transfer any unencumbered appropriation balance or portion thereof from one office, department or ag~ncyto another. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: that Five Thousand Five Hundred ($$, 500.00) Dollars is hereby transferred from the Contingency Fund to the Legal Department; Four Thousand Dollars ($4,000.00) is hereby transferred from the Contingency Fund to the Parks and Recreation Department. MUNICIPAL BUILDING September 26, 1967 The above transfer of budget appropriations have been recommended by the Director of Finance and City Manager. PASSED AND APPROVED this 26th day of September, A. D. 1967. /s/ Zeke Martin Mayor, City of Denton, Texas ATTEST: /s/ Brooks Holt - City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/ [ack Q. Barton City Attorney City of Denton, Texas A motion was made by Whitson, seconded by Nelson that the resolution be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", [ones voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. AT A REGULAR MEETING OF THE CI15f COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 26TH DAY OF SEPTEMBER, A.D. 1967. RESOLUTION BE IT RESOLVED THAT THE FOLLO~FING REMARKS BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; ~ On behalf of the people of the City of Eenton, Texas, the City Council and Mayor hereby express publicly their sincere thanks and appreciation to Raymond , -- Pitts for his eminent service as a member of the Board of Equalization of the City of E enton, for several consecutive terms, until the Board adjourned ~n August 31, 1967. The said Raymond Pitts was first appointed to this Board on Iuly 26, 1960, by the City Council and was reappointed for seven (7) consecutive terms until his resign- ation effective on said date of adjournment. The City Council and Mayor wish to express their further thanks for the tireless and outstanding manner in which he has performed this public service, and further express their desire for his continued cooperation and assistance in all phases of community matters in the future. On behalf of the people he has so ably served, the City Council and Mayor direct and order that a copy of this Resolution be forwarded to him, the said Raymond Pitts. PASSED AND APPROVED this 26th day of September, A. D. 1967. /s/ Zeke Martin Mayor, City of Denton, Texas ATTEST: /s/ Brooks Holt City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/ ~ack Q. Barton City Attorney, City of Denton, Texas A motion was made by Nelson, seconded by ~ones that the resolution be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Loveless voted "aye", ~ones voted "aye", Martin voted "aye". Motion carried. MUNICIPAL BUILDING ~) ~ September 26, 1967 7. The Weaver Construction Company requested a blasting permit inside the city limits. A motion was made by Loveless, seconded by Jones that the blasting permit be granted subject to the supervision of blasting by the City Engineer. Motion carried. A motion was made by Jones, seconded by Martin that the Council authorize the City Manager to fix the public address system in the Municipal Auditorium. Motion ca tried. 8. A motion was made by Loveless, seconded by Jones that the Manager be requested t¢ arrange a meeting with the City Council, County Commissioners and State Highway Depart- ment representatives to discuss Loop 288 and Sherman Drive. Motion carried. 9. Councilman Loveless suggested that the preliminary plans that were available of a proposed underpass under the railroad on East McKinney Street be made available for review by the public. 10 . A motion was made by Nelson, seconded by Jones to appoint Mr. I. A. Bailey to the Flow Hospital Board of Managers to fill the vacancy created by the resignation of Mr. Tom Noel to be effective October 11, 1967. Motion carried. ll Councilman Loveless suggested that the Hospital Board members' terms expire on ' June 30, rather than October 10 to comply with other City Board and Commission members expiration dates. The Council agreed to confer with the County Commissioners con- ceming this matter. The meeting adjourned at 8:45 p.m.~ / ~-~" ~yor~.j~' City Secretary MUNICIPAL BUILDING October 10, 1967 Regular meeting of the City Council, City of Denton, Texas, Tuesday, October 10, 1967, at 7:00 p.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, Warren Whitson, Jr., L. A. Nelson, Marvin Loveless, J. T. Jones, Jr., Acting City Manager-Jack Owen, City Attorney, Director of Community Development, City Secretary. 1. A motion was made by Jones, seconded by Whitson that the minutes of the regular meeting of September 26, 1967, be approved. Motion carried. 2. Bids: a. A motion was made by Nelson, seconded by Jones that the awarding of the bids be deferred to the next regular meeting. Motion carried. 3. Councilman Jones stated that he had been accused of many things and t. hat on October 4, 1967, Mr. George Reich, through a local newspaper, accused Councilman Loveless and himself of interfering with department heads of the City of Denton. Councilman Jones questioned Mr. Jack Owen, Mr. Bob Pearce and Mr. Leonard Ehrler. He asked each man if he or Mr. Loveless had interfered with his department in any way. Each man indicated that neither he nor Councilman Loveless had interfered. Councilman Jones said that he made inquiries only in accordance with the City Charter. Jones also read from the audit report relative to checking out electrical supplies in the City warehouse. 4. Visitors: a. Mr. Richard Taliaferro, representing the Chamber of Commerce Committee, appeared relative to removing parking meters in the downtown area on a six month trial basis. A motion was made by Nelson, seconded by Jones that on November 1, 1967, parking meters be removed on a six month trial bas~s with details to be worked out with 4 MUNICIPAL BUILDING October 10, 1967 the City Manager prior to November 1, 1967. Motion carried. b. Mr. John Roady appeared relative to his request for payment for the construction of the Gordell Street bridge. Mr. Roady presented evidence relative to the payment by Mr. B. F. Daniels of $2,000 for the construction of the Gordell Street bridge and three other bridges. After considerable discussion, questions and answers, a statement was made by the City At[omey that the City could not be obligated for more than $500 for the construction of the Gordell Street bridge. A motion was made by Jones, seconded by Loveless that Mr. Roady consult with the City Manager, City Engineer and the City Attorney to determine if the City of Denton has a moral obligation to Mr. Roady and to report their findings to the Council. c. Mr. Eugene Wright appeared again relative to his request for paving of Greek, Nevada and Inca Streets in the Sequoia Park Subdivision. Mr. Wright requested help from the City for the completion of these streets, adding that property owners had already paid for street paving when their houses were purchased, and was confid,~t that the group did not feel that they should pay for paving of any portion of the street/~uestion. A motion was made by Loveless, seconded by Jones that property owners in question be requested to meet with the City Manager, Street and Bridge Superintendent, City Engineer, and the City Attorney to further explore the matter so that a recommendation could be made to the Council. Motion carried. d. Edell Price, resident of East Hickory Street, asked if the present street program in Southeast Denton would be affected if Oakland Avenue were opened. The Mayor advised Mr. Price that the Southeast Denton program would not be affected. $. Petitions: a. The petition of C. C. Smith requesting that the zoning classification of property described as City lot $.2, Block 4076, located on the south side of Highway 77, 600 feet east of Hinkle Road, be changed from the "R" Dwelling District to the "A-I" Dwelling District, which was tabled from the last regular meet~'ng, was discussed~ A motion was made by Jones, seconded by Loveless that the petition be approved. There were 3 "ayes", one'~o" and Nelson abstained. The motion failed since the Charter requires that four "ayes" are necessary for the Council to over rule the recommendation of the Planning and Zoning Commission. The City Secretary was then requested by Councilman Jones to ask for a roll call vote. On this vote Jones voted "aye", Loveless voted "aye", Whitson voted "no", Nelson abstained and Martin voted "aye". Therefore, no change in the voting. Mayor Martin suggested that Mr. Smith submit a petition to the Board of Adjustment and ask for a variance from the zoning ordinance. b. The petition of Harry Ray, requesting that the zoning classification of property described as City lots 3 through 7, 9 through 14, Block 419 and City lots 21 through 32, Block 412, further described as both sides of North Elm Street from College Street to University Drive, be changed from the "D" and "A-i" Dwelling District to the "LB" Local Business District, which was tabled from the last regular meeting, was discussed. Mr. Ray requested that the classification change be "LR" Local Retail. A motion was made by Jones, seconded by Nelson that the property be rezoned to "LR" Local Retail District. Motion carried. c. A public hearing was held on the petition of H. H. Miller requesting that the zoning classification of the property described as City lots 8 and part of 9, and 28 through 30, Block 496, further described as the property lying between Ponder and Fulton Streets and approximately 225 feet south of Congress Street, be changed from the Dwelling District to the "A-2" Dwelling District. After hearing proponents but no opposition, a motion was made by Whitson, seconded by Loveless that the petition be approved. Motion carried. MUNICIPAL BUILDING 6 51 October 10, 1967 d. A motion was made by Nelson, seconded by Whitson that the petition of ~ack Bell, requesting that the zoning classification of property described as City lot 19, Block 432, located on the northeast corner of Carroll and Congress Streets, be changed from the "D" Dwelling District to the "A-2" Dwelling District be referred to the Planning and Zoning Commission for its recommendation. Motion carried. 6. Resolution: The following resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 10TH DAY OF OCTOBER , A. D. 1967. RESOLUTION BE IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: On behalf of the people of the City of Denton, the Mayor and CiW Council hereby publicly express their sincere appreciation to Tom Noel for his valuable public service as a member of the City Commission of the City of Denton, Texas, from his election by the people in April of 1958, through his re-election in April of 1960, until his resignation effective August 12, 1961; and further for his continued dedicated service as a member of the Flow Memorial Hospital Board of Managers from April 24, 19/62, until his resignation effective September 26, 1967. The City Council and Mayor wish to express their gratitude for the tireless and outstanding manner in which he has performed these and many other public services, and further express their best wishes for his continued success as a community leader, and only regret that such a valuable citizen is retiring · - from this important Board. On behalf of the people he has served so well the City Council and Mayor direct and order that a copy of this Resolution be forwarded to him, the said Tom Noel. PASSED AND APPROVED this 10th day of October, A. D. 1967. /s/Zeke Martin Mayor, City of Denton, Texas ATTEST: /s/ Brooks Holt City Secretary, City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/[ack Q. Barton City Attorney, City of Denton, Texas A motion was made by Nelson, seconded by Whitson that the resolution be adopted. On roi1 call vote Loveless voted "aye", ~ones voted "aye", Whitson voted '%ye", Nelson voted "aye", Martin voted "aye". Motion carried. 7. A motion was made by Loveless, seconded by [ones that the Manager be instructed to contact the Texas & Pacific Railroad relative to the railroad paying the entire estimated cost of $42,000 for the construction of an underpass on East McKinney Street. Motion carried. 8. A motion was made by Loveless, seconded by ~ones to change the expiration date of the Flow Memorial Hospital Board of Manager~ terms to coincide with the expiration date of other City Boards and Commissions which is ~une 30, effective June 30 following present expiration dates. Motion carried. 9. A motion was made by Loveless, seconded by Jones that Denton citizens be invited to submit suggestions on the Master Plan to the City Engineer, Bob Pearce, and Mr. Pearce is to deliver such suggestions to Marvin Springer for study. Motion carried. 10. A motion was made by Loveless, seconded by Whitson that the County be authorized to pave an area between the County Building and the Community Building for parking purposes at the expense of the County. Motion carried. 6 MUNICIPAL BUILDING October 10, 1967 11. Councilman Loveless requested information as to building permits for college construction and parking requirements for college buildings. Mr. Pearce stated that building permits were taken out by the universities but that the same parking require- ments were not required for college dormitories as are required for private dormitories. Mr. Loveless also inquired concerning a structure that was starte~sbY George Reich on Bellemead Street without a building permit, asking if the building/to be torn down when a construction permit is denied by the Building Inspector. City Attorney Barton stated that construction is denied after an injunction is issued by the City, and that construction on Reich's building was stopped. 12. Mr. Bob Vaughn, city patrolman, asked for payment of hospital costs and doctor's fees for injuries that Mr. Vaughn claimed were service connected. A motion was made by Jones, seconded by Loveless that Patrolman Vaughn meet with the Civil Service Commission so that said Commission can make a determination as to whether or not the injury was service or non service connected and that such findings and recommendations be submitted to the City Council. The ms e ting adjourned at 10:35 p.m. ~*~ ~ C~ty Secretary MUNICIPAL BUILDING October 24, 1967 Regular meeting of the City Council, City of Denton, Texas, October 24, 1967, at 7:00 p.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, Warren Whitson, Jr., L. A. Nelson, Marvin Loveless, City Manager, City Attorney, City Secretary. Absent: Councilman J. T. Jones, Jr. 1. A motion was made by Whitson, seconded by Nelson that the minutes of the regular meeting of October t0, 1967, be approved. Motion carried. 2. Bids: a. Bid No. 67-50-9-- i[968 3/4 Ton Cab and Chassis with Utility Service Body -- A motion was made by Whitson, seconded by Loveless that the bid be awarded to Hudiberg Chevrolet of Fort Worth at a net bid of $1,703.42. Motion carried. b. Bid No. 67-53-9 -- Garbage Truck Bodies -- A motion was made byWhitson, seconded by Nelson that the bid be awarded to Davis Truck Parts of Dallas at a net bid price with trade of $3,580. Motion carried. c. Bid No. 67-54-9 -- 1968 Model Conventional Cab Truck Chassis --A motion was made by Loveless, seconded by Whitson that the bid be awarded to Bill Utter Ford Company at a net bid of $4,375. Motion carried. d. Bid No. 67-56-9 -- 1968 3/4 Ton Pick Up with Dump Body -- A motion was made by Nelson, seconded by Whitson that the bid be awarded to Bill Utter Ford Company at a bid of $2,090. Motion carried. e. Bid No. 67-57-10 -.- Community Building Office Furniture -- A motion was made by Loveless, seconded by Whitson that the bid be awarded to the low bidder, Kibler Office Supply, at a bid of $1,894.65. Motion carried. 3. Visitors: a. Mr. D. L. Ward, representing the Denton ~aycees, requested a proclamation declaring the month of November as Community Development Month. Mayor Martin read the proclamation and presented it to Mr. YVard. MUNICIPAL BUILDING October 24, 1967 4. Petitions: a. A motion was made by Whitson, seconded by Loveless that the petition of Wm. Able, et al, requesting that the zoning classification of property described as City bis 1 through 7, Block 139, located north of Roberts and east of Sauls Lane, containing 6.6 acres to be changed from the "R" Dwelling District to the "A-2" Dwelling District be referred to the Planning and Zoning Commission for its recommendation. Motion carried. 5. Ordinances: The following ordinances were presented: ORDINANCE NO. 67-37 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II /~.ND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS 8 AND 9 AND 28 THROUGH 30 OF CITY BLOCK 496 AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. A motion was made by Nelson, seconded by Whitson that the ordinance be adopted. On roll call vote Loveless voted "aye", Nelson voted "aye", Whitson voted "aye", Martin voted "aye". Motion carried. ORDINANCE NO. 67-38 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE 61-19, AND AS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS 3 THROUGH 7 AND 9 THROUGH 14 OF CITY BLOCK 4'19 AND CITY LOTS 21 THROUGH 32 OF CITY BLOCK 412 AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. A motion was made by Whitson, seconded by Nelson that the ordinance be adopted. On roll call vote Loveless voted "aye", Nelson voted "aye", Whitson voted "aye , Martin voted "aye". Motion carried. ORDINANCE NO. 67-39 AN ORDINANCE VACATING, CLOSING AND ABANDONING AS A PUBLIC STREET A PORTION OF AUSTIN AVENUE LYING BETWEEN MCKINNEY AVENUE AND PARKWAY AS SHOWN ON THE MAP OR PLAT OF SAID AREA RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS, SAID PORTION BEING FURTHER DESCRIBED HEREIN IN FULL, AFTER FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE ITS CONTINUED EXISTENCE, AND AFTER ASCERTAINING THE PUBLIC OPINION ON SUCH CLOSING AT A REFERENDUM ELECTION HELD PRIOR HERETO; AND DECLARING AN EFFECTIVE DATE. A motion was made by Loveless, seconded by Nelson that the ordinance be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Loveless voted "aye", Martin voted "aye" Motion carried. ORDINANCE NO. 67-40 AN ORDINANCE CANVASSING ELECTION RETURNS IN THE ELECTION HELD SATURDAY, OCTOBER 14, 1967, TO DECIDEA PROPOSITION REGARDING THE CLOSING OF A PORTION OF OAKLAND AVENUE, AND A PROPOSITION REGARDING THE CLOSING OF A PORTION OF AUSTIN AVENUE. MUNICIPAL BUILDING October 24, 1967 A motion was made byWhitson, seconded by Loveless that the ordinance be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. The results of the election are as follows: PROPOSITION NO. 1 FOR the ordinance prohibiting any extension or reconstruction of Oakland Avenue or any other street through the Civic Center. ............................................... 1575 votes AGAINST the ordinance prohibiting any extension or reconstruction of Oakland Avenue or any other street through the Civic Center... .................................................. 1053 votes PROPOSITION NO. 2 FOR an ordinance closing that portion of Austin Street north of McKinney which is within the land described in the contract of sale to the Federal Government for purposes of constructing a new Post Office Facility .......................... 2215 votes AGAINST an ordinance closing that portion of Austin Street north of McKinney which is within the land described in the contract of sale to the Federal Government for purposes of constructing a new Post Office Facility ................................. 405 votes ORDINANCE NO. 67-41 AN ORDINANCE SUSPENDING THE OPERATION OF CERTAIN PARKING METERS IN THE VICINITY OF THE CENTRAL BUSINESS DISTRICT FOR A PERIOD OF - SIX MONTHS BEGINNING NOVEMBER 1, 1967. A motion was made by Nelson, seconded by Loveless that the ordinance be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. 6. New Business: a. A petition, containing 175 signatures, requesting a leash law was presented to the Council. The matter was discussed at length and Councilman Loveless requested the City Attorney to advise the Council what procedure was necessary in preparing a leash law. The meeting adjourned at 8:30 p.m.,.~ ~r '~:' ~//~ '~/~~' City Manager MUNICIPAL BUILDING ~ ~ November 9,1967 Special meeting of the City Council, City of Denton, Texas, Thursday, November 9, 1967, at 9:30 a.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, Warren Whitson, Ir., L. A. Nelson, Marvin Loveless, I. T. Iones, Ir., City Manager, City Attorney, City Secretary. 1. Ordinance: The following ordinance was presented: ORDINANCE NO. 67-42 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON THE QUESTION OF THE ADOPTION OF A ONE PER CENT (1%) LOCAL SALES AND USE TAX WITHIN THE CITY; DESIGNATING THE DAY OF THE ELECTION AND THE POLLING PLACE; APPOINTING ELECTION OFFICIALS THEREFOR; PROVIDING THAT ALL DULY QUALIFIED RESIDENT ELECTORS SHALL BE QUALIFIED TO VOTE; PRESCRIBING FORM OF BALLOT; PROVIDING FOR NOTICE OF ELECTION; CONTAINING OTHER PROVISIONS RELATING TO SAID ELECTION; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. A motion was made by Nelson, seconded by Whitson that the ordinance be adopted. On roll call vote Loveless voted "aye", [ones voted "aye", Whitson voted "aye", Nelson voted "aye", Martin voted "aye" Motion carried. 2. A motion was made by Whitson, seconded by [ones that the attorney be instructed to prepare an ordinance for a bond issue election for both revenue and general obligation bonds, the election be held December 9, 1967, in the Community Building. Motion carried. The meeting adjourned at 9:40 a.m. City Manager ' MUNICIPAL BUILDING November 14, 1967 Regular meeting of the City Council, City of Denton, Texas, Tuesday, November 14, 1967, at 7:00 p.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, Warren Whitson, ~r., L. A. Nelson, Marvin Loveless, ~. T. ~ones, ~r., City Manager, City Attorney, City Secretary. 1. A motion was made by Whitson, Seconded by ~ones that the minutes of the regular meeting October 24, 1967, and the special meeting of November 9, 1967, be approved. Motion carried. 2. Bids: a. Bid No. 67-58-11 -- Ditching Machine -- A motion was made by Whitson, seconded by ~ones that the bid be awarded to Berry Brothers at a bid of $24,500. Motion carried. b. Bid No. 67-59-10 -- Loader-Backhoe -- A motion was made by ~ones, seconded byNelson that the bid be a~warded to the low bidder, Clovis George Tire Company, at a price of $7,390. Motion carried. c. Bid No. 67-60-10 -- 4 to 6 Ton Tandem Roller--A motion was made by Whitson, seconded by Iones that the bid be awarded to Conley-Lott-Nichols at a low bid of $4,855. Motion carried. i. Bid No. 67-67-11--Crushed Stone for Hospital--A motion was made by Loveless, seconded by ~ones that the bid be awarded to Gilford Hill & Company at a low bid of $2 per ton, F.O.B. ~obsite, City of Denton, Texas. Motion carried. 7O MUNICIPAL BUILDING N'ovember 14, 1967 d. Bid No. 67-61-].0 -- Tractor Towed Road Broom -- A motion was made by Jones, seconded by Nelson that the bid be awarded to Brown & Ferri s Machinery Company at a bid of $1,400.00. Motion carried. e. Bid No. 67-62-11 -- Asphalt Towed Paving Machine -- A motion was made by Jones, seconded by Nelson that the bid be awarded to Layton Products at a bid of $3,120, without trade. Motion carried. f. Bid No. 67-63-].1 -- Boring and Ins~talling Casing -- A motion was made by Whitson, seconded by Nelson that the bid be awarded to Road Boring and Tunneling Company, Inc. at a bid of $19 per linear foot which is the overall low bid. Motion carried. g. Bid No. 67~65-11 -- The manager requested the Council to reject all bids and attempt to negotiate. A motion was made by Jones, seconded by Whitson that the recommendation of the City Manager be accepted. Motion carried. h. Bid No. 67-66-i[1 -- Hot Mix Hot Lay Asphaltic Concrete -- A motion was made by Loveless, seconded by Jones that the bid be awarded to Public Construction Company at a bid of $5 per ton F. O. B. plant and/or $5.45 per ton, F. O. B. City job. Motion carried. j. Bid f~r~Two Million Gallon Elevated Water Tank -- A motion was made by Whitson, seconded by Nelson that. the bid be awarded to Pittsburg-Des Moines Steel Company at a low bid of $318,000, subject to confirmation by the Public Utility Board. Motion carried. 3. Visitors: a. Mr. Marion Smith, local Scout Master, requested utilities to scout hut now located in Evers Park. Mr. Smith stated that the scouts could provide a septic tank, but water and electricity would be needed. A motion was made by Loveless, seconded _ by Jones to authorize the City Manager to extend water and electric facilities to the scout hut. Motion carried. 4. Petitions: a. Case ~Z1008 -- A motion was made by Whitson, seconded by Jones that the petition of Royce Whitten, requesting that the zoning classification of property described as City lot 2, Block 3025, located between West Oak and West Hickory Streets east of Bonnie Brae and West of Thomas Street, be changed from the "R" Dwelling District to the "A-2" Dwelling District be referred to the Planning and Zoning Commission. Motion carried. 5. Resolution: The following resolution was presented: AT A REGULAR MEETING OF THE CITY GOUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14TH DAY OF NOVEMBER, A. D. 1967. RESOLUTION BE IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS. ' On behalf of the people of the City of Denton, the Mayor and City Council hereby publicly express their sincere appreciation of Philip M. Brown for his act of heroism in notifying the Police Department of the armed robbery in progress at the Piggly Wiggly Store at Locust and University Drive on October 20, 1967. This act of courage in the face of real and present danger prevented the completion of the act of robbery, and caused the criminal to be apprehended at the scene of the crime. The Mayor and City Council wish to extend their personal and genuine thanks for such an outstanding act of courage displayed by Philip M. Brown, which showed his interest and concern for his fellowman, and his respect for law. MUNICIPAL BUILDING '~ November 14, 1967 It is ordered and directed that a copy of this Resolution be forwarded to him, the said Philip M. Brown, as a reminder that this act of bravery does not go unnoticed. PASSED AND APPROVED this 14th day of November, A. D. 1967. /s/ Zeke Martin Mayor, City of Denton, Texas ATTEST: /s/ Brooks Holt City Secretary, City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/Jack Q. Barton City Attorney, City of Denton, Texas A motion was made by Loveless, seconded by Whitson that the resolution be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Jones voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. 6. A motion was made by Jones, seconded by Loveless that a resolution be prepared commending D. R. Carter, police reserve officer, who assisted in the arrest of an armed robber at Piggly Wiggly No. 2. 7. New Business: a. A motion was made by Jones, seconded by Nelson to approve the Supplemental Tax Roll, 1966. Motion carried. 8. Ordinances: The following ordinance was presented: ORDINANCE NO. 67-43 CALLING AN ELECTION RELATIVE TO THE ISSUANCE OF ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS AND RELATIVE TO THE ISSUANCE OF STREET AND DRAINAGE GENERAL OBLIGATION BONDS. A motion was made by Whitson, seconded by Nelson that the ordinance be adopted. On roll call vote Nelson voted "aye", Whitson voted aye", lones voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. 9. Councilman Loveless requested the Manager to arrange a meeting with the railroad officials to discuss the proposed underpass on East McKinney Street. The meeting adjourned at 8:20 p.m. MUNICIPAL BUILDING November 15, 1967 Special meeting of the City Council, City of Denton, Texas, Wednesday, November 15, 1967, at 10:00 a.m. in the Municipal Auditorium. Present: Mayor Zeke Matin, J. T. Jones, L. A. Nelson, City Manager, City Attorney, City Secretary. Absent: Councilmen Loveless and Whitson 1. Mr. Frank Medanich, First Southwest Company, representing the City of Denton, opened and read bids for the City of Denton General Obligation Bonds, Series 1967, in the amount of $600,000 in compliance with Section 9.02 and Section 9.04 of the City Charter, City of Denton. He advised that the bids for the above mentioned bonds had been tabulated MUNICIPAL BUILDING Novemberl 5, 1967 and he found that the bid by Florida National Group of Banks of the State of Florida was the lowest bid with an effective interest of 4.24% and he recommended acceptance. The following ordinance was presented: ORDINANCE NO. 67-44 ORDINANCE ,AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS A motion was made by ~ones, seconded by Nelson that the ordinance be adopted. On roll, call vote Nelson voted "aye", Jones voted "aye", Martin v. oted "aye".~ ~4otion carried. The meeting adjourned at 10:55 a.m. ~,._~.~ ~ / ~ " ~. M~or City ~na~e-r ~d~ MUNICIPAL BUILDING November 28, 1967 Regular meeting of the City Council, City of Denton, Texas, Tuesday, November 28, 1967, at 7:00 p.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, Warren Whitson, ~r., L.A. Nelson, Marvin Loveless, ]'.T. ~ones, ~r., City Manager, City Attorney, Acting City Secretary. Absent: Brooks Holt, City Secretary l. A motion was made by ~ones, seconded by Nelson that the minutes of the regular meeting of November 14, 1967, and the special meeting of November 15, ]967, be approved. Motion carried. 2. Bids: a. Bid No. 67-64-11--Tires and~Ihbes, Recaps and Batteries -- The City Manager recommended that the bid be held over until the next regular meeting for further investigation of the bid. ~ b. Bid No. 67-55-9 -- 1968 Cab and Chassis and Repair Bed --A motion was made by Whitson, seconded by Loveless that the bid be awarded to Bill Utter Ford on a low bid of $2,785 as recommended by the City Manager. Motion carried. 3. Visitors a. Mr. E. L. Burgamy, 1903 Spring Valley Road, requested the City Council to help the property owners in the Spring Valley Addition obtain city utilities, paved streets and fire hydrants. ~ack Barton, City Attorney, advised that Mr. Bill Lynch, who owns the subdivision, had not dedicated the streets in this area, and that Until they were dedicated, the City could not start a paving program. The City Attorney suggested a meeting with Mr. Lynch and property owners to see if each abutting property owner would grant a 10 ft. easement and if Mr. Lynch would grant a 30 ft. easement for street and utilities purposes so that the City could initiate a paving program. Mr. Nelson stated that the only way the City could help these people would be under the regular assessment program. Utilities and fire hydrants were also discussed. November 28, 1967 A motion was made by [ones, seconded by Loveless that Mr. Bill Lynch, developer be contacted, and if he refused to meet his subdivision obligations, try to find means to help the residents, and that the City Attorney recommend means to expedite the matter. Motion carried. In discussing the above matter, it was suggested that the Manager recommend methods to assist Spring Valley residents. Nelson stated that residents should pay costs of water and sewer, but electricity be extended by the City, and that paving be under the paving assessment program. The City Manager suggested that three representatives of Spring Valley, and Mr. Lynch meet with City officials to see if an agreement could be reached. The council concurred. b. Mr. Bill Darwin, Vice President of Acme Brick Company, submitted a request for a permit to run gas lines under certain City streets and alleys to serve their local plant in Denton. Mr. Darwin requested that the matter be voted on at this meeting due to the deadline his company faced. Mr. ~ohn Perryman, representing Lone Star Gas Company, expressed his appreciation for being notified of the request, and asked that action be postponed to give his company time to prepare a presentation. Councilman Whitson asked Mr. Perryman if the Council postponed action until the next regular Council meeting, would Lone Star Gas Company be ready to act on this matter. Mr. Darwin agreed to defer the request until the next Council meeting for a decision but stressed that his company must have a decision at that time. A motion was made by Loveless, seconded by ~ones that action be postponed to the next regular Council meeting. Motion carried. 4. Resolutions: The following resolution was presented. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 28TH DAY OF NOVEMBER, A.D. 1967. RESOLUTION BE IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: On behalf of the people of the City of Denton, the Mayor and City Council hereby publicly express their sincere appreciation of Don R. Carter, for his participation as a member of the Police Emergency Reserve in the apprehension of a criminal in the act of committing armed robbery at the Piggly Wiggly store located at Locust and University Drive, on October 20, 1967. This act of courage in the face of real danger prevented the completion of the robbery, and, even though acting in the line of duty, the said Don R. Carter was then and there a civilian volunteer, working without pay to assist the regular police force of the City, which assistance is at all times appreciated and serves a definite need. The Mayor and City Council wish to extend their sincere thanks for such act of duty, and for following the example of the regular officers of the city of Denton then and there present, in displaying great courage. It is ordered and directed that a copy of this Resolution be forwarded to him, the said Don R. Carter, as a token of our appreciation. PASSED AND APPROVED this 28th day of November, A. D. 1967. /s/Zeke Martin Mayor, City of Denton, Texas ATTEST: /s/ Brooks Holt City Secretary, City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/Jack Q. Barton MUNICIPAL BUILDING November 28, 1967 A motion was made by Jones, seconded by Loveless that the resolution be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Loveless voted "aye", Jones voted "aye", Martin voted "aye". Motion carried. .5. Ordinances: The following ordinance was presented: ORDINANCE NO. 67-46 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENT)N, TEXAS. A motion was made by Whitson, seconded by Jones that the ordinance be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Loveless voted "aye", [[ones voted "aye", Martin voted "aye". Motion carried. 15. New Business: a. A motion was made by Jones, seconded by Nelson that JerryA. Garrett ]se appointed as Corporation Court Judge for the City of Denton. Motion carried. The oath of office wa s administered to Jerry A. Garrett. b. A motion was made by Loveless that the City Council, in cooperation with the County Commissioners Court, appoint a City-County Library Board. Incorporated in this motion, to include that this Board consist of no less than :seven members and no more than nine members, one member of this Board to be appointed from the membership of the City Council and one member from the County Commissioner's Court. And in the interest of the Library and time, that Mr. ~. T. Jones, Jr. be appointed to serve with a member of the Commissioner's Court to present jointly to the City Council and the County Commissioners, the names of those persons to constitute this Board. This effort to be presented and jointly approved by these two governmental bodies not later than December 12, 1967. The ]notion was seconded by Whitson. Motion Carried. c. A motion was made by Loveless, seconded by Jones that since the County has notified the City that they will continue for one year their participation J[n the joint Civil Defense Center on the basis of a contribution of $5,000, but no more, and since the budget for this Center is based on City one-fourth, County one- fourth and the Federal Government one-half, that the City Council must of necessity review the budget for this department since the budget as adopted by the City totaled $29,000. And until this review is c. ompleted, no expenditure of funds under the present budget be made in addition to those for which we are now obligated, and that none of the existing vacancies be filled and no expenditures for equipment be made. Motion carried. d. Councilman Loveless stated that he had been concerned on some budget items and said the following motion was being made to try to strengthen communications. A motion was made by Loveless, seconded by Jones that all out of State or overnight travel, except that on police business, be approved in advance by the Council, and all' expense items of whatever nature, including that of police, be itemized and listed in the annual audit. Motion carried. e. A motion was made by Loveless, seconded by Jones that all advertising paid for by the City be authorized in detail by the Council in advance except the required legal advertising andthat the auditors making the annual audit of City affairs itemize and list in the annual audit report all advertising paid for by the City. Motion carried. f. A motion was made by Loveless, seconded by Jones that the advertising firm handling the spending of the $40,000 heretofore allocated to industrial development of the City be requested to furnish to the City a detailed breakdown of the expenditures of such funds for the past two years, this to include the amounts spent and the recipients of such amounts, this itemization to be included in the annual audit report, and such a continuous itemization and prior authorization be continued in any future expenditures. Motion carried. MUNICIPAL BUILDING November 28, 1967 g. A motion was made by Loveless that in preparing the budget, the City Manager shall show the expenditures for each item in separate columns for the two previous years and for the current year, with the recommended appropriation in a fourth column. The salary schedule shall be shown as part of the departmental budget,in similar manner,, but carried as a separate listing, showing the name of the individual, the __ position, and the salary for each year. After the Budget is approved any changes in salaries or personnel shall be approved by the City Council before being put into effect by the Finance Office. The salary totals of each department as approved in the budget shall be set up for such salaries only, so that in the event other departmental funds are exhausted the 'sum total for salaries will not be reduced in meeting expenses other than salaries. All positions and the names of all employees must be approved by the Council before being placed on the payroll. Only casual labor, such as hourly or day labor, to be paid from funds labeled for such purposes, may be employed in exception of the above provision. The Finance Officer is charged with the enforcement of this provision ' All departmental transfers of funds must be approved by the Council before such transfers are made. The Finance Office shall refuse to pay any account for which funds are not available. On no account may payments be made in excess of the funds available, in the expectation that at a future date a supplemental appropriation will be authorized. Items not included in the original budget requests and appropriations must first be specifically approved by the Council, and funds provided, before such items are undertaken. Budget recommendations of the City Manager will be submitted to the Council for consideration before any public announcem~.nt is made by the Manager. All public announcements concerning the budget will be made by the Council or on its authorization. Recommendations by the City Manager concerning the commencing date of any public improvement program, or sale of bond issues already authorized, shall be made to the Council b~rre any public announcement of such dates is made, and such announcement shall be made only on the authorization of the Council, as it is the duty of the Council, and not the City Manager, to determine such dates, nor shall such improvement programs be commenced without public announcement. Councilman Whitson suggested since the motion was so long, a copy of the motion be made and mailed to the City Councilmen for study, and that discussion of the motion be made at the next regular meeting. The motion died for lack of a second. The meetingadjournedat 9:00p.m.~ City Secretary MUNICIPAL BUILDING December 19, 1967 Special meeting of the City Council, City of Denton, Texas, Tuesday, December 19, 1967, at 7:00 p.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, WarrenWhitson, Jr., J. T. Jones, Jr., L. A. Nelson, Marvin Loveless, City Manager', City Attorney, Acting City Secretary. Absent: Brooks Holt, City Secretary 1. Motion was made by Whitson, seconded by Jones that the minutes of the regular meeting of November 28, 1967, be approved, emotion carried. 2. Bids: a. Bid No. 67-64-11 -- Tires and Tubes, Recaps and Batteries -- A motion was made by Whitson, seconded by Jones that the bid for tires, tubes and recaps be awarded to Goodyear Company and that batteries be awarded to Sam Laney Tire Company on a low bid as recommended by the City Manager. Motion carried. b. Bid No. 67-68-12 -- 1968 4 door Station Wagon -- The City Manager recommended that the bid be awarded to Bill Utter Ford Company. This company was not low bidder, but low bidder did not meet specifications. Specifications called for a 119 inch wheelbase and Williams Motor Company, the low bidder, bid on a 118 inch wheel- base. A motion was made by Loveless, seconded by Jones to award the bid to low bidder, Williams Motor Company, even though this bid did not meet specifications. Councilman Whitson stated that there was only $17 difference in the two bids and he felt that all vehicles should be kept uniform and that specifications should be met on all bids. Councilman Nelson stated that one inch is not much difference, but he felt that the Council had to adhere to specifications. Councilman Loveless suggested that specifications be revised so that bids for vehicles would not be so technically restricted. Councilman Loveless withdrew his motion with the consent of Councilman Jones and made the suggestion that action be deferred on this until a conference could be held with automobile dealers in Denton to draw up specifications which would make it possible for all dealers to meet specifications in order to be fair to everyone. The Council concurred with this suggestion. Mr. Bill Utter stated that bid policies allowing people to bid below specifications should not be changed. He suggested that the specifications should state that the bid guarantee products will meet or exceed specification identified in the specifications. Mr. Julius Lile, American Motor Company, stated that even though the Ambassador had a 118 inch wheelbase, it was not considered a compact car. Councilman Jones inquired as to whether the Department of Public Safety had purchased any of these cars. Mr. Lile stated that the State had not purchased these cars. A motion was made by Loveless, seconded by Jones that the bids for all vehicles be postponed for study. Motion carried. : c. Bid No. 67-73-i[2 -- Road Gravel -- A motion was made by Jones, seconded by Whitson that the bid .for road gravel be awarded to Bobby Farmer Sand and Gravel Company with the understanding that the product be tested and meet specifi- cations before any payment be made as recommended by the City Manager. Motion carried. 3. Visitors: a. Mr. Bill Darwin, Vice President of Acme Brick Company, introduced Mr. D. O. Tomlin, President of Acme Brick Company. Mr. Tomlin*stated that Acme Brick Company appreciated the consideration given the request of his company to run a gas pipeline under certain City streets and alleys. MUNICIPAL BUILDING ~ December 19, 1967 Mr. Darwin reviewed the request of Acme Brick and asked for a vote indicating the intent of the Council. Mr. L. B. Hulcy, Vice President of Lone Star Gas Company, stated to the Council that his company opposed the request of Acme Brick Company. He stated that granting this request would not be in the best interest of all Denton citizens and that this competition was unfair to the citizens because the gas rates would reflect this loss of business. Councilman Loveless read an editorial published in the Denton Record Chronicle relative to free enterprise. A motion was made by Loveless, seconded by ~ones, that the Council grant this request of Acme Brick Company, and instructed the City Attorney to draw up an ordinance to be submitted at the next two regular Council meetings. Councilman Whitson stated that the Council certainly appreciated Acme Brick as an industry in Denton, and that .he could certainly understand how Acme felt, but by the same token Lone Star Gas had been granted a franchise to operate in the City of Denton and serve the citizens of Denton and allowing Southwestern Gas to operate in Denton could cause the rates of Denton citizens to be increased. Motion carried three to two, with Councilmen Iones, Loveless and Martin voting "aye ", Councilmen Whitson and Nelson voting "no". Motion carried. Mr. Hulcy stated that Lone Star Gas felt that the people should have an opportunity to express themselves. b. Dr. Ft. W. Kamp, ~r. presented a letter, signed by a group of citizens supporting the Charter, relative to the motion made by Councilman Loveless at a previous meeting regarding budgetary procedures. Councilman Loveless stated that he was strongly in favor of the Council-Manager form of government, but that some opposition to this form of government still exists in Denton and requested Dr. Kamp to meet with him to discuss this further. c. Dr. H. E. Roberts presented a copy of the Denton Record Chronicle dated [une 13, 1967, with headlines reading that a petition signed by 1,000 citizens requested a check of City finances, and that the City engage an auditing firm to see if money had been spent as it had been intended. d. Mr. Frank Medanich, First Southwest Company, presented bond schedules to the City Council for the sale of bonds January 23, 1968. A motion %vas made by Loveless, seconded by Jones to authorize the advertisement for Notice of Sale of Bonds for $1,000,000 , General Obligation Bonds and $1,000,000, for Electric Revenue Bonds. On roll call vote Nelson voted "aye", ~Vhitson voted "aye", Jones voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. 4. Petitions: a. Case Z1006 -- A public hearing was held on the appeal of Iack Bell's zoning petition requesting that the zoning classification of property described as City lot 19, Block 432, located at 418 Congress Street be changed from the "D" Dwelling District to the "A-2" Dwelling District. ~ack Bell spoke in favor of the petition and submitted a letter agree'i~ig to meet with the City Council to see how much of this property would be needed for street right of ~vay, and that he would build no structures on this property designated for future right of way. George Ritter, representing Mrs. I. E. McCrary and several other adjacent property owners, stated that the property owners opposed the zoning change because Congress Street was narrow and a traffic hazard now exists and to change the zoning of this property would create more hazardous conditions in this area. A motion was made by ~ones, seconded by Nelson that the petition be tabled until the right of way problems can be worked out. Motion carried. b. Case Z1007-- The appeal of Ruby SaulsAllen, et al, was postponed as requested by the petitioner. MUNICIPAL BUILDING December 19, 1967 A motion was made by Iones, seconded by Loveless that the petition be tabled, and that it be the responsibility of the petitioner to return this to the agenda within the required 30 day period. Motion carried. c. A motion was made by Nelson, seconded by Jones that the following zoning petition be referred ~o the Planning and Zoning Commission: 1. Case Z1009 -- The petition of Jack Bell, et al, requesting that the zoning classification of property described as 3105 to 3211 Fort Worth Highway be changed from the "R" Dwelling District to the "LI" Light Industrial District. 2. Case Z1010 -- The petition of Bill Lynch requesting that the zoning classification of property located at 3015 and 3115 West University Drive be changed from the "R" Dwelling District to the "LB" Local Business District. 3. Case Z1011 -- The petition of Harry Down requesting that the zoning cla s sification of property located north of the third extension of North University Place Addition be changed from the "R" Dwelling District to the "D" Dwelling District. Motion carried. 5. Resolutions: The following resolutions were presented: AT A SPECIAL MEETING OF THE CI2~ COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 19th DAY OF DECEMBER, A.D. 1967. RESOLUTION WHEREAS, it has been brought to the attention of the City Council that lames Storrie, the Building Inspector of the City, remains at this time in good health, is sound of mind and body, and is capable of continuing his duties beyond the retirement age of 65; and, it is understood that James . Storrie desires to extend his retirement, agrees to this resolution, and that such extension is recommended by the City Manager: NOW, THEREFORE, BE IT RESOLVE[) BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT James Storrie is hereby authorized and permitted to extend his retirement from the City of Denton beyond his 65th birthday, and until the first day of June, 1968, if he so desires. PASSED AND APPROVED this 19th day of December, A. D. 1967. /s/ Zeke Martin, Mayor City of Denton, Texas ATTEST: /s/ Brooks Holt City Secretary, City of I~nton, Texas APPROVED AS TO LEGAL FORM: /s/Jack Q. Barton City Attorney, City of Denton, Texas MUNICIPAL BUILDING December 19, 1967 A motion was made by Whitson, seconded by Nelson that the resolution be adopted. On roll call vote Nelson voted "aye", Whitson voted '!aye", Jones voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE SAID CITY ON THE 19TH DAY OF DECEMBER, A.D. 1967. RESOLUTION WHEREAS, Fort Worth and Dallas have planned to build a truly modern airport, capable of handling all types of aircraft; and it is a fact that an airport without highways cannot effectively contribute to the economic growth of the area it is designed to serve; THEREFORE, in order to be assured there is a system of highways to adequately serve the Regional Airport; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: the City of Denton hereby officially requests and entreats the Texas Highway Commission to expedite the completion of a highway network capable of serving the said Regional Airport when it is open in January of 1972, and, in order to establish such a network the City of Denton desires to support the Dallas-Fort Worth Regional Airport Board Highway Committee in its request for the following ten-point program: 1. Construction of the north and south airport interchanges connecting the terminal road system; 2. Improvement to freeway status of State Highway 114 -- from the intersection of State Highway 183 to the west of Grapevine; 3. Improvement of Old State Highway 114 from Field Circle to O'Connor Road (at State Highway 114); 4. Improvement to freeway status of State Highway 121, Spur 350 and State Highway 183 eastward from Interstate Highway 820 to future interchange at junction of new State Highway 114; 5, Completion of Spur 348 to freeway status; 6. Extension of Interstate Highway 635 from Interstate Highway 35 to State Highway 114; 7. Improvement of State Highway 360 to Freeway status from State Highway 183 south to Abram Street, .Arlington, continuing south as an adequate facility to Interstate Highway 20; 8. Construction of a direct north and south connector route to the airport from State Highway 121; 9. Completion of said Highway 121 from Spun 350 north to State Highway 114; 10. Insure the completion of Interstate Highway 20 between Interstate Highway 820 and Interstate Highway 635. MUNICIPAL BUILDING December 19, 1967 BE IT FURTHER RESOLVED, THAT: the City of Denton respectfully requests the Texas Highway Commission to seriously consider this ten-point program, and prays that said Commission adopt and pursue same to completion as soQn as possible. PASSED AND APPROVED this 19th day of December, A. D. 1967. /s/ Zeke Martin Mayor City of Denton, Texas /s/Warren Whitson, ~r. /s/ L. A. Nelson /s/ ~. T. ~ones /s/ Marvin Loveless ATTEST: /s/Brooks Holt City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/~ack Q. Barton City Attorney, City of Denton A motion was made byWhitson, seconded by Nelson that the resolution be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", ~ones voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. RESOLUTION AND ORDER CANVASSING RETURNS AND DECLARING RESULTS OF SPECIAL ELECTION HELD IN THE CITY OF DENTON, TEXAS ON DECEMBER 9, 1967, ON THE QUESTION OF ADOPTION OF A ONE PER CENT (1%) LOCAL SALES AND USE TAX WITHIN SAID CITY. WHEREAS, there was held in the City of Denton, Texas, on the 9th day of December, 1967, an election at which there were submitted to the duly qualified resident electors of said City, for their action thereupon, the following propositions: FOR adoption of a one per c. ent (1%) local sales and use tax within the city. AGAINST adoption of a one per cent (1%) local sales and use tax within the city. and WHEREAS, there were cast at said election 1868 votes, of which number there were ca st; FOR adoption of a one per cent (1%) local sales and use tax within the city. 1452 votes AGAINST adoption of a one percent (1%) local sales and use tax within the city. 404 votes Majority FOR adoption of a one percent (1%) local sales and use tax within the city. 70.7 % of all votes as shown in the official election returns heretofore lawfully submitted to the City Council of the City of Denton, Texas, and filed with the City Secretary of said City; and ~REAS, only duly qualified resident electors of said City voted at said election, and said election was called and held in strict conformity with the laws of the State of Texas: NOW, THEREFORE, BE IT P~ESOLVED AND ORDERED BY TH~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. kfSNI ClPAL BUILDING December 19, 1967 That the election described in the preamble to this resolution and order was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that only duly qualified resident electors of the City of Denton, Texas voted at said election; that due returns of said election have been made by the proper officers; that said election resulted favorably to the proposition: FOR ADOPTION OF A ONE PERCENT (1%) LOCAL S~LESANDUSE TAX WITHINTHE CITY: and that a majority of the qualified voters of said City of Denton, Texas voting at said election, have voted in favor of approving and adopting a One Percent (1%) Local Sales and Use Tax within said City. SECTION II. That the City Council of the City of Denton, Texas, hereby officially and affirmatively declares that sai~.One Percent (1%) Local Sales and Use Tax within said City has been properly and lawfully adopted in accordance with the provisions of Article 1066c, Vernon's Texas Civil Statutes (Acts 1967, 60th Legislature, Regular Session, Chapter 36, Page 62). SECTION III. That the City Secretary is hereby authorized and directed to transmit to the Comptroller of Public Accounts of the State of Texas, in Austin, Texas, by United States Registered Mail, or by United States Certified Mail, a certified copy of this Resolution and Order Canvassing the Returns of Special Election, under the official seal of the City of Denton, Texas, showing the approval of said Local Sales and Use Tax by the qualified voters of said City, together with a map of said City, clearly showing the boundaries thereof as of the date of said election. PASSEDAND~LPPROVED this 19th day of December, 1967. /s/ ZekeY~rtin Y~yor City of Denton, Texas ATTEST: /s/ Brooks Holt City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/ Jack Q. Barton City Attorney City of Denton, Texas A motion was made by Jones, seconded by Nelson that the resolution be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Jones voted "aye", Loveless voted ."aye", Martin voted "aye". Motion carried. 6. Ordinances: The following ordinaces were presented: ORDINANCE NO. 67-47 ORDINANCE CANVASSING ELECTION RETURNS A motion was made by Whitson, seconded by Nelson that the ordinance be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Jones voted "aye", Loveless voted "aye", Martin voted'bye". Motion carried. ORDINANCE NO. 67-48 ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF GENERAL OBLIGATION BONDS Proposition II-Street & Drainage General Obligation Bonds --$2,S00,000 1416 votes f~r 389 votes a~alnst A motion was made by Whitson, seconde~ by Nelson that the ordinance be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Jones voted "aye", Loveless voted "aye", Matin voted "aye". Motion carried. ORDINANCE NO. 67-49 ORDIN~d~CE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF ELECTRIC REVENUE BONDS Proposition 1--Power System Revenue Bond. s-- $15,000,000 1380 votes for 426 votes against MUNICIPAL BUILDING December 19, 1967 A motion was made by Whitson, seconded by Nelson that the ordinance be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Jones voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. ORDINANCE NO. 67-50 AN ORDINANCE A~NDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, ADDING AN EXCEPTION TO %HE RESIDENCE REQUIREMENTS OF CITY OFFICERS AND EMPLOYEES: AND DECLARING AN EFFECTIVE DATE. A motion was made by Whitson, seconded by Loveless that the ordinance be adopted. ' On roll call vote Nelson voted "aye", Whitson voted "aye", Jones voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. 7. New Business: a. The City Manager explained the changes requested in the Airport Contract. A motion was made by Whitson, seconded by Jones authorizing the Mayor to sign the contract. Motion carried. b. The City Attorney, Jack Barton, presented the request of Bob Crouch, et al, for a quit claim deed for property located between Oak Street and Hickory Street. A motion'was made by Whitson, seconded by Loveless that the request be referred to the Planning and Zon~ Commission for its recommendation. Motion carried. c. A motion was made by Loveless, seconded by Jones that the City discuss Flow Memorial Hospital's request for paving of the emergency drive with the County Commissioners. Mr. Jerry Smith, Administrator for Flow Hospital, requested that this be completed as soon as possible since this was an emergency drive. Dr. David Thomas stated the emergency entrance was impossible to use and that the emergency room would be ready for use in approximately three weeks. The Council instructed the City Manager to meet with the County Commissioners to get this emergency drive finished as soon as possible. Motion oarried. d. A motion was made 'by Whitson, seconded by Nelson that the Mayor be authorized to sign the contract with J.L. Bertram Construction and Engineering Company, Inc. for the drainage project. Motion carried. e. A motion was made by Loveless, seconded by Whitson to approve the October statement of NorsworthyMercer, Inc. and that payment be made in the amount of $1,914.56 for advertising work done through the Municipal Utilities Program. Motion ca~ied. f. A motion was made by Whitson, seconded by Nelson that the City Attorney's report and recommendation for workmen's compensation be postponed until the next meeting. Motion carried. g. City Manager, Jack. Reynolds, requested permission to ask Peat, Marwick, Mitchell & Co., to help design a program for the installation of the IBM 360 Model 20 computer. The cost of this is not to exceed $2,000 which includes expenses to assure the smoothness of the transition. A motion was made by Loveless, seconded by Jones that this study be approved. Motion carried. h. A motion was made by Jones, seconded by Nelson authorizing Mayor Zeke Martin, City Manager Jack Reynolds, Director of Finance Jack Kirkpatrick and Frank Medanich of First Southwest Company to make a trip to New York to obtain bond ratings prior to the sale of revenue~ and general obligation bonds. Motion carried. i. City Manager presented a full page Christmas advertisement for the Municipal Utilities to be run in the Denton Record Chronicle. A motion was made by Loveless that ~his Christmas adw~rtisement be disapproved. Mr. Alton Donsback inquired as to the provision of the Charter for the City Manager to approve advertising. He asked the City Attorney for an opinion. The City Attorney stated that the charter did not state this either way. Councilman Loveless' motion died for a lack of a second. A motion was made by Jones, seconded by Whitson tb~t the meeting be adjourned. Motion carried. ,e~'p j~ ~/~ _ ..~._, The meeting adjourned at 10:45 ~,~ ~=~/~-~ MUNICIPAL BUILDING ~ ~ January 9, 1968 Regular meeting of the City Council, City of Denton, Texas, Tuesday, January 9, 1968, at 7:00 p.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, Jo To Jones, Jr., Warren Whitson, Jr., L. A. Nelson, Marvin Loveless, City Manager, Gity Attorney, Director of Community Development, City Planner, City Secretary. 1. A motion was made byWhitson, seconded by Jones that the minutes of the special meeting of December 19, 1967, be approved. Motion carried. 2. Bids: a. Bid No. 67-68-12 -- 1968 4-door Station Wagon--A motion was made by Loveless, seconded by Jones that the bid be awarded to Williams Motor Company of Denton at a low bid of $1,823.41 with trade. Motion carried. b. Bid No. 67-71-12 -- Seven 1968 Police Cars --A motion was made by Whitson, seconded by Nelson that the bid be awarded to Bill Utter Ford Company of Denton at a bid of $10,960 with trade and meeting the City of Denton's specifications. Motion carried with Jones abstaining. (Williams Motor Company's bid was $3,698.48 under that of Bill Utter Ford Company, but vehicles did not meet City of Denton's specifications.) Loveless voted "no". ~ 3 Mayor Martin requested that the City Manager list streets in Southeast Denton that ~D ' were and could be placed under the Street Assessment Program. He added that 50To of the cost of paving be paid by the City and 50% by the property owners, and that 60To of the City's cost be paid from the 1964 bond issue and 40%'be paid from the recently passed City sales tax. He also stated that the property owner could have a five year period to pay his share of the cost with no interest charges. A motion was made by Martin, seconded by Loveless that this recommendation be approved. Motion carried. '~ 4. Visitors: a. Mr. John F. McCarthy, 'Assistant General Counsel of Lone Star Gas Company, requested that the Council make a thorough investigation before reaching a final decision on the request of Acme Brick Company to tie on to a line of Southwestern Gas Pipeline Company. Porter Henderson, 2515 Jamestown, and Edward R. Riley, TWU Professor, voiced concern over the affect of an ordinance approving Acme's request and asked that the request be denied. Bill Darwin, Vice President of Acme Brick Company, suggested that the Council inquire in other cities having industries that purchase gas from sources other thanthe franchised gas company. He stated that Denton's Acme'Plant had not been as profitable as it should be, partially due to cost of gas. A motion was made by Loveless, seconded by Jones that the ordinance be approved on this first reading. Nelson voted "no", Whitson voted "no", Jones voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. b. Mr. J. L. Coppedge, representing the Denton-Wise Soil and Water Conservation District, stated that signed agreementsfor fifteen projects have been submitted on the Hickory Creek watershed and that the two remaining projects in the northwest part of the City (Projects Number 16 andl7) have not yet been agreed to by the City Council. He added that if the City signs this agreement and later finds that funds are not available, the City would not be obligated to pay. He explained that all seventeen projects have been combined into one large project and with its completion, flooding conditions in Denton should be alleviated. A motion was made by Loveless, seconded by Jones that the Mayor and the City Secretary be authorized to sign said agreement if the City Attorney finds that the documents are in order. Motion carried. MUNICIPAL BUILDING January 9, 1968 5. Petitions: a. Casel Z1007-- A public hearing was held on the petition of Ruby Sauls Allen et al, requesting that the zoning classification of City lot 1-7, Block 139, further described als the City Block bordered by Roberts Street to the south, Sauls Street on the west,! Greenwood Drive on the north and Cherr~,w. ood Street on the " " ~ ' ' ' " ' ' ' ri t. st, be changed ~om the R Dwdhng District to the A-2 Dwelhng Dlst c ea After hearing propone' nts and six citizens of the area opposing the change, the Mayor closed the public ~earing. A motion was made by Whitson, seconded by Nelson that the petition be defied as recommended by the Planning and Zoning Commission. The motion carried wit] Loveless abstaining and Jones voting "No". b. Case Zl006--The Council considered the petition of ~ack Bell requesting that the zoning classification of property described as City lot 19, 432, located at 418 Congress Stre~ , be changed from the "D" Dwelling District to, the "A-2" Dwelling District. A motior was made by Love[ess, seconded by ~ones that the petition be approved for the ei~st 91 feet of the property fronting on Congress Avenue as recommended by the City Planne Motion carried. c. Cas~ Z1008--A public hearing was held on the petition of Royce WhirreD requesting that th~~ zoning classification of property described as City lot 2, Block 3025, be changed ~rom the "R" Dwelling District to the "A-2" Dwelling District. After hearing p. ropdnents but no opposition, a motion was made by ~ones, seconded by Loveless that the ~etition be approved as recommended by the Planning and Zoning Commission. Motion carried. (The Planning and Zoning Commission approved the zoning request with a con~ition that six feet (6') solid masonery wall be constructed along the north boundry lineiof the property.) The Council made it clear that egress and ingress to and from the property could be made at locations along this wall. d. Cas~ Z1009--A public hearing was held on the petition of Jack Bell, et al requesting that th~ zoning classification of property de~qr~ed as Tracts 3A-l, 3A, 5, 5A-l, 2F, 2C, 2D, Lots 6-10, Block 350-R, located at/~l~l and 3105 Fort Worth Highway be changed from tt~e "R" Dwelling District to the "LI" Light Industrial District. After hearing proponent~, but no opposition, a motion was made by Nelson, seconded by Whitson that the petition be approved as recommended by the Planning and Zoning Commission. Mo~ion carried. e. The !ollowing four petitions for change of zoning were referred to the Planning and Zonit~g Commission for its recommendations: 1. Case Z1012--The petition of Bill Lynch requesting that the zoning p~operty described as Tract 7, City Block 178/D and part of Tract lA, classification of Block 1003/D, locRted at 3015 and 3115 University Drive, be changed from the "R" Dwelling District lo the "LB" Local Business District. 2. I Case Z1013--The petition of Harry Down requesting that the zoning classification of property described as being the 24. 859 acres situated north of Auburn Street, ~est of the dedicated park site and a northerly extension of Bowling Green Street, soulh of the dedicated school site, and east of the western property line for the Down DevElopment Corporation, be changed from the "R" Dwelling District to the "D" Dwelling District. 3. Case Z1014--The petition of Bill Dunham requesting that the zoning classification of City lot 3.1, Block 376, further described as being located at the northeast cornsr of McCormick Street and Greenlee Street, be changed from the "R" Dwelling Dist.~ict to the "LB" Local Business District. 4. Case Z1015--The petition of Garland Warren, et al, requesting that the zoning classification of property described as City lots 1, 2.1 and 2, Block 377, and City lot 11, Blbck 377B, located on the south side of Stemmons Expressway and bordering on Gree~llee and McCormick Streets, be changed from the "R" Dwelling District to the "LB" Local ~usiness District. A motion was made by Loveless, seconded by Nelson that all four of the petitons be referred to the Planning an~ Zoning Commission. Motion carried. MUNICIPAL BUILDING January 9, 1968 6. Resolutions: The following resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 12TH DAY OF DECEMBER, A.D. 1967. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, That the attached personnel rules and regulations heretofore established pursuant to Ordinance No. 62-40 by the personnel officer of the City of Denton are hereby adopted, and shall be in full force and effect from this date. PASSED AND APPROVED this 12th 'day of December, A. D. 1967. /s/Zeke Martin ~ Mayor , City of Denton, Texas ~.~TTEST: ~fs/Brooks Holt [~City Secretary, City of Denton, Texas (.APPROVED AS TO LEGAL FORM: /s/ Jack Q. Barton City Attorney, City of Denton, Texas A motion was made by Whitson, seconded by Jones that the resolution be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Jones voted "aye", Loveless voted "aye" but requested that the Council study the possibility of changing the retirement age from 65 years to 70 years, Martin voted "aye". Motion carried. 7. New Business: a. The Council reviewed the tax roll of Real Estate and Personal Property in the corporate limits of the City of Denton, Texas, rendered for taxation for the year 1967, which recommends a City tax rate of $1.$0 per $100 valuation. The roll indicated a total of 20,613 accounts, a valuation of $61,589,918 and a total tax of $923,848.78. A motion was made by Loveless, seconded by ~ones that the tax roll be approved as recommended by the City Manager. Motion carried. b. A motion was made by Martin, seconded by Loveless that the Council hold a joint meeting with the County Commissioners before considering the revised Civil Defense Budget. Motion carried. c. A motion was made by Vffhitson, seconded by Jones to authorize the City Manager to proceed with the preparation and distribution of the annual report to citizens. Motion carried. d. The Council reviewed the statements of Norsworthy-Mercer, Inc., advertising agent, totaling $2,896.55. A motion was made by ~ones, seconded by Loveless to approve the payment of these bills. Motion carried. e. The Manager presented a proposed newspaper ad relative to the opening of Denton's newest industry, Brown and Sharpe. A motion was made by Jones, seconded by Nelson to approve the placement of this ad with the stipulation that an equal expenditure be spent with radio station KDNT. Motion carried. f. The City Managerrequested permission for the electrical distribution superin- tendent, two members of the Utility Board and himself to fly to Kansas City for consultation with Black & Veatch Engineering firm relative to electric distribution matters, and to interview prospects for the position of Director of Public Utilities for Denton. A motion was made by' Loveless, seconded by Jones to approve this request. Motion carried. MUNICIPAL BUILDING January 9, 1967 g. The City Manager requested authorization for necessary persons to attend a meeting in Austin on January 16, 1968, for a joint meeting between the Regional Airport Highway Committee and the Texas State Highway Commission. A motion was made by Jones, seconded by Nelson to approve the request . Motion carried. h. The City Attorney requested authorization to attend a Texas Water Law meeting in Laredo, Texas. A motion was made by Loveless, seconded by Jones that the request be authorized. Motion carried. i. A motion was made by Loveless,seconded by Jones that the City Attorney .-' be instructed to prepare an ordinance relative to workman's compensation. After considerabie discussion, Councilman Loveless withdrew his motion and Councilman Jones withdrew his second. The Council agreed to discuss the matter at the next regular . meeting. The meeting adjourned at 10:05 p.m. /~ _~c-~_/ / ' . -~ / / - Mayor Gi~y Secretaw MUNICIPAL BUILDING January 23, 1968 Regular meeting of the City Council, City of Denton, Texas, Tuesday, January 23, 1968, at 7:00 p.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, J. T. Iones, Jr., Warren Whitson, tr., L. A. Nelson, Marvin Loveless, City Manager, City Attorney, Acting City Secretary. Absent: City Secretary. 1. A motion was made by Loveless, seconded by Jones that the minutes of the regular meeting of January 9, 1968, be approved. Motion carried. 2. Vi sitor s: a. Mr. Gene Wright, representing residents of Sequoia Park Subdivision, appeared relative to paving of Creek, Nevada and Inca Streets. He stated that a meeting had been held between Mr. Boyd, the subdivider, City Manager and City Attorney, and that Mr. Boyd felt his responsibility had been fulfilled according to his agreement with the' City. Mr. Boyd stated that the agreement was that he, as subdivider, would install curb and gutter and base material and the City would top the street. Councilman Nelson suggested that cost estimates and. a map of the subdivision be available at the next regular meeting. 3. Ordinance s: The following ordinances were presented: ORDINANCE NO. 68-1 AN ORDINANCE AMENDING THE ZONING MAP O~ THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER '13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWN AS LOT 19, BLOCK 432, AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. A motion was made by Nelson, seconded by Jones that the ordinance be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Jones voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. January 23, 1968 ORDINANCE NO. 68-2 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWNAS TRACTS 3A-l, 3A, 5, 5A-l, 2F, 2C, 2D, and LOTS 6 THROUGH 10 OF CITY BLOCK 350-R AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. A motion was made by Nelson, seconded by Loveless that the ordinance be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", ~ones voted "aye", Loveless voted "aye , Martin voted "aye". Motion carried. ORDINANCE NO. 68-3 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOT 2.1 OF CITY BLOCK 3025, AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AND REMOVING CERTAIN CONDITIONS AND RESTRICTIONS; AND DECLARING AN EFFECTIVE DATE. A motion was made by Loveless, seconded by Nelson that the ordinance be adopted. On roll call vote Nelson voted "aye ", Whitson voted, "aye", Iones voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. ORDINANCE NO. 68-4 AN ORDINANCE GRANTING TO ACME BRICK .COMPANY, ITS SUCCESSORS AND ASSIGNS, CONSENT TO THE USE OF CERTAIN STREETS AND ALLEYS FOR GAS PIPELINE PURPOSES. A motion was made by Loveless, seconded by ~ones that the ordinance be adopted. On roll call vote Whitson voted ....no , Nelson voted "no", ~ones voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. Councilman Whitson stated that he would like to clarify two points which had been made in the Record Chronicle advertising recently. One, regarding the renewal of the contract for gas to be used at the City Power Plant before the contract expired, Lone Star Gas Company gave the City of Denton a generous reduction in rates at this time. The City Council felt this renewal of contract was necessary in order for the City to take advantage of this rate reduction. Second, the matter of certain figures compiled by the Railroad Commission .showed that Denton is paying more per resident customer for gas than some other towns in this area. Mr. Whitson stated that there is really no way to determine from this book exactly what each town is paying. Certain named towns are paying the same gross and net rate per 1,000 cubic foot gas measurement. Mr. Bill Darwin, Vice President of Acme Brick Company, expressed appreciation to the Council for the approval of this ordinance. Mr. Leland Carter, Southwestern Gas Pipeline, Inc., read the following statement: Mr. Mayor, gentlemen of the Council and Citizens of Denton: I am Leland W. Garter, Vice President and General Manager of Southwestern Gas Pipeline, Inc. From the various editorials and advertisements that Lone Star Gas has been placing in the Denton Record Chronicle, I determine that Lone Star Gas is threatening to raise the price of natural gas service to all of its customers in Denton because they lost the Acme Brick account. As I have previously stated before the Council, it is our position, and I think the position of all informed people, that competition will reduce rates, not increase them. Because I feel this matter so deeply, I am prepared to demonstrate to you that competition can truly decrea se ga s rates. 'MUNICIPAL BUILDING January 23, 1968 I have here from the City of Denton's Tax Department, a small memo dated January 15, 1968, from Mr. Hugh Mixon, Tax Assessor for the City of Denton and attached to this memo is a zerox copy of the official records of the Denton Tax Office stating the inventory of property of Lone Star Gas Company. The inventory of property was rendered for assess- ment of taxes for the year 1967 by Mr. C. J. Collier, Jr. of Lone Star Gas Company which includes a swom statement before a Notary Public that the inventory rendered was a full, true and complete list of all taxable property owned by Lone Star Gas Company for the year 1967 in the City of Denton. Mr. Hugh Mixon, the Tax Assessor for the City of Denton, stated that this dechred value is required to be at least 40% of the true value of Lone Star's property both real and personal in the City of Denton. In other words, the true - value of Lone Star's property both real and personal is not more than 2.5 times the declared value of their inventory of property. This grand total of all property, both personal and real, in 1967 was $482,650 or taking 2-1/2 times this dollar number, the total true value as sworn to by Lone Star was not over $1,206,625. Gentlemen, we do not want Lone Star Gas to lose money on serving the City of Denton or the industries of Denton; neither do we want the citizens of Denton to be threatened by a gas rate increase because of Acme Brick's buying their gas supply in an open, competitive market. Therefore, Southwestern Gas Pipeline, Inc. offers to buy all the property of Lone Star Gas Company within the City of Denton including its agreements with the City of Denton for a price of three times the declared taxable value or for a total of $1,447,950 which would give Lone Star Gas Company at least a profit of 20% over what it has rendered to the Tax Assessor over a sworn statement as to the value of its property within Denton. We would also agree with the City of Denton that we would reduce all gas rates 10% across the board for a period of ten years upon our purchasing the Lone Star Gas property, contracts and system in the City of Denton. This would include a reduction of 10% on the gas sold to the City owned electric power generating plant in Denton which would decrease the cost of gas $70,000 per year and would decrease the price of gas through the present existing LoneStar contract over $1,000,000 taking into account the projected gas volumes. Also, by the latest Railroad Commission of Texas Gas Utility Report, which is for the year 1966, a 10% reduction on the domestic rate would save the citizens of Denton -~ $63,492.10 a year. In other words, we are prepared to save the City of Denton and its . citizens in excess of $135,000 per year without taking into account in this calculation any commercial or other industrial accounts. I might also add that we were prepared to bid on the gas supply for the electric generating plant when the old contract expired and I had personally come to Denton and talked to the Director of Utilities at that time and I was told that we would have an opportunity to bid when the present contract with Lone Star terminated in 1968 but instead the officials of the City of Denton went ahead and renegotiated a contract with Lone Star in 1966 without any notice to our gas company or any other gas company which might have desired to sell gas at a rate lower than that proposed by Lone Star Gas Company. To further show that we think that the citizens of Denton are paying too much for gas, we would be willing to buy Lone Star's distribution system without buying the contract for the City Power Plant and still reduce the citizen's rate 10% for a 10 year pegi'od or we would be willing to take the generating plant only and reduce that price 10% until this contract terminates December 1, 1979, or we would take both the domestic and the City Power Plant and all other contracts in the City of Denton. In other words, with the rates that Lone Star is presently charging, we can reduce the rates 10% and still make money. I hope that LoneStar Gas Company will give our offer serious consideration and I am willin~ ~ to meet with the Council and/or Lone Star at any time and any place to discuss this I proposition. Councilman Jones asked Mr. Carter if Southwestern Gas Pipeline, Inc. was presently selling gas to Lone Star Gas Company. Mr. Carter replied that his company was selling gas to Lone Star Gas in Wise County at a rate of 19¢ per 1,000 cubic foot. Councilman Nelson requested thai: Mr. Carter mail the Council a financial statement of his company for the fiscal year ending January 31, 1968. Mr. ~ohn F. McCarthy, Lone Star Gas, stated that his company felt obligated to show the true facts to the citizens of Denton. MUNICIPAL BUILDING January 23, 1968 4. Bids: a. Bid for General Obligation and Electric Revenue Bonds --- Bids were opened, read and tabulated by Mr. Frank Medanich, First Southwest Company. It was reported to the Council that Rowtes, Winston & Co., Inc.; White, Weld & Co.; Honn Blower, Weeks, Hemphill -- Noyes, Inc. and Stern Bros. & Co., Inc. was the lowbidder at an effective interest rate of 4. 34277 for Electric Revenue Bonds and Republic National Bank of Dallas and Fort Worth National Bank was low bidder at an effective rate of 4.2862 for General Obligation Bonds. The following ordinances were presented: ORDINANCE NO. 68-5 ORDINANCE AUTHORIZING THE ISSUANCE OF ELECTRIC REVENUE BONDS A motion was made by Nelson, seconded by Whitson that the ordinance be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", JoneJ voted "aye", Loveless voted "aye", Martin voted "aye" Motion carried. ORDINANCE NO. 68-6 ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS A motion was made by Whitson, seconded by Nelson that the ordinance be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye", Jones voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. $. Old Business: a. Mayor Martin read the report of estimated cost for a Street Assessment Program in Southeast Denton. After considerable discussion, a motion was made by Loveless, seconded by Jones to authorize the City Manager to proceed with plans and specifications for a new Street Assessment Program for this area. Motion carried. b. An ordinance amending the Civil Defense Budget for the fiscal year 1967-68 was presented. A motion was made by Loveless, seconded by Nelson that the following ordinance be adopted: ORDINANCE NO. 68-7 AN ORDINANCE AMENDING THE ANNUAL BUDGET OF THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR 1967-1968 BY ALTERING THE BUDGET OF THE CIVIL DEFENSE AND SAFETY DIVISION TO A SPECIFIED LESSER AMOUNT. On roll call vote Nelson voted "aye", Whitson voted "aye", Jones voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. Mr. Loveless suggested that the City Manager and City Council keep in mind that the County Commissioners indicated at the joint meeting that the Count y might not participate in this program next year. c The recommendation of the Planning and Zoning Commission to deny the request of Bob Crouch, et al, for a quit claim deed for property located between Hickory and Oak Streets was discussed. A motion was made by Loveless, seconded by Nelson to accept the recommendation of the Planning and Zoning Commission to deny the request. Motion carried. 6. New Business: a. City Manager, Jack Reynolds, requested permission for Jim Burns, Park Superintendent, to attend the Southwest Park and Recreation Training Institute at Lake Texoma Lodge on February 4 through 7, 1968. A motion was made by Whitson, seconded by Jones that the request be granted· Motion carried. b. City Manager, Jack Reynolds, presented a report on Tax Adjustments and Supplements. After discussion, a motion was made by Loveless, seconded by Whitson to accept the recommendation of the Tax Assessor and Director of Finance to approve the MUNICIPAL BUILDING January 23, 1968 report. Motion carried. c. A motion was made by Whitson, seconded by Loveless to authorize the Mayor to sign the City-County Library.Contract subject to the approval of the City Attorney. Motion carried. d. Councilman Whitson stated that the Advisory Committee for Charter Revisions was submitting the following as members of the Charter Committee: Dr. Charles Thompson, William Bryant, Gordon Ramsey, Pat Roberts, Dr. Reynolds Griffith, Dr. David ..~peck, Jerry Stout, Dr. John Nelson, Edell Price, Bruce Davis, Tom Harpool, Dr. H. W..-- Kamp, Mrs. Pat Hamilton, W. C. Orr, Dr. Ethlyn Davis. A motion was made by Whitso~ seconded by Loveless that these people be named to the Charter Committee to study the Charter and make necessary ,revisions. Motion carried. e. Councilman Whitson presented a brochure published by the North Central Texas Council of Governments on air pollution. In this brochure is an ordinance providing for air pollution control which Mr. Whitson would like for all the Councilmen to study to see if the City of Denton might be interested in adopting the ordinance. No action was taken. f. Councilman Jones reported that the City Council and County Commissioners met ~anuary 15, 1968, to discuss the Library Board. Mr. Jones, as City representative, and O. H. Bailey, as County representative, recommends the following people to constitute members of this board: Sammy Spratt, Dan Dudley, Dr. David Speck, Mrs. Robert Caldwell, Jr., Mrs. Cara Boswell, Mrs. Sam Barton, J. T. Jones, Jr., O. H. Bailey, Emmett Brown. A motion was made by Jones, seconded by Loveless that this list of people be approved as members of the Library Board. Motion carried. g. Councilman Loveless emphasized the necessity to proceed with the plans for the underpass at the railroad on East McKinney. h. The City Manager, Jack Reynolds, presented the appraisal of the conversion_ to EDP made by Peat, Marwick, Mitchell & Co. i. Mr. Frank Estes appeared before the Council to inquire why an advertise- ment for a building inspector appeared in the Dallas paper and no advertisement had been placed in the Denton paper. Mr. Estes was informed that the Council was sure all sources had been exhausted to hire a man from Denton before the ad was placed in the Dallas paper. Themeetingadjournedat 9:35p.rn.~ City Secretary MUNICIPAL BUILDING February 13, 1968 Regular meeting of the City Council, City of Dentone, Texas, Tuesday, February 13, 1968, at 7:00 p.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, J. T. Jones, Jr.,Warren Whitson, Jr., L. A. Nelson, Marvin Loveless, City Manager, City Attorney, City Planner, Acting City Secretary. Absent: City Secretary. 1. A motion was made by Loveless, seconded by Whitson that the minutes of January 23, 1968, be approved with the correction as follows: The la st line in 6 (d) reads: A motion was made by Whitson, seconded by Loveless that these people be named to the Charter Committee to study the Charter and make necessary revisions. This motion should read: A motion was made by Whitson, seconded by Loveless that these people be named to the Charter Committee to study the Charter and recommend to the City Council necessary revisions. Motion carried. 2. Mayor Martin stated that editorials in newspaper relative to secret meetings had been discussed with Jack Barton, City Attorney, and he had requested that Barton's legal opinion be read. Mr. Barton read and explained the state law relative to secret meetings. The newspaper state dthat one of these secret meetings was held with the auditors, Peat, Marwick & Mitchell Company. Councilman Jones explained the letter that he and two other Councilmen wrote to all residents of Denton regarding Acme Brick's franchise. Councilman Loveless read a letter relative to the newspaper's report of secret Council meetings, as well as the meeting held with the auditors. Councilman Whitson explained that the audit report was in no way critical of the City of _ Denton employees. He reported that the auditors had made suggestions to improve the system. Mr. William Williamson, who lives in Westgate Park, stated that he felt the interest being shown in City government is for the betterment of the community. 3. Bids: a. Bid No. 67-68-12 -- 4-door Station Wagon -- The City Manager explained that this bid was being returned to the Council for further consideration since the company receiving the bid could not meet specifications. A motion was made by Jones, seconded by Loveless that this bid be tabled until the next regular Council meeting. Motion carried. 4. Visitors: a. Dr. Eugene Wright, representing property owna~s in Sequoia Park, appeared relative to the paving of Inca, Creek and Nevada Streets in this subdivision. City Manager, Jack Reynolds, explained that the cost for paving these streets could be handled in one of two ways. (1) If the property owner pays the total cost, the cost would be $5,135 for pro- perty owners and the City's share would be $480 for intersections, adjust manholes, etc. (2) If the City pays one-thrid of the cost, the City's'cost would be $2,198.40 and the property owner's cost would be $3,416.60. A motion was made by Whitson, seconded by Jones that the City pay the cost of paving in front of the existing residences and the property owner pay the cost in front of all vacant lots. Motion carried. Mayor Martin requested that Dr. Wright secure names of property owners. b. Mr. Jim Taylor, representing the Optimist Club, appeared requesting utilities to property on Highway 77 which has been purchased by the Club to build a new Optimist Gym. He stated that he had discussed this with the Director of Public Works, Jack Owen, and the approximate cost would be $3, $00 to $4,000 for 700 feet of sewer line and 400 feet of water line. A motion was made by Jones, seconded by Nelson to investigate this and get firm prices for the next regular Council meeting. Motion carried. MUNICIPAL BUILDING February 13, 1968 c. Mr. J. K. Hundley, Hickory Creek Marina, presented the following request: Dear Sir: I am hereby making a request for a reduction in the percentage rate of compensation from 6% to 5% on the sales, and the elimination of the $1.00 per month on the number of slips rented, in the above mentioned concession agreement. Under the above mentioned agreement I have had to mow, clear and maintain the t~enty acres of land. I have also had to build and maintain the roads, which I understand in the agreement, was supposed to have been built and maintained by the money paid in on this area on the percentage basis. The roads are now used by the residents of the area, and customers of The Fishing Barge. The Fishing Barge is only paying 5% of their sales. There are several other Marinas in this area that do not pay even the 5To percentage, and Texoma pays only a very small amount. This reduction that I am asking for will not go into my pocket, but will be used for expansion, which in the long run will bring in more revenue. Service to my customers is somewhat better I think, than most of the Marinas in this area, in that we wash boats, have night watchman service, and furnish water to the boat houses. This is all included in our storage fee of $1.30 per foot, per boat. Electricity is available to the boats at the customer s expense. Other Marinas around do not give their customers all of this service, yet their fee is $1.25 per ft. per boat. I have always tried to run a good clean operation. We have not been late with any of our payments on this agreement, and want to quote I have paid in $30,624.20 over the time the agreement has run. I enclose a list of each yearly payment. I would like this retroactive from January 1, 1968. I hope the Park Board will give this serious consideration and recommend to the Council that they approve it. All I want is to be treated fair, and I feel my request is justified. Yours truly, HICKORY GREEK MARINA J. K. HuJdley, Owner A motion was made by Loveless, seconded by Whitson that this request be approved. Motion carried. d. Mr. Harold Stevens, representing National Cylinder Gas Company of Dallas, requested permission to place 'two gas lines under East Sycamore Street from the present Trinity Steel plant to the new plant which is being built. One line would carry oxygen and the other would carry carbon dioxide gas. Mr. Stevens assured the Council he would work very closely with the fire department on this matter. A motion was made by Loveless, seconded by Jones that City officials be contacted for opinions to be sure this method of piping gas would be safe, and to :instruct the City Attorney to prepare necessary documents to grant this request. Motion carried. Mr. Stevens requested the Council to discuss this matter with Mr. Hugh Keeper, Fire Prevention Engineering Company of Dallas, Texas, Telephone No. Ri-7-0681 and with Captain Eller, Dallas Fire Inspection Department, Dallas, Texas. e. Mr. Richard Taliferro, representing a Chamber of Commerce group, requested that the parking meters be abandoned on a permanent basis. He stated that questionaires had been sent to all central business property owners and that the results of the questionaire showed that the business owners were in favor of discontinuing the parking meters on a permanent basis. A motion was made by Whitson, seconded by Jones that this matter be tabled until the next Council meeting. Motion carried. MUNICIPAL BUILDING February 13, 1968 f. Mr. Charles Weisenburg, Hickory Creek, requested permission to install a CATV system in Denton. Mr. Weisenburg stated that the franchise requested would be for a term of 25 years at a rate of 3% of gross income. He also stated that the City would receive approximately this same 3% rate. He said the cost for each pole would be $1.50 per pole per year. The charge to citizens for this service would be $5.75 per month. Mayor Martin suggested that this be discussed with the Public Utility Board. Mr. Whitson suggested that bids be taken for this service since several companies had requested permission to offer this service to the City in past years. 5. Petitions: a. A public hearing was held on the petition of Bill Lynch requesting that the zoning classification of property described as Tract'7, City Block 179/D and part of Tract lA, Block 1002/D, located at 3015 and 3115 University Drive East, be changed from the "R" Dwelling District to the "LB" Local Business District. After considerable discussion, a motion was made by Jones, seconded by Nelson to accept the recommendation of the Planning and Zoning Commission and deny the petition. Motion carried. ~ b. A public hearing was held on the petition of Harry Down requesting that the L~ zoning classification of property described as being the 24.859 acres situated north of r~~ Auburn Street, west of the dedicated park site and a northerly extension of Bowling Green [_) Street, south of the Company be changed from the "R" Dwelling District to the "D" ~ Dwelling District. After discussion, a motion was made by Nelson, seconded by Jones that the petition be approved as recommended by the Planning and Zoning Commission. Motion carried. c. A motion was made by Whitson, seconded by Nelson that the petition of Kappa Sigma Fraternity Educational Foundation requesting that the property located at 2026 West Oak be changed from the "R" Dwelling District to the "A-2" Dwelling District be referred to the Planning and Zoning Commission for its recommendation. Motion carried. 6. Resolutions: The following resolut£on was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 13TH DAY OF FEBRUARY, A.D. 1968. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: Pursuant to the requests of the Texas Water Quality Board regarding public law 660 program for the 1968 fiscal year and more particularly proj ect WPC-Tex-471, the City of Denton hereby assures the said Texas Water Quality Board that the City can, and will, meet the time schedule regarding this project which has been established as follows: 1. Plans and specifications complying with Texas State Department of Health recommended design criteria will be submitted for approval before November 1, 1968. 2. The project will be advertised for bids within fifteen (15) days after authorization to do so is received. 3. The contract will be awarded within fifteen (15) days after authorization to do so is received. The City of Denton further resolves, and assures the Texas Water Quality Board and the Federal Water Pollution Control Administration, that every effort will. be made to meet the above stated schedule, and has every reason to believe at this time that such time scehdule can be easily met and compiled with. PASSED AND APPROVED this 13th day of February, A. D. 1968. /s/Zeke Martin Mayor City of Denton, Texas MUNICIPAL BUILDING February 13, 1968 ATTEST: /s/Brooks Holt City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/ Jack Q. Barton _ City Attomey .~ City of Denton, Texas A motion was made by Nelson, seconded by Whitson that the resolution be adopted. On roll call vote Nelson voted "aye", Whitson voted "aye'", Jones voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. 7. Ordinance s: The following ordinance was presented: ORDINANCE NO. 68-8 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, SO AS TO PROVIDE FOR DIRECT BURIAL OF HIGH VOLTAGE UNDERGROUND UTILITIES UNDER STRICT SUPERVISION, AND ACCORDING TO CITY SPECIFICATIONS DETERMINED BY THE DIRECTOR OF UTILITIES; PROVIDING REDUCED YARD LIGHT BURIAL REQUIREMENTS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. A motion was made by Loveless, seconded by Nelson that the ordinance be adopted. On roll call vote Whitson voted "aye", Nelson voted "aye", Jones voted "aye", Loveless voted "aye", Martin voted "aye". Motion carried. 8. Mayor Martin suggested Mr. Gene Gamble be appointed to replace Dr. Reynolds Griffith on the Charter Revision Committee. A motion wa s made by Lovless, seconded by Nelson to appoint Mr. Gene Gamble to replace Dr. Reynolds Griffith on the Charter Revision Committee. Motion carried. 9. A motion was made by Loveless, seconded by Jones that employees of the Water and Sewer Department be granted permission to attend a Short School at Texas A & M College. Motion carried. 10. Mayor Martin announced City Manager, Jack Reynolds', resignation and stated that his accumulated vacation time was eight weeks. Mayor Martin recommended payment for the full eight weeks. A motion was made by Jones, seconded by Nelson to accept the recommendation of the Mayor and pay the entire amount. Motion carried. 11. Mr. E. L. Burgamy, representing the Spring Valley Estate residents, inquired as to the status of street paving in this subdivision. He was informed that plans were being made to get this work done. 12. Mayor Martin reported that: the contract for demolition of buildings on the future post office site had been signed. The meetingadjournedat 9:45p.m. ~ /'? ~?~~ City Secretary MUNICIPAL BUILDING Februaw 15, 1968 Special meeting of the City Council, City of Denton, Texas, Thursday, February 15, 1968, at 9:30 a.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, J. T. Jones, Jr., Warren Whitson, ~r., Marvin Loveless, City Attomey, City Secretary. Absent: Councilman L. A. Nelson 1. A motion was made by Jones, seconded by Loveless that Jack Barton, City Attorney, b e appointed interim City Manager effective immediately, and that his salary will be that of City Manager until such time as a City Manager is appointed. And that Mr. Barton be returned to the position of City Attorney after the oath of office has been taken by the new manager. Motion carried unanimously. The meeting adjourned at 9:55 p.m. .-- ...... ~,,~ ~ M~ City Se&retary MUNICIPAL BUILDING February 27, 1968 Regular meeting of the City Council, City of Denton, Texas, Tuesday, February 27, 1968, at 7:00 p.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, J. T. Jones, Jr., Warren Whitson, Jr., L. A. Nelson, Marvin Loveless, City Manager, Assistant City Manager, City Planner. Absent: City Secretary. 1. A motion was made by Jones and seconded by Whitson to approve the minutes to include the regular meeting of February 13, 1968, and special meeting of February 15, 1968. Motion carried. 2. Bids: a. Bid No. 67-68-12 -- 4-door Station Wagon: City Manager Jack Barton recommended that no action be taken since further investigation of this bid reveals that the present station wagon can be repaired at a reasonable cost. A motion was made by Jones, seconded by Loveless, that the bid be refused as recommended by the City Manager. b. Bid No. 68-2-2 -- Compound Meters: A motion was made by Loveless, seconded by Whitson, that the bid be awarded to the iow bidders as _ follows: Items 1, 2 and 3 at a total cost of $1,909.50 to Hersey; Item 4 to Sparling at a cost of $265.00. Motion carried. c. Bid No. 68-3-2 -- Fire Hose: A motion was made by Whitson, seconded by Jones, that the bid be awarded National Fire Hose Co. at a low bid of $1,025.00 as recommended by the City .Manager. Motion carried. d. Bid No. 68-1-2 -- Three (3) Trucks: A motion was made by Jones, seconded by Whitson, to accept the low bids as follows: Item 1, Banner Chevrolet in the amount of $3,521.89 with trade; Item 2, Banner Chevrolet in the amount of $2,221.73; Item 3, Calvert Motor Company in the amount of $1,995.00 with trade as recommended by the City Manager. Motion carried. MUNICIPAL BUILDING February 27, 1968 Bids: (Continued) e. Electric Substation construction bid: A motion was made by Loveless, seconded by Whitson, to accept the recommendation of Black & Veatch, consulting engineers., and the Public Utility Board and award the bid to Reynolds Electric Co. at a low bid of $146,900 and that the mayor be authorized to sign the contract. Motion carried. 3. Visitors: a. Richard Taliaferro, representing a Chamber of Commerce group, appeared relative to the Council's decision on discontinuing parking meters in the central business district on a permanent basis. A motion was made by Loveless, seconded by Iones, to instruct the City Attorney to prepare the necessary ordinance discontinuing and removing the parking meters permanently, effective May 1, 1968. Motion carried. A motion was made by Whitson, seconded by Loveless, to instruct the City Manager to advertise for bids to sell excess parking meters. Motion carried. b. Mayor Martin read the certification of petitions submitted by the City Secretary calling a referendum relative to the request of Acme Brick to lay a gas line under a city street. Bill Darwin, Vice President of Acme Brick, stated that he appreciated the consideration given to this matter and requested the Council to call the election at ~the earliest possible date. A motion was made by Loveless, seconded by Iones, to accept the certification of the petitions presented by the City Secretary. Motion carried. Iack Gray, attorney for Lone Star Gas, stated that before a motion can be made to set the date of election, the Council must first vote to withdraw the franchise ordinance allowing gas lines to be laid across city streets. A motion was made by Nelson, seconded by Whitson, that the ordinance specified in the referendum petition be repealed. The motion failed three to two with Loveless, ][ones and Martin voting "no" A motion was made by Loveless, seconded by Nelson, to set the date of the election for April 2, 1968. Motion carried. Mayor Martin suggested that nothing be added to this ballot but that utility and gas prices be investigated in the very near future. c. Mayor Martin read a letter from RickAllenbrand, Denton High School Key Club, requesting permission to paint house numbers on curbs as a money- making project for the club. A motion was made by Whitson, seconded by Nelson., to grant this request. Motion carried. d. The request of ~ohn Porter for a quit claim deed for property located between West Oak and McKinney Streets, extending from Bolivar Street east, eighty (80) feet was considered. A motion was made by ~ones, seconded by Loveless, that the quit claim deed by granted as recommended by the Planning and Zoning Commission and that the Mayor be authorized to sign the quit claim deed. Motion carried. MUNICIPAL BUILDING February 27, 1968 4. a. A public hearing was held on the petition of Bill Dunham requesting that the zoning classification of City Lot 3.1, Block 376, located on the North- east corner of McCormick and Greenlee Streets, be changed from "R" Residential Dwelling to "LB" Local Business District. Earl Coleman, attorney for the pe~tioner, spoke in behalf of the petition. A motion was made by Jones, seconded by Nelson, that this zoning petition be approved as recommended by the Planning and Zoning Commission. Councilman Whitson stated that the Council should give serious consideration to local business zoning in the area along IH 35E. Councilman Nelson stated that a comprehensive report on zoning from Marvin Springer & Associates was due and urged the City Manager to expedite the completion of this report. Motion carried. 5. Re solution s: The following resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 27TH DAY OF FEBRUARY, A. D. 1968. RESOLUTION WHEREAS, in Denton County on State Highway 24 the City of Denton has requested assistance in the reconstruction of the present facility from Interstate Highway 35 East to Malone Street, a distance of approximately 1.5 miles; and WHEREAS, the State Highway Engineer has submitted a proposal to the City of Denton for the improvement of said facilities, which proposal is embodied in Texas Highway Commission Minute Order No. 60327 passed December 16, 1967; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: Texas Highway Commission Minutes Order No. 60327 passed December 16, 1967, is hereby accepted by the City of Denton, which agrees to fulfill the provisions stated therein, and Zeke Martin, Mayor, is hereby authorized to sign any and all papers submitted under the provisions of said Minute Order, and necessary to the fulfillment of the provisions contained therein. PASSED AND APPROVED this 27th day of February, A. D. 1968. 2~o5 Martin, Mayor City of Denton, Texas ATTEST: ~ '7 ,, ..,/,,: Brooks Hol~t, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: 98 MUNICIPAL BUILDING February 27, 1968 Jack Q. Barton, City Attorrkey City of Denton, Texas A motion was made by Jones, seconded by Loveless to adopt this resolution. On roll call vote Nelson voted "aye", Whitson voted "aye", Loveless voted "aye", Jones voted "aye" and Martin voted "aye". Motion carried. 6. Ordinance s: The following ordinances were presented: a. ORDINANCE NO. 68 - 9 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CALLING AND ORDERING AN ELECTION TO BE HELD ON THE 2ND DAY OF APRIL, A. D. 1968, THE SAME BEING THE FIRST TUESDAY IN SAID MONTH, FOR THE PURPOSE OF ELECTING TWO (2) COUNCILMEN FOR THE CITY OF DENTON, TEXAS, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 3, SECTION 3.01 (a) OF THE CHARTER OF THE CITY OF DENTON, TEXAS; ESTABLISHING THE HOURS AND PLACE FOR THE SAID ELECTION; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND POSTING IN THREE PUBLIC PLACES IN THE CITY OF DENTON AS NOTICE OF SAID ELECTION; DIRECTING THE CITY SECRETARY TO MAKE UP THE OFFICIAL BALLOTS, CAUSING THE SAME TO BE PRINTED AND DELIVERED TO THE PRESIDING OFFICER; PROVIDING FOR THE MAKING OF OFFICIAL RETURNS OF SAID ELECTION; PROVIDING FOR THE CANVASSING OF THE RETURNS OF THE SAID ELECTION AND DECLARING THE RESULTS OF SAME BY THE CITY COUNCIL; AND DECLARING AN EFFECTIVE DATE. A motion was made by Whitson, seconded by Loveless, that this ordinance be adopted. John Shrader requested that the hours for voting begin at 7 a.m. to allow citizens ample time to vote before working hours. A motion was made by Nelson to amend the ordinance, seconded by Loveless, changing the starting time as follows: 7 a.m. to 7 p.m. On roll call vote, Whitson voted "aye", Nelson voted "aye", Jones voted "aye", Loveless voted "aye" and Martin voted "aye". Motion carried and the Ordinance was adopted as amended. b. ORDINANCE NO. 68 - 10 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWN AS 24. 859 ACRES SITUAT ED NORTH OF AUBURN STREET AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. A motion was made by Whitson, seconded by Loveless, that the ordinance be adopted. On roll call vote, Whitson voted "aye", Jones voted "aye", Loveless voted "aye", Nelson voted "ayeS' and Martin voted "aye". Motion carried. MUNICIPAL BUILDING Februa.ry 27, 1968 c. ORDINANCE NO. 68-11 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING A PARTICULAR ALLOWANCE FOR AN ALL-ELECTRIC RESIDENCE; DEFINING THE TERM ALL-ELECTRIC RESIDENCE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. A motion was made by Whitson, seconded by Jones, that this ordinance be adopted. On 'roll call vote, Whitson voted "aye", Jones voted "aye", Loveless voted "aye", Nelson voted "aye", and Martin voted "aye". Motion carried. 7. Jim Taylor appeared relative to a previous request for water and sewer facilities to the new Optimist Club Gym. An estimate of $2335 for a 6" water line was submitted by the City Engineer. It was reported that sewer facilities are not available to this property. Whitson pointed out that if the City extends water to this property a precedent will be set, causing added expense to the City. Emory Pritchett, speaking in behalf of the Optimist Club, stated that the Optimist Club Gym was a service to the citizens of Denton and the problem of setting a precedent should not be considered. City Manager Jack Barton suggested the City Engineer get firm prices on laying different size lines to the property and have the details available for the next CQuncil meeting. _ A motion was made by Jones, seconded by Loveless, that this suggestion be approved. Motion carried. 8. Harold Stevens, National Cylinder Gas Co., appeared relative to a request to lay an oxygen line and CO2 line under East Sycamore Street from the present Trinity Steel Co. building to the new building now under construction. A motion was made by Loveless, seconded by Nelson, to grant this request in accordance with the recommendations of the City Fire Marshal, Joe Erwin. The Council instructed City Attorney Jack Barton to prepare the necessary ordinance granting this request for the next regular council meeting. Motion carried. 9. City Attorney Jack Barton informed the Council that he had studied the Workman's Compensation Proposal and recommends this program for the City. Barton suggested that this program be included in the next budget year and also that a position be created for a person to administrate this program. Councilman Whitson stated that the City should pursue this investigation and that Barton should keep the Council informed as to its progress. 10. City Manager Jack Barton recommended that the tax collection report submitted by High Mixon, Tax 'Assessor-Collector, be accepted as presented. A motion was made by Jones, seconded by Whitson, t~at tbs tax collection report be accepted. Motion carried. 11. Dr. David Thomas, Chairman, Parks and Recreation Board, appeared relative to the request of the Library Board for definition of its authority. Dan Dudley of the Library Board stated the Library Board feels the Parks and Recreation Board should go ahead and complete the building and furnishing of the new library, although the Library Board will be available for any consultation necessary. MUNICIPAL BUILDING February 27, 1968 A motion was made by Councilman Whitson and seconded by Councilman Jones that the following quoted portion of Paragraph "X" of the contract for County-Wide Public Free Library Privileges be omitted: "All contributions for books, memorial funds and memorial gifts, except contributions for fixtures and equipment, given and granted to the Library during the year shall be paid to the City of Denton and shall be credited to and shall reduce to the extent of such gift or contribution 'the budget item for books and magazine purchases and shall be credited equally upon the City's and County's share of the annual budget appropriation and shall be accounted for in the quarterly financial statement." Motion carried. 12. A motion was ma de by Whit son, seconded by Jones, that $100,000 from the City be transferred to the Flow Memorial Hospital Building Fund. Motion carried. 13. A motion was made by Jones, seconded by Loveless, that an overnight trip to Austin for Fire Chief and Fire Marshal be approved. Motion carried. 14. A motion was made by Whitson, seconded by Jones, to approve a trip to Coolidge, Arizona, for the City Attorney relative to'a pending lawsuit. Motion carried. 15. A motion was made by Whitson, seconded by Nelson, that Public Law 660, WPC-TEX-393, regarding a sewer project be passed, and that the Mayor be authorized to sign the voucher. Motion carried. 16. Proclamations: a. Mayor Martin read a proclamation for the Denton Beautification Committee proclaiming the time of March 1-15 "Plant the Town Red" and the entire month of March as "Cleanup Month." b. Mayor Martin read a proclamation and proclaimed the week of March 4 - 8 as National School Week. 17. Councilman Loveless inquired as to the status of the thoroughfare plan. City Manager Jack Barton reported that detailed engineering could begin immediately. Councilman Loveless requested that the matter on the overpass at McKinney Street be referred to Jack Barton for action. 18. City Manager Jack Barton requested approval for the Service Bureau Corporation to conduct systems analysis study at a cost of $750. A motion was made by Jones, seconded by Whitson, that this be approved. Motion carried. 19. Meeting adjourned at 10 p.m. / ,, × Mayor City Secretary MUNICIPAL BUILDING February 29, 1968 A special meeting of the City Council, City of Denton, Texas, Thursday, February 29, 1968, at 10 a.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, J. T. Jones, Jr., Warren Whitson, Jr., Marvin Loveless, L. A. Nelson, Acting City Manager, City Attorney, City Secretary. 1. The purpose of the meeting was to discuss the progress of the thoroughfare plan with the fltyEngineer who brought the Council up to date on work that had been done and plans to implement the work . The Engineer stated that 90 feet of right of way was needed on Carroll Street from University to West Hickory. 2. Councilman Loveless suggested that the City Manager and the City Engineer confer with outside engineering firms relative to supplemental services to implement the thoroughfare plan, including the extension of Blount to Eagle Drive. 3. Motion was made by Nelson, seconded by Jones, to instruct the City Manager to proceed with the acquisition of necessary right-of-way on the improvement of Carroll Street at a price not to exceed fair market value. The meeting adjourned at 11 a.m. City Secre{ary MUNICIPAL BUILDING March 12, 1968 Regular meeting of the City Council, City of Denton, Texas, Tuesday, March 12, 1968, at 7:00 p.m. in the municipal Auditorium. Present: Mayor Zeke Martin, J. T. Jones, Jr., Warren Whitson, Jr., L. A. Nelson, City Manager, Assistant City Manager, Director of Community Development, City Secretary. Absent: Marvin Loveless. 1. A motion was made by Jones, seconded by Nelson, to approve the minutes of the regular meeting of February 27, 1968, and special meeting of February 29, 1968. Motion carried. 2. Bids: a. Bid No. 68-7-3: Police Uniforms. A motion was made by Whitson, seconded by Jones, that the bid be awarded to low bidders meeting specifications as follows: Items 1,2,4,5,6 & 10 to J. B. Battle Company, Oklahoma City, and Items 3,7,8 & 9 to Craven Dry Goods of Denton. Motion carried. b. Bid No. 68-5-2: Street Lighting Components and Lamps. Items 1,4,19-22, 27-39, 41, 44-48, 51, 52, 54-60, 63-73, 82, and 84-86: Cummings Supply Company; Items 3, 25, 26: Temple Electric Company; Items 5-12, 14, 17, 18, 24: Priester; Items 16, 23, 40, 50, 80, 81: Nelson Electric Supply Company; Items 42, 43, 53, 61, 62, 74-79, 83: Westinghouse Supply Corporation; Item 49:_ Greybar Electric; Items on draw bid: Item 13 (stock ~0026) General Industrial Supply Company and Item 15 (stock ~0405) Temple Electric Co. Motion carried. MUNICIPAL BUILDING March 12, 1968 c. Bid No. 68-11-3: Driveway and parking lot paving at Flow Ho spita 1. A motion was made by Whitson, seconded by Nelson, that this bid be awarded to Denton Concrete in the amount of $7,547. Motion carried. 3. Visitors: a. The City Engineer presented the request of G. Locus, Jr. for permission to extend and tie onto City water and sewer lines outside the city limits. A motion was made by Jones, seconded by Nelson, that the request be approved and that the extensions be at the expense of the owner and that he be required to pay double the water and sewer rates. Motion carried. b. Mayor Martin read a letter from residents on Bonnie Brae across from the present city electrical substation. The residents complained of the constant hum and the unsightly appearance. The City Manager was requested to relay this information to the Public Utilities Board and the Parks and Recreation Department. c. John Roady requested payment from the City for the cost of the bridge on Gordell Street. The Mayor requested Mr. Roady to meet with the City Attorney and Earl Coleman relative to this matter so t'hat the City Attorney could make a recommendation to the City Council at the next regular meeting. d. Joseph T. Miller inquired as to why construction has stopped on Old North Road. The City Manager advised Mr. Miller that legal problems have arisen and when these clear up, work will continue. 4. Petitions: The Mayor relinquished the Chair to Councilman Whitson who opened the public hearing on the request of Garland Warren et al, to change city lots 1, 2.1 and 2, block 377, from "R" Single Family Dwelling to "LB" Local Business. This property is located on the south side of IS 35E between Knight and Greenlee Streets. (The Planning & Zoning Commission recommended that lot 1 be changed to "LB" Local Business and lots 2 and 2.1 be changed to the "LR" Local Retail cla s sification. ) After hearing proponents but no'opponents, a motion was made by Nelson, seconded by Jones, that the petition be approved as recommended by the Planning and Zoning Commission. Motion carried. Whitson relinquished the Chair to the Mayor. 5. Ordina nc e s: ORDINANCE NO. 68-12 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME 'WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY oF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS ,SAME IViAP APPLIES TO CERTAIN PROPERTY KNOWN AS LOT 3.1 OF BLOCK 376 AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN E~.FECTIVE DATE. A motion was made by 1AZhitson, seconded by Nelson, that this ordinance be adopted. On roll call vote, ~Whitson voted "aye", Nelson voted "aye", [ones voted "aye" and Martin voted "aye" Motion carried. ORDINANCE NO. 68-13 AN ORDINANCE GRANTING TO TRINITY STEEL COMPANY CONSENT TO THE USE OF A CERTAIN STREET FOR LIQUID AND GAS PIPE LINE PURPOSES; PROVIDING STANDARDS FOR SUCH USE; -AND DECLARING AN EFFECTIVE DATE. (First Reading) MUNICIPAL BUILDING March 12, 1968 A motion was made by Whitson, seconded by Jones, that this ordinance be adopted. On roll call vote, Whitson voted "aye", Nelson voted "aye", Jones voted "aye" and Martin voted "aye". Motion carried. ORDINANCE NO. 6~ - 14 --, A N ORDINANCE PERMANENTLY SUSPENDING THE OPERATION OF , CERTAIN PARKING METERS IN THE VICINITY OF THE CENTRAL BUSINESS DISTRICT; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jones, seconded by Nelson, that this ordinance be adopted. On roll call vote, Whitson voted "aye", Nelson voted "aye", Jones voted "aye" and Martin voted "aye". Motion carried. 6. New Business: a. C.A. Sprengel, Commanding Officer of the Texas State Guard, requested that the City provide $100 per year to the Guard and said that $100 was being requested of the County. He pointed out that the State Guard was a volunteer reserve corps without pay and subject to call by the Governor of Texas in case of emergency. Mayor Martin recommended that the City participate but withdrew his statement until further study could be made. A motion was made by Jones, seconded by Whitson, to table the matter until the next regular meeting so that a study could be made. Motion carried. !' b. Tax adjustments for the month of February, 1968, prepared by ~ Tax Assessor. Hugh Mixonwere reviewed. Motion was made be Whitson, seconded by Jones, that tax adjustments be approved as recommended by Mr. Mixon. Motion carried. c. City Manager Barton, in referring to an appointment of a city health officer, requested that the matter be considered at the next regular meeting so that he could investigate and make recommendations. The Council concurred. d. A motion was made by Jones, seconded by Nelson, that Dr. Bob Nunley, NTSU professor, be appointed to the Charter Revision Committee to replace Mr. William Bryant. Motion carried. e. Motion was made by Jones, seconded byWhitson, that Bill Thomas of Thomas Furniture Company be appointed to the Library Board to replace Miss Cara Boswell. Motion carried. 7. A proposed contract with the George Vose Flight School was discussed. Motion was made by Jones, seconded by Nelson, that the Mayor be authorized to sign the contract with Mr. Vose and that the City Attorney advise Mr. Vose that he must extend all utilities to his facility. Motion carried. 8. Motion was made byWhitson, seconded by Nelson, to authorize the Mayor to sign a contract with the General Telephone Company for telephone equipment for the new Municipal Building. Motion carried. 9. The February 1968 statement from Norsworthy-Mercer, who handle the promotion for the study committee of the Chamber of Commerce, was reviewed. A motion was made by Whitson, seconded by Nelson, that the February statement be approved in the amount of $694.60. Motion carried. . O4 MUNICIPAL BUILDING March 12, 1968 10. Bill Caraway, who lives at the corner of Wood and Paisley Streets, requested that the City proceed as agreed to pave Paisley Street from Frame to Ruddell. A decision was tabled until the next regular meeting so that the City Manager and the City Engineer could make recommendations on whether the City or private contractors should construct the street. 11. W.C. McMillan and Gene Akin reported the deteriorated condition of a dedicated alley between Emerson and Mill Pond Streets. In the course of the discussion, Nelson pointed out that the City of Denton was obligated to maintain alleys as well as streets. The City Manager and the City Engineer were requested to make a survey Of paved alleys. Meeting adjourned at 9:20 p.m. ~ ,~...,,~via yor S'/eecr~tary MUNICIPAL BUILDING March 26, 1968 Regular meeting of the City Council, City of Denton, Texas, Tuesday, March 26, 1968, at 7:00 p.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, J. T. Jones, Jr., Warren Whitson, Jr., Marvin Loveless, L. A. Nelson, City Manager, Assistant City Manager, Director of Community Development, City Secretary. Mayo r Martin opened thc,' meeting and introduced Mr. Jim W. White, City Manager of Pampa, Texas, as the newly appointed Manager of the City of Denton, effective May 1, 1968. Mr. White expressed his pleasure in being chosen for the position and stated that his office would always be open to all the citizens of Denton to discuss any problems relative to municipal activities. 1. Motion was made by Jones, seconded by Nelson, to approve the minutes of the regular meeting of March i[2, 1968. 2. Bids: a. Bid No. 68-9-3: . PVC Pipe . Motion was made by Whitson, seconded by Nelson, that the bid be awarded to the Rohon Company at a low bid of $1,980.89. The motion carried with Jones and Loveless abstaining. b. Bid No. 68-8-3:Gas Chlorinator. Motion was made by Whitson, seconded by Jones, that the bid .be awarded to Wallace and Tieman of Dallas, Texas at a low bid of $1,850.00.. c. Bid for paving Municipal Parking Lot. Motion was made by Loveless, seconded by Nelson, that the asghalt bid as recommended by the City Engineer be accepted and awarded to the Public Construction Company at a low bid of 823,865.60 and that the Mayor be authorized to sign the contract. Motion carried. d. Bid for water tower base, north of town. Motion was made by Loveless, seconded by Nelson, that the bid be awarded to S. M. Farquhar & Co. of Dallas, at a low bid of $32,262 and that the Mayor be authorized to sign the contract. Motion carried. MUNICIPAL BUILDING March 26, 1968 3. Ordinances: ORDINANCE NO. 68-13 AN ORDINANCE GRANTING TO TRINITY STEEL COMPANY CONSENT TO THE USE OF A CERTAIN STREET FOR LIQUID AND GAS PIPE LINE PURPOSES; PROVIDING STANDARDS FOR SUCH USE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Whitson, seconded by Jones, that the ordinance be adopted. On roll call vote, Whitson voted "aye", Nelson voted "aye", Jones voted "aye", Loveless voted "aye" and Martin voted "aye". Motion carried. 4. Unfinished Business: a. The Council discussed the proposed paving of Paisley Street from Ruddell to Frame. Bill Caraway, resident of the area, reported that abutting property owners desired only paving and could not afford the cost of curb and gutter. The City Engineer stated that paving work could not begin until August or September by City crews. Motion was made by Loveless, seconded by Jones, that the City Street Department be directed to do the paving work on Paisley without curb and gutter, starting the work as soon as convenient. Motion carried. Charles Thompson inquired as to the paving of Paisley Street from Ruddell to Mulkey Lane. The City Engineer pointed out that paving was scheduled from Mulkey Lane west to the new City-County Day Nursery location. The Mayor advised that a petition for assessment could be submitted for paving Paisley from the Nursery west to Ruddell. b. A request of Texas State Guard for $100 annually from the City of Denton was discussed and motion was made by Jones, seconded by Nelson, to accept the recommendation of the Chief of Police to deny the request for these funds. Motion carried. 5. New Business: a. The Council discussed the Quit Claim Deed of Bob Crouch et al of an alley between WAr. Oak and W. Hickory, north of Mounts Street. Motion was made by Loveless, seconded by Jones, that the request be denied as recommended by the Planning & Zoning Commission. Motion carried. b. Motion was made by Whitson, seconded by Loveless, to approve the request of Skyway Helicopter Service to use an open area near the Rayzor Building on University Drive west for landing purposes for one day only, as recommended by the Chief of Police. Motion carried. c. Motion was made by Whitson, seconded by Nelson, to authorize the Mayor to sign a contract with Denton Concrete Company for the construction of the emergency drive at Flow Hospital in the amount of $7,546. Motion carried. d. The Mayor suggested that service pins, starting with a five-year tenure, be awarded to City employees by the Council. He requested the Manager to present approximate costs of such pins at the next Council meeting. e. The Mayor and the City Manager revealed plans for a barbeque for all City employees. f. Councilman Loveless requested the status of Henry Street between North Elm and Beaumont, and also inquired concerning the progress and extension of Bell Avenue. .06 MUNICIPAL BUILDING March 26, 1968 g. The Mayor presented a proposed newsletter to be mailed monthly in utilities bills. Motion was raade by Loveless, seconded by Nelson, to authorize the adoption of the monthly newsletter in lieu of an annual report. Motion carried. Meeting adjourned at 8:45 p.m. ~'F~~' ,./'~ . Ma yor G/ity Secretary MU'NI CIPAL BUILDING April 9, 1968 Regular meeting of the City Council, City of Denton, Texas, Tuesday, April 9, 1968, at 7:00 p.m. in the Municipal Auditorium. Present: Mayor Zeke Martin, L. A. Nelson, Warren Whitson, Jr., J. T. Jones, Marvin Loveless, Dr. Alexander M. Finlay, Jr., City Manager, Assistant City Manager, City Secretary. 1. Motion was made by Nelson, seconded by Jones, to approve the minutes of the regular meeting of March 26, 1968. Motion carried. 2. Bids: a. Bid No. 68-13-4: Scrap copper wire, scrap aluminum wire, and scrap underground copper. Motion was made by Whitson, seconded by Nelson, that the bid be awarded to the high bidders as follows: Scrap copper wire to W. R. Boyd at a bid of 830 per 100 lbs.; scrap aluminum wire to John B. Shelton at a bid of 87.00 per 100 lbs.; and scrap underground copper to Alexander Metals at a bid of 811.00 per 100 lbs. Motion carried. b. Bid No. 68-12-3: One 1968 1/2 Ton Pickup Truck. Motion was made by Jones, seconded by Nelson, that the bid be awarded to low bidder Banner Chevrolet at a low bid of $1,759.56 without trade-in. Motion carried. 3. Visitors: a. Dr. Robert Lockwood read a prepared statement relative to his concern for possible violence between races in Denton. He complimented the Mayor for his Committee for Southeast Denton and his sponsorship of a street paving program in the negro community. I-Ie also suggested that the Mayor's Committee study job opportunities and housing and representation of Southeast Denton on City commissions and Council. No formal action was taken. b. Mr. Russell Vernon, representing theAsbury Methodist Church, requested immediate action in topping Henry Street between North Elm and Bolivar Streets, adding that the Church had the money available to pay for this ! work. The Mayor advised Mr. Vernon that this street work would be done within a thirty-day period. c. Richard Taliaferro requested permission to tie onto a City-owned sewer line for property just outside the city limits on the west side of IH 35 E. Motion was made by Jones, seconded by Loveless, that the request be granted. Motion carried. d. Paul S. Rogers requested that canvassing of the election be postponed, but his request was denied. 107 MUNICIPAL BUILDING April 9, 1968 4. Petitions: a. Motion was made by Jones, seconded by Nelson, that the zoning petition of Harold Buckley, requesting change from the "R" Single Family to the "D" Duplex classification for Lots 6-17, Block A, John Roady Subdivision, located on Cordell Street, be referred to the Planning and Zoning Commission. Motion carried. b. Motion was made by Loveless, seconded by Nelson, that the zoning petition of Iames R. Lott, requesting change in zoning classification from "R" Single Family to "A-2" High Density Multi-family classification for Lots 8, 9 and 10, Block 10 of Owsley Park Addition located on Charlotte Street, be referred to the Planning and Zoning Commission. Motion carried. 5. Ordinances: ORDINANCE NO. 68-15 AN ORDINANCE CANVASSING ELECTION RETURNS OF ELECTION HELD APRIL 2, 1968, TO ELECT TWO CITY COUNCILMEN. That the City Council officially finds and determines that only resident, qualified electors of said City were allowed to vote at said election, and the following votes were cast at said election for each candidate and write-in, there being no other person receiving any votes at this election: Gordon Ramsey 1946 votes L. A. Nelson 3244 votes Alexander M. Finlay, Jr. 3242 votes Richard O. Stewart 2373 votes Motion was made byWhitson, seconded by Loveless, that this ordinance be adopted. On roll call vote, Whitson voted "aye," Nelson voted "aye," ~ones voted "aye," and Martin voted "aye "and Lbveless' v6ted "aye. TM Motion carried. ORDINANCE NO. 68-16 AN ORDINANCE CANVASSING ELECTION RETURNS OF AN ELECTION HELD APRIL 2, 1968, TO DECIDE AN ORDINANCE REFERRED BY PETITION WHICH ORDINANCE GRANTED TO ACME BRICK COMPANY CONSENT TO THE USE OF CERTAIN STREETS AND ALLEYS FOR GAS LINE PURPOSES. That the City Council officially finds and determines that only resident, qualified electors of said City were allowed to vote at said election, and the following votes were cast at said election for the following proposition, there being no other proposition receiving any votes on this ballot: FOR the ordinance granting to Acme Brick Company consent to the use of certain streets and alleys for gas pipe line purposes ............. 2,880 votes AGAINST the ordinance granting to Acme Brick Company consent to the use of certain streets and alleys for gas pipeline purposes ............... 2,623 votes Total number of votes polled ........... 5,583 Motion was made by Nelson, seconded by Loveless, that this ordinance be adopted. On roll call vote, Whitson voted "aye," Nelson voted "aye", ~ones voted "ayeS' and Martin voted "aye." Motion carried. 108 MUNICIPAL BUILDING April 9, 1968 6. Resolutions: a. The following resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 9TH DAY OF APRIL, A. D. 1968. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, that, the annual budget of the City of Denton, Texas, for the fiscal year 1967-1968, endin9 September 30, 1968, be amended as follows: That the sum of $9,643.00 be transferred from Account No. 08-03 (Contingency Fund) to the following accounts in the amount indicated: 1. 01-01 A in the amount of $4,935.00, establishing the position of Assistant City Manager. 2. 01-01 A in the amount of $606.00. 3. 03-01A in the amount of $606.00 4. 04-01 A in the amount of $546.00 5. 20-01 A in the amount of $450.00 6. 01-06 A in the amount of $2,500.00, establishing the position of Warrant Officer, to be in the Legal Department. The amount available in said 08-03 Account is $33,304.00. PASSED AND APPROVED this 9th day of April, A. D. 1968. Zeke Martin, Mayor City of Denton, Texas ATTEST: Brooks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: Jack Q. Barton, City Attorney City of Denton, Texas Motion was made by Whitson, seconded by Nelson, that the resolution be adopted. On roll call vote, Whitson voted "aye," Nelson voted "aye," Jones voted "aye" and Martin voted "aye," and Lovelesg'voted "aye." Motion carried. b. The following resolution was presented: STATE OF TEXAS COUNTY OF DENTON~ WHEREAS, on the 2nd day of August, 1955, Nette Shultz, Susie V. Beyette and Callie R. Ratliff, each a feme sole, conveyed to the City of Denton, a municipal corporation, a lot 160 x 200 feet out of the Hardin Carter Survey, Abstract No. 381, which Deed is of record in Volume 412, Page 388 of the Deed MUNICIPAL BUILDING April 9, 1968 Records of Denton County, Texas, for the construction, reconstruction, operation and maintenance of a lift station to be connected with the sewer system of the City of Denton, Texas, and for no other purpose; and WHEREAS, said Deed provided that the failure of the City of Denton, Texas, to so use said land or its discontinuance thereof for such purpose shall thereupon cause such conveyance to become null and void and the interest, rights and benefits therein granted and conveyed shall in such case revert to the Grantors, their heirs and assigns; and - WHEREAS, the City of Denton, Texas, ceased to use said tract for the purposes set forth in said conveyance and request has been made to the City of Denton to relinquish and quitclaim unto the said Grantors, their heirs and assigns, all right, title and interest in said tract heretofore conveyed to the City of Denton; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Denton, Texas, in regular session, a quorum being present for the transaction of business, that the City of Denton, a municipal corporation, does release and relinquish any and all claims to said lot, and that Zeke Martin, the mayor of the City of Denton, be and he is hereby expressly authorized to execute and deliver a Quit Claim Deed from the City of Denton, Texas, to the said Nette Shultz, Callie R. Ratliff, and Boner C. Curtis, their heirs and assigns, all right, L~ title and interest heretofore held by the said City of Denton in and to the lot ~-~ hereinabove described, the said Boner C. Curtis having succeeded to all the D~ right, title and interest heretofore owned by the said Susie V. Beyette, one of the ~ Grantors in said Deed who is now deceased, and it is so ordered. Mayor I, Brooks Holt, City Secretary of the City of Denton, do hereby certify that the above and foregoing is a true and correct copy of the Resolution passed by the City Council of the City of Denton on the 9th day of April, A-. D. 1968, as shown by the Minutes of said meeting. Brooks Holt, City Secretary SUBSCRIBED AND SWORN TO BEFORE ME by the said Brooks Holt, City Secretary of Denton, Texas, this the 9th day of April, 1968. Notary Public, Denton County, Texas STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared BROOKS HOLT, City Secretary of Denton, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of April, A. D. 1968. Notary Public, Denton County, Texas Motion was made by Jones, seconded by Loveless, that the Quit Claim Deed be approved and that the Mayor be authorized to sign said deed as recommended by the Planning & Zoning Commission and City Manager, and that the resolution be adopted. On roll call vote, Whitson voted "aye," Nelson voted "aye," Jones voted "aye," and Martin voted "aye, "and Loveless' voted "aye." Motion carried. ilo MUNICIPAL BUILDING April 9, 1968 7. Unfinished Business: a. The City Manager advised as to cost of service pins for City employees. Motion was made by Loveless, seconded byWhitson, that the purchase of service pins be approved. Motion carried. 8. New Business: a. The Manager requested a recommendation by the Council backing the petition of the Denton County Bar Association for a new District Court. Motion was made by Whitson, seconded by ~ones, that the Council go on record as approving the petition of the Denton County Bar Association to establish an additional District Court. Motion carried. b. The Manager requested a change in the dog licensing requirements. Motion was made by Jones, seconded by Loveless, that the dog tag fee be reduced to $1.00 and that'the City Attorney be directed to draw up a new ordinance. Motion carried. c. Motion was made by Loveless, seconded by Jones, to approve the supplemental tax roll submitted by Tax Assessor-Collector Hugh Mixon. Motion carried. d. Motion was made byWhitson, seconded by Jones, to approve the full page ad in the Denton Record Chronicle in order to cooperate with the Chamber of Commerce with the promotion of Industrial Week. Motion carried. e. The Manager explained a proposed contract with Service Bureau Corporation for converting tax records. Motion was made by Loveless, seconded by Jones, to approve and authorize the Mayor to sign the contract. Motion carried. 9. Retiring Councilman Warren Whitson made the following statement: "I first want to thank the people of the City of Denton for giving me the opportunity to serve on their City Council. It has been a very gratifying experience and one that I will never forget. I think you can understand how important I felt the honor by the fact that I only missed one Council meeting in the six years I served! As my last official statement, I would like to make some remarks and some observations. Denton's growth is practically assured because of its location in the Ten County Metropolitan Area. The thing all of us need to be concerned with is how it grows. This responsibility falls on all the citizens of Denton and especially on the Council. Continued participation in the North Central Texas Council of Governments is essential. This extra-governmental organization becomes more and more important as new legislation is passed by federal and state governments. We must be in on the plans promulgated by this group. Even though the Regional Airport is now being developed by Dallas and Fort Worth, the fitting of this airport into the geography and into the economic aspect of the Ten County Area will fall principally on the Council of Governments. The City Council will have its share of responsibility for orderly growth of the city. Many problems will arise in keeping pace with growth. One of the biggest and thorniest will be zoning. The Council must adopt a plan and follow this plan regardless of individual citizens being inconvenienced. Subdivision requirements must be enforced and steps must be taken to protect the approaches to our city. A militant attitude must be adopted toward sub-standard housing developments immediately adjacent to our city limits. MUNICIPAL BUILDING April 9 , 1968 I would urge that the Civic Center be completed as soon as possible. The attraction of this outstanding project is unlimited to both our present citizens and those people and industries who will be looking at Denton in the future. The Council must see to it that our city employees are well paid and that we expand our services and personnel as growth demands. We must get over the "small city image" and adopt the "big city image." The probler~ of Southeast Denton is a large problem. The steps that have been initiated by the Council in regards to street paving will help a lot. But we cannot stop here. Housing, transportation, recreation areas and improve- ment in living standards are problems yet to be solved. These will take bold action and a dedicated spirit of cooperation on the part of all citizens of Denton. There is one area where I feel we have not seen the cooperation and financial assistance that was due us. This has to do with County government. I realize that because of constitutional limitations the County cannot do certain things. I do not overlook the assistance given on Flow Hospital and the library. And certainly the progressive steps taken in child welfare and health care are commendable. But there are other areas where we could be helped. There is no reason why the County cannot help us on our street problem. There are many streets that connect with County roads and are used by people outside Denton. Instead of asking for funds for new roads out in the rural areas, the commissioners should be asking for funds to help the City with projects like Sherman Drive, East McKinney and the rebuilding of Bonnie Brae and Oak-Hickory to handle the new Interstate 35 interchange. It is my considered opinion that citizens of Denton should elect a County Commissioner who would support these viewpoints. There will be legislation proposed that will broaden the powers of County government; there will be a revision of our constitution and we should support any change in County Government that will do ~for them what the Council- Manager form of government has done for cities, i.e. streamlining administration on a business-like basis. The problem of growth confronting our two universities must be recognized by the Council and all Denton citizens. We must work closely with these important facets of our city--the two reasons Denton is the fine city in which to live today. Our planning must coincide with their planning and it is important to see that the work that Marvin Springer is doing on our Master Plan encompasses the plans adopted by these important institutions. Again, I say "thanks" for the privilege of serving." 10. Reorganization of the Council a. The City Secretary administered the Oath of Office to L. A. Nelson and Dr. Alexander M. Finlay, ~r. b. The Mayor relinquished the Chair to the City Secretary who asked for nominations for Mayor of the City of Denton. Nelson nominated Zeke Martin and ~ones seconded the nomination. A motion was then made by Loveless, seconded by Finlay, that Zeke Martin be elected by acclamation. The motion carried unanimously. c. The City Secretary then relinquished the Chair to the Mayor who opened nominations for Mayor pro-rem for the City of Denton. Motion was made by Iones, seconded by Nelson, that Councilman Marvin Loveless be elected Mayor pro-tern for the City of Denton by acclamation. The motion carried unanimously. 11. Councilman ~ones requested that the Mayor study the budget with the view of increasing the number of police patrolmen to provide two men per police car on nighttime duty and to determine if an overall increase in salary could be provided. Councilman Nelson suggested that all departments be studied relative to possible salary increases. MUNICIPAL BUILDING April 9 , 1968 The Manager advised that studies are now underway on the overall salary structure, and that a full report would be forthcoming in the very near future. 12. The following resolution was presented: RESOLUTION AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 9TH DAY OFAPRIL, A. D. 1968. WHEREAS Warren P. Whitson, Jr., has served the City of Denton as City Councilman from April 3, 1962, through April 9, 1968, and as its Mayor from May 15, 1962 to April ll, 1967; and WHEREAS Warren P. 'Whitson, Ir., has declined to seek re-election in order to more fully meet .his responsibilities as a leading businessman of our Community; and WHEREAS throughout his tenure of office, sacrificing valuable time to be Mayor and City Councilman, Warren P. Whitson, Ir., has exhibited those unique qualities of friendliness, outstanding leadership, energy and faithful devotion to duty that has marked his service to the City of Denton as excellent; and WHEREAS Warren P. Whitson, Jr., has contributed much to the growth and development of the City of Denton, and has led it to a period of prosperity under a new form of government, for which service recognition is most deserved; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, that on behalf of all the people of Denton and its officers and employees, the City Council does hereby express its thanks and sincere appreciation to Warren P. Whitson, Jr., for his tireless, able and cooperative manner, for his strong leader- ship and for his invaluable and unselfish work for the City of Denton; and be it further RESOLVED that the original of this resolution be delivered to him, the said Warren P. Whitson, Jr., in recognition of the foregoing, and for the purpose of conveying to him the sincere wishes of this City Council for his happiness and success in the future, and to ask for his continued cooperation as a civic leader. UNANIMOUSLY PASSED AND APPROVED this 9th day of April, A. D. 1968. Zeke Martin, Mayor City of Denton, Texas ATTEST: Brooks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: Jack Q. Barton, City Attorney City of Denton, Texas MUNICIPAL BUILDING April 9, 1968 Motion was made by Nelson, seconded by Loveless, that the resolution of appreciation to retiring Councilman Whitson be adopted. On roll call vote, Martin voted "aye," Loveless voted "aye," Iones voted "aye, Nelson voted "aye" and Finlay voted "aye." Motion carried. 13. Following the passage of the resolution, Mayor Martin presented an engraved plaque to Warren Whitson on the behalf of the City of Denton. Meeting adjourned at 9:00 p.m. Ci~/y Secretary MUNICIPAL BUILDING April 23, 1968 Regular meeting of the City Council, City of Denton, Texas, Tuesday, April 23, 1968, at 7:00 p.m. in the Municipal Building. Present: Mayor Martin, Councilmen Loveless, ~ones, Nelson and Finlay, City Manager, Assistant City Manager, City Planner and City Secretary. 1. Motion was made by Loveless, seconded by Finlay, to approve the minutes of the regular meeting of April 9, 1968. Motion carried. 2. Vi sitors: a. Mr. Bob Shaw, representing Denton Center Merchants, inquired as to the overall status of the proposed Henry Street completion. The City Manager advised that funds were available for this project but there is still some property to acquire before construction can begin. 3. Petitions: a. Public hearing was held on the petition of Kappa Sigma Educational Foundation requesting property located at 2026 W. Oak be changed from "R" Single Family Dwelling to "A-2" Apartment Dwelling, which is further described as City Lot 22, Block 4024. Motion was made by Loveless, seconded by Iones, to table the petition until the next regular meeting. Motion carried. b. Public hearing was held on the petition of I. L Ginnings requesting that zoning classification of City Lots 4, 5, 6, 7, 8 and 9, Block 14 of Royal Acres Subdivision, Section III, be changed from the "R" Residential Dwelling District to the "D" Duplex District. Property is located on the north side of Sun Valley Drive between Stuart Road and Sheraton Road. After hearing proponents and opposition from five residents of the area and presentation of a petition signed by 59 area residents, a motion was made by ~ones, seconded by Loveless, to approve the petition as recommended by the Planning and Zoning Commission. After further discussion, Jones withdrew his motion. A motion was then made by Jones, seconded by Loveless, that the petition be referred back to the Planning and Zoning Commission to give the opposition an opportunit,y to present their case to Planning and Zoning.. Motion carried. c. Motion was made by ~ones, seconded by Nelson, that the petition of Grant [acobson, Jr. et al, requesting zoning classification change from "R" Residential to "A-2" Apartments for property located within these boundaries: Eagle Drive on the north, Collier on the west, Underwood on the south and McCormick on the east, be referred to the Plan.hing and Zoning Commission for its recommendation. Motion carried. MUNICIPAL BUILDING April 23, 1968 4. Ordinances: ORDINANCE NO. 68-17 AN ORDINANCE AMEN~-)ING THE CODE OF THE CITY OF DENTON, BY REMOVING CERTAIN REQUIREMENTS FOR OBTAINING A DOG LICENSE; REDUCING THE LICENSE FEE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Loveless, seconded by Finlay, to adopt the ordinance. On roll call vote, Loveless voted "aye", Jones voted "aye", Finlay voted "aye", Nelson voted "aye" and Martin voted "aye". Motion carried. 5. Resolutions: RESOLUTION WHEREAS, THE City Council of the City of Denton has authorized a program of construction of sewerage works at an estimated cost of $907,230 and the United States Government, acting through the Federal Water Pollution Control Administration, has offered a federal grant in the amount of $299,310 as designated on Part A, Offer and Acceptance, now under consideration by this body. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Denton, that said offer as submitted, together with the terms and conditions thereof, is hereby accepted and approved; and that Zeke Martin, Mayor, of the City of Denton, is hereby authorized and directed to sign said Offer and Acceptance and any other necessary documents required to complete the project on behalf of said city. BE IT FURTHER RESOLVED that the City of Denton has or will procure a fee simple or such other estate or interest in the site of the project, including the necessary easements and rights-of-way, as to assure undisturbed use and possession for the purposes of construction, operation and maintenance of the works for the estimated life of the project; and that in the event such title, estate, or interest in such site, easements or rights-of-way may in the future be contested, the City of Denton, will defend and maintain its title in such site and hold the United States Government blameless in such action; and that before any federal payment is requested pursuant to said grant, said city will provide certification as to the sufficiency of such estate or interest. PASSED, APPROVED AND ADOPTED at a meeting of the City Council of the City of Denton on the 23rd day of April, 1968. Zeke Martin, Mayor (Seal) City of Denton ATTEST: Brooks Holt, City Secretary APPROVED AS TO LEGAL FORM: Jack Q. Barton, City Attorney City of Denton, Texas Motion was made by Nelson , seconded byFinlay, to adopt the resolution. On roll call vote, Loveless voted "aye", Jones voted "aye", Finlay voted "aye", Nelson voted "aye" and Martin voted "aye". Motion carried. MUNICIPAL BUILDING April 23, 1968 R E S O L U T I O N AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 23RD DAY OF APRIL, A. D. 1968. - BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, That the annual budget of the City of Denton, Texas, of the fiscal year 1967-1968, ending September 30, 1968, be amended as follows: That the sum of $17,094.00 is hereby appropriated and authorized in the following accounts in the amount and for the purpose indicated: $4,950.00 in Community Development, account no. 04-01, ~ for position of Assistant City Engineer, salary LQ for remainder of budget year at proposed $825.00 ~ per month; and ~) $2,760.00 in Community Development, account no. 04-01, for position of Additional Draftsman, salary for remainder of fiscal year at proposed $460.00 per month; and $6,384.00 in Community Development, account no. 04-01 for salary of Chief Building Inspector (James __ Storrie) extended beyond retirement, and beyond budget expectation, at $532.00 per month; and $3,000.00 in Legal, account no. 01-06, for purchase of automobile for warrant officer. PASSED AND APPROVED this 23rd day of April, A. D. 1968. Zeke Martin, Mayor City of Denton, Texas ATTEST: Brooks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: Jack Q. Barton, Gity Attorney City of Denton, Texas Motion was made by Loveless, seconded by Jones, to adopt this resolution. On roll call vote; Loveless voted "aye", Jones voted "aye", Nelson voted "aye", Finlay voted "aye" a.nd Martin voted "aye". Motion carried. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, MUNICIPAL BUILDING April 23, 1968 that the annual budget of the City of Denton, Texas, for the fiscal year 1967-1968, ending September 30, 1968, be amended a s follows: The sum of $9,925.00 is hereby appropriated in account No. 03-0lA for the purpose of salary for five ($) additional patrolmen in the Police Division, which additional positions are hereby authorized and created to be effective May 1, 1968. PASSED AND APPROVED this 23rd day of April, A. D. 1968. Zeke Martin, Mayor City of Denton, Texas ATTEST: Brooks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: Jack Q. Barton, City Attomey City of Denton, Texas Motion was made by Jones, seconded by Loveless, that the resolution be adopted. On roll call vote, Loveless voted "aye", Jones voted "aye", Nelson voted "aye" and Finlay voted "aye" and Martin voted "aye". Motion carried. 6. New Business: a. A salary report submitted by the Assistant City Manager was discussed briefly but no official action was taken. b. Motion was made by Jones, seconded by Finlay, to approve and authorize payment of the March statement of Norsworthy-Mercer, Inc. for advertising services for the study group of the Chamber of Commerce in the amount of $1,083.73. Motion carried. 7. A motion was made by ]Loveless, seconded by Jones, to request Councilman Fintay to serve as liaison councilman to the Denton Research Council. Motion carried and Dr. Finlay accepted. 8. Motion was made by Jones, seconded by Finlay, to appoint Dr. Paul Schedler City Health Officer as .recommended by the City Manager. Motion carried. 9. Motion was made by Loveless, seconded by Jones, to appoint Mayor Martin as City of Denton representative to the North Central Texas Council of Governments to become effective at the end of the present term of former Mayor Ighitson in May, 1968. Motion carried. 10. Councilman Loveless suggested that more encouragement be give n the Police Reserve for their valuable and efficient contributions, and the Council indicated that they desired to go on record as being appreciative of this outstanding o rga ni za tion. M eetingadjournedat 9:45 p.m. ~'~P ~ , /~/~/~(' ~' Mayor MUNICIPAL BUILDING April 26, 1968 Special meeting of the City Council, City of Denton, Texas, was held Friday, April 26, 1968, at 9:45 a.m. in the Council Room of the Municipal Building. Present: Mayor Martin, Councilmen Loveless, Nelson, and Finlay, Acting City Manager, Assistant City Manager, Director of Community Development and City Secretary. Absent: Councilman Jones The special meeting was called to consider bids for carpeting the new City- County Library and the new Municipal Building. After discussing the bids, motion was made by Loveless, seconded by Finlay, that the bid be awarded to the Abel Contract Furniture Construction Company, Inc. of Austin, Texas, at a low bid of $16,940.56 with the color of carpeting to be chosen by the City Manager and a committee chosen by him. A breakdown of the bid is as follows: City-County Library - $ 6,377.28 Municipal Building - 10,563.28. Motion carried. Meeting adjourned at 10:04 a.m. ,: / , / //. z ? C:l City ~ecretary MUNICIPAL BUILDING May 14, 1968 Regular meeting of the City Council, City of Denton, Texas, Tuesday, May 14, 1968, at 7:00 p.m. in the Municipal Building. Present: Mayor Martin, Councilmen Loveless, Jones, Finlayand Nelson, City Manager, Assistant City Manager, City Attorney, Director of Community Development, and City Secretary. 1. Motion was made by Jones, seconded by Loveless, that the minutes of the regular meeting of April 23, 1968, and special meeting of April 26, 1968, be approved. Motion carried. 2. Bids: a. 68-14-4: Furniture and Fixtures for the Library. Motion was made by Nelson, seconded by Finlay, that the bid be awarded to the Abel Contract Furniture Company of Austin, Texas, at a low bid of $28,467.66 as recommended by the City Manager and the architect. Motion carried. b. 68-15-4: Tractor and Mower. Motion was made by Loveless, seconded by Jones, that the bid be awarded to Williams Tractor Company at a low bid of $3,135.28 which includes trade-in of Rig ~212, and to authorize the Manager to negotiate for a mower, meeting specifications, at a price not to exceed $850.00. Motion carried. c. 68-16-4: One 48" Riding Mower. Motion was made by Jones, seconded by Nelson, that the bid be awarded to Colonial Motors at a bid of $947.43, which includes a one-year warranty. Motion carried. MUNICIPAL BUILDING May 14, 1968 d. 68-17-4: One 3-gang reel Mower. Motion was made by Jones, seconded by Nelson, that the bid be awarded to Colonial Motors at a low bid of $998.00 with trade-in. Motion carried. e. 68-19-5: Transistorized Mobile Units. Motion was made by Loveless, seconded by Finlay, that the low bid meeting specifications be awarded to General Electric at a bid of $4,318.50 as recommended by the Director of Civil Defense and the City Manager with the federal government to pay 50% of the cost. Motion carried. f. 68-21-5: Power Supply Unit. Motion was made by Finlay, seconded by Nelson, that the bid be awarded to General Electric at a bid of $190.00. Motion carried. g. 68-22-5: One 1968 4-door sedan. Motion was made by Jones, seconded by Loveless, that the bid be awarded to Williams Motor Company at a low bid of $2,303.88. Motion carried. 3. Visitors: a. The Mayor read a proclamation designating Miss Anita Randall Official Representative of the City of Denton at all public functions during the entire period that she may reign as Miss Denton, Miss Texas, or as the coveted Miss America. Mayor Martin presented the proclamation to Miss Randall, congratulating her on the recent honor of being chosen Miss Denton of 1968. b. A representative of the Denton County Medical Assistants Association requested a proclamation from the Mayor proclaiming the observance of Medical Assistants Week in Denton. The Mayor requested the City Attorney to prepare such proclamation and present it to the Association. c. Jack Martin requested permission to operate a snow cone truck on the streets of Denton from June 1 through September 30, 1968. Motion was made by Jones, seconded by Loveless, that permission be granted as requested. Motion carried. 4. Petitions: a. The appeal of Kappa Sigma Educational Foundation requesting zoning change on property located at 2026 W. Oak, from "R" Single Family to "A-2" Apartments, which was denied by the Planning and Zoning Commission, was considered. Motion was made by Loveless, seconded by Finlay, that the petition be denied as recommended by the Planning and Zoning Commission. Motion carried. b. Petition of Harold Buckler was withdrawn by the petitioner. c. Motion was made by Nelson, seconded by Finlay, that the petition of Ernest Simpson for zoning change of property located on Stuart Road, City Lots 1-10, Block 194-1, be referred to the Planning and Zonir~3 Commission for their recomm enda tion. d. Motion was made by Loveless, seconded by Nelson, that the petition of Roy Bentley, requesting that the zoning classification of City Lot 4-A, Block 276/E, be referred to the Planning and Zoning Commission for their recommendation. Motion carried. e. Motion was made by Nelson, seconded by Jones, that the petition of Neal G. Hays, requesting that the zoning classification of City Lots 16 and 17, Block 169, be referred to the Planning and Zoning Commission for their recommendation. Motion carried. MUNICIPAL BUILDING May 14, 1968 5. The Council discussed the proposed ordinance revising speed limits on Highway 24W. Petitions were presented from residents of Greenway Club Estates opposing the ordinance. The Headmaster of Selwyn School voiced opposition and other residents of the area opposed the ordinance adoption. A motion was made by Nelson, seconded by Loveless, that this decision be tabled until the proposed construction on University Drive is complete. Motion. carried. Motion was made by Loveless, seconded by ~ones, to request the City Manager to contact the Texas Highway Department and ask that speed limits on Highway 24W from the west boundary line of Ranch Estates to the City be reduced. Motion carried. 6. Unfinished Business: a. Airport Contract Amendment was reviewed. Motion was made by ~ones, seconded by Nelson, that the contract be approved as recommended by the Airport Advisory Board and that the Mayor be authorized to sign the contract. Motion carried. b Salary report, prepared by Assistant City Manager, was presented ' by the City Manager. Motion was made by Loveless, seconded by Martin, that the Manager be authorized to use the report and the 20% figure as a guideline in preparing salary adjustments for the 1968-1969 Budget. Motion carried. 7. The April Tax Report and Tax Adjustments were reviewed. Motion was made by Jones, seconded by Nelson, that the reports be approved as submitted. Motion carried. 8. Mayor Martin commended Jack Barton for the outstanding job done during his tenure as interim City Manager, and he also commended all department heads who did an excellent job in assisting Mr. Barton. The Council concurred. Motion was made by Loveless, seconded by ~ones, to authorize the preparation of a plaque to be presented to Mr. Barton as a small token of appreciation. Motion carried. Meeting adjourned at 8:45 p.m. City ,~e6retary MUNICIPAL BUILDING May 28, 1968 Regular meeting of the City Council, City of Denton, Texas, Tuesday, May 28, 1968, at 7:00 p.m. in the Municipal Building. Present: Mayor Martin, Councilmen Loveless, ~ones, Finlay and Nelson, City Manager, Assistant City Manager, City Attorney, Director of Community Development, and City Secretary. 1. Motion was made by ~ones, seconded by Finlay, that the minutes of the meeting of May 14, 1968, be approved. Motion carried. 2. Bids: a. Bid No. 68-20-5: Water Main Extension. Motion was made by Jones, seconded by Nelson, that the bid be awarded to Ben Sira Gompany of Dallas at a low bid of $261,192.90 as recommended by Freese & Nichols and the City Manager. Motio~ 2O MUNICIPAL BUILDING May 28, 1968 b. Bid No. 68-23-5: Self-propelled Roller. Motion was made by Jones, seconded by Finlay, that the bid be awarded to Gonley-Lott-Nichols Machinery Company at a low bid of $6,049.00, as recommended by the City Manager. Motion carried. 3. Vi sitors: a. Rev. R. H. Delancey of the University Assembly of God Church requested a feasibility study for a street from Sherman Drive east to the church and requested that Cooper Creek be cleared of debris in that area. The matter was referred to the City Manager and the City Engineer for their recommendation. 4. Petitions: a. A public hearing was held on the petition of Grant Jacobson, et al, requesting zoning reclassification of City Blocks 378/A, 373/A, 1/2 of 373/B and 374 from "R" Residential Dwelling District to the "A-2" Apartment zoning for fraternity and sorority houses only, excluding City Lots 4.1, 8, 15, 16, Block 378/A; City Lots 6-9, Block 374; and City Lots 1, 2, 4, 5, 6 and 8, Block 373/A. The Planning and Zoning Commission recommended approval of this petition subject to the following conditions: (1). For Fraternity and Sorority use only. (2). Dedication of additional right-of-way to make Avenue B a sixty foot (60') wide street from Eagle Drive south. (3). Dedication of property to continue McCormick Street between Fannin and Margie Streets. Mayor Martin relinquished the chair to mayor pro rem Loveless who opened the hearing. J. %Ar. Flannagan presented a petition containing 34 signatures - of property owners in the area who opposed the zoning change. Loveless read the following letter from NTSU: "Dear Mayor Martin: This is to advise you that the rezoning of that property bounded by Collier Street on the west, Eagle Drive on the north, McCormick Street on the east, and Underwood Street on the south, to a classification of A-2, Sororities and Fraternities only, is in keeping with the master plan of North Texas State University. A plan to provide housing for sororities and fraternities at North Texas is currently underway and the rezoning of this property is prerequisite to the completion of the project. Sincerely, S/James L. Rogers, Vice-President, Administrative Affairs." Loveless closed the public hearing and Mayor Martin took the chair. Motion was made by Loveless, seconded by Nelson, that the petition be approved as recommended by the Planning and Zoning Commission. Motion carried with Mayor Martin abstaining. b. A public hearing was held on the petition of James Lott, et al, requesting a zoning reclassification on City Lots 8, 9 and 10, Block 3022, from "R" Single Family to "A-2" Apartment. The property is located at the southwest corner of Charlotte and Avenue C. After hearing proponents but no opposition, motion was made by Jones, seconded by Finlay, that the petition be approved as recommended be the Planning and Zoning Commission. Motion carried. 1 7 .[ MUNICIPAL BUILDING May 28, 1968 c. The City Attorney presented quit claim deeds for Lot 1 of Blocks A, B, C, D, O and H from the City of Denton to Dreamland Development Company, Rose Sizemore and K. P. Snider. Motion was made by Loveless, seconded by Nelson, that the recommendation of the Planning and Zoning Commission be accepted and the quit claim deed be approved, authorizing the Mayor to sign said deed. Motion carried. d. Quit claim deed for Ellis Henry was considered. Motion was made by Nelson, seconded by Jones, that the Mayor be authorized to sign a quit claim deed for Ellis Henry as recommended by the Planning and Zoning Commission. Motion carried. e. Motion was made by Nelson, seconded by Jones, that the zoning petition of Neal C. Hays requesting the zoning classification of City Lots 16 and 17, Block 169, be changed from "R" Single Family Dwellings to "A-2" Apartment Dwellings, located at 501 North Wood Street, be referred to the Planning and Zoning Commission for its recommendation. Motion carried. f. Motion was made by Nelson, seconded by Finlay, that the zoning petition of Garland Warren, et al, to rezone City Lot 11, Block 3 77/B, located on McCormick Street and IH 35E, from "R" Residential to "LB" Local Business be referred to the Planning and Zoning Commission for its recommendation. Motion carried. 5. Mayor Martin read a proclamation for Buddy Poppy Week, sponsored by the Denton V.F.W. and commended the organization for its fine work. 6. The Mayor read the following letter from the District Engineer of the U. S. Gorps of Engineers. "Dear Mr. Loveless: This is in reply to your letter dated 19 May 1968 requesting permission to place a building in Hickory Creek Park to be operated by the City of Denton for recreational use by the general public. Permission is hereby granted for the city to place the building at the location indicated in your letter dated 11 January 1968 and subject to conditions outlined below: a. It is understood that the building will be for group use and administered by the city on a first-come, first-served basis. b. The site will be occupied and used solely for the conduct of business in connection with recreational development of the area. c. Private organization trophies, etc. may not be left in the facility. d. The facility must have chairs, tables, sink and barbeque pit or stove available for public use. e. The toilets and other facilities should be located so that all rooms may be utilized by different groups without anyone having to trespass on -- another group for access. f. Charges for use of the building will be submitted for approval. g. The City will submit revised drawings, through the Project Engineer at the Lewisville Project Office, showing change of location of restroom facilities and deletion of all references to American Legion Post No. 71. I appreciate your interest in the recreational development of Garza-Little Elm Reservoir and I hope you can proceed to relocate the building without further delay. Sincerely yours, S/Jack W. Fickessen, Colonel, CE, District Engineer." .22 MUNICIPAL BUILDING May 28, 1968 7. Mayor Martin presented an inscribed plaque to City Attorney Jack Barton who served as Interim City Manager. The Mayor and Council praised Barton for his outstanding work during this period. 8. The City Manager recommended that the position of Administrative Intern be reclassified as internal auditor under the Finance Department. Motion was made by Jones, seconded by Loveless, that the recommendation of the City Manager be accepted. Motion carried. 9. Motion was made by Jones, seconded by Finlay, that the City of.Denton observe Memorial Day as a holiday for city employees. Motion carried. Meeting adjourned at 8:45 p.m.. ~.)/~/%_~~ ..- ~7 ~ Mayor Git~ Secretary MUNICIPAL BUILDING June 11, 1968 Regular meeting of the City Council, City of Denton, Texas, Tuesday, June 1968, at 7:00 p.m. in the Municipal Auditorium. Present: Mayor Martin, Councilmen Loveless and Finlay, City Manager, Assistant City Manager, City Attorney, Director of Community Development, and City Secretary. Absent: Councilmen Nelson and Jones. 1. Motion was made by Low,~less, seconded by Finlay, that the minutes of the regular meeting of May 28, 1968, be approved. Motion carried. 2. Bids: a. Bid No. 68-24-6: Power Poles. Motion was made by Finlay, seconded by Loveless, that the I-Iiggins Creosoting Company be awarded the bid in the amount as follows: Stockt~501, $26.60; Stock ~502, $36.10; Stock~503, $42.15; Stock ~504, $70.00; Stock $505, $54.50. These amounts composed the low bid. Motion carried. b. Bid No. 68-24-3: Tennis Courts. Motion was made by Finlay, seconded by Loveless, that Claude Smith Construction Company be awarded the bid in the amount of $10,570.00 as recommended by the Parks and Recreation Board and the City Manager. Motion carried. 3. Petitions: a. Public hearing was held on the petition of J. L. Ginnings, requesting zoning reclassification of City Lots 4, 5, 6, 7, 8 and 9, Block 14, of Royal Acres Subdivision, Section III, from the "R" Residential Dwelling District to the "D" Duplex District, further described as the north side of Sun Valley between Stuart Road and Sheraton Road. Motion was made by Loveless, seconded by Finlay, that the petition be approved as recommended by the Planning and Zoning Commission. Motion carried. b. Motion was made by Loveless, seconded by Finlay, that the petition of Dewitt Myers requesting zoning reclassification of .City Lot 4.1, Block 276/E, from "R" Single Family to the "LI" Light Industrial District, be referred to the Planning and Zoning Commission for their recommendation. Motion carried. MUNICIPAL BUILDING June 11, 1968 4. The following ordinances were presented: a. ORDINANCE NO. 68-18 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13, OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY SITUATED IN CITY BLOCKS 378/A, 373/A, W 1/2 OF 373/B AND 374 AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, MORE PARTICULARLY DESCRIBED HEREIN; PROVIDED CERTAIN CONDITIONS AND RESTRICTIONS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Loveless, seconded by Finlay, that the ordinance be adopted. On roll call vote, Loveless voted "aye", Finlay voted "aye", and Martin voted "aye". Motion carried. b. ORDINANCE No. 68-19 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART oF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS 8, 9, and 10 OF CITY BLOCK 3022, AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Finlay, seconded by Loveless, that the ordinance be adopted. On roll call vote, Loveless voted "aye", Finlay voted "aye" and Martin voted "aye". Motion carried. 5. New Business: a. The City Manager presented a detailed report including a timetable for completion of the thoroughfares program. The Manager requested that no action be taken on his recommendation until all members of the Council had the opportunity to study the matter carefully. All members of the Council complimented the Manager and the Engineering Department, as well as other departments, on the report. b. Motion was made by Loveless, seconded by Finlay, that the request of Steed Construction Company for blasting permission be approved. Motion carried. c. Motion was made by Loveless, seconded by Finlay, that the statement of Norsworthy-Mercer, Inc., advertising agents, be approved for the months of April and May, 1968, in the amount of $5,464.97. The April bill was $732.14 and the May bill $4,732.83. Motion carried. d. Motion was made by Loveless, seconded by Finlay, that the tax adjustment report be approved. Motion carried. 6. Motion was made by Finlay, seconded by Loveless, that a resolution be prepared stating that the City of Denton approves the creation of a County-wide Public health unit and authorize Dr. Ted Booker and Dean Faye Pannell to proceed with their proposed canvas of municipalities and school districts for maximum support, and that a fca sible plan for financing the costs of such unit be mutually agreed on at a time when a meeting can be scheduled with a representative of the Texas State Department of Health. Motion carried. 7. Mayor Martin reviewed the report of the Mayor's Committee of Southeast Denton, pointing out in particular the number of abandoned cars in that area and the health conditions of some of the lots. 8. Motion was made by Loveless, seconded by Finlay, to approve a Council minute order to purchase emergency spare parts for circulating water pumps on the number 4 electrical unit at the electrical steam plant from Ingersoll-Rand Company of Dallas at a cost of $10,274.80, since Ingersoll-Rand is the only supplier of these parts. Motion carried. MUNICIPAL BUILDING June 11, 1968 9. Motion was made by Loveless, seconded by Finlay, that the Council authorize immediate action for the construction of a underpass at the railroad corssing at E. McKinney Street, with the railroad company to be assessed 90% of the cost. Motion carried. Meeting adjourned at 8:40 p.m., / '? ,yJ Mayor ;// '.':-'~-: l:, > ' City Secretary MUNICIPAL BUILDING June 25, 1968 Regular meeting of the City Council, City of Denton, Texas, Tuesday, June 25, 1968, at 7:00 p.m. in the Municipal Auditorium. Present: Mayor Martin, Councilmen Jones, Loveless, Finlay and Nelson, City Attorney and City Secretary. Absent: City Manager and Assistant City Manager. 1. Motion was made by Jones, seconded by Finlay, that the minutes of the regular meeting of June 11, 1968, be approved. Motion carried. 2. Visitors: a. J.L. Coppedge, Soil Conservation Service, advised the Council that the Governor of Texas had signed a plan for the Hickory Creek Flood Prevention Program which would include a flood detention dam in the northwest part of the City. b. John Ford requested permission to paint house numbers on curbs in all parts of the City. Motion was made by Jones, seconded by Loveless, to request the Manager to contact the Denton Jaycees to determine what their work schedule was in their program of house number painting and then to contact Mr. Ford, 316 Fry Street, Apartment 107, and that the request of Mr. Ford be tabled until the next regular meeting. c. Verne H. McDonald requested permission to operate an ice cream vending truck on City streets. Motion was made by Loveless, seconded by Jones, that permission be granted. Motion carried. 3. Petitions: a. Public hearing was held on the petition of Neal C. Hays, requesting zoning reclassification of City Lots 16 and 17, Block 169, from "R" Single Family to "A-2" Apartments. The property is further described as being located at 501 North Wood Street. After hearing proponents and five residents of the area in opposition, motion was made by Jones, seconded by Loveless, to table the petition until the next regular meeting. Motion carried. b. The petition of Oscar Owen for a quit claim deed was reviewed. Motion was made by Jones, seconded by Loveless, that the quit claim deed be granted. Motion carried. MUNICIPAL BUILDING lune 25, 1968 4. The following resolutions were presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING, OF SAID CITY ON THE 25TH DAY OF ~UNE, A. D. 1968. RESOLUTION WHEREAS, the Planning and Zoning Commission has undertaken the preparation of a comprehensive revision to the Zoning Ordinance of the City of Denton, Texas; and WHEREAS, said Planning and Zoning Commission has made a study of the land use and zoning regulations over a period of six months and has recommended that public hearings be held to consider their proposals, and WHEREAS, Article 1011f, Revised Civil Statutes of the State of Texas, provides that the City may hold a hearing of the legislative body jointly with that of the Planning and Zoning Commission on any proposed comprehensive zoning revision. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, That notice of public hearing concerning the proposed comprehensive revision to the Zoning Ordinance of the City of Denton, Texas, be published establishing the date and place of the hearing at 7:00 p.m., the 22nd day of August, 1968, in the new City Hall, Denton, Texas, and that the hearing be held jointly by the Planning and Zoning Commission and the City Council in accordance with the provisions of Article 1011f Revised Civil Statutes of the State of Texas, and that written notice be given all owners of real property who have rendered their property for taxation as their names appear on the last approved tax roll. PASSED AND APPROVED this 25th day of JuneA. D. 1968. Zeke Martin, Mayor City of Denton, Texas ATTEST: Brooks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: lack Q. Barton, City Attorney City of Denton, Texas Motion was made by ~ones, seconded by Finlay, to adopt the resolution. On roll call vote all voted "aye". Motion carried. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING, OF SAID .CITY ON THE 25TH DAY OF IUNE, A. D. 1968. R E S 0 L U T I 0 N .26 M U NI CIPAL BUILDING lune 25, 1968 WHEREAS, On the 3rd day of June, 1968, there came before the Commissioners' Court of Denton County, Texas, Dr. Ted Booker and Dean Faye Pannell, representing the Denton Chamber of Commerce, and presented to said Commissioners' Court plans and requirements for the establishment of a County- wide public health and sanitation unit to be jointly sponsored and supported by the County of Denton, all municipalities and school districts in Denton County and State of Texas. And after having duly discussed the plans for such a unit and the services to be rendered in matters of public health and sanitation the Commissioners' Court agreed to approve the general plan for the establishment of a County-wide public health and sanitation unit. Thereafter, at a regular City Council meeting held on June 11, 1968, motion was made by Councilman Finlay, and seconded by Councilman Loveless, that the City of Denton approve the creation of a public health and sanitation unit and authorize Dr. Booker and Faye Pannell to proceed with their proposed canvass of municipalities and school districts for maximum support and that a feasible plan for financing the costs of such unit be mutually agreed upon at a time when a meeting can be scheduled with a representative of the Texas State Department of Health. Whereupon, motion was put to a vote, and all Councilmen present voted "aye', and the Mayor declared the motion carried. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE GITY OF DENTON that the above stated motion of Councilman Finlay be, and the same is hereby, incorporated into this Resolution as an official expression and act of the Council. PASSED AND APPROVED this 25th day of June, A. D. 1968. Zeke Martin, Mayor City of Denton, Texas ATTEST: Brooks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: Jack Q. Barton, City Attorney City of Denton, Texas Motion was made by Finlay, seconded by Loveless, that the resolution be adopted . On roll call vote Finlay voted "aye", Nelson voted "aye", Jones voted "aye", Loveless voted "aye" and Martin voted "aye". Motion carried. 5. The following ordinances were presented: CITY COUNCIL APPLICATION FOR PLACE ON BALLOT do hereby declare that I am a candidate for Place ................ on the Council of the City of Denton, Texas, and request that my name be printed upon the Official Ballot for that office in the next City election. I am qualified to serve on the Council with respect to qualifications set forth in the charter of the City of Denton, Texas. I reside at and I am a resident of Single Member District No. of the City of Denton, Texas. Sign~ The foregoing petition was filed with the City Secretary on the day of , 19 City Secretary MUNICIPAL BUILDING [une 25, 1968 ORDINANCE NO. 68-20 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE LICENSING OF CERTAIN TEMPORARY OR ITINERANT BUSINESSES; PROVIDING A LICENSE FEE THEREFOR; PROVIDING A PENALTY FOR VIOLATIONS THEREOF; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Loveless, seconded by ~ones, that the ordinance be adopted. On roll call vote, Nelson voted "aye", ~ones voted "aye", Finlay voted "aye", Loveless voted "aye" and Martin voted "aye". Motion carried. ORDINANCE NO. 68-21 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS E AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWN AS LOTS 4, 5, 6, 7, 8 AND 9 OF BLOCK 14 OF ROYAL ACRES SUBDIVISION AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by ~ones, seconded by Finlay, to adopt the ordinance. On roll call vote, Nelson voted "aye", Finlay voted "aye", Jones voted "aye", Loveless voted "aye" and Martin voted "aye". Motion carried. 6. The Mayor requested that a survey be made of blind corners in the City caused by shrubs, trees, etc. 7. Proposed half page ad in the Denton Record Chronicle was presented. Motion was made by Loveless, seconded by Nelson, that the matter be tabled until the next regular meeting. Motion carried. 8. Councilman Loveless, Chairman of the Personnel Committee, submitted proposed citizens for reappointment or new appointment to city boards and commissions. Motion was made by Loveless, seconded by ~ones, to appoint or reappoint the following to terms ending 6-30-70: Airport Advisory Board: Dr. Richard Ragsdale, reappointment William C. Lindley, replacing Ralph Higgins Board of Adjustment: Dr. Mary Evelyn Huey, reappointment Gene Gamble, replacing Murray Kendrick Civil Service Commisskn: tim Frisby, replacing Ed J. Williams Parks & Recreation Board: Marion Smith, replacing John Thomas Noble Holland, replacing Dr. David Thomas Planning L Zoning Commission: Charles Thompson, replacing Dr. Robert Lockwood Dr. Ector Roberts, replacing L. L. LaRue Motion carried. Meetingadjournedat 9:35 p.m. ~M~,~ ; ? M"--ayor ,..,.x ,' ~. City' Secretary 28 MUNICIPAL BUILDING June 28, 1968 Special meeting of the City Council, City of Denton, Texas, June 28, 1968, at 3:30 p.m. in the Municipal Auditorium. Present: Mayor Martin, Councilmen Jones and Loveless, City Manager, Assistant City Manager, City Attorney and City Secretary. Absent: Councilmen Nelson and Finlay. 1. The Council discussed'the appointment of a member of the Public Utilities Board. The Manager stated that since he had been in Denton only six weeks, he felt that he could not recommend a Public Utilities Board member but that he would accept the Council's choice. The Manager added that he was not intending to shirk his responsibilities in this matter. Motion was made by Loveless, seconded by Jones, that the Council approve the appointment of Dr. J. K. G. Silvey to the Public Utilities Board to replace A. B. Swenson, and that Silvey"s term expire on June 30, 1972. Motion carried. 2. Motion was made by Martin, seconded by Jones, to instruct the City Attorney to draw up a joint resolution of the City Council and the Charter Revision Committee in appreciation for tile contributions of Tom Harpool as Chairman of the Charter Revision Committee. Motion carried. Meeting adjourned at 3:45 p.m. Mayor //? ,,.!' / / ,~ ,X'/ C~it~ Secretary' MUNICIPAL BUILDING July 9, 1968 Regular meeting of the City Council, City of Denton, Texas, Tuesday, July 9, 1968, at 7 p.m. in the Municipal Auditorium. Present: Mayor Martin, Councilmen Jones, Loveless, Finlay and Nelson, City Manager, City Attorney, Director of Community Development, Assistant City Manager, City Planner and City Secretary. 1. Motion was made by Low, less, seconded by Jones, that the minutes of the regular meeting of June 25, 1968, and special meeting of June 28, 1968, be approved as corrected. Motion carried. 2. Bids: a. Bid No. 68-27-6: Gasoline and oil. Motion was made by Jones, seconded by Finlay, that the bid be awarded as follows: Items 1, 2, 3, and 4 to Garuthers Oil Co., and Item $ to Ben Ivey Oil Co. Motion carried. b. Bid No. 68-29-7: Chemicals. Motion was made by Jones, seconded by Finlay, that the bid be awarded as follows: Items 1, 3, and 8 to McKesson Chemical Company; Items 2, 4, 5, and 6 to Thompson-Hayward; Item 7 to U. S. Gypsum Go.; Item 9 to Van Waters and Rogers; Item 10 to Texas Lime Go.; and, Item 11 to Stauffer Ghemica.[ Co. Motion carried. c. Bid No. 68-30-7: Cement and Lime. Motion was made by Jones, seconded by Pinlay, that the bid be awarded on a draw bid as follows: Item 1 to Trinity Portland Cement Co. and Item 2 to Austin White Lime. Motion carried. MUNICIPAL BUILDING July 9, 1968 3. Petitions: a. Public hearing was held on the petition of Ernest Simpson, requesting zoning reclassification of City Lots 1-10, Block 194-K from "R" Single Family Dwelling to "A-2" Apartment Dwellings, further described as being located on the east side of Stuart Road between Manhattan and Windsor Drive. After hearing proponents and nine residents of the area opposing the change, plus the presentation of a petition containing over one hundred signatures in opposition, motion was made by Jones, seconded by Loveless, that the petition be tabled until the next regular meeting, which will not be a public hearing. Motion carried. b. Public hearing was held on the petition of Roy Bentley, requesting zoning reclassification of City Lot 4-A, Block 276/E from "R" Single Family Dwelling to "LB" Local Business. The property is further described as being located at the southeast intersection of Interstate Highway 35 E and Mayhill Road. After hearing proponents but no opposition, motion was made by Jones, seconded by Finlay, that the petition be approved as recommended by the Planning and Zoning Commission. Motion carried. c. Public hearing was held on the petition of Dewitt Myers requesting a zoning reclassification from "R" Single Family Dwelling to "LI" Light Industrial on City Lot 4.1, Block 276/E, containing 6.85 acres, further described as b~ing located on the west side of Loop 288, approximately 260 feet south of Woodrow Lane. After hearing proponents and two residents of the area in opposition, motion was made by Jones, seconded by Nelson, that the petition be approved as recommended by the Planning and Zoning Commission. Motion carried. 4. Unfinished Business: a. The City Manager requested authority to hire a consulting engineering firm in order to speed up the completion of the Carroll Street thoroughfare program by at least one year at an estimated cost of $51,000. Motion was made by Jones, seconded by Finlay, that the Council accept the Manager's recommendation and that this work be expedited. Motion carried. At this point, Councilman Loveless suggested immediate action in the extension of Bell Avenue to Industrial, as well as extension to Highway 77 Business Route. b. Motion was made by Jones to restrict painting curbs to the Junior Chamber of Commerce. After discussion, Jones withdrew his motion. Motion was made by Finlay, seconded by Jones, to deny the request of John Ford to paint house numbers on city curbs. Motion carried. 5. New Business: a. Motion was made by Loveless, seconded by Finlay, that permission be granted Fire Department members to attend a training school July 21-26, 1968, at Texas A & M University. Motion carried. b. Motion was made by Loveless, seconded by Jones, that Joe Skiles, Raymond Pitts, and Clayton Atkins be reappointed to the Board of Equalization. Motion carried. c. Motion was made by Jones, seconded by Loveless, that the Tax Collection Report for the month of June, 1968, be approved. Motion carried. d. Motion was made by Jones, seconded by. Loveless, that the City Manager be granted authority to negotiate a contract for tree trin~aing 'services based on the amount of funds available in the budget for this purpose, which is approximately $5,000. Motion carried. 3O MUNICIPAL BUILDING July 9, 1968 e. Motion was made by Jones, seconded by Finlay, to accept the recommendation of the City Manager to reimburse Southridge Development Corporation for oversized water line installation in the amount of $6,131.84. Motion carried. 6. The following resolutions were presented: AT A REGULAR MEETING OF TI-tE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON TI-tE 9TI-t DAY OF JULY, A. D. 1968. JOINT RESOLUTION BE IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AND OF THE PARKS AND RECREATION BOARD: On behalf of the people o:[ the City of Denton, the City Council and Parks and Recreation Board hereby express publicly their sincere thanks and appreciation to Dr. David Thomas for his valuable services as a member of of the Parks and Recreation Board of the City of Denton, Texas, from June 30, 1965, until his successor was appointed and qualified, and as Chairman of said Board from June 30, 1967 until his term expired on June 30, 1968. The City Council and Parks and Recreation Board wish to express their further thanks for the tireless and outstanding manner in which he has performed this public service, and for his special contributions and assistance in establishing our fine new library and park and recreation program, and extend their' best wishes for his continued cooperation and assistance in the future. On behalf of the people he has served, the City Council and Parks and Recreation Board direct and order that a copy of this Resolution be forwarded to him, the said Dr. David Thomas. PASSED AND APPROVED this 9th day of July, A. D. 1968. Zeke Martin, Mayor City of Denton, Texas ATTEST: Chairman, Parks and Recreation Board Brooks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: Jack Q. Barton, City Attorney City of Denton, Texas Motion was made by Jones, seconded by Nelson, that the resolution be adopted. On roll call vote, Nelson voted "aye", Finlay, "aye", Loveless, "aye", Jones, "aye", and Martin, "aye". Motion carried. MUNICIPAL BUILDING July 9, 1968 JOINT RESOLUTION BE IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON TIE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AND OF THE PARKS AND RECREATION BOARD: On behalf of the people of the City of Denton, the City Council and Parks and Recreation Board hereby express publicly their sincere thanks and appreciation to John Thomas'for his valuable services as a member of the Parks and Recreation Board of the City of Denton, Texas, from May 24, 1962, until his successor was appointed and quaiified, and as Chairman of said Board from June 30, 1966 until his term expired on June 30, 1968. The City Council and Parks and Recreation Board wish to express their further thanks for the tireless and outstanding manner in which he has performed this public service, and for his special contributions and assistance in establishing our fine new library and park and recreation program and extend their best wishes for his continued cooperation and ' assistance in the future. On behalf of the people he has served, the City Council and Parks and Recreation Board direct and order that a copy of this Resolution be forwarded to him, the said John Thomas. PASSED AND APPROVED this 9th day of July, A. D. 1968. Zeke Martin, Mayor City of Denton, Texas ATTEST: Chairman, Parks and Recreation Board Brooks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: Jack Q. Barton, City Attorney Motion was made by Loveless, seconded by Jones, that the resolution be adopted. On roll call vote, Nelson voted "aye", Finlay, "aye", Jones, "aye", Loveless, "aye ", and Martin, "aye" Motion carried. JOINT RESOLUTION BE IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: On behalf of the People of Denton, Texas, the City Council and Charter Revision Committee hereby express publicly their thanks and appreciation to Tom Harpool for his noteworthy and dedicated public service as a member of the Charter Revision Committee of the City of Denton until his resignation effective June 26, 1968. Tom Harpool served ably and honorably as Chairman of the said Committee, and is a former member of the original Denton Charter Commission which was responsible for the creation and adoption of the existing City Charter which is now being considered for possible revision. MUNICIPAL BUILDING July 9, 1968 The City Council and Charter Revision Committee wish to express their regret for this untimely resignation which has caused the loss of a val'uable member and excellent chairman, and further give their thanks for the tireless and outstanding manner in which he has performed this public service, and for his many contributions to the said Committee and to the City. On behalf of the people he has served, the City Council and Charter Revision Committee wish to direct and order a copy of this Resolution forwarded to him, the said Tom Harpool, in recognition of the foregoing. PASSED AND APPROVED this 28th day of June, A. D. 1968. Zeke Martin, Mayor City of Denton, Texas ATTEST: Charles Thompson, Chairman Charter Revision Committee Brooks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: Jack Q. Barton, City Attorney City of Denton, Texas Motion was made by Jones, seconded by Finlay, that the resolution be adopted. On roll call vote, Nelson voted "aye", Finlay, "aye", Loveless, "aye", Jones, "aye", and Martin "aye". Motion carried. 7. The City Manager reported that the City was ready to move to the new Municipal Building starting July 13 and that City offices would be closed on Monday and Tuesday, July 15 and 16 and would reopen Wednesday, July 17. 8. Motion was made by Loveless, seconded by Jones, that the Council go on record complimenting the Denton Police Department Pistol Marksmanship Team and to request that the police present a public exhibition. Motion carried. Meeting adjourned at 10:45 p.m. Mayor City' S ecreta ry MUNICIPAL BUILDING July 23, 1968 Regular meeting of the City Council, City of Denton, Texas, Tuesday, July 23, 1968, at 7 p.m. in the Municipal Auditorium. Present: Mayor Martin, Councilmen Jones and Loveless, City Manager, City Attorney, Assistant City Manager, City Planner and City Secretary. Absent: Councilmen Finlay and Nelson. 1. Motion was made by Jones, seconded by Loveless, that the minutes of the regular meeting of July 9, 1968, be approved. Motion carried. 2. Mayor Martin announced that the petition of Ernest Simpson requesting zoning reclassification of City Lots 1-10, Block 194-K from "R" Single Family to "A-2" Apartment Dwellings ha s been permanently withdrawn. 3. Bids: ~j~ a. Bid No. 68-26-6: Miscellaneous Electrical Equipment. Motion ?~'. was made by Jones, seconded by Loveless, to accept the recommendation of t:.~ the City Manager and Purchasing Agent and to award the bids to the low bidders · ~ a s follows: Cummins: Items 82, 83, 92, 93, 101, 107, 113, 116, 117, 119, 122-125, 132-136, 139-141, 142-147, 154-159, 176, 177, 179, 195-198, 207-212, 214-224, 241 and 242, 257, 298C-298E, 323, 325, 361, 362A, 372-374, 409, 411, 413, 414, 416, 423, 430, 433, 446-450, 456, 457, 463, 471, 477-496x, 512, 513, 513C, 520A-531A+, 528, 532, 533, 542A, 543A, 544A, 545A, 547-558, 578-586, 590, 598, 602, 606, 613-613C, 626, 629-635, 656, 657, 663, 665, 666, 679-681, 685, 747-780, 88. Electrical Associates: Items 1-36 Low bid complete category of bolts. Items 38, 39, 43-48, 69-70, 89, 90, 95, 96, 99, 108, 118, 126, 130, 137, 138, 14lA, 14lB, 148-153, 160-164, 168-175, 181, 182, 184, 188-194, 199-202, 225, 226, 228-240, 243-251, 253'256, 258-272, 281, 282, 284-298B, 298F-322, 324, 335-341,343-354, 356, 358-360, 362, 363, 369r371, 375-378, 381-389, 403-405, 407, 408, 410, 412, 415, 424, 427*, 433A-434, 436, 437, 442, 451-453, 455, 458, 459, 462, 463G, 463H, 513D, 522-527, 529, 534, 546, 593, 594, 596, 601, 603-605, 607-612, 614, 617-625, 636-642, 646-651, 664, 667, 678, 695A, 695C, 712, 740-744. Graybar: Items 57-68 lowcatagory, 71, 76, low catagory, 79, 85,91, l17A, l17B, 127, 128, 205, 279, 280, 283, 327, 329, 332-334, 406, 439, 440, 460, 472-476, 497, 518-520, 521, 530, 531, 536, 559-561, 652-655, 659, 660-662. Nelson: Item 36C, 81, 97, 98, 102, 120', 121', 129, 131, 165-167, 213, 326, 328, 390, 417, 425, 454, 463A-463F, 4631-466, 468, 470, 498-509, 513A, 513B, 514-517, 535, 588, 589, 600, 690-695, 696-711, 713-739. Priester: Items 109, 110, 227, 252, 330-331, 342, 355, 357, 364-368, 379, 380, 390A-391A, 435, 587 591 592 595, 597, 599, 615, 616 6827684, 686-689, 695B. Timberland Savo: Item 153A. Watson: 185-187, 203, 206, 428, 429, 432, 461, 627, 628, 643-645, 658. Temple: Items 40%-42, 77, 78 subject to meeting specifications, 84, 86, 87, 111, 112, 400-402, 438, 543, 544. Westinghouse: Items 36D-36F, 441, 745, 746. Draw bids: Item 100 Nelson, Priester, 122 Cummins and Graybar, 431 Graybarand Temple, 443 Graybar and Westinghouse and Temple, 444 and 445, Graybar and Temple. MUNICIPAL BUILDING July 23, 1968 Motion carried. b. Bid No. 68-28-7: Concrete and Sack Cement. Motion was made by Jones, seconded by Loveless, to accept the recommendation of the City Manager to throw out all bids and re-advertise. Motion carried. c. The Manager requested authority to sell used electrical equipment. Motion was made by Loveless, seconded by Jones, to sell this used electrical equipment to Transformer Repair Service at a high bid of $3,500. Motion carried. 4. Petitions: a. Public hearing was held on the petition of Garland Warren, et al, requesting zoning reclassification of City Lot 11, Block 377-B, from "R" Single Family Dwelling to "LB" Local Business. The property is further described as being located at the southwest intersection of McCormick IH 35 E, and Greenlee Streets. Motion was made by Jones, seconded by Loveless, that the petition be approved a s recommended by the Planning and Zoning Commission. Motion carried. b. Motion was made by Jones, seconded by Loveless, that the petition of T. L. Carruthers, et al, requesting zoning reclassification of City Lot 5-B, Block 285, and City Lot 19, Block 285, from "R" Single Family to "LI" Light Industrial, be referred to the Planning and Zoning Commission. Motion carried. ' c. Motion was made by Loveless, seconded by Jones, that the petition of Fate Mires, requesting zoning reclassification of City Lot 11, Block 235, from "R" Single Family to "D" Duplex, be referred to the Planning and Zoning Commission. Motion carried. d. Motion was made by Jones, seconded by Loveless, that the petition of Jess Coffey, requesting zoning reclassification of City Lots 1-13, Block 19, and the eastern 140 feet of 'City Lot 3.1, Block 187-B, from "R" Single Family to "A-2" Apartments, be referred, to the Planning and Zoning Commission. Motion carried. 5. The following ordinances were presented: ORDINANCE NO. 68-22 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTEr) AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOT 4-A, OF CITY 'BLOCK 276-E AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Loveless, seconded by Jones, that the ordinance be adopted. On roll call vote, Loveless voted "aye", Iones voted "aye", and Martin voted "aye". Motion carried. ORDINANCE NO. 68-23 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES (DF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOT 4.1, OF CITY BLOCK 276-E, CONTAINING 6.85 ACRES OF LANDAS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. MUNICIPAL BUILDING July 23, 1968 Motion was made by Jones, seconded by Loveless, to adopt the ordinance. On roll call vote, Loveless voted "aye", Jones voted "aye", and Martin voted "aye". Motion carried. 6. New Business: a. The City Manager presented a drawing of a proposed pin for City Employees, pointing out that 5, 10, and 1S-year pins would cost approximately $2.00, 20-year pins with synthetic rubies, $4.00, and 2S-year and up pins, with a small diamond in each, $8.50. The total first year cost would be $463.50. Motion was made by Jones, seconded by Loveless, that the recommendation of the City Manager be accepted. Motion carried. b. Use of the old police building for recreational purposes for Denton senior citizens was discussed. Motion was made by Jones, seconded by Loveless, to accept the recommendation of the Manager to make this facility available with strict rules to be set up for its operation. Motion carried. (See packet ~4606 in files for Rules of Occupancy.) 7. Mayor Martin, speaking in behalf of the Council, expressed his thanks to the City Employees for their hard work in making the move to the new Municipal Building. Motion was made by Loveless, seconded by Jones, that the Mayor's remarks be made a part of the official record. Motion carried. 8. Councilman Jones stated that consideration should be given for some financial aid to the Denton Police Reserves, and to consider the possibility for funds for this purpose in the 1968-69 budget. The Council concurred. _ Meeting adjourned at 7:45 p.m. Gity Sebretary MUNICIPAL B UI L DING August 13, 1968 Regular meeting of the City Council, City of Denton, Texas, August 13, 1968, at 7:00 p.m. in the Municipal Auditorium. Present: Mayor Martin, Councilmen Nelson, Jones, Loveless, and Finlay, City Manager, City Attorney, Acting City Secretary. 1. Motion was made by Jones, seconded by Loveless, that the minutes of the regular meeting of July 23, 1968, be approved. Motion carried. 2. Bids: a. Bid No. 68-31-7: Fittings. Motion was made by Loveless, seconded by Jones; that the bid be awarded as recommended by the City Manager as follows: Items 60, 61 to Bailey Meissner; Items 1-4, 14, 33-36, 83, 84, 100, 104 to Pioneer Supply Co.; and, Items 5-13, 15-32, 37-59, 62-82, 85-99, 101- 103, 105-113, 114-128 to Trans-Tex Supply Co. Motion carried. b. Bid No. 68-32-7: Water Meters. Motion was made by Loveless, seconded by Jones, that the bid be awarded as recommended by the City Manager as follows: Items 1-4 to Neptune Meter Company, Items S-8 to Hersey-Sparling Meter Company. 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Motion was made by Nelson, seconded by Iones, to pass the ordinance. On roll call vote, Nelson voted "aye", Finla¥ voted "aye", Loveless voted "aye" and Iones voted "aye", with Mayor Martin abstaining. Motion carried. ORDINANCE NO. 68-25 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS. Motion was made by ~ones, seconded by Nelson, to pass the ordinance. "a e" On roll call vote, Nelson voted y , Finlay voted "aye", ~ones voted "aye", Loveless voted "aye" and Martin voted "aye". Motion carried. 6. The City Manager presented a request from U. S. Gypsum Company asking the Council's consideration in honoring their withdrawal of a previous bid, Bid No. 68-29, due to an error in their price quoted to the City. Motion was made by Loveless, seconded by ~ones, to release U. S. Gypsum Company and award this bid to Texas Lime Company, as recommended by the Purchasing Agent and the City Manager. Motion carried. 7. Certificates of Acceptance: a. Motion was made by Jones, seconded by Finlay, to approve, and authorize payment of, under contract, construction work on Flow Memorial Hospital emergency drive to Denton Concrete Company. Motion carried. b. Motion was made by ~ones, seconded by Finlay, to approve and authorize payment of, under contract, construction work on City parking lots by Public Construction Company. Motion carried. 8. After discussion of minor changes in rules and regulations pertaining to the rental and use of the Community Building, motion was made by ~ones, seconded by Loveless, that the revised rate schedule and rules concerning the rental of the building be approved, as recommended by the Parks and Recreation Director and the City Manager. Motion carried. 9. Motion was made by ~ones, seconded by Nelson, to approve the City Manager's recommendation to appoint Peat, Marwick, Mitchell & Company as the official City Auditors for the current year at an estimated cost of $11,500 plus $850 expenses. Motion carried. 10. The citY Manager presented a letter from the Federal Aviation Administration,! Department of Transportation, requesting use of the old City Hall for an emergency operating facility for the Department of Transportation's Office of Emergency Tra n sporta tion. Motion was made by Finlay, seconded by ~ones, that the Manager confer with the.Public Health Unit and O.E.T. as to the feasibility of operating the unit and the Office of Emergency Transportation at the same time in case of an emergency. Motion carried. The Mayor suggested that the City Manager be prepared at the next regular Council meeting to discuss requirements and possibilities for the use of the old City Hall building. MUNICIPAL BUILDING August 13, 1968 ll. Work on the Eo McKinney Street proposed underpass was discussed, and motion was made by Loveless, seconded by Jones, to authorize the City Manager to negotiate for the employment of outside consultants to do the necessary engineering work on the proposed underpass, and to proceed with the final plans to take bids. Motion carried. 12. Charles Thomp son, Chairman of the Charter Revision Committee, reported to the Council that the Committee had finished its work as designated by the Council. The City Attorney stated ~hat the proposed charter changes to be brought before the public would be in finished form by the end of this week. Councilman Loveless suggested the public hearing for these proposed changes be postponed until late September in order to give the greatest number of people the opportunity to attend. The Council concurred without motion. Meeting adjourned at 10:15 p..m.~"~ ~/ ___~~ ,~ / Mayor '.I /,-"-~'~.~- City Secretary MUNICIPAL BUILDING August 27, 1968 - Regular meeting of the City Council, City of Denton, Texas, Tuesday, August 27, 1968, at 7:00 p.m...in the Council Chambers, Municipal Building. Present: Mayor Martin, Councilmen Loveless, ~ones, Finlay, and Nelson, City Manager, City Secretary. 1. Motion was made by Jones, seconded by Nelson, to approve the minutes of the regular meeting of August 13, 1968. Motion carried. 2. Petitions: a. Public hearing was held on the petition of Iess Coffey for zoning reclassification of City Lots 1-13, Block 187-19 and the eastern 140 feet of City Lot 3.1, Block 187-B from "R" Single Family Dwelling to "A-2" Apartments. After hearing proponents but no opponents, motion was made by Jones, seconded by Nelson, that the ..petition be approved as recommended by the Planning and Zoning Commission and the City Planner. Motion carried. b. Public hearing was held on the request of T. L. Caruthers, et al, for zoning reclassification of part of City Lot 5B and 19, Block 285, from "R" Single Family, "A-2" Apartments, and "LB" Local Business to "LI" Light Industrial. After hearing proponents but no opponents, motion was made by Loveless, seconded by Jones, that the petition be approved as recommended by the Planning and Zoning Commission and the City Planner. Motion carried. c. Public hearing was held on the petition of T. L. Caruthers, to annex the unannexed portion of a tract described in the M. E. P. and P. R. R. Survey, Abstract 950, Denton County, Texas, situated on the west side of Highway 35 E. After hearing proponents, but no opponents, and a favorable report from the Planning and Zoning Commission, motion was made by Loveless, seconded by Finlay, that the City Attorney be instructed to draw up an ordinance annexing this property. Motion carried. d. Motion was made by Nelson, seconded by Finlay, that the petition MUNICIPAL BUILDING August 27, 1968 of the Synod of Texas Presbyterian Zoundation requesting a change of zoning from "R" Residential to "LR" Local Retail on property located east of Teasley Lane and south of IS 35 E be referred to the Planning and Zoning Commission for its recommendation. Motion carried. 3. Public hearing was held on the request of J. L. Pannell of Denton Cab Company, who requested approval of a rate increase. Manager White recommended that Denton Cab Company be allowed a rate increase but that they should consider installing meters in cabs. Mr. White also recommended an increase immediately, but that the Council meet with Denton Cab Company in six months to discuss metering equipment and take a new look at rates. Motion was made by Finlay, seconded by Jones, that the Manager's recommendation be approved. Motion carried. 4. Grant Jacobsen, representing the Denton Chamber of Commerce, requested use of rooms on the east side of the north section of the second floor of the old City Hall for a Junior Achievement Program for Denton youth, the rooms to be used Monday through Wednesday nights from September or early October through the spring. Motion was made by Loveless, seconded by Nelson, that the Council authorize the City Manager to work out an agreement for use of these facilities and submit a recommendation to the City Council at the next regular meeting for final action. Motion carried. 5. The matter of negotiated contract for the maintenance of large water meters was discussed. The City Manager recommended entering into a contract with Hersey-Sparling Meter Company without taking bids, since this company is the only one serving this area. Motion was made by Loveless, seconded by Jones, to accept the Manager's recommendation and to negotiate a contract with Hersey-Sparling Meter Company. Motion carried. (It was pointed out that this request was recommended by the Public Utility Board and Jack Owen, Director of Public Works.) 6. Motion was made by Jones, seconded by Nelson, that a public hearing on the 1968-69 City Budget be set for Thursday, September 12, 1968, at 7:30 p.m. Motion carried. 7. Motion was made by Nelson, seconded by Jones, to set a public hearing on the proposed charter revisions for Tuesday, October l, 1968. Motion carried. 8. The City Manager stated that a City Employee barbecue is planned for September 9, 1968. Motion was made by Nelson, seconded by Jones, to approve September 9 as a date for the barbecue. Motion carried. 9. The City Manager suggested that an open~ house for the new Municipal Building be held during the month of September. Motion was made by Jones, seconded by Nelson, to tentatively set Sunda~y, September 29, 1968, from 2 to 5 p.m. as the date and time for this event. Motion carried. 10. The Council discussed the offer of T. P. & L. Company to sell to the City of Denton certain facilities located in the vicinity of U. S. Highway 77 (Old Sanger Highway) and R~ney Road adjacent to the north city limits of Denton. Motion was made by Finlay, seconded by Nelson, to authorize the City Manager to enter into a contract with T. P. & L. Company for the purchase of these facilities. Motion carried. Meeting adjourned at 8:30 p.m. ~ , ,,-~ City Secretary MUNICIPAL BUILDING August 29, 1968 Special meeting of the City Council, City of Denton, Texas, Thursday, August 29, 1968, at 7:30 p.m. in the Council Chambers, Municipal Building. Present: Mayor Martin, Councilmen Loveless, Jones, Finlay, and Nelson, City Manager, and City Secretary. 1. A special meeting of the City Council was held for the purpose of a public hearing on the petition of the Down Development Company requesting a quit claim deed for Cornell Lane from University Drive to the south boundary of North University Place. Mayor Martin opened the public hearing. 2. Speaking in favor of the quit claim deed petition were Harry Down, Developer, Don Edwards, Associate of Harry Down, Albert Konatsu, Fort Worth architect, and Lee Early, Associate of Harry Down. Speaking in opposition to the petition were Earl Coleman, local attorney representing twenty :residents of the .area, Jim Bayless, 1908 Cornell Lane, S. T. Frank, 1304 I)art. mouth, and Jerry Sharber, 1909 Cornell Lane. 3. The Mayor closed the public hearing. 4. After considerable discussion, a motion was made by Jones, seconded by Loveless, that the matter be deferred until a legal opinion could be obtained from the City Attorney as quickly as possible and not later than the next regular meeting, or sooner. Motion carried. _ Meeting adjourned at 9:20 p.m. //7 / /" / City Secretary MUNICIPAL BUILDING September 10, 1968 Regular meeting of the City Council, City of Denton, Texas, Tuesday, September 10, 1968, in the Council Chambers, Municipal Building. Present: Mayor Martin, Councilmen Loveless, Jones, Nelson and Finlay, City Manager, Assistant City Manager, City Attorney, and City Secretary. 1. Motion was made by Loveless, seconded by Jones, to approve the minutes of the regular meeting of August 27, 1968. Motion carried. 2. Bids: a. No. 68-25-6: Meters and Allied Equipment. Motion was made by Jones, seconded by Finlay, that the bids be awarded as follows as recommended by the City Manager: Items 1-3, 6, 10, 14, 16, 19, 22, 25-28, 30-34, 38, 39, to Nelson Electric; Items 4 and 47 to Dusenberry, Items 5 and 29 to Priester Supply; Item 7 to Cummings Electric; Items 8 and 9 to Westinghouse; Items 15, 20, 21, 36, and 37 to Associates Engineering; Item 35 to Graybar; Items 40, 41, 44-46, and 48-69 to Signal Engineering. Motion carried. MUNICIPAL BUILDING September 10, 1968 b. No. 68-48: Sale of Scrap Wire, Metal, Etc. Motion was made by Finlay, seconded by Jones, that the bids be awarded as follows as recommended by the City Manager and that Items 5 and 6 not be sold but negotiated for a more favorable price: Item 1 at $25.10 per hundred weight and Item 7 at $18.00 per ton to Edwin Fulton; Item 2 at $.07 a pound to J. D. Alexander; Item 3 at $.17 a pound and Item 4 at $.50 per hundred weight to G. J. Hilliard. Motion carried. c. No. 68-39-8: Concrete and Sack Cement. Motion was made by Loveless, seconded by Jones, to award the bids as follows as recommended by the City Manager: Item 1 to Denton Concrete; Items 2, 3, and 4 to Moore Building Products; and Item 5 to Jackson Concrete Company. Motion carried. d. No. 68-41-9: Trencher-Backhoe. Motion was made by Loveless, seconded by Jones, that the bid be awarded to the only bidder, Peerless Equipment Corporation, in the amount of $14,263, less trade-in of City Rig 325 in the amount of $3,500 fora total net price of $10,763. Motion carried. 3. Harry Down of the Down Development Corporation requested that no action be taken on his petition for a quit claim deed of Cornell Lane. 4. Ordinances: ORDINANCE NO. 68-26 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF _ CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, ANDAS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS 1-13 OF CITY BLOCK 187-19 AND THE EASTERN 140' OF CITY LOT 3.1 OF CITY BLOCK 187-B AS SHOWN ON THE OFFICIA'L CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Finlay, seconded by Iones, that the ordinance be adopted. On roll call vote, Nelson voted "aye", Finlay voted "aye", Iones voted "aye", Loveless voted "aye" and Martin voted "aye". Motion carried. ORDINANCE NO. 68-27 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PAP~TS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOT 5B AND CITY LOT 19 OF CITY BLOCK 285 AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PA]ITICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by ~ones, seconded by Finlay, to adopt the ordinance. On roll call vote, Nelson voted "aye", Finlay voted "aye", lones voted "aye", Loveless voted "aye", and Martin voted "aye". Motion carried. ORDINANCE NO. 68-28 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADIACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 1.95 ACRES LYING AND BEING SITUATED IN THE COUNTY OF DENTON, TEXAS, AND BEING INITHE M.E.P. AND P.R.R. SURVEY ABSTRACT NO. 950, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS "LI" - LIGHT INDUSTRIAL DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. ORDINANCE NO. 68-28 Motion was made by.Jones, seconded by Finlay, that the ordinance be adopted. On roll call vote, Nelson voted "aye", Finlay voted "aye", ~ones voted "aye", Loveless voted "aye" and Martin voted "aye". Motion carried. ORDINANCE NO. 68-29 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS, PROVIDING A NEW SCHEDULE OF MAXIMUM FARES TO BE CHARGED BY TAXICABS WITHIN THE CITY; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jones, seconded by Finlay, that the ordinance be adopted. On roll call vote, Nelson voted "aye", Finlay voted "aye", Jones voted "aye", Loveless voted "aye" and Martin voted "aye". Motion carried. $. Motion was made by Loveless, seconded by Finlay, that the City of Denton Tax Adjustments report for the month of August 1968 in the amount of $69.52 be approved. Motion carried. 6. The Council discussed the request of the Chamber of Commerce, ~unior Achievement Division, for use of a portion of the old City Hall. The City Manager stated that he had conferred with the Chamber representative and the Dallas representative of the [unior Achievement Program. The Manager explained that three rooms on the northeast corner of the second floor of the old City Hall were adequate for this program and that a written agreement would be prepared stating that rooms could be vacated on short notice. Motion was made by Loveless, seconded by Finlay, to accept the _ recommendation of the City Manager and approve the request of the Chamber of Commerce. Motion carried. 7. Motion was made by Jones, seconded by Nelson, to set the public hearing date on General Telephone Company's request to raise telephone rates in the City of Denton, for Tuesday, October 8, 1968, at 7:30 p.m. Motion carried. Meeting adjourned at 8:15 p.m. Mayor City Secretary MUNICIPAL BUILDING September 12, 1968 Special meeting of the City Council, City of Denton, Texas, Thursday, September 12, 1968, at 7:30 p.m. in the Council Chambers, Municipal Building. Present: Mayor Martin,. Mayor Pro Tern Loveless, Councilmen Nelson and Finlay, ~ity Manager, Assistant ~ity Manager, City Attorney, and City Secretary. Absent: Councilman Jones MUNICIPAL BUILDING September 12, 1968 1. The meeting was called to order for the purpose of a public hearing on the 1968-69 budget. Mayor Martin read the budget letter of the City Manager and then opened the public hearing. The following citizens appeared before the Council: a. Mrs. Robert Hughes, representing the League of Women Voters, expressed interest in the- funds for the Public Health Unit. The City Manager stated that the old City Hall might be used as the location of the Public Health Unit and that the City could pay its share of the cost without substantially increasing the budget. b. Linda Chambers, Child Health Nurse, asked if the City's share could be increased. The Manager stated that by making the City Hall available to the Unit, an increase would result. c. Hazel Frederick, representing the B 61 PW Club, requested that the Council pay for the fencing of three sides of Oakwood Cemetery, adding that B 61 PW had funds for fencing one side. She was advised by the Manager that the City has budgeted one-half of the cost for this purpose if the B 61 PW would finance the other half. The Mayor closed the public hearing. 2. The City Manager at the request of Mayor Martin briefly gave the high points of the 1968-69 City Budget. Meeting adjourned at 8:15 p.m. ~Zake Martin City Secretary MUNICIPAL BUILDING September 19, 1968 Special meeting of the City Council, City of Denton, Texas, September 19, 1968, at 12:15 p.m. in the Council Chambers, Municipal Building. Present: Mayor Martin, Mayor Pro Tem Loveless, Councilmen Nelson, Jones, City Manager, Assistant City Manager, City Attorney, City Secretary. Absent: Countilman Finlay 1. The Mayor called the meeting to order for the purpose of approving the 1968-69 City Budget. 2. Motion was made by Jones, seconded by Nelson, to approve the 1968-69 budget, and to instruct the City Attorney to draw up an ordinance for final approval at the next regular meeting. Meeting adjourned at 12:20 p.m. City ~ec~eta~ MUNICIPAL BUILDING September 24, 1968 Regular meeting of the City Council, City of Denton, Texas, Tuesday, September 24, 1968, at 7:00 p.m. in the Council Chambers, Municipal Building. Present: Mayor Martin, Mayor Pro Tem Loveless, Councilmen Jones, Nelson and Finlay, City Manager, Assistant City Manager, City Attorney, City Secretary. 1. Motion was made by Jones, seconded by Finlay, that the minutes of the regular meeting of September 10, t968, be approved. Motion carried. 2. Visitors: a. It. R. Pemberton, representing the Highway Committee of the Denton Chamber of Commerce, appeared relative to the possibility of the construction of a direct highway from Denton to the new regional airport. Mr. Pemberton then read a resolution that was passed by the Denton County Commissioners Court which requested that Denton County petition the Texas Highway Commission for such a highway. Mr. Pemberton requested that the City acquire right-of-way within the Denton city limits and requested that the City Manager, Mayor and Councilmen be a part of a group to contact the Texas Highway Commission i.n Austin. Motion was made by Loveless, seconded by Nelson, to instruct the Manager and the City Attorney to draw up a resolution favoring the project and the intent of the City to participate in same. Motion carried. 3. The following ordinances were presented: ORDINANCE NO. 68-30 AN ORDINANCE ESTABLISHING PARKING LIMITATIONS UPON CERTAIN STREETS IN THE VICINITY OF THE CENTRAL BUSINESS DISTRICT; PROVIDING A PENALTY FOR VIOLATING SUCH LIMITATIONS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jones, seconded by Nelson, to adopt the ordinance. On roll call vote, Nelson voted "aye", Finlay, "aye", Jones, "aye", Loveless "aye", and Martin, "aye". Motion carried. ORDINANCE NO. 68-31 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1968, AND ENDING ON SEPTEMBER 30, 1969, LEVYING TAXES FOR THE YEAR 1968 TO BE ASSESSED ON ALL TAXABLE PROPERTY WITIIIN THE LIMITS OF THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jones, seconded by Nelson, to adopt the ordinance. On roll call vote, Nelson voted "aye", Finlay, "aye", Jones, "aye", Loveless "aye", and Martin,"aye". Motion carried. 4. The following resolution was presented: R E S O L U T I O N BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, that the attached and incorporated Tax RoN for the City of Denton, Texas as presented by the Board of Equalization of the City of Denton, adopted and MUNICIPAL BUILDING September 24, 1968 recommended in the manner prescribed by law, is hereby approved and adopted by the City Council in its entirety and without amendment. The said attached Tax Roll shall become part of this RESOLUTION as if set out in full herein. PASSED AND APPROVED this 24th day of September, 1968. Zeke Martin, Mayor ATTEST: Brooks Holt, City Secretary APPROVED AS TO LEGAL FORM: ~ack Q. Barton, City Attorney TAX ROLL OF REAL ESTATE AND PERSONAL PROPERTY IN THE CORPORATE LIMITS OF THE CITY OF DENTON, TEXAS, RENDERED FOR TAXATION FOR THE YEAR 1968 City Tax Rate: $1.50 per $100 Valuation Accounts Tax Valuation 892 $ 139,944.26 $ 9,329,617.00 Business Personal Property 10,212 84,079.71 5,605,314.00 Personal Property 11,247 780,980.40 52,065,360.00 Real Estate Property 22,351 $1,005,004.37 $67,000,291.00 We, Clayton Atkins, Joe Skiles, and Raymond Pitts, members of the Board of Equalization for the year 1968, having examined the within tax roll, find the same correct. In testimony hereof, witness our hands this the 24th day of September, 1968. (Chairman) Clayton Atkins Joe Skiles Raymond Pitts Motion was made by Jones, seconded by Nelson, to approve the resolution. On roll call vote, Nelson voted "aye", Finlay, "aye", Jones, "aye", Loveless, "aye", and Martin, "aye". Motion carried. 5. Motion was made by Jones, seconded by Nelson, that the statement of Norsworthy-Mercer, Inc. for advertising through the Chamber of Commerce Study Group be approved in the amount of $12,202.25. Motion carried. Meeting adjourned at 8:05p.m. .;,. ~,, ...... ~/~~ /-'~ ,, /"~ ~ ' City Secretary MUNICIPAL BUILDING October 1, 1968 Special meeting of the City Council, City of Denton, Texas, Tuesday, October 1, 1968, at 7:30 p.m. in the Council Chambers, Municipal Building. Present: Mayor Martin, Mayor Pro Tem Loveless, Councilmen [ones, Nelson, and Finlay, City Manager, Assistant City Manager, City Attorney, City Secretary. 1. Mayor Martin opened the public hearing on the recommended Charter changes, and read the following: AMENDMENT NO. 1 SECTION 2.01 THE GOUNCIL- NUMBER, SELEGTION AND TERM (a) "The Council shall consist of seven members, one of which shall be Mayor, elected in the manner prescribed below for a term of two (2) years and until their respectiw~ successors have been elected and qualified. '~ SECTION 2.01 (b) "The members of the City Council shall be elected by the qualified voters of the entire City. The person elected as Councilman, Place 7, shall be presiding officer who shall be known as the Mayor of the City of Denton. The places of the several Councilmen shall be designated on the official ballot as Member of Council, Place No. 1, 2, 3, 4, 5, 6, and 7. Places 1 through 4 shall be elected in even numbered years. Places $ through 7 shall be elected in odd numbered years. Any qualified person may select, or be nominated for, any place to be vacated by the next City election as provided in Article III of this Charter. A candidate for any place may reside in any portion of the City. SECTION 2.03 PRESIDING OFFICER: MAYOR AND MAYOR PRO TEM The Council shall, as soon as possible after the annual election, elect from its membership a Mayor Pro Tern. The Mayor shall preside at meetings of the Council and shall be recognized as head of the City Govern- ment for all ceremonial purposes and by the Governor for purposes of martial law but shall have no regular administrative duties. The Mayor shall be entitled to vote upon all matters considered by the Council but he shall have no veto power. The Mayor Pro Tern shall act as Mayor during the absence or disability of the Mayor and if a vacancy occurs shall become Mayor for the completion of the unexpired term. SECTION 2.06 QUORUM, VOTING (a) During the period of time when the Council shall consist of the five members required by this .Article and the holdover Commissioners who are in office at the time this charter is adopted, a majority of all the members shall constitute a quorum for the transaction of business; thereafter, any four members of the Council shall constitute a quorum for the transaction of business, and the affirmative vote of four members of the Council shall be necessary to repeal any ordinance or take any official action in the name of the City except as otherwise provided in this charter or by the general laws of the State of Texas. SECTION 3.01 MUNICIPAL ELECTIONS (b) "Three (3) Councilmen shall be elected on the first Saturday in April, 1969. At this electio~ the candidate who receives the majority of votes cast for each place shall be declared elected to that place. The places to be filled shall be Places 5, 6 and 7. Place 7 shall be the Mayor. At the first meeting of this Council the two (2) carry-over members shall draw for Places 1, 2, 3, or 4. The two councilmen who draw shall serve the balance of their term MUNICIPAL BUILDING October 1, 1968 until their successor is elected and qualified. Thereafter four councilmen shall be elected on the first Saturday in April of each even-numbered year and three councilmen shall be elected on the first Saturday in April of each odd-numbered year to Places 1 through 4, and 5 through 7 respectively." SECTION 3.02 NOMINATIONS (a) Any qualified person may have his name placed on the ballot as a candidate for a place on the Council by filing with the City Secretary not more than ninety nor less than thirty days prior to the date of election an application in substantially the following form: I, , do hereby declare that I am a candidate for the Council of the City of Denton Place and request that my name be printed upon the Official Ballot for that office in the next City election. I am qualified to serve on the Council with respect to the qualifications set forth in the charter. I reside at , Denton, Texas. Signed The foregoing petition was filed with the City Secretary on the day of , 19 City Secretary (b) As an alternative method, any qualified person may be nominated for a place on the Council by a written petition signed by thirty qualified voters of the City, provided the candidate signs the petition certifying his acceptance. One such petition shall be circulated and signed for each nominee or candidate. With each signature shall be stated the place of residence of the signer, giving the street and number or other description sufficient to identify it. Nominating petitions shall be filed with the City Secretary not more than ninety days nor less than thirty days before the election day, and shall be in sub- stantially the following form: We, the undersigned electors of the City of Denton, hereby nominate whose residence address is as a candidate for the Council of the City of Denton, Place , to be voted for at the election to be held on the __day of , 19 ; and we individually certify that we are qualified to vote for a candidate for the Council. Name Address Date of signing (Spaces for thirty signatures and required data) Acceptance of Nomination I am qualified to serve on the Council of the City of Denton with respect to the qualifications set forth in the Charter. I hereby accept the nomination for Council- man Place and agree to serve if elected. Signature of Candidate .48 MUNICIPAL BUILDING October 1, 1968 Statement of Circulator The undersigned is the circulator of the foregoing petition containing thirty signatures. Each signature was appended thereto in my presence and is the genuine signature of the person whose name it purports to be. Signature of Circulator Address of Circulator The foregoing petition was filed with the City Secretary on the day of _, 19 SECTION 3.04 (b) "The candidates receiving a majority of the votes cast for each place shall be declared elected. If no candidate receives a majority, or if there is a tie, for any one place, the Council shall order a second election to be held on the fourteenth (14) day after the first election to fill that place. Only the names of the candidates who tie for the highest number of votes cast for that place, ,or the two (2) candidates who receive the highest number of votes with neither having a majority of the votes cast for that place, shall be printed on the ballot for each such place. In the event of a tie vote at the second election, the candidates who tie shall cast lots in the presence of the City Secretary to determine which one shall be declared elected, and said lots shall be cast within five (5) days of the second election." AMENDMENT NO. 2 SECTION 2.09 ORDINANCES (a) In addition to such acts of the Council as are required by statute or by this Charter to be by ordinance, every act of the Council establishing a fine or other penalty or providing for the expenditure of funds or for the con- tracting of indebtedness, shall be by ordinance. AMENDMENT NO. 3 SECTION 3.01 MUNICIPAL ELECTIONS (a) The regular election for the choice of members of the City Council as provided in Article II shall be held each year on the first Saturday in April. The Council may by resolution order special elections, which shall be held as nearly as practicable according to the provisions for a regular election. The hours and places for holding all City elections shall be determined by the City Council. SECTION 3.04 CANVASS: ELECTION RETURNS, RESULTS (a) Immediately after counting the votes the presiding election judge shall deliver the official returns of the election to the City Secretary. On the next Friday following the election, the City Council shall canvass the returns and declare the results. The returns of every municipal election shall be recorded in the minutes of the Council. AMENDMENT NO. 4 SECTION 6.03 CORPORATION COURT MUNICIPAL BUILDING October 1, 1968 (b) The City Judge shall preside over the Corporation Court. The City Judge shall be a qualified attorney-at-law licensed to practice in the State of Texas. He shall be appointed by, and shall serve at the pleasure of, the Council. The City Judge shall receive such compensation as may be fixed by the Council. AMENDMENT NO. SECTION 6.04 CLERK OF THE COURT The Clerk of the Corporation Court shall have the power to administer oaths and affidavits, make certificates, affix the seal of the court, and perform such other duties or acts as may be necessary in issuing process and conducting the business of the court. AMENDMENT NO. 6 Removing and deleting the existing Section 10.12 of the Charter which reads as follows: SECTION 10.12 SLUM CLEARANCE AND REHABILITATION OF BLIGHTED AREAS The Council may adopt, modify and carry out plans proposed by the Planning and Zoning Commission for the clearance of slum districts and blighted areas within the City and, for the accomplishment of this purpose, may acquire by purchase or condemnation all privately owned land, buildings, and other real property interests within the district; may establish, locate, relocate, build and improve the streets and other public open spaces provided for in the plan; may maintain, operate, lease or sell said buildings or any of them; may sell the land or any part thereof designated for buildings and private open spaces upon such terms and conditions and subject to such restrictions as to building uses and open spaces as will substantially carry out and effect the plan. AMENDMENT NO. 7 SECTION 12.07 THE PUBLIC UTILITIES BOARD (a) There is hereby created a Public Utilities Board to be composed of five members, appointed by the Council for four-year terms and until their respective successors have been appointed and qualified; provided, that the members of the first Board appointed under this provision shall, at their organizational meeting, draw for terms as follows: one shall draw a one- year term, one a two-year term, one a three-year term, and two shall draw four-year terms, and at the expiration of each of the terms so provided for, a successor shall be appointed for a term of four years. Members of the Board may be removed by the Council only for cause and only after charges have been filed and published and the member has been given a reasonable opportunity to defend himself in an open public hearing before the Council. Vacancies shall be filled for any unexpired term in the same manner as provided for regular - appointments. 2. The Mayor asked for comments from citizens present on each amendment: AMENDMENT ~1 - Mrs. Robert Hughes, president of the Denton League of Women Voters, stated that the League of Women Voters of Denton reaffirms its confidence in our present City Charter as a viable document and opposes every amendment proposed as either unnecessary at this time or detrimental to a healthy council-manager form of government. MUNICIPAL BUILDING October 1, 1968 Jim Riddlesperger voiced opposition to the election of the Mayor by the electorate, stating that the Council should have the prerogative to choose its own chairman. He also said that items on the ballot should be separate for clarity. He added that he did not object to the other proposed changes, but that the matter of the election of the mayor by the people in particular be a separate item on the ballot. AMENDMENT ~2 - No cornment AMENDMENT ~3 - No comment AMENDMENT ~4 - No comment AMENDMENT ~5 - No comment AMENDMENT ~6 - Mrs. Robert Hughes stated this amendment would be of little or no value AMENDMENT ~7 - Jim Riddlesperger suggested that the Utilities Board members be recommended by the Manager to the Council 3. Councilman Finlay asked if the Charter Revision Committee had held public hearings. Charter Revision Committee Chairman, Charles Thompson, stated that no public hearings as such had been held, but that all meetings were open to the public. 4. The Mayor closed the public hearing. 5. Motion was made by Finlay, seconded by Loveless, that action on the subject of Charter changes be reserved for a regular Council meeting. Motion carried. Meeting adjourned at 8:45 p.m. Mayor //", /, ,, Cf~ ~ecretary MUNICIPAL BUILDING October 1, 1968 Special meeting of the City Council, City of Denton, Texas, Tuesday, October 1, 1968, inthe Municipal Building. Present: Mayor Martin, Mayor Pro Tam Loveless, Councilmen Nelson, Finlay and Jones, City Manager, Assistant City Manager, City Attorney, and City Secretary. 1. Motion was made by Loveless, seconded by Nelson, to appoint the firm of Forrest and Cotton, Inc. as consulting engineers and authorizing the Mayor to sign the contract. Motion carried unanimously. Mayor C'~ty Secretary MUNICIPAL BUILDING October 8, 1968 Regular meeting of the City Council, City of Denton, Texas, Tuesday, October.8, 1968, at 7 p.m. in the Council Chambers, Municipal Building. Present: Mayor Martin, Mayor Pro Tem Loveless, Councilmen Nelson, Finlay, and Jones, City Manager, Assistant City Manager, City Attorney, and City Secretary. 1. Motion was made by Jones, seconded by Nelson, that the minutes of the special meetings of September 12, 1968, and September 19, 1968, and the regular meeting of September 24, 1968, and the special meeting of October 1, 1968, be approved. Motion carried. 2. The Mayor presented a proclamation to the officers of the Denton Business and Professional Women's Club. Following the presentation, a discussion of the fencing of Oakwood Cemetery was held. No official decision was made as to the problem of financing this project. 3. Several women spoke in behalf of a recommendation by the Parks and Recreation Board that the City-County Library be named the Emily Fowler Library. Quinby Self, Chairman of the Parks and Recreation Board, read a resolution approved by the Parks and Recreation Board which endorsed the change of name to the Emily Fowler Library. It was pointed out that the Denton County Commissioners Court had also passed a like resolution. Motion was made by Loveless, seconded by ~ones, that the Council join with the County of Denton in naming the City-County Library the Emily Fowler Library. Motion carried. The following resolution was presented: R E S O L U T I O N WHEREAS, the Parks and Recreation Board of the City of Denton on the 1st day of October, 1968, and the Commissioners Court of Denton County on the 7th day of October, 1968, have appro- priately acknowledged the excellent services rendered to the people of the County of Denton by Mrs. Emily Fowler, by each unanimously recommending that the City and County supported Library situated in Civic Park be dedicated to, and named the EMILY FOWLER LIBRARY as a perpetual monument to a very dedicated citizen. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: That the new library jointly sponsored by the City of Denton and the County of Denton, situated in the Civic Center of the City, be named the EMILY FOWLER LIBRARY in honor of Mrs. Emily Fowler for her many years of service to the community and surrounding area as librarian and literary consultant; and that said library shall bear such name from this day forward. PASSED AND APPROVED this 8th day of October, A. D. 1968. Zeke Martin , Mayor City of Denton, Texas ATTEST: MUNICIPAL BUILDING October 8, 1968 Brooks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM[: Jack Q. Barton, City Attorney' City of Denton, Texas Motion was made by Nelson, seconded by Finlay, that the resolution be adopted. On roll call vote, Nelson voted "aye", Finlay, "aye", Jones, "aye", Loveless, "aye", and Martin, "aye". Motion carried. 4. Public hearing was held on the request of the General Telephone Company for a rate increase. The Mayor opened the public hearing. Speaking for the telephone company was Don Gibbs, Revenue Requirements Director. Ed McAfee inquired as to the possibility of a metro service. He asked that this be studied before a final determination be made. Mr. Gibbs stated that long term plans called for an eventual metro calling plan. Councilman Jones asked what increase toll revenue had on net income. Gibbs answered that this was difficult to determine. City Manager White read a report to the Council relative to the request of General Telephone, pointing out that there were two facts that justify careful consideration: 1. The wide discrepancy between the value of property submitted for taxation, versus the present fair value of property as described for rate purposes. 2. The rate comparison with other cities in this area. The Mayor closed the public hearing. Motion was made by Finlay, seconded by Loveless, to delay action on General Telephone Company's request until additional information can be obtained and studied. Motion carried. $. Visitors: a. Hoyt Wilson requested that the Council pass a resolution giving approval for a Federal rent supplement program in Denton. Mr. Wilson stated that he proposed construction of a $1,250,000 apartment complex in the Dream- land Subdivision. He added that under the Federal Rent Supplement Program, tenants must qualify on an income basis to be eligible to rent these apartments and that the Federal Government subsidizes the rent payments to the owners of the apartments. Motion was made by Nelson, seconded by Finlay, to adopt the resolution. In discussing the matter, the City Manager recommended that this should be discussed more thoroughly. Nelson withdrew his motion to adopt the resolution and then moved that the matter be referred to the Manager and his staff for further study, and that the report be ready for the Council's consideration at the next regular meeting. Motion was seconded by Finlay. Motion carried. b. Robert Skipworth, representing the University Assembly of God Church, requested consideration for the opening of a street between Sherman Drive and Heather Lane, pointing out that this would help to alleviate a drainage problem in the area and would give ready access to the neighborhood as well as the members of the Church. The Manager stated that although a drainage problem does exist in the area, a new street would not solve the problem. MUNICIPAL BUILDING October 8, 1968 He recommended that the City participate on a 50-50 basis on the cost of drainage, pointing out that the City's part would be approximately 8500.00. He added that the Council should reject the request for the street. Mr. Skipworth indicated that the Church board would not accept the City's proposal. Motion was made by Nelson, seconded by Jones, that the request for the street be denied, and that the offer of 8500 toward the cost of drainage work stand. Motion carried. c. Joe Hawley, Jr. appeared requesting permission for a CATV franchise in Denton. He stated that plans were to include a local TV station on the CATV system only which would carry local news, special local events, and local sports. Motion was made by Martin, seconded byFinlay, that other individuals and firms who had requested a CATV contract in Denton be notified and given an opportunity to give their presentations and that the thinking of the Utilities Department of the City be obtained. Motion carried. 6. Petitions: a. Public hearing was held on the petition of Joe Skiles, requesting a change in zoning classification on City Lots 2-5, part of 6 and 8, Block 285, from "R" Single Family to "LR" Local Retail. This property is further described as being located at the southeast corner of Teasley Lane and Interstate Highway 35. After proponents, and no opponents, motion was made by Jones, seconded by Finlay, that the petition be approved.. Motion carried. b. Motion was made by Jones, seconded by Finlay, that the petition of Richard A. Harris, requesting zoning classification change for City Lots 1 and 3, Block 444, from "R" Single Family to "A-2" Multi-family, be referred to the Planning and Zoning Commission. Motion carried. c. Motion was made by Nelson, seconded by Finlay, that the petition of Doyle P. Neasbitt, requesting zoning reclassification on City Lot 3, Block 352, from "R" Residential to "A-I" Multi-family, be referred to the Planning and Zoning Commission. Motion carried. 7. A proposed traffic control ordinance in the Bell Avenue area was presented for consideration. Motion was made by Jones to adopt the ordinance. In the following discussion, Finlay pointed out that something must be done but presently there are only 65 off-street parking spaces for a very large dormitory, and that further study should be made and conferences held with the University officials. Jones withdrew kis motion. Mayor Martin requested the City Manager and staff to consult with Texas Woman's University officials concerning this matter. 8. The following resolution was presented: R E S O L U T I O N WHEREAS, the Cities of Dallas and Fort Worth are jointly engaged in the establishment and construction of a new and modern airport designed to serve air travel in a large area of northern Texas and southern Oklahoma; and WHEREAS, plans and design for the said regional airport provide for the construction of said airport in the area lying between the Cities of Irving and Grapevine, and the northern edge of the said airport will extend to a point in close proximity to the Tarrant-Denton County line; and MUNICIPAL BUILDING October 8, 1968 WHEREAS, it is intended and the said airport is designed to serve the northern region of Texas and the southern region of Oklahoma as a terminal and departure point for all foreign and domestic passenger and freight airlines; and WHEREAS, the said Dallas-Fort Worth regional airport will be the largest and most modern airport in the world and will attract air travelers residing in Denton, Grayson, and Cooke Counties in Texas as well as a large area in southern Oklahoma; and WHEREAS, when the existing airport, facilities are moved from Love Field to the new regional airport, all automobile traffic desiring to travel to and from the regional airport from the City of Denton will be required to travel a devious and circuitous route of travel-to and from the regional airport along the existing U. S. Highway 377 and Interstate Highway 35E and State Highway 121, all of which highways are at this time exceedingly conjested with traffic, and all of which highways require a considerable amount of indirection in travel to any person traveling to the new regional airport; and WHEREAS, the Commissioners' Court of Denton County, Texas, has found, and the Council of the City of Denton, Texas, finds, that at the time of the completion of the new regional airport there will be a general public need for a new direct and modern high- way providing access to the said airport from the City of Denton. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT it hereby petitions the Texas Highway Commission to authorize the initiation of a study which will result in plans for a new direct and modern highway which would provide direct access and travel from the City of Denton to the said regional airport and that the City of Denton join with representatives of Denton County and the Denton Chamber of Commerce in presenting the need and justification for such a highway. BE IT FURTHER RESOLVED, that the City of Denton, Texas, hereby agrees to acquire the land within its corporate boundaries necessary to construct the above described highway, and to share in the cost of such acquisition; and the Mayor of the City of Denton is hereby authorized to sign and execute all papers and documents required to commence this needed project, upon approval of each by the (Zity Attorney. PASSED AND APPROVED this 8th day of October, A. D. 1968. Zeke Martin, Mayor City of Denton, Texas ATTEST: Brooks Holt, City Secretary City of Denton, Texas MUNICIPAL BUILDING October 8, 1968 APPROVED AS TO LEGAL FORM: Jack Q. Barton, City Attorney City of Denton, Texas Motion was made by Jones, seconded by Nelson, that the resolution be adopted. On roll call vote, Nelson voted "aye", Finlay, "aye", Loveless, "aye", Jones, "aye", and Martin, "aye". Motion carried. Meeting adjourned at 10:08 p.m. ,'r"? / //. GiW' S~cretary MUSIGIPAL BUILDING Oatober 22, 1968 Regular meeting o~the Gity Goungil, GiW of Denton, Texas, Tuesday, Ogtober 1968, ~t 7 p.m. in the Go~ngil Ghamb~rs, M~nicipal B~ildin~. Present: Mayor Pro Tern Loveless, Go~nailmen Nelson, Finlay and Jones, Gity ~anager, Assistant GiW Manager, GiW Attorney, Absent: ~ayor Matin 1. Motion was made by Jones, seconded by Finlay, to approve the minutes of the special meeting of October 1, 1968, and the regular meeting of October 8, 1968. Motion carried. 2. Visitors: a. Mrs. Charley Shephard, Chairman of the Inter-racial Fellowship of Denton, presented a booklet containing a survey of the street assessment program in Southeast Denton. The City Manager explained that right-of-way must be obtained from abutting property owners in the area before the paving work can be completed. 3. Motion was made by Jones, seconded by Nelson, that an oscilliscope be purchased from Textronix, Inc. at a price of $1,425.00, as recommended by the City Manager who pointed out that this purchase was without bids because Textronix, Inc. was the only company meeting the required specifications. Motion carried. 4. Ordinances: a. The following ordinance was presented: AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS 2, 3, 4, 5, AND 8 OF CITY BLOCK 285 AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. .56 MUNICIPAL BUILDING October 22, 1968 Motion was made by Nelson, seconded by Finlay, to adopt the ordinance. On roll call vote, Nelson voted "aye", Finlay, "aye", Iones,"aye", and Loveless, "aye". Motion car:tied. b. The following ordinance was presented: Ordinance No. 68-33 AN ORDINANCE PROHIBITING PARKING ALONG CERTAIN PORTIONS OF BELL AVENUE AND BLOUNT STREET; PROVIDING A PENALTY; DECLARING AN EFFECTIVE DATE. Motion was made by Jones, seconded by Nelson, that the ordinance be adopted. After hearing Harold Landry, TWU professor, oppose the ordinance, a roll call vote was taken with Nelson voting "aye", Finlay, "aye", Jones, "aye", and Loveless, "aye". Motion carried. 5. Motion was made by Jones, seconded by Nelson, that payment to Norsworthy-Mercer, Inc. in the amount of $2,240.64 for advertising services be approved. Motion carried.. 6. The following resolution was presented: RESOLUTION APPROVING PARTICIPATION BY LOCAL HOUSING OWNERS IN THE FEDERAL RENT SUPPLEMENT PROGRAM. ~q-IEREAS, under the provisions of Section 101 of the Housing and Urban Development Act of 1965, as amended, the Secretary of Housing and Urban Development is authorized to enter into contracts to make rent supplement pay- ments to certain qualified housing owners on behalf of qualified low-income families who are elderly, handicapped, displaced, victims of natural disaster, or occupants of substandard housing; and WHEREAS, the provisions of said Section 101 cannot be made available to housing owners in certain localities unless the governing body of the locality has by resolution given approval for such participation in the Federal Rent Supplement Program. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1. Approval is hereby granted for participation in the Federal Rent Supplement Program by qualified housing owners of property located in the Southeast part of Denton on South Ruddell Street in Dreamland Subdivision consisting of sixteen (16) acres more or less, said approval not deleting in any manner the authority vested in the City of Denton to control any housing operation through its Building Code, Zoning Ordinance, Traffic Ordinance, and all other duly enacted ordinances. This resolution is passed pursuant to Section 101 of the Housing Act but does not supersede, deter, delete or override any authority vested in the City of Denton to control the proposed operation. SECTION 2. That this resolution shall take effect from and after its passage and it is accordingly so ordered. PASSED AND APPROVED by the City Council of the City of Denton, Texas, this 22nd day of October, 1968. ATTEST: Mayor City Secretary APPROVED AS TO FORM: MUNICIPAL BUILDING October 22, 1968 In connection with the foregoing resolution, the following Agreement was presented: THE STATE OF TF~AS ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON t That the undersigned apartment developers of, and being all of the owners of the rental units located in, the southeast part of the City of Denton, Denton County, Texas, on South Ruddell Street in Dreamland Subdivision, an addition to the City of Denton, consisting of sixteen (16) acres of land, more or less, and included in a certain Resolution passed by the Council of the City of Denton on the 22nd day of October, A. D. 1968 under the provisions of Section 101 of the Housing and Urban Development Act of 1965, as amended, for the undersigned to participate in the Federal Rent Supplement Program as described therein; FOR AND IN CONSIDERATION OF the passage of said Resolution, and the receipt of the benefits therein described, the undersigned hereby promise and agree, and hereby bind 'our successors and assigns, as follows: Should the City of Denton at any time within five (5) years from the date of this agreement, enter into or commence a workable program of any nature involving area rehabilitation of any kind which'causes, or may cause, the displacement of any person from a residence within the City of Denton, then the undersigned at that time, shall immediately give priority for the next rental unit becoming available, to each and every person so displaced by the City of Denton, and the City Council shall furnish the undersigned or its agent or manager, a list of such persons, which list shall become the "priority of renting" list in the chronological order presented by said City and no other person or family shall have equal or greater priority. It is the purpose and intent of this agreement to furnish facilities, when available, to persons displaced by action of the City of Denton. Signed and dated this 22nd day of October, A. D. 1968. Hoyt G. Wilson Developer MUNICIPAL BUILDING October 22, 1968 Motion was made by Finlay, seconded by Nelson, that the resolution along with an agreement between the City and Hoyt G. Wilson be adopted and approved. On roll call vote, Nelson voted "aye", Finlay, "aye", Jones, "no", and Loveless, "aye". Motion carried. 7. Motion was made by Jones, seconded by Nelson, that the permit for Western Union attachment on twenty-three poles for TWU clock circuit at an annual rental rate of $4.60 be approved. Motion carried. 8. Motion was made by Finlay, seconded by Iones, that a contract with Clarence Phillips for radio equipment maintenance be approved and the Mayor Pro Tem be authorized to sign the contract. Motion carried. Meeting adjourned at 8:25 p.m. ..:.~,..~ /' / , ~,~ Mayor Pro Tern City Secretary MUNICIPAL BUILDING November 4, 1968 Special meeting of the City Council, City of Denton, Texas, Monday, November 4, 1968, at 1:15 p.m. in the Council Chambers of the Municipal Building. Present: Mayor Martin, Mayor pro-tern Loveless, Councilmen Nelson, Finlay and Jones, City Manager, Assistant City Manager, City Attorney and Acting City Secretary. 1. The special meeting was called to consider an ordinance amending Ordinance Number 68-33, pro.hibiting parking along certain portions of Bell Avenue and Blount Street. Motion was made by Jones, seconded by Finlay, that the ordinance be adopted. On roll call vote, Nelson voted "aye", Finlay, "aye", Loveless, "aye", Jones, "aye", and Martin, "aye". Motion carried unanimously. Meeting adjourned at 1:20 p.m. ~ n , /..,,x / City Secretary MUNICIPAL BUILDING November 13, 1968 Regular meeting of the City Council, City of Denton, Texas, Wednesday, November 13, 1968, at 7 p.m. in the Council Chambers of the Municipal Building. Present: Mayor Martin, Mayor Pro-tern Loveless, Councilmen Nelson, Loveless, and Jones, City Manager, Assistant City Manager, City Attorney, and City Secretary. 1. Motion was made by Jones, seconded by Finlay, that the minutes of the regular meeting of October 22, 1968, and the special meeting of November 4, 1968, be approved. Motion carried. 2. Visitors: a. Sam Moore, president of the Jaycees in Denton, requested one room in the old Municipal Building for directors meetings twice monthly. Motion was made by Nelson, seconded by Jones, that the request be referred to the City Manager for study and recommendation. Motion carried. ~'_~ b. Ed Blackwell, Denton Junior Chamber of Commerce, 'LD accepted a proclamation from Mayor Martin proclaiming Community Develop- ment Month. c. David Boles, attorney, appeared in behalf of Harold E. Harman requesting permission to tie onto city sewer lines outside city limits. Motion was made by Nelson, seconded by Finlay, to grant the request with the requirement that the city be furnished a twenty foot sewer line easement that would be accepted by the City Attorney. Motion carried. d. Bob Nichols of Freese, Nichols and Endress presented an architect's drawing of the proposed sewer plant expansion for the city and an extension of a water main along McKinney Street east from Loop 288 to the Sewage Disposal Plant site. Motion was made by Loveless, seconded by Jones, that the plans be accepted as recommended by the Public Utilities Board and the City Manager. Motion carried. 3. Bids: a. No. 68-3285: Speed-a-lyzer. Motion was made by Jones, seconded by Finlay, that the bid be awarded to George F. Cake Company at a bid of $1,000, as recommended by the City Manager. Motion carried. b. No. 68-42-9: One-half ton pickup. Motion was made by Finlay, seconded by Loveless, that the bid be awarded to Bill Utter Ford st a low bid of $1,583.42, with trade, as recommended by the City Manager. Motion carried. c. No. 68-43-10: Crawler-type Ripper Loader. Motion was made by Loveless, seconded by Finlay, that the bid be awarded to Shaw Equipment Company at a bid of $31,163, with trade. Motion carried. d. No. 68-44-10: Garbage Truck Bodies. Motion was made by Iones, seconded by Finlay, that the bid be awarded to Davis Truck and Equipment Company, Inc. at a bid of $16,110, with trade, as recommended by the City Manager. Motion carried. e. No. 68-45-10: Garbage Truck Chassis. Motion was made by Jones, seconded by Finlay, to award the bid to Bill Utter Ford, the low bidder meeting specifications, at a bid of $29,568.60, without trade, as recommended by the City Manager. Motion carried. MUNICIPAL BUILDING November 13, 1968 f. No. 68--46-11: Sequoia Park Paving Improvements. Motion was made by Nelson, seconded by Finlay, that the bid be awarded to Public Construction Company at a low bid of $8,574 and to authorize the Mayor to sign a contract in behalf of the City. Motion carried. 4. Petitions: a. Motion was made by Jones, seconded by Nelson, that the petition of I-toyt Wilson for zoning reclassification of the remaining part of the R. A. Kerkseick Subdivision located along South Ruddell Street, south of Hickory Street, and including City Lots 1-14, Block 274-E, City Lots t-14, Block 274-F, and City Lot 53, Block 274, from "R" Single Family Dwelling to "A-2" Multi-family Dwelling District, be referred to the Planning and Zoning Commission for its recommendation. Motion carried. 5. Motion was made by Jones, seconded by Loveless, that the Tax Adjustment Report (Personal Auto: $238.51; Personal Business: $254.85; and Real Estate: $36.45) and the Supplemental Tax Roll for the month of October, 1968, be approved as submitted by Tax Assessor- Collector Hugh Mixon. Motion carried. 6. The Mayor brought up the matter of a resolution to the State Legislature for an enabling act to call an election for a hospital district for the County of Denton. Motion was made by Loveless, seconded by Jones, that the matter be delayed until the next regular meeting. Motion carried. 7. The Mayor read a letter from the City Employees thanking the Council for the 1968 budgeted pay raise. Meeting adjourned at 8:05 p.m. ' ;/ C~ Secretary MUNI OIPAL BUILDING November 26, 1968 Regular meeting of the City Council, City of Denton, Texas, Tuesday, November 26, 1968, at 7 p.m. in the Council Chambers, Municipal Building. Present: Mayor Martin, Mayor pro tern Loveless, Councilmen Nelson, Finlay, and Jones, City Manager, Assistant City Manager, City Attorney, and Acting City Secretary. !. Motion was made by Jones, seconded by Loveless, to approve the minutes of the regular meeting of November 13, 1968. Motion carried. 2. Bids: a. No. 68-3252: Air Packs. Motion was made by Jones, seconded by Loveless, to award the bid to W. H. Lumpkin at a lowbid of $1,738. Motion carried. b. No. 68-3255: Fire Hose. Motion was made by Jones, seconded by Loveless, to award the bid to Fire Apparatus and Equipment at a low bid of $1,140. Motion carried. MUNICIPAL BUILDING November 26, 1968 c. No. 68-3309: 3-wheel vehicles for Police Department. Motion was made by Jones, seconded by Finlay, to award the bid to Fork Lift Sales as recommended by the City Manager and Purchasing Agent. Motion carried. d. No. 68-3310: Cars and trucks for motor pool. Motion was made by Jones, seconded by Finlay, to award Items 1 through $ to the low bidder, Chester Morris, in the amount of $20,369.18. Motion carried. Motion was made by Loveless, seconded by Jones, to award Item 6 to Banner Chevrolet at a low bid of $3,296.34; Item 7 to Bill Utter Ford at a low bid of $1,770 less trade-in; Item 8 to Banner Chevrolet in the amount of $1,924.45 less trade-in; and, Item 9 to Banner at a low bid of $1,746.87. Motion carried. e. No. 68-3342: 2-way radios. Motion was made by Jones, seconded by Finlay, to award the bid to General Electric at a low bid of $3,521.50. Motion carried. f. No. 68-3314: Paving construction in Hickory Creek Park. Motion was made by Loveless, seconded by Finlay, to award the bid to Claude Smith at a bid of $3,828 as recommended by the City Manager. Motion carried. 3. Visitors: a. The Mayor read a letter from Mrs. C. A. Tripp concerning the discontinuance of adding sodium fluoride to Denton's municipal water supply. b. Warren Casey, speaking for Boy Scout Troop 77, requested the use of a room in the old City Hall for a troop meeting place. The Mayor asked that the City Manager take this request under consideration along with previous requests for use of the old City Hall, and as soon as possible give his recommen~ dations to the Council. c. Royce Whitten, attorney representing V. R. Clearman, requested a study committee from the Council to consider reimbursement of certain develop- ment expenses in the Taylor Park Subdivision. The Mayor agreed to appoint a committee and meet with Mr. Whitten at an early date. d. Charles Thompson, Chairman of the Charter Revision Committee, inquired into any action to be taken by the City Council in regards to the changes in the City Charter recommended by the Committee. The Mayor advised Mr. Thompson that the matter was under consideration for action in the very near future. 4. Motion was made by Jones, seconded by Finlay, that a Quit Claim Deed to B. F. Daniel be approved. Motion carried. 5. Resolutions: a. R E S O L U T I O N AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 26TH DAY OF NOVEMBER, A. D. 1968. WHEREAS, there came on for consideration the report of the Hospital District Study Committee, composed of I. A. Bailey, a member of the Flow Memorial Hospital Board of Managers, Loran Tisdell, a member of the Denton County Commissioners' Court, and L. A. Nelson, a member of the City Council of the City of Denton, heretofore appointed to make a study of the financial structure and the future financial needs of Flow Hospital; and an examination of the contents of the Hospital District Study Committee Report reveals a unanimous recommen- dation that: 16'2 MUNICIPAL BUILDING November 26, 1968 A. Enabling legislation be prepared and introduced for passage and adoption by the 61st Regular Session of the Texas Legislature which would authorize the creation of a Denton County Hospital District as is provided by Article 9, Section 9 of the Constitution of Texas; and B. Subsequent to the passage of and the effective date of such legislative authorization, that a county- wide election be duly called in which the qualified property taxpaying voters may vote on a proposal to create a Denton County Hospital District and the authorization to levy taxes annually for the support of the; said hospital. AND, WHEREAS, the Commissioners' Court of Denton County, after having fully considered and duly studied the report of the; Hospital District Study Committee, and the financial problems that Flow Memorial Hospital has experienced during the past few years, accepted and approved the recommendations of the said Study Committee which recommendations are essential and necessary to the said hospital and that the said hospital is now too large to be successfully operated as a City-County Hospital. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: That the said City Council accept, approve and adopt the recommendations contained in the report of the Hospital District Study Committee as above stated, and that the City of Denton assist in every way possible to gain the enabling legislation recommended by the said Study Committee. PASSED AND APPROVED this 26th day of November, A. D. 1968. Zeke Martin, Mayor ATTEST: Brooks Holt, City Secretary Jack Q. Barton, City Attorney Motion was made by Jones, seconded byFinlay, to adopt the resolution. On roll call vote, Finlay voted "aye", Loveless, "aye", Jones, "aye", and Martin, "aye". Motion carried. MUNICIPAL BUILDING November 26, 1968 b. R E S O L U T I O N BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, that: Zeke Martin, Mayor of the City of Denton, Texas, is hereby authorized and directed to execute and sign the attached and incorporated PIPE LINE MCENSE from The Texas and Pacific Railway Company, dated November 19, 1968, and being for the purpose of installing under certain premises of the said Railway Company a water pipe line, as described in said license, and under the terms and conditons thereof. BE IT FURTHER RESOLVED, that: the sum of Fifty Dollars ($50.00) is hereby authorized to be disbursed to the said Railway Company, or to its order, for payment of preparation fee for said PIPE LINE LICENSE, as required therein. PASSED AND APPROVED this 26th day of November, A. D. 1968. Zeke Martin, Mayor ATTEST: Brooks Holt, City Secretary APPROVED AS TO LEGAL FORM: Jack Q. Barton, City Attorney Motion was made by Jones, seconded by Finlay, to adopt the resolution. On roll call vote, Finlay voted "aye", Loveless, "aye", Jones, "aye", and Martin, "aye". Motion carried. 6. Motion was made by Jones, seconded by Finlay, to approve the current statement of Norsworthy-Mercer, Inc. in the amount of $732.70 for advertising services. Motion carried. 7. Motion was made by Loveless, seconded by Finlay, to declare December 24, Christmas Eve Day, an official City holiday. Motion carried. 8. Motion was made by Loveless, seconded by Jones, to approve a blasting permit for Steed Construction Company. Motion carried. 9. Motion was made by Loveless, seconded by Jones, that W. D. Buttrill be appointed to the Board of Adjustment, filling the vacancy left by Dr. Mary Evelyn Huey, and that Bill Utter be appointed Board of Adjustment Chairman. Motion carried. 164 MUNICIPAL BUILDING November 26, 1968 10. Councilman Iones inquired as to the status of the park in Southridge, and was informed by the City Attorney that the dedication of this property had been signed by Southridge, Inc. with certain exceptions 11. Motion was made by Loveless, seconded by Iones, that/all city motor equipment have the name of the city plainly visible and bearing the number assigned to it, and that Mr. White submit to the Council at the next meeting, if possible, proposed regulations concerning the use of such equipment, including the employees who are authorized by him to take the equipment home with them at night. Motion carried. Meeting adjourned at 8:20 p.m. l~ayo r ,'/0 ,/ 'I' /' City Secretary MUNICIPAL BUILDING December 10, 1965 Regular meeting of the City Council, City of Denton, Texas, Tuesday,_ December 10, 1968, at 7:00 p.m. in the Council Chambers, Municipal Building. Present: Mayor Martin, Mayor Pro-Tem Loveless, Councilmen Jones, Nelson, Finlay, City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Jones, seconded by Loveless, to approve the minutes of the regular meeting of November 26, 1968. Motion carried. 2. Bids: a. No. 68-3387: Tires. Motion was made by. Jones, seconded by Loveless that the bid be awarded to Uniroyal at a low bid of ~8,297.13. Motion carried. b. No. 68-3388: Road Materials. Motion was made by Jones, seconded by Loveless that the bids be awarded as follows: Items la, 2a and 3a to Southern Asphalt; Items lb, 2b and 3b to Wright Asphalt Production Company; Items ~, 5, 6, 7, 11, 12, and 15 to Gifford-Hill and Company, Inc.; Items 8, 9, 10, and 1~ to White's Mines; Item 13 to Public Construction Company; and Item 16 to Claude Smith. Motion carried. c. No. 68-3~56: Carroll Street Houses. Motion was made by Jones, seconded by F~nlay that the bids be awarded as follows: 1020 Carroll Street to W. E. Lamm with a bid of $1,000; Carroll Street to John Myers with a bid of ~1,162.50; ~17 Panhandle to Wayne and Mary McGar with a bid of $500; 1008 Carroll Street to G. Emery Taylor with a bid of $1,551; ~1~ Parkway to J. F. Peterson with a bid of $5,585.95; 1018 Carroll Street to Jack O. Kiser with a bid[ of $26.50; ~12 Westway to W. E. Lamm with a bid of ~850; 900 Carroll Street to Elton Calmes with a bid of ~2,001.55; ~20 Pearl to Jack O. Kiser with a bid of $26.50; lOOg Carroll Street to James Ray Pennington with a bid of MUNICIPAL BUILDING (Continued) December 10, 1968 ~l,gS1; 812 Carroll Street to John Myers with a bid of ~862.50; and 1016 Carroll Street to W. E. Lamm with a bid of $800. Motion carried. 3. Visitors: a. Mr. and Mrs. Troy Walker of East McKinney Street, Denton, spoke relative to City taxes and health conditions in their area. No action was taken. b. Mrs. Bill Cheek, representing Newton Rayzor PTA, presented the following traffic needs around the school: 1. That the traffic turn right on University Drive from Malone at the same time the traffic on University Drive is turning left on Malone Street. 2. Place a signal or sign on University Drive, both east and west of the Malone Street light to warn motorists of the school crossing. 3. Make a closer check of speeders on Malone Street near the school. Councilman Finlay suggested that the school Board be contacted relative to providing additional off-street student loading and unloading areas. Motion was made by Loveless, seconded by Finlay that the Manager make a study of Mrs. Cheek's requests and submit his recommendations to the Council at the next meeting. Motion carried. Petitions: a. Public hearing was held on the petition of Hoyt Wilson requesting that the zoning classification of the remaining part of the R. A. Kerkseick Subdivision located along South Ruddell Street, including City Lots 1-14, Block 27~/E, City Lots 1-14, Block 27~/F, and City Lot 53, Block 27~ be changed from "R" Single Family Dwelling Districts to "A-2" Multi-family Dwelling District. After hearing proponents and opponents who reside in the immediate vicinity, motion was made by Nelson, seconded by Loveless to table the matter until the next Council meeting. Motion carried. b. Motion was made by Jones, seconded by Nelson that the petition of Mrs. Mildred Casey, et al, requesting that the zoning classification of City Lots 2~-26, Block ~13 be changed from the "R" Residential classification to the "A-2" or "MF-i" Multi- family Dwelling District, be referred to the Planning and Zoning Commission for its recommendation. Motion carried. c. Motion was made by Jones, seconded by Nelson that the petition of Joe Skiles, et al, requesting that the zoning classi- fication of City Lots 1-8, Block 39~ be changed from the "R" Residential classification to the "LR" Local Retail or "GR" General Retail classification, be referred to the Planning and Zoning Commission for its recommendation. Motion carried. 5. Ordinances: a. The Council discussed the proposed new zoning ordinance and zoning map. Earl Coleman, local attorney, objected to the proposed change of the classification of three pieces of property. Motion was made by Jones, seconded by Loveless that action on the zoning ordinance and map be tabled until the second Tuesday in January, 1969. Motion carried. 6. Resolutions: RESOLUTION BE IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: On behalf of the people of the City of Denton, Texas, 166 MUNICIPAL BUILDING (Continued) December 10, 1968 the Mayor and City Council of said City hereby publicly express their sincere appreciation of Dr. Mary Evelyn Huey for her valuable public service as Chairman of the Board of Adjustment of the City of Denton, Texas, from her appointment in May of 1962, through continuous reappointments until her resignation effective November 26, 1968. The City Council and Mayor wish to express their gratitude for the tireless and outstanding manner in which she has performed these, and many other, public services, and extend their best wishes for her continued success as a community and academic leader, although regretting that such a valuable citizen has retired from this important Board. On behalf of the people she has served so well, the City Council and Mayor direct and order that a copy of this Resolution be forwarded to her, the said Dr. Mary Evelyn Huey. PASSED AND APPROVED this 10th day of December, A. D., 1968. Zeke Martin, Mayor City of Denton, Texas ATTEST: Brooks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: - Jack Q. Barton~ City Attorney City of Denton, Texas Motion was made by Loveless, seconded by Jones that the Resolution be adopted. On roll call vote, Martin voted "aye," Jones voted "aye," Loveless voted "aye," Nelson voted "aye," and Finlay voted "aye." Motion carried. 7. The Council considered a proposal to donate an emergency generator to Flow Memorial Hospital. Motion was made by Loveless, seconded by Finlay that the proposal be approved and that the City Attorney be instructed to prepareaTransfer of Title. Motion carried. The matter of regulations for City motor equipment was presented. The City Manager stated that additional time was needed to prepare this report. Motion was made by Jones, seconded by Loveless that the time be extended for the report's preparation and submission. Motion carried. 9. Motion was made by Jones, seconded by Finlay that the tax adjustment for the month of November, 1965, as submitted by Tax Assessor-Collector, Hugh Mixon, be approved as follows: Personal Auto--~l,OSg. 67; Personal Business--~560.70; Real Estate--S117.60. Motion carried. 10. The Council considered the proposed adenda to Hundley Marina-Hickory Creek Park Contract, granting additional land as recommended by the Parks and Recreation Board. Motion was made by Jones, seconded by Fintay that the matter be tabled until the first meeting in January, 1969. Motion carried. MUNICIPAL BUILDING (Continued) December 10, 1965 11. Motion was made by Jones, seconded by Loveless to instruct the City Attorney to draw an ordinance calling an election relative to the recommendations of the Charter Revision Committee for Charter changes, the election to be held the eariiest possible date on a Saturday in January~ 1969. During the discussion of the motion, a motion was made by Finlay, seconded by Nelson that the above-mentioned motion be tabled. The motion failed. A vote was then taken on the original motion. The motion carried. 12. Motion made by Jones, seconded by Nelson to approve the Norsworthy-Mercer, Inc. statement for advertising services in the amount of $721.05. Motion carried. Meeting adjourned'at 9:30 p.m. MUNICIPAL BUILDING December 17, 1968 Special meeting of the City Council, City of Denton, Texas, Tuesday, December 17, 1968, at 7:30 a. m. in the Council Chambers, Municipal Building. Present: Mayor Martin, Mayor Pro Tem Loveless, Councilmen Jones, Nelson, Finlay, City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Ordinances: a. The following Ordinance was presented: ORDINANCE NO. 68-36 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON TH~ QUESTION OF AMENDING THE CHARTER OF THE CITY OF DENTON; DESIGNATING TH~ DAY OF THE ELECTION AND TH~ POLLING PLACE; APPOINTING ELECTION OFFICIALS THEREFOR; PROVIDING THAT ALL DULY, QUALIFIED RESIDENT ELECTORS SHALL BE QUALIFIED TO VOTE; PRESCRIBING FORM OF BALLOT; PROVIDING FOR NOTICE OF ELECTION; CONTAINING OTHW. R PROVISIONS RELATING TO SAID ELECTION; PROVIDING FOR SEVHRABILITY; AND DECLARING AN EMERGENCY. Motion was made by Loveless, seconded by Jones that the Ordinance be adopted. On roll call vote, Nelson voted "no," Finlay voted "no/' Loveless voted "aye," Jones voted "aye," and Martin voted "aye." Motion carried. b. The following Ordinance was presented: ORDINANCE NO. 68-35 AN ORDINANCE AMENDING TH~ ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19, AND AS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWN A~ CITY LOTS 1014, OF CITY BLOCK 274 E, AND CITY LOTS~I-14 OF CITY BLOCK 274 F, CITY LOT 53 OF CITY BLOCK 274, AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED H~REIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Nelson, seconded by Loveless that the zoning petition of Hoyt Wilson be approved from R to A-2 and the above ordinance be adopted. On a roll call vote, Martin voted "aye," Jones voted "no," Loveless voted "aye," Nelson voted "aye,]' and Fi~lay~l~oted "aye~ Motion carried. Meeting adjourned at 8:10 a.m. /',,~ , ,: . ,'" ~/~,,~.a M~yor Cmt~~ Secretary MUNICIPAL BUILDING January 6, 1969 Special joint meeting of the City Council and Planning and Zoning Commission, City of Denton, Texas, Monday, January 6, 1969, at 7:00 p. m. in the Council Chambers, Municipal Building. Present: Mayor Martin; Mayor Pro Tern Loveless; Councilmen Nelson, and Finlay; Jack Browder, Chairman of the Planning and Zoning Commission; Thompson; Roberts; Freeman; Speake; City Manager; City Attorney; Director of Community Development; City Planner and City Secretary. Absent: Councilman Jones. The purpose of this meeting' was to direct the City Planner to alter the proposed zoning map which was presented to Denton citizens on August 22, 1968, These alterations refer to zoning classifications shown on the map. Mayor Martin opened the public hearing and introduced Jack Browder, Chairman of the Planning and Zoning Commission, who took the chair. The following cases were considered: 1. City Lots i through 8, Block 261 and City Lots I through 4, Block 257 and City Lots i and 2, Block 258; this is Trinity Steel property. P & Z--Motion was made by Thompson, seconded by Roberts that the zoning be continued as "HI." Motion carried and was recommended to the Council. Council--Motion was made by Mayor Pro Tern Loveless, seconded by Finlay to accept the recommendation made by the Planning and Zoning Commission. Motion carried. 2. City Lots 1, 6, and[ 7, Block 233/C; this is adjacent to Acme Brick plant. P & Z--Motion was made by Thompson, seconded by Roberts that this request for Specific Use Permit for clay mining only and recognizing Ordinance No. 66-44, be approved. Motion carried. Council--Motion was made by Nelson, seconded by Finlay that the recommendation of the Planning and Zoning Commission be accepted. Motion carried. 3. City Lots 9 through 25, Block 261 and City Lots i through 4, Block 263, located on both sides of East Prairie from the railroad tracks east to Lakey Street. P & Z--Motion was made by Speake, seconded by Roberts that the City Lots i through 4, Block 363 and City Lots 15 through 19, Block 261 and City Lots land2, Block245; City Lots 1, 2, 2.1, 27, 28, 28.1, Block246; City Lots 2 and 3, Block 247; and City Lots 9 through 14 and 20 through 25, Block 261, be shown as "MF-i." Motion carried. Council--Motion was made by Nelson, seconded by Loveless to accept the recommendation~ of the Planning and Zoning Commission. Motion carried. 4. City Lots 7 through 10, Block 485, located at the corner of Anderson and Mounts Streets. P & Z--Motion was made by Thompson, seconded by Roberts that this area be shown as "Neighborhood Service." Motion carried. Council--Motion was made by Finlay, seconded by Ne]son to accept the recommendation of the Planning and Zoning Commission. Motion carried. MUNICIPAL BUILDING (Continued) January 6, 1969 5. City Lots 17 through 19, Block 386, located on the north side of West Hickory, between Avenue B and Avenue C. P & Z--Motion was made by Speake, seconded by Thompson that the property be shown as "GR." Motion carried. Council--Motion was made by Finlay, seconded by Nelmn to accept the recommendation of the Planning and Zoning Commission. Motion carried. 6. City Lot 1, Block 312/A, located on the south side of Lindsey Street, east of t]ernard Street. P & Z--Motion was made by Speake, seconded by Thompson that the property be shown as "MF-I." Motion carried. Council--Motion was made by Loveless, seconded by Fialay to accept the recommendation of the Planning and Zoning Commission. Motion carried. 7. City Lots 8, 9 and 10, Block 445, located at the northeast corner of Beaumont and Fain Streets. P & Z--Motion was made by Freeman, seconded by Roberts that the property be shown as "MF-1. '~ Motion carried. Council--Motion was made by Nelson, seconded by Finlay to Accept the recommendation of the Planning and Zoning Commission. Motion carried. 8. City Blocks 250, 222, 203, 304 and Lots 8 through 10, Block 324, located between Sycamore and Mulberry, extending west from Blount Street. P & Z--Motion was made by Thompson, seconded by Speake that the area between Mulberry and Sycamore Streets, beginning at Austin extending to the Creek, being Block 222; 203; Lots I through 15, Block 304 and Lots 8 through 10, Block 324, be shown as "Central Business District"; and the remainder be shown as "Commercial." Motion carried. Council--Motion was made by Nelson, seconded by Finlay that the recommendation ~ the Planning and Zoning Commission be accepted. Motion carried. 9a. City ';~ock 311/C; Lots 1 through 17, 37, and 38 through 44, Block 350/E, located between the railroad tracks at Acme Street and the west side of Highway 377. P & Z--Motion was made by Speake, seconded by Thompson that the entire area be shown as "LI." Motion carried. Council--Motion was made by Finlay, seconded by Nelson to accept the recommendation of the Planning and Zoning Commission. Motion carried. 9b. City Blocks 208, 209, 210, 311 and 311/B, in an area between Highway 377, east to the railroad tracks, extending north from Acme Street to Eagle Drive. P & Z--Motion was made by Thompson, seconded by Freeman that the property be shown as "C-Commercial.,, Motion carried. Council--Motion was made by Nelson, seconded by Finlay to accept the recommendation of the Planning and Zoning Commission. Motion carried. 10. City Lots 19 through 32, Block 412 and Lots 3 through 16, Block 419, located on both sides of North Elm, extending north from College Street to MUNICIPAL BUILDING tContinued) January 6, 1969 University Drive. p & Z--Motion was made by Roberts, seconded by Freeman that the property be shown as "GR." Mot[on carried. Council--Motion was made by Nelson, seconded by Finlay to accept the recommendation of the Planning and Zoning Commission. Motion carried. 11. City Block 248; City Lot 1, Block 247 and City Lots 6 through 15, Block 249, which is the Morrisbn Milling Company property. P & Z--Motion was made by Roberts; seconded by Speake that the property be shown as "HI." Motion carried. Council--Motion was made by Nelson, seconded by Loveless to accept the recommendation of the Planning and Zoning Commission. Motion carried. 12. City Lots 10, and 10E, Block 316, located at the northeast corner of Collins and Bernard Streets. P & Z--Motion was trade by Thompson, seconded by Speake that the property be shown as "MF-i." Motion carried. Council--Motk~n was made by Nelson, seconded by Loveless that the recommendation of the Planning and Zoning Commission be approved and that the City Engineer be.'requested to assure that the building code is rigidly adhered to in this case. Motion carried. t3. City Lots 37 through 42, Block 3017; and Lots 11 through 17, Block 3018, located on both sides of West Prairie, west of Avenue E. P & Z--Motion was made by Speake, seconded by Roberts that the property be shown as "GR." Motion carried. Council--Motion was made by Nelson, seconded by Finlay that the recommendation of the Planning and Zoning Commission be accepted. Motion carried. 14. City Lot 10, Block 4011, located on the north side of Scripture, between Lovell and Bryan Streets. P & Z--Motion was made bY Roberts, seconded by Speake that the property be shown as "GR," with Thompson abstaining. Mot[on carried. Council--Motion was made by Loveless, seconded by Nelson that the entire area bounded by Scripture on the south, Congress on the north, Lovell on the west and Bryan on the east, being all of Block 4010 and Block 4011, be shown as "GR." Motion passed with Finlay abstaining. 15. City Lots 10 thro'ugh 13.1, Block 446, located on the east side of Beaumont Street between Ross and the proposed Henry Street. p & Z--~Iotion was made by Speake, seconded by Thompson that the property be shown as "GR." Motion carried. Council--Mot[on was made by Loveless, seconded by Finlay that the recommendation of the Planning and Zoning Commission be accepted. Motion carried. MUNICIPAL BUILDING (Continued) January 6, 1969 16. City Lots 1 through 3 and 3.1, Block 377/B, located at the northwest corner of Michael and McCormick Streets. P & Z--Motion was made by Thompson, seconded by Roberts that the property be shown as "MF-1." Motion carried. ~-- Council--Mayor Martin relinquished the chair to Mayor Pro Tern Loveless. Motion was made by Nelson, seconded by Finlay to accept the recommendation of the Planning and Zoning Commission. Motion carried. Mayor Martin returned to the chair. 17. City Lots 3 and 24, Block 4012, which extend from Normal .~venue to Bryan, approximately 165 feet south of Scripture. P & Z--Motion was made by Speake, seconded by Freeman that the property be shown as "O-Of rice," including Lot 2, just north of the property in question. Motion carried. Cm, ncil--Motion was made by Nelson, seconded by Finlay that the recommendation of the Planning and Zoning Commission be accepted. Motion carried. 18. All of Block 139, which is bounded by Cherrywood, Greenwood, Roberts and Sauls Streets. P & Z--Motion was made by Speake that the property be shown as "MF-2." This motion died for lack of a second. Motion was then made bY Freeman, seconded by Thompson that the request be denied. Motion carried. Council--Motion was made by Nelson, seconded by Finlay to accept the recommendation of the Planning and Zoning Commission. Motion. carried.. 19. City Lots 1 through 3.1, Block 386; City Lots 1 through 6, Block 3010 and City Lots 1 through 6, Block 3011, located along the south side of West Oak Street, between Avenue C and Avenue G. P & Z--Motion was made by Speake, seconded by Thompson that the property be shown as "SF-7." Motion carried. Council--Motion was made by Loveless, seconded by Finlay to accept the recommendation made by the Planning and Zoning Commission. Motion carried. 20. City Lots2 through 12', Block 4027, located on the west side of Bonnie Brae between West Oak and Scripture Streets. P & Z--Motion was made by Speake, seconded by Thompson that City Lots 2 through 13, Block 4027 be shown as "MFs1." Motion carried. -- Council--Motion was made by Nelson, seconded by Finlay to accept the recommendation of the Planning and Zoning Uommission. Motion carried. 21. City Lois 1 through 3, Block 4056, located between Emory, Bonnie Brae and Highway 24, with the west side of the property fronting on Ector. P & Z,- Motion was made by Thompson, seconded by Speake that the property be shown as "C-Commercial" with the stipulation that there be no exits or entries to and from Emory Street, and that a six-foot masonry wall or evergreen fence be placed between the property and Emory. Motion carried. Cca, ncil --Motion was made by Loveless, seconded by Nelson that the recommendation of the planning and Zoning Commission be accepted as specific use permit for commercial uses. Motion carried. i 72 MUI~CIPAL BUILDING (Continued) January 6, 1969 22. City Lots lA and 1 through 4, Block 4049/B;.and Lots 1 and 18~ Block 4049/A; Lots 2 through 5, Block 4049/A, located between the First Baptist Church property and Newton-Rayzor School, extending east from Malone 750 feet. P & Z--Motion was made by Thompson, seconded by Freeman that lots lA _ and i through 4, Block 4049/B and Lots i and 18, Block 4049/A, for "O"; and City Lots 2 through 5, Block 4049/A for "MF-I." Mot'.'on carried. Council--Motion was made by Loveless, seconded by Nelson to accept the recommendation of the Planning and Zoning Commission. Motion carried. 23. City Block 453/B, located on the west side of Fulton between Emory and Westway Streets. P & Z--Motion was made by Speake, seconded by Freeman that the property be shown as "O-Office." Motion carried. Council--Motion was made by Nelson, seconded by Loveless to accept the recommendation of the Planning and Zoning Commission. Motion carried. 24. City Lots 6 and 6.1 ',through 6.7, Block 234, located on the south side of Smith Street, west of Dunca'a. P & Z--Motion was made by Speake, seconded by Thompson, that the property be shown as "SF-5." Motion carried. Council--Motion was made by Nelson, seconded by Finlay to accept the recommendation of the Planning and Zoning Commission. Motinn carried. 25. City Lots 5 and 6, 8 and 11, Block 285; Lots 6 and 7, Block 2011; Lots 2, 2.1, 2.2, 3 and 4, Block 285, located between Southridge and Teasley Lane, extending south from Interstate Highway 35E approximately 1,400 feet. P & Z--Motion wa.,~ made by Freeman, seconded by Speake that City Lots 5 and 6, 8 and 11, Block 285; and Lots 6 and 7, Block 20VI be shown as "O-Office"; and Lots 2, 2.1, 2.2, 3, and 4, Block 285, be shown as ?GR," and that the residents of Southridge be notified when the plat for this area is considered by the Planning and Zoning Commission. Motion carried. Council--Motion was made by Loveless, seconded by Finlay to accept the recommendation of the Planning and Zoning Commission. Motion carried. Meeting adjourned at 12:55 p. m. City Seeretary MUNICIPAL BUILDING January 8, 1969 Special joint meeting of the Ci ty:Council and Planning and Zoning Commission, City o£ Denton, Texas, Wednesday, January 8, 1969, at 7:00 p.m. in the Council Chambers, Municipal Building, a continuation of the meeting of January 6, 1969. Present: Mayor Martin; Mayor Pro Tern Loveless; Councilmen Finlay and Nelson; Jack Browder, Chairman of the Planning and Zoning Commission; Thompson; Freeman; Speake; City Manager; City Attorney; Director of Community Developm ~nt; City Planner, and City Secretary. Absent: Councilman Jones and Roberts of the Planning and Zoning Commission. The purpose of this meeting was to direct the City Planner to alter the proposed zoning map which was presented to Denton citizens on August 22, 1968. These alterations refer to zoning classifications shown on the map. Mayor Martin opened the public hearing and introduced Jack Browder, Chairman of the Planning and Zoning Commission, who took the chair. The following cases were considered: 28. City Service Center area, located North of Paisley and the railroad tracks. P & Z--Motion was made by Speake, seconded by Freeman that the property be approved for a Specific Use Permit and shown as "SF-7." Motion carried. - Council--Motion was made by Nelson, seconded by Finlay to accept the recommendation of the Planning and Zoning Commission. Motion carried. 30. City Lots i through 3, Block 305, located on the' s~uth side of Sycamore between the creek and South Elm. P & Z--Motion was made by Speake, seconded by Thompson that the property be shown as "Commercial." Motion carried. Council--Motion was made by Nelson, seconded by Finlay to accept the recommendation of the Planning and Zoning Commission. Motion carried. 31. City Lots lB through 1E, Block 187-1; City Lots lA, 1C, 4 through 10, 1D, 1E, 11, 1J, 1K, andlL, Block187-3 ; Lots 1through3, 3A, 8and 9, 2A through 2C, Block 187-4, located on both sides of Highway 24, beginning 1000 feet east of Loop 288 and extending to the east to the City Limit line. P & Z--Motion was -sade by Thompson, seconded by Speake that City Lots 2A through 2C, Block 187-4; the southern 1/3 of lB, Block 187-1; lA, the sorthern 1/2 of lC, the western 1/4 of 11, 1D, 1E, 1J, the northern 400 feet of 1K, and 1L, Block 187-3; be shown as "Commercial"; and City Lots 1E, Block 187-1; Lots i through 3, 3A, 8, and 9, Block 187-4, be shown as "Agriculture." Motion carried. Council--Motion was made by Nelson, seconded by Finlay to accept the recommendation of the Planning and Zoning Commission. Motion carried. 32. City Lot 1, Block 4013, located on the southeast corner of Jagoe and Scripture. P & Z--Motion was made by Speake, seconded by Freeman tl~t the property be shown as "GR" along with the Lot to the east, Lot 2, Block 4013. Motion carried. Council--Motion was made by Nelson, seconded by Loveless to accept the recommendation of the Planning and Zoning Commission, with Finlay abstaining. Motion carried. .74 MUNICIPAL BUILDING (Continued) January 8, 1969 33. City Lots 28 through 30, Block 127, located on the north side of Highway 24 between Pig§ly Wiggly and the TWU Barn. P & Z--Motion was made by Thompson, seconded by Freeman to show the property as "MF-i," with Speake abstaining. Motion carried. Council--Motion was made by Finlay, seconded by Nelson to accept the recommendation of the Planning and Zoning Commission. Motion carried with Loveless abstaining. 34. City Lots 2 through 4, Block 376, located between McCormick and Avenue A, north of Greenlee Street. P & Z--Motion was made by Thompson, seconded by Speake that the property be shown as "MF-i." Motion carried. Council--Motion was made by Nelson, seconded by Finlay to accept the recommendation of the Planning and Zoning Commission. Motion carried. 35. City Lots 2 and 6, Block 4015, located between Malone and Gober Streets. P & Z--Motion wats made by Thompson, seconded by Speake that the property be shown as "O." Motion carried. Council--Motion was made by Nelson that the request be denied, but the map show that all of Block 4015 be shown as "O-Office." The motion - died for lack of a second. Motion was made by Nelson, seconded by Martin that the property be shown as "O" as recommended by the Planning and Zoning Commis.sion. Motion carried with Finlay abstaining. 36. City Lots 3 through 8, Block 133, located on the west side of Bell Avenue and Peach Street. P & Z--Motion was made by Speake, seconded by Thompson that the property be shown as "D." Motion carried. Ccuncil--Motion was made by Nelson, seconded by Finlay to accept the recommendation of the Planning and Zoning Commission. Motion carried. 37. City Lots 10, 10.1, 10.2, and 11.1, Block 377/B, located between McCormick and Knight Streets, south of Greenlee. P & Z--Motion was made by Speake, seconded by Thompson that the property be shown as "MF-1." Motion carried. Council--Motion was made by Finlay, seconded by Nelson to accept the recommendation of the PIanning and Zoning Commission. Motion carried with Martin abstaining. 38. City Blocks 137/A, 137/B, 137/C, 137/D, 137/E, 137/F, and Block 135, located between Stuart Road and Locust, south of the Strickland Junior High School. P & Z--Motion was made by Thompson, seconded by Speake that the property east of Bell Avenue be shown as "SF-7" in a planned development. Motion carried. Council-- Motion was made by Finlay, seconded by Nelson to accept the recommendation of the Planning and Zoning Commission with the stipulation that the Planning and Zoning Commission approve the site plan as it develops for the "SF-7" property east of Bell. Motion carried. 7'5 MUNICIPAL BUILDING (Continued) January 8, 1969 40. City Lots 6 and 7, Block 441, located on the west side of Bolivar between the existing Henry Street and the proposed Henry Street. P 8, Z--Motion was made by Freeman, seconded by Thompson that the property be shown as "MF-1." Motion carried. Council--Motion was made by Nelson, seconded by Finlay that the City Lots 6 and 7, Block 441 be shown as "MF-1," and that City Lots 8, and 8.1, Block 441 and City Lots 6, 6.1, 6.2, Block 446, also be shown as "MF-I." Motion carried. 42. City Lots 1 and part of lA, Block 267/E, located on both sideSof Loop 288, west of the railroad 5racks. P & Z--Motion was made by Speake,, seconded by Thompson that the property be shown as "LI." Motion carried. Council--Motion was made by Nelson, seconded by Finlay to accept the recommendation of the Planning and Zoning Commission. Motion carried. 43. City Lots 1 through 5, Block 235/A, located between Park Lane and Chambers Street in the Lincoln Park Subdivision. P & Z--Motion was made by.F~emm, seconded by Thompson that the request for neighborhood service zoning be denied. Motion carried. Council--Motion was made by Nelson, seconded by Finlay to accept the recommendation of the Planning and Zoning Commission. Motion carried. 44. City Lot 1, Block 4015, located on the southwest corner of Malone and Sena Streets. P & Z--Motion was made by Speake, seconded by Freeman that the property be shown as "O," and recommended that the Council consider the property to the west. Motion carried. Council--Motion was made by Nelson, seconded by Martin that the City Lots 7, 7.1 through 7.4, Block 4015, be included in the "O" classification. Motion carried with Finlay abstaining. 45. City Lots 3, 4, and 4.1, Block 4015, located on the northwest corner of Scripture and Malone. P & Z--Motion was made by Speake, that the request be approved but the motion died for lack of a second. Motion was made by Freeman, seconded by Speake that the property be shown as "NS." Motion carried. Council--Motion was made by Nelson, seconded by Martin to accept the recommendation of the Planning and Zoning Commission. Motion carried with Finlay abstaining. 46. City Lots 2, 2_1, 2.2, Block 4017, located on the southwest corner of Broadway and Malone Streets. P & Z--Motion was made by Speake, seconded by Thompson that the property be shown as "O." Motion carried. Council--Mot[on was made by Nelson, seconded by Finlay to accept the recommendation of the Planning and Zoning Commission. Motion carried. 47. City Lots 14 through 16, Block 331, tocated on the south side of Center between Hickory and Mulberry. MUNICIPAL BUILDING (Continued) January 8, 1969 P & Z--Motion was made by Thompson, seconded by Freeman that the property be shown as "GR." Motion carried. Council--Motion was made by Nelson, seconded by Finlay to accept the recommendation of the Planning ami Zoning Commission. Motion carried. * * * * * MUNICIPAL BUILDING January 14, 1969 Regular meeting of the City Council, City of Denton, Texas, Tuesday, January 14, 1969, at 7:00 p. m. in the Council Chambers, Municipal Building. Present: Mayor Martin, Mayor Pro Tern Loveless, Councilmen Finlay and Nelson, City Manager, Assistant City Manager, City Attorney, Acting City Secretary. Absent: Councilman Jones. 1. Motion was made by Loveless, seconded by Finlay, to approve the minutes of the regular meeting of December 10, 1968, and the special meetings of December 17, 1968, January 6, 1969, and January 8, 1969. Motion carried. 2. Bids: a. Bid No. 68-,3472: Level transmitter and receiver. Motion was made by Loveless, seconded by Finlay, that the bid be awarded to B. I. F. on the recommendation of the City Manager and the Purchasing Agent. Motion carried. 3. Motion was made by Finlay, seconded by Nelson, that the recommendation of the City Manager to install additional equipment for a turn signal at University Drive and Malone Street intersection be approved and that the City Manager proceed with this acquisition. Motion carried. 4. Petitions: a. Public Hearing was held on the petition of Mildred Casey, et al, requesting zoning reclassification of City Lots 24-26, Block 413, from "R," ~ Single family, to "A-2," Multi-family. Motion was made by Finlay, seconded by ' Nelson, that this be referred back to the Planning and Zoning Commission and that the City Planner inform them of the traffic problem in that area which was revealed to the Council at this meeting. Motion carried. b. Public hearing was held on the appeal of Joe Skites, et al, requesting zoning reclassification of City Lots 1-8, Block 394, from "R," Single Family, to "LB," Local Buginess. After considerable discussion, motion was made by Finlay, seconded by Loveless, that the Council accept Mr. Skile's request to withdraw this item from the agenda. Motion carried. MUNICIPAL BUILDiNG (Continued) January 14, 1969 c. For Referral Only. (1) Motion was made by Nelson, seconded by Einlay, that the petition of J. H. Neblett, et al, requesting that the zoning classification of City Lot 7, Block 233/B, be cha~ged from the "R" Single-family zoning to "LB" Local Business ~omng, be referred to the Planning and Zoning Commission for their recommendation. Motion carried. (2) Motion was made by Nelson, secorded by Finlay, that the petition of Grant Jacobson, requesting that the zoning classification on City Lots 1, 1.1, 1.2, Block 4017, Lots 3, 4, 5, Block 4018, Lots 1, 2, 2.1, 3, 3.1, 4, 4.1, 4.2, Block4020, Lots 9, 10, 11, 12, 13, Block4034, and Lots I through 9, Block 4020/Z be changed from the "R" Single family district to the "A-2" Multi- family zoning, be referred to the Planning and Zoning Commission for their recommendation. Motion carried. (3) Motion was made by Loveless, seconded by Finlay, that the petition of U. J. Ramsey, requesting zoning reclassification of City Lot 27, Block 413, from "R" Single family zoning to "A-2" Multi-family zoning, be referred to the Planning and Zoning Commission for their recommendation. Motion carried. (4) Motion was made by Loveless, seconded by Finlay, that the petition for a Quit Claim Deed from B. F. Daniel be referred to the Planning and Zoning Commission. Motion carried. 5. The following Ordinances were presented. a. ORDINANCE NO. 69-1 AN ORDINANCE AMENDING ARTICLES 1 THROUGH 32 INCLUSIVE OF THE CODE OF THE CITY OF DENTON, TEXAS, ESTABLISHING AND PROVIDING FOR ZONING REGULATIONS AND CREATING ZONING DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN AND WITHIN SUCH DISTRICTS REGULATING THE USE OF LAND, BUILDINGS AND STRUCTURES; THE HEIGHT, BULK AND LOCATION OF BUILDINGS; ESTABLISHING MINIMUM REQUIREMENTS FOR OFF-STREET PARKING, REGULATING THE ERECTION, REPAIR AN ALTERATION OF ALL BUILDINGS AND STRUCTURES; PROVIDING FOR SPECIFIC USE PERMITS FOR CERTAIN USES; RECOGNIZING NON-CONFORMING USES AND STRUCTURES AND PROVIDING RULES FOR THE REGULATION THEREOF; CREATING A BOARD OF ADJUSTMENT AND SETTING FORTH RULES FOR ITS ORGANIZATION, JURISDICTION AND POWERS; ESTABLISHING THE REQUIRE- MENTS FOR BUILDING SITES AND THE MANNER OF THEIR CREATION; PROVIDING FOR CERTIFICATES OF OCCUPANCY AND COMPLIANCE; DEFINING CERTAIN TERMS; ADOPTING A ZONING DISTRICT MAP AND MAKING IT A PART OF SAID ORDINANCE; MAKING ALL FIGURES, LETTERS, MARKINGS, SYMBOLS AND CHARTS CONTAINED IN SAID ORDiNANCE OR SHOWN ON THE MAP A PART OF SUCH ORDINANCE, PROVIDING A METHOD OF AMENDMENT; PROVIDING A PENALTY FOR VIOLATION OF SUCH ORDINANCE AND FOR INJUNCTIVE RELIEF TO PERSONS AFFECTED BY THE VIOLATION OF SAID ORDINANCE; PROVIDING A SAVINGS CLAUSE AND DECLARiNG AN EMERGENCY. (The full text of this Ordinance is printed in a special book hereby incorporated into this book by reference which book is kept on file herewith in the City Secretary's office and is classified under Packet No. 4616. ) Several citizens were present to oppose or request changes in the Zoning Ordinance. After' hearing the citizens, a motion was made by Loveless, seconded by N~lson, that the Zon[rrg Or. din~nce be adopted with the following inclusions: (1) that the west side of Center Street between Hihkory and Mulberry, where commercial structures exist, and ~2) the south side of Interstate 35E between Teasley Lane and the Presbyterian Synod, and (3) the northeast corner of the intersection of Skinner and Robertson Streets, and the property where 78 Skinner dead-endsinto Robertson Street where there currently exists commercial structures all be zoned "GR" which is General Retail District; and that in approving the new city zoning ordinance, no property be down-zoned, or in other words, lose any of the zoning uses which it now has, and that regardless of the general classification in which it is placed it retain ali the rights and usages which it had before the new zoning plan goes into effect with the exception of those areas which have been deleted from the Central Business District. On roll call vote, Martin voted "aye, "I'inlay voted[ "aye," Loveless voted "aye," Nelson voted "aye." Motion carried. b. ORDINANCE NO. 69-2 AN ORDINANCE ESTABLISHING AND CREATING THE POSITION OF CITY PARK RANGER AS A SPECIAL POLICE OFFICER OF THE CITY OF DENTON TO BE APPOINTED; AUTHORIZING SUCH OFFICER TO CARRY ARMS IN ALL CITY OWNED OR CONTROLLED PARKS AND RECREATION AREAS OUTSIDE THE CORPORATE LIMITS; PROVIDING THAT SUCH SPECIAL POLICEMAN SHALL NOT BE AN EMPLOYEE OF THE CITY POLICE DEPARTMENT, NOR BE ENTITLED RD ANY OF THE BENEFITS OF THE FIREMEN'S AND POLICEMEN'S CIVIL SERVICE ACT, AND WHO SHALL BE AN EMPLOYEE OF THE PARKS AND RECREATION DEPARTMENT. PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Loveless, seconded by Nelson to adopt the ordinance. On roll call vote Nelson voted'"aye," Finlay voted "aye," Loveless voted "aye," and Martin voted "aye." Motion carried. c. ORDINANCE NO. 69-~ AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTATIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS. Motion was made by Loveless, seconded by Nelson, that the ordinance be adopted. On roll call vote, Martin voted "aye," Loveless voted "aye," Nelson voted" " aye, 6. Motion was made by Loveless, seconded by Nelson, to accept the Tax Assessor-Collector's report of December, 1968, tax adjustments. Motion carried. 7. Motion was made by Nelson, seconded by Finlay, that the request of Radio Mobile Phones, Inc. to place an antenna on the McKenna Park Water Tower be denied. Motion carried. 8. Motion was made by Finlay, seconded by Nelson, that the request of Willowwood Residents for city sewer service without cost to the residents be denied. Motion carried. 9. Dr. Trickey spoke in favor of ribbon paving for Highland Park Road with the residents of the area paying part of the expense. Motion was made by Finlay, seconded by Loveless, that the matter be taken under consideration in a study session at a later date. Motion carried. 10. Motion was made by Loveless, seconded by Finlay, that the December statement of Norsworthy-Mercer, Inc., in the amount of $4,873.50 for advertising services be approved. Motion carried. . MUNICIPAL BUILDING January 28, 1969 Regular meeting of the City Council, City of Denton, Texas, Tuesday, January 28, 1969, at 7:00 p. m. in the Council Chambers of the Municipal Building. Present: Mayor Martin, Mayor Pro Tem Loveless, Councilmen Jones and Finlay, City Manager, Assistant City Manager, City Attorney and acting City Secretary. Absent: Councilman Nelson 1. Motion was made by Jones, seconded by Finlay, that the minutes of the regular meeting of January 14, 1969, be approved. Motion carried. 2. Bids: a. Bid No. 69-3611: Sprinkler System for Municipal Building grounds. Motion was made by Loveless, seconded by Jones, that the bid be awarded to the low bidder meeting specifications, who was Venable Sprinkler Company, as recommended by the Purchas- ing Agent and the City Manager. Motion carried. b. Bid No. 69-3256: Fence Construction Motion was made by Jones, seconded by Loveless, that the bid be awarded to Hurricane Fence Company, as recommended by the Purchasing Agent and the City Manager. Motion carried. - c. Bid No. 69-3710: Two 2500 KVA Transformers Motion was made by Loveless, seconded by Jones, that the bid be awarded to Cummins Supply Company, as recommended by the Purchasing Agent, the Director of Utilities, and the City Manager. Motion carried. 3. Petitions: a. Motion was made by Jones, seconded by Loveless, that the petition of Baker-Jones-Crow Company to eliminate City claims for street right-of-way in the undeveloped W. W. Wright Addition which includes portions of Broadway, Gober, and Aileen Streets be referred to the Planning and Zoning Commission for their recommendation. Motion carried. b. Motion was made by Jones, seconded by Finlay, to refer the petition of Shelton Ryan for reclassification of City Lots 3d, 364, and 362, City Block 176/B, from the Agricultural District to "MF-2," Multi-family District, to the Planning and Zoning CommissiOn for their recommendation. Motion carried. c. Motion was made by Jones, seconded by Finlay, to refer the petition of J. B. Crowley for reclassification of City Lots 1 and 2, Block 377/C, to the Planning and Zoning Commission - for their recommendation. Motion carried. 4. Ordinances: a. ORDINANCE NO. 69-4 AN ORDINANCE ESTABLISHING AND CREATING THE POSITION OF METER MAID AS AN EMPLOYEE OF THE CITY OF DENTON TO BE APPOINTED; AUTHORIZING ~UCH'~P~E '~O~IS~'~TRAFFIC CITATIONS WITHIN THE CORPORATE LI~!~S~,~RQ. VIDIN~.THA~.SUCH EMPLOYEE SHALL NOT BE A COMMISSIONED LA~ ~ENFORCEM~.~F~I~E~R, NOR A POLICE OFFICER, NOR BE SUBJECT TO THE PROVISIONS~F~THE FIREMEN'S AND POLICEMEN'S CIVIL SERVICE ACT; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. MUNICIPAL BUILDING (Continued) January 28, 1969 Motion was made iby Jones, seconded by Finlay, to adopt the ordinance. On roll call vote, Finlay voted "aye," Loveless voted "aye," Jones voted "aye," and Martin voted "aye." Motion carried. b. ORDINANCE NO. 69-5 AN ORDINANCE CANVASSING ELECTION RETURNS OF A SPECIAL ELECTION HELD JANUARY 25, 1969, TO DECIDE THE ADOPTION OR REJECTION OF CERTAIN PROPOSED AMENDMENTS TO THE CITY CHARTER. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the City Council officially ~inds and determines that an election was duly ordered to be he~d in the City of Denton, Texas, on Saturday the 25th day~ ~anuary, 1969, for the purpose of deciding certain amendments/~o the City Charter referred by the Council, and placed on the ballot as indicated below, and set out in full on said ballot; that proper notice of said election was duly given; that proper election officers were duly appointed prior to said election; that said election was duly held; that due returns of the results of the said election have been made and delivered; and that the City Council has duly canvassed said returns; all in accordance with law. SECTION II. That the City Council officially finds and determines that only resident, qualified electors of said City were allowed to vote at said election, and the following votes were cast at said election for the following propositions, there being no other propositions receiving any votes on this ballot: AMENDMENT NO. 1 (This amendment increases the number of Councilmen from 5 to 7; establishes a place system; provides election to each place by a majority of the votes cast; provides for the direct election of the mayor; and changes the Council quorum requirement from 3 to 4.) FOR THE ADOPTION OF AMENDMENT NO. t ...... 516 votes AGAINST THE ADOPTION OF AMENDMENT N0.1..1208 votes AMENDMENT NO. 2 (This amendment deletes the following sentence from the Charter which is presently in the Charter: The enacting clause of all ordinances shall be: "The Council of the City of Denton hereby ordains." This sentence is contrary to the enacting clause provided by State statute.) FOR THE ADOPTION OF AMENDMENT NO. 2 ..... 666 votes AGAINST THE ADOPTION OF AMENDMENT NO.2..1068 votes AMENDMENT NO. 3 (This amendment changes the regular city election day f~om the first 5~uesday in April to the first Saturday in April, and alters the election canvass requirements accordingly.) MUNICIPAL BUILDING (Continued) January 28, 1969 FOR THE ADOPTION OF AMENDMENT NO. 3 .......... 697 votes AGAINST THE ADOPTION OF AMENDMENT NO. 3 ...... 1048 votes AMENDMENT NO. 4 (This amendment increases the qualifications for the Corporation Court Judge by requiring him to be an attorney-at-l~ duly licensed to practice.) FOR THE ADOPTION OF AMENDMENT NO. 4 ......... 722 votes AGAINST THE ADOPTION OF AMENDMENT NO. 4 ..... 1010 votes AMENDMENT NO. 5 (This amendment clarifies the duties, and creates the independent position of, the Corporation Court Clerk.) ~q FOR THE ADOPTION OF AMENDMENT NO. 5 ......... 694 votes ~ AGAINST THE ADOPTION OF AMENDMENT NO. 5 ..... 1036 votes ~-~ AMENDMENT NO. 6 (This amendment repeals Section 10.12 of the Charter in order to prevent possible conflict with State Law.) FOR THE REPEAL OF SECTION 10.12 OF THE CHARTER.. ............................................ 515 votes AGAINST THE REPEAL OF SECTION 10.12 OF THE CHARTER.. ............................................ 1225 votes AMENDMENT NO. 7 (This amendment provides that the Council shall appoint the members of the Public Utilities Board. At the present time, such members are appointed by the City Manager.) FOR THE ADOPTION OF AMENDMENT NO. 7 ......... 531 votes AGAINST THE ADOPTION OF AMENDMENT NO. 7 ..... 1219 votes TOTAL NUMBER OF VOTES POLLED .......................... 1758 SECTION III. That the City Council officially finds, determines and declares the results of said election to be that the majority of the votes cast were against t~e adoption of each such amend- ment, and that the sald amendments referred by the Council are now defeated. PASSED AND APPROVED this. 28th day of January, A. D., 1969. /s/ ZEKE MARTIN, MAYOR ATTEST: /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY MUNICIPAL BUILDING (Continued) January 28, 1969 Motion was made by Jones, seconded by Loveless, to adopt an ordinance canvassing the election returns for the January 25, 1969, City election. On roll call vote, Finlay voted "aye," Loveless voted "aye," Jones voted "aye," and Martin voted "aye." Motion carried. 5. Motion was made by Jones, seconded by Finlay to table the matter of renewing Bill Hart's contract with the City for the collection of delinquent taxes until the Council can meet with the School Board to discuss the possibility of a cooperative contract between the School District and the City. Motion carried. 6. Motion was made by Jones, seconded by Finlay, to submit the following compromise rate increase for General Telephone Company's consideration: COMPROMISE RATE BUSINESS: One' p~r~y ..~' ~ $~3.,Q0 Extension '1.75 Semipublic 13.00 PBX Trunk 21.00 Hotel PBX Trunk 14.00 Rural 4-party 11.00 RESIDENCE: One party $ 6.15 Two party 5.15 Four party 4.45 Extension 1.25 Rural 4-party 5.50 Motion carried. 7. Mrs. Clyde Wright introduced her Girl Scout Troup which came to observe the Council in session, and the Mayor welcomed the group. 8. Councilman Jones stated his disapproval of the payment of City funds for a Norsworthy-Mercer, Inc., advertising bill which included alcoholic beverages in its promotional campaign, and asked that his exception to this Council action be noted in the official minutes. Meeting adjourned at 8:00 p. m. MUNICIPAL BUILDING February3, 1969 Special joint meeting of the City Council and the Library Board on February3, 1969, in the Municipal Building, at 4:30 p. m. Present: Mayor Martin, Mayor Pro Tem Loveless, Councilmen Jones, Nelson, and Finlay, City Manager, Assistant City Manager, Director of Finance, City Attorney, Library Board Chairman Dudley, Bailey, Brown, Ruth Barton, Mrs. Caldwell, Spratt, Jones and Speck. 1. The Library Board requested that the operating hours of the Public Library be increased to sixty (60) hours per week. Motion was made by Nelson, seconded by Loveless that the Library hours be increased to sixty (60}, subject to approval of the Commissioners' Court, and the City to fund the necessary salary increase jointly with the County. Motion carried. Meeting adjourned at 5:00 p. m. MUNICIPAL BUILDING February 11, 1969 Regular meeting of the City Council, City of Denton, Texas, Tuesday, February ll, 1969, at 7 p. m., in the Council Chambers of the Municipal Building. Present: Mayor Martin, Mayor Pro Tem Loveless, Councilmen Nelson, Finlay, and Jones, City Manager, Assistant City Manager, City Attorney, Assistant City Attorney, Acting City S~cretary. Absent: None 1. Motion was'made by Jones, seconded by Loveless, to approve the minutes of the regular meeting of January 28, 1~69, and the special meeting of February 3, 1969. Motion carried. 2. Visitors: ~'~' Mrs..Mange Da~, re~resenting the Historical Society and the B & ~..Gq~epor~ed~t ~he~B & PW Club now has $1,600 to give the City for the purpose of fenci~.,~akwood Cemetery. - After considerable discussion, and with mutual agreement, motion was made by Loveless, seconded by Jones, to consider installing only a portion of fencing that is presently needed at Oakwood Cemetery with the funds now available, the City matching $1,600 to the funds offered by the B & PW Club, and to join with the County to request state restoration of the John B. Denton marker on the City Square, and to replace "Denton Street" markers with "John B. Denton Street" markers. Motion carried. 3. Petitions: a. Public hearing was held on the petition of Mr$~ Mildred Casey, et al, requesting zoning reclassification of City Lots 24 through 26, Block 413, from "R" Single Family, to "MF-I", Multi-family. The property is further described as being located at 2004 through 2014 North Elm. MUNICIPAL BUILDING (Continued) February 11, 1969 Mrs. J. A. Nelson and Mrs. B. T. Grisham spoke in favor of the petition, and no one spoke in opposition. Motion was made by Jones, seconded by Nelson to approve this request for zoning reclassification. Motion carried. The following ordinance was presented adopting this zoning change: ORDINANCE NO. 69-6 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS 24 through 26 OF CII'Y BLOCK 413 AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jones, seconded by Finlay, to adopt the Ordi- nance. On roll call vote, Nelson voted "aye," Finlay voted "aye," Loveless voted "aye,'l'Jones'~voted."aye,'' and Martin voted "aye." Motion carried. b. Quit Claim Deed request to eliminate all claims on that portion of Coit Street extending 160 feet south from Sunset to the creek was discussed, and on the recommendation of the City Manager the following motion was made: Motion made by Nelson, seconded by Jones that the request for Quit Claim Deed be referred back to the Planning and Zoning Commission, emphasizing that they study whether or not it would be advisable to retain an easement since the City has utility lines under this property. Motion carried. c. For Referral 'to the Planning and Zoning Commission: (1) Motion was made by Finlay, seconded by Nelson, to refer the petition of Mrs. Ruby Sauls Allen, requesting zoning reclassification of City Lots 3, 4, 6 and 7, Block 139, from "SF-7" Single Family to "2F" Two Family, to the Planning and Zoning Commission. Motion carried. (2) Motion was made by Jones, seconded by Finlay, to refer the petition of Billy Hammett, et al, requesting zoning reclass-ifi- cation of City Lots 4 through 9, Block 377/B, City Lots ll, 12, 15 through 17.3, Block 377/C, from "SF-7" Single Family, to the "MF-I" Apartment District, to the Planning and Zoning Commission. Motion carried. (3) Motion was made by Finlay, seconded by Nelson, to refer the petition for a Quit Claim Deed, eliminating all claims and close that part of Underwood Street between.Collier and McCormick, to the Planning and Zoning Commission.Motion carried. (4) Motion was made by Loveless, seconded by Nelson, to refer the request for a Quit Claim Deed, eliminating all claims and clGsing that part of Underwood Street between Avenue C and Kendolph, to the Planning and Zoning Commission. Motion carried. (5) Motion was made by Loveless, seconded by Nelson, to refer the request for a Quit Claim Deed, eliminating all claims and closing that part of Margie Street between Avenue B and McCormick, to the Planning and Zoning Commission. Motion carried. (6) Motion was made by Finlay, seconded by Nelson, to refer the petition of Joe Skiles, et al, requesting zoning reclassification of City Lots 3, 4, 5, and 6, City Block 394, from "SF-7" to General Retail, to the Planning and Zoning Commission. Motion carried. d. Motion was made by Finlay, seconded by Nelson, to establish MUNICIPAL BUILDING (Continued) February ll, 1969 the price of $3.75 for the sale of the new Zoning Ordinance. Motion carried. 4. The following ordinance was presented: ORDINANCE N0..69-7 AN ORDINANCE FIXING AND DETERMINING THE PRINCIPAL MONTHLY RATES TO BE CHARGED BY GENERAL TELEPHONE COMPANY, ITS SUCCESSORS AND ASSIGNS, FOR AUTOMATIC LOCAL EXCHANGE TELEPHONE SERVICE FURNISHED TO ITS SUBSCRIBERS WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON, TEXAS~ AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. Motion was made by Finlay, seconded by Nelson, that the ordinance be adopted with the exception of Article IV. On roll call vote, Nelson voted "aye," Finlay voted "aye," Loveless abstained, Jones abstained and the Mayor voted "aye," The ordinance was adopted 5. Motion was made by Jones, seconded.by Finlay, to refer the request of Sam Strickland for access to City sewer lines to the Planning and Zoning Commission for their consideration and recommenda- tion. Motion carried. 6. Motion was made by Jones, seconded by'Finlay, to renew the contract of Bill Hart for the collection of delinquent taxes, and upon the recommendation of the City Manager, to renew this contract for this year, subject to a cooperative contract with .the School District at the next renewal date. Motion carried. 7. The following resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE ll~H DAY OF FEBRUARY, A.D., 1969. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, ~TEXAS:~ THAT a special fund be established in the City Finance Department, as a separate account to be known as the EMILY FOWLER LIBRARY FUND, which shall be subject to the following conditions: 1. That all library fines, memorials, donations and gifts be deposited to this account; 2. That all such monies be deposi%ed to this account with seven (7).days after receipt; 3..~ Tb~t these~funds be subject to the approval of the Library'Board; - 4. That such funds be expended only for books, periodicals, equipment or other items deemed advisable by~the Libra?y Board; 5. That all purchase orders and check requisitions on said account be cosigned by the Librarian and the Secretary of the Library Board; 6. That no employee or other person be authorized to accept fines, memorials, donations, gifts or other library funds except that they be deposited to the EMILY FOWLER LIBRARY FUND and subject to the conditions set forth above; and 7. That this account be subject to review by the Library Board, the City and County Auditors at all times, and that all 8G MUNICIPAL BUILDING (Continued) February Il, 1969 above provisions shall be come effective February l, 1969. PASSED AND'APPROVED this llth day of February, A.D., 1969. /si ZEKE MARTIN, MAYOR CITY OF DENTON, TEXAS ATTEST: Is~ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY APPROVED AND ADOPTED BY DENTON CITY OF DENTON, TEXAS COUNTY COMMISSIONERS COURT Motion was made by Jones, seconded by Nelson, to adopt the resolution. On roll call vote, Nelson voted "aye," Finlay voted "aye," Jones voted "aye," Loveless voted "aye," and Martin voted "aye." Motion carried. 8. Motion was made by Jones, seconded by Finlay, to adopt the following library hours, as recommended by the Library Board: Open at 7:00 a. m.., Monday through Saturday Close Monday at 6:00 p. m. Close Tuesday at 9:00 p.m. Close Wednesday at 6:00 p. m. Close Thursday at 9:00 p. m. Close Friday and Saturday at 6:00 p. m. On roll call vote, Nelson voted "aye," Finlay voted "aye," Jones voted "aye," Loveless voted "aye," and Martin voted "aye." Motion carried. 9. Motion was made by Nelson, seconded by Finlay, to approve the current statement of Norsworthy-Mercer, Inc. for advertising services in the amount of $1,357.50. Motion carried. Meeting adjourned at 8:42 p. m. ~,,J~I~t'OR MARTIN ~'~ CITY SECRETARY 187 MUNICIPAL BUILDING February 25,1969 Regular meeting of the City Council, City of Denton, Texas, Tuesday, February 25, 1969, at 7:00 p. m. in the Council Chamber, Municipal Building, Denton, Texas. Present: Mayor Martin, Mayor Pro Tem Loveless, Councilmen Nelson, Jones and Finlay, City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Jones, seconded by Nelson to approve the minutes of February 11, 1969. Motion carried. 2. Bids: a. 69-3858 Scrap wire and obsolete materials. Motion was made by Jones, seconded by Nelson to accept the recommendation of the City Manager and award the bids as follows: Item 1 - to Alexander Metals at $32 C.WT. Item 2 - to Alexander Metals at $7 C.~FF. Items 3, 4, & 5 to G. J. Hilli'ard at a lump sum bid of $595. Item 6: 300 KVA to James R. Douglas for $975 730 KVA to Greenville Transformer for $2,263 b. 69-3859 Lawn Mowers. Motion was made by Nelson, seconded by Jones that the bid be awarded to Denton Center Hardware at a net bid, after trade-in, of $1,094.85. Motion carried. c. Technical Equipment-Circuit Breaker Tester and Relay Tester. Motion was made by Loveless, seconded by Jones that the bid be awarded to Multi-Amp Division, the sole source, for one Multi-Amp Model CS-7 relay tester at $1,895 and one Multi-Amp Model CB-225 Circuit Breaker Tester at $6,670. Motion carried. 3. Petitions: A. Z-1039 Public Hearing was held on the petition of J. H. Neblett, et al, requesting that the zoning classification of City Lot 7, Block 233/B be changed from the Agricultural District to the General Retail classification. After.hearing proponents but no opponents, motion was made by Loveless, seconded by Nelson that the petition be approved. Motion carried. B. Motion was made by Nelson, seconded by Jones that the petition of J. M. Kelson, requesting reclassification of City Tract 2A, Block 187-4, from the "C" Commercial Zoning to the "LI" Light Industrial Zoning, being further described as being located at the northeast corner of Highway 24 and Mayhill Road, be referred to the Planning and Zoni~9.Com~ission~.~for its recommendation. Motion carried. .~ :. , 4. ..~ ~dinan~e: .~.. The following Ordinance was presented: ORDINANCE NO. 69-8 ~ " - .~,., AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOT 7 OF CITY BLOCK 233/B AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Nelson, seconded by Loveless that the Ordinance be adopted. On roll call vote Loveless voted "aye," Nelson voted "aye," Jones voted "aye," Finlay voted "aye," and Martin voted "aye." Motion carried. 88 MUNICIPAL BUILDING February 25,1969 5. The Council discussed the Resolution made by the Public Utilities Board relative to cooperation with the City of Dallas in sponsoring the Aubrey Reservoir project. After the discussion, the following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD AT THE MUNICIPAL BUILDING OF SAID CITY ON THE 25TH DAY OF FEBRUARY, A. D. 1969. RESOLUTION WHEREAS, it has been shown to the Council in a recommendation and resolution by the Public Utilities Board, based upon a study by the City of Dallas and certain hydrological studies of the watershed yields and the Master Plan of the water distribution and production systems, indicating that the safe drouth yield of Garza-Little Elm Reservoir will be completely utilized before 1975, requiring the construction of an additional water supply reservoir, as an absolute necessity; and WHEREAS, construction of a reservoir of this size ~ormally requires ten years from planning stages to the full reservoir, allowing a reasonable period for rainfall and runoff to fill the structurE! upon completion, it is essential that engineering studies and planning on such reservoir, to be known as Aubrey Reservoir, begin in the current fiscal year if the City is to avoid unnecessary risk of a water ~hortage by year 1980, and WHEREAS, the City of Dallas requested the Corps of Engineers to include in their fiscal year 1970 budget, planning money for Aubrey Reservoir, an authorized project pursuant to provisions of House Document 276 and Section II of Public Law 89-298 of the 89th Congress, and WHEREAS, the orderly progress of the Dallas Long Range Water Plan includes the City of Denton, and is considered essential and of highest priority to the growth and progress of the City of Denton as well as of Dallas, and WHEREAS, the City of Dallas and the City of Denton believe that it is in the mutual interest of each party to develop the water resources of the Elm Fork, and particularly the proposed Aubrey Reservoir, and have entered into an agreement executed by action of the City Councils of the City of Dallas and the City of Denton on November 19, 1962, in which the parties agreed to cooperate to prosecute a program of construction for Aubrey Reservio~, and WHEREAS, the City of Dallas and the City of Denton are "political subdivisions" pursuant to Article 8280-9, Section II (e), Vernon's Annotated Civil Statutes (as amended by Acts 1967, 60th Leg.), and WHEREAS, the City of Dallas and the City of Denton desire to make application to the Texas Water Rights Commission for designation as the Cooperating Local Sponsors of the Aubrey Reservoir Project, pursuant to Section 24 of Article 8280-9, Vernon's Annotated Civil Statutes (as amended by Acts 1967, 60th Leg.), NOW THEREFORE, BE IT RESOLVED BY THE COUNCILLOF THE CITY OF DENTON, TEXAS: SECTION I. That the City Manager is hereby authorized and directed to file an Application with the Texas Water Rights Commi~- sion in cooperation with the City of Dallas, Texas, pursuant to the contract and agreement between the City of Dallas and the City of Denton mentioned heretofore, for MUNICIPAL BUILDING February 25,1969. designation as the Cooperating Local Sponsors of the Aubrey Reservoir Project. SECTION II. That this Resolution shall take effect immediately upon its passage and approval. PASSED AND APPROVED this 25th day of February, A.D., 1969. /s/ ZEKE MARTIN, MAYOR CITY OF DENTON, TEXAS ATTESTS: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Nelson, seconded by Jones that the Resolution be adopted. On roll call vote, Loveless voted "aye," Nelson voted "aye," Jones voted "aye," Finlay voted "aye," and Martin voted "aye." Motion carried. 6. Mrs. Sally Klemm, 2321 Westwood Drive, requested that the Council pass a leash law. After considerable discussion of the problem, the Council agreed to take the matter under advisement. 7. The Council discussed the offer of Mrs. John F. McRay to build a fountain on the patio area of the Public Library and install a sliding glass door to reach the patio area. City Manager advised the Council that the Library Board had approved these additions subject to the approval, with conditions, of the architect. He added that the architect had sent his approval with the conditions as follows: A. That the door be placed next to the pillar south of the present windows but near the south corner of that wall. B. That the door be at least the width of the gypsum panel which is visible on the outside of the building. C. That the door be glass. D. That a plastic cover be placed on the latticework to terminate above the door to allow proper drainage and seal during bad weather. E. That under no circumstances the arrangement of the furniture be changed in the'area, especially regarding such pieces as the index table, the reference'unit, the display cases, etc. F. That, prior to instigation of these plans, both the landscape architect and the building architect selected to perform these changes meet with the Assistant City Manager and the Director of Parks & Recreation of the City of Denton. Motion was made by Loveless, seconded by Jones to accept the recommendation of the Library Board and accept the gift of the fountain and door from Mrs. McRay. Motion carried. 8. John Maxwell, Woody Taliaferro and W. H. Bryant were present relative to city employee group insurance. Mr. Maxwell, the spokesman, presented the proposals of several companies and recommended that the contract be awarded to the Republic National Life Insurance Company of Dallas, Texas. 9O MUNICIPAL BUILDING February 25,1969 Motion was made by Jones, seconded by Finlay to authorize the City Manager to enter into a contract with Republic National Life Insurance Company of Dallas for city employee insurance. Motion carried. 9. Ordinance: ..~The foil,owing O~di~nance was presented to the Council: .... ORDINANCE NO. 69-9 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CALLING AND ORDERING AN ELECTION TO BE HELD ON THE lST DAY OF APRIL, A.~., 1969, THE SAME BEING THE FIRST TUESDAY IN SAID MONTH,"~fq~R~ T~E"F~JRPOSE OF ELECTING THREE (3) OOUNCILMEN FOR THE CITY OF DENTON, TEXAS, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 3, SECTION 3.01 (a) OF THE CHARTER OF THE CITY OF DENTON, TEXAS; ESTABLISHING THE HOURS AND PLACE FOR THE SAID ELECTION; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND POSTING IN THREE PUBLIC PLACES IN THE CITY OF DENTON AS NOTICE OF SAID ELECTION; DIRECTING THE CITY SECRETARY TO MAKE UP THE OFFICIAL BALLOTS, CAUSING THE SAME TO BE PRINTED AND DELIVERED TO THE PRESIDING OFFICER; PROVIDING~FOR THE CANVASSING OF THE RETURNS OF THE SAID ELECTION AND DECLARING THE RESULTS OF SAME BY THE CITY COUNCIL; AND DECLARING AN EFFECTIVE DATE. Motion was made by Jones, seconded by Finlay that the Ordi- nance be adopted. On roll call vote, Loveless voted "aye," Nelson voted "aye," Jones voted "aye," .~ ~ Finlay voted "aye," and Martin voted "aye." Motion carried. 10. Fencing of Oakwood Cemetery on the north side of East Prairie was discussed.e The City Manager stated that the total cost for this fencing would be $4,673.80, and that the B & PW offered $1,600 toward defraying costs, leaving a balance of $3,073.80 to be paid by the City. Motion was made by Jones, seconded by Finlay to approve this project. Motion carried. 11. Motion was made by Jones, seconded by Loveless that since Dr. Ector Roberts was presently hospitalized and would not be able to resume his duties as a member of the Planning and Zoning Commission for an indefinite period, that Jim Frisby be fppointed to serve on a temporary basis. Motion carried. 12. Councilman Loveless mentioned the request for strip paving on Highland Park Road and other streets in that area. Mayor Martin requested a postponement of action until the matter could be discussed with North Texas State officials. The Council concurred. 13. Motion was made by Loveless, seconded by Finlay to request the Texas Highway Department to complete a survey of the route of Loop 288 north from Highway 24E to Highway 24W and to furnish to the City of Denton the designated route as soon as possible. Motion~carried. 14. Motion was made by Loveless, seconded by Jones that the City Limits of Denton be extended along either side of railroads for a width of three hundred (300) feet, or less if a highway or roa~ is nearer than that distance, but including the railroad on the north to the City Limits of Aubrey and on the south to the City Limits of Argyle, in order to protect the future development of land adjoining the railroad. This.~ould also include the Santa Fe Railroad, both north and south and also along ~he new Interstate Highway 35W. Should the mentioned total length of the City Limits ~t be possible at one time, then extend them as far as possible and when possible, continue the extension of the City Limits, and for the City Manager and City Attorney to present a report on the feasibility of such extension at the next meeting. 15. Loveless inquired as to progress of the plans by engineers for the proposed railroad underpass at East McKinney Street. No definite action was taken. MUNICIPAL BUILDING February 25,1969 Moton was made by Jones, seconded by Loveless that the meeting be adjourned. Meeting adjourned at 9:20 p.m. ' CITY SECRETARY MUNICIPAL BUILDING March 11 1969 , Regular meeting of the City Council, City of Denton, Texas, Tuesday, March ll, 1969, at 7 p. m. in the Council Chambers, Municipal Building. · Present: Mayor Martin, Mayor Pro Tem Loveless, Councilmen Nelson, Finlay, and Jones, City Manager, Assistant City Manager, Assistant City Attorney and City Secretary. 1. Motion was made by Loveless, seconded by Jones that the minutes of the regular meeting of February 25, 1969, be approved. Motion carried. 2. Visitor: Hazel Frederick, Chairwoman of the Oakwood Cemetery Project of the Business and Professional Women's Club, presented a check to Mayor Martin in the amount of $1,600 as the club's contribution to the fencing of the Oakwood Cemetery north of East Prairie Street. Mr. Loveless suggested that a resolution of appreciation be prepared and presented to the B & PW for its generous gift. The Council concurred. 3. The following O~dinance was presented: ORDINANCE NO. 69-10 ORDINANCE DIRECTING THE ISSUANCE OF $1,285,000 General Obligation Bonds and $1,060,000 Water and Sewer System Revenue Bonds. Motion was made by Nelson, seconded by Jones that the Ordinance be adopted. On roll call ¥ote, Finlay voted "aye," Loveless voted "aye," Jones voted "aye," Nelso~ voted '~aye," and Martin voted "aye." Motion carried. 4. Motion was made by Jones, seconded by Finlay that the Financial Advisory Contracts with the First Southwest Company of Dallas as City of Denton fiscal agents be approved. Motion carried. 5. Petitions: a. A public hearing was held on the petition of Shelton Ryan, requesting that the zoning classification of City Tracts 3D, 3B4, and 3B2, City Block 176~V, be changed from the Agricultural District to the "MF-2," Multi-family District. The property is further described as being located between Mingo Fishtrap Road and University Drive beginning 325 feet west of Old North Road and extending to the west approximately 830 feet. After hearing proponents but no opponents, motion was made by Nelson, seconded by Loveless that the petition be approved. Motion carried. b.&c. Motion was made by Nelson, seconded by Jones that the request MUNICIPAL BUILDING (Continued) of North Texas State University to remove a portion of Margie Street between Avenue B and McCormick and the consideration of the removal of Bernard street, Johnson Street and Underwood Street from the current Assessment Paving Project, be tabled until the next regular meeting. Motion carried. d. Motion was made by Nelson, seconded by Finlay that the Quit Claim Deed request of B. F. Daniels on that portion of Coit Street extending 160 feet.~outh'.from~Sunset Street to the creek, be denied. Motion c.arried. 'e. The Quit Claim De~d request of Pauline Arrington to elimi- nate all claims and close that portion of Underwood Street between Collier Street and McCormick Street was considered. Motion was made by Nelson, seconded by 'Jones ~'hat-the matter be tabled subject to receipt of a written Contract of Agreement from the petitioner with conditions incorporated as follows: (1) Dedication of a 60 foot right of way on Avenue B from Underwood Street south to the access road of 35E. ('2) Dedication of a 16 foot easement on the north side of the existing Underwood Street. (3) Petitioner to pave and gutter Avenue B between Underwood Street and access road of 35E. (4) Property owner bear the expense of moving power and telephone lines into the dedicated 16 foot easement. 6. The following Or(~inance was presented: ORDINANCE NO. 69-11 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON~ TEXA$.~ Motion was made by Jones,. seconded by Finlay.thBt ]the Ordinance be adapted. On roll call w)te, Finlay voted "aye," Loveles~ voted "aye," Jones voted " " aye, Nelson voted "aye," and Martin voted "aye." Motion carried. 7. The Council considered the request of Sam Strickland for the City to approve use of sewer line facilities on Mayhill Road outside the ~ City Limits. Motion was made by Nelson, seconded by Jones to approve the request. Motion carried. 8. The following Resolution was presented: AT A REGULAR MEETING OFTHE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE llTH DAY OF MARCH, A.D., 1969. RESOLUTION WHEREAS, the need for an adequate disaster alert system has been determined, in order to properly warn each inhabitant of the City in time to obtain safety and suitable shelter from storm or acts of man; and WHEREAS, such alert system needs to be clearly audible to all parts of the community, in the shortest possible time, requiring numerous signals in different locations simultaneously, which can be performed satisfactorily by the below described sirens mounted in City Police Vehicles, insuring complete mobility and saturation; and WHEREAS, the same electronic equipment also can emit a sound similar to. exit,ting ?~iling sirens, producing 103 Decibels of 100 feet, MUNICIPAL BUILDING (Continued) being almost twice the sound output of the other sirens, and which wail can be changed to a high pitch "yelp" designed to attract more attention in congested areas to warn of the presence of the emergency vehicle using same, and more directly focus attention on such vehicle. NOW,THEREFORE,because of the combination of the three siren sounds, and for the need of each use and purpose, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES, THAT the Police Department be, and is hereby, authorized to install electronic sirens in emergency.vehicles, and use same as official warning devices under the provisions of R.C.S. Article 6701d Section 133 (d), reserving the "yelp" sound for traversing congested traffic areas during an:. emergency call, reserving the "high-low" sound for civil defense and disaster alert, and using the "wail" sound for all other lawful purposes. PASSED AND APPROVED this llth day of March, A.D., 1969. /s/ ZEKE MARTIN, MAYOR City of Denton, Texas ATTEST: /s/ BROOKS HOLT, CITY SECRETARY Oity Denton, Texas APPROVED AS TO LEGAL FORM: Is~ JACK Q. BARTON, CITY ATTORNEY City of Denton, Texas Motion was made by Jones, seconded by Finlay that the Resolution be adopted. On roll call vote, Finlay voted "aye," Loveless voted "aye," Nelson voted "aye," Jones voted "aye," and Martin voted "aye." Motion carried. 9. A policy for the use and identification of city-owned vehicles and heavy equipment was presented by the City Manager. Motion was made by Nelson, seconded by Jones that the recommended policy be approved. LOveless then moved to amend the motion as follows: (1) City vehicles to be used only on written permission of the City Manager. (2) First violation of policy to carry a thirty-day suspension without pay, and the second violation to result in dismissal. Motion died for lack of a second. A vote was taken to approve the original motion. Motion carried with Jones abstaining. 10. Mr. Loveless inquired if the bids had been prepared and call for construction of the underpass on Bast McKinney at the railroad. The City Manager advised that legal advertising had been done and bids were expected to be opened in mid April. 11. Motion was made by Nelson, seconded by Jones that the meeting be adjourned. Motion carried~, Meeting adjourned at 8:30 p.m. -,~,.-~ ,~,.~~.....j ~--'~ .'- 194' MUNICIPAL BUILDING March 26, 1969 Regular meeting of the City Council, City of Denton, Texas, Wednesday, March 26, 1969, at 7:00 p. m. in the Council Chambers of the Municipal Building. Present: Mayor Martin, Mayor Pro Tem Loveless, Nelson and Finlay, City Manager, Assistant City Manager, City Attorney and City Secretary. Absent: Jones 1. Motion was made by Loveless, seconded by Finlay that the minutes of the meeting of March 11, 1969, be approved with corrections as follows: Under Item 9, (1) should read as follows: City vehicles shall be taken home at night only on written permission of the City Manager; and (2) should read as follows: First violation of the use of the vehicles other than for City business, to carry a thirty day suspension without pay. The second violation to result in dismissal. Motion died for lack of second. Motion for approval~ of minutes with correction carried. 2. Mrs. C. A. Tripp appeared in opposition to the continued fluoridation of the City water supply. No action was taken. 3. Petitions: a. A public hearing was held on the petition of Ruby Sauls Allen, et al, requesting zoning reclassification of City Block 139 from the "SF-7" single family zoning, to the "2-F," duplex classifi- cation. The p~,operty is further described as that block bounded by Roberts, Sauls, Cherrywood and Greenwood Streets. After hearing four proponents and nine opponents, motion was made by Loveless that a decision be postponed for further study until another meeting of the Council. The motion died for lack of a second. Motion was then made by' Nelson, seconded by Finlay that the petition for rezoning be denied. Motion carried with Loveless abstaini ~. b. A public hearing was held on the petition of Joe Skiles et al, request~ing zonin§ reclassification of City Lots 3, 4, 5, and 6, Block 394, from the "SF-7" single family zoning, to the "GR" general retail classification. This property is further described as being located between Kendolph and Avenue C, extending north 160 feet, north of Wilshire. After hearing proponents, but no opponents, motion was made by Loveless, seconded 6y Finlay that the rezoning be approved. Motion carried. c. A public hearing was held on the petition of J. M.Kelsoe, requesting zoning reclassification of City Lot 2-A, Block 187-4, from "C," commercial, to "LI," light industrial. The property is further described as being located at the northeast corner of Highway 24 and Mayhill Road. Motion was made by Loveless, seconded by Finlay to approve the petition for a Specific Use Permit for a wholesale gas distributor- ship. Motion carried. d. Motion was made by Finlay, seconded by Nelson that the petition of Jackson and Jackson Development Co. requesting zoning reclassification~f C,~ty L'ots' 4, 5 and 6, Bloc~ 274/A, from A be refe~r, ed to t~e_ ~Plann'~5,~ ~n~Zoning Commission for recommendation. Motion 195 MUNICIPAL BUILDING March 26, 1969 (Continued) 4. The request of North Texas State University to remove that portion of Margie Street between Avenue B and McCormick Street from the Assessment Paving Project which currently is underway was ~udied. Motion was made by Nelson, seconded by Finlay that the recommenda- tion of the City Manager be accepted and the'request be denied. Motion carried with Loveless abstaining. 5. The request to remove Bernard, Johnson and Underwood Streets from the current assessment paving project was studied. Motion was made by Finlay, seconded by Loveless that Bernard, Johnson and Underwood Streets be deleted from the Assessment Program. Motion carried. 6. Ordinances: The following Ordinances were presented: a. ORDINANCE NO. 69-12 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS 3, 4, 5 AN§ 6 OF CITY BLOCK 394 AS SHOWN ON THE OFFICIAL TAX MAP OF THECITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Loveless, seconded by Nelson that the Ordinance be adopted. On'roll call vote Loveless voted ."aye," Nelson voted "aye," Vinlay voted "aye," and Martin voted "aye." Motion carried. b. ORDINANCE NO. 69~13 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX'~7OTHE CODE OF ORDINANCE OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS TRACTS 3D, 3B4 AND 3B2 OF CITY BLOCK 176-V AS SHOWN ON THE OFFICIAL TAXMAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Finlay, seconded by Nelson that the Ordinance be adopted. On roll call vote Loveless voted "aye," Nelson voted "aye," Finlay voted "aye," and Martin voted "aye." Motion carried. 7. The Council reviewed the statement from Forrest & Cotton, Inc. in the amount of $1,500 for a feasibility study of the proposed McKinney Street grade separation project. Motion was made by Nelson, seconded by Finlay. that the statement be approved and the account be paid. Motion ea~ed. 8. The request of Jimmie Clinton to tap the raw water line ~outh of Denton.was studied. Motion was made by Finlay, seconded by Nelson to table the request until the City Manager makes a study of the matter. Motion carried. 9. Motion was made by Loveless, seconded by Nelson to request the City Manager and the City Attorney to make an investigation of the legality of City Utility Funds being expended by the Chamber of Commerce. Motion carried. Meeting adjourned at 10:lO p. m. City Secretary MUNICIPAL BUILDING April 7, 1969 Special meeting of the City Council of Denton, Texas, Monday, April 7, 1969, in the Council Chambers in the Municipal Building. Present: Retiring Councilmen Mayor Martin, Mayor Pro Tem Loveless, and Jones; Holdover Councilmen Nelson and Finlay; newly elected Councilmen Neu, Ramey and Ayer; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Jones, seconded by Finlay that the minutes of the regular meeting of March 26, 1969, be approved. Motion carried. 2. Visitors: Rev. E. H. Garrett, Chairman of the Mayor's Committee for Southeast Denton, expressed his thanks to the Council and to Mayor Martin for their efforts in behalf of Southeast Denton. He presented an engraved plaque of appreciation to Mayor Martin. 3. Motion was made by Jones, seconded by Loveless that the City deed to Denton County that portion of land immediately east of the County Courthouse Annex, currently a portion of Civic Park, for use as a parking lot for as long as it is used for that specific purpose, and that the City Attorney be instructed to draw a proper deed with a reversionary clause describing the exact area. Motion carried. 4. Motion was made by Jones, seconded by Loveless to authorize $20,000 for the support of the City-County Health Unit to be paid monthly. Motion carried. 5. Motion was made by Finlay, seconded by Jones to send a letter of appreciation to Mr. Sam Atcheson of the Dallas Morning News for his outstanding and informative article on Denton and Denton County. Motion carried. 6. Mayor Martin presented longevity pins to City employees who had worked for the City of Denton five years or more. Both present and incoming Councilmen congratulated each recipient. 7. The Council canvassed the regular City Election of April 1, 1969. The following Ordinance was presented: ORDINANCE NO. 69-14 AN ORDINANCE CANVASSING ELECTION RETURNS OF ELECTION HELD APRIL l, 1969, TO ELECT THREE CITY COUNCILMEN. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the City Council officially finds and determines that an election was duly ordered to be held in the City of Denton on the 1st day of April, 1969, fo'r the purpose of electing three (3) members to said Council; that proper notice of said election was duly given; that proper election officers were duly appointed prior to said election; that said election was duly held; that due returns of the result of said election have been made and delivered; and that the City Council has duly canvassed Said returns; all in accordance with law. SECTION II. That the City Council officially finds and determines that only resident, qualified electors of said City were allowed to vote at said election, and the following votes were cast at said election for each candidate and write-in, there being-. ~b~ other person receiving any votes at this election: MUNICIPAL BUILDING (Continued) April 7, 1969 Harold L. Ramey 1498 votes Frank Cawthon 1135 votes Charles M. Thompson 1240 votes Bill Neu 1554 votes Hugh M. Ayer 1324 votes John C. Moellinger 1254 votes SECTION III. That the City Council officially finds, determines and declares the results of said election to be that Harold L. Ramey, Bill Neu and Hugh M. Ayer, have each received the proper number of votes to be elected, and that each of them is elected to said Council in accordance with law. PASSED AND APPROVED this 7th day of April, A.D., 1969. Is~ ZEKE MARTIN, MAYOR CITY OF DENTON, TEXAS ATTEST: Is~ BROOKS HOLT, CITY SECRETARY CITY OF'DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Jones, seconded by Nelson that the Ordinance be adopted. On roll call vote Nelson voted "aye," Finlay voted "aye," Jones voted "aye," Loveless voted "aye," and Martin voted "aye." Motion carried. 8. Mayor Martin, Mayor Pro Tem Loveless and Councilman Jones individually expressed their appreciation to the citizens of Denton, other Councilmen and City employees for their cooperation. 9. Newly elected Councilmen Ramey, Ayer and Neu took the Oath of Office from the City Secretary. Mayor Martin, Councilmen Jones and Mayor Pro Tem Loveless relinquished their seats to Councilmen Ramey, Ayer and Neu. 10. The City Secretary took the chair and opened nominations for Mayor of the City of Denton. Motion was made by Neu, seconded by Finlay that L. A. Nelson be elected Mayor of the City of Denton by acclamation. Motion carried unanimously. - Mayor Nelson accepted the nomination, took the chair and thanked each of the three retiring Council Members and presented each with an engraved plaque of appreciation. 11. The following Resolutions. werepresented: AT A SPECIAL MEETING OF THE CITY' COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAIO CITY ON THE 7TH DAY OF APRIL, A.D., 1969. a. RESOLUTION WHEREAS, Zeke Martin was elected to the City Council of the City of Denton at a regular election held on April 4, 1967, and was chosen Mayor of said City by unanimous vote of the Council at its first regular meeting in April, 1967; and MUNICIPAL BUILDING (Continued) April 7, 1969 WHEREAS, the Council of the City of Denton is losing the services of its popular and well-liked Mayor who has served the people of the City of Denton so well the past two years; and WHEREAS, throughout his tenure of office, Mayor Zeke Martin has continually earned the respect and admiration of his subordinates and peers; and WHEREAS, Zeke Martin has been extremely active as Mayor of the City of Denton, displaying outstanding leadership, friendliness, zeal and faithful devotion to duty without pay, reward or other compensation, thereby assisting in raising the standards of the City which he loves so well; and WHEREAS, Zeke Martin has made a substantial contribution to the improvement and growth of the City of Denton which City has been extremely fortunate in having received the representation of Zeke Martin for these past years, and for the future services which we know he will offer the City and its people; now therefore BE IT-RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS that on behalf of the people of Denton and the officers and employees of the City, the City Council does hereby express its thanks and appreciation to Zeke Martin for his tire- less, intelqigent, able and cooperative manner, - and for his valuable work for the City of Denton as its Mayor and as Chairman of its Governing Body; and be it further RESOLVED that the original of this resolution be deliv- ered to him the said Zeke Martin, in recognition of the foregoing, and for the purpose of con- veying to him the sincere wishes of the City Council of the City of Denton for a long and successful career as a citizen of our community. PASSED AND APPROVED this 7th day of April, A.D., 1969. /s/ L. A. Nelson MAYOR OF THE CITY OF DENTON, TEXAS ATTEST: /s/ Brooks Holt CITY SECRETARY, CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ Jack Q. BartOn CITY ATTORNEY, CITY OF DENTON, TEXAS Motion was made by Finlay, seconded by Ayer that the Resolution be adopted. On roll call vote Finlay voted "aye," Ayer voted "aye," Ramey voted "aye," Neu voted "aye," and Nelson voted "aye." Motion carried. MUNICIPAL BUILDING (Continued) April 7, 1969 AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OB SAID CITY ON THE 7TH DAY OF APRIL, A.D., 1969, b. RESOLUTION WHEREAS, the Council of the City of Denton is losing one of its valued members in Marvin Loveless, who was elected thereto on April 4, 1967, and who has ably served as Mayor Pro Tem, after being chosen as same by the Council members; and WHEREAS, Marvin Loveless has served the City of Denton for two years, and during said time has always discharged his duties, and responsibilities diligently and efficiently, with the highest professional standards; and WHEREAS, Marvin Loveless has consistently served above and be- yond the mere efficient discharge of his duties in promoting the welfare and prosperity of the City as a member of its governing body, and has earned the res- pect and admiration of his subordinates; and WHEREAS, Marvin Loveless has been extremely active as a member of this Council, and as Mayor Pro Tem, and has devoted much time and effort, without pay, reward or other compensation to raising the standards of the City of Denton; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, that the sincere and warm appreciation of Marvin Loveless by the citizens and officers of the City of Denton be conveyed to him permanently by spreading this Resolution in the official minutes of the City of Denton, Texas, and forwarding the executed original to him; and BE IT FURTHER RESOLVED, that the City of Denton does hereby extend its best wishes to Marvin Loveless for a long and successful career as a member of our community; and we all say THANK YOU for services rendered. PASSED AND APPROVED this 7th day of April, A. D., 1969. /s/ L. A. Nelson MAYOR OF THE CITY OF DENTON, TEXAS ATTEST: /s/ Brooks Holt CITY SECRETARY, CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ Jack Q. Barton CITY ATTORNEY, CITY OF DENTON, TEXAS Motion was made by Finlay, seconded by Ayer that the Resolution be adopted, On roll call vote Finlay voted "aye," Ayer voted "aye," Ramey voted "aye," Neu voted "aye," and Nelson voted "aye." Motion carried. AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 7TH DAY OF APRIL, A.D., 1969. MUNICIPAL BUILDING (Continued) April 7, 1969 c. RESOLUTION WHEREAS, the Council of the City of Denton is losing one of its most valued and sincere members in J. T. Jones, Jr., who was elected thereto on April 4, 1967, by a vote of the people; and WHEREAS, J.T. Jones, Jr., has been a part of the gov- erning body of the City of Denton for the past -two years, during which time he has contributed those perpetual qualities such as honesty, "-- i~teg~ity~' Qutstanding leadership, and faithful devotion to duty, that have marked his services to the City of Denton as noteworthy both in citizenship and excellence of per~fo~ance~'and WHEREAS, .J.T. Jones, Jr., a Christian gentleman, has made a substantial contribution to the growth and betterment of the City of Denton; and WHEREAS, the City of Denton has been indeed fortunate in having enjoyed such dedicated services of J. T. Jones, Jr., during his term of office, and for the future services which we know will be forth- coming; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, that on behalf of the people of Denton and the officers and employees of the City, the City Council does hereby express its thanks and _ sincere appreciation to the said J. T. Jones, Jr., for his tireless, intelligent, forthright and cooperative manner, and for his invaluable work for the people of the City of Denton; and be it further RESOLVED that the original of this Resolution be de- livered to him, the said J. T. ~ones, Jr., in recognition of the foregoing, and for the purpose of conveying to him the sincere wishes of the City Council of the City of Denton for his good health, happiness and success in the future as an important member of our community. PASSED AND APPROVED this 7th day of April, A.D., 1969. /s/ L. A. Nelson MAYOR OF THE CITY OF DENTON, TEXAS ATTEST: /s/ Brooks Holt CITY SECRETARY, CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ~s/ Jack Q. Barton CITY ATTORNEY, CITY OF DENTON, TEXAS Motion. was made by Finlay, seconded by Ayer that the Resolution be adopted. On rol ' Ramey voted "aye," Neuavotedt~aye'"aand°NelsonYv~ted~aYe'~edMo~o~'' 1 c 11 vo Fin! Y ~ ~e~"a e ~ ~ r vo "~e carried. MUNICIPAL BUILDING.(CONTINUED) April 7, 1969 12. Mayor Nelson opened nominations for Mayor Pro Tem. Motion was made by Ramey, seconded by Finlay that Bill Neu be elected Mayor Pro Tem by acclamation. Motion carried unanimously. Mayor Pro Tem Neu accepted the nomination. Meeting adjourned at 8:15 p.m. CITY SECRETARY MUNICIPAL BUILDING April 15, 1969 Special meeting of the City Council, April 35, 1969, at 1:30 p. m. in the Council Chambers of the Municipal Building, Denton, Texas. Present: Mayor Nelsom, Mayor Pro Tem Neu, Finlay, Ramey, and Ayer; City Manager, City Attorney and City Secretary. 1. The bids for General Obligation and Electric Revenue Bonds were opened, read and tabulated by Mr. Frank Medanich of the First Southwest Company.' Results were reported and certified to the Council as follows: a. City of Denton General Obligation Bonds, Series 1969, $1,285,000 Low bidder was First National Bank, Memphis, Tennessee, at an effective interest rate of 5.0622%. b. City of Denton Water and Sewer System Revenue Bonds, Series 1969, $1,060,000 Low bidder was First of Texas, Incorporated & Associates, of Houston, Texas, at an effective interest rate of 5.1677%. 2. The following Ordinances were presented: a. ORDINANCE NO. 69-15 ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS Motion was made 'by Neu', seconded by Finlay that the Ordi- nance be approved as recommended by First Southwest Company and the Bond Attorneys. On roll-call vo~e Neu voted "aye," Finlay voted "aye," Ramey voted "aye," Ayer voted "aye," and Nelson voted "aye." Motion carried. b. ORDINANCE NO. 69-16 ORDINANCE AUTHORIZI, NG THE ISSUANCE OF WATER AND SEWER SYSTEM REVENUE BONDS Motion was made by Finlay,'seconded by Ramey that the Ordinance be approved as recommended by First Southwest Company and the Bond Attorneys. On roll call vote Neu voted "aye," Finlay voted "aye," Ramey voted "aye,".Ayer voted "aye," and Nelson voted "aye." Motion carried. 3. The following Resolutions were presented: AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE [~UNICIPAL BUILDING OF SAID CITY ON THE 15TH DAY OF APRIL, A. D. 1969. MUNICIPAL BUILDING (Continued) April 15, 1969 a. RESOLUTION WHEREAS, the City of Denton, Texas, contemplates constructing certain sewage transmission and treatment facilities known as Project WPC-TEX-471 at a total cost of approximately $1,139,791.00; and WHEREAS; the City of Denton, Texas, is unable to pro- vide the to'tal cost of such improvements; and WHEREA~, it is deem'ed n'ec~ssary and proper to apply for federal grant under the Federal Water Pollution Control Act, Public Law 660, as amended, in order to have sufficient funds' to complete these much needed improvements; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT L. A. Nelson, Mayor of the City of Denton be and is hereby authorized and directed to execute and sign the necessary documents required to complete the project on behalf of the City of Denton, for a Federal Grant under Public Law 660, as amended; to be applied to the cost of the construction of said sewage facilities. The City of Denton hereby agrees that if a federal grant for the project is made pursuant to the Federal Water Pollution Control Act, the City will pay the remaining costs of the - approved project. PASSED AND APPROVED this 15th d~y of April, A. D., 1969. /s/ L. A. NELSON, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROO~(S HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Finlay, seconded by Ramey to adopt the Resolution. On roll call vote Neu voted "aye," Finlay voted "aye," Ramey voted "aye," Ayer voted "aye," and Nelson voted "aye." Motion carried. b. AT A, SP. ECIAL MEETiY~.G OF THE CITY COUNCIL OF THE CITY OF .~x,.DENTON;" ~TEXAS.~ ~.~H~LD'.I.N THE MUNICIPAL BUILDING O~ SAID CITY ON THE · '..15TH DAY OF AP.R,IIb, AiD. , 1969. R E S O L U T I O N ~'- WHEREAS, the City of Denton is in the process of con- structing sewage transmission and treatment facilities; and WHEREAS, the City of Denton has applied for a federal grant under the Federal Water Pollution Control Act, Public Law 660, as amended; and MUNICIPAL BUILDING (Continued) April 15, 1969 WHEREAS, the City of Denton has solicited and accepted bids for construction of said facilities, also known as project WPC-Tex-471 pursuant to applicable law; and WHEREAS, the following firms are the low bidders of all bids submitted for the below designated items of construction; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT subject to approval and concurrence by the Texas Water Quality Board and the Federal Water Pollu- tion Control Administration, the following contracts be and are hereby awarded by the City of Denton, Texas, to the following listed firms for the items of construction as designated herein: (1) Sludge Processing System - Zimpro Division of Sterling Drug, Inc.; (2) Mayhill Road Water Main - B-W Construction Company; (3) Sewage Treatment Plant Expansion - Elm Fork Construction Company; (4) Sewage Pumping Units - Smith Pump Company PASSED AND APPROVED this the 15th day of April, A. D., 1969. /si L. A. NELSON, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS /si JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Finlay, seconded by Ayer to adopt the Resolution as recommended by the Utility Board, Director of Utilities and the City Manager. On roll call vote Neu voted "aye," Finlay voted "aye," Ramey voted "aye," Ayer voted "aye," and Nelson voted "aye." Motion carried. 4. Bids: Water Well for Civil Defense--Motion was made by Neu, seconded by Finlay to accept the low bid of D. L. Myers, Denton, Texas, in the amount of $6,290 for the construction of' Paluxy Sa~Water Well, 730 foot depth, W/Pump, piping, etc., complete. Motion carried. Meeting adjourned at 3:00 p. m. CITY SECRETARY MUNICIPAL BUILDING April 22, 1969 Regular meeting of the City Council, City of Denton, Texas, Tuesday, April 22, 1969, at 7:00 p. m. in the Council Chamber of the Municipal Building. Present: Mayor Nelson, Mayor Pro Tem Neu, Ramey, Ayer and Finlay; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Finlay, seconded by Neu that the minutes of the meeting of April 7, 1969, be approved. Motion carried. Motion was made by Ayer, seconded by Finlay that the minutes of the special meeting of April 15, 1969, be approved. Motion carried. 2. Bids: a. Bid #69-3960, Street lighting fixtures and bulbs. Motion was made by Ramey, seconded by Neu that the bids be awarded as follows as recommended by the City Manager: Cummins Supply Co.; items 1, 9, 13 through 32, 34 through 48 Buffalo Electric Co.; items 2, 6, 7, 8, and 10. Electrical Associates Supply Co.; item 3 Nelson Electric Supply Co.; items 4 and 5. Watson Electric Supply Co.; item 33. Motion carried. b. Bid #4057-3, Special lights and brackets, street light extension. Motion was made by Neu, seconded by Finlay that the bid be awarded as follows as recommended by the City Manager: Cummins Supply Co.; item 1 .at $2,259.36 Nelson Electric Co.; item 2 at $1,080.00 Motion carried. c. Bid #69~4053, Oakwood cemetery fence. Motion was made by Finlay, seconded by Ramey that the bid be awarded to Denton Fence Co. at a low bid meeting specifications of $4,278.09. Motion carried. d. Bid #69-4107, Street sign blanks. Motion was made by Neu, seconded by Ramey that the bid be awarded to the low bidder, Sargent-Sowell, Inc., for a low bid meeting the specifications of $2,246.50. Motion carried. e. Bid #69-4074, P.V.C. pipe and fittings - I.O.O.F. Cemetery water system. Motion was made by Neu, seconded by Ramey that the bid be awarded as follows as recommended by the City Manager: Ven~ble Sprinkler Sales; items 3 through 10 for total of $563.26. Clow Corp.; items 1 and 2 for a total of $1,373.76. Motion carried. 3. Visitors: a. Byron Smith, President of the Chamber of Commerce, speaking in behalf of that organization, stated that the Chamber of Commerce was backing the City's thoroughfare plan one hundred percent. The City Manager gave a progress report of the thomou§hfare plan on the request of Mayor Nelson. MUNICIPAL BUILDING (Continued) April 22, 1969 b. Frank Thacker requested permission to operate an ice cream truck on City streets. Motion was made by Neu, seconded by Ramey that the request be granted on the condition that approval be obtained from the City Attorney and the City Health Officer. Motion carried. c. Tom Harpool, President of the Denton Independent Public School Board, stated that the school board had an interest in the thoroughfare plans, particularly the extension of Bell Avenue South and adequate access to Fred Moore School. d. Jim Brophy of Dallas Land Investors, Inc., requested a feasibility study relative to covering of the drainage canal along West Prairie Street at South Elm on an equal share basis or total cost payment by the City. The City Manager advised Mr. Brophy that the developer is required to bear the cost covering drainage improvements, and at the present the City has much other work scheduled. 4. Petitions: a. The Mayor opened a public hearing on the petition of U. J. Ramsey requesting zoning reclassification of City Lot 27, Block 413, from "SF-7" Single-family, to "MF-I" Multi-family zoning. After hearing one proponent but no opponents, the public hearing was closed. Motion was made by Neu, seconded by Ayer that the petition be approved as recommended by the Planning and Zoning Commission. Motion carried. b. The Mayor opened a public hearing on the petition of Jackson and Jackson Development Company requesting zoning reclassifi- cation of City Lots 4, 5, and 6, Block 274, and City Lot 2, Block 274/A, from "SF-7~ Single-family, to "MF-I" Multi-family zoning. After hearing one-proponent and four opponents, the public hearing was closed. Motion was made by Ramey, seconded by Finlay that the petition be approved as recommended by the Planning and Zoning Commission. Motion carried. c. The Commission considered the request of Fred Minor for a Quit Claim Deed on that portion of a 20 foot alley shown in Block 1, Bacon's Addition. After discussion, motion was made by Finlay, seconded by Neu that the Quit Claim Deed be approved as recommended by the Planning and Zoning Commission. Motion carried. d.' Motion was made by Finlay, seconded by Ayer that the petition of L. L. McAninch and Samuel H. Scott requesting zoning reclassification of Tract 7 and 7.1, Block 285, from "A" Agricultural to "0" Office zongin be referred to the Planning and Zoning~Commiss~on f~r recommendation. Motion carried. 5. The following Ordinances were presented: a. ORDINANCE NO. 69~17 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOT 27 OF CITY BLOCK 413 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTI- CULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DA~E. Motion was made by Finlay, seconded by Ayer to adopt the Ordinance. On roll call vote Neu voted "aye," Ramey voted "aye," Ayer voted "aye," Finlay voted "aye," and Nelson voted "aye." Motion carried. b. ORDi[NANCE NO. 69-18 AN ORDINANCE AMENDING THE ZONING MAP OFTHE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS 4, 5, and 6 OF CITY ~LOCK 274 AND CITY LOT 2 OF CITY BLOCK 274/A AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Finlay, seconded by Neu to adopt the Ordinance. On roll call vote Neu voted "aye," Ramey voted "aye," Ayer voted "aye," Finlay voted "aye," and Nelson voted "aye." Motion carried. 6. Leonard Ehrler, Director of Parks and Recreation, and Quinby Self, Chairman of the Parks and Recreation Board, presented the following recommendations on behalf of the Parks and Recreation Board: a. That the Council consider passing a leash law b. That an amendment be considered to the present weed Ordinance which would authorize issuance of a citation on unkept lots. c. That the rates for the use of the Community Building on Sundays be increased. Motion was made by Finlay, seconded by Ayer that the recommendations of the Parks ahd Recreation Board be approved relative to the increase of rentals on Sundays after prior Sunday rental commit- ments have been completed. Motion carried. - Motion was made by Ayer, seconded by Finlay that consideration of the leash 'law and an amendment to the weed Ordinance be tabled for further study. Motion carried. 7. After hearing a request by the City Attorney to present his legal opinion in writing regarding the legality of the expenditures of revenue funds for industrial development but stating that in his opinion the expenditure was legal, a motion was made by Finlay, seconded by Ramey that the Attorney make his opinion known public in writing. Motion carried. 8. Motion was made by Neu, seconded by Ramey that the Tax Adjustment Report of Hugh Mixon, Tax Assessor-Collector, for the months of February and March, 1969, be approved. Motion carried. Meeting adjourned at 9:00 p. m. City Secretary MUNICIPAL BUILDING May 13, 1969 Regular meeting of the City Council, City of Denton, Tuesday, May 13, 1969, at 7:00 p. m. in the Council Chamber of the Municipal Building PP~ESENT: Mayor Nelson, Mayor Pro Tem Neu, Finlay, Ayer and Ramey; City Manager, Assistant City Manager, City Attorney, City F~ngineer and City Secretary. 1. Motion was made by Finlay, seconded by Ayer that th~ minutes of the regular meeting of April 22, 1969, be approved. Motion carried. 2. Bids :' a.~ No. 69-4185: Trailer Spray Machine Motion was made by Neu, seconded by Finlay that the bid be awarded as recommended by the City Manager to Harpool Seed, ~,~ Inc., at a low bid of $884 with trade-in of rig #298. Motion L~ carried. ~ ~ b. No. 69-4182: Fogging Machine O Motion was made by Ayer, seconded by Ramey that the bid be awarded as recomuended by the City Manager to Harpool Seed, Inc. at a low bid' of $2,799. Motion carried. c. No. 69-4181: Street Sweepers (2) Motion was made by Neu, 'seconded by Finlay that the bid be awarded as recomnended by the City Manager to Martin Equipment Company at a net bid of $27,180 with a trade-in of rigs ~181 and #182. Motion carried. d. No. 69-4265: .4-wheel Tractors (2) and Mowers (3) Motion was made by Ramey, seconded by Ayer that the bid be awarded as recommended by the City Manager to Colonial Motors at a Iow bid of $2,403.24 with trade-in. MOtion carried. 3. Petitions: The Mayor opened a public hearing on the petition of Johnny Mozingo, requesting a Specific Use Permit to construct a new American Legion home on City Lot 8, Block 276-D. After hearing one proponent and no opponents, the public hearing was closed. Motion was made by Finlay, seconded by Neu that the Specific Use Permit be approved with a fifty~foot minimum setback on the front of the lot. Motion carried. ~ Hal Jackson/ a~'~ocal attorney, requested that pool table~'~'~nade legal in private clubs ~here alcoholic beverages are sold. Motion was made by Ramey, seconded by Finlay that the request be referred to the City Attorney for his opinion and recom- mendation. Motion carried. 5. Forrest & Cotton, consulting engineers, represented by Jim Reynolds, registered engineer, presented completed plans and specifications for'North Carroll Street thoroughfare. After studying the plan~ anti.considerable discussion, motion ~as made by Neu, seconded by Finlay that the plans and specifications be approved as recommended by the City Manager and City staff and to authorize the Mayor to sign these plans and specifications, and that Forrest & Cotton 5e authorized to advertise for bids. Motion carried. MUNICIPAL BUILDING (Continued) May 13, 1969~ 6. The following Resolution was presented: AT A REGULAR M~ETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIt!AL BUILDING OF SAID CITY ON THE 22ND DAY OF APRIL, A. D., 1969. RESOLUTION WHEREAS, the Mayor and Council of the City of Denton, on behalf of all its citizens, desires to express its sincere gratitude to the Denton Business and Professional Women's Club for its worthy and successful efforts in raising funds for fencing Oakwood Cemetery Project; THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: that the successful Oakwood Cemetery Project of the Business and Professional Women's Club of Denton, be recognized publicly, to express in permanent manner our preciation for the donation of Sixteen Hundred Dollars 1,600.00) for much needed fencing of said 0akwood Cemetery, and to show that we fully realize the long hours, and many efforts, spent by the members of said Club to complete this worthy project; and the Mayor and City Council direct that a copy of this Resolution be delivered to said Bu§iness and Professional Women's Club as a small token of our sincere appreciation. PASSED AND APPROVED THIS 22nd day of April, A.D. ,1969. L. A. NELSON, MAYOR City of Denton, Texas ATTEST: BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Finlay, seconded by Neu that the Resolution be adopted. On roll call vote Neu voted "aye," Finlay voted "aye," ~yer voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried~. 7. Mayor Nelson read a Proclamation proclaiming National Realtors Week, May 18-24 and presented same to Don Hall, representa- tive of Denton Realtors. 8. Don Hall, representing Denton Realtors, presented a Resolution of Appreciation from the local realtors to Chief Autrey in appreciation of competent law enforcement in Denton. 9. Motion was made by Neu, seconded by Finlay that the Tax Adjustment Report for the month of April, 1969, by Tax Assessor- Collector, Hugh Mixon, be approved with the following adjustments: Personal Auto $ 798.20 MUNICIPAL BUILDING (Continued) May 15, 1969 Personal Business 18.00 Real Estate 810.45 TOTAL $1,626.65 ~-- Motion carried. 10. The following Ordinance was presented: ORDINANCE NO. 69-19 AN ORDINANCE PROVIDING FOR THE MAINTFaNANCE OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THB CITY OF DENTON, COUNTY OF DENTON, STATE OF TEXAS, HERBBYREFERRBD TO ASMUNICIPALMAINTENANCE PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OR OTHER AUTHORIZED CITY OFFICIAL, TO EXECUTE AND AFFIX THE CORPORATE SEAL AND ATTEST SAME. A CBRTAIN AGRBtB/IBNT BBTWBF~ THE CITY AND THE STATE OF TEXAS, PROVIDING FOR THE MAINTENANCE AMD USE OF THE SAID MRINTBNANCE PROJECT: AND DECLARING AN EMBRGENCYAND PROVIDING THAT THIS ORDINANCE SHOULD BE EFFECTIVE FROM AND AFTER ITS PASSAGE. Motion was.made by Ayer, seconded by Ramey that the Ordinance of Texas Highway Department be approved and the Mayor be authorized to sign an attached Agreement. On roll call vote Neu voted "aye," Finlayvoted "aye," Rameyvoted "aye," Ayer voted "aye," and Nelson voted "aye." Motion carried. 11. Report was made by Douglas Blackburn, Director of Utilities, relative to a request of Roger L. Roper for a tap on the raw water line between Garza-Little Elm Reservoir and the corporate limits of Denton. Motion was made by Ayer, seconded by Ramey to deny the request of Mr. Roper, as recommended by Mr. Blackburn and the Public Utilities Board. Motion carried. 12. After the City Engineer presented plans for a new street north of Henry Street, motion was made by Neu, seconded by Ayer to authorize the City Attorney to prepare an Ordinance to close Henry Street. Motion carried. 13. Motion was made by Finlay, seconded by Ramey 'that'the bill of Norsworthy-Mercer, Inc., for $2,688.83 for advertising services for the months of February, March and April, 1969, be authorized. Motion carried. 14. The following Ordinance was presented: ORDINANCE NO. 69-20 AN ORDINANCE RBCEIVINGANDACCEPTINGTHEhDRKOF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF'DENTON, TEXAS. Motion was made by Ramey, seconded by Finlay that the Ordinaqce be adopted. On roll call vote Neu voted "aye," Finlay voted "aye," Rameyvoted "aye,"Ayer voted "aye," and Nelson voted "aye." Motion carried. 15. Motion was made by Finlay, seconded by Neu that Dr. Paul W. Schedler be reappointed City Health Officer for a two-year term ending April 23, 1971. Motion carried. 16. The following Resolution was presented: AT A RBGULARMEBTING OF THBCITYCOUNCIL OF THE CITYOF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ONTHB 15THDAY OF MAY, A.D. 1969. MUNICIRAL BUILDING (Continued) May 13, 1969 RESOLUTION WHEREAS, on May 3rd, 1969, the Department of Housing and Urban Development (HUD) approved NCTCOG's application for an Urban Planning Grant under Section ?01 (g) of the Housing Act of 1954, as amended, for the Cooperative Program of Planning for Airport Impact. The Federal urban planning assistance budgeted for this program is in the amount of $40,476.00, to be matched by $20,239.00 local contributions from the participating cities in the form of cash or in-kind services; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That the said City is authorized to contribute to the matching Cooperative Program the estimated cost of the local share for the City of Denton of $3,965.00, which will be matched by $7,930.00 of Federal funds for a total project allocation of $11,895.00, and the City Manager is authorized to commit the City of Denton, Texas, for such expenditure, and to sign and execute all instruments necessary or required therefore. PASSED AND APPROVED this 13th day of May, A. D., 1969. LA NELSON, MAYOR CITY OF DENTON, TEXAS ATTEST: BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO L~GAL FORM: JACK Q. BARTON, CITY ATTORNEY CITY OFDENTON, Texas Motion was made by Finlay, seconded byAyer that the Resolution be adopted. On. roll call vote Neu voted "aye," Finlay voted "aye," Ramey voted "aye," Ayer voted "aye," and Nelson voted ~aye." Motion carried. 17. Motion was made by Finlay, seconded by Ramey that Memorial Day become a permanent City employee holiday as recommended by the City Manager. Motion carried. Meeting adjourned at 8:20 p. m. ~~ ~~ ~YOR CITY SECRETARY MUNICIPAL BUILDING May 27, 1969 Regular meeting of the City Council, City of Denton, Texas, Tuesday, May 27, 1969, at 7 p. m. in the Council Chambers of the Municipal Building. Present: Mayor Pro Tem Neu, Finlay, Ayer, & Ramey; City Manager, Assistant City Manager, City Attorney and City Secretary. Absent: Mayor Nelson 1. -"..Motion' was made by Finlay, seconded by Ayer that the minutes of the meeting of May 13, 1969, be approved. Motion carried. 2, B~ds: a. No. 69-4184: 1,000 gallon Pump Truck. Motion was made by Finlay, seconded by Ramey that the bid be awarded to American LaFrance at a low bid of $33,600 including a trade-in as recommended by the City Manager. Motion carried. b. Rodding Machine (Surplus). Motion was made by Ayer, seconded by Ramey to authorize the City Purchasing Agent to negotiate a sale of this machine for not less than $1,200. Motion carried. 3. Visitors: Mrs. Lenny McAdams questioned the progress.made in paving of streets in Southeast Denton. The City Manager explained the difficul- ties of obtaining rights-of-way and the problems of utilities renewal. Mrs. McAdams was informed that advertisement for bids will be published June 4 or 5. 4. Petitions: a. A public hearing was held on the petition of L. L. McAninch and Samuel H. Scott, et al, requesting that City Lots 7 and 7.1, Block 285, be changed from "A" Agricultural to "0" Office zoning. After hearing proponents but no opponents, Mayor Pro Tem Neu closed the public hearing. ,Motion'was made by Ayer, seconded by Ramey to approve the petition as recommended by the Planning and Zoning Commission. Motion carried. b. Motion was made by Ramey, seconded by Ayer that the following petitions be referred to the Planning and Zoning Commission for recommenda- tions: 1. Petition of H. W. Down Development Company requesting reclassification of City Lot 13, Block 136-16/K, from the Agricultural.classification to the General Retail classification. -~' 2~etition of'Jack M. Bowden requesting zoning reclassification of ~rts of City Lots 1, 2, 4, 6 and 7, Block 438, from'Single-Family-7 to the Parking-classification. 3. Petition of Mrs. Charles Saunders ~eque~ti"ng-r~classi- fication of City Lots 1, 2, 10, 11 and 12, Block 327, from "MF-I" Multi-family, to the "GR," General Retail classification. 4. Petition of Antone P. Raposa requesting zoning reclassification of City Lot 4, Block 176-V, from the Agricultural zoning clasMfication to the'Planned Development classification. Motion carried. MUNICIPAL BUILDING (Continuation) May 27, 1969 5. Mayor Pro Tem Neu presented a Proclamation to Harwell Shepard, Chairman of'the Airport Advisory Board, designating the month of June as "Discover Flying" Month. 6. The following Ordinances were presented: a, ORDINANCE NO. 69-21 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY REPEALING CHAPTER 5, ARTICLE IV, CONSISTING OF SECTIONS 5-44 THROUGH 5-56 INCLUSIVE AND ENACTING IN LIEU THEREOF A NEW ARTICLE IV CONSISTING OF SECTION 5-44 THROUGH 5-142 KNOWN AS THE MINIMUM HOUSING AND BUILDING STANDARDS CODE; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE DESIGNATION OF RESPONSIBILITY FOR'THE ENFORCEMENT OF THESE PROVISIONS; PROVIDING FOR THE PROCEDURE BEFORE THE BOARD OF ADJUSTMENT AND MEMBERS THEREOF; PROVIDING FOR AUTHORITY TO DEMOLISH SUBSTANDARD STRUCTURES; PROVIDING FOR NOTICE OF HEARING THEREOF; PROVIDING FOR LAND AREA REQUIRE- MENTS AND STANDARDS FOR STRUCTURES; PROVIDING A PENALTY AND PROVIDING A SAVINGS CLAUSE. Motion was made by Ayer, seconded by Ramey that the Ordinance be adopted. On roll call vote Finlay voted "aye," Ramey voted "aye," Ayer voted "~ye," and Neu voted "aye." Motion carried. b. Motion was made by Ayer, seconded by Finlay that the proposed Sign, Fence andCorrective Ordinance amending reference in Fire District 2 ordinances be deferred for futher study until next regular meeting. Motion carried. - c. ORDINANCE NO. 69-22 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON BY ADDING AN ADDITIONAL EXEMPTION FROM THE'ARTICLE PROHIBITING ALCOHOLIC BEVERAGES IN CERTAIN PRIVATE CLUBS OPERATING BILLIARD OR POOL TABLES; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Ayer that the Or~linance be adopted. On roll call vote F~i. nlay voted "aye," Ramey voted "aye," Ayer voted "aye," and Neu voted "aye." Motion carried. 7. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE t'3TH DAY OF MAY, A.D., 1969. RESOLUTION WHEREAS,. the Legislature of the State of Texas has duly enacted Senate Bill 233,'said Bill having been enacted by the SeNate of the State of Texas on March 24, 1969, and by the House of R~presentatives of the State of Texas on April 2, 1969, at the regular session of the Legislature of the State of Texas, and thereafter signed by the Governor of the State of Texas, providing that any County or Municipality by resolution or order of its goverMng body to make provision for, or authorize its Mayor or Chief Administrative Officer, Chief of Police or Marshall to make provision for, its regularly employed law enforcement officers to assist any other County or Municipality, when in the opinion of the Mayor, or other officer authorized to declare a state of emergency, in such other County or Municipality, there exists in such other County or Municipality a need for services of additional law enforcement officers to protect the health, life MUNICIPAL BUILDING (Continuation) May 27, 1969 ~and property of such.~her County or Municipality, its inhabitants and visitors thereto, by reason of riot, unlawful assembly characterized by the use of force and violence, or threat thereof by three (3) or more persons acting together or without lawful authority, or during such time of natural disaster or man-made calamity; and WHEREAS, the City Council of the City of Denton acting as a Legislative Body, is of the opinion that a resolution should be adopted by such governing body to make provision for or authorize the City Manager of the City of Denton to direct the Chief of Police to detail regularly employed~.officers of the Police Department of the City of Denton to assist any other County or Municipality when in the opinion of the Mayor or other-officer authorized to declare a state of civil emergency in such other County or Municipality, there exists in such other County or Municipality the need for the services of additional law enforcement officers to protect the health, life and property of such other County or Municipality, its inhabitants and the visitors thereto by reason of riot, unlawful assembly, and characterized by the use of force or violence or threat thereof within the meaning of Senate Bill 233, which is now in full force and effect, and a request for additional law enforcement officers is made to the City Manager of the City of Denton by such Mayor or officer authorized to declare a state of emergency in such other County or Municipality; NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City Manager be and he is hereby authorized to direct the Chief of Police of the City of Denton to detail regularly employed law enforcement officers of the Denton Police Department to assist any other County or Municipality, when in the opinion of the Mayor, or other officer authorized to declare a state of Civil emergency in such other County or Municipality, there exists in such other County or Municipality a need for the services of additional law enforcement officers to protect the health, life and property of such other County or Municipality, its inhabitants and the visitors thereto, by reason of riot, unlawful assembly characterized by the use of force and violence or threat thereof by three (3) or more persons acting together or without lawful authority, or during time of natural disaster or man-made calami~, and a request for additional law enforcement officers is made to the City Manager of the City of Denton by such Mayor or officer authorized to declare a state of emergency in such other County or Municipality. SECTION II. That this Resolution shall take effect immediately from and after its passage as in the Charter in such cases is made and provided. PASSED AND APPROVED this 27th day of May, 1969. ~/ABil] Neu - Mayor Pro Tem . Nelson, Mayor City of Denton, Texas ATTEST: /s/ Brooks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM~ /s/ Jack Q. Barton, City Attorney City Of Denton, Texas MUNICIPAL BUILDING (Continuation) May 27, 1969 Motion was made by Finlay, seconded by Ramey that the Resolution be adopted. On roll call vote'Finlay voted "aye," Ramey voted "aye," Ayer voted "aye," and Neu 'voted "aye." 8. Motion was made by Ramey, seconded by Finlay to authorize the Mayor to enter into a ¢ontract'forwat~r and sewer on Jacqueline Street, with the City of Denton paying approximately $7,500 for its share of the installation. Motion carried. 9. The Council discussed the proposed Ordinance relative to making service roads along Interstate 35 one way. Motion by Finlay, seconded by Ayer that this matter be referred to the Planning & Zoning Commission for its recommendation. Motion carried. Meeting adjourned at 8:45 p. m. ~JNICIPAL BUILDING June 11,1969 Regular meeting of the City Council, City of Denton, Texas, Wednesday, June 11, 1969, at 7 p. m. in the Municipal Building. PRESENT: Mayor Pro TeanNeu~ Finlay, Ramey & Ayer; City Manager, City Attorney, Assistant City Attorney and City Secretary. ABSENT: Mayor Nelson 1. Motion was made by Ayer, seconded by Finlay that the minutes of the regular meeting of May 27, 1969, be approved. Motion carried. 2. Bids: a. No. 69-4323: Transformer and capacitors Motion was made by Ramey, seconded by Finlay that the bid be awarded as follows: Itemm I through 11-3 awarded to Omnmins Supply Co~mpany, less 7% discount. Item III-1 awarded to RT & E Transformer,Inc. at $355. Items 111-2 through IV-6 awarded to Cl~mins Supply Co., the low,bidder meeting the specifications, terms & conditions, at a price subject to a 5% discount. Item V awarded to Butler & Land, the low bidder meeting the specifications. Motion carried. b. No. 69-4571: 1/2 to~'Pickup.~-Cab-& Chasis Motion was made by Finlay, seconded by Ayer that the bid be awarded to Bill Utter :a{ iow bid of $1,2@1 wit~,.tr~de~in,& cab ~ chasis a~marded to Bill Utter at $$,51t. low hid-. Motion carried. c. No. 69-4373: Bucket Truck Body Motion was made by Finlay, seconded byAyer that the hid be awarded to Commercial Body Corporation with a low bid of $16,211.50 less trade-in of Rig #312 at $7,275, making a net cost of $8,936.50. Motion carried. MUNICIPAL BUILDING (Continuation) June 11, 1969 3. Visitors: a. Mayor Pro Tem Neu recognized a Journalism Class from North Texas State University. b. Mrs. Wiseman, speaking in behalf of Mrs. J. W. Smith of Denton, stated that running water was not available in the I.O.O.F. Cemetery. The City Manager explained that installation of a water system will soon be underway. 4. Ordinances: a. ORDINANCE NO. 69-23 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF TH~ CITY OF DF3~TON, DEFINING SIGNS AND BILLBOARDS: PP~ESCRIBING RULES AND REGULATIONS FOR ERECTION AND INSTALLATION OF SIGNS AND BILLBOARDS: AND PROVIDING FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE. Motion was made by Ayer, seconded by Ramey that the Ordinance be adopted. On roll call vote Finlay voted "aye," Ramey voted "aye," Ayer voted "aye," and Neu voted "aye." Motion carried. b. ORDINANCE NO. 69-24 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DF~NTON, AND TH~ APPENDIX B THEREOF, BY ADDING A N~W ZONING CLASSIFICATION TO TH~ FIR~ LIMITS T~IN DESCRIAED, AND BY ADDING FF~NCES TO THE FRONT YARD P~EQUIP~S OF ARTICLE 13 E OF ORDINANCE NO. 69-01; PROVIDING RESPECTIVE PFD~ALTIES FOR VIOLATION;. AND DECLARING AN EFFECTIV~ DATE. Motion was made by Finlay, seconded by Ayer that the Ordinance be adopted. On roll call vote Finlay voted "aye," Ramey voted "aye," Ayer voted "aye," and Neu voted "aye." Motion carried. c. ORDINANCE NO. 69-25 AN ORDINANCE PROHIBITING DISORDERLY CONDUCT; PROVIDING PF~NALTIES FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Finlay tl~at the Ordinance be adopted. On roll call vote Finlay voted "aye," Ramey voted "aye," Ayer voted "aye," and Neu voted "aye." Motion carried. d. ORDINANC~ NO. 69-26 AN ORDINANCE AM~ING THE ZONING MAP OF TH~ CITY OF DFJrrON,. TF~XAS, 1969, AS SAM~ WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS 7 AND 7.1 OF BLOCK 285 Ag SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND FDRE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Finlay that the Ordinance be adopted. On roll call vote Finlay voted "aye," Ramey voted "aye," Ayer voted "aye," and Neu voted "aye." Motion carried. 5. Motion was m~de by Finlay, seconded by Ramey that the Tax Adjustment Report submitted by Tax Assessor-Collector Hugh Mixon for the month of May, 19~9, in the amount of $341.70, be approved. Motion carried. 6. The request of Carlos Anthony of the Electric Production Department to extend his retirement for one year was discussed. Motion was made by Finlay, seconded by Ayer that the extension be approved as recoF~nended by the City Manager and Director of Public Utilities. Motion carried. ~~ Meeting adjourned at 7:45 p. m. CITY SECRETARY MUNICIPAL BUILDING June 12,1969 Special joint meeting of the City Council 'and Public Utilities Board of the City of Denton, Texas, Thursday, June 12, 1969, at S p. m. in the Municipal Building. PRESENT: Mayor Pro Tern Neu, Finlay, Ramey & Ayer; Utility Board Members _ , Harpool, Dr. Silvey & Dr. Miller; City Manager, Assistant City Manager, City Attorney, Assistant City Attorney, Director of Public Utilities, Electrical Superintendent and City Secretary. ABSt~Vf: Mayor Nelson 1. The City Manager explained the purpose of the meeting relative to water rights in the proposed Aubrey Reservoir and a Resolution submitted by the Public Utilities Board relative to authorization to sign a joint contract with the Texas Municipal Power Pool. ~] 2. There follows a Resolution presented to the Council by the L© Public Utilities Board: RESOLUTION TO THE CITY COUNCIL BE IT RESOLVED BY THE PUBLIC UTILITIES BOARD OF THE CITY OF DENTON, TEXAS: THAT the City of Denton enter into an Interconnection Agreement with the City of Garland, the City of Bryan, the City of Greenville and .- the Brazos Electric Power Cooperative, Inc., for the purpose of forming a power pool, the terms of said contract being more specifically set forth in the contract entitled "TEXAS b~UNICIPAL POWER POOL"; and BE IT RESOLVED FURTHER BY THE PUBLIC UTILITIES BOARD: Doug Blackburn, Director of Utilities, and Jim Little, Electri- cal Superintendent, be appointed by the City Council as members of the Pool Committee of said TEXAS MUNICIPAL POWER POOL to represent the City of Denton. PASSED AND APPROVID this 12th day of June, A.D., 1969. /s/ Tom Harpool, Jr. Chairman, Public Utilities Board ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si JACK Q. BARTON, CITY ATTORNEY CITY OF D~NTON, TEXAS 5. The following Resolution was presented: RESDLUTION WHB~AS, it is deemed advisable in operation of utility systems to enter into pooling arrangements with other utility systems in order to gain future economic benefits which can accrue from such pooling or sharing of resources resulting in reduced investment costs, requiring less stand~by equipment; and 21S MUNICIPAL BUILDING (Continuation) WHEREAS, it has been deemed expedient by the Director of Public Utilities and the Public Utilities Board that the City of Denton enter into the pooling agreement described below without delay; THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: that the Mayor of the City of Denton be and he is hereby authorized to sign. a joint contract with the Texas Municipal Power Ppol, a copy of which contract is attached hereto and for all purposes made a part hereof, for the mutual exchange of electricity between said members, and that such signing will be an official act of the City; and that Doug Blackburn, the Director of Utilities, and Jim Little, Electrical Superintendent, be designated as the City of Denton's official representatives to said Power Pool and that said individuals be further desig- nated as the City of Denton's members of the Pool Comittee as defined in said contract. PASSED AND APPROVED this 12th day of June, A. D.., 1969. /si BILL NEU, MAYOR PRO TSq CITY OF DF2qTON, TEXAS ATTEST: /si BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DBNTON, TEXAS LETFER AGRE~ We, the undersigned, acting by and for our respective Corpora- tions hereby unanimously agree that the intent of Paragraphs 2 and 3 of Section VII ef the InterconnectionAgreament entered into between us on September 23, 1963, is as follows: From the date of signing of the InterconnectionAgreement, all parties are bound thereby for a minimum period of five years. At any time after one year from the date of the Agreement any party or parties thereto may withdraw from the Agreement by written notice to all other parties. The effective date of the withdrawal shall not be less than four years from the date of the notice of withdrawal. THE CITY OF BRYAN /s/ 9-26-63 City Manager Date THE CITY OF GREENVILLB /s/ 9-27-63 Mayor Date THE CITY OF GARLAND /s/ Mayor Date BRAZOS ELECTRIC POWER COOPERATIVE /s/ 10-4-63 Manager Date MUNICIPAL BUILDING (Continuation) INTERCHANGE AGREt~ The City of Bryan, The City of Greenville, The City of Garland and the Brazes Electric Power Cooperative Incorporated (herein- after referred to as BEPC), a non-profit co~poration duly incorporated under the laws of the State of Texas, acting by and through its chief executive officer, hereby contract and agree to establish an electric power pool to be known as , (hereinafter referred to as the Pool), for the exchange of electrical energy between the various participants herein named, WHEREAS, all parties to the Pool own and operate and plan to continue to own and operate electric generating systems which will not at all times be required for service to their respective customers; and WHEREAS, BEPC owns and operates and plans to continue to own and operate an electric transmission system no~ interconnected under existing interchange agreements with the electric systems of Texas Cities of Bart- lett, Bryan, Caldwell, Denton, Garland, Granhury, Greenville, Hearne, Mansfield, Sanger, Seymour, and Weatherford which will not at all times be required for service to its rural electric consumers; and WHEREAS, all parties to the Pool can effect investment and operating economies by pooling the use of reserve electric capacity in their respective systems NOW THEREFORE, in consideration of the mutual undertakings here- in contained the parties agree as follows: SECTION I POOL COF~ITTEE 1. The Pool Committee shall administer the operation of the Pool. It shall serve as the study group for future planning and shall approve or disapprove of all data submitted by the Pool members. 2. The Pool Committee shall be comprised of two members designated by the governingbody of each participant in the Pool. Each participant's representatives to the Pool Committee may be changed at any time by written notice to all other Pool participants. Each partici- pant may bring personnel in an advisory or consulting capacity to any Committee meeting, but only Pool Comnittee members may participate in C~ittee action. 3. The Pool Committee shall meet at a time and at a place to be agreed to by all Pool participants. Meetings shall be held on the second Thursday in the months of January, April, July, and October, and at such other times as-the Pool Committee may select. Special meetings shall be held at the call of the Chairman or by the Secretary upon the written request of any two participants. The Pool Committee shall elect from its member- ship a Chairmen at its first meeting and at its January meeting in all subsequent years. The Chairman shall not be elected twice from the representatives of any one Pool participant until a representative from all other Pool participants has served as Chairman. The Dispatcher of the Pool shall serve as permanent S~cretary of the Pool Committee. The Pool - Comnittee shall have such other' officers as the Committee shall determine are desirable. 4. All decisions of the Pool Committee shall be decided by a majority vote of the Pool participants. Each participant's representatives shall vote as aunit. A quorum for 'a meeting shall consist of a representa- tive of three of the participants involved in the Pool. 5. The Pool Committee Secretary shall transmit, by mail, within forty-eight (48) hours after the meeting, the minutes of the meeting to the designated official of each City constituting a member of the Pool and to the General Manager of the Brazes Electric Power Cooperative. MUNICIPAL BUILDING (Continuation) Unless written notice is re-eived by the Pool Secretary within thirty (30) days from the date of the meeting from one of the members that such member has an objection to the action taken, the action shall be binding on all concerned. In the event that objection in writing is made, then the Pool Committee shall meet and take what action it deems expedient in accordance with the terms of this Contract. SECTION II GENERATING EQUIPMENT 1. Each system1 will finance, install, pay for, and operate the generating equipment in its own system. 2. Each system is responsible for the maintenance of its generating facilities such that the normal maximum rating of its generating equipment exceeds its an/mal peak load by 15%. 3. The predicted peak load of each system for any year multi- plied by 1.15 shall be known as that system's Capacity Obligation for that year. 4. Generation, transmission, and substation ~quipment shall be installed as r~quired to keep the Pool firm. A firm Pool is defined here- in as one that can sustain the loss of its largest generating unit, or any transmission linei and still have available generating equipment whose normal maximum rating exceeds its predicted peak load and losses as determined by studies acceptable to the Pool Con~nittee. 5. Within thirty days after execution of this Contract by all participants., each systam shall report to the Pool Committee an itamiz~d list of the units of generating equipment that it chooses to dedicate to the Pool and, if it so ~ooses, specify the duration of time for which this capacity is. dedicated. Fxtuipment and/or Contracts for firm power so dedicated may not be withdrawn during the specified time except as provided hereinafter. 6. All generating equipment shall be rated in terms of net megawatt output. (a) Normal maximum rating shall be the maximum continuous net output of the unit. CO) ~mergency rating shall be the maximum net output that can be sl~plied for a four-hour period following normal maximum output. 7. Each syst~n shall rate its generating equipment as to its normal maximum output and its emergency output, and report same ~to the Pool Conmlittee. (a) Within ~le first three months after execution of this agreement by all parties, each system shall report to the Pool Co~nittee the normal maximum and emergency rating of all of its existing generating equipment. This data shall be substantiated by test data<~atisfactory to the Pool Cormnittee. Co) Within three months after installation of new generating equipment, the system or systems installing same shall report to the Pool Cormnittee the aforementioned ratings of the equipment. This data shall be substantiated in the same mar~aer as specified above for existing ~quipment. 8. Th~ Pool participants responsible for unit installation shall be the participants whose predicted loads exceed their Capacity Obligations. 9. In the event ~ach Pool participant has generating equipment such that its normal maximum rating exceeds its Capacity Obligation, but the MUNICIPAL BUILDING (Continuation) Pool will not be firm, the system with the lowest percent, excess generation shall be responsible for a unit installation. 10. Unit sizes shall be determined by each system by its inde- pendent study of its generation needs taking into consideration its responsibilities-as set out hereinto before. 11. On or before January 1st of each year, each system shall submit to the Pool Co~nittee the peak load predictions for its system for the next five-year period. Predictions shall be substantiated by past peak loads experienced and other supporting data, and shall not be less than a straight line projection on semi-log paper of the average of the plot of past peaks unless approved by a majority vote of the Pool Committee. Fol- lowing approval or modification by the Pool Committee of these predictions, the dispatcher skall provide the Pool Committee with a five-year peak load prediction. On this basis, and in accordance with the methods herein stated, the system or systems responsible for generating unit installations for the next four-year period shall be determined. ~q 12 By June 1st, three years in advance of the installation year, LC ' ~t~ the system or systems responsible for unit additions shall submit to the Pool ;~ Committee their determination of unit size. By June 1st, two years in advance r_) of the scheduled installation date, the system or systems due to install units ~ shall prove to the Pool Committee that bonds are approved, loans approved, or that other satisfactory financing arrangements are made. By June 1st of the year immediately preceding the unit installation date, the system or systems involved shall prove to the Pool Cormnitte~ that the major items of equipment are on order and show that there is a construction schedule that will assure the unit's availability for service prior to June 1st of the year it is scheduled for installation. 13. Spinning reserve requirements shall be scheduled day by day through out the year as required to keep the system firm at all times, and to divide the spinning reserve obligation among the participants in an equi- table manner. It shall be divided among the Pool participants in a manner to provide economic utilization of equipment and to divide the machine rating hours among the systems in proportion to the largest unit in each system. The dispatcher shall make monthly reports to the participants indicating the machine-rating hours of spinning reserve carried by each system during the precedingmonth. 14. During system disturbances due to unit failures within the system or transmission line switching, each system agrees to maintain its generating equipment in service until authorized by the dispatcher to remove units from service or to separate its system from the Pool. It is the intent of this provision to have each system maintain its units in service until the syst~n is relayed off. Questions as to relaying facilities, relay settings, and rela~ed matters shall be investigated by the Pool Committee. When indicated be necessary, the Committee shall have the required studies made to determine the proper relay settings and other improvements to correct deficiencies in the system operation. 15. In the event that the system suffers the failure of a unit, substation, transmission line, or any other equipment that causes the system or any part thereof to he unfirm, each Pool participant agrees to, upon the call of the dispatcher, immediately start additional units and to furnish to the limits of its emergency ratings such power and energy as may be required, Payments for such power and energy shall be computed in accordance with the rate schedule of Paragraph 2 of Section V. 16. Any system may retire from the Pool any dedicated units, dedi- cated transmission lines~' or dedicated contractual agreements that are necessary to Pool operation bywritten'notice to the Pool Committee given at least forty-two (42) months prior to the date of retirement. Lesser notice thaa. that provided may be approved by a majority vote of the Pool Committee. 17. All Pool participants shall submit annually, on a date selected by the Pool Committee, its maintenance schedule for generating units for the MUNICIPA% BUILDING (Continuation) next annual period. The Pool Committee shall coordinate these plans in a manner to maintain adequate firm capacity. SECTION III TRANSMISSION LINES, SUBSTATIONS, AND OTHER TERMINAL EQUItBIENT 1. Each Pool participant shall own all substation, metering communication, capacitor, protective, and other equipment at its terminal of the line connecting its system to the BEPC system, and all interchange shall be at the 69 KV transmission line terminal. 2. In order to ~;sure that its generating equipment capacity will be available to supply power to others during emergencies, each system will maintain power factor corrective equipment such that its peak load power factor is 0.95 lagging or better. 3. Each system shall maintain substation equipment at its terminals in sufficient capacity to provide to the Pool during emergencies that part of its excess generation required to make the Pool firm. Substation capacity shall be determined annually from system studies as provided for in Paragraph 4, Section VI. 4. The BEPC system shall construct, own and operate all trans- mission lines to the 69 KV 'terminals of the other Pool participants' system. Any transmission lines constructed solely for the purpose of providing facilities for the transmission of reserve power shall be classified as Reserve transmission. These lines shall be constructed only upon approval of the majority of the Pool Committee. These lines or any parts thereof shall be designated as Reserve lines only so long as they or those parts thereof are not required by the BEPC system to maintain adequate service to its system if the Pool were not a reality. During the period such lines are classified as Reserve lines each Pool participant shall pay annually to BEPC as a rental charge, a portion of the a~nual fixed costs of these lines as provided in Paragraph 4 of Section V. SECTION IV SALES ANDPURCHASES. 1. Each Pool participant may purchase Supplemental, t~aergency, or Maintenance Energy from any source outside the Pool it chooses subject to the provisions of Paragraph 2 of Section VI. If such purchases utilize trans- mission or other facilities of o~her Pool members, arrangements satisfactory to the Pool member owning such facilities must be made. No such facilities may be used in a manner that jeopardizes the firmness of the Pool. Rach Pool participant may use its undedicated generating or contracted capacity to furnish itself Supplemental, Emergency, or Maintenance Energy. 2. Each Pool participant agrees to sell to the Pool as Sktpplemental ~nergy any excess its normal maximum capacity exceeds its peak load providing the purchaser is utilizing all of its available dedicated capacity to its normal maximt~n capacity. S. If a Pool participant purchases Supplemental Energy from the Pool, the rates for such energy shall be those provided in Paragraph 1 of Section V. Such purchases shall be made from the Pool participants with excess capacity in proportion to the excess their normal maximum capacity exceeds their predicted peak loads. Predicted peak load shall be that predicted in the latest estimate as prowded to the dispatcher in accordance with Paragraph 11 6f Section II. The dispatcher shall schedule these purchases in a manner to provide the energy from the system or systems best able to supply the energy. Demand charges shall be pa,id to the systems in accordance with the provisions above. Energy charges shall be paid to the system or systems supplying the energy. The dispatcher shall schedule these purchases prior to the peak load season in a manner meeting the approval of the Pool Committee. 4. For the first four hours of an emergency condition, the dispatcher may arrange for the delivery of the energy from any of the participants with bIINICIPAL BUILDING (Continuation) capacity available to supply it. Purchases of emergency energy after a four- hour period shall be made from the other participants with excess capacity in the proportion their normal maximum capacity exceeds their predicted peak loads. S. Bach Pool participant agrees to sell to the Pool any excess its normal maximum capacity exceeds its load for the purpose of supplying other Pool participants with maintenance power during periods of scheduled unit maintenance. The rates for such sales shall be those provided in Paragraph 3 of Section V. SBCTION V RATES 1. Ail supplemental energy and power transfers between systems under the provisions of Section IV shall be made by sales to and purchases from the BEPC system. The rates for these power and energy sales shall be as follows: (a) Sales to BHPC for use of other members of the Pool. $1.80/month/KWof peak demand, plus S.0 mills per kilowatthour of energy. Co) Sales to BEPC for use of BEPC. $2.00/month/KWof peak demand, plus 5.5 mills per kilowatthour of energy. (c) Purchases from B~PC. $2.00/month/I(W of peak demand, plus S.S mills per kilowatthour of energy. All demand for billing purposes shall be based on the thirty-minute integrated demand. Payments under this rate schedule shall be made monthly. For each 1~ or major fraction thereof the average cost of fuel of all participants for the past 6 months exceeds 25~/1,000,000 BTU, the energy rate above shall be increased by .13 mills/kq~H. 2. There shall be no demand charge for power supplied during emergencies. The energy rate for energy supplied during emergencies shall be that for supplemental energy plus 2.0 mills per kilowatthour. When an. emergency occurs, ~the .system suffering the emergency shall notify the other participants as quickly as is possible the nature of the emergency and the steps being taken to expedite the repair and/or replace- ment of the defective equipment. The duration of the emergency shall be that time necessary to complete the necessary repair and/or replacement in an expeditious maimer. The participant shall not be eligible to use emergency energy for other maintenance. 3. Maintenance power and.energy purchases from the other Pool participants shall be proportioned among the other participants in the same manner as Supplemental Energy..The demand charge for maintenance power shall be the demand charges for Supplemental Power divided by 60, cumulative for each day during whichmaintenance power is purchased.. The Energy charge shall be the same as for Supplemental Energy. 4. Bach participant in the Pool shall pay the BBPC an annual rental charge for the use of .Reserve Transmission Lines as provided for in Section III. The annual, rental charges shall total 7% of the installed cost of the facilities and shall be proportioned among the participants including BBPC, in proportion to the normal maximum rating of each system's largest generating unit that year. MUNICIPAL BUILDING (Continuation) S. The dispatching and accounting for the Pool shall be done by the B~PC Systamutilizing forms approved by the Pool Committee. The BEPC System shall be responsible, for the maintenance and replacement in kind of the central office cormnunication and metering equipment. For these services, ~ach Pool participant shall annually pay the BEPC Systam the sum of $2,000.00. SECTION VI MISCELLANEOUS PROVISIONS 1. Any Pool participant may Contract with any system outside the Pool to furnish to that system or be furnished by that system, firm power and energy, providing in the case the Contract is to furnish firm power, that the Contract will not cause the Pool to beddme unfirm prior to the next scheduled unit addition whose size is not yet determined. In the case a system contracts to furnish firm power, the ~ount contracted shall be added to and considered a part of the Pool participant's peak load. In the case a system contracts to be furnished firm power ~e capacity that can be dedicated to the Pool and credited to the system's Capacity Obligation is the capacity that can be as effectively utilized in maintaining a fi.rmPool as demonstrated to the satisfaction of the Pool Committee. Such capacity dedicated to and accepted by the Pool Committee shall be considered thereafter the same as a generating unit with that normal maxirm~nrating. After this Agreement is executed, any contracts a Pool participant makes with any system outside the Pool to be furnished by that outside system firm power, must provide for a contract period of four (4) years or more. Contracts for a shorter term than that provided above maybe made but such capacity cannot be dedicated to the Pool nor used to satisfy the Pool participant's Capacity Obligation. 2. After this Agreement is executed, all interconnections by a Pool participant with any system outside the Pool must be such that the inter- com~ection is ~lectrically compatible with the operation of the Pool. The intent of this provision is that outside interconnections shall be relayed, to the satisfaction of the~ol Committee', such that abnormal conditions in the outside system will !separate the Pool from that system, before unsatisfactory operating conditions occur within the Pool. 3. Any Pool member may contract with any other Pool member to assume the obligation to install generating equipment that it incurs under the. provisions of this Contract. If so, this unit shall be considered to be installed in the system originally having the obligation to install it. 4. All Pool participants shall jointly participate in and share equally the cost of system studies to determine the transmission line, sub- station, capacitor, and other Pool needs to maintain a firm system. Studies shall be made at intervals 'to be determin~dby the Pool Co~nittee. 5. During normal operating times, some power and energy inter- change will result without 'being scheduled or desirable. All such interchaRges shall be considered'as to and from the BEPC system and shall be classified as Inadvertent Interchange. The dispatcher shall monthly advise all Pool parti- cipants bf' such interchange and schedule the return of the energy during the next monthly period. 6. The REPCnow has in force a contract to purchase power and energy from the Texas Power and Light Company. This contract provides that demand charges incurred in one month shall continue to be paid for each of the next succeeding eleven months. Upon execution of this contract, the BEPC shall dedicate to this Pool any of the Texas Power and Light Company's demand available that it chooses. This amol~nt shall be considered as BEPC generation in all calculations made under the terms of this Contract and the BEPC shall be responsible for all payments due Texas Power and Light Company for any use of this demand. However, should an emergency or emergencies occur that requires, taking of demand, from Texas Power and Light Company in excess of that demand dedicated to the Pool by BEPC, the system or systems suffering the emergencies shall be responsible for all costs incurred by BBPC to Texas Power and Light Company that are in excess of the costs for demand dedicated F~JNICIPAL BUILDING (Continuation) to the Pool. The systems suffering the emergencies shall make payments to BEPC in proportion to the peak demand they established during the emergencies. The contract with Texas Power and Light expires on March 15, 1966. Any renewal of this, or any new contract made between BEPC and TP&L after this date shall come under the provisions of Paragraph 1 of Miscellaneous Provisions. SECTION VII TERM OF CONTRACT 1. The Pool shall be officially in being as of the date the Contract is signed by all participants in the Pool and approved, for Pool members who are borrowers from the Rural Electrification Administration, by the Administrator of the Rural Electrification Administration. All existing Contracts for the purchase or sale of electrical energy between the Pool participants shall, as of that date, become null and void. 2. The Contract shall provide for Pool operation for a period of five (5) years and shall continue in force thereafter until notification by any participant of its intent to withdraw as provided in Paragraph 3 of this section. 3. Any participant Of the Pool may withdraw from the Pool by written notice delivered to all other Pool participants at least four (4) years in advance of the date of withdrawal. 4. Withdrawal of any Pool participant in accordance with the provisions of Paragraph 3 of this sect'ion shall relieve that mmnber of any obligation for~ payments to other Pool participants as of the date of its withdrawal, except as provided i~ Paragraph S of this section~ 5. Withdrawal of any Pool participant in accordance with the provisiohs of Paragraph 3 of this section shall not relieve that participant of its obligation for payments for Reserve. Transmission Line Rental Charges, until five (5) years from the date of its notice of withdrawal from the Pool. 6. The withdrawal or notice of withdrawal of any Pool participant or participants shall not affect the privileges and obligations of those remaining in the Pool. 7. It is stipulated and agreed, between the participants hereto, that in the event that any participant shall, after assuming responsibilities as provided' herein, fail to carry out these responsibilities', and that as a result of this failure the Pool becomes unfitm, that such failure shall relieve all other participants of their responsibilities to such participant. Upon finding that a Pool participant has failed to' carry out a responsibility assumed hereunder, the Pool Committee shall give written notice to the Executive Officer of the Governing Body of the participant in question. 8. Nothing contained in this agreement shall obligate any Party: (a)To provide any facilities for which it is unable to obtain necessary financing or Co) To enter into any contract or to amend or cancel any existing cont?act without the approval', if such approval - is required, of the holder of such Party's loan contract, mortgage, or bond indenture, or (c) To make any use' of its facilities in a manner which would be in violation of such Party's obligation to the holder of its loan contract, mortgage, or bond indenture. Nothing contained in this paragLaphshall relieve any participant of the penalities they incur under the provisions of Paragraph 7, Section VII. 9. This Agreement may be simultaneously executed and delivered in two or more counterparts, each of which so executed and delivered shall be deemed to be an original, and all shall constitute but one and the same instrument. 326 MUNICIPAL BUILDING (Continuation) IN WITNESS WHFZLEOF, the parties hereto have caused this Agree- ment to be signed in their respective corporate names by their duly authorized executive officers and their corporate seals to be hereunto affixed ,~nd attested by their Secretaries. Attest: "' '" ~ ,~ THE CITY OF BRYAN ? :, /si -23-63 : .. :~ ~,~. Noah. W,. Dansby MAYOR DATE Attest: THB CITY OF GREBNVILLB /s/ /s/ ':,. ",N ' ". ~.,r,,, 9-23-63 Kathleen Barnett MAYOR ~ Attest: THE CITY OF GARLAND /s/ /s/ 9-23-63 Margaret Brewer MAYOR DATE Attest: BRAZOS ELECTRIC POWER COOPERATIV~ Is/ /si 9-23-63 T. £. Craddock Manager DAte RE SOLUT I ON WHEREAS, the Board[ of Directors of the Brazos Electric Power Coopera- tive, Inc. did by unanimous action on May 8, 1963, authorize that the General Manager R. W. Miller be authorized and e~owered to sign the Power Pool Agreement between the cooperative and the cities ef Bryan, Garland, Greenville and possibly Denton, Texas, subject to the approval bythe cooperative's attorney and final approval of the Rural Electrification Administration, Washington, D~ C.; and WHEREAS, the Power Pool Agreement had been approved by the cooperative'~ attorney and on September 23, 1963, was executed by H. A. Dalton, General Manager of the Brazos Electric Power Cooperative, Inc., a posi- tion which he assumed by Board action on September 4, 1963, subject to the contractual provision requiring REA approval. NOW, therefore, be it resolved that the action of H. A. Dalton in signing the Power Pool Agreement on September 23, 1963, with the cities of Bryan, Garland and Greenville be and hereby is ratified as having been in conformity with the intent of the Board action on May 8, 1963, authorizing the then General Manager to ~xecute this agreement. I, T. E. Craddock:. Secretary of the Brazos Electric Power Cooperative, Inc. do hereby certify that the above and foregoing is a true and correct copy of a resolution duly passed at a special meeting of the Board of Direceors of said Cooperative, held at Waco, Texas, on the 9th day of October, A. D., 1963. Given under my hand and seal of said Ceoperative, this the 9th day of October, 1963. /s/ T. E. Craddock, Secretary - Motion was made by Finlay, seconded by Ayer that the Resolution be adopted. On roll call W)te Finlayvoted "aym."Ayer voted "aye." and Neu voted "ayes" and R~mey voted "aye.~'~.~---~-- - -- ~ Motion carried. MUNICIPAL BUILDING (Continuation) Meeting adjourned at 6:3S p. m. FDNICIPAL BUILDING 'June 24, 1969 Regular meeting of the City Council, City of Denton, Texas, Tuesday, June 24, 1969, at 7 p. m. in the Council Chambers, Municipal Building. PRESENT: Mayor Nelson, Mayor Pro Tem Neu, Finlay, and Ayer; Assistant City Manager, City Attorney, Assistant City Attorney, Director of Communi~:7 Development, and City Secretary ABSENT: Ramey and City Manager. 1. Motion was made by Neu, seconded by Finlay that the minutes of the meeting of Jund 11, 1969, and the Special Meeting of June 12, 1969, be approved with the change of the name of a visitor, Item 3b, to Mrs. Weidman in the minutes of June 1I, 1969. Motion carried. 2. Bids: a. 69-4492 Hydraulic Flushing Unit Motion was made by Finlay, seconded by Ayer that the bid be awarded as follows: Item One to the low bidder, F. E. Myers & Brothers Company on bid of $6,946.20, less 2% for cash payment in thirty days, making a net total of $6,807.28. Item Two to the City of Lewisville to purchase the trade-in at a net total bid of $4,000. Motion carried. 3. Visitors: a. Robert C. Storrie, representing Denton Loan and Investment Company, inquired as to street assessment costs on portions of Stuart Lane. Motion was made by Finlay, seconded by Neu that the matter be referred to the City Attorney and other staff members for recommenda- tions. Motion carried. b. John Ford, 200 Avenue D, Apartment No. 118, requested permission to paint house nu~ers on curbs in the City. Motion was made by Finlay, seconded by Neu that Mr. Ford confer with the City Attorney and that the City Attorney make his recommendations as~o requirements for this work. Motion carried. 4. Petitions: a. A Public Hearing was held on the petition of Antone P. Raposa, requesting that the zoning classification on City Lot 4, Block 176-V, be changed from Agricultural to Planned Development classification. MUNICIPAL BUILDING June 24, 1969 After hearing proponents but no opponents, motion was made by Neu, seconded by Finlay that the petition be approved. Motion carried. · b. Motion was.made'by Ayer, seconded by Finlay that the peti- tion o~f R. H. Taliafer~o requesting zoning reclassification of City Tracts 8 and SA, Block 285, from Agricultural to Commercial, be referred to the Planning alld Zoning Commission for its recommendation. Motion carried. c. Motion was nmde by Finlay, seconded by Ayer that the petition of Hank Dickerson and Company, requesting zoning reclassifi- cation of City Lots 3A, 3B, Block 285; City Lot 13, Block 276/D; and City Lots 1, 2, 3, 4, Blocfk 283, from Agricultural to Planned Development classification, be referred to the Planning and Zoning Commission for its recommendation. Motion carried. d. Motion was made by Neu, seconded by Finlay that the petition of Robert Mann, requesting zoning reclassification of City Lots 5, 6 and part of 8, Block 4071, from Planned Development (General Retail Usage) to Planned Development (Commercial Usage), be referred to the Planning and Zoning Commission for its recommendation. Motion carried. e. A Public Hearing was held on the request of North Texas State University to close Maple Street between Avenue D and Avenue E. After hearing proponents but no opponents, motion was made by Neu, seconded by Finlay that the petition be approved with the stipulation that all utilities be removed~.or relocated at the expense of North Texas State University as recommended by the Planning and Zoning Con~nission. Motion carried. 5. The Council considered an ordinance regulating pawn shops. They concurred, after studying the proposed ordinance, that action should be deferred until :next regular meeting. 6. The following Resolution was presented: RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That the Airport Advisory Board of the City of Denton, Texas, shall consist of seven members who shall be residents of Denton County, Texas, and four (4) of same shall be also residents of the City of Denton. Four (4) members shall be appointed by the Council to serve for one year, ending the 30th day of June, 1970, or until their successor is appointed: and three (3) members shall be appointed to serve for two (2) years ending the 30th day of June, 1971, or until their successor is appointed. All members appointed or re-appointed after this year shall serve for two (~) years, and continue until their successors are appointed, which shall establish stag- gered two year terms. No person having any pecuniary interest in the Denton Airport or wittl any operator or concessionair thereon shall be a member of this Airport Advisory Board. MUNICIPAL BUILDING (Continued) June 24, 1969 The purpose of this Board is to advise the Council on all matters concerning or pertaining to the Denton Airport, and to submit a budget recommendation to the City Manager for his consideration in preparing the total City budget. PASSED AND APPROVED this 24th day of June, A.D., 1969. Is~ L. A. NELSON, MAYOR CITY OF DENTON, TEXAS ATTEST: Is~ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LF. GAL FORM: JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Finlay, seconded by Neu that the Resolution be adopted. On roll call vote Finlay voted "aye," Neu voted "aye," -- Ayer vote~t"aye," and Nelson voted "aye." Motion carried. 7. The Council considered approval of a statement from Norsworthy-Mercer, Inc., in the amount of $1,819.84 for advertising services for April and May, 1969. Motion was made by Finlay, seconded by Ayer that the statement be approved for payment. Motion carried. 8. Councilman Finlay, Chairman of the Nominating Committee, presented the following names for appointment to City boards and commis- sions. ~ a. Motion was made by Neu, seconded by Ayer that the following be approved as members of the Airport Advisory Board: AIRPORT ADVISORY .BOARD NAME EXPIRATION IIRTE 1.- Dr. Richard Ragsdale 6-30-70 2. O~n Crouch 6-30-70 3. Harwell Shepard 6-30-78 4. Ray Hunt 6-30-70 5. Rex Cauble 6-30-71 .... 6. William Lindley 6-30-71 , 7. Dr. Harold Pierce 6-30-71 Motion carried. b. Motion was made by Ayer, seconded by Neu that the following people be approved as members of the Board of Adjustment: BOARD OF AIIJUSTMENT NAME EXPIRATION DATE 1. Paul Voertman 6-30-?1 2. Bill Utter 6-30-71 3. Dr. Ruth Anderson 6~30-71 MUNICIPAL BUILDING (Continued) June 24, 1969 4. Grant Jacobsen, filling unexpired term of Gene Gamble 6-30-70 Motion carried. c. Motion was made by Ayer, seconded by Neu that the following be approved as members of the Civil Service Con~ission: CIVIL SERVICE CO~ISSION 1. George Hopkins 6- 30- 71 2. Wayne Swick 6~30-71 3. Ray Stephens 6-30-71 Motion carried. d. Motion was made by Ayer, seconded by Neu that Dorcell Young be approved as a member of Flow Hospital Board, membership to expire on t0-10~73'. Motion carried. e. . Mo~ion' was made"by Ayer, seconded by Neu that the following Be ap~rovb'd, a.s members ..of the Parks and Recreation Board: PARKS R ¢R ATION BOARD 1. Dr. Forrest Cothe~n 6-30-71 2. Mrs. Ann Kelsey 6-30-71 3. Mrs. Billie Johnson 6-30-?1 Motion carried. f. Motion was made by Neu, seconded by Ayer that the following be approved as members of the Planning & Zoning Co~ission: PLANNING & ZONING CO~NISSION NAME EXPIRATION DATE 1. Mr. Robert Manning 6-30-?1 2. Mr. Gene Gamble 6-30-71 3. Dr. Ethlyn Davis 6-30-71 Motion carried. g. Motion was made by Ayer, seconded by Neu that Mr. William C. Davis be approved as a member of the Public Utility Board which membership will expire 6-30-73. Motion carried. h. Motion Was made by Neu, seconded by Ayer that the following be approved as members of the Library Board: LIBRARY BOARD NAME EXPIRATION DATE 1. Dr. J. D. Culpepper 6-30-71 2. Bmmett Brown 6-30-71 3. O.H. Bailey 6-30-71 4. Bill Thomas 6-30-71 5. Dr. HBgh Ayer, 'replacing J.T.Jon~s~ ~Jr. 6-30-71 Motion carried. MUNICIPAL BUILDING (Continued) June 24, 1969 i. Motion was made by Neu, seconded by Ayer that the following be approved as members of the Board of Equalization: BOARD OF EQUALIZATION 1. Dr. Paden Neely 6-30-70 2. Garland Cares 6-30-70 3. Clayton Atkins 6-30-70 Motion carried. 9. Councilman Finlay made a statement in behalf of creating a hospital tax district. No action was taken. 10. Motion was made by Ayer, seconded by Finlay that a letter of appreciation and comnendation be sent to all retiring Board and Commission members signed by the Mayor and in behalf of the Council. Motion carried. Meeting adjourned at 7: 45 p. m. City Secretary MUNICIPAL BUILDING July 8, 1969 Regular meeting of the City Council, City of Denton, Texas, Tuesday, July 8, 1969, at 7 p. m. in the Council Chambers, Municipal Building. PP, ESENT: Frayor Nelson, Councilmen Finlay, Neu, Ayer and Ramey; City M~nag~r, A~sistant City Manager, City Attorney and City Secretary. 1. Motion was made by Neu, seconded by Finlay that the minutes of the regular meeting of June 24, 1969, be appr~ve~d with the' following correction: l~nder If~mTM 8 the expiration date of~'~e appointment of Ray Hunt to the Airport Advisory Board be changed to 6-30-70. Motion carried. 2. Bids: a. Motion was made,by Neu, seconded by Ramey to authorize the Director of Utilities to negotiate the purchase of a 69 KVA Air Break Switch and waive the requirements for bids, since the time element is crucial. Motion carried. b. Motion was made by Neu, seconded by Finlay to authorize the Director of Utilities to negotiate a lease purchase of an air compressor for instrument air at the steam plant and waive the requirements for bids, since the time element is crucial. Motion carried. 3. The City Attorney withdrew the proposed Ordinance regulating p~wn shops. Motion was made by Finlay, seconded by Ramey that the matter be tabled until such time the City Attorney brings the matter before the Council for its further consideration. Motion carried. 4. Ordinances: 232 MUNICIPAL BUILDING (Continuation) July 8, 1969 ORDINANCE NO. 69-27 AN ORDINANCE VACATING, CLOSING AND ABANDONING AS A PUBLIC STREET A PORTION OF MAPLB STREET' L~tNG BETWEEN AVENUE E AND AVENUE D AS SHOWN ON THE MAP OR.PLAT OB.SAID AR~ REODkDED IN VOLUME 33?, PAGE 193 OF THE DEF~D RECORDS OF DENTON'COUNT. Y, TFDUtS, SAID PORTION BEING FURTHER DESCRIB~.D HEREIN IN "FI%LI~, AFTER FINDING T}i~T THE PUBLIC CONVENIENCE AND NECESSITY NO LONGFR REQUIRE ITS CONTINUED EXISTENCE;'>~ND DECLARING AN EFFECTIVE DATE. Motion was made by Finlay, seconded by Ayer that the Ordinance be adopted. On roll call vote Finlay voted "aye," Aye? Neu voted "aye," Ramey voted "aye," and Nelson vot~"a~el'' Motion carried. S. The City Planner made a report to the Council stating that the Planning & Zoning Commission recommended that Interstate Highway 35B access roads be made one-way from Mayhill Road north to University Drive, After considerable discussion, motion was made by Finlay, seconded by Ramey that the matter be tabled until the next regular meeting. Motion carried. Mayor Nelson asked that a report be obtained from the Texas Highway Department relative to the accident count on Interstate 3SE access roadsin the corporate limits of the City. 6. Motion was 'm'ade by Finlay, seconded by Neu that the Tax Adjustment Report for the month of June, 1969, in the amount of $476.85 be approved as recommended by Hugh Mixon, Tax Assessor-Collector. Motion carried. ?. The Council heard the written legal opinion of the City Attorney relative to Assessment of' a strip of land abutting East side of Stuart Lane - a distance of 80.3?', more or less, and adjacent immediately south of E. Simpson Tra~ct, and due North of Block E, Meadowbrook Subdivision owned by the Denton Loan & Investment Co. The City ManaBer recommended the assessment~'be declared valid. ~ · Motion was made by Ramey, seconded by Neu that the request of Denton Loan &' Investment Co. be denied. Motion carried. City Secretary MUNICIPAL BUILDING July 8, 1969 Special meeting of the City Council, July 8, 1969, in the Municipal Building, City of Denton~ Texas. PRESENT: Mayor Nelson, Councilmen Finlay, Ramey, Ayer and Neu; City Manager Assistant City Manager, and City Attorney. 1. This special meeting was called to discuss the Resolution presented to the Council by the Airport Advisory Board requesting that the existing agreement between the City of Denton and Patrick F. Breen, wherein Patrick F. Breen was granted temporary access rights across a certain described portion of the Municipal Airport to the runway, be terminated. After considerable discussion, motion was made by Finlay, seconded by Neu that the recommendation of the Airport Advisory Board be approved and that the agreementdescribed in the Airport Advisory MUNICIPAL BUILDING (Continuation) July 8, 1969 Board Resolution be terminated as soon as possible. Motion carried. Meeting adjourned at 10 p. m. ~yor MUNICIPAL BUILDING July 22, 1969 Regular meeting of the City Council, July 22, 1969,in the Municipal Building of the City of Denton, Texas. PRESENT: Mayor Nelson, Councilmen Neu, Finlay, Ayer and Ramey; City Manager, Assistant City Manager, City Attorney and City Secretary. 1.. Motion was made by Neu, seconded by Finlay that the minutes of the regular and special meetings of July 8, 1969, be approved. Motion carried. 2. Bids: a. Bid No. 69-4502: Southeast Denton paving The Council discussed at length the increased cost of bids for paving since' 1967 and heard several Southeast Denton citizens express their opinions. The City Manager recommended that action on the bids be tabled because of this increase in cost and a public hearing be postponed on the assessment for ten (10) days to give time for efforts to secure alternate bids. ',.' '"Motion. was made by Ramey, seconded by Ayer to accept the recon~ehdation ::of the City Manager. Motion carried. b." Bid No.' '69"-4636: Truck with Hoist · ~ r., ~ Motion was made by Finlay, seconded by Neu that the bid be awarded to Calvert Motor Company, Inc.,,at a"low ~-id o'f $3,240. Motion' carried. c. Bid No. 69-4616: Gas and Oil Motion was made by Finlay, seconded by Ayer that the bid be awarded to Caruthers Oil Company at a low bid of $45,920.75. Motion carried. d. Bid No. 69-4665: Utility Power Poles Motion was made by Finlay, seconded by Ramey that the bid be awarded to Longview Creosoting Company at a low bid of $18,812.25. Motion carried. 3. Mayor Nelson read and presented a Proclamation proclaiming Senior Girl Scout Week. to eight Senior Girl Scouts. 4. Petitions: a. A public hearing Was held on the petition of R. H. Taliaferro, requesting zoning reclassification of City Tracts 8,and 8a, Block 285, from Agricultural to Commercial. (Planning and Zoning Commission reconmlended approval). 334 July 22, 1969 (Continued) After hearing proponents, but no opponents, motion was made by Neu, seconded by Finlay that the petition be approved. Motion carried. b.. The Council considered the petition of Richard A. Harris, requesting a change in ~ location of the existing Specific Use -Permit (S-6) for the operation of a nursing home to a 5-acre site located on parts of City Lots 1 and 3, Block 444 fronting on Beaumont Street. Motion was made by Ramey, seconded by Neu tO accept the recommendation of the Pl~ming and Zoning Commission to approve the requested change. Motion carried. c. Motion was made by Neu, seconded by Finlay that the petition of Bob Jones, requesting zoning reclassification of City Lot 17, Block 125, from '$~-1," Multi-family, to '~S," Neighborhood Service classification, be referred to the Planning and Zoning Commission for its recommendation. Motion carried. d. Motion was made by Ayer, seconded by Ramey that the petition of Tony Raposa, requesting that the zoning classification of City Lots 28 and 28.2, Block 127 be changed from the '~qF-l,"Multi- family classification to the "GR" General Retail classification, be referred to the Planning and Zoning Commission for its recommendation. Motion carried. 5. The following 'Resolution was presented: RESOLUTION WHEREAS, it has been heretofore recommended that Aubrey Reservoir 'be completed and full by 1980, due to the fact of urgent need based upon hydrolo- gical studies of the watershed y~elds and the Master Plan of the water distribution and pro- duction systems which indicate that the safe drouth yield of Garza-Little Elm Reservoir will be completely utilized before 1975, and WHEREAS, construction of a reservoir the size of the pro- posed Aubrey normally requires ten years from planning stages to the full reservoir, allowing a reasonable period for rainfall and runoff to fill the structure upon completion, making it essential that engineering studies and plarming for Aubrey Reservoir begin in the current fiscal year in order to avoid unnecessary risk of a water shortage by the year 1980 in Denton County, and WHEREAS, the City of Dallas, Texas, was a co-sponsor, with the City of Denton on Garza-Little Elm Reservoir and their requirements have also increased so that they are now over-using their allocation of supply in Garza-Little Elm, and WHEREAS, the City of Denton by contract with the City of Dallas has agreed for the two cities to co-sponsor Aubrey Reservoir, and WHEREAS, on May 16, 1969, the City of Dallas, and the City of Denton did appear before the Texas Water Rights Commission and were designated local cooperating sponsors on Aubrey Reservoir so that all is in order at this time for the Corps of Engineers to contract with these two cities for the construction of the reservoir pursuant to appropriate Federal law as enumerated below, and July 22, 1969 (Continued) WHEREAS, the City of Dallas requested the Corps of Engineers to include funds for preliminary planning on AubreyReservoir in both fiscal years 1969 and 1970, Aubrey Reservoir being an authorized project pursuant to provisions of House Document 276 and Section II of Public Law 89-298 of the 89th Congress, and WHEREAS, such plarming money was not approved by the Congress, but the Corps of Engineers has indicated their capability during Fiscal Year 1970 for the planning work on Aubrey Reservoir at a cost of $150,000.00, and WHEREAS, time is of essence to the Denton water needs and planning and construction of the Aubrey Reservoir must begin at the earliest possible date, and it is deemed necessary that the City of Denton and the City of Dallas request that the Federal Government accept an advance from the two cities of such planning funds in order that preliminary planning work can begin on Aubrey Reservoir in Fiscal Year 1970, and therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. That the City of Denton, Texas, has agreed and does hereby agree to provide the items of local interest for the Aubrey Reservoir (hereinafter called the Project), required byPublic Law 89-298, approved October 27, 1965, and the Federal Water Project Recreation Act (Public Law 89-72), approved July 9, 1965, as follows: A. Obtain without cost to the United States all water rights needed for storage and use of water for project purposes, resolve any conflicts in water rights necessary for effective operation of the project, use the water in a manner consistent with Federal and State laws, and hold and save the United States free from damages due to the storage and withdrawal of water by the users. B. With respect to the Project, pay the United States, in accordance with the provisions of the Water Supply Act of 1958, as amended, for the 'first costs and the annual operation, maintenance and replacement costs allocated to water supply storage, presently estimated as set out below, with such modification in these amounts as may be necessary to reflect adjustments in the storage capacity for water supply and other purposes as determined by the Chief of Engineers: Allocated cost to water supply storage Construction Costs Annual O&MCosts Amount Percent Amount Percent $32,199,400 67.110 $75,250 14.78 C. In accordance with the purposes of Public Law 89-72, administer project land and water areas for recreation and fish and wildlife enhancement pursuant to the plan for the development of the project approved by the Secretary of the Army, and bear not less than one-half the separable costs of operation, maintenance and replacement incurred therefore. 236 July 22, 1969 (Continued) Section 2. That the City Manager is hereby instructed to appro- priate and budget for fiscal 1969-1970 the amount necessary to advance the above described planning funds as negded by the Corps of Engineers in order that preliminary planning work can begin on Aubrey Reservoir as soon as possible. Section 3. That this resolution shall take effect immediately upon its passage and approval. PASSED AND APPROVED this 22nd day of July, A. D., 1969. /s/ LA NELSON, MAYOR ATTEST: CITY OF DENTON, TEXAS /si BROOKS HOLT, CITY SECRETARY CITY OF DENTON,TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Finlay, seconded by Neu that the Reslution be adopted. On roll call vote Neu voted "aye," Finlay voted "aye," Ayer voted "aye," Ramey 'voted "aye," and Nelson voted "aye." Motion carried. 6. The following Resolutions were presented: RESOLUTION RE IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: On behalf of the people of the City of Denton, Texas, the Mayor and City Council of said City hereby publicly express their sincere appreciation of Mr. Raymond Pitts for his valuable public service onthe Board of Equalization of the City of Denton, Texas, from his appointment through continuous reappointments until his resignation effective August 21st, 1968. The City Council and Mayor wish to express their grati- tude for the tireless and outstanding manner in;~hich he has performed these, and many other, public services, and extend their best wishes for his continued success as a community leader, although regretting that such a valuable citizen has retired from this important Board. On behalf of the people he has served so well, the City Council and Mayor direct and order that a copy of this Resolution be forwarded to him, the said RAYMOND PITrS. PASSED AND APPROVED tJ~is 22nd day of July, A.D., 1969. Is~ L. A. NELSON, MAYOR CITY OF DtlqTON, TEXAS ATTEST .~ /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS July 22, 1969 (Continued) Motion was made by Ayer, seconded by Ramey that the Resolution be adopted. On'roll call vote Neu voted "aye," Finlay voted "aye," Ramey voted "aye," Ayer voted "aye," and Nelson voted "dye." Motion carried. b. RESOLUTION BE IT RESOLV~DTHAT THB FOLLOWING Rt~MARKSRE ENTERED UPON T~ MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: On behalf of the people of the City of Denton, Texas, the Mayor and City Council hereby publicly express their sincere appreciation of Dr. Walter Miller for his valuable public service as a member of the Public Utilities Board of the City of Denton, Texas, through continuous reappointments until his resignation e~ect- ive June 30, 1969. The City Council and Mayor wish to express their grati- tude for the tireless and outstanding manner in which he has performed this public service, and for the many other public se~ices he has performed over a period of many years, and extend their best wishes for his continued success as a co~nunity and medical leader, although regretting that sumh a valuable citizen has retired from this important Board. On behalf of the people he has served so well, the City Council and Mayor direct and order that a copy of this Resolution be forwarded to him,the said Dr. WALTER MILLER. PASSED AND APPROVED this 22nd day of July, A.D., 1969. L. A. NELSON, MAYOR CITY OF DF2CfON, TtDGIS ATTEST: is/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Ayer, seconded by Ramey that the Resolu- tion be adopted. On roll call Vote Ayer voted "aye," Ramey voted "aye," Neu voted "aye," Finlay voted "'aye," and Nelson voted "aye." Motion carried. c. RESOLUTION BE IT RESOLVED THAT THE FOLLOWING RI~S KE ENTERF_D UPON TF~ MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: On behalf of the people of the City of Denton, Texas, the Mayor and City Council of said City hereby publicly express their sincere appreciation of Mr. Dan Dudley for his valuable public service as Chairman of the Library Board of the City of Denton, Texas, fmom his appointment until his term expired on June 30, 1969. July 22, 1969 (Continued) The City Council and Mayor wish to express their grati- tude for the tireless and outstanding mariner in which he has performed this public service, and extend their best wishes for his continued support of the Public Library. On behalf of the people he has served, the City Council and Mayor direct and order that a copy of this Resolution be forwarded to him, the said DAN DUDLEY. PASSED AND APPROVED this 22nd day of July, A.D., 1969. Is~ L. A. NELSON, MAYOR CITY OF DF~NTON, TEXAS ATTEST: ~si BROOKS HOLT,CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON,TEXAS Motion was made, by Ayer, seconded by Ramey that the Resolution be adopted. On roll call vote Ayer voted "aye," Finley voted "aye," Neu voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried. d. RESOLUTION BE IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: On behalf of the people of the City of Denton, Texas, the Mayor and City Council of said City hereby publicly express their sincere appreciation of Mr. Joe Skiles for his valuable public service as Member and Chairman of the Board of Equalization of the City of Denton, Texas, from his appointment, through continuous reappoint- ments until his resignation effective August 21st, 1968. The City Council and Mayer wish to express their grati- tude for the tireless and outstanding manner in which he has performed these, and many other, public services, and extend their best wishes for his continued success as a community leader and developer, although regretting that such a valuable citizen has retired from this important Board. On behalf of fhe people he has served so well, the City Council and Mayor direct and order that a copy of this Resolution be forwarded to him,the said JOB SKILl. S, Esquire: PASSED AND APPROVED this £2nd day of July, A.D., 1969. Is~ L. A. NELSON, MAYOR CITY OF DENTON, TEXAS ATTEST: BROOKS HOLT, CITY SECRETARY ~TTV fid T]~qkrFN~q July 22, 1969 (Continued) APPROVED AS TO LEGAL FORM: /si JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Ayer, seconded by Ramey that the Resolution be adopted. On roll call vote Ayer voted "aye," Finlay voted "aye," Neu voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried. e. RESOLUTION BE IT RESOLVED THAT THE FOLLOWING Rt~S BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: On behalf of the people of the City of Denton, Texas, the Mayor and City Council hereby publicly express their sincere appreciation of Mr. Robert Speake for his valuable public service as a member of the Planning and Zoning Commission of the City of Denton, Texas, from his appointment on June 30, 1967, until his term expired on June 30, 1969. The City Council and Mayor wish to express their grati- tude for the tireless and outstanding manner in which he has performed these, and many other, public services, and extend their best wishes for his continued success as a community leader, although regretting that such a valuable citizen has retired from this important Commission. On behalf of the people he has served so well, the City Council a~d Mayor direct and order that a copy of this Resolution be forwarded to him, the said ROBERT SPEAKE. PASSED AND APPROVtD this 22nd day of July, A.D., 1969. /si L. A. NELSON, MAYOR CITY OF DENTON, TEXAS ATTEST~: Is/ BROOKS HOLT, CITY SECRETARY CITY OF DF_AFfON, TEXAS APPROVED AS TO LEGAL FORM: /si JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Ayer, seconded by Ramey that the Resolution be adopted. On roll call vote Ayer voted "aye," Finlay voted "aye," Neu voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried. f. RESOLUTION BE IT RESOLVED THAT THE FOLLOWING RI~4ARKS BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: On behalf of the people of the City of Denton, Texas, the Mayor and City Council hereby publicly express July 22, 1969 (Continued) their sincere appreciation of Mr. JAKB CRAVEN for his valuable public service as a member of the Parks and Recreation Board of the City of Denton, Texas, from his appointment on June 30, 1967, until his term expired, on June 30, 1969. The City Council and Mayor wish to express their grati- tude for the tireless and outstanding manner in which he has performed these public services, and extend their best wishes for his continued success as a comnunity and business leader. On behalf of ~e people he has served so well, the City Council and Mayor direct and order that a copy of this Resolution be forwarded to him, the said JAKE CRAVEN. PASSED AND APPROVED this 22nd day of July, A.D., 1969. Is~ L. A. NELSON, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: is/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Ayer, seconded by Ramey that the Resolution be adopted. On roll call vote Ayer voted "aye," Finlay voted "aye," Neu voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried. g. RESOLUTION BE IT RESOLVED THAT THE FOLLOWINGRtiMARKS BE ENTERED UPONTHEMINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: On behalf of the people of the City of Denton, Texas, the Mayor and City Council hereby publicly express their sincere appreciation of Mr. Fred Freeman for his valuable public service as a member of the Planning and Zoning Commission of the City of Denton, Texas, from his appointment on June 30, 1967, until his term expired on Jlm. e 30, 1969. The City Council and the Mayor wish to express their gratitude for the tireless and outstanding manner in which he has performed these, and many other, public services, and extend their best wishes for his continued success as a community leader, although regretting that such a valuable citizen has retired from this important Commission. On behalf of l~e people he has served so well, the City Cotmcil and Mayor direct and order that a copy of this Resolution be forwarded to him, the said FRED FREEMAN. PASSED ANDAPPROVED this; the 22nd day of July, A.D., 1969. July 22, 1969 (Continued) /s/ L. A. NELSON, MAYOR CITY OF DBNTON, TEXAS ATTEST: ~si BROOKS HOLT, CITY SBCRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: Is~ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Ayer, seconded by Ramey that the Resolution be adopted. On roll call vote Ayer voted "aye," Finlay voted "aye," Neu voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried. h. RESOLUTION BF. IT RESOLVED THAT THE FOLLOWING Rt~S BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF. THE CITY OF DENTON, TEXAS: On behalf of the people of the City of Denton, Texas, the Mayor and City Council hereby publicly express their sincere appreciation of Mr. JACK BROWDER for his valuable public services as Chairman of the Planning and Zoning Commission of the City of Denton, Te~xas, from his appointment on May 25, 1965, through continuous reappointments, until June 30, 1969. The City Council and Mayor wish to express their grati- tude for the tireless and outstanding manner in which he has performed thesg, and many other, public services, and extend their best wishes for his continued success as a community leader, although regretting that such a valuable citizen has retired from this important Co~nission. On behalf of the people he has served so well, the City Council and Mayor direct and ~order that a copy of this Resolution be forwarded to him, the said JACK tLROWDER. PASStD AND APPROVED this the 22nd day of July, A.D., 1969. /s/ L. A. NELSON, MAYOR CITY OF DENTON, TEXAS ATTEST: /si BROOKS HOLT, CITY SFCRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: Is~ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Ayer, seconded by Ramey that the Resolution be adopted. On roll call vote Ayer voted "aye," Finlay voted "aye," Neu voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried. July 22, 1969 (Continued) i. RESOLUTION BE IT RESOLVED THAT THE FOLLOWING Rt~S KEENTEREDUPONTHEMINUTES OF THE CITY COUNCIL OF T}~ CITY OF DENTON, T~XAS: On behalf of ~ people of the City of Denton, Texas, the Mayor and City Council hereby publicly express their sincere appreciation of Harold Buckler for his valuable public serwlce as a member of the Airport Advisory Board of the City of Denton, Texas, from his appointment on June 30, 1967, until the expiration of his term on June 30, 1969. The City Council and Mayor wish to express their gratitude for the outstanding manner in whichhe has performed this public service, and extend their wishes for his continued support of the community and the Denton Municipal Airport. On behalf of the people he has served, the City Council directs and oniers the City Secretary to forward a copy of this Resolution to him, the said Harold Buckler. PASSED AND APPROVED this the 22nd day of July, A.D., 1969. Is~ L. A. N~LSON, MAYOR CITY OF DENTON, TEKAS ATTEST~.'. Is~ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: Is~ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Ayer, seconded by Ramey that the Resolution be adopted. On roll call vote Ayer voted "aye," Finlay voted "axe," Neu voted "aye," Ramey voted "aye," and N~lson voted "aye." Motion carried. ~. ., j. RESOLUTION BB'ITRESOLVED.~T TF~ FOLLOWING Rt~S RE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF Dt~/FION, TEXAS: On behalf of the people of the City of Denton, Texas, the Mayor and City Council hereby pB~li~y~.x~ss their sincere appreciation of Mr. Quinby and Recreation Board of the City of Denton, Texas, from his appointment on June 30, 1967, until his term expired on June 30, 1969. The City Council and Mayor wish to express their grati- tude for the tireless and outstanding manner in which he has performed these and many other, public services, and extend their best wishes for his continued success as a community leader, and leading professional man. On behalf of the people he has served so well, the City Council directs and orders that a copy of this Resolution be forwarded to him, the said QUINBY SELF. PASSED AND APPROVED this 22nd day of July, A.D., 1969. July 22, 1969 (Continued) /s/ L. A. NELSON, MAYOR CITY OF DFArFON, TEXAS ATTEST: /si BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Ayer, seconded by Ramey that the Resolution be adopted. On roll call vote Ayer voted "aye," Finlay voted "aye," Neu voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried. 7. ~xe Council discussed the possible abandonment of the Hickory Creek Paving Project and advertising for new bids. Motion was made by Ayer, seconded by Neu that the matter be tabled as recommended by the City Manager. Motion carried. 8. Motion was made by Neu, seconded by Finlay that the statement of Norsworthy-Mercer, Inc., for advertising for the month of June, 1969, in the amount of $14,6S1.36 be approved. Motion carried. 9. Motion was made by Finlay, seconded by Neu to authorize the City Manager to take the necessary action to revise the contract with Marvin Springer and Associates; Motion carried. 10. Motion was made by Neu, seconded by Ramey that a blasting permit be granted to Steed Construction Company for blasting in the Towne North area. Motion carried. 11. Motion was made by Finlay, seconded by Ramey that approval be granted to the Hoover Company to land helicopters in a vacant lot near Gibsons Discount Store subject to observing all standard safety measures and with the approval of the Chief of Police of the landing site. Motion carried. Meeting adjourned at 8:45 p. m. ~Mayor City Secretary MUNICIPAL BUILDING -August 12, 1969 Regular meeting of the City Council, City of Denton, Texas, Tuesday, August 12, 1969, at 7 p. m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Nelson, Mayor Pro Tem Neu, Ramey and Ayer; City Manager City Attorney and City Secretary. ABSENT: Councilman Finlay 1. Motion was made by Neu, seconded by Ayer that the minutes of the regular meeting of July 22, 1969, be approved. Motion carried. 2. Bids: a. No. 69-47513: Water Meters Motion was m~de by Neu, seconded by Ramey that Items 1, 2, 3, 4 and 9 be awarded to Badger Meter Company; and Items 5, 6, 7 and 8 be awarded to Hersey-Sparling Meter Company as recommended by the City Manager. Motion carried. b. No. 69-4765: The sale of old jail cells Motion was made by Ramey, seconded by Ayer that the bid be awarded to the City of Allen, Texas, at a bid of $101.99, as recommended by the City Manager. Motion carried. ¢. No. 69-4766: Police Uniform~ Motion was made by Neu, seconded by Ramey that the bid be awarded to Cravens Dry Goods of Denton at a yearly total bid of $4,534.06, based on anticipated usage. Motion carried. 3. Petitions: a. A public hearing was held on the petition of Dr. Charles Saunders, requesting zoning reclassification of City Lots 1, 2, 10, 11 and 12, Block 327, from "MF-I" Multi-family, to General Retail. After hearing proponents, but no opponents and a report from the City Planner, motion was made by Ramey, seconded by Neu that approval be'given for a change from MF-1 classification to Neighborhood Service. Motion carried. b. A public hearing was held on the petition of Hank Dickerson and Company, requesting zoning reclassification of City Lots 11 and 12, Block 285; City Lots 1, 2, 3 and 4, Block 283; and City Lot 13, Block 276/D, from Agricultural to Planned Development classification~ ~ After hearing proponents and several opponents who live in the adjacent area, motiQn was made by Neu, seconded by Ramey that the petition be tabled for further study until the next regular meeting. Motion carried. c. Motion was made by Neu, seconded by Ramey that the following petitions be referred to the Planning and Zoning Commission for its recommendations: (1) James R. Loft (2) W. K. Mulkey (3) J. Alvin Ellis (4) W. F. Hamiqton (5) Joe D. Ashcraft (6) H. W. Down Development Company August 12, 1969 (Continued) (7) H & H ConstruHtion Company Motion carried. 4. The following Resolutions were.presented: a. RESOLUTION BE IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: On behalf of the people of the City of Denton, Texas, the Mayor and City Council of said City hereby publicly express their sincere appreciation of Mr. I. A. Bailey for his valuable public service on the Board of Governors of Flow Memorial Hospital, from his appointment on April 24, 1962, until his resignation effective August 1st, 1969. The City Council and Mayor wish to express their gratitude for the tireless and outstanding manner in which he has performed this essential public service, and extend their best wishes for his con- tinued success in the future, although regretting that such a valuable citizen has retired from this important Board. As a token of the appreciation of the people he has served so well, the City Council and Mayor direct and order that a copy of this Resolution be forwarded to him, the said I. A. Bailey. PASSED AND APPROVED th~s 12th day of August, A.D., 196g. /si L. A. NELSON, MAYOR CITY OF DENTON, TEXAS ATTEST: /si BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON,-CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Ayer, seconded by Neu that the Resolution "a e " "aye," be adopted. On roll call vote Ayer voted y , Neu voted Ramey voted "aye," and Nelson voted "aye." Motion carried. b. RESOLUTION WHEREAS, the City of Denton, through its Council, and Texas Woman's University, through its President have determined the need for joint planning in anticipation of future needs such as site, street and utilities of the said University, recognizing that any expansion or change of same is directly related to development and change of the City within which the campus is situated; and WHEREAS, the City and the University each have a Master Plan which is not compatibly corelated with the 246 August 12, 1969 (Continued) other, yet to varying degrees, is dependent upon ~ the other; NOW, THEREFORE, BE IT RESOLVED: that the City of Denton in revising and updating its Master Plan, consider the need for mutual and joint planning with Texas Woman's University, giving immediate emphasis on traffic problems within and around the campus area, particularly the improvement or re-routing of Bell Avenue, a necessary thoroughfare, and main- tain a continuous comparison with the Texas Woman's University Master Plan, with a view towards the reduction of all possible conflicts between same; and BE IT FURTHER RESOLVED: that the City of Denton and Texas Woman's University immediately implement the intent of this resolution, and maintain a continuous chanel of communication between them to assure a mo~e efficient and orderly development of the Texas Woman's University area, and to assist each other in solving mutual problems~. PASSED AND APPROVED this 12th day of August, A.D., 1969. Is~ L. A. NELSON, MAYOR CITY OF DENTON, TEXAS ATTEST: Is/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: Is~ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Mdtio~ Was made by Ramey, seconded by Neu that the R~soi'~oh~.~e ad&pted...On ~oll call vote Ayer voted "aye," Neu voted "aye,".~ Ramey ~ote~ "a~e," and Nelson voted "aye." Motion carried. 5. The following Ordinances were presented: a. ORDINANCE NO. 69-28 AN ORDINANCE PROHIBITING PARKING ALONG CERTAIN PORTIONS OF BELL AVENUE; PROVIDING A PENALTY; DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ramey that the Ordinance be adopted. On roll call vote Ayer voted "aye," Neu voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried. b. ORDINANCE NO. 69-29 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS 8 AND 8A OF CITY BLOCK 285 AS August 12, 1969 (Continued) SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer that the Ordinance be adopted. On roll call vote Ayer voted "aye," Neu voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried. c. ORDINANCE NO. 69-3~ AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENTS OF PORTIONS OF CERTAIN STREETS IN THE CITY OF DENTON, TEXAS; ORDERING TO BE PREPARED AN ESTIMATE OF THE COST O' SUCH IMPROVE- MENTS AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS; DIRECTING THE GIVING OF NOTICE; DETERMINING THE COST OF SUCH IMPROVEMENTS SHALL BE PAID BY THE CITY OF DENTON; PROVIDING A METHOD FOR THE REIMBURSEMENT TO THE CITY OF DENTON FOR A PORTION OF SUCH COST BY ASSESSMENT OF A PORTION OF SUCH COST AGAINST THE PROPERTY ABUTTING SUCH IMPROVEMENT; AND FOR THE FIXING OF A LIEN TO SECURE PAYMENT FOR SUCH ASSESSMENT; DIRECTING TH~ CITY SECRETARY TO FILE NOTICE OF THE ASSESSMENT; AND SPECIFYING ACTION UNDER ARTICLE 1105 REVISED CIVIL STATUTES. Motion was made by Ayer, seconded by Neu that the Ordinance be adopted. On roll call vote Ayer voted "aye," Neu voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried. 6. Motion was made by Neu, seconded by Ayer to authorize the City to enter into a contract with Freese, Nichols and Endress for engineering services in the Water and Sewer System as recommended by the Public Utilities Board, and to authorize the Mayor to sign such a contract. Motion carried. 7. The Council discussed at length the purchasing of a turbine generator for the expansion of the electrical system as recommended by the Public Utilities Board. The Council indicated its concurrence with this expansion. 8. Motion was made by Neu, seconded by Ramey that the Tax Adjustment Report for the month of July, 1969, as submitted by Tax Assessor High Mixon, be approved. Motion carried. 9. The City Manager announced that Jack Owen has been named Assistant City Manager and recommended that he be authorized to sign checks in the absence of either the City Treasurer or City Manager. Motion was made by Ayer, seconded by Neu that the recommenda- tion of the City Manager be approved. Motion carried. r ' OR CITY SECRETARY 248 MUNICIPAL BUILDING August 26, 196~ Regular meeting of the City Council, City of Denton, Texas, Tuesday, August 26, 1969, at 7 p. m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Nelson, Mayor Pro Tem Neu, Councilman Finlay; City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Councilmen Ayer and Ramey 1. Motion was made by Neu, seconded by Finlay that the minutes of the meeting of August 12, 1969, be approved. Motion carried. 2. Petitions: a. Mayor Nelson opened a discussion on the petition of Hank Dickerson and Company,, which was tabled at the meeting of August 12, requesting zoning reclassification of City Lots ll & 12, Block 285; City Lots 1, 2, 3 & 4,. Block 283; and City Lot 13, Block 276/D from Agricultural to Planned Development. After hearing proponents and opponents, motion was made by Finlay, seconded by~ Neu to approve a preliminary plat con- taining two cul-de-sacs without proposed walkways. Motion carried. b. A public hearing was held on the appeal of Bob Jones, requesting zoning reclassification of City Lot 17, Block 125, from "MF-I" Multi-family to the Neighborhood Service classification, which was recommended for denial by the Planning and Zoning Commission. No one was present to speak in favor of the petition, but three residents spoke in opposition. Motion was made by Neu, seconded by Finlay that the petition be denied. Motion carried. c. A public hearing was held on the appeal of Tony Raposa. requesting zoning reclassification of City Lots 28 and 28.2, Block 127, from "MF-I" Multi-family to General Retail, which was recommended for denial by the Plan~ing and Zoning Commission. After hearing proponents and opponents, motion was made by Neu, seconded by Finlay that the public hearing be closed and that a continued discussion be held on the petition at the next regular meeting. Motion carried. d. Motion was made by Finlay, seconded by Neu that the following petitions be referred to the Planning & Zoning Commission for its recommendations: .(1)'' Dr. J. K. G. Silvey, et al. (2) Rob Collins Motion carried. 3. The following Ordinances were presented: a. ORDINANCE NO. 69-31 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS 1, 2, 10, 11 AND 12 OF CITY BLOCK 327 AS SHOWN ON THE OFFICIAL TAX MAP OF TNE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Finlay, seconded by Neu that the Ordinance be adopted. On roll call vote Neu voted "aye," Finlay voted "aye," and Nelson voted "a~." Motion carried. August 26, 1969 IContinued) b. ORDINANCE NO. 69-32 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED DRAINAGE FACILITIES IN THE CITY OF DENTON, TEXAS. Motion was made by Neu, seconded by Finlay that the Ordi- nance be adopted. On roll call vote Neu voted "aye," Finlay voted "aye," and Nelson voted "aye." Motion carried. 4. The following Resolution was presented: RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That Jack Owen, appointed Assistant City Manager on the 12th day of August, 1969, by the City Manager, which appointment is in all respects approved by the Council, is empowered to act for, and perform the duties of, the City Manager in his absence, is hereby expressly authorized to sign all checks, vouchers or warrants for the withdrawal of money from the City Depository, when required during the absence of the City Manager, to be countersigned by the Director of Finance. That the said Jack Owen shall file a signature card with the City Depository, along with a co~y of this resolution, and shall provide a surety bond~'with such surety and in such amount as is required of the City Manager. That this resolution shall be effective upon its passage and approval, and remain in full force and effect as long as Jack Owen is Assistant City Manager, unless sooner revoked by act of the Council or of the City Manager. PASSED AND APPROVED this 26th day of August, A. D., 1969. L A. NELSON, MAYOR CITY OF DENTON, TEXAS ATTEST: BROOKS HOLT, CITY SECRETARY' CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Finlay, seconded by Neu that the Resolution be adopted. On roll call vote Neu voted "aye," Finlay voted "aye," and Nelson voted "aye." Motion carried. 5. Motion was made by Neu, seconded by Finlay that Monday, September~15, 1969, at 7 p. m. in the Council Chambers be set as the time, date and place of a public hearing on the 196g-7~ Budget. Motion carried. August 26, 1969 (Continued) Meeting adjourned at 9 p. m. ~ ...... MAYOR NELSON MUNICIPAL BUILDING September 4, 1969 Special Called Meeting of the City Council, City of Denton, Texas, Thursday, September 4, 1969, at 1 p. m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Nelson, Mayor Pro Tem Neu, Finlay, Ramey and Ayer; City Manager, City Attorney, Assistant City Attorney, Director of Utilities and City Secretary. This~Special meeting was called for the purpose of consider- ing bids for a steam turbine generator for the expansion of the Municipal Power Plant, Specification //4904 M-4OA. 1. After hearing a report from the Director of Utilities and comments by the City Manager, motion was made by Finlay, seconded by Neu that the bid for a steam turbine generator for the expansion of the Municipal Power Plant, Specification No. 4904 M-4OA, be awarded to the General Electric Corporation, being the lowest and best bid of $1,718,983, and that the Mayor be authorized to enter into and sign the contract on behalf of the City of Denton as recommended by the Public Utilities Board, the Director of Utilities, Black & Veatch Counsulting Engineers and the City Manager. Motion carried. Meeting adjourned at 1:30 p. m. Mayor "-' ity Secretary MUNICIPAL BUILDING September 8,1969 Special Meeting of the City Council, City of Denton, Texas, September 8, 1969, at 7 p. m. in the Council Chambers of the Municipal Building. ~,/~PRESENT: Mayor Nelson, Mayor Pro Tern Neu, Councilmen Finlay, Ayer and ~:~Z/Tlo~ Ramey; City Manager, Assistant City Manager, Assistant City ~? ~..~. Attorney, Director of Community Development and City Secretary. ~p~e~ ~ ne meeting was held for the purpose of considering the ~ou~neast Denton Paving Project Assessment No. 6. The Mayor opened the ~.Public Hearing and invited comments from citizens on the following '~ Alexamder Street from Bradshaw Street south. No comment. September 8, 1969 (Continued) ' 2. Avenue S from East Prairie south. No comment. 3. Baiie.y Street, from Wilson to the south end of Bailey. ,--"Edga~ Gannett, lq5 South Wood, spoke in favor of paving. 4. Bradshaw ~treet from Wilson to East Sycamore Street. No 6omment. 5. Bradshaw Street from East Hickory to East McKinney. No comment. 6. Chambers Street from Dallas Drive to a private development. Pauline Pruitt, 419 Chambers, asked questions concerning payments. Tom Floyd, representing Simmons Estate, requested general information. 7. Clifton Street from Dallas Drive to Simmons Street. No comment. 8. Cook Street from Simmons Street to Ruth Street. Mrs. McAdams spoke in favor of paving. 9. Cook Street from East Mill to Robertson. Bennte Simmons requested general information. 10. South Crawford Street from East Sycamore to East Mulberry. Mrs. T. C. Hill spoke in favor of paving. 11. Cross Timbers Street from Ruth to East Mill Street. No comment. 12. Duncan Street from Dallas Drive to Morse Street. No opposition. 18. Highland Street from South Locust to Wainright. No opposition. 14. Hill Street f~om Smith ~o East Mill. Mrs. J. H, Jefferson, Mr. Johnson and Iva Clark spoke in favor of paving. 15. Hill Alley from Martin Street to Jackson Street. Noble Holland spoke in favor of paving. 16. Industrial Avenue from the south end of Industrial to Wye Street. "~ ~No comment. 17. Jackson,$.~ree~from Morse to Martin. No comment. 18. Johnson Street from Dallas Dr~ve to East Mill. No comment. 19. Kerley Street from Shady Oaks Drive to Duncan Street. Leon Hirt asked if the right-of-way was sufficient. Mrs. William Clark asked if the street would be curbed and guttered. 20. Maddox Street from East Prairie to the south end of Maddox. Goldie Gibben spoke in favor of paving. 21. Martin Street from Hill Alley to Jackson Street. No comment. 22. Morse Street from Woodrow Lane to Hill Street. Mrs. Charles E. Wilson inquired as to the height of the curb. Archie Kelly spoke relative to the gas lines. Jack Franklin offered to give a 20-foot right-of-way to assure paving. September 8, 1969 (Continued) Mary Lee Fox asked if she had to give a right-of-way. 23. East Mulberry between South Crawford and South Wood. No comment. 24. Newton Street between Morse and Wilson. No comment. 25. East Prairie between Bradshaw and the east end of Prairie. No comment. 26. Simmons Street between Lincoln Park and Dallas Drive. Clyde Mohair asked questions in general. 27. Skinner Street between Robertson and East Prairie. Henry Richardson spoke in favor of paving. 28. Smith Street between Duncan and Dallas Drive. Rufus Ebron and Mrs. A. Watson spoke in favor of paving. L. A. Simpkins asked if the City would use all of the lO-foot right-of-way for the street. 29. East Sycamore Street between Exposition and South Wood. No ~omment. 30. Wainright between East Mill and East Prairie. Bill Kinney spoke in favor of paving. A. L. Champion inquired about the extension of Bell Avenue behind his property and was advised to confer with the City Engineer. Mrs. McAdams asked the order of paving. 31. Wilson Street between Newton and Hill Alley. - No comment . 32. Wye Street between Cross Timbers and Industrial. Bill Kenney and J. H. Jefferson spoke, but voiced no opposition. The Mayor closed the Public Hearing. The City Manager advised that the Council would consider an Ordinance assessing property owners for paving of the above streets on Tuesday night, /'9, at 7 p. m. September Meeting adjourned at 8:50 p.m.~/~ ~~/~' ~~ Mayor ?~ity Secretary MUNICIPAL BUILDING September 9,1969 Regular meeting of the City Council, City of Denton, Texas, September 9, 1969, in the Council Chambers of the Municipal Building. PRESENT: Mayor Nelson, Mayor Pro Tem Neu, Councilmen Ramey, Ayer and Finlay; City Manager, Assistant City Manager, City Attorney, Assistant City Attorney and City Secretary. 1. Motion was made by Finlay, seconded by Neu that the minutes of the regular meeting of August 26, 1969, and the Special called meeting of September 4, 1969, be approved; and that the minutes of the Special meeting of September 8, 1969, be approved with the addition of the following motion w~ich was deleted: MUNICIPAL BUILDING September 9, 1969 (Continued) (Motion was made by Finlay, seconded by Ayer, that the City Attorney be instructed to prepare the paving assessment ordinance using the bid of Jagoe-Public Construction Company for asphaltic base paving, and assessing the property owners at the rate of $3.94 per linear foot. Motion carried.) Motion carried. 2. Bids: a. No. 69-4858: Chemicals Motion was made by Ramey, seconded by Neu that the bid be awarded as follows as recommended by the City Manager: Items 1 (Sodium Hydroxide) and 8 (Sodium Silicofloride) awarded to McKesson Chemicals. Item 2 (Liquid Chlorine) awarded to S. E. C. Corporation. Items 3 (Sodium Hexametaphosphate) and 9 (Sulfuric Acid) awarded to Stauffer Chemicals. Item 4 (Soda Ash) was awarded to Van Waters & Rogers on a draw bid. Items 5 (Ferric Sulphate) and 6 (Activated Carbon) awarded to Thompson Hayward. ' Item 7 (Quicklime) awarded to Austin White Lime. Motion carried. b. No. 69-4864: Rollers & Road Boring Machine. Motion was made by Neu, seconded by Finlay that the bid be awarded as follows as recommended by the City Manager: Items 1, 2, and 4 awarded to Hi-Way Machines. Item 3 awarded to F. M. Equipment Company. Motion carried. 3. Petitions: a. A public hearing was continued on the petition of Tony Raposa requesting zoning reclassification of City Lots 28 and 28:2, Block 127, from "MF-.I" multi-family to General Retail classification. · ~fte~bearing three proponents and three opponents, motion Wa~ mad6 b~ ~econded by Ayer that the petition be denied. Motion carried. b. A public hearing was held on the petition of H & H Construction Company requesting a Specific Use Permit to construct.a drive-through restaurant on City Lot 25, Block 4019/2, in a General Retail zoning district. With no one present for or against, motion was made by Neu, seconded by Finlay that the petition be approved. Motion carried. c. A public hearing was held on the petition of W. K. Mulkey, requesting zoning reclassification of City Lot 14, Block 364, from "MF-I" multi-family, to the Parking classification. A~er hearing one proponent but no opponents, motion was made by Ayer~ seconded by Ramey that the petition be approved. Motion carried. d. A public hearing was held on the petition of Alvin Ellis, requesting zoning reclassification of City Lots 4, 5, 6 and 7, Block 176, from "MF-I" multi-family, to the General Retail classification. After hearing one proponent and no opponents, motion was made by Ramey, seconded by Neu that the petition be denied. Motion carried. e. A public hearing was held on the petition of W. F. Hamilton requesting zoning reclassification of City Lot 8.1, Block 416/A, from the "SF-7" single family 'to the Duplex classification. After hearing one proponent and no opponents, motion was made by Ayer, seconded by Finlay that the petition be approved. Motion carried. f. A public hearing was held on the petition of Joe D. Ashcraft requesting zoning reclassification of City Lot 2, Block 416, from "SF-I" single family to the Commercial classification. After hearing one proponent and no opponents, motion was made by Ramey, seconded b.¥ Finlay that the petition be approved. Motion carried. g. Motion was made by Neu, seconded by Ayer that the petition of George E. Coult to close McCormick Street from Underwood Street south to the point where McCormick Street joins Avenue A be referred to the Planning and Zoning Commission for its recommendation. Motion carried. h. Reports from the Planning & Zoning Commission on Planned Developments: (1) H. W.Down Development Company for Planned Develop- ment zoning on City Tracts 1, 2, and 3, Block 135-C. The City Planner briefed the Council and stated that this was for discussion only with no~official action to be taken - but to make recommendations to the Planning & Zoning Commission. The Council discussed the green area as to mainte- nance and enforcement of maintenance. Some question was voiced relative to cul-de-sacs. The Council concurred, however, that the overall plans appeared very good. (2) Rob Collins relative to Planned Development zoning on City Lot 2, Block 135. The Council voiced some question as to the large loop within the land development, pointing out safety problems that might develop; and the problem of traffic to and from the development was also discussed. 4. Motion was made by Finlay, seconded by Neu that the contract for paving of Southeast Denton using asphaltic base paving be awarded to Public-Construction Company and that the Mayor be authorized to sign such contract. Motion carried. 5. The following Ordinance was presented: ORDINANCE NO. 69-33 AN ORDINANCE CLOSING THE HEARING AND LEVYING AN ASSESSMENT ON THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING THE STREETS SPECIFIED HEREIN; FINDING AND DETERMINING I'HAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS'B£FINED WILL BE SPECIFICALLY BENE- FITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS; FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK; PROVIDING FOR THE MANNER OF PAYMENT OF SUCH ASSESSMENT, THE RATE OF INTEREST AND THE CONDITIONS OF DEFAULT. September 9, 1969 (Continued) Motion was made by Neu, seconded by Ayer that the ordinance be adopted. On roll call vote Neu voted "aye," Ramey voted "aye," Finlay voted "aye," Ayer voted "aye," and Nelson voted "aye." Motion carried. 6. The following Resolution was presented: RESOLUTION WHEREAS, the City of ~enton is operating with a minimum wage scale which was determined under circumstances prevailing more than five years ago; and WHEREAS, intervening increases in the cost of living, and in local salaries and wages, has indicated the need for a review of sa~d wage scale under current circumstances; and WHEREAS, a recent study of the prevailing local wages has justified an increase in the existing hourly rate scale for almost every classification, which study was based upon a variety of reliable information and statistics; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: THAT the attached minimum wage scale is hereby adopted by the City of Denton, supplanting all others, and shall be used in all contracts and specifications for the construction of public works which have not heretofore been advertised for bid; and said official minimum wage scale is hereby determined to fairly r~flect the wages prevailing within the City of Denton and in the immediate vicinity thereof. PASSED AND APPROVED this 9th day of September, A.D., 1969. L. A. NELSON, MAYOR City of Denton, Texas ATTEST: BROOKS HOLT, CITY SECRETARY City of Denton,Texas_ APPROVED AS TO LEGAL FORM: JACK Q. BARTON, CITY ATTORNEY City of Denton, Texas MINIMUM WAGE SCALE The rates below have been determined by the City of Denton, Texas,in accordance with the statutory requirements and prevailing local wages. Overtime shall be paid for at the rate of one and one-half (1-1/2) times the regular rates for every ho~r worked in excess of forty (40) hours per wee~. CLASSIFICATION RATE PER HR. Air Tool Man $1.70 Asphalt Heaterman 2.25 Asphalt Raker 2.00 Batching Plant Scaleman 2.00 Batterboard Setter 2.00 Carpenter, Rough 2.50 Concrete Finisher (Paving) 2.75 September 9, 1969 (Continued) Concrete Finisher Helper (Paving) $2.00 Concrete Finisher (Structures) 2.50 Concrete Finisher Helper (Structures) 1.90 Concrete Rubber 2.00 Flagman 1.60 Form Builder~i (Structures) 2.50 Form Builder Helper (Structures) 2.00 Form Liner (Paving and Curb) 2.60 Form Setter (Paving and Curb) 2.50 Form Setter Helper (Paving and Curb) 1.90 Form Setter (Structures) 2.25 Laborer, Common, and Unlisted Helpers 1.60 Manhole Builder, Brick 2.50 Mechanic 2.60 Oiler 1.90 Painter (Structures) 2.60 Piledriverman 2.50 Pipelayer 2.00 Pipelayer Helper 1.75 Pneumatic Mortarman 1.60 Powderman 2.85 Powderman Helper 2.00 Power Equipment Operators: Asphalt Distributor 2.25 Asphalt Paving Machine 2.25- Bulldozer 2.25 Bulldozer, Fine Grade 2.50 Concrete Paving Curing Machine 2.25 Concrete Paving Finishing Machine 2.50 Concrete Paving Form Gra'der 2.00 Concrete Paving Longitudinal Float 2.25 Concrete Paving Mixer 2.60 Concrete Paving Saw 2.00 Concrete Paving Spreader 2.50 Concrete Paving Sub Grader: 2.25 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel, (Less than 1-1/21C.Y.) 2.25 Crane, ~lamshell, Backhoe, Derrick, Deagline, Shovel (1;~/2 C.Y. & Over) 2.60 Crusher & Screening Plant Operator 1.75 Elevating Grader 1.75 Form Loader 2.00 Foundation Drill Operator 3.00 Foundation Drill Operator Helper 2.00 Front End Loader (1C.Y. & Less) 2.10 Front End Loader (Over 1C.Y.) 2.25 Hoist (Double Drum & Less) 1.75 Hoist (Over 2 Drum) 2.00 Mixer (Over 16 C.F.) 2.25 Mixer (16 C.F. & Less) . 1.90 Motor Grader Operator 2.50 Motor Grader Operator, Fine Grade 2.75 Paint Striping Machine 2.00 Pump Crete 1.75 Roller, Steel Wheel 2.10 Roller, Pneumatic (Self-Propelled) 1.70 Scrapers 2.25 Scrapers, Fine Grade 2.50 Self~Propelled Hammer 1.60 Side Boom 2.25 Tractor (Crawler Type) 80 H.P. & Less 2.'00 Tractor (Pneumatic) 80 H.P. & Less 1.85 Tractor, Over 80 H.P. 2.10 Traveling Plant (Stabilization) 2.25 T~nching Machine, Light 2.00 Trenching Machine, Heavy 2.75 Wagon Drill or Boring Machine 2.00 Reinforcing Steel Setter (Paving) 1.75 Reinforcing Steel Setter (Structures) 2.25 Reinforcing Steel Setter Helper 1.75 Steel Worker (Structural) 2.50 Steel Work~Helper (Structural) 2.00 September 9, 1969 Spreader Box Man $2.00 Swamper 1.75 Truck Drivers: Transit-Mix 1.75 Winch 2.00 Other 1.60 Vibrator Man (Hand Type) 1.60 Weighman (Truck Scales) 1.60 Welder 2.50 Motion was made by Ayer, seconded by Neu .that.the. R~solution be adopted. On roll call vote Neu voted "aye,'! ~amey voted "ayes" Finlay voted "aye," Ayer vo~ed "aye," and. Nelson'voted "aye." Motion carried. 7. Motion was made by Finlay, seconded by Neu that Mr. John Carter be appointed to fill the unexpired term of I. A. Bailey to the Flow Memorial Hospital Board of Managers. Motion carried 8. Motion was made by Ramey, seconded by Finlay that the July statement of Norsworthy-Mercer for advertising in the amount of $2,210.57 be approved. Motion carried. 9. Motion was made by Neu, seconded by Ramey that the Tax Adjustment Report for the month of August, 1969, in the amount of $2,570 be approved. Motion carried. Meeting adjourned at 9:10 p. m. City Secretary MUNICIPAL BUILDING September 15, 1969 A Special Meeting of the City Council, City of Denton, Texas, Monday, September 15, 1969, in the Council Chambers of the Municipal Building, Denton, Texas. PRESENT: Mayor Nelson, Mayor Pro Tem Neu, Finlay, Ayer and Ramey; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Mayor Nelson explained the purpose of-~the meeting--a Public Hearing on the 1969-70 City Budget. 2. Mayor Nelson opened the Public Hearing and requested the City Manager to make any comments he deemed necessary. Tqe Manager briefed the Council and citizens present on the highlights of the proposed Budget, pointing out the major items such as a cost-of-living raise for employees and additional police and fire personnel. The Manager and his staff were commended by ~he Council members for the excellent detailed Budqet preparation. Grant Jacobson, 2409 McCormick, made the following suggestions. and comments: '58 September 15, 1969 (Continued) 1. Combine the City, County and School Tax Offices. 2. Appoint a board composed of realtors and appraisers to reevaluate City property. 3. Inquired about the proposed new fire station in the McCormick and Avenue A area. No action was taken, but the City Manager stated that these problems had been and would be considered. 3. The following Ordinance was presented: ORDINANCE NO. 69-34 AN ORDINANCE ADOPTING THF BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1969, AND ENDING ON SEPTEMBER 30, 1970, LEVYING TAXES FOR THE YEAR 1969 TO BE ASSESSED ON ALL TAXABLE PROPERTY WITHIN '[HE LIMITS OF THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Finlay that the Ordinance be adopted. On roll call vote Ayer voted "aye," Finlay voted "aye," Neu voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried. The Mayor closed the Public Hearing. Meeting adjourned at 7:35 p. m. ~ ~ ~ ~/ L. A. NELSON, MAYOR .... City Secretary MUNICIPAL BUILDING September 23, 1969 Regular meeting of the City Council of the City of Denton, Texas, September 23, 1969, in the Council Chambers of the Municipal Building, Denton, Texas. PRESENT: Mayor Nelson, Mayor Pro Tem Neu, Finlay, Ramey and Ayer; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Ayer, seconded by Finlay that the minutes of the regular meeting of September 9, 1969, and the special meeting of September 15, 1969, be approved. Motion carried. 2. Bids: : a. No. 69-4945: Line construction body and derrick Motion was made by Ramey, seconded by Ayer that the bid be awarded to Utility Equipment Company for a net total of $31,960.50 as recommended by the City Manager. Motion carried. b . No. 69-4963: Antenna tower Motion was made by Finlay, seconded by Neu that the bid be awarded to Delmer L. Barns at a low bid of $1,725 as recommended by the City Manager. Motion carried. September 23, 196~ (Continued) c. No. 69-5050: Street signals Motion was made by Finlay, seconded by Neu that the Bid be awarded to Signal Engineering Company at a low bid of $3,555.99 and to further authorize the City to purchase six (6) additional poles and arms. Motion carried. d. No. 69-5962: Construction-type hole digger Motion was made by Neu, seconded by Ramey that the bid be awarded to Hughes Tool Company at a low bid of $18,.500 and the City to retain the proposed trade-in. Motion carried. 3. Petitions: ~. A Public Hearing was held on the petition of Hank Dickerson and Company requesting zoning reclassification of City Lots 11 and 12, Block 285; City Lots 1, 2, 3 and 4, Block 283; and City Lot 13, Block 276/D, from the Agricultural classification to Planned Development. Proponents and opponents were heard and the matter was discussed at length. The following Ordinance was then presented: ORDINA~OE.~O. 69-35 AN ORDINANCE AMENDING THE ZONING MAP DF THE CITY OF DENTON, TEXAS, AS SAME~WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF~DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO 'CERTAIN PROPERTY KNOWN AS CITY LOTS 11 AND 12 OF CITY BLOC~-285; CITY LOTS 1, 2, 3 AND 4 OF CITY BLOCK 283 AND CITY LOT 13 OF CITY BLOCK 276/D AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED BY PLAT INCORPORATED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Neu that the Ordinance be adopted as amended with Paragraph 11 added as the amendment incorporating the deed restrictions of the Hopkins Hill Subdivision, to be imposed in the Single Family Dwelling area only, and the recommendations of the Planning and Zoning Commission. On roll call vote Ramey voted "aye," Neu voted "aye," Finlay voted "aye," Nelson voted "aye," and Ayer voted "no." Motion carried. b. Motion was made by Neu, seconded by Finlay that the following Petitions be referred to the Planning and Zoning Commission for its recommendations: (1) Petition of Pat Hamilton (2) Petition of George Neely, et al (3) Petition of D. W. Shelton Motion carried. The following Ordinances were presented: a. ORDINANCE!~NO~,~69-36 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS-ADOPTE~.~$AN AP~ND~X~O~TN~ CODE. OF ORDINANCES OF THE.CITY OF.~DENTON, TEX~S,~BY ORDINANCE.~O. 69~], AND AS SAID MAP APPLIES TO CERTAIN PROPER~Y KNOWN AS.CITY LOT 2, OF CITY BLOCK 416 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXA$~ AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. M~tion was made by Neu, seconded by Ayer that the ordinance be adopted. On roll.call vote Ayer voted "aye," Neu voted "aye," Finlay voted "aye," Ramey voted "aye," and Nelson voted "aye," Motion carried. b. ORDINANCE NO. 69-37 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOT 8.1 OF CITY BLOCK 416/A AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Ayer that the ordinance be adopted. On roll call vote Ayer voted "aye," Neu voted "aye," Finlay voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried. c. ORDINANCE NO. 69-38 AN ORDINANCE AMENDING THE] ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOT 14 OF CITY BLOCK 364 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Neu that the ordinance be adopted. On roll call vote Ayer voted "aye," Neu voted "aye," Finlay voted "aye," Ramey voted "~ye," and Nelson voted "aye." Motion carried. 5. Motion was made by Finlay, seconded by Neu that partial payment to Forrest and Cotton, Inc. for plans and specifications on the Carroll Street Thoroughfare in the amount of $23,992.50 be paid. Motion carried. 6. Motion was made by Neu, seconded by Ramey that the auditing firm of Peat, Marwick, Mitchell & Co. be employed as City Auditors for the forthcoming fiscal year as recommended by the City Manager. Motion carried. 7. The Mayor signed a Specific Use Permit for H & H Builders after the Council concurred with the conditions. 8. The following Resolutions were presented: a. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The contract for the improvement of the utilities in the hereinafter named streets was executed on the ls~ day of August, 1969, and the work described on Exhibit A, which is made a part hereof and attached hereto, has been completed, the Director of Community Development of the City of Denton having examined and caused to be inspected the f~nished improvements by the mean~ and in the manner provided by the terms of such contract and of plans and specifications therein contained, and the Director of Community Development having found that such improvements have been constructed and completed in full compliance with the terms of s~id contract and the plans and specifications therein containe~, and having approved~and accepted said improvements, and having recommended that the City Council accept sa~d work and improvements, it is, accordingly, ordered that said work and improvements ha~e been found by the Mayor and City Council of the City of Denton to have been performed and completed in full compliance with the terms of the said contract and plans and specifications, and the same is now hereby accepted and approved by the City of Denton, Texas. PASSED AND APPROVED this 23rd day of September, A.D., 1969. September 23, 1969 (Continued) Is~ L. A. NELSON, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS' HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS CERTIFICATE OF ACCEPTANCE I, Robert L. Pearce, Director of Community Development, of the City of Denton, Texas, do hereby certify to the Honorable City Council of said City that the work of installing water and sewer lines and services in Jacqueline, Dudley and Parvin Streets located in Taylor Park Addition, Denton, Texas, has been substantially completed in accordance with the terms of a contract dated August l, 1969,'entered into by and between the City of Denton, Texas, and Steed Construction Company, of the County of Tarrant, State of Texas. Such water and - sewer improvements have been constructed and substantially completed in full compliance with the terms of such contract dated August l, 1969, and with the plans and specificatons therein contained or referred to, and I do hereby recommend that the Honorable City Council accept and receive said work and improvements as constructed by the said Steed Construction Company; subject to final inspection and approval of the City Engineer. Respectfully ~ubmitted this 12th day of September, A.D., 1969. Is~ Robert L. Pearce Director of Community Development City of Denton, Texas Motion was made by Neu, seconded by Finlay that the Resolution be adopted. On roll call vote Finlay voted "aye," Neu voted "aye," Ayer voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried. b. RESOLUTION WHEREAS; Section 14-3 of the Code of the City of Denton provides that, blasting or demolition with dynamite or any other explosive within the City is unlawful, except upon express permission of ~he City Council; and WHEREAS; this permission has heretofore been given upon the advice and recommendation of the Director of Community Development, who has the particular knowledge of the area and nature of the blast, and after proof of proper insurance has been shown; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That the Director of Community Development is '62 September 23, 1969 (Continued) hereby authorized to issue the blasting permit required by Section 14-3 of the City Code, in the name of the Council, and the said Council hereby delegates such authority until revoked by resolution; provided that, before any such permit is issued, a proper inspection of the site will be made, and proper proof of insurance or bond shall be approved by the City Attorney, in advance of any such blasting. That this resolution shall be effective immediately upon its passage. PASSED AND APPROVED this the 23rd day of September, A.D., 1969. Is~ L. A. NELSON, MAYOR CITY OF DENTON, TEXAS ATTEST: Is~ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: Is~ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Finlay, seconded by Neu that the Resolution be adopted. On roll call vote Finlay voted "aye," Neu voted "aye," Ayer voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried. 9. Motion was made by Neu, seconded by Finlay that the blasting permit requested by the State Highway Department be approved. Motion carried. Meeting adjourned at 8:55 p. m. ........ Mayor · L C IFFY' SECRETARY MUNICIPALS'BUILDING October 14, 1969 Regular meeting of the City Council, City of Denton, Texas, Tuesday, October 14, 1969, at 7 p. m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Nelson, Councilmen Ayer, Neu, Ramey a~d Finlay; City Manager, City Attorney and City Secretary 1. Motion was made by Finlay, seconded by Neu that the minutes of the regular meeting of September 23 be approved. Motion carried. 2. Bids: a. No. 69-5040: Materials for Water Works (Annual Bid). MUNICIPAL BUILDING (Continued) October 14, 1969 Motion was made by Ramey, seconded by Finlay that the bid be awarded as follows as recommended by the City Manager: Items 1 through 4, 33, 35, 66, 70, 72, 76, 79, 80, 84, 97, 118, 121, 123, 191, 192, 312, 329 through 334, 336 through 345, 357, 359 through 369, 371, 374, 375, 377, and 379 be awarded to Bowles and Edens. Items 5, 6, 7 through 32, 37 through 60, 62 through 65, 67 through 69, 71 73 through 75, 77, 78, 81, 82, 85 through 96, 98, 99, lO1 through 103, 105 through 117, 119, 120, 122, 125 through 139, 164 through 180, 182, 188 through 190, 207 through 214, 217, 218, 236, 240, 257 through 262, 267 through 270, 284 through 288, 297 through 311, 313 through 317, 346 through 356, 370, 372, and.373 be awarded to Trans-Tex Supply Items 263 through 266 be awarded to Dresser Company. Items 292 through 296 be awarded to Lone Star Steel. Items 140 through 162 be awarded to Can-Tex. Items 318 through 328 and 335 be awarded to Gilford- Hill Company. Items 163, 181, 183 through 187, 193 through 206, 215, 216, 219 through 235, 246 through 256, 271 through 283, 289 through 291, and 380 through 382 be awarded to Rohan. Items 376 and 378 be awarded to Bass & Hays. Motion carried. b. Bid No. 69-4942: Material for Electrical Department (through April 30, 1969) Motion was made by Neu, seconded by Ayer that the bid be awarded as follows as recommended by the City Manager: Items 1 through 16, 21 through 23, 25 through 27, 30 through 36, 44, 46, 48 through 57, 61, 63, 68, 81 through 84, 96, lll through 113, 116, 118 through 128, 135 through 138, 141, 150 through 169, 230, 248, 252 through~255, 25~, 259, 264,'269 through 271, 276 through 284, 288 through 293,~296 through 298, 312 through 315, 317 through 327, 329 through 36~7373 %hrough 378, 382 through 385, 403, 404, 407, 414, 418, 419, 421, 434, and 435 be awarded to Cummins Supply. Items 17, 20, 24, 41, 105, 129 through 133, 199 through 203, 206, 208, 214 through 219, 227, 228, 247, 260, 316, 328, 367 through 372, 379 through 381, 386 through 388, 390, 396 through 399, 405, 406, 408 through 413, 415, 432 and 433 be awarded to Westinghouse. Items 172 through 178, 220, 251, 311, 416, 417, 420, and 422 through 431 be awarded to Nelson. Items 28, 70 through 72, 78, 85 through 95, 97 through 104, 107, 114, 139 through 140, 142 through 149, 170, 171, 181 through 198, 209 through 213, 221 through 224, 234 through 246, 258, 266, 294, 295, 389, and 395 be awarded to Electrical Associates. Items 29, 37 through 39, 40, 43, 45, 60, 62, 64 through 67, 69, 73 through 77, 79, 106, 108, 110, 179, 180, 249, 265, 272 through 275, 285 through 287, and 391 through 393 be awarded to Graybar. Items 42, 47, 58, 59, 117, 134, 256, 261 through 263, and 400 through 402 be awarded to Williamson. Item'.~09 be awarded to Watson. Item 80 be awarded to Timberland Saw. ~64 MUNICIPAL BUILDING (Continued) October 14, 1969 Items 204, 205, 207, 229, 221 through 233 and 299 through 310 be awarded to Temple. Motion carried. Motion was made by Neu, seconded by Finlay that the following items be awarded on a draw bid as indicated: Items 18, 26l,~226 and 268 be awarded to Westinghouse. Items 19 and 225 be awarded to Nelson Electric. Motion carried. c. Bid No. 69-5127: Sale of Houses Motion was made by Neu, seconded by Ayer that the bids be awarded as follows: Item 1 - 408 Eagle Drive - be awarded to L. F. Powell with a high bid of $3,000. Item 2 - 527 Center Street - be awarded to Jimmy D. Littrell with a high bid of $2,500. Motion carried. 3. Petitions: Motion was made by Finlay, seconded by Neu that the following zoning petitions be referred to the Planning and Zoning Commission for recommendations: a. Petition of C.M.C., Inc. b. Petition of H. W. Down Development Co. Motion carried. 4. The Council considered the proposed Second Amendment to the City Airport Contract with Aerosmith, Inc., recommended by the Airport Advisory Board. Motion was made by Finlay, seconded by Ramey that the second Airport Contract Amendment be approved and that the Mayor be authorized to sign such contract. Motion carried. 5. The Council discussed the proposed sublease by Aerosmith, Inc. to A11-Air International, Inc. Motion was made by Finlay, seconded by Neu to approve the sublease agreement with Aerosmith and All-Air International, Inc., and that the Mayor be authorized to sign such contract. Motion carried. 6. The Council discussed a proposed contract for urban planning between the City of Denton, North Central Texas Regional Planning Commission and Marvin Springer & Associates. Motion was made by Neu, seconded by Ramey that the contract be entered into and that the Mayor be authorized to sign and submit it to the North Central Texas Council of Governments. Motion carried. 7. The following Resolution was presented: RESOLUTION AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DE~NTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14TH DAY OF OCTOBER, A.D., 1069. RESOLUTION WHEREAS; Highway Commission Minute Order 61882 dated January 31, 1969, expressed the intent of the Texas Highway Commission to participate in a traffic operations program to increase capacity and safety (TOPICS) as authorized by the Federal Aid Highway Act of 1968 within the desig- nated boundaries of urban area; and WHEREAS; the City of Denton desires to participate in such a program within the North Central Texas Council of Governments area, and WHEREAS; Highway Commission Minute Order 62136, dated April 2, 1969, stated policies which shall prevail in the selection, improvement, maintenance and operation of a system of city streets and thoroughfares under the "TOPICS" Program. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, THAT: the City of Denton desires to cooperate in the selection and development of specific "TOPICS" projects, based on priorities developed in the areawide "TOPICS" Plan with responsibilities generally as set out in current Highway Department policies. It is anticipated that a detailed agreement will be executed between City and State for each "TOPICS" project prior to its development, stipulate res- ~,~.~ .ponsibilities for the work involved, and establish ~.~ pr~ctical.~maint~nance and operating arrangements. BE I~ ~RTHER RESOLVEb?~' that the City of Denton, Texas, respectfully requests the Texas Highway Department to enter into a contract declaring the City of Denton a "TOPICS" participant, and said City declares that it fully intends, and is able, to fulfill its requirements for same. PASSED AND APPROVED this the 14th day of October, A.D., 1969. /s/ L. A. NELSON, MAYOR CITY OF DENTON, TEXAS ATTEST: Is~ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JACK Q. ~ARTON, CITY' ATTORNEY CITY OF DENTON, TEXAS Motion was made by Ayer, seconded by Finlay that the Resolu- tion be adopted. On roll call vote Ayer voted "aye," Finlay voted "aye," Neu voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried. 8. A Utility Agreement with the Texas Highway Department for Highway 24W was discussed. Motion was made by Ramey, seconded by Ayer that the Agreement with the Texas Highway Department be approved and that the Mayor and the City Manager be authorized to act on behalf of the City of Denton. Motion carried. 9. Plans of the Texas Highway Department for widening Highway 24W from near Malone Street to 35E were studied by the Council. MUNICIPAL BUILDING (Continued) October 14, 1969 Motion was made by Finlay, seconded by Ramey to approve the plans as presented and to authorize the Mayor and the City Manager to sign for the City of Denton, Texas. Motion carried. 10. Motion was made by Finlay, seconded by Neu that the Tax Roll of Real Estate and Personal Property in the corporate limits in the City of Denton, Texas, rendered for taxation for the year 1969 as submitted by the Board of Equalization be adopted. Motion carried. 11. Motion was made by Neu, seconded by Finlay that the City of Denton Tax Adjustment Report for September, 1969, in the amount of $3,903.13 be approved as presented by Hugh Mixon Tax Assessor-Collector. Motion carried. 12. Mr. J. J. Crimm, Regional Manager of Lone Star Gas Company, presented his company§ request for a gas rate increase in the corporate limits of the City of Denton. No action was taken. 13. Councilman Ayer requested that the matter of making the access roads on interstate highways within the corporate limits one way be taken under consideration at the next regular meeting. Meeting adjourned at 9:18 p.m. ~' MAYOR CITY S~ECRETARY MUNICIPAL BUILDING November 4, 1969 Regular meeting of the City Council, City of Denton, Texas, Tuesday, November 4, 1969, at 7 p. m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Nelson, Mayor Pro Tem Neu, Councilmen Finlay, Ayer and Ramey; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Ramey, seconded by Neu that the minutes of the regular meeting of October 14, 1969, be approved. Motion carried. 2. Bids: a. No. 69-5308: Coin-Operated Lockers Motion was made by Neu, seconded by Finlay that the bid be awarded to the American Locker Company, Inc., at a low bid of $2,047.68, as recommended by the City Manager. Motion carried. b. No. 69-5301: Mobil 2-Way Radios Motion was made by Finlay, seconded by Ayer that the bid be awarded to General Electric Company with a net total bid of $11,077.95 for seventeen (17) units, as recommended by the City Manager. Motion carried. c. No. 69-5272: Aerial Platform Motion was made by Neu, seconded by Finlay that the bid be awarded to Utility Equipment Company at a low bid of $3,170.00 net, MUNICIPAL BUILDING (Continued) as recommended by the City Manager. Motion carried. d. No. 69-5302: Tractor, loaders-backhoe Motion was made by Ramey, seconded by Ayer that Item 1 less Rig No. 120 trade-in be awarded to the low bidder, Clovis George Tire Company, at $13,502.32 net for two tractors, loader- _ backhoe. Item 3 less trade-in of Rig No. 119 be awarded to the low bidder meeting specifications, Clovis George Tire Company, at $9,935.59 net for one large tractor backhoe. Item 5 less trade-in of Rig No. 140 be awarded to the low bidder meeting specifications, Berry Brothers Machinery Company, at $30,625 net after trade~in. Motion carried. e. No. 69-5079: Inline Submersible Pump Motion was made by Finlay, seconded by Neu that the bid be awarded to L. C. Patterson Trenching Service at the low bid meeting the specifications at $4,768.36, less the floor, lid and hardware at $575, for a net total of $4,193.36. Motion carried. 3. Motion was made by Finlay, seconded by Neu that the City execute the TOPICS Agreement with the State Highway Department, and that the Mayor be authorized to sign such Agreement in and for the City of Denton. Motion carried. 4. Motion was made by Neu, seconded, by Ayer that an Agreement - with the State Highway Department for improvements to State Highway 24W from Malone Street west to the AT &~SF Railroad be approved and that $264,000 be appropriated as the City of Denton's share of such improvements. Motion carried. 5. The following Resolutions were presented: a. RESOLUTION WHEREAS, the Resolutions pertaining to the Project of Aubrey Reservoir, declaring the City's interest and ability to participate, heretofore passed by this Council, referred to the proposed Reservoir as "The Aubrey Reservoir" or the "Aubrey Reservoir Project"; and WHEREAS, at Page 16 of Volume I House Document No. 276, and Section II,, Public Law 89-298, of the 89th Congress, the said project was officially designated as "AUBREY RESERVOIR (INCLUDING MODIFICATION OF GARZA-LITTLE ELM RESERVOIR)" NOW, THEREFORE, in order to conform to the official designation of this project as stated in said House Document and Public Law,, and to reflect the correct name; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, THAT: the Resolutions regarding the Aubrey Reservoir Project heretofore passed by this Council on the 25th day of February, and the 22nd day of July, 1969, respectively, and ~11 official related correspondence by this Council, be hereby amended to add (including modification of Garz~-Little Elm Reservoi r) after each reference to AUBREY RESERVOIR and AUBREY RESERVOIR PROJECT therein, and that the official MUNICIPAL BUILDING (Continued) designation of the Project referenced in such former Resolutions, Assurances and Correspondence shall hereafter be "Aubrey Reservoir (including modification of Garza-Little Elm Reservoir)". PASSED AND APPROVED this th6 4th day of November, A.D., 1969. ~si L. A. NELSON, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si JACK Q. BARTON, CITY A~¥~RNEY CITY OF DENTON, TEXAS Motion was made by Neu, seconded by Ramey that the Resolution be adopted. On roll call vote Ayer voted "aye," Finlay voted "aye," Neu voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried. b. RESOLUTION ~-~ WHEREAS, this Counci'l has heretofore planned a thoroughfare system connecting Fort Worth Drive (U. S. Highwas 377) with University D~ive (formerly State Highway 24) known as the Carroll Thoroughfare Project, which project has been preliminarily designed and funded; and WHEREAS, the Council contemplates said thoroughfare to be constructed of concrete pavement with integral curb and gutter as a typical section within a right of way one hundred (100) feet in width between said Fort Worth Drive (U. S. Highway 377) and Hickory Street; and ninety (90) feet in width from Hickory north; and WHEREAS, the State of Texas Highway Department seeks assurance of the City of Denton's participation in relocating U. S. Highway 377 along this thoroughfare; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, THAT: the Council of said City hereby approves the proposed relocation of U. S. Highway 377 along the Carroll thoroughfare, and agrees to participate in the cost of improving mame, including the acquisition of additional right of way, adjustment of utilities, storm sewers and curb and gutter, in accordance with the Municipal ---. Policy of the Texas Highway Department. PASSED AND APPROVED this the 4th day of November,,A.D., 1969. /s/ L. A. NELSON, MAYOR CITY OF DENTON, TEXAS ATTEST: Ls/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: Zs/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Ayer, seconded by Finlay that the Resolution be adopted. On roll call vote Ayer voted "aye," Finlay voted "aye," Neu voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried. The Council discussed at length the petition of C. M. C., Inc., requesting planned development classification for City Lots 1-36,.Block 176T and Lots 1-7, Block 176U, which are currently classified SF-7. After hearing proponents and being briefed by the City Planner, motion was made by Neu, seconded by Finlay that the preliminary plan be approved. Motion carried. 7. Motion was made by Neu, seconded by Ramey that a corrected Hangar Lease Agreement between Aerosmith Denton, Inc., and All-Air International, Inc., and Otto E. Witbeck be approved. Motion carried. 8. The statement of Norsworthy-Mercer, Inc., was considered. Motion was made by Ayer, seconded by Ramey that action be tabled for ' furthe~study'until the next regular meeting. Motion carried. 9. The City Manager and the Director of Util~ies briefed the Council on the proposed advertising for bids for boiler and boiler controls for the electric system steam plant expansion. Motion was made by Neu, seconded by Finlay to authorize the Director of Utilities to advertise for bids for a boiler and boiler controls as recommended by the Public Utilities Board. Motion carried. 10. The Council considered the request of Mrs. Thomas Cain who requested sewer service outside the City Limits. Motion was made by Finlay, seconded by Ramey that this request be granted. Motion carried. II. The City Manager requested a transfer of funds from Community Development to the Street and Bridge Department. Motion was made by Ramey, seconded by Neu that the transfer be approved. Motion carried. 12. The following Ordinance was presented: ORDINANCE NO. 69-39 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS. Motion was made by Ayer, seconded by Neu that the Ordinance be adopted. On roll call vote Ayer voted "aye," Finlay voted "aye," Neu voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried. 13. The following Resolution was presented: RESOLUTION WHEREAS, heretofore,, on the 12th day of June, 1969, the City of Denton entered into pooling arrangements with other utility systems to gain economic benefits which can accrue from such pooling or ~haring of resources resulting in reduced investment costs, requiring~ less stand--by equipment, known as the TEXAS MUNICIPAL POWER POOL.. THEREFORE.BE IT RESOLVED B~ THE COUNCIL OF THE CITY OF DENTON, TEXAS: that the Res~luti-on dated June 12, 1969, authorizing the Mayor of the City of Denton to sign a joint contract with the Texas Municipal Power Pool for the mutual exchange of electricity between said members, is hereby amended to substitute new designated official representatives to said power pool which representatives shall hereafter be James White, City Manager and Doug MUNICIPAL BUILDING (Continued) Blackburn, Director of Public Utilities, or their appointed alternate, and their acts shall be official acts of the City of Denton; and that said individuals be further designated as the City of Denton's members of the Pool Committee as defined in said contract. PASSED AND APPROVED this the 4th day of November, A.D., 1969. /s/ L. A. NELSON',' MAYOR CITY OF DENTON, TEXAS ATTEST: /.s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Neu, seconded by Finlay that the Resolution be adopted. On roll call vote Ayer voted "aye," Finlay voted "aye," Neu voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried. 14. The Council ppened a discussion of the request of the Texas Highway Department for one-~way access roads on Interstate Highways. Councilman Ayer stated that the Council had an obligation to act since the Highway Department and Planning and Zoning Commission had recommended that the access roads be one-way. Motion was made by Ayer that the recommendation of the Planning and Zoning Commission for one-way traffic on access roads from M~yhill Road to University Drive West be approved but not until completion of exits and entrances in the area of the new Interstate Highway interchange. A discussion followed with eleven interested citizens expressing their opinions. Councilman Finlay stated that the City should confer further with the Highway Department'. to determine when and if exit and entrance structures are to be completed before the Council takes any definite action. Motion was made by Ramey, seconded by Finlay that the matter be tabled until the Highway Department is contacted and further information is obtained. Motion carried four to one. 15. Oscar Kirzner, a NTSU student, proposed that a Resolution be passed by the Council supporting fundamental rights of citizens to express their basic righ%s of peaceful assembly for a moratorium on November 14 and 15. Mayor Nelson stated that such action was unnecessary since the Constitution included this basic right of the individual to assemble peacefully. Motion was made by Ramey, seconded by Neu that such a Resolution be-disapproved. Motion carried unanimously. Meeting adjourned at 9:50 p. m. T, tA~bR~ ,, ~ , ~' ' i . ~ CITY SECRETARY" MUNICIPAL BUILDING November 12, 1969 Special meeting of the City Council, City of Denton, Texas, Wednesday, November 12, 1969, at 7 p. m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Nelson, Mayor Pro Tem Neu, Councilmen Finlay, Ayer, and Ramey; City Manager, Assistant City Manager, City Attorney, and City Secretary. 1. Motion was made by Neu, seconded by Ayer that the minutes of the meeting of November 4, 1969, be approved. Motion carried. 2. Bids: ~.. No.' 69~389, ~¥ucks,~.pickups· and cars Motion was made by Neu, seconded by Ramey that Item l(a) be awarded to Merrell Buick GMC, the low bidder, without trade, for two (2) GMC Trucks at $5,017.07 each or $10,034,14 for the two trucks. Motion carried. 3. TaxAssessor-Collector, Hugh Mixon, submitted the Tax Adjustment Report for the month of Oct¢~er, 1969. Motion was made by Ayer, seconded by Ramey that the Tax Adjustment Report for October, 1969, be approved as recommended by the City Manager. Motion carried. 4. Petitions: a. The Mayor opened a public hearing on the petition of Harry Down, requesting zoning reclassification of City Tracts 3 and 4, Block 1005, from Agricultural to Commercial. After hearing proponents and three residents of the area in opposition, motion was made by Ramey, seconded by Ayer that the petition be approved as recommended by the Planning and Zoning Commission with the stipulation that the si~e plan be submitted and approved when the Ordinance is passed. Motion carried. b. Motion was made by Neu, seconded by Finlay that the petition of Don Hickey, requesting zoning reclassification of City Lot 7, Block 324, from '~4F-l"Multi-family to General Retail, be referred to the Planning and Zoning Commission for its recormnendation. Motion carried. 5. Motion was made by Finlay, seconded by Neu that the following citizens be named to the Building Code Board of the City of Denton, Texas: a. Gerald Stone b. Tom Davis John Matt Howard e. Freddie Reed Motion carried. 6. The Mayor asked the City Manager to refer the request of the Boy Scouts to camp in City Parks to the Parks and Recreation Board for its recon~nendations. 7. A Public Hearing was held on the proposed annexation to the corporate limits of th~ City, of Denton. Speaking against the proposed annexation were the following citizens: Mrs. Tom Richardson Ronnie McCutchin Bill Williamson Tip Hall Jack McFarling W.T. Smith Gerald Stockard Mrs. H. W. Pockrus John Davidson Sam Sonntag Winnette Portwood Hoyt Cole M. C. Burch Richard Hensley Mack McGalliard Mark Hannah Mr. ~ Mrs. Lyndon Wilson M.M. Long November 12, 1969 Felix Callahan John D~. Davis Pat Breen Bill Lynch Mrs. B. A. Weaver Mrs. GradyMattheson Mrs. Homer Smith Tha Mayor then closed the Public Hearing and advised the group that the Council would take action on the matter at the next meeting Tuesday, November 18, at 7 p. m. in the Council Chambers. Meeting adjourned at 10:50 p. m. " '" MAYOR CITY ~ECRETAR~ MUNICIPAL BUILDING November 18, 1969 Special meeting of the City Council, City of Denton, Texas, Tuesday, November 18, 1969, at 7 p. m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Nelson, Mayor Pro Tem Neu, Councilmen Finlay and Ramey; City Manager, Assistant City Manager, City Attorney and ~cting City Secretary. ABSENT: Councilman Ayer. 1. The Mayor opened the meeting and asked the City Manager to explain its purpose. The City Manager gave a presentation explaining the various areas in the annexation and explained the Planning and Zoning Commission's recommendation to the City Council for the annexation. The Mayor then explained to the Council and the audience that, based on these recommendations, he was in favor of the annexation proposed. He stated that the Council must make long-range plans for the orderly development of the City, and added that it was this failure to do so in the past that has created a special need now. He said that there was no other reasonable alternative to this annexation, and for it to be delayed or deleted would only compound the problem at a later date. He also directed a request to the City Staff to begin a study of the feasibi- lity of annexing that area known as Ranch Estates. 2. Motion was made by Neu, seconded by Finlay, that the annexation as presented in the field notes be accepted. The Mayor asked for a roll call vote. Ramey voted "aye," Finlay voted "aye," Neu voted "aye," and the Mayor voted "aye." The motion carried unanimously. 3. The following Ordinance was presented: ORDINANCE NO. 69-40 AN ORDINANCE ANNEXING CERTAIN TRACTS OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, SITUATED IN DENTON COUNTY, TEXAS, SAID LAND BEING FULLY DESCRIBED IN EXHIBIT A INCORPORATED HEREIN; CLASSIFYING q%{g SAME AS AGRICULTURAL DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ramey, that the ordinance be preliminarily adopted to include the area described in the published November 1.8, 1969 (Continued) field notes as Exhibit '~," and classify the said land in the Agricultural zoning district. On a roll call vote Rameyvoted "aye," Finlay voted "aye," Neu voted "aye," and the Mayor voted "aye." Motion carried unanimously. 4. Motion was made by Ramey, seconded by Neu, to direct the City Staff to study the feasibility of annexing R~ch Estates as discussed by the Mayor and to bring the results ~o the Council as soon as possible. Motion carried. 5. Motion was made by Neu, seconded by Finlay to adjourn the meeting at 7:25 p. m. Motion carried. MAYOR MUNICIPAL BUILDING November 25, 1969 Regular meeting of the City Council, City of Denton, Texas, November 25, 1969, at 7 p. m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Nelson, Councilmen Finlay, Ramey and Ayer; City Manager, Assistant. City Manager, City Attorney and Acting City Secretary. ABSENT: Mayor Pro Tem Neu 1. Motion was made by Finlay, seconded by Ayer that the minutes of the Special meetings of November 12, 1969, and November 18, 1969, be approved. Motion carried. 2. Bids: a. No. 69-5389 Trucks, Cars and Pickups Motion was made by Finlay, seconded by Ramey that the bid be awarded as follows as recommended by the City Manager: Item 2, truck and dump bed, be awarded the low bidder meeting the specifications, Banner Chevrolet at $4,059.97. Item 3, one-ton truck chasis, awarded the low bidder Merrell Buick at $2,018.50. Item 4, four one-half ton pickups, be awarded the low bidder meeting the specifications, Banner Chevrolet, at $7,234.84. Item 5, three truck chasis for Sanitation, be awarded the low bidder meeting the specifications, Bill Utter Ford at $14,175, less trade-in of items 12, 13 and 14 at $2,574, for the net total of $11,601. Item 6, 3/4-ton pickup with dump, awarded the low bidder meeting the specifications, Bill Utter Ford, at $2,750 less trade-in of Item 15 at $550 for the net total of $2,200. Item 7, two executive cars, awarded the low bidder meeting the specifications, Bill Utter Ford, at $5,050, less trade-in of Item 26 at $550 for the net total of $4,500. MUNICIPAL BUILDING November 25, 1969 (Continued) Item 8, five police patrol cars, be awarded the low bidder meeting the specifications, Bill Utter Ford, at $13,825, less trade~in of items 21, 22, 23, 24 and 25 of $6,500 for the net total of $7,325. Item 9, two police unmarked cars, be awarded the low bidder meeting the specifications, Bill Utter Ford, at $5,590, less trade-in of Items 19 and 20 of $2,600 for the net total of $2,990. Item 10, four police executive cars, be awarded the iow bidder meeting the specifications, Bill Utter Ford, at $11,280, less trade-in~%of.~. Items.~.~.~,~.16, 17. · and 18 of $2,850 for the net total of $8,430. ~- M~tio~.carried. b. NO. 69-5382 Fire Department Miscellaneous Equipment Motion was made by Ramey, seconded by Finlay that the bid be awarded the low bidders meeting the specifications, as follows as recommended by the City Manager: Items 1 and 2, fire hose, be awarded to Dan E Lake . Item 3, portable monitor, be awarded to Arthur Dooley & Sons. Item 4, hose control, be awarded to Dan E. Lake. Item 5, hose clamp, be awarded to Arthur Dooley & Sons Items 6 and 7, air mask and bottles, be awarded to Dan E. Lake. Item 8, air pack brackett, be awarded to DanE. Lake. Motion carried. c. No. 69-5417 Sale of American Legion Building Motion was made by Finlay, seconded by Ayer that the bid be awarded to W. L. Hunter at the low and only bid of $513, as recommended by the City Manager. Motion carried. 3. Petitions: Motion was made by Finlay, seconded by Ramey that the petition of Gene Wilburn, et al, to close Wilshire between Avenue C and Kendolph, be referred to the Planning and Zoning Commission for its recommendations. Motion carried. 4. Ordinances: a. ORDINANCE NO. 69-41 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69.1, AND AS SAID MAPAPPLIES TO CERTAIN PROPERTY KNOWN AS CITY TRACTS 3 AND 4 OF CITY BLOCK 1005 AS SHOWN ONTHE OFFICIAL TAX MAPOFTHE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARINGANEFFECTIVE DATE. Motion was made by Finlay, seconded by Ramey that the Ordinance be adopted subject to submission of the approved plat, with the Ordinance to be effective upon submission of said plat, at which time the Mayor will sign the above captioned Ordinance. On roll call vote Ayer voted "aye," Ramey voted "aye," Finlay voted "aye," and Nelson voted "aye." Motion carried. :76 MUNICIPAL BUILDING (Continued) November 25, 1969 b. ORDINANCE NO. 69-zi2 AN ORDINANCE AMENDING THE. CODE OF THE CITY OF DENTON, TEXAS, DECLARING CERTAIN ACTS OF LOITERING OR. PROWLING TO BE UNLAWFUL; DEFINING THE SAME; AND PROVIDING A PENALTY FOR VIOLATIONS THEREOF; DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Ayer that the Amendment to the Code of Ordinances, Section 14-38, be adopted. On roll call vote Ayer voted "aye," Finlay voted "aye," Ramey voted "aye," and Nelson voted "aye." Motion carried. 5. Motion was made by Finlay, seconded by Ramey that the corrected statement of Norsworthy-Mercer, Inc., for the months of August, September and October, 1969, in the total amount of $3,272.38, be approved. Motion carried. 6. Motion was made by Finlay, seconded by Ayer to approve the purchase of an alarm system for the Power and Water Treatment Plants. Motion carried. 7. Motion was made by Finlay, seconded by Ayer to approve the purchase of a transformer oil filtering service for the Municipal Power Plant. Motion carried. 8. Motion was made by Finlay, seconded by Ramey to approve the purchase of enumerated electrical facilities at the Western Mobile Home Park as recommended by the Public Utilities Board. Motion carried. 9. Royce Coleman and Bradford Gibson, representing Travel and Cruise Service, Inc., and Tom Hall and John Sullivan, representing Denton Cabs, Inc., appeared relative to the request of transfer of ownership of Denton Cabs, Inc., to the-Travel and Cruise Service, Inc. After considerable discussion, mot{on was made by Ramey, seconded by Finlay to approve the transfer of ownership, permits and licenses previously issued to the equipment of Denton Cabs, Inc., to Travel and Cruise Service, Inc. Motion carried. 10. Mr. J. J. Crimm, representing Lone Star Gas Company, inquired as to the Conrpany's rate increase proposal. Motion was made by Finlay, seconded by Ayer that the rate increase proposal be placed on the Council agenda at the next regular meeting of December 9, 1969. Motion carried CYiTY SECRETARY MIMIC IPAL BUILDING December 9, 1969 Regular meeting of the City Council, City of Denton, Texas, l~uesday, December 9, 1969, at 7 p. m.. in the Council Chambers of the Municipal Building. PRESENT: Mayor Nelson, Mayor. Pro Tern Neu, Councilmen Ayer, Finlay and Ramey; City M~mager, Assistant City Manager, City Attorney and Acting City Secretary. December 9, 1969 (Continued) 1. Motion was made by Finlay, seconded by Ramey to approve the minutes of the regular meeting of November 25, 1969. Motion carried. 2. Bids: a. No. 69-5504: 3-wheel vehicles Motion was made by Ayer, seconded by Finlay that the bid be awarded as follows: Item 1, three-wheel cushman vehicle for Police Department, be awarded to Fork Lift Sales at $2,005, as recon~nended by the City Manager. Motion carried. Item 2, a trade or sale of Rig# 57 (three-wheel Harley - Davidson), not be traded at $275, but that negotiations be made for a higher price, as recommended by the City Manager. Motion carried. Item 3, 12 Horsepower Cushman Turf-Truckster for the Parks Department, be awarded to Colonial Motors at $1,720, as recommended by the City Manager. Motion carried. b. No. 69-5505: Corregated metal pipe Motion was made by Ramey, seconded by Neu that the bid be awarded to the low bidder meeting specifications, Metal Products Division, Armco Steel Corporation, for the net total of $3,401.08, FOB Denton, as recommended by the City Manager. Motion carried. c. No. 69-5518: Post grinder with interchangeable quills for Machine Shop Motion was made by Finlay, seconded by Neu that the bid be awarded to the overall low bidder, Briggs-Weaver, at the total of $1,027.60, as recommended by the City Manager. Motion carried. d. No. 69-5524: Sale of scrap materials Motion was made by Neu, seconded by Finlay that the bid be awarded to the highest and best bidders as follows: Item 1, Aluminum Wire, be awarded as draw bid to Alexander at $7.00 c. w. t. Item 2, Copper Wire, be awarded to Edwin Fulton, at $40.15 c. w. t. ~.~ I~em~ scr~p~m~al~ (Electric) Draw, Evans at $.75 c. w. t. I~em ~, Sc~j~et~l (Water), be awarded to Alexander Metal at $1.15 c. w. t. Item 5, Lead Cable, be awarded to Alexander Metal at $12.00 c. w. t. Item 6, Control Cable, be awarded to Alexander Metals, at $26.00 c. w. t. Motion carried.~' e. No. 69-5528: Chip Spreader Motion was made by Ramey, seconded by Ayer that the bid be awarded to the lowest and best bidder meeting the specifications, McElroy Transport Company, at $10,000, as recommended by the City Manager. Motion carried. ]78 December 9, 1969 (Continued) f. Bid No. 69-5502: Meters and allied Equipment Motion was made ~by Neu, seconded by Ramey that the bid be awarded to the low, local, stocking and firm bidder meeting the specifications as follows: Items 1, 4, 6 through 9, 19, 22 through 25, 28 and 32, be awarded to Cummins Supply Co., as recommended by the City Manager. Items 2, 3, 5, 10 through 14, 17, 20, 21, 26 and 27 be awarded to Westinghouse Supply Company as recommended by the City Manager. Items 15, 16 and 18 be awarded to Associated Engineering Company, as recommended by the City Manager. Motion carried. 3. Petitions: a. Streets: (1) A Public Hearing was held on the appeal of North Texas State University to close Chestnut Street between Avenue A and Avenue C; Avenue B between Chestnut Street and Mulberrry Street; Sycamore Street between Avenue B and Avenue C; and Avenue B between Maple Street and Highland Street. Dr. James Rogers represented North Texas State, along with Scott GarrisOn; Assistant Attorney General Fred Minor, local attorney and three interested local citizens. Earl Coleman represented the opposition. After considerable discussion, motion was made by Neu, seconded by Finlay to take the matter under advisement for further study and to consider the matter at the next meeting. Motion _ carried. (2) A Public Hearing was held on the request of George E. Coult to close McCormick Street from Underwood Street, south to the point where McCormick Street joins Avenue A. After hearing two proponents and six opponents, motion was made by Finlay, seconded by Ramey to table the petition for further study. Motion carried. b. Petitions: (1) A Public Hearing was held on the petition of C. M. C., Inc., requesting zoning reclassification of City Lots 1 through 36, Block 176T, and City Lots 1 through 7, Block 176 U, from "SF-7", Single family, to the Planned Development classification. Motion was made by Ramey, seconded by Finlay to approve the petition from Single family, to the Planned Development with the condition that enough right-of-waybe provided along Mingo Road for an 80 foot right-of-way and to include following chapters of the Denton City Code: 1. Article I, Chapter 5, referring to fire limits and that all structures excluding the residential structures will be considered to be in fire zone number two (2). 2. Article II, Chapter 5, requiring all structures will be built in conformance with the SOUT~RN STANDARD BUILDING CODE as approved by the City of Denton. 3. Article III, Chapter 5, referring to fences including Ordinance 69-24. 4. Ail electrical work will be completed with compliance to the NATIONAL ELECTRICAL CODE and Articles I-III of Chapter 9 of the Denton City Code. December 9, 1969 (Continued) 5. Article I-V, Chapter 17, regarding plumbing and gas. 6. Article II, Chapter 21, regarding construction or repair of streets, sidewalks, curbs and gutters. 7. Article I-VII, Chapter 25, regarding utilities. 8. Appendix A, Article 13.01-13.09 regarding subdivision regulations and site plans. 9. Require that the developer construct and dedicate to the City of Denton, streets, right-of-ways, and utilities shown on and required by the attached plat. Motion carried. (2) A Public Hearing was held on the petition of Don Hickey, requesting zoning reclassification of City Lot 7, Block 324, from '~F-I", Multi-family, to the General Retail classification. After hearing proponents and no opponents, motion was made by Ramey, seconded by Neu to approve the petition. Motion carried. c. For Referral ~ly: (1) Motion was made by Finlay, seconded by Neu that the request of John Sargent for a Specific Use Permit to operate a mobile home park on City Lot 8, Block 415, in an Agricultural zoning district, be referred to Planning and Zoning Conmission for its recomm- endation. Motion carried. (2) Motion was made by Finlay, seconded by Neu that the petition of Mrs. Kathleen Floyd, requesting zoning reclassification of City Lot 14, Block 4027, from '74F-1", Multi-family, to the General Retail classification, be referred to the Plam~ing and Zoning Commission for its recommendation. Motion carried. Moti6n was made by Neu, seconded by Finlay that the following named citizens be appointed to the City-County Health Commission: 1. Mrs. T. W. McDaniel Sanger 2. Bill Hilz Pilot Point 3. Louis Tate Justin 4. Jerry Cobb Lewisville 5. Ray Stephens Denton 6. Bob Toulouse Denton 7. Dr. Ted Booker Denton 8. Lonnie Yarbrough Denton 9. Mrs. Tom Alcoze Lewisville Motion carried. 5. Motion was made by Neu, seconded by Ramey to approve the Tax adjustment Report for the month of November, 1969, as submitted by T~x Assessor HughMixon. Motion carried. 6. Motion was made by Neu, seconded by Finlay to approve the Architectural Contract with Gerald Stone to design the new Fire Substation and to authorize the Mayor to sign same. Motion carried. 7. The following Ordinance was presented: ORDINANCE NO. 69-43 AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND CON~4ERCIAL CONSUMERS WITHIN THE CITY LIMITS OF DENTON, DENTON COUNTY, TEXAS, AND DECLARING THE EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer to adopt the above captioned Ordinance. On roll call vote Ayer voted "aye", Finlay voted "aye", Ramey voted "aye", Neu voted "aye", and Nelson voted "aye". Motion carried. 8. The Council considered the request of Flow Memorial Hospital for financial assistance. December 9, 1969 (Continued) After considerable discussion, Motion was made by Ramey, seconded by Finlay to tabile the matter until the next regular Council meeting. Motion carried. 9. Motion was made by Finlay, seconded by Ayer, to approve the contract with Forrest and Cotton for engineering work on Parkway and Henry Streets and to authorize the Mayor to sign same. Motion carried. 10. A Minute Order from General Service Administration to purchase a tract of land at McKinney and N. Locust Streets from the City of Denton was discussed. Motion was made by Ayer, seconded by Neu to authorize the sale of a tract of land at McKinney and N. Locust Streets to the General Service Administration of the United States Government for $35,731.95 and to authorize Mayor to sign same. Motion carried. 11. Motion was made by Ayer, seconded by Neu to change the t55ne of the next regular meeting of December 23, 1969, from 7 p. m. to 1:30 p. m. Motion carried. Meeting adjourned at 10:37 p.m. ~.~/~0 ~~~ YOR C I~T'F SECRETARY MUNICIPAL BUILDING December 23, 1969 Special meeting of the City Council, City of Denton, Texas, Tuesday, December 23, 1969~ at 1:30 p. m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Nelson, Mayor Pro Tem Neu, Councilmen Ayer, Finlay and Ramey; Clty Ma~ager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made By Finlay, seconded by Neu to approve the minutes of the regular meeting of December 9, 1969. Motion carried. 2. BIDS: a. No. 69-5566: Batteries & Tires Motion was made by Neu, seconded by Flnlay that the bid for Batter±es, ITEM 1, be awarded to Sam Laney, Inc. and ITEM 2, T~res, be awarded to Goodyear as reco~mnendee by the City Manager. Motion carried. b. No. 69-5567: Cement, Lime and Road Materials Motion was made by Neu, seconded by Ayer that the Bid be awarded as follows, as recommended by the City Manager: ITEMS 1, 2, & 3, Be awarded to Moore Building Products at $1.62, $1.52 and $.90 per sack respectively. ITEM 5, be awarded to Trinity Portland Cement at $4.34 per Bbl. December 23, 1969 (Continued) ITEM 6, be awarded on draw bid to Austin White Lime at $18.90/ton. ITEMS 8, 9, & 11, he awarded to Farmer Sand & Gravel at $2.10/ton, $2.60/ton and $1.50/cu. yard respectively. ITEM 10, Crushed Stone (Flex BAse) be awarded to Gilford H±ll at $2.20/ton. 1TEMS 12 & 13, FOB Denton, on draw bid, awarded to Wright Asphalt at .1050/gal. and .1075/gal. respectively. ITEM 14, FOB Denton be awarded to Southern Asphalt at .10/gal. ITEMS 12, 13 & 14, FOB plants be awarded to Wright Asphalt at .l175/gal., .1200/gal, and .0925/gal. respectively. ITh~4S 15, 16, 17 & 18, be awarded to Gifford-Hill at $3.80/ton. FOB Denton. ITEMS 19, 20 & 21 be awarded to Uvalde Rock at $5.03, $5.13, and $5.23 respectively. ITEMS 22, 23 & 24 be awarded to Gifford-Hill at $5.00, $5.00 and $5.40 respectively. ITEM 25, be awarded to Uvalde Rock at $S.43/ton. Motion carried. c. No. 69-5568: Ready-mix Concrete Motion was made by Finlay, seconded by Ramey that bid be awarded to Denton Concrete Company, as recommended by the City Manager. Motion carried. d. No. 69-5597: Line Marking Machine Motion was made by Ramey, seconded by Neu that the bid be awarded to Martin Equipment Company with a trade at a low bid of $8,150.00 net. Motion carried. e. No. 69-5600: Industrial Tractor Motion was made by Neu, seconded by Finlay that the bid be awarded to Will~ams Motor Company at a low bid of $3,487.55. Motion carried f. No. 69-5601: Tractor with Mowing Attachment Motion was m~de by Finlay, seconded by Neu that the bid be awarded to Colonial Motors at a low bid meeting specifications, of $5,667.00, as recomnended by the City Manager. Motion carried. g. No. 69-5645: Improvements to Hangar Roof Motion was made by Finlay, seconded by Neu that the bid be awarded to Gilstrap at a low bid of $2,500.00, as recommended by the C~ty Manager. Motion carried. h. No. 69-5647: Construction on Hangar Doors Motion was made by Ramey, seconded by Ayer that the bid be awarded to either Automatic Services or Hanna Iron Works; the determination to be made after the City staff has evaluated which would be most practicable of the two types of doors being considered. Motion carried. i. No. 69-5668: 3/4 Ton Cab and Chassis (3) Motion was made by Neu, seconded byAyer.that~the bid be awarded to Banner Chevrolet at a net bid of $5,354.92. Motion carried. December 23, 1969 (Continued) 3. ORDINANCES: The Following Ordinances were, presented: a. Annexation Ordinance No. 69-40 AN ORDINANCE ANNEXING CERTAIN TRACTS OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, SITUATED IN DENTON COUNTY, TEXAS, SAID LAND BEING FULLY DESCRIBED IN EXHIBIT A INCORPORATED HEREIN; CLASSIFYING THE SAME AS AGRIC~ULTURAL DISTRICT PROPERTY: AND DECLARING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Finlay that the Ordinance be adopted on roll call vote; Ayer voted "aye", Finlay voted "aye", Ramey voted "aye", Neu voted "aye", and Nelson voted "aye". Motion carried. b. Zoning Ordinemce No. 69-44 1. Petition of Don Hickey AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOT 7 OF CITY BLOCK 324 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was m~de by Ramey, seconded by Finlay that the Ordinance be adopted on roll call vote; Ayer voted "aye", Fin±ay voted "aye", Ramey voted "aye", Neu voted "aye", and Nelson voted "aye". Motion carried. 4. RESOLUTIONS The following resolution was presented: AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 23RD DAY OF DECEMBER, A. D. 1969. RESOLUTION BE IT RESOLVED BY THE COUNCI'L OF THE CITY OF DENTON, TEXAS, THAT: Mayor L. A. Nelson is hereby authorized to sign and execute a general warranty deed from the City of Denton to the United States of America, conveying a tract of land 101.78 feet by 115.20 feet by 105.00 feet by 115.24 feet at the northeast corner of Locust Street and proposed McKinney Street, containing approximately 11,910.65 square feet of land, for the consideration of the sum of THIRTY-FIVE THOUSAND SEVEN HUNDRED THIRTY-ONE AND 95/100 ($35,731.95), which sum was heretofore approved by this Council, and which land is more particularly described in the General Warranty Deed attached to this Resolution and made a part hereof; and said act of signing by Mayor L. A. Nelson shall be an official act of this City Council. PASSED AND APPROVED this 25rd day of December, A. D. 1969. /s/ L. A. Nelson L. A. NELSON, Y~YOR CITY OF DENTON, TEXAS December 23, 1969 (Continued) ATTEST: /s/ Brooks Holt B~OOKS HOLT, CITY SECRETARY CITY OF DE~i'ON, TEXAS APPROVED AS TO LEGAL FORM: /s/ Jack Q. Barton JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS THE STATE OF TEXAS ~ COUNTY OF DENTON ~ GENERAL W/hRRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That the CITY OF DENTON, TEXAS, a municipal corporation, acting through its authorized officials pursuant to a Resolution adopted by the City Council of the City of Denton, for and in consideration of the sum of THIRTY-FIVE THOUSAND SEVEN HUNDRED THIRTY-ONEAND 95/100 DOLLARS ($35,731.95), to it duly paid by the UNITED STATES OF AMERICA, the receipt of which is hereby acknowledged, has granted, sold and conveyed and by these presents does grant, sell and convey to the UNITED STATES OF AMERICA and its assigns all that certain tract of land situated in the City of Denton, County of Denton, State of Texas, and more particularly described as follows: Being a part of Block No. 19, of the subdivision of a 640 acre survey patented to John R. Henry, Assignee of the B.B.B. & C.R.R. Company Survey, Scrip. No. 111, Abstract No. 185, dated October 16, 1857, and recorded at Austin, Texas, in Volume 2, Patent No. 963 of the State Abstract of Land Titles-Denton County, Texas, and beingthat tract of land retained by the City of Denton by Deed recorded in Volume 543 at Page 145, Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1-1/2" brass cap mounted on a 5/8" steel rod set in concrete for a corner at the intersection of the East line of Locust Street (70' R.O.W.) with the Ne~v North line of McKinney Street (90' R.O.W.); THENCE North 00° 45' East with the said East line of Locust Street a distance of 101.78 ft. to a point for a corner; THENCE South 89v 15' East a distance of 115.20 ft. to a point for a corner; THENCE South 00° 45' }Vest a distance of 105.00 ft. to a point for a corner in the said New North l~ne of McK~nney Street; THENCE North 87° 39' West with the said new North line a distance of 115.24 ft. to the Point of Beginning and containing 11,910.65 square feet of land, and all bearings refer to Magnetic North, Magnetic Declination 9° East, together with all right, title and interest the Grantor may have in the banks, bed and waters of any streams bordering the said land, and also all interest ~n any alleys, roads, streets, ways, strips, gores, or railroad rights of way abutting or adjoining said land and in any means of ingress or egress appurtenant thereto. December 23, 1969 (Continued) TO HAVE AND TO }©LD the above described pr~mises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the UNITED STATES OF AMERICA, and its assigns forever; and the said corporation, Grantor herein, does hereby bind itself, its successors and assigns to warrant and forever defend all and singular the said premises unto the said UNITED STATES OF AMERICA and its assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. IN WITNESS WHEREOF the said corporation has caused these presents to be executed on this 23rd day of December, 1969. CITY OF DF~ON, TEXAS By /s/ L. A. Nelson L. A. NELSON, Mayor ATTEST: /s/ Brooks Holt CITY SECRETARY TH~ STATE OF TEXAS ~ COUNTY OF DENTON ~ BEFORE ME, the undersigned~uthority, on this day personally appeared L. A. NELSON, lmown to me to be the person whose name ±s subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Denton, Texas, a municipal corporation of Denton County, Texas, and as the Mayor thereof, and for the purposes and consideration therein expressed. GIVEN UNDER MY 14_~) AND SEAL OF OFFICE, this 23rd day of December, 1969 /s/ Cheryl D. Dill Notary Public in and for Denton County, Texas My Commission expires: 6-1-71 Motion was made by Finlay, seconded byNeu that the motion be adopted on roll call vote; Ayer voted"aye", Finlayvoted "aye", Ramey voted "aye", Neu voted "aye", and Nelson voted "aye". Motion carried. 5. Motion was made by Finlay, seconded by Ramey to authorize advertising for bids to construct a 16" water line on University Drive from Ruddell Street to Loop 288, as recomntended by The Utility Board. 6. M~tion was made by Finlay, seconded by Neu to authorize the purchase of certain electrical distribution facilities in various parts of the City that belong to Texas Power & Light Company. Motion carried. 7. Council considered a proposal for workmen's compensation for the C~ty of Denton. After considerable discussion, motion was made by Ramey, seconded by Ayer to approve workmen's compensation for the C~ty of Denton and to secure the appropriate policy from The Employer's Casualty Company. Motion carried Meeting adjourned at 2:35 p.m. ~z~ ~'~ , M~YOR MUNICIPAL BUILDING January 13, 1970 Regular meeting of the City Council, City of Denton, Texas, Tuesday, January 13, 1970, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Nelson, Mayor Pro Tem Neu, Councilmen Ayer, Finlay, and Ramey; City Manager, Assistant City Manager, City Attorney and Assistant City Attorney, acting as secretary. 1. Motion was made by Neu, seconded by Finlay to approve'the minutes of the special meeting of December 23, 1969. Motion carried. 2. BIDS: a. No. 70-5743: Relocate and install larger metal doors at the Central Fire Station. Motion was made by Ramey, seconded by Neu that the bid be awarded to Bert Moore Construction Conrpany at a cost of $1,111.00. Motion carried. 3. PETITIONS a. The Council considered the request of George E. Coult to close McCormick Street from Underwood Street south to the point where McCormick joins Avenue A. Motion was made by Ayer seconded by Finlay that an ordinance be drawn closing and abandoning McCormick Street from Underwood Street to the point where McCormick joins Avenue A, conditioned upon the prior dedication of right of way of 60 feet in width and construction and extension of Avenue B from Underwood Street south to the north boundary line of the north service road of Interstate 35E, and conditioned further that the ordinances, specifications and requirements of the City of Denton be adhered to during all phases of construction; and further that McCormick Street is to remain open until actual construction of Avenue B is cormpleted and accepted by the City. Motion carried. b. FOR REFERRAL ONLY 1. Petition of Jess Coffey, requesting zoning reclassification of City Lots 5.1 and 3.1, Block 187/B, from "SF-7" to the '~4F-l" Multi-family classification. Motion was made by Neu, seconded by Finlay that the petition be referred to the Planning and Zoning Commission for recommendation. Motion carried. Z. Petition of Harry Down requesting a Specific Use Permit to construct a mobile home park on City Lot 9, Block 187/B in an Agricultural zoning district. Motion was made by Neu, seconded by Finlay that the petition be referred to the Planning and Zoning Commission for recommendation. Motion carried. 4. RESOLUTIONS The following resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 13TH DAY OF JANUARY, A. D. 1970. RESOLUTION Whereas, the Legislature of the State of Texas by Acts 1969, 61st Legislature, has repealed Civil Statute Article 8309e, and enacted a new Article 8309e which provides workmens compensation coverage for n~micipal employees; and January 13, 1970 [Continued) Whereas, it is the intent and desire of the City of Denton to provide such coverage for all its employees in every department; now therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1. That the provisions of Texas Revmsed Civil Statutes Article 8309e-2, enacted September 19, 1969, by Act of 61st Legislature, Page 87, Chapter 22, is hereby adopted and effective as of January 1, 1970, and hereby expressly made applicable to all employees of the City of Denton; salaried and hourly; part-time, full-time;-te~porary and permanent; omitting no department. SECTION 2. That the City of Denton has elected to take out a policy of workmens compensation insurance with, Employers Casualty Company, same being a qualified insurance company, which coverage was effective beginning 12:01 a.m. January 1, 1970. SECTION 3. That the premium required for such insurance coverage in the estimated maximum amount of $35,000.00 for the current fiscal year is hereby appropriated from the general fund and utility funds in the respective pro-rata amounts as stated in the contract of coverage and said Article 8309e-2. SECTION 4. That this Resolution shall be effective retroactive to January 1, 1970, and all acts pertaining to the hereindescribed workmens compensation coverage are hereby ratified to the extent necessary to satisfy the intent of this Resoluticm. PASSED AND APPROVED this the 13th day of January, A. D. 1970. /s/ L. A. NELSON, MAYOR CITY OF DENTON, TEXAS ATTEST: /si BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Neu, seconded by Reuney that the resolution be adopted, with coverage by carrier to be effective starting January 1, 1970. On roll call vote; Ayer voted"aye", Finlayvoted "aye", Ramey voted "aye", Neu voted "aye", and Nelson voted "aye". Motion carried. 5. ORDINANCES: The following Ordinances were presented: a. Ordinance No. 70-1 AN ORDINANCEABANDONINGANY RIGHT, TITLE OR CLAIM IN OR TO A CERTAIN PORTION OF LAND WITHIN THE R. A. KIRKSEICK SUBDIVISION, WHICH LAND WAS NEVER OPENED, CONSTRUCTED OR USED AS A PUBLIC WAY. Motion was made by Neu, seconded by Ayer that the Ordinance be adopted. On roll call vote; Ayer voted "aye", Finlayvoted "aye", Ramey voted "aye", Neu voted "aye", and Nelson voted "aye". Motion carried. January 13, 1970 (Continued) b. Ordinance No. 70-2 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS. Motion was made by Ayer, seconded by Neu that the Ordinance be adopted. On roll call vote; Ayer voted "aye", Finlay voted "aye", Ramey voted "aye", Neu voted "aye", and Nelson voted "aye". Motion carried. 6. Motion was made by Neu seconded by Ramey that the statement from Norsworthy-Mercer, Inc., for the month of November, 1969, in the amount of $1,794.87 be approved. Motion carried. 7. The Council considered the request for financial assistance from Flow Memorial Hospital. After considerable discussion, motion was made by Neu, seconded by Finlay that the matter be tabled. Motion carried. 8. Motion was made by Finlay, seconded by Ramey that the Tax Adjustments Report submitted by Hugh Mixon,-Tax Collector, for the month of December, 1969, be approved. Motion carried. 9. The City Manager made a recommendation that Hoyt Wilson, builder of Dreamland Subdivision, be granted an air space encroachment on the Easement previously granted to the City. Motion was made by Finlay, seconded by Neu to authorize the Mayor to sign any instrument necessary to permit an encroachment of the above mentioned Easement to the extent of one (1) foot on the West side. Motion carried. Meeting adjourned at 8 p. m. MAYOR MUNICIPAL BUILDING January 28, 1970 Regular meeting of the City Council, City of Denton, Texas, Wednesday, January 28, 1970, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Nelson, Mayor Pro Tem Neu, Councilmen Ayer, Finlay, and Ramey; City Manager, Assistant City Manager, City Attorney, Assistant City Attorney, and City Secretary. 1. Motion was made by Ramey, seconded by Finlay to approve the minutes of the regular meeting of January 13, 1970. Motion carried. 2. BIDS: Consider recommendation of the Utilities Board for Steam Generator Boiler for Unit #5 at the Steam Plant. Motion was made by Neu, seconded by Ayer that the bid be awarded to Combustion Engineering, Inc. at a bid of $1,673,579, as recommended by the Utilities Board and Black & Veatch Consulting Engineers. Motion carried. 3. PETITIONS Motion was made by Finlay, seconded by Neu that the Petition of Charles B. Redd, et al, requesting zoning reclassification of City Lots 13-17, Block 247, from "SF-5" Single Family classification to the Neighborhood Service Classification be referred to the Planning and Zoning Co~mission. Motion carried. January 28, 1970 Continued 4. ORDINANCES The following Ordinances were presented: a. Ordinance No. 70-3 AN ORDINANCE RATIFYING THE ESTABLISHMENT OF THE CITY LIBRARY FOR RECORD PURPOSES. Motion was made by Neu, seconded by Ayer that the Ordinance be adopted. On roll call vote; Ayer voted "aye", Finlay voted "aye", Ramey voted "aye", Neu voted "aye", and Nelson voted "aye". Motion carried. b. Ordinance No. 70-4 AN ORDINANCE REDUCING THE LEGAL MAXIMUM SPEED LIMIT TO 30 MILES PER HOUR ON INTERSTATE HIGHWAY 35 FROntAGE ROADS FOR ONE-HALF MILE EACH DIRECTION FRO~ STATE HIGHWAY 24; AND STATE HIGHWAY 24 FROM A.T. & S.F. RAILROAD TO MALONE STREET; PROVIDING A PENALTY FOR VIOLATION THEREOF; AND DECLARING AN EFFECTIVE DATE. ' Motion was made by Ramey, seconded by Finlay that the Ordinance be adopted. On roll call vote; Ayer voted "aye", Finlay voted "aye", Ramey voted "aye", Neu voted "aye", and Nelson voted "aye". Motion carried. $. RESOLUTIONS The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 28th DAY OF JANUARY, A. D. 1970. RE SO LUT I ON WHEREAS, in that certain resolution passed and approved by the City Council on the 22nd day of July, A. D. 1969, regarding the approval of, and appropriation for, that described project designated as Aubrey Reservoir (ir~cluding modification of Garza-Little Elm Reservoir), due to a typographical error a line was omitted from Paragraph C of Section 1 of said resolution which shall be hereby corrected. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1 - That Section 1, Paragraph C, of that certain resolution heretofore passed by the City Council on the 22nd day of July, A. D. 1969, as amended on the 4th day of November, 1969, is hereby amended and supplanted by substituting new Paragraph C to said resolution regarding the Aubrey Reservoir (including modification of Garza-Little Elm Reservoir), which Paragraph C shall hereafter read as follows: C. In accordance with the purposes of Public Law 89-72, administer project land and water areas for recreation and fish and wildlife enhancement pursuant to the plan for the development of the project approved by the Secretary of the Army, and bear not less than one-half the severable costs of the project allocated to such purposes, and all the costs of operation, maintenance and replacement incurred, therefor. Section 2 - That this resolution hereby amends said resolution passed the 22nd day of July, A. D. 1969, and shall take effect immediately upon its passage and approval. PASSED AND APPROVED THIS 28th day of January, A. D. 1970. Is~ L. A. NELSON, MAYOR CITY OF DENTON, TEXAS January 28, 1970 Continued ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEC~IL-FORM: /s/ JACK Q. BARTON, CITY A~ORNEY CITY OF DENTON, TEXAS ~ ~otion was made by Neu,' Seconded by Rmmey that the resolution be adopted. On roll call vote; Ayer voted "aye", Finlay voted "aye", Ramey voted "aye", Neu voted "aye", and Nelson voted "aye". Motion carried. 6. The Council discussed the recommendation of the Utilities Board authorizing Freese, Nichols, and Endress to proceed with studies and preparation of Master Plan for the development of sewage facilities to serve several areas within the City. Motion was made by Ayer, seconded by Ramey to accept the reco~endation of the Utilities Board and to authorize Freese, Nichols, and Endress to proceed with the studies and preparation of the Master Plan. Motion carried. 7. Motion was made by Finlay, seconded by Ayer that payment to Black & Veatch Consulting Engineers for engineering services in the amount of $34,364.81 be approved for payment. Motion carried. 8. Motion was made by Ramey, seconded by Neu to authorize the Utilities Board to advertise for bids for a new roof for the Diesel Plant on East Hickory Street. Motion carried. Motion was then made by Finlay, seconded by Neu to amend the previous motion and to ~authorize the City rather than the Utilities Board to ad~rtise for bids for a new roof for the Diesel Plant. Motion carried. 9. Motion was made by Finlay, seconded by Neu that the Contract with Hersey-Sparling Meter Company be accepted and extended, as recommended by the Utilities Board. Motion carried. 10. Motion was made by Ramey, seconded by Finlay to accept the recommendation of the Utilities Board to purchase two additional 2500 KVA pad mount transformers at a cost of $9,420 per transformer. Motion carried. Meeting adjourned at 8:05 p. m. //"7 MAYOR ~ITY SECRETARY MUNICIPAL BUILDING February 10, 1970 Regular meeting of the City Council, City of Denton, Texas, Tuesday, February 10, 1970, at 7 p.m. in the Council Chambers of the ~nicipal Building. PRESENT: Mayor Nelson, Mayor Pro Tem Neu, Councilmen Ayer, Finlay, and Ramey; City Manager, Assistant City Manager, City Attorney, Assistant City Attorney, and Acting City Secretary. 1. Motion was made by Ayer, seconded by Finlay to approve the minutes of the regular meeting of January 28, 1970. Motion carried. February 10, 1970 Continued 2. BIDS: a. No. 70-5598: Heavy Duty Delux Concrete Saw (rebid from '69) Motion was made by Finlay, seconded by Ramey that the bid be awarded to Robert G. Evans at a low bid of $1,200. as recommended by the City Manager. Motion carried. b. 586341: Road Boring and Tunneling Motion was made by Finlay, seconded by Neu that the bid be awarded to Road Boring and TLmneling at a low bid of $2,230, as reco~lzended by the Ci~yManager. Motion carried. 3. PETITIONS: Motion was made by Neu, seconded by Finlay that the Petition of John Sargent, requesting a Specific Use Permit to construct a mobile home park on part of City Lot 11, Block 187-.2, in an Agricultural zoning district be referred to the Planning a~ Zoning Co~ission for its recommendation. Motion carried. 4. QUIT CLAIM DEED: Motion was made by Ramey, seconded by Ayer that the Mayor be authorized to sign a Quit Claim Deed to the abutting property owners in the Moore Addition to the City of Denton, which strip of land extends South from Prairie midway between Skinner and Maddox Streets. Motion carried. 5. The following Ordinance was presented: ORDINANCE NO. 70-5 AN ORDINANCE DECLARING THE N~CESSITY FOR AND ORDERING THE IMPROVEMENTS OF PORTIONS OF CERTAIN DRAINAGE WAYS IN TH~ CItY OF DENTON, TEXAS; ORDERING TO BE PP~EPARED AN ESTIMATE OF THE COST OF SUCH IMPROVEMENTS AND ORDERING TH~ ADOPTION OF PLANS AND SPECIFICATIONS; DIRECTING TH~ GIVING OF NOTICE; DETERMINING THE COST OF SUCH iB~PROVEMENTS WHICH SHALL BE PAID BY TH~ CITY OF DENTON; PROVIDING A METHOD FOR THE P~EIMBURS~v~NT TO THE CITY OF DENTON FOR A PORTION OF SUCH COST BY ASSESSMENT AGAINST THE PROPERTY ABUTTING SUCH IMPROVEMENTS; AND FOR THE FIXING OF A LIEN TO SECURE PAYMENT FORSUCH ASSESS~; DIRECTING THE CITY SECRETARY TO FILE NOTICE OF THE ASSESSMENT. Motion was made by Ayer, seconded by Ramey that the ordi~ance be adopted. On roll call vote; Ayer voted "aye", Finlayvoted "aye", Ramey voted "aye", Neu voted "aye", and Nelson voted "aye". Motion carried. 6. Motion was made by Ayer, seconded by Ramey that a public hearing on assessment for improvements on West University Drive (S.H. 24) between Malone Street and the A.T. & S.F. Railroad be held on March 10, 1970 at 7 p.m.; with the estimated cost per front foot to each property owner for curb, gutter and other drainage facilities to be TEN DOLLARS ($10.00), with the cost based on a percentage of the total cost to the City determined by the appraised benefit to the abutting property owners, and the City Secretary be directed to give appropriate notice of this hearing. Motion carried. 7. PUBLIC HEARING A public hearing was held on the Petition of Rob Collins requesting that the zoning classification of City Lot 2, Bl~'dk 135 be changed from the "SF-7" Single family classification to the Planned Development classification. This property is further described as being located between Locust Street and Bell Avenue in the 2700 block, South of the Hillcrest Baptist Church. After hearing proponents and no opposition, motion was made by Neu, seconded by Ramey to approve the Petition to classify the area Planned Development. Motion carried. 8. The Council reviewed the statement of Norsworthy~Mercer. ~.~otion was made by Neu, seconded by Ayer to approve payment of the statement in the amount of $1,528.89, for the month of December, 1969. Motion carried. February 10, 1970 Continued 9. Mayor Nelson suggested that representatives of the proposed Community Theater appear before the Council at the next regular meeting to discuss the use of the old City Hall on North Elm for Theater use. 10. The Mayor called a special meeting for Tuesday, February 17, 1970, at 6 p.m., to discuss the request of Flow Memorial Hospital for financial aid. -- Meeting adjourned at 7:30 p.m. MAYOR 7 ACTING CITY SECRE~IRY~ MUNICIPAL BUILDING February 17, 1970 Special meeting of the City Council, City of Denton, Texas, Tuesday, February 17, 1970, at 6 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Nelson, Mayor Pro Tern Neu, Councilmen Ayer, Finlay, and Ramey; City Manager, Assistant City Manager, City Attorney, Assistant City Attorney, and Acting City Secretary. 1. Motion was made by Neu, seconded by Ayer that the minutes of the regular meeting of February 10, 1970 be approved. Motion carried. 2. In the matter of the request for financial assistance from Flow Memorial Hospital, the City Manager recommended immediate release,of $35,000 to the Hospital, with the balance requested by Flow to be held in abeyance, pending availability of funds. Motion was made by Ramey, seconded by Neu to accept the recommendation of the City Manager, including i~ediate payment of $35,000 to Flow Memorial Hospital. Motion carried. 3. The City Manager reported on future telephone service for various areas within the City, statin~ that General Telephone Company is building new lines and do~ no~ anticipate phone shortages in the near future. 4. Dr. Robert M. Lockwood, representing the Denton Community Theatre, requested use of the old City Hall for the theatre group. Motion was made by Neu, seconded by Ayer to approve the request of this group effective immediately, with details to be worked out at a future date. Motion carried. 5. Motion was made by Neu, seconded by Finlay to authorize the Mayor to execute a contract between the City of Argyle and the City of Denton, defining abutting extra territorial boundaries, as reconmended by the City Manager. Motion carried. Meeting adjourned at 6:55 p.m. MAYOR ACTING CITY SECRETARY'/~ MUNICIPAL BUILDING February 24, 1970 Regular meeting of the City Council, City of Denton, Texas, Tuesday, February 24, 1970, at 7 p.m. in the Council Chambers of the ~Vkmicipal Building. PRESENT: Mayor Nelson, Mayor Pro Tem Neu, Councilmen Ayer and Finlay; City Manager, Assistant City Manager, City Attorney, and City Secretary. ABSENT: Councilman Ramey 1. Motion was made by Neu, seconded by Finlay to approve the minutes of the Special meeting of February 17, 1970. Motion carried. 2. PETITIONS (a) A public hearing was held on the Petition of Mrs. Kathleen Floyd, requesting that the zoning classification of City Lot 14, Block 4027 be changed from the '~v~-l" Multi-family classification to the General Retail Classification. After hearing proponents, but no opponents, and a report from the City Planner, motion was made by Neu, seconded by Finlay that the petition be tabled until the next regular meeting. Motion carried. (b) Motion was made by Ayer, seconded by Neu that the Petition of William L. Rosich, requesting that the zoning classification of City Tract lA, Block 4075-A be changed from the Agricultural classification to the Co~nercial classification, and his request that the portion of the 17.85 acre tract of land under request, which is outside the city limits of Denton, be considered for annexation into the city limits be referred to the Planning and Zoning Com~nission for its recommendation. Motion carried. 3. ORDINANCES The following Ordinar~ces were presented: (a) ORDINANCE NO. 70-6 g2~ ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CALLING AND ORDERING AN ELECTION TO BE t~ELD ON THE 7TH DAY OF APRIL, A. D. 1970, THE SAME BEING THE FIRST TUESDAY IN SAID MONTH, FOR THE PURPOSE OF ELECTING TWO (2) COUNCILMEN BY THE CITY OF DENTON, TEXAS IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 3, SECTION 3.01 (a) OF THE CHARTER OF T~ CITY OF DENTON, TEXAS; ESTABLISHING THE HOURS AND PLACE FOR THE SAID ELECTION; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND POSTING IN THP~EE PUBLIC PLACES IN THE CITY OF DENTON AS NOTICE OF SAID ELECTION; DIRECTING THE CITY SECRETARY TO MAKE UP THE OFFICIAL BALLOTS, CAUSING THE SAME TO BE PRINTED AND DELIVERED TO THE PRESIDING OFFICER; PROVIDING FOR THE MAKING OF OFFICIAL RETURNS OF SAID ELECTION; PROVIDIING FOR ~]{E CANVASSING OF THE RETURNS OF THE SAID ELECTION AND DECLARING THE RESULTS OF SA~E BY THE CITY COUNCIL; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer that the Ordinance be adopted. On roll call vote, Ayer voted "aye", Finlay voted "aye", Neu voted "aye", and Nelson voted "aye". Motion carried. (b) ORDINANCE NO. 70-7 AN ORDINANCE CHANGING AND RE-ESTABLISHING THE MAXIMUM PRIMA FACIE SPEED LIMIT ALONG CERTAIN DEFINED PORTIONS OF UNIVERSITY DRIVE (STATE HIGHWAY 24) FROM A POINT BETWEEN BELL AVENUE AND LOCUST STREET TO A POINT EAST OF HIGHWAY LOOP 288; PRDVIDING A SPECIAL SCHOOL CROSSING ZONE; PROVIDING A PENALTY FOR VIOLATIONS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Finlay, seconded by Ayer that the Ordinance be adopted. On roll call vote, Ayer voted "aye", Finlay voted "aye", Neu voted "aye", and Nelson voted "aye". Motion carried. 293 February 24, 1970 Continued (c) The Council considered a proposed Leash Law Ordinance. Mayor Nelson suggested that citizens of Denton be afforded an opportunity to express their opinion through a public poll to be held in conjunction with the regular election of April 7, 1970. Councilman Ayer stated that he was in favor of a public opinion poll, but did n. ot want to be bound by such a poll. Motion was made by Neu, seconded by Finlay to include a public opinion poll in the April 7 election, but the results not be binding on the Council, and that the City Attorney be directed to prepare a ballot for this purpose. Motion carried. (d) ORDINANCE NO. 70-8 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNO;~N AS CITY LOT 2 OF CITY BLOCK 135 AS SHOWN ON THE 'OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED BY PLAT INCORPORATED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer that the Ordinance be adopted. On roll call vote, Ayer voted "aye", Finlay voted "aye", Neu voted "aye", and Nelson voted "aye" Motion carried. 4. RESOLUTION The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 2.4TH DAY OF FEBRUARY, A.D. 1970. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That in order to adequately provide for necessary flood control in the area of Assessment Number 6, the City needs to install a pipe culvert under and through property owned or controlled by the Missouri-Kansas-Texas Railroad Company, and obtain a crossing license therefrom; THEREFORE, the Mayor of the City of Denton is hereby authorized to sign and execute that certain Pipe Line License Agreement dated the 16th day of February, 1970, by and between said Railroad Company and the City of Denton, which agreement is attached hereto and incorporated herein by reference, and which signing shall be an official act of the City, which accepts the terms and conditions thereof. PASSED AND APPROVED this 24th day of February, A. D. 1970. /s/ L. A. NELSON, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Finlay, seconded by Neu that the Resolution be adopted and that the Mayor be authorized to sign an agreement with the MK&T Railroad. Motion carried. !94 February 24, 1970 Continued 5. Gerald Stone, Architect, presented Phase I Plans for the proposed City Fire Station between Avenue A, Underwood, and McCormick Streets. He indicated a projected cost of $75,000 for this construction, adding that work could begin in May and be completed by August. Motion was made by Neu, seconded by Finlay to approve Phase I, and to direct Mr. Stone to proceed with Phase II. Motion carried. 6. The Council discussed the proposed agreement contract for service charges on Old T Hangers not covered under the lease agreement with Aerosmith Corporation. The City Manager stated that the Airport Advisory Board had reconmended approval of such agreement. Motion was made by Neu, seconded by Finlay to approve a Hanger Management Agreement with Aerosmith Corporation, and that the Manager be authorized to sign in behalf of the City. Motion carried. 7. Proposed changes in tt~e .City .Personnel Rules and Regulations were presented by the Manager, who recommended approval of these changes. Motion was made by Neu, seconded by Finlay that the proposed changes in the Personnel Rules and Regulations be approved, as recommended by the Manager. Motion carried. 8. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 24TH DAY OF FEBRUARY, A. D. 1970. RESOLUTION WHEREAS, to comply with State requirements in adding needed motor bank facilities, the First State Bank of Denton must make a connection with existing facilities by installing a pneumatic tube from ,the proposed construction site, crossing under Locust Street to intersect its present tunnel east thereof; and WHEREAS, such crossing will in no manner interfere with the use of such street by the City of Denton, or by any public utility; therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: that the First State Bank of Denton, Texas, is hereby granted permission to cross under Locust Street a minimum depth of three (3) feet, with an eight (8) inch pneumatic tube, encased in concrete, said crossing to be within the area of Locust Street described as follows, to-wit: BEGINNING at a point in the east line of Lot 3 in Block 10 of the Original Townsite of Denton, Texas, 25.00 feet south 0° 22' 55" east from the northeast corner of the said Lot 3, east 0° 16' 40" north 79.31' to a point for corner; THENCE south 10.00'; THENCE west 0° 16' 40" south 79.30'; THENCE north 0° 22' 55" west 10.00' to the point of beginning and containing approximately 0. 0182 acres of land. Provided that, this permission is conditioned upon the compliance with all the Rules and Regulations of the City of Denton regarding the use of public property, and the pipe so crossing shall be in- stalled under the supervision of the City Street Department, and shall be approved by the City Engineer prior to installation, and shall meet and satisfy all inspection requirements. PASSED AND APPROVED this 24th day of February, A. D. 1970. /si L. A. NELSON, MAYOR CITY OF DENTON, TEXAS 295 February 24, 1970 Continued ATTEST: /si BROOKS HOLT, CITY SECRETARY CITY OF DKNTON, TEXAS APPROVED AS TO L~GAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Ayer, seconded by Neu that the Resolution be adopted. On roll call vote, Ayer voted"aye", Finl~yvoted"aye", Neu voted "aye", and Nelson voted"~e". Motion carried. 9. Motion was made by Neu, seconded by Ayer that the T~Adjustment Report for J~ua~ 1970, s~mitted by Tm Assessor-Collector, along with a correction of error in the December 1969 Report be ~proved. 'Motion carried. 10. The City Manager briefed the Council relative to plans for improved traffic control on the downtown square, and changes in speed l~its on University Drive East, and restricted parking on Ruddell Street. The following action was taken: (a) Motion was made by Finlay, seconded by Neu that the proposed traffic control changes be ~proved on the downtown square. Motion carried. (b) Motion was made by Neu, seconded by Ayer that parking not be allowed in the alley between North Elm and North Locust and North of McKinney . Street be~een t~ Chamber of Commerce ~ilding and the Denton Cab Comply Building. Motion carried. (c) ~tion was made by Ayer, seconded by Neu that parking be prohibited on the East side of ~ddell from University Drive to a point 1,000 feet south. Motion carried. 11. Motion was made by Neu, seconded by Ayer that the regular meeting of March 24, be changed to Monde, March 23, 1970. Motion carried. Meet~g adjou~ed at 9:00 p.m. ~ MAYOR ~?~ITY ~ECRETARY MUNICIPAL BUILDING March 10, 1970 Regular meeting of the City Council, City of Denton, Texas, Tuesday, March 10, 1970, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Nelson, Mayor Pro Tem Neu, Councilmen Ayer, Finlay and Ramey; City Manager, Assistant City Manager, City Attorney, and City Secretary March t0, 1970 Continued 1. Motion was made by Finlay, seconded by Ayer to approve the minutes of the Regular Meeting of Febm~ary 24, 1970. Motion carried. 2. BIDS (a) Bid No. 70-6020 Reinforced concrete pipe -(yearly bid) Motion was made by Neu, seconded by Finlay that the bid be awarded to the low bidder, Concrete Pipe and Products Conrpany of Fort Worth. Motion carried. 3. PETITIONS The Council considered the Petition of Kathleen Floyd requesting reclassification of City Lot 14, Block 4027 from '~4F-l" Multi-Family to the General Retail classification. This petition was tabled from the last regular meeting. Motion was made by Ramey, seconded by Neu that the petition be tabled until a study of the entire area is completed by Marvin Springer, as recommended by the City Manager. Motion carried. 4. The Mayor opened the public hearing relative to the assessment for improvements on West University Drive ~State Highway 24) between Malone and AT & SF Railroad. Citizens appearing with questions concerning the assessment were Mrs. Garner Payne, Seth Watson, Harry Down, Dr. Harry McClendon, and Mr. J. Newton Rayzor. (The public hearing was postponed until March 23, 1970, due to the sudden illness of Mr. Rayzor.) MAYOR ~ ~C~fTY SECRETARY MUNICIPAL BUILDING March 16, 1970 Special meeting of the City Council, City of Denton, Texas, Monday, March 16, 1970, at 1 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Nelson, Mayor Pro Tem Neu, Councilmen Finlay and Ramey; City Manager, Assistant CityManager, City Attorney, and City Secretary ABSENT: Councilman Ayer 1. Motion was made by Finlay, seconded by Neu that the minutes of the regular meeting of March 10, 1970 be approved. Motion carried. 2. BIDS: (a) #70-6070 Police Car Motion was made by Finlay, seconded by Ramey that the bid be awarded to Bill Utter Ford at a low bid of $2,115 with trade in, as recommended by the City Manager. Motion carried. March 16, 1970 Continued 3. PETITIONS: Motion was made by Ramey, seconded by Neu that the Petition of Mr. Miles Pierce, requesting that the zoning classification of City Lot 10, Block 187/2 be changed from Agricultural to Commercial classification, and his request that the remaining portion of the 124.8 acre tract be annexed into the City of Denton with a Specific Use Permit to construct a mobile home park be referred to the Planning and Zoning Commission for its recommendations. 4. RESOLUTION: The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 10TH DAY OF MARCH, A.D. 1970. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That in order to adequately provide for necessary sanitary sewer distribution, the City needs to install and maintain a pipe under and through property owned or controlled by the Missouri-Kansas-Texas Railroad Company, and obtain a crossing license therefrom; THEREFORE, the Mayor of the City of Denton is hereby authorized to sign and execute that certain Pipe Line License Agreement dated the 3rd day of March, 1970, by and between said Railroad Company and the City of Denton, which agreement is attached hereto and incorporated herein by reference, and which sign- ing shall be an official act of the City which hereby accepts the terms and conditions thereof. PASSF~D AND APPROVED this 16th day of March, A.D. 1970. /s/ L. A. NELSON, MAYOR CITY OF DEN~FON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATFORNEY CITY OF DENTON, TEXAS ' Motion was made by Finlay, seconded by Neu that the Resolution be adopted and the Mayor be authorized to sign a pipe line license with the Missouri-Kansas-Texas Railroad Company. On roll call vote, Ramey voted "aye", Finlay voted "aye", Neu voted "aye", and Nelson voted "aye". Motion carried. 5. The Council discussed a special ballot for the April 7 election relative to a leash law ordinance. Motion was made by Finlay, seconded by Ramey that the leash law ballot, as prepared, be approved. Motion carried. 6. Motion was made by Ramey, seconded by Finlay that a change order on sewage treatment plant expansion contract in the amount of $1,597.28 be approved, as recommended by the City Manager and the Director of Utilities, Motion carried. & :98 March 16, 1970 Continued 7. The Council discussed[ the request of the Argyle Water System to drill a well and construct additional distribution lines. Motion was made by P~amey, seconded by Neu to approve the request of the Argyle Water System to drill a new well in the area requested, with the stipulation that no new water taps be made North and East of the present extra- territorial jurisdiction of Argyle, and to approve the request by the Utilities Board to begin a stu~ with consulting engineers to discuss these problems. Motion carried. 8. Motion was made by Finlay, seconded by Neu that the January, 1969 statement of Norsworthy-Mercer in the amount of $1,906.76 be approved. Motion carried. 9. Motion was made by N¢~, seconded by Ramey that the Tax Adjustment Report, presented by Tax Assessor-Collector, Hugh Mixon, for the month of February, 1970 be approved. Motion carried. 10. The Council discussed[ the necessity for a study session on a proposed ordinance for mobile home parks. A joint session with the Planning and Zoning Commission to study this ordinance was set for March 23, 1970. 11. The following Ordinance was presented: ORDINANCE NO. 70-9 AN ORDINANCEAPPOINTINGNEW ELECTION JUDGE FOR REGULARCITYELECTIONON APRIL ?, 1970, TO FILL VACANCY.. Motion was made by Finlay, seconded by Neu that the Ordinance be adopted. On roll call vote~ Ramey voted "aye", Finlayvoted "aye", Neu voted "aye", and Nelson voted "aye". Motion carried. 12. The Council reviewed the presentation of Phase II Plans for the new fire station, which were presented by Gerald Stone, Architect. Motion was made by Neu, seconded by Finlay to approve Phase II Plans and authorize the Architect to proceed with Phase III Plans. Motion carried. 13. Motion was made by Finlay, seconded by Ramey that the operating policies for the Denton Community Theatre in the old Municipal Building, as recommended by the City Manager, be approved. Motion carried. Meeting adjourned at 2:05 p.m. MAYOR L~ SECRETARY MUNICIPAL BUILDING March 23, 1970 Special meeting of the City Council, City of Denton, Texas, Monday, March 23, 1970, at ? p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Nelson, Mayor Pro Tem Neu, Councilmen Ayer, Finlay and Ramey; City Manager, Assistant City Manager, City Attorney, and City Secretary. 1. Motion was made by Neu, seconded by Finlay to approve the minutes of the special meeting of March 16, 1970. Motion carried. 2. Bids: (a) #70-6159 Sale of Scrap Wire Motion was made by Finlay, seconded by Neu that the bid be awarded to the high bidders as follows: Item 1 - J. D. Alexander Item 2 - Edwin O. Fulton Item 3 ~ On a draw bid to KrumTrading Post Motion carried. 3. PETITIONS FOR REFERRAL: Motion was made by Ayer, seconded by Neu that the following petitions be referred to the Planning and Zoning Commission for its recommendations. (a) Z-1076 The petition of Mr. Bob Crouch, requesting that the zoning classification of City Lots 3 a~d 4, Block 355 be changed from the "SF-7" Single family classification to the General Retail classification. (b) Z-1077 The petition of Mr. Hoyt Cole, requesting that the zoning classification of City Lot 8, Block 415 be changed the Agricultural classification to the Planned Development classification. It is also requested that the portion of the 30 acre tract of land which lies outside the city limits be annexed into the City of Denton. (c) Z-1078 The petition of Harvey A. Thompson, requesting that the zoning classification of City Lots 3 and 4, Block 1000 be changed from the "SF-10" Single family classification to the Planned Development classification. (d) S-15 The petition of Mr. Edwin O. Fulton, requesting a Specific Use Permit to construct a machinery salvage yard at 501 East Hickory, in a Light Industrial zoning district. (e) Street Closing The request of Mr. Claude E. Hill to close Avenue H between W. Prairie and the NTSU Fouts Field property. Motion carried. 4. Mayor Nelson recognized Mr. Henry A. Schleinat of the Street and Bridge Department who is retiring on March S1, 1970 after 39 years of service. The Mayor presented an engraved plaque to Mr. Schleinat on behalf of the City of Denton in recognition of his outstanding service. 5. John Carter, representing NTSU, appeared relative to the request of the University to close several streets. He made the following statement in behalf of the University: "In a previous meeting you have heard a detailed request from North Texas State University for the closing of certain interior streets in the campus. At the same meeting you heard a report from an Assistant Attorney General of the State of Texas. At this time we wish to request that you again bring the matter to an early decision. Since our last appearance March 23, 1970 Continued before the council we i~ave received detailed advice from the Attorney General's office beyond that which you previously heard. The Attorney General's office has furnished us with a long list of cases relevant to this matter, all of which demon- strate beyond any question that the city of Denton is authorized to grant this request and that it may do so with- out damaging any property owner in the city and without fear of successful lawsuit. Upon advice of the Attorney General's office we wish to add the following public statement so that you and all of our fellow citizens may understand our position and that of the State of Texas: Upon advice of the Office of the Attorney General of the State of Texas we wish to enter into the public record our firm conviction that there is no legal liability incurred by the City of Denton or by the State of Texas in the act of closing the streets and placing them under the jurisdiction of the university. We wish further to state, and again upon advice of the Attorney General's Office, that in the most ~mlikely event that any suit for damages should be brought against the City of Denton that North Texas State University will automatically be regarded as a proper party to such a lawsuit. Furthermore, the State of Texas will voluntarily enter any such lawsuit on the side of the City of Denton as a proper party to the suit and the defense will be aided by the Office of the Attorney General of the State of Texas. We believe that the university and the gtate of Texas can offer no greater assurance than this to the members of the City Council and to the citizens of Denton. Our previous statements have made clear the dedication of the university to full cooperation with the City in the solution of mutual problems. We pledge continued cooperation along this line. At this time we urgently press for an ~nediate vote on the request for the closing of the streets. ~ the basis of our statement tonight and upon detailed advice receiw~d from the Office of the Attorney General, we can see no course for the Council to take but to vote immediate approval." Following Mr. Carter's statement, Mr. Robert Caldwell, local attorney, made a statement objecting to the closing. Motion was made by l~nmey, seconded by Neu to instruct the City Attorney to prepare an ordinance abandoning the following as public streets: Chestnut Street between Avenue A and Avenue C -- Avenue B between Maple and Highland Streets -- Avenue B between Chestnut and W. Mulberry Streets -- and W. Sycamore Street between Avenue B and Avenue C. Motion carried. 6. The Council considered the request of Gibson Products Company for a Street Use Permit to construct a utility line across Wilshire Street between Avenue C and Kendolph Streets. Motion was made by Neu, seconded by Finlay to approve the request and to authorize and instruct the City Attorney to prepare a Street Use Permit. Motion carried. 7. The Mayor reconvened t~ public hearing on assessment for improvements on W. University Drive (State Highway 24) ~etween Malone and AT & SF R~ilroad, which was postponed from the ¥~rch 10th meeting. There were no proponents or opponents who spoke, so the Mayor closed the public hearing. No official action was taken. March 23, 1970 Continued 8. Motion was made by Ayer, seconded by Ramey to authorize the Purchasing Agent to advertise for bids for the sale of Sub-Fire Station number 2, located at 1515 N. Elm Street. Motion carried. 9. The Council reviewed the plans for the Carroll Street thoroughfare. Motion was made by Finlay, seconded by Neu to approve the plans and specifications for the Carroll Street thoroughfare and to authorize the Mayor to sign same. Motion carried. Following this motion, the Director of Community Development gave highlights of this project, on the request of Councilman Ayer. 10. Motion was made by R~mey, seconded by Finlay that a proclamation, proclaiming the fiftieth anniversary of Realtors, and designating March 26, 1970 as National Realtor's Day be adopted. Motion carried. ~YOR ~l~t~f SECRETARY MUNICIPAL BUILDING April 13, 1970 Special meeting of the City Council, City of Denton, Texas, Monday, April 13, 1970, at 1:30 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Nelson, Mayor Pro Tem Neu, Councilmen Ayer, Finlay and Rmney; City Manager, Asst. City Manager, City Attorney, and City Secretary. The meeting was called for the purpose of passing an ordinance canvassing the election returns for the election held on April 7, 1970, to elect two City Councilmen and adopt the results of the special opinion election, concerning a proposed leash law ordinance. 1, ORDINANCE 70-10 AN ORDINANCE .CANVASSING ELECTION RETURNS OF ELECTION HELD APRIL 7, 1970, TO ELECT TWO CITY COUNCILMEN. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the City Council officially finds and determines that an election was duly ordered to be held in the City of Denton on the 7th day of April, 1970, for the purpose of electing two (2) members to said Council; that proper notice of said election was duly given; that proper election officers were duly appointed prior to said election; that said election was duly held; that due returns of the result of said election have been made and delivered; and that the City Council has duly canvassed said returns; all in accordance with law. April i3, 1970 Continued SECTION II. That the City Council officially finds and detemines that only resident, qualified electors of said City were allowed to vote at said election, and the following votes were cast at said election for each candidate and write-in, there being no other person receiving any votes at this election; Alex Finlay, Jr. 1206 votes _ Robert W. Chambers 1192 votes Fred Reed 184 votes Zeke Martin 61 votes Charles Thompson 20 votes Marvin Loveless 5 votes Parker Willingham 5 votes W. Pierce 2 votes Clarence Reed 1 vote R. O. Stewart 1 vote Oleta Trapp 1 vote Bruce Davis 3 votes Fred Greer 1 vote Swede Swenson 1 vote Jerry Stout 10 votes D. B. Boyd 2 votes J. T. Jones, Jr. 5 votes Shirley Grafa 2 votes Arthur Reed 1 vote B. Carnie M~rsh 1 vote Alvin Dutton 1 vote C. C. Orr, Jr. 1 vote James Baird 1 vote Maxine Turnage 1 vote Reginald Westmoreland 1 vote Roderic du Chemin 1 vote Larry H. Maher 1 vote Dick Clearman 1 vote J. B. Crowley 1 vote General Lindley 1 vote Jim Reed 1 vote Charlie J. Cole, Jr. 1 vote Marion Smith 2 votes SECTION III. That the City Council officially finds, determines and declares the results of said election to be that Alex Finlay and Robert W. Chambers have each received the proper number of votes to be elected, and that each of them is elected to said Council in accordance with law. PASSED AND APPROVED this 13th day of April, A. D. 1970. /s/ L. A. NELSON, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY A~rORNEY CITY OF DENTON, TEXAS Motion was made by Ramey, seconded by Ayer to adopt the Ordinance. On roll call vote, Ayer voted "aye", Finlay voted "aye", Ramey voted "aye", Nelson voted "aye", and Neu voted "aye". Motion carried. April 13, 1970 Continued 2. Motion was made by Neu, seconded by Finlay to adopt the results of the special opinion election concerning a proposed leash law ordinance. Motion carried. The results of the special opinion election are as follows: For a Leash Law Ordinance ........ 1,320 Against a Leash Law Ordinance ...... 223 The meeting adjourned at 1:45 p.m. MAYOR CIq~f SECRETARY MUNICIPAL BUILDING April 14, 1970 Regular meeting of the City Council, City of Denton, Texas, Tue§day, April 14, 1970, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Nelson, Mayor Pro Tem Neu, Councilmen Ayer, Finlay, Ramey, m~d Robert W. Chambers (incoming Councilman); City Manager, Assistant City Manager, City Attorney, and City Secretary. 1. Motion was made by Ayer, seconded by Finlay that the minutes of the special meeting of March 23, 1970 be approved. Motion carried. Motion was made by Ramey, seconded by Neu that the minutes of the special meeting of April 13, 1970 be approved. Motion carried. 2. BIDS: (a) #70-6126-New Roof on Diesel Plant Motion was made by Neu, seconded by Finlay that the bid be awarded to Max Eubank Roofing Company at a low bid of $4,670.00. Motion carried. (b) #70-6175-Two Riding Mowers Motion was made by Ramey, seconded by Neu that the bid be awarded to Colonial Motors at a low bid of $1,258.00 and $1,242.00. Motion carried. (c) #70-6232-1970 4-door sedan (Woody) Motion was made by Neu, seconded by Finlay that the bid be awarded to Bill Utter Ford at a low bid of $2,750.15, less trade of $700.00. Motion carried. (d) #70-6409-Water works improvements-Highway 24 water main extension-Part I Motion was made by Neu, seconded by Ayer that Part I be awarded to Kemp Construction Company at a low bid of $98,571.00. Motion carried. April 14, 1970 Continued 3. PETITIONS: (a) Z-1079 Motion was made by Finlay, seconded by Ramey that the Petition of Paul M. Haywood, requesting that the zoning classification of part of City Tract 12, Block 285 be changed from the Agricultural classification to the "MF-i" Multi-family classification be referred to the Planning and Zoning Commission for its recommendation. Motion carried. (b) Z-1074 A public hearing was held on the Petition of William L. Rosich. In this Petition, Mr. Rosich requested that the zoning classification of City Tract IA, Block 4075-Abe changed from the Agricultural classification to the Commercial classification. He also requested that the remaining portion of the same tract, which lies outside the city limits, be considered for annexation into the City of Denton under the Commercial zoning classification. The Council discussed extension of utilities in this case, and following considerable discussion, and no opposition to the Petition by citizens present, a motion was made by Ayer, seconded by Ramey that the Petition be approved. Motion carried. Motion was made by Ayer, seconded by FinlaY to instruct the City staff to proceed with the necessary steps to annex the property requested in the Petition. Motion carried. 4. ORDINANCES (a) Ordinance No. 70-11 AN ORDINANCE CLOSING THE HEARING AND LEVYING AN ASSESSMENT ON THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING THE STREETS SPECIFIED HEREIN; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS AND DRAINAGE FACILITIES WITHIN THE LIMITS DEFINED WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS: FIXING A CHARGE AND LIEN AGAINST ALL SAID ABBUTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF; PROVIDING FOR THE MANNER OF PAYMENT OF SUCH ASSESSMENT, THE RATE OF INTEREST AND THE CONDITIONS OF DEFAULT. Motion was made by Neu, seconded by Finlay that the Ordinance be adopted. On roll call vote Ayer voted "aye", Finlay voted "aye", Ramey voted "aye", Nelson voted "aye", and Neu voted "aye". Motion carried. (b) Ordinance No. 70-12 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS. Motion was made by Finlay, seconded by Ayer to adopt the Ordinance. On roll call vote, Ayer voted "aye", Finlay voted "aye", Ramey voted "aye", Nelson voted "aye", and Neu voted "aye". Motion carried. (c) Proposed Ordinance abandoning certain streets in the NTSU area In discussing this proposed ordinance, the Mayor pointed out the misunderstandings that developed relative to a statement by Dr. James Rogers, Vice President of NTSU, to the Council on December 9, 1969. The Mayor added that he felt the Council should table the matter until a clearer interpretation was made. Motion was made by Ramey, seconded by Finlay to table the proposed ordinance until the next regular meeting of the Council, to provide time for further discussion with parties concerned. Motion carried. April 14, 1970 Continued 5. RESOLUTIONS: The following Resolutions were presented: (a) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 4TH DAY OF APRIL A.D. 1970. RESOLUTION WHEREAS, it is in the best interest of Gibson Products Company to cross a public street with an electrical service cable in order to combine electrical service for their facilities; and WHEREAS, such crossing will in no manner interfere with the use of such street by the City of Denton, or by any public utility; therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: that Gibson Products Company of Denton, Texas is hereby granted , permission to cross over Wilshire Street at a minimum height of twenty- six (26) feet, with a quadruplex cable to be attached as near to the top of each building connected as possible and within one (1) foot of the top of each pole needed to extend the cable, said crossing to be within the area of ~ilshire Street-described as follows, to wit: Beginning at a point in the south line of Wilshire Street approximately 10' east of its intersection with Kendolph and crossing the north line of said Wilshire Street, approximately 15' east of said intersection; Provided that, this permission is conditioned upon compliance with all the Rules and Regulations of the City of Denton regarding the use of Public property, and the cable so crossing shall be installed under the supervision of the City Utility Department, at the expense of the said Gibson Products Company, and shall be approved by the City Engineer prior to installation, and shall meet and satisfy all inspection requirements. PASSED AND APPROVED THIS 14th DAY OF APRIL, A.D, 1970. /si L. A. NELSON, MAYOR CITY OF DENTON, TEXAS AITEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Neu, seconded by Finlay that the Resolution be adopted. On roll call vote Ayer voted "aye", Finlay voted "aye", Ramey voted "aye", Nelson voted "aye", and Neu voted "aye". Motion carried. April 14, 1970 Continued (b) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14224 DAY OF APRIL, A.D. 1970. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The Mayor of said City is hereby authorized and directed to sign and execute that certain agreement between the City of Denton and The Texas State Library, for public library development under the Library Services and Construction Act, date 'even herewith which Agreement is attached hereto and incorporated herein, and that said execution by the Mayor shall be deemed an Act of the City Council for all purposes; and BE IT FURTHER RESOLVED, that William Bryant, Director of Finance, or his successor, shall be the City fiscal officer responsible for the special funds which will be set up with the grant described in said Agreement (L.S.C.A. Title I grant). PASSED AND APPROVED this the 14th day of April, A.D. 1970. Is~ MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Finlay, seconded by Neu that the Resolution be adopted and that the Mayor be authorized to sign a contract. On roll call vote Ayer voted "aye", Finlay voted "aye", Rameyvoted "aye", Nelson voted "aye", and Neu voted "aye". Motion carried. 6. The Manager briefed the Council relative to the addendum to the engineering contract with Forrest & Cotton on the Carroll Street Project, which would involve work on Carroll, Henry, and Parkway Streets. Motion was made by Fin!ay, seconded by Neu that the addendum to the contract with Forrest & Cotton be approved, and that the Mayor be authorized to sign this contract in behalf of the City. Motion carried. 7. The Manager briefed the Council on the request of Jesse Coffey for the City of Denton to participate in a rent supplement program in the Singing Oaks Addition. He stated that it would be wise to withhold approval, since one such project is now under construction and another approved---that it would be advisable to wait and see if these projects are successful, and that a turn down would not affect future requests for rent supplement. Motion was made by Neu, seconded by Finlay that the City of Denton not participate at this time, since it appears there is no need for additional apartments of this nature at this particular time, and to withhold approval until the success of the existing project is assured. Motion carried. April 14, 1970 Continued 8. Motion was made by Ramey, seconded by Neu to authorize the Director of Utilities to advise General Electric and Combustion Engineering to proceed with the manufacture of electric production equipment, as recommended by the Utilities Board, consulting engineers, and the Director of Utilities. Motion carried. 9. Motion was made by Finlay, seconded by Neu that the purchase of Brazos Electric Power Company Sub-station equipment be approved as recommended by the City Manager, Utilities Board, and the Director of Utilities. Motion carried. 10. Motion was made by Neu, seconded by Ramey to approve the February, 1970 statement of Norsworthy-Mercer in the amount of $7,159.66. Motion carried. 11. Motion was made by Ayer, seconded by Finlay to set a public hearing on a proposed ordinance amending the City Zoning Ordinance relative to standards for mobile home parks for ~V~y 26, 1970, at 7 p.m. Motion carried. ~ 12. Motion was made by Finlay, seconded by Ayer to delay payment of the LQ auditing statement of Peat, Marwick & Mitchell until such time as Council members ~-~ receive individual reports of the audit. Motion carried. ~-~ 13. The Manager outlined and explained the purpose of the proposed workable ~ program application. He s~L~ed up his remarks by stating that there was a need for good planning for this to be done. The Mayor stated that he was strongly concerned and in favor of help for the indigent aged in Denton and suggested that a housing authority be appointed for future study of the problem. The following Resolutions were presented: A RESOLUTION FINDING AND DECLARING ~HAT THERE EXISTS A NEED FOR T~ HOUSING AUTHORITY OF ~ CITY OF DENTON, TEXAS, TO FUNCTION IN ~H~ AREA OF TH~ AGED, TH~ DISABLED, ~AND TH~ HANDICAPPED. RESOLUTION BE IT RESOLVED BY ~HE COUNCIL OF THE CITY OF DF~NTON, TEXAS, THAT: SECTION I. The Council of the City of Denton, Texas, hereby determines, finds and declares pursuant to the "Housing Authorities Law" of the State of Texas, that: A. Insanitary and unsafe inhabited dwelling acco~nodations exist in the City of Denton, Texas; and B. There is a shortage of safe and sanitary dwelling accommodations in said City available to aged, disabled and h~ndicapped persons at rentals they can afford; and C. There is a need for the Housing Authority of the City of Denton, Texas, to function in this area. - SECTION II. In accordance with the foregoing finding, the Housing Authority of the City of Denton, Texas, is authorized to transact business and exercise its powers pursuant to the "Housing Authorities Law" of the State of Texas, subject to the limitations described in Paragraph B of Section I, supra. SECTION III. The Mayor of said City be and he hereby is authorized and directed to file the necessary Certificate relative to the appointment of the Commissioners and designation of the first Chairman of said Housing Authority in the Off~ce of the City Secretary. April 14, 1970 Continued SECTION IV. That the shortage of safe and sanitary dwelling accon~nodations for aged, disabled and handicapped persons compels such persons to occupy unsafe, insanitary and over-crowded dwelling accommodations, and causes an increase in and spread of disease and crime, thereby creating an emergency and making it necessary for the preservation of the public peace, health and safety that this resolution becomes effective without delay, and therefore this resolution shall take effect and be in force immediately upon its passage and approval. _ PASSED AND APPROVED this the 14th day of April, A.D. 1970. /si MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ CITY ATTORNEY CITY OF DENTON, TEXAS (b) RESOLUTION AUTHORIZING PUBLICATION OF THE INTENT TO ENTER INTO A COOPERATION AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF DENTON, TEXAS. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Secretary is hereby authorized and directed to give notice of the intention of the City of Denton, Texas, to enter into a Cooperation Agreement with the Housing Autho'rity of the City of Denton, Texas, by publishing a copy of said Notice in the Denton Record-Chronicle, which is the City's officially disignated newspaper. Notice shall be published twice, on April 21, 1970, and on April 29, 1970. 2. Said Notice shall state that at the e.k~piration of sixty days from the date of the first publication, the City will co~sider the question o~ whether or not it will enter into a Cooperation Agreement with the Housing Authority. 5. The City Secretary shall keep a copy of the Cooperation Agreement proposed available for inspection by the public at the office of the City Secretary during usual business hours. 4. This resolution shall take effect immediately. PASSED AND APPROVED THIS the 14th day of April, A.D. 1970. /s/ MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: CITY ATTORNEY CITY OF DENTON, TEXAS April 14, 1970 Continued Motion was made by Finlay, seconded by Ramey that the Resolutions be adopted. On roll call vote, Ayer voted "aye", Finlay voted "aye", Ramey voted "aye", Nelson voted "aye", and Neu voted "aye". Motion carried. 14. Motion was made by Neu, seconded by Ayer that the Tax Adjustment Report for the month of March, 1970, prepared by Tax Assessor~Collector, Hugh Mixon, in the amount of $5,610.34 be approved. Motion carried. 15. Motion was made by Neu, seconded by Ayer that on the basis of the Opinion Ballot in the April 7th election, relative to a Leash Law for Denton, that the City Attorney be instructed to prepare a Leash Law Ordinance for study by the Council at the next regular meeting. Motion carried. 16. Mayor Nelson conveyed his gratitude to the City Staff. He praised the loyalty and efficiency of the staff and indicated his deep appreciation to them. To the Council, he stated that he would miss being a part and considered it a privilege to share the burden in making decisions, both pleasant and unpleasant, adding that he would miss the many discussions and debates and was grateful for the Council's dedication and perseverance. "I treasure your friendship", he concluded. The Mayor then relinquished the chair to the City Secretary, who administered the Oath of Office to Alexander M. Finlay, Jr. and Robert W. Chambers, who were elected to the Council for two year terms on April 7, 1970. 17. Nominations were opened for office of Mayor of the City of Denton. Motion was made by Ramey to nominate Alexander M. Finlay, Jr. as Mayor of the City of Denton, and that he be elected by acclamation. Councilman Neu seconded the motion. Motion carried unanimously. 18. Mayor Finlay took the chair and opened nominations for Mayor Pro Tem. Motion was made by ^yet, seconded by Ramey that Councilman Bill Neu be re-electedMayor Pro Tem by acclamation. Motion carried unanimously. 19. Mayor Finlay presented an engraved plaque to L. ^. Nelson in appreciation for faithful and unself±sh service to the City of Denton as Council Member, 1966-70, and Mayor from 1968-70. 20. The following Resolution was presented: AT A RE6~JLARMEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14111 DAY OF APRIL, ^. D. 1970. THE STATE OF TEXAS I RESOLUTION IN APPRECIATION OF COUNTY OF DENTON I CITY OF DENTON ~ L.A. NELSON, JR. ¢~flEREAS, the Council of the City of Denton 5s losing one of its most valued members, L. ^. Nelson, Jr., who was elected thereto in April of 1966, seruing until his terra expired, on this April 14, 1970, having chosen not to seek re-election in order to devote more thne to his professional practice of law; and WHEREAS, L. A. Nelson, Jr., has always served above and beyond the mere efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the ~11 respect and admiration of his subordinates and fellow Councilmen; and ;~/~EREAS, L. A. Nelson, Jr., has been very active as a member of this Council, which elected him Mayor of the City of Denton in April of 1968, and again in April of 1969, which office continued until the end of his last term, which indicates the esteem this Council holds for him; and April 14, 1970 Continued WHEREAS, the City of Denton has; been extremely fortunate in having enjoyed the dedicated and outstanding services of Mayor L. A. Nelson, Jr., for the many years he has been with the City, and seek his future services and continued support which we know will be forthcoming; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DKNTON: _ that the sincere and warm appreciation of L. A. Nelson, Jr., felt by the citizens and officers of the City of Denton, be formally conveyed to him in a permanent manner by spreading this Resolution upon the official minutes of the City of Denton, Texas, and forwarding to h'im a true copy hereof; and BE IT FURTHER RESOLVED, that the City of Dentcm does hereby officially and sincerely extend its best wishes to the Honorable L. A. Nelson, Jr., for a long and suecessful career as a member of our connnunity, and as a civic leader. PASSED ANDAPPROVED this the 14M~ day of April, A. D. 1970. /s/ MAYOR CITY OF DENTON~ TEXAS ATTEST: /s/ CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Ayer, seconded by Neu that the Resolution be adopted. On roll call vote, Ayer voted "aye", Ramey voted "aye", Chambers voted "aye", Finlay voted "aye", and Neu voted "aye". Motion carried. ~ MAYOR CITY SECRETARY MUNICIPAL BUILDING April 28, 1970 Regular meeting of the City Council, City of Denton, Texas, Tuesday, April 28, 1970, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ramey and Chambers; City Manager, Assistant City Y~nager, City Attorney and City Secretary. ABSENT: Councilman Ayer 1. Motion was made by Neu, seconded by Ramey that the minutes of the regular meeting of April 14, 1970 be approved. Motion carried. 2. BIDS: (a) No. 70-6326 Sale of Fire Station Motion was made by Neu, seconded by Ramey that all bids be rejected and to authorize the purchasing agent to re-advertise with a minim~mbid of $16,000 as recommended by the City Manager. ~tion carried. (b) No. 70-6356 Blue Line Machine (Duplicating Blue Prints) Motion was made by Ramey, seconded by Neu that approval of the bid not be considered at this time and authority be given for re-bid, as recommended b/ the City Manager. Motion carried. (c) No. 70-6327 Pump For Power Plant ~tion was made by Neu, seconded by Ramey that the bid be awarded to Bowles & Edens, which would include two additions, at a bid of $2,268.75. Motion carried. (d) No. 6260-3 Ductile Iron Pipe Motion was made by Ramey, seconded by Chambers that the bid be awarded to United States Pipe & Foundry at a low bid of $3,066.00° Motion carried. 3. PETITIONS (a) A public hearing was held on the Petition of Bob A Crouch, requesting that the zoning classification of City Lots 3 and 4, Block 355 be changed from the "SF-7" Single family classification to the General Retail classification. After hearing 3 proponents and no opposition and a report by the City Planner, a motion was made by Neu, seconded by Chambers to table the Petition until the next regular Council meeting° Motion carried. (b) The Council discussed the preliminary site plan of the Hoyt Cole planned development area on old Highway 77. The City Planner briefed the Council on the project and the Council concurred that any approval should be contingent to the dedication of a 20' right of way along Highway 77, dedication of right of way for proposed extension of Windsor Drive, and contingent upon the then owners of the property paying for the cost for their portion of paving Windsor Drive, as recommended by the Planning and Zoning Commission. 4. ORDINANCES (a) An Ordinance requiring dogs to be kept on a leash, penned or fenced. : Motion was made by Neu, seconded by Chambers to withhold action until the next regular Council meeting and for the Manager to be prepared to recommend a date for final implementation of the ordinance. Motion carried. April 28, 1970 Continued (b) ORDINANCE NO. 70-13 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS , BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY TRACT IA OF BLOCK 4075-A, AS SHOWN ON TH~ OFFICIAL TAX MAP OF - THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Neu to adopt the ordinance. On roll call vote, Ramey voted "aye", Chambers voted "aye", Finlay voted "aye", and Neu voted "aye". Motion carried 5. The following Resolutions were presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,. HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 28TH DAY OF APRIL, A.D. 1970. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: Alex M. Finlay, Jr., Mayor of said City is hereby authorized and directed to sign and execute that certain agreement between the City of Denton and The Texas and Pacific Railway Company, being a Pipe Line License bearing File No. BC C 99-55-187, and dated April 17, 1970, which agreement is attached hereto and incorporated herein, and that said execution by the Mayor shall be deemed an act of the City Council for all purposes; and BE IT FURTHER RESOLVED, that the sum of One Hundred ($100.00) Dollars is hereby appropriated for purposes of covering clerical, administrative and handling expenses thereof. PASSED AND APPROVED this the 28th day of April, A.D. 1970. /s/ ALEX M. FINLAY, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /ts/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Neu, seconded by Ramey to adopt the Resolution. On roll call vote, Ramey voted "aye", Chambers voted "aye", Finlayvoted "aye", and Neu voted "aye". Motion carried. April 28, 1970 Continued (b) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 28TH DAY OF APRIL, A. D. 1970. RESOLUTION WHEREAS, as a condition to certain prescribed Federal financial and other aid and assistance, Section 101 (C) of the Federal Housing Act of 1954, as amended, requires the submission to the Department of Housing and Urban Development by each locality of a Program (Which shall include an official plan of action, as it exists from time to time, for effectively d~aling with the problem of urban slums and blight within the community and for the establish- ment and preservation of a well-planned co~unity with well-organized environment for adequate family life) for utilizing appropriate private and public resources to eliminate, and prevent the development or spread of, slums and urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of blighted, deteriorated, or slum areas, or to undertake such of the aforesaid activities or other feasible community activities as may be suitably employed to achieve the objectives of such a program; and WHEREAS, there has been prepared on behalf of the City of Denton for presentation to the said Department of Housing and Urban Development such a plan of action, which plan has been fully reviewed and considered by the governing body of said City, which plan appears to be an acceptable and effective plan of action for the aforesaid purposes; and WHEREAS, it is the desire, purpose and int~t of the City Council to utilize available appropriate private and public resources to the end that our City may rid itself of and prevent the development or spread of slums and urban blight and undertake such of the aforesaid activities or other feasible community activities as may be suitably employed to achieve the objectives of such plan; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Denton, Texas, that the hereinabove mentioned "Program for Community Improvement" for said City be, and the same is hereby, approved and adopted as the official plan of action of our conm~mity for effectively dealing with the problem of urban slums and blight within this community and for the e~tablishment and preservation of a well-planned community with well-organized environment for adequate family life, and the Mayor is hereby authorized and directed to present such "Program", together with all required supporting documents and statements, to the Secretary of the Department of Housing and Urban Development for approval pursuant to the provisions of said Title I, Housing Act of 1954, as amended. PASSED AND APPROVED this the 28th day of April ~ A.~ D. 1970. /si ALEX M. FINLAY, MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Neu, seconded by Ramey to adopt the Resolution. On roll call vote, Ramey voted "aye", Chambers voted "aye", Finlay voted "aye", and Neu voted "aye". Motion carried. April 28, 1970 Continued 6. Motion was made by Neu, seconded by Chambers that the statement of Norsworthy-Mercer for the month of March be approved for payment. Motion carried. 7. Motion was made by Neu, seconded by Chambers to set a public hearing on the proposed annexation of Ranch Estates for J~me 9, 1970, and to instruct - the City Attorney to prepare necessary notices in accordance with State law for suchhearing. Motion carried. 8. Motion was made by Ramey, seconded by Neu that Mayor Finlay be named representative of the City of Denton to the North Central Texas Council of Governments. Motion carried. 9. Motion was made by Ramey, seconded by Neu to request the Mayor to write a letter of commendation to the Denton Police Department for efforts expended in the investigation of the recent criminal case and for its overall excellent job of law enforcement. Motion carried. Meeting adjourned at 8:30 p.m. ~YOR C/iTY~SECRETARY MUNICIPAL BUILDING May 12, 1970 Regular meeting of the City Council, City of Denton, Texas, Tuesday, May 12, 1970, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ramey, Chambers and Ayer; City Manager, Assistant City Manager, Assistant City Attorney and City Secretary. 1. Motion was made by Neu, seconded by Ayer that the minutes of the regular meeting of April 28, 1970 be approved. Motion carried. 2. BIDS: (a) No. 70-6453 Sale of City owned houses to be moved from right of way Motion was made by Ramey, seconded by Chambers that high bids be awarded on Item 2 to Mrs. C. N. Redding at $1,878.00 and Item 7 to G. W. Shahan at $1,651.51 and that the City negotiate for the sale and/or removal of the other houses on the bid. Motion carried. (b) No. 70-6409 Sewer Line Extension - East University Drive Area Motion was ma~ by Neu, seconded by Ayer that the bid be awarded to Grady W. Collins Pipe Line Construction of Fort Worth at a low bid of $8,810.53. May 12, 1970 Continued 3. PETITIONS: (a) A public hearing was held on the Petition of John Sargent (S-13) requesting a Specific Use Permit to construct a mobile home park on part of City Lot 11, Block 187-2, in an Agricultural zoning district, which was reconmLended for approval by the Planning and Zoning Commission, with stipulations. The Council heard 2 proponents and 3 residents of the Loop 288 area who spoke in opposition. The Mayor closed the public hearing and the City Planner reported the recommendations of the Planning and Zoning Commission. Motion was made by Ayer, seconded by Ramey that the Petition be tabled until July 14, the first regular July meeting. Motion carried. (b) A public hearing was held on the appeal of Mr. Miles Pierce (Z1075), requesting that the zoning classification of City Lot 10, Block 187-2 be changed from the Agricultural classification to the Commercial Classification. It is also requested that the remaining portion of the 124.8 acre tract of land be annexed into the City of Denton with a Specific Use Permit to construct a mobile home park, which was recommended for denial by the Planning and Zoning Commission. Two spoke in favor of t~e Petition and 3 Loop 288 area residents spoke in opposition. The public hearing was closed and a report from the Planning and Zoning Commission was presented by the City Planner who suggested that the Petition be referred back to the Planning and Zoning Commission for study of the Commercial requested area and study of park and other areas. Motion was made by Neu, seconded by Ayer that the Petition be referred back to the Planning and Zoning Commission for further study and recommendations. Motion carried. (c) Z-1076, The appeal of Mr. Bob A. Crouch, requesting that the zoning classification of City Lots 3 and 4, Block 35S be changed from the "SF-7" Single family classification to the General Retail Classification, which was tabled from the last meeting, was considered. Motion was made by Neu, seconded by Ayer that the Petition be denied. Motion carried. (d) Motion was made by Ramey, seconded by Neu that the Petition of Sullins Development Company (Z-1080), requesting that the zoning classification of City Lots 3 and 12, Block 189 be changed from the "SF-7" Single family classification to the Planned Development classification be referred to the Planning and Zoning Commission for its recommendation. Motion carried. 4. ORDINANCES: The following Ordinances were presented: (a) Ordinance No. 70-14 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE CONTROL OF DOGS AND PROVIDING FOR THE LEASHING OF SAME; PROVIDING FOR CONFINEMENT AND QUARANTINE OF DOGS; MAKING IT UNLAWFUL TO PERMIT OR ALLOWANY DOG TO BE AT LARGE; SPECIFICALLY REPEALING CERTAIN ORDINANCES; PROVIDING A SAVINGS CLAUSE; PRESCRIBING A PENALTY FOR VIOLATION THEREOF; AND DECLARING ITS EFFECTIVE DATE. Motion was made by Ayer, seconded by Neu that the Ordinance be adopted and to become effective as of August 15, 1970. On roll call vote, Ramey voted "aye", Ayer voted "aye", Chambers voted "aye", Neu voted "aye", and Finlay voted "aye". Motion carried. May' 12, 1970 Continued (b) Ordinance No. 70-15 AN ORDINANCE VACATING AND ABANDONING AS PUBLIC STREETS A PORTION OF CHESTNUT STREET LYING BETWEEN AVENUEAAND AVENUE C, A PORTION OF SYCAMORE STREET LYING BETWEEN AVENUE B ANDAVENUE C, AND A PORTION OF AVENUE B LYING BETWE. ENMULBERRY STREET AND MAPLE STREET; SAID PORTIONS BEING FURTHER DESCRIBED THEREIN IN FULL, _ AFTER FINDING THAT THE PUBLIC CONVENIENCE ANDNECESSITYNO LONGER REQUIRE THEIR CONTINlJED EXISTENCE AS PUBLIC STREETS; RETAINING UTILITY RIGHTS THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Neu that the Ordinance be adopted and to become effective as of July 11, 1970. On roll call vote, Ramey voted "aye", Ayer voted "aye", Chambers voted "aye", Neu voted "aye", and Finlay voted "aye". Motion carried. (Prior to the approval of the above Ordinance the following letter was read by Mayor Finlay) NORTH TEXAS STATE UNIVERSITY DENTON, TEXAS May 8, 1970 Mr. Jim White City Manager City of Denton Denton, Texas Dear Mr. White: Since there appears to be son~ misunderstanding concerning the policy of the University to purchase property in the block bounded by Avenue B, West Mulberry, Avenue C, and Hickory Street, this statement is issued to explain and clarify an earlier statement made by the UrLiversity. The University has offered to purchase any property in the above area from the owners at a price based on a certified appraisal by a finn or person retained by the University bearing M.A.I. qualifications. This appraisal will be at the expense of the University. If the appraisal is unsatisfactory to the owner, then the owner may secure an appraisal of his own. If the appraised amounts are at great variance, then the University requests that the owner of the property, the University, and the appraisers get together and determine if the appraisals cover the same items. After this has been accomplished the University will attempt to arrive at a just and fair price for all concerned. Very truly yours, Jotm L. Carter, Jr. Vice President, Fiscal Affairs 5. RESOLUTIONS: The following Resolution was presented: AT AREGULARME, ETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 12TH DAY OF MAY, A. D. 1970. R E S O L U T I O N WHEREAS, the City of Denton, Texas, is in the process of, and contemplates, constructing additional,' sewage transmission and treatment facilities, the current one being known as Project WPC-TEX-471 at a total cost of approximately $1,139,791.00; and May 12, 1970 Continued. WHEREAS, the City of Denton, Texas, is unable to provide tJl~ total cost of such improvements; and WHEREAS, it is deemed necessary and proper to apply for federal grant under the Federal Water Pollution Control Act, Public Law 660, as amended, in order to have sufficient funds to complete these much needed improvements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT Alexander M. Finlay, Jr., Mayor of the City of Denton, Texas, being elected thereto by this Council on the 14th day of April, 1970, be and is hereby authorized and directed to execute and sign the necessary documents required to complete the above project on behalf of the City of Denton, for a Federal Grant under Public Law 660, as amended, to be applied to the cost of the construction of sewage facilities. The City of Denton hereby agrees that if a federal grant for the project is made pursuant to the Federal Water Pollution Control Act, the City will pay the remaining costs of the approved project; and such act of signing by said Mayor shall be an official act of the City of Denton. PASSED AND APPROVED this the 12th day of May, A. D. 1970. /si AI,EXANDER M. FINLAY, JR.,MAYOR CITY OFDBNTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY A~TORNEY CITY OF DENTON, TEXAS Motion was made by Neu, seconded by Ayer that the Resolution be adopted. On roll call vote, Ramey voted "aye", Ayer voted "aye", Chambers voted "aye", Neu voted "aye"and Finlayvoted "aye". Motion carried. 6. Motion was made by Neu, seconded by Ramey that the audit statement as presented by Peat, Marwick, Mitchell & Company be approved ~r payment. Motion carried. 7. The City Manager recon~nended that the audit firm of Ernst & Ernst of Fort Worth be employed as outside auditors ~r the fiscal year 1969-70. He pointed out that this firm was familiar with municipal accounting methods. Motion was made by Neu, seconded by Ayer that the audit firm of Ernst & Ernst be employed as outside auditors ~r the ~scal year 1969-70, as recommended by the City Manager. Motion carried. - 8. Motion wu made by Neu, seconded by Ramey that the Tax Adjustment Report submitted by Tax Assessor Collector, Hugh Mixon, ~r the month of April, 1970 be approved. Motion carried. 9. Motion was made by Neu, seconded by Chambers to approve the extension of the Sewage Treatment Plant contract with Elm Fork Construction Company, ~r a period of 90 days. Motion carried. 10. Mayor F~lay read a Proclamation to proclaim Pilot Month 1970 in ~y by Delta Airlines. Meeting adjourned at 10: 05 p.m.jr? ~~/J~ ~ ~fi' /~" -/ " MAYOR ,/CI*TYSECRETARY MUNICIPAL BUILDING May 26, 1970 Regular meeting of the City Council, City of Denton, Texas, ~uesday, May 26, 1970 at 7 p.m. in the Council. Chambers of the Municipal Building. PRESENT: Mayor Pro Tem Neu, Councilmen Ramey, Chambers and Ayer; City Manager, _ Assistant City Manager, City Attorney and City Secretary. ABSENT: Mayor Finlay 1. Motion was made by Ayer, seconded by Chambers that the minutes of the regular meeting of ~y 12, 1970 be approved. Motion carried, 2. BIDS: (A) No. 70-6505 Street Paint & Reflective Spheres Motion was made by Ramey, seconded by Chambers that the Bid be awarded as follows, as reconmmnded by the City Manager: Items 1,2 and 3 to Sh~rwin Williams Item: 4 to Prismo Universal Corporation Motion carried[. (B) No. 70-6520 A].uminum Sign Blanks Motion was made by Ayer, seconded by Ramey that the bid be awarded to low bidders as follows: Items 1-16 to Vulcan Sign Conrpany Items 17-23 to Traffic Sign Company Items 24-51 to 3MCon~any Motion carried. (C) No. 70-6538 Sale of Obsolete Transformers Motion was made by Ramey, seconded by Ayer that the bid be awarded to the City of Teague at a high bid of $1,050. Motion carried. (D) No. 70-6539 Sale of Fire Station Motion was made by Ayer, seconded by Chambers that the bid be awarded to W. V. Tunnicliff at a high bid of $13,599.99. Motion carried. 3. PETITIONS: (A) For Public Hearing: (1) A public hearing was held on the request of Juanita Wyche to annex a portion of a 17~855 acre tract of land located on the south side of Highway 77 Business at the intersection of Interstate 35E. There was no opposition to the request. Motion was made by Ramey, seconded by Chambers to instruct the City Attorney to prepare the necessary ordinance to armex this property. Motion carried. (2) A public hearing was held on the petition of Mrs. Kathleen Floyd, requesting that the zoning classification of City Lot 14, Block 4027, be changed from the "MF-I" Multi-family classification to the Neighborhood Service classification. After discussing the petition and hearing no opposition, motion was made by Ramey, seconded by Chambers that the petition be approved. Motion carried. May 26, 1970 Continued (B) For Referral Only: (1) Motion was made by Chambers, seconded by Ayer that City Block 4026, Lot 14 be referred to the Planning and Zoning Commission for possible reclassification. Motion carried. (2) Motion was made by Ayer, seconded by Ramey that the following Petitions be referred to the Planning and Zoning Commission for its recon~endations: Motion carried. (a) The request of Mrs. Lillian Sheppard Woods for a Quit Claim Deed to abandon the portion of Bradshaw Street from Hickory north, abutting the property of the M. D. Sheppard Estate. (b) S-16 The petition of Pi Kappa Phi Fraternity, requesting a Specific Use Permit to construct a fraternity house on City Lot Block 475, in a "MF-I" Multi-family zoning district. (c) Z-1082 The petition of Mr. Hoyt Wilson, requesting that the zoning classification of City Lot 53, Block 274, be changed from the '~F-i" Multi-family classification to the Neighborhood Service Classification. (d) %-1083 The petition of Miss Harvey Thompson, request- ing that the zoning classification of City Lot 3, Block 1000, be changed from the "SF-10" Single Family classification to the '~F-i" Multi-family classification. 4. ORDINANCES: (A) ORDINANCE NO. 70-16 A public hearing was held on the proposed zoning ordinance requesting a Specific Use Permit for mobile homes. The City Manager briefed the Council relative to the reasons for such an ordinance, followed by a report from the City Plarmer. There was no opposition to the ordinance. Motion was made by Ayer, seconded by Chambers that the ordinance be adopted. On roll call vote, Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", and Neu voted "aye". Motion carried. (B) Mayor Pro Tem Neu gave mobile home operators an opportunity to express their opinions on the proposed Mobile Home Ordinance. Three operators expressed opinions. There follows their comments and suggestions: (1) Smaller space requirements for travel trailers. (2) Objected to 5 foot fencing. (3) Objected to 15 foot distance of trailers from public street. (4) Desire 15 foot, not 20 foot minimum distance between mobile homes and trailers. (5) objected to fire proof material in storage facilities. (6) Requested more flexibility on width of streets-suggested 27 feet. (7) Desire 500 foot of street in cul-de-sac. (8) Objected to 8% gross park area for recreation-said "excessive". (9) Objected to individual water meters-"too expensive". (10) Objected to 3 foot cover of installed s~wer lines-"too expensive". (11) Objected to refuse racks-wanted to put cans on curb. (12) Objected to registration data on mobile homes-"invasion of privacy". (13) Objected to inspection of registers by City-"invasion of privacy". (14) Objected to parks being licensed-"discrimination". (15) Objected to skirting-"unnecessary". Motion was made by Ramey, seconded by Ayer that the City staff study the suggestions and prepare a recommendation to the Council at a future date. Motion carried. May 26, 1970 Continued 5. Motion was made by Ayer, seconded by Chambers that the contract for the construction of paving and drainage improvements of Carroll, Parkway and Henry streets be awarded to J. L. Bertram Construction and Engineering, Inc. of Fort Worth as a low bidder using concrete at a bid of $1,814,534.05, as recommended by the City Manager, Forrest and Cotton Engineers and the Director of Community Development, and that the Mayor be authorized to sign the necessary documents. Motion carried. The Manager stated that some work should be started within sixty to seventy days. 6. The Council considered[ the request of Mobile Systems, Inc. for water and sewer service outside the City Limits at the following locations: 1. Between Loop 288 and Mayhill Road, just south of McKinney 2. South of Interstate 35E and just east of Shady Shores overpass After considerable discussion, motion was made by Ramey, seconded by Ayer that the request be approved as recommended by the Utilities Board and the City Manager. Motion carried. 7. Motion was made by Ayer, seconded by Ramey that the agreement for construction, maintenance and operation of safety lights systems with the Texas Highway Department be approved. Motion carried. Motion was made by Ramey, seconded by Ayer to approve the Change Order r the Waste Water Treatment Plant Expansion Contract in the amount of $4,334. Motion carried. 9. Motion was made by Ayer, seconded by Chambers to authorize the Utilities Department to advertise for bids on equipment, as necessary for expansion of Steam Plant. Motion carried. 10. Motion was made by Ayer, seconded by Chambers to authorize the Utilities Department to provide water service to the Mayhill Community. Motion carried. 11. Motion was made by Chambers, seconded by Ramey that the contract for industrial gas for the Waste Water Treatment Plant be awarded to the Lone Star Gas Company. Motion carried. 12. Mayor Pro Tem Neu real the following: CERTIFICATE OF APPOINTMENT OF COFNISSIONERS AND DESIGNATIONOFTHE FIRST CHAIRMAN OF THE HOUSING ~JTHORITY OF THE CITY OF DENTON, TEXAS WHEREAS, the City Council of the City of Denton, Texas, held a duly authorized meeting on the 14th day of April, 1970, at which meeting the follow- ing entitled resolution was passed and adopted: '~ Resolution Finding and declaring that there exists a need for the Housing Authority of the City of Denton, Texas, to function" NOW, THEREFORE, pursuant to the provisions of said resolution and of Section 5 of the "Housing Authorities Law" of the State of Texas and by virtue of my office as Mayor: I hereby appoint the fi~e (5) persons hereinafter named to serve as Commissioners of the Housing Authority of the City of Denton, Texas, and to serve for the number of years appearing after their names respectively from the 26th day of May, 1970. Bruce Davis 2 years Jack ~own 2 years Bill Irwin 2 years Herman Herod 1 year Dr. Paul Young 1 year May 26, 1970 Continued I hereby certify that none of the above designated Commissioners is an officer or en~loyee of the City of Denton, Texas, but each of said Commissioners is a resident thereof. I hereby designate Bruce Davis to serve until the next annual meeting as the first Chairman of the Housing Authority of the City of Denton, Texas. IN WITNESS }iHEREOF, I have hereunto signed my name as Mayor of the City of Denton, Texas, and caused the official corporate seal of said City of Denton, Texas, to be attached hereto this 26th day of May, 1970. Is/ MAYOR ATTEST: /si CITY SECRETARY Meeting adjourned at 9:20 p.m. MAYOR MUNICIPAL BUILDING June 9, 1970 Regular meeting of the City Council, City of Denton, Texas, June 9, 1970 at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Councilmen Ramey, Ayer and Chambers, Mayor Pro Tem Neu, City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Ayer, seconded by Neu that the minutes of the regular ,- meeting of May 26, 1970 be approved. Motion carried. 2. BIDS: (A) #70-6615 Articulating Front-End Loader Motion was made by Neu, seconded by Chambers that the bid be awarded to the low bidder meeting specifications, Village Creek Equipment Company, Inc. at a net bid of $16,745.50. Motion carried. June 9, 1970 Continued 3. FOR PUBLIC HE~RINGS: (A) The Mayor opened the public hearing on the petition of Mr. Hoyt Cole, requesting that the zoning classification of City Lot 8, Block 415 be changed from the Agricultural classification to the Planned Development classification. It is also requested that the portion of the 30 acre tract of land which lies outside the city limits be annexed to the City of Denton. Don Harrison, owner of the land in question, stated that all City requirements have been met except one, which would be done. There was no opposition and the City Plarmer stated that the Planning and Zoning Commission recommends approval. Motion was made by Ramey, seconded by Neu to approve the petition, including annexation, and that the City Attorney be directed to prepare the necessary ordinances. Motion carried. (B) The Mayor opened the public hearing on a proposed ordinance to annex Ranch Estates Sub-division into the corporate limits of the City of Denton. The City Planner briefed the Council on the history of the case and stated that the Planning and Zoning Co~mission recommends that Ranch Estates be annexed. L. D. Sims, representing AT & SF Railroad, stated that the Railroad desired Industrial zoning for land within 500 feet of the Railroad line and asked to be advised when annexation is approved or when zoning changes are requested. Speaking against annexation was Jim Pierce, a resident of Ranch Estates, who read a petition signed by residents of Ranch Estates opposing annexation. Mike Whitten, Attorney for Ranch Estates property owners, read a lengthy list of questions. Whitten said that if answers were not given, legal action gould result. Mrs. Jim Pierce inquired if a private hearing could be arranged. Bill Hagen spoke in opposition to annexation. Mrs. Dorcell Young inquired as to the status of horses and dogs if Ranch Estates is annexed[. Gerald Flanagan requested that the City prepare an annexation feasibility study for Ranch Estates. Latham Jones stated that Ranch Estates needed a sewer system and the people wanted to know pro rata cost of such a system and were~seeking an equitable solution. The Mayor closed the public hearing by stating that Ranch Estates representatives could be heard by the Council at any public meeting and that after weighing the facts and consulting the City Staff the findings would be available. 4. The following Ordinances were presented: (A) ORDINANCE NO. 70-17 AN ORDINANCE VACATING AN ABANDONING AS A PUBLIC STKEET A PORTION OF AUSTIN STREET LYING BETWEEN PARKWAY STREET AN~)MCKINNEY STREET; SAID PORTION BEING FURTHER DESCRIBED THEREIN IN FULL, AFTER FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY NO LONGERREQUIRES ITS CONTINUED EXISTENCE AS A PUBLIC STREET; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer that the Ordinance · be adopted and that the Mayor be authorized to sign a Quit Claim Deed. On roll call vote, Ramey voted "aye", Ayer voted "aye", Chambers voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. June 9, 1970 Continued (B) The City Attorney introduced an Ordinance to annex a portion of a 17.885 acre tract of land into the City of Denton (request of Juanita Wyche.) Motion was made by Neu, seconded by Ramey that the City Attorney complete the necessary legal procedures for the requested annexation. Motion carried. (C) ORDINANCE NO. 70-18 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOT 14 OF BLOCK 4027, AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Chambers that the Ordinance be adopted. On roll call vote, Ramey voted "aye", Ayer voted "aye", Chambers voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (D) ORDINANCE NO. 70-19 AN ORDINANCE PROVIDING MINIMUM STANDARDS FOR MOBILE HOME PARKS AND TRAVEL TRAILER PARKS; PROHIBITING SUBDIVISIONS HAVING MIXED MOBILE HOME AND PERMANENT RESIDENTIAL USES; ESTABLISHING REQUIREMENTS FOR THE DESIGN, CONSTRUCTION, ALTERATION, EXTENSION AND MAINTENANCE OF MOBILE HOME PARKS AND TRAVEL TRAILER PARKS AND RELATED UTILITIES AND FACILITIES; AUTHORIZING THE ISSUANCE OF PERMITS FOR CONSTRUCTION, ALTERATION AND EXTENSION OF MOBILE HOME PARKS AND TRAVEL TRAILER PARKS; AUTHORIZING THE LICENSING OF OPERATORS OF MOBILE HOME PARKS AND TRAVEL TRAILER PARKS; AUTHORIZING THE INSPECTION OF MOBILE HOME PARKS AND TRAVEL TRAILER PARKS; AND FIXING PENALTIES FOR VIOLATIONS. The City Planner briefed the Council on the Ordinance. Motion was made by Ramey, seconded by Ayer to approve the Ordinance. On roll call vote, Ramey voted "aye", Ayer voted "aye", Chambers voted "aye", Neu voted "aye", and Finlay voted "aye". Motion carried. 5. Motion was made by Ayer, seconded by Neu that the petition of Donald Rainey, requesting a Specific Use Permit to install a mobile home on City Lot 7 Block 232, in a Conmercial zoning district, be referred to the Planning and Zoning Commission. Motion carried. 6. The City Manager recommended that negotiations be opened for the sale of the Fire Station on North Elm Street. Motion was made by Ayer, seconded by Neu that the Manager be authorized and instructed to negotiate for the sale of the Fire Station on Wednesday, June 10, 1970 at 5 p.m. in the City Manager's office. Motion carried. 7. Gerald Stone, Architect, presented another phase of plans for the proposed new Fire Station, stating that the revised estimate for the cost of construction is $89,000. Motion was made by Neu, seconded by Ayer to au~'horize Mr. Stone to proceed with plans and specifications for bids. Motion carried. 8. The Council considered the request of Mr. Miles Pierce, requesting that the zoning classification of City Lot 10, Block 187/2 be changed from the Agricultural classification to the Commercial classification, and the request that the remaining portion of the 124.8 acre tract be annexed into the City of Denton with a Specific Use Permit to construct a mobile home park. The City Planner stated that the Planning and Zoning Commission denied the request following considerable discussion. Motion was made by Ayer, seconded by Neu that the petition be denied. Motion carried. 24 June 9, 1970 Continued 9. The Council discussed the request of Sullins Development Company for a Planned Development zoning classification between Ruddell and Audra Lane, South of Latimore, which was referred to the Council by the Planning and Zoning Conmission for recommendation of plan changes. Motion was made by Ayer, seconded by Ramey to approve a minute order -- for the Planning and Zoning C,o~nission to proceed with its consideration of the petition of the Sullins Development Company. Motion carried. 10. The Council considered, the request of V. L. McCart to extend city utilities to a mobile home park site located north of the city limits on Stuart Lane. The City Manager stated that utilities extended outside the City would be at the expense of the developers. The Director of Utilities stated that a lift station would be required and that the Utilities Board recommended the extension. Motion was made by Neu, seconded by Ramey to approve the request. Motion carried. 11. The Council considered the request of NTSU to extend jurisdiction of street parking enforcement and the assignment of designated parking spaces. The Manager suggested that the Planning and Zoning Commission be requested to study the entire traffic problem in the NTSU area. Motion was made by Neu, seconded by Ramey that the matter be referred to the Planning and Zoning Commission for study and recommendations. Motion carried. 12. The Mayor read a Proclamation proclahning June as "Discover Flying Month", and presented it to H. V. Shepard, Airport Advisory Board Chairman. Meeting Adjourned at 10:25 p.m. MAYOR CI~ SECRETARY Municipal Building June 18, 1970 Special Meeting of the City Council, City of Denton, Texas, Thursday, June 18, 1970, 7 p.m., in the Council Chambers of the k~nicipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer, Ramey and Chambers; City Manager, Assistant City Manager, City Attorney and City Secretary. This Special Meeting was called for the purpose of explaining to the residents of Ranch Estates steps involved in an annexation procedure and to present pertinent information and answer questions relative to specific costs for sewer -and water lines under the pro-rata ordinance, and to present information concerning electric utilities and other City services. The City Manager presented the following information at the request of the Mayor: 1. Police and Fire protection, garbage collection and street maintenance (not capital improvements) will be available immediately following annexation. 2. The City of Denton is ready, willing and able to pay its share of sewer extensions under the pro-rata ordinance, with water service available, but the present water system in Ranch Estates could be utilized as long as it meets state requirements. 3. Electricity -- The City of Denton has a policy of acquiring Texas Power & Light Company properties as areas served by Texas Power & Light are annexed. Street lights will be furnished and guardian lights will be available at a nominal cost. 4. The estimated cost per home owner for sewer and water lines under the pro-rata ordinance is as follows: (A) Sewer -- $1,545 (price includes tap but not lines to residence.) (B) Water -- $1,595 (price includeB tap but not lines to residence.) Ail Ranch Estates residents desiring to speak were granted an audience, and questions were answered by the Mayor, Council Members and the City Staff. Meeting adjourned at 8:50 p.m. MAYOR Municipal Building June 23, 1970 Regular meeting of the City Council, City of Denton, Texas, Tuesday, June 23, 1970, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tern Neu, Councilmen Ayer and Chambers; Acting City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Councilman Ramey and City Manager -- 1. Motion was made by Ayer, seconded by Neu that the minutes of the regular meeting of June 9, 1970 and the special meeting of June 18, 1970 be approved. Motion carried. 2. BIDS: (A) #70-6622 Trucks and Bodies Motion was made by Neu, seconded by Ayer that the bid be awarded as follows: Items 1, 5 and 6 to Calvert Motors, less trade in of item 7, for net of $1.6,553.80 Item 2 to Davis Truck Parts, less item 4, for a net total of $8,633.33 (Trade 2 trucks and bodies from item 4 - retain 1 as backup truck) Motion carried. (B) #70-6688 Thrift Oil Company Building Motion was made by Neu, seconded by Chambers to authorize the City Staff to negotiate for the sale of the property and if efforts are unsuccessful then they be authorized to raze and remove the building. Motion carried. 3. A public hearing was held on the petition of Pi Kappa Phi Fraternity (S16), requesting a Specific Use Permit to operate a fraternity house on City Lot 13, Block 475, in a '%~F-l" Multi-family zoning district. The Director of Commu~ity Development gave a report to the Council from the Planning & Zoning Co~nission, who had reco~nended approval. After hearing proponents and one citizen in opposition, motion was made by Ayer, seconded by Chambers that the petition be referred back to the Planning & Zoning Commission for further study, due to the fact that it appears that park- ing requirements cannot be met. Motion carried. 4. The proposed ordinance annexing the Ranch £states area was introduced. Motion was made by Neu, seconded by Ayer that the ordinance be published in the Denton Record Chronicle on June 25, 1970. Motion carried. 5. The Mayor opened a public hearing on the Quit Claim Deed request by Mrs. Lillian Sheppard Woods to abandon a portion of Bradshaw Street from East Hickory South, abutting property of the M. C. Sheppard Estate. Albert Fox, land owner in the area stated that a Quit Claim Deed would deny access to a portion of his property. After considerable discussion, motion was made by Neu, seconded by Ayer to table the request for further study. Motion carried. 6. Gerald Stone, Architect, presented the completed plans and specifications for the proposed Fire Station, stating that completion could be expected by March 21, 1971 if construction begins soon. Motion was made by Neu, seconded by Ayer to approve the plans and specifications and to authorize the advertising for bids. Motion carried. 7. Motion was made by Neu, seconded by Chambers to approve the Tax Adjustment Report for the month of May, 1970, in the amount of $6,215.63. Motion carried. June 23, 1970 Continued 8. The Council discussed the recormnendations from the Planning & Zoning Commission on the request of NTSU for traffic enforcement jurisdiction and parking assignment authority. The Council was briefed by the Director of Community Development, the City Attorney and John Matt Howard, Engineer at NTSU. Joe Northern, businessman in the area spoke against approval. The Mayor relinquished the chair to Mayor Pro Tem Neu, stating that he owned property in the area involved. Motion was made by Ayer, seconded by Chambers that the request of NTSU for traffic enforcement jurisdiction and parking assignment authority be approved. Motion carried. Motion was made by Chambers, seconded by Ayer that the Legal Department be directed to prepare two separate ordinances covering traffic enforcement jurisdiction and parking assignment authority requested by NTSU. Motion carried. The Mayor took the chair. 9. Mayor Pro Tem Neu re~d the~'~re~ommendations of the Boards and Con~nissions Committee of the Council for citizen appointment to Monicipal Boards and Commissions. The following recommendations were presented: AIRPORT ADVISORY BOARD J. Earl Douglas 6-30-72 Terry Garland 6-30-72 Harwell Sheppard (Re-appt.) 6-30-72 Dr. Richard Ragsdale (Re-appt.) 6-30-72 BOARD OF ADJUSTMENT Rev. Herbert L. Polinard 6-30-72 W. D. Buttrill (Re-appt.) 6-30-72 BOARD OF EQUALIZATION David Fitch 6-30-71 Clayton Atkins (Re-appt.) 6-30-71 Garland Cates (Re-appt.) 6-30-71 LIBRARY BOARD Mrs. Sam Barton (Re-appt.) 6-30-72 Mrs. Robert Caldwell (Re-appt.) 6-30-72 Dr. David Speck (Re-appt.) 6-30-72 Sammy Spratt (Re-appt.) 6-30-72 PARKS AND RECREATION E. J. Milam ...... 6-30-72 Marion Smith (Re-appt.) 6-30-72 PLANNING & ZONING John Thompson 6-30-72 W. L. Kimble 6-30-72 PUBLIC UTILITY BOARD Marvin Ramey (Re-appt.) 6-30-74 BUILDING CODE Appointed some time ago but apparently terms not designated. Tom Davis 6-30-71 Fred Reed 6-30- 71 W. C. Orr, III 6-30-72 John Matt Howard 6- 30- 74 Gerald Stone 6- 30- 74 Motion was made by Neu, seconded by Chambers that appointment recommendations be approved as members of Boards and Commissions for the time periods indicated ~above. Motion carried. Meeting./~>~/~adjourned/~~_.at 8:35 p.m. ,~ MAYOR MUNICIPAL BUILDING July 14, 1970 Regular meeting of the City Council, City of Denton, Texas, Tuesday, July 14, 1970, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finley, Councilmen Ayer and Ramey; City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Councilman Chambers and Mayor Pro Tem Neu 1. Motion was made by Ayer, seconded by Ramey to approve the minutes of the regular meeting of June 23, 1970. Motion carried. 2. BIDS: The Director of Public Utilities briefed the Council on six (6) separate bids for equipment forunit #S expansion of the steam plant. ~tion was made by Ayer, seconded by Ramey that the bids be awarded as follows: (A) #70-6721 Power Transformers, Spec. #4904-E-28A to Federal Pacific Electric Company in the amount of $227,383.45. (B) #70-6722 Cooling Tower, Spec. #4904-M-10A to Marley Company for a total amount of $377,760.00. (C) #70-6723 Closed Feed Water Heaters, Spec. #4904-M-16A to Southwestern ~ngineering Company in the amount of $92,010.00. (D) #70~6724 Deaerator, Spec. #4904-M-16B to Chicago Heater Company in the amount of $36,100.00. (E) #70-6725 Boiler Feed Pu~p, Spec. #4904-M-32A to Allis-Chalmers Manufacturing Company in the amount of $136,767.00. (F) #70-6726 Surface Condenser, Spec. #4904-M-36A to DeLaval Turbine, Inc. in the amount of' $427,000.00. Motion carried. 3. PUBLIC HEARINGS: (A) Z-1082 A public hearing was held on the appeal of Mr. Hoyt Wilson requesting that the zoning classification of part of City Lot 53, Block 274 be changed from the '~W~-l"Multi-family classification to the Neighborhood Service Classification. The Director of CommuniSy Development advised the Council that the Planning and Zoning Commission had denied the request. After hearing one proponent and the protests of five citizens in the area, motion was made by Ramey, seconded by Ayer that the petition be denied as recommended by the Planning and Zoning Commission. Motion carried. (B) Z-1084 A public hearing was held to consider changing the zoning of City Lot 14, Block 4026 (Keno's Drive-in) from the "SF~7'' Single family classification to the Neighborhood Service classification. No one was present to speak for or against the petition, and the Director of Community Dew~lopment gave the recommendation of approval by the Planning and Zoning Commission. Motion w~ made by Ayer, seconded by-R~mey that the petition'be'approved as reco~men~ed by the Flanning & Zoning Commission. 4. Bruce Davis, Chairman of the Denton Public Housing Authority presented a report on public housing and stated that a survey has indicated that a definite need exists in Denton and asked that the Council approve the initial steps. Motion was made by Ayer, seconded by Ramey to accept the report and to commend the Housing Authority for its promptness in tackling the problem, and, further, due to the importance of the proposal and the quantity of the information needed to study this proposal, and since two Council Members were not present, that further action by the Council be tabled. Motion carried. 329 July 14, 1970 Continued 5. Motion was made by Ayer, seconded by Ramey that the petition of Hoyt Wilson, requesting that the zoning classification of City Lots 2 and 2.1, Block 312 and City Lot 2.5, Block 313 be changed from the "SF-7" Single family classification the "MF-I" Multi-family classification, be referred to the Planning and Zoning Commission for its recommendation. Motion carried. 6. Planning and Zoning Commission: (A) The Council discussed the recommendations of the Planning and Zoning Commission that the City Council issue a Specific Use Permit to the Utilities Department for each and every electrical sub-station location. Motion was made by Ayer, seconded by Ramey that public hearings be held on each individual sub-station location in order that the City comply with the zoning ordinance. Motion carried. (B) The Council discussed the request for a Quit Claim Deed by Lillian ShepardWoods, contingent to the dedication of easements where needed. Motion was made by Ramey, seconded by Ayer that the Quit Claim Deed be approved, contingent on dedication of the easements where needed. Motion carried. (C) The Council discussed at length the Specific Use Permit request by Pi Kappa Phi Fraternity for a fraternity house. Motion was made by Ayer, seconded by Ramey that the petition be approved as recommended by the Planning and Zoning Commission. Motion carried. (D) The Council considered the petition of Mr. John Sargent requesting a Specific Use Permit to construct a mobile home park on part of City Lot 11, Block 187-2, in an Agricultural zoning district (tabled from the May 12, 1970 meeting), and approved by the Planning and Zoning Commission. Motion was made by Ramey, seconded by Ayer that a Specific Use Permit be approved and that action be instituted to annex a portion of the property involved as agricultural. Motion carried. Motion was made by Ramey, seconded by Ayer to instruct the City staff to proceed with annexation procedures as requested by John Sargent. Motion carried. 7. ORDINANCES: The Council was briefed by the Manager on a proposed ordinance granting a franchise for removal and storage of wrecked and abandoned vehicles, and were asked to take the matter under advisement. Motion was made by Ramey, seconded by Ayer to table the proposed ordinance until the next regular meeting to give the Council an opportunity to thoroughly study the proposed ordinance. ~tion carried. 8. The ~Vmnager requested tha~ a special meeting be called to consider the necessary action for applying to HUD for a low rent housing program and submitting a Cooperation Agreement to the Public Housing Authority of Denton. The Council instructed the Manager to call the requested special meeting. 9. Motion was made by Ayer, seconded by Ramey that the Tax Adjustments Report for June, 1970 be approved in the amount of $3,067.62. Motion carried. 10. Motion was made by Ayer, seconded by Ramey to advertise for bids for tree trimming services as recommended by the City Manager. Motion carried. ;3O July 14, 1970 Continued 11. The following Resolutions were presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14TH DAY OF JULY, A. D. 1970. RESOLUTION WHEREAS, on behalf of the people of the City of Denton, Texas, the Mayor _ and City Council would like to take this opportunity to publicly express their deep and sincere appreciation of Mr. Noble Holland for his outstanding and dedicated contributions while serving on the Parks and Recreation Board of the City of Denton, Texas; and WHEREAS, during his tneure on this board he has served with dignity and enthusiasm, and has assisted in the development of a system of parks, and a recreation program, which are second to none, and of direct benefit to the majority of the citizens of our community; THEREFORE, on behalf of the people he has served so well, the City Council and .Mayor direct and order that a copy of this Resolution be forwarded to him, the said NOBLE HOLLAND. PASSED AND APPROVED this the 14th day of July, A. D. 1970. /si ALEXANDER M. FINLAY, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS AT A REGULARMEETING OF T~ CITY COUNCIL OF THE CITY OP DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14TH DAY OP JULY, A. D. 1970. R E S O L U T I 0 N WHEREAS, on behalf of the people of the City of Denton, Texas, the Mayor and City Council would like to take this opportunity to publicly express their deep appreciation of Paden Neely for his valuable public serivce as a Member of the Board of Equalization of the City of Denton, Texas, for the year 1969; and WHEREAS, during his term on this board he has performed a necessary public service in an outstanding and dedicated manner. The Mayor and City Council hereby extend their best wishes for his continued success as a community leader, and their desire for his valuable assistance in the future. THEREFORE, on behalf of the people he has served so well, the City Council and Mayor direct and order that a copy of this Resolution be forwarded to him, the said PADEN NEELY. PASSED AND APPROVED this the 14th day of July, A. D. 1970. /s/ ALEXANDER M. FINLA~, JR., MAYOR CITY OF DENTON, TEXAS July 14, 1970 Continued ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS (c) AT A REGULAR MEETING OF THE CITY COUNCIL OFT HE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14TH DAY OF JULY, A. D. 1970. RESOLUTION ~qEREAS, on behalf of the people of the City of Denton, Texas, the Mayor and City Council desire to publicly express their sincere gratitude to Mr. James Frisby for his valuable public service as a member of the Planning and Zoning Commission of the City of Denton, Texas; and ~tEREAS, the City Council and the Mayor hereby express their appreciation of the tireless and outstanding marmer in whicR he has performed these, and many other, public services, and extend their best wishes for his continued success as a community leader. THEREFORE, on behalf of the people he has served so well, the City Council and Mayor direct and order that a copy of this Resolution be forsarded to him, the said JAMES FRISBY. PASSED AND APPROVED this the 14th day of July, A. D. 1970. Is/ ALEXANDER M. FINLAY, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY GITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS (D) AT A REGULARMEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14TH DAY OF JULY, A. D. 1970. RESOLUTION WHEREAS, on behalf of the people of the City of Denton, Texas, the Mayor and City Council would like to take this opportunity to publicly express their deep appreciation of Clayton Atkins for his valuable public service as a Member of the Board of Equalization of the City of Denton, Texas, for the year 1969; and WHEREAS, during his term on this board he has performed a necessary public service in an outstanding and dedicated manner. The Mayor and City Council hereby extend their best wishes for his continued ;32 July 14, 1970 Continued success as a community leader, and their desire for his valuable assistance in the future. THEREFORE, on behalf of the people he has served so well, the City Council and Mayor direct and order that a copy of this Resolution be forwarded to him, the said CLAYTON ATKINS. PASSED AND APPROVED THIS the 14th day of July, A. D. 1970. Is/ ALEXANDER M. FINLAY, JR., MAYOR CITY OF DENTON, TEXAS A~B~: /s/ B~O~ HO~,CITY ~CRETARY CITY OF DENTON, ~XAS APPROVED AS TO ~GALFORM: JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS AT A REGULAR MBBTING OF T~ CITY COUNCIL OF THB CITY OF DBNTON, TBXAS, HELD IN TH]~ ~JNICIPAL BUILDING OF SAID CITY ON THE 14TH DAY OF JULY, A.D. 1970. RBSOLUTION WHERBAS, on behalf of the ]people of the City of Denton, Texas, the Mayor and City Council desire to publicly express their sincere gratitude to Mr. Charles Thompson for his valuable public service as a Member, and as Chairman, of the Pl ~anning and Zoning Commission of the City of Denton, Texas; and WHERBAS, the City Council and Mayor hereby express their appreciation of the tireless and outstanding manner in which he has performed these, and many other, public services, and extend their best wishes for his continued success as a community leader and educator. THEREFORE, on behalf of the 'people he has served so well, the City Council and Mayor direct and order that a copy of this Resolution be forwarded to him, the said CHARLES THOMPSON. PASSED AND APPROVED THIS the 14th day of July, A. D. 1970. /si ALEXANDER M. FINLAY, JR. , MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS July 14, 1970 Continued AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14TH DAY OF JULY, A. D. 1970. RESOLUTION WHEREAS, on behalf of the people of the City of Denton, Texas, the Mayor and City Council hereby publicly express their sincere appreciation of Grant Jacobson for his public seruice as a member of the Board of Adjustment of the City oflDenton, Texas; and WHEREAS, the City Council and Mayor wish to express their gratitude for the outstanding manner in which he has performed this essential public service, and extend their best wishes for his continued success in the future. THEREFORE, as a token of this appreciation, for the people he has served so well, the City Council and Mayor direct and order that a copy of this Resolution be forwarded to him, the said GRANT JACOBSON. PASSED AND APPROVED this the 14th day of July, A. D. 1970. /si ALEXANDER M. FINLAY, JR., MAYOR CITY OF DENTON, TEXAS AITEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS AT AREGULARMEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14TH DAY OF JULY, A. D. 1970. RESOLUTION WHEREAS, the people of the City of Denton, Texas, through their Mayor and City Council, wish to publicly express their sincere appreciation of and gratitude to, Mr. Oran "Skinny" Crouch for his valuable public service as a member of the Airport Advisory Board of the City of Denton, Texas~ and WHEREAS, the City Council and Mayor hereby officially and sincerely express - their gratitude for the tireless and outstanding manner in which he has performed this public service, and many other public services, and extend their best wishes for his continued success as an important community leader, and businessman, and continue assisting the growth and prosperity of our City, including its Airport which he helped to establish, and for which he has done so much. THEREFORE, on behalf of the people he has served so well, the City Council and Mayor direct and order that a copy of this Resolution be forwarded to him, the said ORAN "SKINNY"~CROUCH. PASSED AND APPROVED THIS the 14th day of July, A. D. 1970 AI,EXANDER M. FINLAY, JR., MAYOR CITY OF DENTON, TEXAS July 14, 1920 Continued ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS AT A REGULARMEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14TH DAY OF JULY, A. D. 1970. RESOLUTION WHEREAS, the people of the City of Denton, Texas, through their Mayor and City Council, wish. to publicly express their sincere appreciation of and gratitude to, Mr. Ray Hunt for his valuable public service as a member of the Airport Advisory Board of the City of Denton, Texas; and WHEREAS, the City Council and Mayor hereby officially and sincerely express their gratitude for the tireless and outstanding manner in which he has perfomed this public service, and many other public services, and extend their best wishes for his continued success as an importmlt co~unity leader, and businessman, and continue assisting the growth and prosperity of our City, including its Airport which he helped to establish, and for which he has done so much. THEREFORE, on behalf of the people he has served so well, the City Council and Mayor direct and order that a copy of this Resolution be forwarded to him, the said RAYHUNT. PASSED AND APPROVED this the 14th day of July, A. D. 1970. /s/ ALEXANDER M. FINLAY, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO .LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS AT A REGULARMEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE ~3NICIPAL BUILDING OF SAID CITY ON TH~ 14TH DAY OF JULY, A. D. 1970. RESOLUTION BE IT RESOLVED THAT THE FOLLOWING REMARKS BE ENTERED UPON THE MINUTES OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: a35 July 14, 1970 Continued THAT, on behalf of the people of the City of Denton, Texas, the _~4ayor and City Council of said City hereby publicly express their sincere appreciation of Mr. John M. Brooks for his valuable public service as Chairman of the Flow Memorial Hospital Board of Managers; and THAT, the City Council and Mayor wish to express their gratitude for the tireless and outstanding manner in which he has performed this essential public service, and extend their best wishes for his continued sucess in the future, although regretting that such a valuable Chairman has resigned from this important board; and FURTHER, as a token of the appreciation felt by the people he has served so well, the City Council and Mayor direct and order that a copy of this Resolution be forwarded to him, the said JOHN M. BROOKS. PASSED AND APPROVED this the 14th day of July, A. D. 1970. /s/ ALEXANDER M. FINLAY, JR. , MAYOR CITY OF DENTON, TEXAS ATFEST: /si BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY A~iTORNEY CITY OF DENTON, TEXAS Motion was made by Ayer, seconded by Ramey that the above Resolutions be adopted. On roll call vote, Finlay voted "aye", Ayer voted "aye", and Ramey voted "aye". Motion carried. 12. The matter of replacement for Clayton Atkins on the Board of Equalization was discussed. Motion was made by Ayer, seconded by Ramey that appointment of a replacement for Clayton Atkins be postponed until the next regular meeting. Motion carried. 13. Motion was made by Ramey, seconded by Ayer that the appointment of the Chairman of the Board of Adjustment be tabled until the next regular meeting. Motion carried. 14. Motion was made by Ramey, seconded by Ayer to approve a Correction Deed to Cecil Cornstubble. Motion carried. Meeting adjourned at 9:45 p.m. .,.~7 MAYOR ~/ ~ /~I~f SECRISTARY MINUTES OF THE MEETING OF THE CITY COUNCIL HELD ON THE 22ND DAY OF JULY, 1970 On the 22nd day of July at 5:00 o'clock p.m., the City Council of the City of Denton, Texas, met in Special Session. The meeting was called to order and on roll call the following members of the body were present: ~v~SSRS: Finlay, Neu, Rmney, Ayer and Chambers ABSENT: None Also present were the City Secretary, City Manager and City Attorney, and Assistant City ~V~ager. The Mayor ordered that the following Waiver and Consent be spread upon the Minutes: WAIVER OF NOTICE OF AND CONSENT TO SPECIAL MEETING We, the undersigned, do hereby accept notice of this Special Meeting, waiving any and all irregularities in the service of notice and do hereby consent and agree that the City Council, shall meet at their regular meeting place at 5:00 o'clock p.m., on the 22nd day of July, 1970, for the following purposes: Consider adoption of Cooperation Agreement with the Housing Authority; approve by resolution the application for a preliminary loan for low- rent public housing; and to transact any other business that may come before the meeting. /s/ ALEXANDER M. FINLAY, JR., MAYOR /s/ BILL NEU, MAYOR PRO-TEM /s/ HAROLD RAMEY, COUNCILMAN /s/ HUGH AYER, COUNCILMAN /s/ ROBERT CHAMBERS, COUNCILMAN There being a quorum present, the following business was transacted: The following Resolutions were introduced by Mayor Finlay, read in full and cons idered: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14TH DAY OF JULY, A. D. 1970. RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW-RENT PUBLIC HOUSING WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, to prevent the spread, of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens; and 33? July 22, 1970 Continued WHEREAS, under the provisions of the United States Housing Act of 1937, as amended, the Department of Housing m~d Urban Development is authoriZed to provide financial assistance to local public housing agencies for undertaking and carrying out pre- liminary planning of low-rent housing projects that will assist in meeting this goal; and WHEREAS, the Act provides that there shall be local determination of need for low- rent housing to meet needs not being adequately met by private enterprise that the Department of Housing and Urban Development shall not make any contract with a public housing agency for preliminary loans for surveys and planning in respect to any low-rent housing projects unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loan; and WHEREAS, the Housing Authority of the City of Denton, Texas, (herein called the "Local Authority") is a public housing agency and is applying to the Department of Housing and Urban Development for a preliminary loan to cover the costs of surveys and planning in connection with the development of low-rent housing for the elderly, disabled and handicapped. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: ~:-~ (1) There exists in the City of Denton, a need for such low-rent housing ~-P~ ~ for the elderly, disabled and handicapped at rents within the means of low-income ~ families; (2) The application of the Local Authority to the Department of Housing and Urban Development for a preliminary loan in an amount not to exceed $100,000.00 for surveys and planning in connection with low-rent housing projects of not to exceed approximately 250 dwelling units is hereby approved. PASSED AND APPROVED THIS the 14th day of July, A. D. 1970. /s/ ALEXANDER M. FINLAY, JR. , MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY RESOLUTION APPROVING COOPERATION AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF DENTON, TEXAS, AUTHORIZING ITS EXECUTION. WHEREAS, the City of Denton, Texas has caused to be published twice, in its officially designated newspaper, the notice of its intent to enter into a Cooperation Agreement with the Housing Authority of the City of Denton, Texas; and WHEREAS, 60 days or more have elapsed since the date of the first publication of said notice, with no petition for election being filed in accordance with the Housing Cooperation Law of Texas: NOW TH~REFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS AS FOLLOWS: 1. The Cooperation Agreement between the City of Denton, Texas, and the Housing Authority of the City of Denton, Texas is hereby approved. 2. The Mayor of the City of Denton, Texas is hereby authorized and directed to execute said agreement and the City Secretary of the City of Denton, ;38 July 22, 1970 Continued Texas is hereby authorized and directed to seal and attest said Cooperation Agreement in the name of the City of Denton, Texas. 3. This Resolution shall become effective immediately. 4. The Cooperation Agreement is in the following form to wit: THE STATE OF TEXAS ~ COOPERATION AGREEMENT COUNTY OF DENTON ~ THIS AGREEMENT entered into this 22nd day of July, 1970, by and between the Housing Authority of Denton, Texas,(herein called the "Local Authority") and the City of Denton (herein called the '~icipality"), WITNESSETH: In consideration of the mutual convenants hereinafter set forth, the parties hereto do agree as follows: 1. Whenever used in this Agreement: (a) The term "Project" shall mean any low-rent housing hereafter developed as m~ entity by the Local Authority with financial assistance of the United States of America (herein called the "Government"), pursuant to the United States Housing Act of 1937, as amended, and the Department of Housing and Urban Development Act; excluding, however, any low-rent housing project covered by any contract for loans and annual contributions entered into between the Local Authority and agencies of the Government prior to the date of this Agreement. (b) The term"Taxing Body" shall mean the State or any political subdivision or taxing unit thereof in which a Project is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation. (c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and non-dwelling rents (excluding all other income of such Project), less the cost to the Local Authority of all dwelling and non-dwelling utilities. (d) The term "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals. 2. The Local Authority shall endeavor (a) to secure a contract or contracts with the Government for loans and annual contributions covering one or more Projects comprising approximately units of low-rent housing for the aged, disabled and handicapped, and (b) .to develop and administer such Project or Projects, each of which shall be located within the corporate limits of the City of Denton. The obligations of the parties hereto shall apply to each such Project. 3. (a) Under the constitution and statutes of the State of Texas, all Projects are exempt from all real and personal property taxes and special assessments levied or imposed by any Taxing Body. With respect to any Project, so long as either (i) such Project is owned by a public body or governmental agency and is used for low-rent housing purposes, or (ii) any contract between the Local Authority and the Government for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies due to the Government in connection with such Project remain unpaid, whichever period is the longest, the Municipality agrees that it will not levy or impose any real or personal property taxes or special assessments upon such Project or upon the Local Authority with respect thereto. During such period, the Local Authority shall July 22, 1970 Continued make annual payments (herein called "Payments in Lieu of Taxes") in lieu of such taxes and special sssessments and in payment for the Public services and facilities furnished from time to time without other cost or charge for or with respect to such Project. (b) Each such annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Project, and shall be in an amount equal to either (i) ten percent (10%) of the aggregate Shelter Rent Charged by the Local Authority in respect to such Project during such fiscal year, or (ii) the amount permitted to be paid by applicable State law in effect on the date such payment is made, whichever amount is the lower. (c) The Local Authority shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in the proportion which the real property taxes which would have been paid to each Taxing Body for such year if the Project were not exempt from taxation bears to the total real property taxes which would have been paid to all Taxing Bodies for such year if the Project were not exempt from taxation; Provided, however, that no payment for any year shall be made to any Taxing Body in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the Project were not exempt from taxation. (d) Upon failure of the Local Authority to make any Payment in Lieu of Taxes, no lien against any Project or assets of the Local Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. 4. The Municipality agrees that, subsequent to the date of initiation (as defined in the United States Housing Act of 1937, as amended) of each Project and within five years after the completion thereof, or such further period as may be approved by the Government, there has been or will be elimination (as approved by the Government) by demolition, condemnation, effective closing, or compulsory repair or improvement, of unsafe or insanitary dwelling units situated in the locality or metropolitan area in which such Project is located, substantially equal in number to the number of newly constructed dwelling units provided by such Project; Provided, that, where more than one family is living in an unsafe or insanitary dwelling unit, the elimination of such unit shall count as the elimination of units equal to the number of families accommodated therein; and Provided, further, that, this paragraph 4 shall not apply in the case of (i) any Pro.ct developed on the site of a Slum cleared subsequent to July 15, 1949, and that the dwelling units eliminated by the clearance of the site of such Project shall not be counted as elimination for any other Project or any other low-rent housing project, or (ii) any Project located in a rural nonfarm area. 5. During the period commencing with the date of the acquisition of any part of the site or sites of any Project and continuing so long as either (i) such Project is owned by a public body or governmental agency and is used for low-rent housing purposes, or (ii) any contract between the Local Authority and the Government for loans or annual contributions, or both, in connection with such Project rema~ins in force and effect, or (iii) any bonds issued in connection with such Project or any monies due to the Government in connection with such Project remina unpaid, whichever period is the longest, the Municipality without cost or charge to the Local Authority or the tenants of such Project (other than thePayments in Lieu of Taxes) shall: (a) Furnish or cause to be furnished to the Local Authority and the tenants of such Project public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; (b) Vacate such streets, roads, and alleys within the area of such Project as may be necessary in the development thereof, and convey without charge to the Local Authority such interest as the Municipality may have in such vacated areas, and, insofar, as it is lawfully able to do so without cost or expense to the Local Authority or to the Municipality, cuase to be removed from such vacated areas, insofar as it may be necessary, all public or private utility lines and equipment. July 22, 1970 Continued (c) Insofar as the Municipality may lawfully do so, (i) grant such deviations from the building code of the Municipality as are reasonable and necessary to promote economy and efficiency in the development and administration of such Project, and at the same time safeguard health and safety, and (ii) make such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the development and protection of such Project and the surrounding territory; (d) Accept grants of easements necessary for the development of such Project; and (e) Cooperate with the Local Authority by such other lawful action or ways as the Municipality and the Local Authority may find necessary in connection with the development and administration of such Project. 6. In respect to any Project the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the Local Authorityl (a) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Project, together with all storm and sanitary sewer mains ~n such dedication areas, after the Local Authority, at its own expense, has completed the grading, improvement, paving, and installation thereof in accordance with specifications acceptable to the Municipality. (b) It will accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets bounding such Project or necessary to provide adequate access thereto (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned). 7. If by reason of the Municipality's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to furnish or to cause to be furnished to the Local Authority or to the tenants of any Project, the Local Authority incurs any expense to obtain such services or facilities then the Local Authority may deduct the amount of such expense from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any Project or any other low-rent housing projects owned or operated by the Local Authority. 8. No Cooperation Agreement heretofore entered into between the Municipality and the Local Authority shall be construed to apply to any Project covered by this Agreement. 9. So long as any contract between the Local Authority and the Government for loans (Including preliminary loans) or annual contributions, or both, in connection with any Project remains in force and effect, or so long as any bonds issued in connection with any Project or any monies due the the Government in connection with any Project remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of the Government. The privileges and obligations of the Municipality hereunder shall remain in full force and effect with respect to each Project so long as the beneficial title to such Project is held by' the Local Authority or by the Government or by any other public body or governmental agency authorized by law to engage in the development or administration of low-rent housing projects. If at any time the beneficial title to, or possession of, any Project is held by the Government, other, public body or governmental agency, the provisions hereof shall inure to the benfit of and may be enforced by the Government, such other public body or governmental agency. IN WITNESS WHEREOF, the Municipality and the Local Authority have respectively signed this Agreement and caused their seals to be affexed and attested as of the day and year first above written. CITY OF DENTON, TEXAS BY: /si ALEX M. FINLAY, JR., MAYOR July 22, 1970 Continued ATFEST: /s/ BROOKS HOLT, CITY SECRETARY HOUSING AUTHORITY OF DENTON, TEXAS BY: CHAIRMAN ATTEST: /s/ SECRETARY PASSED AND APPROVED this the 22nd day of July, A. D. 1970. ~si ALEXANDER M. FINLAY, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ARTORNEY CITY OF DENTON, TEXAS The first above Resolution was read in full, considered and discussed. Mr. Neu moved its passage and adoption and Dr. Chambers seconded the motion. On roll call the following vote was recorded: AYES: Neu, Ramey, Ayer, Chambers & Mayor Finlay. NAYS: None Thereupon the Resolution was declared duly adopted and passed. The second above Resolution was then read in full, considered and discussed. Dr. Ayer moved its passage and adoption, and Mr. Neu seconded the motion. On roll call the following vote was recorded: AYES: Neu, Ramey, Ayer, Chambers & Mayor Finlay. NAYS: None Thereupon the Resolution was declared duly adopted and passed. ADJOURNMENT: Meeting adjourned at 5:30 o'clock p.m. APPROVF. D: ATTEST: BROO[S~4:tOL~; CITY SECRETARY g42 JULY 22, 1970 CONTINUED CERTIFICATE I, Brooks Holt, Secretary of the City of Denton, Texas, hereby certify that I have compared the annexed extracts from the Minutes of the Special Meeting of the City Council of said City held on the 22nd day of July, 1970, with the original thereof, recorded in the Official Minute Book, and that it is a correct transcript therefrom and of the whole of said original; that the annexed extract of the minutes of the meeting is a true and complete transcript of such minutes and that the Resolutions contained therein are true, complete, and accurate copies of the Resol~utions adopted at said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and Seal of the City of Denton, Texas, this 22nd day of July, 1970. Is~ BROOKS HOLT, CITY SECRETARY ATTORNEY'S CERTIFICATE AND OPINION I, the undersigned City Attorney for the City of Denton, Texas, do hereby certify that I have examined the attached extract from the Special Meeting of the City Council of the City of Denton, Texas, held on the 22nd day of July, 1970, and it is my opinion that the aforesaid meeting was duly and legally held and that the Resolutions contained therein were duly and regularly adopted by such governing body in compliance with the laws of the State of Texas, and are not subject to referendt~n or the time for filing a petition for referendum has expired. /si CITY ATTORNEY ~JNICIPAL BUILDING July 28, 1970 Regular meeting of the City Council, City of Denton, Texas, Tuesday, July 28, 1970, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer, Chambers and Ramey; City Manager, Assistant City Manager, City Attorney and Assistant City Attorney. ABSENT: City Secretary 1. Motion was made by Neu, seconded by Chambers to approve the minutes of the regular meeting of July 14, 1970 and the special meeting of July 22, 1970. Motion carried. 2. BIDS: (A) #70-6474 Annual Electrical Supply Items 1-5 awarded to Longview Creosoting Company Items 6-46 awarded to Cummins Supply Company Items 47-494 Motion was made by Ramey, seconded by Neu to authorize the Purchasing Agent to make purchase from the acceptable low bidder meeting specifications, and that the Purchasing Agent be authorized to make purchase from the nearest warehousing agent in the event of tie bids. Motion carried. (B) #70-6854 Mower, Tractor, etc. Item 1 awarded to Colonial Motor Company, less trade in o--f-~m 2, for a total of $1,052.00. Item 3 awarded to Williamson Tractor Company, less trade in o--~tem 4, for a total of $4,248.20. Item 5 awarded to Village Creek Equipment Company, less tra-~in of item 6, for a total of $14,663.00. 3. FOR REFERRAL ONLY (A) Motion was made by Neu, seconded by Chambers that the petition of Mr. Robert E. Pruett (S-20), requesting a Specific Use Permit to have a mobile home park on City Lot 23, Block 240-Q, in an Agricultural zoning district be referred to the Planning and Zoning Commission. Motion carried. (B) Motion was made by Neu, seconded by Chambers that the petition of Mr. Dwight L. Archer, Jr. (S-21), requesting a Specific Use Permit to have a mobile home park on City Lot 5, Block 3S0-K, in a Light Industrial zoning district be referred to the Planning and Zoning Commission. Motion carried. 4. ORDINANCES: (A) Motion was made by Ayer, seconded by Ramey that the Ranch Estates Annexation Ordinance be tabled. Motion carried. (B) ORDINANCE NO. 70-20 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 11.80 ACRES LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE A. WHITE SURVEY, ABSTRACT NO. 1406, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS "C" COMMERCIAL DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ramey to approve the Ordinance. On roll call vote, Ramey voted "aye", Ayer voted "aye", Chambers voted "aye" , Neu voted "aye" and Finlay voted "aye". ~otion carried. ;44 July 28, 1970 Continued (C) ORDINANCE NO. 70-21 AN ORDINANCE AMENDING THE ZONING ~l~P OF THE CITY OF DENTON, TEXAS, 1969, AS SA~E WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS 6.085 ACRES OF LAND, AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer to approve the Ordinance. On roll call vote, Ramey voted "aye", Ayer voted "aye", Chambers voted "aye" Neu voted "aye" and Finlay voted "aye". ~otion carried. (D) ORDINANCE NO. 70-22 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SA~E WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOT 14 OF CITY BLOCK 4026, AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Neu to approve the Ordinance On roll call vote Ramey voted "aye", Ayer voted "aye", Chambers voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (E) After discussion of a proposed Wrecker Franchise Ordinance, and pursuant to a recommendation by the City Manager, a motion was made by Ayer, seconded by Ramey authorizing the City Manager to advertise for bids for removal and storage of wrecked and abandoned vehicles, pursuant to the terms defined in the proposed Wrecker Ordinance for a period of three years. Motion carried. (F) ORDINANCE NO. 70-23 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF T~ CITY OF DENTON TEXAS, BY REPEALING SECTION 12-21 OF ARTICLE 1 OF SAID CHAPTER AND ENACTING IN LIEU THEREOF A NEW ARTICLE I, SECTION 12-21; PROVIDING A PLACE FOR THE PROPER BURNING OF TRASH AND RUBBISH; PROVIDING - FOR THE INCLUSION OF CERTAIN ARTICLES WITHIN THE DEFINITION OF TRASH AND RUBBISH; PROVIDING THAT CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, SHALL REMAIN IN FULL FORCE AND EFFECT EXCEPT AS HERETOFORE AMENDED AND AS AMENDED HEREIN; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A FINE NOT TO EXCEED TWO HU~?~D ($200.00) DOLLARS; PROVIDING FOR AN EFFECTIVE DATE. 5~otion was made by Ramey, seconded by Ayer to approve the Ordinance. On roll call vote,Ramey voted "aye", Ayer voted "aye", Chambers -ted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 5. Mr. C. C. Smith appeared to request a variance in the zoning ordinance. His request was referred to the Board of Adjustment. 6. Mr. Henry Windham spoke to the Council regarding drainage problems in the Taylor Park Subdivision. Also appearing before the Council were Mr. Poteet and Mr. Don Wood. ?. Motion was made by Neu, seconded by Chambers to appoint Raymond Pitts to the Board of Equalization, replacing Clayton Atkins, who cannot serve. Motion carried. 8. The Council considered the appointment of an alternate member to the Board of Adjustment. This matter was referred to the Nominations Committee for further study. 9. The City Manager made a report on the Solid Waste Collection System. Meeting adjourned at 9:20 p.m. ~ '~,~]A, ~~. ~YOR~/~'~ A~AR~'-~-~ ~ICIPAL BUILDING kagust 11, 1970 Regular meeting of the City Council, City of Denton, Texas, Tuesday, August 11, 1970, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Pro Tern Neu, Councilmen Chambers and Ramey~ City Manager, Asst. City Manager, City Attorney and City Secretary. ABSENT: Mayor Finlay and Councilman Ayer 1. Motion was made by Chambers, seconded by Ramey to approve the minutes of the regular meeting of July 28, 1970~ Motion carried. 2. BIDS: (A) #70-6883 3/4 Ton Pickup and Dump Truck Motion was made by Ramey, seconded by Chambers that the bid be awarded to Bill Utter Ford at a bid of $6,770, as recommended by the City Manager. Motion carried. (B) #70-6895 Fire Station ~otion was made by Chambers, seconded by Ramey that the bid be awarded to Bert Moore Construction Company of Denton at a low bid of $111,941, as recommended by the City Manager. ~tion carried. 3. FOR REFERRAL ONLY: (A) Motion was made by Ramey, seconded by Chambers that the petition of T. L. Caruthers, requesting that the zoning classification of City Tract 5, Block 285 be changed from the Agricultural classification to the "SF~7TM Single family classification, and that an adjacent 16.8 acre tract of land be annexed into the corporate limits of Denton as "SF-7" Single family, be referred to the Planning and Zoning Commission. Motion carried. 4. PUBLIC~nARINGS: (A) A public hearing was held on the request of Don R. Harrison, et al, to annex a tract of land approximately 29 acres in size and located north of Highway 77 and east of Donna Del Estates into the city limits as a planned development district. Motion was made by Ramey, seconded by Chambers to instruct the City staff to take the necessary legal steps for annexation of the subject property. Motion carried. (B) A public hearing was held on the petition of Sullins Development Co., (Z-1080), requesting that the zoning classification of City Lot 3, Block 189 and City Lot 12, Block 179 be changed from the "SF-?" Single family classification to the Planned Development classification. (Plarming & Zoning recommended approval with stipulations.) Three spoke in favor of the petition, but no opposition. Motion was nmde by Chambers, seconded by Ramey to approve the petition with conditions as follows: 1. Ail multi-family structures will have a m~.~ximum of two stories. 2. Ail multi-family structures will have exteriors of at least 75% masonry. 3. Ail single-family and two-family structures will have exteriors of at least 35% masonry. 4. All interior utilities will be underground. Utilities along project boundaries may be overhead. 5. Density of multi-family will not exceed 20 units per acre. 6. Minimum living area for multi-family structures: One Bedroom 500 sq. ft. %vo Bedroom 750 sq. ft. Three Bedroom 900 sq. ft. Auom~.st iL1, 1970 Continued 7. Minimtm,~ living area for single-family structures: l~vo Bedroom - 850 sq. ft.. Three Bedreem - 950 sq. ft. 8. Neighborhood service areas will be limited to genera! retail uses. ~. 2~nat passage of the Planned Development Ordinmnce be ~-' withheld t~ntil final engineering drawings and specifica1:ions have been approved by both the Planning and Zoning Commission and ~ . thC City Council 10. That al 1 applicable portions of the Development comply with the City of Denton Subdivisien Rules and Regulations and all other codes and ordinances of the City of Denton. 11. That all 'street and utility construction comply with the standard specifications of the City of Denton. Motio~ carried. i(~') A public hearing was held on the petition of Miss Harvey Thompson, et al (Z-1083), requesting that the zoning classification of City Lots 3 and 4 and part of 1, Block 1000 be changed from the "SF-10" Single fs~nily classification to the Ptaxmed Development classification. (Planning and Zoning reco~aended approval with stipulations .)' After' hearing two proponents a~xd ten in opposition, motion was made by Ramey, seconded by Chambers that the petition be tabled until the first meeting in September and that the City staff be directed to advertise for a public hearing. Motion carried. (D) A public hearing was held on the petition of Mr. Hoyt Wilson, (Z-1085), requesting that the zoning classification of City Lots 2 and 2.1, Block 312 and City Lot 2.5, Block 312 and City Lot 2.5, Block 313 be changed from the "SF~7" Single family classification to the '%{F-l" Multi-family classification. (Planning and Zoning recommended approval) After hearing one proponent and two opponents, motion was made by Chambers, seconded by Ramey that the petition be tabled for further study. Motion carried, ~) A public hearing was held on the petition of Mr. Dale Brown, et al, requesting a Quit Claim Deed to abandon a 5-foot strip of the right-of-way along both sides of Donna Road and Del Drive in Donna Del Estates. (Planning and Zoning recon~nended approval with one condition) No proponents or opponents were present. Motion was made by Ramey, seconded by Chambers to approve the petition with the condition that an electrical easement be granted the City on this property and to authorize the Mayor to sign the Quit Claim Deed. Motion carried. S. ORDINANCES: (A) Ordinm~ce No. 70-24 ORDINANCE DII~CTING THE ISSUANCE OF NOTICE OF SALE OF BONDS THE STATE OF TE~S : COUT,rY OF DENTON : CI'i¥ OF D~2,?i'ON : THE CITY COUNCH~ OF TfIE CITY OF DEN~fON HEREBY ORDAINS: August 11, i970 Continued 1. That the City Secretary is directed to issue a Notice of Sale of Bonds in substantially the following form: "OFFICIAL NOTICE OF SALE" CITY OF DENTON, TEXAS $3,500,000 ELECTRIC REVENUE BONDS. SERIES 1970 $1,000,000 GENERAL OBLIGATION BONDS, SERIES 1970 ]]he City Council of the City of Denton, Denton, County, Texas, will receive sealed bids at the Municipal Building in the City of Denton until: 10:30 A.M., CDT, Tuesday, September 22, 1970, for the purchase of: $3~500,000 Electric Revenue Bonds, to be dated September 1, 1970, and to mature serially November 1 each year 1971 through 1995. $1,000,000 General Obligation Bonds, to be dated September 15, 1970 and to mature serially March 15 each year 1972 through 1991. Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and City Council, City of Denton, Texas", and must be submitted on the "Official Bid Form" to be made available by the City Council prior to the date of sale. Ail sealed bids will be public opened and tabulated before the Council. Copies of the "Official Statement" and "Official Bid Form" are being prepared and will be mailed to prospective bidders on or about September 4, 1970, and will be furnished to any prospective bidder upon request, by First Southwest Company, Mercantile Bank Building, Dallas, Texas, 75201, Financial Advisors to the City. The City reserves the right to reject any and all bids and to Waive any and all irregularities. By order of the City Council of the City of Denton, Texas. BROOKS HOLT CITY' SECRETARY CITY OF DENTON, TEXAS. After having read the Ordinance, motion was made by Chambers, seconded by Ramey that the Ordinance be adopted. On roll call vote, Chambers voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (B) An ordinance requested by General Telephone Company for rate changes to furnish extended area service was discussed. Motion was made by Ramey, seconded by Chambers to table the ordinance for further study. Motion carried. (C) Ordinance No. 70-25 AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ADDING NEW ARTICLE III TO SAID CHAPTER; PROVIDING A DEFINITION OF "STREET PATROL SERVICE OPERATOR" AND "STREET PATROL SPECIAL OFFICER "; PROVIDING FORT HE REGISTRATION OF STREET PATROL SERVICE OPERATORS AND STREET PATROL SPECIAL OFFICERS~ PROVIDING A MEANS OF MAKING APPLICATION FOR SUCH REGISTRATION; PROVIDING FOR AN INVESTIGATION PURSUANT TO THE ISSUANCE OF SUCH A REGISTRATION; PROVIDING THE AUTHORITY FOR THE CITY SECRETARY TO ISSUE SUCH REGISTRATIONS; PROVIDING FACTORS TO BE TAKEN INTO CONSIDERATION BY THE CITY SECRETARY IN THE ISSUANCE OF SUCH 348 August 11, 1970 Continued REGISTRATIONS; PROVIDING FOR A REGISTRATION FEE; PROVIDING FOR ANAPPEAL TO THE CITY COUNCIL ON THOSE APPLICATIONS REFUSED BY THB CITY SECRETARY; PROVIDING THE DUTIES OF THE POi, ICE DEPARTMENT IN THE PROCESSING AND GRANTING OF SUCH REGISTRATION; PROVIDING CERTAIN DUTIES FOR THOSE REGISTERED UNDER THIS ARTICLE; PROVIDING FOR THai REVOCATION OF STREET PATROL SPECIAL OFFICERS' REGISTRATION BY THE CITY SECRETARY; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A FINE NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Chambers, seconded by Ramey to adopt the ordinance. On roll call vote, Chambers voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. (D) Ordinance No. 70-26 AN ORDINANCE AUTHORIZING NORTH TEXAS STATE UNIVERSITY CAMPUS PATROLMEN TO ENFORCE ALL TRAFFIC LAWS WITHIN A PARTICULAR DESCRIBED AREA; PROVIDING THAT SUCH PATROLMEN SHALL NOT BE EMPLOYEES OF THE CITY OF DENTON, TEXAS, NOR BE ENTITLED TO ANY COMPENSATION FROM THB CITY OF DENTON, TEXAS, FOR SERVICES PERFORMED; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Chambers to adopt the ordinance. On roll call vote, Chambers voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. 6. The Council discussed the recommendation of Forrest and Cotton, Inc. that the proposal of Trinity Engineering Testing Corporation be accepted on the paving and ~rainage improvements on Carroll Street, Parkway and Henry Streets. Motion was made by Ramey, seconded by Chambers that the proposal of Trinity Engineering Testing Corporation be accepted as recomnended by the City Manager, the Director of Community Development and Forrest and Cotton, Gonsulting Engineers. Motion carried. 7. Motion was made by Chambers, seconded by Ramey to approve the Tax Adjustments Report for the month of July, 1970. Motion carried. Meeting adjourned at 9:55 p.m. MAYOR SEC~T~Y ~!~JNIC IPAL BUILDING August 25, 1970 Regular meeting of the City Council, City of Denton, Texas, Tuesday, August 25, 1970, at 7 p.m., in the Cotmcil Chambers of the ~.~nicipal Building. PRESENT: Mayor Finlay, Mayor Pro Tern Neu, Councilmen Ayer, Ramey and Chambers; City Manager, Assistant City Manager, City Attorney 1. Motion was made by Neu, seconded by Chambers that the minutes of the regular meeting of August 11, 1970 be approved. Motion carried. 2. BIDS: (A) #70-7054 Gas & Oil Motion was made by Ramey, seconded by Neu that the bid be awarded to the low bidder as follows: ITEM 1 premium gasoline to Ben Ivey Oil Co. at .1318~ per gallon; ITEM 2 diesel fuel to Caruthers Oil Co at .0996~ per gallon; ITt~ 3 motor lube oil to Caruthers Oil Co. at .5346~ per gallon; ITEM 4 H. D. diesel engine oil to Caruthers Oil Co at .6831¢ per gallon; ITEM 5 non- detergent oil to Caruthers Oil Co. at .4356~ per gallon; ITeM 6 Hydraulic oil to Caruthers Oil Co. at .4752¢ per gallon; ITEM 7 Gear lubricant to Ben Ivey Oil Co. at .12¢ per pound; ITEM 8 Chassis grease to Eagle Oil Co. at .1425¢ per pound; and ITEM 9 Automatic transmission fluid to Ben Ivey Oil Co. at 1.01~ per gallon. Motion carried. 3. Bill Thomas, representative of the Chamber~of Commerce Retail Trade Development Committee requested permission to hold a city wide sidewalk sale on September 4, 1970. The City Attorney and the City Manager pointed out the liability involved for the City. Following considerable discussion, motion was made by Neu, seconded by Ramey to approve the request contingent upon a satisfactory agreement between the City Manager and the City Attorney relative to liability. Motion carried. 4. Mr. Tom Garbacik, Exalted Ruler of the new Denton Elk's Lodge, presented information relative to the purposes of the Lodge. The Council stated that they were pleased that the new Lodge .had been organized in Denton. 5. PUBLIC HEARINGS: (A) S-19 A public hearing was held to consider the issuance of a Specific Use Permit to the Utility Department for the electrical sub-station located at the corner of Bonnie Brae and West Hickory. AY~er h~aring one proponent and one against transformer noise but not issuance of the permit, a motion was made by Ayer, seconded by Neu that the petition be approved and a Specific Use Permit issued as recommended by the Planning and Zoning Commission. Motion carried. (B) S-20 A public hearing was held to consider the petition of Robert E. Pruett, requesting a Specific Use Permit to have a mobile home park on City Lot 23, Block 350-Q, in an Agricultural zoning district. After hearing one proponent and no opposition, motion was made by Neu, seconded by Chambers that the petition be approved and a Specific Use Permit be issued as recommended by the Planning and Zoning Commission. Motion carried. (C) S-21 A public hearing was considered on the petition of Mr. Dwight L. Archer, Jr., requesting a Specific Use Permit to have a mobile home park on City Lot 5, Block 350-K, in a Light Industrial Zoning district. After hearing one proponent but no opposition, motion was made by Neu, seconded by Ayer that the petition be approved and a Specific Use Permit be issued as recommended by the Planning & Zoning Commission. ~otion carried. August 25, 1970 Continued 6. ORDINANCES: (A) An ordinance was introduced, requesting publication only, for annexation of 29 acres located north of Highway 77 north. Mo~ion was made by Neu, seconded by Ramey to authorize the City Attorney to proceed with the publication of the ordinance for annexation of 29 acres located north of Highway 77 north. Motion carried. (B) The Com~cil discussed the proposed Ranch Estates Annexation ordinance. Mayor Finlay suggested that more study and investigation be given this ordinance before final action. After discussion, motion was made by Ayer, seconded by Ramey that the matter be tabled. Motion carried. (C) ORDINANCE NO. 70-27 AN ORDINANCE GRANTING TO TH~ GOVERNING BOARD OF NORTH TEXAS STATE UNIVERSITY JURISDICTION AND CONTROL OF THE PARKING LANES WITHIN CERTAIN DESCRIBED STREET PORTIONS WHICH ABUTT PROPERTY OWNED BY THE STATE OF TEXAS; PROVIDING LIMITATIONS TO SUCH JURISDICTION AND CONTROL; PROVIDING A PENALTY FOR VIOLATING PROVISIONS THEREOF; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by R~mey, seconded by Neu that the ordinance be adopted. On roll call vote, Ayer voted "aye", Ramey voted "aye", Chambers voted "aye", Neu voted "aye" and Finlay voted "aye". ~tion carried. 7. Motion was made by Neu, seconded by Chambers that change orders number 5 and 6 in the contract with Elm Fork Construction Company for~the Sewage Treatment Plant Expansion be approved, as recommended by the Utilities Board, Consulting Engineers and the City Staff. Motion carried. 8. Motion was made by Neu, seconded by Ramey to approve the April, May and June, 1970 statements of Norsworthy-Mercer, Inc., as approved by the Director of Utilities in the amount of $9,719.79. Motion carried. 9. Motion was made by Neu, seconded by Ayer to approve the Supplemental Agreement No. 1 to Carroll Street Contract with J. L. Bertram Construction & Engineering, Inc. Motion carried. 10 Motion was made by Neu, seconded by Ayer that a public hearing on the Municipal Budget for the fiscal year ?0-71 be held by the City Council on Tuesday, September 15, 1970 at 7:00 p.m. Motion carried. Meeting adjourned at 9:27 p.m. SECRETARY MUNICIPAL BUILDING September 8, 1970 Regular meeting of the City Council, City of Denton, Texas, Tuesday, September 8, 1970, at 7 p.m., in the Council Chambers of the ~tlnicipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ramey and Ayer; City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Councilman Chambers 1. Motion was made by Neu, seconded by Ayer to approve the minutes of the regular meeting of August 25, 1970. Motion carried. 2. BIDS: (A) #70-4758 Water Meters ~tion was made by Neu, seconded by Ramey that the bids be awarded as follows, as recommended by the City Manager: ITEMS 1 through 4: to 5/8" x 3/4" through 2" to Bowles and Eden Corporation, Dallas, Texas for the "Singer American Meter." IT,S 5 through 9: 2" through 6" Compound and the 2" Fire Hydrant Meter to Hersey-Sparling Meter Co. Motion carried. (B) #70-7092 Demolition and remodel of two commercial buildings, one on Highway 24 at Beaumont and one on Carroll at Sunset. Motion was made by Neu, seconded by Ayer that the bid be awarded to Edwin O. Fulton, subject to a properly executed contract, at a low bid of $9,457.50. Motion carried. (C) #70-7277 Removal of house located at 2019 Bolivar Motion was made by Ramey, se¢onded by Neu that the bid be awarded to Wayne Autrey and Taylor Vinson at a bid of $$05.00'. (Only Bidders) Motion carried. .. 3. PUBLIC HEARINGS: (A) Z-1052 A public hearing was held on the petition of Jack Bowden requesting zoning classification of parts of City Lots 1, 2, 3, 4, 6 and 7, Block 438 be changed from the "SF-i" Single Family classification to the Parking classification, which was recommended for approval by the Planning and Zoning Commission. After hearing one proponent but no opposition and a discussion of a technical problem along Carroll Street on the west of the property, motion was made by Ramey, seconded by Neu that the petition be tabled to ~vork out an equitable solution to the technical problem. Motion carried. (B) Z-1083 A public hearing was held the of on petition Miss Harvey Thompson that the zoning classification of City Lots 3 and 4 and part of 1, Block 1000 be changed from the "SF-10" Single Family classification to the Planned Development classification~ which was recommended for approval by the Planning and Zoning Commission. After hearing 4 proponents and 17 residents of the area in opposition and a report from the Planning and Zoning Commission, motion was made by Ramey, seconded by Neu that the petition be denied. Motion carried unanimously. ;52 September 8, 1970 Continued 4. The following Ordinances were presented: (A) ORDINANCE NO. 70-28 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS Motion was made by Neu, seconded by Ayer that the Ordinance be adopted. On roll call vote, Ramey voted "aye", Ayer voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (B) ORDINANCE NO. 70-29 AN ORDINANCE ENABLING THE MAYOR OF THE CITY OF DENTON, OR HIS SUCCESSOR, TO REGULATE THE OPERATION OF, AND SALES BY, CERTAIN BUSINESSES, AND THE PRESENCE OF PERSONS IN PUBLIC STREETS, SIDEWALKS, PARKS AND OTHER PLACES DURING TIMES OF CRISIS OR IMPENDING CRISIS; DEFINING CERTAIN TERMS AND PROVIDING THE METHOD OF ADDITIONAL REGULATIONS, AND STANDARDS THEREFORE; PROVIDING PENALTIES FOP~ VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer to adopt the Ordinance. On roll call vote, Ramey voted "aye", Ayer voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 5. Motion was n~de by Ramey, seconded by Neu that the Tax Adjustments Report for the month of August, 1970 in the amount of $3,892.22, as prepared by Tax Assessor-Collector Hugh Mixon, be approved. Motion carried. Meeting adjourned at 10 p.m. MAYOR C ITY?/S~CRETARY MUNICIPAL BUILDING September 15, 1970 Special meeting of the City Council, City of Denton, Texas, Tuesday, September 15, 1970, at 7 p.m., in the Coo~lcil Chambers of the ~tmicipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer, Ramey and Chambers; City Manager, Assistant City ~anager, City Attorney and City Secretary 1. Mayor Finlay opened a public hearing on the proposed 1970-71 Municipal Budget. (A) Marvin Loveless, ex-Councilman made the following suggestions: (1) Transfer 7 1/2% rather than 6% of the net investment of the Ykmicipal Utilities to the General Fund and consider Charter changes to allow this increase. September 15, 1970 (2) Suggested that the school system be given a special utility rate. (3) Suggested that the ~micipal Utilities pay taxes to the school system equivalant to taxes paid by other utility companies. Since no other citizen spoke regarding the budget, the Mayor closed the public hearing and directed the City Attorney to prepare a budget ordinance to be considered at the next meeting. Meeting adjourned at 7:25 p.m. ~ MAYOR CITY SECRETARY MUNICIPAL BUILDING September 22, 1970 Special meeting of the City Council, City of Denton, Texas, Tuesday, September 22, 1970, at 10:30 a.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Pro Tem Neu, Councilmen Ramey and Chambers, City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Mayor Finlay and Councilman Ayer 1. The meeting was called to receive bids on General Obligation and Electric Revenue Bonds. _~'~ Motion was made by Ramey, seconded by Chambers to accept a good faith '~of First Southwest Conrpany in the event that Underwood-Neuhaus and Conrpany was 'the successful bidder, as requested by Frank Medanich, representing First Sout~west Company. Motion carried. 2. Bids were received, opened and tabulated for the sale of $1,000,000, City of Denton, Texas, General Obligation Bonds, Series 1970. (A) ORDINANCE NO. ?0-30 AN ORDINANCE AUTHORIZING ISSUANCE OF GENERAL OBLIGATION BONDS Motion was made by Ramey, seconded by Chambers that the ordinance be adopted. On roll call vote Ramey voted "aye", Chambers voted "aye" and Neu voted "aye". Motion carried. (The bid of Republic National Bank of Dallas & Associates was accepted as the best bid at an effective interest rate of S.7627%.) September 22, 1970 Continued 3. Bids were received, opened and tabulated for the sale of $3,500,000, City of Denton, Texas, Electric Revenue Bonds, Series 1970. (A) ORDINANCE NO. 70-31 AN ORDINANCE AUTHORIZING ISSUANCE OF ELECTRIC REVENUE BONDS Motion was made by Chambers, seconded by Ramey that the ordinance be adopted. On roll call vote Ramey voted "aye", Chambers voted "aye" and Neu voted "aye". Motion carried. (The bid of First; Boston Corporation of Boston, Mass. was accepted as the best bid at an effective interest rate of 5.9514%.) Meeting adjourned at 12:10 p.m. MAYOR BILL NEU-MAYOR PRO TEM PRESIDING MUNICIPAL BUILDING September 22, 1970 Regular meeting of the City Council, City of Denton, Texas, Tuesday, September 22, 1970, at 7:00 p.m., in the Council Chambers of theM unicipal Building. PRESENT: Mayor Pro Tem Neu, Cmmcilmen Ayer, Ramey and Chambers; City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Mayor Finlay 1. Motion was made by Rmney, seconded by Ayer to approve the minutes of' the regular meeting of September 8, 1970, the special meeting of September 15, 1970 and the special meeting of September 22, 1970 at 10:30 a.m. Motion carried. 2. BIDS: (A) No. 70-7140-E-18A Dual Switchboards Motion was made by Ayer, seconded by Ramey that the bid be awarded to Keystone Manufacturing Company at a low bid of $34,000. Motion carried. (B) No. 70-7143-E-24A Sub-Station Equipment Motion was made by Ayer, seconded by Ramey that the bid be awarded to Allis-Chalmers at a bid of $109,600, as recormnended by the Utilities Board, the City Manager and the Director of Utilities. Motion carried. September 22, 1970 Continued 3. A public hearing was held on the petition of Tommy Carruthers requesting that the zoning classification of City Tract 5, Block 285, be changed from the Agricultural zoning classification to the "SF-7" Single Family classification, and that the adjacent 16.8 acre tract of land be annexed into the corporate limits of Denton as "SF~?" Single Family zoning, which was recommended for approval by The Planning and Zoning Commission. After hearing one proponent but no opposition, motion was made by Ayer, seconded by Chambers that the petition be approved and to instruct the City Attorney to proceed with the necessary legal steps to annex said property as "SF-7". Motion carried. 4. ORDINANCES The following Ordinances were presented: (A) ORDINANCE NO. 70-32 ~ ORDINANCE AMENDING CHAPTER 25, ARTICLE II, SECTION 25-21, OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ADDING NEW SUB-SECTION D TO SAID SECTION; PROVIDING FOR A NEW ELECTRIC RATE FOR LOCAL GOVERNMENTAL AGENCIES; PROVIDING FOR A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Ayer that the Ordinance be adopted. On roll call vote Ramey voted "aye", Ayer voted "aye", Chambers voted "aye" and Neu voted "aye". Motion carried. (B) ORDINANCE NO. 70-33 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1970, AND ENDING ON SEPTEMBER 30, 1971; REVISING THE BUDGET FOR THE PRECEDING FISCAL YEAR ENDING ON SEPTEMBER 30, 1970; LEVYING TAXES FOR THE YEAR 1970 TO BE ASSESSED ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Chambers, seconded by Ayer that the Ordinance be adopted. On roll call vote Ramey voted "aye", Ayer voted "aye", Chambers voted "aye" and Neu voted "aye". Motion carried. 5. RESOLUTION (A) The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 22ND DAY OF SEPTEMBER, A. D. 1970. RESOLUTION IFHEREAS, in 1969 one certain Phyllis George, a lifetime resident of Denton, Texas, and the daughter of our own J. Robert George, was chosen Miss Denton; and in 1970 became the second Texan in history to be crowned MISS AMERICA for 1971; and ~FHEREAS, throughout her development and study in our community, ~iss George has unselfishly given her time, talents and inspiration in promoting and advertising "Dynamic Denton"; and ~IEREAS, citizenry of all aspects of the Denton Community who know Miss George personally, or feel they do, consider her to be the "perfect Miss America"; and ;YHEREAS, the beauty, energy, personality and sincerity of Phyllis George indicate that the City of Denton could not be better represented by any person; September 22, 1970 Continued NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: that this body take this means of officially expressing its personal _ appreciation to Phyllis for granting our City this great honor, and we are proud to be cast in her beautiful shadow. The City Council hereby extends to Miss Phyllis George, her family and friends, its sincerest congratulations and best wishes as MISS AMERICA 1971, and expresses its desire that her reign be a happy and successful one; and that she return to us soon. BE IT FURTHER RESOLVED: That Phyllis George, MISS A~4ERICA 1971, is hereby appointed AMBASSADRESS of the City of Denton from this day forward; a minister of the highest rank to represent this City in an official capacity. PASSED AND APPROVEP this the 22nd day of September, A. D. 1970. /si ALEXANDER M. FINLAY, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY AqlTORNEY CITY OF DENTON, TEXAS Motion was made by Ayer, seconded by Ramey that the Resolution be adopted. On roll call vote Ramey voted "aye", Ayer voted "aye", Ch~rnbers voted "aye" and Neu voted "aye". Motion carried. 6. Motion was made by Chambers, seconded by Ramey that two hour parking zones be placed on both sides of Mulberry between S. Locust and S. Elm and both sides of S. Locust from Mulberry to Sycamore. Motion carried. 7. Motion was made by Ayer, seconded by Chambers that the request of General Telephone Company for a revision in service on rates for metro service be denied. Motion carried. Meeting adjourned at 7:55 p.m. MUNICIPAL BUILDING October 13, 1970 Regular meeting of the City Council, City of Denton, Texas, Tuesday, October 13, 1970, at 7:00 p.m., in the Council Chambers of the ~unicipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer, Chambers and Ramey; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Ayer, seconded by Chambers that the minutes of the regular meeting of September 22, 1970 be approved. Motion carried. 2. FOR REFERRAL ONLY: (A) S-25 Motion was made by Chambers, seconded by Ramey that the petition of Dr. Shelton asking that a Specific Use Permit be granted for the operation of a private school at 223 East University Drive be referred to the Planning and Zoning Commission. Motion carried. (B) Z-1091 ~otion was made by Neu, seconded by Chambers that the petition of Mr. Archie Kelly asking that the zoning classification of part of City lots 7 and 8, Block 276-A be changed from the "SF-7" Single family classification to the General Retail classification be referred to the Planning and Zoning Commission. Motion carried. 3. VI SITORS: Mike Whitten, local attorney, read a letter from Mr. and Mrs. W. T. Alford, owners and operators of the Ranch Estates Water Company, requesting from the City a franchise to furnish water to Ranch Estates residents. 4. ORDINANCES: The following ordinances were presented: (A) ORDINANCE NO. 70-34 The ~{anager briefed the Council and citizens present relative to Ranch Estates. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING THAT ~CT OR PARCEL OF LAND CONSISTING OF 254.S ACRES LYING AND SITUATED IN THE COUNTY OF DENTON~ STATE OF TEXAS, AND FULLY DESCRIBED IN SAID ORDINANCE; CLASSIFYING THE SAME AS AGRICULTURAL DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer that the ordinance be adopted. On roll call vote, Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. Motion was made by Chambers, seconded by Neu that the Ranch Estates water system owned by Mr. and Mrs. W. T. Alford be granted permission to continue to operate said water system while negotiations are being resolved between Mr. and Mrs. Alford and the City of Denton. Motion carried. Motion was made by Neu, seconded by Ramey that the City Attorney and staff be authorized to take whatever legal action necessary, including law suits, to see that the land comprising Ranch Estates is continued to be used as it was at the time of the Ranch Estates Annexation Ordinance publication until owners of such land meet all requirements of zoning and d~¥elopment ordinances of the City of Denton. Motion carried. October 13, 1970 Continued (B) ORDINANCE NO. 70-35 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 29.02 ACRES LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THOSE TOBY AND B.B.B. & C.R.R. COMPANY SURVEYS NORTH OF STATE HIGHWAY 77, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS "PD" PLANNED DEVELOPMENT DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Neu that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (C) ORDINANCE NO. 70-36 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY TRACT 5, BLOCK 286 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Neu that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (D) ORDINANCE NO. 70-37 AN ORDINANCE UNDERTAKING TO PROVIDE FOR, AND GRANTING "AI~TECEDENT SERVICE CREDIT" AND "SPECIAL PRIOR SERVICE CREDIT" AT THE RATES HEREIN SPECIFIED, TO QUALIFYING EMPLOYEES OF THE CITY OF DENTON, TEXAS. Motion was made by Ayer, seoonded by Neu that the ordinance be adopted. On roll call vote Ayer 'voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (E) ORDINANCE NO. 70-38 AN ORDINANCE PROVIDING FOR AND ALLOWING VESTING OF CERTAIN RIGHTS, AND FOR RETIREMENT UNDER TEXAS MUNICIPAL RETIREMENT SYSTEM OF EMPLOYEES OF THE CITY OF DENTON WHO HAVE ATTAINED FIFTY YEARS OF AGE, AND HAVE COMPLETED TWENTY-FIVE YEARS OF CREDITABLE SERVICE WITH SAID CITY. Motion was made by Neu, seconded by Ramey that the ordinance be adopted. On roll call vote Ayer 'voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye':. Motion carried. (F) ORDINANCE NO. 70-39 AN ORDINANCE PROVIDING FOR INCREASED MUNICIPAL CONTRIBUTIONS TO THE CURRENT SERVICE ANNUITY RESERVE AT RETIREMENT OF THE EMPLOYEES OF THE CITY OF DENTON, TEXAS. Motion was made by Neu, seconded by Ayer that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 5. RESOLUTIONS The following resolu'tion was presented: AT A REGhrLAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 13TH DAY OF OCTOBER, A. D. 1970. RESOLUTION WHEREAS, the City of Denton recognizes the need of adequate and reliable electric power service to its consumers and further recognizes the problems which are created by inadequate power supply, as witnessed by many parts of the nation, and October 13, 1970 Continued WHEREAS, the United States Federal Power Commission, by order, has directed the formation of electric reliability councils throughout the nation, NOW THBREFORE BE IT RESOLVED by the City Council of the City of Denton that the Mayor be authorized to execute an agreement whereby the City of Denton Electric Power System will become a member of the Electric Reliability Council of Texas, said Council to be composed of municipal systems, cooperatives, and investor-owned electric systems within the State of Texas, and BE IT FURTHER RESOLVED that the City of Denton continue its efforts to establish representative participation within the Electric Reliability Council of Texas for the benefit of all electric power systems. PASSED AND APPROVED this 13th day of October, A. D. 1970. /s/ ALEXANDER M. FINLAY, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: blsl BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si JACK Q. BARTON, CITY ATTORNEY CITY OF DI~ON, TEXAS After being briefed by the Director of Utilities, motion was made by Ramey, seconded by Neu that the resolution be adopted as recommended by the Utilities Board. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 6. The Director of Community Development briefed the Council relative to parking meter zoning in the NTSU area, as recommended by the Planning and Zoning Con~nission. Motion was made by Ayer, seconded by Chambers to instruct the City Attorney to prepare an appropriate ordinance extending parking meter zoning in the NTSU area. Motion carried. 7. The City Manager briefed the Council relative to a proposed agreement to include the Denton Community Choir in the Parks and'Recreation Department, but recommended that the matter be tabled. Motion was made by Neu, seconded by Ayer that the request be tabled for further study. Motion carried. 8. Motion was made by Ramey, seconded by Chambers that the statement of Norsworthy-Mercer for the month of July, 1970 be approved in the amount of $7,472.53. Motion carried. 9. Manager White briefed the Council on the Minute Order of Planning and Zoning, recormnending cooperative planning efforts between the City and NTSU. Councilmen Neu and Ramey expressed agreement and Mayor Finlay suggested that TWU and the Denton State School be included in cooperative planning. Motion was made by Neu, seconded ~by Ramey to instruct the Planning and Zoning Commission and the City staff to pursue cooperative planning efforts with NTSU, ~J a~d the Denton State School. Motion carried. Meeting adjourned at 8:18 p.m.~ ~~~,~~ CITY SECRETARY 360 MUNICIPAL BUILDING November 3, 1970 Spe~cial meeting of the City Council, City of Denton, Texas, Tuesday, November 3, 1970 at 7 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tern Neu, Councilmen Ayer and Chambers, City M~nager, City Attorney and City Secretary. _ ABSENT: Councilman Ramey 1. Motion was made by Ch~nbers, seconded by Neu that the minutes of the meeting of October 13, 1970 be approved. Motion carried. 2. BIDS: (A) #70-4858 Chemicals Motion was made by Neu, seconded by Ayer that the bid be awarded as follows, as reconm~ended by the City Manager: Item 1 Sodium Hydroxide to McKesson Chemical at 7.32 per C/wt. Item 2 Liquid Chlorine to Thompson-Hayward at 18.75 for 150 #Cly. ~md $97.00 for 2000 # Cly. Item 3 Sodium Hexametaphosphate to McKesson Chemical at 13.37 per C/wt. Item 4 Soda Ash to Van Waters & Rogers at 5.75 per C/wt Item 5 Ferric Sulphate to Thompson-Hayward at 4.00 per C/wt. on 30,000 # trucks. Item 6 Activated Carbon to Thompson-Hayward at 186.80 per ton F.O.B. Denton, Texas ~ Item 7 Quick-lime to Texas Lime at Cleburne, Texas. Item 8 Sodium Silicaflouride to McKesson Chemical at 8.89 per C/wt. Item 9 Sulfurric Acid to Stauffer Chemical at $32.05 per ton F.O.B. Denton. Motion carried. (B) #70-7466 Tree Trirmners Motion was made by Neu, seconded by Chambers that the bid be awarded to Blume System Tree Ext~erts at an overall hourly rate of $20.53 for the complete four mm~ crew and equipment, as recommended by the City Manager. Motion carried. (C) #70-7472 Drafting Supplies for one year Motion was made by Ayer, seconded by Chambers that all items be awarded to Ridgeway's of Dallas.~ Motion carried. (D) #70-7477 Washer & Dryers for Firemen's Dorms Motion was made by Neu, seconded by Ayer that the bid be awarded to Mitchell TV and Appliances at a low bid meeting specifications of $334.00, as recommended by the City Manager.. Motion carried. November 3, 1970 Continued (E) #70-7478 2 1/2" Fire Hose for Fire Department Motion was made by Neu, seconded by Chambers that the bid be awarded to W. H. Lumpkin at a low bid meeting specifications of $2,273.60, as recommended by the City Manager. Motion carried. (F) #70-7479 Traffic Counters for Engineering Department Motion was made by Neu, seconded by Ayer that the bid be awarded to Econolite Company at a low bid meeting specifications of $487.92 each, as recommended by the City Manager. Motion carried. (G) #70-7480 Line Remover Motion was made by Neu, seconded by Chambers that the bid be awarded to Martin Equipment Con, any at a low bid of $1,040. Motion carried. (H) #70-7481 Radar Speedilizer Motion was made by Ayer, seconded by Chambers that the bid be awarded to George F. Cake Company for the Stephenson model at a low bid of $1,255. Motion carried. (I) Power Plant Expansion Items The Director of Utilities briefed the Council on six bid items, stating that successful bidders were recommended by the Utilities Board and the Consulting Engineers. Motion was made by Neu, seconded by Chambers that the Electric Power Plant expansion items be awarded as follows: Motion carried. #70-7138 Isolated-Phase Bus. Duct to General Electric at an evaluated bid of $35,080. #70-7139 Motor Control Centers to Westinghouse at an evaluated bid of $28,300. #70-7141 Load Center Unit Substation to General Electric at an evaluated bid of $32,564. #70-7144 Control and Instrument Equipment to Bailey Meter at an evaluated bid of $257,230. #70-7146 High Pressure & Motor Operated Valves to Powell Mfg. at an evaluated bid of $33,705.50. ~70-7142 i,~tal-clad Switchgear--to General Electric at an evaluated bid of $74,470. 3. Motion was made by Ayer, seconded by Chambers that the petition of J. L. Gennings requesting that the zoning classification of City Lots 3 through 8, of Block 133 be changed from the "2F" Two family classification to the '~4F-l"Multi- family classification be referred to the Planning and Zoning Commission for' its recommendation. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on the petition of the Tau Kappa Epsilon Fraternity requesting that a Specific Use P~rmit be granted for the continued operation of the fraternity located at 1616 Oak Street (City Lot 14, Block 4013). There were no proponents or opponents. Motion was made by Neu, seconded by Ayer that the Specific Use Permit be approved as recommended by the Planning and Zoning Commission. Motion carried. November 3, 1970 Continued (B) A public hearing was held on the petition of Mr. L. L. McAninch requesting that the zoning classification of City Lots 1.1, and 2.1, Block 275 be changed from the "SF-7" Single family classification to the "SF-5" Single family classification. Motion was mad by Ayer, seconded by Neu that the petition be approved as recommended by the Planning and Zoning Conmission. Motion carried. (C) A public heari~ was held on the petition of Mr. Wayne Autrey, et al, requesting that the zoning classification of City Lots 1, 2, 2.1 and 4 of City Block 171D, be changed from the "SF-7" Single family classification to the "SF-5" Single family classification. Motion was made by Neu, seconded by Ayer that the petition be approved. Motion carried. (D) Motion was made by Neu, seconded by Chambers that City lots 2 through 10, Block 171, located on the west side of Rose Street, be referred to the Planning and Zoning Con~nission to consider zoning change from "SF-7" to "SF-5". Motion carried. (E) A public hearing was held on the petition of Mr. Walt Parker requesting that the zoning classification of City lot 7, Block 136-4, be changed from the Agricultural classification to the "SF-7" Single Family classification. Motion was made by (~ambers, seconded by Neu that the petition be approved. Motion carried. 5. Dr. J. B. Smallwood, 2907 Brookhollow, requested that access roads along Interstate Highways be made one way for the sake of safety. Mayor Finlay advised that action could not be taken at this meeting since the item was not included on the official agenda but that the Council had been discussing this matter.. 6. ORDINANCES: The following Ordinance was presented: ORDINANCE NO. 70-40 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS, DELETING THB MAXIMUM FEE FOR ELECTRICAL WORK PERMITS; PROVIDING FOR SEPARATE PERMITS FOR EACH SEPARATE UNIT; PROVIDING AN EXCEPTION;'AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 7. QUIT CLAIM DEED: Motion was made by Neu, seconded byAyer that a Quit Claim Deed from the City of Denton to L. L. McAninich be approved for property lying on the East right of way line of Newton Street. Motion carried. 8. Motion was made by Ayer, seconded by Chambers that the Denton County Music Association, Inc. be accepted as a part of the City of Denton's Parks and Recreation Department. Mot:ion carried. November 3, 1970 Continued 9. The Council considered the creation of an Electrical Code Committee. Following a briefing by the City Manager, motion was made by Neu, seconded by Chambers that an Electrical Code Committee be created. Motion carried. (A) Motion was made by Neu, seconded by Ayer to direct the City Attorney to draw up an amendment to the Electrical Code, creating an Electrical Code Committee. Motion carried. (B) Mayor Finlay appointed Bill Neu, Chairman, along with Councilmen Ayer and Chambers as a nominating committee to recommend membership of the Electrical Code Committee to the Council. Motion carried. ~eeting adjourned at 8:45 p.m. · , Y~YOR CI~ 'SEC~T~Y MUNICIPAL BUILDING November 10, 1970 Regular meeting of the City Council, City of Denton, Texas, Tuesday, November 10, 1970, at 7 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer, Chambers and Ramey; City Manager, City Attorney and City Secretary. 1. Motion was made by Ayer, seconded by Chambers that the minutes of the Special meeting of November 3, 1970 be approved. Motion carried. 2. BIDS: (A) #70-7486 Transformer Building Motion was made by Ramey, seconded by Neu that the bid be awarded to Bert Moore Construction Company at a low bid of $1,294.22. Motion carried. (B) #70-7483 Sale of property on corner of Carroll and Sunset Motion was made by Neu, seconded by Ayer that the bid be awarded to James M. Magill at a high bid of $30,000.00. Motion carried. 3. FOR REFERRALONLY: (A) Motion was made by Neu, seconded by Ayer that (Z~1093), the petition of Mr. Harvey A. Thompson, requesting that the zoning classification of City Lot 3, Block 1000, be changed from the "SF-10" Single family classification to the "2F" Two Family classification, be referred to the Planning and Zoning Conmission for its recommendation. Motion carried. (B) Motion was made by Ayer, seconded by Ramey that (Z-1094), the petition of Mr. Raymond G. West, et al, requesting that the zoning classification of the Ranch Estates Subdivision and the property extending east to the railroad tracks, be changed from the Agricultural classification to the Planned Development 364 November 10, 1970 Continued classification be referred to the Planning and Zoning Commission for its recommendation. Motion carried. 4. PETITIONS: (A) A public hearing was held on the petition of North Texas State University, requesting that W. Sycamore Street between Avenue A and Welch Street be closed and quit claimed. Dr. James Rogers, NTSUVice President, requested that W. Sycamore Street from Avenue A to Welch Street be closed, and concurred with the City's suggestion for a cooperative study of the traffic in the eastern section of the University's carpus. He added that the University desires to meet with the Planning and Zoning Commission to determine alternate routes, if and when Avenue A is closed. Rogers stated that North Texas State has moved away from Avenue C because of thoroughfare traffic concentration, adding that 50% of the classroom space on the University campus will front on Avenue A, which would require a free passage of pedestrians on Avenue A. Joe Northern, businessman on Avenue A, voiced concern about traffic problems and requested a traffic count. The City Manager briefed the City Council on the proposed cooperative planning efforts between the University and the City. Motion was made by Ramey, seconded by Chambers to close and quit claim W. Sycamore Street between Avenue A and Welch Street, subject to the City retaining utility and drainage easements, and that the City Attorney be instructed to prepare an ordinance closing W. Sycamore Street between Avenue A and Welch Street and a quit claim deed to NTSU, as recommended by the Planning : and Zoning Commission. Motion carried. (B) A public hearing was held on the appeal of Mr. O. B. Adams (Z-1087), requesting that the zoning classification of City Lots 1, 1.1, Block 182, be changed from the "SF-7" Single family classification to the General retail classification. After hearing one proponent and no opposition, motion was made by Ayer, seconded by Chambers that the petition be denied, as recommended by the Planning and Zoning Commission. Motion carried. (C) A public hearing was held on the petition of Mr. Archie Kelly (Z-1091), requesting that the zoning classification of part of City lots 7 and 8 Block 276 A be changed from the "SF-7" Single family classification to the General retail classification. After hearing one proponent and no opposition, motion was made by Neu, seconded by Ayer that the petition be a~proved, as recommended by the Planning and Zoning Commission. Motion carried. 6. ORDINANCES: The following ordinances were presented: (A) ORDINANCE NO. 70-41 AN ORDINANCE AMENDING TH~ ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPF~DIX TO THE CODE OF ORDINANCES OF THE CItY OF DENTON, TEXAS BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS LOTS 1.1, 2 and 2.1, BLOCK 275 AS SHOWN ON TH~ OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. November 10, 1970 Continued (B) ORDINANCE NO. 70-42 AN ORDINANCE AMENDING THE ZONING ~ OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS 1, 2, 2.1 AND 4 OF CITY BLOCK 171-D AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Chambers that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (C) ORDINANCE NO. 70-43 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOT 7, BLOCK 136-4 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Ayer that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (D) ORDINANCE NO. 70-44 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN ELECTRICAL CODE BOARD; PROVIDING THE DUTIES AND POWERS OF SUCH BOARD; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 7. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 10TH DAY OF NOVEMBER, A.D. 1970. RESOLUTION WHEREAS, to install certain equipment and to adequately carry out business functions there must be installed an air line crossing under East Sycamore Street; and WHEREAS, such crossing will in no manner interfere with the use of such street by the City of Denton, or by any public utility; therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DFJqTON, TEXAS: that Trinity Industries of Denton, Texas, is hereby granted permission to cross under East Sycamore Street at a minimum depth of two and one- half feet (2 1/2), with a four (4) inch steel pipe line, coated and wrapped, to be operated at a maximum 100 PSI, and to be encased in a six (6) inch welded steel pipe sleeve, said crossing to be within the area of East Sycamore Street described as follows, to-wit; BEGINNING at a point in the south line of Lot 2, Block 258 of the City of Denton, Texas, 302.0 feet west of the centerline of Exposition Street; THENCE south perpendicular to centerline of East Sycamore Street a distance of 60.0 feet to a point in the south right of way line of East Sycamore Street. $66 November 10, 1970 Continued Provided that, this permission is conditioned upon the compliance with all the Rules and Regulations of the City of Denton regarding the use of public property, and the pipe so crossing shall be installed under the supervision of the City Street Department and shall be approved by the City Engineer prior to installation, and shall meet and satisfy all inspection requirements. Provided further, that any relocation of said crossing, whether moved by City initiative or Company option, said relocation will be at the expense of Trinity Industries, and such relocation shall be subject to the approval of the City Council. PASSED AND APPROVED this the 10th day of November, A. D. 1970. /si ALEXANDER M. FINLAY, JR. MAYOR A/TEST: /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY Motion was made by Neu:. seconded by Ramey that the resolution be - adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlayvoted "aye". Motion carried. 8. Motion was made by Neu, seconded by Ayer that the Tax Adjustments Report for the month of September, 1970, in the amount of $3,259.57 and for the month of October, 1970, in the amount of $3,755.69 be approved. Motion carried. 9. The extension of parking meters around the NTSU area was discussed. Motion was made by Chambers, seconded by Neu that parking meter extension be approved on the south side of W. Hickory between Avenue A and Avenue B and both sides of Avenue B from W. Hickory to W. Mulberry and the west side of Avenue A from W. Hickory to W. Mulberry. Motion carried. 10. The City M~anager advised the Council that the Mayor of Corinth had requested that the CityofDenton serve the City of Corinth with sewage treatment, at a cost to be determined. The Manager stated that the Utilities Board had agreed to advise Corinth that Denton was interested but it would be necessary for consulting engineers to make a feasibility study, to cost a maximum of $1,500. After considerable discussion, motion was made by Ramey, seconded by Neu to instruct the City staff to take the necessary steps to determine the feasibility of such an arrangement, and further that this action was to be considered an emergency measure and that funds be authorized for such stud?. Motion carried. Meeting adjourned at 8:45 p.m. CITY SECRETARY MUNICIPAL BUILDING November 24, 1970 Regular meeting of the City Council, City of Denton, Texas, ~uesday, November 24, 1970, at 7 p.m. in the Council Chambers of the ~micipal Building PRESENT: Mayor Finlay, Councilmen Chambers, Ayer and Ramey; City Manager, Assistant City M~nager, City Attorney and Acting City Secretary ABSENT: Mayor Pro Tern Neu Thanksgiving prayer was led by Councilman Harold Ramey. 1. Motion was made by Chambers, seconded by Ramey that the minutes of the regular meeting of November 10, 1970 be approved. Motion carried. 2. BIDS: (A) #70-7461 Asphalt seal for airport Motion was made by Ramey, seconded by Ayer that the bid be awarded to The Jennite Company of Texas at a low bid of $12,474.47. Motion carried. 3. FOR REFERRAL: (A) Motion was made by Ayer, seconded by Chambers that the petition of the White Advertising Agency requesting that a Specific Use Permit be granted on part of City Lot 3, Block 4070-1 for the alteration of existing highway billboard, be referred to the Planning and Zoning Con~nission. Motion carried. (B) Motion was made by Ramey, seconded by Ayer that the petition of Mr. Jess Pitcock requesting that a Specific Use Permit be granted for the continued operation of a day nursery with the maximum number of 75 children on City lots 31 and part of 32, Block 138-2, be referred to the Planning and Zoning Commission. Motion carried. 4. ORDINANCES: (A) ORDINANCE NO. 70-45 AN ORDINANCE VACATING AND ABANDONING AS A PUBLIC STREET A PORTION OF SYCAMORE STREET LYING BETWEEN AVENUE A AND WELCH STREET; SAID PORTION BEING FURTHER DESCRIBED THEREIN IN FULL, AFTER FINDING THAT THE PUBLIC CONV~I~CE AND NECESSITY NO LONGER REQUIRES ITS CONTINUED EXISTENCE AS A PUBLIC STREET; RETAINING UTILITY AND DRAINAGE RIGHTS THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Chambers, seconded by Ramey that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye" and Finlay voted "aye". Motion carried. (B) ORDINANCE NO. 70-46 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SA~E WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS PART OF CITY LOTS 7 AND 8, BLOCK 276A AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Chambers that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye" and Finlay voted "aye". Motion carried. 368 November 24, 1970 Continued (C) ORDINANCE NO. 70-47 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF 16.686 _. ACRES LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND ~ BEING IN THE M.E.P. AND P.R.R. COMPANY SURVEY WEST OF STATE SCHOOL ROAD, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS "SF-7" SINGLE FAMILY DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Ayer that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye" and Finlay voted "aye". Motion carried. (D) ORDINANCE NO. ?0-48 AN ORDINANCE ADDING A STREET PORTION TO THE ORDINANCE GRANTING NORTH TEXAS STATE UNIVERSITY. JURISDICTION AND CONTROL OF THE PARKING LANES WITHIN CERTAIN STREET PORTIONS ABUTTING PROPERTY OWNED BY IT. Motion was made by Chambers, seconded by Ramey that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye" and Finlay voted "aye". Motion carried. 5. Motion was made by Ayer, seconded by Chambers to approve the following Quit Claim Deeds for property on Dudley Street and authorize the Mayor to sign same: Wilmer Lloyd Dilbeck James Thomas Foutenot Tanner Kenneth Chalmers Moore Charles C. Garrett E. S. Mays O. K. Moore Douglas Hargr°ve Lowe, Jr. James Floyd Simmons Herschel B. Boyd Grant H. Jacobson, Jr. Jack C. White George H. Pryo~ Motion carried. 6. Motion was made by Ramey, seconded by Chambers that Field Change No. 3 for Carroll Street Construction, in the net additional amount of $5,138.21, be approved. Motion carried. 7. Motion was made by Ch~nbers, seconded by Ayer that Field Change No. 1 for Street Assessment Program No. 6 in the net additional amount of $7,590.00 be approved. Motion carried. 8. Motion was made by Ramey, seconded by Chambers to authorize advertising for bids for additional airport hangars. Motion carried. 9. Motion was made by Ayer, seconded by Ramey to authorize release of re retainer money to Public Construction Company. Motion carried. 10. Councilman Ayer reported that the Nominating Committee recommended Clyde W. Wright for the Parks ~ind Recreation Board, to replace Ann Kelsey. Motion was made by Ayer, seconded by Chambers that Clyde W. Wright be appointed to the Parks and Recreation Board, replacing Ann Kels~y. Motion carried. 369 November 24, 1970 Continued 11. Motion was made by Ayer, seconded by Ramey that a special joint meeting with the Planning and Zoning Commission be called for Monday, November 30, 1970, at 9 a.m., to discuss a contract between Marvin Springer and Associates and the City of Denton for professional planning work in the NTSU and TWU areas. 12. Motion was made by Chambers,seconded by Ayer that the matter of making access roads on Interstate 35-E and 35-W one way be placed on the agenda of the next regular meeting. Motion carried. Meeting adjourned at 8:20 p.m. VOtYOR CI~ SBC~T~Y MUNICIPAL BUILDING November 30, 1970 Special called meeting of the City Council and a representative of the Planning and Zoning Commission, Monday, November 30, 1970, at 9:20 a.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Pro Tern Neu, Councilmen Ayer, Chambers and Ramey, Gene Gamble, Chairman of the Planning and Zoning Commission, City Manager, Assistant City M~mager, Assistant Attorney, Director of Community Development and City Secretary. ABSENT: Mayor Finlay 1. The Manager explained that the meeting was called to consider a contract with Marvin Springer and Associates for professional planning services in the NTSU and TWU areas. A discussion followed relative to various aspects of the proposed planning activities. Motion was made by Ramey, seconded by Chambers that a contract with Marvin Springer and Associates in the amount of $4,750 be approved and that the Mayor Pro Tern and City Manager be authorized to sign same. Motion carried. Meeting adjourned at 9:50 a.m. MAYOR CIS'Y' SECRETARY 37O Municipal Building December 8, 1970 Regular meeting of the City Council, City of Denton, Texas, Tuesday, December 8, 1970, at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tern Neu, Councilmen Ayer, Chambers and Ramey; City Manager, Assistant City Manager, City Attorney and Acting City Secretary .... 1. Motion was made by Ayer, seconded by Ramey to approve the minutes of the regular meeting of November 24, 1970 and the special meeting of November 30, 1970. Motion carried. 2. BIDS: (A) #70-7499 Radio Beacon for Airport Motion was made by Ramey, seconded by Chambers that the bid be awarded to Southern Avionics Con!~any at a bid of $2,865, contingent upon final acceptance by the FAA. Motion carried. (B) #70-7489 2-Way Radios Motion was made by Neu, seconded by Ayer that the bid be awarded to General Electric at a low bid of $10,355. Motion carried. 3. Motion was made by Ramey, seconded by Neu that the following petitions be referred to the Planning ~nd Zoning Commission for its recommendations: (A) S-28 The petition of Mr. Larry Harberson and Henry Shoopman requesting that a Specific Use Permit be granted to them for the erection of a business sign located at 1519 North Elm. (B) S-29 The petition of the Delta Sigma Phi Fraternity requesting that a Specific Use Permit be granted for the operation of a fraternity located at 812 West Oak Street. (C) S-30 The petition of Mr. Willis Mitchell requesting that a Specific Use Permit be granted for the erection of a basiness identification sign on City Lot 10, Block 404. (D) Z-1097 The petition of Mr. James Pettit requesting a change in the zoning classification~ of City lots 6 and 7, Block 4008 from the "SF-7" Single family classification to the Office zoning classification. (E) Z-1098 The petition of Mrs. W. B. King requesting a change in the zoning classification of City Lot 5, Block 132, from the "Sf-7" Single family classification to the General Retail classification. Motion carried. 4. Petitions: (A) A public hearing was held on the Petition of J. L. Ginnings requesting that the zoning classification of City Lots 3 through 8, Block 133 be changed from the" 2-F" Two family classification to the 'S~F-I" Multi-family classification. (This property is further described as being located on the West side of Bell Avenue between Oaklawn and Peach Streets.) After hearing four proponents and five opponents, and a report from the Planning and Zoning Commission, motion was made by Neu, seconded by Chambers that the petition be approved. Motion carried. · (B) A public hearing was held on the appeal of Mr. Harvey A. Thompson that the zoning classification of City Lot 3, Block 1000, be changed from the "SF~10" Single family classification to the "2-F" Two family classification. (This property is further described as being the 24.40 acre tract of land located at the northwest corner of Old North Road and Highway 24. ) After hearing one proponent and eight speaking in opposition, followed by a report from the Planning and Zoning Commission, motion was made by Ayer, seconded by Neu that the petition be denied. Motion carried. December 8, 1970 Continued (C) A public hearing was held on the petition of the Theta Chi Fraternity requesting that a Specific Use Permit be granted for the continued operation of the fraternity located on City lots 15 and 16, Block 4013. The property is further described as being located at the northeast corner of Oak and Jagoe Streets. No one was present to speak for or against, and after hearing comments by the Director of Community Development, motion was made by Neu, seconded by iRamey that the petition be approved, subject to the following conditions, recommended by the Planning and Zoning Commission. (1) Number of live-in members not to exceed nine. (2) If nine is exceeded, additional off street parking of one space for each additional occupant in order to ~q retain the Specific Use Permit. ~ 5. Harwell Shepard discussed his proposal for a CATV installation franchise ,~ in the City of Denton. Motion was made by Ayer, seconded by ~hambers that the matter be referred to the Utilities Board. Motion carried. 6. Les Damaroff, local owner of a dancing school, requested that the recreation program of the City involving the teaching of dancing be discontinued. Motion was made by Ayer, seconded by Neu that the matter be referred to the Parks and Recreation Board. Motion carried. 7. The Council discussed the proposal to change access roads from two way to one way traffic flow on Interstate 35-E. After hearing four proponents and fifteen speaking in opposition, followed by a report by Traffic Engineer, Bill Moore, and the City Manager, motion was made by Chmnbers, seconded by Ayer to instruct the City Attorney to prepare an ordinance to change access roads on Interstate 35-E to one way between Mayhitl Road ,~nd Highway 24. Motion carried. 8. TH~ FOLLOWING ORDINANCES WEP~E PRESENTED: (A) ORDINJ%NCE NO. 70-49 AN ORDINANCE .aA~EXING A TRACT OF LAND C~IGUOUS AND ADJACF2~T TO T[-~ CITY OF D~NTON, TFD(AS; BF~ING ALL THAT LOT, TRACT OR PARCEL OF L~ND CONS~S2~ING OF 34.060 ACRES LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING iN /l~ M.E.P. AND P.R.R. COMPANY SURVEY, ABSTRACT NO. 927; CLASSIFYING THE SAME AS AGRICULTURAL DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE 9ATE. Motion was ~mde by Neu, seconded by Ramey that the ordinance be adopted. On 'roll ca].l vote, Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye"i Motion carried. (1) ORDIN.~iCE NO. 70--50 AN ORDINANCE ~4ENDING TH~ ZONING ~kP OF TH~ CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APP.~NDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, L~$S, BY ORDINANC~ NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY WITHIN THE MEADOW OAKS ADDITION TO TH~ CITY OF DENTON~ TF~KAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Chambers that the ordinance be adopted. ~ roll call vote Ayer voted "aye", Chambers voted "aye", t~mey voted "aye", Neu vo~ed "aye" and Finlay.voted. "aye". Motion carried. December 8, 1970 Continued (2) ORDINANCE NO. 70-51 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY WITHIN THE MEADOW OAKS ADDITION TO THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by R~mey, seconded by Ayer that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (3) ORDINANCE NO. 70-52 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO T~fli CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AN]) AS SAID MAP APPLIES TO CERTAIN PROPERTY WITHIN MEADOW OAKS ADDITION TO THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by C~ambers that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 9. THE FOLLOWING RESOLUTIONS WERE PRESENTED: (A) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD AT THE MUNICIPAL BUILDING OF SAID CITY ON THE 8TH DAY OF DECEMBER, A.D. 1970. RESOLUTION WHEREAS, it has been shown to the Council in a recommendation by the Staff and the Planning and Zoning Commission, based upon a study by the Staff and certain Planning Consultants, and the Master Plan of the City, indicating the immediate need for a park, or open area, in the location described in the instant application; AND WHEREAS, construction of a park of this size normally requires several years from planning stages to full development and completion, it is essential that land acquisition begin in the current fiscal year if the City is to avoid unnecessary risk of inflated land costs, and WHEREAS, this is an authorized project pursuant to provisions of Revised Civil Statutes, Art. 6081r, passed by the 59th Texas Legislature, and approved May 6, 1965, entitled Senate Bill 165, and WHEREAS, the City of Denton desires to develop the proposed park, and agreed to prosecute its development to completion, and WHEREAS, the City of Denton is a Home Rule City, a "political subdivision" pursuant to Article 8280-9, Section II (e), Vernon's Annotated Civil Statutes (as amended by Acts 1967, 60th Leg.), and WHEREAS, the City of Denton desires to make application to the Texas Parks and Wildlife Department for financial assistance in acquiring the land for this needed public purpose, to be known as the "North Lakes Park" project, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That james W. White, the City Manager, is hereby authorized and directed to file an Application with the Texas Parks and Wildlife Department for financial assistance from the Land and Water Conservation fund, in the nature of a 50% matching grant, for the project known as North Lakes Park, and more fully described in the application form attached hereto. December 8, 1970 Continued SECTION II. That said James W. White is hereby designated as the City of Denton's responsible officer for this project; and William Bryant, the Director of Finance, is its fiscal officer for this project. SECTION III. That this Resolution shall take effect immediately upon its passage and approval. PASSED AND APPROVED this 8th day of December, A. D. 1970. /si Alexander M. Finlay, Jr. ~ City of Denton, Texas ~ ATFEST: /si BroOks Holt, ~City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/ Jack Q. Barton, City Attorney City of Denton, Texas Motion was made by Neu, seconded by Chambers that the resolution be adopted. On roll call vote Aver voted "~ye", Chambers voted "aye" Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carrie~. ' AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 8TH DAY OF DECEMBER, A.D. 1970. RESOLUTION WHEREAS, on behalf of the people of the City of Denton, Texas, the Mayor and City Council desire to publicly express their sincere gratitude to Mrs. Ann Kelsey for her valuable public service as a member of the Parks and Recreation Board; and WHEREAS, the City Council and Mayor recognize and appreciate the tireless and outstanding manner in which she has devoted many hours to service on this important Board, being its representative to the Community Theater, and the Ex Officio Member of the Denton County Music Association. NOW THEREFORE, on behalf of the people she has served so well, the City Council and )~ayor direct and order that this resolution be spread upon the official minutes of this Council, to be a permanent record of the City, and that a copy of this Resolution be forwarded to her, the said ANN KELSEY, as a token of our Appreciation. PASSED AND APPROVED this the 8th day of December, A. D. 1970. /s/ Alexander M. Finlay, Jr., Mayor City of Denton, Texas ATTEST: /s/ BroOks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/ Jack Q. Barton, City Attorney City of Denton, Texas Motion was made bv Neu, seconded by Rame¥ that the resolution be adopted. On roll call vote, Ayer voted ~'aye", Chambers voted 'raye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 374 December 8, 1970 Continued (c) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 8TH DAY OF DECEMBER, A.D. 1970. · ' R~ESO LUT I ON h~tEREAS, on ~behalf of the people of the City of Denton, Texas, the Mayor and City Council desire to publicly express their sincere gratitude to Mr. Bill Irwin for his valuable public service as an initial appointee of the newly created Public Housing Authority; and h~IE _REAS, the City Council and Mayor acknowledge with grateful appreciation the many hours of service given toward the organization of this most important Authority, and to the problems it was created to solve; NOW THEREFORE, on behalf of the people who have been, and who will be, benefited by his service, the City Council and Mayor direct and order that this resolution be made a part of the official minutes of this Council to be a permanent record of the City, and that a copy of this Resolution be forwarded to him, the said BILL IRWIN, as a token of our Appreciation. PASSED AND APPROVED this the 8th day of December, A. D. 1970. /s/ Alexander M. Finlay, Jr., Mayor City of Denton, Texas ATTEST: /s/ Brooks Holt,_City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Ramey, seconded by Neu that the resolution be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlayvoted "aye". Motion carried. 10. The Council discussed the recommendation of the Utilities Department to execute a contract for water meter monitoring service with Badger Meter Company for one year in the amount of $2,272. After a discussion, motion was made by Ramey, seconded by Ayer that the contract be approved in the amount of $2,272. Motion carried. 11. Motion was made by Ayer, seconded by Neu that an addendum to the Fire Station Building Contract in an increased amount of $678.50 be approved. Motion carried. 12. A report of a joint meeting to exchange ideas between the City Council and Denton County Commissioners, regarding Flow Men, rial Hospital's request for financial assistance, was given, 'which recommended that Mayor Finlay, Mayor Pro Tem Neu and City Manager, Jim White, ex officio member, be appointed as a committee to meet with the Board of Managers of Flow and County Commissioner Appointees to study a long range solution plan and the organizations financial problems. Motion was made by Ayer, seconded by Neu that a sum of $25,000 be approved by the Council for i~mediate transfer to Flow, subject to the emergency situation, which is determined to exist, with the assurance of the Council to creditors of the Hospital that they will make every effort to help with outstanding indebtedness. December 8, 1970 Continued Meeting adjourned at 11:55 p.m. MAYOR CITY SECRETARY Municipal Building December 22, 1970 Regular meeting of the City Council, City of Denton, Tuesday, December 22, 1970, at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Chambers and Ramey; City Manager, Assistant City Manager, City Attorney and acting City Secretary ABSENT: Councilman Ayer 1. Motion was made by Neu, seconded by Chambers that the minutes of the regular meeting of December 8, 1970 be approved. Motion carried. 2. BIDS: (A) #70-7497 Cars and Pickups Motion was made by Ramey, seconded by Neu that the bids be awarded as follows, as recommended by the City Manager: Items 1, 2, 3 & 5 - Police Cars & Station Wagon; ten vehicles awarded to Bill Utter Ford at a net bid, including trade ins, of $26,341. Items 6, 7 & 8 - Nine Pickups to Calvert Motor Co. at a net bid, including trade ins, of $15,938.90. Item 9 - One Crew Cab to Calvert Motor Co. at a net bid, including trade in, of $2,089.68. Item 10 - Power Wagons meeting specifications to Denton Dodge at a net bid, including trade ins, of $8,851.60. Item 6-A Addendum #1 - 1/2 T Pickup to Denton Dodge at a net bid, including trade in, of $1,957.10. Item 6 Addendum #1 - 1/2 T Pickup to Denton Dodge at a net bid, including trade in, of $1,513.20. Motion carried. (B) #70-7502 Self-propelled Trencher Motion was made by Chambers, seconded by Neu that the bid be awarded to Peerless Equipment Company of Dallas at a low bid of $1,932. Motion carried. (C) #70-7503 Pumps Motion was made by Neu, seconded by Chambers that the bid be tabled, as requested by the City Manager. Motion carried. December 22, 1970 Continued 3. Dan Dudley, representing The Men's Garden Clubs of Denton, announced that the Selection Committee of the clubs had awarded a certificate of honor to the City of Denton for the landscaping of the Civic Center Area. The certificate was presented to the Mayor. 4. PUBLIC HEARINGS: (A) Z-1096 A public hearing was held on the petition to change the zoning classification of City Lots 2 through 10, Block 171 from the "SF-7" Single family classification to the "SF-5" zoning classification. (The property is further described as being located on the west side of Rose Street between Paisley and the railroad tracks.) No proponents or opponents were present. Motion was made by Neu, seconded by Ramey that the petition be approved. Motion carried. (B) S-27 A public: hearing was held on the petition of the White Advertising Agency requesting that a Specific Use Permit be granted on part of City Lot 3, Block 4070-1 for the alteration of existing billboard. (The property is further described as being located on the west side of I-3SN, approximately 300 feet south of F.M. 1173.) After hearing 2 proponents, but no one in opposition, motion was made by Ramey, seconded by Neu that the request for the Specific Use Permit be granted. Motion carried. (C) S-31 A public hearing was held on the petition of Mr. Jess Pitcock requesting that a Specific Use Permit be granted for the continued operation of a day nursery with the maximum number of 75 children on City lots 31 and part of 32, Block 138-2. (The property is further described as being located at 808 Sherman Drive.) After hearing 8 proponents and 2 speaking in opposition, motion was made by Neu, seconded by Ramey to approve the Specific Use Permit request, subject to the following conditions: (1) The permit to be valid only while Mr. Pitcock owns and manages tt~ operation. (2) No more than 65 children..to be enrolled at any given time. (3) The owner to furnish records to City authorities and to allow periodic inspections by the City. (4) The drive-way to be paved within 120 days from the date of issuance of the Specific Use Permit. Motion carried. 5. The Council considered the petition of Jack M. Bowden, requesting that the zoning classification of parts of City Lots 1, 2, 4, 6 and 7, Block 438, be changed from the "SF--7" Single family classification to the Parking classification. (The public hearing on this petition was held on August 19, 1970.) Motion was made by Neu, seconded by Chambers to approve the petition and that the City Attorney be directed to draw an appropriate ordinance. Motion carried. December 22, 1970 Continued 6. The following Ordinance was presented: ORDINANCE NO. 70-53 AN ORDINANCEAMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 30 ACRES OF LAND NORTH OF STATE HIGHWAY 77 NAD EAST OF DONNA DELL ADDITION, IN THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED BY PLAT INCORPORATED THEREIN; AND DECLARINGAN EFFECTIVE DATE. Motion was made by Chambers, seconded by Ramey that the ordinance be adopted. On roll call vote Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 7. Motion was made by Neu, seconded by Chambers to approve the payment to Black & Veatch, Consulting Engineers, in the amount of $200,000, as an initial installment for design engineering services, in connection with Unit S addition to the Municipal Power Plant. Motion carried. 8. The following change orders to power plant contracts were discussed: (A) Change Order #1 in the amount of $1,225, as an increase to the contract with General Electric Company covering Metalclad Switchgear and Bus Duct for steam plant expansion. (B) Change Order #1 in the amount of $2,000, as a reduction to the contract with the Marley Company covering Cooling Towers for steam plant expansion. Motion was made by Ramey, seconded by Chambers that the change orders be approved. Motion carried. 9. Motion was made by Neu, seconded by Ramey that the following Board appointments be approved: PUBLIC HOUSING AUTHORITY Vernon Davis ELECTRIC CODE CO~4ITTEE J. J. Higdon W. F. Williams Cliff Noble Bert Moore Joe Nichols Doug Blackburn--Ex Officio Olan Gray--Ex Officio Truman Harp--Ex Officio Motion carried. Meeting adjourned at 8:30 p.m. MAYOR CItY SECRETARY Municipal Building January 12, 1971 Regular meeting of the City Council, City of Denton, Texas, Tuesday, January 12, 1971, at ? p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer, Chambers and Ramey; City Manager, City Attorney and City Secretary. 1. Motion was made by Neu, seconded by Chambers that the minutes of the regular meeting of December 22, 1970 be approved. Motion carried. 2. BIDS: (A) #70-7501 Garbage Bodies & Containers Motion was made by Neu, seconded by Ayer that the bid be awarded to Pak-Mor Manufacturing Conrpany at a low bid of $63,872, as recor~nended by the City Manager. Motion carried. (B) #70-7503 Centrifugal Trash Pumps Motion was made by Ayer, seconded by Neu that the bid be awarded to Homelite as recon~nended by the City Manager and staff. Motion carried. (C) #70-7S13 Sub-Station Construction Motion was made by Neu, seconded by Ramey that the bid be awarded to Farrow Company-Inc. at the lowest and best bid of $131,717 as recommended by Black and Veatch Consulting Engineers, the Utilities Board and the Director of Utilities. Motion carried. 3. PUBLIC HEARINGS: (A) S-28 A public hearing was held on the petition of ~ssrs. Larry Harberson and Henry Shoopman requesting that a Specific Use Permit be granted for the erection of a business sign located at 1515 North Elm. After hearing one proponent and no opposition, motion was made by Neu, seconded by Chambers that a Specific Use Permit be approved. Motion carried. (B) S-30 A public hearing was held on the petition of Mr. Willis Mitchell that a Specific Use Permit be granted for the erection of a business identification sign on City Lots 4, S, and 6, Block 420. (1S01 North Elm Street) There were no proponents nor opponents present. Motion was made by Ramey, seconded by Ayer that the Specific Use Permit be approved. Motion carried. 4. ORDINANCES: The following ordinances were presented: (A) ORDINANCE NO. ?1-1 AN ORDINANCE AMENDING THE ZONING MAP OF TH]] CITY OF DENTON, TEXAS, 1969, 'AS SA~ WAS ADOPTED AS AN APPENDIX TO THE (DDE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS 3 THROUGH 8, BLOCK 133 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Chambers that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 380 January 12, 1971 Continued (B) ORDINANCE NO. 71-2 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAPAPPLIES TO CERTAIN PROPERTY I<NOWN AS CITY LOT llA, BLOCK 438 AND AS SHOWN IN YELLOW ON THE PLAT ATTACHED HERETO, MARKED EXHIBIT A ANDMORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ramey that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (C) ORDINANCE NO. 71-3 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS 2 THROUGH 10, BLOCK 171 AS SHOWN ON THE OFFICIAL MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARINGAN EFFECTIVE DATE. Motion was made by Neu, seconded by Chambers that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (D) ORDINANCE NO. 71-4 AN ORDINANCE PROHIBITING TWO-WAYVEHICULAR TRAFFIC ON PORTIONS OF THE SERVICE ROADS ON INTERSTATE HIGHWAY 35 AND 35E BETWEEN THE DENTON STATE SCHOOL ROAD AND UNIVERSITY DRIVE, WHICH PORTIONS ARE FURTHER DESCRIBED THEREIN IN FULL, AFTER FINDING THAT THE PUBLIC SAFETY AND WELFARE REQUIRES ONE-WAY THEREUPON; PROVIDING A PENALTY FOR VIOLATIONS THEREOF; PROVIDING THE INSTALLATION OF PROPER SIGNS AND MARKINGS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Chambers that the ordinance be adopted, with an effective date of May 1, 1971. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "nay" and Finlayvoted "aye". Motion carried. S. The Council considered the request of Mary C. Gay, Realtor, as agent for Mr. Damon P. Nolan, to tie into city utilities from outside the city limits (Property joins the boundaries of Montecito Addition. Lot 1, Block E and Lot 2, Block F. They are planning to 'build east of Lot 2, Block F.) Motion was made by Ramey, seconded by Neu that the request be granted as recommended by the Director of Utilities and the Utilities Board. Motion carried. 6. Motion was made by Neu, seconded by Ayer to authorize payment of $15,856.63 to Brazos Electric Power Cooperative, Inc. for electrical installations. Motion carried. 7. The Manager discussed the matter of the contract renewal with Bill B. Hart, Tax Attorney and recommended that the matter be tabled. Motion was made by Neu, seconded by Ayer that the i~em be tabled. Motion carried. 8. Motion was made by Ramey, seconded by Neu that the Tax Adjustments Report for November, 1970 in the amount of $3,932.08 be approved. Motion carried. Meeting adjourned at 8:25 p.m.~ ~z/~. ~.~~~ ~~ ~~ ~'~ '~j~'~ Municipal Building January 26, 1971 Regular meeting of the City Council, City of Denton, Texas, Tuesday, January 26, 1971, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tern Neu, Councilmen Ayer, Chambers and Ramey~ City Manager, City Attorney and acting City Secretary 1. Motion was made by Ayer, seconded by Ramey to approve the minutes of the regular meeting of Janaury 12, 1971. Motion carried. 2. A public hearing was held on the appeal of Delta Sigma Phi Fraternity requesting that a Sl~ecific Use Permit be granted for the op'eration of a fraternity located at 812 West Oak Street. (The property in question is further described as being City Lot 2, Block 488.) After hearing the president of the fraternity speak in favor of the petition, 7 citizens speak in opposition and a recommendation of denial from the Planning and Zoning Commission, motion was made by Ramey, seconded by Neu that the appeal be denied. Motion carried. 3. The following Ordinances were presented: (A) ORDINANCE NO. 71-5 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS. Motion was made by Neu, seconded by Chambers that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (B) ORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CALLING AND ORDER- ING AN ELECTION TO BE HELD ON THE 6TH DAY OF APRIL, A.D. 1971, THE SAME BEING T~ FIRST TUESDAY IN SAID MONTH, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILM~N FOR THE CITY OF DENTON, TEXAS, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 3, SECTION3.01 (a) OF THE CHARTER OF THE CITY OF DENTON, TEXAS; ESTABLISHING THE HOURS AND PLACE FOR THE SAID ELECTION; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND POSTING IN THREE PUBLIC PLACES IN THE CITY OF DENTON AS NOTICE OF SAID ELECTII)N; DIRECTING THE CITY SECRETARY TO MAKE UP THE OFFICIAL BALLOTS, CAUSING THE SAME TO BE PRINTED AND DELIVERED TO THE PRESIDING OFFICER; PROVIDING FOR THE MAKING OF OFFICIAL RETURNS OF SAID ELECTION; PROVIDING FOR THE F~ANVASSING OF THE RETURNS OF THE SAID ELECTION AND DECLARING THE RESULTS OF SAME BY THE CITY COUNCIL; AND DECLARING AN EFFECTIVE DATE. Motion was made by Chambers, seconded by Neu that the ordinance be adopted. On roll call vote, Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 4. The following resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF TH~ CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 26TH DAY OF JANUARY, A.D. 1971. RESOLUTION ~HEREAS, it is deemed beneficial and advisable to reorganize Flow Memorial Hospital under Article 4494i-1 of the Civil Statutes of the State of Texas (V.A.T.S.) and dissolve the entity heretofore created under Article 4494i, jointly with the County of Denton; now therefore, 382 January 26, 1971 Continued BE IT RESOLVED, that the following three (3) residents of the City of Denton are hereby named as Directors of Flow Memorial Hospital, to-wit: Dr. Charles Saunders, Dorcell Young and John Carter; and said Directors shall, as soon as possible, meet with the four (4) Directors who shall be appointed by the Co~nissioners Court of the County of Denton, and shall elect from their group a Chairman and upon electing one of their members as Chairman of said Board, the Board shall have authority, on behalf of Flow Memorial Hospital, to enter into a contractual agreement among and between themselves, the City of Denton, and the County of Denton, which contract shall spell out the obligations, duties, and responsibilities of the parties to the contract; and that when said contract shall be signed by all of the above named parties, the operation of Flow Memorial Hospital shall be guided in whole by said Article 4494i-1, V.A.T.S. It is the intention of this Resolution that the operation of Flow Memorial Hospital shall continue to be governed by Artiele 4494i, V.A.T.S., until that time when the newly appointed Board, whether composed in whole or in part by others than present members, and the City of Denton and County of Denton shall enter into and sign the aforesaid contract of agreement between said parties. The newly appointed Board shall have no other authority than that outlined in this Resolution unless and until the above named parties shall enter into said contract. Upon final execution of said contract, the entity existing under said Article 4494i shall cease to exist, and the entity shall be that provided by Article 4494i-1, as defined and limited by said contract. PASSED ANDAPPROVED this the 26th day of January, A.D. 1971. /s/ ALEXANDER M. FINLAY, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATFORNEY CITY OF DENTON, TEXAS Motion was made by Neu, seconded by Ayer that the resolution be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlayvoted "aye". Motion carried 5. Motion was made by Neu, seconded by Chambers to approve the Tax Adjustment Report for December, 1970 in the amount of $3,369.36. Motion carried. 6. Motion was made by Neu, seconded by Ramey that the statement of Norsworthy- Mercer, Inc., for the months of October, November and December, 1970, ih the amount of $4,569.16 be approved. Motion carried. 7. After considerable discussion, motion was made by Neu, seconded by Ayer that a contract not be renewed with Bill Hart, Attorney, for collection of City delinquent taxes and that the legal department of the City of Denton be authorized to file all suits for collection of taxes in behalf of the City of Denton. Motion carried. Meeting adjourned at 8: 39 p.m. ~~zJ~ ~. ~~ ~? .... ~"' .. ~unicipal Building February 9, 1971 Regular meeting ot the City Council, City of Denton, Texas, Tuesday, February 9, 1971, at 7 p.m. in the Council Chambers of the ~unicipal Building. PRESENT: Mayor Finlay, Mayor Pro Tern Neu, Councilmen Ayer, Chambers and Ramey; City ~nager, Assistant City Manager, City Attorney and acting City Secretary. Mayor Finlay recognized a group of Girl Scouts and their leaders from Troop 49. 1. Motion was made by Neu, seconded by Chambers to approve the minutes of the regular meeting of January 26, 1971. Motion carried. 2. BIDS: ~ (A) #71-7522 Improvements on cooling towers, units 1 & 2 ~ Motion was made by Ramey, seconded by Neu that the bid be awarded to ~'~ ~he ~arley Company at a bid of $71,414, less $750 for tests, m~king a total of ~ $70,664, as recommended by the Director of Utilities and consulting engineers. Motion carried. (B) #71-7524 Sale of Scrap and obsolete items Motion was made by Neu, seconded by Ayer that the bid be awarded as follows, with item 10 to be rejected: ITeM 1 to J. D. Alexander at .85 cwt, ITE~4 2 to ~. O. Fulton ~4etals at 24.15 cwt, IT~4 3 to Krum Trading Post at 6.50 cwt, ITE~ 4 to E. O. Fulton at 65.00 cwt, ITeM 5 to E. O. Fulton at 215.00 cwt, ITEM 6 to E. O. Fulton at 1.16 cwt, ITF~ 7 to E. O. Fulton at 1.16 cwt, ITEM 8 to Jimmy D. Brown at 15.55 lot, ITEM 9 to J. D. Alexander at .85 cwt, ITeM 11 to E. Oo Fulton at 1.11 eac~ and ITEM 12 to J. D. Alexander at .035¢ lb. ~otion carried. (C) #71-7527 Police Uniforms Motion was made by Ramey, seconded by Chambers that the bid be awarded to Cravens Dry Goods of Denton. Motion carried. 3. Motion was made by Neu, seconded by Ayer that the following petitions be referred to the Planning and Zoning Commission: (A) Z-1100 The petition of Mr. Frank B. Morrison, Jr., requesting the zoning classification of City Lot 5.1, Block 4016 be changed from the "SF-7" Single family classification to the "2F" Two F~nily classification. (The property in question is further described as being located at 1716 Sena.) (B) Z-il01 The petition of Mr. Jerry ~elsoe, et al, requesting the zoning classification of the southwest corner of 1-35 and Texas Business Route 77 be changed from the Agricultural zoning classification to the Light Industrial classification. (The property in question is further described as being located on City Lots lA2, lB1, lC, Block 4070-1.) (C) S-32 The petition of Dr. T. K. Hardy requesting t~at a Specific Use Permit be granted for the operation of a Veterinary Clinic on City Lot 6, Block 4070-E. (The property in question is further described as being located at 4001 University Drive West.) ~otion carried. 4. Motion was made by Neu, seconded by Chambers that the Tax Adjustment Report for January, 1971 in the amount of $3,684.15 be approved. ~4otion carried. 384 February 9, 1971 Continued 5. The Council considered the request for street use permit by Don Jones and Marvin Beleck. After considerable discussion, motion was made by Ayer, _ seconded by Neu that the r~quest be tabled until item 6 below is heard. Motion carried. 6. The Conncil considered the request of Dennis M. Lovett requesting a sidewalk sales permit. The Manager recommended that an ordinance be dra~n for the Cotmcil's consideration which would regulate the use of streets and sidewalks for selling purposes. Motion was made by Neu, seconded by Ayer to grant a street and sidewalk sales permit for Don Jones, Marvin Belick and Dennis Lovett, such permit to be granted conditioned on the fact that said sales shall involve minimal interference with pedestrian and vehicular traffic, and in no way obstruct such traffic, or cause a disturbance. The permit given pending submission of a new ordinance, at which time the above three permits would be terminated for reconsideration. Motion carried. 7. Motion was made by Neu, seconded by Ramey to approve a Quit Claim Deed to the estate of William W. ~^rright for return of dedicated, but unopened streets. Motion carried. Meeting adjourned at 8:38 p.m. MAYOR - 7 -~'.-~ --~/ ~. ' ~' ~.'-~ ~ CITY, ~ C~ T~Y Municipal Building February 23, 1971 Regular meeting of the City Council, City of Denton, Texas, Tuesday, February 23, 1971, at 7:00 p.m., in the Council Chambers of the 5~unicipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer, Chambers and Ramey; City _Manager, Assistant City Manager, City Attorney and City Secretary 1. Motion was made by Neu, seconded by Ayer that the minutes of the regular meeting of February 9, 1971 be approved. Motion carried. 2. BIDS: (A) #71-7S18 Hand Held Radio Transmitter Units Motion was made by Ayer, seconded by Neu that the bid be awarded to Federal Sign and Signal Company for four units at $474.00 each, plus optional equipment at a gross low bid of $1,552.00, as recommended by the City Manager. Motion carried. February 23, 1971 Continued 3. FOR REFERRAL: Motion was made by Neu, seconded by Chambers that the following petition, in four parts, from Dr. Pauline B. Mack be referred to the Planning and Zoning Commission for its recommendations: (1) Agricultural to "SF-7" Single family on City lots 9, 10, 29 and part of 1, Block 187; part of Lot 1, Block 276B. (This property is further described as being located along the north and the south sides of McKinney in the 2100 through 2500 blocks.) (2) Agricultural to '~dF-l" on an 18.2 acre tract of land described as part of City lot 1, Block 276B. (This property is further described as being located near the southeast intersection of Woodrow and McKimaey.) (3) "SF-7" Single family to "G.R." General Retail on a 16.5 acre tract of land located at the northeast corner of Mulkey and ~cKinney Streets. ~ "SF~7" ,~ (4) Single family to "G.R." General Retail on a 4.5 acre tract of land located at the northwest corner of .~lkey and McKinney. Motion carried. 4. The City ~anager briefed the Council relative to the appointment of a Mechanical & Plumbing Code Board, stating that this Board was recommended by the Council of Governments Motion was made by Neu, seconded by Ramey to instruct the City Attorney - to prepare the necessary documents for the creation of a 54echanical & Plumbing Code Board. Motion carried. 5. The Council considered a proposed lease agreement with Rex Cauble for lease of land only, not improvements, at the Denton ~nicipal Airport. The briefing by the City Manager was followed by considerable discussion. Motion was made by Ramey, seconded by Ayer that a lease agreement decision be table~I for further study. Motion carried. 6. The Council discussed Change Order #1 to the Bailey Meter Compony contract for furnishing Control and Instrumentation equipment for Unit No. 5 at the Steam Plant. The I~irector of Utilities briefed the Co~mcil and recommended approval, stating that Black & Veatch, Consulting Engineers, and the Public Utilities Board had recommended this Change Order. Motion was made by Neu, seconded by Ramey that Change Order #1 to Bailey Meter Company at an increased amount of $18,429.00 be approved. Motion carried. 7. The Council discussed final payment to Elm Fork Construction Company. The Director of Utilities recommended payment and indicated approval by the Utilities Board. Motion was made by Ramey, seconded by Chambers t~the final payment - in the amount of $~1,775.98 to the Elm Fork Construction Company for the Sewage Treatment Plant expansion be approved. Motion carried. 8. Motion was made by Neu, seconded by Chambers that payment of $1,736.78 to Freese, Nichols and Endress for engineering services be approved. Motion carried. 9. The Council discussed the request of Joe Briscoe for utilities service outside the city limits to a proposed mobile home park site just east of Mayhill Road, between East McKinney and Spencer Road. The Director of Utilities and the Utilities Board r~o~ended the request. Motion was made by Neu, seconded by Ramey that the request of Joe Briscoe be approved. Motion carried. 386 February 23, 1971 Continued 10. Police Chief, Wayne Autrey, appeared before the Council relative to pending legislation in Austin relative to revising the Texas Penal Code. Among other things, Chief Autrey requested that the Council pass a resolution asking a two year postponement by the legislature. No definite action was taken, but the Council indicated a concerned interest in the matter. 11. The request ~f the County commissioners Court for a City-County Medical Consultant appointment was presented to the Council by the City Manager~ who stated that a budget supplement would not be necessary roy the current fiscal year. The Mayo~ suggesled that the title, '~edic~l Consultant", was not the proper nomenclature, and _suggested the title, '$~edical Services Consultant". Motion was made by Ramey, seconded -by Chambers that the Council approve the n~w position for the City-County Health Unit, and request that the City Manager confer With the .Cotmt~y Commissioners and suggest a name other ~han Medical Consultant for- the ~_oSition. ~Motion carried. 12. Mayor Pro Tem Neu, Chairman of the Council Nominating Committee, advised that Dr. Vernon Davis had resigned from the Denton Public Housing Authority and recommended that Terre~l W. King III replace him. Motion was made by Ayer, seconded by Chambers that Terrell W. King III be appointed to the Denton Public Housing Authority. Motion carried. Motion was made by Chambers, seconded by Ramey that A1 Testa be appointed to The Flow Hospital Board as a joint city-county appointee, replacing John Brooks. Motion carried. 13. Councilman Ramey indicated concern for the character of movies now being displayed in Denton and suggested the Council's voicing of individual displeasure or possibly of combined Council action. The ~4ayor concurred with Councilman Ramey and suggested that the City Attorney explore the matter to determine if any action by the City government can be made. Meeting adjourned at 8:40 p.m. .._~ MAYOR Municipal Building March 9, 1971 Regular meeting of the City Council, City of Denton, Texas, Tuesday, March 9, 1971, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Councilmen Ayer, Chambers and Ramey; City Manager, Assistant City Attorney and City Secretary ABSENT: Mayor Pro Tem Neu Mayor Finlay read a proclamation proclaiming Girl Scout Week in the City of Denton and presented it to Carol Hamilton, a member of troop 49. 1. Motion was made by Ayer, seconded by Chambers that the minutes of the regular meeting of February 23, 1971 be approved. Motion carried. March 9, 1971 Continued 2. BIDS: (A) #71-7528 Mowers, edgers, trimmers, etc. Motion was made by Chambers, seconded by Ramey that a decision be tabled. Motion carried. (B) #71-7533 3 ~heel Police Vehicle Motion was made by Ayer, seconded by Chambers that the bid be awarded to Fork Lift Sales and Service at a low gross bid of $3,360 for two vehicles. Motion carried. (C) #71-7547 Transformers Motion was made by Ramey, seconded by Chambers that the bid be awarded to Westinghouse at a low bid meeting specifications of $6,534 each. Motion carried. (D) #71-7548 Transformer Building - Heritage Oaks Addition Motion was made by Chambers, seconded by Ayer that the bid be awarded to E. O. Fulton at a low bid of $1,588.88. Motion carried. 3. Motion was made by Ramey, seconded by Ayer that the following petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1102 The petition of Mrs. James B. Mack requesting that the zoning classification of City Block 4016 be changed from the "SF-7" Single Family classification to the '%~F-l"Multi-fmnily classification. The property in question is further described as being the block bound by Crow, Malone, Sena and Gober. (B) Z-1104 The petition of Mr. Bob Storrie, Sr., requesting that the zoning classification of City Lots 1, 2, 7 and 8, Block 394 be changed from the "SF-7" Single Family classification to the "N.S." Neighborhood Service Classification. The property in question is further described as being located on the south side of Eagle Drive between Avenue C.and Kendolph Streets. Motion carried. 4. FOR PUBLICHEARING: (A) A public hearing was held on Z-1101, the petition of Mr. Jerry Kelsoe, et al requesting that the zoning classification of the southwest corner of 1-35 and Texas Business Route 77 be changed from the Agricultural zoning classification to the Light Industrial classification. The property in question is further described as being located on City Lots lA2, lB1, lC, Block 4070-1. No proponents nor opponents were present. After a briefing by the Director of Con~nunity Development, motion was made by Ramey, seconded by Chambers that the petition be approved as recommended by the Planning and Zoning Commission. Motion carried. ~B) A public hearing was held on Z-1094, the petition of Mr. Raymond G. West, et al requesting that the zoning classification of the Ranch Estates Subdivision and the property extending east to the railroad tracks be changed from the Agricultural classification to the Planned Development classification. This property is described as being the Ranch Estates subdivision and extending east from the Ranch Estates Subdivision to the railroad tracks. No proponents nor opponents appeared. After considerable discussion, motion was made by Chambers, seconded by Ramey that the petition be approved, as recommended by the Planning and Zoning Commission, subject to abutting property owners granting a drainage and utility easement and reducing the number of horses allowed per lot from five to three. Motion carried. 388 March 9, 1971 Continued 5. SPECIFIC USE PERMIT: (A) A public hearii~ was held on S-34, the petition of 5~. W. T. Alford requesting that a Specific: Use Permit be granted for a livestock yard. No proponents nor opponents were present. After hearing a report from the Director of Community Development, motion was made by Ayer, seconded by Chambers that the petition be approved with the following conditions: (1)Livestock may be raised and kept on the described lots only under the following conditions: (a) Only horses may be used for commercial breeding purposes, and all such breeding shall be donfined to a barn, shed, or other enclosed building. 0a) Such livestock shall not be kept in quantities greater than five (5) per acre. Provided, however, that for commercial breeding purposes, additional horses may be temporarily kept for a period not to exco~ forty-five days per horse and in quantities not to exceed eigh~ per acre. Provided further, that the 365 day average of su~Lpermanent and temporarily kept horses shall not exceed five per acre. (2) This permit shall automatically terminate at the time that W. T. Alford shall cease to own and manage the described lots, unless sooner revoked by act of the City Council. Motion carried. (B) A public hearing was held on the petition of Dr. T. K. Hardy requesting that a Specific Use Pe'rmit be granted for the operation of a Veterinary Clinic on City Lot 6, Block 4070-E. The property is further described as being located at 4001 University Drive lqest. Dr. Hardy spoke for the petition, and there were no opponents present. After considerable discussion, motion was made by Ayer, seconded by Chambers that the petition be granted, subject to dedication to the City by the petitioner of a specific drainage and utility easement and that the following conditions be met: (1) No cattle may be kept on the premises. (2) The building shall be built of wood or masonry only. (3) A solid screened fence shall be erected along the back of the lot, and other solid screen fences along the sides, if requested byproperty owners. Motion carried, with councilman Ramey abstaining. 6. The following Ordinance was presented: ORDINANCE NO. 71-7 AN ORDINANCEAMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A PLUMBING AND MECHANICAL CODE BOARD; PROVIDING THE DUTIES AND POWERS OF SUCH BOARD; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Chambers, seconded by Ramey that the ordinance be adopted. On roll call vote, Ayer voted "aye", Chambers voted "aye" Ramey voted "aye" and Finlay voted "aye". Motion carried. ' The Mayor requested the Nominating Conmittee to begin the selection of Plumbing and Mechanical Code Board. members. March 9, 1971 Continued 7-A. The City Manager noted progress made of upgrading the Denton Fire Department to meet the needs of modern fire fighting techniques, recommending that hours of work be reduced from 72 to 56 hours per week, as practiced in this area, pointing out that such a change would take from three to five years. Following considerable discussion, motion was made by Ayer, seconded by Ramey that the proposal by Fire Chief Gentry, as presented by the City Hanager be approved. Motion carried. 7-B. The City Manager recommended that Police change shifts from eight hours a day, five days a week to ten hours a day, four days a week, adding that good results have been reported from other departments. The Hanager recommended a six months trial basis. Following considerable discussion, motion was made by Ramey, seconded by Chambers that the recommendations of the City Manager be accepted on a six months trial basis. Hotion carried. 8. Motion was made by Ramey, seconded by Chambers to approve a railroad crossing agreement with the Missouri-Kansas-Texas Railroad, such crossing joining Mills Street to Morse Street, with the Mayor authorized to sign such agreement. Motion carried. 9. Motion was made by Ayer, seconded by Chambers to approve a Quit Claim Deed to Denton Loan and Investment Company and Albert M. Conekin on Lot 12, Block E, contingent upon Denton Loan and Investment Company granting a 50 foot minimum width easement to the City of Denton through Lot 10, Block E of Meadowbrook Subdivision. Motion carried. 10. Motion was made by Ramey, seconded by Ayer to approve the 1970 audit and to authorize payment of $19,000 to Ernst and Ernst. Motion carried. 11. Motion was made by Ayer, seconded by Chambers to approve the payment of the January billing of Norsworthy-Mercer, Inc. in the amount of $1,141.06. Motion carried. 12. The Council discussed a proposed thirty year contract with the City of Corinth for the treatment of sewage. Following a briefing by the ~an~ger, motion was made by Ramey, seconded by Chambers to authorize the Mayor to sign a sewage treatment contract with the City of Corinth. Motion carried. 13. The Council discussed a proposed thirty year contract with the City of Corinth to provide treated water for Corinth. Following a briefing by the City Manager, motion was made by Ayer, seconded by Chambers to approve a contract with the City of Corinth to provide treated water to the City of Corinth, sBbject to approval of the City Attorney before authorizing the Mayor to sign the contract. Motion carried. 14. Motion was made by Ramey, seconded by Ayer that the Tax Adjustments Report for February 1971 in the amount of $944.05 be approved. ~otion carried. Meeting adjourned at 9:50 p.m. MAYOR - 396 Municipal Building March 23, 1971 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, March 23, 1971, at 7:00 p.m., in the Council Chambers of the M~nicipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer, Chambers and Ramey; City Manager, Assistant City Manager, City Attorney and City Secretary 1. Motion was made by Ramey, seconded by Ayer to approve the minutes of the regular meeting of March 9, 1971. Motion carried. 2. BIDS: (A) #71-7528 Mowers and Edgers (tabled last meeting) Motion was made by Neu, seconded by Chambers that the bid be awarded as follows, as recommended by ~he City Manager: ITEM 1-aerator to Colonial Motors at a bid of $1,271.20; IT~ 2-one 48" ~otary mower, a kut kwick, to Colonial Motors at a bid of $1~,IT~M 3-one 84" 3 reel mower to Colonial Motors at a bid of $1,731; ITEM 4-one--el gang riding mower to Colonial Motors at a bid of $905; ITeM 5-one--~avy duty trimmer edger to Marr Brothers at a bid of $84.71; ITEM 6-~-Rite to Goldthwaite's at a bid of $142; ITeM 7-three 48" rotary mowers to Colonial Motors at a bid of $3,555; and ITEM--t~tilt trailers to Colonial Motors at a bid of $1,333. Motion carrie-~. (B) #71-7523 Annual Water & Sewer Utility Supplies Motion was made 'by Neu, seconded by Chambers that a decision be tabled. Motion carried. (C) #71-7560 Demm~d Electric Meters (16) Motion was made by Neu, seconded by Ramey that the bid be awarded to Cummins Supply Company on a draw bid, in the amount of $4,472.00. Motion carried. 3. Mayor Finlay recognized B. C. ~llis, retiring employee in the Electric Production Department, for 25 years of service. T~e Mayor presented Mr. Ellis an engraved plaque, and ~ayor Pro Tem Neu presented a gift in behalf of Mr. Ellis' co-workers. 4. Bill Utter, Highway Co~ittee Chairman of the Chamber of Commerce, briefed the Council relative to contacts with the State Highway Commission concerning a proposed highway from the Regional Airport to the City of Denton and inquired if the City would acquire the right of way within the City limits for such a highway. Motion was made by Neu, seconded by Ayer to support the efforts of the Chamber of Commerce to obtain a highway from the Regional Airport to the City of Denton. Motion carried. 5. FOR PUBLIC HEARING: (A) A public heari~g was held on Z-1103, the petition of Joe Skiles, representing Dr. Pauline Beery Mack, requesting changes in the zoning classification in the following: (1) Agricultural to "SF-7" Single family on City Lots 9, 10, 29 and part of Block 187~ part of Lot 1, Block 276B. This property is further described as being located along the north and the south sides of McKinney in the 2100 through 2500 blocks. (2) Agricultural to '~F~I" Multi-family on an 18.2 acre tract of land described as part of City Lot 1, Block 276B. This property is further described as being located near the southeast intersection of Woodrow and 5~cKirmey. March 23, 1971 Continued (3) "SF-7" Single family to "G.R." General Retail on a 16.5 acre tract of land located at the northeast corner of Mulkey and McKinney Streets. (4) "SF-7" Single family to "G.R." General Retail on a 4.5 acre tract of land located at the northwest corner of Mulkey and McKinney. After hearing 2 proponents and no opponents and a report from the Planning and Zoning Commission by the Director of Community Development, motion was made by Ramey, seconded by Ayer that the above four petitions be approved, subject to platting of (3) and ~4) and the receipt of an executed deed on the park sites. Motion carried. The City Manager read letters from Dr. Pauline Beery Mack tendering as a gift to the City of Denton two tracts of land comprising 21.9 acres and a letter to Dr. James Benjamin tendering to the School District a 10 acre tract for a future school site. Motion was made by Chambers, seconded by Neu to commend Dr. Pauline Beery Mack for her generosity in her gift of 21.9 acres of land for City parks, and that a letter of commendation be prepared ~nd sent to Dr. Mack. Motion carried. Motion was made by Neu, seconded by ~ambers to refer to the Planning and Zoning Commission a strip of land south from East McKinney along the east boundary line of Woodrow Lane for a public hearing for possible change of zoning from Agricultural to '~F-I". Motion carried. (B) A public hearing was held on Z-1105~ the petition of Mr. Joe Skiles requesting that the zoning classification of City Tract 36, Block 285 be changed from the Agricultural classification to the "SF~16'' Single family zoning classification. The property in question is further described as being located at the southwestern extremes of the Southridge Subdivision. After hearing 1 proponent and no opposition and a report by the Director of Community Development, stating that the Planning and Zoning Con~ission approved the petition, motion was made by Neu, seconded by Ayer that the petition be approved, as recommended by the Planning and Zoning Commission. Motion carried. (C) A public hearing was held on S-8, the petition of Mr. John W Mozingo, Sr., requesting that an amendment be made to the existing Specific Use Permit which will allow the placement of one mobile home on City Lot 8, Block 276D. The property in question is further described as being located at 2500 Spencer Drive. After hearing 1 proponent and no opposition and a report that the Plm~ning and Zoning Commission approved the petition, motion was made by Chambers, seconded by Ramey that the petition be approved as recommended by the Planning and Zoning Commission. Motion carried. 6. Gerald Stone, architect for fire station number 3 at the corner of McCormick and Underwood Streets, read a progress letter on the construction and presented a certificate of substantial completion for signature by the Mayor. 7. The following Ordinances were presented: (A) Ordinance No. 71-8 AN ORDINANCE CORRECTING ORDINANCE NO. 70-33 ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1970, AND ENDING ON SEPT~{BER 30, 1971, AS SAME APPLIES TO THE ALLOCATION OF TAXES LEVIED FOR THE YEAR 1970 TO BE ASSESSED ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE CITY OF DENTON, TEXAS; SUBSTITUTING THE CORRECT ALLOCATION OF LEVY; AND DECLARING ANEFFECTIVE DATE. Motion was made by Ayer, seconded by Neu that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 392 March 23, 1971 Continued (B) Ordinance No. 71-9 AN ORDINANCE A~4ENDING TH~ ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS lA2, lB1, lC, BLOCK 4070-1 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Chambers that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". ~{otion carried. Meeting adjourned at 9 p.m. CITY SECRETARY Municipal Building April 12, 1971 Special meeting of the City Council of the City of Denton, Texas, Monday, April 12, 1971, at 1:30 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pre Tem Neu, Councilmen Chambers and Ramey; Assistant City Manager~ City Attorney and City Secretary. ABSENT: Councilman Ayer The meeting was called for the purpose of canvassing the regular City election of April 6, 1971. 1. THE FOLLOWING ORDINANCE ~AS PRESENTED: ORDINANCE NO. 71-10 AN ORDINANCE CANVASSING ELECTION RETURNS OF ELECTION HELD APRIL 6, 1971, TO ELECT THREE CITY COUNCILMEN. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the City Council officially finds and determines that an election was duly ordered to be held in the City of Denton on the 6th day of April, 1971, for the purpose of electing three (3) members to said Council; that proper notice of said election was duly given; that proper election officers were duly appointed prior to said election; that said election was duly held; that due returns of the result of said election have been made and delivered; and that the City Council has duly canvassed said returns; all in accordance with law. April 12, 1971 Continued SECTION II. That the City Council officially finds and determines that only resident qualified electors of said City were allowed to vote at said election, and the _ following votes were cast at said election for each candidate and write-in, there being no other person receiving any votes at this election: Harold L. Ramey 1,261 votes Bill Neu 1,145 votes Hugh M. Ayer 913 votes David Nichols 615 votes Fred Reed 316 votes William Fitz 278 votes SECTION III. That the City Council officially finds, determines and declares the results of said election to be that Harold L. Ramey, Bill Neu and Hugh M. Ayer have each received the proper number of votes to be elected, and that each of them is elected to said Council in accordance with law. PASSED AND APPROVED this the 12th day of April, A. D. 1971. /si ALEXANDER M. FINLAY, JR., MAYOR CITY OF DF2NTON, TEXAS ATTEST: /si BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /si JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Neu, seconded by Chambers that the ordinance be adopted. On roll call vote Rameyvoted "aye", Chambers voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. Meeting adjourned at 1:45 p.m. MAYOR CITY SECRETARY 394 Municipal Building April 13, 1971 Regular meeting of the City Council, City of Denton, Texas, Tuesday, April 13, 1971, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer, Chambers and Ramey; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by ~amey, seconded by Chambers that the minutes of the regular meeting of March 23, 1971 and the special meeting of April 12, 1971 be approved. Motion carried. 2. Gerald Stone, architect for Fire Station Number 3, presented his written report of building completion to the Council. 3. BIDS: (A) #71-7523 Annual Water & Sewer Utility Bid The Director of Utilities made recommendations item by item. Motion was made by Neu, seconded by Chambers that the bid be awarded as follows, as recommended by the Director of Utilities: Bowles & Eden Supply Co.--awarded items 1-33, 35-59, 61-66, 72-74, 76-80, 82, 84-99, t01-103, 105-118, 121, 122, 133, 164-166, 168~180, 183-185, 187-192, 207-210, 248, 250, 252-254, 267-268, 270, 272, 274-276, 278, 279, 281, 285, 286, 287, 304, 305, 311, 312, 353-356 and 370-374. Bass & Hays Co.--awarded items 375-378 American Cast Iron--awarded items 67-71 Rohan, Inc.--awarded items 60, 75, 81, 104, 119, 120, 181, 297-303, 357 and 380-382, 182 and 379 Dresser Co.--awarded items 197-206, 219-235, 237-245, 257-260 and 262 Bailey-Meissner Co;- awarded items 358 and 367-369 Trans-Tex Supply Co.--awarded items 83, 126, 127, 130, 131, 134-139, 163, 139-A-139-D, '. 186, 193-196, 211-218, 236, 246,247, 249, 251, 255-256, 261, 266, 269, 271, 273, 277, 280, 282, 283, 284, 288, 289-291, 306-310, 313-317, 342 and 359-366, 125, 128, 129, 132 and 346-352 and 167 W. S. Dickey Clay Pipe Co.--awarded items 140-162 Lone Star Steel Co.--awarded items 292-296 Gifford-Hill Pipe Co.-- awarded items 318-341.and 343-345 U. S. Pipe--awarded items 294-A-294-E Motion carried. (B) #71-7526 Cement & Street Materials Motion was made by Ayer, seconded by Ramey that the bid be awarded as follows: Moore Building Products--awarded items 1, 2, 3 and 5 Gifford-Hitl--awarded items 6,.10, 11, 18-25 Round Rock Lime--awarded item 7 April 13, 1971 Continued Don Davis--awarded items 9 and 12 Southern Asphalt--awarded items 13~ 14 and 15 Wright Asphalt--awarded items 13-A, 14-A and 17 Pene-Prime--awarded item 16 Jenkins & Long--awarded 24-A and 25-A Jagoe Public--awarded items 24-B and 25-B Motion carried. (C) #71-7559 Algecide for Swimming Pool Motion was made by Ramey, seconded by Chambers that the bid be awarded to Chem-Line at a bid of $1.90 per gallon, as recommended by the City Manager. Motion carried. (D) #71-7561 Tractors & Mowers for Parks Dept. Motion was made by Neu, seconded by Ayer that item 1 and 2 be awarded to Clovis George Tire Company at a net bid of $7,742.92, with trade. Motion carried. (E) #71-7563 Truck Chassis for Smnitation Dept. (2) Motion was made by Chambers, seconded by Neu that the bid be awarded to Merrill-GMC at a bid of $15,999.54 for two trucks delivered to San Antonio, as recommended by the City Manager. Motion carried. (F) #71-756S Dump Truck and one Cab & Chassis Motion was made by Neu, seconded by Chambers that the bid be awarded as follows: Bill Utter Ford--awarded item 1 at a total bid of $9,173.32 for 2 trucks Calvert Motors--awarded item 4 at a bid of $3,009.68 with trade Motion carried. (G) #71-7566 Sale of Fire Station Motion was made by Ayer, seconded by Neu that the bid be awarded to Fred Arrington at a high bid of $18,S01.50. Motion carried. 4. Motion was made by Neu, seconded by P~ney that the following four petitions be referred to the Planning and Zoning Commission for its recommendations: (A) S~36 The petition of Mr. Charles Fulbright that a Specific Use Permit be granted to him for the placement of a mobile home on City Lot 34, Block 168. The property in question is further described as being located at 722 North Bradshaw Street. (B) S-37 The petition of Mr. Miguel Re)rna that a Specific Use Permit be granted to the Delta Sigma Pi Fraternity for the operation of a fraternity house at 307 Ponder Street. The property in question is further described as being located on City Lot 9, Block 498. (C) S-38 The petition of Mr. Billy C. Cowan that a Specific Use Permit be granted to him for the placement of a mobile home on City Lot 4, Block 178H. The property in qnestion is further described as being located at 1401 Mockingbird Lane. 396 April 13, 1971 Continued (D) Z-1107 The request of the Planning and Zoning Con~nission that the zoning classification of City Lots 1, 2, 2.1, 3, 4, 4.1, 5 and 6, Block 186 be changed from the Agricultural classification to the '~F-i" Multi-family classification. The property in question is further described as being located on the southeast corner of East McKinney and Woodrow Lane. Motion carried. 5. A public hearing was held on Z-1104, the petition of Mr. Bob Storrie, Sr., requesting that the zoning classification of City Lots 1, 2, 7 and 8, Block 394 be changed from the "SF-7" Single family classification to the "N.S." Neighborhood Service classification. The property in question is further described as being located on the south side of Eagle Drive between Avenue C and Kendolph Streets. After hearin~ one proponent, Bill Willingham of Southland Corporation, and no opposition, motion was made by Ramey, seconded by Neu that the petition be approved as recommended by the Planning and Zoning Commission. Motion carried. 6. THE FOLLOWING ORDINANCE WAS PRESt~TED: ORDINANCE NO. 71-11 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS ANAPPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO A TRACT OF LAND CONTIGUOUS TO THE SOUTHEAST CORNER OF LOT 17, BLOCK 23, OF THE SOUTHRIDGE ADDITION TO THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARINGAN EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer that the ordinance be adopted On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlayvoted "aye". Motion carried. 7. Mayor Finlay read and 'presented to Mrs. Robert Caldwell, Secretary of the Library Board, a Proclamati~a declaring April 18-24 as National Library Week. 8. The City Manager briefed the Council relative to a proposed airport lease agreement between the City of Denton and Cauble Enterprizes, Inc. After considerable discussion, motion was made by Ramey, seconded by Ayer to table the matter until tlhe next regular meeting for further study. Motion carried. 9. Motion was made by Neu, seconded by Chambers to approve the Tax Adjustments Report for March, 1971 in the amount of $1,310.57. Motion carried. 10. Dana Verrill, speaking for D & D Ice Cream Service, requested a permit to operate three ice cream trucks on City streets. Motion was made by Neu, seconded by Ayer to table a decision until the next regular meeting, when tlhe proposed new ordinance is expected to be available for consideration. Motion carried. 11. After a briefing by the Director of Utilities, motion was made by Neu, seconded by Chambers to authorize Freese-Nichols and Endress to proceed with plans and specifications for additional production capacity at the water treatment plant. Motion carried. 12. The Mayor relinquished the chair to the City Secretary who administered the Oath of Office to Harold Ramey, Bill Neu and Dr. Hugh Ayer, re-elected to the Council for two year terms on April 6, 1971. April 13, 1971 Continued 13. Nominations were opened for office of Mayor for the City of Denton. Motion was made by Chambers to nominate Alexander M. Finlay as Mayor of the City of Denton and that he be elected by acclamation. Councilman Ayer seconded the motion. Motion carried unanimously. Mayor Finlay elected. 14. Mayor Finlay took the chair and opened nominations for Mayor Pro Tom Motion was made by Ramey to nominate Bill Neu as Mayor Pro Tom of the City of Denton and that he be elected by acclamation. Councilman Ayer seconded the motion. Motion carried unanimously. Mayor Pro Tom Neu elected. Municipal Building April 27, 1971 Regular meeting of the City Council, City of Denton, Texas, Tuesday, April 27, 1971, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer Chambers and Ramey; City Manager~ Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Chambers, seconded by Neu that the minutes of the regular meeting of April 13, 1971 be approved. Motion carried. 2. BIDS: (A) #71~7572 Tires and Batteries (until March 1, 1972) Motion was made by Neu, seconded by Ramey that the bid for batteries be awarded to Sam Laney, Inc. and the bid for tires be awarded to Goodyear, as recommended by the City Manager. Motion carried. (B) #71-7573 Ready Mix Concrete (until December 31, 1972) Motion was made by Ayer, seconded by Ramey that the bid be awarded to Denton Concrete at an overall low net bid. Motion carried. (C) #71-7578 Materials Transporter (truck body) Motion was made by Ayer, seconded by Ramey that the bid be awarded to Hugh Lewis & Associates for 6 cubic yar~$ material mixing and delivery system at a low bid of $19,935, as recommended by the City Manager. Motion carried. (D) #71-7564 Truck for Transporter (chassis only) Motion was made by Neu, seconded by Chambers that the bid bo awarded to Calvert Motors for item 1 at a low bid of $8,241.35. Motion carried. April 27, 1971 Continued 3. Motion was made by Neu:~ seconded by Ramey that the following three petitions be referred to the Plarming and Zoning Commission for its recommendations: (A) Z~l109 The petition of Mrs. D. Davis that the zoning classification of City Lots 2 and 2.1, Block 176 be changed from the "SF-?" Single family classification to the '5{F-l"gulti-family classification. The property in question _ is further described as being located at 1507 Mingo-Fishtrap Road. (B) Z-1110 The petition of Mr. Wayne Autrey that the zoning classification of parts of City Lots 11, 12 and 13, Block 171-D be changed from the "SF-5" Single family classification to the "N.S." Neighborhood Service classification. The property in question is further described as being located at 828 and 830 Rose Street and 803 Texas Street. (C) Z-1111 The petition of the Meadow Oaks Development Co. that the zoning classification of City Lots 1 through 11, Block 8, Lots 1 through 7 Block 6, Lots 1 through 6, Block 3 and Lots 1 through 4, Block 7 of the Meadow Oaks Addition be changed from the "2F" Two family classification to the '~4F-l" Multi-family classification. The property in question is further described as being located along the east boundary line of the Mack Addition. Motion carried. 4. A public hearing was held on the petition of North Texas State University's request that Avenue A between-Mulberry and Chestnut and Avenue A between W. Prairie and Highland be quit claimed to the University. Marvin Springer, planner, briefed the Council on .the overall University street plan. Dr. James Rogers spoke in behalf of the University. (See statement by Dr. Rogers and a letter from Lone Star Gas Company in packet #4686). Four citizens spoke in opposition to the petition and the Director of Community Development gave the recommendations of the Planning and Zoning Commission. The Director of Utilities reviewed the utilities situation. The following Ordinance was presented: ' ORDINANCE NO. 71-12 AN ORDINANCE VACATING AND ABANDONING AS A PUBLIC STREET CERTAIN PORTIONS OF AVENUE '~" LYING BETWEEN MULBERRY AND CHESTNUT, AND BETWEF~ PRAIRIE AND HIGHLAND STREETS; SAID PORTIONS BEING FURTHER DESCRIBED THEREIN IN FULL, AFTER FINDING THAT THE PUBLIC CONVENIENCE ANDNECESSIT~ ~NO LONGER REQUIRES THEIR CONTINUED EXISTF~CE AS PUBLIC STREETS; RETAINING UTILITYANDDRAINAGE RIGHTS THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Chambers that the ordinance be adopted, with Councilmen Ramey and Chambers agreeing that the motion should be amended to replace the wording, "through the Director of Community Development" in the last line of the last paragraph of portion number 2 of the ordinance to read, "through its Council". On 'roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlayvoted "aye". Motion carried. 5. The following ordinances were presented: (A) ORDINANCE NO. 71-13 AN ORDINANCE REQUIRING. A PERMIT FOR SALES UPON PUBLIC STREETS AND SIDEWALKS; ESTABLISHING REGULATIONS AND REQUIREMENTS THEREFORE; PROVIDING FOR A PERMIT FEE AND FRANCHISE FEE; PROVIDING A PENALTY FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. April 27, 1971 Continued (B) ORDINANCE NO. 71-14 AN ORDINANCE AMENDING THE ZONING ~liP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOTS 1, 2, 7 AND 8, BLOCK 394 AS SHOWN THIS DATE ON THE OFFICIAL TAX ROLLS AND PLAT OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 6. Councilman Ayer inquired as to the possibility of an ordinance regulating the length and method of advertising for garage sales in the City. Motion was made by Ayer, seconded by Chambers to instruct the City staff to investigate local garage sales and submit appropriate recommendations to the Council. Motion carried. 7. Mayor Pro Tem Neu, speaking for the Council Committee on Appointments, read the Committee's recommendations for members of the Plumbing and Mechanical Board. They are as follows: Millard Heath, Fred Korioth, Joe Evans, Bob ~urnbull and Tommy Turner. Motion was made by Neu, seconded by Ayer that the above named citizens be named to the Plumbing and Mechanical Board. Motion carried. 8. Motion was made by Neu, seconded by Ramey that a Lease Agreement with the U. S. Leasing Corporation relating to the leasing by the City of a l~ostage machine be approved. Motion carried. 9. The following resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 27TH DAY OF APRIL, A. D. 1971. RESOLUTION ~HBREAS, The City of Denton has entered into an agreement with the U. S. Leasing Corporation relating to the leasing to this Municil~l Corporation from said U. S. Leasing Corporation certain equipment, material, and/or other property; NOW THEREFORE, BE IT RESOLVED, that said lease be approved and that the action of the purchasing agent of this City of Denton is hereby ratified and confirmed PASSED AND APPROVED this the 27th day of April, A.D. 1971. /s/ ALEXANDER M. FINLAY JR. , MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. April 27, 1971 Continued 10. After hearing recommendations by the City Manager relative to the proposal of Ernst & Ernst for continued auditing services for the current fiscal year ending September 30, 1971, motion was made by Ramey, seconded by Neu that the proposal by Ernst & Ernst for continued auditing services be approved. Motion carried. 11. The Manager read a letter from a representative of the Building Code Board requesting a study session between the Board and the Council. Motion was made by Cha~ers, seconded by Ayer to instruct the City Staff to set up a session with the said Board. Motion carried. 12. The Director of Utilities briefed the Council relative to the awarding of a contract for general construction at the Power Plant. Motion was made by Neu, seconded by Chambers that the bid be awarded to Austin Building Company at a low bid of $1,338,280 and to authorize the Mayor to sign the contract. Motion carried. 13. The Director of Utilities recommended tabling of the awarding of the contract for industrial water lines from the Waste Water Disposal Plant to the Power Plant. Motion was made by Neu, seconded by Ayer that the item be tabled for further study. Motion carried. 14. The Mayor read a proclammtiondeclaringMay 1, 1971 as "Loyalty Day" to proclaim publicly love of flag and country. 15. A.B. Jones expressed concern for the traffic hazard at Loop 288 and East McKinney Street. The Manager advised that the hazard did exist and that the State Highway Department would take the responsibility of safety changes. The meeting adjourned at 10:10 p..m. , I¢~.YOR Municipal Building May 11, 1971 Regular meeting of the City Council, City of Denton, Texas, Tuesday, May 11, 1971, at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer, Chambers and Ramey; City Manager, Assistant City Manager, City Attorney and acting City Secretary. 1. Motion was made by Neu, seconded by Ramey to approve the minutes of the regular meeting of April 27, 1971. Motion carried. 2. Motion was made by Neu, seconded by Ayer that the following three petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1112 the petition of Mr. Grant Jacobson, Jr., requesting that the zoning classification of Lots 1 through 9, Block D, and Lots 1 through 3, Block C, all in the Dicus Subdivision, being a replat of parts of Blocks 3, 4, 7 and 8 of the W. W. Wright Addition be changed from the "SF-7" Single family classification to the Office classification. The property in question is further described as being located in the 1700 block of Broadway Street. (B) Z-1113 the petition of Mr. Don Kluck requesting that the zoning classification of part of City Block 187-1 be changed from the Agricultural classification to the Commercial Classification. The property in question is further described as being located in the 1000 block of North Loop 288. (C) Z-1114 the petition of Mr. Harvey A. Thompson requesting that the zoning classification of part of City Lots 3 and 4, Block 1000 be changed from the "SF-10" Single family classification to the "2F" Two family and '~F-l"~ulti family classification. The property in question is further described as being located in the 2400 block of University Drive. Motion carried. 3. PUBLIC HEARINGS: (A) A public hearing was held on Z-1107, the request of the Planning and Zoning Commission, requesting that the zoning classification of City Lots 1, 2, 3, 4, 4.1, 5 and 6 and 2.1, Block 186 be changed from the Agricultural classification to the '~4F-l" Multi family classification. The property in question is further described as being located on the southeast corner of East McKinney and Woodrow Lane. After hearing a report from the Planning and Zoning Commission recommending approval, with no opposition present, motion was made by Neu, seconded by Ayer that the petition be approved. Motion carried. (B) A public hearing was held on Z-1108, the petition of Mr. John Davis Worley requesting that the zoning classification of City Lot 2, Block 247-A be changed from the Single family classification to the General Retail classification and the Multi family classification. The property in question is further described as being located on the southwest corner of Woodrow Lane and McKinney Street. After hearing proponents and no opposition and a report from the Plarming and Zoning Commission recommending approval, motion was made by Ayer, seconded by Ramey that the petition be approved. Motion carried. 4. The Council heard the request of J. Henry Thomas requesting that the Old County Road near his property be cleaned up or closed at the discretion of the City. After considerable discussion, motion was made by Ramey, seconded by Neu to authorize Mr. Thomas to physically barricade the existing road, with the City retaining title to the right of way if such has in fact or law been conveyed to the City or County, and with the Director of Community Development determining the location of the barricade. Motion carried. 4O2 May 11, 1971 Continued 5. The Council considered the request of A. F. Evers, Jr., relative to the completion of the paving at the south end of Wainwright Street. Motion was made by Ramey, seconded by Chambers to table the matter pending further engineering studies. Motion carried. 6. EASt~ANDQUIT CLAIM DEED: (A) Motion was made by Neu, seconded byAyer to issue an 11 foot utility easement to Tommy Caruthers and T. L. Caruthers with the Mayor authorized to sign said easement. Motion carried. (B) The Council considered the request of V. W. Redman and Bapco, Inc. for a Quit Claim Deed on Coit Street between Sunset and the drainage ditch. Following considerable discussion, motion was made by Neu, seconded by Ramey that the request be denied. Motion carried. 7. Motion was made by Ramey, seconded by Neu to approve the Tax Adjustments Report for April, 1971 in the amount of $2,983.0S. Motion carried. 8. The Director of Utilities gave the recommendation of the Utilities Bd. to award the contract for industrial water lines to the Power Plant to the Elm Fork Construction Company in the amount of $401,799. Motion was made by Neu, seconded by Chambers that the contract be awarded to Elm Fork Construction Company at a bid of $401,799 as recommended by the Director of Utilities and the Utilities Board. Motion carried. 9. Motion was made by Chambers, seconded by Neu to accept the recommendations of the Director of Utilities to accept the contract with Zimpro as work completed on the Sewer Plant expansion. ~4otion carried. t0. Mr. B. Harper requested that the Council reduce the required amount of liability insurance for food vending vehicles as required for a Vendor's License. Motion was made by Ramey, seconded by Neu to table the matter for further study. Motion carried. 11. Motion was made by Neu, seconded by Ayer that Olan Gray, Earl Jones and Ed Box be named ex-officio members of the Plumbing and Mechanical Code Beard. Motion carried. 12. Motion was made by Ayer, seconded by Chambers to refer the matter of an ordinance regulating garage sales to the Planning and Zoning Commission for its study and recommendation. Motion carried. Meeting adjourned at 9:05 p.m. Municipal Building May 25, 1971 Regular meeting of the City Council, City of Denton, Tuesday, May 25~ 1971 at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ramey, Chambers and Ayer; City Manager, Assistant City Manager, City Attorney and City Secretary 1. Motion was made by Chambers, seconded by Neu that the minutes of the regular meeting of May 11, 1971 be approved, blotion carried. 2. BIDS: (A) #71-7591 Industrial type Mowers Motion was made by Neu, seconded by Ramey that the bid be awarded to Clovis George Tractor Company at a net bid of $2,150.30 for three mowers, less trade in of two mowers. Motion carried. 3. VI S~TORS: (A) Tom Martin, Chief of the North Texas State University Campus Police, appeared to express appreciation for the cooperation of the staff of the City of Denton with the NTSU Police. (B) Charles Davis, local businessman, expressed concern for safety at the W. Sycmnore railroad crossing and asked that action be taken to secure a signal light at the crossing. The Mayor indicated that the matter would be taken under advisement. 4. FOR REFERRAL: Motion was made by Neu, seconded by Ramey that the following two petitions be referred to the Planning and Zoning Commission. (A) S-39 the petition of Mr. Gerald Stone requesting that a Specific Use Permit be granted to the Eleanor Green Dance Studio to Erect a business sign on City Lot 1, Block 4015. The property in question is further described as being located at 529 Malone Street. (B) Z-1115 the petition of the Down Development Company requesting that the zoning classification of City Lot 13, Block 136-16/K be changed from the Agricultural zoning classification to the General Retail classification. The property in question is further described as being located on the west side of Stuart Road in the 4100 block, north of Selene Drive. Motion carried. 5. PUBLIC HEARINGS: (A) A public hearing was held on Z-1102, the appeal of Mrs. James B. Mack requesting that the zoning classification of City Block 4016 be changed from the "SF-7" Single family classification to the '~F-l"Multi-family classification. The property in question is further described as being the block bound by Crow, Malone, Sena and Gober. After hearing a local attorney, speaking for the petitioner, and seven citizens speaking in opposition, plus a report of denial from the Planning and Zoning Conmission, motion was made by Ayer, seconded by Chambers that the petition be denied. Motion carried. 4O4 May 25, 1971 Continued (B) A public hearing was held on Z-1110, the petition of Mr. Wayne Autrey requesting that the zoning classification of parts of City Lots 11, 12 and 13, Block i?I-D be changed from the "SF-5" Single family classification to the "N.S." Neighborhood Service classification. The property in question is further described as being located at 828 and 830 Rose Street and 803 Texas - Street. There were no proponents or opposition present. After hearing a report of approval by the Planning and Zoning Commission, motion was made by Ramey, seconded by Neu that the petition be approved, and the City Attorney instructed to prepare the appropriate ordinance. Motion carried. (C) A public hearing was held on Z-1111, the petition of the Meadow Oaks Development Company requesting that the zoning classification of City Lots 1 through 11, Block 8, Lots 1 through 7, Block 6, Lots 1 through 6, Block 3 and Lots 1 through 4, Block 7 of the Meadow Oaks Addition be changed from the "2F" Two family classification to the '~4F-l" Multi-family classification The property in question is further described as being located along the east boundary line of Mulkey Lane and bordering on the north boundary line of the Mack Addition. After hearing one proponent and two in opposite, on, motion was made by Ramey, seconded by Neu that the matter be tabled until the next regular meeting. Motion carried. 6. Mr. Ken Shaw, local Manager of General Telephone Company appeared relative to toll free calling to Lake Dallas and Pilot Point. Mr. Shaw pointed out that the Council from Lake Dallas, Pilot Point and Denton must concur if the system is installed. Motion was made by Neu, seconded by Ayer to delay the setting of a date for a public hearing on 'the matter until the next regular meeting. Motion carried. 7. The following ordinance was presented: ORDINANCE NO. 71~15 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME ;VAS ADOPTED AS AN APPENDIX TO TH~ CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOTS 1, 2, 3, 4, 4.1, 5, 6, and 2.1, BLOCK 186 AS SHOWN THIS DATE ON THE OFFICIAL TAX ROLLS AND PLAT OF THE CITY OF DHNTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer that the ordinance be adopted. On roll call vote Ayer voted "aye;", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 8. The Director of Community Development presented Specific Use Permit S-32 for T. K. Hardy, D.V.M., the issuance of such a permit having been approved March 9, 1971. Motion was made by Chambers, seconded by Neu that the Specific Use Permit be approved and the Mayor authorized to sign. Motion carried. 9. Mayor Finlay read the following two proclamations: (A) '%;eteran's of Foreign Wars Annual Poppy Day," May 29th, 1971 (B) "Scouting Keep America Beautiful Day," June 5th, 1971. May 25, 1971 Continued 10. Dr. Mary Ev~ns of NTSU requested ground space in Fred Moore Park for location of a moveable type building for a residential instructional center, stating that the University has a grant to pay for 100% of the construction cost and 90% of the operational cost o~ the proposed project, Mrs. William Johnson, Parks Board Chairman, stated that the Parks Board had unanimously favored the request and Leonard Ehrler, Parks and Recreation Director, stated that this would be a good project for the park. Motion was made by Neu, seconded by Ramey to approve the use of the ground on a temporary basis. Motion carried. 11. The Council considered the proposed ,Lease Agreement between the City of Denton and Cauble Enterprizes, Inc. The City Manager briefed the Council on the contract and considerable discussion followed. Motion was made by Ayer, seconded by Chambers that the matter be tabled until the next regular meeting and to request that the Chairman of the Airport Advisory Board be present at this meeting. Motion carried. 12. The matter of extension of t~vo hour parking zones on both sides of East Hickory from Russell to Blount Street was presented to the Council by Bill Moore, Traffic Engineer. Motion was made by Ayer, seconded by Ramey to extend two hour parking on both sides of Hickory from Russell to Blount Street. Motion carried. 13. After hearing a report from the Director of Utilities, motion was made by Neu, seconded by Chambers that Change Order #1 to the Contract with General Electric Company for the Steam-Turbine portion of Unit #5 be approved in a net total deduction to contract of $1,420. Motion carried. 14. Following a briefing by the Director of Utilities, motion was made by Ramey~ seconded by Neu to authorize the purchase of four McGraw-Edison Pad-Mou~ted Underground Distribution Switching Devices from Priester Supply Company at an approximate cost of $1,120 per switch. Motion carried. 15. Following a briefing by the Director of Utilities, motion was made by Ayer, seconded by Neu to approve the purchase of the General Electric 400 Watt Lucalox fixtures for the lighting of Carroll Street project. Motion carried. 16. Mayor Pro Tem Neu, Chairman of the Nominating Committee, recommended Dr. Paul Young and Herman Herod for two year terms on the Denton Public Housing Authority. Motion was made by Neu, seconded by Ayer that Dr. Paul Young and Herman Herod be appointed to two year ter~s on the Denton Public Housing Authority, such terms to expire on June 30, 1973. Motion carried. MAYOR 4O6 Municipal Building June 8, 1971 Regular meeting of the City Cota~cil, City of Denton, Texas, Tuesday, June 8, 1971, at 7:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tern Neu, Councilmen Chambers, Ramey and Ayer; City Manager, Assista~t City Manager, City Attorney and City Secretary. 1. Motion was made by Neu, seconded by Chambers that the minutes of the regular meeting of May 25, 1971 be approved. Motion carried. 2. BIDS: (A) No. 71-7592 Meters and Allied Equipment Motion was made by Ramey, seconded by Neu that the bid be awarded as follows, as recommended by the City Manager: Cummins Supply Company awarded items 1, 2, 3, 5-155 17-20, 22-A, 22-B, 23-25, 27 and 29'. Westinghouse awarded[ item 16. Nelson Supply Company awarded item 21. On a draw bid, item number 4 was awarded to Temple and items 28-A-B-C- & D were awarded to Graybar Electric Company. Motion carried. (B) No. 71-7593 Power Poles Motion was made by Neu, seconded by Ayer that the bid be awarded to Cummins Supply Company, the ].ow bidder. Motion carried. (C) No. 71--7594 Transformers and Switches Motion was made by Neu, seconded by Ayer that a decision be tabled until the next regular meeting. Motion carried. 3. REFERRAL Motion was made by Neu, seconded by Ayer that the following three zoning petitions be referred to the Planning and Zoning Commission for its recormnendations: (A) Z-1116, the petition of Mr. James E. Frisby requesting that the zoning classification of lots 1, 2, and 3, Block 11 of the Owsley Park Addition be changed from the '~F-i" Multi-family classification to the "G.R." General Retail classification. The property in question is further described as being located at the corner of Bonnie Brae and Louise Street. (B) Z-1117, the petition of Mr. T. L. Caruthers requesting that the zoning classification of City Lots 1 and 3, Block 350 be changed from the "SF-7" Single family classification to the "G.R." General Retail classification. The property in question is further described as being located at -103 Stemmons. (C) Z-1118, the petition of Mr. Antone Raposa requesting that the zoning classification of City Lot 4, 5 and part of 6, Block 176-V be changed from the '~F-2" Multi-family classification to the "P.D." Planned Development classifi- cation. The property in question is further described as being located on the south side of Highway 24E. Motion carried. June 8, 1971 Continued 4. PUBLIC HEARINGS A public hearing was held on the petition of Mr. Harvey A. Thompson (Z01114) requesting that the zoning classification of part of City Lots 3 and 4, Block 1000 be changed from the "SF-10" Single family classification to the "2-F" Two family classification and the "MF-I" Multi-family classification. The property in question is further described as being located in the 2400 block of University Drive. The Council heard S proponents and 4 in opposition (statement by Mr. R. N. Hoke filed in packet number 4688). Motion was made by Chambers, seconded by Neu that the petition be approved as recon~nended' by the Planning and Zoning Conmission. Motion carried 4 to 1. 5. Harwell Shepard, Chairman of the Airport Advisory Board, appeared relative to a proposed Airport Lease Agreement with Rex Cauble. Shepard stated that Cauble, the proposed lessee and a member of the Airport Advisory Board, was not present when discussion occured relative to the proposed lease. Shepard added that the Board felt a need for jet service at the Airport and that most airports have more than one airport contract. He added that the design and size of the building to be constructed would be subject to City approval and that such buildings would revert to the City of Denton in 20 years. Councilman Ramey expressed appreciation to the Airport Advisory Board. After considerable discussion, motion was made by Neu, seconded by Ramey that the City enter into a Lease Agreement with Rex Cauble and that the Mayor be authorized to sign same. Motion carried. 6. The City Manager announced the employment of Dennis L. Peacock as the new City Planner, pointing out his education and professional experience background. 7. ORDINANCES: The following Ordinances were presented: (A) ORDINANCE NO. 71-16 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADDPTED AS AN APPENDIX TO THE CODE OF OtLDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOTS 11, 12 AND 13, BLOCK 171-D AS SHOWN THIS DATE ON THE OFFICIAL TAX ROLLS AND PLAT OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Neu that the Ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (B) ORDINANCE NO. 71-17 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS, BY PROVIDING ALTERNATE METHODS OF EXTENDING WATER AND SEWER MAINS AT DEVELOPERS COST, OR BY THE CITY, OR BY AN INDIVIDUAL; PROVIDING REIMBURSEMENT FOR CERTAIN EXTENSIONS; REQUIRING A FEE FOR TAPPING SUCH MAINS WHICH HAVE BEEN EXTENDED THEREUNDER; PROVIDING ALTERNATE CHARGES; PROVIDING FUNDING THEREFORE~ DEFINING CERTAIN TERMS; PROVIDING A PENALTY FOR VIOLATIONS; AND ESTABLISHING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Chambers that the Ordinance be adopted, with the effective date July 1, 1971. On roll call vote Ayer voted "aye", Chambers voted "Bye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. A motion was then made by Neu, seconded by Ramey that the existing pro- rata contract be extended for a period of 5 years from date of approval of the original lines on such contracts that are not yet terminated. Motion carried. 408 June 8, 1971 Continued (C) ORDINANCE NO. '71-18 AN ORDINANCE AMENDING ORDINANCE NO. 65-24 ADOPTED AUGUST 10, 196S, BEING AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ADDING A PROVISION TO ARTICLE 13.03 THEREOF; PROVIDING FOR CERTAIN BUILDING ACROSS LOT LINES; PROVIDING FOR A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer that the Ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". (D) ORDINANCE NO. '71-19 AN ORDINANCE AMENDING TH~ ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOTS 1 THROUGH 11, BLOCK, 8, LOTS 1 THROUGH 7, BLOCK 6, LOTS 1 THROUGH 6, BLOCK 3, AND LOTS 1 THROUGH 4, BLOCK 7 OF THE MEADOW OAKS 7tDDITION TO THE CITY OF DENTON, TEXAS~ AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Ayer that the Ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (E) ORDINANCE NO. '71-20 AN ORDINANCE CHANGING THE LEGAL MAXIMUM SPEED LIMITS ON PORTIONS OF NORTH LOCUST STREET AND CARROLL STREET; PROVIDING A PENALTY FOR VIOLATION THEREOF; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Ramey that the Ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (F) ORDINANCE NO. 71-21 AN ORDINANCE CHANGING THE NAME OF BEAUMONT, A PUBLIC STREET, TO CARROLL BOULEVARD, AFTER FINDING THAT THE PUBLIC CONVENIENCE WOULD BE BEST SERVED BY HAVING A MAJOR THOROUGHFARE BEAR THE SAME NAME THROUGHOUT ITS FULL LENGTH. Motion was made by Ramey, seconded by Chambers that the Ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. A motion was then made by Ayer, seconded by Neu that the Ordinance be amended to show effective date as August 1, 1971. Motion carried. (G) ORDINANCE NO. 71-22 AN ORDINANCE CHANGING THE NAME OF CENTER, A PUBLIC STREET, TO CARROLL BOULEVARD, AFTER FINDING THAT THE PUBLIC CONVENIENCE WOULD BE BEST SERVED BY I~AVING A MAJOR THOROUGHFARE BEAR THE SAM~ NAME THROUGHOUT ITS FULL LENGTH. Motion was made by Ayer, seconded by Chambers that the Ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. Motion was then made by Ramey, seconded by Neu to amend the Ordinance to show effective date as August 1, 1971. Motion carried. J~e 8, 1971 Continued (H) O~INANCE ~. 71- 23 AN O~INANCE P~HIBITING TWO-WAY VEHICULAR TRAFFIC ON THE PORTI~S OF EH ST~ET AND LOCUST STREET SI~ATED BEf~E~ ~IVE~I~ DRIVE AND ~NRY ST~ET, WHICH PORTI~S ARE FURTHER DESCRIB~ THE~IN IN F~L, ~TER FI~ING THAT THE PUBLIC S~E~ AND ~LFARE ~I~D O~-WAY THEreON; PROVIDING A PENAL~ FOR VIO~TI~S THE~OF; PROVIDING THE INSTAL~TION OF P~PER SIGNS AND MARKINGS; AND DECLARING AN EFFECTIVE DATE. Motion was mde by Ayer, seconded by Ramey that the Ordin~ce be adopted with ~ effective ~te of Au~st 1, 1971. ~ roll call vote ~er voted "~e", ~bers voted"~e", ~mey voted"~e", Neu voted"aye" ~d Finlay voted "~e". Motion carried. 8. Motion was mde by Neu, seconded by Ch~bers that a delay payment to J. L. Bertr~ Constmction Co~y be ~proved as recommended by the City M~ager in the ~ount of $1,368. Motion carried. After a brief~g by the City M~ager, the Director of Comm~ity Development ~d the Traffic ~gineer on the second ch~ge order on si~alization on Ca~oll Street Contract, motion was made by Neu, seconded by R~ey that the second ch~ge order which adopts pl~ B for si~alization on the Carroll Street Contract be ~proved. Motion carried. 10. Motion was ~de by Neu, seconded by Ch~bers to approve payment of stat~ents of Norswort~-Mercer, Inc. for the monks of March ~d~ril, 1971 in t~ ~ount of $23,845.07. ~tion carried. 11. Motion was ~de by R~ey, seconded by Neu to ~prove the T~ Adjustments Report for the month of ~y in the ~ount of $2,228.78. Motion carried. 12. ~ter a brief~g by the City Manager, motion was ~de by Neu, seconded by Ramey to~ndon Avenue H from W. Prairie south to the~Fouts Field parking lot, but to retain utility easements, ~d that the Mayor be aut~rized to si~ a ~it Claim Deed. Motion carried. 13. After a briefing by the City M~ager ~d the Director of Comm~ity Development, motion was ~de by R~ey, seconded by Neu to inst~ct the City Atto~ey to draw ~ ~propriate ordin~ce to abandon Old Hen~ Street, but retain utility easements, ~d authorizing the Mayor to sign a ~it Cla~ Deed. Motion carried. 14. After berg briefed by the Director of Comm~ity Development ~d the Traffic Eng~eer, motion was made by Neu, seconded by ~er to ~prove no pa~king on both sides of South Ruddell Street from East Hicko~ south. Motion carried. 15. After being briefed by Traffic Engineer, motion was made by Ch~bers, seconded by ~er to ~prove noparkin, g for both sides of Carroll Street and both sides of Hen~ Street. ~tion carried. 16. Motion was ~de by R~ey, seconded by Ch~bers that ~esd~, July 20 be set for the date of a ~blic hearing regarding area toll free calling as re~ested ~ General Telephone Co~y. Motion carried. Meeting adjou~ed at 11:35 p.m. N~IYOR 410 ~unicipal Building .June 1S, 1971 Special called meeting of the City Council, City of Denton, Texas, Tuesday, June 15, 1971, at 4:45 p.m., in the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tern Neu, Councilmen Ayer and Ramey; City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Councihnan Chambers 1. The following Resolutions were presented: (A) AT A SPECIAL ~ETING OF THE CITY COUNCIL OF THE CITY OF DF~NTON, TEXAS, HELD AT THE MUNICIPAL BU~IrLDING OF SAID CITY ON THE 15TH DAY OF JUNE, A.D. 1971. RE S 0 L UT I 0 N BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: that, the City Manager is hereby directed to cause a financial statement to be made upon which the bond issue described below may be commenced; and that, the City Attorney is hereby directed to prepare notices calling an election at the soonest possible time, on a Saturday, for the purpose of deciding the matter of issuing warrants or revenue bonds in the amount of $3,500,000.00 to construct a facility in the Civic (]enter area to house a post office and/or federal offices on a lease or lease purchase basis to finance same; and that, this resolution is evidence of the prior determination by this Council that such a facility is needed by, and would directly benefit, this community. PASSED AND APPROVED this the 1Sth day of June, A. D. 1971. Is~ ALEXANDER M. FINLAY, JR., MAYOR CITY OF DENTON, TEXAS A%TEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Neu, seconded by Ayer that the Resolution be adopted. On roll call vote Ramey voted "aye", Ayer voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. June 15, 1971 Continued (B) AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD AT THE MUNICIPAL BUILDING OF SAID CITY ON THE 15TH DAY OF JUNE, A.D. 1971. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That Alexander M. Finley, Jr., Mayor of the City of Denton, Texas, is hereby authorized to execute, on behalf of the City of Denton, as an official act of said City, any instrument or contract to commit the City of Denton to construct a post office and/or federal office building to be funded on a lease or lease purchase basis to amortize warrants or bonds issued therefore; and such a contract or agreement may be made with the newly created Post Office Corporation, with the General Services Administration, or with any division of the U.S.A., or jointly with any of them; and that It is the intent and purpose of this Resolution to provide a method of financing the proposed Federal Office and Post Office Building to be situated in the Denton Civic Center area, as designed by Killebrew, Rucker Associates, architects, or equivalent construction; and that Time is deemed of the essence as the City's master plan timetable includes the construction of this described facility as an integral part thereof. PASSED AND APPROVED this the 15th day of June, A.D. 1971. /s/ ALEXANDER M. FINLAY, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BILL NEU, MAYOR PRO TEM /s/ CITY OF DENTON, TEXAS BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS /s/ HUGH M. AYER, COUNCILMAN CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ /s/ HAROLD RAMEY, COUNCILMAN JACK Q. BARTON, CITY ATTORNEY CITY OF DI~Vi'ON, TEXAS CITY OF DENTON, TEXAS /s/ ROBERT W. CHAMBERS, COUNCILMAN CITY OF DENTON, TEXAS Motion was made by Neu, seconded by Ramey that the Resolution be adopted. On roll call vote Ayer voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. Meeting adjourned at 5 p.m. ~~ff~_~/~~, ~.,~. MAYOR Municipal Building June 22, 1971 Regular meeting of the City Council, City of Denton, Texas, ~uesday, June 22, 1971, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tern Neu, Councilmen Ayer and Chambers; Assistant City Manager, City Attorney and City Secretary ABSENT: Councilman Ramey and City Manager 1. Motion was made by Neu, seconded by Ayer that the minutes of the regular meeting of June 8, 1971 and the special called meeting of June 15, 1971 be approved. Motion carried. 2. BIDS (A) #71-7615 Sale of Used and Obsolete Transformers Motion was made by Neu, seconded by Chambers that items 4-8 be awarded to Arkansas Electric Cooperative and that the sale of items 1-3 be negotiated by the Purchasing Agent for not less than the price already bid. Motion carried. 3. PUBLIC HEARINGS (A) A public hearing was held on S-39, the petition of Mr. Gerald Stone requesting that a Specific Use Permit be granted to the Eleanor Green Dance Studio to erect a business sign on City Lot 1, Block 4015. The property in question is further described as being located at 529 Malone Street. After hearing one proponent and no opposition, and a recommendation of approval from the Planning and Zoning Commission, motion was made by Chambers, seconded by Neu that the Specific Use Permit be approved and that the City Attorney be directed to prepare the appropriate Specific Use Permit. Motion carried. (B) A public hearing was held on Z-1109, the petition of Mrs. D. Davis and Mrs. J. E. Smith requesting that the zoning classification of City Lots 2, 2.1, 3, Block 176 be changed from the "SF-7" Single Family classification to the '~F-I" Multi-family classification. The property in question is further described as being located at 1507 Mingo-Fishtrap Road. After hearing no proponents and no one in opposition, and a recommendation of approval from the Planning and Zoning Commission, motion was made by Ayer, seconded by Neu tlhat the petition be approved as recommended by the Planning and Zoning Commission, and the City Attorney be instructed to prepare an appropriate ordinance. Motion carried. 4. (A) Randy Henderson and Steve Addison appeared requesting authority to paint house numbers on city curbs. Motion was made by Neu, seconded by Chambers that the request be approved for a period of one year and that the City Attorney be instructed to draw up an appropriate Minute Order for signature by Randy Henderson and Steve Addison. Motion carried. (B)_ Cleo Harper requested that the presently required liability insurance be reduced for food handlers operating on public streets. Following a discussion, the Mayor advised Mr. Harper that the Council felt that the amount of liability now required was necessary for the welfare of the general public. June 22, 1971 Continued 5. The Mayor referred to a memorandum from the Director of Parks and Recreation stating that Mrs. William G. Woods had signed a contract for a lease of approximately 3.5 acres of land to the City to be used as a public park. The lease is for five (5) years with option to renew at the end of ~-- that time. The park is bordered by East Sycamore and the ~ew Dreamland Apartments on Ruddell. The park will be named M. C. Sheppard Park. The Mayor, in behalf of the Council commended and thanked Mrs. Woods for her timely and gracious offer and lease to her City. 6. The following Ordinance was presented: ORDINANCE NO. 71-24 AN ORDINANCE VACATING AND ABANDONING AS A PUBLIC STREET A CERTAIN PORTION OF OLD HENRY STREET LYING BETWEEN CARROLL BOULEVARI) AND BOLIVAR STREET, SAID PORTION BEING FURTHER DESCRIBED THEREIN IN FULL, AF%ER FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRES ITS CONTINIIED EXISTENCE AS A PUBLIC STREET; RETAINING CERTAIN UTILITY AND DRAINAGE RIGHTS THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Chambers that the Ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. A motion was then made by Ayer, seconded by Neu that the Mayor be _ authorized to sign the necessary Quit Claim Deeds. Motion carried. 7, The following Resolutions were presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DF~ON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 22ND DAY OF JUNE, A.D. 1971 RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The necessity of accelerating payments due under the current street and drainage bond program has been and is hereby determined, primarily due to advance completion dates of Carroll Boulevard, and delay in assessment repayments; THEREFORE, The Mayor of the City of Denton, Texas is hereby authorized to pledge the proceeds due the City of Denton under Assessment No. 6, and the assessment for University Drive West, and ' execute a note for the total thereof payable to the First State Bank of Denton, Texas, due one (1) year therefrom, bearing interest at four (4%) percent per annum; and such funds F-- shall be deposited into the street and drainage accounts of i the City to pay obligations arising therefrom. PASSED AND APPROVED THIS the 22nd day of June, A. D. 1971. /s/ ALEXANDER M. FINLAY, JR. MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS~ TO LEGAL FORM: JACK BARTON, Q~ CITY ATTORNEY CITY OF DENTON. Tq~,X'A,q 414 Juno 22, 1971 Continued Motion was made by Neu, soconded by Ayer that the Resolution be adopted. On roll call voto Ayer votod "aye", Chambers voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carriod. (B) -~, AT A P~GULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 22ND DAY OF JUNE, A. D. 1971. ~RESOLUTION BE IT P~SOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: Pursuant to the request of Texas Parks and Wildlife Department, the Addendum No. 1 to the Proj oct Agree- ment for Project No. 48-00141 between the State of Texas and the U. S. Department of the Interior, Bureau of Outdoor Recreation, is hereby approved, and Jim W. ~hite, City Manager, is authorized and ordered to execute same in behalf of the City of Denton, as an act of this Council; ~md a copy of said addend~ is at~ached to this resolution, and incorporated herein as if set forth in full in the body hereof, and it is the intent of this Council that it shall be bound by the terms thereof upon execution by the City Manager, the approval of the City Attorney having been given prior to the passage of this resolution, as sho~n below. PASSED AND APPROVED this the 22nd day of June, A. D. 1971. /s/ AL~R M. FINLAY, JRo MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Ayer, seconded by Chambers that the Resolution be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 8. BOARD APPOINTMENTS: Mayor Pro Tem Neu read the recommendations of the Nominating Committee for members of various boards and commissions. Motion was made by Neu, seconded by Ayer that the following citizens be appointed: 415 June 22, 1971 Continued AIRPORT ADVISORY BOARD PARKS AND RECREATION William C. Lindley 6-30-73 Mrs. Pat Cheek(new) 6-30-73 _ Dr. Harold Pierce 6-30-73 Clyde Wright 6-30-73 Rocky Jansen (new) 6-30-.73 Dr. F. W. Cothern 6-30-?3 BOARD OF ADJUSTMENT PLANNING AND ZONING W. D. Buttrill 6-30-73 Bob Manning 6-30-73 Harve Merrill (new) 6-30-73 Ethelyn Davis 6-30-73 Gene Gamble 6-30-73 Joe Jagoe-Alternate FLOW HOSPITAL BOARD OF MANAGERS BOARD OF EQUALIZATION Dr. Charles McAdams (new)10-10-73 ?~ Clayton Atkins 6-30-~72 ~ Garland Cates 6-~30-72 BUILDING CODE CO~ITTEE ~-~ Paden Neeley(new) 6-30-72 ~ Fred Reed 6-30-72 q-P Raymond Pitts-Alternate Tom Davis 6-30-72 CIVIL SERVICE CO~ISSION ELECTRIC CODE COMMIRTEE George Hopkins, Jr. 6-30-72 J.J. Higdon 6-30-72 Wayne Swick 6-30-72 W.F. Williams 6-30-72 Ray Stephens 6-30-72 Cliff Nobles 6-30-72 Bert Moore 6-30-72 LIBRARY BOARD Joe Nichols 6-30-72 Bill Thomas 6-30-73 Ex-Officio: Emmett Brown 6-30-73 Doug Blackburn Dr. Hugh Ayer 6-30-73 Olan Gray Dr. J. B. Culpepper 6-30-73 Jack McBride O. H. Bailey 6-30-73 Motion carried. 9. Mar~in Beleck requested that the Council rescind the 3% franchise tax for food handlers operating on public streets. Motion was made by Ayer, seconded by Chambers that the matter be tabled for further study. Motion carried. 10. Councilman Ayer, speaking in behalf of the Emily Fowler Library Board, requested authorization to establish an independent trust for the Library. Motion was made by Ayer, seconded by Neu to instruct the City Attorney to lend his assistance to the Library Board toward the establishment of an independent trust for the Emily Fowler Library. Motion carried. _ Meeting adjourned at 8 p.m. ~~/Jz~.~~ f~~ MAYOR 416 Municipal Building Regular meeting of the City Council, City of Denton, Texas, Tuesday, July 13, 1971, at 7:00 p.m., in the Council Chambers of the Municipal Building. PRESF3~T: Mayor Finlay, Mayor Pro Tern Neu, Councilmen Ayer and Ramey, City Manager, Assistant City Mar~ger, City Attorney and City Secretary. ABSENT: Councilman Chambers 1. Motion was made by Neu, seconded by Ayer that the minutes of the regular meeting of June 22, 1971 be approved. Motion carried. 2. BIDS: (A) #71-7594 Transformers After being briefed by the Director of Utilities, motion was made by Ramey, seconded by Neu that the bid be awarded as follows and that the staff negotiate the purchase of item 33, also that the Cummins Supply Company be designated as a back up bidder if necessary. Cummins Supply Co. - awarded items 1, 2, 3, 7, 8, 11, 12, 13, 14 and 16. Item 19 was awarded to Cummins on a draw bid. R.T.E. Company - awarded items 4, 5, 6, 9, 10, 15, 17 and 18 Graybar - awarded items 20, 24, 30 Priester Supply - awarded items 21, 22, 23, 25, 27, 28, 29, 31 and 34 Westinghouse - awarded items 32 and 26 Motion carried. (B) #71-7619 Pu]xch and Shear Iron Worker and Vices. Motion was made by Ayer, seconded by Neu that the bid be awarded to General Industrial Supply Company at a bid of $1,225, as recommended by the City Manager. Motion carried. (C) #71-7626 (~e year supply of printed envelopes Motion was made by Ramey, seconded by Neu that the bid be awarded to Tension Envelopes at a bid of $1,952.05, as recommended by the City Manager. Motion carried. 3. PUBLIC H~ARINGS (A) A public hearing was held on Z~ll13, the petition of Mr. Don Kluck, et al requesting that the zoning classification of part of City Block 187-1 be changed from the Agricultural classification to the "SF-10" Single family and "G.R." General Retail classifications. The property in question is further described as being located in the 1000 Block of North Loop 288. After hearing 1 proponent and no opposition and a recommendation of approval by the Planning and Zoning Commission, motion was made by Neu, seconded by Ramey that the petition be approved, as recommended by the Planning and Zoning Commission and that the City Attorney be directed to prepare an appropriate ordinance. Motion carried. July 13, 1971 Continued (B) A public hearing was held on Z-1116, the petition of Mr. Jsmes E. Frisby requesting that the zoning classification of Lots 1, 2, and 3, Block 11, of the Owsley Park Addition be changed from the '~4F-l" Multi-family classification to the ~!G.R." General Retail classification. The property in question is further described as being located at the corner of Bonnie Brae and Louise Street. After hearing 1 proponent and no opposition and a report of approval by the Planning and Zoning Commission, motion was made by Neu, seconded by Ayer that the petition be approved and the City Attorney be directed to prepare the appropriate ordinance. Motion carried. (C) A public hearing was held on 2-1117, the petition of Mr. T. L. Caruthers requesting that the zoning classification of City Lots 1 and 3, Block 350, be changed from the '"SF-7" Single family classification to the "G.R." General Retail classification. The property in question is further described as being located at 1103 Stemmons. After hearing 1 proponent and no oppositon and a report of approval from the Planning and Zoning Commission, motion was made by Ramey, seconded by Ayer to approve the petition and that the City Attorney be directed to prepare the appropriate ordinance. Motion carried. (D) A public hearing was held on Z-1118, the petition of Mr. Antone Raposa requesting that the zoning classification of City Lot 4, 5 and part of 6 Block 176-V be changed from the '~F-2" Multi-family classification to the "P.D." Planned Development classification. The property in question is further described as being located on the South side of Highway 24E. After hearing 1 proponent and no opposition and a report from the Planning and Zoning for approval, motion was made by Neu, seconded by Ayer that the petition be approved and that the City Attorney be directed to prepare the appropriate ordinance. MotiOn carried. (E) The Mayor opened a public hearing on the proposed extra-territorial jurisdiction agreement between the City of Denton and the Town of Corinth, represented by Shirley Peters, Attorney. Mayor Meadows, of Corinth, stated that the proposed agreement would be beneficial and help solve problems of both cities. It was pointed out that the Planning and Zoning Commission had recommended approval of this agreement. The Manager briefed the Council. No opponents were present. The following Ordinance was .~presented: ORDINANCE NO. 71-25 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A WRITTEN AGREt~ENT APPORTIONIN~ OVERLAPPING AREA OF EXTRATERRITORIAL JURISDICTION BETWEEN THE CITY OF DENTON, TEXAS, AND THE TOWN OF CORINTH, TEXAS, IN ACCORDANCE WITH THE MUNICIP/f~L ANNEXATION ACT; ~ DECLARING itN EFFECTIVE DATE. Motion was made by Ayer, seconded by Ramey that the Ordinance be adopted and the Mayor authorized to sign an agreement. On roll call vote, Ayer vot~d~r "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 4. Gene Gamble requested permission to mow, clean and use hay from a piece of p~operty .4 mile north of University Drive on the east side of Bonnie Brae. Motion was made by Neu, seconded by Ayer that ~4r. Gamble's request be approved to mow the 20 acre tract and to utilize the hay, as recommended by the City Manager. Motion carried. 418 July ].3, 1971 Continued 5. THE FOLLOWING ORDINANCES WERE PRESENTED: (A-I) ORDINANCE NO. 71~26 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOTS 3 AND 4 OF BLOCK 1000 AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ramey that the Ordinance be adopted. On roll call vote, Ramey voted "aye", Ayer voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (A-2) ORDINANCE NO. 71-27 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOTS 3 AND 4 OF BLOCK 1000 AS SHOWN THIS DATE ON THE OFFICIAL MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Neu that the Ordinance be adopted. On,roll call vote Ayer voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (B) Motion was made by Ayer, seconded by Ramey that the Zoning Ordinances for Joe Skites be tabled until the next regular meeting for a report on the utilities in the area. Motion carried. (C) ORDINANCE NO. 71-28 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOTS 2, 2.1 AND 3 OF BLOCK 176 AS SHOWN THIS DATE ON"THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTIGULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Neu that the Ordinance be adopted. On roll call vote Ramey voted "aye", Ayer voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (D) ORI)INANCE NO. 71-29 AN ORDINANCE PROHIBITING MOBILE SERVICE UNITS WITHIN THE CITY OF DENTON; DEFINING SAME; PRO,rIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ramey that the Ordinance be adopted. On roll call vote~ Ayer voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (E) ORDINANCE NO. 71-30 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS. Motion was made by Ayer, seconded by Ramey that the Ordinance. be adopted, on roll call vote Ayer voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. July 13, 1971 Continued 6. A construction agreement between the City of Denton and MKT Railroad _ for a crossing on Cook Street was discussed. M~tion was~made by Neu, seconded by Ramey that the agreement be approved and the Mayor be authorized to sign. Motion carried. 7. Dr. Allan B. Karstetter requested approval of a lease agreement between the City and the Denton Community Theater, Inc., for a five (5).year lease of the old City Hall Auditorium. Motion was made by Ayer, seconded by Neu that the agreement between the City of Denton and Denton Community Theater, Inc. be approved. Motion carried. (Lease agreement in packet #4690.) 8. ~arvin Beleck appeared relative to discontinuing the franchise tax on street vendors. The Mayor advised Mr. Beleck to send his statement to the City Secretary for distribution to the Council. 9. Motion was made by Ramey, seconded by Neu that the Tax Adjustments Report for the month of June, 1971 in the amount of $1,451.02 be approved. Motion carried. 10. The Director of Utilities briefed the Council relative to a mechanical contract for construction of unit #5 at the Steam Power Plant. Motion was made by Neu, seconded by Ramey that the mechanical contract be awarded to the Farrow Company at a low bid of $990,993. Motion carried. 11. Motion was made by Ramey, seconded by Neu that an agreement for maintenance and operation of safety lighting system with the Texas Highway Department on Interstate Highways within the municipality be approved and the Mayor be authorized to sign said agreement. Motion carried. 12. The City Manager made a request for authorization to name a staff member to take action to ration water in the City if such becomes~.necessary. He stated that the Water Plant was presently operating at an overload capacity and that if the present weather conditions continue an emergency causing the necessity for rationing could occur. Motion was made by Neu, seconded by Ayer that since an emergency does exist, to authorize the Director of Utilities to ration water if such action becomes necessary. Motion carried. Meeting adjourned at 9:20 p.m. ~~~~. MAYOR 420 ~unicipal Building July 20, 1971 Special meeting of the City Council, City of Denton, Texas, Tuesday, July 20, 1971, at 7:00 p.m., in the Council Ch~nbers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tern Neu, Councilmen Ayer, Ramey and Chambers; City Manager, Assistant City Manager and City Secretary. ABSENT: City Attorney 1. The Mayor opened a public hearing on the request of General Telephone Company to install extended area service (toll free calling) to the cities of Pilot Point and Lake Dallas. Ken Shaw, Division Manager of General Telephone, and John Allen of General's San Angelo Office presented information relative to the request. The following information was given to the Council after questions from the members of the Council and comments by citizens present: (A) The following are comparative rates ~o Pilot Point and Lake Dallas: Old Rate New Rate Business B1 $13.00 $14.45 1 party Business BX 1.75 1.75 £xtenslon Residential R1 6.15 6.65 1 party Residential R2 5.15 5.55 2 party Residential RX 1.25 1.25 Extension ~r~l RB 11.00 12.45 SlneSs Rural Pd~ 5.50 5.95 Residence (B) Calls from Denton to Pilot Point annually .... 25,340 Calls from Pilot Point to Denton annually .... 31,336 Calls from Denton to Lake Dallas annually .... 48,725 Calls from Lake Dallas to Denton annually .... 69,477 Approximate number of phones in Denton, '~ ~-_ ~In .c~.~ing~extens~t~n~ ......................... 23,500 - "~C) G~ner~l Telephone wtll have to make an investment of $250,585 to install extended area service. (D) Study shows that some users will phone six times to one if toll free calling is installed.. (E) One-third of Pilot Point calls were to Denton last year. (F) The Aubrey Reservoir area would be included if the site closest to Pilot Point is chosen for the reservoir. (G) Corinth, Shady Shores and Hickory Creek Park are included in the Lake Dallas exchange, but no exchange is included for Pilot Point. July 20, 1971 Continued Also speaking for the installation of extended area service was George Hall, Pilot Point City Council member, who stated that the Pilot Point Council had approved extended area service, and this service would be beneficial to businesses of Pilot Point and Denton. Speaking against the proposal were Mr. and Mrs. Ernest Wood, 1119 Kings Row, who stated that only 3% of the total calls from Denton go to Pilot Point, but everyone's rates will go up. "In fact, they would cost the citizens of Denton, collectively, $60,000 a year." A. D. Hartline, Jr., 1809 Linden, stated that he was against the proposal since it would increase his phone rate. Mrs. Richard Hampleman, 1400 Kendolph; stated that she had called Pilot Point and Lake Dallas no more than three times in many years, and she did not want to pay for other people's calls. J.S. Collinson, 2502 Royal Lane, asked if the decision could be for Lake Dallas or Pilot Point, not both, and that he was against toll free calling to Pilot Point. The Mayor closed the public hearing. Motion was made by Ayer, seconded by Chambers that the proposal be tabled for further study of information and objections expressed. Meeting Adjourned at 7:55 p.m. ~~.~i MAYOR Municipal Building July 27, 1971 Regular meeting of the City Council, City of Denton, Texas, Tuesday, July 27, 1971, at ? p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer and Chambers; City Manager, Assistant City Manager, City Attorney and City Secretary. ABSENT: Councilman Ramey 1. Motion was made by Neu, seconded by Ayer that the minutes of the regular meeting of July 13, 1971 and the special meeting of July 20, 1971 be approved. Motion carried. 2. Gerald Stone, Chairman of the Building Code Board, recommended approval of two ordinances, one adopting the new Uniform Building Code. The following ordinances were presented: 422 July 27, 1971 Continued (A) ORDINANCE NO. 71-31 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON BY ADOPTING THE UNIFORM BUILDING CODE, 1970 EDITION, VOLUME I AND VOLUME VI, WITH CERTAIN DELETIONS' AND AMENDMENTS; REPEALING THE SOUTHERN STANDARD BUILDING CODE; PROVIDING PENALTIES FOR VIOLATIONS OF THE NEW CODE; AND DECLARING AN EFFECTIVE DATE. Motion was made by Chambers, seconded by Neu that the Ordinance be adopted effective November 1, 1971. On roll call vote, Ayer voted "aye", Chambers voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (B) ORDINANCE No. 71-32 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, CREATING AND ESTABLISHING FIRE ZONES; REPEALING CONFLICTING PROVISIONS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Neu that the Ordinance be adopted effective November 1, 1971. On roll call vote, Ayer voted "aye", Chambers voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. Mayor Pro Tem Neu thanked the Building Code Board in behalf of the Council for their excellent work. 3. BIDS: (A) 71-7632 Street Paint & Supplies Motion was made by Ayer, seconded by Chambers that the bids be awarded as follows: Items 1 & 2 to Veped; Item 3 to be negotiated with Veped and Item 4 to Cataphote Corporation, as recommended by the City ~anager. Motion carried. (B) 71-7633 Street Signs & Equipment Motion was made by Neu, seconded by Chambers that the bid be awarded as follows, as recommended by the City Manager: Traffic Supply - awarded items 1-5, 7-12, 14-15 and 19~ Vulcan Sign - awarded items 6, 13, and 16 Veped Traffic - awarded items 17-18, 20-23 and 34 3 M - awarded items 24-33, 35-43 and 49-51, with items 44-48 to be negotiated with 3 M Motion carried. (C) 71-7636 1971 Station Wagon to replace equipment #260(Parks Dept.) and sale of wrecked station wagon. Motion was made by Neu, seconded by Ayer that item 1 be awarded to Banner Chevrolet at a bid of $3,766.03 and item 2 be awarded to Interstate Auto Salvage at a high bid of $418.00, as recommended by the City Manager. Motion carried. 4. THE FOLLOWING ORDINANC. ES WERE PRESENTED: (A) ORDINANCE NO. 71z33 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SA~ WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOTS 1 AND 3, BLOCK 350 AS SHOWN THIS DATE ON THE OFFICIAL TAX ROLLS AND PLAT OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Neu that the Ordinance be adopted. On roll call vote, Ayer voted "aye", Chambers voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 423 July 27, 1971 Continued (B) O~DINANC£ NO. 71-34 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOTS 1, 2, ~D 3, BLOCK 11, OF THE OWSLEY PARK ADDITION AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Chambers that the Ordinance be adopted. On roll call vote, Ayer voted "aye", Chambers voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (C-l) ORDINANCE NO. 71-35 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINiRNCE NO. 69-1, AS SAID MAP APPLIES TO CITY BLOCK 187-1 AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Chambers, seconded by Neu that the Ordinance be adopted. On roll call vote, Ayer voted "aye", Chambers voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (C-2) ORDINANCE NO. 71-36 .iN ORDINANCE i~4FJ~DING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY BLOCK 187-1 AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer that the Ordinance be adopted. On roll call vote, Chambers voted "aye", Ayer voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. S. The Council considered the matter of a proposed Flow Memorial Hospital Agreement. The Council also discussed the rems of the City and County appointees. Dr. Charles Saunders, Chairman of the Hospital Board, stated that the Board had accepted the contract and it was now in the hands of an attorney for review. Councilman Ayer made the following statement: "Flow Memorial Hospital must have financial support. It is simply inconceivable that a community of this nature and size could be without the services of a fully equipped and adequately financed hospital facility. In my judgement, it is unlikely that Flow will be financially self sustaining in the foreseeable future. It is only reasonable and logical that financial subsidization should be provided by the financially able members of its constituency. Therefore, the necessary financial support must come from the governmental agencies whose jurisdictions coincide with that of the hospital. In the absence of a hospital district, we must rely on existing taxing agencies--namely the county and/or city governments. After many months of study and negotiation, it has become apparent that the only available source of financial support--as well as the division of that support--which can be provided at this time is the one specified in the contract which we have before us. Thus, I shall vote for the approval of this contract. In doing so, however, I would like it to be clearly understood that I regard this contract as placing an unfair burden of financial responsibility upon the citizens of the City of Denton. In my judgement, the term city-county hospital is a misnomer. This hospital 424, July 27, 1971 Continued exists for the express purpose of serving all the citizens of Denton County, regardless of whether they live ins~-i-~e or outside the limits of Denton City. The people who live inside the city are just as surely citizens of the county as are those who live in the rural areas. They pay a major portion of the county taxes. It goes without saying that they pay all of the city taxes. Thus, to divide financial support of Fl-~Memorial Hospital on a 50-50 basis as between the city and county governments is, in effect, to tax the citizens of Denton City twice for the support of this facility. tt has been argued that the city citizens should bear a larger proportion of the cost because the hospital is more convenient to them. There is a grain of truth in this argument, but in this age of modern transportation and communication it is a very small grain. It has also been argued that the rural citizens of Denton County contribute much to the support of the city through the payment of sales taxes and other miscellaneous contributions. Here, perhaps, we have another small grain of truth. It is equally true that the citizens of Denton City provide many facilities for the use of rural residents. Included in this category would be such things as city streets and city parks. In my judgement all such arguments are largely irrelevant. These kinds of things tend to average out. The fact of the matter is that city and rural - residents constitute integral parts of a common economic system. They are mutually dependent upon one another. I am willing to concede, however, that the citizens of the city should assume a slightly disproportionate share of the cost of supporting Flow Hospital. The question in my mind is just how disproportionate a share this should be, and I maintain that the share we are agreeing to ass~ne is ~disproportionate. Let me cite some figures to support this point of view. The budget submitted tu us by the hospital board indicates a need of $310,000 for fiscal 71-72. According to the proposed contract the city government will contribute one-half of this amount, or $155,000. Thus, on a per capita basis, the 40,000 citizens of Denton will be paying $3.87 through their city government for the support of the hospital. Inllike manner the county government will contribute $155,000, and the 76,000 citizens of Denton County will be contributing at the rate of $2.03 per capita for the support of the hospital. Remember, however, that 40,000 of the 76,000 county residents live inside the city of Denton. Thus, on a per capita basis the citizens O~ Denton will be contributing $3.87 plus $2.03, or a total of $5.90 per capita--as compared with $2.03 per capita ~6r the non-Denton city residents. Even under a 25-75 split, which I proposed during recent negotiations with county officials, the citizens of Denton City would contribute at the rate of $4.99 per capita as compared with $3.05 per capita for non-city residents. It may be that the citizens of Denton City are able and willing to contribute to the hospital at the rate of almost 3 to 1 as co~pared with their rural neighbors. If this is so, I congratulate them upon their affluence and generosity. If upon further reflection they find that they are not willing to do so, then I would remind them that they constitute nmre than 50% of the total county population, that they probably pay considerably more then 50% of the county taxes, and that they have the potential to cast more than 50% of the votes in any county election." July 27, 1971 Continued Motion was made by Neu, seconded by Ayer that the one year contract be approved and that the terms of the City appointees be as follows, with the appointments to begin on October 1, 1971: Dr. Charles Saunders ..... term to expire 10-1-73 Dr. John Carter .......... term to expire 10-1-72 Dr. Charles McAdams ...... term to expire 10-1-73 Motion carried. 6. The Council reviewed the By-Laws of the Board of Directors of Flow Memorial Hospital, and after considerable discussion, motion was made by Neu, seconded by Chambers that the By-Laws be adopted. Motion carried. 7. Motion was made by Neu, seconded by Ayer to authorize the final payment of $173,362.46 to Jagoe-Public Construction Company for Assessment Project #6. Motion carried. (The total expenditure for this project amounts to $661,936.49) 8. The Council discussed the proposed concession contract with the Hi-Noon Lions Club. It was pointed out that the Lions Club intends to purchase a portable stage for the Parks Department with profits derived from concessions in various city parks during the summer season. Motion was made by Neu, seconded by Chambers to extend the contract through the 1976 summer season. Motion carried. 9. The following Ordinance was presented: ORDINANCE NO. 71-37 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $155,000.00 DOLLARS OF CITY OF DENTON WARRANTS, S£RIF~S 1971; LEVYING A TAX TO PAY THE PRINCIPAL AND INTEREST THEREOF; PROVIDING FOR TH~ METHOD OF THE ~XECUTION, ISSUANCE AND DELIVERY THEREOF; AND ORDAINING OTHER MATTERS RELATING TO THE SU~CT. Motion was made by Neu, seconded by Chambers that the Ordinance be adopted. On roll call vote, Ayer voted "aye", Chambers voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. ~Ieeting adjourned at 8:45 p.m. MAYOR 426 ?.lunicipal Building August 11, 1971 Special meeting of the City Cou~cil, City of De~{on, Texas, Wednesday, August 11, 1971, at 11:4S a.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Pro Tern Neu, Co%mcilmen Chambers and Ramey; City Manager, Assistant City Manager, Assistant City Attorney, Administrative Assistant and Administrative Aide and Secretary. ABSENT: Mayor Finlay and Councilman Ayer-present for item 8 only. 1. Motion was made by Cha~nbers, seconded by Ramey that the minutes of the meeting of July 2?, 1971 be approved. Motion carried. 2. REFERRALS: Motion was made by Ramey, seconded by Chambers that the following four zoning petitions be referred to the Planning and Zoning Commission for its recommendations: Motion carried. (A) Z-1119, the petition of Mr. L. L. McAnnich requesting that the zoning classification of City Lots S, 6, 7, and 8, Block 147 be changed from the '~F-i" Multi-family classification to the "N.S." Neighborhood Service classification. The property in question is further described as being located at the intersection of Bell and Texas Street, NE quadrant. (B) Z-1120, the petition of Mr. L. L. McAnnich requesting that the zoning classification of City Lot 1, and part of Lot 2, Block 134, be changed from the "SF-7" Single family classification to the "N.S." Neighborhood Service classification. The property in question is further described as being located east of North Locust and northwest of College Park Drive. (C) Z-1121, the petition of Mr. James C. Storrie requesting that the zoning classification of Lot 6, ?, and 8, Block C of the Spring Valley Addition be changed from the "SF-?" Single family classification to the "0" Office classification. The property in question is further described as being located north of Highway 24E near a point of intersection of Loop 288 and Highway 24. (D) Z-1122, the petition of Mr. Jack Bowden requesting that the zoning classification of Block 438, Lot 10, of the replatted portion of the T. N. Skiles Subdivision be chm~ged from the "SF-7" Single family classification to the "P" Parking classification. The property in question is further described as being located on Carroll Street. 3. Mr. Ed Titsworth dba Tit~s~h Lumber Company, 2414 N. Elm, appeared before the Council in opposition ~cq t~h~ ~tension of the one way traffic north of University Drive to Henry Streef on N~: .Elm and N. Locust. He stated that the one way flow of traffic prevented easy access to the businesses in the locale and requested that the council reverse its decision. Councilman Ramey suggested that the city staff review and study this section and prepare a brief for the Council of the over-all working of the one way traffic flow. 4. The following Ordinance was presented: OPd)INANCE NO. 71-38 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS. Motion was made by Chambers, seconded by Ramey that the ordinance be adopted. On roll call vote Chambers voted "aye", Ramey voted "aye" and Neu voted "aye". Motion carried. August 11, 1971 Continued 5. Motion was made by Ramey, seconded by Chambers that the Tax Adjustment Report for the month of July, 1971, in the amount of $1,868.99 be approved. 6. A letter from General Telephone Company was presented to the City Council giving the number of telephone connections and installations in the City, as requested by the City Council at the time of the public hearing. After discussion, motion was made by Chambers, seconded by Ramey that the request for extended area service be placed on the agenda for the next regular meeting. Motion carried. 7. The Council reviewed the proposed North Central Texas Council of Govern- ments' Solid Waste Study for the region. A letter from Judge Tom Todd indicated Denton County's share at $4,800, and proposed that 50% of this cost be shared by cities within the County. This sum would be Denton County's local share cost with Federal funds administered through the Conncil of Governments. Motion was made by Ramey, seconded by Chambers that the City of Denton participate in this program and appropriate funds in the amount of $1,500 toward this study. Motion carried. 8. The City Manager requested permission to advertise for bids for the sale of Sunset Plaza, which was purchased in conjunction with the Carroll Street Project and is no longer needed by the City. Motion was made by Ramey, seconded by Chambers that the City advertise for bids for the sale of Sunset Plaza, as recommended by the City Manager. Motion carried. Meeting adjourned at 12:30 p.m. ~~.~~ MAYOR MUNICIPAL BUILDING August 21, 1971 Special meeting of the City Council of the City of Denton, Texas, August 21, 1971, at 4:00 p.m. in the Municipal Building, called by the Mayor ProTem, acting in the Mayors absence. PRESENT: M~yor Pro Tem Neu, Councilmen ~Mambers,and Ramey, City Attorney and Director of Community Development. Visitor Present: Mike Whitten 1. After discussing the matter of a probable incorporation of an area situated southwest of the City of Denton, and west of the Town of Argyle, it was determined that an emergency existed which justified immediate action in order to delay such incorporation so that the Cities of Denton and Argyle could decide their respective ~uture expansions in connection with the Extra-territorial Agreement by and between said Cities. August 21, 1971 Continued 2. Motion was made by Ramey, seconded by Chambers that a public hearing be held by the City Council at 7:00 p.m. Tuesday, the 7th day of September, 1971, in the auditorium of the Municipal Building to hear all persons interested in the matter of annexing a strip 1,000 feet wide, continuing the corporate l~nits ,-- a distance of two (2) miles along each side of interstate highway 35W. This proposed extension would cause Denton's extra-territorial jurisdiction to include the area of the proposed incorporation, provided that proceedings therefore had not been commenced by filing the petition for incorporation. Motion carried. The City staff was instructed to act accordingly. Meeting adjourned at 4:55 p.m. F~R~SHOLT, CITY ~ECRETARY MUN[[CIPAL BUILDING August 24, 1971 Regular meeting of the 'Dity Co~uncil,~Ci~y of Denton, Texas, Tuesday, August 24, 1971, at 7:00 p.m., in the Cou~c{i'~a~b~s of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer, Chambers and Ramey; City Manager, Assistant City ~nager, City Attorney and City Secretary. 1. Motion was made by Neu, seconded by Chambers that the minutes of the regular meeting of August 11, 1971 be approved. Motion carried. 2. BIDS: (A) #71-7641 Gasoline, Oil and Diesel Fuel Motion was made by ~mey, seconded by Ayer that the bid be awarded as follows, as recon~nended by the City Manager: Caruthers Oil Compan__yawarded items 2 and 8 Gulf Oil Company awarded items 1, 4, 5 and 9 Continental Oil Company awarded items 3, 6 and ? Motion carried. (B) #71-7650 Junk and Obsolete Water Meters Motion was made by Neu, seconded by Chambers that the bid be awarded as follows, as recommended by ti~e City Manager: Southwest Meter Company awarded items 1, 2 and 3 Fulton Supply Company awarded items 4, 5 and 6 Motion carried. August 24, 1971 Continued 3. FOR REFERRAL: Motion was made by Ayer, seconded by Ramey that the following three petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z--123, the petition of Mr. Zeke Martin requesting that the zoning classification of City Lot 11, Block 3031-C be changed from the Agricultural classification to the "2F" Two family elassification. The Property in question is further desc~ibed as being located at 1720 Bonnie Brae. (B) Z-1124, the petition of Mr. Zeke Martin requesting that the zoning classification of City Lot 27, Block 272 be changed from the "SF-5" Single family classification to the "G.R." General Retail classification. The property in question is further described as being located at 1124 W. Mulberry. (C) Z-1126, the request of First State Bank for air easements of certain streets. Motion carried. 4. VISITOR: Dean Shank, representing the American Automobile Association, presented a plaque to the City of Denton, a pedestrian safety citation for a record of no pedestrian deaths within the corporate limits of the City. The plaque indicated a seven year achievement in this area. Mayor Finlay thanked Mr. Shank and the AAA in behalf of the City of Denton, T 5. PUBLIC HEARINGS: (A) A public hearing was held on S-42, the petition of Mr. Charles Mulkey requesting that a Specific Use Permit be granted to him for the operation of a day nursery on City Lot 2, Block 187-B. The proposed day nursery will occupy an existing house on this property which now faces East McKinney. After hearing one proponent and no opposition, motion was made by Neu, seconded by Ayer that the petition be approved, subject to the following conditions, as recon~ended by the Planning and Zoning Commission: (1) When enrollment passes 50, traffic will have to be opened to Mockingbird Lane. (2) The driveway and parking area must be dust free. (3) One year time limit for developing. (4) A specific use permit shall not be prepared and presented to the Council for the Mayor's signature until such time as Mr. Malkey has obtained state approval for this use and further that the existing dwelling be made to comply with the City Building, Plumbing and Electrical Codes. Motion carried. 6. THE FOLLOWING ORDIN~CES WERE PRESENTED: (A) ORDINANCE NO. 71-39 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN LOTS IN THE MACK ADDITION TO THE CITY OF DENTON, TEXAS, AS SHOI~THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Chambers that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. August 24, 1971 Continued (B) ORDINANCE NO. 71-40 AN ORDINANCE A~NDING TH~ ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS A~OPTED AS AN APPENDIX TO TF~ CODE OF ORDINANCES OF TH~ CITY OF DENTON, TF~XAS, BY ORDINANCE NO. 69-1, AND AS SAID ~v~p APPLIES TO CERTAIN LOTS IN THE MACK ADDITION TO THE CITY OF DENTON, TEXAS, AS SHOWN THIS DATE ON TH~ OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Chambers, seconded by Neu that the ordinance be adopted. On roll call vote Chambers voted "aye", Ayer voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (C) ORDINANCE NO. 71-41 AN ORDINANCE AM~ING THE ZONING MAP OF TH~ CITY OF DENTON, TEXAS, AS SAM~ WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN LOTS IN THE MACK ADDITION TO THE CITY OF DENTON, TEXAS, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Neu that the ordinance be adopted. On roll call vote Ramey voted "aye", Chambers voted "aye", Ayer voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (D) ORDINANCE NO. 71-42 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT 1, BLOCK 1 OF THE ADKISSON ADDITION TO THE CITY OF DF~ON, TEXAS, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Ramey that the ordinance be adopted. On roll call vote Ch~nbers voted "aye", Ramey voted "aye", Ayer voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (E) ORDINANCE NO. '71-43 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT 2, BLOCK 1 OF THE ADKISSON ADDITION TO THE CITY OF DENTON, TEXAS, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICIIgARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ramey that the ordinance be adopted. On roll call vote Chmnbers voted "aye", Ramey voted "aye", Ayer voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. ?. Motion was made by Ayer, seconded by Neu to authorize the City Attorney to prepare the necessary legal papers to cremate bonds that were redeemed prior to August 16, 19~9. Motion carried. 8. Following comments by each Councilman with reasons for not approving the request of General Telephone Company, motion was made by Neu, seconded by Ayer that the request of General Telephone Company for extended area service to Pilot Point and Lake Dallas be denied. Motion carried. 43!! August 24, 1971 Continued 9. Motion was made by Chambers, seconded by Neu to authorize payment of statement from Nor~worthy-Mercer, Inc. for the months of May, June and July, 1971 in the total amou2t of $3,683.61. Motion carried. 10 Following a briefing by the Director of Utilities, motion was made by Ramey, seconded by Ayer to authorize the final payment to E. E. Farrow Conrpany in the amount of $21,612.62 for substation construction for unit #5 addition to the Steam Power Plant. Motion carried. 11. Following a briefing by the City Manager in which he related the background of an agreement between the City and Dr. Dick]e that the City would relinquish claim to the property involved when the old sewer plant was abandoned, motion was made by Neu, seconded by Ayer to approve a Quit Claim Deed to Dr. Alex Dickie, but retaining certain easements, and to authorize the Mayor to sign same. Motion carried. Meeting adjourned at 7:55 p.m. /~ ~' MUNICIPAL BUILDING SEPTEMBER 14, 1971 Regular meeting of the City Council, City of Denton, Texas, Tuesday, September 14, 1971, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer, Chambers and Ramey; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Neu, seconded by Chambers that the minutes of the special meeting of August 21, 1971 and the regular meeting of August 24, 1971 be approved. Motion carried. 2. BIDS: (A) Water Meters For Fiscal Year 1971-72 Motion was made by Ramey, seconded by Ayer that the bid be awarded as follows as recommended by the City Manager: Items 1, 2, 3 & 4 to Bowles and Eden Items 5, 6 & ~ to Hersey Meter Company Item 8 to Sparling Meter Company Motion carried. (B) Sale of Sunset Plaza Property Motion was made by Ayer, seconded by Ramey that the bid be awarded to Denton Federal Savings and Loan at a high bid of $108,050. Motion carried. 432 September 14, 1971 Continued 3. PUBLIC HEARINGS: (A) A public hearing was held on Z-1119, the appeal of Mr. L. L. McAnnich requesting that the zoning classification of City Lots 5, 6, 7 and 8, Block 147 be changed from the "MF~I" Multi-family classification to the "N.S." N~ighborhood Service classification. The property in question is further described as being located at 'the intersection of Bell and Texas Street, NE quadrant. After hearing two proponents and six in opposition, including two representatives from TWU and a report from the Planning and Zoning Commission, motion was made by Ramey, seconded by Neu that the appeal be denied as recommended by the Planning and Zoning Commission. Motion carried. (B) A public hearing was held on Z-1120, the appeal of Mr. L. L. McAnnich requesting that the zoning classification of City Lot 1 and part of Lot 2, Block 134 be changed from the "SF-7" Single family classification to the "N.S." Neighborhood Service classification. The property in question is further described as being located east of North Locust and northwest of College Park Drive. After hearing three proponents and eight opponents and a report from the Planning and Zoning Commission, motion was made by Chambers, seconded by Ayer that the appeal be denied as recommended by the Planning and Zoning Commission. Motion carried. (The Mayor suggested that a 'study of traffic at North Locust and Peach streets be made by the City staff.) (C) A public hearing was held on Z-1121, the petition of Mr. James C. Storrie requesting that the zoning classification of Lots 6, 7 and 8, Block C of the Spring Valley Addition be changed from the "SF-7" Single Family classification to the "0" Office classification. The property in question is further described as being located north of Highway 24E near a point of intersect- ion of Loop 288 and Highway 24. After hearing one proponent and no opposition and a report from the Planning and Zoning Commission, motion was made by Ayer, seconded by Neu that the petition be approved as recommended by the Planning and Zoning Commission. Motion carried. (D) A public hearing was held on Z-1122, the petition of Mr. Jack Bowden requesting that the zoning classification of Block 438, Lot 10 of the replatted portion of the T. N. Skiles Subdivision be changed from the "SF-7" Single Family classification to th~ "P~ Parking classification. The property in question is further described as being located on Carroll Boulevard. After hearing one proponent and no opposition and a report from the Planning and Zoning Commission, motion was made by Neu, seconded by Ramey that the petition be approved as recommended by the Planning and Zoning Commission. Motion carried. 4. The Mayor recognized the President of the Denton Civitan Club, Bill Williamson, who stated that club members were visiting the Council as interested citizens in the activities of Municipal Government. 5. W.E. Woods asked that he not be required to pay the assessed amount of $1,280.50 for paving by his property on the west side of Duncan Street between Dallas Drive and Morse Street. The property is further described as Lot 5 Block 236. The Mayor advised Mr. Woods that he would refer the matter to the City Attorney for his opinion as to what action the Council could legally take. 433 September 14, 1971 Continued 6. Motion was made by Ramey, seconded by Chambers that the Tax Adjustment Report for the month of August, 1971, in the amount of $1,363.25 as submitted by Hugh Mixon, Tax Assessor-Collector, be approved. Motion carried. 7. RESOLUTION: Since an emergency existed, the following resolution was presented after a briefing by the City Manager: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE ~4th DAY OF SEPTEMBER, A. D. 1971. RESOLUTION THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: That Alexander M. Finlay, Jr., Mayor of the City of Denton, Texas, is hereby authorized to sign that certain Supplemental Watershed Work Plan Agreement between said City, the State of Texas, and the Soil Conservation Service, United States Department of Agricultur, same being a supplement to the Watershed Work Plan Agreement for the Hickory Creek Watershed, State of Texas, executed by the same parties, effective on the 7th day of June, 1968. PASSED AND APPROVED this the 14th day of September, A. D. 1971 /s/ ALEXANDER M. FINLAY, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Neu, seconded by Ayer that since an emergency did exist that the resolution be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. Meeting adjourned at 9:20 p.m. MAYOR 434 MUNICIPAL BUILDING SEPTEMBER 20, 1971 Special meeting of the City Council, City of Denton, Texas, Monday, September 20, 1971, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer, Chambers and Ramey; City Manager, Assistant City Manager, City Attorney and City Secretary. (Also present were two interested citizens, two representatives of the printed media and several members of the City Staff.) 1. PUBLIC HEARING ON 1971--72 MUNICIPAL BUDGET The Mayor opened a public hearing on the 1971-72 Municipal Budget. At the request of the Mayor, the City Manager reviewed his 1971-72 budget message. The Mayor asked if any citizen present had questions or statements relative to the proposed budget. There was no response. The Mayor then asked if Council members had questions or comments relative to the proposed budget. Councilman Ramey inquired if funds were included in the proposed budget for lighting of City Parks. Manager White--Funds have not been allocated for this purpose, and many other items had to be deleted because of the bare necessity budget that was pre- pared. He added that $900,000 had been cut from City department requests. He expressed concern relative to the ability of the City to pay its share of the cost of collector streets in subdivisions under the proposed budget. Councilman Ramey--Noted the decrease of $45,000 from the Health and Sanitation Department. Manager White,-Last fiscal year the City purchased metal garbage containers at a cost of $45,000 but such a purchase, was not included in this budget. Councilman Ramey--Are 'there plans to increase the personnel at the Animal Control Shelter to better enforce the leash law? Manager White--No, although the Department is under staffed. We also need additional personnel and equipment for the Fire Department. Councilman Ramey--It is obvious that the City Manager has done an excellent job under very trying circumstances. Councilman Chambers--Expressed concern for the low pay of some City employees, adding that this low pay situation should be alleviated as soon as possible. Manager White--The wage situation is not good and problems have resulted. The Water and ~ewer departments had a t~n over of forty men in six months. Councilman Chambers--How many workers are in a low wage category in the Sanitation and Water and Sewer Departments? Manager White--There are 140 to 160. The City cannot alleviate the problem until after the freeze is terminated and funds are available. Mayor Pro Tem Neu--Have recent acts of the State Legislature had any affect on the City's financial status? Manager. ~hi~e~ r workmens compensation, liability insurance under the To~'~s C~tq?~¥~raises for Fire and Police Departments under the State Civil Service act have caused additional expenditures. Councilman Ayer--We know ~hat the City has a definite need for adequate warehousing. Will there be funds in the proposed budget for this purpose? September 20, 1971 Continued Manager White--The cost of a new warehouse would be approximately $400,000, and bond funds would be necessary to finance it. The Mayor inquired again if there was anyone in the audience who desired to speak on any aspect of the 1971-72 Municipal Budget, No one responded. 2. APPROVE FLOW HOSPITAL EXPeNDitURE The Mayor asked if the City should agree to provide $112,700 in the next fiscal year for Flow Hospital, with the County of Denton contributing the same amount? Councilman Ramey stated that he was particularly interested ~n Denton's hospital facilities and could not comprehend the City of Denton not having the very best facilities, adding that he felt that Flow Hospital's problems were gradually being alleviated and public support was increasing. Motion was made by Ramey, seconded by Neu that an expenditure for Flow Hospital in the amount of $112,700 be approved. Motion carried. Motion was made by Neu, seconded by Chambers that the 1971-72 budget be amended by $112,700 as an e~penditure for Flow Hospital. Motion carried. 3. ORDINANCE ADOPTING BUDGET AND SETTING TAX RATE The Council began discussion of the budget ordinance. The Manager advi. sed that each one cent increase in the tax provided $8,348 in revenue and that a fifteen cent tax increase would produce the amount approved for Flow Hospital, based on 94% collection. The Mayor inquired as to any raise ~r City employees in the proposed budget. The Manager stated that a raise was not included because of the freeze and the cost of a general 5% raise. Mayor Pro Tem Neu suggested that the Manager be provided with a budget cushion and suggested that a tax increase should be at least 20 cents. Councilman Chambers ~tated that a ~0 cent increase on the one hundred dollar valuation would amount to approximately $8.00 per year more tax on each $10,000 valuation. The following ordinance was presented: ORDINANCE NO. 71-44 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR~ BEGINNING ON OCTOBER 1, 1971, AND ENDING ON SEPTEMBER 30, 1972; REVISING THE BUDGET FOR THE PRECEDING FISCAL YEAR ENDING ON SEPTEMBER 30, 1971; LEVYING TAXES FOR THE YEAR ~971 TO BE ASSESSED ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE CITYiOF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. Motion was made by neu, seconded by Ramey to adopt the budget ordinance for 1971-72 as amended and to set the tax rate therein at $1.70 per one hundred dollar valuation with the following allocations: (a) For the General Fund Allocation on the $100.00 valuation ...... ~ ........................ $ .8285 (b) For the Interest and Redemption Funds on out- standing bonded indebtedness on the $100.00 valuation ....................................... $ .8715 Total Allocation of Levy ..... $ 1.70 436 September' 20, 1971 Continued On roll call vote Ayer voted "aye", Ramey voted "aye", Chambers voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. Meeting adjourned at 8 p.m.~4~~ ~'' ~/~'f~c~.~ MUNICIPAL BUILDING September 28, 1971 Regular meeting of the City Council of the City of Denton, Texas, Tuesday, September 28, 1971, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer, Chambers and Ramey; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Neu, seconded by Chambers that the minutes of the regular meeting of September 14, 1971 and the minutes of the special meeting of September 20, 1971 be approved. Motion carried. 2. BIDS: (A) Blue Print Machine Motion was made by Ramey, seconded by Ayer that the bid be awarded to L. L. Ridgeway Enterprises, Inc. in the amount of $4,180. Motion carried. 3. REFERRAL: Motion was made by Ayer, seconded by Neu that the following five petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1127, the petition of Mr. Hoyt G. Wilson requesting that the zoning classification of the front portion of City Lot 53, Block 274 be changed from the "MF-I" Multi-family classification to the "N.S." N6~ghborhood Service classification. The property in question is further described as being the first building in the northern most part of the Dreamland Apartment complex that faces Ruddell Street entrance. (B) Z-1128, the petition of Mr. W. D. Barrow requesting that the zoning classification of City Lot 12 & 13, Block 108 be bhanged from the "MF-I" Multi-family classification to the "G.R." General Retail classification. The property in question is further described as being located in the northeast quadrant of North Locust Street and Hann Street and as being 143' x 150' in area. (C) Z-1129, the petition of the Down Development Company requesting that the zoning classification of part of City Lot 1, Block 135C be changed from the Agricultural zoning classification to the "SF-7" Single family classification. The property in question is further described as being all the land east of Bell Avenue and south of Windsor Drive owned by Down Development Company and east Q~[~ ~¢kia~d5~O.f~§hn~eh~ol. The said property measures 129 feet east and west, and 520 feet north and south. 427 September 28, 1971 Continued (D) Z-1130, the petition of Donald Kerr requesting that a part of the Samuel McCracken Survey, situated north of Kings Row Drive, east of Sherman Drive (Highway 10), and south of Marylee Road be annexed into the City of Denton and the zoning classification be changed from the Agricultural classification to the Planned Development classification contigent upon annexation. The property in question i! further described as being approximately 159 acres contiguous with and adjacent to the existing north City. limits of the City of Denton. (E) Z-1131, the petition of Mr. L. A. Nelson requesting that the zoning classification of City Lots 6, 7, 8, 9, 10.1, 10.2, 10.3, 10.4, 11 and 12 of City Block 475 in the Carroll Park Addition be changed from the "MF-I" Multi- family classification to the "G.R." General Retail classification. The property in question is further described as being located on Carroll Street between West Oak and Pearl. Motion carried. 4. THE FOLLOWING ORDINANCE~ WERE PRESENTED: (A) ORDINANCE NO. 71-45 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOTS 6, 7, & 8, B~OCK C OF THE SPRING VALLEY ADDITION TO THE CITY OF DENTON, TEXAS, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ramey that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (B) ORDINANCE NO. 71-46 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT 10 OF THE REPLATTED PORTION OF THE T. N. SKILES SUBDIVISION AN ADDITION TO THE CITY OF DENTON, TEXAS, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Chambers, seconded by Neu that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye", and Finlay voted "aye". Motion carried. (C) ORDINANCE NO. 71-47 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS. Motion was made by Ramey, seconded by Ayer that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Fin&&y voted "aye". Motion carried. 5. The Mayor read a proclamation relative to the Annual TWU Gold Rush Carnival. 6. Mrs. Meridon Garner, 1804 Creek, requested that an ordinance be passed requiring fences around swimming pools in the City of Denton. The Mayor stated that the matter would be referred to the City Staff for study. 438 September 28, 1971 Continued 7. The Manager briefed the Council relative to final payment to J. L. Bertram Construction Company, excluding electrical and signalization work, for construction of Carroll Boulevard, Henry and Parkway Streets. Motion was made by Neu~ seconded by Chambers that final payment be made to Bertram, excluding electrical and signalization work, in the amount of $104,983.68. Motion carried. 8. The Council considered the awarding of a contract for electrical construc- tion for the expansion of the Steam Power Plant. The Council was briefed by the Director of Utilities. Motion was made by Ayer, seconded by Ramey that the bid for electrical construction at the Steam Power Plant be awarded to the Empire Electric Company, Inc. at a low bid of $342,542, as recommended by Black and Veatch and approved by the Public Utilities Board. Motion carried. 9. After being briefed by the Director of Utilities, motion was made by Neu, seconded by Ramey to authorize the City staff to advertise for bids for a two million gallon water storage ~acility at the Water Treatment Plant. Motion carried. 10. The City Traffic Engineer made a report on the proposed designation for a 20 MPH speed limit on Ruddell from E. Hickory south, adjacent to the Dreamland Apartments. Motion was made by Ayer, seconded by Chambers that the City Attorney be instructed to prepare an ordinance designating a 20 MPH speed limit on Ruddell from E. Hickory south, adjacent to the Dreamland Apartments. Motion carried. ll. The City Manager briefed the Council relative to the recommendation of the Planning and Zoning Commission to approve two aerial permits over certain parts of Austin and Walnut Streets as requested by the First State Bank. The Manager stated that there appeared to be no conflict with utility operations. The Bank will pay an inspection fee of $250 a year and the City will not incur liability. Homer Bly, Vice President of First State Bank, said that Bank officials had studied the proposed agreement and that it was agreeable to the Bank. Motion was made by Neu, seconded by Chambers to instruct the City Attorney to prepare an ordinance to be presented at the next Council meeting which would authorize the Mayor to sign an agreement relative to an aerial permit to the First State Bank of Denton. Motion carried. 12. ~he City Manager discussed the proposed revised TOPICS agreement with the State Highway Department and recommended approval of same. Mot6on was made by Neu, seconded by Ayer that the approval of such an agreement in the form of a resolution be considered since an emergency does exist. The following resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 28TH DAY OF SEPTEMBER, A. D. 1971. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, THAT: Alexander M. Finlay, Jr., Mayor is hereby authorized and directed to sign and execute that certain agreement dated the 28th day of September, 1971, i by and between the State of Texas and the City of Denton pursuant to Highway Commission Minute Orders, regarding an areawide TOPICS Plant, which Agreement is attached h~meto. PASSED AND APPROVED this the 28th day of September, A. D. 1971. /s/ ~LEXANDER M. FINLAY, JR., MAYOR CITY OF DENTON, TEXAS 4391 September 28, 1971 Continued ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS ~PPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Chambers, seconded by Ayer that the resolution be approved and that the Mayor be authorized to sign same. Oh roll call vote Ayer "aye" , , voted , Chambers voted "aye" Ramey voted "aye" Neu voted "aye" and F.inlay voted "aye". Motion carried. Meeting adjourned at 8:12 p.m. MAYOR C~I SECRETARY I,lunicipal Building October 12, 1971 Regular meeting of the City Council, City of Denton, Texas, Tuesday, October 12, 1971, at 7 p.m., in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer, Chambers and Ramey; City Manager, City Attorney and City Secretary ABSENT: Assistant City Manager 1. Motion was made by Ramey, seconded by Neu that the minutes of the regular meeting of September 28, 1971 be approved. Motion carried. The Mayor recognized a Government class from TWU. 2. PUBLIC HEARING: (A) A public hearing was held on Z-1123, the petition of Mr. Zeke Martin, requesting that the zoning classification of City Lot 11, Block 3031-C be __ changed from the Agricultural classification to the "2F" Two family classification. The property in question is further described as being located at 1720 Bonnie Brae. After hearing one proponent and one in opposition, and a b~iefing by the City Planner, reporting the approval of the Planning and Zoning Commission, moji. on was made by Neu, seconded by Chambers that the petition be approved, as recommended by the Planning and Zoning Commission. Motion carried. 3. Claude Robinson, representing the Impact Advertising Company, appeared requesting approval to place litter receptacles on sidewalks in the business area. Following considerable discussion, motion was made by Neu, seconded by Chambers that the request be referred to the Planning and Zoning Commission for its evaluation and recommendation. Motion carried. 44( October 12, 1971 Continued 4. ORDINANCES: The following ordinances were presented: (A) ORDINANCE NO. 71-48 AN ORDINANCE CHANGING THE LEGAL MAXIMUM SPEED LIMIT ON PORTIONS OF RUDDELL STREET; PROVIDING A PENALTY FOR VIOLATION THEREOF; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ramey, seconded by Neu that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (B) ORDINANCE -- (FIRST READING) AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH THE FIRST STATE BANK OF DENTON, PI~RMITTING SAID BANK TO OCCUPY CERTAIN AIR SPACE OVER PORTIONS OF WALNUT STREET AND A, US~IN~TREET ~0 Q~)NSTRUC~T~ND MAINTAIN AN ELEVATED MULTI-LEVEL STRUCTURE AND FOR VEHICLE /~N~.P. ~I~t~U_~;. P~P~O~ CERTAIN REQUIREMENTS, CONDITIONS TERMS FOR SUCH USE.'~; ~-IMImI~M~GgC-~?~~DECLARING~'~-~--~ AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Ramey that the ordinance be adopted as a first reading. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey Voted "aye",' Neu voted "aye" and Finlay voted "aye". Motion carried. 5. VISITORS: Mr. and Mrs. A. C. Preston, 819 Windsor and Mrs. Robert Higgins, 809 Windsor, appeared relative to flooding conditions in the Windsor Drive area. The City Manager stated that drainage problems existed but to alleviate these problems a master plan for drainage must be made, stating also-that .t. he Federal Government under HUD has initiated a program underwriting flood damage insurance and that the City is presently working on an application. The City Manager answered various questions from Council members concerning drainage problems, costs, and planning'. The Mayor requested the Director of Community Development to investigate the drainage problems in the Windsor and other areas and to take stop-gap measures deemed feasible. 6. The matter of approval of the request of the Airport Board to file an application with the FAA and TAC for funding assistance to prepare a master plan for the Denton Municipal Airport was discussed. The City Manager pointed out that industry has made inquiries relative to the adequacy of the Denton Airport runways. He stated that Denton's Airport could become a most important satellite for the new International Airport, adding that if the request to FAA and TAC is approved Denton's cost would be a maximum of $3,400, and could be as little as $1,700 if funding is approved. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY (IN THE 12TH DAY OF OCTOBER, A. D. 1971. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, THAT: L~ames W. White, City Manager of the City of Denton, is hereby authorized and directed to submit FAA Form 5910-1, Airport Master Planning Grant Application, and execute all papers and documents relating thereto, wherein the City of Denton shall be sponsor; and 4411 October 12, 1971 Continued That said City Manager is hereby designated as the Officer to represent the applicant City of Denton to act as liaison pursuant to the said application. PASSED AND APPROVED THIS the 12th day of October, A. D. 1971. ALEXANDER M. FINLAY, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JACK Q. BARTON, CITY ATTORNEY ~ CITY OF DENTON, TEXAS Motion was made by Ramey, seconded by Neu that the Resolution be adopted. On roll call vote Ramey voted "aye", Chambers voted "aye", Ayer voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. - 7. Motion was made by Neu, seconded by Chambers that the Tax Roll for the year 1971 be adopted with the total valuation of business, personal and real estate property amounting to $83,132,253. Motion carried. 8. The following Resolution was presented: AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 12TH DAY OF OCTOBER, A. D. 1971. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: Alexander M. Finlay, Jr.~, Mayor of the City of Denton, Texas, is hereby authorized to ~.§n and execute that certain Construction~Agreement 'dated the 1st day of October, A. D. 1971, by ~nd between the City of Denton, and the Missouri- Kansas-Texas Railroad Company regarding the extension of Duncan Street, as provided and described in said Construction Agreement, which agreement is incorporated herein in full; and that The payment to said Railroad Company in the amount of $1,800.00 for cost of construction and installing one (1) 48 foot prefabricated plank crossing at the location '--- described in said Construction Agreement for extending Duncan Street across the Railroad Company's property, is i hereby authorized and approved. PASSED AND APPROVED this the 12th day of October, A. D. 1971. ?si ALEXANDER M. FtNLAY, JR., MAYOR CITY OF DENTON, TEXAS ATTEST: /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS 442 October 12, 1971 Continued APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS Motion was made by Neu, seconded by Ayer that the Resolution be adopted and the Mayor be authorized to sign same. On roll call vote Chambers voted "aye", Ayer voted "aye", Ramey voted~"aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (Councilman Ramey asked that the MKT Railroad be contacted relative to a crossing light at East Sycamore.) 9. Motion was made by Neu~ seconded by Ayer that the following citizens be appointed as members of City Boards and Commissions, as recommended by the Nominating Committee of the Council: LIBRARY BOARD TERMS TO EXPIRE Mrs. J. L. Carrico 6-30-73 Joe Skiles 6-30-73 AIRPORT BOARD Tom Martin 6-30-73 PLANNING & ZONING Gene Kemble 6-30-72 Motion carried. The meeting ajourned at 8:50 p.m. MAYOR 443 Municipal Building October 26, 1971 Regular meeting of the City Council, City of Denton, Texas, Tuesday, October 26, 1971, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer, Chambers and Ramey; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Neu, seconded by Ayer that the minutes of the regular meeting of October 12, 1971 be approved. Motion carried. 2. BIDS: (A) #71-7670 Single Bucket Aerial Truck Motion was made by Ramey, seconded bY Chambers that the bid be awarded to McCabe Powers at a low bid of $15,197.20 for the Labsl-35 Model, as recommended by the Utilities Staff and the Utilities Board. Motion carried. (B) #71-7680 Foundation piping and pump for Water Storage Tank Motion was made by Neu, seconded by Ayer that the bid be awarded to Elm Fork Construction Company at a low bid of $79,390, with a completion time of 75 calendar days, as recommended by the Utilities Staff and the Utilities Board. Motion carried. (C) #71-7681 Two M.G. Ground Storage Tank Motion was made by Neu, seconded by Chambers that the bid be awarded to Scott Welding, Incorporated at a low bid of $138,500 with completion time of 90 days, as recommended by the Utilities Staff and the Utilities Board. Motion carried. 3. REFERRAL: Motion was made by Chambers, seconded by Neu that the following two petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1133, the petition of Mr. Raymond L. Abbott requesting that the zoning classification of 1714 Teasley Lane be changed from Agricultural zoning classification to "G.R." General Retail classification. The property in question is further described as being an area of land situated south of Interstate 35E, approximately 300' to the N.E. ~orner, and west of Teasley Lane. (B) Z-1134, the petition of Mr. Joe Skiles, Jr., requesting that the zoning classification of 2200 Teasley Lane be changed from the Agricultural classification to the "SF-IO" Single family classification. The property in que.stion].is further described as being an area south of Londonderry Lane, approximately 625' to the Northwest corner, and east of Teasley Lane. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1125, the petition of the Planning and Zoning Commission requesting that various amendments be made to the Zoning Ordinance. After hearing one proponent and no opposition and a report of approval by the Planning and Zoning Commission, moti. on was made by Neu, seconded by Ayer to approve the petition and that the City Attorney be instructed to prepare an appropriate ordinance. Motion carried. 444 October 26, 1971 Continued (B) A public hearing was held on Z-1127, the appeal of Mr. Hoyt G. Wilson requesting that the zoning classification of the front portion of City Lot 53, Block 274 be changed from the "MF-I" Multi-family classification to the "N.S." Neighborhood Service classification. The property in question is further described as being the first building in the northern most part of the Dreamland Apartment complex that faces Ruddell Street entrance. After hearing seven proponents and seven in opposition and a report of denial from the Planning and Zoning Commission, motion was made by Ayer, seconded by Chambers that the petition be denied, as recommended by the Planning and Zoning Commission. Motion carried. (C) A public hearing was held on Z-1129, the petition of the Down Development Company requesting that the zoning classification of part of City Lot 1, Block 135C be changed from the Agricultural zoning classification to the "SF-7" Single family classification. The property in question is further described as being all the land east of Bell Avenue and south of Windsor Drive owned by Down Development Company and east of Strickland Jr. High School. No proponents nor opponents spoke. Motion was made by Neu, seconded by Ramey that the petition be approved, as recommended by the Planning and Zoning Commission. Motion carried. 5. The Mayor read a proclamation endorsing the Jaycee's Halloween Safety Program and setting October 30 as official Trick or Treat time. 6. THE FOLLOWING ORDINANCES WERE PRESENTED: ORDINANCE NO. 71-49 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS, BY ADOPTING THE NATIONAL ELECTRICAL CODE, 1968 EDITION, WITH CERTAIN DELETIONS AND AMENDMENTS: PROVIDING PENALTIES FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE Motion was made by Ramey, seconded by Chambers that the ordinance be adopted. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (B) ORDINANCE NO. 71-50 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH, WELFARE AND SAFETY BY PRESCRIBING MINIMUM STANDARDS FOR THE DESIGN, CONSTRUCTION OR INSTALLATION, REPAIR OR ALTERATIONS OF SWIMMING POOLS, PUBLIC OR PRIVATE, AND EQUIPMENT RELATED THERETO; REQUIRING A PERMIT AND INSPECTION THEREFOR; PROVIDING FOR FENCING THEREOF; PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE STANDARDS SET FORTH THEREIN; PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF STANDARDS SET FORTH THEREIN;.PROVIDING FOR THE QUALIFICATION AND REGISTRATION OF PERSONS ENGAGED IN THE BUSINESS OF SWIMMING POOL CONSTRUCTION, INSTALLATION, AND ALTERATION INCLUDING EQUIPMENT RELATED THERETO; AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF; Motion was made by Ramey, seconded by Chambers that the ordinance be amended to chanqe the time for compliance with the fencing requirement for existing pools from 3Q;days to 60.days ~rom th~ date of passage. ~Motion carried. Motion was made by Ayer, seconded by Ramey that the ordinance be passed with amendment and that an emergency exists, necessitating ~mmediate p~ge. On roll call vote RameY voted'"aye"~ Chambers vQted "aye", Ayer ~6~d "aye", Neu 90ted "aye" and Finlay voted "aye". Motion carried. (C) ORDINANCE NO. 71-51 AN ORDINANCE AUTHORIZING THE INSTALLATION OF ELECTRIC AUTOMATIC BLOCK TRAFFIC SIGNAL SYSTEMS AT THE INTERSECTIONS OF HENRY STREET AND ELM STREET AND HENRY STREET AND LOCUST STREET, BOTH IN THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer that the ordinance be passed. On roll call vote Chambers voted "aye", Ayer voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 445 October 26, 1971 Continued (D) ORDINANCE NO. 71-52 AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH THE FIRST STATE BANK OF DENTON, PERMITTING SAID BANK TO OCCUPY CERTAIN AIR SPACE OVER PORTIONS OF WALNUT STREET AND AUSTIN STREET TO CONSTRUCT AND MAINTAIN AN ELEVATED MULTI-LEVEL STRUCTURE FOR VEHICLE AND PEDESTRIAN USE; PROVIDING CERTAIN REQUIREMENTS CONDITIONS AND TERMS FOR SUCH USE; IMPOSING CERTAIN FEES; AND DECLARING AN EFFECTIVE DATE. Motion was made by Ayer, seconded by Chambers that the .ordinance be passed on.final readi.ng. On roll call vote Ayer voted "aye", Chambers voted' "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 7. Mrs. Shirley Trevino requested that one block on Manhattan Street between Stuart Road and Sherman Drive be closed on Saturday, October 30, 1971 from 5:30 p.m. to 9:30 p.m. for a block party. After considerable discussion, motion was made by Ramey, seconded by Chambers that the request be denied. Motion carried. 8. QUIT CLAIM DEED: Motion was made by Ramey, seconded by Neu that the City quit claim the portion of Avenue G between the NTSU Fouts Field parking lot area and West Prairie Street. Motion carried. 9. Motion was made by Chambers, seconded by Ayer that a contract with Bill B. Hart for collection of delinquent taxes be approved, as recommended' by the City Manager. Motion carried. 10. Motion was made by Neu, seconded by Ramey that a change order to the contract with Combustion Engineering for Unit #5 expansion of the Steam Plant for, modifications to Burner Control System be approved in an increased amount of $10,550, as recommended by the Director of Utilities and the Utilities Boa.rd. Motion carried. ll. Motion was made by Neu, seconded by Chambers to approve the services of General Electric Company Turbine Generator Service Engineer, during the major overhaul of Unit #4 during the period of November 1, 1971 through January 15, 1972, at an estimated cost of $10,098. Motion carried. Meeting adjourned at l0 p.m. MAYOR 446 Municipal Building November ~, 1971 Regular meeting of the City Council, City of Denton, Texas, Tuesday, November 9, 1971, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Chambers, Ramey and Ayer; City Manager, Assistant City Manager, City Attorney and City Secretary. 1. Motion was made by Neu, seconded by Ayer that the minutes of the regular meeting of October 26, 1971 be approved. Motion carried. 2. BIDS: (A) #71-7683 Sprinkler System Motion was made by Neu, seconded by Ramey that the bid be awarded a~ follows: Venable Sprinkler Company--items 5, 6, 18, 20 and 21 Rohan Company--items 3, 4, 13 and 14 Madewell Drilling Company--items 1, 2, 7, 8, 9, 10, 11, 12, 15, 16, 17, 19, and 22 Motion carried (B) #71-7693 Fire Hose & Fittings Motion was made by Ramey, seconded by Ayer that the bid be awarded to W. H. Lumpkins, the low bidder me,ting specifications, at a bid of $1,852.20. Motion carried. 3. Motion was made by Ayer, seconded by Neu that the following two petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1135, the petition of Mr. Richard L. Norton requesting that the zoning classification of the 500 Block of Highway 35 in South Denton be changed from the Agricultural classification to the General Retail classification. The property in question is further described as being a tract of land out of the A. Hill Survey #623 and being a part of City Block 233B, Lot 5, This tract of land represents approximately .587 acres and is located approximately 400' east of the Desert Inn Motel. (B) Z-1136, the petition of Mr. George Hopkins that the zoning classification of the 1700 Block of Broadway be changed from the ~SF-7" Single family classification to the "P.D." Planned Development classification. The property in question is further described as being lots 6, 7, 8 & 9 of Block D, and Lots 1, 2 and 3 of Block C, all in the Dicus Bubdivision. Motion carried~ 4. The,zf~lqowtn!~: O~]-~'Ce ~as '~sented: ORDINANCE NO. 71-53 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEX~S., A~$~ME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF'DENTON, TEX~S, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CITY LOT 1, BLOCK 135C, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ramey that the ordinance be passed. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "ey6", Neu voted "aye" and Finlay voted "aye". Motion carried. 447 November 9, 1971 Continued 5. The following. Resolution was presented: RESOLUTION RESOLUTION AUTHORIZING THE CITY ATTORNEY TO FILE SUIT AGAINST CERTAIN PROPERTY IN THE CITY OF DENTON, TEXAS, AND OWNERS THEREOF, BY APPROPRIATE LEGAL PROCEEDINGS, TO COLLECT OVERDUE ASSESSMENTS FOR STREET IMPROVEMENTS, AND TO FORECLOSE ASSESSMENT LIENS WHERE NECESSARY. WHEREAS, the hereinafter described tracts of land have been du,ly assessed for improvement thereto by the City of Denton, Texas, a Municipal Corporation, under the provisions of Chapter 9, Title 28, of the Revi~sed Civil Statu~;es of the State of Texas; and WHEREAS, the City of Denton, Texas, has the authority of Law under the said statutes to collect the.monies due said City for such improvements to the hereinafter described tracts of land, for the purposes of paving the streets abutting thereto; and WHEREAS, it will be beneficial to the general public, and is deemed necessary for the City of Denton, Texas, to now collect all monies due it from assessing said property, and to bring legal action to effect such purpose; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Attorney of the City of Denton, eexas, said City being a Munciipal Corporation duly incorporated and chartered by the State of under the Home Rule Act and Laws of the State of Texas, shall imstitute and begin appropriate legal proceedings as provided by Law, to collect all monies due from the assessment for improvements to the properties described in Exhibit A, attached hereto and incorporated herein, and against the last known owners thereof, and to foreclose all liens When and where necessary to collect money due the City of Denton as a result of any such assessment. SECTION II. That the City Attorney shall have full authority to collect, foreclose, sett~e or dismiss any such proceeding as in his ju~dgment seems proper. PASSED AND I~PPROVED this the 9th day of November, A. D. 1971. /s/ ALEXANDER M. FINLi~, JR. MAYOR ATTES$: /s/ BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY (SEE EXHIBIT "A" ON NEXT PAGE) 4,.48 November 9, 1971 Continued EXHIBIT "A" INDICATED ASSESSMENT PROPERTY ASSESSED AMOUNT OWNER YEAR (STREET ADDRESS) DUE D. B. BOYD, ET AL 1961 Jacaueline 6-10/32 $1,504.20 HARRY T. RINEY & ~ GEORGE D. PAYNE 1961 Headlee 8/443 511.52 W. C. CHILDRESS & BIRTIE B. COWAN 1961 Frame 1/173 515.52 J. D. DOTSON & FRED EDWARDS 19 61 College 23/420 563.04 METHODIST STUDENT MOVEMENT 1961 Ave. B 6/379 734.48 HAROLD J. NEALE 1961 Bryan 11/4007 533.60 GENEVA ZER~,',~ER 1961 Bryan 24/4007 515.20 BEN S. HICKS 1961 Lindsey 1/350-C 515.20 MYRTLE PRITCHARD 1961 Peak 1/347 552.00 GEORGE C. DEUTSCH 1961 Stuart 3,497.10 W~ E. FORESTER 1962 Eagle 3-4/355 715.95 CHARLES R. ULAND 1964 Mozingo 13/178E 606.00 JOE BARNS 19 64 Pauline 1/405 731.22 E. S, BLUME AND EVELYN D. DAVEY 1964 Cleveland 36/316 606.00 C. A. BROkqq & E. N. DAY 1964 Cherrywood 9/142B 555.50 ORRIC W. FREEY~AN, ET AL 1964 Lindsey ~ & 840.94 J. E, ALLEN & MURR AND COMPANY 19 64 Sunset 1- 3/450 1,228.75 RAY SKILLEI~q KORN 1965 University 6/450 1,155.00 FIRST PRESBYTERIAN CHURCH 1965 University 2/454 1,419.35 BOONE CORPO_P~-~TION & DENTON ASSOCIATES 1965 University 2-3/453A 530.96 PAT HAMILTON 1965 University 5/450 1,862.35 JOSEPHINE HOWARD & JAMES H. NO~ILE 1965 University 4/412 853.15 JOHN PORTER & TRUITT DOYLE 1965 University 3/440 525.45 TRUITT DOYLE, G. E. ADAMI & J. E. ALLEN ENTERPRISES 1965 University 1-3/448 847.50 GARLAND WARP~EN & F. D. FERGUS 1966 ~ve- ~ ± ~uzz~harlQt%¢/~4/3023 1,085.00 HENRY MIMS & LAURA MiMS 1966 Ruth 13-15/238 675.00 HO.~kER MONEY 1966 Crescent 1/4035 898.13 CONRAD WHEELER & ROBERT J. SANDERSON 1966 Stuart 1/194-C 562.50 QUINBY SELF & C.L.LITTLEFIELD 1966 Ave. F i2/3012 675.00 H. B. MILLER & DON JONES 1966 Louise 11-14/3022 900.00 JERRY B. STOUT & L.D. Ave.H 1/3021 & FERGUS 1966 Louise 1-4/3021 1,106.70 H. B. MILLER & DON JONES 1966 Ave. H 11/3022 697.50 DENTON LO~N & INVESTMENT 1966 Stuart 14/136 A-5 693.00 J. C. JOHNSTON 1966 Stella 4-6/3027 581.25 T. J. STRAi~GE 1966 Stuart 1/194E 562.50 TOM D. TAYLOR 1966 Stuart 26/194C 531.39 MRS. H. D. ROBERTS 19 66 Stuart 20/136B 2,188.12 SID FORD 1966 E. Hickory 2%I/259 837.00 HERBERT W. FERRILL 1966 Emery 4/4038 762.04 EERN LYNCH 19 66 Emery 1/4037 914.50 HARRY T. RINEY 1966 Ave. C 10-11/398 810.00 LLOYD W1L].INGHAM 1966 Ave. C 8-9/398 778.50 JOE EDD NORTHERN ].966 Stella 4-6/3015 675.00 E~ J. CUF, P,Y 1966 Stella 6-10/3023 1,093.75 J. W. BAT~:?qAN 1966 Ave. li 18/3029 702.00 HARRIET D. Cfd'~NSHAW 1966 Ave. H. 9/3026 675.00 E. J. CUddlY 1966 Ave. C. 10/3023 2,625.00 Aw>. G ].5-20/3023 November 9, 1971 Continued Mot6on was made by Chambers, seconded by Ayer that the Resolution be passed. On roll call vote Chambers voted "aye", Ayer voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 6. Motion was made by Ayer, seconded by Chambers that the staff be authorized to advertise for bids for disposition of Fred Moore Day Nursery Building located in Fred Moore Park. Motion carried. 7. The Council discussed flooding and general drainage conditions in the City, particularly in the Windsor Drive, Stuart Road area. The Manager reviewed the overall drainage problem and answered questions from the Council and from citizens on Windsor Drive. No official action was taken, but it was agreed that an effort would be made to obtain an easement on lot 11 on Windsor Drive.for drainage to the creek, and to take other action deemed feasible. 8. Motion was made by Neu, seconded by Ramey that the blue prints fo~ the extension of the walkway at Fish-O-Rama be approved conti_ngent upon approval of the Corp of Engineers. Motion carried. 9. Motion was made by Ramey, seconded by Ayer that the Tax Adjustment Report for October, 1971 be approved in the amount of $1,139.41. Motion carried. 10. The Mayor read a proclamation proclaiming November 17, 1971 ~s "Denton State School Employee Day". Meeting adjourned at 8:25 p.m. ~ MAYOR CITY gECRETARY Municipal Building November 23, 1971 Regular meeting of the City Council, City of Denton, Texas, Tuesday, November 23, 1971, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer, Ramey and Chambers; City Manager, Asst. City Manager, City Attorney and Acting City Secretary 1. Motion was made by Ayer, seconded by Neu that the minutes of the regular meeting of November 9, 1971 be approved. Motion carried. .-- 2. BIDS: (A) #71-7694 Fire Truck Motion was made by Ramey, seconded by Neu that the bid be awarded to American La France at an overall low bid, including trade-in, of $38,263.99, as recommended by the City Manager. Motion carried. The Fire Department was commended by Mayor Finlay for their excellent work in fighting a fire at 2016 W. Oak Street and by Councilman Ramey for the D~artment's outstanding fire prevention slide presentation. November 23, 1971 Continued 3. Motion was made by Neu, seconded by Ayer that the following two petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1133, the petition of Mr. Raymond L. Abbott requesting that the zoning classification of 1714 Teasley Lane be changed from the Agricultural zoning classification to the Planned Development classification. The property in question is further described as being an area of land situated south of Interstate 35E. (B) Z-1137, the petition of Sherry E. Whitehead requesting that the zoning classification of 1109 Eagle Drive be changed from the "SF-7" Single FamiJ'y classification to the "MF-I" Multi-family classification. The property in question is further described as being located at the intersection of Welch and Eagle Drive. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1131, the appeal of Mr. L. A. Nelson, requesting that the zoning classification of City Lots 6, 7, 8, 9, 10.2, 10.3, 10.4, 11 and 12, City Block 475 be changed from the "MF-I" Multi-family classification to the General Retail classification. The property in question is further described as being located on Carroll Street, between West Oak and Pearl. After hearing five proponents, one in opposition and a report of denial by the Planning and Zoning Commission~by the City Planner, plus a report from the City Traffic Engineer, motion was ~ade by Ramey, seconded by Neu to grant the appeal, provided adequate screening is constructed. Motion failed on a 2-2 vote--Mayor not voting, 4 votes being necessary to override the decision of denial by the Planning and Zoning Commission,, .... (B) A public hearing was held on Z-1134, the petition of Mr. Joe Skiles, Jr., requesting that the zoning classification of 2200 Teasley Lane be changed from the Agricultural zoning classification to the "SF-IO" Single family classification. The property in question is further described as being an area south of Londonderry Lane, approximately 625' to the northwest corner, and east of Teasley Lane. After hearing no proponents and no opponents and a report of approval from the Planning and Zoning Commission,by the City Planner, motion was made by Neu, seconded by Chambers that the petition be approved. Motion carried. 5. THE FOLLOWING ORDINANCE WAS PRESENTED: (A) ORDINANCE NO. 71-54 AN ORDINANCE AMENDING D~BINANCE NO. 69-1 OF THE CITY OF DENTON, TEXAS, ESTABLISHING AND PROVIDING FOR ZONING REGULATIONS AND CREATING ZONING DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN AND WITHIN SUCH DISTRICTS REGULATING THE USE OF LAND, BUILDINGS, AND STRUCTURES; THE HEIGHT, BULK AND LOCATION OF BUILDINGS; ESTABLISHING MINIMUM REQUIREMENTS FOR OFF-Sl'REET PARKI~B~ REGULATING THE £RECTION, REPAIR AND ALTERATION OF ALL BUILDINGS AND STRUCTURES; ESTABLISHING THE REQUIREMENTS FOR BUILDING SITES AND THE MANNER OF THEIR CREATION; DEFINING CERTAIN TERMS; MAKING ALL FIGURES, LETTERS, MARKINGS, SYMBOLB AND CHARTS CONTAINED IN SAID ORDINANCE OR SHOWN ON THE MAP A PART OF SUCH ORDINANCE; PROVIDING A PENALTY FOR VIOLATION OF AND FOR INBUNCTIVE RELIEF TO PERSONS AFFECTED BY THE VIOLATION OF SAID ORDINANCE; PROVIDING A SAVINGS CLAUSE AND DE£LARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ayer that the ordinance be passed. On roll call vote Ayer voted "aye", Chambers voted "aye", Ramey voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (B) The Council discussed the proposed Bond Ordinance. Motion was made by Ramey, seconded by Neu to direct the City Attorney to prepare an appropriate Bond Ordinance ¢~ling an election, to be presented to the Council for consideration at the last Council meeting in December. Motion carried. November 23, 1971 Continued 6. THE FOLLOWING RESOLUTIONS WERE PRESENTED: (A) A RESOLUTION OF THE CITY OF DENTON, TEXAS, PROVIDING ADDIT'~L ASSURANCES NECESSARY FOR PARTICIPATION IN THE AUBREY LAKE PROJECT IN ACCORDANCE WITH PUBLIC LAW 89-298, AND IN CONFORMITY WITH PUBLIC LAW 91-646 (84 STAT. 1894). WHEREAS, on the 22nd day of July, A. D. 1969, the City Council of the City of Denton, Texas, adopted a resolution agreeing to provide the items of local interest for the Aubrey Lake Project as required by Public Law 89-298 and Public Law 89-72, agreeing to provide without cost to the United States all water rights needed for the project, and to hold the Government free from damages, and containing other provisions; and WHEREAS, since the date of such Assurances, Congress has enacted Public Law 91-646 (84 Stat. 1894), Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; and the Texas L~gislature, regular Session, 1969 (Article 6674n-4, Vernon's Texas Civil Statutes); and WHEREAS, the foregoing laws provide for fair and equitable treatment of persons displaced as a result of any program involving Federally-assisted projects undertaken by a State of Sub-division thereof, such as the City of Denton, Texas, and empowers such City to formulate rules and regulations necessary to carry out the provisions of S.B. No. 521 in a manner compatible with Public Law 91-646; and WHEREAS, any relocation or resettlement costs and costs of administering the Relocation Assistance Program are declared by the said Act of Congress, and by the said Act of the Texas Legislature to be expenses and costs of acquiring land for such projects; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That all future acquisitions of land and/or water rights or interests contemplated by the Assurances aforementioned shall be in conformity with Public Law 91-646, and Texas S.B. No. 521 (Article 6674n-4, Vernon's Texas Civil Staltutes), and such expense shall constitute and be paid as a part of the costs for same to be furnished by the City of Denton, Texas, to the United States of America for, or in connection with, the project; that at time of certification to the Corps of Engineers~of title to.. the interests aforesaid acquired by the City of Denton, TeXas, the C~, shal~%~'~Lrther certify that such costs and expenses, if any, as provi~ded by PiJbl~ Law 91-646 and S.B. No. 521 were included in the costs of acquisition and the payments and service to the owners and tenants, if any, as prescribed by law, and were provided for and paid to such owners and tenants. THIS AMENDMENT is not int~ded to modify the existing Assurances except to provide for the continued cooperation of the City of Denton, Texas, in accordance therewith, and to assure compliance with Public Law 91-646 and Texas S.B. No. 521 as hereinbefore recited. PASSED AND APPROVED this the 23rd day of November, A. D. 1971. /s/ ALEXANDER M. FINLAY, JR., MAYOR CITY OF DENTON, TEXAS APPROVED AS TO FORM: /s/ Z]~tCK Q. BARTON, CITY ATTORNEY CITY OF DENTON, TEXAS 452 November 23, 1971 Continued I, Brooks Holt, City Secretary of the City of Denton, Texas, do hereby certify that the above and foregoing is a true and correct copy of a Resolution passed and approved by the City Council of the City of Denton, Texas, on the 23rd day of November, A. D. 1971, as the same appears of record in my office. - TO CERTIFY WHICH WITNESS MY HAND AND SEAL OF THE CITY OF DENTON, TEXAS, This the 23rd day of November, A. D. 1971. /s/ BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS Motion wss made by Neu, seconded by Chambers that the Resolution be passed. On roll call vote Chambers voted "aye", Ramey voted "aye", Ayer voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (B) The proposed Resolutions expressing positive interest in flood insurance and the Resolution appointing the City Manager to implement flood control was discuesed. Motion was made by Chambers, seconded by Neu that action be tabled for further study. 7. QUIT CLAIM DEEDS: (A) Motion was made by Ayer, seconded by Neu that the request to quit claim Richardson Street be denied. Motion carried. (B) Motion was made by Ayer, seconded by Ramey that the Quit Claim request of the W. C. Orr Estate of a 15' surplus right of way at the intersection of N. Locust and FM 2164 be approved. Motion carried. Meeting adjourned at 9:55 p.m. ~~,~.~/~. /? ~ECRETARY 45;4 Municipal Building December 14, 1971 Regular meeting of the City Council, City of Denton, Texas, Tuesday, December 14, 1971, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ayer, Ramey and Chambers; City Manager, Assistant City Manager, City Attorney and City Secretary 1. Motion was made by Ayer, seconded by Neu that the minutes of the regular meeting of November 23, 1971 be approved. Motion carried. 2. BIDS: (A) #71-7724 Trenching Machine Motion was made by Neu, seconded by Chambers that this item be deleted and to authorize the Purchasing Agent to re-advertise for bids. Motion carried. (B) #71-7762 Salt and Sand Spreader for Ice Control Motion was made by Ramey, seconded by Neu that the bid be awarded to Highway Machinery at a bid of $1,147, as recommended by the City Manager. Motion carried. (C) #71-7709 Manhole Forms Motion was made by Ayer, seconded by Chambers that the bid be awarded to the low bidder, W. S. Dickey, in the amount of $3,636.64, FOB Springdale, Arkansas. Motion carried. (D) #71-7706 Police and Fire Department Cars The City Manager referred to a l~er from Denton Dodge, Inc. with- drawing their low bid, since they made an error in not including freight charges on each vehicle bid. Motion was made by Ramey, seconded by Neu that the bid be awarded to Bill Utter Ford as lowest bidder, after Denton Dodge withdrew, in the net amount of $25,149, including trade ins. Motion carried. (E) #71-7707 Chemicals Motion was made by Chambers, seconded by Neu that the bid be awarded as follows, as recommended by the City Manager: Item 1: to Van Waters and Rogers Item 2: to Thompson-Hayward Item 3: to McKesson-Chemical Item 4: to McKesson-Chemical Item 5: to Thompson-Ha~ward Item 6: to McKesson-Chemical Item 7: to Texas White Lime Item 8: to Thompson-Hayward Item 9: to Stauffer Chemical Motion carried. (F) #71-7734 Sale of Houses Motion was made by Neu, seconded by Ayer that items 1, 2 & 3 be awarded to the high bidders as follows and to authorize the Purchasing Agent to negotiate for the sale of items 4 and 5: Item 1--Youth Center Building to Morrow Wrecking for $150.00 Item 2--432 Stroud Street to George R. Cox for $1,750.13 Item 3--313 Carroll Street to George R. Cox for $1,313.13 Motion carried. 45 . December 14, 1971 Continued 3. Motion was made by Ramey, seconded by Ayer that the petition of Mrs. E. H. Rich requesting that a Specific Use Permit be granted to her for the operation of a Mobile Home Park at 204 Rich Street (City Block 350-K, Lot 12) be referred to the Planning and Zoning Commission for its recommendation. Motion carried. 4. The Mayor read the following Proclamations: A Proclamation proclaiming "Needy Children's Christmas Bowl" on December 18, sponsored by the Denton Police Department and the Denton Fire Department, and "Toys For Tots Day" on December 18, sponsored by the NTSU Ex Marines Association. 5. VISITORS: (A) Rev. Richard Rogers of the Southern Christian Leadership Conference "Operation Bread Basket" proposed that a committee be organized in Denton to obtain federal benefits for all poor citizens, black and white, suggesting that the committee be composed of six blacks and five whites. The Mayor advised that the Council would take the matter under consideration. (B) Dr. Norma Gilbert, representing Help House of Denton, requested backing by the City for the operation of this organization which deals with the drug problem in Denton. Several volunteer workers in the organization spoke, as well as school officials, Clergymen and other local citizens. The Manager recommended that a steering committee composed of fifteen to twenty residents from all walks of life be formed to assist in the program. The Council also recommended that Help House representatives seek help from various organizations within, the City. (C) Harry Down, local developer, conferred with the Council relative to extension of utilities across Rayzor Estate property along Interstate 35W, south of Victor Equipment Company. After considerable discussion, the Mayor suggested that the City Attorney draw up a brief on the problem, after conferring with the Director of Utilities and other appropriate staff personnel. The Council ~oncurred. 6. The following Ordinances were presented: (A) ORDINANCE NO. '71-55 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO 2200 TEASLEY LANE IN THE CITY OF DENTON, TEXAS, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Motion was made by Neu, seconded by Ramey that the Ordinance be passed. On roll call vote Ayer voted "aye", Ramey voted "aye", Chambers voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (B) ORDINANCE NO. 71-56 AN ORDINANCE AMENDING ARTICLE II IN CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, WHICH SETS FORTH CERTAIN REQUIREMENTS WHICH MUST BE MET BEFORE A BUILDING PERMIT IS ISSUED; AMENDING APPENDIX "A" TO THE CODE OF ORDINANCES TO REQUIRE TF~qT NEW SUBDIVISIONS MEET CERTAIN REQUIREMENTS; AMENDING CITY SPECIFICATIONS TO OUTLINE CERTAIN REQUIREMENTS GOVERNING THE DESIGN AND INSTALLATION OF WATER AND SEWAGE SYSTEMS; AND DECLARING AN EMERGENCY. Motion was made by Neu, seconded by Ayer that the Ordinance be passed. On roll call vote Ramey voted "aye", Ayer voted "aye", Chambers voted "aye",~Neu voted "aye" and Finlay voted "Bye". Motion carried. 455 D6cember 14, 1971 Continued 7. The following Resolutions were presented: (A) RESOLUTION On this, the 14th day of December, 1971, the City Council of the City of Denton, Texas, convened in regular session at Denton, Texas, with the following members present, constituting a quorum: Alexander M. Finlay, Jr., Mayor Bill Neu, Mayor Pro Tem Hugh Ayer, Councilman Harold Ramey, Counci]~man Robert Chambers, Councilman when, among other business, the Council adopted the following resolution: A RESOLUTION expressing a positive interest in securing flood insurance under the National Flood Insurance Program, and requesting the Federal Insurance Administrator to declare the City of Denton Texas, eligible under the program. Whereas, the City of Denton, Texas, is a political subdivision of the State of Texas referred to in Article 8280-13, Vernon's Revised Civil Statutes of Texas; and Whereas, political subdivisions of the State of Texas are authorized by Article 8280-13, Vernon's Revised Civil Statutes of Texas to take all necessary and reasonable actions to comply with the requirements and criteria of the National Flood Insurance Program; and Whereas, the geographical area under the jurisdiction of the City of Denton, Texas, has suffered damage from floods from Hickory Creek, Pecan Creek, Cooper Creek, and their tributaries; and Whereas, the gitizens of the City of Denton, Texas, are desirous of obtaining insurance coverage under the National Flood Insurance Progrmm; and Whereas, the City of Denton, Texas is considering the adoption of flood plan regulatory measures, public and private, including zoning, building codes, easements, and other appropriate measures for controlling same; now therefore; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, That this City recognizes a public need for flood insurance and hereby evidences a positive interest in securing flood insurance coverage under the National Flood Insurance Program; and That the City of Denton will cooperate with the Federa, State, and local agencies which undertake to study, survey, map, and identify flood-prone areas, and to identify and evaluate local flood hazards, all within the boundaries of the City; and That the City of Denton will adopt by December 31, 1971 land use and control measures, with effective enforcement measures, which are consistent with such criteria for land management and use as may be developed by the Federal Insurance Administrator; and That the City of Denton will apply and enforce such land use and control measures commencing as soon as the necessary technical information on floodways and controlling flood elevations becomes available; and That the City Manager of the City of Denton is authorized and directed to submit to the Federal Insurance Administrator, with the necessary 456 December 14, 1971 Continued supporting documentation, an application .for the establishment of premium rates and the declaration o7 eligibility of the City of Denton for flood insurance coverage under the National Flood Insurance Program. PASSED AND APPROVED this the 14th day of Debember, A. D. 1971. Is/ ALEXANDER M. FINLAY, JR. MAYOR ATTEST: Isis BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: /s/ JACK Q. BARTON, CITY ATTORNEY I hereby certify that attached is a true and correct copy of a resolution adopted by the City Council at its meeting on the 14th day of December, A. D. 1971 at Denton, Texas. /s/ BROOKS HOLT, CITY SECRETARY Motion was made by Chambers,~seconded by Rame~y that. the Resolution be ~,assed. On roll call vote Chambers voted "aye", Ramey voted "aye", Ayer voted aye", Neu voted "aye" and Finlay voted "aye". Motion carried. (B) Resolution WHEREAS, cE~&~h areas of the Denton Community are subject to periodic flooding from certain streams and creeks causing serious damages to residential properties within this area; and WHEREAS, relief is available in the form of flood insurance as authorized by the National Flood Insurance Act of 1968 as amended; and WHEREAS, it is the intent of this Council to comply with land use and management criteria regulations as required in said act; and WHEREAS, it is also the intent of this Council to recognize and duly evaluate flood hazards in all official actions relating to land use in the flood plain areas having special flood hazards; and WHEREAS, the Code Citation of Stqte enabling legislation and of resulting City Ordinance that authorizes this City to adopt land use and control measures are State Law, S4 and City Law, S20; NOW, THEREFORE, BE IT RESOLVED, that this Council hereby assures the Federal Insurance Administration that it will take legislative action as follows: (1) Enact by December 31, 1971, and maintain in force for those areas, adequate land use and control measures with effective enforcement provisions consistent with the criteria set forth in Subpart A of Section 1910 of the National Flood Insurance Regulations; and (2) If necessary, seek State enabling legislation conferring authority to enact land use and c.ontrol measures designed to reduce the exposure of property to flood loss; and (3) Take such other official action as may be reasonably necessary to carry out the objectives of the program. Such actions will include but not be limited to: (A) Assisting the Federal Insurance Administrator, at his request, in delineating the limits of the flood plain having special flood hazard on available local maps of sufficient scale to identify the location of the building si tes. 457 Decemb.~r 14, 1971 Continued (B~ After flood insurance is made available, furnishing representatives of the National Flood Insurers ~kssociation (also appropriate Federal or State agencies, upon request) informa:ion concerning new or substantially improved structures within the area of sl~ecial flood hazard. This information will include floor elevations and, if there's a basement, the distance between the first floor and the bottom of the low,~st opening where water flowing on the ground will will enter. (C) Cooperating with Federal, State and local agencies which under- take to study, survey, Jap and identify flood-prone areas as well as cooperating with neighboring jurisdlc~tions~withrespect to adjoining flood plains in order to prevent aggravation of the flooding problem. (D) Providing the 6ame of the individual and the office that will be responsible for furnishing t~e first floor elevation information. BE IT FURTHER RESOLVE~, that this Council hereby appoints James White, City Manager, or his successor~ as the official with the responsibility, authority and means to implemen~ the commitment made herein. PASSED AND APPROVED t~is the 14th day of Debember, A. D. 1971. ALEXANDER M. FINLAY, JR., MAYOR ATTEST: BROOKS HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM: JACK Q. BARTON, CITY ATTORNEY Motion was made by Neq, seconded by Ramey that the Resolution be passed. On roll call vote Ramey voted "~ye", Chambers voted "aye", Ayer voted "aye", Neu voted "aye" and Finlay voted "a~e". Motion carried. 8. Motion was made by Ayqr, seconded by Chambers that the Tax Adjustment Report for the month of November, 1971 in the amount of $1,413.11 be approved. Motion carried. 9. The Manager briefed the Council on a proposed Work-Study Agreement with Texas Woman's University. Motion ~as made by Ra~ey, seconded by Chambers to enter into an Agreement with Texas Woman's University and the Mayor be authorized to sign such Agreement. Motion carried. 10. The Director of Utiliiies requested authorization to purchase on a one source basis, equipment from Gereral Electric, Westinghouse and Zinsco, stating that the Utilities Board ha~ recommended these purchases. Motion was made by Ayer, seconded by Ramey that the Utilities Department be authorized to purchase the ilems from General Electric and Westinghouse and to authorize the Purchasing Agent to advertise and accept bids on metering devises from Zinsco and others, if available. Motion carried. 11. Motion was made by Ayer, seconded by Neu to authorize the Purchasing Agent to advertise for bids on a~contract to construct a 16" water line (approximately 1,350 feet) and ap alternate bid for an 8" line. Motion carried. Meeting adjourned at lO:lO p.m. ~ECRETARY 458 MUNICIPAL BUILDING December 28, 1971 Regular meeting of the City Council, City of Denton, Texas, Tuesday, December 28, 1971, at 7 p.m. in the Council Chambers of the Municipal Building. PRESENT: Mayor Finlay, Mayor Pro Tem Neu, Councilmen Ramey, Chambers and Ayer; City Manager, City Attorney and Acting City Secretary, Ralph Mann. 1. Motion was made by Neu, seconded by Chambers that the minutes of the regular meeting of Decembe~ 14, 1971 be approved. Motion carried. 2. Motion was made by Chambers, seconded by Ayer to appoint W. Ralph Mann Acting City Secretary. Motion carried. 3. Motion was made by Ramey, seconded by Chambers that the following four petitions be referred to the Planning and Zoning Commission for its recommendations: (A) Z-1139, the petition of Mr. D. J. Stockman, requesting that the zoning classification of 2700 East McKinney be changed from the Agricultural classification to the "SF-7" Single family classification. The property in question is further described as being a tract of land out of the M. Yoachum Survey, Abstract #1442, which is also referred to as a part of City Block 276-C Lot #2. (B) Z-1140, the petition of Mrs. Ella Lee Moore, requesting that the zoning classification of 914. Welch Street be changed from "SF-7" Single family classification to the "MF-I" Multi-family classification. The property in question is described as being City Lot No. 5, Block 355. (C) Z-1141, the request of the Planning and Zoning Commission that changes be made in the uses permitted in the planned development classification. --- (D) S-44, the petition of Mr. James N. Horn, requesting that a Specific Use Permit be granted for the operation of a clay extraction site located on Route 1, Airport Road. The property in question is further described as being located just south of the Airport Road, east of the Denton Airport, and west from Interstate 35W. The property consists of approximatley 160 acres. Motion carried. 4. PUBLIC HEARINGS: (A) A public hearing was held on Z-1133, the petition of Mr. Raymond L. Abbott requesting that the zoning classification of 1714 Teasley Lane be changed from the Agricultural classification to the Planned Development class- ification. The property in question is described as being an area of land situated south of Interstate 35E, approximately 300' to the N.E. corner, and west of Teasley Lane. ~fter hearing one proponent and none in opposition, and a recommendation of approval by the Planning and Zoning Commission, which was presented by the City Planner, motion was made by Ramey, seconded by Neu that the petition be approved, with the City Attorney directed to prepare an appropriate ordinance. Motion carried. (B) A public hearing was held on Z-1135, the petition of Mr. Richard L. Norton, requesting that the zoning classification of the 500 Block of Highway 35 in South Denton be changed from the Agricultural classification to the General Retail classification. The property in question is further described as being a tract of land out ~f the A. Hill Survey #623 and being a part of City Block 233B,~Lot 5. This tract is located approximately 400' east of the Desert Inn Motel and is facing north on the frontage road of U. S. Highway 77. ~.~t~~ ~ea'~i~g One prop~hent and no opposition, and a report recommending approval from.~he Gity-.Plahmer by th~ ~lanning and Zoning Commission, motion was made by Neu,'seconded by Ramey to approve the petition and that the City Attorney be directed to prepare an appropriate ordinance. Motion carried. 4-59 December ~8, 1971 Continued (C) A public hearing was held on Z-1137, the petition of Sherry E. oning f~cation of 1109 Eagle Drive be Whitehead, requesting that the ~ . cla-si changed from the "SF-7" Single family classification to the "MF-I" Multi- family classification. The property in question is further described as being located at the intersection of elch and Eagle Streets, in the S.W. quandrant. After hearing one p~oponent and no opposition, and a report from the City Planner, recommending approval by the Planning and Zoning Commission, motion was made by Neu, seconded by Ay~r that the petition be approved, and the City Attorney be directed to prepareian appropriate ordinance. Motion carried. 5. Mrs. Wesley Smith, re~resenting the League of Wemen Voters, made a statement relative to urging eligible voters to participate in the upcoming bond election. 6. Following comments from the City Manager on the proposed bond election, and a statement by the Financia Consultant and Bond Counsel, the following Ordinance was presented: CEI~TIFICATE FOR ORDINANCE CALLING AN ELECTION THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON We, the undersigned o{ficers of said City, hereby certify as follows: 1. The City Council ~f said C~ty convened in REGULAR MEETING ON THE 28TH DAY OF DECEMBER, 1971, at ~he Municipal Building (City Hall), and the roll was called of the duly constituled officers and members of said City Council to wit: ' Brooks Holt, City Secretary Dr. Alexander Finlay, Mayor Bob Chambers ! Bill Neu Harold L. Ramey ~ Hugh M. Ayer and all of said persons were present, except the following absentees: Brooks Holt , thus constituting a quorum. Whereupon, among other business the following was transacted at said meeting: A WRITTEN ORDINANCE CALLING AN ELECTION was duly introduced for the consideration of said City Council and read in full. It was then duly moved and secorded that said Ordinance be passed; and, after due discussion, said mot6on, caYrying with it the passage of said Ordinance, prevailed and carried by the following vote: AYES: All members of said City Council shown ,~esent above voted "aye". NS~S: None. 2.] That a true, full,iand correct copy of the aforesaid Ordi~ence passed at the meeting described n the above and foregoing paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of s~id Meeting; that the above and foregoing paragraph is a true, full, and c~rrect excerpt from said City Council's minutes of said Meeting pertaining to th~ passage of said Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of slid City Council as indicated therein; that each of the officers and members of s~id City Council was duly and sufficiently notified officially and personal]y, in advance, of the time, place, and purpose of the aforesaid meeting, and that said Ordinance would be introduced and considered for passage at said Meeting, andleach of said officers and members gonsented, in advance, to the holding of s~aid ~eeting for such purpose; and that said Meeting was open to thepublic, and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. December 28, 1971 Continued 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes. SIGNED AND SEALED THE 28th day of December, 1971. City Secretary Mayor (SEAL) .......................................................................... We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved as to legality the attached and following Ordinance prior to its passage as aforesaid. CITY ATTORNEY BOND ATTORNEYS ORDINANCE NO. 71-57 ORDINANCE CALLING AN ELECTION THE STATE OF TEXAS ~ : COUNTY OF DENTON ~ ~ CITY OF DENTON ~ ~ Whereas, it is deemed necessary and advisable to call the election hereinafte~ ordered; and Whereas, it is hereby officially found and determined: that a case of emergency or u~gent public necessity exists which requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necessity being that the proceeds from the sale of the proposed bonds are required as soon as pessible and without delay for necessary and urgently needed public improvements; and that said meeting was ppen to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1. That an election shall be held on January 25, 1972, in said City at the following designated polling place: THE COMMUNITY BUILDING IN THE gIVIC CENTER. Said city shall constitute a single election precinct for skid election, and the following election officers areh~e~eby appointed to hold said election: ~-~I Presiding Judge: J.L. CARRICO Alternate Presiding Judge: CHARLES ORR 2. That the Presiding Judge shall appoint not less than two qualified election clerks to serve and assist in conducting said alection$ provided that if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerk~. 3. That by approving and signing this Ordinance the Mayor of said City officially confirms his appointment of the aforesaid election officers to serve at said election; and by passing this Ordinance the governing body of said City approves and concurs in the appointment of the aforesaid election officers. 4. ThaL said cloc:.ion shall ho held and conducted in effect at wh:ich on.l.y the ros.idenh, qualified electors who own t:axal)]o propc, rL.y in Ci~o City an~l who have duly rendered the same for [tax- at. ion sb,~l], he enhitl, cd{. to vote, and anotthor election at which all .... ~ ~.~ .... R:sidenz, qua$ified elec[orz off the C.i.[y shall be en- t:ith:d to vote. The vol:os casi: at each of said separate hut Siltlll].t3IIOO~S~_~'l'~4rnl]c'.,.~.,~ u.~ ., ~:.01~ be recorded, 3zot~rI3oG~ and C~IIV[!SS- ed .... .... ],' ....... ~-,tc.l}, ,. It is' h~reby declared that the purpose of holdir~g t~3e ~t'_cchJ. c);l Jn stloh 12~ilj3!lcr l.s [1o ascertain aritNmetically, with ~ :~Ol.,OoI~IOr,,. (a) %ho aggregate votes cas l:esl)c:c:h l:o a subl[lJ_thod ~ ..... <' ~- ~T al: the cle~.u_.c.h for and.against the PROPOSITION by resident, qudl~,.~.~.u' ':'' .:' -, '~. .l r, ~, 'u c, ~ o ..... o~ tt~e City, and also (b) the aggreaate_ .. veL. es ce. st ~:{: [:Ne clock, ich i-o~ and again'st the PROPOSITION by resident, c.~u~,.L~.~_~ el. corers who ~wn taxable oro]}ertv in hhe Ci[y and who ~ ............. the Same for taxation. Eadl elLnchor shall have duly ..... ~ be entitled Lo vote eno%, in accordance with the provisions of · tills Ordinance. ~ That notice ~ o~,said electien shall be given by posting L~.n~__Ld~. copy of tNis Ordinance at the Hunicipal Building (CJ. ty Ha!l) and at twe ether places in said City, not less ~han 3.5 days pti. o}: ho ~he da~e sob for said election; and a substan- t_~h~ Ordinence also shall_ be published on hhe same ~J. al copy of q '0 . v. ee~s a day in each of two successive ' ~' in newspaper of general circu].ation published :[_lt~ said City, the date of the first publi- cation te be not~=o~,~'~ tl~an t4 davs~ prior to the date sek for said election. 6. That ah said. e]_ection the following PROPOSITIONS shall be '-" -' - in accordaz~ce witt~ Om=y bo authorized to Shall the Cl~} Cou~}cil ef said lssue the bono.~ ef said City, in ene or mere series or issues, in the aggregate principal amount of 98,700,000, with the bends ef each such sot!es or ~ssue, re.spectively, to maLure scria!ly w~unAn nob to exceed 40 years from their date, and to b6 sol{t at such prices and hear inter- est at such rates as ~shall be 6oterminod within the dis- crction el %!1o City dounci]., for the purpose of conouru~t- lng and impreving' st}}eets in said City, and providing drain- age and fiooc! conkJr6j, labilities in connection therewith; ' ' - '-} ~""'~d to levy andcau. and s]m:]_l said City Council be aum~oz.~ %o be d,;~C,;.~c.a alld c6_lecued aRnuai aid val. orelll taxes in amount suFiicient lo;pay the annuaA in[crest on said bends . and provide a sinking ~und te pay said bonds at mahurity? PROI~OS!T!ON NO. 2 Shall the City Corn{oil of said City he authorized to isnuo thc ]~onds of san. d" City, in one or moro _~.~..{.' ,o<..~ or isnucs, in the aggre~]at:e principal amount of $9~j0,000,.~ with i:ho boncls of eagh such series 'or issue, respoct.[vc, ly~ l:o re;ii_ute seri;ili.y wJitl~in no[: t:o o:.:<:eed ,i0 y~mrs from their claf:o and to h~ so].d at such p::icos and ].,~.~.~ inter- esi: at: suc:h rates as {shall ~),. dctorRtil!od v.'ithi]l tho dis- J~q and :im~n-o,.,inq ]aq(i:: For par'k nu~:}w::c's; and ~:ha].]. said (~('{ ;lll,J'{ ('o'J') 'Ct-('( JtlllU,~,'/.}. ad V;I](b!'("ql [ 'tXOS ill Llll ' ',"' Sa.id ]*OllQil] 4lnd ';tiJ A.i <.:_i ,.'N~ I.<) j~,.:y [.}lq <tnqLlL!} _i l~t.c'A~..-,L prey.ldo a sinking L,Hid to pay said bonds at maturitl'? PR. OI?()S ]. TIlON' NO. Sha].]. Lhc'- City C. ou:acil of aaJd Cit:y ].)~ m.ukhorized tlc J[u~n(, l. hc~ bonds off ~,.:tid Ci.[:y~ :it~ one o~ moFcz :~e~J. es or ].:;[;u(n~, in Lhe aggro(!aL:e !)rlnci}~al amount oJ: $850 wi t'h thc bonds of each such :;eries or issue, r'ospechivo- ly, to matuze seriall, y within not ho exceed 40 years from their date~ and to be scad at such prices and bear inter- est a'h suet rates as shaA1 be determined within ~he dis- crehion of the Ciey Council, for the purpose of improving and extendinq the Ciky's Airport; and shall, said Ciey Council be: tn :hori"~,('t to low.. [',,~..d cause to be assessed and co].techcd a:nnua]_ ed valorem 'hexes ill an amount suffi- cJ. ent to Nay the annual interest on said bends and pro- vide a sinking ~und to pay said bonds at maturity? PROPOSITION NO. 4 Shall ~he City Cot]ncil ef said City be au. hherized to issue %he bonds of said City, in one or more series er issues, in the aggregate principaA amount of $6,000,000, wi.%h the bor:~,s or each such series or issue, respectively, %o mature soriei]_} within no~ to exceed 40 years from [heir date, a]~d to be sold at such prices and bear inter- es% at such rates as shall be determined within the discre- tion ef the City Council, fur the purpose ef improving and extending si:id City's Naterworks System, with said bonds ~o be secured by and payable from a lien on and pledge of the Net Revenues of said City's Waterworks and Sewer System? PROPOSITION NO~ Shall the City Council o~ said City be authorized to issue the bends o~ said City, in eno or mere series or issu. es, in %1,o aggregaue p~inciNal amount o~ $9,000,000, wi_th %he tends of each such series or issue, respectively, to mature serially within no't to exceed 40 years from ~heir date, and ~o be sold at such prices and bear inCur- est at such rates as shall be de%ermined within the discxcn- tion of %he City Council, for the purpose o~ improving and extending said City's Sewer System, with said bonds to be secured by and payable front a Zion on and pledge of the Ne'h Revenues ef said City's Waterworks and Sewer Sys[em? 7. That the official ballots for said election shall be pre-- pared in accordance with the Texas Election Code so as to permit {the electors ko vote "POR" or "AGAINST" the aforesaid PROPOSiTiONS, which shall he set forth in substantially the fei_lowing form: PROPOSITION NO. ]_ FOR ) ) THE ISSUANC. E ON $8,700,000 OP STREET ) AND Dt~d_NA(]E GfJNEL~iL OSLiiGATiON BONDS AGAINST ) PROPO~XTION NO. 2 FOR ) ) ']'Nil: ~SSUANCE ON }}qSO,O00 OF PARK ) Gi,NiJi¥"~L O]3.I.,J_(JA'21O;I SOL;DS ; FOR )' } !TILE } iGENERAL OBLIGATION P. ONDS lmOPOS]-T]:ON XO. 4 ) 2'llN ISSUANCE OF $6,000,000 OF WATER- AGA I N S' ' ) PROPOSITION NO. 5 .... ~.~.~50P $9,000 000 OF SENER ) > x2 S I J:,-'~ RE \?.E: ['< UE 8. '~knt it is hereby £ound and determined that the probable period[ of u:3efu!N, ess ef the Dr¢:q}osed imp]?ovements covered by the a.{orosaid ,IPNOPOoIlIO~S is 30 years. 9. Tl~a'h Article 19, Sec. 9.02 of %.he City Charter contains du.. zol!ow:~_::g provision and requires this election ordinance u~_nctly seecifv: "(6) ~; oec-emn~nec].en of the net debt of ~he Cit:v after ,.)oq .... tin~`~''~ au-thorixed, toget~er with declarati.o.h that thio bonds therebv authorized will be wi-t]l- ..... D~e~c;_~oed. by the Cc)ns~m--' ~n{'. laws of :the State of Texas. ; and Article 9, Section 9.0d. (b) provides thai:: "In no even~_ shall fore no such eetermznaPc~on is required 'to include tile }evenue bonds hereJ::above submktted. As to the general obligation bends ]lcreJn ])rops_~;ed to bo ' '-~'~--,: - · - - sub~:,zutc_o tile determination ].s hereby made that the ne¢ debt of ti~e City after tile issuance of said bLnds wi}'l be nec n:ore t. han i;17 078,000 and Ji~_ is herobv '-' ..... said ri.c_. ...... ....... r; 1 oblinatJeh bonds will be within ail.], d~bt and ~-~ u~,u~en.~ prescribed!by the Co~Ss'tituti. on and laws of the Seato J. cxas. Motion was made by Ay~r, seconded .by Neu LhaL the Ordinance be passe.d with the fol]owin, g change: (A) Propos~,Li0n #l! under paragraph 7 to read for street and drainage general obligation bonds. On roil call vote Ram~y voted "aye", Chambers voted "aye", Ayer voted "aye", Neu voted "aye" and Finley voted "aye". Motion carried. 7. The fo]lowing Res0lutfon was presented': T A REGULAR MEETING OF THE CITy COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF $AID CITY ON THE'28TH DAY OF DECEMBER, A. D. 1971, AND THE COMMISSIONER'S COURT HELD oN THE 20TH DAY OF DECEMBER, A. D. 1971. ',ESOLUTION WHEREAS, the Library .<ystems Act of 1969, codified as House Bill 260 was enacted by the 61st Legislaiure of the State of Texas to enable statewide improvement of local libraries; and D~ember 28, 1971 Continued WHEREAS, the Emily Fowler Public Library, a ,iointly operated City-County Library of Denton, Denton County,, Texas, is a member of said State Library System as a member of said Fort Worth Area Library System; and WHEREAS, through local services the Emily F~wler Public Library serves in addition to the Denton area, the Cities of Bowie, Decatur, Henrietta and Lewisville; and WHEREAS, such services provided to these assigned libraries include: reciprocal borrowing wi th Lewisville; donations of duplicate books; reference service available beyond the local collection with North Texas State University and Texas Woman's University Libraries; all circulation materials available for loan to Size III Libraries; annual visit with consultant service on written request; typed lists of Books Added available; and WHEREAS, because of the availability of such services the Texas Library and Historical Commission has authorized the designation of the Emily Fowler Public Library as an Area Library under the Library Systems Act, 1969 and as an LSCA II Library; and WHEREAS, such designation will be to the mutual best interests of the County of Denton, City of Denton and the inhabitants thereof; NOW THEREFORE, BE IT RESOLVED that such designation be gratefully accepted in fulfillment of the desire of continually improving said services to its patrons. PASSED AND APPROVED this 20th day of December, A. D. 1971, by the Commissioner's Court of the County of Denton, Texas. COMMISSIONER'S COURT BY: Is/ TOM TODD, COUNTY JUDGE PASSED AND APPROVED this 28th day of December, A. D. 1971, by the City of Denton~ Texas. CITY OF DENTON, TEXAS BY: /s/ ALEXANDER M. FINLAY, JR., MAYOR Motion was made by Neu, seconded by Ayer that the Resolution be passed. On roll call vote Chambers voted "aye", Ramey voted "aye", Ayer voted "aye", Neu voted "aye" and Finlay voted "aye". Motion carried. 8. The Council discussed the Quit Claim Deed request of Leon McNatt for the quit claiming of an alley between Elm and Locust on Parkway Street. Motion was made by Neu, seconded by Ayer that the matter be tabled for further study. Motion carried. 9. Motion was made by Neu, seconded by Ramey that a consultant for the Airport Master Plan be Shemik, Roming, Jacobs & Finklea of Dallas, subject to approval of contract terms. Motion carried. 10. Motion was made by Chambers, seconded by Neu to discuss purchasing procedures for payment, and to approve the following payments: Bill Utter Ford Company ....... $1,056.26 Shaw Equipment Company ........ $2,000.00 Travelstead Auto Supply ....... $1,009.86 Motion carried. Meeting adjourned at 9:00 p.m.