The URL can be used to link to this page

020119 Friday Staff Report 4(OF City Manager's Office DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-8307 MEMORANDUM DATE: February 1, 2019 TO: The Honorable Mayor Watts and Council Members FROM: Todd Hileman, City Manager SUBJECT: Friday Staff Report I. Council Schedule A. Meetings 1. City Council Luncheon Meeting on Monday, February 4, 2019 at 11:00 a.m. in the Public Safety Training Facility, Classroom C, at City Hall East, 719 E. Hickory Street. 2. Committee on the Environment Meeting on Monday, February 4, 2019 at 1:30 p.m. in the City Council Work Session Room. 3. Traffic Safety Commission Meeting on, Monday, February 4, 2019 at 5:30 p.m. in the City Council Work Session Room. 4. Work Session of the City Council on Tuesday, February 5, 2019 at 1:30 p.m. in the City Council Work Session Room followed by a Regular Meeting in the Council Chambers at 6:30 p.m. 5. No Agenda Committee Meeting on Wednesday, February 6, 2019. 6. Planning & Zoning Commission on Wednesday, February 6, 2019 at 5:00 p.m. in the City Council Work Session Room. 7. Development Code Review Committee Meeting on Friday, February 8, 2019 at 11:00 a.m. in the City Council Work Session Room. OUR CORE VALUES Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service B. Upcoming Events 1. Denton County Days, February 18-20, 2019, Austin, TX 2. NLC Congressional City Conference, March 10-13, 2019, Washington, D.C. II. General Information & Status Update A. Fire Training Facility Grand Opening—The City of Denton is pleased to announce the completion of the Denton Fire Department Training Facility. The facility offers hands-on training designed to be realistic, effective, and safe for firefighters of all experience levels. All residents and community members are invited to join us at the grand opening ceremony for the Fire Training Facility at 1 p.m. Saturday, Feb. 23. The facility is located at 4201 Vintage Blvd., directly behind Fire Station 7. Please see the attached press release for additional information. Staff contact: Jessica Rogers, Public Affairs B. Additional Seating Capacity for City Council Work Sessions —On Jan. 15, 2019, Council Member Armintor asked if there was a way to ensure available seating capacity for residents in the City Council Work Session Room during meetings. Seating in the Work Session Room is typically at capacity at the beginning of Council Work Sessions because staff are present to answer questions for clarification on the City Council Consent Agenda. Once that section of the agenda is completed, the majority of staff leave the room and there is adequate capacity for members of the public to attend. To accommodate citizens in attendance, staff has been asked to stand inside the room or wait outside of the room where the meeting is being simulcast on monitors outside of Council Chambers or in the City Hall Conference Room. If staff is needed to provide clarification on a Consent question, they can enter the room to respond. Staff can quickly turn on monitors to the DTV broadcast of the meeting in the City Hall Conference Room or Council Chambers to provide extra seating if overflow space is needed as has been done in the past. Staff contact: Mario Canizares, CMO C. Parking Accessibility improvements at Cites — Beginning Saturday, Feb. 2, construction will take place on the east side parking lot of City Hall. The work will correct the slope, sidewalk ramp, spacing, and signage issues affecting the accessible parking spaces. As a result of the improvements, the existing spaces will be taken offline until Wednesday, Feb. 6 at which time they will be re-opened for public use. During the construction,temporary accessible parking will be made available on the west side of City Hall. In addition, signage will be posted to alert the public of the alternate location of accessible parking spaces. Staff has also emailed the members of the Disabilities Committee to make them aware of the upcoming project. Attached is an aerial image to demonstrate the affected area and a sketch of the proposed improvements. Staff contact: Mario Canizares, CMO D. Volunteer Income Tax Assistance—United Way of Denton County volunteers are trained, certified, and ready to help taxpayers earning up to $58,000 per year prepare, review, and file their 2018 tax returns at nine sites across Denton County through the Volunteer Income Tax Assistance (VITA)program. The VITA program, created by the IRS and implemented by United Way of Denton County since 2008,helps thousands of hard-working households file their federal income taxes accurately, on time, and for free. For the latest information on site locations, dates, and times, as well as a checklist of items taxpayers need to bring with them for their tax preparation, go to www.unitedwaydenton.org/VITA. Please see the attached press release for additional information. Staff contact: Sarah Kuechler, Public Affairs E. Housing Resources Survey — In order to provide quality referrals to citizens in need and better understand the resources in the community, Community Development will be distributing a survey in the coming weeks to gather data and develop a more comprehensive list of housing resources in the community. The survey will be open to current shelters, housing projects or housing assistance programs and any that are being developed for the future. In addition,the data will be used to complete the Division's next Five-Year Consolidated Planning for the Department of Housing and Urban Development as well as utilized for administration of housing program funding, the Denton County Homeless Leadership Team Shelter Planning Workgroup and the newly formed Affordable Housing Workgroup. At the request of Council Member Armintor, a future Informal Staff Report will provide a chart listing all the agencies and/or organizations that have built or managed transitional or permanent affordable housing in Denton. Staff contact: Danielle Shaw, Community Development/Alma Espino, Community Development F. Coyote Sighting Map — The City of Denton has launched a new map to track coyote sightings. Residents can report sightings via the Engage Denton app (available at www.engagedenton.com),which captures the location of the sighting. Sightings are then loaded into the interactive map where they will remain posted for 90 days. The coyote sighting map is available by going to www.cityofdenton.com/animalservices and clicking on "Wildlife" under important resources. If residents encounter a coyote, they can attempt to scare them away by making loud noises and waving their arms. Remember to take a whistle or tennis ball on walks, as these can also be used to scare coyotes. Residents should never approach a coyote, and immediately report any coyotes displaying abnormal behaviors or illnesses to Denton Animal Services at (940) 349-7594. For any attacks or aggressive animal sightings, call 911. Please see the attached press relation for additional details on the sighting map. Staff contact, Tiffany Thomson, Customer Service G. Industrial Street Park—Construction of the retaining wall at Industrial Street Park started this week. The structural improvement will help prevent water flowing from the park on to neighboring businesses. Once the wall has been installed, grading will be completed along with the planting of two trees and new picnic tables will be added. Below are a few images of Industrial Street Pak construction. Staff contact: Gary Packan, Parks and Recreation. lost Industrial street r Nirk i b I H. Appreciation from Sequoia Park Neighborhood—On Tuesday,January 29,Lauren Cordova and her son visited the Parks and Recreation Administrative Office at City Hall East to drop off an appreciation poster to the staff. The neighborhood adjacent to Sequoia Park created the poster (see images below) for the Parks and Recreation Department as a thank you for the new trail that was added to the park in summer 2018. Ms. Cordova was very grateful for the new park amenity. Her family and neighbors, including the residents who live near the park, utilize the space frequently. While the park is mostly in the flood plain and restricts possible placement,the department has considered installing a playground on the north side of the site. A future public meeting will be scheduled to identify the community needs for Sequoia Park. Staff contact: Gary Packan, Parks and Recreation. r I. FEMA Water Use—The FEMA Region 6, Mobile Emergency Response Support Program Office in Denton has requested to utilize approximately 5,000 gallons of water from the southern lake at North Lakes Park. The water would be pumped from the lake into two tanker trucks. FEMA will use this water for their water purification training. FEMA communicated to Parks and Recreation the training will not take place within the park, and has assured that no wildlife will be harmed or impacted by this process and staff is confident the water will be restored through rainfall and drainage. In addition,there will be limited access to the dirt road until a time that the ground will be hard enough to support the weight of the trucks without damaging the turf. At this time, the date of the activity is not finalized. Staff contact: Gary Packan, Parks and Recreation J. Hickory Creek Road Safety Projects—The Capital Projects Department continues to coordinate closely with Denton County on projects to improve the safety of Hickory Creek Road. Short-term, the City is partnering with the County to install guardrails, striping, and pavement markers along the curved stretch of Hickory Creek, spanning approximately 0.5 miles to FM1830. The original plan was for Denton County to secure a contractor for guardrail installation. The County has experienced delays with their contractor, so the City is going to work through one of their existing contracts to begin work on Wednesday, Feb. 6. While under construction,Hickory Creek will be closed to through traffic from Riverpass to FM1830/Country Club Road for approximately two weeks. During the closure, residents are encouraged to use Ryan Road and Teasley Lane as detours. The Public Affairs Department has posted information about road closures associated with this project to the NextDoor app. Once the guardrails are installed, the City will add raised pavement markers (buttons with reflectors) the entire length of the guardrail. Following the completion of the guardrails, striping, and pavement markers, the City will install curve warning and guidance signs. All signs will have LED lighting to provide maximum visibility. There is a 3-week lead time to order these signs, and staff is working with the Purchasing and Compliance Department to place an order with our vendor. Long-term, the City is completing contract negotiations with an engineering firm for the complete design of the future Hickory Creek Road, taking the road straight (no curves) to FM1830 with a bridge over the floodplain. The City Council will be asked to review and approve the contract in February 2019. Staff anticipates having the long-term project designed and ready for construction within 24- months providing funding availability. Staff will try to shorten that timeframe as much as possible. In addition to the City and County, TxDOT is also a partner in this endeavor. Bi- weekly meetings are being held with all partners to ensure all aspects of these important safety projects are well coordinated. Staff will continue to provide updates on the status of these projects as additional information becomes available. Staff contact: Todd Estes, Capital Projects. III. Upcoming Events A. Agave Ranch Neighborhood Meeting (Z18-0011)—Feb. 2, 2019 at 10:00 a.m. at the Agave Ranch Arena(6900 East Sherman Drive) B. Fire Trainin Fg acility Grand Opening—Feb. 23, 2019 at 1:00 p.m. directly behind Fire Station 7 (4201 Vintage Blvd.) IV. Attachments A. Fire Training Facility Press Release B. Accessible Parking Aerial Image and Sketch C. United Way Volunteer Income Tax Assistance Press Release D. Coyote Sighting Map Press Release V. Informal Staff Reports A. 2019-018 DEC December 2018 Dashboard B. 2019-019 Municipal Broadband C. 2019-020 Pay as You Go Prepaid Utilities D. 2019-021 American Legion Hall Design and Construction Update E. 2019-022 Parks 10-Minute Walk Campaign VI. Council Information A. Council Meeting Requests for Information B. Other Council Requests for Information C. Draft Agenda for February 12 D. Council Calendar E. Future Work Session Items F. Street Construction Report -40 o FOR IMMEDIATE RELEASE DENTON Jessica Rogers • (940) 349-7531 • Jessica.Rogers@cityofdenton.com City of Denton Hosts Fire Training Facility Grand Opening DENTON, TX, Jan. 25, 2019—The City of Denton is pleased to announce the completion of the Denton Fire Department Training Facility. The facility offers hands-on training designed to be realistic, effective, and safe for firefighters of all experience levels. With a six-story drill tower, outdoor classrooms, and more, training opportunities include live fires and search-and-rescue missions. The facility also features a prop airplane, a 62-foot elevator shaft, and a wide variety of other training simulations. "With so many ways to prepare firefighters, the Fire Training Facility will allow us to better serve the community. This facility will not only meet the needs of our firefighters,but also of fire departments across North Texas that want to train in Denton," said Chief Kenneth Hedges. All residents and community members are invited to join us at the grand opening ceremony for the Fire Training Facility at 1 p.m. Saturday, Feb. 23. The facility is located at 4201 Vintage Blvd., directly behind Fire Station 7. Contact: David Boots, (940) 349-8833, David.Boots@cityofdenton.com Visit www.cityofdenton.com for more news and to stay updated. OUR CORE VALUES Integrity•Fiscal Responsibility•Transparency• Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 CITY HALL AREA TO BE RESURFACED _ ;= s • POST � 11 OFFICE - I { TEMPORARY J y ACCESSIBLE N • � PARKING a • �- • _-W_ _ _ _ _ _ gig_, IL -9 CITY HALL ACCESSIBLE PARKING MODIFICATIONS 01/29/2019 OR ff�EE EMSTMG S0®[�W LK 60LEVA°° 3°°+ �00+ +3°° ++3oo �3oo !L97=3 O fi00 �o�goo ®oo� I NEW CONCRETE I � lO PAVMG TO MEET I HC S0GN NEW CONCRETE O PARKMG LOT PAVm NG 1. ALL RAMP SLOPES TO MEET A.D.A. AP0 UCABLE STANDARDS � Hc sm REMOVE EM i Coll URB PARK NO LOOT ACCEMBLE ROUTE OR MEET MOOMCATJONS EMS MG 1/29/2019 [LEVATON Contacts: United v Gary Henderson ' (940) 566-5851 Ext. 104 �� Gary@UnitedWayDenton.org Marci Pritts United Way (940) 566-5851 Ext. 122 of Denton County, Inc. Marci@UnitedWayDenton.org UnitedWayDenton.org 1314 Teasley Lane• Denton,Texas 76205•www.UnitedWayDenton.org FOR IMMEDIATE RELEASE: 1 V I f Volunteer Income Tax Assistance VITA SITES OPEN ACROSS DENTON COUNTY United Way of Denton County offers free tax preparation for residents earning up to $58,000 DENTON, TX (January 30, 2019) - United Way of Denton County volunteers are trained, certified, and ready to help taxpayers earning up to $58,000 a year prepare, review, and file their 2018 tax returns at nine sites across Denton County through the Volunteer Income Tax Assistance (VITA) program. The VITA program, created by the IRS and implemented by United Way of Denton County since 2008, helps thousands of hard-working households file their federal income taxes accurately, on time, and for free. Year after year the impact of the program grows. Just last year, United Way of Denton County volunteers, helped connect 1,561 , Denton County taxpayers to a record-breaking $2.1 million in tax refunds while saving them an estimated $423,000 in unnecessary filing fees - money coming right back into Denton n 116E'IUi�'G� County to be spent at local businesses. The recently resolved government shutdown had little to no impact on preparations with the VITA sites opening on schedule this week. Denton County municipalities hosting sites include Corinth, Denton, Lake Dallas, Lewisville, Little Elm, Pilot Point, and Sanger. Sites are open various dates and times through April 15tn For the latest information on site locations, dates, and times, as well as a checklist of items taxpayers need to bring with them for their tax preparation, go to www.unitedwaydenton.org/VITA. We LIVE UNITED 4 Denton County to help o guiae-and to advocate for CHILDRENIn OVERALL -40 o FOR IMMEDIATE RELEASE DENTON Jessica Rogers • (940) 349-7531 • Jessica.Rogers@cityofdenton.com City of Denton Launches Coyote Sighting Map Engage Denton App Helps Residents Report Sightings DENTON, TX, Feb. 1, 2019-The City of Denton has launched a new map to track coyote sightings. Residents can report sightings via the Engage Denton app (available at www.engagedenton.com),which captures the location of the sighting. Sightings are then loaded into the interactive map where they will remain posted for 90 days. The coyote sighting map is available by going to www.ciiyofdenton.com/animalservices and clicking on"Wildlife"under important resources. While the map will help residents identify areas where sightings occur, residents are also encouraged to get information about what to do if they encounter a coyote. "Coyotes are extremely adaptable and are often able to survive when their wildlife habitat becomes an urban environment," said Director of Customer Service Tiffany Thomson. "It's important that residents be aware of what attracts coyotes and take precautions to help protect themselves and their pets." Residents are encouraged to remove and limit coyote food sources, keep small pets indoors or under close supervision, and properly dispose of or store all garbage, compost,pet food, and grill drippings which attract rodents, rabbits, and other coyote prey. Residents can also make their yards less inviting by cutting back brush and sealing off crawl spaces. If residents encounter a coyote, they can attempt to scare them away by making loud noises and waving their arms. Remember to take a whistle or tennis ball on walks, as these can also be used to scare coyotes. Never approach a coyote, and immediately report any coyotes displaying abnormal behaviors or illnesses to Denton Animal Services at(940) 349-7594. For any attacks or aggressive animal sightings, call 911. Visit www.cityofdenton.com for more news and to stay updated. OUR CORE VALUES Integrity•Fiscal Responsibility•Transparency• Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 Date: February 01, 2019 Report No. 2019-018 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: FY 2018-2019 Denton Energy Center (DEC) Dashboard—December 2018 BACKGROUND: Attached is the FY 2018-2019 Denton Energy Center Dashboard for December 2018. The dashboard is intended to give a snapshot of relevant DEC metrics. The dashboard highlights the following: • The Emission Chart displays the December engine runtime hours, starts, stops, monthly and annual emissions totals and limits. o Cold Start—Emission system is below 115°. More emissions are produced from cold starts than warmer starts. o Warm Start—Emission system is between 116' and 170°. o Hot Start- Emission system is above 170°. o Stops—Emissions are produced each time the engine is stopped. • DEC MWh Generation and Gross Revenue for FY 2018-2019 1st Quarter. • A DEC financial summary showing FY 2017-2018 Actuals, FY 2018-2019 Budget, YTD Revenues &Expenses and Fiscal Year End Projections by Expense Category. • The Plant Monthly Run Hour Comparison Graph illustrates the monthly plant run times. • The Key Trends section explains the footnotes in the financial section and will be used to explain variances in revenues and expenses. Overall, the DEC had fewer run hours in December 2018 than previous months. As we continue to gain historical data of DEC operations we'll be better able to identify trends in future months. STAFF CONTACT: David Gaines, Assistant Director of Finance (940) 349-8260 David.Gaines(d,cityofdenton.com - - City of Denton, Texas 4COFYit WMIM11ji FY 2018-19 Denton Energy Center DENTON YTD December 2018 Dashboard Emissions December 2018 Engine Runtime Hot Warm Cold Description (hours) Starts Starts Starts Stops Description NOx CO VCO PM PM SO NH CO2e DEC Monthly Emissions Total(tons) 2.07 1.95 0.95 0.49 0.49 0.02 0.08 2,790.00 Engines(1-12) DEC Annual Permit Limit(tons) 33.80 96.50 48.60 70.00 70.00 1.75 60.90 Monthly Plant Emissions per DEC Permit Limit 6.11°/ 2.04% 1.96% 0.71% 0.71°/ 1.33% 0.13% Annual to Date Plant Emissions per DEC Permit Limit 48.57% 16.17% 16.47% 9.56°/ 9.56% 15.18% 2.52 Generation&Gross Revenues Plant Monthly Run Hour Comparison Month Revenue(In Millions) MWh $/MWh 1,800 Oct-18 $ 2.02 23,521 $ 85.77 1,633 Nov-18 $ 1.71 17,919 $ 95.16 1,600 1,481 1,539 1,433 1,400 Dec-18 $ 0.34 5,693 $ 59.61 Total FY 18-19 $ 4.07 47,133 $ 86.35 ;^ 1,200 3 1,033 FY 2017-18 FY 2018-19 FY 2018-19 FY 2018-19 = 1,000 c ACTUALS BUDGET YTD PROJECTION 800 DEC REVENUE* $ 11.88 $ 31.01 $ 4.07 $ 31.01 600 466 EXPENDITURE SUMMARY 400 Energy Expense-Fuel $ 2.17 $ 14.97 $ 3.90 $ 14.97 200 Ll Lji Personal Services 0.91 1.86 0.74 1.86 0 Jan I Feb Mar Apr May Jun I Jul Aug Sept Oct Nov Dec Materials&Supplies 0.36 0.14 (0.02) 0.14 Period Run Hours 1,481 1,539 1,033 1,633 1,433 466 Maintenance&Repair 0.03 0.26 - 0.26 Operating Month Insurance(l) 0.44 0.45 0.01 0.45 Miscellaneous - - - - Operations 0.14 0.82 0.11 0.82 Key Trends Debt Service-Principal - 4.45 - 4.45 (1) In August 2018,$443,454 was paid to COD self insurance fund for insurance on Denton Energy Debt Service-Interest - - - Center-The policy period is 5/25/2018 to 5/25/2019. Interfund Transfers - - 0.06 - (2) Includes$157,000for rolling stock equipment,and $140,000 for the purchase of shelving/racks/equipment in FY2017-18. Transfer to Capital Projects(�) 0.30 0.02 - 0.02 (3) Capital Charge Back represents capitalized expenses during construction and startup.The charge DEC EXPENDITURES $ 4.35 $22.97 $ 4.90 $22.97 back was charged FY 2017-18 during construction and startup. CAPITAL CHARGE BACK(3) $(0.92) $ - $ - $ - DEC NET INCOME $ 8.45 $ 8.04 $(0.73) $ 8.04 *Preliminary,Unaudited Figures Note: All dollar figures presented are in millions of dollars. Date: February 1, 2019 Report No. 201 9-019 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT Provide background on high-speed broadband internet service available in the city of Denton and information on other cities in Texas offering municipal broadband service. BACKGROUND During the closing comments of the September 25, 2018 City Council meeting, Council Member Briggs requested information about the possibility of the City of Denton offering a municipal high- speed broadband service due to limited provider options and resident complaints regarding the current quality of internet service. Broadband is a high-speed connection to the internet provided through different service technologies including Digital Subscriber Lines (DSL) via phone lines, cable/fiber lines, satellite service providers, fixed wireless platforms, and mobile wireless platforms. Each service type has its advantages and disadvantages including infrastructure cost, cost to the customer, download and upload speeds, and mobility. Current Internet Service in Denton Most of the city of Denton is serviced by Charter Communications and Frontier Communications Corporation through cable and fiber lines.Nextlink Residential also offers fixed wireless services and some areas in south Denton (near Hickory Creek Rd.) have additional options available including Grande Communications. The table below shows a summary of available options according to the Federal Communication Commission (FCC) broadband map. For reference, the FCC defines high-speed as 25 megabits per second (mbps). Provider Technology Download Upload Speeds Notes Speeds Charter Communications Cable 300 mbps 20 mbps Frontier Communications Fiber 30 mbps 30 mbps Grande Communications Cable 400 mbps 20 mbps Available in south Denton HughesNet Satellite 25 mbps 3 mbps Frontier Communications DSL 30 mbps 30 mbps ViaSat, Inc. Satellite 12 mbps 3 mbps Staff is aware that are a few areas in town with internet service issues. The Preserve at Pecan Creek Section B has been identified as an area with no cable or fiber internet services available. A map showing high-speed internet availability in Denton is provided as (Attachment 1); the Preserve at Pecan Creek area is highlighted in red. Please note this map is based on information last available from the National Telecommunications and Information Administration(NTIA)from 2015.Based on changes in state law and reduced budget through NTIA, municipalities no longer receive detailed internet service coverage maps. Date: February 1, 2019 Report No. 201 9-019 Unfortunately, the City does not have authority by state or federal law to control the provision of service;however,staff has tried to work on behalf of the residents and request the service providers extend service. Since January 2018, staff has reached out to various providers, including Charter, CenturyLink, Frontier, and Verizon Wireless,to inquire if this area could be serviced. Charter and Frontier,both of the major companies with infrastructure in Denton,indicated that it would require a substantial investment (Charter estimated over $140,000) to provide a connection to this neighborhood. Verizon Wireless does offer some cellular based internet options for residents, including an LTE Internet and Home Phone device. In addition to the Preserve at Pecan Creek, staff is aware of approximately 20 addresses in Denton without access to high-speed internet. This list has parcels in the 6400 block of Crapemrytle Drive, 4800 block of Crossvine Court,and the 4900-5000 block of Swisher and includes new construction and empty lots. Research of Municipal Broadband Services in TX Texas law is unsettled when it comes to municipalities providing broadband services. While the Texas Utilities Code appears to prohibit municipalities from offering such services',the applicable sections were written at a time when communication was based on wireline telephone technology. As is often the case in this area at both the federal and state levels, the law has simply failed to keep up with the changes in technology. As shown below, other Texas cities have successfully implemented various ways to offer, or partner to offer,broadband services to its citizens. Internet Service in Other Texas Cities 1) Mont Belvieu, Texas and the Texas District Court Declaratory Ruling (Public) In February 2017, the City of Mont Belvieu, Texas, a city with a population of 5,946 located approximately 30 miles east of Houston, filed a petition for an Expedited Declaratory and Injunctive Relief with the 344t''District Court in Chambers County(Attachment 2). Residents in the town experienced DSL service with 1.5 mbps speeds, and cable internet that topped out at 5 mbps. In seeking a ruling on Section 54.201 and 54.202, the City was specifically asking the court for a ruling regarding its ability to issue Certificates of Obligation in the amount of$14 million to install fiber optic cable to provide broadband internet services for its citizens. The petition claimed that because of the city's size, private companies have been unwilling to provide broadband internet services in the city commercially. 1 Section 54.201 states that the commission may not grant to a municipality a: 1) Certificate of convenience and necessity; 2) Certificate of operating authority;or 3) Service provider certificate of operating authority. Section 54.202 lists Prohibited Municipal Services.It states that a municipality or municipal electric system may not offer for sale to the public: 1) A service for which a certificate of convenience and necessity,a certificate of operating authority, or a service provider certificate of operating authority is required;or 2) A non-switched telecommunications service used to connect a customer's premises with a. Another customer's premises within the exchange;or b. A long distance provider that serves the exchange. Date: February 1, 2019 Report No. 201 9-019 The basic breakdown of the petition from the City is that if the City provides broadband internet service only, without voice or video service, it does not make them a "telecommunications provider" based on the state code's definition. In particular, the petition claimed that "providing broadband internet services will not directly connect customers' premises, nor will it connect a customer to a long-distance provider; instead, it will connect customers to the internet." On April 20, 2017, the Chambers County District Court Judge issued a Final Judgement (Attachment 3) in favor of Mont Belvieu which allowed them to issue public securities not to exceed $14 million and begin installing fiber lines to provide their residents with high-speed internet. It is important to note that while the Chambers County District Court Judgment is persuasive, it does not establish law or a precedent for us since the City of Denton does not fall under the jurisdiction of the Chambers County District Court. After a$14 million investment into the fiber infrastructure,Mont Belvieu now offers MB Link for internet access for its residents, but no voice or video services to comply with state restrictions. MB Link offers 1000 mbps residential service for$75 per month,with a one-time $75 deposit and $75 installation fee. There are no data caps or throttling based on system demand. MB Link also provides services for small businesses at these rates: Download Speed Upload Speed Price Per Month 100 mbps 50 mbps $100 300 mbps 50 mbps $150 500 mbps 100 mbps $250 1000 mbps 100 mbps $450 2) City of Greenville (Public) Another city in the state offering municipal internet service to its residents is Greenville, TX, a city of 27,443 located about 60 miles east of Denton. The service is offered through GEUS, formerly Greenville Electric Utility System,the municipally-owned,public power electric utility. The utility currently has over 14,000 electric customers and over 7,000 cable and internet customers. After the city made multiple requests to deploy DSL and cable modem internet which were denied by local providers, voters approved GEUS as the first municipal cable TV/high speed internet service in Texas in 2000,and GEUS first offered high-speed internet and cable TV service citywide in 2002. In 2003, they installed a$10 million hybrid fiber-coaxial cable TV and internet system to serve their 4,000 subscriber base at the time. GEUS currently offers five service levels: Package Download Speed Upload Speed Price Per Month Copper 5 mbps 1 mbps $14.95 Bronze 10 mbps 1 mbps $24.95 Silver 20 mbps 2 mbps $41.95 Date: February 1, 2019 Report No. 201 9-019 Gold 50 mbps 5 mbps $61.95 Platinum 100 mbps 10 mbps $95.95 The City also provides commercial rates: Package Download Speed Upload Speed Price Per Month Ra id Service 30 mbps 6 mbps $69.95 Bronze 60 mbps 8 mbps $89.95 Silver 100 mbps 10 mbps $149.95 3) City of New Braunfels (Public Private Partnership) In 2015, the City of New Braunfels completed a Business Broadband Assessment & Feasibility Study. The study set out to give the City the information it needed to understand the various broadband technologies, the current state of broadband in New Braunfels, the demand, and viable options. Magellan Advisors, the consultant that undertook the study, laid out recommendations based on: 1) Leveraging the city's core capabilities as a public organization, 2) Current fiber-optic infrastructure, 3) City's ability to create policy to positively impact broadband development, 4) What is economically and financially sustainable, 5) Ability to cultivate key public and private partnerships to increase the effectiveness how the community is served, and 6) Perceived risk tolerance of the various options. The City used the study to move forward on a taxpayer funded fiber-optic system that will allow contracted providers to offer faster internet services to area businesses. In July 2018, the City issued an RFQ for a "Partnership for Delivery of Products and Services for a Fiber-Optic Broadband Network" (Attachment 4) that will install 55 miles of cable. The project is expected to cost $3.5 million and provide a minimum of 1000 mbps download speeds with at least 10,000 mbps capability in the future. The City of New Braunfels moved forward with funding the public- private partnership project, even though new technologies have been developed within the city since the study was conducted, including one provider that offers 1,000 mbps across the area. Federal Considerations Another important consideration is the possibility of changes at the Federal level that can impact state and local authority to provide internet services. For example, in February 2015 the Federal Communications Commission ("FCC") decided that the term telecommunications included broadband. Then in May 2017, the FCC redefined broadband to not be included as a telecommunication (Attachment 5). The fact that the FCC has changed the definition for broadband twice within a few years raises concerns about possible additional changes since the FCC definition of telecommunications will trump any state or local definition. As a result, Texas state law remains unsettled on this issue and is subject to change at any time based off of future FCC decisions. Date: February 1, 2019 Report No. 201 9-019 Other Municipal Internet Infrastructures Additional information on additional municipal internet infrastructures can be found at: 1. https://muninetworks.org/ 2. Fiber: The Coming Tech Revolution—and Why America Might Miss It by Susan Crawford; December 2018 Yale University Press https://yalebooks.vale.edu/book/ /fiber ATTACHMENTS 1. City of Denton High-Speed Internet Map (2015) 2. Mont Belvieu Petition 3. Mont Belvieu Declaratory Ruling 4. New Braunfels RFQ 5. Article on FCC Definition of Broadband STAFF CONTACT: Stuart Birdseye Management Analyst 940-349-8009 stuart.birdse ekcityofdenton.com Larry Collister First Assistant City Attorney 940-349-8198 larry.collister(a,cityo fdenton.c om Stephanie Neal Assistant City Attorney 940-349-8305 Stephanie.nealgcityofdenton.com " List of Homes without Cable / High Speed Internet W E Technology Services GIS S Legend LL Pecan—Creek Minimum 50 Mbps/ 10 Mbps - Minimum 25 Mbps/3 Mbps Citylimits CLASS COD NAA 8/1/20 LL MILAM �E 5 i i FM 11] �l LOOP 288 � COO UWE A� F - YI WI I I UNIVERSITY IILI \ - \ uI � m -- UNIVERSITY m COLLEGE JIM OHRIBTAL m F i y $CRIPTLVkE CONGRESS y O OAK FM 426 � w � m \ HICKORY I XI U O . E m BON IE BRAE L WWI OD - q( \. ROSE�AWN ? CO<p \ ' 1. - v x w I x FM 2449 1 � HOBSON E � I L\ m � d w � - OLD HWY j The Preserve Pecan Creek mD /00 Section B I - �TH y � ROBSON RANCH \y CRAWFOR\ TEASLEV / J TURBEVILLE DENTON HICKORY DESERT HOLLY WAY aARBERRYAVE s/• ry m ONGMONT DR Q PHOTINIAAVE Q a r 3 09P U a 0- o z z r O Ai R �BOG�O PRIV E D O w _ MARSH RAIL DR SFR` 1 w O x 3 m o m PNOR - w a D m o a No a O�'PO LOVELAND DR 0' x u O rc OH HP GOLDENROD OR O Q O ALIDAD SUN AYDR 48011 a t The Preserve Pecan Creek Section B o Q i jN z 5 4 � W E-_ w s�ao ,0 0 S S/3SF SHADY HORES m s �O 2 D O� m0 9 A A Filed 2/22/2017 959:36 AM PagA. Henry District Clerk Chamb CoLIDiy—Texas By --deputy NO. CV30781 IN RE § IN THE DISTRICT COURT OF THE CITY OF MONT BELVIEU § CHAMBERS COUNTY, TEXAS AND CERTAIN PUBLIC SECURITIES § § 344th JUDICIAL DISTRICT ORIGINAL PETITION FOR EXPEDITED DECLARATORY AND INJUNCTIVE RELIEF The City of Mont Belvieu, Texas ("the City") files this original petition pursuant to Chapter 1205 of the Texas Government Code (the Expedited Declaratory Judgment Act), which provides an efficient method to adjudicate the validity of public securities and their associated contracts and obligations. A copy of Chapter 1205 is attached as Exhibit A. Chapter 1205 requires the Court, upon receipt of this original petition, to "immediately issue an order"that, among other things, sets this matter for trial "at 10:00 a.m. on the first Monday after the 20th day after the date of the order." For the Court's convenience, a proposed order under TEx. Gov'T CODE § 1205.041 is attached as Exhibit B. VIL Discovery Level 1. TEx. R. Civ. P. 190.1 requires the first numbered paragraph of petitions to state the pertinent level of discovery; however, this rule does not apply to an action brought under the Expedited Declaratory Judgment Act. See TEx. Gov'T CODE § 1205.002(a). Instead, pursuant to TEx. Gov'T CODE § 1205.064, the City's records relating to the public securities at issue will be open to inspection at reasonable times to any person or entity that becomes a named party to this action. VIII. Jurisdiction &Venue 2. The Court has jurisdiction over this matter. TEX. Gov'T CODE ANN. § 22.007; TEX. CONST. art. V, § 8. Chapter 1205 specifically vests the Court with authority to enter a declaratory judgment with respect to: (1)the City's authority to issue public securities; (3)the legality and validity of each expenditure or proposed expenditure of money relating to the public securities; and (4)the legality and validity of the public securities. TEX. Gov'T CODE § 1205.021. 3. Chambers County is an appropriate venue pursuant to TEX. Gov'T CODE § 1205.022. This action may be maintained "regardless of whether another proceeding is pending in any court relating to a matter to be adjudicated" in this lawsuit. Id. § 1205.025(4). There are no such matters pending at this time. 4. The time for bringing this action is also appropriate. As Chapter 1205 specifically authorizes an issuer like the City to bring an action before the public securities are authorized, issued, or delivered. Id. § 1205.025(2). IX. Parties & Service A. Petitioner 5. The City is an incorporated "home-rule" city that derives its power from the Texas Constitution. CITY OF MONT BELVIEU HOME RULE CHARTER § 1.02; TEX. CONST. art. X1, § 5; see also TEX. LOCAL Gov'T CODE § 54.004 (home-rule cities may "enforce ordinances necessary to protect health, life, and property . . . of municipality and its inhabitants"). Thus, the City is an"issuer" of public securities within the meaning of TEX. Gov'T CODE § 1205.001(1). -2 - 6. Additionally, the certificates of obligation the City intends to issue and deliver are "Public securities" as defined by TEx. GoV T CODE § 1205.001(2) (defining "public security" to mean interest-bearing obligation, including a bond, bond anticipation note, certificate, note, warrant, or other evidence of indebtedness). The City is the proper party to bring this action. B. Respondents 7. Interested Parties: Pursuant to TEx. GoV T CODE § 1205.023, this action is an in rem proceeding and mandatory class action. All persons who reside within the territory of the City, who own property located within the boundaries of the City, who are taxpayers of the City, or who have or claim a right, title, or interest in any property or money to be affected by the authorization or the issuance of the public securities at issue are "Interested Parties." Id. § 1205.041(a). Any Interested Party may become a named party to this action by filing an answer to this original petition on or before the time set for trial, or thereafter by intervention with leave of court. Id. § 1205.062. 8. Notice to Interested Parties: According to TEx. GoVT CODE § 1205.03, the Clerk of the Court must give notice of this action to all Interested Parties by publishing a substantial copy of the order attached as Exhibit B in a newspaper of general circulation in Chambers County, Liberty County, and Travis County, Texas. The notice must be published once a week for two consecutive weeks, and the first publication date must be at least 14 days before the date set for hearing and trial. This publication is requested at this time, as reflected in the proposed order attached as Exhibit B. Because Chapter 1205 requires expedited action, the undersigned's office will assist the Clerk with the necessary publication by making arrangements with the newspapers upon receipt of the signed order. 9. Texas Attorney General: Under TEx. GoV T CODE § 1205.042, the Attorney General of Texas must be served at least 20 days before trial with a copy of this original petition -3 - (together with attached exhibits), and a copy of the Court's order (executed copy of Exhibit B). Expedited issuance of citation is requested at this time for: Attorney General, State of Texas Attention: Jim Davis, Deputy Attorney General for Civil Litigation 209 W. 14th Street Austin, Texas 78701 As soon as possible, the citation should be emailed to Mr. Norm Wiley of Associated Litigation Services at norm.wiley@gmail.com. This private process server will serve the citation at the Attorney General's physical address. The Attorney General's Bond Department will be provided a courtesy copy of the applicable documents upon filing of this petition. X. Factual Allegations The City makes the following allegations in accordance with the requirements of TEx. GoV T CODE § 1205.024. A. Factual Background 10. The City seeks to install fiber optic cable to provide broadband internet services for its citizens. Because of its size, private companies have been unwilling to provide broadband internet services in the City commercially. 11. In a 2016 study of Mont Belvieu residents, 69% of residents and 79% of businesses stated that the current internet environment was not meeting their current and future internet needs. See City of Mont Belvieu Broadband Options Study at 14-15, attached as Exhibit C. 90% of residents and 100% of business responded that reliable, high-speed internet is an essential service on the same level as electricity or water. Id. 12. The study found "Mont Belvieu has a multitude of providers, but their coverage areas are limited in area creating a patchwork of serviceable areas. There is currently no one provider who covers all of Mont Belvieu with high speed broadband." Id. at 10. And some -4 - addresses in Mont Belvieu could not obtain service from any provider due to saturated equipment infrastructure. Id. Even when Mont Belvieu residents and businesses are located within internet provider coverage areas, they report slow speeds with regular service disruptions. Id. at 14-15. 13. Because reliable, high-speed internet is essential for the Mont Belvieu community, the Mont Belvieu City Council plans to issue certificates of obligation so that the City can build and operate a fiber optic network to make gigabit internet service available to all residences and businesses within the City of Mont Belvieu. The City wishes to eliminate the current inequities in reliable, high-speed internet service. The Mont Belvieu City Council views gigabit internet service as a powerful economic development tool to retain existing businesses and attract new businesses to the City. 14. On December 12, 2016, the Mont Belvieu City Council adopted a resolution, authorizing the publication of notice of intention to issue certificates of obligation. See Resolution Authorizing Publication of Notice of Intention to Issue C.O.'s, attached as Exhibit D. The City Council subsequently published notices of intent to issue the certificates of obligation not to exceed $14,000,000 on December 16, 2016 and December 23, 2016 in The Baytown Sun. See Publications of Notice of Intention to Issue C.O.'s, attached as Exhibit E. On January 23, 2017, the Mont Belvieu City Council adopted an ordinance authorizing the issuance of the certificates of obligation. See Certificate of Adoption of Ordinance, attached as Exhibit F; Ordinance Authorizing the Issuance of C.O.'s, attached as Exhibit G. B. Legislative Framework 15. While cities may provide certain utilities, including internet, they are not allowed to provide others. For example, the Texas Utilities Code regulates telecommunications services. Under Section 54.001, any entity providing "local exchange telephone service, basic -5 - telecommunications service, or switched access to service" must obtain a certificate. TEx.UTiL. CODE § 54.001. Municipalities are prohibited from obtaining the required certificates for these statutorily defined telephone services. Id. §§ 54.201, 54.202(1). More particularly: • A "local exchange telephone services" explicitly excludes "non-voice data transmission service offered as a separate service and not as a component of basic local telecommunications service." Id. § 54.002(5). • A "basic local telecommunications service" provides core telephone functionalities such as: access to 911 services, tone dialing service, and flat rate telephone service.Id. § 54.002(1). • A "switched access" is an "[a]ccess service that is provided by CTUs [Certified Telecommunications Utilities] to access customers and that requires the use of CTU network switching or common line facilities . . . for the origination or termination of interexchange calls."Texas Public Utilities Rules § 26.5 (236). Thus, providing a broadband internet service via fiber optic cable does not fall under these definitions. 16. Municipalities also are prohibited from offering "nonswitched telecommunications services used to connect a costumer's premises with: (a) another customer's premises within the exchange; or (b) a long distance provider that serves the exchange." TEx. UTiL. CODE § 54.202. The Texas Public Utility Commission's Rules define "long distance services" as those "furnished between customers in different local calling areas." Texas Public Utilities Rules § 26.5 (139). Providing broadband internet services will not directly connect costumers' premises, nor will it connect a customer to a long-distance provider; instead, it will connect costumers to the internet. -6 - 17. Finally, the Texas Utilities Code prohibits providing local exchange telephone service, basic local telecommunications service, switched access service, or nonswitched telecommunications service directly or indirectly through a telecommunications provider. TEX. UTIL. CODE § 54.202(b). The internet is not a "telecommunications provider." See id. § 51.002(10). Thus, a broadband internet service does not provide a prohibited service indirectly through a telecommunications provider. C. Authority to Issue Public Securities 18. As noted above, the City is a home-rule city, duly created, organized, and existing under the laws of the State of Texas. As such, the City is vested with the authority pursuant to Subchapter (c) of Chapter 271 of the Texas Local Government Code to issue, sell, and deliver certificates of obligation for public works, including municipal utilities. D. Purpose of the Public Securities 19. The Texas Government Code permits municipalities to "issue public securities and incur obligations under contracts" in connection with acquiring, purchasing, constructing, improving, renovating, or equipping infrastructure for a utility system. TEX. GoV T CODE § 1502.051. Likewise, the City may issue certificates of obligation for "public works." TEX. LOCAL GoV T CODE § 271.045. Fiber optic cable is a permanent public improvement similar to public works and utilities. See Simpson v. City of Nacogdoches, 152 S.W. 858, 862 (Tex. Civ. App.—Galveston 1913, no writ) (recognizing electric light plants as municipal utilities and public improvements although not listed in the statute); Bass v. City of Clifton, 261 S.W. 795 (Tex. Civ. App.—Waco 1924, no writ) (same). 20. The Texas Legislature noted broadband internet is "important to this state" and that providing wireless services to all residents is "the policy of the state." TEX. UTIL. CODE § 43.001(b). Accordingly, the City will issue certificates of obligation and enter into associated -7 - contracts for the purpose of providing proceeds to finance laying fiber optic cable to provide broadband internet services to the citizens of the City. E. Certificates of Obligation 21. As noted above, this proceeding may be brought before the City issues certificates of obligation for the purpose of providing broadband internet service via fiber optic cable. TEx. Gov'T CODE § 1205.024(1). The Expedited Declaratory Judgment Act thus allows the City to avoid the public expense of actions that may become moot. 22. For the same reason, it is not necessary to append to this petition a copy of each public security authorization; the proposed public securities have not yet been authorized by the City. Id. § 1205.024(4). F. Amount of Public Securities and Interest Rate 23. Upon entry of the declaratory judgment sought by this lawsuit, the City will take the necessary steps to authorize and to issue certificates of obligation for the purpose of providing broadband internet service as explained in this petition. 24. At this time, the proposed maximum amount of the public securities is $14,000,000. See TEx. Gov'T CODE § 1205.024(5). The maximum net effective interest rate of the public securities cannot be estimated at this time but will not exceed 15%, as calculated pursuant to the provisions of Chapter 1204 of the Texas Government Code. Id. § 1205.024(6). XI. Request for Declaratory Judgment 25. The preceding paragraphs establish the existence of a justiciable controversy appropriately resolved by declaratory judgment. 26. Pursuant to TEx. Gov'T CODE § 1205.021, the City seeks a declaratory judgment that: - 8 - a. The City is an "issuer" that intends to make a valid "public securities authorization" for the issuance of "public securities," as those terms are defined in TEx. GoVT CODE § 1205.001; b. Each expenditure or proposed expenditure of money related to the public securities is legal and valid; C. The proposed public securities are legal and valid; d. The City may enter into all contracts, including but not limited to those necessary to issue and deliver broadband internet services. 27. The declaratory judgment will terminate for all time any claim or controversy with respect to the issuance of the public securities. In accordance with TEx. GoVT CODE § 1205.151(b), the judgment will be binding and conclusive against the City, the Attorney General, the Comptroller of Public Accounts for the State of Texas, and any party to the action named and served with notice of the proceedings or described by TEx. GoVT CODE § 1205.041(a), including Interested Parties described above. 28. In accordance with TEx. GoVT CODE § 1205.151(c), the above requested declaratory judgment would constitute a permanent injunction against the filing by any person of any proceeding contesting the validity of. (a) the public securities, a public security authorization, or an expenditure of money relating to the public securities described in this petition; (b) each provision made for the payment of the public securities or of any interest on the public securities; and (c) any adjudicated matter and any matter that could have been raised in this action. The City respectfully requests that a permanent injunction be entered as described herein. XII. Request for Bond 29. Before entry of a final judgment, the City requests, pursuant to TEx. GoVT CODE § 1205.101, that the Court require that any opposing parties and intervenors (other than the Attorney General), whether named or unnamed, post a bond with a sufficient surety, approved by - 9 - the Court, and payable to the City for all damages and costs due to delay caused by the continued participation of those parties or intervenors. 30. Likewise, after entry of a final judgment, the City requests, pursuant to TEx. Gov. CODE § 1205.101 and TEx. R. APP. P. 24, that the Court require that any opposing parties and intervenors (other than the Attorney General), whether named or unnamed, post a bond with a sufficient surety, approved by the Court, and payable to the City for all damages and costs due to delay caused by the continued participation of those parties or intervenors. XIII. Conclusion & Prayer For the reasons set forth above, the City requests that the Court grant it the declaratory judgment and other relief requested in this original petition. The City also requests that the Court give all proceedings, hearings, and trial priority over all other cases, causes, or matters pending in the Court. The City prays for all other relief to which it may be entitled. NORTON ROSE FULBRIGHT US LLP /s/Andrew P. Price Andrew P. Price State Bar No. 24002791 andrew.price@nortonrosefulbright.com Kathleen F. McNearney State Bar No. 24088038 katie.mcneamey@nortonrosefulbright.com 1301 McKinney, Suite 5100 Houston, TX 77010 Telephone: (713) 651-5151 Facsimile: (713) 651-5246 ATTORNEYS FOR THE CITY OF MONT BELVIEU - 10 - NO. CV-3078 1 IN RE § IN THE DISTRICT COURT OF S THE CITY OF MONT BELVIEU § CHAMBERS COUNTY, TEXAS AND CERTAIN PUBLIC SECURITIES 5 344th JUDICIAL DISTRICT FINAL JUDGMENT On April 20, 2017, came to be heard the City of Mont Belvieu's (the "City") Original Petition for Expedited Declaratory and Injunctive Relief pursuant to Chapter 1205 of the Texas Government Code. The City appeared by and through its Counsel of record. The Attorney General of the State of Texas, required by Chapter 1205 to be individually served with process in actions of this nature, also appeared, No other parties appeared. The Court heard and considered arguments of counsel and evidence presented relative to the relief sought in the Original Petition. The Court, having considered the City's Original Petition, together with the evidence submitted in support thereof, is of the opinion that the Original Petition is meritorious. All questions of fact were submitted to the Court through proffered testimony of fact and expert witnesses and documentary evidence, SLICK evidence, together with the arguments and authorities cited by counsel, supports and is the basis of the following findings and conclusions by this Court, 1. The Court finds that it has jurisdiction over all persons who reside, own property, pay taxes or have or claim any right, title or interest in any property or money affect by a public security authorization or the issuance of public securities in the City, and over the Attorney General of the State of Texas, pursuant to TF=A. GOV'r CODE- ANN. ti 1205.041. Venue is proper in this Court, pursuant to 'l-Ex. GOV'T CoDC- A,,NiNl. § 1205,022. 1 2. The Court further finds that it has subject matter jurisdiction over this action pursuant to Tex. Gov't Code Ann 1205.021 in that the City, as ail issuer of securities as defined in Tex. Gov't Code Ann 1205.001, seeks by its Original Petition to obtain a declaratory judgement as to: (a) the City's authority to issue public securities; (b) the legality and validity of the City's expenditures related to its certificates of obligation; and (e) the legality and validity of the certificates of obligation issued by the City to install fiber optic cables in support of its owning and operating a broadband internet system. 3. The Court finds that proper and timely notice of the filing of this action, and of the April 20, 2017 hearing thereon, was provided. Specifically, the Court finds that notice was provided by this Court',, order of March 20, 2017 in accordance with TEX. Gov"r CODE ANN. § 1205.041. SLICIm publication is evidenced by the Affidavits of Publication filed of record in this smatter on April 19, 2017_ 4. The Court rinds that the City is an incorporated, home-rule municipality organized and operating; under the Constitution and the laws of the State of Texas, including particularly Tex. CoNs'r. art. XI, § 5. 5. The Court finds that the City is an "issuer" as defined in TeX. Gov'T CODE ANN. 1205.001. 6. Time Court is of the opinion that the legality and validity of the City resolutions and ordinances described in Paragraph 14 of the Original Petition, which memorialize the proposed public securities, have been established by the evidence tendered to the Court, including the profcn-ed testimony of fact witnesses. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the City's proposed certificates of obligation to install fiber optic cables in support of owning and operating a broadband internst system for the City's residents are legal and valid. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the City's expenditures or proposed expenditures of money related to the certificates of obligation are legal and valid. IT IS FURTHER ORDERED that the City is authorized to enter into contracts as may be necessary and desirable to install fiber optic cables for a broadband interest systen for the City's residents, provided such contracts comply with applicable law. IT IS FURTHER ORDERED that this Final Judgment is a pernianent injunction against the filing by any person of any proceeding contesting the validity of the certificates of obligation, an expenditure of money relating to these public securities, or any adjudicated matter and any matter-that could have been raised in the action. IT IS FURTHER ORDERED that [the public securities] may include a certificate that contains the follow statement: 'This obligation was validated and confirmed by a judgment entered oil March 20, 2017 by the 344th Judicial District Court, Chambers County, Texas, in In re he City oJ' Moat Belvieu and Certain Public Securities, Cause No. CV-30781, which perpetually enjoins the commencement of any suit, action, or proceeding involving the validity of this obligation, or the provision made for the payment of the principal and interest of the obligation. IT IS FURTHER ORDERED that the City is authorized by law to issue the proposed certificates of obligation in substantially the sane form of the Ordinance admitted at trial as Exhibit G. in a n1axit71Urn amount not to exceed 514,000,000.00, With such changes and completion of blanks as are reasonably appropriate as the certificates are priced and sold, subject to approval by the Office of the Attorney General of Texas in accordance with its standard review and approval procedures; This Final Judgment is binding and conclusive against the City, the Attorney General of the State of Texas, and all persons who reside; own property, pay taxes or have or claim any right, title or interest in any property or money affected by a public security authorization or the issuance of public securities in the City. This Final Judgment is final and appealable as an accelerated appeal pursuant to the terms of Tr--x. Gov'T CODE 5 1205.068. It is SO ORDERED this day of 72017. JUDGE PRE DING DAY OF ' THIS THE M THIr FILE A.D. 20�AT'.,q;_ .�CLOC T�{ISTHE _ :..: ©AY0 , t�, A.� . PA � r NTY,TEXAS A.D.20 A 0`CL0CK- _ M DISTRICT PA ..;1 L HENRY EPUTY Dt BY F.DISTRICT CLE .�C,C"tsAi�v �S COUTy, Is J U LY 18, 2018 s - lot -- i area area CITY OF NEW BRAUNFELS Request for Qualifications Partnership for Delivery of Products and Services For a Fiber-Optic Broadband Network RFQ 18-038 Page 1 of 14 Request for Qualifications Partnership for Delivery of Products and Services For a Fiber-Optic Broadband Network Contents 1. Introduction...........................................................................................................4 2. RFQ Schedule......................................................................................................4 3. Pre-submittal Meeting...........................................................................................5 4. Community at a Glance ........................................................................................5 5. City Assets............................................................................................................5 6. Project Overview and Goals .................................................................................6 7. Project Requirements ...........................................................................................7 8. Selection Criteria ..................................................................................................8 9. RFQ Response Requirements..............................................................................9 10. RFQ Questions...................................................................................................11 11. Delivery Instructions ...........................................................................................11 12. No Binding Commitments ...................................................................................12 13. Clarification of Qualifications...............................................................................12 14. Miscellaneous Provisions....................................................................................13 15. Ownership and Confidentiality of Responses......................................................14 Attachment 1 —Vendor Certifications Appendix A - Study Appendix B — Map Page 2 of 14 City 01 City of New Braunfels New Braunfels SOLICITATION Purchasing AND OFFER 550 Landa Street New Braunfels, Texas 78130 Solicitation Number: 18-038 ❑ Invitation for Bid (IFB) Date Issued: "Partnership - For a Fiber-Optic Broadband 0 Request for Qualifications (RFQ) July 18, 2018 Network" SOLICITATION Pre-Submittal Meeting will be hosted on: August 8,2018, 2:00 P.M. (Central Time) Questions may be submitted until close of day August 10,2018, 5:00 P.M. (Central Time) Respondents must submit sealed SOQ containing one(1)signed original hardcopy and three(3)in electronic format(USB). Qualifications will be received at the office of the City Secretary at the address shown above until: 3:00 P.M. (CT),August 24, 2018 Qualifications received after the time and date set for submission will be returned, unopened, upon request. For information regarding this solicitation, contact: Barbara Coleman, Email: BColeman@nbtexas.org Purchasing Manager Phone: (830) 221-4389 (NO collect calls,Telegraphic,Email,On-Line or Fax offers accepted) Fax: (830) 608-2112 5% Proposal Bond Required: ❑ YES El NO 100% Payment Bond Required: ❑ YES ❑x NO 100% Performance Bond Required: ❑ YES El NO OFFER (This portion must be fully completed by Proposer.) Respondent will comply with the General Terms and Conditions required by the City of New Braunfels. In compliance with the above, upon contract award the undersigned offers and agrees to furnish any or all items or services awarded at the prices stipulated for each item delivered at the designated point(s)and within the time specified herein. CONTRACT AWARD SHALL INCLUDE ALL ASSOCIATED SOLICITATION DOCUMENTS,ATTACHMENTS,AND ADDENDA. SIGNATURE IS MANDATORY; MANUALLY SIGN ORIGINAL DOCUMENT AND, IF APPLICABLE,ALL REQUESTED COPIES SUBMITTED. 1) Respondent's State of Residence: Name Name and Title of Person Authorized to Sign Offer: E-Mail Address: Address Phone Number: of Respondent: Fax Number: Signature: Date: Name, Address and Telephone Number of Person authorized to conduct negotiations on behalf of Respondent. (Applies to Request for Qualifications only) Page 3 of 14 RFQ — 18-038 Partnership - For a Fiber-Optic Broadband Network 1. Introduction The City of New Braunfels ("City") is requesting qualifications from organizations to assist the City in the New Braunfels Broadband Project("the Project"). The City of New Braunfels is a home-rule charter municipality located in Comal County, Texas. A study was completed in 2016 (Appendix A) which evaluated the options available to the City to improve high speed Internet access and other broadband services within core business and industrial corridors of the community. The study recommended the City pursue a public-private partnership to build and operate services within these areas of the community. The City has determined that new enterprise-grade broadband infrastructure located in the largely commercial and industrial business corridors throughout the City (Appendix B) will promote economic development in those specific areas, leading to job creation, greater commercial activity, and generate additional benefits to our businesses and property owners. Accordingly, the City and its partners (New Braunfels Utilities, the New Braunfels Chamber of Commerce, and the New Braunfels Economic Development Corporation) are interested in receiving qualifications for the development of broadband infrastructure and retail operations that can support dedicated enterprise grade broadband services offering local business speeds greater than 1 GB while ensuring the highest standards of reliability, availability, quality, and customer service. The purpose of this Request for Qualification (RFQ) is to solicit statement of qualifications from qualified telecommunication companies with appropriate experience that will allow the City and NBU to pursue the goals and objectives outlined in this project. The City and its partners are not soliciting qualifications based on any particular design, technology, business model, solution or cost at this time. 2. RFQ Schedule The tentative schedule for this Request for Qualifications is as follows: DATE STEP 1 -MILESTONES July 18, 2018 RFQ issued on http://www.bidnetdirect.com/texas and www.nbtexas.orcl/ August 8, 2018 Pre-Submittal Meeting August 10, 2018 Deadline for questions and requests for clarification August 24, 2018 Statement of Qualifications ("SOQ") submission deadline September 2018 City evaluation of SOQs submitted by firms DATE STEP 2-MILESTONES October 2018 Scoping meetings with City and top-ranked firms October 2018 Final negotiations with top-ranked firm Anticipated timeframe for Recommendations to New Braunfels City November 2018 Council, New Braunfels Utility Board and to New Braunfels Economic Development Corporation to consider award of contract Page 4 of 14 RFQ — 18-038 Partnership - For a Fiber-Optic Broadband Network 3. Pre-submittal Meeting A Pre-submittal meeting will be held at 2:00 P.M. (Central Time) on August 8, 2018 at the New Braunfels City Hall, 550 Landa Street, New Braunfels, Texas 78130. Representatives will be present to discuss the Project. Attendance is not required; however, respondents are encouraged to attend and participate in the conference. AW 40 � a r 'Ok 4. Community at a Glance New Braunfels is strategically located in the Central Texas region, part of the Texas Triangle mega region, and is a city of regional significance, with a growing number of residents and jobs, a tourist mecca and an exceptional quality of life. Centered between Austin and San Antonio, each year more than three million visitors come to explore the shopping and recreational activities steeped in German and Hispanic culture and heritage. Comal County and New Braunfels are ranked as the ninth fastest growing county and the second fastest growing city in the nation and are experiencing an unprecedented growth rate — growing at an average of 4-5 percent per year or a 77 percent increase in the last decade. New Braunfels was touted as the second fastest growing city with a population over 50,000 in America in 2017. This was the fourth consecutive year which New Braunfels was listed in the top 10 nationwide. 5. City Assets The City of New Braunfels and New Braunfels Utilities (also referred to as "NBU") own and operate approximately 55 miles of fiber optic cable with a minimum of 4 strands of fiber available for use with this project. Referenced maps in Appendix B generally depict the location of this fiber within the community. The City, through funding from the New Braunfels Economic Development Corporation, will consider funding at an amount to be determined for the expansion of existing fiber infrastructure, development of new fiber infrastructure or a combination of both in the identified commercial areas. Page 5 of 14 RFQ — 18-038 Partnership - For a Fiber-Optic Broadband Network The City also owns and/or controls certain real estate, some underground conduit, has jurisdiction over most of the roadways and owns or in coordination with NBU may provide access to poles and towers through attachment agreements. As the City pursues capital improvement initiatives, especially along major roadways, there may be an opportunity to align scheduling of broadband infrastructure with these projects. Respondents may include assumptions about the use of City assets in proposals, so long as all assumptions are fully explained and in compliance with current regulations. However, the City makes no representation regarding the availability or suitability of these assets, and nothing in this RFQ or other material provided by the City should be interpreted to indicate otherwise. 6. Project Overview and Goals 1. Establish the infrastructure needed to support the delivery of leading-edge broadband services that provide the best internet, television and other servicesthat the market has to offer; 2. Support the operational needs of business through a platform of high-speed internet services; 3. Establish the conditions that ensure a competitive rate structure for the products and services delivered to end users over the network; 4. Establish our community as being at the forefront of the most connected communities in America; 5. Establish an innovative, long-term partnership with a qualified Respondent that: a. Allows the community to maintain an active role in decisions related to the development and providing the best in class products and services now and in the future; b. Ensures transparency; and c. Ensures the qualified respondent is responsible for all aspects of providing and maintaining world-class products, services and a superior customer service experience. Page 6 of 14 RFQ — 18-038 Partnership - For a Fiber-Optic Broadband Network 6. Proceed as expediently as reasonably and professionally possible without compromising the integrity of the project. 7. Project Requirements The City is seeking a private or public partner that will provide enterprise-grade internet services to businesses, visitors and community organizations. The City expects that the partner will provide a full "turnkey" solution for the delivery of products and service that include funding, design, engineering, procurement, construction, operation, maintenance and repair, and regulatory compliance network, and that it will be adaptable for future growth and technology. The City desires a revenue split model or other forms of suggested revenue enhancements that both establishes a long-term payback of the original investment with interest, to cover ongoing operation and maintenance cost, some free cash flow and sustainability well into the future. If approved the City expects that construction of the network would occur over a 12 to 24-month period and services should be available in tandem with the build-out in phases. This construction timeline will depend somewhat on the partnership developed with the successful respondent; however, the respondent should be prepared to meet aggressive timelines for build- out, provisioning and activation of the network. The network will support a distribution platform that meets the needs of the community and is capable of provisioning services up to a symmetrical 1 Gigabit service and a future Ten Gigabit service to end users. The City does not consider wireless, unlicensed or fixed licensed, a suitable sole option for long-term sustainability for its community's broadband needs nor does it believe a community equipped with wireless business services will support increasing property values and economic development opportunities. However, providing wireless offerings in conjunction with a core hardline service connection may be considered. The network will meet strong reliability and performance standards and provide redundancy throughout the backbone and trunk connectivity. The City realizes that connections to individual parcels may not be redundant. The respondent should demonstrate its ability to source sufficient backhaul capacity and backhaul redundancy to support the City's goals for high availability of broadband services to its community. Respondents are encouraged to provide innovative technology platforms to meet the City's core service delivery requirements, which include: • Required: Range of internet and managed point to point connections up to Gigabit speeds as a standard offering and a future roadmap to Ten Gigabit Internet services; • Required: Symmetrical and asymmetrical considerations on all Internet packages; • Optional: Expansion into residential neighborhoods • Optional: Additional value-added and over-the-top services and applications that can Page 7 of 14 RFQ — 18-038 Partnership - For a Fiber-Optic Broadband Network demonstrate the respondent's value to the community. The City and its partners intend to select the most responsive offer based on the requirements but reserves the right to accept or reject any and all responses at its sole discretion. The top organizations will be notified by the City at a future date and asked to provide additional information including but not limited to: • Relevant market studies • Proposed client adoption at 1, 3 and 5 years • General fiber infrastructure design and facility location • Proposed service offering inclusive of pricing • Project timeline for fiber rollout • Residential expansion capabilities and desires Full details of what is expected, and the relevant timeline will be provided at the time of notification. 8. Selection Criteria A committee will evaluate the responses submitted and will be evaluated on the following criteria: • Relevant experience and qualifications (45 points) • Financial soundness and capability or the organization (20 points) • General business model proposed (20 points) • Responses from references (15 points) The review process — A committee will evaluate submittals based upon the criteria outlined above. The committee may, at their discretion, request presentations by or meeting with any or all respondents to clarify or discuss the submittal. Response should be submitted initially on the most favorable terms which the Offeror can propose. The City anticipates the need for a negotiation period to finalize the terms of Development Agreement. Once a Provider has been selected the City and the Provider will enter into the negotiation period to refine the vision for the Project and finalize the terms of an Agreement. 8.1 Right to Accept or Reject. The City reserves the right to accept or reject any or all submissions as a result of this RFQ, to negotiate with all qualified sources, or to cancel in part or its entirety if found to be in the best interest of the City. The RFQ does not commit the City or its partners to award a contract, issue a purchase order, or pay any costs incurred in the preparation of a submission in response to this RFQ. 8.2 Solicitation to Remain Subject to Acceptance. All solicitations will remain subject to acceptance for one hundred twenty (120) days after opening without taking action. Page 8 of 14 RFQ — 18-038 Partnership - For a Fiber-Optic Broadband Network 8.3 Approval Required. The New Braunfels Economic Development Corporation, the City of New Braunfels City Council and the New Braunfels Utility Board must approve the firm selected to provide the services requested in this RFQ. The City reserves the right to authorize contract negotiations to begin without further discussion with firms submitting a response. Therefore, each SOQ should be submitted as completely and accurately as possible. The City reserves the right to request additional data, oral discussions, or presentations in support of the written SOQ. 8.4 Firm or Individual's Obligation Regarding Evaluation: a. Submission of Information. Submitters are cautioned that it is each firm and or individual's sole responsibility to submit information related to the evaluation categories, and the City is under no obligation to solicit such information if it is not included with the SOQ. Failure of a firm or individual to submit such information may cause an adverse impact on the evaluation of the specific SOQ. b. Submitter Review of RFQ. Submitters are responsible for examining and being familiar with all specifications, terms, conditions, provisions, and instructions of the RFQ and their responses. Failure to do so will be at the firm and/or individual's risk and will not be a determinative factor when awarding the contract for services. 8.5 Oral Non-Binding. Any non-written representations, explanations, or instructions given by City staff or City agents are not binding and do not form a part of, or alter in any way, the RFQ, a written agreement pertinent to the RFQ, or the awarding of the contract. 8.6 Lobbying Prohibited. Proponents are prohibited from directly or indirectly communicating with City Council, NBU Board of Directors and the NBEDC members regarding the Proponent's qualifications or any other matter related to the eventual award of a contract for the services requested under this RFQ. Proponents are prohibited from contacting city staff members regarding their qualifications or the award of a contract, unless in response to an inquiry from a staff member. Any violation will result in immediate disqualification of the proponent from the selection process. 9. RFQ Response Requirements The City is requesting the following information from interested parties that seek to develop a partnership with the City to deliver Content and Services to its community. Responses to the following items will be used for evaluation. Submittals which do not contain responses to each of the requirements items may be considered incomplete and may be rejected. To achieve a uniform review process and to obtain the greatest degree of comparability, the City of New Braunfels requires that SOQ be submitted with 1 original and 3 hard copies and 1 electronic copy of your response. 1. Tab 1 - Provide a Letter of Transmittal on company letterhead stating why the respondent is interested in developing a partnership with the City and provide a listing of any requirements listed in this RFQ that you are unable to meet. Page 9 of 14 RFQ — 18-038 Partnership - For a Fiber-Optic Broadband Network 2. Tab 2a - Provide an overview of the respondent's organization, services and capabilities. Provide details on your company's (or its shareholders') knowledge, experience and operations within the broadband telecommunications industry and, if applicable, infrastructure development in the region, as well as key expertise that qualifies you to be considered in this RFQ. 3. Tab 2b - If you are a current broadband provider, provide an overview of your products and services, operations, total subscriber count, type of services (business/residential), local presence in the region and other markets served. Demonstrate any similar arrangements with municipalities, electric utilities or other public-private partnerships. 4. Tab 3- Provide detail on the business model the respondent would utilize in developing a partnership with the City. Include relevant details including who maintains ownership of developed fiber infrastructure, what in-kind services are you open to providing the City, and what investments are you willing to make into the community. Describe how this model meets the community's needs for services and goals and potential long-term recurring revenue opportunities. 5. Tab 4- If the respondent is a broadband provider, provide a project organizational chart that describes the relationship between the broadband and the City including any installation or service contractors already in place in the region. 6. Tab 4 - If the respondent is a broadband enabler, provide a project organizational chart that describes the relationships between provider and the lead organizations and subordinate organizations in the proposed organizational chart including any installation or service contractors already in place in the region. 7. Tab 5- Provide an implementation plan based on the respondent's business model that demonstrates how you would achieve the desired results for the provisioning and activation of services. 8. Tab 6 - Describe the respondent's operations plan for the project, detailing customer service, service calls, NOC services and provisioning, routine and emergency maintenance calls and escalation procedures. 9. Tab 7 - Define the roles and responsibilities for the respondent, the City and other partners, if any, including customer uptake or other requirements. 10. Tab 8- Define how the respondent's proposal will comply with local, state, and federal Regulatory requirements. 11. Tab 9 - Identify the potential financial commitments and any long-term liabilities to the City in the proposed solution. Provide a sheet that documents what financial commitments would be expected of the City, including any long- term obligations, appropriations or other financial liabilities that the City would incur in the proposed Page 10 of 14 RFQ — 18-038 Partnership - For a Fiber-Optic Broadband Network solution. 12. Tab 10 - Provide an overview of how the respondent's products and services would achieve the City's goals for the community and support the marketing of products and services. 13. Tab 11 - Provide a detailed narrative explaining what barriers prevented you from entering this market in the past. e.g.: what do you need from the City that you cannot do yourself to make this a successful market for you? 14. Tab 12 - Provide a minimum of 3 industry/municipality references that demonstrate the respondent's ability to successfully plan, implement and deploy broadband networks products and services using innovative public and/or private environments. 15. Tab 13— Other Support Documentation: a. Provide potential conflict of interest disclosure that is a direct or indirect financial investor, partner, employee, or member of any corporation, partnership, or other legal entity making or participating in this proposal. See item 14.2 for more information. b. Provide vendor certifications - Attachment 1. 10. RFQ Questions Questions relating to definitions, interpretations, and/or requests for clarification must be in writing, on or before August 10, 2018 at 5:00 P.M. (Central Time), directed to: Purchasing Representative: Barbara Coleman, Purchasing Manager, via email bcoleman(aD-nbtexas.org All questions and/or clarification submittals shall identify the SOQ in the subject line of the email message as follows: "Questions— RFQ 18-038 for Fiber Broadband" No questions will be accepted after the deadline for questions has passed. Responses to inquiries that directly affect an interpretation or change to this RFQ will be issued in writing by Purchasing as an addendum and posted at http://www.bidnetdirect.com/texas and the City's website www.nbtexas.org/. All such addenda issued by the Purchasing Representative before the time that SOQs are received shall be considered part of the RFQ. 11. Delivery Instructions Responses must be submitted not later than 3:00 P.M. (Central Time), August 24, 2018. Qualifications may be mailed or delivered (in person or by Express Mail or delivery service) to: Page 11 of 14 RFQ — 18-038 Partnership - For a Fiber-Optic Broadband Network City of New Braunfels - City Secretary's Office ATTN: Purchasing 550 Landa Street New Braunfels, TX 78130 The outside of the envelope or package must state: RFQ 18-038 Project Name: Fiber Broadband Due: August 24, 2018 at 3:00 P.M. It is the sole responsibility of the Respondent to ensure prompt delivery of SOQ. The City of New Braunfels will not be responsible for failure of service on the part of the U.S. Post Office, courier services, or any other form of delivery service chosen by the Respondent. Qualifications may not be withdrawn after the time set for the closing, unless approved by the City Council. Your response or a modification to your response is LATE if received after the time set for solicitation opening and shall be returned unopened and shall not be considered. 12. No Binding Commitments The issuance of the RFQ and any subsequent response by a Respondent does not create a binding obligation on the part of the City to enter into any form of agreement or contract, or to pay any costs associated with the preparation of responses or submittals with the Respondent, for the development of a broadband network, delivery of products and services or otherwise. Nor shall the RFQ in any way create an association, partnership, or joint venture among Respondents and the City. The City reserves the right to waive responses to any part of this request if, in its sole judgment, it determines that it is in the best interests of the City to do so. Nothing in the RFQ shall preclude the City from obtaining relevant information from other sources or through other processes. The City may require any submitter to participate in negotiations and to submit such other information or documentation as it may deem necessary as conditions of awarding a contract. The City reserves the right to vary or waive requirements for different submitters as shall fit the City's needs. 13. Clarification of Qualifications Notwithstanding any other provision of this RFQ, the City reserves the right to: 1. Conduct discussions with any or all potential Respondents for the purpose of clarification; 2. Cancel or amend this RFQ or issue other requests for information or requests for qualifications; 3. Use any and all concepts presented in any response to obtain the most beneficial and effective path to achieving its desired goals for the project. Page 12 of 14 RFQ — 18-038 Partnership - For a Fiber-Optic Broadband Network 14. Miscellaneous Provisions 14.1 Response Costs Respondents are responsible for all expenses they incur in preparing and submitting a response to this RFQ or any follow-up discussions with the City. 14.2 Conflict of Interest Questionnaire (Form CIQ) In accordance with Chapter 176 of the Texas Local Government Code, "Disclosure of Certain Relationships with Local Government Officers," persons, or their agents who seek to who seek to contract for the sale or purchase of property, goods, or services with the City, shall file a Conflict of Interest Questionnaire (Form CIQ) with the City Secretary if the vendor has a business relationship as defined by Section 176.001(1-a) with the City and the vendor meets requirements under Section 176.006(a). Form CIQ is available from the Texas Ethics Commission by accessing the following web address: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm The Conflict of Interest Questionnaire(Form CIQ) is required to be filed within 7 business days of: a. Beginning of discussions or negotiations to enter into a contract with the City; or b. Submission of an application, response to a request for qualifications correspondence or other writing related to a potential agreement with the City. If requested in the solicitation document, all Respondents are to submit a completed Conflict of Interest Questionnaire (Form CIQ) with their response in addition to submitting a completed Form CIQ to the office of the City Secretary located at 550 Landa Street; New Braunfels, Texas 78130. 14.3 Certificate of Interested Parties (Form 1295) A Form 1295 will be required with the awarded partner. A proponent that will be awarded a contract that is greater than $25,000 is required to electronically create a Certificate of Interested Parties Form 1295 through the Texas Ethics Commission ("TEC") website: https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm and submit a signed and notarized copy of the form to the City prior to the award of the contract. A contract, including a City-issued purchase order, will not be enforceable or legally binding until the City receives and acknowledges receipt of the properly completed Form 1295 from the vendor. 14.4 Errors and Omissions in the RFQ If the City becomes aware of an error or omission in the RFQ, it will post a notice on the City's website. If it discovers an error or omission after the responses are submitted, it may in its discretion proceed or reissue the RFQ. Even if it elects to reissue the RFQ, the City will not be liable for any costs or damages incurred by any Respondent in preparing and submitting the original response. Page 13 of 14 RFQ — 18-038 Partnership - For a Fiber-Optic Broadband Network 15. Ownership and Confidentiality of Responses The City will not pay for any information requested, and all responses submitted become the property of the City. Responses will not be returned and may be subject to disclosure pursuant to the federal Freedom of Information Act and/or state law or code. The City may receive information that may be confidential as part of a response. If a Respondent believes that any portion of its response includes proprietary or other confidential information, it must be clearly labeled the confidential information as such, and the Respondent must state the basis for the claim to confidential treatment. Unless otherwise required by law, the City will treat such information as confidential and will not disclose it to a third party without prior notification and authorization. r Page 14 of 14 RFQ 18-038 - Partnership - For a Fiber-Optic Broadband Network ATTACHMENT VENDOR CERTIFICATIONS VENDOR CERTIFICATIONS The Proposer is required to submit the following information to Owner for consideration: Provide responses that are clear and comprehensive. Company name: Permanent main office address: Street City, ST ZIP Tax ID No.: 1. Provide a list of officers of the firm who, while in the employ of the firm or the employ of previous firms, were associated with contracts which resulted in law suits, contracts defaulted or filed for bankruptcy. 2. Form of ownership: ❑Proprietorship ❑ Partnership ❑ Corporation ❑ Other(specify) DEBARMENT/SUSPENSION INFORMATION: 1. Has the Respondent or any of its principals been debarred or suspended from contracting with any public entity? ❑ Yes ❑ No If yes, identify in an attachment the public entity and the name and current phone number of a representative of the public entity familiar with the debarment or suspension, and state the reason for or circumstances surrounding the debarment or suspension, including but not limited to the period of time for such debarment or suspension. CERTIFICATIONS: 1. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. F Yes n No A. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the solicitation process or in the Contract execution; B. "fraudulent practice" means an intentional misrepresentation of facts made 1. to influence the solicitation process or the execution of the Contract to the detriment of Owner, 2. to establish Cost Estimate or Contract prices at artificial non-competitive levels, or 3 to deprive Owner of the benefits of free and open competition; C. "collusive practice" means a scheme or arrangement between two or more Respondents, with or without the knowledge of Owner, a purpose of which is to establish Cost Estimates at artificial, non-competitive levels; and D. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the solicitation process or affect the execution of the Contract. RFQ 18-038 - Partnership - For a Fiber-Optic Broadband Network ATTACHMENT VENDOR CERTIFICATIONS 2. NON-COLLUSION CERTIFICATION: A. Non-Collusion Certification: Do you certify that all of the following are true and correct concerning your company's cost estimate? ❑ Yes ❑ No 1. That you are fully informed of the contents of the solicitation and the circumstances of its preparation; 2. That your cost estimate is genuine and is not a collusive or sham cost estimate; 3. That neither you nor anyone else acting on behalf of your company has agreed, colluded, or conspired in any manner with any other respondent, firm or person to submit a collusive or sham cost estimate, or to refrain from responding, or sought by communication or conference with any other respondent, firm or person to fix the prices, overhead, profit, or any cost element in your cost estimate or in any other cost estimate, or to secure through any collusion, conspiracy, or agreement any advantage against the City of New Braunfels or any other respondent; and 4. The prices quoted in your cost estimate are fair and proper and are not affected by any collusion, conspiracy, connivance or unlawful agreement on the part of your company or anyone acting on its behalf. 3. HOUSE BILL 89 VERIFICATION A. Contractor shall verify that it's named company, under the provisions of Subtitle F Title 10 Government Code Chapter 2270: ❑ Yes ❑ No 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership,joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. SEE NEXT PAGE FOR ACKNOWLEDGEMENT RFQ 18-038 - Partnership - For a Fiber-Optic Broadband Network ATTACHMENT VENDOR CERTIFICATIONS ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF COMAL certify that I have read all of the specifications and general RFQ requirements and do here by certify that all items submitted meet specifications. I certify that my responses and the information provided are true and correct to the best of my personal knowledge and belief and that I have made no willful misrepresentations in this Questionnaire, nor have I withheld any relevant information in my statements and answers to questions. I am aware that any information given by me in this questionnaire may be investigated and I hereby give my full permission for any such investigation and I fully acknowledge that any misrepresentations or omissions in my responses and information may cause my response to this solicitation to be rejected. Company's Name Signature, Authorized Representative of Respondent Title 2/1/2019 To kill net neutrality rules,FCC says broadband isn't"telecommunications"I Ars Technica 1 Prototype . •• WORD GAMES To kill net neutrality rules, FCC says broadband isn't "telecommunications" Bad news for Title II: Courts have let FCC define broadband however it wishes. JON BRODKIN-6/1/2017, 12:20 PM https://arstechnica.com/information-technology/2017/06/to-kill-net-neutrality-rules-fcc-says-broadband-isnt-telecommunications/ 1/7 2/1/2019 To kill net neutrality rules, FCC says broadband isn't"telecommunications"I Ars Technica 1 � I ..�•ram��►.�.�� a a E ' l7 • Enlarge The Federal Communications Commission's plan to gut net neutrality rules and deregulate the Internet service market may hinge on the definition of the word "broadband." In February 2015, the FCC's then-Democratic leadership led by Chairman Tom Wheeler classified broadband as "telecommunications," superseding the previous treatment of broadband as a less heavily regulated "information service." This was crucial in the rulemaking process because telecommunications providers are regulated as common carriers under Title II of the Communications Act, the authority used by the FCC to impose bans on blocking, throttling, and paid prioritization. SUBSCRIBE SIGN IN https://arstechnica.com/information-technology/2017/06/to-kill-net-neutrality-rules-fcc-says-broadband-isnt-telecommunications/ 2/7 2/1/2019 To kill net neutrality rules, FCC says broadband isn't"telecommunications"I Ars Technica 0 join Ars Technica and Get Our Best Tech Stories DELIVERED STRAIGHT TO YOUR INBOX. Email address SIGN ME UP Will be used in accordance with our Privacy Policy FURTHER READING Thus, when the FCC's new Republican majority voted 0 Net neutrality going down in flames on May 18 to start the process of eliminating the as FCC votes to kill Title II rules current net neutrality rules, the commission's Notice of Proposed Rulemaking(NPRM) also proposed redefining broadband as an information service once again. To make sure the net neutrality rollback survives court challenges, newly appointed FCC Chairman Ajit Pai must justify his decision to redefine broadband less than three years after the previous change. He argues that broadband isn't telecommunications because it isn't just a simple pipe to the Internet. Broadband is an information service because ISPs give customers the ability to visit social media websites, post blogs, read newspaper websites, and use search engines to find information, the FCC's new proposal states. Even if the ISPs don't host any of those websites themselves, broadband is still an information service under Pai's definition because Internet access allows consumers to reach those websites. FCC gets benefit of the doubt Telecommunications, as defined by Congress in the Communications Act, transmits information of the user's choosing to and from endpoints specified by the user without making any changes to the user's information. Pai's claim that broadband isn't telecommunications might not make sense to consumers, who generally use their Internet connections to access websites and online services offered by companies other than their ISPs, as a TechCrunch article recently argued. But courts have granted the FCC wide latitude on how it defines broadband over the years, essentially ruling that the FCC can classify Internet service however it wants. Yes, there are plenty of instances in which courts have FURTHER READING overturned FCC decisions, including a 2014 case that Tom Wheeler defeats the broadband vacated an earlier attempt to impose neutrality rules. industry:Net neutrality wins in But when it comes to defining broadband as either an court https://arstechnica.com/information-technology/2017/06/to-kill-net-neutrality-rules-fcc-says-broadband-isnt-telecommunications/ 3/7 2/1/2019 To kill net neutrality rules, FCC says broadband isn't"telecommunications"I Ars Technica information service or telecommunications,judges have allowed FCC decisions to stand as long as the commission does a reasonably good job of justifying itself. That 2014 decision didn't dispute the FCC's authority to impose net neutrality rules or reclassify ISPs—rather,judges said the FCC could impose strict versions of net neutrality rules as long as it changed its classification of broadband. Wheeler relied on the court system's deference to FCC decisions on this matter when he successfully fought off a lawsuit filed by ISPs, and Pai is hoping thatjudges will grant the same courtesy after the FCC changes its mind. Why Pai says broadband isn't telecommunications The Communications Act specifically defines telecommunications as "the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received."A telecommunications service is "the offering of telecommunications for a fee directly to the public." The 2015 FCC order that turned ISPs into common carriers and imposed net neutrality rules said that the statutory definition of telecommunications applies to broadband, as evidenced by how ISPs market their services to consumers, consumers' expectations from broadband providers, and the way the networks operate. ISPs might also offer information services such as e- mail and online storage,just like any other company ' that offers services over the Internet. But the FCC in 2015 said that ISPs' information services are separate a offerings from broadband. As a result, the Internet plan W you buy from an ISP is a regulated common carrier service even though those same providers offer some services that aren't strictly telecommunications. Pai's argument that broadband isn't Enlarge/ FCC Chairman Ajit Pai speaks during telecommunications doesn't hinge on ISPs offering the National Association of Broadcasters their own e-mail and online storage services. Instead, conference in Las Vegas on April 25, 2017. he says the core broadband offering itself isn't telecommunications. Landline and mobile voice service are both considered telecommunications by the FCC. But "Internet service providers do not appear to offer 'telecommunications,"' because "broadband Internet users do not typically specify the 'points' between and among which information is sent online," Pai's NPRM argues. It continues: Instead, routing decisions are based on the architecture of the network, not on consumers' instructions, and consumers are often unaware of where online content is stored. Domain names must be translated into IP addresses (and there is no one-to-one correspondence https://arstechnica.com/information-technology/2017/06/to-kill-net-neutrality-rules-fcc-says-broadband-isnt-telecommunications/ 4/7 2/1/2019 To kill net neutrality rules, FCC says broadband isn't"telecommunications"I Ars Technica between the two). Even IP addresses may not specify where information is transmitted to or from because caching servers store and serve popular information to reduce network loads. In short, broadband Internet users are paying for the access to information "with no knowledge of the physical location of the server where that information resides."We believe that consumers want and pay for these functionalities that go beyond mere transmission— and that they have come to expect them as part and parcel of broadband Internet access service. Under this interpretation, the fact that consumers specify which websites they want to visit isn't the same thing as specifying the "points" they want to reach. Broadband users would have to specify the IP addresses and caching servers they want to connect to in order for broadband providers to become the dumb pipe described in the definition of telecommunications. Using search engines makes broadband an "information service" An information service, by contrast, is defined in the Communications Act as"the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications." The information service definition "includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service." The "capability" part of the definition is key, according to the FCC's new argument, because broadband offers the capability to provide the functions described in the definition of information service. Pai's NPRM thus argues that today's broadband services meet the statute's definition of an information service: We believe that Internet service providers offer the "capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications."Whether posting on social media or drafting a blog, a broadband Internet user is able to generate and make available information online. Whether reading a newspaper's website or browsing the results from a search engine, a broadband Internet user is able to acquire and retrieve information online. Whether it's an address book or a grocery list, a broadband Internet user is able to store and utilize information online. Whether uploading filtered photographs or translating text into a foreign language, a broadband Internet user is able to transform and process information online. In short, broadband Internet access service appears to offer its users the "capability"to perform each and every one of the functions listed in the definition—and accordingly appears to be an information service by definition. https://arstechnica.com/information-technology/2017/06/to-kill-net-neutrality-rules-fcc-says-broadband-isnt-telecommunications/ 5/7 2/1/2019 To kill net neutrality rules, FCC says broadband isn't"telecommunications"I Ars Technica Page: 1 2 Next READER COMMENTS 191 SHARE THIS STORY JON BRODKIN Jon is Ars Technica's senior IT reporter,covering the FCC and broadband,telecommunications,wireless technology,and more. EMAIL jon.brodkin@arstechnica.com//TWITTER @JBrodkin The artistic mind of Glen Schofield War Stories I Dead - Space: The drag tentacle 0 SCh0fIS. How Does That Work?: Rising sea The artistic mind of Glen Schofield - levels Sledgehammer Games co-founder Glen Schofield goes through his artistic archives and explains how he got started in the gaming industry. O More videos PREVIOUS STORY NEXT STORY Related Stories Sponsored Stories Powered by https://arstechnica.com/information-technology/2017/06/to-kill-net-neutrality-rules-fcc-says-broadband-isnt-telecommunications/ 6/7 2/1/2019 To kill net neutrality rules, FCC says broadband isn't"telecommunications"I Ars Technica Today on Ars STORE CONTACT US NEWSLETTER SIGNUP SUBSCRIBE STAFF Join the Ars Orbital Transmission ABOUT US ADVERTISE WITH US mailing list to get weekly updates RSS FEEDS REPRINTS delivered to your inbox. VIEW MOBILE SITE Email address SUBSCRIBE CNMN Collection WIRED Media Group ©2019 Conde Nast.All rights reserved.Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement(updated 5/25/18)and Privacy Policy and Cookie Statement(updated 5/25/18)and Ars Technica Addendum (effective 8/21/2018).Ars may earn compensation on sales from links on this site.Read our affiliate link policy. Your California Privacy Rights The material on this site may not be reproduced,distributed,transmitted,cached or otherwise used,except with the prior written permission of Conde Nast. Ad Choices https:Harstechnica.com/information-technology/2017/06/to-kill-net-neutrality-rules-fcc-says-broadband-isnt-telecommunications/ 7/7 Date: February 1,2019 Report No. 2019-020 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: "Pay As You Go"Prepaid Utilities Public Launch BACKGROUND: The purpose of this report is to announce the public launch of the Pay As You Go prepaid utilities program which was implemented as a pilot program in October 2018. DISCUSSION: The Customer Service department has partnered with MyUsage to provide residential customers an option for Pay As You Go, a prepaid utility account plan. Advance payment for services ensures the customer will not receive late payment penalties, interest or deposits. This both helps customers prevent fees and utility debt while also offering greater visibility to their account status. The program has initially been offered to residential customers who have experienced challenges paying for utilities. As of January 31, 2019, 50 customers are currently active on the program and only 5 accounts have been closed for any reason. Of all accounts created in the Pay As You Go pilot, 47 customers entered the program with outstanding utility balances that would prevent account set up without payment of the outstanding balance and prepayment of a deposit. These customers were able to begin services immediately and 48% are not only current on their utility services, but also are free of any past utility balances. From the standpoint of revenue collections,these 47 customers represented$17,753.26 in outstanding debt. Since October, $7,183.74 (40.46%)of the funds have been recovered while preventing any burden of additional fees or penalties to the customer. In addition to these benefits, Pay As You Go also gives the customer tools which increase account awareness. The customer account portal enables users to monitor daily fund balances and electric consumption. The information can be used both for electric savings and as an electric conservation tool. CONCLUSION: The program has shown to be a successful option for customers facing financial difficulties. It also offers a new level of customer engagement in residential electric saving and usage habits. As such, we are expanding the program with a full public launch. The attached brochure is scheduled to mail out in customer's utility bill starting Thursday, February 7, 2019. STAFF CONTACT: Tiffany Thomson, Director of Customer Service (940)349-7401 Tiffany.ThomsonAcityo fdenton.c om When you choose to Pay As You Go City of Denton Customer Service: with MyUsage, your utility bill becomes (940) 349-8700 Pay similar to putting gas in your car- when the gas tank gets low, it's time to refill it. Call Customer Service if you would like to sign up for Pay As You Go with MyUsage, or if you have , ` o The MyUsage website and app is a tool that '� questions about the program. myusage. Lets you track your utility usage and shows Powers Awareness ■ how much money you have left on your Making Payments a prepaid utility option that puts you prepaid account. When the account gets When you need to add money to your account,you in control of when you , ay your Low, you'll get a notification to add more can make a payment in any of these ways: City of Denton utility bill. money. This frees you from late fees, • Online at MyUsage.com. deposits, and reconnect fees. • With a customer service representative from 8 a.m.to S p.m., Monday through Friday by YOUR MONEY phone at (940)349-8700 or in person at The Pay As You Go program puts you in control of 601 E. Hickory St., Ste F. your bill.You don't have to wait for a monthly bill • At the kiosk outside the building at to make a payment. Instead,you have the ability to 601 E. Hickory St., Ste F, 24 hours a day, pay as much as you want,when you want, and how 7 days a week. ^rs you want.As long as your balance does not fall • You can also use any MoneyGram location to below zero,you will not be disconnected. transfer funds to your account. rwsr� r s YOUR USAGE Email, text, and phone call alerts are available to NIL warn you when your account balance is running low. / A°�danOu"ge Studies have shown that customers who use �^ 4 prepaid billing programs such as Pay As You Go, Managing Your Account tend to incur less costs because they are more To manage your MyUsage account and track your aware of how much they are spending. Through the Pay As You Go MyUsage.com portal,you can usage,download the MyUsage app from the Apple =_ check your daily balance, monitor consumption, App Store or Google Play and register to create an r and receive alerts via text, email, or phone. account,visit www.MyUsage.com, or call MyUsage at (8SS) 274-1340. YOUR PLAN Some customers prefer to make weekly or bi-weekly payments instead of one large payment �,TY every month on their account. City of Denton's DENTON Pay As You Go program gives you that option. Customer Service: www.cityofdenton.com (940) 349-8700 www.cityofdenton.com ADA/EOE/ADEA TDD:(800)735-2989 Pub.07/18 DENTON Managing Your Account Will I still be required to pay a deposit? To manage your account and track your usage, No. Pay As You Go customers do not pay a deposit. download the MyUsage app from the Apple App The money you pay on your account goes strictly Store or Google Play and register to create an toward paying for your utilities. account,visit www.MyUsage.com, or call MyUsage How much money should I keep in my Pay As at (855) 274-1340. You Go account? Frequently Asked Questions That is entirely up to you! The great thing about the Pay As You Go program is that it is designed to fit What is the cost to start Pay As You Go? any budget.You can purchase enough utility usage In most cases, a minimum of$50 is required in order to last until your next pay day or even the entire How to Sign Up to activate an account.The Pay As You Go program year.When it's time to add funds to your account, does not require a deposit or charge any monthly $50 is recommended as a great starting point, but To participate in the Pay As You Go program, call fees. it's your choice. In the event that your balance falls the City of Denton Customer Service department at below zero, a $25 minimum credit balance is re- (940) 349-8700 Monday-Friday, 8 a.m.to 5 p.m., What if my Pay As You Go account runs low? quired to restore services. and ask to be enrolled in Pay As You Go. Customers can elect to receive alerts via text, phone, or email when their account balance reaches a Will I still receive a monthly statement? How to Make Payments certain level.The alert levels can vary depending on No. Daily notifications eliminate the need for When you need to add money to your account,you what the customer decides.When notified of a low monthly statements. If you want to view past usage, can make a payment in any of these ways: balance, simply add money to the account. you can simply sign into your MyUsage.com account • Online at MyUsage.com. or utilize the MyUsage app. What do I do if my utilities are disconnected? • With a customer service representative from I 8 a.m. to 5 p.m., Monday through Friday by In 2:u PM f the balance falls below zero,the service will be rrv> Sa a subject to disconnection.To restore services, phone at (%0) 349-8700 or in person at 9 601 E. Hickory St., Ste F. simply recharge the account by making a one-time Accounts - payment.Once you meet the minimum $25 credit • At the kiosk outside the building at BalanceS97AU I balance,the services will be restored with no 601 E. Hickory St., Ste F, 24 hours a day, t,sa9e(E'e°"'`' additional fees. 7 days a week. Usage(Water) Alerts 55 Is Pay As You Go only available to new • You can also use any MoneyGram location to orders kWhcustomers, or can I switch over? transfer funds to your account. Report anOutage ' S� Existing customers are welcome to convert their Email,text, and phone call alerts are available to Refresh „ account to Pay As You Go at anytime. In fact, doing warn you when your account balance is running low. 28 so can provide some advantages to customers with existing deposits by immediately putting that money to work for them. Date: February 1, 2019 Report No. 2019-021 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: American Legion Hall design and construction update. BACKGROUND: The American Legion Hall Senior Center, located at 629 Lakey Street, is a busy recreational facility used for active senior adult programing such as sewing, educational seminars, exercise, table games, fellowship, and monthly socials. The facility has two structures, the south side built in 1957(2,500 square feet) and the north side(2,600 square feet)built in 2003,which is connected by a covered walkway. The buildings serve as a social and recreational gathering place for adults age 50 and older. In the summer of 2017,the Parks and Recreation Department provided a tour of this facility to the City Manager. During the tour, it was noticed that several areas of the south structure built in the late 1950s had cracks in the wall and showed signs of foundation settling. The north structure had no structural issues. As a result, an engineering study was commissioned by Eikon Consulting to determine the stability of the structure, provide a repair estimate, or a replacement estimate if the repairs were too costly. Based on the age of the building, Eikon recommended that the cost to repair was not worth the effort and a full replacement of the south structure was recommended. The firm initially estimated that$614,712 was needed to replace the structure like for like with the same square footage as the current structure. This information was presented to the City Council during the Facilities Management Budget Work Session. As a result of this information, $614,712 has been budgeted in the FY 2017/18 budget for the design and construction of a new structure. In late 2017, Eikon Consulting was selected as the architectural firm for the project. Their initial design fee was $64,220 which allowed $550,462 for construction. As part of the project scope, Eikon conducted community meetings of the users and engaged City staff on the programming elements for the facility to determine the appropriate design. Based on this feedback, Eikon has recommended that the two stand-alone structures be merged into a single larger facility to approximately 7,100 square feet. This would allow the spaces to be better utilized and become more versatile by accommodating larger events, subdividing for smaller events, keeping patrons indoors, and providing a better flow throughout the building. As a result of combining the spaces, the north building would need renovation and upgrades to current safety code requirements, which were not scoped as part of the original project budget. Date: February 1, 2019 Report No. 2019-021 Gary Packan presented the design and funding to City Council on June 5,2018. With the selected add alternates Eikon's estimated probable cost to merge the two buildings and make the required renovations was projected at $1,100,050. Original Expenses Amount Original project scope: $ 614,712 Eikon design Fee: $ 64,220 Add revised scope: $ 243,038 Add alternates $ 67,500 Furniture, fixtures, equip. $ 75,000 Eikon design increase: $ 35,580 Total for revised project $1,100,050 Original Funding Amount Original project funding $ 614,712 Parks Gas Fund $ 100,000 Parks Bond Interest $ 153,000 Parks 915/916 Funds $ 249,838 Total funding $1,117,550 DISCUSSION: Over the course of the last six months, Eikon has been working on the completion of construction drawings. The initial budget amount of$1,100,050 from April 2018 was included in the June 2018 presentation. Since the conclusion of the construction drawings, a total of three estimates have been completed. These estimates ranged from$1,446,426 to$1,955,299. At this time,Eikon feels that the high estimate is a potential outliner. During the process of evaluating and comparing all estimates, staff found that"soft costs" such as insurance, builder mark-up, testing, permits, and a contingency were not included in the original estimate provided by Eikon. These costs are approximately$300,000-400,000. Eikon, along with staff, have identified potential value engineering, deductive alternatives for the bid as well as possible work that could be completed and/or managed by staff to help contain the costs. These items include removing the loggia, decreasing the multipurpose/storage room, and substituting building materials to help get the project closer to an acceptable construction total. CONCLUSION: Currently, $1,117,550 in cash funding has been identified for this project. If needed, an additional $307,424 is available from a combination Park Dedication (915) and Development (916) Funds to be utilized for this project. The final construction documents have been completed. The project will be put out for bid using the Request for Proposal (RFP)process. This will provide a more accurate range of costs for the Date: February 1, 2019 Report No. 2019-021 project. The results of the bid will be presented to Council with options to move forward in early March. STAFF CONTACT: Caroline Seward Program Area Manager, Parks and Recreation (940) 349-8271 Caroline.Seward&cityofdenton.com Date: February 1, 2019 Report No. 2019-022 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: In November, City Council Member, Keely Briggs requested more information regarding the 10- Minute Walk Campaign. BACKGROUND: On December 19,2018, and January 16,2019,Parks and Recreation staff met with members from the Trust For Public Land (TPL) Dallas and Boston Office to learn more about the program and how Denton could get involved. TPL, The National Recreation and Park Association(NRPA), and the Urban Land Institute (ULI) are leading a nationwide movement to ensure there is a park within a 10-minute walk (1/2 mile) of every person, in every neighborhood, in every city across America. Over 300 communities have already come together to support the 10-Minute Walk campaign to increase equitable park access and quality through local policy changes, master planning efforts, and increased funding. Parks provide and support the physical, social, environmental, and economic health of a community and cities nationwide. One in three Americans does not have a park within a 10-minute walk (or half-mile) of their home. According to The Trust for Public Land ParkServe database (www.parkserve.or ), only 40%Denton residents (50,157 people)have a park or trail within a 10- minute walk of where they live. This means that approximately 74,000 Denton residents do not have a park or trail within walking distance of their home. The national average of Americans with similar access to a park space within a 10-minute walk from their home is 54%. An immediate goal for the City of Denton could be to work toward attaining the national average of accessibility for residents. Denton, TX Percentage of residents who live within a 10•minute walk of a park. 40% Denton TPL created the ParkServe.org website platform to measure and analyze current access to parks in cities, towns, and communities nationwide. This new comprehensive standardized database provides communities with helpful data to examine their city park space using the US Census, Date: February 1, 2019 Report No. 2019-022 ESRI, and various other data sources. Park property that is utilized for the analysis includes publicly owned local and state parks and trails, school parks with a joint-use agreement, and privately owned parks opened for full public use. Properties not included are golf courses, cemeteries, and HOA parks. Staff will be working with TPL to make sure park spaces are accurate within the data set that is being utilized. More information on the methodology can be viewed at https://parkserve.Wl.org/methodology/. t O O � O V�. IV L MAP: TPL Park Access Map from www.ParkServe.ors. Red and orange areas of the map are parts of Denton that do not have access to a park within a 10-minute walk. Blue-numbered dots are the top five locations in Denton where establishing new parks would have the largest impact on park access for the City. The 10-minute walk campaign calls on communities to demonstrate their commitment to parks to inspire them to adopt long-term, system-wide strategies to improve equitable access to quality parks. A 10-minute walk campaign commitment is a public statement how a city will work towards ensuring that residents have a park within a 10-minute walk from their home. These commitments should be developed to promote a sustainable,evidence and practice-based approach Date: February 1, 2019 Report No. 2019-022 to improve equitable access to parks. The commitment and goals set need to be realistic and attainable both in time and financial abilities. Below is a list of examples of 10-Minute Walk commitments from other cities. More information on city pledges can be found at https://www.I Ominutewalk.or /g #Mayors. • Lewisville, Texas (Population 102,000; 61% in 10-Minute Walk) A suburb of Dallas, Lewisville is making strides to have equitable 10-minute walk access to parks. A community with a high population of immigrants and refugees, the city will be partnering with Chin Community Ministries, the Youth Action Council, and Keep Lewisville Beautiful,to engage community members in assessing walkability and access to parks. By 2025, Lewisville is committed to increasing the percentage of residents living within a 10- minute walk to a park to 85%through Small Area Plans, a Parkland Dedication Ordinance, and agreements with public and private entities that emphasizes accessibility in Community Development Block Grant(CDBG) areas and small area plan. • Austin,Texas(Population 856,500; 54%in 10-Minute Walk)The Texas capital is working to ensure that all residents have access to high-quality parks within a 5-minute walk inside the urban core of the city and a 10-minute walk outside the urban core. By July 2023, Austin will implement strategies that provide parks through multiple methods: future acquisitions, activating undeveloped parkland, and creating cross-sectional partnerships to leverage funding for new parks. • Chattanoo2a, Tennessee (Population 175,000; 36% in 10-Minute Walk) A city surrounded by natural beauty and outdoor recreation opportunities, Chattanooga is focusing its efforts on residents who do not have access to these great amenities. By Summer 2020, Chattanooga will develop a park master plan that establishes and analyzes baseline metrics for 10-minute walk park access and park quality, ensuring that data and analysis includes under-represented populations and prioritizes improved streets, sidewalks,trails,and other infrastructure to ensure safe connections to parks and to address barriers to access and use. DISCUSSION In order to help make a movement in improving our accessibility of parks to our residents, staff have identified some immediate opportunities that could be explored that will contribute to an improvement in accessibility to park land that are outlined in a suggested"Action Plan Strategy". Proposed Denton Parks and Recreation 10-Minute Walk Action Plan Strategy: 1. Select an attainable 10-Minute Walk ,goal and specific action. o Per TPL, on average approximately 2,000 people live within a 10-minute walk of each of Denton's 33 parks and trails. If developed in the right location, establishing 8-10 new parks or trails would provide park access to an additional 16,000—20,000 people, enough to bring Denton up to the national average of 54%park access. o Suggested Goal: Work toward 54%accessibility(national average) of park land to Denton residents Date: February 1, 2019 Report No. 201 9-022 2. Develop a measurement strategy that outlines what success looks like and how we will track our progress. o Since purchasing and developing land is challenging and requires significant funding,staff will be pursuing a number of initiatives that will improve accessibility with minimal financial resources. These key focus areas will be attaining cooperative agreements with schools, HOAs, and working with neighborhood developments to expand parks and recreational opportunities. o Suggested Measurement: 8-10 spaces identified and/or developed as park space that can be accessed by the public. • Educational providers - Work with the Denton Independent School District, UNT, TWU and private schools to identify possible opportunities to develop cooperative agreements on school property where the community could use the playgrounds, fields and open space for recreational play during non-school hours. • HOA — Identify accessible HOA communities in Denton that have a park, and work with HOAs to develop an agreement for public use of their park. • Railroad and utility easements — Work with institutional landowners, such as Denton Municipal Electric, to establish trails following their rights-of-way. • Private developers — Identification and improvement of the placement of park land to make sure land is located correctly and suitable for an acceptable park design,playability and accessibility. • Locate under-utilized City property that can be improved, enhanced or developed to provide community recreational needs. • Identify potential land for future park, preservation and open space during the update of the Parks, Recreation and Trails Master Plan. 3. Select a realistic date within the next 5-years for completing our commitment. o Suggested Target Date:April 2024. What would happen next? If City Council was interested in considering moving forward with the initiative the following steps would be completed: • A resolution of support will be presented to City Council for adoption at a future City Council meeting. • Finalize an Action Plan Strategy. • Staff will work with TPL and make sure all GIS maps are accurate and accounting for all applicable park spaces. • If a commitment is made by the City of Denton, the campaign will review the proposal and may contact the point of contact with any questions. • The point of contact and Mayor Watts will receive a confirmation email with the commitment. • The commitment will be publicized on www.I Ominutewalk.org and Denton will be recognized in an annual national press release. Additional media opportunities may be Date: February 1, 2019 Report No. 2019-022 available, and the campaign will work with select cities to help them publicize their commitments. • The campaign will monitor our commitment progress every 6-months through a short survey, and we will be asked to submit a final verification on the date of completion indicated in the city commitment. Below is a list of possible key city initiatives to be considered that are provided by www.10minutewalk.or2 that could be integrated into city planning and initiatives. • Develop and demonstrate broad-based support for the 10-minute walk campaign. • Create a coalition of cross-sectoral partners to support the campaign. • Engage the community to ensure all voices,including those historically under-represented, are represented throughout the campaign. • Establish, adopt, and analyze baseline metrics for 10-minute walk, accessibility and park quality. • Identify priority areas and actions based on findings from your assessed metrics and analysis. • Incorporate 10-minute walk campaign goals into citywide planning documents. • Identify funding to sustain continued investment in parks, operations, programming, and connections. • Program and maintain parks to ensure quality, use, and community support. • Improve streets, sidewalks, trails, and other infrastructure to ensure safe connections to parks and to address barriers to access and use. • Redevelop and maintain parks to be high-quality spaces that reflect the spirit of the community to maximize health, environmental, and social benefits. • Build new parks, leverage existing public land, and supporting best land use around parks. The Parks and Recreation Department is currently planning to use the "10-minute walk" as a measuring tool or development standard when identifying where public park spaces should be placed. This measuring tool will be used when trying to identify land needs during the planning of park land development. This standard is not a requirement, but a measuring tool for staff and community leaders when determining if land should be purchased and/or developed. This will be a helpful standard as the city begins the redevelopment of the Parks, Recreation and Trail System Master Plan in 2019. *PARD is working with TPL to make sure Denton parks are accurate with the data set used. STAFF CONTACT: Gary Packan Director of Parks and Recreation 940-349-7460 gary_packan&cityofdenton.com Council Meeting Revision Date Requests for Information 02/01/2019 Request Request Date Staff Responsible Department Status Requested By Update on marketing/advertising policy and naming opportunities at 1 City facilities. 8/2/2018 Langley/Packan Parks and Recreation A work session is planned for February 26. Hudspeth Information on providing additional options for broadband service 2 aside from current service providers. 9/25/2018 Birdseye/Collister Public Affairs ISR is provided in the February 1 Friday report. Briggs 3 Review of the City's agreement with the Denton Housing Authority. 10/16/2018 Kuechler/Reinwand/Leal Community Development Information will be provided in a future Friday report. Briggs Strategy for addressing telecommunications and utility lines along Information was included in the November 21 staff report.A 4 Dallas Drive including pricing and timing. 10/16/2018 Canizares/Morrow DME work session is scheduled for February 5. Briggs Staff report on the potential establishment of a citizens'tenant 5 committee to advocate for renter rights. 11/13/2018 Wood/Neal/Leal City Manager's Office Information will be provided in the February 8 Friday report. Annintor Information on alternative strategies to promote high-tech Information will be provided in the February 22 Friday 6 entrepreneurship. 11/13/2018 Booth Economic Development report. Meltzer Information on a potential program to incentivize residents to use 7 doorbell monitoring technology to assist with public safety. 11/13/2018 Dixon/PadgettBirdseye Police Information will be provided in the February 8 Friday report. Hudspeth Staff report on the feasibility of adopting and enforcing gas well notification disclosure requirements for new occupants of dwellings 8 located within 1,000 feet of a gas well pad site. 12/4/2018 Leal/McDonald Development Services Information will be provided in a future Friday report. Meltzer Information on the total number of trucks coming through Denton,a map of the general geography of Denton's new industrial corridor indicating City vs.State roads,and quantify the infrastructure impact 9 caused by major industrial developments. 12/11/2018 Booth/Estes Capital Projects Information will be provided in a future Friday report. ArmintorBriggs/Watts Policy was discussed at the January 23 Planning&Zoning Adopt a Planning&Zoning developer engagement policy similar to Commission Meeting.A resolution will be included in the 10 what Council adopted for themselves. 12/18/2018 Rosendahl/Leal Development Services February 5 City Council agenda. Ryan Staff report on options to have curbside bulky item collection for 11 commercial dumpsters. 12/18/2018 Cox Solid Waste A work session is planned for March 26. Watts 12 Update on red light camera pilot project. 12/18/2018 Deshmukh/Dixon Police Information will be provided in the February 8 Friday report. Briggs Information on pedestrian safety on East Hickory Street between the 13 City Hall East Parking Lot and the DCTA station. 1/7/2019 Deshmukh/Dixon Capital Projects Information will be provided in the February 8 Friday report. Annintor Provide guidance on the ability to provide speakers who have signed up to speak at a Public Hearing the opportunity to speak more than 14 once. 1/8/2019 Leal City Attorneys Office Information will be provided in the February 8 Friday report. Watts Information on a potential process to notify homebuyers of the risks 15 associated with purchasing manufactured/mobile homes. 1/8/2019 Leal/Lansford City Attorney's Office Information will be provided in a future Friday report. Meltzer Information on the implementation process for using impact fees to support community wide improvement projects by district or other 16 key geographies. 1/15/2019 Fuente/Birdseye/McDonald City Manager's Office Information will be provided in a future Friday report. Hudspeth Future options for coordinating public events to take advantage of free parking during evenings and weekends at TWU's new parking garage.Provide pedestrian lighting and safety options to promote use 17 of the new parking deck. 1/15/2019 Deshmukh/Booth Economic Development Information will be provided in a future Friday report. Hudspeth Information on potential reconfiguration of the work session room to 18 increase the number of seats in the room. 1/15/2019 Canizares HartleyBirseye Public Affairs Information is provided in the February 1 Friday report. lAnmntor Other Council Information Requests 02/01/2019 Request Request Date Staff Responsible Department Status Requested By Information on consultant recommendations for recycling and bulky 1 items. 11/5/2018 Cox Solid Waste A work session is planned for February 12. meltzer Staffreport on rental property inspections including practices to address faulty roofs and mold and information on how other cities 2 ensure compliance with the Tenant Bill of Rights. 11/6/2018 Wood/Neal/Leal City Manager's Office Information will be provided in the February 8 Friday report.Arimmor Develop a comprehensive housing inventory of transitional and permanent supportive housing units in the city and perform a needs 3 assessment. 11/13/2018 Kuechler Community Development An update is provided in the February 1 Friday report. Armintor Information on introducing a curbside organics/composting collection Information will be provided with the Yardwaste Business program,including to what extent a market can be found for the Case Analysis work session that is planned for late spring 4 product. 11/28/2018 Cox Solid Waste 2019. Meltzer Information on the feasibility and requirements to make multi-family recycling universal,including the needed education and outreach to 5 minimize contamination risk. 11/28/2018 Cox Solid Waste A work session is planned for February 12. Meltzer A status update is provided in the December 7 Friday report. Information on zoning concern for a proposed batch plant off of Staff will provide updates once additional information is 6 Roselawn Drive. 11/29/2018 Cannone/McDonald Development Services received from TxDOT. Briggs Information will be provided in a future Friday and/or Legal 7 Update on the Verizon pole attachment debt. 12/3/2018 Puente/Morrow DME Status report. Meltzer Information was provided in the December 7 Friday report. Update on all sidewalk projects that received Safe Routes to School A status update is provided in the January 25 Friday report. funding,including Stuart to Ginnings and the area surrounding Staff will provide additional information on project timing 8 Woodrow Elementary. 12/5/2018 Deshmukh/Estes/Oliphant Capital Projects following feedback from TxDOT. Briggs Information on a potential process to require re-notification of a new project that is being developed where Council action was previously 9 required,even if there are no changes to zoning. 12/14/2018 Cannone/McDonald Development Services Information will be provided in a future Friday report. Meltzer Staff report on the effectiveness and resources required for municipal 10 rental inspection programs across the state. 12/20/2018 Lahart CIS Information will be provided in the February 8 Friday report.Meltzer Staffreport on the legality of allowing residents to participate in public hearing electronically and discuss options with the Committee Information will be provided in a future Friday or Legal 11 on Citizen Engagement. 1/10/2019 Leal/Kuechler Public Affairs Status report. Amilntor/Briggs Information on plans for former site of Bradley Street Apartments, including the feasibility and potential cost of making the site a park 12 and/or community garden. 1/10/2019 Packan/McDonald Development Services Information will be provided in a future Friday report. Meltzer Information on additional measures that can be taken and a potential 13 project timeline for improving traffic safety on W.Oak Street. 1/12/2019 Deshmukh/smith Capital Projects Information will be provided in a future Friday report. Meltzer Project timeline on the disabled person drop off zone on Locust south of downtown and improving wheelchair accessibility on Locust 14 sidewalks. 1/15/2019 Deshmukh Capital Projects Information will be provided in a future Friday report. Hudspeth Staff report on the City of Charlotte,NC's housing bond program and new affordable housing location guidelines and the steps required to 15 have a similar bond program in Denton. 1/27/2019 Kuechler/Shaw Community Development Information will be provided in a future Friday report. Amuntor Update on the Denton Community Market's request to reduce Tamers; fees and an estimate of how quickly those reduced fees could be implemented.Include information on how the farmers'fee is used and how many farmers paid fees in 2018.Also provide information on if the occupancy permit issue with the Community Market was 16 addressed. 1/27/2019 Booth Economic Development A work session is scheduled for March 26. Annmtor/Hudspeth There is property on the comer of Fry Street and Oak Street.Has staff 17 approached the owner as a potential location for a parking lot? 1/29/2019 Cody/Williamson Capital Projects Information will be provided in a future Friday report Briggs Other Council Information Requests 02/O1/2019 Request Request Date Staff Responsible Department Status Requested By Information on planned Sherman Drive access for the Palladium Apartments and timing on the project to install a traffic signal at 18 Poinsettia Street and Sherman Drive. 1/29/2019 Deshmukh/Estes Capital Projects A work session is scheduled for February 26. Briggs Add an item to the February 5 Council Agenda to consider a resolution to sign a letter urging legislators to support a bipartisan An agenda item has been added to the February 5 Council 19 infrastructure package in 2019. 1/29/2019 Rogers/Kuechler Public Affairs meeting. Briggs Information on the zoning status for apartments planned on Georgetown Drive.Is there anything the residents can do at this point 20 to impact the status of the proposed development? 1/30/2019 Cannone/McDonald Development Services information will be provided in a future Friday report Armintor Provide an update on options to extend broadband coverage to areas 21 that do not have access to high-speed internet. 1/31/2019 Kuechler/Kraft Public Affairs ISR is provided in the February 1 Friday report. Briggs Update on the feasibility of a caboose restoration project for the 22 Denton Noon Rotary Club's centennial project. 2/1/2019 Packan Parks and Recreation Information will be provided in a future Friday report. Meltzer Cityof Denton City Hall 215 E. McKinney St. Denton,Texas 76201 www.cityofdenton.com DENTON Meeting Agenda City Council Tuesday, February 12,2019 12:00 PM Work Session Room&Council Chambers WORK SESSION BEGINS AT 12:00 P.M.IN THE WORK SESSION ROOM OPEN MEETING BEGINS FOLLOWING THE WORK SESSION IN THE WORK SESSION ROOM After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, February 12, 2019 at 12:00 p.m. in the Council Work Session Room at City Hall, 215 E.McKinney Street,Denton,Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for February 12,2019. 3. Work Session Reports A. ID 19-209 Receive a report, hold a discussion, and give staff direction regarding a mid-year update on the Denton Chamber of Commerce, the Denton Convention and Visitors Bureau, and the Denton Chamber of Commerce's Office of Economic Development. B. DCA18-0009 Receive a report, hold a discussion, and provide staff direction on the Denton Development Code Update and Draft Zoning Map. C. ID 19-017 Receive a report, hold a discussion, and give staff direction on creation of The Denton Square District, with associated draft Design Standards and Guidelines, procedures and review body. D. ID 19-068 Receive a report, hold discussion, and give staff direction regarding the Development Agreements with Robson Development, LP and Petrus Investment, L.P, for diversion of wastewater flows from Robson Ranch Water Reclamation Plant to the Denton wastewater collection system. E. ID 19-289 Receive a report, hold a discussion, and give staff direction regarding the Solid Waste department's residential and commercial recycling operations. NOTE: The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. Page I Printed on 21112019 City Council Meeting Agenda February 12, 2019 Following the completion of the Work Session, the City Council will convene in a Special Called Meeting to consider the following items: 1. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A — G). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A — G below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. ID 19-014 Consider adoption of an ordinance approving an abandonment and rearrangement agreement for gas pipeline(s) between the City of Denton and Enlink North Texas Gathering, LP, a Texas Limited Partnership; providing for the payment of six hundred eighteen thousand dollars ($618,000.00) to Enlink Midstream Services, LLC for the rearrangement of gas pipelines in conflict with the new alignment of South Bonnie Brae Street, the limits of which being generally bounded between Vintage Boulevard and Roselawn Drive; authorizing the City Manager to execute the agreement; making expenditures thereto; and providing an effective date. B. ID 19-034 Consider adoption of an ordinance of the City of Denton, approving a City sponsorship in an amount not to exceed $330 of in-kind services for the Tails and Trails to be held on Saturday, March 30, 2019, from 9:30 a.m. to 11:00 a.m., at the North Lakes Park; and providing an effective date. C. ID 19-035 Consider adoption of an ordinance of the City of Denton prohibiting the operation of shared electric scooter services on city rights-of-way; providing a penalty cause; providing a severability clause;and declaring an effective date. D. ID 19-110 Consider adoption of an Ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, updating the existing "Denton Municipal Electric - Energy Risk Management Policy". E. ID 19-227 Consider approval of a Resolution of the City of Denton, Texas evidencing support for the proposed new construction of Riva Denton apartments in Denton to provide affordable and market rate rental housing; and providing for an effective date. F. ID 19-265 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract through the Buy Board Cooperative Purchasing Network Contract Number 571-18 for the acquisition one (1) Pierce Enforcer Heavy Rescue Light and Air Truck; providing for the expenditure of funds therefor; and providing an effective date (File 6995 - awarded to Siddons-Martin Emergency Group in the amount of$696,706.47) Page 2 Printed on 21112019 City Council Meeting Agenda February 12, 2019 G. ID 19-297 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract Number DIR-TSO-3965 with Johnston Technical Services, Inc., for the Motorola radio tower modifications; providing for the expenditure of funds therefor; and providing an effective date (File 6983 - awarded to Johnston Technical Services, Inc., in the not-to-exceed amount of$65,012.80). 2. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 19-028 Consider approval of a resolution of the City Council of the City of Denton, Texas, in support of seeking legislative authority to allow the City of Denton to consider creation of a municipal management district; and providing for an effective date. 3. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas,on the day of ,2019 at o'clock(a.m.)(p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. Page 3 Printed on 21112019 Future Work Session Items 2/1/2019 Meeting Date Currently Slated Work Session Items 4-Feb Lunch City Hall East Facility Location will be City 11:00 Start Time Cultural District Plan for PD Polling Locations Hall East/Police HQ 5-Feb Cole/Hunter Development Follow-Housing Tax Credit Dallas/Teasley 1:30 Start Time Up Applications Telecom Poles 12-Feb Construction Right- Downtown Design Denton Chamber/CVB Recycling Business Noon Start Time of-Way Ordinance Standards Development Code Discussion Case Analysis May replace Rayzor Update on Ranch Park with Roadway CIP Development Sponsorship/ Denton Patrick Park or 26-Feb Supplemental Service Fees Rayzor Ranch Park Naming Policy Development Code Tennis Center Council Appointee Work Session Location will be the 4-Mar Lunch Fire Diversity Review Process Animal Shelter* Strategy Session Animal Shelter Robson Wastewater Collection Denton DEC Noise Bonnie Brae and Development 5-Mar Development Code Mitigation Mews Streets Scripture Tract Agreement Right-of-Way New Market Tax Special Event Ordinance Follow- 19-Mar Credits Patrick Park Tennis Center Ordinance Update Up Home Chemical Collection and Bulky Community Market Credit and Item Business Case Solid Waste Mid- Supplemental 26-Mar Collections Study Analysis Year Budget Review Eagle Substation Request 1-Apr Lunch Blue Zones Community Development Process Solid Waste Rate Discussion Yard Waste (Potentially South Lakes Park Purchasing Manual Collection Business combined with 1001 Mayhill Facility Parking Lot Update Case Analysis budget) Improvements Mandatory Recycling for Commercial and Date TBD Multifamily Rayzor Ranch PID Scheduled from 10/23 Work Session Top 5 from 11/27 Work Session *Will include overview of FeLV and FIV testing Construction Projects Report Week of February 4 10,2019 IMPROVING I('IC0Ir F)7 n DENTaN For general inquiries and questions,please contact the Project Management Office at(940)349-7227 N � Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes CURRENT PROJECTS See Yellow Highlighted for Ma'or Closures Wastewater,Water Main Wastewater Water improvements to Atlas Dr. Redstone Hercules 1/8/19 3/7/19 Replacement and Street Repairs Wastewater 12/17/18 follow 4/30/19-6/29/19 (Temporary Lane Closures (940)349-7300 Street Repairs TBD LINT 2018 Residence Hall Project Coordinate with Ave.A Maple Eagle 3/19/18 3/31/19 (Both SB Lanes Closed) Engineering N/A LINT (940)349 8910 Road Reconstruction Contacted Multi- Ave.C Mulberry Oak 2/4/19 2/8/19 Streets 1/28/19 Family Residences (940)349-7160 (Road Closure) &LINT Ave.C Hickory Mulberry 9/24/18 2/8/19 LINT Monument Wall Public WorksUNT Project (940)349-8905 (Road Closure) Inspections Bernard St. Fannin W Chestnut 1/4/19 4/5/19 Street Reconstruction Streets 12/17/18 (940)349-7160 (Street Closure) Bonnie Brae St. Roselawn North of 7/1/17 7/1/19 Street Widening Engineering 6/14/18 (940)349-8910 Vintage (Phase 1) Southern dead Street Reconstruction Castle Ln. Wilsonwood end 1/3/19 2/22/19 (Street Closure) Streets 12/17/18 (940)349-7160 Dallas Dr. Intersection of Teasley 11/12/18 3/8/19 Turn Lane Upgrade Streets 11/5/18 (940)349-7160 (Temporary Lane Closure) Eagle Dr. Elm Carroll 1/31/19 5/31/19 Drainage and Water Improvements Drainage (940)268-9726 (Street Closure) Water Eagle Dr. Ave A Ave B 1/30/19 2/5/19 LINT Driveway Project Public Works (940)349-8910 Completion Extended from (Temporary N. Bound Lane Closure) Inspections 2/3/19 City of FM 2181 Denton/Corinth Lillian Miller 7/11/17 7/1/20 Street Widening TxDOT TxDOT (940)-387-1414 City limits Page 1 of 6 Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes Atmos Utility Relocations, Street Atmos Hickory St. Ave B Welch 12/10/18 2/28/19 Repairs (Parking Area Atmos 205- Street Repairs to follow Only) (940) 05-9821 3/25/19-TBD Hickory Creek Rd. Riverpass FM 1830 2/4/19 2/18/19 Safety Improvements County (940)349-8910 (Road Closure) South of Utility Line Improvements Acadia Nextdoor Hinkle Dr. 600 Ft Headlee 1/22/19 2/19/19 (Northbound Lane Closure) Services Notification (940)268-9842 Concrete Improvements Developer Nextdoor Completion Extended from Junipero St. Del Rey Dolores 1/21/19 2/22/19 Notification,Door (940)268-9726 (Temporary Lane Closures) (Lilco) Han r 2/8/19 Wastewater Improvements Nextdoor Kendoph Ln. 1-35 Willowwood 11/26/18 2/15/19 (Daily Street Closure will re-open end Wastewater N/A Notification, (940)349-7300 of each day) Door Hanger Water,Wastewater Main Nextdoor Wastewater improvements Kerley St. Duncan Shady Oaks 1/3/19 3/8/19 Water Notification, Replacement and Street Repairs Water to follow 4/3/19-7/30/19 (Daily Street Closure will re-open end Door Hanger (940)349-7167 Streets Repairs 8/5/19- of each day) 1/9/20 Kings Row Yellowstone Sherman 12/26/18 4/26/19 Curb and Gutter Replacement Streets 12/7/18 (940)349-7160 (Temporary Lane Closure) Laguna Dr. Yellowstone Sherman 12/17/18 4/26/19 Curb and Gutter Replacement Streets 12/7/18 (940)349-7160 (Temporary Lane Closure) Lipizzan Dr. Wheeler Ridge Thoroughbred 1/22/19 2/22/19 Street Panel Repair Streets 1/11/19 (940)349-7160 (Temporary Lane Closure) Manhattan Dr. Yellowstone Sherman 11/26/18 3/29/19 Curb and Gutter Replacement Streets 11/14/18 (940)349-7160 (Temporary Lane Closure) Mayhill Rd. US 380 Edwards 9/1/17 2/1/20 Street Widening Engineering 1/3/18, 1/24/18 Door Hangers (940)349-8910 (Temporary Lane Closures) Utility Improvements Extended Completion from McKinney St. Woodrow Jannie 12/10/18 2/22/19 Engineering N/A (940)349-8910 (Temporary Outside Lane Closure) 2/1/19 Drainage Improvements,Water Main Drainage Water Replacement to Mistywood Ln. Rockwood Jamestown 1/3/19 3/5/19 Replacement,Street Repairs Drainage 12/17/18 (940)349-8488 Follow 6/28/19-10/23/19 (Intermittent Street Closure) Street Repairs 10/28/19-TBD Myrtle St. Eagle Maple 9 4 18 5 31 19 Eagle Drainage Improvements Engineering 8 21 18 Contacted DCTA (940)349-8910 (Street Closure) Page 2 of 6 Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes Paisley St. Ruddell Audra 1/22/19 2/22/19 Sidewalk Repair Streets 1/16/19 (940)349-7160 (No Street Parking) FM 2181 Road Widening Nextdoor Ranchman Blvd. Intersection of FM 2181 1/4/19 TBD (Road Closure on Ranchman to the TxDOT Notification, (940)349-8910 Extended Completion from 2/4/19 east and west of FM 2181) Electronic Signs Road Removal and Replacement Completion Extended from Riney Rd. N.Elm Solana 9/29/17 2/14/19 (Road Closure) Engineering Yes Electronic Signs (940)349 8910 1/31/19 Drainage Improvements, Street Rockwood Ln. Royal Mistywood 11/26/18 3/5/19 Repairs Drainage 11/23/18 Door Hangers Drainage Street Repairs follow (Intermittent Street Closure) (940)349-8488 10/28/19 TBD Roselawn Dr. US 377 Bernard 1/7/19 2/9/19 US 377 Street Improvement TxDOT Nextdoor (940)387-1414 Completion Extended from (Road Closure) Notification 1/26/19 Drainage Improvements, Street Royal Ln. Royal Rockwood 11/26/18 3/5/19 Repairs Drainage 11/23/18 Drainage (940) Street Repairs follow (Intermittent Street Closure) 349 8488 10/28/19 TBD Atmos Utility Relocations Scripture St. Thomas Ector 1/4/19 2/5/19 (Westbound Lane Closure,Intersection Atmos Nextdoor (940)205-9821 Once completed,continuing Notification between Ector and Gober at Hillcrest Closed) Base Repairs Meet with business Completion Extended from Shady Oaks Dr. Teasley Woodrow 12/3/18 2/15/19 Streets Electronic Signs (940)349-7160 (Temporary Lane Closure) owners 2/1/19 Sierra Dr. Yellowstone Sherman 11/26/18 3/29/19 Curb and Gutter Replacement Streets 11/14/18 (940)349-7160 (Temporary Lane Closure) Mayhill Road Widening Contacted Completion Extended from Spencer Rd. Mayhill Bridges 4/2/18 2/15/18 Engineering 3/16/2018,9/14 departments (940)349-8910 (Road Closure) affected i/31/19 Stuart Rd. Long Keystone 1/30/19 4/30/19 Street Reconstruction CM Nextdoor (940)231-9036 (Street Closure) Construction Notification Street Widening US 377(Ft.Worth Dr.) IH 35E 0.26 mi south of 12/3/18 12/12/20 (Temporary Lane Closures during non- TxDOT 9/25/18 Public Meeting FM 1830 10/8 (940)387-1414 peak traffic) Yellowstone PI. Kings Row Monterey 1/28/19 5/20/19 Street Reconstruction Streets 1/23/19 (940)349-7160 (Temproary Block Closures) COMPLETED PROJECTS Page 3 of 6 Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes g / / / / Street Panel Repair ( ) p P Athens Dr. Tawakoni Eagle Mountain 1 22 19 2 13 19 Streets 12/17/18 940 349-7160 Expedited Completion (Temporary Lane Closure) Water Main Replacement New Completion Bowling Green St. Georgetown Auburn 11/29/18 1/29/19 (Daily Street Closure will re-open end Water 11/7/18 (940)349-7167 Street Repairs to Follow of each day) 2/25-5/10/19 Eagle Mountain Dr. Athens Gilmer 1/7/19 2/1/19 Street Panel Repair Streets 12/17/18 (940)349-7160 New Completion (Temporary Lane Closure) Egan St. Intersection of Malone 1/14/19 1/25/19 Sidewalk Repair Streets Nextdoor (940)349-7160 New Completion (No Street Parking) Notification Box Culvert Installation Part of Eagle Elm St. Eagle Maple 10/22/18 1/31/19 Engineering 10/11/18 Communications,visited (940)349-8910 New Completion (Temporary Lane Closures) businesses on 10/11 Hickory St. Ave C Ave B 9/24/18 1/15/19 Phase III Street Reconstruction Streets 9/12/18 (940)349-7160 (Street Closure) Mayhill Rd. Intersection of Gayla 11/26/18 1/31/19 Part of Mayhill Street Widening Engineering (940)349-8910 New Completion (Road Closure with Detour) Mistywood Ln. Woodhaven Rockwood 11/7/18 1/7/19 Wastewater Main ReconstructionWastewater 8/23/18 (940)349-7300 (Temporary Lane Closures) Oak St. Fulton Mounts 12/17/18 1/4/19 Water Main Replacement Water 12/10/18 (940)349-8910 (Street Closure) Prairie St. Bell Skinner 1/11/19 1/14/19 Private Construction Private (Road Closure) Business Prominence Pkw Mayhill Atlanta 1 31 18 1/31/19 Mayhill Road Widening Engineering 1 24 18 Door Hangers y. y / / g g / / g (940)349-8910 New Completion (Road Closure) Spring Side Rd. Underwood Westcourt 1/7/19 1/18/19 Street Panel Repair Streets N/A Business Contacted (940)349-7160 (Temporary Lane Closure) Page 4 of 6 Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes UPCOMING PROJECTS Bonnie Brae St. Roselawn 135E 2/15/19 2/15/20 North South Water Main Phase 2Engineering 11/26/18 (940)349-8910 (Temporary Lane Closures) Bowling Green St. Georgetown Auburn 2/25/19 5/10/19 Street Reconstruction Streets 12/17/18 (940)349-7160 Following Water Main (Street Closure) Replacement Carroll Blvd. Congress Egan 2/11/19 3/29/19 Street Panel Repair Streets (940)349-7160 New Project (Northbound Only Street Closure) ForreStridge Dr. Timbergreen Rolling Hills 2/11/19 3/1/19 Street Panel Repair Streets (940)349-7160 New Project (Southbound Road Closure) Wastewater Main Replacement, Fulton St. Congress Gregg 2/18/19 4/2/19 Street Repairs Wastewater Wastewater Street improvements to (940)349-7300 follow in mid 2019 (Temporary Lane Closures) Hercules Ln. Sherman Stuart 3/11/19 6/14/19 Water Main Replacement Water (940)349-7167 Updated Start/Finish (Temporary Lane Closure) y y P / / / / Street Widening g g / / Hickory Creek Rd. Teasley River ass 3 1 19 6 1 20 Engineering 11 26 18 (940)349-8910 (Temporary Lane Closures) HillCrest St. Crescent Emory 3/8/19 4/12/19 Wastewater Main ReplacementWastewater (940)349-7300 (Temporary Lane Closure) Phase I-Storm Water Improvements Hinkle Dr. University Windsor 3/1/19 3/1/20 (Magnolia Drainage Ph 11 Engineering 11/13/18 (940)349-8910 Temporary Lane Closures) Johnson St. Mill Dallas 3/19/19 4/29/19 Water Main Replacement Water (940)349-7167 E Collins E Daugherty (Temporary Lane Closure) Panhandle St. Carroll Bolivar TBD TBD Street Resurfacing,Curb and Gutter Streets 4/9/18 Door Hangers (940)349-7160 (Temporary Lane Closures) PEC 4-Engineering In Design Installing Underground Box Culvert Engineering 11/13/18 (940)349-8910 Kansas City Drainage and Roadway Construction Roselawn Dr. Bonnie Brae Southern RR TBD TBD (Bonnie Brae Phase 1 Engineering N/A (940)349-8910 One Lane traffic control) Page 5 of 6 Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes Atmos Utility Relocations Scripture St. Ector Gober 2 4 19 2 28 19 Nextdoor Once Completed,continuing p / / / / (Westbound Lane Closure;Intersection Atmos Notification (940)205-9821 between Gober and Normal at Bradley Closed) Scripture St. Gober Normal 3/4/19 3/29/19 Atmos Utility Relocations Atmos (940)205-9821 (Westbound Lane Closure) Stuart Rd. Windsor Kings Row TBD TBD Concrete Curb and Gutter Repair Streets (940)349-7160 (Temporary Lane Closures) Thomas St. Panhandle Oak TBD TBD Streets Construction Streets (940)349-7160 Vintage Blvd. US 377 135W 10/1/2019 10/1/2021 Street Widening Engineering (940)349-8910 (Bonnie Brae Phase 2) Page 6 of 6