Minutes April 06, 2004CITY OF DENTON CITY COUNCIL MINUTES
April 6, 2004
After determining that a quorum was preseN, the City Council convened in a Work Session on
Tuesday, April 6, 2004 at 4:30 p.m. in the Council Work Session Room.
PRESENT:
Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill,
Montgomery, and Thomson.
ABSENT: Council Member Redmon
1. The Council received a report, held a discussion and gave staff direction on an Ethics
Policy and Amendments to the Code of Elections Ethics for the City of Denton.
Dottie Palumbo, Assistant City Attorney, presented a draft of the ethics policy and an
amendment to the Code of Elections Ethics.
Council discussion included:
· Prepare packets that contain all of the ethics documents for interested individuals.
· The proposed policy was drafted as a positive documeN.
· There were already constrains imposed from the federal, state and local levels.
· Consider a recommendation to have council candidates include a coNributor's business
or affiliation on the state form.
Consensus of Council was to proceed with placement of the proposed ordinance on a future
agenda for consideration.
2. The Council received a report, held a discussion and gave staff direction regarding the
City of Denton's Emergency Management Program.
Ross Chadwick, Fire Chief, preseNed an update of the emergency managemeN program.
Citizen expectations for emergency management included an alert of citizens in advance of a
disaster, the ability to adequately protect life and property, and to quickly and accurately assess
the magnitude of all emergencies. Emergency management goals were to save lives, care for
casualties, limit further casualties, limit further damage to structures and the environment,
reassure and care for the public and restore the area to normal as soon as possible.
Council Member Redmon arrived at the meeting.
Chadwick coNinued with a matrix detailing poteNial disasters and the likelihood of occurrence
in the City with the top three being flash flooding, tornado, and terrorism. He reviewed the
readiness levels and the progression of authority from the local level on up to the state level. He
reviewed the City's emergency plan that included the basic plan and annexes associated with the
plan.
3. The Council received a report, held a discussion and gave staff direction regarding the
City of DeNon utility billing life cycle and associated customer issues.
City of DeNon City Council Minutes
April 6, 2004
Page 2
Charles Atkinson, Customer Service Manager, stated that with the implementation of the penalty
and interest for delinquent accounts, a small percentage of customers had voiced concerns with a
variety of billing issues. Those concerns included billing timeline, penalty charge amoums,
umimely mailing services, customer choice for billing due dates and new bill format. He
detailed the billing timeline and associated procedures for delinquem accoums.
Council discussions
· History of delinquencies after implememation of penalty and imerest
· Process for verifying accuracy of bills
· Mailing procedures for the bills
· Paymem methods-check, bank draft, cash
· Circumstances for charging deposits
· Investigate eliminating manual checks for bills
4. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the meeting of April 6, 2004.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider the specific items listed below.
1. The following were considered in Closed Meeting:
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Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section
551.071
Receipt of legal advice from the City Attorney regarding the award of
Special Commissioners and procedural options in condemnation
proceedings styled The City of Denton v. Gary Jay Madrigal and Rosanne
Madrigal, Cause No. ED-2003-00098 pending in the Probate Court of
Denton County, Texas.
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Deliberations regarding personnel matters - Under TEXAS GOVERNMENT
CODE Section 551.074.
Deliberated and discussed employmem evaluation of the City Manager,
City Attorney, and Municipal Court Judge relating to the establishment of
performance measures for such City Council appoimees, including matters
relating to duties and discipline.
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Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section
551.071.
Discussed and considered legal issues concerning Charter
Communications d/b/a Marcus Cable Associates, L.L.C, ("Charter") in
negotiations with Charter concerning the Charter Franchise Renewal and
the City of Denton's participation in the Charter Consortium of Cities,
City of Demon City Council Minutes
April 6, 2004
Page 3
where to discuss these legal issues concerning the above stated matters
with the attorneys in public would conflict with the duty of the City's
attorneys to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas and would jeopardize the
City's position in administrative proceedings or in potential litigation.
Regular Meeting of the City of Demon City Council on Tuesday, April 6, 2004 at 6:30 p.m. in
the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
Karen Rhodes, Director of Budget and Research-City of Plano, presemed the Certificate of
Achievemem of Excellence for the Comprehensive Annual Financial Report.
Mayor Brock presented proclamations for "USA Gymnastics Collegiate National Championship
Days" and "Safe Cats Week in Denton".
B. Recognition of staff accomplishmems
City Manager Conduffpresemed staff accomplishmems to the Council.
3. CITIZENS REPORTS
A. The Council received citizen reports from the following:
Carl Young, Sr. regarding invitation to Annual Easter Egg Hunt and
concern regarding the rental of a meeting room by the Vietnam Veterans
of America.
Mr. Young invited the Council to attend the annual Easter Egg Hum at Fred Moore Park. He
also stated a concern regarding the rental of a meeting room by the Vietnam Veterans of
America. The group was having difficulty reining a meeting room at the American Legion.
2. Peternia Washington regarding responsive government part 4.
Ms. Washington again made comments regarding the Denton Housing Authority and the
resignation of Ms. Mister. She also commented on how appointments were made to the
Authority.
3. Willie Hudspeth regarding minority hiring and the tree ordinance.
Mr. Hudspeth was not presem at the meeting
City of DeNon City Council Minutes
April 6, 2004
Page 4
4. CONSENT AGENDA
Council Member Kamp requested that Item Q be pulled for separate consideration.
Shawn Faulkner, 2713 Nesbitt Drive, Denton, spoke on item 4K - speed limits on Teasley Lane.
He felt the proposed speed limits were still too high on Teasley Lane as there was no left turn
lane imo his subdivision.
Burroughs motioned, Montgomery seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of item Q. On roll vote, Burroughs "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
Item 4Q was considered.
Council Member Kamp stated that she wanted to pull the item to show public support for the
University of North Texas.
Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
2004-096 - An ordinance directing the publication of Notice of Intention to issue
Certificates of Obligation of the City of DeNon; and providing for an effective
date.
2004-097 - An ordinance of the City Council of the City of DeNon, Texas
authorizing the City Manager to execute a Professional Services Agreemem with
R. J. Covington Consulting, LLC for consulting services relating to Task Order
No. 04-B, providing for DeNon Municipal Electric Rate Design and Study;
authorizing the expenditure of funds therefor; and providing an effective date.
R2004-013 - A resolution of the City of DeNon, Texas authorizing an application
for designation as a "Preserve America" Community and endorsing the goals of
the "Preserve America" program; and providing for an effective date.
2004-098 - An ordinance accepting competitive bids and awarding a comract for
the purchase of wood grinding services for the City of DeNon Compost Facility;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3140 - Wood Grinding for Compost Facility awarded to Thelin Recycling
Company, L.P. in the amoum of $.889 per cubic yard).
2004-099 - An ordinance accepting competitive bids and awarding a comract for
the purchase of skate park ramps and equipmem for the City of DeNon Parks
Department; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3146 - Skate Park Ramps and Equipmem awarded to
Kraftsman Playground and Park Equipmem in the base bid amoum of $29,890
plus alternates 2, 4 and 6 in the amoum of $2960 for a total amoum of $32,850).
City of Denton City Council Minutes
April 6, 2004
Page 5
R2004-014 - A resolution of the City of Demon, Texas authorizing the Public
Utility Commission of Texas to set the access line rate at the new CPI-Adjusted
Maximum rate to be paid to the City by Certificated Telecommunications
Providers pursuam to Chapter 283 of the Texas Local Governmem Code, ("HB
1777"), and providing an effective date.
Approved tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
2. Chicago Title Duplicate Payment 2003 604.04
3 ~iM ~g~ g~ D~Pl~at~ Payment 2003 ~2
4. Davis, Brian & Bobbi Duplicate Payment 2003 731.06
6. Fidelity National Title Duplicate Payment 2003 694.40
8. Foretravel of No~h Texas Duplicate Payment 2003 3,557.79
~ an~ ¢~i~at~ ~ay~nt ~003 ~58 5
!0: Hext?Fai[ Title Duplicate Payment 2003 747.57
12. Meyers, Nina Duplicate Payment 2003 520.85
3 ~ Eau~d~at CAD Sup~l~a 2003 85
14. Title Escrow Duplicate Payment 2003 938.77
P ~nt~c~ i ~cat~ pa ~ ~003 5
16. Wells Fargo Duplicate Payment 2003 562.93
~ ~ ~a~g~ D~Pl~at~ Payment 2003 ~0
18. Westdale Carriage Square, Duplicate Payment 2003 1,673.99
Ltd
2004-100 - An ordinance amending and replacing the Emergency Managemem
Plan; providing for the mitigation effects of possible hazards; preparation and
measures to preserve life and minimize damages; preparation for responses during
emergencies and providing for necessary assistance; and developing a system and
processes necessary to return the City of Denton to a normal state of affairs after a
disaster and providing an effective date.
2004-101 - An ordinance amending, repealing and replacing Chapter 9 of the
Code of Ordinances "Emergency Management"; creating an Office of Emergency
and Disaster Management, Director of Disaster and Emergency Services, and
other offices; providing for an Emergency Management Plan, providing
definitions; providing for a declaration of a disaster proclamation; providing for
suspension of laws and the powers of the Mayor during an emergency/disaster;
providing for a penalty not to exceed $2,000 and a civil penalty not to exceed
$5,000 for violation of this ordinance; providing for a severability clause; and
providing an effective date.
City of Demon City Council Minutes
April 6, 2004
Page 6
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2004-102 - An ordinance of the City of Demon, Texas terminating that certain
airport lease dated November 6, 2001, by and between the City of Demon, Texas
and Paul Bridges; authorizing the City Attorney or his designee to take
appropriate legal action, if necessary to effectuate the termination; and providing
an effective date.
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2004-103 - An ordinance of the City of Demon, Texas, repealing ordinance
number 96-273 and amending Chapter 18 of the Code of Ordinances by adding
Section 18-73; altering the prima facie speed limits established for vehicles under
the provision of Transportation Code, Section 545.356 upon Teasley Lane or FM
2181 or parts thereof, within the incorporate limits of the City of Denton;
providing a penalty not to exceed $200.00; providing a severability clause,
providing for publication; and declaring an effective date.
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2004-104 An ordinance authorizing the Mayor to execute an Interlocal
Cooperation Agreemem between the City of Demon and Demon County for the
impoundmem and disposition of dogs and cats and the collection of fees pursuam
to the provisions of said agreement; and providing for an effective date.
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2004-105 - An ordinance of the City of Demon, Texas amending Chapter 21,
Article I of the Code of Ordinances of the City of Demon by adding a section
prohibiting soliciting near automated teller machines which are located in public
places; providing a savings clause; providing a severability clause; providing a
penalty not to exceed five hundred dollars; and declaring an effective date.
N. Approved the minutes of March 2, and March 23, 2004.
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2004-106 - An ordinance of the City of Demon, Texas authorizing paymem of the
award of Special Commissioners into the Registry of the Court in condemnation
proceeding styled The City of Denton, Texas v. Gary Jay Madrigal and Rosanne
Madrigal, Cause No. ED-2003-00098 pending in the probate court of Demon
County, Texas; and declaring an effective date.
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2004-107 - An ordinance authorizing the City Manager to execute change order
number one to the contract between the City of Denton and Techline, Inc.;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3043 - Annual Price Agreemem for Electric Distribution Cables Change
Order Number One in the estimated amoum of $100,000).
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R2004-015 - A resolution by the City Council of the City of Demon, Texas,
supporting the efforts by the University of North Texas to gain membership in
Conference USA; and providing for an effective date.
5. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of ordinances
allowing the negotiation of the best bid for a lease for an Oil and Gas Non-Drill Site/Pooling
Agreemem with the bidders and city owned land:
City of DeNon City Council Minutes
April 6, 2004
Page 7
Dottie Palumbo, Assistant City Attorney, presented the details of the items. The Mack Park site
had only one bidder, HEP Oil company. The City would receive $5,910.50 bonus and a 25%
royalty imerest. No drilling would be allowed on Mack Park and the land would be pooled and
drilled off a well on adjacem property. Trio Consulting and Managemem Company submitted
the only bid for the Lake Forest Park site. The City would receive $15,576.75 bonus and a 23%
royalty imerest. No drilling would be allowed on Lake Forest Park and the land would be pooled
and drilled off a well on adjacem property. Enexco, Inc. submitted the best bid for drilling at the
Airport site. The City would receive $8,400 bonus and a 20% royalty imerest. No drilling
would be allowed on the Airport Open Space Park and the land would be pooled and drilled from
a well on adjacem property.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Burroughs motioned, Kamp seconded to adopt the ordinance for A.1. On roll vote, Burroughs
"aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and
Mayor Brock "aye". Motion carried unanimously.
Burroughs motioned, McNeill seconded to adopt the ordinance for A.2. On roll vote, Burroughs
"aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and
Mayor Brock "aye". Motion carried unanimously.
Kamp
"aye",
Mayor
motioned, Thomson seconded to adopt the ordinance for A.3. On roll vote, Burroughs
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and
Brock "aye". Motion carried unanimously.
2004-108 - An ordinance allowing the negotiation of the best bid for a contract for
an Oil and Gas Non-Drill Site/Pooling Agreemem at Mack Park with HEP Oil
Company, Ltd. and allowing the City Manager to execute a Lease as long as the
Lease is in substamially the same form as the City's Standard Lease; and
providing an effective date.
2004-109 - An ordinance allowing the negotiation of the best bid for a contract for
an Oil and Gas Non-Drill Site/Pooling Agreement at Lake Forest Park with Trio
Consulting & Management, L.L.C. and allowing the City Manager to execute a
Lease as long as the Lease is in substamially the same form as the City's Standard
Lease; and providing an effective date.
2004- 110 - An ordinance allowing the negotiation of the best bid for a contract
for an Oil and Gas Non-Drill Site/Pooling Agreement at the Airport Open Space
Park with Enexco, Inc. and allowing the City Manager to execute a Lease as long
as the Lease is in substantially the same form as the City's Standard Lease; and
providing an effective date.
City of DeNon City Council Minutes
April 6, 2004
Page 8
B. The Council held a public hearing and considered adoption of an ordinance
approving a Detailed Plan for Planned Developmem 115 (PD-115) for approximately 9.1 acres.
The property was generally located at the southwest comer of US Highway 77 and Bonnie Brae.
A church was proposed. The Planning and Zoning Commission recommended approval (7-0).
(Z03-0032, Planned Development 115 - Northlake Baptist Church)
Kelly Carpenter, Director of Planning and Development, presented the details of the proposal. A
10,000 square foot church was proposed. No opposition had been received to the proposal. The
proposed tree canopy exceeded the requirements of the Code as well as the landscaping for trees.
The Planning and Zoning Commission had recommended approval including the proposed 62-
foot high cross.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Mike Allen, represeming the church - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2004-111
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
DETAILED PLAN FOR APPROXIMATELY 9.1 ACRES LOCATED WITHIN
PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT AND GENERALLY
LOCATED AT THE SOUTHWEST CORNER OF US HIGHWAY 77 AND BONNIE
BRAE INTERSECTION AND LEGALLY DESCRIBED AS TRACT 28 IN THE N.
WADE SURVEY ABSTRACT NUMBER 1407; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROViDiNG A SEVERABiLiTY CLAUSE AND AN EFFECTIVE DATE. (Z03-0032)
Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
C. The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of approximately 7.4 acres from a Neighborhood Residemial 2 (NR-2)
zoning district to a Neighborhood Residemial 6 (NR-6) zoning district. The site was located
approximately 370 feet south of Paisley Street, between Audra Lane and Mack Drive. The
Planning and Zoning Commission recommended denial of the request (6-0). (Z04-0004, Laurel
Oaks DevelopmenO SUPER MAJORITY VOTE REQUIRED FOR APPROVAL.
This item was withdrawn at the request of the applicant.
City of Demon City Council Minutes
April 6, 2004
Page 9
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered approval of a resolution of the City of Demon, Texas,
appointing one member and two alternates to the Board of Directors or Executive Committee of
the Denton County Transportation Authority; providing a repealer; and providing an effective
date.
Jon Fortune, Assistant City Manager, stated that the Council had appointed Joe Roy as the City's
representative to the Authority. The Interim Committee had all board members serving the same
term. The last legislative session provided for staggered terms to allow for continuity on the
Board. Mr. Roy had volunteered to resign in order to start the staggered terms. Staff was
recommending that council reappoint Joe Roy to serve a two-year term that would expire in
2005.
The following resolution was considered:
NO. R2004-016
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPOINTING ONE
MEMBER AND TWO ALTERNATES TO THE BOARD OF DIRECTORS OR
EXECUTIVE COMMITTEE OF THE DENTON COUNTY TRANSPORTATION
AUTHORITY; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE
DATE.
Redmon motioned, Montgomery seconded to accept the resignation of Joe Roy, reappoint Joe
Roy with Jon Fortune and Mark Nelson serving as alternates. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance of the City of Demon, Texas
prohibiting parking during certain hours on the east side of Bradshaw Street from its intersection
with Wilson Street north for a distance of approximately 525 feet; providing a savings clause;
providing a severability clause; providing a penalty not to exceed two hundred dollars; and
declaring an effective date.
Lt. Lynn Carter, Denton Police Department, presented the details of the proposal, which was a
joim effort between the citizens living around Fred Moore Park and the Demon Police
Department. This was often a seasonal problem when the weather became warm.
Council discussions:
Process of discussions with the neighbors
History of the problems associated with the park
Target behavioral issues rather than dealing with the parking
Migration of behaviors to other parts of the neighborhood
The following ordinance was considered:
City of Demon City Council Minutes
April 6, 2004
Page 10
NO. 2004-112
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING
DURING CERTAIN HOURS ON THE EAST SIDE OF BRADSHAW STREET FROM
ITS INTERSECTION WITH WILSON STREET NORTH FOR A DISTANCE OF
APPROXIMATELY 525 FEET; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABiLiTY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO
HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
Redmon motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance of the City of Demon, Texas
amending Chapter 16 relating to licenses, permit and business regulations by replacing Article iii
titled Solicitors and Itinerant Merchants in its entirety with a new Article iii; providing a
severability clause; a savings clause; providing for a penalty not to exceed $500 for violations of
this ordinance; and providing for an effective date.
Capt. Joannie Housewright, Denton Police Department, stated that this was the final draft of the
change in the solicitor's ordinance. Major changes included the naming of streets that vendors
could not sell on, exemptions for agricultural vendors and exemptions for organizations that had
a primary membership under the age 18.
The following ordinance was considered:
NO. 2004-113
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 16
RELATING TO LICENSES, PERMIT AND BUSINESS REGULATIONS BY
REPLACING ARTICLE iii TITLED SOLICITORS AND ITINERANT MERCHANTS
IN ITS ENTIRETY WITH A NEW ARTICLE iii; PROVIDING A SEVERABiLiTY
CLAUSE; A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED
$500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
D. New Business
The following item of New Business was suggested by Council for future agendas:
1. Council Member Redmon asked for a discussion with the Police Chief and staff
on addressing solutions for behavioral issues affecting quality of life in Demon
E. Items from the City Manager
City of Demon City Council Minutes
April 6, 2004
Page 11
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
City Manager Conduff did not have any items for Council.
F. Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas
Open Meetings Act.
Council returned to complete the earlier Executive Session.
G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action taken on Closed Meeting items.
With no further business, the meeting was adjourned.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS