Minutes February 21, 1995 NOTE: Pages 382 thru 384 intentionally left blank.
CITY OF DENTON CITY COUNCIL MINUTES
February 21, 1995
The Council convened into a Closed Meeting on Tuesday, February 21,
1995 at 5:15 p.m. in the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Cott, Perry, Miller and Smith.
ABSENT: Council Member Chew
5:15 p.m.
The Council considered the following in Closed Meeting:
ae
Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Discussed procedures for utilizing options under
Section 13 of the Power Sales Contract.
Considered settlement offer in City of Denton v.
Juren and Alexander.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Ce
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
1. Discussed City Attorney applicants and selection
process.
The Council convened into the Work Session on Tuesday, February 21,
1995 at 6:00 p.m. in the city Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Cott, Perry, Miller and Smith.
ABSENT: Council Member Chew
6:00 p.m.
1. The Council received a report, held a discussion and gave
staff direction regarding a request from the Town of Bartonville to
release a 23 acre tract located on the southwest corner of FM 407
and FM 1830 from Denton's extraterritorial jurisdiction.
Harry Persaud, Senior Planner, indicated that the City had received
a request from the Town of Bartonville to release a 23 acre tract
of land located on the southwest corner of FM 407 and FM 1830 from
Denton's extraterritorial jurisdiction. The request originated
from a petition received by the Town of Bartonville from Tony Riley
requesting Bartonville annex the indicated property. The petition
from Mr. Riley excluded a business located on the corner of the
property. There was a Lone Star Country Corner located at the
corner of FM 407 and FM 1830. Mr. Riley's objective was to be able
to sell beer and wine at that location. In 1990 a similar request
was made to the City of Denton. At that time, Council gave
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City of Denton City Council Minutes
February 21, 1995
Page 2
direction that it might consider releasing the tract of land
provided the City of Argyle and Town of Bartonville could agree on
apportionment of the area. After working with those two cities for
two and a half years, no agreement had been reached. Council
informed staff to not release the property from the City's ETJ
without compelling reasons. Nothing had changed with the situation
except that Mr. Riley was now the new owner of the tract of land.
Area residents in the past were opposed to the annexation as they
wanted to remain in the City's ETJ. Another issue to consider was
the fact that the County had recently contacted staff that they
would be beginning work on improvements on FM 407. The County in
conjunction with the State would redesign the intersection of FM
407 and FM 1830. The County had expressed concern that releasing
land in the ETJ to Bartonville might delay the project. The
attorney representing the Town of Bartonville suggested that if the
City released the 23 acres, it could establish a contiguous
boundary line for ETJ purposes through FM 407. In 1981 the City of
Denton signed an apportionment agreement giving the City of Argyle
all of the land from the center line of FM 1830 west and from the
center line of FM 407 north. Staff felt that there was no
compelling governmental reason to release the property at this
time.
Mayor Castleberry indicated that letters had been received both for
and against this issue and Council had copies of those letters.
Council Member Smith stated that as the situation had not changed
since the Council's last decision to keep the area in the City's
ETJ and as that was the staff's recommendation, she agreed with
that recommendation.
Smith motioned, Brock seconded to retain this area in the City's
ETJ. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
The Council reconvened into the Closed Meeting at 6:10 p.m.
The Council convened into a Regular Meeting on Tuesday, February
21, 1995 at 7:00 p.m. in the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Cott, Perry, Miller and Smith.
ABSENT: Council Member Chew
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
City of Denton City Council Minutes
February 21, 1995
Page 3
387
2. The Council considered approval of the minutes of January 3,
January 10, and January 17, 1995.
Council Member Smith asked that the meeting of January 3, 1995 be
considered separately as she was not present for that meeting.
Brock motioned, Perry seconded to approve the minutes of January 3,
1995. On roll vote, Brock "aye", Cott "aye", Miller "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously
with Council Member Smith abstaining as she was not present for the
meeting.
Smith motioned, Perry seconded to approve the minutes of January 10
and January 17, 1995. On roll vote, Brock "aye", Cott "aye",
Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
Mayor Castleberry presented the Yard of the Month awards to:
Wendy's
Women's Club
Judy Lawhorn
Teri and Dick Smith
3. The Council received and opened bids regarding city of Denton
Certificates of Obligation, Series 1995.
Joe Dodd stated that he understood that certificates of obligation
were backed up by property tax. He thought that the City could not
issue over $1 million through that medium to buy items for the City
but apparently was incorrect. Section 7.06 of the Charter provided
that the City could perform any act which State law indicated was
legal. The City also had a contract with the citizens of Denton
regarding revenue bonds. He understood revenue bonds were
different but to buy land for a landfill should be a revenue bond
process as opposed to certificates of obligation. If revenue bonds
were considered over $1 million, the process should go before the
citizens for a vote. It was not right to issue these bonds without
citizen approval as it looked like the City was trying to avoid
having the voters involved in the process.
David Medanich, First Southwest Company, indicated that there were
six bids for the certificates of obligations and five bids for the
general obligation bonds. He presented the Council with a document
which included a tabulation sheet for the bids and additional
information indicating the history of bond sales for the City plus
the ratings from the bond companies. The following companies had
submitted bids with effective interest rates:
A. G. Edwards - 5.9075
Merrill Lynch - 5.93
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City of Denton City Council Minutes
February 21, 1995
Page 4
Principle Financial Securities - 6.011
Smith Barney Shearson - 5.9007
Service Asset Management - 5.9944
Nations Bank - 5.9062
Medanich indicated that it appeared that the bid from Smith Barney
was the lowest bid. He indicated that all of the bids appeared to
be within the bidding parameters and were submitted on time with
good faith checks.
4. The Council received and opened bids regarding City of Denton
General Obligation Bonds, Series 1995.
David Medanich, First Southwest Company, opened the bids from the
following companies and read the effective interest rates:
A. G. Edwards and Sons, Inc. - 5.8595
Merrill Lynch - 5.8865
Service Asset Management Co. - 5.96294
Smith Barney - 5.9851
Nations Bank - 5.9397
It appeared that the bid from A. G. Edwards was the best bid. He
would check the figures before the Council adopted the ordinance.
5. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance amending Condition No. 3 of Ordinance 84-50
(adopting Planned Development 72) to allow the public maintenance
of flood plain open space. The 9.15 acre tract was located east of
and adjacent to Bell Avenue. The entire planned development of
127.484 acres was located roughly near the confluence of Windsor,
Locust, Hercules and Bell Avenues. (The Planning and Zoning
Commission recommended approval 7-0.)
Frank Robbins, Executive Director for Planning and Development,
stated that this was a basically a housekeeping issue. The change
affected the flood plain open space. The City already owned the
area and maintained the area. The original ordinance indicated
that the area had to be privately maintained. That was no longer
applicable as the City owned the property.
The Mayor opened the public hearing.
No one spoke in favor.
No one sDoke in opposition.
The Mayor closed the public hearing.
City of Denton City Council Minutes
February 21, 1995
Page 5
389
The following ordinance was
considered:
NO. 95-031
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CONDITION
NUMBER 3 OF PLANNED DEVELOPMENT NO. 72 (PD-72) AS DEFINED IN
ORDINANCE 84-50, TO ASSUME RESPONSIBILITY OF THE FLOODWAY/OPEN
SPACE AREA THEREIN LOCATED; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Brock seconded to adopt the ordinance.
Council Member Cott asked if it was possible to use property in
other areas of the city in a similar manner.
Robbins stated that there were areas where drainage was the issue
which was a different issue than what was being considered with
this ordinance.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
6. The Council considered adoption of an ordinance authorizing
the issuance, sale, and delivery of city of Denton Certificates of
Obligation, Series, 1995 and approving and authorizing instruments
and procedures relating thereto.
Rick Svehla, Deputy City Manager, stated that these were
certificates of obligation as opposed to revenue bonds. Even if
these were revenue bonds, the Council had a legal opinion from bond
counsel indicating that State law would supersede those issues
regarding an election.
Kathy DuBose, Executive Director for Finance, stated that this
ordinance would authorize the sale, issuance and delivery of
certificates of obligation, Series 1995. Those certificates of
obligation were in the amount of $2 million to be used for the
development of a new landfill.
The following ordinance was considered:
NO. 95-032
ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY
OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1995, AND
APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING
THERETO.
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February 21, 1995
Page 6
Perry motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
7. The Council considered adoption of an ordinance authorizing
the issuance, sale, and delivery of City of Denton General
Obligation Bonds, Series 1995 and approving and authorizing
instruments and procedures relating thereto.
Kathy DuBose, Executive Director for Finance, indicated that the
bonds were to be used for capital improvements for 1995 including
street, park and drainage improvements.
The following ordinance was considered:
NO. 95-033
ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY
OF DENTON GENERAL OBLIGATION BONDS, SERIES 1995, LEVYING THE
TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND
PROCEDURES RELATING THERETO.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
8. Consent Agenda
Perry motioned, Smith seconded to approve the Consent Agenda as
presented. On roll vote, Brock "aye", Cott "aye", Miller "aye",
Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
A. Bids and Purchase Orders:
2.
3.
4.
5.
6.
Bid #1695 - Sale of Land (Well Site No. 8)
Bid #1725 - Water Treatment Chemicals
Bid #1720 - Fleet Vehicles
Bid ~1714 - Fork Lift
Bid #1710 - Reroofing of Multiple Facilities
Bid ~1716 - Heavy Equipment Mechanic
9. Consent Agenda Ordinances
Council considered Consent Agenda Ordinances 9A-9C. Smith
motioned, Perry seconded to adopt those ordinances. On roll vote,
Br~k "~y~"~ ~ "~y~"~ ~ill~r "ay¢"~ Smith "aye"~ Perry "aye"~
and Mayor Castleberry "aye". Motion carried unanimously.
City of Denton City Council Minutes
February 21, 1995
Page 7
391
A. 95-034
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES,
OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE. (8.A.2. - Bid #1725,
8.A.3. - Bid #1720, 8.A.4. - Bid #1714)
B. NO. 95-035
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE. (8.A.5. - Bid #1710, 8.A.6. - Bid #1716)
C. NO. 95-036
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A
CONTRACT PROVIDING FOR THE SALE OF CERTAIN REAL ESTATE OWNED
BY THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE.
(8.A.1. - Bid #1695)
10. Ordinances
A. The Council considered adoption of an ordinance amending
portions of Chapter 34, Article III, Division 3 relating to
required improvements and general design standards for land
development; and providing for the allowance of a thirty foot
maximum drive for single or two family use for residences which
have a three car garage. (The Traffic Safety Commission and the
Planning and Zoning Commission recommended approval.)
Jerry Clark, Director of Engineering and Transportation, stated
that this ordinance would provide a specific amendment to assist
individuals in the construction of their driveways. The limit of
20' was not necessary and currently individuals were required to go
through a variance procedure for a longer driveway.
The following ordinance was considered:
NO. 95-037
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF CHAPTER 34, ARTICLE III., DIVISION 3 RELATING TO REQUIRED
IMPROVEMENTS AND GENERAL DESIGN STANDARDS FOR LAND
DEVELOPMENT; PROVIDING FOR THE ALLOWANCE OF A THIRTY (30) FOOT
MAXIMUM DRIVE FOR SINGLE OR TWO FAMILY USE FOR RESIDENCES
WHICH HAVE A THREE CAR GARAGE; PROVIDING FOR A REPEAL OF ANY
ORDINANCE IN CONFLICT THEREWITH; PROVIDING FOR A SEVERABILITY
PROVISION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$200.00 FOR VIOLATIONS OF THE PROVISIONS HEREOF; AND PROVIDING
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City of Denton City Council Minutes
February 21, 1995
Page 8
FOR AN EFFECTIVE DATE.
Cott motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance
prohibiting the parking of vehicles on portions of Shady Oak Road.
(The Traffic Safety Commission recommended approval.)
Jerry Clark, Director of Engineering and Transportation, stated
that this request located at the intersection of Shady Oaks and
Woodrow Lane. The road carried a lot of traffic and a traffic
signal warrant had been met. The signal would be installed during
the summer. The no parking area would allow for a right and left
turn lane.
The following ordinance was considered:
NO. 95-038
AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON PORTIONS
OF SHADY OAK ROAD; PROVIDING A PENALTY OF A FINE NOT TO EXCEED
TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY
CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE.
Perry motioned, Cott seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance amending
Section 18-109 of Chapter 18 of the Code of Ordinances by adding
subsection 22 to Section 18-109 (a) which would provide two
handicapped parking spaces on Mulberry. (The Traffic Safety
Commission recommended approval.)
Jerry Clark, Director of Engineering and Transportation, stated
that the First United Methodist Church had requested the spaces as
which were located at the handicapped access to the Church.
The following o~dinance wa= con=ide~ed:
NO. 95-039
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION
18-109 OF CHAPTER 18 OF THE CODE OF ORDINANCES BY ADDING
SUBSECTION 22 TO SECTION 18-109 (a) WHICH WILL PROVIDE TWO
HANDICAPPED PARKING SPACES ON MULBERRY; PROVIDING A PENALTY OF
A FINE NOT TO EXCEED TWO HUNDRED DOLLARS;($200.00); PROVIDING
A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT
City of Denton City Council Minutes
February 21, 1995
Page 9
393
HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN
EFFECTIVE DATE.
Smith motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
D. The Council considered adoption of an ordinance creating
two fifteen minute parking spaces in the 200 block of West Hickory.
(The Traffic Safety Commission recommended approval.)
Jerry Clark, Director for Engineering and Transportation, stated
that this was a request from Main Street and Rama's Courtyard. The
new location for the restaurant needed the fifteen minute parking
spaces for their carry-out lunch business.
Council Member Smith asked if the spaces would be fifteen minutes
for the entire day or only during working hours.
Clark replied that the fifteen minute time limit would be from 8:00
a.m. - 5:00 p.m. Monday through Friday.
The following ordinance was considered:
NO. 95-040
AN ORDINANCE CREATING TWO FIFTEEN MINUTE PARKING SPACES IN THE
200 BLOCK OF WEST HICKORY; PROVIDING A PENALTY OF A FINE NOT
TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A
SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN
EFFECTIVE DATE.
Smith motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
E. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement between the
City of Denton and Fred Moore Child Care Center, Inc. to provide
for Community Development funding of construction improvements.
Frank Robbins, Executive Director for Planning and Development,
stated that the contract was for $200,000 of Community Development
Block Grant funds for major improvements at the Center. One
stipulation of the contract was that the property had to be used as
it was today for at least 10 years.
Council Member Cott stated that ten years from now HUD and CDBG
funds would not be available.
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City of Denton City Council Minutes
February 21, 1995
Page 10
Robbins replied that this would be a use of existing dollars and
not future dollars.
The following ordinance was considered:
NO. 95-041
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
DENTON AND FRED MOORE CHILD CARE CENTER, INC. TO PROVIDE FOR
COMMUNITY DEVELOPMENT FUNDING OF CONSTRUCTION IMPROVEMENTS;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, NOT TO EXCEED
$200,000; AND DECLARING AN EFFECTIVE DATE.
Brock motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor C~stleberry "aye". Motion carried unanimously.
11. Resolutions
A. The Council considered approval of a resolution
authorizing the submission of an application to the Office of
Community Oriented Policing Services of the United States
Department of Justice requesting funding for the accelerated
hiring, education, and deployment of three new police officers for
community policing.
Mike Jez, Chief of Police, stated that this resolution would
authorize the City Manager to submit a grant request for $359,938
for the hiring of three additional officers for the community
policing project.
The following resolution was considered:
NO. R95-018
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
SUBMISSION OF AN APPLICATION TO THE OFFICE OF COMMUNITY
ORIENTED POLICING SERVICES FOR THE UNITED STATES DEPARTMENT OF
JUSTICE REQUESTING FUNDING FOR THE ACCELERATED HIRING,
EDUCATION, AND DEPLOYMENT OF THREE (3) NEW POLICE OFFICERS FOR
COMMUNITY POLICING; AND PROVIDING AN EFFECTIVE DATE.
Miller motioned, Perry seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council ~on~idered .approval of a resolution
authorizing support for appointment of a representative from North
Central Texas to the Texas Transportation Commission.
City of Denton City Council Minutes
February 21, 1995
Page 11
Rick Svehla, Deputy City Manager, stated that Council Member Miller
had received this resolution from the Regional Transportation
Committee in an effort by the Council of Governments to urge the
Governor to appoint a representative from the North Texas area to
the Highway Commission. Currently the three member Commission had
members from other regions of the State and North Texas was not
represented. It was felt that it was very important to have a
representative from this area.
The following resolution was considered:
NO. R95-019
A RESOLUTION AUTHORIZING
REPRESENTATIVE FROM NORTH
TRANSPORTATION COMMISSION;
DATE.
SUPPORT FOR APPOINTMENT OF A
CENTRAL TEXAS TO THE TEXAS
AND PROVIDING FOR AN EFFECTIVE
Miller motioned, Perry seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
12. The Council considered nominations/appointments to the
Juvenile Crime Interagency Coalition.
Harlan Jefferson, Director of Treasury Operations, stated that on
February 7th, Council started the process of selecting members to
this Coalition. There were seven outstanding members to still be
selected. The two at-large positions were appointments by the
Council.
Council Member Miller nominated Charlie Cole for an at-large
position.
On roll vote for Charlie Cole for an at-large position, Brock
"aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
Mayor Pro Tem Brock motioned to approve the two additional names on
the list. On roll vote, Brock "aye", Cott "aye", Miller "aye",
smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
13. The Council considered a nomination to the Keep Denton
Beautiful Board and the Traffic Safety Commission.
Council Member Chew was not present at the meeting to make a
nomination to the Keep Denton Beautiful Board.
Council Member Miller indicated that he was not ready to present a
nomination at this time.
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City of Denton City Council MinUtes
February 21, 1995
Page 12
14. Miscellaneous matters from the City Manager.
Rick Svehla, Deputy City Manager, indicated that he did not have
any items for the Council.
15. There was no official action taken on items discussed during
the Work Session Closed Meeting.
16. New Business
The following items of New Business were suggested by Council
Members for future meetings:
A. Council Member Smith indicated that the Council's Adopt-
A-Spot needed cleaning and asked for a date when the Council could
gather to clean the area. Consensus of Council was that Monday,
February 27th would be a good date.
B. Council Member Perry praised those attending the bond
rating trip for the good job they did for the City.
17. The Council did not meet in a Closed Meeting during the
Regular Session.
With no further business, the meeting was adjourned at 7:55 p.m.
C~IFE~ WALTERS, CITY SECRETARY
O~DENTON, TEXAS
ACC00254