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052419 Friday Staff Report I;' "` City Manager's Office DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-8307 MEMORANDUM DATE: May 24, 2019 TO: The Honorable Mayor Watts and Council Members FROM: Todd Hileman, City Manager SUBJECT: Friday Staff Report I. Council Schedule A. Meetings 1. No - Council Airport Committee on Tuesday, May 28, 2019 at 40:00 a.m. in the City Hall Conference Room. 2. No - City Council Meeting on Tuesday, May 28, 2019. 3. Special Called Public Art Committee on Tuesday, May 28, 2019 at 4:00 p.m. in the City Hall Conference Room. 4. No—Downtown Denton Tax Increment Financing Zone No. 1 Meeting on Wednesday,May 29,2019 at 12:00 p.m.in the City Council Work Session Room. 5. Agenda Committee Meeting Wednesday,May 29,2019 at 2:30 p.m.in the City Manager's Conference Room. 6. Special Called Work Session of the Planning and Zoning Commission on Wednesday, May 29, 2019 at 5:00 p.m. in the City Council Work Session Room, followed by a Regular Meeting at 6:30 p.m. in the City Council Chambers. 7. Bond Advisory Committee on Thursday, May 30, 2019 at 6:00 p.m. at the Public Safety Training Center. 8. Development Code Review Committee Meeting on Friday, May 31, 2019 at 11:00 a.m. in the City Council Work Session Room. B. Upcoming Events None OUR CORE VALUES Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service II. General Information & Status Update A. Legislative Update — Staff would like to provide an update on the status of four pieces of legislation that have made substantial progress in the Texas State Legislature. • House Bill 1631 (Strickland) amends the Transportation Code to prohibit local authorities, including municipalities, from operating a photographic traffic signal enforcement system, or red-light cameras. This bill gained final passage from the Legislature on May 17, was enrolled, and sent the Office of the Governor for signature. The bill would become immediately effective 20 days after the conclusion of the legislative session or when signed by the Governor, whichever occurs first. This bill is discussed in more detail in an Informal Staff Report within this Friday Report. • Senate Bill 1152 (Hancock) amends the Local Government Code to eliminate certain right-of-way rental fees for telecommunications companies by allowing a company to elect to pay either telephone franchise fees under the access line compensation system or cable franchise fees under the state-issued cable franchise system, but not both as they currently must. The bill allows the companies to choose to no longer pay the lesser of the two fees, although they benefit financially from both by using public land for a private purpose. On April 16, 2019, the City Council passed a resolution in opposition of this bill as it would force City of Denton taxpayers to subsidize the operational costs of private businesses and allow the use of publicly-owned property for less than fair market value. This bill gained final passage from the Legislature on May 21 and will be enrolled and sent to the Office of the Governor for signature. The bill will take effect on September 30, 2019 and will apply only to franchise fee payments made after January 1, 2020. City Staff expects the resulting estimated revenue loss to be over$670,000 per year. • Senate Bill 21 (Huffinan) amends the Health and Safety Code to prohibit sales to or the possession,purchase,consumption,and receipt of cigarettes, e-cigarettes, and tobacco products to anyone under the age of 21 years. A notable exception is that military personnel presenting valid military identification may legally purchase and consume cigarettes, e-cigarettes, and tobacco products. Additionally, persons between the ages of 18 and 21 at the time that the bill takes effect are also exempt. On February 26, 2019,the City Council passed a resolution in support of similar legislation as there is evidence that reducing the availability of tobacco and e-cigarette products for persons between 18 and 21 years of age results in a reduction of smoking and smoking-related public health impacts. This bill gained final passage from the Legislature on May 21 and will be enrolled and sent to the Office of the Governor for signature. The bill will take effect on September 1, 2019. 2 • House Bill 1545 (Paddie) will provide for the continuation and functions of the Texas Alcoholic Beverage Commission (TABC) until its next scheduled review by the Sunset Advisory Commission. Included in the expansive legislation is a provision that allows for the sale of 288 ounces of ale or beer for off-premises consumption by breweries with a brewers permit or manufacturing license. On April 9, 2019, the City Council passed a resolution in support of"to-go"ale and beer sales by breweries as such a change would increase the economic impact of breweries, particularly in Denton, and promote greater fairness under the law by eliminating legal differences relating to "to-go" sales for breweries, distilleries, and wineries. The bill gained passage from the Texas Senate on May 22 and will be enrolled and sent to the Office of the Governor for signature. An amended version of the House Bill passed the Senate on May 22. The House will have until Sunday, May 26 to concur with those amendments. Staff continues to monitor legislation until the 86th Legislative Session comes to a close on Monday,May 27, 2019, and will provide a more comprehensive update to the City Council in a future Friday report. Staff contact: Ryan Adams, Public Affairs B. High Speed Internet Coverage Gaps — Following a presentation by a member of the public during the May 7 City Council meeting, Council Members Armintor and Briggs asked staff to coordinate with CenturyLink,Frontier,Charter,and other service providers to determine their willingness to address current service gaps in the community.Following that meeting,staff from the City Manager's Office have been communicating with the incumbent internet providers in the City to determine if there are any options to provide service for the homes along Swisher Rd., Crapemyrtle Dr., and Crossvine Ct. Both Charter Communications and CenturyLink are currently researching their infrastructure in the area to determine what estimated expenses it would take to get into the area. Frontier Communications does not service that district, as their boundary is Lakeview Dr., which runs to the north of this neighborhood. Staff will continue conversations with Charter and CenturyLink, and will provide updates to Council as information becomes available. Staff contact: Mario Canizares, City Manager's Office C. Paid Parental Leave—During the May 21 City Council meeting staff was asked to provide information on the status of establishing a Paid Parental Leave Program for City of Denton employees. The attached Informal Staff Report (No. 2019- 087)was distributed on April 26 outlining research that the Human Resources staff conducted on paid parental leave including programs in Austin, Lake Jackson, Desoto,and San Antonio. While it is difficult to predict how many employees will use leave for a birth or adoption during any given year, the ISR estimates an average annual cost to the City of between $142, 140 and$284,280 depending on the number of weeks included in the program. Funding considerations for a Paid Parental Leave Program will be included in FY 2019-2020 budget discussions. Staff contact: Carla Romine, Human Resources 3 D. Electric Lawn Equipment Rebates—During the May 21 Council meeting, Council Member Meltzer requested information on a rebate program for electric lawn care equipment. A rebate for this type of equipment fits within the goals of the GreenSense program. GreenSense is reviewed annually, and the Electric Lawn Equipment rebate will be proposed for consideration in the program in the future. The GreenSense rebate will be reviewed by the Council Committee on the Environment in June/July a and will be presented to the Public Utilities Board and City Council as part of the budget process. Information regarding lawn equipment rebates was shared in the April 26 Friday report including information about the Mow Down Smog rebate that is offered in San Antonio through CPS Energy. Staff contact: Katherine Barnett, Sustainability E. Denton Animal Support Foundation — The Denton Animal Support Foundation (DASF)continues to be a generous and wonderful community supporter of Denton Animal Services. Most recently, DASF has funded several animal shelter enhancement opportunities. The new shelter enhancements include state of the art cat towers for the Cat Colony room, inviting functional benches for the meet & greet rooms and the installation of permanent shade sources for the small and large dog yards coming this summer. We are excited for the enhanced experience and safety this will provide our animals, volunteers, residents and staff. The City and Denton Animal Services would like to thank DASF for the continued support in adoption subsides, medical treatment of animals, community outreach and the many other ways they help care for the animals. Staff contact: Tiffany Thomson, Customer Service • 4 F. Dallas Drive and Teasley Lane Construction — Contractors have completed the work on the curb and pattern concrete on Dallas Drive(section 1 &2). City crews have removed the median on Teasley and contractors have begun forming and poring the curb (sections 3 &4). Currently, the project is 70% complete and with the loss of 84 working days due to weather and franchise utilities the current completion date is projected for June 14. Staff contact: Todd Estes, Engineering '` ay r' Section 1 O ��� Section 3 )er's Copies d//d`rO� Ming Section 4 Section 2 d// ds G. Construction Outreach to Businesses — During the May 21 Council meeting, Council Member Hudspeth requested information on ways that the City can provide relief to business owners impacted by City construction projects. Staff from the Public Affairs Department are creating a Business Construction Survival Guide for Denton businesses to provide resources and strategies that can be beneficial to mediating the impacts of extended construction or road closures to their businesses. The guide will provide helpful information about the construction process and insight on how to keep businesses operating throughout the duration of a project. In addition, the guide will highlight the resources and services the City offers to help all businesses whether they are impacted by an improvement project or not. To date, staff from the Public Affairs and Economic Development Departments have held meetings to collaborate on content and messaging specific to the needs and concerns of local businesses. A final review will be planned in the coming week with the Public Affairs and Economic Development Departments prior to distribution of the guide. Staff contact: Stephanie Yates, Public Affairs 5 H. GreenSense Solar Rebate Program Update — On May 15, DME staff received its 100th solar application since the start of fiscal year 2019; surpassing the 90 submitted for the entire 2018 fiscal year. This week, two more applications were received and of the 102 projects, 76 have been completed, nine are pending installation, and 17 are in different levels of the City's approval process. City Council approved $500,000 for the solar portion of the GreenSense Incentive Program, 150% more than the fiscal year 2018 solar budget, allowing more customers to receive rebates before funds were depleted. Customers with completed projects received rebates totaling in $317,014. Additionally, pending projects have $124,305 in committed funds; leaving $58,681 available for future solar installations. Staff contact: Elizabeth Ruiz, DME I. Prairie Street Historical Designation — During the March 5 Council Meeting, Council Member Meltzer requested information on the potential of having a historical designation for Prairie Street. Following the request, staff met on site with Council Member Meltzer to discuss the area, and made a site visit to the American Legion Sr. Center to speak with patrons. A survey of the area indicates that Prairie St., along with nearby developments, show potential for historical designation, as there are a number of single-family residences associated with people who have had significant impacts on Denton's growth,both physically and culturally. One significant resource that would assist with research is the archive of 1940s tax images held by Denton County. At present, this analog database is out for digitization, and once it is returned and accessible, staff will be able to use this information to form the basis for additional research specific to Prairie Street and the residential development in the area. Staff contact: Roman McAllen, Development Services J. Summer Reading Challenge — Denton Public Library's Summer Reading Challenge has officially begun! The Summer Reading Challenge is a free literacy program for all ages that is designed to encourage the whole community to celebrate a love for reading. Participants who read for five hours will win a free book, and those who read for five additional hours will be entered into a prize drawing for their age group (adults, teen, elementary,preschool). Participants can sign up now through July 22 at denton.readsquared.com, or any Denton Public Library location. Staff contact: Dawn Terrizzi, Libraries 6 K. Cultural Appreciation Series — Denton Public Library will be holding a Cultural Appreciation Series this summer that is made possible by the American Creed.• Community Conversations grant that the library was awarded this past winter. The grant provided the library with a $300 programming stipend to develop collaborative programming to build community engagement and encourage respectful community conversations that focus on American culture, ideals and identity. The first program in the series will be a screening of the American Creed documentary that will take place on the evening of Tuesday, May 28 at 6:30 p.m. The screening will be followed by a discussion led by National Writing Project representative and UNT Education Professor Carol Wickstrom. On June 8 at 2:00 p.m., TWU Psychology Professor John Terrizzi will be giving a presentation on what causes prejudice to happen in the brain and what we can do to better appreciate all diversity. And finally, Denton Public Library and TWU English Professor Gretchen Busl will be leading a book discussion on the title Make Your Home Among Strangers by Jennine Cap6 Crucet on Tuesday, August 6 at 6:30 p.m. The story follows Lizet, the daughter of Cuban immigrants, whose coming- of-age is rocked by the death of a woman fleeing Cuba with her young son. Books are available for checkout with a library card at all of the City of Denton public library branches. All programs will take place at the Emily Fowler Central Library. Staff contact: Dawn Terrizzi, Libraries III. Upcoming Community Events and Meetings A. Events None B. Community Meetings 1. Bonnie Brae Roundabout Public Information Meeting Thursday, May 30 from 6:00 to 8:00 p.m. at Highland Baptist Church (600 Thomas St.); Staff contact: Jim Jenks, Capital Projects 2. South Lakes Park Public Meeting — Thursday, June 13 beginning at 6:00 p.m. at South Lakes Park Pavilion#2 (556 Hobson Ln.); Staff contact: Gary Packan, Parks and Recreation IV. Attachments A. Informal Staff Report No. 2019-087 Paid Parental Leave.......................................9 B. Press Release—Notice of Public Meeting for Input on South Lake Park.............21 C. Press Release—Memorial Day Closings...............................................................22 V. Informal Staff Reports A. 2019-105 2019 General Election Voter Turnout in City Limits............................24 B. 2019-106 Major Systems Replacement Program ..................................................26 C. 2019-107 Red Light Camera Prohibition...............................................................33 D. 2019-108 2019 Denton Arts and Jazz Festival Summary......................................71 E. 2019-109 2116 W. Oak St. ...................................................................................73 VI. Council Information A. Council Meeting Requests for Information..........................................................82 B. Other Council Requests for Information..............................................................83 C. Council Calendar..................................................................................................84 D. Draft Agenda for June 3 .......................................................................................87 E. Draft Agenda for June 4.......................................................................................88 F. Future Work Session Items ..................................................................................94 G. Street Construction Report...................................................................................95 8 Date: April 26,2019 Report No. 2019-087 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Paid Parental Leave EXECUTIVE SUMMARY: In response to requests by Council in 2015 and 2017, Informal Staff Reports (see attached)were provided that summarized the research that the Human Resources staff conducted on paid parental leave. Based on the research conducted at that time, the only cities in the State of Texas that offered paid parental leave (beyond what is required under the Family Medical Leave Act (FMLA))were Austin, Lake Jackson, and San Antonio. At that time no DFW metroplex cities offered paid parental leave. On April 6, 2019, Councilmember Armintor sent an email to the City Manager requesting a work session on paid parental leave for City of Denton employees. This request was in response to an article about the City of DeSoto's Council passing a parental leave policy which will be effective October 1, 2019. Below is an update of the report that was sent to the Council on September 22, 2017. BACKGROUND: Currently the City of Denton does not offer paid parental leave beyond the Family Medical Leave Act(FMLA). Under the FMLA, we must offer any employee who has been with the City at least 12 months, and who has worked 1,250 hours in the 12 month period prior to the start of the leave, 12 weeks of protected(assured continued employment), unpaid leave for the following reasons: • for incapacity due to pregnancy, prenatal medical care or child birth; • to care for the employee's child after birth, or placement for adoption or foster care; • to care for the employee's spouse, son, daughter or parent,who has a serious health condition; or • for a serious health condition that makes the employee unable to perform the employee's job. We run our leave policies concurrent with FMLA, so employees can be paid during this 12-week period as long as they have the time accrued. The City of Denton's leave benefit accruals are outlined in the chart below: Sick Vacation Employee Group Accrual Maximum Accrual,' Maximum Accrual Carry-Over Regular Full-Time, 10 hours/month 720 hours 10 hours/month 320 hours on Non-Civil Service (equates to 15 (equates to 15 anniversary Employees days/year) days/year) date Page 1 of 5 9 Date: April 26,2019 Report No. 2019-087 * Fire Civil Service 10 hours/month No maximum 10 hours/month 320 hours on Employees Working (equates to 15 accrual (equates to 15 anniversary Less Than 12-hour days/year) days/year) date Shifts and Police Civil Service Employees *Fire Civil Service 15 hours/month No maximum 15 hours/month 480 hours on Employees Working (equates to 15 accrual (equates to 15 anniversary 12-Hour Shifts I days/year) I I days/year) date *Police and Fire civil service employees'accruals are in accordance with Chapter 143 of the Texas Local Government Code. 'This is the basic monthly accrual rate for full-time employees.Full-time employees also receive four hours of"bonus"vacation time beginning on their 51 anniversary date and an additional four hours for every year of continuous service thereafter(4 hours on 51 anniversary,8 hours on 61 anniversary, 12 hours on 71 anniversary,etc.) DISCUSSION: The 25 cities listed below were surveyed on paid parental leave benefits: Allen—No Arlington-No Austin - Yes Beaumont# Bryan-No Carrollton-No Dallas—No DeSoto- Yes Fort Worth-No Frisco -No Garland-No Grand Prairie—No Grapevine—No Highland Village -No Irving# Lake Jackson - Yes Lewisville—No Little Elm-No McKinney -No Mesquite -No Plano—No Prosper# Richardson—No San Antonio— Yes The Colony-No #indicates those Cities that did not respond to our survey Page 2 of 5 10 Date: April 26,2019 Report No. 2019-087 The chart below summarizes and compares the provisions of the paid parental leave programs of the four(4) cities that offer the benefit. Policy Provisions City of Austin City of DeSoto City of Lake Jackson City of San Antonio Policy Effective Date September 22,2013 October 1,2019 November 1,2016 October 1,2016 All regular employees except as noted(temporary employees and employees whose employment is Affected Employees negotiated through a All full-time employees All employees All full-time employees, except Police and Fire collective bargaining agreement,or a meet and confer agreement,are not eligible) Must be eligible for FMLA;if both parents work for the City, Eligibility both receive the Must be eligible for FMLA Must be eligible for FMLA Upon hire proportionate amount of paid parental leave(reference "benefit amount") Run Concurrently with FMLA? Yes Yes Yes Yes Maximum of 240 hours (separate from sick and vacation hours)for employees in a 40-hour budgeted position to use forthe birth of a child or the placement of a child for Up to 6 weeks of parental adoption or foster care;leave Up to 3 weeks of paid leave, leave if pregnant with child and 3 weeks for all other Up to 6 weeks of paid parental Benefit Amount is awarded proportionate to which must be taken leave,must be taken the employee's budgeted continuously employees l es e,must a qualify continuosly workweek(i.e.,30-39 parental leave,must be taken budgeted hours=180 hours; continuosly 20-29 budgeted hours=120 hours;less than 20 budgeted hours=60 hours).The leave must be taken continuosly. Required to Exhaust Accrued Leave Before Eligible for Paid No No No No Parental Leave? Birth of the employee's child Birth of the employee's child Birth of the employee's child Birth of the employee's child Benefit Use or placement of a child with or placement of a child with or placement of a child with or placement of a child with the employee for adoption or the employee for adoption or the employee for adoption or the employee for adoption or foster care foster care foster care foster care The leave must be taken The leave must be taken The leave must be taken The leave must be taken within the FMLA period within the FMLA period within the FMLA period within the FMLA period Time Restrictions? associated with the date of associated with the date of associated with the date of associated with the date of the birth or placement of a the birth or placement of a the birth or placement of a the birth or placement of a child for adoption orfoster child for adoption or foster child for adoption orfoster child for adoption or foster care care care care Page 3 of 5 11 Date: April 26, 2019 Report No. 2019-087 POTENTIAL IMPACT FOR A PAID PARENTAL LEAVE PROGRAM: FY 17118 Impact: The chart below shows the number of employees, and the potential cost, had the City offered paid parental leave during FY 17/18. The chart shows the cost based on a three (3) week and six(6) week leave duration model, and the Lake Jackson model. The chart also shows the cost for all employees as well as with civil service employees excluded(Austin& San Antonio models). This information is based on the number of employees who added a baby to the health insurance plan and who were eligible for FMLA at the time. # of Employees 3 Week Model 6 Week Model Lake Jackson All Employees 43 $157,289 $314,579 $172,557 Without Civil Service 26 $85,889 $171,779 $108,816 *Based on salary at the time the employee enrolled the baby on the health insurance plan.Cost is inclusive of base salary only.This cost is over and above any costs associated with sick and vacation leave. FY 18119 Year-To Date Impact.- The chart below shows the number of employees, and the potential cost, had the City offered paid parental leave thus far during FY 18/19. As above,the chart shows the cost based on a three (3) week and six (6)week leave duration model, and the Lake Jackson model. The chart also shows the cost for all employees as well as with civil service employees excluded(Austin& San Antonio models). This information is based on the number of employees who added a baby to the health insurance plan and who were eligible for FMLA at the time. # of Employees 3 Week Model 6 Week Model Lake Jackson All Employees 19 $71,259 $142,519 $83,678 Without Civil Service 12 $40,144 $80,287 1 $52,562 *Based on salary at the time the employee enrolled the baby on the health insurance plan.Cost is inclusive of base salary only.This cost is over and above any costs associated with sick and vacation leave. While it is difficult to predict how many employees will use leave for a birth or adoption during any given year, based on the cost estimates that have been provided in the various informal staff reports, the City's average cost to provide paid parental leave would be approximately $284,280, based on a six (6)week leave duration, and half that ($142,140)based on a three (3)week leave duration. NEXT STEPS If the Council wishes to move forward with adopting paid parental leave, staff can begin working on a policy for Council consideration and approval. Page 4 of 5 12 Date: April 26, 2019 Report No. 2019-087 STAFF CONTACT: Carla Romine, Director of Human Resources (940) 348-8344 carla.romine(d,cityofdenton.com Page 5 of 5 13 Date: September 22,2017 Report No. 2017-069 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Paid Parental Leave EXECUTIVE SUMMARY: In response to a request by Council on October 20, 2015, an Informal Staff Report was provided on December 4, 2015 which summarized the research that the Human Resources staff conducted on paid parental leave. Based on the research conducted at that time, there did not appear to be any other City in the State of Texas that offered paid parental leave (beyond what is required under the Family Medical Leave Act (FMLA)) other than the City of Austin. A summary of Austin's parental leave benefit is outlined on page 3. At the August 22, 2017, Council meeting, members of the City Council again requested information on parental leave. As such, Human Resources staff did some additional research and followed up with cities previously surveyed to see if they made any changes to their leave benefits that would govern parental leave. Below is an update of the report that was sent to the Council on December 4, 2015. BACKGROUND: At the October 20, 2015, City Council meeting, a citizen report was given by Naomi Wood regarding paid parental leave for City of Denton employees—and her recommendation to extend benefits beyond the FMLA. Council directed staff to do some research as to what other cities in Texas, especially those in the DFW metroplex, were doing regarding parental leave. Under the FMLA, we must offer any employee who has been with the City at least 12 months and who has worked 1,250 hours in the 12 month period, 12 weeks of protected(assured continued employment),unpaid leave for the following reasons: • for incapacity due to pregnancy, prenatal medical care or child birth; • to care for the employee's child after birth, or placement for adoption or foster care; • to care for the employee's spouse, son, daughter or parent, who has a serious health condition; or • for a serious health condition that makes the employee unable to perform the employee's job. We run our leave policies concurrent with FMLA, so employees can be paid during this 12 week period as long as they have the time accrued. The City of Denton's leave benefit accruals are outlined in the chart on page 2. These accruals reflect the change to the non-civil service sick benefit that was adopted by Council at the Page 1 of 7 14 Date: September 22,2017 Report No. 2017-069 September 12, 2017, City Council meeting(increasing the monthly sick leave accrual for non-civil service employees from 8 hours per month to 10 hours per month). Sick Vacation Employee Group Accrual Maximum Accrual^ Maximum Accrual Carry-Over Regular Full-Time, 10 hours/month 720 hours 10 hours/month 320 hours on Non-Civil Service (equates to 15 (equates to 15 anniversary Employees days/year) days/year) date *Police Civil Service 10 hours/month No maximum 10 hours/month 320 hours on Employees and Fire (equates to 15 accrual (equates to 15 anniversary Civil Service days/year) days/year) date Employees Working Less Than 12-hour Shifts *Fire Civil Service 15 hours/month No maximum 15 hours/month 480 hours on Employees Working (equates to 15 accrual (equates to 15 anniversary 12-Hour Shifts I days/year) I I days/year) I date *Police and Fire civil service employees accruals are in accordance with Chapter 143 of the Texas Local Government Code. ^This is the basic monthly accrual rate for full-time employees.Full-time employees also receive four hours of"bonus"vacation time beginning on their 5'anniversary date and an additional four hours for every year of continuous service thereafter(4 hours on 5'anniversary,8 hours on 6th anniversary, 12 hours on 71h anniversary,etc.) DISCUSSION: On October 29, 2015, the seventeen cities below were surveyed on paid parental leave benefits. The cities were re-surveyed on August 31, 2017. Allen Arlington Austin Beaumont# Bryan Carrollton Dallas^ Fort Worth^ Frisco Garland Grand Prairie Irving"# Lewisville McKinney Mesquite# Plano^# Richardson indicates those Cities that did not respond to our survey in 2015 #indicates those Cities that did not respond to our survey in 2017 Page 2 of 7 15 Date: September 22,2017 Report No. 2017-069 2015 Results Fourteen of the Cities surveyed were part of our standard metroplex survey group. Through our contact with McGriff, Seibels &Williams, the City's benefits consultants, staff was able to reach out to the Cities of Bryan, Beaumont, and Austin as well. Staff received eleven responses to the survey. Of those eleven, the only City to offer paid parental leave benefits, beyond FMLA, was Austin. Staff went on-line to review the benefits of the Cities that did not respond and could not find anything specific to paid parental leave. On November 3, 2015, Tiffani James, the City of Denton's Benefits and Leave Coordinator, contacted the Leave Administrator for the City of Austin. The Leave Administrator stated that the Program was requested by two aides who worked for City Council. When asked which Cities they modeled their policy after, she stated she did not know of any other cities in the state of Texas that offered paid parental leave. She knew that the Cities of Chicago and San Francisco offered paid parental leave, but she stated that Austin's policy was more generous. The following is additional information on their policy: City of Austin—Parental Leave Policy • The Program started on September 22, 2013. • The Program provides a maximum of 240 hours (separate from sick and vacation hours) for employees in a 40-hour budgeted position to use for the birth of a child or the placement of a child for adoption or foster care; leave is awarded proportionate to the employee's budgeted workweek (i.e., 30—39 budgeted hours= 180 hours; 20—29 budgeted hours= 120 hours; less than 20 budgeted hours = 60 hours). • The employee must be eligible for FMLA to qualify for the paid parental leave. • Temporary employees and employees whose employment is negotiated through a collective bargaining agreement, or a meet and confer agreement, are not eligible for Parental Leave. • The leave must be taken within the FMLA period associated with the date of the birth or placement of a child for adoption or foster care. • Employees are not required to exhaust their accrued leave to participate in the program. • If both eligible parents work for the City, both receive the proportionate amount of aid Parental Leave (reference second bullet above). • Since inception, over 500 employees (out of 12,000) have used the Program at an approximate cost of$2 million. The Leave Administrator from Austin forwarded the policies from the Cities of Chicago and San Francisco that were given to her. The following is information on both Chicago's and San Francisco's policies: City of Chicago—Paid Parental Leave Policy • The Program started on November 1, 2011. • The employee must be eligible for FMLA to be eligible for the leave. • The birth mother may receive up to four weeks for a non-surgical delivery; or six weeks for a C-Section delivery. Page 3 of 7 16 Date: September 22,2017 Report No. 2017-069 • The birth father, or domestic partner, may receive up to two weeks for the birth of the child. • The employee may receive up to two weeks paid leave for the adoption of a child. City of San Francisco—Paid Parental Leave Policy • The Program started on November 5, 2002. • The leave applies to permanent, provisional and exempt employees who (a) normally work at least twenty hours per week and (b) have completed six months of continuous service; any other City employee (a)who has worked at least 1040 hours in the twelve months prior to leave and(b)whose average work week is at least twenty hours. • Provides compensation to supplement state disability insurance payments, paid sick leave and vacation, so the employee will receive the equivalent of his or her full salary for up to twelve weeks. • The employee must exhaust their accrued paid leave before receiving any supplemental compensation. • The supplement compensation shall be provided for no more than twelve weeks for employees on approved FMLA or sixteen weeks for employees on Temporary Pregnancy Disability Leave. Staff also did a Google search for"Paid Parental Leave in Texas."Many references to the Texas laws governing maternity leave came up. Additionally,references to the University of Texas at Austin policy came up. Their policy offers up to 12 weeks of unpaid parental leave, for employees who are not eligible for Family and Medical Leave. According to their policy, though, employees must use all accrued and available paid leave while taking parental leave. There were also references to similar policies at Texas A&M University, Texas Tech University, and Texas Woman's University. There have been numerous attempts to enact paid parental leave for federal employees. In 2015, S. 2033 was introduced offering 6 weeks of paid leave to federal employees who are experiencing birth, adoption or foster placement of a child. H.R. 532 was also introduced providing that 6 of the 12 weeks of parental leave made available to a Federal employee (under federal law) shall be paid leave. These bills did not pass. 2017 Results Staff received thirteen responses when re-surveying the Cities. There were no changes to the 2015 survey results; however, staff has found through researching the Internet that, in addition to the City of Austin, the City of San Antonio and the City of Lake Jackson, Texas offer paid parental leave. Specifically, the City of San Antonio offers up to six weeks of paid parental leave to full- time employees (birthing and non-birthing parents), within twelve months after the birth of placement of a new child in connection with adoption or foster. Their paid parental leave runs concurrently with FMLA leave. The City of Lake Jackson, which is a smaller municipality within the Houston-Sugar Land metropolitan area, offers up to six weeks for mothers and three weeks for all other employees who qualify for parental leave. Their paid parental leave also runs concurrently with FMLA leave. Page 4 of 7 17 Date: September 22,2017 Report No. 2017-069 There has continued to be a push for paid parental leave at the federal level. A July 22, 2017, article that was published on the USA Today websitel reported: "In its 2018 budget, the Trump administration included a national paid leave plan for parents after the birth or adoption of a child. Proposed are six weeks of paid leave for mothers and fathers at an estimated annual cost of$25 billion, funded by restructuring the federal unemployment insurance system... Congressional Democrats, meanwhile, have reintroduced the Family and Medical Insurance Leave, or FAMILY, Act,which they first submitted in 2013. It would permit all workers to take up to 60 individual days of paid leave per year to care for a new child, a sick family member or one's own illness. Workers would receive up to 66% of their regular wages to a maximum $1,000 per week. The program, initially introduced in 2013, would be funded by a 0.4%payroll tax on workers' wages, split evenly between employers and employees... Republican lawmakers have countered this year with the Strong Families Act. That bill would give employers offering at least two weeks of paid family or medical leave a 25% tax credit for wages paid to workers taking up to 12 weeks of leave. The credit would be capped at$3,000 per employee per year. The credit would cease entirely two years after enactment." On Februaryl3, 2017, H.R.1022 and S. 362 (Federal Employees Paid Parental Leave Act of 2017) were introduced into Congress. As with the bills in 2015, they allow for up to six weeks of paid leave after the birth, adoption or fostering a new child. Federal employees can currently take up to twelve weeks of unpaid family or medical leave in those situations. POTENTIAL IMPACT FOR A PAID PARENTAL LEAVE PROGRAM: 2015 Impact If the City of Denton offered paid parental leave and modeled it after the City of Austin(up to 6 weeks pay), the approximate number of employees who could have benefitted from the program, as well as the estimated cost for 2014 and 2015, are outlined below. This information is based on the number of employees who added a baby to the health insurance plan and who were eligible for FMLA at the time. 2014 2015 as of November 11,2015 Number of Approximate Number of Approximate Employees Cost* Employees Cost* (includes Police and Fire (includes Police and Fire Civil Service) Civil Service 39 $236,487.23 35 $230,032.02 *Based on salary at the time the employee enrolled the baby on the health insurance plan. Cost is inclusive of base salary only.This cost is over and above any costs associated with sick and vacation leave. It is difficult to determine how many of the employees referenced in the chart above would have been subject to unpaid leave without doing a considerable amount of research. However, the Page 5 of 7 18 Date: September 22,2017 Report No. 2017-069 Benefits and Leave Coordinator routinely has discussions with employees going out on leave, and they frequently tell her how long they plan on taking off work based on their accrued leave balances. Based on the discussions she remembers, five employees would have been unpaid had they taken six continuous weeks off in 2014 as well as five employees in 2015. It should be noted, however, that according to information found on-line and through discussions with the Leave Administrator for the City of Austin, this program has cost Austin much more than they originally anticipated. In fact, an article on the BenefitsPro website2 stated"...the city had budgeted for 60 of its employees to use the new benefit the first year, once it became available last October. Instead, in just the first seven months since it became available, 162 parents took the paid leave offer. The bill: $691,000—about twice what the city had planned to spend for the first 12 months..." 2017Impact Using the same criteria from 2015, the number of employees who could have benefitted from a paid parental leave program and the cost associated with such a program for 2016 and 2017, are outlined below. 2016 2017 as of Se tember 8,2017 Number of Approximate Number of Approximate Employees Cost* Employees Cost* (includes Police and Fire (includes Police and Fire Civil Service) Civil Service 44 $301,775.76 30 $194,967.84 *Based on salary at the time the employee enrolled the baby on the health insurance plan. Cost is inclusive of base salary only.This cost is over and above any costs associated with sick and vacation leave. As far as employees who would have had to use more than their accrued time and, therefore, subject to unpaid time, the Benefits and Leave Coordinator recalls four employees in 2016 and eight employees in 2017. Councilmember Gregory was interested in knowing the potential cost for a benefit consisting of anywhere from two to eight weeks of full pay, 3/4 pay, and '/z pay. The cost above assumes six weeks at full pay, which is consistent with Austin's benefit. If we considered partial payment for six weeks, the cost would be as follows: Year Approximate Cost Approximate Cost for 3/4 Pay for Pa 2016 $226,331.82 $146,225.88 2017 (as of September 8,2017) $150,887.88 $97,483.92 STAFF CONTACT: Carla Romine, Director of Human Resources (940) 348-8344 carla.rominekcityofdenton.com Page 6 of 7 19 Date: September 22,2017 Report No. 2017-069 1 Steven Findlay,Citing Sources[https://www.usatoday.com/story/news/nation/2017/07/22/paid-parental-leave-idea- could-transcend-politics/501967001/News Paid parental leave may be the idea that transcends politics] 2Cook,Dan: Citing Sources: [http://www.benefitspro.com/2014/08/01/austin-city-workers-embrace-paid-parental- leave-po]:para.3: [Aug 1,2014] Page 7 of 7 20 -40 o FOR IMMEDIATE RELEASE DENTON Ryan Adams • (940) 349-8565 • Ryan.Adams@cityofdenton.com Notice of Public Meeting for Input on South Lakes Park South Lakes Park, June 13 at 6 p.m. DENTON, TX, May 23, 2019—The City of Denton Parks and Recreation Department is hosting a meeting for public input on proposed parking improvements adjacent to Londonderry Playground, new tennis courts, and the potential for new developments at South Lakes Park that could be considered as part of the future Parks master plan. The public meeting will be held on Thursday,June 13 at 6 p.m. in Pavilion#2 at South Lakes Park, 556 Hobson Ln. South Lakes Park is a 187-acre,multi-use park with two playgrounds,a basketball court,two tennis courts, soft and hard surface trails, and a fishing pier. Londonderry Playground is a neighborhood playground structure located on the north side of South Lakes Park, adjacent to the intersection of Teasley Lane and Londonderry Lane. A staff representative from the Parks and Recreation Department will be on site to provide information and receive input. Residents unable to attend are welcome to submit input via email to Gary Packan,Director of Parks and Recreation, at Gary.Packangcityofdenton.com or call(940) 349-7460. Contact: Gary Packan, (940) 349-7460, Gary.Packan@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 21 -40 o FOR IMMEDIATE RELEASE DENTON Ryan Adams • (940) 349-8565 • Ryan.Adamskcityofdenton.com Memorial Day Operating Hours and Closings City Facilities Closed May 27 DENTON, TX, May 22-City of Denton facilities will be closed on Monday, May 27 in observance of the federal Memorial Day holiday. Please note the following with respect to specific City of Denton services and facilities. Libraries All libraries will be closed on Monday, May 27 and will resume regular hours on Tuesday, May 28. Animal Services and Shelter Animal Service and the Linda McNatt Animal Care &Adoption Center will be closed on Monday, May 27 and will resume regular hours on Tuesday, May 28. To report an animal- related non-emergency, call (940) 349-8181 and select option 8. In case of an emergency, dial 911. Parks and Recreation Denia Rec Center, MLK Jr. Rec Center,North Lakes Rec Center, Denton Civic Center, Denton Senior Center, American Legion Hall, and Goldfield Tennis Center will be closed on Monday, May 27. The following facilities will be open on Monday, May 27: Water Works Park, 11 a.m. to 7 p.m.; Civic Center Pool, noon to 6 p.m.; Denton Natatorium, 5:30 a.m. to 8 p.m.;North Lakes Driving Range, 9 a.m. to 7 p.m. Public Safety Public safety personnel will be on duty during the holiday. The Denton Police Department non- emergency number is (940) 349-8181, and in case of an emergency, dial 911. Utilities Customer Service will be closed on Monday, May 27. To report a utility service emergency, call utilities dispatch at(940) 349-7000. Solid Waste and Recycling There will be no curbside trash, recycling, home chemical collections, or yard waste collection on Monday, May 27. Collection for all customers will be moved forward one day. OUR CORE VALUES Integrity•Fiscal Responsibility•Transparency• Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 22 The City of Denton Landfill will be open 7 a.m. to noon on May 27. Check www.dentonrecycles.com or your Residential Solid Waste & Recycling Service Calendar for current schedule information. Airport Airport administrative offices will be closed on Monday, May 27. The air traffic control tower will be open from 6 a.m. to 10 p.m., and the airfield will remain open 24 hours per day. Flight services will be available from 6 a.m. to 10 p.m. throughout the holiday. On behalf of the City of Denton, have a safe and happy holiday. Visit www.cityofdenton.com for more news and to stay updated. 2 23 Date: May 24, 2019 Report No. 2019-105 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Provide an overview of the May 4, 2019 General Election voter turnout by polling location in the City of Denton. DISCUSSION: On May 4, 2019, the City of Denton held its General Election to elect members to City Council Districts 1, 2, 3, and 4. For this election, there were four Early Voting polling locations and 12 Election Day polling locations in the city limits. The information below provides a district breakdown of Early Voting and Election Day voter turnout for each polling location. ELECTION DAY May 4. 2019 District 1 IVotes Martin Luther King Jr. Rec Ctr 334 Pecan Creek Elementary School 54 Total 388 2 Ed Votes Denton ISD Annex 44 North Branch Library 244 Total 288 D"iddd 3 Votes Argyle Town Hall 0 Denton Fire Station 7 90 Krum ISD Admin Bldg 1 North Lakes Recreation Center 362 Robson Ranch Clubhouse 133 UNT Greek Life Center 88 Total 674 Denton 4 Votes Denia Recreation Center 236 LA Nelson Elementary 374 610 RECAP - Election Day Totals Votes District 1 388 District 2 288 District 3 674 Denton 4 610 Total Election Da,y - Denton Locations Only 1,960 24 Date: May 24, 2019 Report No. 2019-105 EARLY VOTING April 22-27 and April 29-30 Polling Place District 1 I Distrct 2 I District 3 1 District 4 r Denton Civic Center-EV 229 238 263 1,017 Denton County Elections Administration-EV 198 : 1 94 446 929 Robson Ranch Clubhouse-EV 0 `_ 1,167 13 1,185 LINT Greek Life-EV 30 ' 115 60 240 Total 457 518 1,614 782 3,371 Staff will provide this information in a similar format for future General Elections. Staff is prepared to discuss polling locations for the May 2020 elections with the City Council in fall 2019. STAFF CONTACT: Rosa Rios City Secretary Rosa.Rioskcityofdenton.com 25 Date: May 24, 2019 Report No. 2019-106 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: On May 7, 2019 during a City Council meeting, a request was made to provide information on the new Major Systems Replacement Program developed by Community Development and recommended for funding for FY2019-20 CDBG funds. BACKGROUND: The City of Denton Community Development Department uses citizen comments and service agencies' guidance to develop and implement programs and projects that provide decent housing, a suitable living environment and expand economic opportunity,principally for persons of low to moderate income. The City utilizes Community Development Block Grant(CDBG) and HOME Investment partnership funds to assist first-time homebuyers and homeowners with home repair programs. Housing Programs currently managed by Community Development include: • Homebuyers Assistance Pro_gram—Providing up to $14,999 in down payment assistance and closing costs to buy a first home. • Home Improvement Program—Providing assistance to homeowners for major repairs, including rehabilitation or reconstruction. • Minor Repair Program—Provides up to $10,000 to make essential repairs or add structural accessibility modifications when homeowners lack sufficient resources. DISCUSSION: The Major Systems Replacement Program is a new program that will provide up to $25,000 as a deferred loan to low- and moderate-income homebuyers or homeowners. The program will help repair major systems that can include: • Electrical system, • Plumbing system, • Roof repairs or replacement, • Heating, Ventilation, and Air Conditioning (HVAC); and • Pier and Beam foundation stabilization. The primary purpose of the program will be to increase the amount of affordable housing units available to low-income buyers in the Homebuyer Assistance Program and provide much need repair assistance to homeowners when repair costs are higher than the $10,000 Minor Repair Program maximum limit,but less than the Home Improvement Program $25,000 minimum limit. These current program limits are in place based on federal requirements that must be met at the different thresholds of financial assistance. The Major Systems Replacement Program will help to address gaps identified through the experience of the Homebuyer Assistance Program and Minor Repair Program as summarized below. 26 Date: May 24, 2019 Report No. 2019-106 Homebuyer Assistance Program The Homebuyer Assistance Program (HAP)has been hard hit for the last several years, due to the lack of affordable homes for sale in Denton. The maximum sales price for the program has recently increased to $225,000; however, not many houses are currently available in the city limits of Denton at that price or below. According to the Building Inspection Division, the average value for a Single-Family dwelling is $321,143. Denton's housing market is currently a seller's market that includes multiple offers on homes and offers with conventional financing regularly do not win the bid on a house. Many times cash offers are above asking offers and win the bid on the house. The homes that are available in the market at a price that would qualify for the program are being sold as-is and typically do not meet the property standards as required by HUD to receive down payment and closing cost assistance, such as major systems with a life expectancy of five years. Replacing major systems will allow older homes to be eligible for the Homebuyer Assistance Program, thereby helping more households become first-time homebuyers. Minor Repair Program The Minor Repair Program (MRP) currently provides repair assistance of up to $10,000,but sometimes this amount is not enough to assist an older home that needs major systems replaced. About 15% of homeowners assisted in MRP return the following year to discuss another critically needed repair. The Major System Replacement Program will be able to address more than one major system replacement at one time. For example, a roof replacement($7,500), HVAC replacement ($6,500) and sewer line replacement($1,600) would be a total cost of $15,600. It would provide critical health and safety repairs for the homeowner to ensure long- term safe, stable housing. It will also improve efficiency in program delivery by grouping projects, resulting in streamlining the client application and reducing the number of site visits, work write ups, and final inspections. Replacing major systems will help address much needed repairs not currently eligible under MRP. Draft Major Systems Replacement Program Guidelines Staff has drafted program guidelines for the new program to address general program requirements to apply. The program guidelines will be brought forward for adoption by City Council this summer following the adoption of the 2019 Action Plan, which is planned for consideration at the June 4, 2019 City Council meeting. CONCLUSION The Major Systems Replacement Program will increase the number of affordable housing units available in the Denton that meet the property standards set by HUD that will be available to first-time homebuyers going through HAP and address a gap in MRP. 27 Date: May 24, 2019 Report No. 2019-106 ATTACHMENT(S): Exhibit 1 - Draft Major Systems Replacement Program Guidelines. STAFF CONTACT: Alma Espino Housing Programs Manager 940-349-7756 Alma.Espino@CityofDenton.com 28 Major Systems Replacement DENTON Program Guidelines Effective: October 1, 2019 The Major Systems Replacement Program provides assistance to low and moderate-income homeowners to make essential repairs to some or all the home's major systems. ti. This program is not designed as a complete home renovation, but rather a program "" to repair the major systems in a home. Repairs are prioritized with an emphasis on structural and systems repairs. As part of the assessment process, staff will determine the services that will need to be completed on the property. During the �i r 3 —'• inspection, staff will evaluate the condition of the home as well as the impact of not addressing some of the needed repairs. As such, it may be determined that the home's necessary repairs exceed available funding and therefore may lead to denial © ® 8 of the project. Who is Eligible? As a homeowner,you may be eligible for assistance under this program, if you meet all the following conditions: • Your home is a single-family dwelling unit located in the city limits of Denton,Texas. • Your home requires a major system replacement, which if left unattended, would jeopardize the health and/or safety of the occupants. • You must hold fee simple title to the property for not less than one year. • You must be a United States citizen or legal resident alien. • Household income cannot exceed 80 percent of the Area Median Income Limits, adjusted for family size. The current eligible income limits are: Family Maximum Family Maximum Family Maximum Family Maximum Size Income Size Income Size Income Size Income 1 $43,250 2 $49,400 3 $55,600 4 $61,750 5 $66,700 1 6 $71,650 7 $76,600 1 8 $81,550 Income Limit Source: U.S.Department of Housing and Urban Development -Effective: 10/01/2018 • You must not be delinquent on any property taxes to any taxing entity in Denton County. This applies only to applications for a repair subsequent to the first one, and does not include accounts where payment arrangements are up to date, proof of arrangement must be provide. Elderly/disabled who have established payment plans or have signed up for tax deferral are not subject to this requirement. • Your home must not be newer than fifteen years old. • You must complete the application process and your application and the requested repair must be approved. • Your property must meet all environmental restrictions and regulations including floodplain, historical, lead- based paint, etc. Properties in the 100 year floodplain or floodway are not eligible for this assistance. Major Systems Replacement Program assistance may be denied to any applicant that has not met the requirements under any other Community Development Program. 1 of4 29 Effective 10/1/2019 What Type of Repairs is Eligible? Generally, repairs or modifications to achieve accessibility that are urgently needed 9 to make the housing safe, sanitary or habitable that can be completed for$25,000 or a less are eligible for assistance. Community Development staff will inspect the unit to determine if the following major systems are needed: '° • Electrical systems • Plumbing systems, including water and/or sewer lines • Roof repairs or replacement • Heating, Ventilation, and Air Conditioning (HVAC) • Pier and Beam foundation stabilization, approved on a case-by-case basis Eligible Repairs: Repairs necessary to protect the health and safety of the household include repair and/or replacement of failed plumbing fixtures,clogged/broken sewer lines,damaged or exposed electrical wiring,switches, outlets, leaking roofs, etc. Ineligible Repairs: • Repairs that are only cosmetic in nature are not eligible.However,some cosmetic repairs may be carried out under the program in small areas where a repair has been completed and only when necessary to make the immediate areas match (as close as possible)the surrounding area. The program will not provide for cosmetic repairs that are not a part of the repair. Example: floor covering to a complete room when a repair disturbed only a small section offlooring. • Perils covered by insurance claims are not eligible for funding from this Program except as described in the"Note" section above. Unsafe and substandard structures that cannot be made safe for habitation for $25,000 or less will not be eligible for assistance. The owner will receive a letter notifying of the hazards and why assistance is being denied. Under such circumstances, Community Development Division will recommend a household seek safe housing as soon as possible. What are the Maximum limits for the Program? Eligible housing units may be approved for assistance only one time. There is no guarantee that the full amount will be awarded.The amount of the award will solely be determined by the city. If the bid for the approved repair is more than the maximum allowable funds, the project will not be eligible. Maximum funding per application for owner-occupied single-family structures: • Up to $25,000 per application may be available for approved, eligible repairs. Repair(s) costing over$25,000 are not eligible. Once completed, no additional assistance may be requested with this program. Once the approved repairs are completed and the contractor(s) receives payment, no additional repairs can be requested or approved. Limited Funds: Staff responds to requests for repairs on a first-come-first-served basis from the date the completed application is received.A specific amount of funding has been set up for each program year quarter beginning August 1st. 2 of4 30 Effective 10/1/2019 Will the Repairs need to be Paid Back? Deferred loan will be provided that will be forgiven on a monthly basis over 5-10 years. No payment is required as long as you remain in the home as required and - meet all deed requirements. ,.M How do I Apply? 1. Contact our office for an application and inspection of the repair - 2. Complete the application process 3. Submit required documentation 000 � What Happens After I Apply? • Community Development Division staff will complete an inspection to determine if project is eligible. If eligible, you will receive information and forms to apply. • Community Development Division staff will verify all the application information and environmental restrictions and regulations. Application and repair request will be submitted for review to the Community Development Administrator. If any information is found to be intentionally falsified,the application will be rejected and the applicant will not be allowed to reapply to this program. • You will receive verbal and/or written notice of the date application is accepted or rejected along with details of the decision if application is rejected. • In the event your house is 45 years old or older, the Texas Historical Commission may have to be notified. • When painted surfaces will be affected in a house built before 1978, the area will be tested for lead based paint. A lead based paint inspection and/or risk assessment shall be conducted by a licensed risk assessor. If your house is found to have lead-based paint hazards, hazard reduction techniques will be utilized. • A bid document will be written up for the repairs needed to correct the health or safety-related problem. A cost estimate will be completed before bids are sought. Only contractors who carry a minimum of$100,000 liability insurance may perform the work. This program maintains a list of contractors who meet the insurance requirements. This is not a reference list. Any interested contractor who can document appropriate insurance coverage and is not on the most recent list of contractors that are ineligible to work on projects involving federal funds. Note: If the bid for the approved repair is more than the maximum allowable funds,the project will not be eligible and the City of Denton will be unable to complete the repair. • The contractor/repair company will provide a one-year warranty for work completed, if possible. • Upon final inspection approval, contractor may submit invoice. The payment request will be processed upon project approval and contractor can expect payment within 15 working days from date invoice was approved. What the Program is Not Although the Major Systems Replacement Program is designed to respond to a wide variety of problems, it has limits and should not be confused with other programs offered by the City of Denton Community Development Division. 3 of4 31 Effective 10/1/2019 ❑ It is not a Rehabilitation program. Many times the most recent item, system, or structure to fail in a home may prompt the homeowner to seek assistance from the Major Systems Replacement Program while many other items are also in need of repair. The Major Systems Replacement Program is designed to respond to the most urgent need, that if left unrepaired, would lead to further deterioration or to the house becoming unlivable.The ,�k. City of Denton, Community Development Division also offers a Home Improvement Loan Program that can address many more issues than this D program. ❑ It is not assistance for home sellers.The homeowner must affirm that they intend to live in the home for the next 12 months as far as foreseeable. The funds are intended to keep a homeowner living in their home; not to assist them in selling it. ❑ It is not a remodel service.To extend assistance to as many households as possible, systems and items must be repaired rather than replaced, if possible. The main goal of the program is to provide approximately one additional year of life to the item, to give the homeowner time in which to make arrangements for a more permanent solution. Other Provisions Dispute:The contractor's work will be monitored by the applicant, City of Denton staff that may include Community Development staff or/and the City of Denton building code inspector. If the applicant considers any work done by the contractor to be unsatisfactory or incomplete, the applicant should advise the contractor of the discrepancy and ask that it be corrected. In the event a dispute exists between the applicant and the contractor with respect to the work, the City shall take appropriate action in accordance with the provisions of the construction contract to assure that the applicant is satisfied before making any payment to the contractor. In the event a dispute cannot be resolved, the Division Director shall consider all pertinent facts and shall decide an appropriate course of action to resolve the dispute. Contact Information: The program is administered by the City of Denton Community Development Division and federally funded by Community Development Block Grant. Questions about this program can be addressed to: City of Denton Community Development Division Applicants are subject to all program requirements and 601 E. Hickory St., Suite B guideline changes. Guidelines are subject to change Denton,Texas 76205 without notice. Or by calling: (940) 349-7726 or(940) 349-7236 The Major Systems Replacement Program is subject to ADA/EOE/ADEA—TDD (800) 735-2989 availability of funds. If there are no funds available, potential applicants will be placed on a waiting list. 4 of4 32 Effective 10/1/2019 Date: May 24, 2019 Report No. 2019-107 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Information relating to the impact of House Bill 1631, which prohibits the use of photographic traffic signal enforcement systems. EXECUTIVE SUMMARY: House Bill 1631 was recently passed by the Texas State Legislature and prohibits the use of photographic traffic signal enforcement systems. The bill compels the City of Denton to cease its use of a red-light camera system and, as a result, staff are working with the system vendor to discuss the ending of operations and termination of our services contract. BACKGROUND: On November 15, 2005,the City Council authorized the City Manager to enter into a contract with Redflex Traffic Systems USA for the administration of an automated traffic signal enforcement system, or a"red-light camera" system. The contract was amended on July 21, 2009, allow for an additional five (5) year contract term, with the option for two five (5) year extensions. The City exercised the first extension in 2014 and would be eligible to exercise the second extension on or before July 20, 2019. On May 17, 2019, House Bill 1631 received final passage from the Texas State Legislature and was sent to the Office of the Governor on May 21 for signature. This bill amends the Transportation Code to prohibit local authorities, including municipalities, from operating a photographic traffic signal enforcement system, or red-light camera. If a city entered into a contract for the administration and enforcement of a red-light camera prior to May 7, 2019, the City may continue operate the system until the end of the contract term. The Bill becomes law immediately upon the Governor's signature or 20 days after the adjournment of the legislative session, whichever comes first. It is widely expected that the Governor will sign H.B. 1631 or leave it unsigned, thus allowing it to become law. DISCUSSION: H.B. 1631 contains a provision such that if a city entered into a contract for the administration and enforcement of a red-light camera prior to May 7, 2019,the City may continue operate the system until the end of the contract term. However, this provision does not apply to any City whose contract language authorizes the termination of the contract on the basis of adverse state legislation. The City of Denton contract with Redflex Traffic Systems, while in effect on May 7, 2019, contains language allowing the termination of the contract based on adverse state legislation. As a result, staff believes the City will no longer have the legal authority to operate a red-light camera system after the effective date of H.B. 1631, which, at the latest, would be June 16, 2019. 33 Date: May 24, 2019 Report No. 2019-107 In anticipation of passage of the HB 1631 into law, Staff members have begun discussions with Redflex regarding the likely termination of our contract and the future removal of their assets from the City's rights-of-way. Additionally, the City of Denton is reviewing options to disregard any violations resulting from a red-light camera that were issued on or after May 18, 2019. This is the day after H.B. 1631 was adopted by the Legislature and enrolled. If the City took such a step, the violations received on or before May 17, 2019, remain valid and enforceable. Staff is preparing a Work Session presentation, currently scheduled for June 3, to discuss the effects of H.B. 1631 including financial impacts and the process and timeline for ceasing red-light camera operations. CONCLUSION: Due to the passage of H.B. 1631 from the legislature, the City of Denton will be compelled to cease red-light camera operations. A Work Session presentation is being prepared to provide additional information and a discussion opportunity for the City Council. ATTACHMENT(S): 1. House Bill 1631 (Enrolled) 2. 2005 Contract with Redflex Traffic Systems USA 3. 2009 Contract Amendment with Redflex Traffic Systems USA STAFF CONTACT: Ryan Adams Deputy Director of Public Affairs/IGR (940) 349-8565 Ryan.Adams(a),cityo fdenton.com 34 H.B . No . 1631 1 AN ACT 2 relating to prohibiting the use of photographic traffic signal 3 enforcement systems . 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS : 5 SECTION 1 . The heading to Chapter 707 , Transportation Code , 6 is amended to read as follows : 7 CHAPTER 707 . PHOTOGRAPHIC TRAFFIC SIGNAL 8 ENFORCEMENT SYSTEM PROHIBITED 9 SECTION 2 . Chapter 707 , Transportation Code , is amended by 10 adding Sections 707 . 020 and 707 . 021 to read as follows : 11 Sec . 707 . 020 . PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT 12 SYSTEM PROHIBITED. ( a) Notwithstanding any other law, a local 13 authority may not implement or operate a photographic traffic 14 signal enforcement system with respect to a highway or street under 15 the jurisdiction of the authority. 16 (b) The attorney general shall enforce this section. 17 Sec . 707 . 021 . USE OF EVIDENCE FROM PHOTOGRAPHIC TRAFFIC 18 SIGNAL ENFORCEMENT SYSTEM PROHIBITED. Notwithstanding any other 19 law, a local authority may not issue a civil or criminal charge or 20 citation for an offense or violation based on a recorded image 21 produced by a photographic traffic signal enforcement system. 22 SECTION 3 . Section 27 . 031 ( a) , Government Code , is amended 23 to read as follows : 24 ( a) In addition to the jurisdiction and powers provided by 1 35 H.B . No . 1631 1 the constitution and other law, the justice court has original 2 jurisdiction of : 3 ( 1) civil matters in which exclusive jurisdiction is 4 not in the district or county court and in which the amount in 5 controversy is not more than $10 , 000 , exclusive of interest ; 6 ( 2 ) cases of forcible entry and detainer ; and 7 ( 3 ) foreclosure of mortgages and enforcement of liens 8 on personal property in cases in which the amount in controversy is 9 otherwise within the justice court ' s jurisdiction [ 10 [ (4 ) eases air---is ng -an de,-914aptec —797 ,Transpeircatiear 12 SECTION 4 . Section 780 . 003 (b) , Health and Safety Code , is 13 amended to read as follows : 14 (b ) The account is composed of money deposited to the credit 15 of the account under the -T2 . 4-9Cq� :9r99g ' ] 16 Transportation Code [ ,,, I and under Section 780 . 002 of this code . 17 SECTION 5 . Section 133 . 004 , Local Government Code , as 18 amended by Chapters 718 (H.B . 2359) , 1027 (H.B . 1623 ) , and 1149 19 ( S . B . 1119) , Acts of the 80th Legislature , Regular Session, 2007 , 20 is reenacted and amended to read as follows : 21 Sec . 133 . 004 . CIVIL FEES . This chapter applies to the 22 following civil fees : 23 ( 1) the consolidated fee on filing in district court 24 imposed under Section 133 . 151; 25 ( 2 ) the filing fee in district court for basic civil 26 legal services for indigents imposed under Section 133 . 152 ; 27 ( 3 ) the filing fee in courts other than district court 2 36 H.B . No . 1631 1 for basic civil legal services for indigents imposed under Section 2 133 . 153 ; 3 (4 ) the filing fees for the judicial fund imposed in 4 certain statutory county courts under Section 51 . 702 , Government 5 Code ; 6 ( 5 ) the filing fees for the judicial fund imposed in 7 certain county courts under Section 51 . 703 , Government Code ; 8 ( 6 ) the filing fees for the judicial fund imposed in 9 statutory probate courts under Section 51 . 704 , Government Code ; 10 ( 7 ) fees collected under Section 118 . 015 ; 11 ( 8 ) marriage license fees for the family trust fund 12 collected under Section 118 . 018 ; 13 ( 9) marriage license or declaration of informal 14 marriage fees for the child abuse and neglect prevention trust fund 15 account collected under Section 118 . 022 ; and 16 ( 10) the filing fee for the judicial fund imposed in 17 district court , statutory county court , and county court under 18 Section 133 . 154 [— 19 [ ( , ) t�e iq e .t; e tie—e we r a �s-t Vie 20 p e n a, t,r al e S c r-J b e E4 b yS e�� 5T2.49 6(G ) ( , '�—r a n ep e r#� A-C4 e--,- 21 14--s-4 by a tA- eiq€e icee eeFp 4 ranee—;-44 1-q 44-e, 22 z a s4:qna1--; 23 [ ( 44) t l4 e Y e tI-qPe 24 p era 4m 4 y s c b� by Sep--i e�--�T9 9 4 � '�T rsl r i e� le , 25 o-e�by a leecal autl4ei�4:ty te engexee— 44anee tlie 26 i��rt�zrc cz oTrS$�-;; ��rr�r�evir� vrs�'-ngnal-] . 27 SECTION 6 . The following are repealed: 3 37 H .B . No . 1631 1 ( 1) Section 29 . 003 ( g) , Government Code ; 2 ( 2 ) Sections 542 . 405 , 542 . 406 , and 544 . 012 , 3 Transportation Code ; and 4 ( 3 ) Sections 707 . 001 ( 2 ) , 707 . 002 , 707 . 0021 , 707 . 003 , 5 707 . 004 , 707 . 005 , 707 . 006 , 707 . 007 , 707 . 008 , 707 . 009 , 707 . 010 , 6 707 . 011 , 707 . 012 , 707 . 013 , 707 . 014 , 707 . 015 , 707 . 016 , 707 . 017 , 7 707 . 018 , and 707 . 019 , Transportation Code . 8 SECTION 7 . ( a) Notwithstanding any provision of this Act to 9 the contrary, if before May 7 , 2019 , a local authority had enacted 10 an ordinance to implement a photographic traffic signal enforcement 11 system under Sections 542 . 405 and 542 . 406 , Transportation Code , or 12 Chapter 707 , Transportation Code , and entered into a contract for 13 the administration and enforcement of the system: 14 ( 1) the local authority may continue to operate the 15 system under that ordinance and under the terms of that contract 16 until the expiration date specified in the contract as the contract 17 existed on May 7 , 2019 ; and 18 ( 2 ) the photographic traffic signal enforcement 19 system, and any proceeding initiated or civil or administrative 20 penalty imposed after the effective date of this Act are governed by 21 the applicable law in effect immediately before the effective date 22 of this Act , and the former law is continued in effect for that 23 purpose . 24 (b ) Subsection ( a) of this section does not apply to a 25 contract for the administration and enforcement of a photographic 26 traffic signal enforcement system entered into before May 7 , 2019 , 27 that authorizes termination of the contract on the basis of adverse 4 38 H.B . No . 1631 1 state legislation. 2 ( c ) Neither the Texas Department of Motor Vehicles nor a 3 county assessor-collector may refuse to register a motor vehicle 4 alleged to have been involved in a violation of former Chapter 707 , 5 Transportation Code , solely because the owner of the motor vehicle 6 is delinquent in the payment of a civil penalty imposed under that 7 chapter as permitted under Subsection ( a) of this section. 8 SECTION 8 . This Act takes effect immediately if it receives 9 a vote of two-thirds of all the members elected to each house , as 10 provided by Section 39 , Article III , Texas Constitution. If this 11 Act does not receive the vote necessary for immediate effect , this 12 Act takes effect September 1, 2019 . 5 39 H.B . No . 1631 President of the Senate Speaker of the House I certify that H. B . No . 1631 was passed by the House on May 8 , 2019 , by the following vote : Yeas 109 , Nays 34 , 3 present , not voting. Chief Clerk of the House I certify that H.B . No . 1631 was passed by the Senate on May 17 , 2019 , by the following vote : Yeas 23 , Nays 8 . Secretary of the Senate APPROVED: Date Governor 6 40 ORDINANCE. �D® 'f•3 AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A BEST VALUE ANNUAL CONTRACT FOR OPERATION OF AN AUTOMATED TRAFFIC SIGNAL ENFORCEMENT PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 3364-AUTOMATED TRAFFIC SIGNAL ENFORCEMENT SYSTEM AWARDED TO REDFLEX TRAFFIC SYSTEMS USA). WHEREAS, the City has heretofore solicited, received, and tabulated competitive best value bids, for the purchase of necessary materials,equipment,supplies or services in accordance with the procedures of State law and the City of Denton,Texas ordinances; and WHEREAS, the City Manager or a designated employee of the City with authority, have reviewed and recommended that the herein described bids are the best value bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore based on the selection criteria set forth in the requests for bids;and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The findings and conclusions set forth in the preamble of this ordinance are incorporated within the body of the ordinance. SECTION 2. The options in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, is hereby accepted and approved as being the best value bid for such items, RFP NUMBER DESCRIPTION VENDOR AMOUNT 3364 Automated Traffic Signal Redflex Traffic Systems USA Fee Structure Enforcement Program Inc.in Contract SECTION 3. By the acceptance and approval of the above items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals,and related documents. 41 SECTION 4. The City Manager is hereby authorized to execute any and all necessary written contracts for the perfonnance of the services in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with and relating to the items specified in Section 1,which written contract(s) shall be attached hereto; provided that the written contract is in accordance with the above Request to Submit Bids, Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTIONS. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this &Aday of (I _=2005. EULINE BROCK,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APIPtED A TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 4 ORD-RF?334G4 42 AGREEMENT BETWEEN T14E CITY OF DENTON AND REDFLEX TRAFFIC SYSTEMS,INC. FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM This Agreement (this "Agreement") is made as of this ==day of November, 2005 by and between Redflex Traffic Systems,Inc. with offices at 6047 Bristol Parkway 1ST Floor, Culver City, California 90230 ("Redflex"), and The City of Denton, a municipal corporation, with offices at 215 E. McKinney,Denton,Texas 76201, (the"Customer"). RECITALS WHEREAS, Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and citation processes related to digital photo red light enforcement systems; and WHEREAS, the Customer desires to engage the services of Redflex to provide certain equipment, processes and back office services so that sworn police officers of the Customer are able to monitor, identify and enforce red light running violations as prescribed under Ordinance No.2004-389; and WHEREAS, it is a mutual objective of both Redflex and the Customer to reduce the incidence of vehicle collisions at the traffic intersections and city streets that will be monitored pursuant to the terms of this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: AGREEMENT 1. DEFIA11 ONS. In this Agreement, the words and phrases below shall have the following meanings: I.L "Authorized Officer" means the Police Project Manager or such other individual(s) as the Customer shall designate to review Potential Violations and to authorize the Issuance of Citations in respect thereto, and in any event, a sworn police officer. 1.2. "Authorized Violation"means each Potential Violation in the Violation Data for which authorization to issue a citation in the form of an Electronic Signature is given by the Authorized Officer by using the Redflex System, 1.3. "Citation" means the notice of a Violation, which is mailed or otherwise delivered by Redflex to the violator on the appropriate Enforcement Documentation in respect of each Authorized Violation. 1.4. "Confidential or Private Information" means, with respect to any Person, any information,matter or thing of a secret, confidential or private nature, whether or not so labeled, which is connected with such Person's business or methods of operation or concerning any of such Person's suppliers, licensors, licensees, customers or others with whom such Person has a business relationship, and which has current or potential value to such Person or the unauthorized t 43 disclosure of which could be detrimental to such Person, including but not limited to: 1,4,1, Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketing plans, data, procedures, business opportunities, marketing methods,plans and strategies, the costs of construction, installation, materials or components, the prices such Person obtains or has obtained from its clients or customers, or, at which such Person sells or has sold its services; and 1,4.2. Matters of a technical nature, including but not limited to product. information, trade secrets, know-how, formulae, innovations, inventions, devices, discoveries, techniques, formats, processes,methods, specifications, designs, patterns, schematics, data, access or security-codes, compilations of information, test results and research and development projects, For purposes of this Agreement,the term "trade secrets" shall mean the broadest and most inclusive interpretation of trade secrets. 1.4.3. Notwithstanding the foregoing, Confidential Information will not include information that; (i) was generally available to the public or otherwise part of the public domain at the time of its disclosure, (ii)became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission by any party hereto in breach of this Agreement, (iii)was subsequently lawfully disclosed to the disclosing party by a person other than a party hereto, (iv) was required by an opinion of the Texas Attorney General or by a court of competent jurisdiction to be described, or(v)was required by applicable state Iaw to be described. 1.5. "Designated Intersection Approaches" means the Intersection Approaches set forth on Exhibit A attached hereto, and such additional Intersection Approaches as Redflex and the Customer shall mutually agree from time to time. 1.6. "Electronic Signature" means the method through which the Authorized Officer indicates his or her approval of the issuance of a Citation in respect of a Potential Violation-using the Redflex System, 1.7. "Enforcement Documentation" means the necessary and appropriate documentation related to the Photo Red Light Enforcement Program, including but not limited to warning letters, citation notices (using City specifications), a numbering sequence for use on all citation, instructions to accompany each issued Citation (including in such instructions a description of basic adjudication procedures, payment options and information regarding the viewing of images and data collected by the Redflex System), chain of custody records, criteria regarding operational policies for processing Citations (including with respect to coordinating with the Department of Motor'Vehicles), and technical support documentation for adjudication personnel . 1.8. "Equipment" means any and all cameras, sensors, equipment, components, products, software and other tangible and intangible property relating to the Redflex Photo Red Light System(s), including but not limited to all camera systems,housings,radar units,severs and poles. 2 44 1.9. "Fine" means a monetary sum in the form of a civil penalty assessed for each Notice of Violation. 1.10. Governmental Authority" means any domestic or foreign government, governmental authority, court, tribunal, agency or other regulatory, administrative or judicial agency, commission or organization, and any subdivision,branch or department of any of the foregoing. 1.11. "Installation Date of the Photo Red Light_ Program" means the date on which Redflex completes the construction and installation of at least one (1) Intersection Approach in accordance with the terms of this Agreement so that such Intersection Approach is operational for the purposes of functioning with the Redlight Photo Enforcement Program. I M. "Intellectual Property" means, with respect to any Person, any and all now known or hereafter known tangible and intangible (a) rights associated with works of authorship throughout the world, including but not limited to copyrights, moral rights and mask-works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing),of such Person. 1.13. "Intersection Approach" means a conduit of travel with up to four (4) contiguous lanes from the curb (e.g., northbound, southbound, eastbound or westbound) on which at least one (1) system has been installed by Redflex for the purposes of facilitating Redlight Photo Enforcement by the Customer. 1.14. "Operational Pcrioo " means the period of time during the Term, commencing on the Installation Date, during which the Photo Red Light Enforcement Program is functional in order to permit the identification and prosecution of Violations at the Designated City Streets and Intersection Approaches by a sworn police officer of the Customer and the issuance of Citations for such approved Violations using the Redflex System. 1.15. "Person" means a natural individual, company, Governmental Authority, partnership, firm,corporation, legal entity or other business association. 1.1b. "Police Pro' ct Manage " means the project manager appointed by the Customer in accordance with this Agreement, which shall be a sworn police officer and shall be responsible for overseeing the installation of the Intersection Approaches and the implementation of the Redlight Photo Enforcement Program, and which manager shall have the power and authority to make management decisions relating to the Customer's obligations pursuant to this Agreement, including but not limited to change order authorizations, subject to any limitations set forth in the Customer's charter, city code or other organizational documents of the Customer or by the city council or other governing body of the Customer. 1.17. "Potential Violation" means, with respect to any motor vehicle passing through a Designated City Street and/or Intersection Approach, the data collected 3 45 by the Redflex System with respect to such motor vehicle, which data shall be processed by the Redflex System for the purposes of allowing the Authorized Officer to review such data and determine whether a Red Light•Violation has occurred. 1.18. "Propricign Property" means, with respect to any Person, any written or tangible property owned or used by such Person in connection with such Person's business, whether or not such property is copyrightable or also qualifies as Confidential Information, including without limitation products, samples, equipment, files, lists, books, notebooks, records, documents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets, computer programs and software, computer print outs, other written and graphic records .and the like,whether originals,copies,duplicates or summaries thereof, affecting or relating to the business of such Person, financial statements, budgets, projections and invoices, 1.19. "Redflex Marks" means all trademarks registered in the name of Redflex or any of its affiliates, such other trademarks as are used by Redflex or any of its affiliates on or in relation to Photo Red Light Enforcement at any time during the Term this Agreement, service marks, trade names,logos, brands and other marks owned by Redflex, and all modifications or adaptations of any of the foregoing. 1.20. " edflex Project Man er" means the project manager appointed by Redflex in accordance with this Agreement, which project manager shall initially be (insert name), or such person as Redflex shall designate by providing written notice thereof to the Customer from time to time, who shall be responsible for overseeing the construction and "installation of the Designated Intersection Approaches and the implementation the Photo Red Light Enforcement Program, and who shall have the power and authority to make management decisions relating to Redflex's obligations pursuant to this Agreement, including but not limited to change-order authorizations. 1.21. "Redflex Photo Red Light System' means, collectively, the SmartCamTM System, the SmartOpsTM System, the Redlight Photo Enforcement Program, and all of the other equipment, applications, back office processes and digital red light traffic enforcement cameras, sensors, components, products, software and other tangible and intangible property relating thereto. 1,22. "Photo Red Tight Enforcement Program"means the process by which the monitoring, identification and enforcement of Violations is facilitated by the use of certain equipment, applications and back office processes of Redflex, including but not limited to cameras, flashes, central processing units, signal controller interfaces and detectors (whether loop, radar or video loop) which, collectively, are capable of measuring Violations and recording such Violation data in the form of photographic images of motor vehicles. 1.23. "Photo Redlight Violation Criteria" means the standards and criteria by which Potential Violations will be evaluated by sworn police officers of the Customer, which standards and criteria shall include, but are not limited to, the duration of time that a traffic light must remain red prior to a Violation being deemed to have occurred, and the location(s) in an intersection which a motor . 4 46 vehicle must pass during a red light signal prior to being deemed to have committed a Violation, all of which shall be in compliance with all applicable laws,rules and regulations of Governmental Authorities. 1.24. "SmartCamTM System" means the proprietary digital redlight photo enforcement system of Redflex relating to the Photo Red Light Enforcement Program, US. "SmartOpSTM System" means the proprietary back-office processes of Redflex relating to the Photo Red Light Enforcement Program, 1.26. "SmartSceneTm System" means the proprietary digital video camera unit, hardware and software required for providing supplemental violation data.. 1.27, "Traffic Signal Controller Boxes" means the signal controller interface and detector, including but not limited to the radar or video loop,as the case may be, 1.29. "Violation" means any traffic violation contrary to the terms of the Vehicle Code or any applicable rule, regulation or law of any other Governmental Authority, including but not limited to operating a motor vehicle contrary to traffic signals, and operating a motor vehicle without displaying a valid license plate or registration. 1.29, "Violations Data"means the images and other Violations data gathered by the Redflex System at the Designated City Streets and/or Intersection Approaches. 1.30, "Warnina Period" means the period that only warning notices and not citations for violations shall be sent during the 30 day period commencing with the installation of a traffic-control signal monitoring device, 1.31. 2. TERM. The term of this Agreement shall commence as of the date hereof and shall continue for a period of three (3)years after the Installation Date (the"Initial Term"). The Customer shall have the right, but not the obligation, to extend the term of this Agreement for up to three (3) additional consecutive and automatic one (1) year periods following the expiration of the Initial Term (each, a "Renewal Term" and collectively with the Initial Term, the"Term"). -The Customer may exercise the right to extend the term of this Agreement for a Renewal Tenn by providing written notice to Redflex not less than thirty (30)days prior to the last day of the Initial Term or the Renewal Term,as the case may be. 3. SERVICES. Redflex shall provide the Photo Red Light Enforcement Program to the Customer, in each case in accordance with the terms and provisions set forth in this Agreement, 3.1. INSTALLATION. With respect to the construction and installation of (1) the Designated Intersection Approaches and the installation of the Redflex System at such Designated Intersection Approaches, the Customer and Redflex shall have the respective rights and obligations set forth on Exhibit B attached hereto. 3.2. MAINTFNANCE. With respect to the maintenance of the Redflex System at the Designated Intersection Approaches the Customer and Redflex shall have the respective rights and obligations set forth on Exhibit C attached hereto. s 47 3.3. VIOLATION PROCESSING. During the Operational Period, Violations shall be processed as follows: 3,3.1. All Violations Data shall be stored on the Redflex System; 3.3,2. The Redflex System shall process Violations Data gathered from the Designated City Streets and/or Intersection Approaches into a format capable of review by the Authorized Officer via the Redflex System; 3.3.3. The Redflex System shall be accessible by the Authorized Officer through a virtual private network in encrypted format by use of a confidential password on any computer equipped with a high-speed internet connection- and a web browser; 3.3,4. Redflex shall provide the Authorized Officer with access to the Redflex System for the purposes of reviewing the pre-processed Violations Data within four (a) days of the gathering of the Violation Data from the applicable Designated City Streets and/or Intersection Approaches 33.5, The Customer shall cause the Authorized Officer to review the Violations Data and to determine whether a citation shall be issued with respect to each Potential Violation captured within such Violation Data, and transmit each such determination in the form of an Electronic Signature to Redflex using the software or other applications or procedures provided by Redflex on the Redflex System for such purpose, and REDFLEX HEREBY ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A CITATION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED OFFICER AND SHALL BE MADE IN SUCH AUTHORIZED OFFICER'S SOLE DISCRETION (A "CITATION DECISION"), AND IN NO EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE A CITATION DECISION; 3.3.6. With respect to each Authorized Violation, Redflex shall print and mail a Citation within two (2) days after Redflex's receipt of such authorization; r vided, however, during the Warning Period, warning violation notices shall be issued in respect of all Authorized Violations; 3.3.7. Redflex shall provide a toll-free telephone number for the purposes of answering citizen inquiries. 3.3.8. Redflex shall permit the Authorized Officer to generate monthly reports using the Redflcx Standard Report System. 3.3.9. Upon Redflex's receipt of a written request from the Customer and in addition to the Standard Reports, Redflex shall provide, without cost to the Customer, reports regarding the processing and issuance of Citations, the maintenance and downtime records of the Designated Intersection Approaches and the functionality of the Redflex System with respect thereto to the Customer in such format and for such periods as the Customer may reasonably request; rovidcd, howey�r, Redflex shall not be obligated to provide in excess of six (6) such reports in any given twelve (12) month period without cost to the Customer; 33.10. Upon the Customer's receipt of a written request from Redflex, the Customer shall provide, without cost to Redflex, reports regarding the 6 48 prosecution of Citations and the collection of fines, fees and other monies in respect thereof in such format and for such periods as Redflex may reasonably request; provided however the Customer shall not be obligated to provide in excess of six (6) such reports in any given twelve (12) month period without cost to Redflex; 3.3.11. During the six (6) month period following the Installation Date and/or upon Redflex's receipt of a written request from the Customer at least fourteen (14) calendar days in advance of the adjudication proceeding, Redflex shall provide expert witnesses for use by the Customer in prosecuting Violations; provided,. however, the Customer shall use reasonable best efforts to seek judicial notice in.lieu of requiring Redflex to provide such expert witnesses;and 3.3.12. During the three (3) month period following the Installation Date, Redflex shall provide such training to police personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses on behalf of the Customer with respect to the Red light Enforcement Program. 3.4.PROSECUTION AND COLLECTION: COMPENSATION. The Customer shall diligently prosecute Citations and the collection of all Fines in respect thereof, and Redflex shall have the right to receive, and the Customer shall be obligated to pay,the compensation set forth on Exhibit D attached hereto. 3.5. OTHERAIGHTS AND OBLIGATIONS. During the Term, in addition to all of the other rights and obligations set forth in this Agreement, Redflex and the Customer shall have the respective rights and obligations set forth on Exhibit E attached hereto, 3.6. CfIANGE_ORDERS. The Customer may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice thereof to Redflex, setting forth in reasonable detail the proposed changes (a " han a Order Notice"). Upon Redflex's receipt of a Change Order Notice, Redflex shall deliver a written statement describing the effect, if any, the proposed changes would have on the pricing terms set forth in Exhibit D (the "Chwge Order Proposal"), which Change Order Proposal shall include (i) a detailed breakdown of the charge and schedule effects, (ii) a description of any resulting' changes to the specifications and obligations of the parties, (iii) a schedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the Customer. Following the Customer's receipt of the Change Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule for implementation of the proposed changes, the time, manner and amount of payment or price increases or decreases, as the case may be, and any other matters relating to the proposed changes; provided, however, in the event that any proposed change involves only the addition of equipment or services to the existing Designated Intersection Approaches, Designated City Vehicles, or the addition of Intersection Approaches to be covered by the terms of this Agreement, to the maximum extent applicable, the pricing terms set forth in Exhibit D shall govern. Any failure of the parties to reach agreement with I 49 respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this Agreement,and any disagreement shall be resolved in accordance with Section 10. 4, LICENSE-RESERVATTON OFRrGHTS 4.1, License, Subject to the terms and conditions of this Agreement, Redflex hereby grants the Customer, and the Customer hereby accepts from Redflex upon the terms and conditions herein specified, a non-exclusive, nontransferable license during the Term of this Agreement to: (a) solely within the City of Denton, access and use the Redflex System for the sole purpose of reviewing Potential. Violations and authorizing the issuance of Citations pursuant to the terms of this Agreement, and to print copies of any content posted on the Redflex System in connection therewith, (h) disclose to the public (including outside of the City of .Denton) that Redflex is providing services to the Customer in connection with Photo Red Light Enforcement Program pursuant to the terms of this Agreement, and (c) use and display the Redflex Marks on or in marketing, public awareness or education, or other publications or materials relating to the Photo Red Light Enforcement Program, so long as any and all such publications or materials are approved in advance by Redflex. 4.2. RESERVATION OF RIGHTS. The Customer hereby acknowledges and agrees that., (a) Redflex is the sole and exclusive owner of the Redflex System, the Redflex Marks, all Intellectual Property arising from or relating to the Redflex System, and any and all related Equipment, (b) the Customer neither has nor makes any claim to any right, title or interest in any of the foregoing, except as specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any such rights or interests of Customer pursuant to this Agreement, the Customer shall gain no additional right,title or interest therein. 4.3. RESTRICTED USE. The Customer hereby covenants and agrees that it shall not (a) make any modifications to the Redflex System, including but not limited to any Equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use any of the Redflex Marks in any way which might prejudice their distinctiveness, validity or the goodwill of Redflex therein, (d)use any trademarks or other marks other than the Redflex Marks in connection with the Customer's use of the Redflex System pursuant to the terms of this Agreement without first obtaining the prior consent of Redflex,or(e) disassemble, de-compile or otherwise perform any type of reverse engineering to the Redflex System, the Redflex System, including but not limited to any Equipment, or to any, Intellectual Property or Proprietary Property of Redflex, or cause any other Person to do any of the foregoing. 4.4. PROTEQTION OF RIGHTS. Redflex shalt have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Rcdflex, including without limitation the fling of applications to register as trademarks in any jurisdiction any of the Redflex Marks, the filing of patent application for any of the Intellectual Property of Redflex, and making any other applications or filings with appropriate Governmental Authorities. The Customer shall not take any action to remedy or prevent such infringing activities, and shall not in its own name make any 8 50 registrations or filings: with respect to any of the Redflex Marks or the Intellectual Property of Redflex without the prior written consent of Redflex. 4.5. INFRINGEMENT. The Customer shall use its reasonable best efforts to give Redflex prompt notice of any activities or threatened activities of any Person of which it becomes aware that infringes or violates the Redflex Marks or any of Redflex's Intellectual Property or that constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall have the exclusive right, but not the obligation, to take action to enforce such rights and to make settlements with respect thereto. In the event that Redflex commences any enforcement action under this Section 4.5, then the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex, and Redflex shall be entitled to any damages or other monetary amount that might be awarded after deduction of actual costs; provided, that Redflex shall reimburse the Customer for any reasonable costs incurred in providing such cooperation and assistance. 4,6, INFRINGING USE.- The Customer shall give Redflex prompt written notice of any action or claim action or claim, whether threatened or pending, against the Customer alleging that the Redflex Marks, or any other Intellectual Property of Redflex, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex in the defense thereof; ron vided,, that Redflex shall reimburse the Customer for any reasonable costs incurred in providing such cooperation and assistance. If such a claim is made and Redflex determines, in the exercise of its sole discretion, that an infringement may exist, Redflex shall have the right, but not the obligation, to procure for the Customer the right to keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non-infringing items, 5. REPRESENTATIONS AND WARRANTIES. 5.L Redflex Representations and Warranties. 5.1.1. Authori1y, Redflex hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. 5.1.2. Prof ssional Services. Redflex hereby warrants and represents that any and all services provided by Redflex pursuant to this Agreement shall be performed in a professional and workmanlike manner and, with respect to the installation of the Redflex System, subject to applicable law, in compliance with all specifications provided to Redflex by the Customer, 5.2. Customer Representations and Warranties. 5.2.L Authodty., The Customer hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. 5.2.2. Professional Services. The Customer hereby warrants and represents that any and all services provided by the Customer pursuant to this Agreement shall be performed in a professional and workmanlike manner, 9 51 5.3. LIMITED WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, REDFLEX MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,WITH RESPECT TO THE REDFLEX SYSTEM OR ANY RELATED EQUIPMENT OR WITH RESPECT TO THE RESULTS OF THE CUSTOMER'S USE OF ANY OF THE FOREGOING. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, REDFLEX DOES NOT WARRANT THAT ANY OF THE DESIGNATED INTERSECTION APPROACHES OR THE REDFLEX SYSTEM WILL OPERATE IN THE WAY THE CUSTOMER SELECTS FOR USE, OR THAT THE OPERATION OR USE THEREOF WILL BE UNINTERRUPTED. THE CUSTOMER HEREBY ACKNOWLEDGES THAT THE REDFLEX SYSTEM MAY MALFUNCTION FROM TIME TO TIME, AND SUBJECT TO THE TERMS OF THIS AGREEMENT,REDFLEX SHALL DILIGENTLY ENDEAVOR TO CORRECT ANY SUCH MALFUNCTION IN A TIMELY MANNER. 6. TERMINATION. 6.1. TERMINATION FOR CAUSE: Either party shall have the right to terminate this Agreement immediately by written notice to the other if(i) state statutes are amended to prohibit or substantially change the operation of photo red light enforcement systems;(ii) any court having jurisdiction over City rules, or state or federal statute declares, that results from the Redflex System of photo red light enforcement.are inadmissible in evidence; or (iii) the other party commits any material breach of any of the provisions of this Agreement. Either party shalt have the right to remedy the cause for termination(Sec 6.1) within forty-five(45) calendar days (or within such other time period as the Customer and Redflex shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after written notice from the non-causing party setting forth in reasonable detail the events of the cause for termination. 6.2. The rights to terminate this Agreement given in this Section 6.I shalI be without prejudice to any other right or remedy of either party in respect of the breach concerned (if any) or any other breach of this Agreement. 6.3. PROCEDURES UPON TERMINATION. The termination of this Agreement shall not relive either party of any liability that accrued prior to such termination. Except as set forth in Section 6.3, upon the termination of this Agreement, all of the provisions of this Agreement shall terminate and: 6.3.L Redflex shall (i) immediately cease to provide services, including but not limited to work in connection with the construction or installation activities and services in connection with the Photo Red Light Enforcement Program, (ii)promptly deliver to the Customer any and all Proprietary Property of the Customer provided to Redflex pursuant to this Agreement, (iii) promptly deliver to the Customer a final report to the Customer regarding the collection of data and the issuance of Citations in such format and for such to 52 periods as the Customer may reasonably request, and which final report Redflex shall update or supplement from time to time when and if additional data or information becomes available, (iv) promptly deliver to Customer a final invoice stating all fees and charges properly owed by Customer to Redflex for work performed and Citations issued by Redflex prior to the termination,and(v)provide such assistance as the Customer may reasonably request from time to time in connection with prosecuting and enforcing Citations issued prior to the termination of this Agreement. 6.3.2. The Customer shall (i) immediately cease using the Photo Red Light - Enforcement Program, accessing the Redflex System and using any other Intellectual Property of Redflex, (ii)promptly deliver to Redflex any and all Proprietary Property of Redflex provided to the Customer pursuant to this Agreement, and (iii) promptly pay any and all fees, charges and amounts properly owed by Customer to Redflex for work performed and Citations issued by Redflex prior to the termination. 6.3.3. Unless the Customer and Redflex have agreed to enter into a new agreement relating to the Photo Red Light Enforcement Program or have agreed to extend the Term of this Agreement, Redflex shall remove any and all Equipment or other materials of Redflex installed in connection with Redflex's performance of its obligations under this Agreement, including but not limited to housings,poles and camera systems, and Redflex shall restore the Designated City Vehicles and Designated Intersection Approaches to substantially the same condition such Designated Intersection Approaches were in immediately prior to this Agreement. 6.4. SURVIVAL. Notwithstanding the foregoing, the definitions and each of the following shall survive the termination of this Agreement; (x) Sections 4.2 (Reservation of Rights), 5.1 (Redflex 'Representations and Warranties), 5.2 (Customer Representations and Warranties), 5.3 (Limited Warranty), 7 (Confidentiality), 8 (Indemnification and Liability), 9 (Notices), 10 (Dispute Resolution), 11.1 (Assignment), 11.17 (Applicable Law), 11.16 (Injunctive Relief; Specific Performance) and 11.18 (Jurisdiction and Venue), and (y) those provisions, and the rights and obligations therein, set forth in this Agreement which either by their terms state, or evidence the intent of the parties, that the provisions survive the expiration or termination of the Agreement, or must survive to give effect to the provisions of this Agreement. 7. CONFIDENTIALITY, During the term of this Agreement and for a period of three (3) years thereafter, neither party shall disclose to any third person, or use for itself in any way for pecuniary gain, any Confidential Information learned from the other party during the course of the negotiations for this Agreement or during the Term of this Agreement. Upon termination of this Agreement, each party shall return to the other all tangible Confidential Information of such party, Each party shall retain in confidence and not disclose to any third party any Confidential Information without the other party's express written consent, except (a) to its employees who are reasonably required to have the Confidential Information, (b) to its agents, representatives, attorneys and other professional advisors that have a need to know such Confidential Information, provided that such parties undertake in writing(or are tl 53 otherwise bound by rules of professional conduct) to keep such information strictly confidential, and (c)*pursuant to, and to the extent of, a request or order by any Governmental Authority, including laws relating to public records. 8. INDEllINIFICATIONAND LIABILITY. 8.1, Indemnifi"tion by Redflex. Subject to Section 8.3 and 8.4,Redflex hereby agrees to defend and indemnify the Customer and its managers, officers, directors, employees, agents,representatives and successors,permitted assignees,or any of them(individually a"Customer Party" and collectively, the "Customer Parties") against, and to protect, save and keep harmless the Customer Parties from, and to pay on behalf of or reimburse the Customer Parties as and when incurred for,any and all liabilities, obligations, losses, damages, penalties, demands, claims, actions, suits, judgments, settlements, costs, expenses and disbursements (including reasonable attorneys', accountants' and expert witnesses' fees) of whatever kind and nature (collectively, "bosses"), which may be imposed on or incurred by any.Customer Party arising out of or related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of Redflex contained in this Agreement, or (b) negligence and/or omissions or the willful misconduct of Redflex, its employees or agents, subcontractors or contract laborers performing services under the agreement which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the subcontractors or contract laborers performing services under this Agreement willful misconduct of any Customer Party. 8.2. Indemnification by Customer, Subject to Section 8.3 and 8.4, and to the extent allowed by law and without waiving any rights,defenses or immunities provided to it by the Texas Tort Claims Act or other applicable law including, without limitation, the defense of governmental or immunity, the Customer hereby agrees to defend and indemnify Redflex and its managers, officers, directors, employees, agents, representatives and successors,permitted assignees or any of them (individually a "Redflex Party" and collectively, the "Redflex Parties") against, and to protect, save and keep harmless the Redflex Parties from, and to pay on behalf of or reimburse the Redflex Parties as and when incurred for, any and all Losses which may be imposed on or incurred by any Redflex Party arising out of or in any way related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of the Customer contained in this Agreement, (b) the negligence and/or omissions of the Customer, its employees, officers or agents which result in death or bodily injury to any natural person(including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct of any Redflex Party, (c) any claim, action or demand not caused by Redflex's- failure to perform its obligations under this Agreement,or(d) any claim, action or demand challenging the Customer's use of the Redflex System or any portion thereof, the validity of the results of the Customer's use of the Redflex System or any portion thereof,or 12 54 the validity of the Citations issued, prosecuted and collected as a result of the Customer's use of the Redflex System or any portion thereof.. 8.3. Indemnification,Procedures. In the event any claim, action or demand (a "Claim") in respect of which any party hereto seeks indemnification from the other, the party seeking indemnification (the "lndemnificd Party") shall give the party from whom indemnification is sought (the "Indemnifying Party") written notice of such Claim promptly after the Indemnified Party first becomes aware thereof, provided, however, that failure so to give such notice shall not preclude indemnification with respect to such Claim except to the extent of any additional or increased Losses or other actual prejudice directly caused by such failure. The Indemnifying Party shall have the right to choose counsel to defend such Claim (subject to the approval of such counsel by the Indemnified Party, which approval shall not be unreasonably withheld, conditioned or delayed), and to control, compromise and settle such Claim, and the Indemnified Party shall have the right to participate in the defense at its sole expense;provided, however, the Indemnified Party shall have the right to take over the control of the defense or settlement of such Claim at any time if the Indemnified Party irrevocably waives all rights to indemnification from and by the Indemnifying Party. The Indemnifying Party and the Indemnified Party shall cooperate in the defense or settlement of any Claim, and no party shall have the right enter into arty settlement agreement that matcrially affects the other party's material rights or material interests without such'party's prior written consent, which consent will not be unreasonably withheld or delayed. 8.4. Limited Liability. Notwithstanding anything to the contrary in this Agreement, neither party shall be liable to the other, by reason of any representation or express or implied warranty, condition or other term or any duty at common or civil law, for any indirect, incidental, special, lost profits or consequential damages, however caused and on any theory of liability arising out of or relating to this Agreement. It is further agreed that if a claim or liability should arise from the joint or concurring negligence of both parties hereto, it should be bome by them comparatively in accordance with the laws of the State of Texas. Neither this Section nor any other portion of this agreement shall be construed as, or shall create any, rights for any persons or entities who are not a party to this agreement. 9. NOTICES. Any notices to be given hereunder shall be in writing, and shall be deemed to have been given (a) upon delivery, if delivered by hand, (b)three(3) days after being mailed first class, certified mail, return receipt requested, postage and registry fees prepaid, or (c) one Business Day after being delivered to a reputable overnight courier service, excluding the U.S. Postal Service,prepaid, marked for next day delivery, if the courier service obtains a signature acknowledging receipt, in each case addressed or sent to such party as follows: 9.1. Notices to Redflex: Redflex Traffic Systems, Inc. 15020 North 74 h Street Scottsdale, AZ 85260 13 55 Attention: Ms, Karen Finley Facsimile: (480)607-5552 9.2. Notices to the Customer: City of Denton Attention: City Managcr 215 E,McKinney Denton,Texas 76201 Facsimile: (940)349-9596 10.DISPUTE RESOLTITION. Upon the occurrence of any dispute or disagreement between the parties hereto arising out of or in connection with any term or provision of this Agreement, the subject matter hereof, or the interpretation or enforcement hereof (the "Dispute"), the parties shall engage in informal, good faith discussions and attempt to resolve the Dispute. In connection therewith, upon written notice of either party,each of the parties will appoint a designated officer whose task it shall be to meet for the purpose of attempting to resolve such Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute in accordance with this Section 10, and in the event that either of the parties concludes in good faith that amicable resolution through continued negotiation with respect to the Dispute is not reasonably likely,then the parties may mutually agree to submit to binding or nonbinding arbitration or mediation. 11.MISCELLANEOUS. 11.1. ASSIGNMENT. Neither party may assign all or any portion of this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed; provided, however, The Customer hereby acknowledges and agrees that the execution (as outlined in Exhibit F), delivery and performance of Redflex's rights pursuant to this Agreement shall require a significant investment by Redflex, and that in order to finance such investment, Redflex may be required to enter into certain agreements or arrangements ("Financing Transactions") with equipment,lessors, banks, financial institutions or other similar persons or entities (each, a "Financial Institution" and collectively, "Financial Institutions"), The Customer hereby agrees that Redflex shall have the right to assign, pledge, hypothecate or otherwise transfer ("Transfer") its rights, or any of them, under this Agreement to any Financial Institution in connection with any Financing Transaction between Redflex and any such Financial Institution, subject to the Customer's prior written approval, which approval shall not be unreasonably withheld or delayed. The Customer further acknowledges and agrees that in the event that Redflex provides written notice to the Customer that it intends to Transfer all or any of Redflex's rights pursuant to this Agreement, and in the event that the Customer fails to provide such approval or fails to object to such Transfer within forty-five (45) business days after its receipt of such notice from Redflex, for the purposes of this Agreement, the Customer shall be deemed to have consented to and approved such Transfer by Redflex. Notwithstanding the above, this Agreement shall inure 14 56 to the benefit of, and be binding upon, the parties hereto, and their respective successors or assigns. 11.2. "SPEED ENFORCEMENT" The Customer and Redflex agree that should legislation or local ordinance be enacted to enable the photo enforcement of speed within the city, and the city requires this capability for public safety then the city will have the option to extend this contract to include additional terms for photo enforcement of speed within the city. 11.3. RELATIONSHIP BETWEEN REDFLEX AND THE CUSTOMER. Nothing in this Agreement shall create, or be deemed to create, a partnership, - joint venture or the relationship of principal and agent or employer and employee between the parties. The relationship between the parties shall be that of independent contractors, and nothing contained in this Agreement shall create the relationship of principal and agent.or otherwise permit either party to incur any debts or liabilities or obligations on behalf of the other party (except as specifically provided herein). 11.4. AUDIT-RIGHTS. Each of parties hereto shall have the right to audit to audit the books and records of the other party hereto (the "Audi dParty") solely for the purpose of verifying the payments, if any, payable pursuant to this Agreement, Any such audit shall be conducted upon not less than forty-eight (48) hours' prior notice to the Audited Party, at mutually convenient times and during the Audited Party's normal business hours. Except as otherwise provided in this Agreement, the cost of any such audit shall be borne by the non-Audited Party. In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non-Audited Party pursuant to this Agreement, the Audited Party shall'promptly pay the amount of the shortfall,and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than twenty five percent (25%) of the amount of actually owing, the cost of such audit shall be borne by the Audited Party. In the event any such audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement,non-Audited Party shall promptly refund to the Audited Party the amount of the excess. 11.5. FORCE MAJEURE. Neither party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, or Governmental Authorities approval delays which are not caused by any act or omission by Redflex, and unusually severe weather. The party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay. 11.6. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the parties, and there are no other agreements (other than invoices and purchase orders), whether written or oral, which affect its terms, This Agreement may be amended only by a subsequent written agreement signed by both parties. 15 57 11.7. SEVERABILITY. If any provision of this Agreement is held by any court or other competent authority to be, void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision. 11.8. WAIVER. Any waiver by either party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof. 11.9. CONSTRUCTION Except as expressly othenvise provided in this Agreement, this Agreement shall be construed as having been fully and completely negotiated and neither the Agreement nor any provision thereof shall be,construed more strictly against either party. 11.10. HEADINGS. The headings of the sections contained in this Agreement are included herein for reference purposes only, solely for the convenience of the parties hereto, and shall not in any way be deemed to affect the meaning, interpretation or applicability of this Agreement or any term, condition or provision hereof. 11.11. EXECUTION AND COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute only one instrument. Any one of such counterparts shall be sufficient for the purpose of proving the existence and terms of this Agreement, and no party shall be required to produce an original or all of such counterparts in making such proof. 11.12. COVENANT OF FURTHER ASSURANCES. All parties to this Agreement shall, upon request, perform any and all acts and execute and deliver any and all certificates, instruments and other documents that may be necessary or appropriate to carry out any of the terms, conditions and provisions hereof or to carry out the intent of this Agreement, 11.13. REMEDIES CUMULATIVE, Each and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one of them shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of any one remedy sha[1 not be deemed to be an election of such remedy, or a waiver of any other remedy. 1 I.14, BINDING EFFECT. This Agreement shall inure to the benefit of and be, binding upon all of the parties hereto and their respective . executors, administrators,successors and permitted assigns, 11.15. . COMPLIANCE WITH LAWS. Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law, and whenever there is a conflict between any term, condition or provision of this Agreement and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the term, condition or provision of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within the requirement of the law, provided that such construction is consistent with the intent of the Parties as expressed in this Agreement. 16 58 11.16. NO THIRD PARTY BENEFIT. Nothing contained in this Agreement shall be deemed to confer any right or benefit on any Person who is not a party.to this Agreement. 11.17. INJUNCTIVE RELIEF, SPECIFIC PERFORMANCE, - The parties hereby agree and acknowledge that a breach of Sections 4.1 (License), 4.3 (Restricted Use) or 7 (Confidentiality) of this Agreement would.result-in severe and irreparable injury to the other party, which injury could not be adequately compensated by an award of money darnages, and the parties therefore agree and acknowledge that they shall be entitled to injunctive relief in the event of any . breach of any material term, condition or provision of this Agreement, or to enjoin or prevent such a breach, including without limitation an action for. specific performance hereof. 11.18. APPLICABLE LAW, This Agreement shall be governed by and construed in all respects solely in accordance with the laws of the State of Texas United States. 11,19. JURISDICTION AND VENUE. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction and venue of the courts located in the County of Denton and both parties specifically agree to be bound by the jurisdiction and venue thereof. 12. MOST FAVORED NATION CLAUSE. If during the term of this contract Redflex should enter into any agreement with another municipality within the greater Dallas metropolitan area for photo red light enforcement upon terms and conditions more favorable than those granted to Customer, Reflex agrees to modify this contract to include such favorable terms if so requested by Customer. (The remainder of this page is left intentionally blank) l7 59 IN WITNESS WHEREOF,.the parties hereto have executed this Agreement as of the.day and year first set forth above. CITY OF DENTON,TEXAS BY: MICHAEL A. CONDUFF, NAGER ATTEST: JENNIFER WAL'T'ERS, CITY SECRETARY BY: APPRO D AS TO LEGAL FORM: EDWIN M. SNYDER, CITYATTORNEY BY, REDFLEX TRAFFIC SYSTEMS,INC. BY: A 18 60 EXHIBIT"A" Designated Intersection Approaches The contract is for the implementation of up to 10 intersections. Identification of enforced intersection will be based on mutual agreement between Redflex and the City as warranted by community safety and traffic needs, 19 61 EXHIBIT"B" Construction and Installation Obligations Timeframe for Installation:Fixed Photo Red Light S, s- n Redflex will have each specified intersection installed and activated in phases in accordance with an implementation plan to be mutually agreed to by Redflex Traffic Systems and the Municipality. Redflex will use reasonable commercial efforts to install the system in accordance with the schedule set forth in the implementation plan that wilt be formalized upon project commencement. Redflex will use reasonable commercial efforts to install and activate the first specified intersection within the first forty-five (45) days subsequent to formal project kick-off, The Municipality agrees that the estimated timeframe for installation and activation are subject to conditions beyond the control of Redflex and are not guaranteed. In order to provide the client with timely completion of the photo enforcement project Redflex Traffic Systems requires that the City assist with providing timely approval of City permit requests. The City acknowledges the importance of the safety program and undertakes that in order to keep the project on schedule the customer is to provide city engineers review of Redflex permit requests and all documentation within a two business days, Redflex will also review and correct if necessary any redlines with in two business days. Permits need to be received within five business days of first submittal in order to implement the program in a timely manner, 1. Redflex Obligations, Redflex shall do or cause to be done each of the following (in each case,unless otherwise stated below,at Redflex's sole expense): 1.1. Appoint the Redflex Project Manager and a project implementation team consisting of between one (1) and four (4) people to assist the Redflex Project Manager; 1.2. Request current "as-built" electronic engineering drawings for the Designated Intersection Approaches(the"Drawings")from the city traffic engineer; 1.3. Develop and submit to the Customer for approval construction and installation specifications in reasonable detail for the Designated Intersection Approaches, including but not limited to specifications for all radar sensors, pavement loops, electrical connections and traffic controller connections,as required;and 1.4. Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated intersection Approaches (collectively, the "Approvals"), which will include compliance with City permit applications. I.S. Finalize the acquisition of the Approvals; 1.6. Submit to the Customer a public awareness strategy for the Customer's consideration and approval, which strategy shall include media and educational materials for the Customer's approval or amendment (the"Awareness Strategy"); l.7, Develop the Redlight Violation Criteria in consultation with the Customer; 20 62 1.8. Develop the Enforcement Documentation for approval by the Customer, which approval shall not-be.unreasonably withheld; 1.9. Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersection Approaches (under the supervision of the Customer); 1.10. Cause an electrical sub-contractor to complete all reasonably necessary electrical work at the Designated Intersection Approaches,including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling,telecommunications equipment and wiring,which work shall be performed in compliance with all applicable local,state and federal laws and regulations; 1.11. Install and test the functionality of the Designated Intersection Approaches with the Redflex System and establish fully operational Violation processing capability with the Redflex System; 1.12. Implement.the use of the Redflex System.at each of the Designated Intersection Approaches, 1.13. Deliver the Materials to the Customer;and 1.14. Issue citation notices for Authorized Violations; 1.15. Redflex shall provide training (i) for up to fifteen (15) personnel of the Customer,including but not limited to the persons who Customer shall appoint as Authorized Officers and other persons involved in the administration of the Redlight photo Enforcement Program, (ii) for at least sixteen (16)-hours in the aggregate, (iii) regarding the operation of the Redflex System and the Redlight Photo Enforcement Program,which training shall include training with respect to the Redflex System and its operations, strategies for presenting Violations Data in administrative adjudication hearing proceedings and a review of the Enforcement Documentation; 1.16. Interact with administrative adjudication hearing personnel to address issues regarding the implementation of the Redflex System, the development of a subpoena processing timeline that will permit the offering of Violations Data in adjudication proceedings, and coordination between Redflex, the Customer and adjudication personnel; and 1.17. Provide reasonable public relations resources and media materials to the Customer in the event that the Customer elects to conduct a public launch of the Redlight Photo Enforcement Program. 1.18. Setup processes to collect payments from citizens on Notice of Violation using a local mailing address in the Dallas metropolitan area and establish a relationship with a collection agency to pursue any unpaid citations. Costs incurred by a collection agency in the collection of delinquent accounts will be no more than 25% of the sum collected and will be borne by customer as defined in section 3.4. 1.19. Citation processing and citation re-issuance 2. CUSTOMER OBLIGATIONS. The Customer shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Customer's sole expense): 21 63 2.LL Appoint the Police Project Manager; Provide an Administrative Hearing Officer to preside over Appeals Hearing for the City. 2.1,2, Assist Redflex in obtaining the Drawings from the relevant Governmental Authorities; 2.1.3. Notify Redflex of any specific requirements relating to the construction and installation of any Intersection Approaches or the implementation of the Redlight Photo Enforcement Program; 2.1 A. Provide assistance to Redflex in obtaining access to the records data of the Department of Motor Vehicles in Redflex's capacity as an independent contractor to the Customer;and 2.1.5, Assist Redflex in seeking the Approvals 2.1.6. Provide reasonable access to the Customer's properties and facilities in order to permit Redflex to install and test the functionality of the Designated Intersection Approaches and the Redlight Photo Enforcement Program; 2.1.7. Provide reasonable access to the personnel of the Customer and reasonable information about the specific operational requirements of such personnel for the purposes of performing training; 2.1.8. Seek approval or amendment of Awareness Strategy and provide written notice to Redflex with respect to the quantity of media and program materials (the "Materials") that the Customer will require in order to implement the Awareness Strategy during the .period commencing on the date on which Redflex begins the installation of any of the Designated Intersection Approaches and ending one (1) month after the Installation Date; 2.1.9. Assist Redflex in developing the Redlight Violation Criteria;and 2.1.10. Seek approval of the Enforcement Documentation. 22 64 EXHIBIT"C" Maintenance I. All repair and maintenance of Photo Red Light Enforcement systems and related equipment will be the sole responsibility of Redflex, including but not limited to maintaining the casings of the cameras included in the Redflex System and all other Equipment in reasonably clean and graffiti-free condition. 2. Redflex shall not open the Traffic Signal Controller Boxes without a representative of city Traffic Engineering present. 3. The provision of all necessary communication, broadband and telephone services to the Designated Intersection Approaches will be the sole responsibility of the Redflex 4. The provision of all necessary electrical services to the Designated Intersection Approaches will be the sole responsibility of the Customer 5. In the event that images of a quality suitable for the Authorized Officer to identify Violations cannot be reasonably obtained without the use of flash units, Redflex shall provide and install such flash units. 6. The Redflex Project Manager (or a reasonable alternate) shall be available to the Police Project Manager each day,on a reasonable best efforts basis. 23 65 EXHIBIT"D" COMPENSATION &PRICING Commencing on the expiration of the Warning Period for each Designated Intersection Approach, Customer shall be obligated to pay Redflex a fixed fee of$4,870 per month for each Designated Intersection Approach ("Fixed Fee") as full remuneration for performing all of the services contemplated in this Agreement. Cost Neutrality Cost neutrality is assured to Customer. The maximum compensation that Customer shall be obligated to pay to Redflex each month is the Fixed Fee. Each month, Customer and Redflex shall compare the aggregate revenue received from all Citations ("Revenue") to the total amount invoiced by Redflex for the Fixed Fee ("Amount Invoiced") during the previous month ("Cost Neutrality Review'). If the Amount Invoiced exceeds the Revenue, then City shall only be obligated to pay the Revenue to Redflex and the difference between the Revcnue and the Amount Invoiced for that month will carry over to the next month as a deficit ("Deficit Amount"). If, in the next following month, the Revenue exceeds the Amount Invoiced, Customer shall pay the Amount Invoiced plus all or any portion of the accumulated Deficit Amount to the extent that there is sufficient Revenue to pay all or any portion of the Deficit Amount. BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS: I. Redflex construction will be able to utilize existing conduit for installation where space is available. 2. The Customer agrees to pay Redflex within thirty (30) days after the invoice is received. A monthly late fee of 1.5% is payable for amounts remaining unpaid 60 days from date of invoice. 3. Each year the pricing will increase by the CPI. CPI will be derived from the publication of the U.S. Department of Labor Consumer Price Index for U.S. City average. 24 66 Exhibit"E" Additional Rights and Obligations Redflex and the Customer shall respectively have the additional rights and obligations set forth below: 1. Redflex shall assist the Customer in public information and education efforts, including but not limited to the development of artwork for utility bill inserts,-press releases and schedules for any public launch of the Redlight Photo Enforcement Program (actual print and production costs are the sole responsibility of the Customer). 2. Redflex shall be solely responsible for installing such Signage.The Customer shall be solely responsible for the fabrication of any signage, notices or other postings required pursuant to any law, rule or regulation of any Governmental Authority ("Signa a"), including but not limited to the Vehicle Code, and shall assist in determining the placement of such Signage. 3. The Redflex Project Manager and the Police Project Manager shall meet on a weekly basis during the period commencing as of the date of execution hereof and ending on the Installation Date, and on a monthly basis for the remainder of the Term, at such times and places as the Redflex Manager and the Customer Manager shall mutually agree. 4. The Customer shall not access the Redflex System or use the Redlight Photo Enforcement Program in any manner other than prescribe by law and which restricts or inhibits any other Person from using the Redflex System or the Redflex Photo Enforcement Program with respect to any Intersection Approaches constructed or maintained by Redflex for such Person, or which could damage, disable, impair or overburden the Redflex System or the Redflex Photo Enforcement Program, and the Customer shall not attempt to gain unauthorized access to(i)any account of any other Person, (ii) any computer systems or networks connected to the Redflex System, or (iii) any materials or information not intentionally made available by Redflex to the Customer by means of hacking, password mining or any other method whatsoever, nor shall the Customer cause any other Person to do any of the foregoing. 5. The Customer shall maintain- the confidentiality of any username, password or other process or device for accessing the Redflex System or using the Redlight Photo Enforcement Program. 6. Each of Redflex and the Customer shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating.to the safeguarding of confidential or proprietary information,and when so advised, each of Redflex and the Customer shall obey any and all such rules and regulations. 7. The Customer shall promptly reimburse Redflex for the cost of repairing or replacing any portion of the Redflex System, or any property or equipment related thereto, damaged directly or indirectly by the Customer, or any of its employees, contractors or agents. 25 67 Insurance I. During the Term, Redflex shall procure and maintain and Redflex's sole cost and expense the following insurance coverage with respect to claims for injuries to persons or damages to property which may arise from or in connection with the performance of work or services pursuant to this Agreement by Redflex,and each of Redflex's subcontractors,agents,representatives and employees; . 2. Commercial General Liability Insurance. Commercial General Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage; 3. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury -or property damage, including but not limited to coverage for all automobiles owned by Redflex,hired by Redflex, and owned by third parties; 4. Professional Liability (Errors and Omissions) Insurance. Redflex will use its commercial best efforts to procure and maintain Professional Liability (Errors and Omissions) Insurance with coverage of not less than One Million Dollars ($1,000,000)per occurrence and in the aggregate. 5. Workers' Compensation and Employer's Liability Insurance. Workers' Compensation Insurance with coverage of not less than the limits required by the Labor Code of the State of (insert name), Employer's Liability Insurance with coverage of not less than One Million Dollars($1,000,000)per occurrence. 6. With respect to the insurance described in the foregoing Section of this Exhibit E, any deductibles or self-insured retentions must be declared to and approved by the Customer, and any changes to such deductibles or self-insured retentions during the Term must be approved in.advance in writing by the Customer. 7. With respect to the Commercial General Liability Insurance the following . additional provisions shall apply: 8. The Customer Parties shall be covered as additional insureds with respect to any liability arising from any act or omission of any Redflex Parties on the premises upon which any such Redflex Parties may perform services pursuant to this Agreement, and such coverage shall contain no special limitations on the scope of protection afforded to such additional insureds. 9. The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the Customer Parties in connection with this Agreement, and any insurance or self-insurance maintained by any of the (insert name)shall be in excess, and not in contribution to,such insurance. 10.Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the (insert names), and such insurance policies shall state the such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought, except with respect to the limits set forth in such insurance policies. 11. With respect to the insurance described in the foregoing Section of this Exhibit E, each such insurance policy shall be endorsed to state that the coverage provided thereby shall not be cancelled except after thirty (30) calendar days' prior written 26 68 notice to the Customer. if any of the Redflex Parties are notified by any insurer that any insurance coverage will be cancelled, Redflex shall immediately provide written notice thereof to the Customer and shall take all necessary actions to correct such cancellation in coverage limits, and shall provide written notice to the Customer of the date and nature of such correction. if Redflex, for any reason, fails to maintain the insurance coverage required pursuant to this Agreement, such failure shall be deemed a material breach of this Agreement, and the Customer shall have the right,but not the obligation and exercisable in its sole discretion, to either(i) terminate this Agreement and seek damages from Redflex for such breach, or (ii) purchase such required insurance, and without further notice to Redflex, deduct from any amounts due to Redflex pursuant to this Agreement, any premium costs advance by the Customer for such insurance. if the premium costs advanced by the Customer for such insurance exceed any amounts due to Redflex pursuant to this Agreement,Redflex shall promptly remit such excess amount to the Customer upon receipt of written notice thereof. 12. Redflex shall provide certificates of insurance evidencing the insurance required pursuant to the terms of this Agreement, which certificates shall be executed by an authorized representative of the applicable insurer, and which certificates shall be delivered to the Customer prior to Redflex commencing any work pursuant to the terms of this Agreement. 27 69 11/15/2005 12:44 4006075552 REDFLEX TRAFFIC PAGE 02/02 11/15/2605 13:06 9403497966 DENTON P.D. ISB PAGE 02/02 Exhibit F FORM OF ACKNOWLEDOWNI'AND CONSENT This Acknowledgement and Consent,dated as of 2005- is- entered into by and between the City of l mton(the"City")and RedfleX 7yjfflc Systcnls, Inc.,("Redflex"),with reference to the[Agreement for Automated Red Light Milo Enfometneat Cameras),dated as of ,by and between the City laid Redflex(the"Agreement"). !. Redflex has entered into a Credit Agreement,dated as of August 3,2004 (the"Harris-Redflex Credit Agreement"),with Harris Trust and Savings'Bank(the "Bank"),pursuant to whieh the Bank has provided certain working capltal'Mdit•iacilides to Redflex. Such credit facilities will provide Redflex the working capital that it heeds to perform its obligations to the City under the Agreement. 2. Pursuant to the Harris-Redflex Credit Agreement,Redflex hag granted Barris a security interest in all of Redflex's peisonal property as collateral for the Payment and performance of Redflex's obligations to the Bank under the Harris-Redflex Credit Agreement. Such security interest applies to and covers all of Redflex's co..3uact rights,including,without limitation,all of Redflex's rights and interests under the Agreement 3. Redflex will not,by virtue of the Hams-Redfiex Credit Agreement,be relieved of any liability or obligation under the Agreement,and the Bank has not- assumed any)lability or obligation of Redflex under the Agreement. 4. The City hereby acknowledges notice o�and consents to,Redflex'i grant Of such smufity interest in favor of the Bank in all of Redflex's rights and interests etude. the Agreement pursuattt to the Harris-Redflex Credit Agreement. 5. The City further acknowledges and agrees that this Acknowledgem.-nt and Consent shall be binding upon the City and shall inure to the benefit of the success ors and- assigns of the Bank and to any replacement lender which refinances Redflex`s obliae ions to the Bank under the Harris-Redflex Credit Agreement., fN WITNESS WHEREOF,the City and Redflex have caused.this AAnowledgement and Consent to be executed by their respective drily authorized W. elected officers as of the date first above written. The City: Redflex: CITY OF DENTON MDFiEX TRAFFIC SYSTF-MS,alC. $y: By Name: Name: aTG�'i Title:� TWO.- l re.5,�t _ r 29 70 Date: May 24, 2019 Report No. 2019-108 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Provide an update on the 2019 Denton Arts &Jazz Festival ridership numbers. DISCUSSION: The Denton Arts &Jazz Festival experienced another successful event in 2019. This year, festival staff estimate there were 220,000 people in attendance, a decrease of 5,000 attendees from 2018. On May 20, 2019, staff from Denton County Transportation Authority (DCTA), Denton Festival Foundation (foundation for the Arts & Jazz Festival), and City Manager's Office scheduled a conference call to discuss the ridership numbers over Arts & Jazz Festival weekend. This year, DCTA provided multiple complementary modes of transportation to and from the festival including the A-Train and bus shuttles that picked up passengers from two stations at the Medpark station and Denton Presbyterian Hospital. Overall, the number of A-Train passengers decreased slightly from 2018; the following information was provided by DCTA. The timing of the Festival also coincide with the Early Voting period for the municipal election each year. DCTA offered complementary rides to anyone holding a voucher or that notified their bus driver they were taking public transportation to an Early Voting location. According to DCTA records, there were zero passengers who took advantage of this promotion. Table 1 below summarizes A-Train ridership in 2019 compared to 2018, and Table 2 provides bus shuttle service ridership data. Table 1 Event Day* 2019 Denton Arts & Jazz 2018 Denton Arts &Jazz Festival A-Train Ridership Festival A-Train Ridership Friday 1,495 1,536 Saturday 597 802 *A-Train Service was offered on Friday and Saturday, Arts & Jazz Fest takes place Friday - Sunday Table 2 2019 Bus Shuttle Ridership 2018 Bus Shuttle Ridership Friday MedPark: 247 166 Saturday MedPark: 779 1,036 Presbyterian: 122 N/A Sunday MedPark: 307 506 Presbyterian: 29 N/A Total 1,484 1,708 71 Date: May 24, 2019 Report No. 2019-108 For added convenience,DCTA added a second parking area and shuttle at the Denton Presbyterian Hospital and provided free transportation for Early Voting on Saturday, April 27. Because of this increase in parking and shuttling,there were efforts to advertise these changes to the public. Table 3 outlines the costs of these promotional efforts as well as the cost of on-site staffing. Efforts Cost 2 Buses at Medpark from Friday- Sunday $7,200 2 Buses at Denton Presbyterian Hospital from $5,460 Saturday—Sunda Shuttle Signage $342 Printing Promotional Fliers (Design and $285.85 Distribution Event Sponsorship $1,500 Tent Fee $275 Brand Ambassador Fee $3,995 News Release, Email Marketing, Social Media, N/A Hop on Board Blo Ultimately, the Denton Arts & Jazz Festival was successful. There are improvements to be made regarding the ridership numbers for both the A-Train and bus shuttles; however, 2019 decreases in transit ridership are aligned with the decrease in attendance from 2018 levels. Staff agreed to the following enhancements for next year's festival, currently scheduled for April 24-26, 2020 to improve customer experience, enhance communication efforts, and increase the number of DCTA riders: • Hold a kick-off call in early January 2020 to discuss plans for the event and shuttles. • Finalize plans for the shuttles by the end of February and begin to advertise the public transportation options. The City of Denton will cross promote public transportation options for the event. STAFF CONTACT: Mario Canizares Deputy City Manager Mario.Canizaresgcityofdenton.com 72 Date: May 24, 2019 Report No. 2019-109 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Provide a report on the 1226 W. Oak Property. BACKGROUND: • The Health and Building Standards Commission(HaBSCo) convened a Regular Meeting on Thursday, Feb. 21, 2019 that included Item HBS 19-001 —"Hold a public hearing to affirm or reject an order by the Building Official to declare structures substandard. The structures are located on parcel#29063, addressed as 1226 West Oak, Bldg. No. 1226, 1224, 1232, 212, 216, 220, and one unaddressed structure." o This followed a Nov. 2018 Community Improvement Inspection and the notice required that permits be obtained and repair or demolition work commence by Feb. 8, 2019. o On Feb. 8, 2019, a re-inspection of the premises and structure(s) was performed. The substandard conditions noted in the Notice and Order remained the same. o On Feb. 21, 2019, HaBSCo voted to enforce the order giving the landlord 90 days, until May 27, 2019 to comply to address the structures through either demolition or rehabilitation or both. (Exhibit 1) o It is our understanding that the landlord has decided to demolish the structures and the landlord has sent a letter to the tenants to leave the premises by May 15, 2019. (Exhibit 2) DISCUSSION: Notice and Assistance Provided There is nothing in the law that requires the City of Denton to provide any relocation services. However, the City of Denton has gone above and beyond to provide the following relocation services and assistance to the individuals who reside on the property as set forth below. • Building Inspections notified Community Development that HaBSCo was considering an order that could result in a number of tenants being evicted by the Landlord and Community Development staff was present at the Feb. 21 HaBSCo hearing. • Following the decision, Community Development staff spoke with those tenants present at the hearing to make referrals to local agencies providing housing assistance and to share Community Development contact information. • Community Development's phone number was included in the notice sent to tenants to evacuate the premises by May 15 for any tenants needing assistance. • Since late February, Community Development has referred at least 12 different tenants to local housing agencies for housing assistance. 73 Date: May 24, 2019 Report No. 2019-109 • Staff has also been engaged in ongoing contact with Mr. Hudson who was featured in the Denton Record Chronicle article. Mr. Hudson has been a daily participant at services at Our Daily Bread for many years and he is actively working with Case Managers from Giving Hope, Inc. and Our Daily Bread there. Case managers know Mr. Hudson and all his service needs. While they have not yet been able to find a landlord or housing solution, they are continuing to seek all possible options including Veteran programs and if necessary, emergency shelter and storage of his belongings. • Staff has also been in contact with Giving Hope and Our Daily Bread who together have worked with 14 tenants from this property. Through these agencies, nine have been assessed, diverted, or housed depending upon their needs and qualifications. Current Status • Multiple utility accounts on the property(216 Fry St., 220 Fry St., 1226 W Oak St., 1232 W Oak St) were commercial and have meters that service the entire building for electric and/or water services. With the exception of 216 Fry St. where the sentinel lights account continues to be active, the rest have been turned off for nonpayment. There are few units on the property(212 Fry St., 1224 W Oak St) that have individual, residential meters for each unit. Services are set up and paid for by the residents in their own names. 5/24/19 Summary of All Properties (Exhibit 3). • Due to the best of our knowledge, there are a few tenants remaining on the property. On the afternoon of Thursday, May 23, a police officer reported speaking with 5 individuals that were remaining on the property. This is supported by the summary referenced above. • Non-profit agencies will continue to outreach with the remaining individuals at the site to offer assistance. Next Steps for Property • According to the Order of the Health and Building Standards Commission, Mr. Naderi has until May 27, 2019 to comply with the order by either demolishing the substandard structures or repairing the substandard structures on his property. • If after May 27, the owner fails to comply with the order, the City is authorized to immediately proceed with further action, including demolition of the structures, and, if such action is taken, will place a lien on the property in order to recover its costs. Additional time will be required to bid out the demolition work, determine funding, and likely would be an incremental process over several months. o Community Improvement Services (CIS) Division will perform an inspection of the structures which are the subject of the order on or after Monday, June 3, 2019. o CIS will document either the compliance with the order or non-compliance with the order. 74 Date: May 24, 2019 Report No. 2019-109 o A report will be prepared summarizing the findings of the inspection. o At this time if persons are found to still be living in the substandard structures, the Building Official for the City of Denton may issue an order to vacate the structure or structures and Community Improvement Services would be authorized to secure the buildings. o Any remaining individuals at the site who are required to vacate will be offered information and support for housing assistance through a community non-profit partner. ATTACHMENT(S): Exhibit 1 —Order of Heath and Building Standards 02-26-19 Exhibit 2—Exhibit 2 - Landlord Letter 04-15-19 Exhibit 3 - 1226 W Oak St- Summary of All Properties STAFF CONTACT: Sarah Kuechler Director of Public Affairs sarah.kuechler@cityofdenton.com (940) 349-8356 75 Date: May 24, 2019 Report No. 2019-109 76 CITY (OF DENTON ORDER OF THE HEALTH AND BUILDING STANDARDS COMMISSION February 21, 2019 CASE 1812-0431,#1812-0430,#1812-0429, #1812-0427,#1812-0426,#1812-0382,#1812-0705 Address: 1226 W Oak St, Denton TX Legal Description: PONDER ADDN LOT IA Property ID: 29063 On February 21, 2019,the Health and Building Standards Commission of the City of Denton, Texas (the "Commission") considered whether the structures located at 1226 W Oak St(220 Fry St; Unknown Bldg#, Fry St;216 Fry St;212 Fry St; 1232 W Oak St; 1226 W Oak St; 1224 W Oak St)are substandard, dilapidated and unfit for human habitation, and do not meet minimum standards and the buildings constitute a hazard to the public health, safety, and welfare. The City appeared and was represented by Stephanie Berry, Assistant City Attorney, and testimony was given by Community Improvement Services Officer Heather Dow and Building Inspections Supervisor Billy Ewton. The owner of the structure, Bahman Naderi was duly served with notice and was represented by his Attorney William Trantham, before the Commission. Mr.Naderi agreed to this order. Based on arguments and evidence presented at that hearing, the Commission found that the structures located at 1226 W Oak St(220 Fry St; Unknown Bldg#,Fry St; 216 Fry St; 212 Fry St; 1232 W Oak St,; 1226 W Oak St; 1224 W Oak St), are substandard, dilapidated, unfit for human habitation, and a hazard to the public health, safety,and welfare, according to the Denton City Code Chapter 2,Chapter 17, Articles XIII,and Tex. Loc. Gov't Code §214.001(a),and that Bahman Naderi is the owner. Based on the arguments and evidence presented at the February 21,2019 hearing.the Commission did issue an order to the owner to repair or demolish the structures at 1226 W Oak St(220 Fry St; Unknown Bldg #, Fry St; 216 Fry St; 212 Fry St; 1232 W Oak St,; 1226 W Oak St; 1224 W Oak St) within ninety days(90)of the date the order was signed. It is therefore ORDERED: The owners shall repair or demolish of all the structures on site no later than 90 days following the date of this order, and shall maintain the property secured in a reasonable manner from unauthorized entry during such demolition or repairs. On or about May 27, 2019 Community Improvement Services Officer Heather Dow will inspect the property and assess progress and compliance with this order. The findings of this assessment will be presented to the Commission by appearing in person or through electronic means of distribution. If the Owner elects to perform repairs, he or she exclusively assumes all risk, expense and responsibility for ensuring that all legal requirements and standards are fully and strictly satisfied within the strict time constraints of this order, regardless of whether such standards are required under Denton's Code or any other law. Neither City, nor its staff, assumes any responsibility for identifying these standards,nor for guiding the Owner towards a timely,successful or feasible repair. Neither the City nor its staff warrant, assure, represent or recommend that timely, compliant, affordable, complete, or satisfactory repairs are feasible, or even possible, whether under ideal 77 circumstances or in the face of hidden, unforeseen or unforeseeable circumstance. Any building permit for repairs is strictly conditioned: upon the limitations of this Order; upon application of Denton's current code standards to any repair; upon Owner's express assumption of his or her exclusive responsibility for strict,timely and complete compliance with these restrictions; authorize demolition of the structure if repairs are not timely and completely completed; regardless of any cause, condition or circumstance, even if unforeseen or unforeseeable; regardless of any other statement or representation made by City or its staff; regardless of time, money or effort already invested into the repairs upon expiration of the time allocated for repairs; and regardless of the amount of progress made toward completion upon expiration of the time allocated for repairs under this Order. If within the timeframe of this order,the owner fails to comply with the provisions of this order,the City is authorized to immediately proceed with further action, including the demolition of the structures, and, if such action is taken, will place a lien on the property in order to recover its costs. In accordance with Denton City Code Chapter 2, Section 2-260-262, Chapter 17, and Tex. Loc. Gov't Code §214.001(n), the expense of demolition performed under contract with the City or by City forces, will constitute a nontransferable lien against the real property. In accordance with Tex. Loc.Gov't Code §214.001(f),the Commission orders that within ten(10)days of this order, a copy shall be filed with the City Secretary, and that notice of such filing, along with the date of the hearing,street address of the property,disposition of this hearing be published in the Denton Record- Chronicle,a newspaper of general circulation in the City of Denton. Signed and entered this day of ZQ4- .2019. Greg Co ard,Chairperson State of Texas County of Denton t __ ORN TO and Subscribed before me by , on this C7�C� day of 2019. Charla W Smith �( Notary Public State of Texas Notary Public My Comm.Exp.02/11/2022 Nota IN 599355-2 After Recording Return to: City of Denton Community Improvement Services Attn: Heather Dow 601 East Hickory, Ste B Denton,TX 76205 78 Monday April 15, 2019 To tenants and all others living on the premises located at addresses listed below: 1224 W Oak St Denton,TX 76201 1226 W Oak St Denton,TX 76201 1232 W Oak St Denton,TX 76201 212 Fry St Denton,TX 76201 216 Fry St Denton, TX 76201 220 Fry St Denton, TX 76201 please take notice that all residents living on this lot must vacate the Property by May o will no longer be able to be an 15, 2019. Due to many unforeseen circumstances,this property rental facility. All personal belongings and any other items must be removed by May 16.2U19 By receiving this letter this is your official 30 day notice to vacate the property. 11 you creed any assistance finding housing, please contact the City of Denton- munsty Oeve%opment Services at 94o-349-7726. T henb, Management Ob 79 1226 W Oak St 5/24/19 Summary of All Properties The following accounts have meters that service the entire building for the services listed. For commercial cut non pay accounts, water and electric meters are not disconnected at the same time. To ensure accuracy, all meters for commercial water service which are shown to be off have been verified by a field crew to confirm the status. 216 Fry St This account was turned on overnight Tuesday, 5/21. Upon discovery that the service was commercial, it was turned back off Wednesday morning. This location has an account for sentinel lights which is active. The building does not have active water or electric services. 5/24/19 field crews found the water meter had been reconnected and have turned it back off and locked it. Unit Number Electric Water Notes Sentinel On N/A No request for termination;account is paid to current BLDG Off 5/8/19 Off 5/17/19 Cut Non Pay;Tampering-Water 5/24 220 Fry St Water is set to be turned off with the Verify Cut Non Pay which is done 7 days after interruption. There is no electric service currently. Unit Number Electric Water Notes BLDG Off 5/23/19 On Electric Cut Non Pay;Water scheduled for cut 5/30/19 1226 W Oak St This account was turned on overnight Tuesday, 5/21. Upon discovery that the service was commercial, it was turned back off Wednesday morning. 5/24/19 field crews found the water meter was still off. It has been locked. Unit Number Electric Water Notes BLDG Off 5/8/19 Off 5/17/19 Cut Non Pay 1232 W Oak St Field technicians discovered tampering of the electric meters at the property on 5/22/19. 5/24/19 field crews found the water meter had been reconnected and have turned it back off and locked it. Unit Number Electric Water Notes BLDG Off 5/8/19 Off 5/16/19 Cut Non Pay;Tampering- Electric 5/22,Water 5/24 80 The locations below have individual, residential meters for each unit. Services are set up and paid for by the residents in their own names. As residential water and electric meters are turned off at the same time, individual water meters which are listed as off were not field validated. 212 Fry St This location is individually metered for water and electric. Service is in the names of residents. Unit Number Electric Water Notes 1 On On No request for termination;account is paid to current 2 On On No request for termination;account is paid to current 3 On On No request for termination;account is paid to current 4* Off 6/7/18 Off 6/7/18 $406.99 Write off balance 1/1/19 1224 W Oak St This location is individually metered for electric. Electric service is in the names of residents. Unit Number Electric Water Notes BLDG N/A On Account past due; Scheduled to cut 5/29/19 1 On On No request for termination; account is paid to current 2* Off 5/1/19 Off 5/1/19 Customer requested turn off 3 On On No request for termination;account is paid to current 4* Off 5/15/19 Off 5/15/19 Customer requested turn off 5* Off 5/17/19 Off 5/17/19 Customer requested turn off 6* Off 4/24/19 Off 4/24/19 Customer requested turn off 7* Off 2/26/19 Off 2/26/19 Cut Non Pay 8* Off 2/22/19 Off 2/22/19 Customer requested turn off 9* Off 5/23/19 Off 5/23/19 Cut Non Pay 10* Off 2/19/19 Off 2/19/19 Customer requested turn off * Water meters for individual residential accounts were not validated as off or locked by field on 5/24/19. 81 CouncilRequests -__7Request Request Date Staff ResponsibleDepartment 1 2019-260 PEC-4 Survey ISR on requirements to survey property owners adjacent to the PEC-4 project regarding their 02/26/19 Estes Capital Projects Council Meeting Information will be provided in a future Friday report. Meltzer willingness to allow use of right-of-way easements for bicycle and pedestrian paths? 2 2019-294 Prairie St.Historic Designation Staff report on the potential historic designation for Prairie Street. 03/05/19 McAllen/McDonald Development Services Council Meeting Information is provided in the May 24 Friday Report. Meltzer 2019-357 Comprehensive Low-Income Work Session on comprehensive process for low-income housing strategy that includes housing 03/20/19 Kuechler/Shaw Community Development Council Meeting This process will be discussed during a future work session. Meltzer 3 Housing Strategy bonds,density bonuses,grants for low income rentals,land swaps and other tactics to maximize the availability of affordable housing. 2019-362 City Properties for Affordable Information on if City-owned properties are eligible for affordable housing including which City- 03/20/19 Kuechler/Shaw Community Development Council Meeting A summary will be provided in a future Friday report. Armintor 4 Housing owned properties fall within the"distressed zone"and if they are potentially eligible for New Market Tax Credits. 5 2019-354 Fire Department Recruitment Provide costs to have an agency more effectively advertise the Fire Department for recruitment. 03/20/19 Adams/Hedges Fire/Public Affairs Council Meeting Information will be provided in a future Friday report. Hudspeth Marketing 6 2019-431 Rayzor Ranch Update ISR on Rayzor Ranch Town Center change of ownership,information on the land overlays and 04/03/19 McDonald/Rogers Economic Development/Development Council Meeting Information will be provided in a future Friday report. Watts the process to amend overlays,and information related to the incentives. Services 7 2019-428 Police Officer Staff Levels Information on the number of police officer positions that are needed by the city and our plan 04/03/19 Dixon Police Council Meeting Information will be provided in a future Friday report Briggs address any gaps. 8 2019-469 Community Market Information on the addition of a City position to support all non-profit agencies. 04/09/19 Kuechler/Rogers Public Affairs/Community Development Council Meeting Information will be provided in a future Friday report. Hudspeth 9 2019-575 Kansas City RR Daily Trips How many daily trips go through Denton on the Kansas City Rail Line? 05/06/19 Deshmukh Capital Projects Council Meeting Information will be provided in a future Friday report. Ryan 10 2019-576 Hickory Creek Widening Staff Report on additional costs for bringing the Hickory Creek widening project to six lanes. 05/06/19 Deshmukh Capital Projects Council Meeting Information will be provided in a future Friday report. Ryan 2019-565 Naming Rights What are the policies for both Denton County and the State of Texas with regard to naming 05/06/19 Gray/Packan Parks and Recreation Council Meeting Information will be provided in a future Friday report. Armintor 11 public facilities owned by each entity respectively?Are there any laws impacting or prohibiting the City's naming policy? 12 2019-577 Municipal Broadband Staff report on short-term strategies to address residents who are without high-speed internet 05/07/19 Birdseye City Manager's Office Council Meeting An update is provided in the May 24 Friday Report. Armintor along with what can be done to address this long term. 13 2019-578 Internet Coverage Coordinate with CenturyLink, Frontier, AT&T and other service providers to determine their 05/07/19 Birdseye City Manager's Office Council Meeting An update is provided in the May 24 Friday Report. Briggs willingness to address current service gaps in the community. 14 2019-586 CDBG Locations Can CDBG allocations be required to be located in specific areas around the City?How many 05/07/19 Kuechler/Shaw Community Development Council Meeting Information will be provided in a future Friday report. Hudspeth lots/homes is Habitat for Humanity planning to purchase and build? 15 2019-585 Artificial Turf Staff report on the City's use of artificial turf and the viability of using it in parks and sports fields. 05/07/19 Packan/Behrens Parks and Recreation Council Meeting Information will be provided in a future Friday report. Armintor 16 2019-630 PEC 4 Property Documentation Document the current state of properties that will be upgraded and altered through the PEC 4 05/21/19 Estes Capital Projects Council Meeting Information will be provided in a future Friday report. Davis Drainage Improvements Project for historical records. 17 2019-631 Public Safety Plan for Information on public safety plan to ensure necessary clearance and planning is in place for the 05/21/19 Estes Capital Projects Council Meeting Information will be provided in a future Friday report. Hudspeth Roundabout Construction Bonnie Brae roundabout construction project. 18 2019-639 Roadway Warranty Clarification on the two year warranty for roadway projects and how that compares with 05/21/19 Estes/Deshmukh Capital Projects Council Meeting Information will be provided in a future Friday report. Meltzer warranties made by other jurisdictions. 19 2019-650 MKOC Accessibility Information on sidewalks near MKOC and the feasibility of adding a DCTA stop at the facility. 05/21/19 Estes/Canizares Capital Projects/City Manager's Office Council Meeting Information will be provided in a future Friday report. Armintor 20 2019-644 Kids at Play Signs Design and purchase a"slow kids at play"sign with the City logo that could be made available to 05/21/19 Estes/Kuechler Capital Projects/Public Affairs Council Meeting Information will be provided in a future Friday report. Hudspeth residents for placement in their yards. 21 2019-632 Police Facility Timeline Staff report on the timeline to remodel the current Police Headquarters compared to the new 05/21/19 Canizares City Manager's Office Council Meeting Information will be provided in a future Friday report. Ryan Police Substation. 22 2019-634 DCTA Work Session Work Session on options to enhance City's partnership with DCTA under the new governance 05/21/19 Canizares City Manager's Office Council Meeting Information will be provided in a future Friday report. Davis structure. 23 2019-646 Redistricting Resolution Resolution from City Council to ask the County to wait on their redistricting until the 2020 Census 05/21/19 Wood City Manager's Office Council Meeting Information will be provided in a future Friday report. Armintor 24 2019-625 Coordinated Entry Process Staff report on the coordinated entry process and how individuals are assessed. 05/21/19 Kuechler/Shaw Community Development Council Meeting Information will be provided in a future Friday report. Armintor 25 2019-643 Habitat for Humanity Homes in Information on ways to incentivize the inclusion of Habitat for Humanity homes to new 05/21/19 Kuechler/Shaw Community Development Council Meeting Information will be provided in a future Friday report. Briggs New Developments developments. 26 2019-652 Our Daily Bread Day Center Information on if Our Daily Bread would be open to becoming a day center. 05/21/19 Kuechler/Shaw Community Development Council Meeting Information will be provided in a future Friday report. Armintor 27 2019-642 Industrial Sites to Noise Information on how industrial sites could be added to noise ordinance. 05/21/19 McDonald Development Service Council Meeting Information will be provided in a future Friday report. Briggs Ordinance 28 2019-641 Landlord Incentives Landlord incentives provided by the City for reduced taxes for those making units available for 05/21/19 McDonald Development Services Council Meeting Information will be provided in a future Friday report. Briggs transitional housing. 2019-624 DEC Staff Report Staff report on the costs to turn off the DEC to address the noise and pollution issues.Include 05/21/19 Puente DIME Council Meeting Information will be provided in a future Friday report. Armintor 29 operating and maintenance costs to run the plant,contingency reserves,and the debt service payments. 30 2019-651 DEC Noise Staff report on research done for anticipated sound at the DEC,promises made as the project 05/21/19 Puente DME Council Meeting Information will be provided in a future Friday report. Armintor/Watts was developed,and information on landscaping options to buffer the noise. 31 2019-645 Business Owner Relief during Information on ways to provide relief to business owners impacted by City construction projects. 05/21/19 Rogers Economic Development Council Meeting Information is provided in the May 24 Friday report. Hudspeth Construction 32 2019-635 Miracle League Baseball Staff report on what it would take to support miracle league baseball. 05/21/19 Packan Parks and Recreation Council Meeting Information will be provided in a future Friday report. Meltzer 33 2019-637 Options for Oakwood Cemetery Information on the ability to add plots or tree banking on abandoned ROW at Oakwood 05/21/19 Packan Parks and Recreation Council Meeting Information will be provided in a future Friday report. Meltzer ROW Cemetery. 34 2019-638 North Lakes Park Gym Hours Options to keep North Lakes Park Gym open on Sunday mornings. 05/21/19 Packan Parks and Recreation Council Meeting Information will be provided in a future Friday report. Meltzer 35 2019-648 Child Care at City Council Staff report on the feasibility of providing child care at City Council meetings. 05/21/19 Packan Parks and Recreation Council Meeting Information will be provided in a future Friday report. Armintor Meetings 36 2019-628 Recycling Contamination Staff report on ways to reduce recycling contamination rates,including alternative bin designs 05/21/19 Boemer/Cox Solid Waste Council Meeting Information will be provided in a future Friday report. Armintor/Meltzer and what cities with low contamination rates have done to educate the public. 37 2019-633 Reduced Waste Plans Work Session on commercial recycling and reduced waste/food diversion program. 05/21/19 Boemer Solid Waste Council Meeting This may be included with the Commercial Recycling presentation that will Davis be scheduled for later this summer. 38 2019-629 Art Project for Glass and Plastic Could the arts community including the Public Art Commission and Greater Denton Arts Council 05/21/19 Boemer/Cox/Rogers Solid Waste/Economic Development Council Meeting Information will be provided in a future Friday report. Armintor Reuse conduct community projects that include plastics and glass? 39 2019-636 Rebates for Electric Lawn Staff report on rebates for electric lawn equipment 05/21/19 Barnett Sustainability Council Meeting Information is provided in the May 24 Friday report. Meltzer Equipment Exported on May 24,2019 2:11:46 PM CDT 82 Page 1 of 1 CouncilRequests Row ID Title Request Request Date Staff Responsible Department Request Type Status Requested By 1 2019-079 Verizon Pole Debt Update on the Verizon pole attachment debt. 12/03/18 Puente/Morrow/Adams DIVE Other Council Requests Information will be provided in a future Legal Status Report. Meltzer 2 2019-094 SUP for all Multifamily Staff report describing if requiring Specific Use Permits for all multifamily developments would be 02/09/19 Leal City Attorney's Office Other Council Requests Information will be provided in the May 24 Legal Status report. Meltzer a violation of the Fair Housing Act. 3 2019-414 Street Contractors Prepare a list of contractors who were found to have done faulty compaction work leading to 04/02/19 Estes Capital Projects Other Council Requests Information will be provided in a future Friday report. Meltzer street failures. 4 2019-440 Signal study at Brinker/Quail Additional information is needed on why previous traffic study at Brinker and Quail Creek was 04/08/19 Estes/Deshmukh Capital Projects Other Council Requests Information will be provided in a future Friday report. Hudspeth Creek insufficient to create a signal. Also requests typical interval time between traffic studies. 5 2019-500 Homeless Housing Placements Which organizations listed on the dashboard our housing are housing individuals each month? 04/16/19 Kuechler Community Development Other Council Requests Information will be provided in a future Friday report. Briggs This will help Council understand where grants are needed most. 6 2019-561 City Assume Maintenance of Information on the process required for the City to consider assuming maintenance of Carpenter 05/02/19 Estes/Puente Capital Projects/Finance Other Council Requests Information will be provided in a future Friday report. Briggs Private Road Road,which is currently a private gravel road off of McKinney. 7 2019-570 Opening Taliaferro Street Information on if it is possible/advisable to re-open Taliaferro Street so that it connects to Bolivar 05/07/19 Canizares/Cox/Kremer Capital Projects Other Council Requests Information will be provided in a future Friday report. Briggs to N.Locust Street. 2019-572 Hickory Creek Alignment Staff report on the project and funding status of the veloweb(multi-use path)that is planned for 05/07/19 Oliphant/Estes Capital Projects Other Council Requests Information will be provided in a future Friday report. Armintor 8 Crossings the Hickory Creek floodplain.Include information on the connectivity this proposed path would provide and options to receive(if necessary)NCTCOG funding for this project. 2019-590 First Amendment Section of Request to allow for public input on the Special Event Ordinance and additional information on 05/10/19 Behrens/Packan Parks and Recreation Other Council Requests Information will be provided in a future Friday report. Armintor 9 Special Events Ordinance the First Amendment component of the ordinances.Information on the potential removal of the First Amendment section of the ordinance or revise the First Amendment section to something like"First Amendment Event Exemptions and Protections. 10 2019-599 Windsor Traffic Control Devices Status update on traffic control devices for Windsor and Bonnie Brae and Windsor and Hinkle 05/14/19 Deshmukh Capital Projects Other Council Requests Information will be provided in a future Friday report. Davis 11 2019-601 Gas Well Pre-Emption Specifics regarding the previously stated State pre-emption concerns for gas wells.Need more 05/14/19 Leal/Banks City Attorney's Office/Utilities Other Council Requests Information will be provided during the July 15 Luncheon.A separate Legal Davis specific information on who is grandfathered in and why. Status Report will also be distributed related to this issue. 12 2019-595 Homeless Encampment High level financial analysis comparing clean-up of homeless encampments to providing portable 05/14/19 Kuechler/Shaw Community Development Other Council Requests Information will be provided in a future Friday report. Meltzer Analysis toilets and servicing a dumpster for the same size population. 2019-600 City Funds to Outside Entities Staff report on City funds provided to outside entities including partnerships where real estate is 05/14/19 Gaines/Wood Finance/City Manager's Office Other Council Requests Information will be provided in the May 31 Friday report. Davis 13 provided(cash or in-kind),or funding for salaries is provided and the requirements placed on those entities. 14 2019-598 Employee Gift Policy Information on how the City of Denton's Employee Gift Policy compares to policies of peer cities, 05/14/19 Ogden/Lindsay Procurement&Compliance Other Council Requests Information will be provided in a future Friday report. Davis especially as they pertain to Police and Fire. 2019-606 Board and Commission List of current board and commission membership including term,who appointed them,and 05/16/19 Wood/Rios City Secretary's Office Other Council Requests Information will be posted online within the next few weeks.A work session Armintor Information on Website eligibility to serve a repeat term on the City's website. related to board and commission appointments is scheduled for June 18,at that time City Council will receive binders with details outlining the nomination process. 2019-610 Gas Well Discussion Please prepare a Legal Status Report on the requirements for existing gas wells and/or pad 05/17/19 McDonald/Leal/Banks City Attorney's Office/Development Other Council Requests Information will be included in the July 15 work session and a separate Legal Watts sites.Additionally,have staff prepare maps of all gas well plats together with various setback Services/Utilities Status Report. U radii that identifies the applicable setback setback for each pad site and the conditions required to make new gas well development subject to new codes.If most sites are vested,what is left that would be impacted by the new regulations? 17 2019-616 Fair Grounds Can the City consider purchasing the Fair Grounds? 05/18/19 Hileman City Manager's Office Other Council Requests Information will be provided in a future Friday report. Briggs 18 2019-615 Jail time vs.shelter costs How much does it cost taxpayers for someone to stay one night in jail and how does that 05/19/19 Kuechler/Dixon Community Development/Police Other Council Requests Information will be provided in a future Friday report. Briggs compare to the daily rate for the Monsignor King enhanced shelter? 19 2019-612 Blood Donation Location for blood drive near the square. 05/19/19 Rogers/Glover Economic Development Other Council Requests Information will be provided in a future Friday report. Meltzer 20 2019-621 Internet Coverage Gaps Provide an update on staff efforts to work with internet service providers to identify internet gaps 05/20/19 Canizares/Birdseye City Manager's Office Other Council Requests An update is provided in the May 24 Friday Report. Armintor and provide solutions for residents who currently do not have access to high speed broadband. 21 2019-623 Turn Lane Signage at 288/1-35 Work with TxDOT to address signage issue at the 288/1-35 underpass which shows two left turn 05/21/19 Deshmukh/Estes Capital Projects Other Council Requests Information will be provided in a future Friday report. Briggs Underpass lanes when there is only one. 22 2019-626 Unicorn Lake and Wind River Please review traffic at Unicorn Lake and Wind River,the intersection needs a four way stop 05/21/19 Estes/Deshmukh Capital Projects Other Council Requests Information will be provided in a future Friday report. Briggs sign.Traffic is increasing in the area and is becoming hazardous. Exported on May 24,2019 2:13:24 PM CDT 83 Page 1 of 1 May 2019 1 2 3 4 4:00pm Pubic Art Committee 2:30pm Agenda Committee 5:00pm PH Work Session 6:30pmP&ZRegular Session 5:30prnBoardofEthics 5 6 7 8 9 10 11 9:00am Public Utilities 1:30 pm CC Work Session I1:OOamEDP Bo a rd 6:30 pin CC Regular 11:00 am DCRC 12 pm Council Lune he on Session 2:30pm Agenda Committee 1:30pm Committee on the Environment 12 13 14 15 16 17 18 Op m HLC 9:00 am Mob ility 4:OOpmP&ZWork Session 4:00pm HaBSCo Meting— Committee -CANCELED 6:30pmPH Regular Session CANCELED 11:00amDCRC 5:30 pm CC Recepton Sp e c is 1 C a lle d Session -2:30pmAgenda Committee 6:00pm Committee on Persons with Disabilities 19 20 21 22 23 24 25 6:00pm Public Utilities 11:30 am CC Work I1:OOamTIF Board(TIRZ#1) Board Session 1:OOpm HOT&Sponsorship 11:00amDCRC 6:3 0 pin CC Re g u la r 2:30pm Agenda Committee Committee Meting 4:00pm ZBA-CANCELED Session 26 27 28 [2:30prn 9 30 31 o Council Airport oTIF Board(TIRZ#1) CTIYOFFICES CLOSED FOR 6:00 pm Bond Advisory 11:00 am DCRC IvEMDRiALDAY o C o unc il Me e ting Agenda Committee Committee 4:00pPublic ArtCommittee m OOpmP&Z Work Session 6:30pm P&Z Regular Session 84 June 2019 1 2 3 4 5 6 7 8 11:30 am Council 2:00 pm CC Work Session S:00pmP&Z Work Session 4:00pm Public Art Committee Luncheon 6:30 pm CC Regular 6:30pm PH Regular Session 1:30pm Committee on the Se ssion Environment 5:3 0 p m Tra ffic Sa fe ty Commission 9 10 11 12 13 14 15 9:00a m Public Utilities 9:00 a m Mob ility 11:00amEDP Board Committee 11:00 City Council Group 5:30pm HLC Photo 2:00 pm 2nd Tuesday Session 16 17 18 19 20 21 22 2:00 pm CC Work Session 5:00pmP&ZWorkSession 4:00pm FhBSCo Acting 6:30 pm CC Regular 6:30pm P&Z Regular Session Se ssion 5:00pm Committee on Persons With Disabilities 23 24 25 26 27 28 29 6:00p m Public Utilities 2:00 pm 4th Tuesday Bo a rd Session 4:00p m ZBA 30 85 July 2019 1 2 3 4 5 6 o Luncheon Meeting o Council Meeting 4:00pm Public Art Committee 1:30pm Committee on the (New date TBD since this is a Environment holiday) 5:3 0 p m Tra ffic Sa fe ty Commission 7 8 9 10 11 12 13 9:00a m Pub lic Utilities 9:00 am Mob ility I1:00amEDP Board Committee o Council Meeting 14 15 16 17 18 19 20 11:30 am Council 2:00 pm CC Work Session 5:00pmP&Z Work Session 4:00pm MBSCo Nbeting Luncheon 6:30 pm CC Regular 6:30pmP&Z Regular Session Se ssio n 5:00pm Committee on 5:30pm HLC Persons with Disabilities 21 22 23 24 25 26 27 6:00pm Public Utilities 2:00 pm 4th Tuesday I 1:00am TIF Board(TIRZ#1) Bo a rd Session 28 29 30 31 4:00pm ZBA No Council Meeting 86 Cityof Denton City Hall 215 E. McKinney St. Denton,Texas 76201 www.cityofdenton.com DENTON Meeting Agenda City Council Monday,June 3,2019 11:30 AM Work Session Room Classroom C After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Monday, June 3, 2019, at 11:30 a.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 3. Work Session Reports A. ID 19-1068 Receive a report, hold a discussion and give staff direction regarding the City of Denton's Cultural District program, formation of the City's first Cultural District (the Original Denton District), and the City's application to the Texas Commission on the Arts Cultural Districts Program. B. ID 19-1197 Receive a report, hold a discussion, and give staff direction regarding establishing a living wage requirement for city contractors. C. ID 19-911 Receive a report, hold a discussion, and provide staff direction regarding the implementation of an Acceptance of Sponsorships and Donations Policy. D. ID 19-1206 RED LIGHT CAMERA 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. 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 AND COUNCIL CHAMBERS ARE 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 I Printed on 512412019 87 Cityof Denton City Hall 215 E. McKinney St. Denton,Texas 76201 www.cityofdenton.com DENTON Meeting Agenda City Council Tuesday,June 4,2019 1:00 PM Work Session Room&Council Chambers WORK SESSION BEGINS AT 1:00 P.M.IN THE WORK SESSION ROOM REGULAR MEETING BEGINS AT 6:30 P.M.IN THE COUNCIL CHAMBERS After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, June 4, 2019, at 1:00 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 this agenda. 3. Work Session Reports A. ID 19-1192 Receive a report, hold a discussion and give staff direction regarding the Water Fiscal Year 2019-20 Operating and Capital Budget. B. ID 19-1193 Receive a report, hold a discussion and give staff direction regarding the Wastewater and Drainage Fiscal Year 2019-20 Operating and Capital Budget. C. ID 19-1194 Receive a report, hold a discussion and give staff direction regarding the Customer Service Fiscal Year 2019-20 Operating Budget. D. ID 19-1202 Receive a report, hold a discussion, and provide staff direction regarding the fee charged to commercial accounts when utilizing the online and phone payment channel. E. ID 19-1205 Receive a report, hold a discussion, and give staff direction regarding an internal audit of the Police Property Room. 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 512412019 88 City Council Meeting Agenda June 4, 2019 REGULAR MEETING OF THE CITY OF DENTON CITY COUNCIL AT 6:30 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, 215 E. MCKINNEY STREET, DENTON, TEXAS AT WHICH THE FOLLOWING ITEMS WILL BE CONSIDERED: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag—I pledge allegiance to thee, Texas, one state under God,one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. ID 19-1090 Resolution of Appreciation for Tim Fisher. 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public. This section of the agenda permits any person who has registered in advance to make a citizen report regarding a public business item he or she wishes to be considered by the City Council. This is limited to no more than four (4) speakers per meeting with each speaker allowed a maximum of four (4) minutes to present their report. At the conclusion of each report, the City Council may pose questions to the speaker or may engage in discussion. If the City Council believes that a speaker's report requires a more detailed review, the City Council will give the City Manager or City Staff direction to place the item on a future work session or regular meeting agenda and advise staff as to the background materials to be desired at such meeting. C. Additional Citizen Reports - This section of the agenda, which is also known as the "open microphone" section, permits any person who is not registered for a citizen report to make comments about public business items not listed on the agenda. This section is limited to two open microphone speakers per meeting with each speaker allowed a maximum of four (4) minutes. Such person(s) must file a "Blue Card" requesting to speak during this period,prior to the calling of this agenda item. During open microphone reports under this section of the agenda, the Council may listen to citizens speak. However, because notice of the subject of the open microphone report has not been provided to the public in advance, the Texas Open Meetings Act limits any deliberation or decision by the Council to: a proposal to place the item on a future agenda; a statement of factual policy; or a recitation of existing policy. Council Members may not ask the open microphone speakers questions or discuss the items presented during open microphone reports. NOTE: If audio/visual aids during presentations to Council are needed, they must be submitted to the City Secretary 24 hours prior to the meeting. 4. CONSENT AGENDA Each of these items is recommended by 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 — M). This listing is provided on the Consent Agenda to allow Council Members Page 2 Printed on 512412019 89 City Council Meeting Agenda June 4,2019 to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent Agenda Items 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 19-1041 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas, and Denton Music and Arts Collaborative to enable them to continue its programs that support and encourage the creative arts in the city; authorizing the expenditure of funds; and providing for an effective date. ($500) B. ID 19-1123 Consider adoption of an ordinance of the City of Denton prohibiting on-street parking along the south side of West Hickory Street from Avenue B to Welch Street; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton, and providing for an effective date. C. ID 19-1124 Consider adoption of an ordinance of the City of Denton to convert the traffic pattern on Avenue A (from West Hickory Street southward to Mulberry Street) and on Mulberry Street (from Avenue A eastward to Welch Street) from two-way to one-way traffic flow whereby Avenue A will be northbound one-way and Mulberry westbound one-way; providing a repealer clause; providing a savings clause;providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton,and providing for an effective date. D. ID 19-1126 Consider approval of a resolution appointing Frank Pugsley as the City's representative to serve as a member of the Board of Directors of the Upper Trinity Regional Water District; and providing an effective date. The Public Utilities Board recommends approval XX-XX. E. ID 19-1146 Consider adoption of an ordinance by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2019 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, as amended; authorizing the Community Development Manager and Community Development Coordinator to sign release of liens and subordination agreements upon certain conditions; and providing for an effective date. F. ID 19-1156 Consider adoption of an ordinance of the City Council of the City of Denton, Texas, amending Chapter 22"Parks and Recreation" of the Code of Ordinances, City of Denton, Texas by amending Section 22-6"Public Art Committee" to provide that the Public Art Committee shall have the duty to make recommendations to the City Council related to cultural districts; amending Section 22-6 to add the Director of Economic Development as an ex-officio member of the Public Art Committee; and providing an effective date. The Public Art Committee recommends approval 0-0. G. ID 19-1157 Consider adoption of a resolution of the City Council of the City of Denton designating the Original Denton District as a Cultural District; and providing an effective date. The Page 3 Printed on 512412019 90 City Council Meeting Agenda June 4, 2019 Public Art Committee recommends approval(0-0). H. ID 19-1158 Consider adoption of a resolution of the City Council of the City of Denton in support of the Original Denton District seeking state designation as an official cultural district from the Texas Commission on the Arts; and providing an effective date. The Public Art Committee recommends approval(0-0). 1. ID 19-1159 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Ponder Company, Inc., for the Replacement of Resilient Sports Gym Floor at City of Denton's North Lakes Recreation Center; providing for the expenditure of funds therefor; and providing an effective date (IFB 7005 - awarded to Ponder Company, Inc., in the not-to-exceed amount of$100,595.45). J. ID 19-1174 Consider adoption of an ordinance of the City of Denton, approving a City co-sponsorship in an amount not to exceed $18,167 of in-kind services and resources for the Denton Juneteenth Celebration, which will be held on Friday, June 14, 2019, from 6:00 p.m. to 11:30 p.m., and Saturday, June 15, 2019, from 8:00 a.m. to 12:00 a.m., at the Fred Moore Park;and providing an effective date. K. ID 19-1187 Consider adoption of an ordinance of the City of Denton, granting the Denton Juneteenth Celebration Committee a noise exception, pursuant to section 17-20 of the City of Denton Code of Ordinances, for the Denton Juneteenth Celebration, which will be held on Friday, June 14, 2019, from 6:00 p.m. to 11:30 p.m. and Saturday, June 15, 2019, from to 8:00 a.m. to 12:00 a.m. at the Fred Moore Park; granting an increase in sound levels from 70 to 75 dba and a variance in hours of operation for amplified sound levels for an outdoor event; and providing an effective date. L. ID 19-1190 Consider approval of the minutes of May 21,2019. M. ID 19-1203 Consider approval of a resolution nominating one candidate to a slate of nominees for the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 19-1137 Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $47,990,000 in principal amount of "City of Denton General Obligation Bonds, Series 2019"; authorizing the issuance of the Bonds; delegating the authority to certain City officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and procedures relating to said Bonds; enacting other provisions relating to the subject; and providing an effective date. B. ID 19-1138 Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $26,720,000 in principal amount of "City of Denton Certificates of Obligation, Series 2019" for General Government and Technology Services; authorizing the issuance of the Certificates; delegating the authority to certain City officials to execute certain documents relating to the sale of the Certificates; approving and authorizing instruments and procedures relating to said Certificates; enacting other provisions relating to the subject; and providing an effective date. Page 4 Printed on 512412019 91 City Council Meeting Agenda June 4,2019 C. ID 19-1191 Consider nominations/appointments to the City's Boards, Commissions, and Committees: Committee on Persons with Disabilities, Health & Building Standards Commission, Historic Landmark Commission, Special Citizens Bond Advisory Committee, and Zoning Board of Adjustment. 7. PUBLIC HEARINGS A. DCA19-0004 Hold a public hearing and consider adoption of an ordinance regarding a proposed e revision to the Denton Development Code; specifically to amend Subchapter 5 Zoning Districts and Limitations, Subchapter 8, Group Homes, Subchapter 14, Parking Standards, and Subchapter 23, Definitions related to supportive residential uses and treatment facilities; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. The Planning and Zoning Commission recommended approval (6-0). (DCA19-0004, Treatment Centers, Julie Wyatt) B. S19-0009a Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit for a Treatment Facility on approximately 4.4 acres of land, generally located on the east side of North Ruddell Street, approximately 495 feet north of Mingo Road in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability and an effective date. The Planning and Zoning Commission recommended approval with conditions(6-0). (S19-0009,Ruddell Campus,Julie Wyatt) C. Z19-0002b Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a change in the zoning classification from a Downtown Commercial Neighborhood (DC-N) zoning district and use classification to a Downtown Commercial General (DC-G) zoning district and use classification on approximately 0.964 acres of land generally located at the northwest corner of the intersection of W. Mulberry Street and S. Carroll Boulevard in the city of Denton, Denton County, Texas; adopting an amendment to the city's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (Z19-0002b,Denton Bank,Cindy Jackson) D. S19-0007b Hold a public hearing and consider approval of an ordinance of the city of Denton, Texas, approving a specific use permit to allow a drive-through facility in association with a bank on a property generally located in a Downtown Commercial General (DC-G) zoning district and use classification on approximately 0.964 acres and generally located at the northwest corner of the intersection of W. Mulberry Street and S. Carroll Boulevard in the city of Denton, Denton County, Texas; adopting an amendment to the city's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (S19-0007, Denton Bank, Cindy Jackson) E. DCA18-0007 Hold a public hearing and consider approval of an ordinance amending the Denton e Development Code (2002) to: create a new Subchapter 35.25 Denton Square District, establishing The Denton Square District, generally bounded by Cedar Street, Pecan Page 5 Printed on 512412019 92 City Council Meeting Agenda June 4,2019 Street, Austin Street, and Walnut Street, in Denton, Texas, and generally including all properties adjoining those boundary streets, providing for design standards within the boundaries of said Denton Square District; and further amending the recently adopted Denton Development Code (2019) to amend Subchapter 2 Administration and Procedures, and Subchapter 4 Overlay and Historic Districts; and providing for appeals; to provide for severability, penalties in the maximum amount of $2,000.00 for violations thereof, savings, repealer, publication, and an effective date; and further approving the Denton Square District Design Guidelines. (DCA18-0007e, The Denton Square District, Sean Jacobson). 8. 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. B. Possible Continuation of Closed Meeting topics, above posted. 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 AND COUNCIL CHAMBERS ARE 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 6 Printed on 512412019 93 Future Work Session Items 5/24/2019 Meeting Date Currently Slated Work Session Items Acceptance of Sponsorships and Living Wage for City Red Light Camera 3-June Lunch Donations Policy Cultural District Contractors Pilot and Contract Water,Wastewater, Customer Service Commercial Credit Police Property Room 4-Jun Budget Presentation Budget Presentation Card Fees Audit(IA) 11-June (City Council Group Photo at 11:00) Traffic Signalization 11:45 Parks Master and Traffic/Roadway Solid Waste Budget Plan Exercise Day Break Building Technology Presentation Contractor Procurement Council Committee General Fund Budget Options/Facility and Boards& Presentations(4 Project Budget Development Service Commission 18-Jun Presentations) lPlanning 1 Fees Appointments lBoard of Ethics General Fund Budget Presentations(4 Inclement Weather Civic Center Fee 25-Jun Presentations) Municipal Broadband Policy Waivers 15-July Lunch Gas Well Notification Disclosure Gas Well Setback and Distance Study Requirements 2nd Preliminary Budget Discussion/ Manufactured Home Departmental Financial Risk Work Session Strategy Development Services Presentations 16-Jul Disclosure Charity Care Session Certified Mailings including DME Economic Outdoor Music Development Corridor Purchasing Manual Venues and Noise Departmental Budget Plan/Reinvestment 23-Jul Update lAtmos Energy Update lOrdinance Presentations lGrant 1-Aug Budget Workshop 5-Aug Lunch Joint DISD/City Council Luncheon Commercial Food Council&Committee Diversion/Waste 6-Aug Rules of Procedure DCTA Update Reduction Strategies Employee Ethics Procurement Audit 13-Aug Policy Rayzor Ranch PID (IA) Utility Street Cuts(IA) Signage and Design Construction Code 20-Aug Standards lReview lReal Estate Policy Mosley Road Landfill Affordable Housing/ Housing Assistance Scooter Share Blue Zones Right of Way Police Overtime(IA) Joint EDPB Luncheon Ordinance Follow-up Date TBD Group Home Code Sobering Centers Amendment Municipal Rental Inspection Program Mews Streets JUpdate Top priorities from Top Priorities from 3/4 Work Session �4/23 Work Session 94 Construction Projects Report elrY � - - IT Week of May 27-June 2,2019 DENTONFor general inquiries and questions,please contact the Project Management Office at(940)349-7227 DEN It Date of Date of Other Department Updated Information/ Street/Intersection From To Construction Completion Brief Description of Construction Department Letters Communication Contact: Notes CURRENT PROJECTS See Yellow Highlighted for Ma'or Closures Acorn Bend Rd. Field Bend Cule de Sac 5/29/19 6/28/19 Street Panel and Sidewalk Repair Streets 5/14/19 (940)349-7160 New Project (Temporary Lane Closures) Atlas Dr. Redstone Hercules 3/25/19 5/28/19 Water Main Replacement Water 12/17/18 Website&Letters (940)349-7167 (Temporary Lane Closures) Intersection Improvements Bell Ave. Intersection of McKinney 5/28/19 7/5/19 (Northbound right turn lane, Engineering 2/22/19 Website&Letters (940)349-8910 New Project temporary lane closure Mayhill Project Bridge Website& Blagg Rd. Mayhill Geesling 3/18/19 10/31/19 (Road Closure) Engineering Nextdoor (940)208-4318 North of Street Widening Part of Bonnie Brae Ph.I Bonnie Brae St. Roselawn 7/1/17 7/1/19 Engineering 6/14/18 (940)349-8910 Vintage (No Street Closures) Capital Project Part of North South Water Highland Water Main Replacement Website,Nextdoor Main Ph.II Capital Project Park Notification Bonnie Brae St. Willowwood 5/13/19 6/19/19 North South Water Main Ph. II Engineering (940)349-8910 (Bonnie Brae from Roselawn (Street Closure) to 135E);Completion extended from 5/24/19 Daisy Dr. Boxwood Sweet Gum 4/29/19 6/14/19 Concrete Panel Repair Streets 4/15/19 (940)349-7160 (One Way Lane Closure) Dallas Dr. Intersection of Teasley 11/12/18 6/14/19 Turn Lane Upgrade Streets 11/5/18 (940)349-7160 (Temporary Lane Closure) Eagle Drainage Improvements Part of Eagle Dr.Dainage Eagle Dr. Elm Carroll 1/31/19 6/28/19 Engineering (940)268-9726 (Street Closure) Capital Project 95 Date of Date of Other Department Updated Information/ Street/Intersection From To Construction Completion Brief Description of Construction Department Letters Communication Contact: Notes Wastewater and Water Main Northwood Replacement Wastewater Edgewood PI. Crestwood 5/9/19 7/6/19 5/2/19 (940)349-7300 Terrace (Temporary, Intermittent Road and water Closure) Forrestridge Dr. Highview Cr. Highview Cr. 5/20/19 6/7/19 Atmos Utility Relocations Atmos Community (940)293-7039 (Westbound Lane Closure) Meeting Hann St. Locust Austin 5/6/19 6/10/19 Water Line Improvements PWI 4/11/19 (940)268-9726 (Street Closure) Water Main Replacement Completion date extended Hercules Ln. Sherman Stuart 3/25/19 7/26/19 (Temporary Lane Closure) Water 3/4/19 (940)349-7167 from 7/15/19 Heritage Tr. South of Linden 3/28/19 6/18/19 Turn Lane Installation PWI Website (940)268-9842 University (One lane both directions closed) Highland St. Carroll IOOF 5/20/19 7/15/19 Highland Street Fence Parks (940)349-7464 (Intermittent Closures) Highview Ct. Highview Cr. Dead End 4/29/19 6/7/19 Street Reconstruction Streets 4/18/19 (940)349-7160 (Street Closure) Highview Cir. Forrest Ridge Forrest Ridge 5/20/19 6/21/19 Street Reconstruction Streets 5/6/19 (940)349-7160 (Street Closure) Street and Drainage Improvements Part of Magnolia Drainage Hinkle Dr. US 380 Headlee 5/23/19 9/1/19 Magnolia Drainage Ph.II Engineering 11/13/18 (940)349-8910 Capital Project(Hinkle from (Street Closure) University to Windsor and Windsor from Hinkle to Elm) Water Main Replacement Johnson St. E.Collins E.Daugherty 5/29/19 7/3/19 (Temporary Street Closure will open at Water 5/6/10 (940)349-7167 New Project 6:00 pm daily) Street Resurfacing,Curb and Gutter Website,Nextdoor Kendoph Ln. Underwood Willowwood 5/20/19 6/24/19 Streets 5/6/19 (940)349-7160 (Street Closure) Notification Wastewater Main Replacement Website,Nextdoor Streets Repairs to follow Kerley St. Duncan Shady Oaks 4/25/19 8/17/19 (Street Closure) Wastewater Notification1940)349 7300 8/5/19-1/9/20 Kings Row Yellowstone Sherman 5/6/19 6/28/19 Street Reconstruction Streets 12/7/18 (940)349-7160 (Temporary Lane Closure) 96 Date of Date of Other Department Updated Information/ Street/Intersection From To Construction Completion Brief Description of Construction Department Letters Communication Contact: Notes Kings Row Yellowstone Stuart 4/15/19 8/16/19 Street Reconstruction Streets 4/9/19 Website,Nextdoor (940)349-7160 (Temporary Lane Closure) Notification Mayhill Rd. US 380 Edwards 9/1/17 2/1/20 Street Widening Engineering 1/3/18, 1/24/18 Door Hangers (940)208-4318 (Temporary Lane Closures) Storm Drain Installation and E.McKinney St. Grissom S.Fork 3/11/19 7/1/19 Street Widening Engineering 3/7/19 (940)349-8910 (Temporary Lane Closure Street Widening McKinney St. South Fork Grissom 5/29/19 5/31/19 McKinney Street Widening Project Engineering 5/29/10 New Project (Full Closure) Mercedes Rd. Oakwood Willowwood 5/15/19 6/12/19 Street Construction Streets 4/23/19 (940)349-7160 (Street Closure) Myrtle St. Eagle Maple 1/31/19 6/28/19 Eagle Drainage Improvements Engineering 8/21/18 Contacted DCTA (940)349-8910 Part of Eagle Dr.Drainage (Street Closure) Capital Project Neff St. Greenlee Collins 5/15/19 6/12/19 Street Construction Streets 4/23/19 (940)349-7160 (Street Closure) Wastewater and Water Main Edgewood Replacement Wastewater Northwood Terrace Cul de sac 5/9/19 7/6/19 5/2/19 (940)349-7300 Place (Temporary, Intermittent Road and water Closure) Paco Tr. Ruddell Cul d Sidewalk Repaire sac 5/6/19 6/7/19 Streets 4/26/19 (940)349-7167 (Lane Closure) Peak St. Greenlee Fannin 5/15/19 6/12/19 Street Construction Streets 4/23/19 (940)349-7160 (Street Closure) y Y / / / / Valley Gutter Installation ( ) j Pennsylvania Dr. Intersection of Holl hill 5 28 18 6 14 19 Streets 5/15/19 940 349-7160 New Project (Temporary Lane Closures) Sheraton Rd. Sun Valle Hercules 3 25 19 5 24 19 Street Reconstruction Streets Website y / / / / (940)349-7160 (Street Closure) Sherman Dr. MontereyStuart 5 7 19 7 12 19 Wastewater Main Replacement Wastewater Website/ / / / (940)349-7167 (Temporary Lane Closure) Smoketree Tr. Boxwood Plumbago 4/29/19 5/31/19 Concrete Panel Repair Streets 4/16/19 (940)349-7160 (Temporary Lane Closure) 97 Date of Date of Other Department Updated Information/ Street/Intersection From To Construction Completion Brief Description of Construction Department Letters Communication Contact: Notes Street Reconstruction CM Nextdoor Stuart Rd. Long Keystone 1/30/19 6/30/19 (Street Closure) Construction Notification (940)231-9963 Teal Dr. Poinsettia Cyrus 5/28/19 6/14/19 Sidewalk Repair Streets 5/14/19 (940)349-7160 New Project (Temporary Lane Closure) 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) 98 Date of Date of Other Department Updated Information/ Street/Intersection From To Construction Completion Brief Description of Construction Department Letters Communication Contact: Notes COMPLETED PROJECTS Crestwood PI. Greenwood Kayewood 4/1/19 4/30/19 Street Resurfacing,Curb and Gutter Streets 3/21/19 (940)349-7160 (Street Closure) Crestwood PI. Liveoak Edgewood 4/1/19 5/7/19 Street Resurfacing,Curb and Gutter Streets 3/21/19 (940)349-7160 (Street Closure) Crestoak PI. Liveoak Oakridge 4/1/19 5/7/19 Street Resurfacing,Curb and Gutter Streets 3/21/19 (940)349-7160 (Street Closure) Hickory St. Industrial Bell 5/7/19 5/8/19 Private Construction Engineering (940)349-8910 (Street Closure) Wastewater Main Replacement Website,Nextdoor Kings Row Calvert Dunes 4/4/19 5/8/19 (Temporary Road Closure) Wastewater Notification (940)349 7300 Michial St. McCormick Knight 5/6/19 5/16/19 Street Construction Streets 4/23/19 (940)349-7160 (Street Closure) Waterline Improvements Website, Morse St. Intersection of Mayhill 4/18/19 5/16/19 (Intersection Closure) PWI Businesses&DCTA (940)208-4318 Contacted Curb Repairs Website, North Texas Blvd. Chestnut Stella 4/29/19 5/15/19 Streets Businesses&DCTA (940)349-7160 (Temporary Lane Closure) Contacted Nottingham Dr. Kings Row Stratford 4/4/19 5/8/19 Wastewater Main Replacement Wastewater Website,Nextdoor (940)349-7300 (Temporary Road Closure) Notification Oakridge St. Edgewood Crestoak 4/1/19 5/7/19 Street Resurfacing,Curb and Gutter Streets 3/21/19 (940)349-7167 (Street Closure) FM 2181 Road Widening Nextdoor Ranchman Blvd. Intersection of FM 2181 1/4/19 5/16/19 (Road Closure on Ranchman to the TxDOT Notification, (940)349-8910 east and west of FM 2181) Electronic Signs Nextdoor San Felipe Dr. Willowick Chimney Rock 4/15/19 4/25/19 Sidewalk Repair Streets Website, (940)349-7160 (Temporary Lane Closure) Notification Atmos Utility Relocations Nextdoor Scripture St. Ector Gober 2/4/19 5/1/19 (Westbound Lane Closure,Intersection Atmos Notification (940)205-9821 at Hillcrest Closed) Sheraton PI. Sheraton Buckingham 3/18/19 5/10/19 Street Reconstruction Streets 3/11/19 (940)349-7160 (Street Closure) 99 Date of Date of Other Department Updated Information/ Street/Intersection From To Construction Completion Brief Description of Construction Department Letters Communication Contact: Notes Railroad 5/1/19 5/3/19 Railroad Crossing Rehabilitation Sycamore St. At Engineering Email Notifications (940)349-8910 Crossing (Street Closure) University Dr. 1200'West 1200'East 4/30/19 5/3/19 Railroad Crossing Rehabilitation Engineering Email Notifications (940)208-4318 (Temporary Road Closure) Yellowstone PI. Kings Row Monterey 1/28/19 5/20/19 Street Reconstruction Streets 1/23/19 (940)349-7160 (Temproary Block Closures) 100 Date of Date of Other Department Updated Information/ Street/Intersection From To Construction Completion Brief Description of Construction Department Letters Communication Contact: Notes UPCOMING PROJECTS Bonnie Brae St. University Linden 6/3/19 6/14/19 Private Development Engineering (940)349-8910 (Temporary Lane Closure) Roundabout Part of Bonnie Brae Ph.IV Bonnie Brae St. Intersection of Scripture 6/11/19 8/3/19 Bonnie Brae Ph.IV Engineering (940)349-8910 Capital Project(135E to (Intersection Closure) Scripture) City of TxDOT Project-currently on FM 2181 Denton/Corinth Lillian Miller TBD TBD Street Widening TxDOT (940)-387-1414 hold City limits Hickory Creek Rd. Teasley Riverpass TBD TBD Street Widening Engineering 11/26/18 (940)349-8910 (Temporary Lane Closures) Hickory St. Ave B Welch 6/3/19 10/1/19 Street Reconstruction Streets (940)349-7160 (Street Closure) Hickory St. Intersection of Fry 6/3/19 6/18/19 Wastewater Main ReplacementWastewater (940)349-7300 (Street Closure) Intersection Brightwood Valley Gutter Installation Longfellow Ln. 6/3/19 6/21/19 Streets 5/15/19 (940)349-7160 of Terrace (Temporary Lane Closures) y / / Storm Drain Inlet and Repave g g / / ( ) Start date extended from Mills Rd. Intersection of Ma hill 6 3 19 8/1/19 Enineerin 5 15 19 940 208-4318 (Full Closure) 5/28/19 Massey St. Hwy 377 200'West TBD TBD Street Boring TxDot Email Notifications (940)387-1414 (Street Closure) Water Main Replacement,Street Water Mistywood Ln. Rockwood Jamestown 7/17/19 11/11/19 Repairs Water 12/17/18 (940)349-7167 (Intermittent Street Closure) Street Resurfacing,Curb and Gutter Panhandle St. Carroll Bolivar TBD TBD Streets 4/9/18 Door Hangers (940)349-7160 (Temporary Lane Closures) PEC 4-Engineering Installing Underground Box Culvert Engineering 11/13/18 (940)349-8910 Drainage and Roadway Construction Roselawn Dr. Bonnie Brae Kansas City Southern RR TBD TBD (Bonnie Brae Phase 1 Engineering N/A (940)349-8910 One Lane traffic control) 101 Date of Date of Other Department Updated Information/ Street/Intersection From To Construction Completion Brief Description of Construction Department Letters Communication Contact: Notes Rockwood Ln. Royal Mistywood 10/28/19 TBD Street Repairs Streets 11/23/18 Door Hangers (940)349-7160 (Road Closure) Royal Ln. Royal Rockwood 10/28/19 TBD Street Reconstruction Streets 11/23/18 (940)349-7160 (Road Closure) Shady Oaks Dr. Teasley Woodrow TBD TBD Base Repairs Streets Electronic Signs Meet with business (940)349-7160 (Temporary Lane Closure) owners 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 10/1/19 10/1/21 Street Widening Engineering (940)349-8910 (Bonnie Brae Phase 2) 102