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HomeMy WebLinkAboutMay 04, 2010 AgendaAGENDA CITY OF DENTON CITY COUNCIL May 4, 2010 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, May 4, 2010 at 4:30 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. Requests for clarification of agenda items listed on the agenda for May 4, 2010. 2. Receive a report, hold a discussion and give staff direction regarding naming the park property located at 6100 Sun Ray Drive, SPC Ernest W. Dallas, Jr. Veterans Memorial Park, and declaring an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. 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, as set forth below. CLOSED MEETING 1. Closed Meeting: A. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition of a fee simple tract, and temporary construction easement tract for Magnolia Drainage Improvements, the limits of which being a detention pond to be located North of the Mckenna Park Congregation of the Jehovah's Witnesses church facilities on Windsor Drive, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the Denton City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. B. Consultation with Attorneys - Under Texas Government Code, Section 551.071. 1. Consultation, discussion, deliberation, and receipt of information from the city's attorneys involving legal matters relating to possible annexations of City of Denton City Council Agenda May 4, 2010 Page 2 property into the City of Denton where public discussion of these legal matters would clearly conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SE Q. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. 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: REGULAR MEETING 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. Proclamations/Awards I. Motorcycle Safety & Awareness Month Proclamation 2. National Day of Prayer Proclamation 3. Presentation of Post Card History Series: Denton County book by Georgia Caraway and Kim Cupit with Denton County Museums. 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - P). This listing is provided on the Consent Agenda to City of Denton City Council Agenda May 4, 2010 Page 3 allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - P below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a first amendment to a Professional Services Agreement with R. J. Covington Consulting, LLC, Austin, Texas for further consulting services relating to Task Orders No. 10-D, 10-E, 10- F and 10-G, by approving further Task Orders No. 10-D, 10-E, 10-F and 10-G, regarding providing professional consulting and engineering services supporting Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (File 4486-Task Orders No. 10-D, 10-E, 10-F and 10- G for an additional amount of not-to-exceed $98,000-being an additional sum to the original Professional Services Agreement in the sum of $67,000; and when totaled with related Task Orders No. 10-A, 10-B, and 10-C a total not-to-exceed amount of $165,000). The Public Utilities Board recommends approval (5-0). B. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Leak Detection Survey Work on water transmission pipelines for the City of Denton Water Department which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding, and providing an effective date (File 4503-Purchase of Leak Detection Survey Work awarded to Pressure Pipe Inspection Company in an amount not to exceed $315,000). The Public Utilities Board recommends approval (4-0). C. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Chris and Cynthia Savino from the Downtown Incentive Grant Program not to exceed $7,935; and providing for an effective date. The Economic Development Partnership Board recommends approval (6-0). D. Consider a request for an exception to the Noise Ordinance for amplified sound on each Sunday in the month of July for the purpose of the Apollo Time and the Music Time events. Apollo Time and Music Time events are scheduled for the following Sundays: July 4, from 5:00 p.m. until 11:00 p.m., July 11, July 18, and July 25, 2010, from 5:00 p.m. until 10:00 p.m. The events will be held in Fred Moore Park. There is not a request for an increase in the level of decibels. Staff recommends approval of the request for amplified sound on each Sunday in the month of July. E. Consider adoption of an ordinance of the City of Denton authorizing and ratifying an agreement between the City of Denton, Texas and the Denton Parks Foundation to assist with the costs of entertainment, decorations, promotions, and/or children's activities for the 2010 Cinco de Mayo Celebration; providing for the expenditure of funds therefore; and providing for an effective date. ($600) City of Denton City Council Agenda May 4, 2010 Page 4 F. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Solid Waste Reserve Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $4,256,000 to allow the Solid Waste Department to purchase and acquire refuse and recycling equipment in order to continue providing solid waste refuse and recycling collection operations; and providing an effective date. The Public Utilities Board recommends approval (4-0). G. Consider approval of a resolution by the City Council of the City of Denton relating to the issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and the use of the proceeds of such bonds; recognizing that the City has no financial obligation to pay any principal or interest on the bonds, and making certain findings in connection therewith; and providing an effective date. H. Consider adoption of an ordinance of the City of Denton, Texas, naming the park property located at 6100 Sun Ray Drive, SPC Ernest W. Dallas, Jr. Veterans Memorial Park, and declaring an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). L Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a Real Estate Contract of Sale between the City of Denton and McKenna Park Congregation of Jehovah's Witnesses, and any other documents necessary to acquire an approximate 3.779 acres of land located in the Thomas Toby Survey, Abstract Number 1288, Denton County Texas, and being a portion of Lot 1, Block 1 of Lake Cities Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet N, Page 320, Plat Records, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. The Public Utility Board recommends approval (4-0). J. Consider approval of a resolution of the City Council of the City of Denton, Texas authorizing the filing of a project application with the North Central Texas Council of Governments for a Regional Solid Waste Program - Local Implementation Project, Construction and Demolition Equipment in the amount of $98,000; delegating and authorizing the City Manager, or his designee, to act on behalf of the city in all other matters that are related to this project application, pledging that if funding for this project is received, the City of Denton, Texas will comply with all project requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas; and providing for an effective date. The Public Utility Board recommends approval (4-0). K. Consider approval of a resolution of the City Council of the City of Denton, Texas authorizing the filing of a project application with the North Central Texas Council of Governments for a Regional Solid Waste Program - Local Implementation Project - Recycling and Litter Reduction for $68,000 in the Public Areas of Downtown from the Denton County Courthouse to the new light City of Denton City Council Agenda May 4, 2010 Page 5 rail train station; delegating and authorizing the City Manager, or his designee, to act on behalf of the city in all other matters that are related to this project application, pledging that if funding for this project is received, the City of Denton, Texas will comply with all project requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas; and providing an effective date. The Public Utility Board recommends approval (4-0). L. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute a Non-disturbance and Accommodation agreement between the City of Denton, Texas, Rayzor Hillview, L.P., Denton Hillview, L.P., Rayzor Investments, LTD., Range Texas Production, LLC, and Range Production Company regarding lands located in the B.B.B. and C.R.R. Company Survey, Abstract Number 192, Denton County, Texas, and being Lot 1, Block 2 of Rayzor Ranch South, according to the conveyance plat thereof recorded in Cabinet Y, Pages 470-478, Plat Records of Denton County, Texas and adjoining Electric, Communication, Roadway, Access and Utility Easement; and providing an effective date. The Public Utility Board recommends approval (4-0). M. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during a House Concert hosted by Cassandra Fuhrmann. The House Concert will be located at 616 Woodland Street on Sunday May 23, 2010, beginning at 5:00 p.m. and concluding at 8:00 p.m. This request is for an increase in decibels from 65 to 69 and for amplified sound on Sunday. Staff recommends approving the noise exception request. N. Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 28 of the Code of Ordinances to adopt the 2009 International Energy Conservation Code, as published by the International Code Council, and to establish local amendments thereto; establishing a penalty of a fine not to exceed $2,000.00 for violations thereto; providing for severability; repealing all ordinances in conflict herewith; and providing an effective date. 0. Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2010 2014 Consolidated Plan for Housing and Community Development including the 2010 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; and providing for an effective date. P. Consider approval of the minutes of April 5, 2010 and April 6, 2010. 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, designating the property located at 322 Texas Street, legally known as Lot 4, Block 1 of Industrial School Addition, as a Historic Landmark City of Denton City Council Agenda May 4, 2010 Page 6 under Section 35.7.6 of the Denton Development Code (HL10-0002). The Historic Landmark Commission recommends approval (5-0). The Planning and Zoning Commission recommends approval (6-0). B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 2 (NR-2) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, and superseding and repealing ordinance Nos. 87-113, 87-154, and Specific Use Permit 5-193, along with any special exceptions or legally nonconforming use status created as a consequence of the zoning classification change in 2002, for approximately 5.2 acres of land located at 4000 W. University Drive, legally described as Ranch Estates, Block E (SW Corner), and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z09-0011). The Planning and Zoning Commission recommends approval (4-2). C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from Neighborhood Residential 2, (NR-2) zoning classification and use designation and Neighborhood Residential 4, (NR-4) zoning classification and use designation to Rural Residential, (RD-5) zoning classification and use designation on 4035 acres, located on the east side of F.M. 428, approximately 659 feet north of Long Road, and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z 10-0003). The Planning and Zoning Commission recommends approval (6-0). D. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for an amendment of the Detailed Plan associated with State School Planned Development (PD-12, I-35/State School) to allow a 1,799 square foot addition to an existing 11,144 square foot office building on approximately 5.491 acres generally located on the south side of Interstate 35 East, north of the city of Corinth; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date (Z10-0001). The Planning and Zoning Commission recommends approval (7-0). 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Conduct the second of two (2) readings to consider the adoption of fifteen (15) ordinances under the involuntary annexation procedures for areas exempted from the municipal annexation plan; the Service Plan; and Non-Annexation Development Agreements for qualified parcels within approximately 7,480 acres, located in the City's Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation is in multiple ownerships, and consists of fifteen (15) distinct areas, as presented in Exhibit 1. The 15 areas are identified and generally located as follows: 1. PAA1: 1,171 acres, located on the south side of Jim Christal Road; north side of Tom Cole Road; west of Masch Branch Road; City of Denton City Council Agenda May 4, 2010 Page 7 2. PAA2 South: 1,472 acres, located on the south side of FM 1173; north of W. University Drive; west of I-35; 3. PAA3: 1,075 acres, located on the South side of Ganzer Road; north and south of Barthold Road; north of FM 1173; west of I-35; 4. PAA4: 1,555 acres, located on the south side of Milam Road; north of Loop 288; east of I-35; 5. DH-1: 315 acres, located east of H. Lively Road; south side of FM 2449; west side of John Paine Road; 6. DH-2: 258 acres, located on the south side of University Drive; west and east sides of Thomas J. Egan Road; north of Jim Christal Road; west of Masch Branch Road; 7. DH-3: 421 acres, located on the south side of Spring Side Road; north, south and west of Corbin Road; west of I-35; 8. DH-4: 347 acres, located on the east side of Bonnie Brae Street; west of Fort Worth Drive; east and west of Vintage Boulevard; 9. DH-5: 307.11 acres, located on the east side of Fort Worth Drive; west side of Country Club Drive; north of Bush Creek Road; 10. DH-6: 9 acres, located on the east side of Teasley Lane; north of Hickory Creek Road; west of Lipizzan Court; 11. DH-8: 29 acres, located west of Old Edwards Road; north and south of Edwards Road; 12. DH-10: 87 acres, located south of East McKinney Street; east and west of Lakey Circle; 13. DH-11: 388 acres, located southeast of the intersection of Mayhill Road and McKinney Street; 14. DH-13: 16 acres; located on the West of the intersection of N. Locust Street and Bobcat Road; south of Chaparral Road; and 15. DH-14: 30 acres, located on the South side of Robinson Road; east of Teasley Lane. B. Consider nominations/appointments to the following Boards and Commissions: 1. Parks, Recreation and Beautification Board C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a. Eli Gemini regarding corruption and cover-ups within the City of Denton. b. Larry Simmons regarding a variance on the vendor fee. C. Willie Hudspeth regarding concerns of Southeast Denton. d. Lanisha Hudspeth regarding concerns of Southeast Denton. e. Jordan Hudspeth regarding concerns of Southeast Denton. f. Hagar Hudspeth regarding concerns of Southeast Denton. g. Kathleen Wazny regarding City of Denton gas well ordinance. D. 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 City of Denton City Council Agenda May 4, 2010 Page 8 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. E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. 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 2010 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY- TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Receive a report, hold a discussion and give staff direction regarding naming the park property located at 6100 Sun Ray Drive, SPC Ernest W. Dallas, Jr. Veterans Memorial Park, and declaring an effective date. (Parks, Recreation and Beautification Board recommend approval 6-0.) BACKGROUND A Park Naming Request was submitted for the naming of a park or sport field in honor of United States Army Specialist Ernest W. Dallas, Jr. who lost his life in Iraq on July 24, 2005. A committee was formed by the Parks, Recreation and Beautification Board to research the request and make recommendation to the Board in early 2010. A meeting for public comment was held on April 5, 2010. PRIOR ACTION/REVIEW (Council, Boards or Commission) The initial report of the committee rejected the request, and the Board voted 6-0 on March 1, 2010 to reject the request. A public comment meeting should have been held prior to the vote, so the meeting was scheduled and held before the regularly scheduled Park Board meeting on April 5, 2010. The Board voted to rescind the previous vote and during the second vote the request passed with a vote of 6-0. RECOMMENDATION Staff recommends approving the request and naming the park property located at 6100 Sun Ray Drive, Denton, TX as Specialist Ernest W. Dallas, Jr. Veterans Memorial Park. F,XHIRITS 1. Park Naming Request 2. Parks, Recreation and Beautification Board Meeting Minutes April 5, 2010 3 . Ordinance Respectfully submitted: m- 0W Emerson Vorel, Director Parks and Recreation Department CITY M'DENTON NANIF N 0 N1 I N ATION FO R N1 Nai nine, Of E_e.IMIllill- of Parks, City Facilkics or ` pcCific .Facilitics 0) Reco.gi irc- an hidivi€luall C)r> gmizadon or 0(het Entity Pl_e am- (VI)e or prilit Clearly ill ixrlc 9alA ~-~~tin'li to: G 1 @T )Civ~ sS 'n R",-it""a-1l'1 'jml-,l of PlICd, oll 11_;(_1 CO, 0i-y' Kill (""('W 0" i.!ii?C'f"f'17C 1. Date ( Sub1-111Ha11. - Indi',.'lt'U ll or Ogyalll :ltlo-,n t1.1)IlliftlI ' I ICFllllllai11:11'. A lz1.Ilc i;` It'. !?IrsllBtlll'l` OfN,-)nnll7te of l)l-all,'z(alt- n RcPIes""n(at1Ve': r) 5,) I l 1 . on~lill~e (C:h_- c"~k a~~.~.- Ilu 1%7 ill aial v 1`~I V1,; Nomjn:1it:il VII. 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DRAFT Parks, Recreation and Beautification Board Minutes April 5, 2010 Civic Center Community Room Members present: Carol Brantley, Vicki Byrd, Derrick Murray, Janet Shelton, Mike Simmons, Jennifer Wages Members absent: None Staff present: Emerson Vorel, Bob Tickner, Janie McLeod, Jim Mays, Amanda Green, and Lindsey Baker, City Manager's Office WORK SESSION 1. Derrick Murray, vice chairperson, called the Special Called meeting to order at 6:03 p.m. Thirteen people filled out a Request to Address an Agenda Item card. Those addressing the Park Board were all in support of naming the park in the Preserve at Pecan Creek after United States Anny Specialist Ernest W. Dallas, Jr., Denton's first casualty in the Iraq war. A representative of the neighborhood was also in support of the park naming proposal. A prior effort by some in the group was to get Dallas Drive renamed in honor of Army Spc. Dallas. Lindsey Baker, assistant to the city manager, explained that Dallas Drive is a state highway and city leaders are waiting on the Legislature to act. After the last person spoke, the Board convened for its regular meeting at 7:00 p.m. REGULAR MEETING 1. CALL TO ORDER - After the call to order, it was moved that a change in the agenda be entertained to allow for the Action Item 4. A., regarding the park property, naming, to be moved to the first item so that those staying after the Special Called meeting would be aware of anv action taken in conjunction with the item to name a park property after Spc. Dallas. It was moved by Simmons that the agenda be so revised, Shelton seconded the motion and the agenda was revised. 4. ACTION ITEMS: c) Receive a report, hold discussion and provide staff direction regarding naming of a park property, located at 6100 Sun Ray Drive, Denton, Texas, after United States Army Specialist Ernest W. Dallas, Jr., an Iraq war casualty and take appropriate action. - Following the special called meeting and the public comments, the Board wanted to set aside the motion made at the March 1, 2010 meeting and take a new vote. Several Board members apologized to those that saw their first vote as a sign of disrespect. Their intent was to honor Spc. Dallas in some sway, but they wanted the city to explore other options to honor him. MOTION: Simmons made a motion to recommend that the request to name the park property, at 6100 Sun Ray Drive Specialist Ernie Dallas, Jr. Veterans Memorial Park be accepted and presented to City Council for their approval. Wages seconded the motion and it carried with a vote of 6-0. Due to previous commitments, Mr. Simmons excused himself for the rest of this meeting after this vote and the Board took a recess. The meeting resumed at 7:25 p.m. 2. APPROVAL OF MINUTES OF March 1, 2010 MEETING: Murray asked the Board to review last month's minutes for changes. Hearing none, Shelton made a motion that the minutes would stand as written, Brantley seconded the motion and it carried with a vote of 5-0. 3. AWARDS AND RECOGNITIONS: - This item was tabled until the honoree could be in attendance. 4. ACTION ITEMS: a) Sale of Alcoholic Beverages at Cinco de Mayo - This is the annual request for the sale of alcoholic beverages at the Cinco de Ma-yo Celebration in Quakertown Park. This year the committee selected La Mexicana Restaurant who will be responsible for obtaining all necessary, permits, licenses and rental of booth space. MOTION: Murray asked for a motion recommending that La Mexicana Restaurant be the sole participant allowed to sell alcoholic beverages at Cinco de Mayo Celebration on May 1, 2010. Shelton made the motion to approve the recommendation, Wages seconded and the motion carried with a vote of 5-0. b) Sale of Alcoholic Beverages at Arts and Jazz Festival -This request by the Denton Festival Foundation to allow ProFest, Inc. to sell alcoholic beverages at the Denton Arts and Jazz Festival, is being made for three consecutive vears, as was done in 2007. Pro-Fest, Inc., made up of members of the Denton Festival Foundation, will be responsible for all necessary permits, licenses and rental of booth space. Byrd asked if other vendors needed to be able to compete for this event. It was explained to her that this event is organized by the Denton Festival Foundation, not the Citv so bids are not required. MOTION: Murray asked for a motion recommending Pro-Fest, hlc. to be the sole proprietor allowed to sell alcoholic beverages at the Denton Arts and Jazz Festival for three consecutive years, starting April 23- 25, 2010 and ending April 27-29, 2012. Shelton made the motion to recommend, Wages seconded and the motion passed with a vote of 5-0. 5. OTHER BUSINESS: A. Parks Department Projects Status Report No comments on this report. B. Keep Denton Beautiful Update Great American Cleanup - Shelton asked what attributed to the increase in volunteers for this year's events. It was pointed out that the new staff is very aggressive in getting their events promoted to the community. C. Public Art Committee Meeting Minutes Draft -February 13, 2010 Vorel commented that the new black and white photos for City Hall East will be hung in the very near future. With no further items on the agenda, Murray adjourned the meeting at 7:35 p.m. r scour documentslordinanccs1101ordinance to name park at 6100 sun ray drafter spc ernest w dallas jr.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, NAMING THE PARK PROPERTY LOCATED AT 6100 SUN RAY DRIVE, SPC ERNEST W. DALLAS JR. VETERANS MEMORIAL PARK, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton desires to name the park property at 6100 Sun Ray Drive in honor of SPC Ernest W. Dallas Jr., in accordance with the Park and Facilities Naming Policy; and WHEREAS, the chairperson for the Parks and Recreation Board appointed a committee to develop a recommendation for naming the park property at 6100 Sun Ray Drive; and WHEREAS, after receiving the required public comment, the naming committee proposed that the park property at 6100 Sun Ray Drive be named the "SPC Ernest W. Dallas Jr. Veterans Memorial Park"; and WHEREAS, the Parks and Recreation Board recommends that the park property at 6100 Sun Ray Drive be named the "SPC Ernest W. Dallas Jr. Veterans Memorial Park"; and WHEREAS, the City Council has determined that the recommendation complies with the policy and guidelines regarding the naming of parks and park facilities and has also determined that it would be proper and fitting to name the park property at 6100 Sun Ray Drive the "SPC Ernest W. Dallas Jr. Veterans Memorial Park"; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The park property located at 6100 Sun Ray Drive shall now and hereafter be known and designated as "SPC Ernest W. Dallas Jr. Veterans Memorial Park". SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: s:lour documentslordinances1101ordinance to name park at 6100 sun ray drafter spc emest w dallas jr.doc APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams 349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a first amendment to a Professional Services Agreement with R. J. Covington Consulting, LLC, Austin, Texas for further consulting services relating to Task Orders No. 10-D, 10-E, 10-F and 10-G, by approving further Task Orders No. 10-D, 10-E, 10-F and 10-G, regarding providing professional consulting and engineering services supporting Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (File 4486-Task Orders Numbers 10-D, 10-E, 10-F and 10-G for an additional amount of not-to-exceed $98,000-being an additional sum to the original Professional Services Agreement in the sum of $67,000; and when totaled with related Task Orders 10-A, 10-B, and10-C for a total not-to-exceed amount of $165,000). The Public Utilities Board recommends approval (5-0). FILE INFORMATION This First Amendment to a Professional Services Agreement with R. J. Covington Consulting, LLC, addresses public power competitive and financial issues including Denton Municipal Electric (DME) cost functionalization, retail electric rate studies, identifying and proposing DME rate forms, and consideration of performing rate studies regarding incentive rate options. A complete description of Task Orders 10-D, 10-E, 10-F, and 10-G is included in the attached Public Utilities Board agenda information sheet (Exhibit 1). PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was approved by the Public Utilities Board on April 12, 2010. The original Professional Services Agreement for Task Orders No. 10-A, 10-B, and 10-C in the amount of $67,000 was approved by the City Manager on February 12, 2010. RECOMMENDATION Approve the First Amendment to a Professional Services Agreement with R. J. Covington Consulting, LLC, in the amount of $98,000 for a total contract amount not to exceed $165,000. Agenda Information Sheet May 4, 2010 Page 2 PRINCIPAL PLACE OF BUSINESS R.J. Covington Consulting, LLC Austin, TX ESTIMATED SCHEDULE OF PROJECT The First Amendment to the Professional Services Agreement shall terminate upon completion of the work described in the Task Orders; or upon the depletion and exhaustion of the $98,000 not-to-exceed total. FISCAL INFORMATION This project will be funded from account 600001.7854. The Task Orders referenced in the First Amendment will be added to Purchase Order 148082. F,XHIRITS Exhibit 1: Public Utilities Board Agenda Information Sheet Without Exhibits Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4486 First Amendment Exhibit 1 PUBLIC UTILITIES BOARD AGENDA ITEM #2 AGENDA INFORMATION SHEET AGENDA DATE: April 12, 2010 DEPARTMENT: Denton Municipal Electric(DME) UTILITIES ACM: Howard Martin, 349-8232' 4" SITRJF,CT: Receive a presentation from Staff regarding public power competitive and financial issues including DME cost functionalization, retail electric rate studies, identify and propose Denton Municipal Electric rate forms, and consider performing rate studies regarding incentive rate options; discuss, deliberate and provide Staff with direction regarding these matters BACKGROUND: Denton Municipal Electric (DME) last completed a cost of service study in 2004 and the last base rate increase was January 2005. In order to ensure that DME revenue is recovering full costs, a functionalized cost analysis must be performed to determine the true cost of providing electric service for each rate class. From this data, retail rates can be developed if necessary to meet future goals and objectives. Among the long-term goals is to achieve peak load reductions. RJC will propose new rate forms such as time-of-use rates utilizing data gathered from the smart grid deployment. To work in conjunction with the retail rates, DME is exploring the opportunity to stimulate economic growth of large industrial customers thereby increasing the City's tax base and employment opportunities. RJC will analyze Denton's market and design offerings that will reduce operating costs for qualifying customers. Task Order 10-D Cost Functionalization RJC will develop a FY2009 customer class cost of service study to functionalize system cost data in a manner consistent with the PVC's Transmission Cost of Service (TCOS) guidelines. These functionalized costs will 1) provide preliminary data for determining if a full or interim TCOS filing before the PUC is needed, and 2) provide the detail required for purposes of assigning costs in a retail class cost of service analysis. Task Order 10-E Retail Electric Rate Analysis Based upon the unique factors of DME, RJC will, in cooperation with DME, determine the best approach for meeting the DME's goals and objectives and will ensure that the proposed electric rates consistently further those goals. RJC will then design rates and determine the impact upon DME and its customers. AIS - PUB Agenda Item #2 April 12, 2010 Page 2 of 3 Task Order 10-F Identify and Propose New Rate Forms Design new rate offerings to maximize the potential of innovative smart grid technology. Alternative rates may include time-of-use, standby, demand response and other rate forms that may be advantageous to DME and the customer through peak reductions and load shaping. Task Order 10-G Study Industrial Development Opportunities Design offerings to large industrial customers that will preserve existing strength in the market by reducing operating costs by for those that meet certain performance criteria such as minimum monthly demand and load factor. For all work performed, RJC will keep the DME General Manager or Executive Manager of Power, Legislative & Regulatory Affairs ("Executive Manager") informed of the status of the budget, and work may be stopped at any time by notification from the DME General Manager or the Executive Manager to cease work. OPTIONS: 1. Approval of Professional Services Agreement with RJC for Task D, E, F, and G. 2. Issue a request for proposal for associated tasks. RECOMMENDATION: DME staff recommends approval of the Professional Services Agreement between RJC and the City of Denton for the associated Task Orders. PRIOR ACTION/REVIEW (Council, Boards, Commissions): None DATE SCHEDULED FOR COUNCIL APPROVAL: N/A AIS - PUB Agenda Item #2 April 12, 2010 Page 2 of 3 EXHIBITS: 1. Task Order 10-D Cost Functionalization 2. Task Order 10-E Retail Electric Rate Study 3. Task Order 10-F Identify and Propose New Rate Forms 4. Task Order 10-G Study of Industrial Incentive Rate Options Respectfully submitted, Phil Williams General Manager Denton Municipal Electric Prepared by: William A. Bunselmeyer Key Accounts Executive Denton Municipal Electric ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH R. J. COVINGTON CONSULTING, LLC, AUSTIN, TEXAS FOR FURTHER CONSULTING SERVICES RELATING TO TASK ORDERS NO. 10-D, 10-E, 10-F AND 10-G, BY APPROVING FURTHER TASK ORDERS NO. 10-D, 10-E, 10-F AND 10-G, REGARDING PROVIDING PROFESSIONAL CONSULTING AND ENGINEERING SERVICES SUPPORTING DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (TASK ORDERS NUMBERS 10-D, 10-E, 10-F AND 10-G FOR AN ADDITIONAL AMOUNT OF NOT-TO-EXCEED $98,000 - BEING AN ADDITIONAL SUM TO THE ORIGINAL PROFESSIONAL SERVICES AGREEMENT IN THE SUM OF $67,000; AND WHEN TOTALED WITH RELATED TASK ORDERS 10-A, 10-B, AND 10-C FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $165,000). WHEREAS, the City Council deems it in the public interest to continue to engage the firm of R. J. Covington Consulting, LLC of Austin, Texas ("Covington"), to provide further professional consulting and engineering services to the City relating to Task Orders No. 10-D (cost functionalization - $10,000); 10-E (DME 2010 Rate Review - $52,000; 10-F Identify and Propose New Rate Form - $20,000); and 10-G (Study of Industrial Incentive Rate Options - 16,000) totaling not-to-exceed $98,000; Covington is presently working on Task Orders 10-A, 10-B and 10-C entered into and approved by the delegated authority earlier in 2010 in the amount of $67,000; which engagement totals a not-to-exceed amount of $165,000; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described specialized continued professional services, that limited City staff cannot adequately perform the services and tasks with its own personnel, and that the nexus of Consultant's services is in the City of Austin, Texas; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act," generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and WHEREAS, Covington has represented DME continuously and professionally over the last twelve (12) years, and has proven to be a valuable, reliable, affordable, and competent professional resource that has expertise in, and is well-acquainted with the electric operations as well as the financial and regulatory framework of Denton Municipal Electric. Covington and his staff are particularly familiar with the characteristics, operations, and present rate structure of DME. The Covington firm is employed as a consultant by many electric utilities throughout Texas. Covington's offices are located in Austin, Texas; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the First Amendment to Professional Services Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The City Manager is hereby authorized to execute a First Amendment to Professional Services Agreement with R. J. Covington Consulting, LLC of Austin, Texas, for professional consulting services relating to Task Orders No. 10-D, 10-E, 10-F and 10-G, in the further not-to-exceed amount of $98,000; totaling an aggregate of $165,000 when adding the work to be provided in T.O. 10-A, 10-B and 10-C under the previous Agreement, to the First Amendment to Professional Services Agreement. The First Amended Professional Services Agreement is substantially in the form attached hereto and incorporated herewith by reference, as Exhibit "A." SECTION 2: The award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of Covington and the ability of Covington to perform the professional services needed by the City for a fair and reasonable price. SECTION 3: The further expenditure of funds as provided in the attached First Amendment to Professional Services Agreement is hereby authorized. SECTION 4: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: STATE OF TEXAS § COUNTY OF DENTON § FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES TO BE PROVIDED TO DENTON MUNICIPAL ELECTRIC THIS FIRST AMENDED AGREEMENT (the "Agreement") is made and entered into on the day of May, 2010, by and between the City of Denton, Texas, a Municipal Corporation, with its principal office at 215 East McKinney Street, Denton, Texas 76201 ("CITY"); and R. J. COVINGTON CONSULTING, LLC, a Texas Limited Liability Corporation, with its principal office at 11044 Research Boulevard, Suite A-325, Austin, Texas 78759, hereafter "COVINGTON"; acting herein by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants, promises and agreements herein contained, the CITY and COVINGTON do hereby AGREE as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The CITY hereby further contracts with COVINGTON, as an independent contractor, and COVINGTON hereby agrees to continue to perform the services herein in connection with the Scope of Services as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. ARTICLE H SCOPE OF SERVICES A. In addition to those Tasks set forth in Task Orders 10-A, 10-B and 10-C, COVINGTON shall also provide to the CITY further additional professional consulting services pertaining to assisting Denton Municipal Electric ("DME'% and COVINGTON agrees to perform those services and tasks more particularly and specifically described in Task Orders No. 10-D, 10-E, 10-F and 10-G, which are attached hereto as Exhibits "2," "3," "4" and "5," which are each incorporated herewith by reference. B. To consult with the City Manager, Assistant City Manager/Utilities, the General Manager of DME, the Executive Manager of Power - Legislative and Regulatory Affairs (`Executive Manager"), the Utility Attorney, and any other designated administrative personnel regarding any and all aspects of the services to be performed pursuant to this Agreement. ARTICLE III PERIOD OF SERVICE This Agreement shall become effective upon the date of its approval and upon the issuance of a notice to proceed by Denton Municipal Electric ("DME"). The termination date of this Agreement shall be upon the earliest to occur of the following events: completion of the work 1 of the $98,000 additional not-to-exceed amount provided for by the above-referenced Task Orders 10-D, 10-E, 10-F and 10-G, it being understood that the aggregate not-to-exceed amount of this First Amended Agreement and the previous approved Professional Services Agreement is not-to- exceed $165,000; or upon fifteen (15) day's written notice to terminate, issued by the General Manager of DME. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. COVINGTON shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the CITY, acting through its General Manager of DME, or its Executive Manager. ARTICLE IV COMPENSATION A. COMPENSATION TERMS: "Direct Non-Labor Expense" is defined as that expense, at cost, for any assignment incurred hereunder by COVINGTON for supplies, long-distance telephone, telecopier, reproduction expense, overnight courier, photocopy expense, transportation, travel, communications, subsistence and lodging away from home and similar incidental expenses reasonably incurred in connection with that assignment. B. BILLING AND PAYMENT: 1. For and in consideration of the professional services to be performed by COVINGTON herein, the CITY agrees to pay COVINGTON, a total fee, of not-to-exceed $98,000 including reimbursement for direct non-labor expense regarding Task Orders 10-D, 10-E,. 10-F and 10- G in the individual amounts set forth in the four attached Task Orders. The aggregate not-to- exceed amount is $165,000. 2. The fee for the services described in this Agreement to be performed by COVINGTON are to be billed at the rates previously agreed to. Billing shall be reported in minimum one- quarter (1/4) hour increments. 3. Payments to COVINGTON will be made by the CITY on the basis of detailed monthly statements for each of the four TO's rendered to the CITY through its General Manager of DME, or the Executive Manager. The fee bills as submitted, shall be allowed and approved by the General Manager of DME, or the Executive Manager. However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. 4. Nothing contained in this Article shall require the CITY to pay for any work which is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities, the General Manager of DME, or the Executive Manager; or which is not submitted in compliance with the terms of this Agreement. The City shall not be required to make any payments to COVINGTON when COVINGTON is in default under this Agreement. 5. It is specifically understood and agreed that COVINGTON shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the CITY for any charge, expense or reimbursement above the maximum not-to-exceed fee as stated, without first having obtained written authorization from the CITY. C. PAYMENT If the CITY fails to make payments due COVINGTON for services and expenses within forty (40) days after receipt of COVINGTON'S undisputed statement thereof, the amounts due COVINGTON will be increased by the rate of one percent (1%) per month from the said forty (40th) day, and in addition, COVINGTON may, after giving ten (10) days' written notice to the CITY, suspend services under this Agreement until COVINGTON has been paid in full all amounts due for services, expenses and charges provided. However, nothing herein shall require the CITY to pay the late charge of one percent (1%) set forth herein if the CITY reasonably determines that the work of COVINGTON is unsatisfactory, in accordance with this Article IV, Compensation, and the CITY notifies COVINGTON in writing of any such defect. ARTICLE V OBSERVATION AND REVIEW OF THE WORK COVINGTON will exercise reasonable care and due diligence in discovering and promptly reporting to the CITY any defects or deficiencies in his work or the work of any subconsultants that is performed hereunder. ARTICLE VI OWNERSHIP OF DOCUMENTS All documents, analyses and other data prepared by COVINGTON under this Agreement ("Work Products") are instruments of service and are and shall remain the property of CITY. COVINGTON shall have the right to make and retain copies and use all Work Products; provided, however, the use shall be limited to the intended use for which the services and Work Products are provided under this Agreement. COVINGTON may use and may copyright certain non-sensitive Work Products as property of COVINGTON, but not confidential materials; provided that prior written approval is obtained from CITY, whose approval shall not be unreasonably withheld, and providing that copywriting will not restrict CITY'S right to retain or make copies of the Work Products for its information, reference and use on the Project or services under the Agreement. The Work Products shall not be changed or used for purposes other than those set forth in this Agreement without the prior written approval of COVINGTON. If CITY releases the Work Products to a third-party without COVINGTON'S pl for written consent, or changes or uses the Work Products other than as intended hereunder, CITY does so at its sole risk and discretion and COVINGTON shall not be liable for any claims or damages resulting from or connected with the release or any third party's use of the Work Products. ARTICLE VII INDEPENDENT CONTRACTOR 3 COVINGTON shall provide services to the CITY as an independent contractor, not as an employee of the CITY. COVINGTON shall not have or claim any right arising from employee status. ARTICLE VIII INDEMNITY AGREEMENT COVINGTON shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney's fees incurred by the CITY, and including without limitation, damages for bodily and personal injury, death and property damage, and damage for professional malpractice resulting from the negligent acts or omissions of COVINGTON or any subconsultants, in performance of this Agreement. COVINGTON'S liability under this Article VIII is expressly limited to the amount of COVINGTON'S required minimum insurance coverage as set forth in Article IX. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE IX INSURANCE During the performance of the Services under this Agreement, COVINGTON shall maintain the following insurance, as a minimum, at all times with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an "A-" or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence, and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident; and with property damage limits of not less than $100,000 for each accident. C. Professional Liability Insurance with policy limits of not less than $1,000,000 annual aggregate. D. COVINGTON shall furnish insurance certificates or insurance policies at the CITY's request to evidence such coverage. The insurance policies shall name the CITY as an additional insured on all such policies to the extent legally possible, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days prior written notice to CITY and COVINGTON. In such event, COVINGTON shall, prior to the effective date of the change or cancellation, deliver substitute policies furnishing the same coverage to the CITY. ARTICLE X ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval. ARTICLE XI LIMITATION OF LIABILITY To the extent permitted by law, the total liability of COVINGTON to CITY for any and all claims arising out of this Agreement, whether caused by negligence, errors, omissions, strict liability, breach of contract or contribution, or indemnity claims based on third-party claims, shall not exceed one million dollars ($1,000,000). ARTICLE XII CONSEQUENTIAL DAMAGES In no event and under no circumstances shall COVINGTON be liable to CITY for any interest, loss of anticipated revenues, earnings, profits, or increased expense of operations, or for any consequential, indirect or special damages. ARTICLE XIII PROFESSIONAL STANDARDS COVINGTON will perform services under this Agreement with the degree of skill and diligence normally practiced by professional engineers or consultants performing the same degree of similar services in the State of Texas. No other warranty or guarantee, expressed or implied, is made with respect to the services furnished under this Agreement and all implied warranties are disclaimed. ARTICLE XIV TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by giving thirty (30) days advance written notice of termination to the other party. B. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be effected unless the other party is given: (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance, and not less than ten (10) business days in which to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C. If this Agreement is terminated prior to completion of the services to be provided hereunder, COVINGTON shall immediately cease all services and shall render a final bill for services to the CITY within thirty (30) days after the date of termination. The CITY shall pay COVINGTON for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination in accordance with Article IV, Compensation. Should the CITY subsequently contract with a new consultant for the continuation of services on the Project, COVINGTON shall cooperate in providing information. COVINGTON shall turn over all documents prepared or furnished by COVINGTON pursuant to this Agreement to the CITY on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XV RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the CITY shall not constitute nor be deemed a release of the responsibility and liability of COVINGTON, or any subconsultants of COVINGTON, for the accuracy and competency of their designs or other work product. ARTICLE XVI NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the address shown below, certified mail, return receipt requested unless otherwise specified herein. Mailed notices shall be sent to the parties at the following addresses: To COVINGTON: R.J. Covington Consulting, LLC Attn: Richard J. Covington, President 11044 Research Blvd., Suite A-325 Austin, Texas 78759 To CITY: City of Denton, Texas Attn: City Manager 215 East McKinney Street Denton, Texas 76201 and to City of Denton, Texas Attn: Mike Grim, Executive Manager, DME 1659 Spencer Road Denton, Texas 76205 All notices shall be deemed effective upon receipt by the party to whom such notice is given. ARTICLE XVII ENTIRE AGREEMENT This further Agreement, consisting of ten (10) pages, plus four (4) additional Task Orders, numbers T.O. 10-D, 10-E, 10-F and 10-G (in addition to initial T.O. 10-A, 10-B and 10-C), constitutes the complete and final expression of the agreement of the_parties and is intended as a complete and exclusive statement of the terms of their agreements and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereof. ARTICLE XVIII SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the party shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XIX COMPLIANCE WITH LAWS COVINGTON shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE XX DISCRIMINATION PROHIBITED In performing the services required hereunder, COVINGTON shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XXI PERSONNEL A. COVINGTON represents that he has secured, or will secure at his own expense any additional personnel required to perform all the services required under this Agreement. Such personnel shall be subconsultants of COVINGTON, and shall not be employees or officers of, nor have any contractual relations with the CITY. COVINGTON shall inform the CITY of any conflict of interest or potential conflict of interest that may arise during the terra of this Agreement. B. All services required hereunder will be performed by COVINGTON or under his supervision. All personnel engaged in work shall be qualified and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XXII ASSIGNABILITY COVINGTON shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the CITY. ARTICLE XXIII MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing, duly executed; and, the parties further agree that the provisions of this section will not be waived unless as herein set forth. ARTICLE XXIV MISCELLANEOUS A. The CITY shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. COVINGTON shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, COVINGTON shall also require any and all subcontractors or subconsultants, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the CITY similar access to those documents. All books and records will be made available within a fifty (50) mile radius of the City of Denton, Texas. The cost of the audit will be borne by the CITY unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by COVINGTON which must be payable within five (5) business days of receipt of an invoice from the CITY. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the CITY'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be governed by, and construed in accordance with the laws of the State of Texas. C. COVINGTON shall commence, carry on, and complete the work required by this engagement with all applicable dispatch, in a sound, economical, efficient manner and in accordance with the provisions hereof. In accomplishing the work, COVINGTON shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the CITY, D. The CITY shall assist COVINGTON by placing at COVINGTON's disposal all available information pertinent to the work required by this engagement, including previous reports, 8 any other data relative to the project and arranging for the access to, and make all provisions for COVINGTON to enter in or upon, public and private property as required for COVINGTON to perform services under this Agreement. E. The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terns or conditions of this Agreement. IN WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be executed in four (4) original counterparts, by its duly authorized City Manager; and R.J. Covington Consulting, LLC has executed this Agreement by its duly authorized officer on this the day of May, 2010. "CITY" CITY OF DENTON, TEXAS A Municipal Corporation By: GEORGE C. CAMPBELL, CITY MANAGER ATTEST; JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: U "COVINGTON" R. J. COVINGTON CONSULTING, LLC A Texas Limited Liability Corporation By: KARL N A, PRE ENT ATTEST: By: 10 EXHIBIT 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND R.J. COVINGTON CONSULTING, LLC TASK ORDER NO. DEN 10-D DME 2010 Rate Review (Cost Functionaiization) Work provided for in this Task Order is for R.J. Covington Consulting, LLC ("RJC") to work with Denton Municipal Electric ("DME") staff in functionalizing system costs to the Power Supply, Transmission, and Distribution functions and allocate Common costs in a manner consistent with the Public Utility Commission of Texas ("PUCT") Transmission Cost of Service ("TCOS") guidelines. These functionalized costs will; 1) provide preliminary data for determining if a full or interim TCOS filing before the PUC is needed, and 2) provide the detail required for purposes of assigning costs in the retail class cost of service analysis and segregate those costs appropriately recovered from other utilities for use of DME's transmission system. To prepare the study, RJC will submit a data request to DME for information required, review all data received for consistency, and either directly assign or allocate costs to the Power Supply, Transmission, and Distribution functions. Scope of Services Task A Data Collection and Review 1. RJC will provide DME staff a data request to obtain: a) plant and expense data for FY 2009, b) outstanding revenue bond principal, interest and other bond related expense detail, c) other cash flow information such as General Fund Transfers and Construction Funded by Internally Generated Cash information, and d) allocation factor information such as payroll by fiulction and, if available, vehicle miles driven by function, office space square footage, etc. 2. The data will be reviewed and discussed with staff. The review is necessary to spot check the data to insure that corrections of known past problems in DME FERC reported data were completed and insure that the data ties back to the City's Comprehensive Annual Financial Report ("CAFR"). 3. RJC will review with DME staff new construction projects and financing for those projects since the last TCOS, Docket 30355. Task Order No. DEN 10-D DUE 2010 Rate Review (Cost Functionalization) Task B AWL-n or Allocate Cost to Functions 1. Plant and expense data by will be directly assigned by function where applicable. 2. Allocation factors will be developed from the payroll by function, vehicle miles driven by function, office space square footage, and other data as required. 3. Common costs such as General Plant and Administrative and General Expenses will be allocated to functions. 4. Revenue bond principal, interest and data will be analyzed and assigned to functions. 5. Other cash flow information will be directly assigned to functions. Task C Preliminary Retail Revenue Rcquirement and TCOS review 1. Develop unadjusted retail revenue requirement. 2. Review transmission function revenue requirement with DME staff and determine need to investigate TCOS filing before PUCT. Budget The budget for the above scope of services for labor and expenses is $10,000. The actual costs may vary if significant issues with DME accounting data are encountered, but the budget will not be exceeded without prior approval of the delegated authority of DME. RJC will bill monthly with supporting documentation of activities performed. The work being performed will be under the supervision of the DME Finance and Accounting Manager and may be modified at any time upon appropriate notice to RJC. EXECUTED this day of April, 2010. 2of3 Task Order No, DEN 10-D DUE 2010 Rate Review (Cost Functionalization) AUTHORIZED BY: CITY OF DENTON, TEXAS A Texas Municipal Corporation By: George C, Campbell, City Manager Dated: ACCEPTED BY: RJ, COVINGTON CONSULTING, LLC By: ar1J.Nae a, President Dated: 412111o ATTEST: APPROVED AS TO LEGAL FORM: JENNIFER WAITERS, CITY SECRETARY ANITA BURGESS, CITY ATTORNEY By: By: 4 Dated: Dated: q 1 40-1 1 3of3 EXHIBIT 3 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND R.J. COVINGTON CONSULTING, LLC TASK ORDER NO. DEN IO-E DUE 2010 Rate Review (Retail Electric Rate Study) Work provided for in this Task Order is for R.J. Covington Consulting, LLC ("RJC") to work with Denton Municipal Electric ("DME") staff in developing a retail costing and pricing analysis. The total revenues received fiom electric services should be sufficient to cover the direct costs of providing service and to make a contribution toward the recovery of fixed costs and overhead. For a municipal electric utility such as DME, revenues must also be sufficient to provide for a reasonable contribution toward the General Fund or to otherwise support the general operation of the City of Denton. The DME budget provides the source for determining these costs of providing electric service. The budget identifies the revenues that must be produced by the utility's electric rates. Electric rates should ideally be designed to promote specific goals and objectives of the electric utility. A utility's prices should reflect a careful balancing of often competing objectives, including the need to reflect costs, respond to customer needs and preferences, recognize the unique circumstances of the utility, promote fairness, and meet competition, all while avoiding undue impact upon customers. Based upon the unique factors of DME, RJC will, in cooperation with DME staff, determine the best approach for meeting the system's goals and objectives and will ensure that the proposed rates consistently fiu-ther those goals. RJC will then design rates and determine the impact upon the utility and its customers. Task Order No. DEN I O-E 2010 Rate Review (Retail Electric Rate Study) Scope of Services Task A - Billing Determinant Derivation, Proof of Revenue and Pro-forma Adjustments DME raw billing data will be used to develop cost allocation percentages and the billing determinants to derive retail rates. The raw billing data includes; monthly number of bills, kWh consumption, kW or kVa billing demands where applicable, base rate and ECA revenue. RJC will develop adjustments to test year billing data to annualize sales and revenue to reflect customer growth and normalized weather. Task B - Revenue Requirement Analysis The functionalization analysis addressed in Task Order TODEN10-D will assign FY2009 booked costs such that costs attributed to wholesale transmission customers will be removed from the retail analysis. RJC will define the revenue requirement on the basis of these functionalized FY2009 costs, adjusted for known and measurable changes. RJC will analyze and employ pro-forma adjustments for known and measurable changes in costs to develop an adjusted fiscal year revenue requirement. This adjusted fiscal year revenue requirement will be employed in RJC's class cost of service and rate design efforts. Task C - Class Cost of Service Analysis RTC will prepare and present a class cost-of-service study detailing costs by rate class and cost component (i.e. customer, energy, and demand). The study will employ DME's most current fiscal year booked information and will provide results using data from the most current historical period with adjustments for known or anticipated changes as discussed in Task B - Revenue Requirement .Analysis. Task D- Propose and Design Modifications to Existing Rate Structures RJC will develop reasonable revisions to each of DME's current rate schedules. RJC may also suggest various other rate structures to best capture cost-of-service and market demand differences among individual customers within a class. The rates developed by RJC will be sufficient to fully recover DME's revenue requirement while also remaining competitive with the rates charged by neighboring retail electric service providers. 2 of 4 Task Order No. DEN 1 o-E 2010 Rate Review (Retail Electric Rate Study) Task E Bill Impact and Competitive Assessment RJC will prepare detailed bill impact, price comparisons, and typical bill analyses for each rate schedule. These analyses will compare the present and proposed rates to the rates of other electric providers at varying usage levels and load factors. These price/usage comparisons will be used to assess how competitive DME rates are in relation to neighboring utilities and to determine the impact of the rate proposals upon existing customers. In order to prepare this Competitive Assessment, DME will provide comparable rate information, including power cost recovery, fuel adjustment factors, or other such factors, from other targeted municipal utilities, competitive retailers, and electric cooperatives. Task F - Bill Presentation and Tariff Availability RJC will review, and modify where necessary, each tariff's availability clause to remove any ambiguity regarding tariff application. Where alternative tariffs may apply, restrictions will be identified to eliminate conflicting interpretations. RJC will also review sample bills and, in consultation with DME, recommend consolidation of information or, if appropriate, detailed recognition of charges such a regulatory fees over which DME has no control. Budget The budget for the above scope of services for labor and expenses is $52,000. The actual costs may vary if significant issues with DME raw billing data are encountered, but the budget will not be exceeded without prior approval of the delegated authority of DME. RJC will bill monthly with supporting documentation of activities performed. The work being performed will be under the supervision of the Executive Manager - Power, Legislative & Regulatory Affairs and may be modified at any time upon appropriate notice to R.JC. EXECUTED this day of April, 2010. 3of4 Task Order No. DEN 10-E 2010 Rate Review (Retail Electric Rate Study) AUTHORIZED BY: CITY OF DENTON, TEXAS A Texas Municipal Corporation By: Dated: George C. Campbell, City Manager ACCEPTED BY: R.J. COVINGTON CONSULTING, LLC By: Karl J. NaI President Dated: ~A ATTEST: JENNIFER WALTERS, CITY SECRETARY By: Dated: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: Dated: o~ 0 4of4 EXHIBIT 4 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND R.J. COVINGTON CONSULTING, LLC TASK ORDER NO. DEN I0-F DME 2010 Rate Review (Identify and Propose New Rate Forms) Work provided for in this Task Order is for R.J. Covington Consulting, LLC ("RJC") to work with Denton Municipal Electric ("DME") staff to investigate innovative options to existing rates that will provide incentives to existing DME customers to encourage energy efficiency and to shift usage to off-peak periods. These alternative rates may include Time-of-Day rates, Standby rates, Demand Response rates and other rate forms that may be advantageous for both DME and its customers. It is anticipated that these alternative rate design efforts will be undertaken after the completion of the cost of service and traditional rate design tasks have been completed. Scope of Services Task A - Determine Goals Ident' Target Customers & Equipment Ca abili Working with DME staff, R.IC will determine goals to be achieved by new rate offerings; the ability of DME installed equipment to support the alternative rate design, and the appropriate classes of customers for which to design the rates. Task B - Gather System and Customer Data RJC will analyze individual and rate class data to estimate potential impacts of alternative rates on specific consumer markets. RJC will employ DME specific customer data to the extent practicable and will estimate data when necessary. Any available load research information that is specific to DME's customers and provided by DME will be considered in RJC's consulting efforts. Several innovative rate designs require extensive load data, knowledge of customer's operations, and other information that may not be reasonably available. In such cases, Task Order No. DEN 10-F 2010 Rate Review (Identify and Propose New Rate Forms) RJC will attempt to estimate billing data for those pricing alternatives, DME will provide load data by individual customer and by class when available and will provide alternative data such as wholesale delivery point or substation feeder data for representative customer types as needed to develop reliable load and pricing information. Task C - Present Options to DME RJC will provide a summary of the impact of potential alternative rate design options identified in previous tasks. RJC will also work with DME staff to develop the detailed tariff for selected rates and revise the existing DME tariff to incorporate these rates. Budget The budget for the above scope of services for labor and expenses is $20,000. The actual costs may vary if significant issues with individual customer or system data are encountered, but the budget will not be exceeded without prior approval of the delegated authority of DME. RJC will bill monthly with supporting documentation of activities performed. The work being performed will be under the supervision of the Executive Manager - Power, Legislative & Regulatory Affairs and may be modified at any time upon appropriate notice to RJC. EXECUTED this day of April, 2010. 2of3 Task Order No. DEN 10-F 2010 Rate Review (Identify and Propose New Rate Forms) AUTHORIZED BY: CITY OF DENTON, TEXAS A Texas Municipal Corporation By: George C. Campbell, City Manager Dated: ACCEPTED BY: R.J. COVINGTON CONSULTING, LLC By, V-CwooA'~~ Karl J. Nat a President Dated: ATTEST: APPROVED AS TO LEGAL FORM: JENNIFER WALTERS, CITY SECRETARY ANITA BURGESS, CITY ATTORNEY By: By: ~..f) IN ~ Dated: Dated: U 3 of 3 EXHIBIT 5 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND R.J. COVINGTON CONSULTING, LLC TASK ORDER NO. DEN 10-G Study of Industrial Incentive Rate Options Work provided for in this Task Order is for R.J. Covington Consulting, LLC ("RJC") to work with Denton Municipal Electric ("DME") staff to explore opportunities to increase the customer base of DME in designated industrial park territory and undeveloped land areas by development of new incentive rates for large DME customers. The primary purpose of these incentive rates will be to increase the customer base of DME that would provide incremental jobs to the Denton area as well as incremental additions to the Denton tax base. The addition of new large businesses to Denton will benefit all DME customers as well as the citizenry of the City by increasing the City's tax base and providing a larger customer base over which to spread utility costs. It is anticipated that these industrial incentive rate efforts will be undertaken after the completion of the cost of service and traditional rate design tasks have been completed. Scope of Services Task A - Identi Characteristics of Potential Customers and Define Target Market Working with DME staff, RJC would identify key characteristics of potential customers to provide a framework for defining an enhanced array of utility services to the industrial park and other areas that may represent future revenue sources for both DME and the City. These characteristics may include the size and load factor of the customer, the type of industry the customer operates within, the utility requirements of the customer, the number of potential jobs and the potential increase of taxable revenue base, and whether the customer already receives other benefits from the City, among the potential criteria, Task B - Identify Options for Development of Incentive Rates Review existing DME large customer rates and identify other incentives that will allow for full rate recovery of incremental expenses while offering potential savings for Task Order No, DEN 10-G Study of Industrial Incentive Rate Options incremental load. Also identify ways that DME could offer additional future savings by redesigning supply options. Energy charge rebates and alternative rate options such as Heating and Cooling District discounts may also be evaluated. Emphasis will be placed on options that minimize the reliance on City debt obligations to develop this enhanced utility infrastructure, The potential incremental benefits of identified incentive rates will be quantified and compared to the estimated potential costs of implementation. Task C - Present Options to DME RJC will provide a summary of potential new rates identified in previous tasks, along with potential costs and benefits of implementation. RJC will also work with DME staff to develop the detailed tariff for selected rates and revise the existing DME tariff to incorporate these rates. Budget The budget for the above scope of services for labor and expenses is $16,000. The actual costs may vary if significant issues with individual customer or system data are encountered, but the budget will not be exceeded without prior approval of the delegated authority of DME. RJC will bill monthly with supporting documentation of activities performed. The work being performed will be under the supervision of the Executive Manager - Power, Legislative & Regulatory Affairs and may be modified at any time upon appropriate notice to RJC. EXECUTED this day of April, 2010. 2of3 Task Order No. DEN 10-G Study of Industrial Incentive Rate Options AUTHORIZED BY: CITY OF DENTON, TEXAS A Texas Municipal Corporation By: Dated: George C. Campbell, City Manager ACCEPTED BY: R.J. COVINGTON CONSULTING, LLC By: 699V2~~ . Karl J. Nal President Dated: q ~ a 1 I I n ATTEST; APPROVED AS TO LEGAL FORM: JENNIFER WALTERS, CITY SECRETARY ANITA BURGESS, CITY ATTORNEY 4 By: By; Dated: Dated: $ D 3of3 DRAFT MINUTES PUBLIC UTILITIES BOARD April 12, 2010 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board thereafter convened into an Open meeting on Monday, April 12, 2010 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton. Present: Chair Dick Smith, Phil Gallivan, Randy Robinson, Bill Grubbs and Barbara Russell Ex Officio Members: George C. Campbell, City Manager Howard Martin, ACM Utilities Absent: John Baines, excused; Bill Cheek, unexcused OPEN MEETING: CONSENT AGENDA: The Public Utilities Board has received background information, staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. 2) Consider recommendation of approval of a Professional Services Agreement between Covington Consulting, LLC and the City of Denton, Texas encompassing Task Orders 10-D, 10-E, 10-F, and 10-G, in an amount not-to-exceed $98,000. Board Member Gallivan moved to approve Item 2 with a second from Board Member Russell. The motion was approved by a 5-0 vote. The meeting was adjourned by consensus at 10: 40. a.m. This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mark Cunningham 349-8504 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Leak Detection Survey Work on water transmission pipelines for the City of Denton Water Department which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding, and providing an effective date (File 4503-Purchase of Leak Detection Survey Work awarded to Pressure Pipe Inspection Company in an amount not to exceed $315,000). The Public Utilities Board recommends approval (4-0). FILE INFORMATION This item is for the performance of a Pipeline Condition Assessment for the City's Lake Lewisville Water Treatment Plant (LLWTP), untreated water transmission pipeline system. A complete description of the project is included in the attached the Public Utilities Board agenda information sheet (Exhibit 1). Pressure Pipe Inspection Company uses a patented ultra sensitive leak detection/location system marketed under the trade mark name Sahara. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source do not have to be competitively bid. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was approved by the Public Utilities Board on April 26, 2010. RECOMMENDATION Approve the purchase of Leak Detection Survey Work on water transmission pipelines from Pressure Pipe Inspection Company in an amount not to exceed $315,000. PRINCIPAL PLACE OF BUSINESS Pressure Pipe Inspection Company Dallas, TX Agenda Information Sheet May 4, 2010 Page 2 ESTIMATED SCHEDULE OF PROJECT The Leak Detection Survey is estimated to be completed within 90 calendars days of notice to proceed. FISCAL INFORMATION This project will be funded from account 630244517.1360.40100. Requisition 98327 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Public Utilities Board Agenda Information Sheet Without Exhibits Exhibit 2: Sole Source Letter from Pressure Pipe Inspection Company Exhibit 3: Agreement for Leak Location Services Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4503 Exhibit 1 PUBLIC UTILITIES BOARD AGENDA ITEM #5 AGENDA INFORMATION SHEET AGENDA DATE: April 26, 2010 DEPARTMENT: Utility Administration ACM: Howard Martin, 349-8232 SUBJECT Consider approval of a Sahara Leak Location Services Agreement between the City of Denton and the Pressure Pipe Inspection Company, (PPIC) in the total amount not to exceed $ 315,000 for the Lake Lewisville Water Treatment Plant Raw Water Transmission Pipeline System. BACKGROUND The Lake Lewisville Water Treatment Plant, (LLWTP) currently represents approximately 60% of the City's water supply system. The LLWTP is located at the DME/Garland Power and Light complex off of Spencer Road and is supplied with untreated water from a pumping station located on the Hickory Creek arm of Lake Lewisville. The untreated water transmission pipeline system was built in phases with a 27 inch Concrete Cylinder Pipe (CCP) pipeline constructed within a 30 foot wide water pipeline and electric power line easement in 1956-57 and a 30 inch (CCP) pipeline constructed with a Union Pacific Rail Road right of way in 1975. These facilities are shown in Exhibit 1. Over time the Union Pacific Rail Road right of way was converted in part to a trail system operated by the City of Denton Parks Department or was sold to DART. Recently, the Denton County Transportation Authority (DCTA) has acquired use of the Rail/Trail corridor from the City of Denton and from DART for the development of a commuter light rail system. It is anticipated that this light rail system (currently under construction) will be completed and become operational sometime in 2011. Due to the age of these pipelines and the competing use of the Rail/Trail corridor, staff recommended performing a Pipeline Condition Assessment for the City's untreated water transmission pipeline system and included this project as a part of the FY 2010 budget process last year. The best available technology to perform this condition assessment for these two pipelines is using internal sonic leak detection systems available through one of two sole source/high technology providers, Pressure Pipe Inspection Company (PPIC) and Pure Systems. PPIC uses a patented ultra sensitive leak detection/location system marketed under the trade mark name Sahara. This technology uses a tethered listening device that is passed through sections of the pipeline while under pressure. As a tethered system, it has the advantage of being able to be passed back and forth over a leak signal for verification and pinpointing and has an excellent track record of finding and pinpointing very small leaks in CCP pipelines. The AIS - PUB Agenda Item #5 April 26, 2010 Page 2 of 4 disadvantage of this system is the device has to be deployed and retrieved over shorter sections of pipeline and requires launch and retrieval access points along the pipeline every 1,100 to 5,000 feet. These access points are frequently in place along the pipelines in the form of air release valve vaults or dewatering drain lines. It is estimated that there will be a total of fifteen separate launch and retrieval locations for each of the two nine mile pipelines. PPIC has developed and patented this technology and their sole source waiver and experience documentation is attached as Exhibit 2. Pure Systems uses a "free floating" patented listening device marketed under the trade name Smart Ball that is inserted at one end of the pipeline and retrieved at the other end of the pipeline. Although this system has advantages on deployment and retrieval over the entire section of pipeline, it is significantly harder to manage travel speed within the pipeline and impossible to reverse its path to verify and pinpoint leaks. As a result, the Smart Ball is a lower cost alternative but does not have the necessary accuracy to locate smaller leaks that will develop over time to becoming bigger leaks that would likely surface and be spotted from a visual external inspection. Dallas Water Utilities conducted an evaluation of these two technologies through a formal RFP process several years ago. This evaluation led to decision to use PPIC's Sahara leak location technology for their large diameter pipeline systems. This annual contract from Dallas Water Utilities along with other large diameter pipeline condition assessment contracts with Tarrant Regional Water District, Fort Worth Water Department and other Metroplex Utilities using other patented technologies offered by PPIC lead to a decision to relocate their North American field offices from Phoenix, Arizona to Dallas, Texas to better serve their expanding client base in the Texas market. The negotiated agreement with PPIC (Exhibit 3) was based upon the unit pricing methodology and costs contained in the much larger Dallas Water Utilities annual contract agreement. This agreement was negotiated several years ago and the mobilization fee of $22,000 has been reduced to $12,000 to reflect the lower costs of mobilization since the PPIC field office was moved from Arizona to Texas. OPTIONS 1. Approve the Leak Detection Services Agreement 2. Reject the Leak Detection Services Agreement. 3. Renegotiate the Leak Detection Services Agreement. RECOMMENDATIONS Staff recommends approval of the Leak Location Services Agreement between the City of Denton and PPIC in the total amount not to exceed $ 315,000. Staff feels that the costs negotiated within this agreement are fair and favorable to the City of Denton since they were based upon a much larger annual contract negotiated between PPIC and the City of Dallas and include a reduced price for mobilization. In addition, PPIC has offered an additional 10% discount to their clients for any Sahara leak location contracts executed during April and May of AIS - PUB Agenda Item #5 April 26, 2010 Page 2 of 4 2010. This 10% discount will be applied towards the unit costs contained in the proposal provided. PRIOR ACTION REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION A total of $ 500,000 was included in the FY 2010 CIP (Exhibit 4) for conducting a Condition Assessment for the LLWTP raw water transmission pipelines. The proposed total amount recommended by staff is based upon the following: 30 days of Sahara Leak Location Services (including initial Mobilization) - $ 290,000 Additional remobilization (if needed) - $ 12,000 Additional inspection days (5) beyond 30 day estimate (if needed) - $ 48,000 Total - $ 350,000 Less 10% discount - 35,000) Discounted total - $ 315,000 The proposed agreement includes a favorable cost negotiation and is within the budget level established for this phase of the project. Remaining funds from this project will be used to fund any repairs identified in the leak survey and to repair/replace the transmission pipeline appurtenances, including replacement of most of the air release vaults along the DCTA light rail corridor. BID INFORMATION Not applicable. DATE SCHEDULED FOR COUNCIL APPROVAL May 4, 2010. AIS - PUB Agenda Item #5 April 26, 2010 Page 2 of 4 EXHIBITS 1. Location Map 2. Sahara Sole Source Waiver and Experience 3. Leak Location Services Agreement (Scope of Services and Fees) 4. CIP Detail Sheet Respectfully submitted: Jim Coulter Director of Water Utilities Prepared by: i Timothy S. Fisher, P.E. Assistant Director of Water Utilities Exhibit 2 SOLE SOURCE WAIVER INFORMATION General Statement The Pressure Pipe Inspection Company LTD (PPIC) specializes in assessing the condition of water transmission pipelines. The company was founded in 1997 and in April of 2004 signed an exclusive agreement with the United Kingdom's Water Research Center (WRC) to provide the Sahara® transmission main leap location service throughout North America. Over 1,000 surveys have been successfully performed using Sahara. On average, operators have eliminated a water loss of upwards of 57,000 gallons/day/mile surveyed by using the system. Supporting Documentation - Patents Sahara is the only system that can be used to reliably locate leaks in transmission mains greater than 10" in diameter, and it is protected by the following patents: UK Patents Granted European Patent USA Patent • GB2355507 App. No. 00958819 0 App. No. 10093337 • GB2379015 0 Pub. No. 2002 0148294 Al Supporting Documentation - References The referees listed below are some of the largest pipeline operators in the world. They are aware of the technical capabilities of the Sahara system. Please contact them at your convenience. Name & Title Company Address Telephone John E. Balliew El Paso Water Utilities, Water System Division 915-594-5595 Manager Public Service Board 209 N Lee St P.O. Box 511 El Paso, TX 79961-0001 Simon Johnson Thames Water Thames Water Engineering 00 44 118 923 Project Manager PO Sox 436 7316 Swindon, SN38 1TU, UK El Hassano Lydec (Casablanca) Agence Hassan 11 023.31.06.71/72 Benahmed 52, avenue Hassan 11 Water Resources Mgr Steven G. Penteris Exxon Mobil 1 55 & Arsenal Rd. East 815-521-7675 Anchor Engineer Joliet Refinery Joliet- Channahon Illinois 60410 Supporting Documentation - Documented Verifications Several verifications have been performed which verify the accuracy of the Sahara leak location system. In fact, in the UK, after excavating at the identified locations, Thames Water quoted a 100% accuracy record. Thames Water now uses a clean Sahara survey as evidence that a line is leak-free. Minimum Supplier Qualifications At least 10 clients world wide, including four references. The technique should have been utilized by at least 10. Contacts should be provided for all 10 clients. Five detailed reference briefs should be provided to explain how the leak detection technology was used to ascertain the condition of a pipeline. Proven ability to provide service in pipes ranging from 10" and up The supplier should have a range of systems to accommodate varying pipe of varying diameters. Proven ability to provide service for a variety of pipe construction types The supplier should demonstrate the capability to evaluate the condition of a variety of pipe types. For example, the supplier should be able to prove that it can evaluate PCCP, cast-iron, ductile iron, steel and PVC 905. Proven ability to operate while a pipeline remains in operation. The supplier should demonstrate that the technique can be used while the pipeline remains in service. Proven ability to detect multiple leaks in the same section of pipe. The supplier should demonstrate that the technique can be used to detect multiple leaks in a single section of pipe. Proven ability to accurately pinpoint the location of a leak in a buried pipeline. The supplier should demonstrate that the technique can be used to pinpoint the location of a leak within twelve inches, in a pipeline that is buried 20` down. Proven ability to accurately assess the condition of pipe from the use of the technology. The supplier should be able to demonstrate an ability to assess data from a wide range of situations, such that a degree of confidence can be applied to the analysis. Proven ability to make decisions based on analysis findings. The supplier should demonstrate that clients have verified its findings and found them to be reasonably accurate. Exhibit 3 J the Pressure Pipe Inspection Company Agreement for Leak Location Services between the Pressure Pipe Inspection Company (USA), Inc. and the City of Denton Using Sahara® Transmission Main Leak Location Technology (U.S. Patent 7331215) PPIC Agreement Number: COD-AGM-20100329 I'- the Pressure Pipe ,6- J Inspection Company This Agreement is between the Pressure Pipe Inspection Company (PPIC) and the City of Denton (Client), to provide leak location and data analysis services for the Client. PPIC will supply all test equipment required to perform an inline inspection of portions of the pipelines identified in the Scope of Work, using its patented Sahara® Transmission Main Leak Location Technology (Sahara®). The purpose of the inspection is to identify and locate leaks along the pipeline, and provide a qualitative estimate of the size of each leak (small, medium, or large). PPIC shall supply trained technicians as required to operate the Sahara® equipment, perform the inspection, analyze the data, and provide a written report that incorporates a GIS data model, as outlined in the Scope of Work. 1. Scope of Work 1.1. Services - PPIC shall perform a Sahara® inspection along the 27" Water Supply Pipeline from STA 1+80 to STA 447+00 for a total distance of 44,5201f (8.43 miles) and along the 30" Raw Water Supply Pipeline from STA 6+25.2 to STA 450+53 for a total distance of 44,427.81f (8.41 miles). The 27" Supply Line would require 15 insertions and an estimated 14 days to complete and the 30" Supply Line would require 17 insertions and 15 days to complete. PPIC shall perform a comprehensive review and analysis of the data, mark the location of each leak on the surface and provide a qualitative estimate of its size, and provide a detailed report of the findings to the Client. 1.2. PPIC Responsibilities - PPIC shall be responsible for: • Reviewing all of the information provided by the Client regarding the section of pipeline to be inspected • Providing the Client with a list of locations where the Sahara® equipment will be inserted into the pipeline, as well as minimum clearance requirements for the insertion components that will be utilized • Providing the Client with a list of locations where additional 2" taps (if necessary) will be required for insertion of the Sahara® equipment • Providing the Client with the minimum flow velocity that will be required for the inspection for each section • Conducting a one (1) day onsite meeting with the Client prior to the inspection to evaluate if the insertion sites are sufficiently prepared for equipment insertion and to prepare for logistic coordination • Developing a project plan that is acceptable to all parties • Providing all Sahara® Leak Location equipment, tools, and trained technicians as necessary to operate the equipment • Performing a comprehensive review and analysis of the data • Marking on the surface of the ground any leaks found and providing an estimate of the size of each leak (small, medium, or large) • Providing GPS coordinates of all leak locations and insertion sites COD-AGM-20100329 Page 2 of 9 I'- the Pressure Pipe ,6- J Inspection Company • Delivering written Draft and Final Reports that detail the results of the inspection and analysis, as defined in Section 1.5 1.3. Client Responsibilities - The Client shall be responsible for: • Providing information about the pipeline to PPIC at least three (3) weeks prior to the inspection date including, but not necessarily limited to, plan and profile drawings, lay sheets, shop drawings, manufacturing details, and details of access structures, air valves, blowoffs, and main line valves • Providing PPIC with the minimum and maximum flow velocities and pressures that the pipeline operates at • Preparing and/or modifying existing pipeline fittings and structures as indicated by PPIC to accommodate insertion of the Sahara® equipment • Providing additional 2" taps if necessary for insertion of the Sahara® equipment • Providing and maintaining safe and reasonable access to all insertion sites throughout the inspection and obtaining any required permits for such • Operating the pipeline in a manner that will achieve the minimum flow velocity indicated in the project plan throughout the inspection • Providing support personnel during the inspection to open manholes, operate valves, provide traffic control, and other support as necessary 1.4. Time and Availability - PPIC shall make staff available as necessary to meet the schedule defined in the project plan. During the inspection, the PPIC crew shall work up to 10 hour working days, and spend up to a total of 30 days onsite. 1.5. Reports - PPIC shall deliver a detailed Draft Report to the Client within three (3) weeks after completion of the inspection. The Draft Report shall describe the Sahara® technology and its limitations, discuss the project in general terms, identify the locations along the pipeline where leaks were located with respect to each insertion site, and estimate the size of each leak as small, medium, or large. The Draft Report will be delivered in electronic format for the Client to review for up to five (5) business days and provide comments to the PPIC Project Manager for inclusion into the Final Report. After five (5) business days the Draft Report will be made Final, with or without any comments provided by the Client. The Final Report will be delivered in both electronic and hard copy formats, and if adequate survey coordinates of the structures and pipeline are available or can be obtained during the inspection, it will include an electronic, spatially-enabled database of the section of pipeline inspected with a software application for accessing the database. COD-AGM-20100329 Page 3 of 9 I'- the Pressure Pipe ,6- J Inspection Company 2. Terms 2.1. The terms and prices listed in this Agreement will be honored for 90 days from the date shown in the PPIC Agreement Number on the cover page, after which time the terms and prices are subject to change if the Agreement has not been signed by then. This Agreement shall become effective when both parties have signed and shall then remain in effect until all tasks have been completed, or is terminated by either party. 3. Compensation and Payment 3.1. Compensation - The cost to the City of Denton for PPIC to perform the services described herein shall be: 3.1.1. $12,000.00, net of all applicable taxes, for mobilization of the Sahara® equipment and crew to the jobsite 3.1.2. $278,000.00, net of all applicable taxes for the Sahara inspection, regardless of the amount of pipe inspected. 3.1.3. $9,600.00, net of all applicable taxes, for each day over 30 days spent onsite. 3.2. Payment Schedule 3.2.1. Mobilization - 100% of the amount listed in 3.1.1 will be invoiced upon mobilization of the Sahara® equipment to the jobsite 3.2.2. Inspection - 60% of the amount listed in Section 3.1.2 (and 3.1.3 if applicable) shall be invoiced upon completion of the field inspection 3.2.3. Report - the remaining 10% of the amount listed in Section 3.1.2 (and 3.1.3 if applicable) shall be invoiced upon delivery of an electronic copy of the Draft Report described in Section 1.5. 3.3. Delays - PPIC crews will normally work an 8 hour working day. For this inspection the PPIC crews will be prepared to work up to 10 hours per day and PPIC will schedule 30 working days onsite for this inspection. If additional time is required in the field due to delays that are beyond PPIC's reasonable control, that time shall be subject to an additional charge of $1,100 per hour for time spent in excess of 10 hour working days (up to 15 hr/day maximum), and/or $9,600.00 per day for extra days over the 30 days allotted. 3.4. Payment terms - Payments are net 30 days from date of invoice, and a finance charge of 1% will be added for each month an invoice remains unpaid after 30 days. 4. Schedule 4.1. Inspection - The tentative dates for this inspection are from [TBD] 4.2. Report - The tentative date for delivery of the Draft Report is on or before [TBD] (3 weeks after completion of the inspection) Dates will be confirmed upon execution of the Agreement and a date for the onsite pre-inspection meeting will be set at that time also. COD-AGM-20100329 Page 4 of 9 I'- the Pressure Pipe ,6- J Inspection Company S. Confidential Information 5.1. Definition - "Confidential Information" is any information not generally known and proprietary to a company including, but not limited to, information concerning any patents or trade secrets, confidential or secret designs, processes, plans, research and development, proprietary software, analysis, techniques, materials or designs directly or indirectly useful in the business described in this Agreement. 5.2. Obligation of Confidentiality - In order for PPIC to perform the services herein, it may be necessary for the Client to provide confidential information regarding its facilities to PPIC. PPIC agrees to use this information for the project described herein exclusively, and shall not share any of this information with any other party without the written consent of the Client. In addition, PPIC may provide confidential information regarding its technologies to the Client during the course of the work described herein. The Client agrees to use this information for their own knowledge exclusively and shall not share any of this information with any other party without the written consent of PPIC. 6. Special Conditions 6.1. Independent Contractor - PPIC is an independent contractor and is not an employee, partner, or any other service relationship with the Client. As an independent contractor, PPIC has the authority to control and direct the performance of the details of the work described herein, however, the results of the work must meet the approval of the Client. 6.2. Intellectual Property - To perform the work described herein, PPIC will use specialized equipment to collect data from the Client's pipeline, and proprietary software to analyze these data. All data will be the sole property of PPIC upon completion of the work. 6.3. Sahara® Limitations - The Sahara® equipment is inserted into the pipeline and is propelled along the pipeline by the flow of water. Consequently there are some requirements and restrictions for where the technology can be used. The Sahara® equipment requires a minimum flow velocity to move it through the pipeline, which is dependant on a number of factors including pipe type, pipe diameter, number of and cumulative degree of bends in the pipeline, and other factors. The minimum flow velocity required for this project will be defined in the project plan, but will normally be between 1 and 5 feet per second. The Sahara® equipment is also limited to a maximum pressure that it can be inserted into and can not pass through certain types of valves. This maximum pressure is also dependant on a number of factors but 200 psi maximum should be used as a guideline and a minimum of 10 psi should be maintained for accurate detection of leaks. The Sahara® equipment is not able to pass through butterfly valves, or partially opened ball, plug, cone, or gate valves. PPIC can not guarantee the distance to be inspected. Shorter survey distances can be expected if operating conditions of the pipeline are outside of the parameters specified in the project plan, or if there are restrictions, such as valves or other obstacles that preclude the equipment from moving freely through the pipeline. COD-AGM-20100329 Page 5 of 9 I'- the Pressure Pipe ,6- J Inspection Company Every effort will be made to identify these restrictions prior to the inspection and PPIC will strive to inspect the entire section of pipeline that is desired by the Client. The Sahara® operator is capable of estimating the size of each leak in terms of small, medium, or large, and can not at the present time quantify the amount of water leaking at any location. 7. Execution and Termination 7.1. Execution - This Agreement must be executed at least two (2) weeks prior to the inspection date or a late charge of $4,400 will be applied to cover the increased mobilization and scheduling costs. 7.2. Termination - The Client may at any time, by written notice, terminate this Agreement with PPIC. The Client shall remain liable for and shall pay PPIC for all services rendered up to the date of termination, including personnel and equipment rescheduling. If payment of invoices by the Client is not maintained current, PPIC may, upon written notice to the Client, suspend further work until payments are brought current. The Client agrees to indemnify and hold PPIC harmless from any claim or liability resulting from such suspension. 7.3. Late Termination Penalties - If the Client terminates this Agreement within one (1) week of the agreed inspection date, resulting in incurred costs or lost opportunities for PPIC, a late termination penalty of 10% of the Agreement value shall be invoiced to the Client. 8. Post Project Support 8.1. PPIC will provide support and answer questions regarding the inspection and Final Report for up to 30 days from the date that the Final Report is delivered, at no additional cost. Support will continue to be available after the 30 day period, however, a fee of $110 per hour plus expenses may apply depending on the level of support required. 9. General Provisions 9.1. Agreement - These General Provisions and this Agreement constitute the full and complete Agreement of the parties and may be amended, added to, superseded, or waived only if both parties specifically define in writing an official amendment of this Agreement. 9.2. Right of Entry - When entry to property is required by the work, the Client agrees to obtain any required legal-right-of entry on the property at no cost to PPIC. 9.3. Documents - All notes, test data, calculations, and other information generated by PPIC are instruments of PPIC's service that shall remain PPIC's property. The Client agrees not to use PPIC generated documents for external use without PPIC's express written permission. Any reuse or disbursement to third parties without such express written permission or project-specific adaptation by PPIC will be at the Client's sole risk and without liability to PPIC or its subsidiaries, independent professional associates, sub consultants, and subcontractors. Accordingly, Client shall, to the fullest extent COD-AGM-20100329 Page 6 of 9 I'- the Pressure Pipe ,6- J Inspection Company permitted by law, defend, indemnify, and hold harmless PPIC from and against any and all costs, expenses, fees, losses, claims, demands, liabilities, suits, actions, and damages whatsoever arising out of or resulting from such unauthorized reuse or disbursement. 9.4. Confined Space Entry - The scope of PPIC's services for this Agreement may require entry into confined spaces. The Client shall be responsible for rendering these areas safe for the services included in this Agreement, including locking and tagging pumps, valves and motors; de-watering areas to permit movement of persons and equipment; vector and rodent control; ventilation and monitoring of air quality; preparing entry permits; providing personnel and equipment for communication and recovery; and meeting the requirements of federal and local government authorities. 9.5. Standard of Care - PPIC and its subsidiaries, independent professional associates, sub-consultants, and subcontractors will exercise that degree of care and skill ordinarily practiced under similar circumstances by engineers, scientists, and other professionals providing similar services. Client agrees that services provided will be rendered without any warranty, express or implied. 9.6. Opinion of Structural Condition - PPIC provides testing and condition assessment of pipelines using advanced technologies and methods. These methods and procedures are continually being developed by PPIC and its associates and are currently not available anywhere except from PPIC. These technologies will be used diligently and carefully to identify areas of concern in the pipeline. Client acknowledges that these technologies are developmental, and that services provided are rendered without any warranty, expressed or implied, of their accuracy. 9.7. Changes or Delays - Unless the Agreement provides otherwise, the proposed fees constitute PPIC's estimate to perform the services required to complete the Project. Required services often are not fully definable in the initial planning; accordingly, developments may dictate a change in the scope of services to be performed. Where this occurs, changes in the Agreement shall be negotiated and agreed upon by all parties and an equitable adjustment shall be made, prior to the work being done. Costs and schedule commitments shall be subjected to renegotiation for unreasonable delays caused by the Client's failure to provide specified facilities, direction, or information, or if PPIC's failure to perform is due to any act of God, labor trouble, fire, inclement weather, act of governmental authority, failure of transportation, accident, power failure, or interruption of any other cause beyond the reasonable control of PPIC. Temporary work stoppage caused by any of the above may result in additional cost beyond that outlined in this Agreement. 9.8. Liability - PPIC will furnish appropriate insurance certificates for general and professional liability upon request. The Client agrees that PPIC's total liability to the Client for any and all injuries, claims, losses, expenses, or damages whatsoever, including attorney's fees, arising out of or in any way related to the Project or this Contract from any cause or causes, including, but not limited to, PPIC's inaccuracy in assessing pipeline structural condition; PPIC's negligence, errors, omissions, strict COD-AGM-20100329 Page 7 of 9 I'- the Pressure Pipe ,6- J Inspection Company liability, or breach of contract shall not exceed the total amount recoverable from such insurance. 9.9. Conflicts of Interest - This assignment may involve parties with adverse interests to clients with whom PPIC has current or past relationships. It is PPIC's policy to make reasonable attempts to identify such relationships prior to acceptance of a professional assignment, but PPIC cannot assure that conflicts or perceived conflicts will not arise, and PPIC does not accept responsibility for such occurrences. 9.10. Indemnification - PPIC shall, subject to the limitation of liability contained in Section 9.8, indemnify the Client for any loss or damage solely caused by the professional negligence of PPIC in performance of the services under this Agreement. 9.11. Miscellaneous Precedence: These General Provisions shall take precedence over inconsistency or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice to proceed, or like document. Governing Law: For work performed in the United States, the laws of the state of Texas shall govern the validity and interpretation of this Agreement. For work performed in Canada, the laws of the Province of Ontario shall govern the validity and interpretation of this Agreement. Invalid Terms: If any of these General Provisions shall be finally determined to be invalid or unenforceable in whole or in part, the remaining provisions hereof shall remain in full force and effect and be binding upon the parties. The parties agree to reform the contract between them to replace any such invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the intention of the stricken provision. PPIC Reliance: Unless otherwise specifically indicated in writing, PPIC shall be entitled to rely, without liability, on the accuracy and completeness of information provided by Client, Client's consultants and contractors, and information from public records, without the need for independent verification. Certifications: PPIC shall not be required to sign any documents, no matter by whom requested, that would result in PPIC's having to certify, guarantee, or warrant the existence of conditions that PPIC cannot ascertain. Third Parties: Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Client or PPIC. PPIC's services hereunder are being performed solely for the benefit of the Client, and no other entity shall have any claim against PPIC because of this Agreement or PPIC's performance of services herein. COD-AGM-20100329 Page 8 of 9 the Pressure Pipe Inspection Company 10. Signatures This Agreement will become effective when both parties have signed. Brian lie rgelas,rl5resident C`.E.O jq ~jo _ Date Timothy S. Fisher, P.E Date Pressure Pipe Inspection Company (USA), Inc. 10725 Sandhfll Road, Suite 107 Dallas, TX 75238 Prepared by; Mike R. Larsen Client Manager 214-377-5301 (office) 214-377-5299 (fax) 602-463-9284 (cell) mike.larsen@ppic,com City of Denton 901-A Texas Street Denton, TX 76209 COD-AGM-20100329 Page 9 of 9 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF LEAK DETECTION SURVEY WORK ON WATER TRANSMISSION PIPELINES FOR THE CITY OF DENTON WATER DEPARTMENT WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 4503-PURCHASE OF LEAK DETECTION SURVEY WORK AWARDED TO PRESSURE PIPE INSPECTION COMPANY IN AN AMOUNT NOT TO EXCEED $315,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 4503 Pressure Pipe Inspection Company $315,000 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD-File 403 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DRAFT MINUTES PUBLIC UTILITIES BOARD April 26, 2010 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Vice Chair of the Public Utilities Board thereafter convened into a Closed meeting on Monday, April 26, 2010 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Vice Chair Bill Cheek, Phil Gallivan, Bill Grubbs and Barbara Russell Ex Officio Members: Howard Martin, ACM Utilities Absent: Chair Dick Smith, John Baines and Bill Grubbs, all excused OPEN MEETING: CONSENT AGENDA: The Public Utilities Board has received background information, staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. 5. Consider a recommendation of approval of a Sahara Leak Location Services Agreement between the City of Denton and the Pressure Pipe Inspection Company, (PPIC) in the total amount not to exceed $315,000 for the Lake Lewisville Water Treatment Plant Raw Water Transmission Pipeline System. Board Member Gallivan moved to approve Item 5 with a second from Board Member Russell. The motion was approved by a 4-0 vote. The meeting was adjourned by consensus at 11:24 a. m. AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 DEPARTMENT: Economic Development/Downtown Development CM: George C. Campbell SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Chris and Cynthia Savino from the Downtown Incentive Grant Program not to exceed $7,935; and providing for an effective date. (The Economic Development Partnership Board recommends approval 6-0) BACKGROUND Applicant: Chris and Cynthia Savino Albuquerque, New Mexico City Council approved the Downtown Incentive Reimbursement Grant Program on April 3, 2007, and allocated $50,000 to fund the program for 2008-2009 fiscal year. Two grants have been approved in FY 2009-2010, for a total of $33,000, leaving $17,000 unencumbered. PROJECT: This rehabilitation project entails painting, transom window restoration, awnings and signage. REQUEST: The applicant requested $15,418. The Downtown Task Force and Economic Development Partnership Board recommended a grant of $7,935 to City Council; the total project is approximately $30,836. ELIGIBILTY: This project is eligible under the following criteria: • Project compliance with all current building standards • Design quality • Compatibility of design in relation to other buildings • Project compatibility with streetscape objectives • Project compatibility in relation to Downtown Development goals • Proximity to Courthouse-on-the-Square PRIOR ACTION The Downtown Development Task Force reviewed the application on February 19, 2010 and recommended a grant in the amount of $7,935 to the Economic Development Partnership Board. The Economic Development Partnership Board reviewed the application on March 2, 2010 and recommends approval 6-0. EXHIBITS 1. Ordinance I 2. Grant agreement 3. Exhibit A -Legal Description 4. Exhibit B - Grant Application 5. Ariel map of property Prepared by: Julie Glover Economic Development Program Administrator Respectfully submitted: Linda Ratliff Director of Economic Development s scour documentslordinances\10\savino grant ord.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING A GRANT APPLICATION FROM CHRIS AND CYNTHIA SAV1NO FROM THE DOWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM NOT TO EXCEED $7,935; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 3, 2007, the City Council approved a Downtown Incentive Reimbursement Program by Ordinance No. 2007-072; and WHEREAS, Chris and Cynthia Savino have applied for an $7,935 grant; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council of the City of Denton hereby approves the request from Chris and Cynthia Savino for $7,935 from the Downtown Incentive Reimbursement Grant Program. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City, including the expenditure of funds as provided in the Agreement. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: DOWNTOWN REIMBURSEMENT GRANT INCENTIVE AGREEMENT This Downtown Reinvestment Grant Incentive Agreement (the "Agreement") is entered into by and between the City of Denton, Texas (the "City"), duly acting herein by and through its Mayor, and Chris and Cynthia Savino, individuals (the "Owner"), duly acting herein by and through its authorized officer. WHEREAS, the City has adopted a resolution which provides that it elects to be eligible to participate in downtown reinvestment grant incentives and has adopted guidelines and criteria governing downtown reinvestment grant incentive agreements known as the Denton Downtown Reinvestment Grant Incentive Program; and WHEREAS, on the Yd day of April, 2007, the City Council of Denton, Texas (the "City Council") adopted the Denton Downtown Incentive Reimbursement program (the "Program"), a copy of which is on file in the City of Denton Economic Development Office and which is incorporated herein by reference; and WHEREAS, the Denton Downtown Incentive Reimbursement Program Policy constitutes appropriate "guidelines and criteria" governing downtown reinvestment grant incentive agreements to be entered into by the City; and WHEREAS, Owner will be the owner, as of the Effective Date (as hereinafter defined), which status is a condition precedent, of certain real property, more particularly described in Exhibit "A" attached hereto and incorporated herein by reference and made a part of this Agreement for all purposes (the "Premises") as of the Effective Date; and WHEREAS, on the 30' day of January 2010, Owner submitted an application for reinvestment with various attachments to the City concerning the contemplated use of the Premises (the "Application"), which is attached hereto and incorporated herein by reference as Exhibit "B"; and WHEREAS, the City Council finds that the contemplated use of the Premises, the Contemplated Improvements (as hereinafter defined) to the Premises as set forth in this Agreement, and the other terms hereof are consistent with encouraging development in accordance with the purposes and are in compliance with the Ordinance and Program and similar guidelines and criteria adopted by the City and all applicable law; NOW, THEREFORE, the City and Owner for and in consideration of the premises and the promises contained herein do hereby contract, covenant, and agree as follows: 1. TERMS AND CONDITIONS OF REIMBURSEMENT AW=ment o i&almps A. In consideration of and subject to the Owner meeting all the terms and conditions of reimbursement set forth herein, the City hereby grants the following reimbursement: 1. A reimbursement in an amount not to exceed $7,935 attributable to new capital investments, as hereinafter described, being constructed on the Premises. B. A condition of the Reimbursement is that, by May 4, 2011 (subject to force majeure delays not to exceed 180 days), a capital investment in the form of exterior paint, transom window repair, awnings and signs be constructed on the Premises. For the purposes of this paragraph, the term "force majeure" shall mean any circumstance or any condition beyond the control of Owner, as set forth in Section XXI "Force Majeure" which makes it impossible to meet the above-mentioned thresholds. C. The term "capital investment" is defined as the construction, renovation and equipping of awnings, utility upgrades, fagade and entryway work, as described in Exhibit "C" (the "Improvements on the Premises", the "Contemplated Improvements" or "Improvements") to include costs related to the construction of the Improvements on the Premises. D. A condition of the Reimbursement is that the Contemplated Improvements be constructed and the Premises be used substantially in accordance with the description of the project set forth in Exhibit "B". E. Owner agrees to comply with all the terms and conditions set forth in this Agreement. II. CONDITION OF REIMBURSEMENT A. At the time of the award of the Reimbursement, all ad valorem real property taxes with respect to said property owned within the City shall be current. B. Prior to the award of the Reimbursement, Owner shall have constructed the Capital Improvements as specified in Exhibit "B" III. RECORDS AND EVALUATION OF PROJECT A. The Owner shall provide access and authorize inspection of the Premises by City employees and allow sufficient inspection of financial information related to construction of the Improvements to insure that the Improvements are made and the thresholds are met according to the specifications and conditions of this Agreement. Such inspections shall be done in a way that will not interfere with Owner's business operations. Page 2 Ag-enoent orriginW.wps A. The City has Downtown Reimbursement Grant Incept into this Agreement containing the terms IV. PROVISIONS that it has adopted guidelines and criteria for the e Program agreements for the City to allow it to enter ;t forth herein. B. The City has determined that procedures followed by the City conform to the requirements of the Code and the Policy, and have been and will be undertaken in coordination with Owner's corporate, public employee, and business relations requirements. C. Neither the Premises nor any of the Improvements covered by this Agreement are owned or leased by any member of the City Council, any member of the City Planning and Zoning Commission of the City, or any member of the governing body of any taxing units joining in or adopting this Agreement. D. In the event of any conflict between the City zoning ordinances, or other City ordinances or regulations, and this Agreement, such ordinances or regulations shall control. V. NOTICE All notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designated in writing, by certified mail postage prepare, by hand delivery or via facsimile: OWNER: CITY: Chris and Cynthia. Savino George C. Campbell, City Manager 11712 San Victoria Ave. NE City of Denton Albuquerque, NM 87811 215 East McKinney Denton, Texas 76201 Fax No. 940.349.8596 VI. CITY COUNCIL AUTHORIZATION This Agreement was authorized by the City Council by passage of an enabling ordinance at its meeting on the 4a' day of May, 2010, authorizing the Mayor to execute this Agreement on behalf of the City, a copy of which is attached hereto and incorporated herein by reference as Exhibit "D". Page 3 Agr nkmt otiginaimps VII. SEVERABIILTY In the event any section, subsection, paragraph, sentence, phrase or word is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase, or word. In the event that (i) the term of the Reimbursement with respect to any property is longer than allowed by law, or (ii) the Reimbursement applies to a broader classification of property than is allowed by law, then the Reimbursement shall be valid with respect to the classification of property abated hereunder, and the portion of the term, that is allowed by law. VIII. OWNER STANDING Owner, as a party to this Agreement, shall be deemed a proper and necessary party in any litigation questioning or challenging the validity of this Agreement or any of the underlying ordinances, resolutions, or City Council actions authorizing same and Grantee shall be entitled to intervene in said litigation. IX. APPLICABLE LAW This Agreement shall be construed under the laws of the State of Texas and is fully performable in Denton County, Texas. Venue for any action under this Agreement shall be in Denton County, X. ENTIRE AGREEMENT This instrument with the attached exhibits contains the entire agreement between the parties with respect to the transaction contemplated in this Agreement. XI. BINDING This Agreement shall be binding on the parties and the respective successors, assigns, heirs, and legal representatives. XII. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed an Page 4 Agreement original.wps original, but all of which together shall constitute one and the same instrument. XIII. SECTION AND OTHER HEADINGS Section or other headings contained in this Agreement are for reference purposes only and shall not affect in any wary the meaning or interpretation of this Agreement. XIV. NO JOINT VENTURE Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties, and any implication to the contrary is hereby disavowed. XX. AMENDMENT . This Agreement may be modified by the parties hereto to include other provisions which could have originally been included in this Agreement or to delete provisions that were not originally necessary to this Agreement. XXI. FORCE MAJEURE If, because of flood, fire, explosions, civil disturbances, strikes, war, acts of God, or other causes beyond the control of either Party, either Party is not able to perform any or all of its obligations under this Agreement, then the respective Party's obligations hereunder shall be suspended during such period but for no longer than such period of time when the party is unable to perform. This Agreement is executed to be effective 30 days after the executed date of the day of , 2010, (the "Effective Date") by duly authorized officials of the City and Owner. PASSED AND APPROVED this the day of _ .92010. CITY OF DENTON GEORGE C. CAMPBELL, CITY MANAGER Page 5 4 1 Agr t onghw-wps ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: C RIS SAVINO, OWNER CYNTHIA SAVINO, OWNER ATTEST: BY: STATE OF TEXAS COUNTY OF DENTON Before me, the undersigned authority, a Notary Public in and for said State of Texas, on this day personally appeared George C. Campbell, City Manager for the City of Denton, known to me to be the person who signed and executed the foregoing instrument, and acknowledged to me that this instrument was executed for the purposes and consideration therein expressed. Given under my hand and seal of office this the day of 2010. Page 6 i . Agreement originaLwps Notary Public in and for the State of Texas My Commission Expires: STATE OF NEW MEXICO § COUNTY OF BERNALILLO § Before me, the undersigned authority, a Notary Public in and for said State of New Mexico, on this day personally appeared Chris Savino, Owner, known to me to be the person who signed and executed the foregoing instrument, and acknowledged to me that this instrument was executed for the purposes and consideration therein expressed. Given under my hand and seal of office this the/ 74%ay of`,p/"/ 2010. OFFICLkL WEAL DANIEL r viz rIM MYP€ BW-STAIEOF o Public and fo r the ►ry comniMlpn ~iw: ~ State of My Commission Expires: Page 7 Agreement original.wps Notary Public in and for the State of New Mexico My Commission Expires: STATE OF NEW MEXICO § COUNTY OF BERNALILLO § Before me, the undersigned authority, a Notary Public in and for said State of Tomas, on this day personally appeared Cynthia Savino, owner, known to me to be the person who signed and executed the foregoing instrument, and acknowledged to me that this instrument was executed for the purposes and consideration therein expressed. Given under my hand and seal of office OFRCALWAL DAWL J YAK W►+wrRRX-VrATEOFI VVM * oho 00,2 ay Z Of 2010. Notary Public and j~br tha State of ~ My Commission Expires: Page 8 Exhibit A Being all that certain lot, tract or parcel of land situated in the W. NEILL SURVEY, Abstract No. 971, in the City and County of Denton, Texas, being a part of Lot 2, Block 4 of the Original Town of Denton, Texas, and being all that certain tract of land conveyed by Deed from Virginia McNeill, Cherry Ann Ball and Jack Davis Ball to Richard r.. Compton and wife, Stephany Compton, recorded in Volume 1764, page 975, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a building corner for corner at the Northeast corner of the intersection of West oak Street, a public roadway having a Right-of-Way of 80.0 feet, and Cedar Street, a public roadway having a Right-of-Way of 60.0 feet, said point being the Southwest corner of said Compton Tract; THENCE North 58.3 feet with the West face of said building and with the East line of Cedar Street, to a building corner for corner in the South line of a concrete alley; THENCE East 20.4 feet with the North face of said building for corner in the North line of said West Oak Street; THENCE South 58.3 feet with a common wall to a building corner for corner in the North line of said West oak Street; THENCE West 20.4 feet with the South face of said building and with said North line of said West Oak Street to the Plade of Beginning and containing 0.027 acres of land, more or less. Exhibit B Of } till o NTowN tKcv ` Pw`RmmummENT GRANS GRA APPLICATION Please return, taawlcted with necessary attachme and suture to, DQw-,tutu Deveiopmut otrice, 21.5 McKinney no later than '5 p.nt an the Monday prior to the l" Wednesday of each month. If you have "y appfiication tldestions, please contact the Downtowns Project Coordinator at 040-340-773t. lf you have any building or sign permitthi-stork preservation questions, please rantact'the Historic Preservation Officer at 940-349-7732. + Applicant Name, Goo ;,hn s -Sety lip Date s Business Name IRIL - . p t Ma ting Addrlzs l4 I.~ arw tic w.~p + CgnWphoaC 5DS) 717 075 3 L'maiE Atic4re ^ C'YA'~}+i~. 3A.+1ind .Cleyl B u i I d i ng Own er (rf dierentfrom appiicanti + Historical/Current Buildiag Name -T(rt~ + Physical Building Addrrss AZQ (JI.+ QAX 54. letd4vat 7Y, 1162-61 Type of Work: (cheek all Mw apply ✓Ta; ade Rehabilitation Fagade - Paint-only ✓Awnings ✓Signage ^ Impact Fee T?t9(iiy 1.?hR1~ + Retails of Planned Irnpmv=ents for Ilnxnto tin lnccnt ve R6mburs:mCni ('zsant: fatm¢h c4dtti&nrrl' rtpef if ireeessary} Faris ListContrnctor/Pr4ect=hite~A roposals acid TotEd Amounts (pJcnse attach original propvsolsj: rr~ LW ` 1.4 to -TV-.,an -Sam -jg;Aj AMA... 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AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider a request for an exception to the Noise Ordinance for amplified sound on each Sunday in the month of July for the purpose of the Apollo Time and the Music Time events. Apollo Time and Music Time events are scheduled for the following Sundays: July 4, from 5:00 p.m. until 11:00 p.m., July 11, July 18, and July 25, 2010, from 5:00 p.m. until 10:00 p.m. The events will be held in Fred Moore Park. There is not a request for an increase in the level of decibels. Staff recommends approval of the request for amplified sound on each Sunday in the month of July. BACKGROUND Mr. Harold Jackson, the event organizer for the talent shows and activities, intends to help encourage area youth to increase their performance abilities and provide a safe environment for entertainment. The Apollo Time and Music Time events have been taking place in Fred Moore Park since 2001. The Music Time events would provide music for participants to listen and perform to from an amplified music system on each Sunday in July, 2010. PRIOR ACTION/REVIEW City Council has approved the Apollo Nights and Music Time requests for an exception to the Noise Ordinance to have amplified sound on Sundays since 2001. EXHIBITS 1. Letter of Request Respectfully Submitted: &"'U - , . Emerson Vorel, Director Parks and Recreation Department Prepared by: Janie McLeod Community Events Coordinator HAROLD'S FRED MOORE PARK EVENT AGENDA June 20'h 5-1 lpm (flag football) July 4'h 5-11pm (music) July 11`h 5-10pm (Apollo) July 181h 5-10pm (music) July 25'" 5-1Opm (Apollo) 4,-o,-Q ~ -Dt~v ~j , 76~L 0 1 AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing and ratifying an agreement between the City of Denton, Texas and the Denton Parks Foundation to assist with the costs of entertainment, decorations, promotions, and/or children's activities for the 2010 Cinco de Mayo Celebration; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $600 (Mayor Mark Burroughs, $150; Council Member Charlye Heggins, $200; Council Member Dalton Gregory, $100; and Council Member Jiro Engelbrecht, $150) from Council Contingency Funds. Key provisions of the agreement include: ■ Funds shall be used by the Foundation to assist with the costs of entertainment, decorations, promotions, and/or children's activities for the 2010 Cinco de Mayo Celebration. ■ In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant SA0ur DocumentslOrdinances1101ParksFoundation.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AND RATIFYING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON PARKS FOUNDATION TO ASSIST WITH THE COSTS OF ENTERTAINMENT, DECORATIONS, PROMOTIONS, AND/OR CHILDREN'S ACTIVITIES FOR THE 2010 CINCO DE MAYO CELEBRATION; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton hereby finds that the Program and the agreement between the City and the Denton Parks Foundation for the purpose of assisting with entertainment, decorations, promotions, and/or children's activities, attached hereto and made a part hereof by reference (the "Agreement"), serve a municipal and public purpose and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The Agreement is hereby approved and ratified and the City Manager's, or his designee's, execution of the Agreement is hereby ratified. All expenditures authorized by the Agreement are also ratified and approved. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITAnBURGESS, CITY ATTORNEY BY:M , CADocuments and Settings\LAHOLLEY\Local Settings\Temporary Internet Files\Content.Outlook\F52SUGAI\Serv Agr Denton Parks Foundation.doc SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON PARKS FOUNDATION This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and Denton Parks Foundation, a Texas Non-Profit Corporation, hereinafter referred to as "Denton Parks Foundation": WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; and WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public interest; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES Denton Parks Foundation shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: The funds being provided shall be used by Denton Parks Foundation to assist with the costs of entertainment, decorations, promotions and/or children's activities for the 2010 Cinco de Mayo Celebration. II. OBLIGATIONS OF DENTON PARKS FOUNDATION In consideration of the receipt of funds from City, Denton Parks Foundation agrees to the following terms and conditions: A. Six Hundred Dollars and no/100 ($600.00) shall be paid to Denton Parks Foundation by City to be utilized for the purposes set forth in Article L B. Denton Parks Foundation will maintain adequate records to establish that the City funds are used for the purposes authorized by this Agreement. C. Denton Parks Foundation will permit authorized officials of City to review its books at any time. D. Upon request, Denton Parks Foundation will provide to City its By Laws and any of its rules and regulations that may be relevant to this Agreement. E. Denton Parks Foundation will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. F. Denton Parks Foundation will appoint a representative who will be available to meet with City officials when requested. G. Denton Parks Foundation will submit to City copies of year-end audited financial statements. III. TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame: The term of this Agreement shall commence on the effective date and terminate September 30, 2010, unless the contract is sooner terminated under Section VII "Suspension or Termination". IV. PAYMENTS A. PAYMENTS TO DENTON PARKS FOUNDATION. City shall pay to Denton Parks Foundation the sum specified in Article II after the effective date of this Agreement. B. EXCESS PAYMENT. Denton Parks Foundation shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Denton Parks Foundation; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. V. EVALUATION Denton Parks Foundation agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. Denton Parks Foundation agrees to make available its financial records for review by City at City's discretion. In addition, Denton Parks Foundation agrees to provide City the following data and reports, or copies thereof: A. All external or internal audits. Denton Parks Foundation shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. An explanation of any major changes in program services. Page 2 of 7 D. To comply with this section, Denton Parks Foundation agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. The record system of Denton Parks Foundation shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Denton Parks Foundation agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for five years. E. Nothing in the above subsections shall be construed to relieve Denton Parks Foundation of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. VI. DIRECTORS' MEETINGS During the term of this Agreement, Denton Parks Foundation shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof wherein this program is a part of the subject matter of the meeting. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Denton Parks Foundation understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Denton Parks Foundation' governing body shall be available to City within ten (10) working days of approval. VII. TERMINATION The City may terminate this Agreement for cause if Denton Parks Foundation violates any covenants, agreements, or guarantees of this Agreement, the Denton Parks Foundation's insolvency or filing of bankruptcy, dissolution, or receivership, or the Denton Parks Foundation' violation of any law or regulation to which it is bound under the terms of this Agreement. The City may terminate this Agreement for other reasons not specifically enumerated in this paragraph. VIII. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. Denton Parks Foundation shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. B. Denton Parks Foundation will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. C. In the event of non-compliance by Denton Parks Foundation with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Denton Parks Foundation may be barred from further contracts with City. Page 3 of 7 IX. WARRANTIES Denton Parks Foundation represents and warrants that: A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Denton Parks Foundation on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Denton Parks Foundation. C. No litigation or legal proceedings are presently pending or threatened against Denton Parks Foundation. D. None of the provisions herein contravenes or is in conflict with the authority under which Denton Parks Foundation is doing business or with the provisions of any existing indenture or agreement of Denton Parks Foundation. E. Denton Parks Foundation has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of Denton Parks Foundation are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Denton Parks Foundation to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. X. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. Page 4 of 7 C. Denton Parks Foundation shall notify City of any changes in personnel or governing board composition. XI. INDEMNIFICATION To the extent authorized by law, the Denton Parks Foundation agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the Denton Parks Foundation or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of Denton Parks Foundation, its officers, employees, agents, subcontractors, licensees and invitees. XII. CONFLICT OF INTEREST A. Denton Parks Foundation covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Denton Parks Foundation further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. Denton Parks Foundation further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others; particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest. XIII. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, or via hand-delivery or facsimile, addressed to Denton Parks Foundation or City, as the case may be, at the following addresses: Page 5 of 7 CITY City of Denton, Texas Attn: City Manager 215 E. McKinney Denton, TX 76201 Fax No. 940.349.8591 DENTON PARKS FOUNDATION Simone Anderson, Treasurer Denton Parks Foundation 601 E. Hickory, Suite B Denton, TX 76201 Fax No. 940.349.8384 Either parry may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XIV. MISCELLANEOUS A. Denton Parks Foundation shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to Denton Parks Foundation hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by Denton Parks Foundation. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. Page 6 of 7 IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of , 2010. MARK A BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Ll BY : ' La IM i~ cn. > DENTON PARKS FOUNDATION BY ATTEST: BY: BOARD SECRETARY Page 7 of 7 This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 DEPARTMENT: Finance r,, ACM: Jon Fortune Y",~ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Solid Waste Reserve Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $4,256,000 to allow the Solid Waste Department to purchase and acquire refuse and recycling equipment in order to continue providing solid waste refuse and recycling collection operations; and providing an effective date. The Public Utilities Board recommends approval (4-0). BACKGROUND The Solid Waste Department will be utilizing $4,256,000 in Certificates of Obligation (COs) for the purchase of refuse and recycling collection equipment. Initially, expenditures will be charged to the unreserved fund balance of the Solid Waste Department and will be reimbursed with COs sold in Fiscal Year (FY) 2009-10. The FY 2009-10 Budget assumed funds from the issuance of bonds would pay for these expenses but the bond sale will not occur until June 2010. As a result, a reimbursement ordinance is needed to avoid a delay in the purchase of this equipment. This will be the second reimbursement ordinance considered for capital improvement expenditures for the Solid Waste Department. In January, a reimbursement ordinance for $1,412,000 was considered by the Public Utilities Board and forwarded to Council for approval. The purpose of that reimbursement ordinance was to purchase vehicles and equipment for solid waste and recycling services in advance of the June bond sale. PRIOR ACTION/REVIEW This item was approved by the Public Utilities Board on April 26, 2010. FISCAL INFORMATION This ordinance will allow $4,256,000 from the Solid Waste unreserved fund balance to be expended and subsequently reimbursed with COs. Agenda Information Sheet May 4, 2010 Page 2 F,XHIRIT,S Public Utilities Board Meeting Minutes from April 26, 2010 Ordinance Respectfully submitted: Bryan Langley Director of Finance 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 DRAFT MINUTES PUBLIC UTILITIES BOARD April 26, 2010 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Vice Chair of the Public Utilities Board thereafter convened into a closed meeting on Monday, April 26, 2010 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Vice Chair Bill Cheek, Phil Gallivan, Bill Grubbs and Barbara Russell Ex Officio Members: Howard Martin, ACM Utilities Absent: Chair Dick Smith, John Baines and Bill Grubbs, all excused OPEN MEETING: ITEMS FOR INDIVIDUAL CONSIDERATION: 6. Consider a recommendation of adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Solid Waste Reserve Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $4,256,000 to allow the Solid Waste Department to purchase and acquire refuse and recycling equipment in order to continue providing solid waste refuse and recycling collection operations; and providing an effective date. Vice Chair Cheek stated he had his answer that it ties to Item 10 so he will let his question go. Russell asked if this is just a timing issue. Martin yes it is a timing issue Langley is going to brief later in the meeting on the sale of CO's of which this is part of and needs to move forward before June 15, 2010. Board Member Russell moved to approve with a second from Board Member Grubbs. The motion was approved by a 4-0 vote. The meeting was adjourned by consensus at 11:24 a.m. scour documentslordinances\Wsw reimbursement ord-equipment.doc ORDINANCE NO.2010- AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE SOLID WASTE RESERVE FUND WITH CERTIFICATES OF OBLIGATION WITH AN AGGREGATE MAXIMUM PRINCIPAL AMOUNT EQUAL TO $4,256,000 TO ALLOW THE SOLID WASTE DEPARTMENT TO PURCHASE AND ACQUIRE REFUSE AND RECYCLING EQUIPMENT IN ORDER TO CONTINUE PROVIDING SOLID WASTE REFUSE AND RECYCLING COLLECTION OPERATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer") is a municipal corporation and political subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures in connection with the acquisition of refuse and recycling equipment for collection operations for the Solid Waste Department approved in the 2009-10 Adopted Budget, and which are more particularly described in Attachment "A"; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $4,256,000 for the purpose of paying the costs of the refuse and recycling equipment for collection operations, as set forth in the Attachment "A", which is incorporated by reference herein and made a part of this Ordinance for all purposes. SECTION 2. All costs to be reimbursed pursuant hereto will be capital expenditures of the Solid Waste Department. No tax-exempt obligations will be issued by the Issuer in furtherance of this Ordinance after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. All amounts expended from the Solid Waste Reserve Fund for equipment set forth in Attachment "A" to pay costs of the equipment, shall be reimbursed from the Certificate of Obligation proceeds within the 2009-10 fiscal year. SECTION 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Ordinance more than three years after the date any expenditure which is to be reimbursed is paid. scour documentslordinances1101sw reimbursement ord. SECTION 4. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: Page 2 of 2 ATTACHMENT A Solid Waste Capital Improvement Expenditures Description Amount Comm-Container-Equipment-Maintenance 245,000 Ground Water Wells 110,000 Home Chemical Building Improvements 65,000 Integrated Waste Management System 11100,000 Landfill Expansion 600,000 Landfill Improvements 100,000 Landfill Security Fence /Wall 650,000 Landfill Software Upgrades 50,000 Leachate Recirculation 70,000 LFG Line Construction 50,000 Mechanical Processing Equipment 450,000 Recycling Carts Replacements 100,000 Recycling Commercial Containers 105,000 Recycling Facility Upgrades 16,000 Res-Container-Equipment-Assembly 115,000 Security - Buildings & Parking Lots 40,000 Solid Waste Equipment 100,000 SW Equipment & Tire Wash 150,000 SW Management Planning 90,000 Waste to Energy Pilot 50,000 Tota I 4,256,000 AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 DEPARTMENT: Finance ACM: Jon Fortune " SUBJECT Consider approval of a resolution by the City Council of the City of Denton relating to the issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and the use of the proceeds of such bonds; recognizing that the City has no financial obligation to pay any principal or interest on the bonds, and making certain findings in connection therewith; and providing an effective date. BACKGROUND The North Texas Higher Education Authority, Inc. (NTHEA) was established as a non-profit corporation for the purpose of furthering educational opportunities of students by providing funds for the acquisition of student loans. The Cities of Arlington and Denton exercise the powers enumerated under Section 5313.47 of the Texas Education Code and the Cities appoint the directors of the Authority. Under Section 5313.47 the Authority may issue revenue bonds or borrow money to provide funds for the purchase of student loans guaranteed under provisions of the Higher Education Act of 1965, as amended. The City of Denton is not financially obligated in any way. The Authority assumes sole responsibility for the administration of the Authority's student loan program. The Authority issued its first revenue bonds for such purpose in 1979. This agenda item authorizes the Authority to issue and deliver during 2010 student loan revenue bonds, in one or more series, in an amount not to exceed $220,000,000. In addition, this agenda item authorizes the Authority to carry forward private activity bond allocations from 2008 in an amount not to exceed $200,000,000. The bonds are to be issued to refund outstanding interim financing of the Authority used to purchase guaranteed student loans, to provide funds to purchase additional guaranteed student loans, to set aside the amount the Authority determines is necessary for payment of interest on the bonds and for operating costs and a debt service reserve, and to pay the cost of issuing the bonds. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Since 1979 Council has approved resolutions to issue NTHEA student loan revenue bonds. The last agenda item on an issuance was in June 2008 for a total of $185 million in a combination of taxable and tax-exempt student loan revenue bonds. FISCAL INFORMATION There is no fiscal impact to the City of Denton. Agenda Information Sheet May 4, 2010 Page 2 EXHIBITS Memorandum from NTHEA Resolution Respectfully submitted: t Bryan Langley Director of Finance EXHIBIT 1 North Texas Higher Education AuthoriM Inc. `r * Higher Education Servicing Corporation Es 1250 East Copeland Road • Suite 200 • Arlington, TX 76011(817) 265-9158 MEMORANDUM TO: Mayor and Council City of Denton FROM: North Texas Higher Education Authority, Inc. DATE: April 27, 2010 SUBJECT: Request for Approval of Issuance of Tax-Exempt Student Loan Revenue Bonds As you know, the North Texas Higher Education Authority, Inc. (NTHEA) is required by law to obtain approval from its sponsoring cities for issuances of debt to finance its student loan secondary market program activities. The Authority last came to you in March and June 2008 for approval of: • Issuance of up to $245 million in tax-exempt bonds for refunding outstanding bonds and purchases of loans • Issuance of up to $100 million in taxable bonds for refunding outstanding bonds and purchases of loans • Issuance of up to $660 million in refunding bonds to refinance currently outstanding Ambac insured bonds • Authorization to apply for up to $200 million in Private Activity Bond Allocation Carryforward EXHIBIT 1 The Authority actually issued $209 million in student loan bonds in 2008. It also applied for and received $50 million in carryforward allocation pursuant to the authorization of the City and $208 million in carryforward allocation that did not require City authorization. The Authority is now seeking City approval to issue up to $220 million in bonds using its carryforward. The bonds will be used to provide permanent financing for the portfolios of student loans now being financed under two interim lines of credit that are expiring. The credit market for student loan bonds has not improved much since 2008; however, the Authority's financial team has structured a new type of student loan financing (tax-exempt LIBOR floating rate bonds) which it expects to be successful. The estimated closing date for the issuance is May 20, 2010. In addition, NTHEA is requesting City authorization to apply for a Carryforward of 2010 Private Activity Bond Allocation in the amount of $200 million. If received, this allocation will be used to assist in the restructuring of future bonds as necessary. The Authority currently has outstanding approximately $370 million in Ambac insured bonds that need to be restructured later this year. NTHEA will be seeking your approval of this financing within a few months. The attached summary will provide you with details of the Authority's historical financing activities. Also, you may be interested to know that to date; NTHEA has acquired loans aggregating approximately $3.2 billion, of which approximately $1.6 billion is currently outstanding. As is stated in the Resolution, the City is not responsible for the Authority's student loan program, nor does it have any obligation to pay principal or interest on the Authority's bonds. As always, the City's support is gratefully acknowledged. NTHEA is proud to be in the sponsorship of a council who believes strongly in its stated purpose of providing students access to financial assistance for higher education. City of Denton memo 2 EXHIBIT 1 Should you have any questions or require further information, please contact: Kathryn Bryan, Executive Director and Assistant Secretary North Texas Higher Education Authority, Inc. 1250 East Copeland Road, Suite 200 Arlington, TX 76011-4921 (817) 265-915 Enclosure City of Denton memo EXHIBIT 1 NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC. FINANCING ACTIVITIES December 1979-April 2010 Tax-Exempt Financings: Current Outstanding Credit Date Type Amount Purpose Balance Provider 1979 Series A $ 10,000,000 New Loan Purchases $ -0- None 1980 Series B 6,000,000 New Loan Purchases -0- None 1982 Series A 11,845,000 Refund Series A&B -0- AMBAC 1982 Series B 25,000,000 New Loan Purchases -0- AMBAC 1983 Series A&B 50,000,000 New Loan Purchases -0- AMBAC 1985 Series A 23,100,000 Refund 1982B -0- AMBAC Refinance Loans Held Under Line of Bank of 1987 Series 1987 98 000 000 -0- , , Credit America Refinance Loans Held Under Line of 1990 Series 1990 50 000 000 -0- , , Credit Lloyds Bank Refinance West Texas Debt/New Loan AMBAC/ 1991 Series 1991A-F 153 500 000 50 000 000 , , Purchases , , Lloyds Bank 1991 Series 1991G 90,000,000 Refinance West Texas Debt -0- Mitsubishi Refinance 1991G Bonds/New Loan 1993 Series 1993A-D 140 000 000 30 500 000 , , Purchases , , DEPFA Refinance Portion of 1991 Bonds/New AMBAC/ 1996 Series 1996A-D 43 000 000 35 000 000 , , Loan Purchases , , Lloyds Bank Refinance Portion of 1993 Bonds/New Bank of 1998 Series 1998 40 815 000 35 000 000 , , Loan Purchases , , America Refinance Portion of 1991 & 1993 Bonds Bank of 2000 Series 2000A 67 580 000 -0- , , and Line of Credit America Bank of 2000 Series 2000B 35 000 000 New Loan Purchases 35 000 000 , , , , America Refinance Portion of 1993 Bonds/ New 2001 Series 2001A 39 545 000 31 840 000 , , Loan Purchases , , Lloyds Bank 2003 Series 2003 73,400,000 Refinance Portion of 1993 & 2000 Bonds 1,000,000 Lloyds Bank 2004 Series 2004 42,000,000 Refinance Portion of 1990 & 2001 Bonds 42,000,000 Lloyds Bank Purchase Loans from 1990 1993 and AMBAC/ 2005 Series 2005A 103 600 000 , -0- , , BOA LOC/New Loans DEPFA Refinance 1987 2000A and Portion of Bank of 2005 Series 2005C 98 800 000 , 98 800 000 , , 1998/ New Loan Purchases , , America AMBAC/ 2006 Series 2006A 51 345 000 New Loan Purchases 51 345 000 , , , , Lloyds Bank 2007 Series 2007A 54 780 000 New Loan Purchases 54 780 000 Bank of , , , , America Finance activities - 2010 2008 Series 2008A-13 Total Tax Exempt Financings 196,100,000 Refinance 2003A1, 200313, 2005A and Portion of 2005B $1,503,410,000 EXHIBIT 1 131,600,000 DEPFA $596, 865,000 Finance activities - 2010 EXHIBIT 1 NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC. FINANCING ACTIVITIES December 1979-April 2010 Taxable Financings: Current Outstanding Credit Date Type Amount Purpose Balance Provider New Loan Purchases and to 1986 Line of Credit $ 90,000,000 Refinance Loans Held Under $ -0- Fuji Bank Series 1983A and 1983B 1989 Line of Credit 100,000,000 New Loan Purchases -0- Sallie Mae Interim Financing of Loans for 1990 Line of Credit 50 000 000 -0- Bank One , , 1990 Bonds 1995 Four-year 25 000 000 New Loan Purchases -0- Sallie Mae Advance , , 1996 Line of Credit 50,000,000 New Loan Purchases -0- Fuji Bank 2000 Line of Credit 100,000,000 New Loan Purchases 96,175,000 Bank of Ainerica New Loan Purchases and to DEPFA 2002 Series 2002 155,000,000 Refinance SLMA Line of Credit 155,000,000 Indenture DEPFA 2003 Series 2003 30,000,000 New Loan Purchases 30,000,000 Indenture DEPFA 2003-2 Series 2003-2 150,000,000 New Loan Purchases 150,000,000 Indenture AMBAG/ 2005 Series 2005B 71,400,000 New Loan Purchases -0- DEPFA Bank of Ainerica 2005 Series 2005D 101,200,000 New Loan Purchases 101,200,000 Indenture AMBAG 2006 Series 2006BC 148,655,000 New Loan Purchases 87,155,000 Llovds Bank AMBAC/Lloyds 2006 Series 2006D 200,000,000 New Loan Purchases 147,000,000 Bank Bank of Ainerica 2007 Series 2007B 95,300,000 New Loan Purchases 95,300,000 Indenture 2007 Line of Credit 85,000,000 New Loan Purchase 72,150,000 Frost Bank DEPFA 2008 Series 2008C 12,900,000 Refinance Partial 2005B -0- Indenture Total T axable Financings $1,464,455,000 $933,980,000 TOTAL FINANCINGS $2,967,865,000 $1,530,845,000 Finance activities - 2010 CERTIFICATE OF SECRETARY THE STATE OF TEXAS § COUNTY OF DENTON § CITY OF DENTON § following: I, the undersigned, Secretary of the City of Denton, Texas do hereby certify the 1. On the day of , 2010, the City Council of the City of Denton, Texas convened in regular session at its regular meeting place in Ci Hall, with the duly constituted members of the City Council being as follows: Mark Burroughs Mayor Charlye Heggins Council Member, District I Dalton Gregory Council Member, District 2 Jim Engelbrecht Council Member, District 3 Chris Watts Council Member, District 4 Pete Kamp Council Member, At Large Place 5 and Mayor Pro Tem Joe Mulroy Council Member, At Large Place 6 and all Council Members were present at said meeting, except the following: Among other business considered at said meeting, the attached resolution, entitled: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF BONDS BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH BONDS AND THE USE OF THE PROCEEDS OF SUCH BONDS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH was introduced and submitted to the Council for approval and passage. After presentation and due consideration of the resolution, and upon a motion by , seconded by , the resolution was duly passed and adopted by the City Council, to be effective immediately, by the following vote: voted "For" voted "Against" abstained all as stated in the official Minutes of the City Council for the meeting held on the aforesaid date. 50305802.1 1 2. The attached resolution is a true and correct copy of the original resolution on file in the official records of the City of Denton, Texas. The duly qualified and acting members of the City Council of the City of Denton, Texas, on the date of the aforesaid Council meeting are those persons above named; and according to the records of my office, each member of the City Council was given advance notice of the time, place and purpose of the meeting, and that said meeting and deliberation of the aforesaid public business was open to the public, and written notice of said meeting, including the subject of the entitled resolution, was posted and given in advance thereof, in compliance with the provisions of Chapter 551, Texas Government Code. IN WITNESS THEREOF, I have hereunto signed my name officially and affixed the seal of said City, this the day of , 2010. Jennifer Walters, City Secretary City of Denton, Texas (Seal) 50305802.1 RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF BONDS BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH BONDS AND THE USE OF THE PROCEEDS OF SUCH BONDS; RECOGNIZING THAT THE CITY HAS NO FINANCIAL OBLIGATION TO PAY ANY PRINCIPAL OR INTEREST ON THE BONDS, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, North Texas Higher Education Authority, Inc. (the "Authority") was established as a non-profit corporation pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthering educational opportunities of students by providing funds to purchase or to make guaranteed student loans; and WHEREAS, the City of Denton and the City of Arlington have requested the Authority to exercise the powers provided for in Section 53B.47 of the Texas Education Code, as amended; and WHEREAS, pursuant to such request, the Authority has issued student loan revenue bonds or otherwise borrowed money to obtain funds to purchase or make student loans which are guaranteed under the provisions of the Higher Education Act of 1965, as amended; WHEREAS, the Authority requests that the City now approve the issuance of bonds to provide long-term financing for student loans which the Authority has financed through the use of interim lines of credit and to provide financing to purchase additional student loans; WHEREAS, the Authority anticipates using its 2008 Private Activity Bond Allocation Carryforward for such bonds; and WHEREAS, the City wishes to approve the issuance of the Authority's bonds provided that City is not responsible in any way for such bonds, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: (a) The City Council of the City of Denton, Texas, hereby grants its approval to the North Texas Higher Education Authority, Inc. to issue and deliver during 2010 student loan revenue bonds, in one or more series, in an amount not to exceed $220,000,000. The bonds are to be issued to refund outstanding interim financing of the Authority used to purchase guaranteed student loans, to provide funds to purchase additional guaranteed student loans, to set aside the amount the Authority determines is necessary for payment of interest on the bonds and for operating costs and a debt service reserve, and to pay the cost of issuing the bonds, in accordance with the laws of the State of Texas, including Chapter 53B, Texas Education Code. SECTION 2. The City Council of the City of Denton, Texas, hereby grants its approval to the application of North Texas Higher Education Authority, Inc. for a 2010 Private 50305802.1 Activity Bond Allocation Carryforward in an amount not to exceed $200,000,000, and hereby authorizes the Mayor to execute such application. SECTION 3. The City of Denton, Texas requests that the Authority exercise the powers enumerated and provided for in Section 53B.47, Texas Education Code, as amended, and that such non-profit corporation shall, in this connection, exercise such powers for and on behalf of the City of Denton, Texas and the State of Texas, as contemplated by Section 53B.47(e), (f) and (g), Texas Education Code, as amended. SECTION 4. The City of Denton, Texas does not agree to assume any responsibility in connection with the administration of the Authority's student loan program. Sole responsibility for the administration of the Authority's student loan program is assumed by the Authority. SECTION 5. Further, it is recognized by the City of Denton, Texas that the instruments which authorize the issuance of bonds, notes, or obligations by the Authority will specifically state that the City of Denton, Texas is not obligated to pay the principal of or interest on the bonds, notes, or obligations proposed to be issued by the Authority. Nothing in this resolution shall be construed as an indication by the City of Denton, Texas that it will pay or provide for the payment of any obligations of said Authority whether theretofore or hereafter incurred; and in this connection, attention is called to the Constitution of the State of Texas, wherein it is provided that a city may incur no indebtedness without having made provisions for its payment, and the City Council of the City of Denton, Texas hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Authority. SECTION 6. It is hereby officially found and determined that the meeting at which this resolution is passed is open to the public, as required by law, and that public notice of the time, place and purpose of said meeting was posted, as required by law. SECTION 7. This resolution shall become effective immediately upon its passage and approval. X0305802.1 2 PASSED AND APPROVED this the day of , 2010. MARK BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO FORM: ANITA BURGESS, CITY ATTORNEY BY: 50305802.1 This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider the adoption of an ordinance of the City of Denton, Texas, naming the park property located at 6100 Sun Ray Drive, SPC Ernest W. Dallas, Jr. Veterans Memorial Park, and declaring an effective date. (Parks, Recreation and Beautification Board recommend approval 6-0.) BACKGROUND A Park Naming Request was submitted for the naming of a park or sport field in honor of United States Army Specialist Ernest W. Dallas, Jr. who lost his life in Iraq on July 24, 2005. A committee was formed by the Parks, Recreation and Beautification Board to research the request and make recommendation to the Board in early 2010. A meeting for public comment was held on April 5, 2010. PRIOR ACTION/REVIEW (Council, Boards or Commission) The initial report of the committee rejected the request, and the Board voted 6-0 on March 1, 2010 to reject the request. A public comment meeting should have been held prior to the vote, so the meeting was scheduled and held before the regularly scheduled Park Board meeting on April 5, 2010. The Board voted to rescind the previous vote and during the second vote the request passed with a vote of 6-0. RECOMMENDATION Staff recommends approving the request and naming the park property located at 6100 Sun Ray Drive, Denton, TX as Specialist Ernest W. Dallas, Jr. Veterans Memorial Park. F,XHIRITS 1. Park Naming Request 2. Parks, Recreation and Beautification Board Meeting Minutes April 5, 2010 3 . Ordinance Respectfully submitted: m- 0W Emerson Vorel, Director Parks and Recreation Department CITY M'DENTON NANIF N 0 N1 I N ATION FO R N1 Nai nine, Of E_e.IMIllill- of Parks, City Facilkics or ` pcCific .Facilitics 0) Reco.gi irc- an hidivi€luall C)r> gmizadon or 0(het Entity Pl_e am- (VI)e or prilit Clearly ill ixrlc 9alA ~-~~tin'li to: G 1 @T )Civ~ sS 'n R",-it""a-1l'1 'jml-,l of PlICd, oll 11_;(_1 CO, 0i-y' Kill (""('W 0" i.!ii?C'f"f'17C 1. Date ( Sub1-111Ha11. - Indi',.'lt'U ll or Ogyalll :ltlo-,n t1.1)IlliftlI ' I ICFllllllai11:11'. 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DRAFT Parks, Recreation and Beautification Board Minutes April 5, 2010 Civic Center Community Room Members present: Carol Brantley, Vicki Byrd, Derrick Murray, Janet Shelton, Mike Simmons, Jennifer Wages Members absent: None Staff present: Emerson Vorel, Bob Tickner, Janie McLeod, Jim Mays, Amanda Green, and Lindsey Baker, City Manager's Office WORK SESSION 1. Derrick Murray, vice chairperson, called the Special Called meeting to order at 6:03 p.m. Thirteen people filled out a Request to Address an Agenda Item card. Those addressing the Park Board were all in support of naming the park in the Preserve at Pecan Creek after United States Anny Specialist Ernest W. Dallas, Jr., Denton's first casualty in the Iraq war. A representative of the neighborhood was also in support of the park naming proposal. A prior effort by some in the group was to get Dallas Drive renamed in honor of Army Spc. Dallas. Lindsey Baker, assistant to the city manager, explained that Dallas Drive is a state highway and city leaders are waiting on the Legislature to act. After the last person spoke, the Board convened for its regular meeting at 7:00 p.m. REGULAR MEETING 1. CALL TO ORDER - After the call to order, it was moved that a change in the agenda be entertained to allow for the Action Item 4. A., regarding the park property, naming, to be moved to the first item so that those staying after the Special Called meeting would be aware of anv action taken in conjunction with the item to name a park property after Spc. Dallas. It was moved by Simmons that the agenda be so revised, Shelton seconded the motion and the agenda was revised. 4. ACTION ITEMS: c) Receive a report, hold discussion and provide staff direction regarding naming of a park property, located at 6100 Sun Ray Drive, Denton, Texas, after United States Army Specialist Ernest W. Dallas, Jr., an Iraq war casualty and take appropriate action. - Following the special called meeting and the public comments, the Board wanted to set aside the motion made at the March 1, 2010 meeting and take a new vote. Several Board members apologized to those that saw their first vote as a sign of disrespect. Their intent was to honor Spc. Dallas in some sway, but they wanted the city to explore other options to honor him. MOTION: Simmons made a motion to recommend that the request to name the park property, at 6100 Sun Ray Drive Specialist Ernie Dallas, Jr. Veterans Memorial Park be accepted and presented to City Council for their approval. Wages seconded the motion and it carried with a vote of 6-0. Due to previous commitments, Mr. Simmons excused himself for the rest of this meeting after this vote and the Board took a recess. The meeting resumed at 7:25 p.m. 2. APPROVAL OF MINUTES OF March 1, 2010 MEETING: Murray asked the Board to review last month's minutes for changes. Hearing none, Shelton made a motion that the minutes would stand as written, Brantley seconded the motion and it carried with a vote of 5-0. 3. AWARDS AND RECOGNITIONS: - This item was tabled until the honoree could be in attendance. 4. ACTION ITEMS: a) Sale of Alcoholic Beverages at Cinco de Mayo - This is the annual request for the sale of alcoholic beverages at the Cinco de Ma-yo Celebration in Quakertown Park. This year the committee selected La Mexicana Restaurant who will be responsible for obtaining all necessary, permits, licenses and rental of booth space. MOTION: Murray asked for a motion recommending that La Mexicana Restaurant be the sole participant allowed to sell alcoholic beverages at Cinco de Mayo Celebration on May 1, 2010. Shelton made the motion to approve the recommendation, Wages seconded and the motion carried with a vote of 5-0. b) Sale of Alcoholic Beverages at Arts and Jazz Festival -This request by the Denton Festival Foundation to allow ProFest, Inc. to sell alcoholic beverages at the Denton Arts and Jazz Festival, is being made for three consecutive vears, as was done in 2007. Pro-Fest, Inc., made up of members of the Denton Festival Foundation, will be responsible for all necessary permits, licenses and rental of booth space. Byrd asked if other vendors needed to be able to compete for this event. It was explained to her that this event is organized by the Denton Festival Foundation, not the Citv so bids are not required. MOTION: Murray asked for a motion recommending Pro-Fest, hlc. to be the sole proprietor allowed to sell alcoholic beverages at the Denton Arts and Jazz Festival for three consecutive years, starting April 23- 25, 2010 and ending April 27-29, 2012. Shelton made the motion to recommend, Wages seconded and the motion passed with a vote of 5-0. 5. OTHER BUSINESS: A. Parks Department Projects Status Report No comments on this report. B. Keep Denton Beautiful Update Great American Cleanup - Shelton asked what attributed to the increase in volunteers for this year's events. It was pointed out that the new staff is very aggressive in getting their events promoted to the community. C. Public Art Committee Meeting Minutes Draft -February 13, 2010 Vorel commented that the new black and white photos for City Hall East will be hung in the very near future. With no further items on the agenda, Murray adjourned the meeting at 7:35 p.m. r scour documentslordinanccs1101ordinance to name park at 6100 sun ray drafter spc ernest w dallas jr.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, NAMING THE PARK PROPERTY LOCATED AT 6100 SUN RAY DRIVE, SPC ERNEST W. DALLAS JR. VETERANS MEMORIAL PARK, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton desires to name the park property at 6100 Sun Ray Drive in honor of SPC Ernest W. Dallas Jr., in accordance with the Park and Facilities Naming Policy; and WHEREAS, the chairperson for the Parks and Recreation Board appointed a committee to develop a recommendation for naming the park property at 6100 Sun Ray Drive; and WHEREAS, after receiving the required public comment, the naming committee proposed that the park property at 6100 Sun Ray Drive be named the "SPC Ernest W. Dallas Jr. Veterans Memorial Park"; and WHEREAS, the Parks and Recreation Board recommends that the park property at 6100 Sun Ray Drive be named the "SPC Ernest W. Dallas Jr. Veterans Memorial Park"; and WHEREAS, the City Council has determined that the recommendation complies with the policy and guidelines regarding the naming of parks and park facilities and has also determined that it would be proper and fitting to name the park property at 6100 Sun Ray Drive the "SPC Ernest W. Dallas Jr. Veterans Memorial Park"; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The park property located at 6100 Sun Ray Drive shall now and hereafter be known and designated as "SPC Ernest W. Dallas Jr. Veterans Memorial Park". SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: s:lour documentslordinances1101ordinance to name park at 6100 sun ray drafter spc emest w dallas jr.doc APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a Real Estate Contract Of Sale between the City of Denton and McKenna Park Congregation of Jehovah's Witnesses, and any other documents necessary to acquire an approximate 3.779 acres of land located in the Thomas Toby Survey, Abstract Number 1288, Denton County Texas, and being a portion of Lot 1, Block 1 of Lake Cities Addition, an Addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet N, Page 320, Plat Records, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. (Magnolia Street Area - Upstream Storm Water Detention Project). The Public Utility Board recommends approval (4-0). BACKGROUND The approximate 3.779 acres of land is located just north of the Jehovah's Witness Church facilities on Windsor Drive. The purpose for acquiring this tract is to reduce the neighborhood flooding downstream. This will be accomplished by the establishment of a detention pond and related enhancements to the existing drainage channel, which is located along the church's west property line. It is anticipated that formal closing and funding will occur in August 2010, and construction of the contemplated improvements will commence shortly thereafter. OPTIONS 1. Approve the proposed Ordinance. 2. Not approve the proposed Ordinance. 3. Table for future consideration. RECOMMENDATION Staff recommends approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) PUB April 26, 2010 - PUB Recommends approval of the Ordinance (4-0) FISCAL INFORMATION $120,000.00 purchase price plus transaction closing costs. BID INFORMATION None EXHIBITS 1. Ordinance 2. Location Map 3. PUB Minutes Respectfully submitted, Jimmy D. Coulter Director of Water/Wastewater Water Administration Prepared by, Pamela G. England Real Estate Specialist sAour documentslordinances1101magnolia acquisition ordinance.doc ORDINANCE NO.2010- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A REAL ESTATE CONTRACT OF SALE BETWEEN THE CITY OF DENTON AND MCKENNA PARK CONGREGATION OF JEHOVAH'S WITNESSES, DENTON, TEXAS, AND ANY OTHER DOCUMENTS NECESSARY TO ACQUIRE AN APPROXIMATE 3.779 ACRES OF LAND AND AN APPROXIMATE .127 ACRE TEMPORARY CONSTRUCTION AND ACCESS EASEMENT, LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NUMBER 1288, AND THE B.B.B. AND C. R.R. COMPANY SURVEY, ABSTRACT NO. 186, DENTON COUNTY TEXAS, AND BEING A PORTION OF LOT 1, BLOCK I OF LAKE CITIES ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET N, PAGE 320, PLAT RECORDS, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute a Contract of Sale between the City of Denton and McKenna Park Congregation of Jehovah's Witnesses, Denton, Texas, attached hereto and made a part hereof as Exhibit "A" {the "Contract"}, with a purchase price of $120,000.00 plus closing costs as prescribed in the Contract, and any other documents necessary for the acquisition of an approximate 3.779-acre tract of land and an approximate .127-acre temporary constriction and access easement, as more particularly described therein. The property is being acquired for detention pond and drainage improvements. SECTION 2. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: scour documentslordinances1101magnolia acquisition ordinance.doc APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY .it By: EXHIBIT A CONTRACT OF SALE STATE OF TEXAS § COUNTY OF DENTON § This Contract of Sale (the "Contract") is made this day of , 2010, effective as of the date of execution hereof by Buyer, as defined herein (the "Effective Date"), by and between McKenna Park Congregation of Jehovah's Witnesses, Denton, Texas (referred to herein as "Seller") and the CITY OF DENTON, TEXAS, a Home Rule Municipal Corporation of Denton County, Texas (referred to herein as "Buyer"). RECITALS WHEREAS, Seller owns those certain lands being more particularly described on Exhibit "A", attached hereto and made a part hereof for all purposes, being located in Denton County, Texas (the "Land"); WHEREAS, Seller owns those certain lands, being more particularly described on Exhibit "B", attached hereto and made a part hereof for all purposes, being located in Denton County, Texas (the "Easement Land"); WHEREAS, Seller desires to sell to City, and City desires to buy from Seller, the Land, subject to the reservations made herein, together with any and all rights or interests of Seller in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances to the Land (collectively, the "Property"); and WHEREAS, Seller desires to sell to City, and City desires to buy from Seller, a Temporary Construction and Access Easement in, on, under, over and across the Easement Land (the "Easement'). ARTICLE I SALE OF PROPERTY 1.01 Sale of Property. For the consideration hereinafter set forth, and upon the terms, conditions and provisions herein contained, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the Property. Seller, subject to the limitation of such reservation made herein, shall reserve, for itself, its successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Seller, its successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated hydrocarbons) that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. 1.02 Sale of Easement. For the consideration hereinafter set forth, and upon the terms, conditions and provisions herein contained, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from the Seller, the Easement. ARTICLE II PURCHASE PRICE AND EARNEST MONEY 2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property and the Easement is the sum of One Hundred Twenty Thousand and No/100 Dollars ($120,000.00) (the "Purchase Price"). 2.02 Earnest Money. Buyer shall deposit the sum of Five Thousand and No/100 Dollars ($5,000.00), as Earnest Money (herein so called) with Title Resources of Denton County, LLC, located at 1112 Dallas Drive, Suite 402, Denton, Texas 76205-5124 (the "Title Company"), as escrow agent, upon execution of this Contract by Seller and Buyer. All interest earned thereon shall become part of the Earnest Money and shall be applied or disposed of in the same manner as the original Earnest Money deposit, as provided in this Contract. If the purchase contemplated hereunder is consummated in accordance with the terms and the provisions hereof, the Earnest Money, together with all interest earned thereon, shall be applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the interest accrued thereon, shall be disposed of by the Title Company as provided in this Contract. Contract of Sale Page 2 of 27 2.03 Independent Contract Consideration. Within fourteen (14) calendar days after the Effective Date, as defined below, Buyer shall deliver to Seller a check in the amount of One Hundred and No/100 Dollars ($100.00) (the "Independent Contract Consideration"), which amount the parties hereby acknowledge and agree has been bargained for and agreed to as consideration for Seller's execution and delivery of the Contract. The Independent Contract Consideration is in addition to, and independent of any other consideration or payment provided in this Contract, is non-refundable, and shall be retained by Seller notwithstanding any other provision of this Contract. ARTICLE III TITLE AND SURVEY 3.01 Title Commitment. (a) Within twenty (20) calendar days after the Effective Date, Seller, at Seller's sole cost and expense, shall cause to be furnished to Buyer a current Commitment for Title Insurance (the "Title Commitment") for the Property, issued by Title Company. The Title Commitment shall set forth the state of title to the Property, including a list of liens, mortgages, security interests, encumbrances, pledges, assignments, claims, charges, leases (surface, space, mineral, or otherwise), conditions, restrictions, options, severed mineral or royalty interests, conditional sales contracts, rights of first refusal, restrictive covenants, exceptions, easements (temporary or permanent), rights-of-way, encroachments, or any other outstanding claims, interests, estates or equities of any nature (each of which are referred to herein as an "Exception"). (b) Along with the Title Commitment, Seller shall also cause to be delivered to Buyer, at Seller's sole cost and expense, true and correct copies of all instruments that create or evidence Exceptions, including those described in the Title Commitment as exceptions to which the conveyance will be subject and/or which are required to be released or cured at or prior to Closing. 3.02 Survey. Within thirty (30) calendar days after the Effective Date, Seller shall cause to be prepared and furnished to Buyer, at Buyer's expense, a current on the ground survey of the Property (the "Survey"). The Survey shall depict the location of all roads, streets, easements and rights of way, both on and adjoining the Property, water courses, 100 year flood plain, fences and improvements and structures of any kind. The Survey shall further describe the size of the Property, in acres, and contain a metes and bounds description thereof. Seller shall furnish or cause to be furnished any affidavits, certificates, assurances, and/or resolutions or amended or revised survey(s) as required by the Title Company in order to amend the survey exception as required by Section 3.05 below. The description of the Property as set forth in (i) the conveyance plat, as required in Section 5.03(d), below; or (ii) the Survey, at the Buyer's election, shall be used to describe the Property in the deed to convey the Property to Buyer and shall be the description set forth in the Title Policy. Contract of Sale Page 3 of 27 3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall have a period of fifteen (15) calendar days (the "Title Review Period") commencing with the day Buyer receives the last of the Title Commitment, the Survey, and the Exception documents, in which to give written notice to Seller, specifying Buyer's objections to one or more of the items ("Objections"), if any. All items set forth in the Schedule C of the Title Commitment, and all other items set forth in the Title Commitment which are required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be Objections without any action by Buyer. 3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall, within twenty (20) calendar days after Seller is provided notice of Objections, either satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in writing of the Objections that Seller cannot or will not satisfy at Seller's expense. Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure those Objections or Exceptions that have been voluntarily placed on or against the Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any Objections that Seller is not obligated to cure within the allowed twenty (20) calendar day period, and if Buyer does not agree in writing to an extension of that period, said extension to not exceed an additional thirty (30) days, then Buyer has the option of either: (a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller prior to Closing, in which event those Objections shall become Permitted Exceptions (herein so called), or (b) terminating this Contract by notice in writing prior to Closing and receiving back the Earnest Money, in which latter event Seller and Buyer shall have no further obligations, one to the other, with respect to the subject matter of this Contract. 3.05 Title Policy. At Closing, Seller, at Seller's sole cost and expense, shall cause a standard Texas Owner Policy of Title Insurance ("Title Policy") to be furnished to Buyer. The Title Policy shall be issued by the Title Company, on behalf of Title Resources Guaranty Company, in the amount of the Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property, subject only to the Permitted Exceptions and, if requested by Buyer, contain a T-19.1, T-19.2, or T-19.3 Endorsement, as applicable, with no amendment. The Title Policy may contain only the Permitted Exceptions and shall contain no other exceptions to title, with the standard printed or common exceptions amended or deleted as follows: (a) survey exception must be amended if required by Buyer to read "shortages in area" only (although Schedule C of the Title Commitment may condition amendment on the presentation of an acceptable survey and payment, to be borne solely by Buyer, of any required additional premium); (b) no exception will be permitted for "visible and apparent easements" or words to that effect (although reference may be made to any specific easement or use Contract of Sale Page 4 of 27 shown on the Survey, if a Permitted Exception); (c) no exception will be permitted for "rights of parties in possession"; (d) no lien will be shown on Schedule B. Notwithstanding the enumeration of the following exceptions, amendments and/or deletions, Buyer may object to any Exception it deems material, in its sole discretion. ARTICLE IV FEASIBILITY REVIEW PERIOD AND IMPROVEMENTS 4.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during the period commencing with the Effective Date of this Contract and ending forty-five (45) calendar days thereafter (the "Absolute Review Period"), based on such tests, examinations, studies, investigations and inspections of the Property the Buyer deems necessary or desirable, including but not limited to studies or inspections to determine the existence of any environmental hazards or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for Buyer's purposes. Buyer is granted the right to conduct engineering and/or market and economic feasibility studies of the Property, and to conduct a physical inspection of the Property, including inspections that invade the surface and subsurface of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable, for any reason, for Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as reasonably practicable, but in any event prior to the expiration of the Absolute Review Period, in which case the balance of the Earnest Money will be returned to Buyer, after the payment of Seller's actual out-of- pocket expenses, not to exceed the sum of Five Thousand and no/100 Dollars ($5,000) ("Seller's Expenses") by the Title Company, and neither Buyer nor Seller shall have any further duties or obligations hereunder. In the event Buyer elects to terminate this Contract pursuant to the terms of this Section 4.01, Buyer will provide to Seller copies of (i) any and all non-confidential and non-privileged reports and studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey. ARTICLE V REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS 5.01 Representations and Warranties of Seller. To induce Buyer to enter into this Contract and consummate the sale and purchase of the Property and Easement in accordance with the terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective Date and as of the Closing Date, except where specific reference is made to another date, that: (a) The descriptive information concerning the Property and Easement Land set forth Contract of Sale Page 5 of 27 in this Contract is complete, accurate, true and correct. (b) There are no adverse or other parties in possession of the Property or Easement Land or any part thereof, and no parry has been granted any license, lease or other right related to the use or possession of the Property or Easement Land , or any part thereof, except those described in the Leases, as defined in Section 5.03(x). (c) The Seller has good and indefeasible fee simple title to the Property, subject only to the Permitted Exceptions. (d) The Seller has the full right, power, and authority to sell and convey the Property and to execute and deliver the Easement as provided in this Contract and to carry out Seller's obligations hereunder. (e) The Seller has not received notice of, and has no other knowledge or information of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Property or Easement Land. (f) The Seller has disclosed to Buyer in writing of any and all facts and circumstances relating to the physical condition of the Property or Easement Land that may materially and adversely affect the Property or Easement Land and operation or intended operation thereof, or any portion thereof, of which Seller has knowledge. (g) The Seller has paid all real estate and personal property taxes, assessments, excises, and levies that are presently due, if any, which are against or are related to the Property, or will be due as of the Closing, and the Property will be subject to no such liens. (h) Seller has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction or taken any action which would result in any real estate broker commissions or finder's fee or other fees payable to any other party with respect to the transactions contemplated by this Contract. (i) To the best of Seller's knowledge, there has not occurred the disposal or release of any Hazardous Substance on or from the Property or Easement Land. As used in this Contract, "Hazardous Substance" means and includes all hazardous and toxic substances, waste or materials, and any pollutant or contaminant, including without limitation, PCB's, asbestos, asbestos-containing material, petroleum products and raw materials that are included under or regulated by any Environmental Law or that would or may pose a health, safety or environmental hazard. Contract of Sale Page 6 of 27 As used in this Contract, "Environmental Law" means and includes all federal, state, and local statutes, ordinances, regulations and rules presently in force or hereafter enacted relating to environmental quality, contamination, and clean-up of Hazardous Substances, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et seq.), as amended by the Superfund Amendments and Reauthorization Act of 1986, the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), as amended, and state superlien and environmental clean-up statutes and all rules and regulations presently or hereafter promulgated under or related to said statutes, as amended. (j) All Leases, as defined in Section 5.03(x), shall have expired or otherwise terminated and any and all tenants shall have permanently abandoned and vacated the Property and Easement Land on or before the date of Closing. 5.02 Representations and Warranties of Buyer. To induce Seller to enter into this Contract and consummate the sale and purchase of the Property and Easement in accordance with the terms and provisions herewith, Buyer represents and warrants to Seller as of the Effective Date and as of the Closing Date, except where specific reference is made to another date, that: (a) To the best of Buyer's knowledge, the descriptive information concerning the Property and Easement Land set forth in this Contract is complete, accurate, true and correct. (b) The Buyer has the full right, power, and authority to buy and purchase the Property and Easement as provided in this Contract and to carry out Buyer's obligations hereunder. (c) The Buyer has not received notice of, and has no other knowledge or information of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Property or Easement Land. (d) Buyer has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction or taken any action which would result in any real estate broker commissions or finder's fee or other fees payable to any other party with respect to the transactions contemplated by this Contract. 5.03 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as follows: (a) Unless stated otherwise, prior to the Effective Date hereof, or within ten (10) days after the Effective Date, Seller, at Seller's sole cost and expense, shall deliver to Buyer, with respect to the Property and Easement Land, true, correct, and complete copies of the Contract of Sale Page 7 of 27 following: (i) All lease agreements and/or occupancy agreements and/or licenses of any kind or nature (if oral, Seller shall provide to Buyer in writing all material terms thereof) relating to the possession of the Property or Easement Land, or any part thereof, including any and all modifications, supplements, and amendments thereto (the "Leases"). (ii) All oil, gas and/or mineral leases, environmental audits, soil tests and engineering and feasibility reports, including any and all modifications, supplements and amendments thereto, with respect to the Property or Easement Land that Seller possesses or has the right to receive. (b) From the Effective Date until the date of Closing or earlier termination of this Contract, Seller shall: (i) Not enter into any written or oral contract, lease, easement or right of way agreement, conveyance or any other agreement of any kind with respect to, or affecting, the Property that will not be fully performed on or before the Closing or would be binding on Buyer or the Property after the date of Closing. (ii) Advise the Buyer promptly of any litigation, arbitration, or administrative hearing concerning or affecting the Property. (iii) Not take, or omit to take, any action that would result in a violation of the representations, warranties, covenants, and agreements of Seller. (iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or to the Property or Easement Land, or create, or permit to exist, any lien, encumbrance, or charge thereon. (c) Seller to indemnify and hold Buyer harmless, to the extent permitted by law, from all loss, liability, and expense, including, without limitation, reasonable attorneys' fees, arising or incurred as a result of any liens or claims resulting from labor or materials furnished to the Property or Easement Land under any written or oral contracts arising or entered into by Seller prior to Closing. Notwithstanding anything contained in this Contract, the provisions of this Section 5.03(c) shall survive the Closing. 5.04 Covenants and Agreements of Buyer. Buyer covenants and agrees with Seller as follows: (a) Buyer covenants and agrees that in its use of the Property it shall build a suitable fence ("Fence") to be located along the south property line of the Land. The Fence shall be approximately 6 feet in height and constructed of chain link that Contract of Sale Page 8 of 27 has been treated with green powder coating. The Fence will have a gate located across the existing 8 foot sanitary sewer easement for ingress, egress and regress to the Land. (b) Buyer acknowledges that Seller's use of the remainder of the Property is important and the maintenance, in a reasonable manner, so as to prevent the Property from becoming an eyesore with, for example, overgrown weeds, and Buyer will use its best effort to keep the Property which it is purchasing reasonably maintained. (c) Buyer to indemnify and hold Seller harmless, to the extent permitted by law, from all loss, liability, and expense, including, without limitation, reasonable attorneys' fees, arising or incurred as a result of any written or oral contracts affecting the Property or Easement Land arising or entered into by Buyer prior to Closing. Notwithstanding anything contained in this Contract, the provisions of this Section 5.04(c) shall survive the Closing. (d) Buyer shall, prior to Closing, have obtained approval of a conveyance plat of the Property from the Planning and Zoning Commission or the Development Review Committee in accordance with the terms of the Denton Development Code, including without limitation, Sections 35.16.6, 35.16.17, 35.16.17.1 and '15.16.17.2 thereof. 5.05 No Survival Beyond Closing. Except as expressly provided to the contrary, the representations, warranties, covenants and agreements of Seller and Buyer contained in this Contract shall not survive the Closing, and shall be merged with the Special Warranty Deed, as described in Section 7.02(x). ARTICLE VI CONDITIONS PRECEDENT TO PERFORMANCE 6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under this Contract unless, within the designated time periods, at Seller's sole cost and expense (except as herein expressly provided to the contrary), all of the following shall have occurred: (a) Seller has performed, furnished, or caused to be furnished to Buyer all items required to be so performed or furnished under other sections of this Contract; and (b) Seller cures or Buyer waives in writing, within the time periods specified in Article III, all of Buyer's objections made in accordance with Article III. 6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements. Buyer is not obligated to perform under this Contract unless all representations, warranties, covenants and agreements of Seller contained in this Contract are true and correct or have been performed, as applicable, as of the Closing Date, except where specific reference is made to another date. Contract of Sale Page 9 of 27 6.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the date of Closing, any portion of the Property or Easement Land has been condemned, or is the subject of condemnation, eminent domain, or other material proceeding, or the Property or Easement Land, or any part thereof, has been materially or adversely impaired in any manner. 6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer delivers notice to Seller pursuant to Section 4.01 that Buyer has determined that the Property is unsuitable to or for Buyer's purposes. Provided, however, if Buyer elects not to perform under this Contract pursuant to the rights provided by Section 4.01, without default on the part of Seller, Seller's Expenses shall be paid to the Seller by the Title Company before the balance of the earnest money is refunded to Buyer. 6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive any of the conditions precedent to the performance of Buyer's obligations under this Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying the waived condition precedent. 6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any of the conditions precedent to the performance of Buyer's obligations under this Contract have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving written notice to Seller, terminate this Contract. On Buyer's termination, the Earnest Money shall be immediately returned to Buyer by the Title Company. The Seller shall, on written request from Buyer, promptly issue the instructions necessary to instruct the Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise provided in this Contract, Buyer and Seller shall have no further obligations under this Contract, one to the other. ARTICLE VII CLOSING 7.01 Date and Place of Closing. The Closing (herein so called) shall take place in the offices of the Title Company and shall be accomplished through an escrow to be established with the Title Company, as escrowee. The Closing Date (herein sometimes called), shall be on the earlier to occur of (i) ten (10) days following the completion of all conditions precedent to Buyer's performance of this Contract, as set forth in Article VI, hereof, but no later than August 31, 2010 or (ii) as mutually agreed upon by Buyer and Seller. 7.02 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or the Title Company, at the expense of the party designated herein, the following items: Contract of Sale Page 10 of 27 (i) The Title Policy, in the form specified in Section 3.05; (ii) The Special Warranty Deed, substantially in the form as attached hereto as Exhibit "C", subject only to the Permitted Exceptions, if any, duly executed by Seller and acknowledged; (iii) The Easement, substantially in the form as attached hereto as Exhibit "D", duly executed by Seller and acknowledged; (iv) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. (b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company, the following items: (i) The sum required by Section 2.01, less the Earnest Money and interest earned thereon, in the form of certified or cashier's check or other immediately available funds; (ii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. 7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this Contract, the provisions of this Section 7.03 shall survive the Closing. The following item shall be adjusted or prorated between Seller and Buyer with respect to the Property: (a) Ad valorem taxes relating to the Property for the calendar year in which the Closing shall occur shall be prorated between Seller and Buyer as of the Closing Date. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the Property for the preceding calendar year. If Seller changes or has changed in the past the use of the Property prior to Closing, resulting in the assessment of additional taxes, Seller will pay the additional taxes. 7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing. Possession of the Easement Land shall be as provided in the Easement, attached hereto as Exhibit "D". 7.05 Costs of Closing. Each parry is responsible for paying the legal fees of its counsel, in negotiating, preparing, and closing the transaction contemplated by this Contract. Seller is responsible for paying fees, costs and expenses identified herein as being the responsibility of Seller. Buyer is responsible for paying fees, costs, expenses identified herein as being the responsibility of Buyer. If the responsibility for such costs Contract of Sale Page 11 of 27 or expenses associated with closing the transaction contemplated by this Contract are not identified herein, such costs or expenses shall be borne by Buyer. ARTICLE VIII DEFAULTS AND REMEDIES 8.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more of the following events: (i) Any of Seller's warranties or representations contained in this Contract are untrue on the Closing Date; or (ii) Seller fails to meet, comply with or perform any covenant, agreement, condition precedent or obligation on Seller's part required within the time limits and in the manner required in this Contract; or (iii) Seller fails to deliver at Closing, the items specified in Section 7.02(x) of this Contract for any reason other than a default by Buyer or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Buyer's remedies. If Seller is in default under this Contract, Buyer as Buyer's sole and exclusive remedies for the default, may, at Buyer's sole option, do either one of the following: (i) Terminate this Contract by written notice delivered to Seller in which event the Buyer shall be entitled to a return of the Earnest Money, and Seller shall, promptly on written request from Buyer, execute and deliver any documents necessary to cause the Title Company to return to Buyer the Earnest Money; or (ii) Enforce specific performance of this Contract against Seller, requiring Seller to (a) convey the Property to Buyer subject to no liens, encumbrances, exceptions, and conditions other than those shown on the Title Commitment and (b) execute and deliver the Easement to Buyer. 8.02 Buyer's Default and Seller's Remedies. (a) Buyer's Default. Buyer is in default under this Contract if Buyer fails or refuses to close this purchase, or fails to deliver at Closing, the items specified in Section 7.02(b) of this Contract for any reason other than a default by Seller under this Contract or termination of this Contract pursuant to the terms hereof prior to Closing. (b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's Contract of Sale Page 12 of 27 sole and exclusive remedy for the default, may terminate this Contract by written notice delivered to Buyer in which event the Seller shall be entitled to a return of the Earnest Money, after the payment of Seller's Expenses to Seller, and Buyer shall, promptly on written request from Seller, execute and deliver any documents necessary to cause the Title Company to return to Seller the Earnest Money. ARTICLE IX MISCELLANEOUS 9.01 Notice. All notices, demands, requests, and other communications required hereunder shall be in writing, and shall be deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by telephonic facsimile, and (b) the date of the deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: SELLER: BUYER: Steve Rourke City of Denton McKenna Park Congregation of Paul Williamson Jehovah's Witnessess, Denton, Texas 901-A Texas Street 1556 Baker Road Denton, Texas 76209 Burleson, Texas 76026 Telecopy. (940) 349-8951 Copies to: For Seller: John Randolph Thompson, Jr. Shannon, Gracey, Ratliff & Miller, LLP 777 Main Street, Suite 3800 Fort Worth, Texas 76102 Telecopy: 817.335.3735 email: rhompson@shannongracey.com For Buyer: Richard Casner, Deputy City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 Telecopy: 940382.7923 9.02 Governing Law and Venue. This Contract is being executed and delivered and is intended to be performed in the State of Texas, the laws of Texas governing the validity, construction, enforcement and interpretation of this Contract. This Contract is performable in, and the exclusive venue for any action brought with respect hereto, shall lie in Denton County, Texas. 9.03 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, related to the Property, and may be amended or supplemented only in writing executed by the party against whom enforcement is sought. Contract of Sale Page 13 of 27 9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective successors and assigns. If requested by Buyer, Seller agrees to execute, acknowledge and record a memorandum of this Contract in the Real Property Records of Denton County, Texas, imparting notice of this Contract to the public. 9.05 Risk of Loss. If any condemnation or any eminent domain proceedings are threatened or initiated that might result in the taking of any portion of the Property or Easement Land, Buyer may, at Buyer's option, do any of the following: (a) Terminate this Contract and withdraw from this transaction without cost, obligation or liability, in which case the Earnest Money shall be immediately returned to Buyer; or (b) Consummate this Contract, in which case Buyer, with respect to the Property and/or Easement Land, as applicable, shall be entitled to receive any proceeds paid for the Property. If Buyer makes this election, the Closing shall be held on the tenth (10) calendar day after election is made to close and receive the proceeds. Buyer shall have a period of ten (10) days after receipt of written notification from Seller on the final settlement of all condemnation proceedings in which to make Buyer's election. 9.06 Further Assurances. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed and/or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and/or deliver, or cause to be performed, executed and/or delivered at the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably necessary to consummate the transactions contemplated hereby. Notwithstanding anything to the contrary contained in this Contract, the provisions of this Section 9.06 shall survive Closing. 9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time is of the essence with respect to this Contract. 9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and made a part of, this Contract for all purposes. 9.09 Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Buyer under this Contract are hereby delegated by Buyer, pursuant to action by the City Council of Denton, Texas, to the City Manager, or his designee. 9.10 Expiration of Offer. The execution of this Contract by Seller constitutes, subject to the terms hereof, an irrevocable offer to sell the Property. Unless by 5:00 p.m., on May 5, 2010, this Contract is accepted by Buyer by action of the City Council of Buyer, the offer of this Contract shall be automatically revoked and terminated. Contract of Sale Page 14 of 27 SELLER: MCKENNA PARK CONGREGATION OF JEHOVAH'S WITNESSES, DENTON, TEXAS Robert Q. Miller, President By: William Neaville Richard Mata Executed by Richard Q. Miller as President, and Executive Committee Members, William Neaville and Richard Mata, of McKenna Park Congregation of Jehovah's Witnesses, Denton, Texas, a Texas non-profit corporation, as Seller, on the day of 2010. BUYER: By: GEORGE C. CAMPBELL, CITY MANAGER Executed by Buyer on the day of ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 2010. Contract of Sale Page 15 of 27 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Contract of Sale Page 16 of 27 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of (1) an executed copy of this Contract. Title Company agrees to comply with, and be bound by, the terms and provisions of this Contract and to perform its duties pursuant to the provisions of this Contract and shall comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Title Resources of Denton County, LLC 1112 Dallas Drive, Suite 402 Denton, Texas 76205-5124 By: Printed Name: Title: Contract receipt date: , 2010 Contract of Sale Page 17 of 27 EXHIBIT A To Contract of Sale Legal Description BEING all that certain lot, tract or parcel of land situated in the Thomas Toby Survey, Abstract Number 1288 and the B.B.B. & C. R.R. Company Survey, Abstract Number 186, City of Denton, Denton County, Texas, and being a part of Lot 1, Block 1, Lake Cities Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet N, Page 320 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a '/2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set at the northwest corner said Lot 1 being at the southwest corner of that certain tract of land described in deed to Carolyn S. McKinzie, as recorded under County Clerk's File Number 97-R0027722 of the Real Property Records of Denton County, Texas and from which a '/2 inch iron rod. found. at the northeast corner of Lot L Block A, T & T Nelson Addition, an addition to the Citv of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet T, Page 30 of the Plat Records of Denton County, Texas, bears North 00 degrees 32 minutes 52 seconds East, a distance of 51.71 feet; THENCE South 89 degrees 39 minutes 30 seconds East, with the south line of said McKinzie tract and passing at a distance of 186.53 feet a '/2 inch iron rod found at the southeast corner thereof,, being the southwest corner of that certain tract of land described in deed to Tex Morgan Martin, as recorded in Volume 3178, Page 898 of the Deed Records of Denton County, Texas, and passing at a distance of 312.30 feet a '/2 inch iron rod found for the southeast corner of said Martin tract and continuing for a total distance of 623.15 feet to a '/2 inch iron rod with a vellow cap stamped "ARTHUR SURVEYING COMPANY" set in the southwest line of U.S. Hwy. 77, also known as N. Elm Street, a public roadway; THENCE South 01 degree 02 minutes 11 seconds West, with the west line of that certain tract of land described in deed to Clyde Milton Martin, as recorded in Volume 3178, Page 914 of the Deed Records of Denton County, Texas, a distance of 264.61 feet to a '/2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set for corner thereof; THENCE North 89 degrees 41 minutes 09 seconds West, over, across and through said Lot 1, Block 1, a distance of 620.54 feet to a '/2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set in the east line of said Lot 1, Block A, T & T Nelson Addition; THENCE North 00 degrees 28 minutes 15 seconds East, with the east line of said Lot 1, Block A, T & T Nelson Addition, a distance of 264.88 feet to the POINT OF BEGINNING, and containing 3.779 acres of land, more or less. Contract of Sale Page 18 of 27 Exhibit B To Contract of Sale Easement Lands BEING all that certain lot, tract or parcel of land situated in the B.B.B. & C. R.R. Company Survey, Abstract Number 186, City, of Denton, Denton County, Texas, and being a part of Lot 1, Block 1, Lake Cities Addition, an addition to the Citv of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet N, Page 320 of the Plat Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a '/2 inch iron rod found at the most easterly southeast corner of said Lot 1 and the northeast corner of that certain tract of land described in deed to Julie L. Smith, recorded under Document Number 2002-R0055672 of the Real Property Records of Denton County, Texas, said point also being in the west line of that certain tract of land described in deed to Clyde Milton Martin, recorded in Volume 3178, Page 914 of the Deed Records of Denton County, Texas; THENCE North 01 degree 02 minutes 11 seconds East, with the west line of said Martin tract, a distance of 156.83 feet to a point for corner thereof; THENCE over, across and through said Lot 1, Block 1 the following five (5) calls: North 89 degrees 41 minutes 09 seconds West, a distance of 200.50 feet to the POINT OF BEGINNING; South 04 degrees 12 minutes 40 seconds East, a distance of 136.68 feet to a point for corner, South 85 degrees 47 minutes 20 seconds West, a distance of 40.00 feet to a point for corner, North 04 degrees 12 minutes 40 seconds West, a distance of 139.84 feet to a point for corner, South 89 degrees 41 minutes 09 seconds East, a distance of 40.13 feet to the POINT OF BEGINNING, and containing 0.127 acres of land, more or less Contract of Sale Page 19 of 27 EXHIBIT "C" To Contract of Sale NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That McKENNA PARK CONGREGATION OF JEHOVAH'S WITNESSES, DENTON, TEXAS, a Texas non-profit corporation (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly described on Exhibit "A", attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property"). Grantor, subject to the limitation of such reservation made herein, reserves, for itself, its successors and assigns all oil, gas and other minerals in, on and under and that Contract of Sale Page 20 of 27 may be produced from the Property. Seller, its successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances (except oil, gas and associated hydrocarbons) that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. This conveyance is subject to the following: [Insert Permitted Exceptions, if any] TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Contract of Sale Page 21 of 27 Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through and under Grantor, but not otherwise. EXECUTED the day of , 2010. MCKENNA PARK CONGREGATION OF JEHOVAH'S WITNESSES, DENTON, TEXAS By: Robert Q. Miller, President William Neaville Richard Mata THE STATE OF § COUNTY OF § This instrument was acknowledged before me on , , 2010, by Robert Q. Miller, President and member of the Executive Committee, and William Neaville and Richard Mata, members of the Executive Committee, of McKENNA PARK CONGREGATION OF JEHOVAH'S WITNESSES, DENTON, TEXAS, a Texas non-profit corporation, on behalf of said corporation. Notary Public, State of Texas My commission expires: Contract of Sale Page 22 of 27 Exhibit A To Special Warranty Deed Legal Description BEING all that certain lot, tract or parcel of land situated in the Thomas Toby Survey, Abstract Number 1288 and the B.B.B. & C. R.R. Company Survey, Abstract Number 186, City of Denton, Denton County, Texas, and being a part of Lot 1, Block 1, Lake Cities Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet N, Page 320 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a '/2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set at the northwest corner said Lot 1 being at the southwest corner of that certain tract of land described in deed to Carolyn S. McKinzie, as recorded under County Clerk's File Number 97-R0027722 of the Real Property Records of Denton County, Texas and from which a '/2 inch iron rod. found. at the northeast corner of Lot L Block A, T & T Nelson Addition, an addition to the Citv of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet T, Page 30 of the Plat Records of Denton County, Texas, bears North 00 degrees 32 minutes 52 seconds East, a distance of 51.71 feet; THENCE South 89 degrees 39 minutes 30 seconds East, with the south line of said McKinzie tract and passing at a distance of 186.53 feet a '/2 inch iron rod found at the southeast corner thereof,, being the southwest corner of that certain tract of land described in deed to Tex Morgan Martin, as recorded in Volume 3178, Page 898 of the Deed Records of Denton County, Texas, and passing at a distance of 312.30 feet a '/2 inch iron rod found for the southeast corner of said Martin tract and continuing for a total distance of 623.15 feet to a '/2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set in the southwest line of U.S. Hwy. 77, also known as N. Elm Street, a public roadway; THENCE South 01 degree 02 minutes 11 seconds West, with the west line of that certain tract of land described in deed to Clyde Milton Martin, as recorded in Volume 3178, Page 914 of the Deed Records of Denton County, Texas, a distance of 264.61 feet to a '/2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set for corner thereof; THENCE North 89 degrees 41 minutes 09 seconds West, over, across and through said Lot 1, Block 1, a distance of 620.54 feet to a '/2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set in the east line of said Lot 1, Block A, T & T Nelson Addition; THENCE North 00 degrees 28 minutes 15 seconds East, with the east line of said Lot 1, Block A, T & T Nelson Addition, a distance of 264.88 feet to the POINT OF BEGINNING, and containing 3.779 acres of land, more or less. Contract of Sale Page 23 of 27 Exhibit "D" To Contract of Sale NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT McKenna Park Congregation of Jehovah's Witnesses, of Denton County, Texas hereinafter referred to as ("Grantor"), whose mailing address is 1556 Baker Road, Burleson, Texas 76026, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee"), a temporary construction, grading and access easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the B.B.B. & C. R.R. Company Survey, Abstract Number 186, to wit: PROPERTY AREA DESCRIBED IN EXHIBIT "A" AND ILLUSTRATED IN EXHIBIT "A-1" BOTH ATTACHED HERETO AND MADE A PART HEREOF It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out, may remove from the Property above described, such fences, signage, buildings and other obstructions as may now be found upon said Property, for the purpose of construction activities, grading activities and access in, along, upon, under and across said Property. It is specifically stipulated by Grantor that the scope of the access, construction and grading activities shall include the clearing and removal of vegetation Contract of Sale Page 24 of 27 and trees that exist within the Property. The City of Denton, its agents, employees, contractors, workmen, and representatives shall have the right of ingress, egress and regress in, along, upon, under and across said Property for the purpose of access, construction and grading activities or any part thereof. Upon conclusion of the construction activities upon the adjacent real property, the City shall remove all debris, surplus material, and construction equipment and leave the Property in substantially the same condition as existing prior to construction, except for buildings, fences, structures, signs, facilities, improvements or obstructions and for any trees or shrubs removed by Grantee pursuant to the rights granted herein. The surface of the Property shall be graded and seeded as per project erosion control requirements. The term of this grant shall expire one hundred eighty (180) days from the date Grantee begins actual construction activities upon the adjoining property owned by Grantee. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. EXECUTED the day of , 2010. MCKENNA PARK CONGREGATION OF JEHOVAH'S WITNESSES, DENTON, TEXAS By: Robert Q. Miller, President William Neaville Richard Mata Contract of Sale Page 25 of 27 THE STATE OF § COUNTY OF § This instrument was acknowledged before me on , , 2010, by Robert Q. Miller, President and member of the Executive Committee, and William Neaville and Richard Mata, members of the Executive Committee, of McKENNA PARK CONGREGATION OF JEHOVAH'S WITNESSES, DENTON, TEXAS, a Texas non-profit corporation, on behalf of said corporation. Notary Public, State of Texas My commission expires: THE STATE OF TEXAS § COUNTY OF Accepted this City of Denton, Texas (Resolution No. 91-103). By: Paul Williamson Real Estate Manager day of , 2010, for the AFTER RECORDING RETURN TO: City of Denton - Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson Contract of Sale Page 26 of 27 Exhibit "A" To Temporary Construction, Grading And Access Easement BEING all that certain lot, tract or parcel of land situated in the B.B.B. & C. R.R. Company Survey, Abstract Number 186, City, of Denton, Denton County, Texas, and being a part of Lot 1, Block 1, Lake Cities Addition, an addition to the Citv of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet N, Page 320 of the Plat Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a '/2 inch iron rod found at the most easterly southeast corner of said Lot 1 and the northeast corner of that certain tract of land described in deed to Julie L. Smith, recorded under Document Number 2002-R0055672 of the Real Property Records of Denton County, Texas, said point also being in the west line of that certain tract of land described in deed to Clyde Milton Martin, recorded in Volume 3178, Page 914 of the Deed Records of Denton County, Texas; THENCE North 01 degree 02 minutes 11 seconds East, with the west line of said Martin tract, a distance of 156.83 feet to a point for corner thereof; THENCE over, across and through said Lot 1, Block 1 the following five (5) calls: North 89 degrees 41 minutes 09 seconds West, a distance of 200.50 feet to the POINT OF BEGINNING; South 04 degrees 12 minutes 40 seconds East, a distance of 136.68 feet to a point for corner, South 85 degrees 47 minutes 20 seconds West, a distance of 40.00 feet to a point for corner, North 04 degrees 12 minutes 40 seconds West, a distance of 139.84 feet to a point for corner, South 89 degrees 41 minutes 09 seconds East, a distance of 40.13 feet to the POINT OF BEGINNING, and containing 0.127 acres of land, more or less Contract of Sale Page 27 of 27 LOCATION MAP McKenna Park Congregation of Jehovah's Witness Tract ry SST PURCHASETRACT 3.779 ACRES LOT 1. BLOCK 1 LAKE CITIES ADDN CAB.N PG. 320 8.606 ACRES W WINDSOR ST z J W U O 19 0 125 250 500 Feet 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 DRAFT MINUTES PUBLIC UTILITIES BOARD April 26, 2010 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Vice Chair of the Public Utilities Board thereafter convened into a closed meeting on Monday, April 26, 2010 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Vice Chair Bill Cheek, Phil Gallivan, Bill Grubbs and Barbara Russell Ex Officio Members: Howard Martin, ACM Utilities Absent: Chair Dick Smith, John Baines and Bill Grubbs, all excused OPEN MEETING: ITEMS FOR INDIVIDUAL CONSIDERATION: 4. Consider recommendation of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a Real Estate Contract of Sale between the City of Denton and McKenna Park Congregation of Jehovah's Witnesses, Denton, Texas, and any other documents necessary to acquire an approximate 3.779 acres of land and an approximate .127 acre temporary construction and access easement, located in the Thomas Toby Survey, Abstract No. 1288, and the B.B.B. and C.R.R. Company Survey, Abstract No. 186, Denton County, Texas, and being a portion of Lot 1, Block 1 of Lake Cities Addition, an Addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet N, page 320, Plat Records, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. Board Member Grubbs moved to approve Item 4 with the addition of a dollar amount in the amount of $120,000 plus costs with a second from Board Member Gallivan. The motion was approved by a 4-0 vote. The meeting was adjourned by consensus at 11:24 a.m. This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 DEPARTMENT: Solid Waste ACM: Howard Martin, Utilities 349-8232 SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas authorizing the filing of a project application with the North Central Texas Council of Governments for a Regional Solid Waste Program - Local Implementation Project, Construction and Demolition Equipment in the amount of S98,000; delegating and authorizing George C. Campbell, City Manager, or his designee, to act on behalf of the city in all other matters that are related to this project application, pledging that if funding for this project is received, the City of Denton, Texas will comply with all project requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas; and providing for an effective date. The Public Utility Board recommends approval (4-0). BACKGROUND Through grant funding from the State of Texas, the North Central Texas Council of Governments (NCTCOG) is the administrator of the funds collected from the statewide fee paid to the Texas Commission on Environmental Quality (TCEQ) on solid waste disposal. Project funds are designated for joint and local solid waste projects during the state fiscal year that began on September 1, 2010. Approximately S1.5 million of reimbursable project funding is available for implementation projects in the current FY 2011 planning cycle. NCTCOG 2010 Grant Schedule: May 28, 2010 - Project application due to NCTCOG by close of business. July 2, 2010 - City Council resolution due to the NCTCOG. July 15, 2010 - Grant scoring results announced and top ranked project applications are recommended for funding. June 30, 2011 -Projects close out with all expenditures completed. July 29, 2011 - Final reporting and paperwork due to NCTCOG. Project Description: The grant request is to provide partial funding to purchase a portable materials screen plant which will enable the Solid Waste Department to achieve greater efficiencies in collecting construction and demolition (C&D) recyclable materials. The screen plant is processing equipment that is placed at the front of the picking line as the first stage processing point for all materials moving on the line. The screen plant will separate dirt, rock, and other materials from mixed C&D materials. These screened materials may be used for other useful operations within the City of Denton. Using the screening process to automatically separate these materials from the C&D before entering the picking line will enable the staff (pickers) to do a better job of seeing and collecting the recyclables desired from the picking line. C&D materials planned to be recovered and recycled include scrap metals, cardboard, wooden pallets, concrete, brick, processed lumber, wire, and any other materials which are in sufficient quantities and for which markets and/or alternative uses exist. The City of Denton Solid Waste Department will fund the non-grant funded portion of the costs to purchase, deliver, and install the screening plant on the Solid Waste Department C&D materials picking line. OPTIONS The City Council may or may not recommend approval of the resolution officially authorizing the filing of the construction and demolition processing equipment project application with the NCTCOG for a grant supporting the Regional Solid Waste management Plan. RECOMMENDATION Staff recommends approval of the resolution for funding through the NCTCOG Regional Solid Waste Management Plan grant program in the sum of S98,000. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Monday, April 26, 2010 - The Public Utility Board recommends approval (4-0). FISCAL INFORMATION Grant reimbursement funding is requested in the amount of S98,000. The portable materials screen plant equipment will be purchased using FY 1010 Solid Waste bonds. Upon submittal of the appropriate purchase documentation to the NCTCOG, the NCTCOG will reimburse the Solid Waste Department in the amount of S98,000. Projected purchase price of the portable materials screen plant - S245,000 NCTCOG grant funding requested - S 98,000 EXHIBITS 1. Grant Resolution 2. Project Description 3. PUB Minutes Respectfully submitted: A. Vance Kemler, General Manager, Solid Waste Prepared by: a'40c ~ A. Scott Lebsack Development and Administrative Manager EXHIBIT 1 RESOLUTION NO. R2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE FILING OF A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR A REGIONAL SOLID WASTE PROGRAM - LOCAL IMPLEMENTATION PROJECT, CONSTRUCTION AND DEMOLITION PROCESSING EQUIPMENT IN THE AMOUNT OF S98,000; DELEGATING AND AUTHORIZING GEORGE C. CAMPBELL, CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY IN ALL OTHER MATTERS THAT ARE RELATED TO THIS PROJECT APPLICATION, PLEDGING THAT IF FUNDING FOR THIS PROJECT IS RECEIVED, THE CITY OF DENTON WILL COMPLY WITH ALL PROJECT REQUIREMENTS OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, AND THE STATE OF TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the North Central Council of Governments ("NCTCOG") has been directed by the Texas Commission on Environmental Quality ("TCEQ") to administer funds collected by the TCEQ for the statewide solid waste disposal fee, for joint and local solid waste projects for the implementation of the NCTCOG adopted goal "Time to Recycle"; and WHEREAS, the City of Denton, Texas is qualified to apply for project funds under the State "FY 2010 Request for Applications"; and WHEREAS, the grant is proposed to provide S98,000 in partial funding to the City to purchase a portable materials screen plant which will enable the Solid Waste Department to achieve greater efficiencies in collecting construction and demolition (C&D) recyclable materials; the screen plant is processing equipment that is placed at the front of the picking line as the first stage processing point for all materials moving on the line; and the screen plant will separate dirt, rock, and other materials from mixed C&D materials, which materials can then be used for other useful operations with the City; and WHEREAS, the City Council of the City of Denton has expressed their support and interest regarding the above-referenced solid waste project; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas hereby designates, delegates and authorizes George C. Campbell, City Manager, of the City of Denton, Texas, to complete the application and send in the application to request project funding under the North Central Texas Council of Governments "Request for Applications" for the implementation of the Regional Solid Waste Program - Local Implementation Project; and the City Council hereby empowers and authorizes George C. Campbell, City Manager, or his designee, to act on the behalf of the city in all matters, other than the completion and sending in of the project application, that are related to the project application, and any subsequent project contract(s) that may result therefrom. 1 SECTION 2. Should the project be funded, then the City of Denton, Texas shall comply with the requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas. SECTION 3. The project funds and any project-funded equipment and facilities will be used solely for the purposes for which they are intended under the Project. SECTION 4. The activities of the city shall comply with and support the adopted local and regional solid waste management plans adopted for the geographical area in which the activities are performed. SECTION 5. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ,I e' By: 2 EXHIBIT 2 City of Denton Construction and Demolition Materials Recycling Goal: Time to Recycle Objective: Promote source reduction, deconstruction, and construction and demolition material reuse. Action Recommendation: Acquire construction and demolition (C&D) processing equipment which expands the types and quantities of C&D materials recycled, thereby broadening the city's ability to divert an ever expanding variety of materials from the city's landfill. Project Description: In 2008, Americans generated 505 million tons of Municipal Solid Waste (MSW). Approximately 91 million tons of this waste was construction and demolition and other commercial and light industrial wastes. C&D waste can occupy 20% or more of the wastes found in landfills. According to U.S. Census Bureau population data, the City of Denton was the 17th fastest growing city in the nation (2008), for cities with populations over 100,000. The City of Denton's Planning Department continues to issue construction permits for residential, commercial, and industrial development, which reflects continued growth within the city limits and the city's extra-territorial jurisdictional boundaries (ETJ). Recently several thousand acres of land have been proposed for annexation into the city limits of Denton, which will aid in expanding residential, commercial, and industrial development in the community. With building and remodeling growth expected to continue, C&D growth is also expected to continue and grow in the future. During mid-2008, the City of Denton Solid Waste Department implemented a construction and demolition (C&D) materials recycling program. During the initial period, scrap metal prices for C&D recovered materials in the Denton area averaged over eight cents per pound, and recycled cardboard prices averaged approximately five cents a pound. Other C&D materials diverted from the landfill and recycled included wooden pallets, concrete, brick, processed lumber, drywall, and wire. In June 2009 the city's C&D materials recycling operation was temporarily discontinued due to a significant decline in commodity prices for the C&D materials collected. Prior to the temporary discontinuation of the C&D recycling program scrap metal and cardboard commodity prices had fallen below one cent per pound, a very significant decline from earlier pricing levels. Denton's C&D recycling program began as a manual sorting operation at the landfill. Roll-off trucks transporting C&D materials dumped their loads, spreading them out, at the C&D worksite, and sorting staff manually sorted and placed the recyclable materials in separate roll-off containers. On-site processing equipment for the C&D recycling operation consisted of multiple roll-off containers, a loader with clamp jaws, and a bobcat with bucket and forklift attachments. Recyclable materials were hand collected and placed in roll-off containers, and once full, the containers were then driven to Exhibit 2 markets. Heavier items salvaged required the use of either the large or small bobcat loader. Worth noting during the time the program was in operation, was that the landfill routinely received mobile homes for disposal. Using landfill equipment, C&D staff was able to remove the mobile home structures from their metal frames, and then compact and salvage the steel frames. In a few instances the metal siding on the homes was also salvaged. The recycling program continued for approximately thirteen months and then was temporarily discontinued due to extremely low commodity prices. The Solid Waste Department plans to restart C&D recycling operations during the late summer or fall of 2010. Materials planned to be initially collected and recycled include scrap metal, cardboard, wooden pallets, concrete, brick, processed lumber, wire, and any other materials in sufficient volumes for which markets or alternate uses are available. The City of Denton recently purchased a mobile construction and demolition materials picking station, which consists of a materials loading area, an elevated recyclable materials picking area, and recycled materials drop chutes located on each side of the elevated platform. As recyclable materials are hand collected from the picking line, they are dropped through one of the chutes into the appropriate materials container below. The portable picking station will greatly improve Denton's C&D recycling program, and enable the staff to more quickly and thoroughly sort through the C&D material loads. Denton's construction and demolition materials processing facility can serve as the processor to all customers that require C&D roll-off containers at their construction and/or demolition site, but elect not to source separate on site. Additionally, C&D recyclable materials will be salvaged from containers and trucks brought into Denton's landfill for disposal by private citizens and privately owned companies. Therefore, much of these materials will no longer be deposited into the landfill and will no longer consume valuable landfill airspace. Airspace savings, as a direct result of diverting generally non-compactable C&D materials from Denton's landfill, will extend the life of the current and future landfill cells, thereby delaying the frequency and costs to Denton's citizens for construction of additional landfill cells. The grant request is to provide partial funding to purchase a portable materials screen plant which will enable the Solid Waste Department to achieve greater efficiencies in collecting the C&D recyclable materials. The screen plant is processing equipment that is placed at the front of the picking line as the first stage processing point for all materials moving on the line. The screen plant will remove fines, dirt, and other materials from the mixed C&D materials. These screened materials may be used for other useful operations within the City of Denton. Using the screening process to automatically remove these materials from the picking line at the beginning will additionally enable the staff (pickers) to do a better job of seeing and collecting the recyclables previously listed on the picking line. The City of Denton Solid Waste Department will fund the non-grant funded portion of the costs to purchase, deliver, and install the screening plant on the Solid Waste Department C&D materials picking line. Sustainability: The City of Denton has made a commitment to being a leader in addressing waste issues. Denton has 1) a curbside recycling program, 2) recycling drop-off centers, 3) curbside appliance recycling 4) a computer/electronics recycling station 5) commercial recycling 6) home chemical collections 7) curbside collection of yard wastes, and a 8) construction and demolition materials picking line for recycling various construction and demolition materials. Denton works diligently to actively support the NCTCOG's Regional Solid Waste Management Plan. The equipment the grant funding will provide will enable the Solid Waste Department to expand the level of construction and demolition recycling services the department currently provides, allowing staff to provide more comprehensive C&D recycling services. The C&D recycling program is planned to be in place indefinitely, as long as construction and demolition continues, and the need exists within the Denton area for this service. With the purchase of the C&D picking line, and the grant funding of the portable materials screen plant, the Department will continue to improve and expand the recycling services offered to the community. EXHIBIT 3 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 April 26, 2010 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Vice Chair of the Public Utilities Board thereafter convened into a closed meeting on 7 Monday, April 26, 2010 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Vice Chair Bill Cheek, Phil Gallivan, Bill Grubbs and Barbara Russell 11 12 Ex Officio Members: 13 Howard Martin, ACM Utilities 14 15 Absent: Chair Dick Smith, John Baines and Bill Grubbs, all excused 16 17 OPEN MEETING: 18 19 ITEMS FOR INDIVIDUAL CONSIDERATION: 20 21 1. Consider recommendation of approval of a resolution of the City Council of the City of 22 Denton, Texas authorizing the filing of a project application with the North Central Texas 23 Council of Governments for a Regional Solid Waste Program - Local Implementation 24 Project, Construction and Demolition Equipment in the amount of S98,000; delegating and 25 authorizing George C. Campbell, City Manager, or his designee, to act on behalf of the city 26 in all other matters that are related to this project application, pledging that if funding for this 27 project is received, the City of Denton, Texas will comply with all project requirements of 28 the North Central Texas Council of Governments, the Texas Commission on Environmental 29 Quality, and the State of Texas; and providing for an effective date. 30 31 ACM Martin called on Vance Kemler, General Manager Solid Waste to present this item. 32 Kemler stated that each year the North Texas Council of Governments solicits applications for 33 solid waste grants. Solid waste grants are funded through the Texas Commission on 34 Environmental Quality. Board Member Cheek asked the separating machine is S245,000 and 35 what exactly it does and this is an estimate of what the city will pay for the machine. Kemler 36 replied it double deck shaker mid size. Currently the city rents those machines periodically to 37 separate dirt, small gravel and mid size material because the landfill takes in concrete, rock, 38 rubble, asphalt to separate those items to keep them out of the landfill. Kemler stated that during 39 the operation of the C&D processing operation which contained a lot of fine gravel material that 40 ended up going into the landfill because we did not have the ability to separate those materials. 41 Cheek asked Kemler when the construction recyclable material take in is down how often the 42 machine will be rented. Kemler replied once a year at a cost of S25,000 to S30,000 which does 43 not include fuel and labor. Cheek commented that the purchased equipment will still require 44 staff, fuel and on-going repair costs as well. Kemler replied that current staff would be used. 45 Cheek asked which costs more, buying or renting. Kemler replied there will be greater need to Draft Minutes of the Public Utilities Board meeting April 26, 2010 Page 2 of 2 1 prescreen the C&D material which will produce additional savings by not having that material go 2 into the landfill. 3 4 Cheek then asked how often the machine will be used. Kemler replied on a daily basis as part of 5 the C&D processing while it is in operation. If there is sufficient C&D waste materials received 6 on a daily basis it will operate four to five days a week. 7 8 Cheek asked the Board is approving the grant application and if approved staff will bring that 9 purchase to the Board for approval. 10 11 City Manager Campbell asked Kemler for an estimate and how much and when it is expected the 12 C&D operation will resume. Kemler replied that one of the reasons the C&D operation was shut 13 down last June was that the markets for commodities had plummeted and the revenue was no 14 longer there for cardboard. When that was operating the revenue from the commodities sale was 15 actually paid for the labor staff and from the labor standpoint we had a couple city employees 16 and manual separating staff of six to ten people on a daily basis using temporary labors. These 17 are people hired for a minimum number of hours to assist. We can control those costs based on 18 the material going through the facility. Now that the commodities market is up to where it was a 19 year and one half ago, extremely strong, that is one portion of the project and financially from 20 that standpoint we could open today based on commodities. The other factor is can we get 21 enough material to produce the same volumes to make that revenue. The amount of construction 22 material getting continuous to increase it really dropped off during the winter there is actually lot 23 of construction going on now and it is anticipated to start back in our next year's budget in 24 October it is possible it would be financially viable to do that mid to late summer, but our next 25 year's budget will have that entire operation. 26 27 Gallivan curious you need the green light to apply for a grant but the connotations are that if we 28 get the grant we have to realize that will spend another $245,000 above that amount. Kemler, no 29 it is $245,000 minus the $98,000. Gallivan don't want to waste your time pursuing this unless 30 we approve it Kemler even if we receive the grant staff would not enter into a contract unless 31 approved. 32 33 Board Member Russell moved to approve with a second from Board Member Gallivan. 34 The motion was approved by a 4-0 vote. 35 36 The meeting was adjourned by consensus at 11:24 a.m. This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 DEPARTMENT: Utilities Administration ACM: Howard Martin, 349-8232 SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas authorizing the filing of a project application with the North Central Texas Council of Governments for a Regional Solid Waste Program - Local Implementation Project - Recycling and Litter Reduction equipment project in the amount of $68,000; delegating and authorizing George C. Campbell, City Manager, or his designate, to act on behalf of the city in all other matters that are related to this project application, pledging that if funding for this project is received, the City of Denton will comply with all project requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas; and providing an effective date. The Public Utility Board recommends approval (4-0). BACKGROUND Through grant funding from the State of Texas, the NCTCOG is the administrator of the funds collected from statewide fee paid to the TCEQ on solid waste disposal. Project funds are designated for joint and local solid waste projects during the state fiscal year that began on September 1, 2009. Approximately $1.5 million of reimbursable project funding is available for implementation projects in the current FY 2011 planning cycle. NCTCOG 2011 Grant Schedule: Project Application Submittal Deadline to NCTCOG: May 28, 2010 Council Resolution Submittal Deadline to NCTCOG: July 2, 2010 Resource Conservation Council votes to approve list of grant projects: July 15, 2010 NCTCOG Executive Board approves RCC approved grant list: July 22, 2010 NCTCOG begin executing interlocal agreements for successful projects: September 1, 2010 Projects completed, final reports and paperwork to NCTCOG: July 29, 2011 Project Description: Denton's requested grant will help fund equipment and educational materials to support the City of Denton Downtown Implementation Project in order to increase recycling and reduce litter in the City of Denton downtown Square District and the outdoor public spaces located in the downtown target area from the new light rail transit center to the historic Denton County Courthouse in the downtown square. To ensure recycling at special events, the City Council passed a Resolution on February 5, 2008, and is effective on July 1, 2008. This Resolution states that recycling at special events will be mandatory on city property and by events that are co- sponsored by the City. The equipment listed in the grant will assist in the collection and transportation of recyclable materials generated in public spaces maintained by city staff. The City will utilize selected recycling containers in public spaces for the collection and diversion of waste that is deemed recyclable. Denton's efforts in this area will aid the NCTCOG's Regional Solid Waste Plan of promoting waste minimization and recycling programs among commercial employers through education programs. They additionally support the Council's recommended direction to provide increased recycling infrastructure in City of Denton public spaces. OPTIONS The PUB may or may not recommend approval the submittal of a grant application for this project application with the NCTCOG for a Regional Solid Waste Management Plan - FY 2011 Solid Waste Implementation Project. RECOMMENDATION Staff recommends approval for funding this project through the NCTCOG Regional Solid Waste Management Plan grant program in the sum of $68,000. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS) Denton's staff attended the NCTCOG's Resource Conservation Council meeting in which the FY 2010 grant information was provided. Monday, April 26, 2010 - The Public Utility Board recommends approval (4-0). FISCAL INFORMATION Grant reimbursement funding is requested in the amount of $68,000. This grant requires quarterly Council of Governments reporting and reimbursement of funds. EXHIBITS 1. Resolution 2. PUB Minutes Respectfully submitted: A.Vance Kemler General Manager, Solid Waste Services RESOLUTION NO. R20 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE FILING OF A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR A REGIONAL SOLID WASTE PROGRAM - LOCAL IMPLEMENTATION PROJECT, RECYCLING AND LITTER REDUCTION EQUIPMENT PROJECT IN THE AMOUNT OF $68,000; DELEGATING AND AUTHORIZING GEORGE C. CAMPBELL, CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY IN ALL OTHER MATTERS THAT ARE RELATED TO THIS PROJECT APPLICATION, PLEDGING THAT IF FUNDING FOR THIS PROJECT IS RECEIVED, THE CITY OF DENTON WILL COMPLY WITH ALL PROJECT REQUIREMENTS OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, AND THE STATE OF TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the North Central Council of Governments ("NCTCOG") has been directed by the Texas Commission on Environmental Quality ("TCEQ") to administer funds collected by the TCEQ for the statewide solid waste disposal fee, for joint and local solid waste projects for the implementation of the NCTCOG adopted goal "Time to Recycle"; and WHEREAS, the City of Denton, Texas is qualified to apply for project funds under the State "FY 2010 Request for Applications"; and WHEREAS, the grant is proposed to provide $68,000 in funding to the City for the purchase and installation of recycling containers to be placed from the old historic Denton County Courthouse Square to the new Denton light rail station; as well as for the purchase of equipment and educational materials to support the Downtown Denton Implementation Project in the public area of downtown Denton; this grant will ensure that recycling will occur at special events, which has been a city-mandated requirement at special events and also at events that are co-sponsored by the City, since July 1, 2008; and, WHEREAS, the City Council of the City of Denton has expressed their support and interest regarding the above-referenced solid waste project; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas hereby designates, delegates and authorizes George C. Campbell, City Manager, of the City of Denton, Texas, to complete the application and send in the application to request project funding under the North Central Texas Council of Governments "Request for Applications" for the implementation of the Regional Solid Waste Program - Local Implementation Project -Recycling Project; and the City Council hereby empowers and authorizes George C. Campbell, City Manager, or his designee, to act on the behalf of the city in all matters, other than the completion and sending in of the project application, that are related to the project application, and any subsequent project contract(s) that may result therefrom. 1 SECTION 2. Should the project be funded, then the City of Denton, Texas shall comply with the requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas. SECTION 3. The project funds and any project-funded equipment and facilities will be used solely for the purposes for which they are intended under the Project. SECTION 4. The activities of the city shall comply with and support the adopted local and regional solid waste management plans adopted for the geographical area in which the activities are performed. SECTION 5. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 DRAFT MINUTES PUBLIC UTILITIES BOARD April 26, 2010 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Vice Chair of the Public Utilities Board thereafter convened into a closed meeting on Monday, April 26, 2010 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Vice Chair Bill Cheek, Phil Gallivan, Bill Grubbs and Barbara Russell Ex Officio Members: Howard Martin, ACM Utilities Absent: Chair Dick Smith, John Baines and Bill Grubbs, all excused OPEN MEETING: ITEMS FOR INDIVIDUAL CONSIDERATION: 2. Consider recommendation of approval of a resolution of the City Council of the City of Denton, Texas authorizing the filing of a project application with the North Central Texas Council of Governments for a Regional Solid Waste Program - Local Implementation Project - Recycling and Litter Reduction for $68,000 in the Public Areas of Downtown from the Denton County Courthouse to the new light rail train station; delegating and authorizing George C. Campbell, City Manager, or his designate, to act on behalf of the city in all other matters that are related to this project application, pledging that if funding for this project is received, the City of Denton, Texas will comply with all project requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas; and providing an effective date. Kemler stated that this item concerns litter and recycling containers for public areas. Staff met with the Director of Parks who had in the past considered solar power litter containers but decided not use those containers because they are expensive. The Director was interested in a solid waste grant to fund a number of containers as a pilot program to place those containers in specific areas. It was agreed to move forward and if the grant is awarded, to use it for that pilot program. Board Member Russell asked if the grant is not received there will be no pilot program. Kemler replied that is correct. Board Member Russell moved to approve Item 2 with a second from Board Member Grubbs. The motion was approved by a 4-0 vote. The meeting was adjourned by consensus at 11:24 a.m. This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 DEPARTMENT: Utilities Engineering -1~ ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute a Non-disturbance and Accommodation agreement between the City of Denton, Texas, Rayzor Hillview, L.P., Denton Hillview, L.P., Rayzor Investments, LTD., Range Texas Production, LLC, and Range Production Company regarding lands located in the B.B.B. and C.R.R. Company Survey, Abstract Number 192, Denton County, Texas, and being Lot 1, Block 2 of Rayzor Ranch South, according to the conveyance plat thereof recorded in Cabinet Y, Pages 470-478, Plat Records of Denton County, Texas and adjoining Electric, Communication, Roadway, Access and Utility Easement; and providing an effective date. BACKGROUND In June 2008, the City of Denton and Allegiance Hillview, L.P. entered in to a development agreement (Ordinance 2008-139) regarding certain conveyances by Allegiance to the City of Denton as follows: • Fee-simple conveyance of a 2.00 acre proposed electric substation tract to be situated on the west side of Bonnie Brae, northeasterly corner of Rayzor Ranch South. • Easement to provide for linkage from the contemplated 2.00 acre electric substation tract to Bonnie Brae Street (0.682 acre Electric, Communication, Roadway, Access and Utility Easement). • Temporary construction easement and dedication of the future Bonnie Brae Street right- of-way exaction tract, west side of Bonnie Brae Street - Rayzor Ranch South, to accommodate the alignment and construction of the pending North-South 42-inch Transmission Water Line Project. All of these elements of the development agreement have been effectuated by way of conveyances from Allegiance Hillview, L.P. to the City of Denton. City staff, along with the contracted support services of Land Insight, Inc, Kathy Cunningham, President, have endeavored to eliminate or mitigate the numerous title insurance policy exceptions in respect to the "matters of record" encumbrances associated with the subject 2.00 acre fee tract conveyance and the 0.682 acre access and utility easement tract conveyance. In addition to the safeguards and risk minimization afforded by title insurance, the parties of interest in the mineral estate of the subject tracts have consented to the terms stipulated in the Non-disturbance and Accommodation agreement, for mutual benefit of the affected parties, going forward. As a point of clarification, this agreement is only between the City of Denton and those parties of interest in the mineral estate affecting the subject Allegiance conveyance tracts, Allegiance Hillview, L.P. not being identified as a party in this regard. As additional information, other substantive components to the previously mentioned development agreement with Allegiance Hillview, L.P. involve the City's acceptance of a redemption/repurchase period in regard to the 2.00 acre tract. Allegiance has an option right to reacquire the tract upon failure by the City to construct the contemplated electric improvements within the terms of the agreement. Also, the City is required to effectuate right turn lane improvements and the requisite electric utility relocations for northbound Bonnie Brae Street at its intersection with University Drive at a time when service levels conditions warrant, as stipulated in the Agreement. The redemption/repurchase period will terminate immediately upon the start of construction of the contemplated electric improvements on the 2.00 acre tract. The construction of contemplated electric improvements upon the 2.00 acre tract is imminent. The timing of the City's effectuation of the contemplated right turn lane improvements is solely a function level of service demand and presently any estimation of when that will occur would be too speculative for publication. RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Public Utilities Board - June 8, 2008 (approved Allegiance development agreement 4-0) City Council - June 17, 2008 (approved Ordinance 2008-139 - Allegiance development agreement in regard to 2.00 acre electric substation tract) FISCAL INFORMATION $87.00 Non-disturbance and Accommodation agreement recordation fee EXHIBITS 1. Location Map 2. Ordinance 3. Ordinance 2008-139 4. PUB Minutes from 6/9/08 approving Development Agreement Respectfully submitted, Phil Wilhams, veneral Manager Denton Municipal Electric Prepared by Paul Williamson Real Estate Manager Z\ GU RAYZOR RANCH NORTH UNIVERSITY DRIVE WEST HWY 380 w Q M _w z Nz 0 M UNIVEF RAYZOR RANCH SOUTH 'z 0 Z AD Location of 2.00 acre tract Location of 0.682 acre easement tract m LII w z __j z 0 Q M PARK SCRIPTURE 0 J 0 OUSTON w z Q / CRE L 'L' Location Map Non-disturbance and Accommodation Agreement May 2010 DME 2.00 acre Rayzor Ranch substation tract sAour documentslordinances11fton-disturbance and accommodation ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-DISTURBANCE AND ACCOMMODATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, RAYZOR HILLVIEW, L.P., DENTON HILLVIEW, L.P., RAYZOR INVESTMENTS, LTD., RANGE TEXAS PRODUCTION, LLC, AND RANGE PRODUCTION COMPANY REGARDING LANDS LOCATED IN THE B.B.B. AND C. R.R. COMPANY SURVEY, ABSTRACT NUMBER 192, DENTON COUNTY, TEXAS, AND BEING LOT 1, BLOCK 2 OF RAYZOR RANCH SOUTH, ACCORDING TO CONVEYANCE PLAT THEREOF RECORDED IN CABINET Y, PAGES 470-478, PLAT RECORDS OF DENTON COUNTY, TEXAS AND ADJOINING ELECTRIC, COMMUNICATION, ROADWAY, ACCESS AND UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is the owner of certain lands and easements located in the B.B.B. and C. R.R. Company Survey, Abstract Number 192, Denton County, Texas, and being Lot 1, Block 2 of Rayzor Ranch South, according to Conveyance Plat thereof recorded in Cabinet Y, Pages 470-478, Plat Records of Denton County, Texas (the "Lands") and adjoining electric, communication, roadway, access and utility easement (the "Easement Lands"); WHEREAS, the City intends to utilize the Lands for the construction and operation of an electric substation facility and the Easement Lands for electric, communication, roadway, access and utility purposes related to the construction and operation the electric substation facility; WHEREAS, Rayzor Hillview, L.P., Denton Hillview, L.P. and Rayzor Investments, Ltd. (the "Mineral Owner"), Range Texas Production, LLC (the "Lessee") and Range Production Company ("Operator") (collectively, the "Parties"), pursuant to that certain Surface Use Agreement, dated April 7, 2006, and amended by that certain First Amendment to Surface Use Agreement, dated July 11, 2008, reserved or acquired certain rights regarding the use of the surface of that certain real property containing, among other lands, the Lands and the Easement Lands, related to the exploration and production of the mineral estate; and WHEREAS, the Parties and the City desire that mineral exploration rights will not interfere with the City's contemplated use of the Lands and Easement Lands; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council of the. City of Denton, Texas hereby approves a Non- Disturbance and Accommodation Agreement between the City of Denton, Texas, Rayzor Hillview, L.P., Denton Hillview, L.P., Rayzor Investments, Ltd., Range Texas Production, LLC and Range Production Company, a copy of which is attached hereto and incorporated by reference herein. The City Manager, or his designee, is hereby authorized to execute this Agreement on behalf of the City. scour documentslordinances1101non-disturbance and accommodation ordinance.doc SECTION 2. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r BY: NON-DISTURBANCE AND ACCOMMODATION AGREEMENT This Non-Disturbance and Accommodation Agreement (the "Agreement") is executed this day of , 2010, but effective for all purposes March , 2010, among Rayzor Hillview, L.P., a Texas limited partnership ("Rayzor Hillview"), Denton Hillview, L.P., a Texas limited partnership ("DHL"), Rayzor Investments, Ltd., a Texas limited partnership ("Rayzor") (Rayzor Hillview, DHL and Rayzor are herein collectively referred to as the "Mineral Owner"), Range Texas Production, LLC, a Delaware limited liability company ("Lessee"), Range Production Company, a Delaware corporation ("Operator") and the City of Denton, Texas, a Texas home rule municipal corporation ("City"). RECITALS WHEREAS, City is the owner of a certain tract of land, being Lot 1, Block 2, of Rayzor Ranch South, an addition to the City of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Pages 470-478 of the Plat Records of Denton County, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes (the "DME Tract") and those lands described on Exhibit "B" attached hereto and a part hereof for all purposes located adjacent to the DME Tract (the "Easement Tract"); WHEREAS, the City intends to utilize the DME Tract for the construction and operation of an electric substation facility and the Easement Tract for access to and uses ancillary or related to the contemplated electric substation facility; WHEREAS, pursuant to that certain Surface Use Agreement, dated April 7, 2006, by and between the Mineral Owner and Allegiance Hillview, L.F. ("Allegiance"), recorded in County Cleric's File Number 2006-41744, as amended by that certain First Amendment to Surface Use Agreement, dated effective July 11, 2008, by and between Mineral Owner and Allegiance, recorded in County Clerk's File Number 2008-80692 (the Surface Use Agreement, as amended by the First Amendment to Surface Use Agreement, is herein called the "Surface Use Agreement"), Mineral Owner reserved or acquired certain rights regarding the use of certain real property containing, among other lands, portions of the Easement Tract, in connection with (i) the exploration and production of the mineral estate in, on, and under the lands described in the Surface Use Agreement; and (ii) easements for access and pipeline purposes (collectively, the "Mineral Exploration Rights"); WHEREAS, Lessee was granted certain rights and interests related to the Mineral Exploration Rights, pursuant to that certain Oil, Gas and Mineral Lease, dated on or about February 26, 2008, executed by Rayzor; WHEREAS, the parties desire that both parties' activities within the above described lands be conducted in a coordinated manner so that the exercise of the Mineral Exploration Rights by Mineral Owner, Lessee and/or Operator will not interfere with the City's contemplated use of the DME Tract and Easement Tract, and the City's contemplated use of the DME Tract and the Easement Area will not interfere with the exercise of the Mineral Exploration Rights by Mineral Owner, Lessee and/or Operator; WHEREAS, due to such potential interference, the Mineral Owner, Operator, Lessee and City now desire to enter into this Agreement to mutually accommodate the contemplated uses of the DME Tract and the Easement Tract by the City and by the Mineral Owner, Operator and Lessee. 2 AGREEMENT NOW, THEREFORE, for and in consideration of the sum of Ten and no/100 Dollars (S 10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties hereto, the Mineral Owner, Operator, Lessee and City hereby agree as follows: 1. Mineral Owner, Operator and Lessee hereby irrevocably consent and grant to the City, subject to the terms hereof, the right to place, including the right to construct, repair, reconstruct, maintain and operate, in, on, under, across and over the Easement Tract (i) one or more electric transmission and distribution lines and related infrastructure; (ii) one or more communication cables, lines and related infrastructure; (iii) one or more water and sewer pipelines, and other utilities and related infrastructure; and (iv) paving improvements, as determined by City, related to vehicular and pedestrian ingress, egress and regress (the "Paved Area") (the matters set forth in this Section 1. being collectively referred to as the "City Infrastructure"); provided that such City Infrastructure is constructed in the locations depicted on Exhibit "C" (the "Agreed Locations"), attached hereto and made a part hereof for all purposes. 2. Mineral Owner, Lessee and Operator hereby waive in perpetuity all rights to the surface of the DME Tract and acknowledge (i) that the Mineral Exploration Rights do not affect, in any way, the DME Tract, and (ii) that they shall have no rights of access or any other rights of any kind or type related to utilization of the DME Tract under the Surface Use Agreement or otherwise related to the exploration and production of oil, gas and other minerals and/or pipeline purposes; provided, however, City acknowledges that Mineral Owner has heretofore reserved and holds all mineral rights with respect to the DME Tract, and nothing herein shall be construed 3 to relinquish or waive Mineral Owner's ownership rights in and to the mineral estate, except as expressly provided herein. 3. Mineral Owner, Lessee and Operator acknowledge that they have no rights of access or any other rights of any kind or type related to the utilization of the Easement Tract, except as expressly provided by the Surface Use Agreement, as such rights are modified by this Agreement, related to the exploration and production of oil, gas and other minerals and/or pipeline purposes. The Surface Use Agreement provides for a ten (10) foot wide Reserved Access and Pipeline Easement (herein so called) as more particularly described in the Surface Use Agreement, as well as a thirty (35) foot wide Temporary Construction Easement (herein so called) within strips of land adjoining the Reserved Access and Pipeline Easement as more particularly described in the Surface Use Agreement, with portions of said Reserved Access and Pipeline Easement and Temporary Construction Easement located within the Easement Tract. 4. The City Infrastructure (i) as concerns buried City Infrastructure, shall be located a minimum of 4 feet below the surface of the ground, as measured from the highest point of the buried City Infrastructure so that the City infrastructure does not interfere with any pipeline casement rights provided under the Surface Use Agreement with regard to the Easement Tract; and (ii) as concerns above-ground City Infrastructure, excepting the Paved Area, shall be located a minimum of 18.5 feet above the surface of the ground, as measured from the lowest point of above-ground City Infrastructure. 5. In the event it becomes necessary for Mineral Owner, Lessee or Operator to require the relocation of any of the City Infrastructure, upon the request of Mineral Owner, Lessee or Operator, City agrees to relocate the applicable portion thereof to a location acceptable to the City within the Easement Tract. In such event, so long as the initially installed City 4 Infrastructure which is being relocated was installed within the Agreed Locations and in accordance with Paragraph 4 of this Agreement, any and all expense of such relocation shall be paid by the Mineral Owner, Lessee or Operator requiring such relocation activities. However, if the need for relocation is occasioned by the City's failure to initially install the City Infrastructure within the Agreed Locations and in accordance with Paragraph 4 of this Agreement, then City shall complete such relocation as its own expense. In the event that it becomes necessary for the Mineral Owner, Lessee or Operator to make cuts to or otherwise disturb the Paved Area, such activities shall be at the expense of the Mineral Owner, Lessee or Operator disturbing the Paved Area and shall be performed in a manner so as to allow vehicular and pedestrian access to the. City over and across the Easement Tract to the DME Tract at all times. In the event it becomes necessary for City to require the relocation of any of the Mineral Owner, Lessee or Operator installed pipelines or other facilities, upon the request of City, Mineral Owner, Lessee or Operator agrees to relocate the applicable portion thereof to a location acceptable to the Mineral Owner, Lessee or Operator within the Easement Tract to which it has rights under the Surface Use Agreement, and any and all expense of such relocation shall be paid by the City. 6. Notwithstanding the terms of the Surface Use Agreement, the City's rights in the Easement Tract, as defined and limited herein, shall continue without disturbance, hindrance, or ejection. The Mineral Owner, Lessee or Operator rights in the Easement Tract, as defined and limited herein, shall likewise continue without disturbance, hindrance, or ejection. 7. This Agreement shall be binding upon and inure to the benefit of Mineral Owner, Lessee, Operator and City, and their respective successors and assigns. Further, the rights granted to City, or otherwise stipulated or recognized to be to the benefit of City herein, shall inure to the City, its contractors, agents, employees and any other party acting under the authority of City. 5 8. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not apply to or affect any other provision hereof, and this Agreement shall be construed as if such invalidity, illegality or unenforccability did not exist. 9. This Agreement and its validity, enforcement and interpretation shall be governed by the laws of the State of Texas and applicable United States federal law. This Agreement is performable in Denton County, Texas, and the sole and exclusive venue related to any action hereunder or related hereto shall lie exclusively within the courts of competent jurisdiction located in Denton County, Texas. 10. This Agreement may not be modified orally or in any manner other than by agreement in writing signed by the parties hereto or their respective successors and assigns. 11. This Agreement constitutes the sole and only agreement by the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter addressed by this Agreement. 12. Mineral Owner, Lessee and Operator represent and warrant to the City that they have no right to use of the surface estate of the DME Tract and those portions of the Easement Tract not encumbered by the Reserved Access and Pipeline Easement and Temporary Construction Easement. Mineral Owner, Lessee and Operator represent and warrant to the City that they and they alone hold the rights under the Surface Use Agreement to use the portions of the Easement Tract affected by the Reserved Access and Pipeline Easement and Temporary Construction Easement for the exploration and production of oil, gas and other minerals, as more particularly set forth above. Mineral Owner, Lessee and Operator further represent and warrant that they (i) have corporate power to execute, deliver and perform under this Agreement; and (ii) they have 6 taken all corporate action necessary authorize the execution, delivery and performance of this Agreement. 13. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same agreement, and any of the parties hereto may execute this Agreement by signing any such counterpart. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed the day of , 2010, but effective for all purposes as of March , 2010. CITY OF DENTON BY: ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY J BY: STATE OF TEXAS § COUNTY OF DENTON § GEORGE C. CAMPBELL, CITY MANAGER This instrument was acknowledged before me on , 2010, by George C. Campbell, City Manager of the City of Denton, Texas, on behalf of said city. Notary Public My Commission Expires: 7 RAYZOR HILLVIEW, L.P. a Texas limited partnership By: Rayzor Hillview GenPar, LLC, a Texas limited liability company, its general partner By: The Rayzor Company, a Texas corporation 4soIe member By: Philip Baker, Vice Pr sident STATE OF TEXAS COUNTY OF -1J e,y, rGY) § This instrument was acknowledged before me on , 2010, by Philip A. Baker, Vice President of The Raynor Company, a Texas c rporation, sole member of Raynor Hillview GenPar, LLC, a Texas limited liability company, general partner of Rayzor Hillview, L.P., a Texas limited partnership, on behalf of said partnership. DEANNA MCCLESKEY 1 MY COMMISSION EXPIRES Notary Public March 18, 2414 My Commission Expires: 3 2&& 8 DENTON HILLVIEW, L.P. a Texas limited partnership By: Rayzor Hillview GenPar, LLC, a Texas limited liability company, its general partner By: The Rayzor Company, a Texas corporation its ole member By: 4" ~ Philip A. aker, Vice President STATE OF TEXAS COUNTY OF I e4q-~g y) § This instrument was acknowledged before me on , 2010, by Philip A. Baker, Vice President of The Rayzor Company, a Texas orporation, sole member of Rayzor Hillview GenPar, LLC, a Texas limited liability company, general partner of Denton Hillview, L.P., a Texas limited partnership, on behalf of said partnership. ktk-m-`t it. zu~ 3~~ Notary Public My Commission Expires:. ~10 / - DEANNAACCLESKEY MY COMMISSION EXPIRES March 18, 2014 9 RAYZOR INVESTMENTS, LTD., a Texas limited partnership By: Rayzor Hillview GenPar, LLC, a Texas limited liability company, its general partner By: The Rayzor Company, a Texas corporation &itole member By: Philip A aker, Vice President STATE OF TEXAS § COUNTY OF [ n This instrument was acknowledged before me on , 2010, by Philip A. Baker, Vice President of The Rayzor Company, a Texas orporation, sole member of Rayzor Hillview GenPar, LLC, a Texas limited liability company, general partner of Rayzor Investments, Ltd., a Texas limited partnership, on behalf of said partnership. f~ [)EMM M=FSKEY MY COMMISSION EXPIRES Notary Public Mach 18, 2014 My Commission Expires: 2 / / k' '~O IY - 11 10 LESSEE: STATE OF TEXAS COUNTY OF § \ . --T is 0strument was ate , on C4- acknowledged before me on HKL- 2010, by S Range Texas Production, LLC, behalf of said /YAu 14+4- C ANDICE DURAN Notary Public, State of Texas iaF„~•~' My Commission Expires October 31, 2012 Lq--~' D' Public Date of Expiration: 1v - IS 0 12- 11 STATE OF TEXAS COUNTY OF7;t7ZAWr- § This instrument was knowledged before, me one- c 6f-Range Production 2010, by Company, a E'DilprX` , on b ehalf of said OZe CIILD~' CANDICE DURAN Notary Public, State of Texas My Commission Expires i,Mi• p°j`~ i~'jI~oFSEp~~ October 31, 2012 rnun~ Notary Public Date of Expiration: t a 13- 12 Arthur Surveying Co., Inc. Prsofes s ioxxal X.aud S'urveyms P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 Exhibit A Page I of 2 2.000 ACRES CITY OF DENTON, DEMON COUNTY, TEXAS BEING all of that certain lot, tract or parcel of land situated in the B. B. B. and C. R L Company Survey, Abstract Number 192, City of Denton, Denton County, Texas, and being Last 1, Block 2 of Rayzor Ranch South, an addition to the City of Denton, Denton County, Texas, according to the conveyance pit thereof recorded in Cabinet Y, Pages 470 - 478 of the Plat Records of Demon County, Texas, and being more particularly descn"W as follows: COMl4IENCING at a 5/8 inch iron nod with red cap stamped "Gerry Curtis RPLS 1640" found at the most easeterly northeast comer of Block i of said Rayzor Ranch South, being m the west line of Bonnie Brae Street, having a variable width Right-of-way and from which a 518 inch iron rod with red cap stamped "Gerry Curtis RPLS 1640" found bears South 00 degrees 59 minutes 07 seconds West, a distance of 1438.41 feet and South 00 degrees 46 minutes 04 seconds West, a distance of 1175.56 feet; THENCE South 00 degrees 59 minutes 07 seconds West, with the west line of said Bonnie Brae Street, a distance of 45.00 feet to a; point for corner, THENCE North 89 degrees 04 minutes 21 seconds West, over, across and through said Block 1, a distance of 97.78 feet to a 5/8 inch iron rod with yellow rap stamped "Dunaway and Associates" found at the northeast corner of said Lot 1, Block 2, said point being the POINT OF BEGINNING; THENCE South 00 degrees 53 minutes 20 seconds West, with the east line of said Lot 1, a distance of 295.16 feet to a 5/8 inch iron rod with yellow cap stamped "Dunaway and Associates" found at the southeast corner thereof THENCE North 89 degrees 04 minutes 21 seconds West, with the south line of said Lot 1, a distance of 295.16 feet to a 5/8 inch iron rod with yellow cap stamped "Dunaway and Associates" found at the southwest corner thereof, THENCE North 00 degrees 53 minutes 20 seconds East, with the west line of said Lot 1, a distance of 295.16 feet to a 5/8 inch iron rod with yellow carp stamped "Dunaway and Associates" found at the northwest comer thereof THENCE South 89 degrees 04 minutes 21 seconds East, with the north line of said Lot 1, a distance of 295.16 feet to the POINT OF BEGIVNING, and containing 2.000 acres of land, more or less. c:12008\00 &raymrrmx*stxffil4Wglexh'frit-tWIAIM NORTH 60 60 Feet Lot 1-C PeWW / Chiiam Addidon No. I Cabinet L, Pam 188 Bearings based oer the a of Denton t;S network menument numbers 2011 and 2012. 2' R.O.f 6 t)E!)1CATIOM C((A71/ON1 17 R.01/107 5/8"U GY. - - - - - - (awry C tis RaS 1640)(0-way 'I S..,899*04'21"E 295.76' F;5111'11 (aK & A--m=) I ~ 1 w to to ' Q3 i 0) C%l N Lot 1, Bloch 2 t- Rwfmr Ranch South Cabind Y. Pages 470-478 2.000 Acres r cV 10 1.0 a z Cn sn } (may & N89'04'21 "W 295,16' s/a'i.R F. Slade 1 (may it Asaoe.) / RW" Rands South Cahnict'Y, Pages 470.478 Exhibit A Page 2 of 2 2.000 Acres In the B.B.B. & C. R.R. Co. Survey, Abst. No. 192 City of Denton Denton County, Texas - 2010 - I - 5°. 0. NOM4" g~. -•l lz. : W rrA~A y j d i T Arthur Sure 0.; Inc. Pm.fessiamW Land Surveyors grz Z~x- r~ s~z-2zx-~es~s ,no MW SWW4 Suites200 - P.O. Box M LewisvI-fie Texas 750067 X&M PM Cw Arthur Surveying Co., Inc. P,ZV1bSSi0zW .aua Surmeyms P.O_ Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 Exhibit B Page 1 of 2 8.682 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the B.B.B. & C. R.R- Survey, Abstract Number 192, City of Denton, Denton County, Texas, and being a portion of a tract of land described as Tract One in deed to Allegiance Hdlview, L.P. recorded in Document Number 200641743, Deed Records of Denton County, Texas, and being a portion of Block 1, RAYZOR RANCH SOUTH, an addition to the City of Denton, Denton County, Texas, according to the plat recorded in Cabinet Y, Slide 470 - 478, Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 518 inch iron rod with cap stamped "DUNAWAY & ASSOCIATES" found at the northwest corner of Lot 1, Block 2, said Rayzor Ranch South; TE E"NCE continuing over, through and across Block 1 of said - Rayzor Ranch South the following two (2) calls: North 00 degrees 53 minutes 20 seconds East, a distance of 35.00 feet to a point for corner; South 89 degrees 04 minutes 21 seconds East, a distance of 353.85 feet to a point in the west right-of-way line of Bonnie Brae Street (vale width right-of-way) as desn'bed in the instrument recorded in Instrament Numbers 2008-96935 and 2009-67018 of the Real Property Records of Denton County, Texas; THENCE South 00 degrees 53 minutes 20 seconds Wes4 with the west line of said Bonnie Brae Street; a distance of 330.16 feet to a point for comer; ONCE North 89 degrees 04 minutes 21 seconds West, departing the west line of said Bonnie Brae Street and continuing over, through and across said Block 1, a distance of 58.69 feet to a 518 inch iron rod with cap stamped "DUNAWAY & ASSOCIATES" found at the southeast comer of said Lot 1, Block 2, Rayzor Ranch South; THENCE North 00 degrees 53 minutes 20 seconds East, with the east line of said Lot 1, a distance of 295.16 feet to a 518 inch iron rod with cap stamped -DUNAWAY & ASSOCIATES" found at the northeast corner thereof: THENCE North 89 degrees 04 minutes 21 seconds West, with the north line of said Lot 1, a distance of 295.16 feet to the POINT OF BEGHqNMG, and containing 0.682 acres (29,710 square feet) of land, more or less. - V'a00FW0ftayeranch soAldw&xhft-V= 2ADC NORZ~ 60 0 60 Feet Lot 1-C Peavey IChdstm Addi6anNo.1 Cabinet L, Page 189 w Ni © h 0 Exhibit B Page 2 of 2 8-b?gs based on the City of D000A GS netWVf* monument numbers 2011 and 2012. 2' R.a.fg~30 17' R.O CAT M L/s0 - - ~ ~ S89'0421"E 355 3.85 . to ~W iD Lot I, Block 2 Rayzor Ranch South 0) ~ ~i 2t - CabiM Y, Pages 470478 04 10- 4 N - w C14 Gx3 N I ~ = 0 o W : . (&--y & Ass ) N8910421-W 245.16' 5/&-1:RF. ~ s Block 1 ~-J• & ,1~, N897?4 21 w RW= lunch South 58.69' Cabinet Y, Pages 470 4 1 ~o XM & N89104 21 W 295.16' s%sa a682 Acres in the B.B.B. & C. R.R. Co. Survey. Abst. No. City of Denton Denton County, Tezes - 2010 - Arthur Surveying Co., Inc. Pmfessioff.W Land Sruveyors 972 2219439 I%z 972-221-46"75 Zzo mw swwt &3fta ~zw - P.O. Row 54 7'&=s 7-qO67 F" CDT w s SCALE: 1 inch = 60 feet s LOT 1-C P£ARCY EHR15TDN ADDITION NO. 1 ABtNET L. PAGE 186 78.If1''E4SEM9 r f fo' esK?. - (~-eries~.lydl~ :oa ±a.~fQ. dr, _ex' f .ti l~ ~ • 8 ss•J1E~froaazr oofsmucpni mlr. (~e i 411 loR' ioe a flx; E 1 589'06 f I i I { I m w EXHIBIT licit - AV" 'y {Ik.+awcr b r J f kL v ll. 1 ' i •.~f L ~ l f tf LL L 1 t F f ♦L i ~ .t j i ~ I race 1 f I-__ I. 1 1 II II 'I 1 t rI l 3 1 `I ' l k k f ' f j 1 k i 1 1 f 1 I •4 i I , f ' 1 ; IEASEWEN TRACT ' I ' s i S t - TRACT 1: N 1 ; LOT i. `k~OCK 2 f R I i f 1 ' w k EH"IIGW ZOOO ACRES "NQ SUILWNGS" 1 1 ; A 1 n S , I I i l l , r I , / r ~ 1 I t l I. L i r f r 1 ! r I ~ f • l I : 6 ~f T'. • r ; ? e? f J J J ll ? i k J J I, . 5 1 1 c . I kl t , I r I i 1 ' l 1 t 1 ~ t > 1 ~ 1 ` ~ l I I I ~ 'yt ki f S -5 I k 1 I 1 ' l 3• I ss ~41 4 \?'+lk"JI~C,1R I N88'04'21 R 55.16} N" S ~ k ~ " rl f ~ ~6'0l' b Aipa¢J F _^~yi{ ~ I ' ,per - 1 - L= J 1 f d`i= ititi 6ner9 N rSurf iliti -F P i raun ac es LEGE ace ac es ( av ng) Overhead Facilities I f. r sa I I I , 'I 1 ~-f- tt_ do i . gI i I i~ F ? i N I ~ 1 I 4 ~ . li l 1 I f 2 I 1 1 ; f~ 1 if c r f 1 I f f f f 1r I I I l 1 3 1 f f 'I ~I 1 an ~I ~I I; f I J Ilrrf f g¢~ Iw , I I I I 1 ~ E 1 I 1 L ORDINANCE NO.2008- AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR RAYZOR RANCH (DME SITE) BY AND BETWEEN THE CITY OF DENTON, TEXAS AND ALLEGIANCE HILLVIEW, L.P., A NEW YORK LIMITED PARTNERSHIP, ACTING BY AND THROUGH ITS GENERAL PARTNER, TH GP, LLC (D/B/A TH DENTON GP, LLC), A DELAWARE LIMITED LIABILITY COMPANY (HEREINAFTER CALLED "DEVELOPER") PROVIDING FOR THE DEVELOPER'S CONVEYANCE OF A CERTAIN TWO ACRE TRACT OF LAND TO THE CITY IN ORDER FOR THE CITY TO PROVIDE AN ELECTRIC SUBSTATION TO SERVE THE DEVELOPMENT; AND THE CITY'S ACQUISITION OF EASEMENTS AND THE RELOCATION OF EXISTING ELECTRIC TRANSMISSION LINES AS ARE NECESSARY FOR THE CITY TO CONSTRUCT A CERTAIN "RIGHT TURN ONLY LANE" TOGETHER WITH OTHER MATTERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there are certain improvements that are located in an area zoned in the "Rayzor Ranch Overlay District" which must be constructed and/or moved with respect to the Development's electrical needs; and WHEREAS, the Developer and the City will enter into several Development Agreements, this one being entitled "Developmental Agreement for Rayzor Ranch (DME Site)" regarding certain of the Development's needed electric facilities; and WHEREAS, the Public Utilities Board, an advisory committee of the City Council, has duly considered this "Development Agreement for Rayzor Ranch (DME Site)" at its open meeting on the 9th day of June, 2008, and the Board approved this Development Agreement by a vote of 4 to 0; and recommended this agreement for the approval of the City Council. NOW, THEREFOR THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute the "Development Agreement for Rayzor Ranch (DME Site)" which is attached hereto as Exhibit "A," and to exercise all of the City's rights, duties and obligations thereunder. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 1q day of , 2008. (Y, ~ - 4, ~Q- t-e, - PERRY . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY " - - )j) V+' " By. APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: 4D 0 \ THE STATE OF TEXAS § COUNTY OF DENTON § NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURI'T'Y NUMBER OR YOUR DRIVER'S LICENSE NUMBER DEVELOPMENT AGREEMENT FOR RAYZOR RANCH (DME SITE) This Development Agreement ("Agreement") is entered into by and between the CITY OF DENTON, a Texas municipal corporation in Denton County, Texas (hereinafter called the "City"), acting by and through its duly authorized officers, and ALLEGIANCE HILLVIEW, L.P., a New York limited partnership (hereinafter called "Developer"), acting by and through its general partner, TH GP LLC (d/b/a TH Denton GP LLC), a Delaware limited liability company and its duly authorized officers. WITNESSETH: WHEREAS, Developer owns 410 acres of property, more or less, situated generally north and south of West University Drive/U.S. Highway 380 ("Highway 380"), between Interstate Highway 35 ("IH-35 and Bonnie Brae Street, zoned as the Rayzor Ranch Overlay District Classification according to City Ordinance 2007-068, as amended or superseded (such property being described herein as the "Property"); and WHEREAS, Developer wishes to develop the Property to include a wide variety of commercial, retail, office, housing of various types, open space areas, and other uses pursuant to Ordinance 2007-068, as amended or superseded, also to be known as the Rayzor Ranch Development (the "Development" or "R.ayzor Ranch'); and the electric power demands anticipated by the Development necessitate construction of -a-Denton Municipal Electric substation to serve the Development and customers in its general vicinity, on land of sufficient size, proximity and configuration to accommodate the substation, and located within, or in the immediate proximity of the Development and existing transmission lines, therefore, Developer wishes to transfer and convey by Special Warranty Deed to the City, at no additional monetary cost, certain land within the Property consisting of approximately two (2) acres, more particularly described in the attached Exhibit "A" (the "DME Site"), as specific consideration for City's construction of a certain Right Turn Only Lane ("RTO Lane's necessitated by the Development and described herein, including City's acquisition of easements and relocation of existing electric transmission lines as necessary to the construction of that RTO Lane, as set forth on the attached Exhibit "B" ("Site Plan"). NOW THEREFORE, in consideration of the mutual covenants and obligations herein, the parties agree as follows: Rayzor Ranch Development Agreement (DUE Site) Page 1 SECTION 1. DEVELOPMENT AGREEMENT Developer and the City agree to the following: A. DME Substation. Within sixty (60) days of the mutual execution of this Agreement by all necessary parties, Developer shall transfer to City at no cost by Special Warranty Deed a two (2) acre parcel of land to be used for a Denton Municipal Electric substation,. The location of the proposed substation and Access Drive are shown on Exhibit "A", attached hereto and incorporated herein by reference. The City shall construct the Denton Municipal Electric substation on the DME Site and take measures necessary to accommodate the electric power needs of the Development, in accordance with applicable law. In the unforeseen event that City commences any permanent use of the DUE Site which does not include the use of the site as an electric substation, or otherwise benefit or support City's operation of an electric utility, and further provided that City has not commenced construction of any part of the substation, Developer may, but is not obligated to, purchase preferentially the DUE Site from the City at the price of $400,000.00, to the extent such preferential purchase may be allowed by State law and justified by the public purpose contemplated by this Agreement. Under no circumstances shall this repurchase option extend more than forty (40) years following execution of this Agreement, and it shall terminate immediately upon commencement of construction of the electric substation. Notwithstanding any such event or repurchase (if allowed), the remaining obligations of the parties under this agreement shall continue in full. B. Improvements to Bonnie Brae at its intersection with University Drive/U.S. Highway 380. The Traffic Impact Analysis (the "TIA") for Rayzor Ranch identifies that a right tam lane will be required on northbound Bonnie Brae, turning east on University Drive/U.S. Highway 380. The City will install the right-turn lane at the intersection of U.S. Highway 380 and Bonnie Brae at its sole expense in accordance with requirements and/or recommendations set forth in the TIA and in a timely manner and in accordance with applicable law. It is anticipated that the right turn lane at this location will be installed by the City at such a time in order to prevent the level of service ("LOS") of the affected intersection from dropping below LOS "D" as affected by the existence/presence of this turn lane. The Developer understands and acknowledges that the additional right-of-way ("ROW") required at this intersection for the construction of the right turn lane will cause the City to incur additional costs for the purchase of the additional ROW (0.15 acres) and for the reconfigured easements for the adjacent water agrees to reimburse the City for these additional property costs at the actual value of the purchase, up to a total maximum expenditure of $25,000.00, within thirty (30) days of receipt of an invoice from the City for the ROW and easement expenditure. The City will relocate electric transmission lines as needed to accommodate the right turn lane at the intersection of U.S. Highway 3 80 and Bonnie Brae at its sole expense and in a timely manner. Rayzor Ranch Development Agreement (DME Site) Page 2 C. Dedication of ROW and Easement Along Bonnie Brae. Within thirty (30) days of the mutual execution of this Agreement by all necessary parties, Developer shall transfer to City at no cost the ROW dedication for the ROW on the Developer's property along Bonnie Brae (width as approved by variance in conjunction with submittal V08-0003 including all necessary turn lane ROW at Scripture as submitted in accordance with the TIA and accepted by the City) and a twenty five foot wide temporary construction easement (25' TCE) for the construction of the North-South Water Main. In addition, Developer will install no landscape buffer in the area of the TCE or in areas needed for the construction of the DUE substation until such activities are completed by the City. D. Access Drive and Utility Easement. Developer shall provide the access and utility easements as shown on Exhibit "A" (the "Access Drive") via plat or by separate instrument, not later than the time of approval of the final plat. Upon such transfer, City is hereby authorized to construct and maintain an all-weather, access drive of gravel, crushed rock, or other surfaces, materials or designs of its exclusive choice and in its exclusive discretion, anywhere within the Access Drive. E. Drainage. Developer acknowledges that the initial grading on and around the DUE Site has resulted in significant drainage problems that must be resolved before construction can begin on the electric substation. The Developer hereby agrees to take such temporary steps as may be necessary to direct surface drainage away from and to the south of the substation site and maintain such temporary measures at his expense until permanent drainage control is completed. This shall include regarding and placing suitable fill material back into the drainage channel that has been created along and north of the northern boundary of the DME Site. Thereafter, Developer agrees to develop Rayzor Ranch in a manner that diverts runoff away from the DUE Site and Access Drive, installing permanent drainage improvements within the Development for that purpose, consistent with City's development standards, and creating easements, deed restrictions or other legal instruments obligating subsequent owners of those portions of the Development containing such permanent drainage improvements to maintain them as necessary to divert such runoff away from, and prevent it from entering or encroaching onto, the DME Site and Access Drive. The City agrees that it will construct all improvements on the DME Site at elevations equal to or greater than those set forth on the grading plan attached hereto as Exhibit "C°'. transferring the DME Site and Access Drive, Developer agrees to acquire and eliminate any and all easements within the DUE Site that are not necessary to the substation or the Development. If the pipeline construction proposed adjacent to or near the east and north boundaries of the DUE Site occurs, and necessitates granting an easement for that purpose, Developer shall include restrictions in the granting documents as necessary to assure and protect City's continuing and functional access to the DUE Site at all times. SECTION 2. DELAYS AND FORCE MAJEURE It is expressly understood and agreed by the parties to this Agreement that if the substantial completion of the construction of any improvements contemplated hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, governmental Rayzor Ranch Development Agreement (DME Site) Page 3 restrictions, regulations, or interferences, delays caused by the franchised utilities (Denton Municipal Electric, CoServ Electric, Southwestern Bell Telephone, Atmos Energy, Charter Cable, Verizon or any of their predecessors or successors or other utilities, or any of their contractors), fire or other casualty, court injunction, necessary condemnation proceedings, acts of the other party, its affiliates/ related entities, and/or their contractors, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. The obligations subject to enlargement of time without penalty do not include funding obligations or obligations delayed for financial reasons. SECTION 3. TERM The term of this Agreement shall begin on the date of execution, and end upon the complete performance of all obligations and conditions precedent by the parties to this Agreement. Upon execution, this Agreement shall be recorded in the Denton County Real Property Records as covenants running with the land. Developer's obligations shall be binding upon subsequent purchasers of the Property and/or the Developer's successors, assigns, agents or representatives, until all obligations of the Developer are satisfied in full. SECTION 4. INDEMNIFICATION DEVELOPER SHALL JOINTLY AND SEVERALLY INDEMNIFY AND HOLD HARMLESS THE CITY, MEMBERS OF THE CITY COUNCIL, AND ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND CONSULTANTS (EACH PERSON DESCRIBED HEREIN CALLED AN "INDEMNIFIED PARTY" AND COLLECTIVELY, THE "INDEMNIFIED PARTIES") AGAINST ANY AND ALL INDEMNIFIED LIABILITIES SUBJECT TO THE RESTRICTIONS IN THIS SECTION 5. IF AN INDEMNIFIED PARTY INCURS ANY INDEMNIFIED LIABILITIES, THE DEVELOPER SHALL FULLY REIMBURSE SUCH INDEMNIFIED PARTY FOR ALL SUCH INDEMNIFIED LIABILITIES INCURRED. THE DEVELOPER CONFIRMS THAT ANY INDEMNIFICATION UNDER THIS AGREEMENT FOR INDEMNIFIED LIABILITIES FOR -PERSONAL INJURY OR PERSONAL PROPERTY-DAMAGE-MAY ARISE-OUT-OF-THE NEGLIGENCE OF ANY INDEMNIFIED PARTY IN CONJUNCTION WITH THE INDEMNIFIED PARTY'S ACTIVITIES, DUTIES OR RESPONSIBILITIES RELATING TO THE WORK TO BE PERFORMED BY THE INDEMNIFIED PARTIES UNDER OR IN ASSOCIATION WITH THIS AGREEMENT. * HOWEVER, THE DEVELOPER WILL NOT BE REQUIRED TO INDEMNIFY AND/OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR ANY LOSSES OR INDEMNIFIED LIABILITIES THAT RESULT FROM THE INDEMNIFIED PARTY'S SOLE NEGLIGENCE, INTENTIONAL MISCONDUCT OR KNOWING VIOLATION OF THE LAW. TO THE EXTENT APPLICABLE, THE DEVELOPER SHALL BE SUBROGATED TO ANY CLAIMS OR RIGHTS OF THE INDEMNIFIED PARTIES AS AGAINST ANY OTHER PERSON (BUT NOT AN INDEMNIFIED PARTY) WITH RESPECT TO INDEMNIFIED LIABILITIES PAID BY THE DEVELOPER. FOR PURPOSES OF THIS SECTION 5, "INDEMNIFIED LIABILITIES" Rayzor Ranch Development Agreement (DME Site) Page 4 SHALL BE DEFINED TO INCLUDE ALL LOSSES INCURRED BY ANY OF THE INDEMNIFIED PARTIES THAT ARE RELATED TO, ARISE OUT OF OR ARE ASSOCIATED WITH: (1) THE CONSTRUCTION OF THE WORK THAT IS CONTEMPLATED BY THIS AGREEMENT; (2) ANY BREACH OF OR INACCURACY IN ANY REPRESENTATION OR WARRANTY MADE BY THE DEVELOPER, ITS GENERAL PARTNER, OR PARTIES UNDER ITS CONTROL; (3) ANY BREACH OR NON- PERFORMANCE, PARTIAL OR TOTAL, BY DEVELOPER OF ANY COVENANT OR AGREEMENT OF THE DEVELOPER CONTAINED IN THIS AGREEMENT; (4) ANY CONDITION CREATED IN OR ABOUT THE SITE OF THE WORK CONTEMPLATED BY THIS AGREE; AND (5) ANY ACCIDENT, INJURY OR PROPERTY DAMAGE WHATSOEVER OCCURRING IN, AT OR UPON THE SITE OF THE WORK CONTEMPLATED BY THIS AGREEMENT. SECTION 5. EVENTS OF DEFAULT A default shall exist if either Developer or the City fails to perform or observe any material covenant contained in this Agreement. The non defaulting party shall promptly notify the defaulting party in writing upon becoming aware of any change in the existence of any condition or event which would constitute a default or, with the giving of notice or passage of time, or both, would constitute a default under this Agreement. Such notice shall specify the nature and the period of existence thereof and what action, if any, the notifying party requires or proposes to require with respect to curing the default. SECTION 6. REMEDIES If a default shall occur and continue, after thirty (30) days' advance written notice to cure default, the following measures of damages shall apply, in proportion to the harm caused by the breach: A. Upon a showing of Developer's breach, City's remedies shall include specific performance on the transfer of the DUE Site and Access Drive to City, if not sooner completed, or, alternatively, if, but only if, specific performance is not available to the City, the cost to acquire a similar substitute site in the immediate proximity of the Development and existing electric transmission lines, of equal or greater size and suitability-for-the-intended-purpose. - B. Upon a showing of City's breach, Developer's remedies shall be limited to monetary compensation for the DME Site and Access Drive, not to exceed $400,000, which the parties stipulate to be the negotiated present value of DME site and Access Drive in the absence of the RTO Lane construction, less offset of any reasonable, actual, out-of-pocket costs incurred by the City's construction of the RTO Lane. The parties acknowledge that City intends to improve the DME site and Access Drive with fixtures and infrastructure that far exceed the stipulated value of the DME Site and Access Drive, and that the size and proximity of the DUE Site and Access Drive are critical to the intent and purpose of this Agreement. Accordingly, the parties stipulate that any resolution of a contractual dispute must include transfer of the DME Site and Access Drive to City as a specific Rayzor Ranch Development Agreement (DME Site) Page 5 remedy, subject to appropriate monetary offsets and awards contemplated by this Agreement, if any. Nothing in this Section shall be construed to waive any sovereign, governmental immunity available to the City under Texas law. Nothing in this Section shall be construed as a waiver or release of any right, remedy or cause of action that is available to the City under or as a result of this Agreement, in equity or at law. SECTION 7. VENUE AND GOVERNING LAW THIS AGREEMENT SHALL BE INTERPRETED AND THE RIGHTS OF THE PARTIES DETERMINED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES APPLICABLE THERETO AND THE LAWS OF THE STATE OF TEXAS APPLICABLE TO AN AGREEMENT EXECUTED, DELEIVERED AND PERFORMED IN THE STATE OF TEXAS. This Agreement is performable in Denton County, Texas, and venue of any action arising out of this Agreement shall be exclusively in Denton County, Texas. This Agreement shall be governed and construed in accordance with the laws and court decisions of the State of Texas. SECTION 8. NOTICES Any notice required by this Agreement shall be deemed to be properly served if deposited in the U.S. Mail by certified letter, return receipt requested, addressed to the recipient at the recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. If intended for the City, to: George C. Campbell, City Manager City Hall- 215 E_ McKinney Denton, Texas 76201 If intended for Developer, to: Allegiance Hillview, L.P. c/o Torreon Capital, LP 515 Congress Avenue, Suite 2525 Austin, Texas 78701 Attention: Rex Paine Phone: (512) 472-6777 Fax: (512) 472-6731 Rayzor Ranch Development Agreement (1)ME Site) Page 6 With copies to: Fortress Investment Group LLC 5221 N. O'Connor Blvd, Suite 700 Irving, Texas 75039 Attention: Andy Osborne Phone: (972) 532-4335 Fax: (214) 260-0938 Brown McCarroll, L.L.P. 111 Congress Avenue, Suite 1400 Austin, Texas 78701 Attention: Robert L. Davis Phone: (512) 479-9706 Fax: (512) 479-1101 SECTION 9. GIFT TO PUBLIC SERVANT A. The City may terminate this Contract immediately if Developer has offered, conferred or agreed to confer any benefit upon a City employee or official that the City employee or official is prohibited by law from accepting. B. For purposes of this Article, "benefit" means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct or substantial interest, but does not include a contribution or expenditure made and reported in accordance with law. C. Notwithstanding any other legal remedies, the City may require Developer to remove any employee of Developer from the Project who has violated the restrictions of this Section or any similar state or federal law, and obtain reimbursement for any expenditures made to Developer as a result of the improper offer, agreement to confer, or conferring of a benefit to a City employee or official. SECTION 10. APPLICABLE LAWS This Agreement is made subject to the provisions City, as amended, and all applicable state and federal laws. SECTION 11. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or. unenforceability shall not affect any other provision thereof and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. Rayzor Ranch Development Agreement (DME Site) Page 7 SECTION 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. SECTION 13. CAPTIONS The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. SECTION 14. SUCCESSORS AND ASSIGNS The terms and conditions of this Agreement are binding upon the successors and assigns of the parties to this Agreement. Developer may assign, in whole or in part, this Agreement to an affiliate of Developer, or a successor owner of the Property (a "Permitted Assignee") at any time during the term hereof subject to City's prior written consent and approval, which consent and approval shall not be unreasonably withheld. Developer shall be released from all liability hereunder to the extent of such assignment to a Permitted Assignee, provided that Assignee adequately demonstrates its ability to undertake and satisfy the requirements of the assignment to City's satisfaction. SECTION 15. RECITALS EX13iB1TS The terms and provisions of the recitals and the terms and provisions of the following exhibits and attachments are incorporated into this Agreement as if fully set forth herein: Exhibit "A" - Legal Description of DME Site and Access Drive Exhibit "B" - Site Plan (Showing RTO Lane) SECTION 16. ENTIRE AGREEMENT This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters contained in this Agreement and, except as otherwise provided in this Agreement, cannot be modified-without-written-agreement-of-the-parties-to-be-attached-to-and-made-a-part of-this Agreement. EXECUTED this &day of 2008, by the City, signing by and through its City Manager, duly authorized t execute same by Ordinance No. I~~~' approved by the City Council on June 17, 2008, and by Developer, acting through its duly authorized officers. Rayzor Ranch Development Agreement (DME Site) Page 8 CITY OF DENTON George C. Campbell City Manager By: c- City Manager ALLEGIANCE H LLVIEW, L.P., a New York limited partnership By: TH GP LLC (d/b/a TH Denton GP LLC), a Delaware limited liability company, its general partner Rayzor Ranch Development Agreement (DIvIE Site) By: Name: dy Osber e Title: Aut j,~,,-e-,ep! Si5,Atwy Page 9 APPROVED AS TO FORM: EDWIN M. SNYDER EXHIBIT "A" 2.00 ACRE TRACT B.B.B & C.R.R. COMPANY SURVEY, ABSTRACT NO. 192 CITY OF DENTON, DENTON COUNTY, TEXAS METES AND BOUNDS 2.00 Acres B.B.B. & C.R.R. Company Survey, Abstract No. 192 City of Denton, Denton County, Texas BEING a 2.00 acre tract of land situated in the B.B.B. & C.R.R. Company Survey, Abstract Number 192, City of Denton, Denton County, Texas, and being a portion of a called 256.8981 acre Shepherd Hall tract (hereinafter referred to as Tract 1) of land described in the Deed to Allegiance Hiliview, L.P., recorded as Denton County Clerk's File Number 2006-41743 in the Official Public Records of Denton County, Texas (hereinafter referred to as OPRDCT), with the herein described tract of land being further described as held on the ground by metes and bounds as follows: COMMENCING at a 5/84nch Iron rod found in the west right of way line of Bonnie Brae Street, a called variable width right of way, and the northeast comer of Tract 1; THENCE North 89004"34" West, leaving the west right of way line of Bonnie Brae Street and being in the north line of Tract 1, a distance of 39.11 het to a point; THENCE South 00.33'07" West, leaving the north line of Tract 1, along a proposed right of way dedication, a distance of 45.00 feet to a point; THENCE North 88.04'34" West, along a proposed 30 foot wide proposed public access easement and leaving said proposed right of way dedication, a distance of $8.74 het to the POINT OF BEGINNING; THENCE running through the said Tract 1 the following courses and distances: South 00.33"07" West, along the west line of a proposed 10 foot wide pipeline easement, a distance of 295.16 feet to a 5/8-inch iron rod set with cap stamped "KHA" (herein after called 5/8-Inch iron rod set) for comer; North 8900414" West, across said Tract 1, a distance of 295.16 feet to a 5184nch iron rod set for comer, North 00°53'07" East, across said Tract 1, a distance of 295.16 feet to a 5184nch iron rod set for comer to the south line of said 30 foot wide proposed public access easement; South 89°0434" East, along the south line of said proposed public access easement, a distance of 293.16 feet to the POINT OF BEGINNING and containing 2.00 acres, more or lose. Bearing system based upon the Texas Coordinate System of 1983, North Central Zone (Grid Azimuth) ti Page 1 of 2 ~IL EXHIBIT "A" 2.00 ACRE TRACT B.B.B & C.R.R. COMPANY SURVEY, ABSTRACT NO. 192 CITY OF DENTON, DENTON COUNTY, TEXAS t%A y , ,v 16' UTUJTY EASEMENT CAB. B. PG. 34 P.R.D.C. T. --T LOTS 1-A, 1-8, & 1-C flON No. 1 PEARCY/CHRIStOW ADOI L. SLIDE 188 CAB. P.R.D.C L 30' UnuTY. DRAINAGE AND N 89'0434" DINE ACCESS EASEMENT 39.11' (BY PLA1) S 00'5307" W to' FUTURE 45:00' T &L PIPELINE EASEMENT N 8917434" W s 74'- - - I I I I i WI ~20' UT►UTY EASEMENT 1 1 --f 35' _ - _ CONSTRUCTION EASEMENT (O rn N W „O O FUTURE BL OCK 2 z yr N I I 3 1 1 II P i~ g 1~ y 1~ 2 N 89104'34" W 295.18' m+ T ' I - CALLED 256.8981 ACRES (TRACT 1) ALLEGIANCE HILLWEW, L.P Inst. No. 2006-41743 rvxw~p O.P.R.D.C.T. IRF - IRON ROD FOUND IRFC - CAPPED IRON ROD FOUND IRSC - CAPPED IRON ROD SET CM - CONTROL MONUMENT GRAPHIC SCALE y~ III I I ~ I III I III I III I LANDSI APE BUFFER I 100 0 50 100 200 IN FEET ) 00 S 89004'34" E 1295.18' ff 1111 ti~ 35'PUIURE CONSTRUCTION EASEMENT FUTURE LOT 1, BLOCK 2 2.00 ACRES (87,120 SQ. FT.) 0,6608 ACRES (291 SO. FT.) FUTURE PUBLIC ACCESS 'G- LANDSCAPE & U1IuTY EASEMENT (BY PLAT) FUTURE 10' PIPELINE - EASEMENT EMERY STREET 'OINT OF MMENCING CALLED 0.2714 ACRES UNDA CASIAS LYSTAD V L 1154, PC. 672 R.P.R.O.C.T. /6" w LOT 1. BLOCK A NMVDSOR HALL AODIAOA 3 CAB. K. SLIDE 379 P.RO.C t W a CALLED 0.267 ACRES MAMLW R JAWE lU .07-7727 INSt m .8 R..R.O.C. t W Z co ~ LOT 1, BLOCK 1 JAW ADD117O N CAB. I, SLIDE 85 P.R.O.a t I~► 0.2628 ACRES (11.447 S0. FT.) FUTURE RJOHT-OF-WAY OEDICAWN LOT Z BLOCK i C&4 P.R.D.C.T. WAY N W E S r: ~x 1 inch = 1 ft. Page 2 Of T 01=IMIeR 2 i' ~ (INOd NOI.LN313G. A8VLOdh0.i jO NL»R~ ~~OM ~VULN~110d i -]a Vf3,D6lr_ e';.L:r' _.L ~'33~:idY'?w?'d SCJ'£."f!;421-"11 ,rv ONOd°vr s s ;3 a aAWI1 HI tl ~ !~~1hka141t,1~5Jp YVV 9H.4. ,n+3 N`) . 4_ r N"" p t 9NmwOO~ . bEVPI4VI~ 1 d:f3F-A ,13 ..)'3X-6 l 1NI,103~ ~,~V -..HIVv 9,E1 icC.fy`~fk~vpIKIlV_.3 _li{A_'?B*~3 ~H-§ii ~ A08-ir @j,ac!NwH:+ifd3Y'u _~lr,W ~ Fj3!V§-)O,Su J-{€ ?,1.:k...wvd kN'4"JI 311.4M4 _ 2 ~°p p u41'~ ' FI @! ~ ~ Q ;31VOS ~ ~ ~ pl ~ P E rQ viso€~s "~'9 ~iNNt7O (13SOd+~~~i 3~ I'S N{~E ~ ~ m . . . . ~ - - s ~ c:p ~ , OW)J K; 'd tU -fEVNO:._ 9 . . ~ z ~ ~ m 3 w eq} 3 = ~ > ~ . ~h c.Ir'Sty MJVS~r~ur,~~lLU.:,,,~,~~ ~ ~ Cl~ ` ~ , L r1n,; k^ ~ ~ Z 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 MINUTES PUBLIC UTILITIES BOARD June 9, 2008 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on Monday, June 9, 2008 at 9:03 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton. Present: Chair Charldean Newell, Bill Cheek, Randy Robinson and Bill Grubbs Ex Officio Members: George C. Campbell, City Manager Howard Martin, ACM Utilities Absent: Dick Smith, John Baines and Phil Gallivan, all excused OPEN MEETING: CONSENT AGENDA: The Public Utilities Board has received background information, staffs recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. 2) Consider recommending approval of a proposed Development Agreement between the City of Denton, Texas and the Rayzor Ranch Development pertaining to the Rayzor Ranch proj ect. Board Member Randy Robinson moved to approve Item 2 with a second from Board Member Bill Grubbs. The motion was approved by a 4-0 vote. The meeting was adjourned by consensus at 11:00 a.m. Charldean Newell, Chairper on Howard Martin, ACM Utilities Ann Forsythe, Boards and Committees Coordinator AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during a House Concert hosted by Cassandra Fuhrmann. The House Concert will be located at 616 Woodland Street on Sunday May 23, 2010, beginning at 5:00 p.m. and concluding at 8:00 p.m. This request is for an increase in decibels from 65 to 69 and for amplified sound on Sunday. Staff recommends approving the noise exception request. BACKGROUND This is a second request for the House Concert to be held at a residence. A House Concert is defined as a musical event presented in someone's house or backyard where families and neighbors can share music and artists can perform to an intimate crowd. The music to be presented would be limited to Americana, Folk, and Bluegrass artists consisting of solos or duet acoustic acts. The audience would be limited to 50 people maximum with an average crowd expectation of approximately 30 in attendance. A House Concert is not a public event and anyone wishing to attend must have an invitation. Traffic from University Drive noise was unofficially measured at 65 decibels and Ms. Fuhrmann is requesting an increase of decibels to 69 so the music can be heard over the traffic noise. No large bands will be invited to perform at this venue. Currently, Dallas, Fort Worth, Garland, Grapevine, Richardson, and Arlington are among the 46 cities in Texas that have House Concerts. Ms. Fuhrmann's event will help to promote Denton's music scene in a more intimate atmosphere. Ms. Furhmann would like to have several future House Concerts held in her large backyard. Ms. Fuhrmann has secured approval from the neighboring area for the extended decibel level. RECOMMENDATION Staff recommends approving the noise exception request. The first House Concert performance was held on March 28, 2010, and there were no complaints from neighbors during the concert. EXHIBITS 1. Letter of Request Respectfully submitted: w Emerson Vorel, Director Parks and Recreation Department Prepared by: Janie McLeod Community Events Coordinator Janie McLeod April 12, 2010 Community Events Coordinator City Hall East 601 E. Hickory, Suite B Denton, TX 76205 RE: Requesting an exception to noise ordinance to host a backyard "House Concert". Date: Sunday, May 23rd Time: Between the Daylight Saving's hours of 5:00 p.m. and 8:00 p.m. Total concert time is a maximum of 2 hours, with short breaks in between sets, i.e. 30 minute opening act and two 45 minute sets from featured artist. Location: In the backyard of the residence at 616 Woodland Street Denton, Texas 76209. Venue parking to be located around the grassy area at Woodland and Frame Streets, behind the non operational Texas Woman's University Development Center. Activites to be conducted: House Concert - A house concert very simply defined is a musical event presented in someone's home or another small space such as a backyard or community meeting room. It is a chance to introduce some wonderful singer/songwriters to an audience in a setting where people are gathered to focus on music. A place where families and neighbors can get together to share music and where artists can perform to an intimate crowd where talking is not allowed during the performance. The music will be limited to Americana, Folk and Bluegrass artists consisting of a solo or duet acoustic act. A Denton artist will be asked to perform as the opening act to represent the numerous talented Denton musicians available to us in this town. The listeners in attendance will be limited to 50 people. House Concerts are not public events, they are by invite only. The backyard at 616 Woodland Street consists of 9,400 square feet on the 0.35 acre lot. The "stage" where the artist will perform is over 150 feet from Woodland Street. During an unofficial decibel test performed by homeowner 50 feet from the artists' stage, the average reading was 65 dB without music. The high decibel count is due to the traffic on 3801University. When the same test was performed with music/vocals the average was 69 dB, only four decibels louder to be heard over the traffic on 380. When the same test was performed from Woodland Street (150 ft from the stage), the decibel reading was 60 dB without music and only 63 dB with music/vocals. A sound test was also performed from the streets surrounding Woodland Street and neither music nor vocals could be heard (Bell Avenue, Roberts Street and Frame Street). Explanation of how the public interest will be served: Denton is known for its active music life, which in 2008 Paste Magazine named America's "Best Music Scene." In 2007 and 2008, Denton's music scene received feature attention from The Guardian, Pop Matters, and the New York Times. Paste Magazine named Denton the best music scene in the United States in 2008. In recent years, Denton's music scene has been compared to Austin, Texas, which itself is nicknamed the "live music capital of the world". - wikipedia House Concert's demographics include 30-60 year old music lovers who prefer a quiet intimate outdoor setting. The "Domino Hall" House Concerts at 616 Woodland Street would offer a more personalized experience to the listeners who would otherwise not attend the smoky bar and night scene readily available across town. It would also encourage more neighbors to meet and more networking to take place. With a Denton artist as the opening act for each month's concert we are helping introduce our local talent to an audience who might not otherwise be familiar with them. The artist will also be given the opportunity to sell their albums and other merchandise. It is a great opportunity to support our local talent and assist them as they strive to succeed as an independent artist. Thank you for your time and consideration, Cassandra Fuhrmann 616 Woodland Street Denton, Texas 76209 Ph: 972-822-7180 Email: cfuhrmann@hotmail.com Exception to Noise Ordinance - Signature Sheet Re: 616 Woodland Street Backyard House Concerts Dates: On the 4th Sunday of Mar. Apr. May. Aug. Sgpt. Or, Times: Between the hours of 5:00 p.m. and 6:00 p.m- 1 'r~ci1 1-gy 0 Y OA MA -C c 62uir V,~ I y ° k'! GL ~ r K 3 / a9 V OIr s s roe A) IVIC 77,2-;A r az 6`l2 € 2 1"_ This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 DEPARTMENT: Planning and Development, Building Inspections Division ACM: Fred Greene, Neighborhood Services SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 28 of the Code of Ordinances to adopt the 2009 International Energy Conservation Code, as published by the International Code Council, and to establish local amendments thereto; establishing a penalty of a fine not to exceed $2,000.00 for violations thereto; providing for severability; repealing all ordinances in conflict herewith; and providing an effective date. BACKGROUND On March 23, 2010, the Building Inspections staff presented an introduction to the 2009 International Energy Conservation Code (IECC) to the Committee on the Environment (COE). During this presentation, staff gave an overview of several of the significant changes made to the 2006 IECC - now published in the 2009 IECC. Staff also highlighted the fact that compliance to the 2006 IECC means the City would have to surpass the requirements of the residential section of this Code by at least 10%. The 2009 IECC has been demonstrated to surpass the requirements of the residential section of the 2006 IECC by an estimated 12% to 20%. In other words, the 2009 IECC is 12% to 20% more energy efficient than the previous 2006 IECC. In addition to the above, staff reviewed two (2) of the most commonly utilized code compliance software used to measure compliance with the energy code; the International Code Compliance Calculator (I0), published by Energy Systems Laboratory, an arm of Texas A & M; and REScheck published by the U. S. Department of Energy. After the conclusion of the March 23, 2010 presentation, members of the COE recommended that staff write an ordinance to adopt the 2009 IECC, maintaining the 10% above minimum requirement stipulation for residential construction. RECOMMENDATION Staff recommends the adoption of the 2009 IECC as amended by the City. The amendments include the following: (1) a definition for glazing area; (2) a requirement that the applicant surpass the residential section of the Code requirements by at least 10%; (3) a requirement that insulation placed in a wall shall be enclosed on all sides; and Page 1 of 3 (4) a minimum envelope requirement for room additions to existing residential structures. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On March 23, 2010, staff presented the 2009 IECC to the COE. On April 15, 2010, the Construction Advisory and Appeals Board voted in the affirmative to recommend the adoption of the 2009 IECC by the City Council along with staff recommended amendments. On April 23, 2010, the Committee on the Environment voted in the affirmative to recommend the adoption of the 2009 IECC with staff recommended amendments by the City Council. FISCAL IMPACT Staff does not anticipate any fiscal impact as a result of adopting this Code. OPTIONS 1. Request more information about the 2009 IECC 2. Postpone consideration 3. Table item for future consideration RECOMMENDATION Staff recommends that the City Council adopt the 2009 International Energy Conservation Code as amended. EXHIBIT The Proposed 2009 International Energy Conservation Code Adoption Ordinance Respectfully prepared and submitted by, Z~~ 7vaWAL"' Kurt Hansen. Building Official City of Denton Respectfully submitted: Mark Cunningham, AICP, CPM Page 2 of 3 sAour documents\ordinances\10\energy code ordinance 2009.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES TO ADOPT THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, AND TO ESTABLISH LOCAL AMENDMENTS THERETO; ESTABLISHING A PENALTY OF A FINE NOT TO EXCEED $2,000.00 FOR VIOLATIONS HERETO; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. SECTION 1. Chapter 28 of the Code or Ordinances of the City of Denton is hereby amended by re-designating sections 28-253 through 28-295 as a new Article of said Chapter, entitled "Energy Conservation Code", and amending existing sections 28-253 and 28-254 to read as follows: Sec. 28-253. Adoption of the energy conservation code. The International Energy Conservation Code, 2009 edition as published by the International Code Council is hereby adopted and designated as the energy conservation code for the city subject to the deletions and amendments enumerated in section 28-254. A copy of this code shall be maintained in the Office of the City Secretary and be available for public inspection. Sec. 28-254. Amendments to the 2009 International Energy Conservation Code (1) SECTION 202 GENERAL DEFINITIONS is amended by adding the following definition: GLAZING AREA. Total area of the glazed fenestration measured using the rough opening and including sash, curbing or other framing elements that enclose conditioned space. Glazing area includes the area of glazed fenestration assemblies in walls bounding conditioned basements. For doors where the daylight opening area is less that 50 percent of the door area, the glazing area is the daylight opening area. For all other doors, the glazing area is the rough opening area for the door including the door and the frame. (2) SECTION 401.2 COMPLIANCE is amended to read as follows: 401.2 Compliance. As a minimum, projects shall comply with Sections 401, 402.4, 402.5, and 403.1, 403.2.2, 403.2.3, and 403.3 through 403.9 (referred to as the mandatory provisions) and either: 1. Sections 402.1 through 402.3, 403.2.1 and 404.1 (prescriptive); or 2. Section 405 (performance); and 3. Demonstrate surpassing the minimum compliance of this code by 10% or more. Page 1 sAour documents\ordinances\10\energy code ordinance 2009.doc (3) SECTION 402.2.12. INSULATION INSTALLED IN WALLS is added to read as follows: Section 402.2.11. Insulation installed in walls. Insulation batts installed in walls shall be totally surrounded by an enclosure on all sides, consisting of framing lumber, gypsum, sheathing, wood structural panel sheathing or other equivalent material approved by the building official.' (4) SECTION 402.3.7 PRESCRIPTIVE PATH FOR ADDITIONS is added to read as follows: Section 402.3.7 Prescriptive path for additions. As an alternative for demonstrating compliance, additions to existing single-family residential buildings and structures shall meet the prescriptive envelope component criteria in Table 402.3.7. The U-factor of each individual fenestration product (windows, doors and skylights) shall be used to calculate an area-weighted average fenestration product U-factor for the addition, which shall not exceed the applicable listed values in Table 402.3.7. For additions other than sunroom additions, the total area of fenestration products shall not exceed 40 percent of the gross wall and roof area of the addition. The R-values for opaque thermal envelope components shall be equal to or greater than the applicable listed values in Table 402.3.7. Conditioned sunroom additions shall maintain thermal isolation and shall not be used as kitchens or sleeping rooms. In climate zone 3 the combined solar heat gain coefficient (the area weighted average) of all glazed fenestration products used in additions and as replacement windows in accordance with this section shall not exceed 0.30. (5) Table 402.3.7 PRESCRIPTIVE ENVELOPE COMPONENT CRITERIA ADDITIONS TO AND REPLACEMENT WINDOWS FOR EXISTING DETACHED ONE- AND TWO-FAMILY DWELLINGS is added to read as follows: Page 2 s:\our documents\ordinances\10\energy code ordinance 2009.doc Table 402.3.7 PRESCRIPTIVE ENVELOPE COMPONENT CRITERIA ADDITIONS TO AND REPLACEMENT WINDOWS FOR EXISTING DETACHED ONE- AND TWO-FAMILY DWELLINGSd MAXIMUM MINIMUM Crawl space Ceiling Wall Floor Basement Slab wall CLIMATE Fenestration R- R- R- wall perimeter R_ ZONE U-factor value' value value R-value b R-value value` 3 0.45 R-38 R-13 R-19 R-8 R-0 R-10 a. "Ceiling R-value" shall be required for flat or inclined (cathedral) ceilings. Floors over outside air shall meet "Ceiling R-value" requirements. b. Basement wall insulation to be installed in accordance with Section 402.2.7. C. "Crawl space wall R-value" shall apply to unventilated crawl spaces only. Crawl space insulation shall be installed in accordance with Section 402.2.9. d. Sunroom additions shall be required to have a maximum fenestration U-factor of 0.5. The minimum ceiling R-value for sunroom additions shall be R-19 and the minimum wall R-value shall be R-13. Secs. 28-255 28-295. Reserved. SECTION 2, If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provision or application, and to this end the provisions of this ordinance are severable. SECTION 3. That all provisions of the ordinances of the City of Denton in conflict with the provision of this ordinance are hereby repealed, and all other provisions of the ordinances of the City or Denton, not in conflict with the provision of this ordinance, shall remain in full force and effect. SECTION 4. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not to exceed two thousand dollars ($2,000.00). Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offence. SECTION 5. That this ordinance shall become effective and the City secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this, the day of MARK BURROUGHS, MAYOR Page 3 2010. I sAour documents\ordinances\10\energy code ordinance 2009.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Page 4 AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 DEPARTMENT: Planning and Development/Community Development ACM: Fred Greene SUBJECT Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2010 2014 Consolidated Plan for Housing and Community Development including the 2010 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; and providing for an effective date. BACKGROUND During the past year, using a process with input from citizens and local non-profit organizations, staff developed Denton's 2010 2014 Consolidated Plan for Housing and Community Development. The Consolidated Plan includes a five-year strategy with proposed goals for housing, social services, continuum of care, public facilities and other program/project areas benefiting low and moderate-income households and neighborhoods. Residents from low and moderate-income neighborhoods were asked to complete a needs survey to assist staff in determining funding priorities. Annual action plans are developed based on the strategies outlined in the Consolidated Plan. On an annual basis, the City of Denton prepares an Action Plan for submission to the US Department of Housing and Urban Development (HUD). The Action Plan serves as the City's application for Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) program funding. The 2010 Action Plan represents the first year in the five-year plan. Public hearings requesting citizen input regarding the use of CDBG and HOME funds were held in December 2009. Application availability was advertised from November through December. Staff held application workshops in January 2010. The Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC) reviewed applications and held funding hearings in February and March. Each committee developed a set of funding recommendations. Staff has developed the 2010 Action Plan based on these recommendations. Administration activities are also included in the Action Plan. A public hearing on the draft 2010 Action Plan was held on April 20, 2010. A summary of all comments received by the Community Development Division is included in the documents. The 2010 Action Plan includes the final recommendations by the HSAC. In the discussion of human services funding at the Council work session on April 20th, it was noted that HSAC had $5,137 remaining to be allocated. This was due to the late notification regarding actual CDBG and HOME allocations. Please see the revised HSAC chart for final recommendations. ESTIMATED PROJECT SCHEDULE Action Plan approval May 4, 2010 Submission of Action Plan to HUD May 28, 2010 HUD release of funds & program initiation August 1, 2010 PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The CDAC reviewed requests for housing, non-profit facilities and infrastructure projects. CDAC recommended $1,356,467 in funding for various projects and programs. The HSAC reviewed requests for social services program funding. HSAC developed recommendations for use of both CDBG funds and City general fund dollars. The list of general fund recommendations is included in the 2010 Action Plan. However, the approval of the Plan does not include approval of the general fund allocations. These recommendations will be considered during the normal budgeting cycle. HSAC recommended allocation of $146,317 in CDBG funding to various social service programs. Each committee presented these recommendations to City Council at the work session on April 20, 2010. FISCAL INFORMATION All projects and programs approved under the 2010 Action Plan are funded through the CDBG or HOME programs. General fund dollars for the manager position salary expenses are included in the program administration budget. EXHIBITS 1. Resolution 2. 2010 - 2014 Consolidated Plan for Housing and Community Development 3. 2010 Action Plan for Housing and Community Development 4. Revised HSAC recommendations chart Respectfully submitted: Mark Cunningham Director of Planning and Development Prepared by: Barbara Ross Community Development Administrator scour documentslresoiutions\t012010-2014 consolidated plan resolution.doc RESOLUTION NO. A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A 2010-2014 CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT INCLUDING A 2010 ACTION PLAN 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; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities; and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the City of Denton, Texas, as a CDBG entitlement City and a HOME participating jurisdiction, has prepared, through a citizen participation process, a program for utilizing its 2010-year entitlement funds, program income and reallocated funding from previous years in the approximate amount of $1,700,000; and WHEREAS, citizen participation requirements, including the holding of public hearings, have been met; and WHEREAS, the Community Development Act of 1974 and the National Affordable Housing Act of 1990 require an application and appropriate certifications included in the Consolidated Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development a 2010-2014 Consolidated Plan and a 2010 Action Plan and appropriate certifications for entitlement fluids under the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended. SECTION 2. The City Council of the City of Denton, Texas, authorizes the Community Development Administrator to handle all fiscal and administrative matters related to the application, the Consolidated Plan and the certifications. SECTION 3. The City Secretary is hereby authorized to furnish copies of this resolution to all interested parties. SECTION 4. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 EXHIBIT 2 DRAFT City of Denton Consolidated Plan for Housing and Community Development 20/0-22/4 Housing Park Facilities Public Improvements Huinan Services CITY OFDENTON, TEXAS COMMUNITYDEVET OPMENT DIVISION Denton City Council Mark Burroughs, Mayor Charlye Heggins, District 1 Dalton Gregory, District 2 Jim Englebrecht, District 3 Chris Watts, District 4 Pete Kamp, At Large Place 5 Joe Mulroy, At Large Place 6 George Campbell, City Manager Community Development Advisory Committee Dr. Ron Aldridge Sandra Benavides Herbert Holl Gerard Hudspeth Ray Jordan Lisa Melby Cathy Tedrick Dorothy Watts LaNelle Winn Human Services Advisory Committee Mary Behrens Teddy Griffin Jan Hillman Mary Ann McDuff - Vice Chair Mari Metzgar Maria Minerva Villanueva- Simental Steve Pogue - Chair Dr. Richard Stream Megan Stoker Community Development Division Angel Delgado, Administrative Assistant Gordon Meredith, Residential Const. Specialist Nancy Baker, Housing Programs Manager Luisa Rodriguez-Garcia, CD Coordinator Alma Espino, Human Services Coordinator Barbara Ross, Administrator SPECIAL THANKS The Community Development Division would like to express our appreciation to the agencies departments and committees who participated in developing the City ofDenton's 2010-2014 Consolidated Plan. Approved by Denton City Council on May 4, 2010 Submitted to the U.& Dept. o f Housing and Urban Development in June 2010. www.ciiyofdenton.com ADA/EOE/AREA TABLE OF CONTENTS 1. INTRODUCTION 1 IL CONSULTATION AND CITIZEN PARTICIPATION 2 III. POPULATION, HOUSING, AND EMPLOYMENT CHARACTERISTICS 5 IV. HOUSING NEEDS ASSESSMENT AND STRATEGIES a. Rental Housing 23 b. Owner-Occupied Housing 27 C. Homeownership ......29 d. Special Needs Housing 32 e. Public Housing 34 f Homelessness and the Continuum of Care 34 g. Lead-Based Paint Hazards 42 VII. NON-HOUSING COMMUNITY DEVELOPMENT a. Human Services 45 b. Public Infrastructure and Public Services Facilities 49 C. Anti-Poverty and Economic Development 51 V. BARRIERS TO AFFORDABLE HOUSING 53 VI. INSTITUTIONAL STRUCTURE 61 VIII. APPENDICES a. HUD Priority Needs Tables for Housing and Community Development 65 b. Denton Citizen Participation Plan 67 C. Home Improvement Map 73 d. Denton's Permit Schedule 72 e. Homeless Count 2000 through 2005 79 f. Glossary 80 g. Focus Group Comments .....83 h. Fair Housing Plan .....87 INTRODUCTION The City of Denton receives grant funds annually from Congress according to an entitlement allocation formula whereby all cities with populations over 50,000 are awarded funds by the U. S. Department of Housing and Urban Development (HUD). Congress appropriates funds to HUD for a number of programs. Entitlement cities are required by HUD to submit a five-year Consolidated Plan, which consolidates the planning, application and reporting requirements for the following federal programs: Community Development Block Grant (CDBG) was authorized under Title 1 of the Housing and Community Development Act of 1974. This formula-based program is designed to develop viable communities by providing decent housing, a suitable living environment, and expanding economic opportunities for low and moderate income persons. HOME Investment Partnership Program (HOME) was authorized under title 11 of the Cranston-Gonzales National Affordable Housing Act of 1990. This formula-based program designed to increase homeownership and affordable housing opportunities for low and very low-income persons. Denton's 2010-2014 Consolidated Plan describes the city's strategies and resources for the next five years creating a stronger link between the needs, strategies and available resources in Denton. Denton's Consolidated and Action Plans are a culmination of a collaborative effort between local citizens, nonprofit organizations, the educational community, elected leaders, the Community Development Advisory and the Human Services Committees and the City. This establishes a unified vision for community development actions. This process allows for more effective coordination of efforts by consolidating federal requirements, submissions and planning for Denton's CDBG and HOME programs. This plan be CONSULTATION AND CITIZEN PARTICIPATION will effective beginning in the 2010 program year, August 1, 2010 and ending at the close of the 2014 program year, July 31, 2015. Any major revisions will be made by formal amendment to the Plan. Page 1 The following is a brief explanation of the community participation/consultation activities carried out as part of the Consolidated Plan process. See Appendix B on page 67 for Denton's Citizen Participation Plan. LEAD AGENCY The Community Development Division, City of Denton, is the lead agency for preparation and dissemination of the Consolidated Plan for Housing and Community Development. Other organizations that will assist in administering programs covered by the Consolidated Plan include various social service agencies that receive CDBG, HOME, Supportive Housing Program and Emergency Shelter Grant (State funding) funds. Local affordable housing providers include the Denton Housing Authority, Denton Affordable Housing Corporation and Habitat for Humanity. CONSULTATION PROCESS A. Community Needs Assessment - Community Development staff carried out a community needs assessment. The needs assessment included conducting various focus groups to provide a community perspective of future challenges and areas of concerns. The focus groups included the Denton County Homeless Coalition, Denton Information Network, and the Geriatric Services Workgroup. Each focus group discussed two major questions: (1) What do you see as the top three most significant issues or problems facing residents of the City of Denton? (2) What challenges or barriers do you think City of Denton residents and organizations will face in trying to meet these identified issues and problems? The coalitions used as focus groups represent a various health and human services areas including: emergency shelter, housing programs, crisis assistance, child neglect and abuse agencies, County Health Department, senior services, childcare, social service agencies, Denton and Lewisville school districts, early childhood intervention programs, family support agencies, Denton County Mental Health Mental Retardation, the North Central Texas Council of Governments and volunteer programs. (See Appendix G, page 85 for focus group comments). B. Public Hearing Hearings to discuss broad and more specific areas of community needs. Hearings were targeted to low-income households and predominately minority populations. One hearing was held in Spanish. See Action Plan for comments obtained from the public hearing process. C. Denton Housing Assistance Providers - Discussions with local housing assistance providers regarding housing priority needs and filling the gaps on the institutional structure. Page 2 D. Council-Appointed Committees - Participation by Council-appointed committees, the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). On an annual basis, these committees use information in the Consolidated Plan along with current community input to advise City Council regarding the expenditure of CDBG and HOME funding. The HSAC committee also develops recommendations for general fund dollars for public services. E. Community Development Division - Staff discussion on needs and survey of other City personnel to determine community development needs. Staff coordination of process and completion of the plan document. F. Other Cities - The following were contacted and invited to comment on the Consolidated Plan: Argyle, Aubrey, Carrollton, Corinth, Flower Mound, Fort Worth, Krum, Lewisville, Northlake, Sanger, Shady Shores, Denton County and the Texas Department of Housing & Community Affairs. No comments were received. G. Continuum of Care - The Denton County Homeless Coalition (DCHC) meets on a quarterly basis to discuss the needs of the homeless and potentially homeless in the local area. The DCHC Steering Committee acts as the plenary body for the continuum of care. Both the Steering Committee and the general body members of the DCHC were given an opportunity to review and amend the information and regarding the needs of the homeless and potentially homeless. H. Geriatric Services Workgroup - The Geriatric Services in Denton County Workgroup meets on a quarterly basis to discuss the geriatric service needs of the local area. As the local geriatric services council, the Geriatric Services Workgroup acts to help identify, develop, operate, or enhance programs for older residents of Denton County. EFFORTS TO BROADEN PUBLIC PARTICPATION A. Advertisement of public hearings in the Community Development newsletter and flyers that were disseminated in English and Spanish. The newsletter goes out to community development clients, the public hearing mailing list of interested persons, city employees, local churches, social service organizations and other organizations. B. Community Development staff held focus groups with various associations/organizations, including a) Geriatric Services Workgroup, a collaborative of senior service organizations; b) Denton Information Network (various County, area-wide and City service providers) c) Denton County Homeless Coalition Page 3 CITIZEN PARTICIPATION To ensure citizen participation in the 2010 Consolidated Plan, City staff followed the Citizen Participation Plan. Public hearings were held December 7th and 10th. The December 10th public hearing was held in Spanish. The public hearings updated citizens on the status of current programs and activities and asked about the needs of the community. Both of the public hearings were held within low and moderate-income neighborhoods. Information on the public hearings was included in the Community Development newsletter that was mailed out to neighborhood associations; service agencies and beneficiaries; City Council, Human Services Advisory Committee (HSAC) and Community Development Advisory Committee (CDAC) members; churches; contractors; participating lenders; citizens who attended previous public hearings; and interested citizens. A notice was also placed in the local newspaper, the Denton Record-Chronicle. After the Consolidated Plan was drafted, advertisements were placed in the Denton Record- Chronicle summarizing the plan and announcing to the public where the plan was available for review, and the process for submitting comments to the City of Denton. The advertisements also included information on the upcoming public hearing. Ads were also placed on the local governmental channel, and in the quarterly Community Development Newsletter that is mailed to all agencies, applicants, Realtors, participating lenders, committees, and city employees. All comments received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. The advertisement also included timeframe for the thirty-day comment period, the locations of the plan and where to direct comments on questions. Adjacent communities were contacted. They were given the opportunity to review the 2010- 2014 Consolidated Plan and provide comments. To ensure citizen participation at all stages of the 2010 Consolidated Plan process, one public hearing was be scheduled on April 20, 2010 during a City Council Meeting to give citizens the opportunity to comment on the proposed 2010 Consolidated Plan. Seepages of the 20 10 ActIlOn Plan for co~miients received at the puNic ~iearIlng. Page 4 POPULATION, EMPLOYMENT AND HOUSING CHARACTERISTICS Population The chart below illustrates Denton's population growth and projected growth to the year 2030. From 1990 to 2000 the population increased by 21.5%. If U. S. Census Bureau estimates are correct, it will increase by almost 55% from 2000 to 2010. The only decrease in the growth rate occurred between 2000 and 2005. According to the Census Bureau, Denton is among the top ten fastest growing cities in the nation. Population Growth and Projections Year Population 0o Chang-e 1990 66,270 1995 69,875 5.4% 2000 80,537 15.3% 2005 92,375 14.7% 2010 124,746 35% 2015 149,695 20% 2020 173,646 16% 2030 229,213 32% Source: University of North Texas Center for Economic Development & Research Population by Race and Ethnicity From 2000 to 2007, according to U.S. Census Bureau estimates, the percentage of all racial/ethic groups increased except for the American Indian, Asian & Pacific Islanders and "Other" single race. The U.S. Census Bureau considers race to be separate from ethnicity. The two are distinct concepts. Persons who are of Hispanic origin may be of any race. Denton Population By Race and Ethnicity Race%Ethnicity 2000 2007 Estimate Chan,-,e 2000 to 2007 Persons % of Total Persons % of Total Change % Change White 60,900 75.6% 80,791 79.2% 19,891 32.7% Black or African American 7,344 9.1% 10,385 10.2% 3,041 41.4% American Indian 464 0.6% 482 .05% 18 3.9% Asian & Pacific Islanders 2,774 3.4% 2,926 2.9% 152 5.5% Other Single Race 7,126 8.8% 3,818 3.7% (3,308)* -46% Two or More Races 1,929 2.4% 3,654 3.6% 1,725* 89.4% Total Population 80,537 100% 102,056 100% 21,519 26.7% Hispanic Origin (Any Race) 13,188 16.4% 18,599 18.2% 5,411 41% Source: 2000 U. S. Census Data and American Communitv Survev Page 5 Race and Ethnicity Breakdown for the City of Denton Source: 2007 U.S. Census Estimates Two or More American Asian & Races Indian Pacific 2% 0% Islanders 3% Other Single Black Race 8% 8% Hispanic Origin (Any Race) 14% According to the 2000 Census, CT 212 in Southeast of downtown Denton and CT 209 have the highest percentage of minorities by race in Denton with 47.28% and 42.42 respectively. CT 209 and CT 206.02 have the highest percentage of Hispanics of any race with 37.48% and 27.47%, respectively. The following tables provide information by census tracts on minority concentration. Minority concentration is defined as any census tract that has more than 30% of its population as minority. Minority Concentration by Race Census Tract Percentage of 1\1111orities 213.01 '?3.10% 204.01 25.15% 207 27.00% 206.02 27.87% 208 29.65% 211 30.37% 210 31.32% 206.01 35.03% 209 42.42% 212 47.28% Source: 2000 U. S. Census Minority Concentration by Ethnicity Census Tract Percentage of Hispanic of anv race 2L 21.46% 214.01 23.26% 206.01 25.54% 208 25.67% 206.02 27.47% 209 37.48% Source: 2000 U.S. ('ensus Page 6 The following map shows the minority concentration based on race by census tracts in the city of Denton. r - 106.01 1 ~ I - ~ ~ - X02 - 20 ~212 210 Lt I _T I - 1 Housing Supply Minority Concentration by Census Tracts 0 - 25% +25%-30% +31%-40% +41%-50% +50%-100% Source: U.S. 2000 Census The tables below indicate that the number of housing units has increased by an estimated 43.1% from 1990 to 2008. The greatest increase was in the percentage of single-family units. The definition of "single-family" includes both single-family detached and attached units. City of Denton Hou sing Stock Comparison 1990-2008* Year Single Detached Multi-Unit Other TOTAL Units Attached HousinII Units Housing, Units 1990 13,207 13,369 2,215 28,791 2000 16,400 14,544 1,809 32,753 2008* 22,419 17,183 1,592 41,194 % Change +69.8% +28.5% -28.1% +43.1% From 1990 Source: U.S. Census of Population and Housing, American Community Survey *2008 numbers are estimates Page 7 City of Denton 2000 Housing Stock & Vacancy Rate HousinII Units No. of Units Percent of Total Units Vacant Units Vacancy Rate Single Family 16,400 50.1% 660 4% Multi-Family 14,544 44.4% 984 6.7% Mobile Home 1766 5.4% 209 11.8% Other 43 .1 % 0 0% TOTAL 32,753 100% 1,853 5.6% Source: U. S. Census of Population and Housing 2008 Housing Stock Estimates Housin< Units No. of Units °o of Total Units Single Family 22,419 54% Multi-family 17,183 42% Mobile Home 1,592 4% Other 0 0% TOTAL 41,194 100% Source: American Community Survey The 2000 Census information and 2008 American Community Survey estimates information above indicates that percentage of single-family units has increased and now makes up 54% of the housing units rather than the 50.1% in 2000. The percentage of multifamily has decreased by 2%. According to the 2008 estimates, rental vacancy rates have decreased since 2000 and are now at 8.2%. There is a 25.8% increase in the number of housing units available since 2000. City of Denton Number of New Units Permitted 1990 - l 998 Year Sing-le-Family Detached Units Sin,-le-Family Attached Units Multi-Family HousinI.; Units Total Units 1990 104 0 17 1?1 1991 134 0 13 147 1992 196 0 32 228 1993 307 0 -0- 307 1994 252 0 7 259 1995 258 0 162 420 1996 267 14 447 728 1997 265 9 463 737 1998 590 0 499 1,089 TOTAL 2,373 23 1,664 4,060 Percent 58% 1% 41% Source: Citv of Denton Building Inspections Department, 1 999 Page 8 Building Permit Activity From April 2000 to October 2004 Time Period Total Units Single-Family ~ /Milt]-Family Sd anal Nil ()nlv No ,1 1 ~lilts Prrccnt<i~c No of I Imt Pcrccnt<i~c Census-April 2000 30.,044 10,400 5300 14,544 4700 Units basecl on final buildliig permits 4/2000 - 12/2000 31,391 220 52.95% 227 47.05% 1/2001 - 12/2001 32,897 1.078 53.80% 428 46.20% 1/2002 - 12/2002 34,904 1,253 54.29% 754 45.71% 1/2003 - 12/2003 35,844 897 55.37% 43 44.63% 1/2004 - 10/2004 37,761 899 55.07% 928 44.93% Total Units 37,671 20,747 55% 16,924 45% Source: City of Denton Planning & Development Department Building permit activity since 1990 indicates the changing demands for housing, particularly since 1995. In 1998, the number of new housing units permitted was more than twice the annual average since 1990. This trend toward increasing single-family units continues through 2000 and beyond as indicated by the chart below. The adopted Denton Plan calls for a 60:40 ratio of single-family to multi-family housing (excluding others) by the year 2020. As of August 31, 2004, the SF to MF ratio was 55:45. Building Permit Activity 2005 - 2008 2005 2006 2007 2008 Single Family Permits 1,242 949 786 410 Two Family Permits 5 70 9 6 Multi-Family Permits 3 5 3 3 Source: Housing Tenure Housing tenure is a leading indicator in communities that desire to create or maintain a "sense of place." Homeownership can indicate the level of commitment that residents have for their community. Rental units are often seen as more affordable than owner-occupied housing. In 2000 the homeownership rate of 41.7%, showed that Denton had a very low percentage of owner-occupied housing units compared to the State's percentage. The large number of university-related households was a significant factor contributing to the low percentage of owner-occupied housing. The growth of UNT and TWU paralleled the decline in owner- occupancy rates in the city. In 1960, the city's percentage of owner-occupied housing was relatively close to the statewide rate, but by 1990 the city's owner-occupancy rate was less than two-thirds of the overall Texas rate. From 1990 to 2000 the percentage of owner-occupied units increased. The 2008 ACS estimates that the owner-occupied unit percentage increased to 47.2%. Below are charts showing the difference in owner vs. renter occupancy between Denton and other Denton County entitlement cities and the change in Denton's owner-occupancy rate since 1960. Page 9 2000 Owner/Renter Comparison Year Carrollton Denton Flower Levyisyille Mound Total 39,136 30,895 16,179 30,043 Owner occupied 25,710 12,960 15,024 16,184 Renter occupied 13,426 17,935 1,155 13,859 Source: U.S. Census of Population and Housing With respect to housing tenure, Denton is a much different place than it was in 1960. In 1960, the City of Denton's population of 26,844 represented more than 56% of all the population in Denton County. Since then, Denton has become a smaller percentage of the Denton County population and housing tenure shifted dramatically toward rental housing. Significantly more renter-occupied units were added to the housing supply. Between 1960 and 2000, additional renter-occupied housing grew by 14,988 units or 64% of all housing units added to the city's housing stock. However, as stated above in the period from 1990 to 2000, more single-family units than multi-family units have been permitted for construction. Information on 2000-04 building permits indicates that the percentage of single family housing continues to increase. However, as indicated in the chart below, Denton continues to have a significant percentage of renter-occupied units. City of Denton Population & Housing Tenure 1960 - 2008 Year Population Owner-Occupied Units Renter-Occupied units 1960 26,844 4,594 3,025 1970 39,874 6,106 5,790 1980 48,063 8,142 9,283 1990 66,270 10,058 15,661 2000 80,537 12,887 18,013 2008 115,022 17,340 19,371 1960-2008 +88,178 +12,746 +16,346 % Change 1960-2008 +329% +277% +540% Source: U.S. Census of Population and Housing and American Community Survev estimates City of Denton & State of Texas Owner-Occupancy Rate 1960 -2000 Year City of Denton State of Texas 1960 60.3 64.8 1970 51.3 62.7 1980 46.7 67.2 1990 39.3 60.9 2000 41.7 63.8 Source: U. S. Census of Population and Housing Page 10 Housing Market Analysis - 2000 Vacancy 0 & 1 3+ Substandard Housing Stock Inventory Rate Bedroom ~ Bedrooms Bedrooms Total TTnits Rented/Owned Occupied Units: Renter 827-' 6360 3 .ti 1 1801 Occupied Units: O«uer 485 1669 1073, 1288 Vacant Units: For Rent 4% 484 530 175 118 Vacant Units: For Sale 1% 20 60 180 ^6 Total Units Occupied & Vacmit 9261 8619 14469 '32", Rents: Applicable FMRs (in Ss ) 713 868 1,41-21 Rental housing in the city is not only prevalent in typical multi-family structures, but extends to single-family residences and mobile homes as well. According to the 2000 Census data, 26.8%, approximately one of every four occupied single-family units in Denton is renter-occupied. This is a slight decrease from the 28% figure in 1990. City of Denton Occupied Housing Stock 2000 Occupied Total Percent Uwner Percent Renter Percent Occupied Of Total Occupied Owner- Occupied Renter- Hous11111 Units Units Units Units Occupied Units Occupied Single Family 15,740 50.9% 11,520 73.2% 4,220 26.8% Multi-Family 13,560 43.9% 201 1.5% 13,359 98.5% Mobile Home 1,557 5% 1,130 72.6% 427 27.4% Other 43 .1% 36 83.7% 7 16.3% TOTAL 30,900 99.9% 12,887 41.7% 18,013 58.3% Source: U.S. Census of Population and Housing Page 11 Affordable at 30% of 50% of (in $s) blic Housing Units Occupied Units Vacant Units Total Units Occupied & Vacant Rehabilitation Needs (in $s) Condition of Housing 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Census figures indicate that 9,875 housing units in Denton were built before 1970. In 2000, this number represented approximately 40% of the housing units in Denton. Units built prior to 1970 have a high incidence of substandard features. A high percentage of these units are located in the low-income areas of Denton. The City's Code Enforcement Division completed a Housing Conditions Survey in Jan/Feb 2010. The results of the survey indicate that a significant number of potentially substandard units are located in low to moderate-income neighborhoods. Below is a listing of the census block groups with five or more units that have exterior substandard features. Census Tract Block Group # of Substandard Units 204.02 4 5 206.01 3 5 206.02 2 15 206.02 3 21 208 3 5 210 3 5 211 1 11 212 2 34 213.01 1 7 213.02 4 7 214.01 2 25 (mobile homes) Housing Price Housing price is the reflection of supply of and demand for housing. In the previous Consolidated Plan, it was noted that the period from 1993 to 1998 Denton saw a 60% increase in housing price in the area. From 1998 through 2009, the median sales price, based on all housing transactions in the Denton Multiple Listing Service (MLS), area increased by 28%. From 1997 to 2003 the percentage of homes selling at less than $100,000 decreased from 38.8 to 10.3 percent. This is a significant decrease in the availability of units in this price range. Page 12 Denton MLS Area Annual Median Sales Price of Houses 1997- 2009 Year Annual Median Price 1998 20041 -F mil -I> 2000 $144,700 2001 $151,000 2002 $152,100 2003 $153,900 2004 $155,500 2005 $158,200 2006 $161,600 2007 $165,900 2008 $160,100 2009 (est) $159,700 Change +28% Source: Real Estate Center at Texas A & M Universitv Units by Average Cost of Apartments in Denton A6I-AsJ6(IlNoAffe Average Price Efficiency $428.00 1 Bedroom $538.00 2 Bedroom $687.00 3 Bedroom $898.00 Source: Planning and Development Dept., Cite of Denton - 2005 Denton is home to two State universities - The University of North Texas and Texas Woman's University. As a result, occupancy rates during the fall, winter and spring are higher. Occupancy levels are substantially reduced during the summer months. Housing cost information below indicates that Denton has a significantly higher number of single-family units valued below $120,000 than the surrounding communities. More than 55% of Denton's single-family units fall into this range. The community with the next highest percentage is Lewisville with less than 35% of units being valued at less than $120,000. 2006 Average Home Values City The Corinth Denton Flower Highland Lake Lewisville C olon~ 1~[ound y'illa,e Dallas Average Value $139,657 $172,374 $130,657 $246,834 $252,934 $102,072 $141,091 Source: Denton Central Appraisal District Denton continues to have average home values that are lower than most of the surrounding communities. The information above is the most recent report data from the Denton County Central Appraisal District. Page 13 Range in Appraised Value Denton Lewisville Flower Mound Highland Village Corinth $1 to $14,999 196 95 25 43 26 $15,000 to $29,999 485 124 42 12 6 $30,000 to $59,999 1,897 446 140 40 44 $60,000 to $119,999 8,706 5,374 985 139 843 $120,000 to $199,999 7,405 10,471 7,423 1,896 3,691 $200,000 to $399,999 1,463 815 9,067 2,233 1,122 $400,000 to $749,999 109 10 1,176 317 10 $750,000 and Above 3 - 87 28 1 Total 20,264 17,335 18,945 4,708 5,743 Source: Denton Central Appraisal District, 2003-2004 Certified Values Household Size, Composition and Income Since 1960, the last census when owner-occupancy in Denton resembled statewide data, the average household size in Denton has decreased from 3.0 to 235 persons per household. In 2000, 66% of all households in the city had only one or two persons. The 2008 ACS estimate states that the average household size increased to 2.74 persons per household. City of Denton - Persons per Household 1960 -2008 Fear Total Population Population In Group Quarters Population in Households Number of Households Persons Per Household 1960 26,844 4,239 22,605 7,619 2.97 1970 39,874 6,929 32,945 11,896 2.77 1980 48,063 6,653 41,410 17,522 2.36 1990 66,270 6,994 59,276 25,702 2.31 2000 80,537 7,842 72,695 30,895 2.35 2008* 115,022 Not available 100,513 36,711 2.74 Source: U.S. Bureau of Census; *2008 Estimate ACS University students living off-campus may be responsible for both the decreases in owner- occupancy and household size in Denton. In 1970, the group quarters population in Denton was 6,929, mostly college students living in dorms, accounting for 17% of all population in Denton. In 2000, the number of residents living in group quarters rose to 7,842, but was less than 10% of the total population. As stated above, from 1960 to 2008, the average household size in Denton went from 2.97 down to 2.31 in 1990. It has now increased to an estimated 2.74. In 2000 Page 14 household size in Denton was approximately 12% less than in Denton County as a whole - 235 versus 2.67 per household. Household composition is important in understanding the demand for each type of housing in the community. In 2000, Denton had a significant majority of small households. Two of every three households had only one or two people; less than one of every five households had more than three people. It is anticipated that 2010 census information will show that household size in Denton has continued to increase. City of Denton - Number of Persons per Household - 2000 Number of Persons In Household Number of Households Percent of all Households Cumulatiy e Percent of all Households 1Person 9,737 31.5 31.5 2 Persons 10,614 34.3 65.8 3 Persons 4,656 15.1 80.9 4 Persons 3,393 11.0 91.9 5 Persons 1,542 5.0 96.9 6 Persons 552 1.8 98.7 7 or more Persons 401 1.3 100 Source: U. S. Bureau of Census In 2000, Denton continued to have an unusually small percentage of residents that live in family households, compared to other entitlement cities in the area. 2008 estimates indicate an increase in the percentage of population in households to 87.4%. We may also see an increase in family households in the 2010 Census. City of Denton - Percent of Po ulat. in Families in 2000 City I opulation Percent of Population In Families Person Per Household Denton 80,537 62.4% 2.3 5 Lewisville 77,737 80% 2.58 Carrollton 109,576 85.7% 2.78 Flower Mound 50,702 94%. 3.12 Denton County 432,976 81.7% 2.67 Source: U. S. Bureau of Census As late as 1970, the population of the City of Denton accounted for more than half the total population of Denton County. By 2000, the city's share of county population had decreased to 18.6% of total county population. Denton still has a concentration of the county's poorest persons, households and families. Nineteen percent of all persons, 22% of all households, and 10% of all families in Denton in 1990 lived in poverty. The percentage of families living in poverty in the balance of the county was 3%. The city had more than half of all persons and households in Denton County that lived in poverty and almost half of all families. Denton County Comparison Persons, Households & Families In Poverty - 1990 Page 15 City of Denton Denton County Denton City as a 0o of the County Total Population 80,537 273,525 29.4 Persons in Poverty 12,273 21,861 56.1 Households 25,702 102,025 25.2 Households in Poverty 5,604 9,128 61.4 Families 13,786 70,331 19.6 Families in Poverty 1,366 3,195 42.8 Source: U. S. Bureau of Census, 1990 2000 Census information continues to illustrate that fact that Denton has a higher percentage of persons and families in poverty than other communities in the County and Denton County itself. More than 40% of the individuals below the poverty rate in Denton County reside in the City of Denton. Estimates from the 2006-2008 American Community Survey indicate that 19% of individuals and 9.7% of families residing in Denton are below the poverty level. Families with small children (under five years of age) and females with small children have the highest levels of poverty. According to the ACS, 45.5% of female-headed households with small children in Denton live in poverty. Denton County Comparison Persons & Families in Poverty - 2000 Reporting Area [ndiv ideals Below Poverty Lev cl Families BeloNv Poverty Lc~ cl No. of Families "o of Families Below Pov erty Carrollton TX 6057 1,180 4. 10 o Denton TX 11,776 1,446 16,407 8.8'%. Flower Mound TX 1,266 314 14,262 2.2% Lewisville TX 4,629 788 19,815 4.0% Denton County TX 28,039 4,601 111,324 4.1% Source: U. S. Bureau of t he Census, 2000 In terms of household and family income, the City of Denton is lower than the rest of Denton County. Denton County Comparison Household and Family Income - 2000 Reporting Area Avg,. Household Income AN-. Family Income City I S O 0 of COMM (Family Income) Carrollton TX 62,406 68,672 99.1% Denton TX 35,422 51,419 74.2% Flower Mound TX 95,416 98,055 141.5% Lewisville TX 54,771 63,719 91.9% Denton County TX 58,216 69,292 Source: U. S. Bureau of Census Page 16 According to the 2000 Census information, the following maps show the concentrations of low- income households in Denton. Low-income concentration is defined as a block group that has at least 51% low-income households. Concentration of low-moderate income households Highlighted block groups have at least 51% low/moderate income _F~4 - r Concentration of Low/Mod Income by Block Groups 0-50% 51%-60% 61%-70% 71%-80% 81%-90% 91%-100% Source: 2000 U.S. Census Page 17 Housing and Assisted Housing for Low-Income Households The City of Denton has no conventional public housing. The Denton Housing Authority administers a Section 8 program and manages family and elderly multifamily housing units owned by DHA non-profit subsidiaries. Several low-income housing tax credit projects have been developed. No net loss in assisted units is expected in the next 5 years. Affordable Rental Housing Inventory Onullilzation Type of Assistance Fundin" Source Number of Units Denton Housing Subsidized units in Section 8 1510* Authority City of Denton Country Park Affordable Family LIHTC 120 Apartments Units The Waterford at Affordable Family LIHTC 156 Spencer Oaks Units Rosemont at Pecan Affordable Family LIHTC 276 Creek Units Primrose at Sequoia Affordable Senior LIHTC 250 Park Units Pebblebrook Affordable Family LIHTC 250 Apartments Units Pecan Place (DHA) Subsidized Senior LIHTC; CDBG 24 Units Renaissance Courts Affordable Family LIHTC & DHA private 150 (DHA) Units financing Quail Creek North Affordable Family LIHTC 264 Units Providence Place II Affordable Senior LIHTC 252 and Family Units Fairoaks Subsidized Senior Section 202 41 Units Denton Affordable Units for Disabled Section 811; HOME' 34 Housing Corp. HTF; FHLB; Private Denton Affordable Transitional Housing FHLB; TDHCA; 20 Housing Corp. Units HOME; Private Denton Affordable Affordable Family Private 11 Housing Corp. Units TOTAL UNITS AND/OR SUBSIDIES AVAILABLE 3,358 *Number of vouchers available Page 18 Homeless and Special Needs Housing and Services Inventory of Facilities and Services for the Homeless and Special Needs Populations Facility or Sery ice Target Population Purpose DCTA Persons with Provision of a transportation system for transportation needs residents of Denton. Denton City County Low-income households Provision of day care with fees on a sliding Day School scale for low and moderate-income households. Denton Housing Low-income households Provision of Section 8 rental assistance. Authority Homebuyer program Denton State School Persons with severe and Provision of residential care and support profound developmental services. disabilities Fairoaks, Pecan Place Low-income elderly Provision of affordable housing and & Heritage Oaks support services. Family Health Care Indigent Pregnant Women Provision of pre-natal care to low-income expectant mothers. Fred Moore Day Low-income households Provision of day care with fees on a sliding Nursery School scale for low and moderate-income households. Health Services of Low-income and indigent Provision of basic health care services and North Texas individuals services to individuals and hh's impacted by AIDS and HIV. Provision of medical care to to underserved, low-income, and uninsured residents of the city of Denton. HOPE, Inc. Low-income households Provision of transitional housing, 30-90 day assistance, and emergency financial assistance. Interfaith Ministries Low-income households Provision of emergency utility assistance, prescription assistance and other emergency financial services. Meals on Wheels Low-income elderly Provision of home delivered meals. North Central Texas Low-income households Provision of employment counseling and Workforce child care assistance. Reach, Inc. Persons with disabilities Provision of in-home training, counseling, ADA training, and support. Riding Unlimited Persons with disabilities Provision of therapeutic horseback riding. Salvation Army Homeless individuals and Provision of emergency shelter and social families services. Page 19 Inventory of Facilities and Services for the Homeless and Special Needs Populations Facility or Sery ice Target Population Purpose SPAN Elderly Provision of congregate and home delivered meals, information and referral and case coordination. TTR[PS Program Teen Parents Provision of case management and day care to teen parents working toward high school graduation. Employment As of November 2009 the available workforce for the city of Denton was 63,857. The unemployment rate was 6% which was less than rate in Denton County and the State of Texas. Denton is fortunate to draw workers from the Dallas and Fort Worth areas representing more than 5 million people, as well as north to the southern Oklahoma border The following provides information on the major public and private employers in the City of Denton. Top Five Public Employers # of Jobs University of North Texas 7,762 Denton Independent School District 3 113 Texas Woman's University 1,586 Denton County 1,565 Denton State School 1,500 Top Five Private Employers # of Jobs Peterbuilt 1,500 Denton Regional Medical Center 867 Victor Equipment Company 751 Presbyterian Hospital 750 Sally Beauty Supply Co. 600 Page 20 MAJOR EMPLOYERS Employer Zip Code Employees Industry [Site Employment] • UNIVERSITY OF NORTH TEXAS - 76203 7,762 EDUCATION • TEXAS WOMAN'S UNIVERSITY 76205 1,586 EDUCATION • DENTON COUNT`( (COMMISSIONERS COURT) 16201 1.565 PUBLIC ADMINISTRATION • PETERBILT MOTORS CO 16201 1.500 MANUFACTURING • DENTON STATE SCHOOL 16202 1.500 HEALTH CARE • DENTON REGIONAL MEDICAL CENTER - 76205 1 867 HEALTH CARE THERMADYNE HOLDING CORP (VICTOR EQUIPMENT 76207 751 MANUFACTURING CO A DIV OF THERMADYNE) - - • PRESBYTERIAN HOSPITAL OF DENTON 76201 750 HEALTH CARE • SALLY BEAUTY COMPANY. INC 66202 600 RETAIL • COUNTY OF DENTON 16205 540 PUBLIC ADMINISTRATION • WAL-MART SUPERCENTER 76205 535 RETAIL • JOSTENS, INC - 76210 465 MANUFACTURING • ANDERSON MERCHANDISERS 76207 332 WAREHOUSE • TEXAS HEALTH ENTERPRISES INC 76201 312 HEALTH CARE ~ • FEMA - TEXAS NATIONAL PROCESSING SERVICE ( 76202 300 PUBLIC ADMINISTRATION CENTER • WAL-MART STORES INC 16205 300 RETAIL • TETRA PAK MATERIALS. L.P. 76207 300 MANUFACTURING • JAMES WOOD AUTO PARK 76210 287 RETAIL • VACATION TOUR & TRAVEL INC . 76209 268 ADMINISTRATION • UNITED COPPER INDUSTRIES INC 76208 1 264 MANUFACTURING • SUPERTARGET 76205 - 264 RETAIL - *NCTCOG - The following data from the Texas Workforce Commission shows average wages for specific occupations in Denton from a 2003 study. Wage Ra tes Occupation A% g. Wage Per Houl° AN g. EntrN, Wage A~ g. Experienced Wage Accountant/Auditor $28.31 20.07 33.34 Computer Programmer 34.71 25.59 43.35 Computer Support Specialists 23.61 16.13 29.34 Construction Laborer 10.84 8.23 11.69 Electrician 18.42 14.99 21.79 File Clerk 11.59 934 13.36 Page 21 Graphic Designer 21.84 15.62 25.62 Human Resource Assistant 15.83 12.48 18.46 Licensed Practical Nurse 18.35 15.24 20.98 Machinists 15.67 12.60 18.47 Maintenance & Repair 13.94 10.38 17.13 Market Research Analyst 30.07 19.59 38.76 Medical Transcriptionist 17.72 11.08 24.56 Office/Administrative Support 14.41 10.62 17.31 Order Clerk 12.51 9.03 15.15 Production Worker 12.58 8.53 15.27 Registered Nurse 24.73 20.53 27.91 Retail Salesperson 11.21 7.57 12.31 Secretary 12.90 9.83 15.39 Telemarketer 12.40 8.64 13.99 Tool & Die Maker 18.87 14.99 22.84 Truck Driver 17.35 12.90 20.88 *Source Workforce Development November 2003 OES Survey Page 22 HOUSING NEEDS ASSESSMENT AND STRATEGIES Rental Housing The 2000 Census indicates that 12,688 or 71% of the 17,828 renter households in Denton are low-income. The table below illustrates that 66% of the renter households in Denton are below 50% of the area median income and are considered very low-income households. These numbers indicate a 6% decrease in the percentage of very low-income renter households in the City of Denton since 1990. Appendix A "Priority Housing Needs Summary Table" on page 64 includes information on housing needs for renters and homeowners. Renter households in need of housing assistance include those that: • Have an income that is less than 80% of the area median income • Pay more than 30% of their income on housing expenses, including utilities • Live in substandard or overcrowded housing LOW-INCOME RENTERS NEEDING HOUSING ASSISTANCE Low-Income Renters Household Type Extremely Low-Income 0-3000 Very Low- Income 31-50°0 Other Low- Income 51-8000 Total Low-Income Renters Household [ ercent Elderly 369 46% 258 33% 172 22% 799 6.2% Small 960 31% 869 28% 1304 42% 3133 24.4% Large 262 38% 121 17% 309 45% 692 5.4% Other 3565 43% 2098 26% 2534 31% 8197 64.0% Total Renter Households 5156 3346 4319 12821 100.0% % of Income Level 40% 26% 34% 100.0% Source: SOCDS CHAS Data The following statistics from the 2000 Census provide information regarding very low-income renters in Denton. These renters meet one or more of the criteria for "renter households in need of assistance". 1. 59% of Hispanic renter households are in this category. 2. 58% of Black non-Hispanic renter households are in this category. 3. 49% of White non-Hispanic renter households are in this category. 4. 48% of Asian renter households are in this category. Page 23 5. There is a high incidence of housing problems and cost burdens among African- American, Hispanic and Asian households. 6. The highest incidence of housing problems and high to severe cost burdens is among large and elderly renter households. 7. 71.4% of large renter households report housing problems. 8. 54.8% of elderly renter households report housing problems. 9. 31% of the elderly renter households in this category have a cost burden, 37% have a severe cost burden. The Denton Housing Authority continues to have a high number of families on the waiting list for Section 8 assistance. The following chart provides information on the Denton Housing Authority's waiting list. Denton Housing Authority Section 8 Waiting List By Racial/Ethnic Statistics As of January 2010 Total Number NVaitin"I for Assistance 1,771 White (non-hispanic) 745 - 42% African-American (non-hispanic) 938 - 53% Asian 43 - 2% American Indian/Alaskan Native 6 -.34% Hawaiian/Pacific Islander 5-.28% Multi-racial 34 - 1.9% Hispanic (any race) 264-14.9% Non Hispanic (any race) 1507 - 85% Source: Denton Housing Authority The percentage of low-income renters in Denton dropped 3% from 1990 to 2000. Historically, the high number of college students in Denton has contributed to high occupancy and rental rates. Though rental rates are still unaffordable for many households, the development of several new "family" apartment complexes has provided standard, affordable housing for many. Most of the units were developed through the State's Housing Tax Credit program. The number of LIHTC units in Denton is very close to the state per capita average. Rental housing activities will focus on maintenance of existing affordable units, bringing existing units up to building code standards and reducing lead hazards. Also, development of small mixed-income developments near major public transportation routes, shopping areas, schools, etc., self-sufficiency programs for those on assisted housing programs and homebuyer assistance for renters that are ready to move to homeownership should continue as housing program priorities. Page 24 6r U CZ 0 '0 v') U u OU " N N 6r G O U ' o LTA Ln U cz 12, o o o q y o to i o 18 o d = o ro o cv o ° 0 U U cC ° U r) ro° U a o ~ U n ro P o O o cz o O 'Inn 0 u c t 0 u p ai o o ° U Q t~ O.d U U U U o ~ o o xx ~ ° d ~ Q ro ~Q~ Q~Q~UE~U • O ° o • O U ro O ~ ' ~ bA U U ~ U ~J F-~ CC ~ O N U ue"' O ir' ~ F" ¢ N O 0 V~ ~ bf s -i ~ N s-. O -i . s O ~ O ~ U ~ ~ ,ryl U O.d V ~ i F~~II V U W • r" " O CC cz V] ti [--I U 0 a a~ u °n ? ~ ~ ~ ~ a~ p 4; on Q xx ~ ~ x pa a pa w ~ U o o ~ U~ o O d o Q x Q O~ ~ o 'C U cz cC ^C Ln r O .w-i O C 4-i U x p lb, > cd e cz y S" y`,uti S b N U cn) N . U U ~ Q i~ u 0 O A O 0 0 CA ~ ~ U ° i"' ~ C O U O U O U ~ O O O ~ 4. C U ~ ~ ~ ~ ~ I I P -i 4y . f.d U bA U O ~ cz cz WU~°~' A UQ w o'^ 'o w 4. fd o O U cz G U 4.1 cn ~ ° ° ~ cn O eC cz O ~ "'C O • _ O C w _ ' C O o cz cz " cz e K U ~ ~ CIZ U ° ~ x ,rU-I U ~ ~ U x ,rU-I ~ p x ,rU-I ~ x ~ ~ N ro P~ Owner-Occupied Housing LOW-INCOME HOMEOWNERS NEEDING HOUSING ASSISTANCE LoN%-Income Homem%iiers Total Household Type Extremely Low-Income 0-3000 "erv Low- Income 31-50°0 Other Low- Income ~1 -800 0 Low- Income Homeowners Household Percent Elderly 350 26% 413 30% 594 44% 1357 38% Small 133 11% 337 28% 754 62% 1224 34% Large 54 14% 103 26% 238 60% 395 11% Other 144 23% 99 16% 380 61% 623 17% Total Households 681 952 1966 3599 100% % of Income Level 19% 26% 55% 100.0% Source: SOCDS CHAS Data The following statistics from the 2000 Census provide information regarding very low-income homeowners in Denton. • 12% of homeowners are very low-income • 67% of very low-income owners have housing problems • 62% of very low-income owners have a cost burden, 39% have a severe cost burden • 56% of Hispanic owners experience housing problems • 47% of very low-income owners are elderly Compared with renters, homeowners in general have higher incomes and a lower incidence of cost burden. However, more than half of Denton's very low-income homeowners experience housing problems including a cost burden. Cost burdens make it difficult for very low-income homeowners to maintain their housing units in standard condition. Owner-occupied assistance programs have been developed based on the high percentage of very low-income owners experiencing housing problems. A high percentage of these are elderly households on a fixed income. Hispanic households also make up a disproportionately high percentage. Hispanic households may experience a language-barrier when accessing housing services. Local programs are designed and administered in an attempt to meet the needs of these special groups. Appendix A "Priority Housing Needs Summary Table" on page 64 includes information on housing needs for renters and homeowners. Page 26 6; W A ICI V i w r v 0 O y r 6r 6; y U Q 7-- 'Inn c U ' p " C', o u co o 0 0 w ct ~ t ~N U U C U p O ~ O U ~ W N O 0 ~ 0 U F 0 S- p„i U • cC O CZ c) S4:; -o a °3 0 p a ct tj) cz U tj) , ~ N 0 U y.., Lam. ~ Q ~ V U N U O U O U Ut". F. C..) Q cz o 'C 'C cz Ln U N 'V U P. ~ tub ° JcU ~ o O 0 S-'. cn 0 to cz CZ O x O N U O U C cC S-. 0 O O 0 , 7_- CZ U U CZ Z ~ p0 o o l n -0 rA c z cz o ~ 0 0 U ~ ~ ~ Q Q 'C OU p cz . o 0 0 ~ ~ o ~~bA4 8 C cz v " pQ U u O pw cz 0 ~ ~ cz x ° O A a~ Ln ~A o A O o U P v Uw ~ U ~ U a c r.. bf ;y b cz ~Cnt°'~ o~ U ~o cz o f.d U a 0 0 u O y O. U cd N U U ' x ,,0 ~ ~ 'C ~ scC. an 4• o o . Cc, w r-i ~ cy C..) p., c~C cn O ~ U cl, 0 cz N U CZ cz 0 CC U bA ~'p ~ cC N O ~ o 'C O ti) U U U cC U Q o t ~ U ccz L 0 M O 0 c~3 O N bUA a Homeownership The U. S. Department of Housing and Urban Development defines affordable housing as not consuming more than 30% of a family's gross income. The following chart illustrates housing expenses based on three units with varying sales prices. A sales price of $159,700 represents the annual median sales price of houses in Denton in 2009. The City's current Homebuyer Assistance Guidelines require that housing units cost no more than $125,000 unless it is Energy Star rated. Units most affordable to Denton's low and moderate-income households would cost $100,000 or less. HOLISM,-, Expenses on Average ° o of Sales Price different Sales Prices Sales Price $100,000 $125,000 W0,700 Principal & Interest with a 3% downpayment 5.5/o o $550.76 $688.44 $879.56 Property Taxes 2.40632% $200.53 $250.66 $320.24 Homeowners Insurance 1% $83.33 $104.17 $133.08 Mortgage Insurance .5% $41.67 $52.08 $66.54 Total Housing Expenses* $876.29 $1,095.35 $1,3199.1431' The affordability comparison in the tables below illustrates affordability for low to moderate- income households seeking homes in the price ranges above. Only households with an income of $55,977 or more could purchase a home costing $159,700. A wider range of low and moderate households could afford homes costing $100,000 or less. According to the Real Estate Center at Texas A&M University, the number of homes sold below $80,000 decreased until 2007 when the percentage began to increase. This trend was also true for homes that sold under $100,000. The table below illustrates the percentage of total homes sold from 2000 through 2009. Price Ranee for Homes Sold 2000 2001 2OO2 200; 2004 200 2006 2007 2005 2009 Under $80,000 6.6% 4.4% 4.1% 3.9% 4.5% 3.9% 3.3% 4.3% 4.7% 5.1% $80 000- , 13 2% 10% 7 9% 6 4% 6 2% 5 3% 4 9% 4 8% 5 8% 5 0% $100,000 . . . . . . . . . Source: Real Estate Center at Texas A&M Universitv 2009 percentages are an estimate. Units in the $80,000 or less price range are more likely to be older and in poor condition. Low- income households looking for affordable units in the City have indicated that there are very few units are available in this price range. Page 28 Housing Options for Moderate-Income Households (80% AMI) 30° o of Is a $ 100,000 Is a $125.000 Is a $150,700 Family Income Annual House Affordable' House Affordable" House Affordable? Size Level Income ($1 15 5annual ($1 1441 1,0;1 ' ($10,73 annual cost) annual cost) cost) 1 $37,850 $11,355 YES NO NO 2 $43,300 $12,990 YES NO NO 3 $48,700 $14,610 YES YES NO 4 $54,100 $16,230 YES YES NO 5 $58,450 $17,535 YES YES YES 6 $62,750 $18,825 YES YES YES 7 $67,100 $20,130 YES YES YES 8 $71,400 $21,420 YES YES YES Housing Options for Very Low-Income Households (50% AMI) 30° o of Is a $ 100,000 Is a $125.000 Is a $159,700 Family Income Annual House Affordable' House Affordable' House Affordable' Size Level Income ($1 15 5annual ($13 144 annual ($10,703 annual cost) cost) cost) 1 $23,650 $7,095 NO NO NO 2 $27,050 $8,115 NO NO NO 3 $30,400 $9,120 NO NO NO 4 $33,800 $10,140 NO NO NO 5 $36,500 $10,950 YES NO NO 6 $39,200 $11,760 YES NO NO 7 $41,900 $12,570 YES NO NO 8 $44,600 $13,380 YES YES NO From this we can conclude that even fewer low and moderate-income households would find these units affordable. Comparison of income levels to the high cost of housing in Denton indicates a need for production of affordable units and provision of assistance to low-income households seeking homeownership. It would also indicate that very low-income households will often be renters rather than homeowners. Denton percentage of rental units to owner-occupied units is higher than other Denton County communities. Middle Income Households 2000 Census information indicates that of the 30,853 total households in Denton, 14,433 had incomes from 81% to 95% of the area median income. The highest percentages of these households experiencing housing problems and cost burdens were in the elderly and large related renter households and large related owner households. A higher percentage of households with incomes below 81% are experiencing housing problems and cost burdens. At this time, there are no strategies designed to assist households at this income level. Page 29 to W O w 6r ~ r~. y O C.V y. O i. v 0 6r ~ U O. O ~ ~ U O -0 U 4 U cz . • O U~ ,s "r cz cn U G 1 , O 0 C W cC r 2 c o o ~ x ~ o 2q ~Q'i g U o op ° N -O w -51 °UUw ~r > ~ 0 iUr cz y y y y cC O 7 cd O cd a~ U l -n c z N ° ° . ccz cNS-. ~S-. ,r..I O 0 0 ~c 6r y ~ bA ~ bA ~ ~ G' ~ bA a. r.. G r.. t. bf 6r r i bA O i." U A W O O ~i ~i A oA ~ ~ o 0 ~ ~n o N .0~. u u CC U cC ' N Q G bA 'C - cz -4 ' v O 'n 'A O S-. O O ° u I~I ~ ~ ~ O yam., ~ ~ fl-d' P2 U s0. ~O W O O A O N M 03 CZ 'C O U ~ o 0 O U A W O 2 0 44 U R N - ° Q Z try ~ ~ ~ ~ ~ U O > U O U ~ b A ~ cj cz U N P••i v o 4-~ Qxx bA =o awx ~ - o cC O U p O ~ O U ' cz cz U " Li ~ ~ O O O ~ O x p U cC ~ ~ O cC O O ~ N 05 x x O~ A O N M O ~ O r' O A C% 0 M bOA Special Needs Housing The following charts provide information regarding the estimates of need in various populations requiring supportive housing services. Low Income Elderly Needing Housing Assistance Low Income Elderly Household Type Extremely Low Income 0 - 30°0 N'ery Low Income 31 - 50°0 Other Low Income 1 - 80°0 Total Low Income Elderly Household Percent Renters 427 50.4% 209 24.7% ?11 24.9% 847 ?5.0% Homeowners 449 17.7% 470 18.5% 770 30.4% 2536 75.0% Total Elderly 876 25.9% 679 20.1% 981 29.0% 3383 100.0% Source: HUD analysis of 2000 Census Data Persons with Disabilities A (Ye TN pe of Disability Gender 5 - 1S 16-64 05 and Over Sensory Male 50 675 302 Physical Male 46 1,055 549 Mental Male 308 1,082 268 Self-Care Male 15 406 153 Going Outside the home Male N/A 1,165 316 Employment Disability Male N/A 2,564 N/A Sensory Female 64 687 455 Physical Female 17 1,378 1,149 Mental Female 117 1,101 483 Self-Care Female 20 362 445 Going Outside the home Female N/A 1,326 753 Employment Disability Female N/A 2,357 N/A Source: 2000 Census Data for City of Denton, Texas Housing with Supportive Services Type of Estimated Supportive Services Needed Service Providers Household Need Elderly/Frail 381 Rental assistance, meals, Fairoaks Sr Hsg, Denton Hsg Elderly housekeeping, health care, Authority, SPAN, TX Dept of transportation Human Services, Aging & Disabilities Resource Center Page 31 Housing with Supportive Services Type of Estimated Supportiy e Services Needed Service PI-ON Idel-s Household Need AIDS Impacted 74 Rental assistance, childcare, Health Services of North Households employment/workplace re- Texas, Denton Housing entry training, budget Authority, North Central TX counseling, nutrition Workforce Center assistance, other AIDS-related services Households 75-100 Counseling, rental assistance, Denton County MHMR, impacted by support groups, transportation, Solutions of North Texas Substance Abuse health care Mentally Ill and 450-500 Financial assistance-shelter, Denton County MHMR, North Cognitively food, clothing. Support TX Central Workforce Center, Disabled trainers, psychiatric care, case Denton Affordable Housing coordination, supportive Corp., TX Rehabilitation employment Commission, REACH, and ARC of Denton County Source: Denton-area special needs providers and TX Dept of State Health Services. 200 Estimate of Needs The Geriatric Services Workgroup (GSW) is the lead entity for aging services planning process for Denton County, Texas. GSW meets quarterly for planning, training, education, and information regarding the needs of the elderly in Denton County. The GSW consists of representatives from the City of Denton including parks and recreation, and community development officials as well as representatives from the University of North Texas - Department of Gerontology, Assisted Living Facilities, Adult Day Care, Nursing Home Facilities, Independent Living Facilities, Home Health Care, Medical Alert Devices and Equipment, Human and Transportation Supportive Services, Local Hospitals, and the Area Agency on Aging. The Geriatric Services Workgroup indicated some strategies to assist the elderly and frail elderly including: (1) expansion of services (2) coordination of services, and (3) increased awareness of existing services to meet the needs of an aging elderly population. In response to these stated needs, providers in the area, led by the United Way and the Area Agency on Aging formed the Aging and Disability Resource Center. ADRC has already provided and information seminar and continues to develop new ways to address aging services in the area. In addition, affordable and appropriate housing for the elderly was identified as a major concern in both the 100% Geriatric Services in Denton County Workgroup focus group and the Area Agency on Aging sponsored planning initiative. The Geriatric Services Workgroup has designated housing and services to allow the elderly to maintain current housing as long as practicable as priority needs in the community. Other special needs populations are considered "potentially homeless". Strategies to assist these groups are included in the Continuum of Care strategies. Page 32 Public Housing The Denton Housing Authority does not administer public housing. There are no public housing units in the City of Denton. Homelessness and the Continuum of Care HOMELESS The City of Denton has a homeless population above the national estimate for suburban fringe areas. According to Martha Burt's book: "Helping America's Homeless: Emergency Shelter or Affordable Housing" a suburban/urban fringe area rate of homelessness average is 8.6 per 10,000 residents. Using this formula for estimating homelessness for the City of Denton would calculate 105 homeless in 2009 as follows: 119,454 * 8.6/10,000 = 105. A point in time survey conducted by the Denton County Homeless Coalition on January 28, 2009 for both the sheltered and unsheltered homeless found 116 homeless with 49 in emergency shelter, 44 in transitional shelter, and 23 unsheltered. In addition this count identified 46 homeless persons in permanent supportive housing programs and 143 persons at-risk-to become homeless. If included in the count, the "homeless" persons in the permanent supportive housing programs would bring the number of homeless in Denton up to 162 at the time of the 2009 point in time survey. This number is over 50% the estimated number of homeless for a suburban/urban fringe area. See Appendix E on page 81 for a summary of estimated and actual number of homeless persons counted in the City of Denton from 2001 through 2009. 67 percent of 77 respondents said they had been without a place of their own for over a year. The greatest number of respondents said that they had been without a place of their own for 2-5 years. In June 2009, the Denton Independent School District reported that they had 426 homeless children in pre-kindergarten through 12th grade. The strategy for addressing the needs of the homeless and those-at risk to become homeless operate from five basic goals: 1. Prevention - Provide assistance for low-income households to secure and sustain safe, decent affordable housing 2. Outreach - Improve community assessment of needs and services available 3. Emergency Shelter -Meet the emergency shelter and basic health food clothing and personal hygiene needs of the homeless and victims of domestic violence. 4. Transitional Housing - Meet the transitional housing and supportive service needs of the homeless and victims of domestic violence in preparation for a move to permanent or permanent supportive housing. 5. Permanent Housing - Provide homeless and victims of domestic violence with permanent or permanent supportive housing. The City of Denton's strategy allows individuals to receive an array of supports towards self- sufficiency. The Denton County Homeless Coalition and the City of Denton believe coordinated Page 33 services in these five areas can move a homeless individual or at-risk person to a long-term stay in permanent housing. CONTINUUM OF CARE STRATEGY Homelessness Prevention l Outreach Immediate Needs Transition to Stability Maintaining Stability CONTINUUM OF CARE PLANNING PROCESS The Denton County Homeless Coalition (DCHC) is the lead entity for the Continuum of Care (CoC) planning process for Denton County, Texas. The DCHC general body meets at least four times a year for training, education, and information regarding homelessness and homeless prevention. The general body approves any major Continuum of Care decisions including: • Review and approval of goals for the provision of services; • Updates to priority services and service populations; • Identification of gaps in services, changes in services offered, and populations served. A steering committee acts as the DCHC planning body and meets monthly to organize and conduct the regular business of the coalition including operating and procedural responsibilities. The Denton County Homeless Coalition elects a seven-member steering committee to represent a variety of interests. This is achieved by establishing a specific type of interest representation for each of the seven seats as indicated below: (1) Designated HMIS project sponsor; (2) Homeless Provider or Housing Agency or Shelter Representative; (3) Homeless Provider or Housing Agency or Shelter Representative; (4) Business Community Representative or financial institution; (5) Non-profit Community Representative (support services); (6) At-large Representative -an individual, elected official, a currently or formerly homeless individual, law enforcement, faith-based organization or an additional non-profit agency; (7) At-large Representative - same description as seat six. ADDRESSING THE CHRONIC HOMELESS The Denton County Homeless Coalition believes a structured and seamless collaborative system of services and programs can move individuals experiencing chronic homelessness to sustainable Page 34 permanent supportive housing. This transition to sustainable permanent housing is the key to ending chronic homelessness. The D.C.H.C. point-in-time homeless count taken in March 2009 (Denton County Homeless Count) identified fifteen sheltered and 13 unsheltered chronic homeless. It is likely that there were approximately forty-three chronic homeless that were not counted. These estimates were created by applying the Texas Homeless Network Statistics of 27% of unaccompanied adults among the homeless population as chronic homeless, to Denton's estimated number of homeless. At this time DCHC is moving from a coalition philosophy to a community strategy to end chronic homelessness. A coaltion's subcommittee is in the process of developing a Ten-Year Plan to End Chronic Homelessness. Since the plan is in process, the steering committee decided to take a three-step planning approach to building a community strategy to end chronic homelessness. The first step was a small committee conducting research on strategies, stakeholders, goals, and activities to promote appropriate services for the community and chronic homelessness. In the fall of 2004, the small group completed their research and provided possible community directions for review by the steering committee. The Steering Committee used the information to move to the Step Two of the three step planning approach. The second step is the identified community stakeholders and possible actions necessary to end chronic homelessness. Upon review of other successful planning processes to end chronic homelessness, the steering committee decided to approach local elected officials to sponsor and convene the community planning process. The DCHC is in the process of completing this step of the three step planning approach. The third step is to convene a large community meeting for all identified stakeholders to review, modify, and agree upon a plan for the community to end-chronic homelessness. The DCHC expects the community plan to end-chronic homelessness will build from current programs and services available. The Denton County Homeless Coalition has identified several obstacles to ending chronic homelessness including lack of major substance abuse services, healthcare services, and transportation. These items present significant barriers in moving the chronic homeless from experiencing homelessness to maintaining a stable environment. DISCHARGE PLANNING The Steering Committee inquiry in to current discharge policies of local institutions raised awareness regarding the lack of policies, policies of theory and not practice, and existing agreements or practices for discharge. Steering Committee research discovered: • The nearest mental health institution places the responsibility of discharge on clients place of origin mental health center, Page 35 • The state's foster care program uses a legal statute as a discharge plan and no children should age out of foster care to the street, • Local hospitals developed relationships with local non-profits for clients to be discharged with prescription assistance and to available service; • A church reported a local police department dropped off a homeless man in the field behind the church. Since the current discharge policies are widespread and vary, the DCHC steering community felt that a community plan would be the best way to start the discussion of a unified discharge polices. The steering committee decided to include discharge planning as a component of the ten-year plan to increase visibility and support for a community approach to coordinated discharge practices. Page 36 City of Denton Continuum of Care Housing Gaps Analysis Chart Current Inventory in 2009 Under Development in 2004 Unmet Need/ Gap Priority Need Individuals Example Emer,encv Shelter 100 40 26 Emergencv Shelter -26 0 58 1 huh Beds Transitional Housing 0 0 0 I Ii _h Permanent Supportive Housing 48 0 48 Mr~lium Total 74 0 106 Persons in Families with Children Emeraencv Shelter 27 0 70 1 huh Beds Transitional Housing 34 0 34 I h Permanent Supportive Housing 0 0 0 Mc,hulll Total 136 0 104 Continuum of Care Homeless Population and Subpopulations Chart 2009 Sheltered Un- Part 1: Homeless Population Emergency (n) Transitional (n) sheltered (n) Total 1. Homeless Individuals 32 19 51 2. Homeless Families with Children 5 13 3 21 2a. Persons in Homeless with Children Families 17 44 12 73 Total lines 1 + 2a 32 67 17 116 Part 2: Homeless Subpopulations Sheltered Un- sheltered Total 1. Chronically Homeless 15 13 28 2. Severely Mentally III 16 7 23 3. Chronic Substance Abuse 7 15 22 4. Veterans 12 3 15 5. Persons with HIV/AIDS 0 2 2 6. Victims of Domestic Violence 14 4 18 7. Youth (Under 18 years of age) 0 0 0 Page 37 r O O M M P4 ° u E) a o U o ° i a ro on U c°i o bj) 4cz, P0 ro o to a.ro `Z o°'n O'd ° op "'oOn x ° o ' ° ° ro¢ Q U o ~ 0 i • 'C cz cz l cz -c:: ro CZ cz c~C O U U z O U O ~ ~ U r--~ a 4=y U ~ U 4=y N C ~ ~~i U U O O O ~ U U O 0 ~ ° ~ V1 O b ~ b A A ~ b ~ b , A A W N / ' _ br p o ~I ~ C bA ,..I C~ Q ~ 4-0 ❑ o C7 C~ 6J 6r V, cz °O a O y bUA bUA cz p . bUA C U B U En SO. ti) W O cz i a n ° N N G' cz O s y O N p R to Ij ~ x C r- 0 O •U O U O 4y s- ° cz 'o Cd ~ O U U ~ r-, U f.d O ~ U r, N Z • U ct bJ' te U O r . cz U Li U ° P O A a~~ U 0 c r, a~ 00 M bUA r 0 O M M P4 o cz cz U U 44 cz u W cz b~A U O O R C • Ln i D v cn O W O PL, P s U ~ v 'C Od. cct O . . . G O 'C ccz 0 p o U C pA ~ N cC 0 N sp-I y0.' H cz O ~O N C) O ,U ~ y ~-y Ln N cC U" ~O - O 0 ,.O p ,rte' ca Ln O a u 44 cC o. bA N bA , d? U ^ un In ' U bA F O 'n N U O ~ " . ' " " U O O ICI O O i=~ y0., O A C _ ~ O r V 0 O r V ~ ~ 6r Z Qw~aw cz w 0 Qw~a~xa w cz U c x U N O U P x G. U P. U o o P. C U O U o U ' C A N c0 0 cz 0 A O C4 ~ O 45 U ~ U ~ • ~"r ~ p U bA ~--i bA • ~ Q :e rA r cz ~1-1 P~ ~ ~ U WO U U ~ . o 4. bJ' N U U N bA • G' ~ a O W• U U c~ O • ~ P. G' ~ O. 6r 7-' cC bb U ^I p U. U N N A O~ O ~ W P. 0 ~ ~P- x U O~ 0 0 s0-~ 0 0 r, M bOA P~ O O M M P4 ~ i~ 'o U by c PA"A ~C-) o¢o tj) ° ro ce a o =o a a o b° ro on o o i ct - 0 o - > y o a. ~ u o a. ' , ' ° ° U ° cz ¢ cz 0 O o U ° CZ O U N 0 7FZ ~ ti W _ ~ Imo) ~ U ~ ~ O bA N ~ O ~ ~ O O p N Ij Q • ICI ~ ' ~ U v ~ O U O ro ~ cz I c ar ^y Z o ~xaw c 4-0 to ;~'n~ P cz cn cz cn cz cn A O ~ U cz 0 c O O.d U M O ~ v ~ bA 2 34 . O bOA a Lead-Based Paint Hazards In Denton, it is estimated that there are 9,714 existing housing units built from 1960 through 1977, 3,865 units built from 1940 through 1959 and 1,290 units built before 1940. Of those units it is estimated that 3,904 could present significant LBP hazards and at least 50 percent, or 1,952 units with significant lead-based paint hazards are occupied by renter and owner target households (incomes below 81 percent of the area median income adjusted for family size). Lead-based paint hazard is defined as any condition that causes exposure to lead from lead- contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate federal agency. Number of Occupied Housing Units - B Year Built Year Built Rental Units Owner-Occupied Units Total Units Post 1979 8,285 6,255 14,540 1979 (SF and MF Units Built per Bldg Inspections) 809 190 999 1978 (SF and MF Units Built per Bldg Inspections) 199 293 492 1960-1977 (moderate LBP Hazards) 6,028 3,686 9,714 1940-1959 Significant LBP Hazards) 2,036 1,829 3,865 Pre 1940 (greatest LBH Hazards) 656 634 1,290 Total Units 17,357, 12,253, 29,610 Source: 2000 Census Sample Data QT-H7.Year Structure Built, Denton city, Texas; City of Denton Building Permit Data for 1978 and 1979 The lead-based paint strategy ensures the preservation of affordable housing through inspections, testing, rehabilitation and lead hazard reduction activities to sustain safe, livable housing. The lead- based paint strategy was developed after consultation with several local service providers including the Denton County Health Department, Denton Affordable Housing Corporation and the Denton Housing Authority. Both minor and major rehabilitation, reconstruction and down payment and closing cost assistance activities are available through HUD-funded programs in Denton for owner and renter-occupied properties. All projects assisted through the City of Denton Community Development Division will comply with the HUD Lead Safe Housing Rule, 24 CFR 35, subparts B through R and the State of Texas §295.201-220 Texas Environmental Lead Reduction Rules for units built before 1978. The City of Denton has a staff persons who is a state certified lead risk assessor and a certified lead abatement project designer. The City owns an X-Ray Fluorescent (XRF) lead analyzer and utilizes a certified lab for soil and dust sample testing. Page 41 In the next five years it is estimated that 32 units will be identified as safe from lead-based paint hazards as follows: four (4) Rental Rehabilitation projects, 15 first time homebuyers and 13 owner-occupied rehabilitation/reconstructions. These projects may include lead-based paint abatement and hazard reduction as well as first time homebuyer properties built before 1978 that pass visual paint inspection. All pre-1978 built properties known or presumed to have lead- based paint where project disturbs paint must comply with Federal and State regulations regarding lead-based paint and pass clearance testing at project completion. The City maintains a database on the lead-based paint status of all pre-1978 built properties that have been assisted with federal CDBG and HOME grant funds. In addition to lead hazard reduction activities, staff spends approximately two to three hours a week doing community outreach and education regarding the dangers of lead paint in housing. Page 42 cz v u cz o o~ cz Ocv V C U l i L. s U O 4 r I U U -i U bA 'C , - s. O O S ~ ' O O U O C ' cz V y 'C O U Q O O¢ ~I 4-i r-I . ~ ~ • ~ 4-i O O . O ~ U , ~ O ~ ~ F I U ~ ti) bUA cz O S 0 .C 'C pp cz U U O U 0 O y U, c i~ p c U V v~ h l D CZ a. .y ICI ~..r u Qr ^ ~ x 4~ x U O fir" ~ ~ j Qr ' U U cz A U i V] cn) U 7-0 cz z CU U U p u cz U U U W O • ~ ~ ~r U U 'C 4y ~ U U A m y A U cz ~ U o~ C O U - o U U N Li W w P~ A ~O. Cnz ~ . U CC ' ~ • g. U • U N ° : 7 O O u V s- 7 cz czi U . 0 cz ~ 11 -6 S O O U U U A cz W'. O U4 A~ a~ x A U as'. M bUA NONHOUSING COMMUNITY DEVELOPMENT STRATEGY Human Services Denton has a very effective human service delivery system. Local organizations work cooperatively to achieve established goals for the community. The City of Denton works with other funding organizations like the United Way of Denton County to determine community needs and ensure that funding is allocated in such a way as to maximize services and meet the needs identified in the community. Human services activities in Denton are influenced by the city council-appointed Human Services Advisory Committee. The purpose of the HSAC is as follows: • To encourage interaction between community groups to bring about improvements in the human services delivery system; • To provide a forum that promotes better communication and coordination among public services organization; • To work closely with other funding organizations to coordinate funding efforts within the City; • To encourage in-depth evaluation of the effectiveness of the human service delivery system; and • To recommend action for implementation that would improve human services in the City of Denton. Due to the efforts of HSAC the City of Denton currently supports a variety of services with CDBG and City of Denton general funds including: • Advocacy services for abused children • After school care and activities for at-risk youth • Domestic violence prevention • Elderly meals services, housekeeping and volunteer support services • Emergency food and utility assistance • Health Care • Homeless services • Infant, toddler and preschool childcare • Homeless Management Information System • Services for persons with mental and physical disabilities • Summer playground programs targeted to at-risk youth • Transitional housing The human services strategies identify priority services and goals for the five-year period. Page 44 O p O O s~ ti) cz 4- +Oy bA U N bA •y~ y.y 0• cz v bA U O „r• , cA c c rA cC s~~y cd ~ S-'. _O ti) GJ cz 1 O O U O R U 5 '5 O n ' cz cz p CZ O U 4-0 c N Co. ou 44 U U cn O " O bA bA cz 9 cC s-i O N 0 "O V] V] s." O r+.i O O bA O O U U N O C4 "j) cz u^ cC ~ 0 0 0~ w lie ✓ o ~ w d ci w Fil o o a~ D o k~ ODU o° o n o o UU O cz o xQ x `z a cz a cz u V] v~ ww -v~ 0 w ~ Q C~'t, o ? cz ICI w w w w awa~ a~Q~a . cz :C 0. y chi • o on cz L . ~ o ) ro o o 5 a~ o 8 o ; o ' v O N cz cz cz ° o w 5 ro on ro CA Ln n n U N U N M ~ O N '7' N ~ C cz mo o 4-0 o o N 14 0 M 14 n 0 0 ro P~ O cz ° V] U 0 U G cz = cz L V] ~ U O cz U ! N U W U U-i • O O cC ~ GJ U p U CZ O0 " U r-- 0 °r V O ~ ~ CZ r o ~ 5-i U U - U 0 ' O ;U. P. 7C O 8) N U O ~n C O N U s; O O U cz ° U ~ N 0 CZ CZ 4-0 i ~ O u cz to " a i CSC 2 N CSC CC . U - N c~ bA G U cC G O O ct O • - O p U w U cC U O W cz --i N M I--1 U N M w u 4J ~O O O ¢ O - u 'C U yU 44 RQ~w c~ Uw ro o o ~w~~~ ~ u O O li O U U o o o w w a ~ cz a = N N° Ct c Q J ccz u z u 0 ot~ o o CA Ln U o r, N M r, ~ U U U cz U cz U 41. ' • 4 d' cz w o a? ~ ~ ~ U OO cd U "C a .y I'D ro P~ Public Infrastructure and Public Services Facility Improvements Goals for infrastructure and facility improvements continue to be as follows: • Correction of deficiencies affecting the health and safety of neighborhood residents; • Improvement of accessibility for persons with disabilities; • Improvement of human services facilities; • Extension of infrastructure for affordable housing activities; and • Extension of infrastructure for economic development activities. The Community Development Advisory Committee makes decisions regarding funding priorities and City Council based on several factors: • Recent public input (including citizen surveys) regarding infrastructure and facility needs; • Project provides a substantial benefit to low and moderate-income persons; • Project would not be carried out in a timely manner without the use of CDBG funds; • There is a reasonable cost per household benefit; and • CDBG funds leverage funding from other resources. Demolition of substandard housing continues to be a concern. The City will continue to demolish substandard buildings to improve the appearance and safety of neighborhoods. This will reduce the number of condemned, vacant, substandard structures, and clear lots of trash and debris. Along with any CDBG funding allocated, City general funds will be used to demolish substandard structures. Page 47 s- cz O U O Irl C 'A ,r"., V CA rA - - R O U U 4-i to to O 'C N P O C N 0 P C C ct p cz cz cz cz ° cd p U If C t' U fct CZ U ot~ V O O O O O O r N N N N O U O U N~ ,9, P••I i-i n••I n••I i-i Q•I n••I i-i Q•I n••I i-i Q•I ~ I-ti V] N I-I V] Q•I i-i V] W w 0 ay .y.. ~ ~ ~ U U b~A ~ U b~A ~ U b~A ~ U b~A ~ U ~ U ~ U O UQ W UQ W UQ W UQ W UQ a.. UQQ UQU O O O O O O O O O 'C O O O O O O CC ~ b~A b~A b~A b~A ~ ~ b~A bf . = O O mm O O O O ~ p O ot~ a a a a w a O'd t~ ~ ~ C7 0 ~ ~ o ~ C7 C7 C7 ~ C7 ~ bA Q~ U bA Q~ U bA Q bA Q~ bA Q w bA Q bA P••~ w a a a a a a c a s. o cUC 'C ¢ O bA co~ G ' ¢ p . r, g w o w o ° w C `z w w ° w w ~ er 6r ~ ~ ~ O O" : U ri O.Uct cC ~ U U ' U 'C cz 0 0 to ct U o ct G C O eC O p eC O O a. ct o eC s . G ct O .o . En cz N co co M U ° a. o ro 00 bUA Anti-Poverty Programs and Economic Development According to the 2000 Census, Denton had twice the number of families living below the poverty threshold compared to other communities in Denton County. Though this is a lower percentage than in 1990, it indicates an obvious need to provide programs designed to support higher paying employment and support services for lower-income residents. The Denton County Homeless Coalition has developed a strategy that includes collaborative efforts to prevent homelessness. The strategies support planning for self-sufficiency and include transitional housing, budget and job counseling. The City of Denton continues to support p programs designed to assist those in poverty and help them to become self-sufficient. These programs are funded with both CDBG and general funds. One example is the Denton Housing Authority's self-sufficiency program that helps households move from the Section 8 program to homeownership. Cumberland Presbyterian Children's Home administers a Single Parent Program designed to help these families find employment, and learn to budget their income appropriately. HOPE, Inc. continues its transitional housing program to prevent households from becoming homeless. The City no longer funds a Microenterprise Loan Program. However, the City's Economic Development Department works with the Denton Chamber of Commerce, the Black Chamber of Commerce and the Hispanic Chamber of Commerce to develop local business and industry. These efforts also create additional employment opportunities in the City. Denton's current economic strategy is designed to bring higher paying employment positions into the area. Medical services, including those created as a result of the completion of the new Denton Presbyterian Hospital, will be the focus for the next several years. Also, the Chamber's Small Business Development Center (SBDC) has been in operation since 1989 and is a satellite of North Central Texas College. The mission of the SBDC is to provide small businesses with the practical assistance needed to survive, grow and prosper through free business counseling, information, and low-cost seminars. The SBDC provides information to small businesses regarding the assistance that is available from the U. S. Small Business Administration. Page 49 U ~ ~ ~ ~ ~ U N N Z Ifi U O cC .O cUC O U U cz • ~ U tj)'cz Q p H O U O O O U U ~~J _ x' V cC ~ ~I, s~•~ O Q U U " Q O s F-w w . U O E~ .UU. O Wes. U O U U O ° H~~UUX P.0. P. QUv~~U U U ~ ~I . O ~ • U ~ O O O N U 'C V 0 0 cz u 3 O F u ° ' r~ W C I U C7 v 'C C J A bA P~ U 6.0 OU /1/ G' is O ~ "~~'5~., ° W a"' U bUA ~ O U ~ Q N U W C O U¢ O ~O O~ O c0 O U N to O x' U U P. U im, ~ + • ~ O O ,O U 'C W O O W " , O s N O R V N N"' p bA O ,r"., ° N N p ' ~ O N O O , U U P. . . p . 6df U ' • C O N ~ ~ O O O C „y --i " ~ 9 „y N • ~ ice" O ~ N bA M O sue r; , O ` M ' ' N O ~ C ~••~S-. ,r..' ccdd ry " , , . ~ O bUA P~ BARRIERS TO AFFORDABLE HOUSING The Denton Plan, 1999 - 2020 Comprehensive Plan of the City of Denton The following statements included in the Denton Plan support the development and maintenance of affordable housing opportunity including special needs housing: "Residential development that establishes a variety of lot sizes, dwelling types and housing prices should be encouraged." "Denton will continue to encourage a range of housing types and densities in order to respond to the needs and desires of its residents." "The plan encourages infill development, restoration and redevelopment within the existing center city and surrounding the universities." "Housing should be allowed within all land-use districts except for industrial districts." "The plan recommends that that existing neighborhoods within the city be vigorously protected and preserved." "Residential uses will occur within the downtown university core, community mixed use centers, regional mixed use center, and employment centers." "Accommodate 27,000 single-family homes and 18,000 multifamily units by the year 2020 to bring the ratio of single to multifamily housing from 51:49 in 1998 to 58:42 in 2020." "Accommodate multifamily residential development in a variety of forms." "Multifamily uses should be located in small groupings around the City in a manner that provides a mix of uses and densities rather than concentrating all multifamily uses in one area which can have negative impacts upon the city." The following Housing Policies are incorporated into the plan: • Alternative types of housing that respond to the differing economic and individual life-styles of Denton's citizens should be developed in all areas of the city to achieve balance and diversity; • Homes that vary in lot size, building size, and cost may be permitted in new development; • Existing housing stock, particularly for affordable housing, should be protected and preserved to avoid the loss of dwelling units that are unlikely to be replaced; • Incentives should be investigated to encourage infill housing construction, especially in conjunction with neighborhood revitalization plans; Page 51 • Design and construction quality expectations should not be relaxed in order to meet affordable housing objectives; • City review and inspection fees should be reviewed to determine if changes could be made to ease affordable home construction costs. Such a program should be undertaken only if benefits are passed on to low and moderate-income homebuyers; • The need to provide enough land to meet housing demand should be balanced by the desire to maintain unique urban patterns, character and neighborhoods of the city; • The range of housing types available for the specialized needs of the elderly, disabled, low- income, students, single-person, or female-headed households should be acknowledged as part of a strategy to diversify the city's neighborhoods; • Areas where higher housing densities are allowed should be supported only after the availability of employment, commercial services, schools, public utilities and facilities, and transit, pedestrian, and bicycle systems has been addressed. Residential land use goals and strategies increase housing opportunities in the core area of the city, allow urban-style (townhomes, duplexes, single-family detached) in mixed-use districts and seek to preserve existing single-family housing stock within the city. One of the key land use principles affecting affordable housing states that "Denton is a city for all types of people and all types of uses." "To accommodate all types of people, a city must allow all types of housing." DENTON DEVELOPMENT POLICIES ANALYSIS A. Development policies adopted by the City of Denton are designed to encourage the production and preservation of affordable housing. There appear to be no overt barriers to the development of affordable housing in Denton. The City of Denton also actively promotes fair housing to ensure that affordable units are available to all. The following is a discussion of the relevant housing development and preservation policies. L LONG RANGE HOUSING POLICY AND LAND-USE CONTROLS The City's adopted land use policies are embodied in The Denton Plan 1999-2020 adopted by the Denton City Council on December 7, 1999. Much of the "Community" section of the plan is related to diverse and affordable housing. The Denton Development Plan stated that "Denton is a unique community whose diversity gives it strength. This uniqueness is a point of community pride, and it is the goal of The Denton Plan to ensure that growth, development and the use of community resources foster, encourage and promote the preservation of this vital quality." The Denton Plan was developed using extensive citizen involvement. The Plan sets up housing policies to be followed for the period from 1999 to 2020. Housing Policies in The Denton Plan include the following: Page 52 • Alternative types of housing that respond to the differing economic and individual life- styles of Denton's citizens should be developed in all areas of the city to achieve balance and diversity. • Homes that vary in lot size, building size and cost may be permitted in new development. • Existing housing stock, particularly for affordable housing should be protected and preserved to avoid the loss of dwelling units that are unlikely to be replaced. • Incentives should be investigated to encourage infill housing construction, especially in conjunction with neighborhood revitalization plans. • Design and construction quality expectations should not be relaxed in order to meet affordable housing objectives. • City review and inspection fees should be reviewed to determine if changes could be made to ease affordable home construction costs. Such a program should be undertaken only if benefits are passed on to low and moderate-income homebuyers. • The range of housing types available for the specialized needs of the elderly, disabled, low-income, students, single-person or female-headed households should be acknowledged as part of a strategy to diversify the city's neighborhoods. • Areas where higher housing densities are allowed should be supported only after the availability of employment, commercial services, school, public utilities and facilities, and transit, pedestrian, and bicycle systems has been addressed. A. Housing Diversity: These policies are designed to insure and "strongly encourage" a wide range of housing types. Adopted policy statements include the following: 1. Provide a wide range of housing types in such quantities city-wide and sector-wide that correspond to Denton citizens' financial capabilities and desires for differing lifestyles. 2. Emphasis should be given to the development of diversified housing in all sectors of the city, which also suggests that one housing type should not be concentrated in any one sector of the City. 3. Create codes and ordinances to promote and encourage the quality of smaller size housing. B. Housing Cost and City Regulations: Current trends in development standards have increasingly added requirements to encourage higher quality housing. These policies have resulted in higher housing costs by filtering costs to the developer and then to the new homeowner. The policy of the DDP is to reduce the cost of housing by encouraging growth in the low to moderate housing market. The following are adopted policy statements: 1. Allow greater flexibility in the siting of a house on a lot, requiring only a maximum building coverage, front yard requirement and fire separation. 2. Provide more flexible lot width and depth requirements as long as the minimum lot size is maintained. 3. Explore and implement housing development concepts such as town houses or semi- detached houses sharing a larger recreational and green space. Page 53 C. Preservation of Existing Housing: The preservation of the existing housing stock is a priority. Following are statements designed to support the protection of older, often more affordable housing. 1. Modify codes to encourage remodeling of housing and redevelopment of neighborhoods by providing incentives in taxes and public facilities. This is not intended to provide incentives to individuals or to modify health and safety codes. 2. Code enforcement will have a priority in older neighborhoods. 3. Neighborhoods will be encouraged to interact with the Planning and Zoning Commission, City Council and other pertinent boards and City staff. 4. Special consideration shall be given for the protection of older residential neighborhoods which have benefited from Community Development Block Grant and other similar federal or state expenditures. 5. In reviewing zoning, subdivision, capital improvements and other proposals, existing neighborhoods will be given specific consideration to ensure stability. Compatible redevelopment is encouraged, including the priority expenditure of public funds over newly expanding areas. Specific review criteria will include: Upgrading or eliminating older deteriorating structures will be encouraged to the extent that it is judged positively for the overall neighborhood; Review criteria will consider the impact of proposed development in areas adjacent to or nearby existing older neighborhoods. Proposed development in nearby neighborhoods should be judged by the same design and development standards that would be applied if the development was proposed in the existing neighborhood. D. Compact Growth: Developments occurring more than half a mile away from existing roads, water and sewer mains tend to incur higher public costs. The compact growth policy has been designed to incorporate future growth and development within close proximity to facilities including police, fire and recreation. The effect of the compact growth policy will be to reduce the per capita cost of infrastructure, therefore lowering the cost of development. IL POLICY IMPLEMENTATION Over the past several years, efforts to improve and expand existing programs supporting affordable housing have been very successful. The City of Denton has acted in accordance with its stated aforementioned policy to improve affordable and special needs housing. The following are some examples of the City's affordable housing policy implementation. A. Monetary support from the City's general fund for staff working with Federal grant programs, including CDBG and HOME. Specific programs administered by staff include the City's Homebuyers Assistance Program, Home Improvement Program and the Minor Repair Program. B. Continued monetary support provided to the City's only Community Housing Development Organization (CHDO), the Denton Affordable Housing Corporation. Page 54 Recently, the DAHC was responsible for construction of an affordable green housing development. C. Provision of City general funds to provide impact fee grants to non-profit organizations developing affordable housing III. REGULATORY FRAMEWORK - ZONING, BUILDING CODES, FEES AND CHARGES AND MINUMUM BUILDING STANDARDS A. Zoning district standards and the subdivision regulation process/standards are very liberal and highly supportive of development and maintenance of affordable housing. In February 2002, the City of Denton adopted the Denton Development Code, a document that unifies elements of zoning, subdivision regulation, environmental protection, site design standards, and other development regulations. The code is one of several implementation tools used to achieve land use and housing goals and strategies put forth in The Denton Plan. The zoning regulations contain seven residential districts. The regulations move away from minimum lot size zoning districts to maximum housing density per district allowing a flexibility of design to attract a wider market in housing product. The districts are based on the concept of neighborhoods that combine a mix of residential densities and housing types. Mixed-use structures are encouraged in many of the districts allowing the development of retail or office on lower floors with multi- family residential above. The concepts behind the zoning districts strive to encourage a diversity of population and income levels, accessibility to employment, recreation, school and community uses, and connection to public transit. The mixed-use nature of these districts requires specific site development and design criteria, inter-subdivision consistency, vehicular accessibility, and walkability linking neighborhoods together. B. Construction codes allow for the renovation of existing, usually older and more affordable units. Under these codes, units would not have to bear the increased costs of new construction codes unless a health or safety issue is present. C. Lots which may not meet current area requirements are "grandfathered." D. Appendix D of the 2010-2014 Consolidated Plan provides a schedule of development and building fees. These fees have been compared to those of other cities in the Dallas-Fort Worth area and do not appear to be excessive. Tax Rates The following table provides a comparison of Denton's 2009 tax rate to the rates of 28 other Dallas-Ft. Worth area cities. Denton's tax rate of .66652 for the city and combined city/county/school district continues to be comparable to other north Texas area communities with significant low-income areas and lower property values. It is also important to note that the Page 55 City of Denton, has two State universities, is the County seat of Denton County and has a FEMA facility within the City limits. These are all tax exempt. Cite Property Tax Rate Fort Worth 0.85500 Lancaster 0.77750 Dallas 0.74790 Rowlett 0.747173 Garland 0.70460 Grand Prairie 0.66998 De Soto 0.69973 Duncanville 0.69600 Denton Arlington 0.64800 Coppell 0.64146 Cedar Hill 0.64140 Mesquite 0.64000 Carrollton 0.617875 McKinney 0.58550 Richardson 0.57516 Corinth 0.57698 North Richland Hills 0.57000 Irving 0.54060 Hurst 0.53500 Fanners Branch 0.51950 Plano 0.48860 Flower Mound 0.44970 Lewisville 0.44021 Building Code Requirements The City of Denton building code requirements are reviewed on a regular basis by city staff and the Construction Advisory and Appeals Board. The Construction Advisory and Appeals Board is a council-appointed citizen committee. Members are generally from the development community and are careful to ensure that adopted codes do not discourage development activities. Current building code requirements include: The 2006 International Building Code The 2006 International Residential Code Page 56 The 2006 International Fuel Gas Code The 2006 International Energy Conservation Code The 2006 International Mechanical Code The 2006 International Plumbing Code The 2006 International Fire Code The 2005 National Electrical Code Appendix D starting on page 74 is a Permit and Inspection Fee Schedule. These fees have been compared to those of other cities in the area and do not appear to be excessive. Impact Fees An impact fee grant program was set up in 1998. The initial assistance program provided $100,000 in City of Denton general funds to pay impact fees for affordable housing units constructed by local nonprofit organizations. The impact fee grant program continued through the 2006-'07 fiscal year at a reduced level of funding. On an annual basis, Community Development staff will consider a request for additional funding for this program. Conclusion Though there appear to be no overt barriers to affordable housing, regular reviews of taxes, fees, building codes and zoning regulations is necessary to ensure that unanticipated barriers do not develop. City staff continues to work with local affordable housing advocates to ensure that their concerns regarding affordable housing opportunities and barriers are addressed. Page 57 on tom. o ~ o cz o cw ° o U kr) o 'cc ° ° ro ~ ~ U ct in VL" M Sr Q N Q Q bA 4 N C/1 A O 0 . ~ O O ~ 0 • ~ O ~ ~ C7 Cd W ~ ° "C ~ ~ U cz Q~~ w~ ona O ~ Qo Ub~,AQxUW x~a Vl ..yy i~r W . O ° iii U U ~ • ~ ~ ~ ~ W ~ x ~ ~c z 1 , ~ , N ~N 0 q a 3 O 7 "J Ctn ''C 4y ~ O r-- O bA U U bi) U U cz y 'C ' bA G 'C u N • r-L U t ~ ccz f.d . U W ,si O CC W CC r'~'i O CC 44 O U t) C, V G cC N 1 ~ C N icy- OU N ~ . A A ~ A c ~ . W ~ cC U c C W s c% ~ O cC cC 00 bUA INSTITUTIONAL STRUCTURE Institutional Structure Since the first CDBG grant was allocated to the City of Denton in 1984. Since that time, City staff has worked to develop a comprehensive approach to increase the availability of services and standard housing units to Denton's low to moderate-income households. During the past 25 years, there has been an emphasis on the creation of partnerships with other housing non-profits, local lenders, realtors and social service providers. The major housing organizations, whose mission is to assist local residents with housing issues, include the Denton Housing Authority, the Denton Affordable Housing Corporation, Habitat for Humanity of Denton County, HOPE, Inc. and the City of Denton. Each organization fills a specific niche in support of affordable, livable housing in the Denton community. The efforts of these organizations and other service providers have been very successful. Denton has a strong network of housing and social service organizations that form partnerships when specific needs arise that no single agency could meet. They cooperate to coordinate services on a regular basis. Since 1984, the weaknesses in the institutional structure have been ameliorated largely due to these partnerships The organizations currently involved in the delivery of affordable housing and supportive services are described in the chart below. Organization Type Purpose City of Denton Public The City of Denton administers the Community Development Block Grant and HOME programs. Programs administered by the City include homebuyer assistance, owner-occupied home improvement loans and minor repair. The Community Development Division acts as the coordinating body for the City's housing programs, the Denton County Homeless Coalition and various social service initiatives. Community Development staff work with the Council-appointed Community Development Advisory Committee to determine effective use of housing and public improvement dollars. Cumberland Non-Profit Provision of transitional housing and support services to single Presbyterian parents and youth. Children's Home Page 59 Organization Type Purpose Denton County Public Provision of public transportation. Transportation Authority Denton Housing Public DHA administers the Section 8 program for Denton County. Authority They also manage elderly and general housing units that are owned through non-profit subsidiaries. DHA is working to support self-sufficiency programming for their Section 8 households. DHA is also working to provide additional low- income housing in the community. There are no public housing units in Denton. Denton County Public DCHFC is a product of a cooperative relationship between the Housing Finance City and Denton County. The not-for-profit corporation raises Corp funds for low interest homebuyer loans and down payment assistance available throughout Denton County. Revenue received by the organization is provided to local housing organizations to support their housing efforts. Denton County Quasi- Denton County MHMR provides housing and supportive Mental Health/ Public services for persons in the community with special needs. Mental Retardation HOPE, Inc. Nonprofit HOPE, Inc. provides transitional housing services to those at risk of becoming homeless. HOPE has administered funding from FEMA, the Emergency Shelter Grant program, City of Denton general fund, CDBG funds and other public and private funding sources to assist households. HOPE, Inc. will continue to manage the HMIS reporting system. Denton Nonprofit DAHC is CHDO certified by the State of Texas and City of Affordable Denton. DAHC administers several programs that provide Housing owner-occupied, rental and special needs housing to residents Corporation of both Denton county and city. They receive funding from several different sources including City of Denton HOME, DCHFC, Federal Home Loan Bank of Dallas, Texas Housing Trust Funds, Section 811 program and other state and local funding. Page 60 Organization Type Purpose Habitat for Nonprofit Habitat for Humanity of Denton County has recently expanded Humanity to serve the entire county. Habitat has been instrumental in bringing additional resources to meet housing needs in Denton. Habitat has received support through City of Denton Impact Fee Grant and HOME funding. Salvation Army Nonprofit Provides emergency shelter to individuals and families using several funding sources including City of Denton funding. Health Services Nonprofit Provides housing assistance to households impacted by of North Texas HIV/AIDS and other health services. Lending Private Lenders provide financial and client support for homebuyer Institutions assistance programs. Local lenders have also provided private support for activities carried out by the Denton Affordable Housing Corporation and the Denton Housing Authority. Realtors Private Local realtors have assisted in the implementation of the homebuyer assistance program. Builders, Private Local housing professionals in the building industry participate Developers and in renovation programs administered by both the City and Contractors DAHC. They participate in discussions concerning affordable housing programs and how they can be improved. University of Educational Both Universities have assisted with the area homeless counts. North Texas & Institutions In the past, they have assisted with community needs Texas Woman's assessments. UNT supports and is educating the community University regarding "Green Building." Denton Housing Authority The City of Denton and the Denton Housing Authority have an informal working relationship. Any efforts to collaborate are based on need and opportunity and the willingness of both organizations. DHA and the City of Denton attempt to work together on issues of mutual concern. The community development administrator acts as the City's liaison to the Denton Housing Authority. The mayor of the City of Denton is responsible for appointing the Denton Housing Authority Board of Directors. The DHA Board of Directors is responsible for hiring a chief executive Page 61 officer. The CEO makes all other hiring decisions. Policies and decisions regarding contracting and procurement are also the responsibility of the DHA Board and staff. All proposed developments by the Denton Housing Authority must comply with City land use regulations including the recently adopted Denton Plan and locally-adopted building codes. Proposed DHA developments go through the same process as private industry developments. Demolition permits are required. There are no public housing developments in the City of Denton. Community development staff reviews DHA's comprehensive plan for consistency with the Consolidated Plan for Housing and Community Development. A recommendation is forwarded to the city manager regarding approval of the document. Page 62 Gaps Assessment 1. Need for more effective communication between housing organizations in the North Texas area, including those serving the City of Denton. Local housing organizations need to work together to expand resources and programs to ensure that a variety of housing choices are available to serve low and moderate-income households. Action to overcome gap: Continue to encourage participation in the Denton County Homeless Coalition, the Denton County Senior Services and other collaborative organizations. Work with agencies and continue to support partnership efforts and the sharing of information regarding funding opportunities. 2. Need for more effective coordination between emergency assistance agencies. Action to overcome gap: Continue to support efforts of the Denton County Homeless Coaltion and HOPE, Inc. to expand the network of organizations participating in HAWS. 3. Lack of private contractors experienced in lead-based paint hazard reduction and abatement and lack of funding to complete projects. Contractor training along with additional funding targeted to lead abatement is critical to continue the City's owner- occupied rehabilitation program. Action to overcome gap: Request additional funding where available to gain contractors and pay increased costs. Work with gaining organizations to promote gaining opportunities to local contractors and employees. 4. Lack of shelter facilities for families and youth. Action to overcome gap: Support work of Denton County Homeless Coalition in targeting priority services and facilities needed in the area. Assist in grant writing and other forms of fund raising. Administer homeless grant funds when appropriate and support is needed 5. Lack of coordination of homebuyer/homeowner educational services needed to provide a higher level of information. Action to overcome gap: Investigate a partnership with the Denton Housing Coalition, Denton Affordable Housing Corporation and or the State of Texas to develop a more comprehensive educational program. 6. Inability to assist low and moderate-income property owners to bring housing units up to standard condition. Action to overcome gap: Seek out additional funding to assist low income homeowners and work to develop program or policies to ensure that owners of rental property improve units as needed to maintain unit up to local code requirements. Page 63 APPENDIX A Priority Housing Needs Summary Table PRIORITY Priority Need HOUSING NEEDS Level Unmet Goals (households) High, Medium, Low Need H 835 20 0-30% Small Related H 654 15 31-50% M 424 4 51-80% H 258 7 0-30% Large Related M 117 1 31-50% M 250 3 51-80% Renter M 274 10 0-30% Elderly M 199 4 31-50% L 102 0 51-80% H 2,895 87 0-30% All Other H 1,842 55 31-50% H 849 25 51-80% H 551 20 0-30% Owner H 542 20 31-50% H 956 25 51-80% Total Goals 296 Total 215 Goals 296 Page 64 Page 65 COMMUNITY DEVELOPMENT NEEDS PRIORITY COMMUNITY DEVELOPMENT NEEDS Priority Need Level High, Medium, Low, No Such Need Estimated $'s to Address PUBLIC FACILITY NEEDS Senior Centers High $12,500,000 Youth Centers Handicapped Centers Child Care Centers Medium $750,000 Parks and Recreation Facilities Medium $6,000,000 Trails & Pedestrian Facilities High $600,000 Health Facilities Neighborhood Facilities/Community Centers Medium $4,500,000 Facilities for Abused & Neglected Children Low $250,000 INFRASTRUCTURE IMPROVEMENTS Flood Prevention and/or Drainage Improvements High $500,000 Water/Wastewater System Improvements Medium $300,000 Street Improvements High $750,000 Sewer Improvements Medium $300,000 Sidewalks High $500,000 Solid Waste Disposal Medium $150,000 Water Services Improvements PUBLIC SERVICE NEEDS Services for Persons with Disabilities Medium $250,000 Transportation Services High $1,000,000 Substance Abuse Services Medium $250,000 Child Care High $500,000 Health Services High $1,000,000 Page 66 Senior Services Medium $250,000 Other Public Service Needs Page 67 ECONOMIC DEVELOPMENT Job Creation High $30,000 Capital Improvement Infrastructure Development High $2,400,000 Business Support Services/Technical Assistance Medium $10,000 Commercial/Industrial Rehabilitation Medium $200,000 Land Acquisition for Commercial/Industrial Dev Medium $5,000,000 Non-residential Historic Preservation Medium $150,000 Direct Financial Asst to For-Profit Businesses Medium $100,000 Micro-Enterprise Assistance Medium $50,000 Clean-up of Contaminated Sites Medium $200,000 HOUSING NEEDS Single-Family Residential Rehabilitation Medium $3,000,000 Improvements for Handicapped Accessibility High $500,000 Residential Property Maintenance/Code Enforcement Medium $100,000 Home Ownership Assistance Medium $2,000,000 Rental Housing Subsidies High $10,000,000 Homeless/Transitional Housing High $2,500,000 Asbestos Removal Low $250,000 Lead-Based Paint Testing and Abatement Medium $500,000 Residential Historic Preservation Medium $500,000 Multi-Family Unit Rehabilitation Medium $2,500,000 TOTAL ESTIMATED DOLLARS NEEDED: $60,340,000 Page 68 APPENDIX B CITY OF DENTON COMMUNITY DEVELOPMENT PROGRAM CITIZEN PARTICIPATION PLAN The City of Denton's Community Development Citizen Participation Plan is designed to afford all citizens of Denton, including low and moderate-income citizens, the opportunity to comment on the Consolidated Plan, community development procedures and specific projects. Citizens and organizations can provide comments on activities to the Community Development Division, 601 E. Hickory Street, Ste B, Denton, Texas 76205. The phone number for the office is 940349.7726. A messaging service is available for calls after normal business hours. The following is an overview of Denton's Citizen Participation Plan. L Encouraging Citizen Participation A. Encouraging General Participation B. Encouraging Participation from Citizens in Low and Moderate Income Areas C. Encouraging Participation from Minorities, Non-English Speaking and persons with disabilities IL Opportunities for Citizen Comment on Citizen Participation Plan A. Plan B. Amendments III. Public Hearings A. Purpose B. Advance Notification C. Locations D. Translation Services IV. Consolidated Plan A. Information Available to Citizens 1. Amount of Assistance 2. Activities 3. Low/Mod Benefit B. Publishing Requirements and Availability 1. Summary of Plan 2. Comment Period 3. Locations 4. Access for Disabled 5. Summary of Comments C. Amendments V. Performance Reports VI. Technical Assistance A. Notification Page 69 B. Proposals VII. Meetings VIII. Access to Records IX. Displacement X. Complaint Procedures Each element is discussed in detail below. SECTION I. ENCOURAGING PARTICIPATION A. The following steps will be carried out to encourage participation from all citizens in community development decision-making. 1. Advertise Consolidated Plan activities and programs in a newspaper of general circulation, on the local cable television network, and on local radio stations. 2. Post notification of all citizen advisory board meetings at least 72 hours in advance. 3. Directly notify service agencies, churches, existing neighborhood associations and other organizations of opportunities to participate in Consolidated Plan activities. B. The following steps will be taken to encourage participation by low and moderate-income households. 1. Whenever possible and at least once annually hold public hearings within a low to moderate-income neighborhood. 2. Develop a list of interested citizens who reside in low-income neighborhoods and directly notify them of all public hearings and requests for comments. 3. Contact churches, civic organizations, neighborhood groups, etc. serving low- income neighborhoods. Request that they announce public hearings, comment periods, program information and other community development activities occurring throughout the program year. 4. Whenever possible, canvass low-income neighborhoods providing information regarding public hearings, program information, etc. to all residents within the neighborhood. 5. Request that the Denton Housing Authority and other local service agencies post flyers that encourage participation in the Consolidated Plan process by residents and clients. C. The following steps will be taken to encourage participation by minorities, non-English- speaking persons and persons with disabilities. Page 70 I. Include advertisements in any additional publications, radio and television stations that target a specific group of citizens, some of whom may reside in low income areas. 2. Advertise Consolidated Plan activities and programs in both Spanish and English. If another significant language minority exists, staff will attempt to translate advertisements to include the language. Provide interpreters at public meetings when needed. 3. Hold all public meetings in buildings accessible to persons with disabilities. Make program information available in locations accessible to persons with disabilities. 4. Provide a sign-language interpreter if requested. SECTION II. PUBLIC COMMENT ON CITIZEN PARTICIPATION PLAN A. The following steps will be taken to obtain comments on the Citizen Participation Plan. 1. The Citizen Participation Plan will be available for review during a published comment period. The period will not be less than 15 calendar days. 2. A summary of the plan will be published in advertising form in a newspaper of general circulation. The summary will include a list of locations where the plan will be available for review. 3. Locations may include city hall, public libraries, recreation centers, other City offices and churches. Copies of the plan will be accessible to those in low- income neighborhoods. 4. Upon requested, the Citizen Participation Plan will be in a format accessible to persons with disabilities. 5. All published notices will direct comments to the Community Development Office. B. Amendments to the Citizen Participation Plan will be published in a newspaper of general circulation. The notice will identify a comment period of not less than 15 days. Comments will be directed to the Community Development Division. SECTION III. PUBLIC HEARINGS A. Public Hearings will be held to provide information on the different stages of the development process including: 1. identifying housing and community development needs 2. reviewing proposed use of funds reviewing program performance Page 71 B. The minimum notification for any public hearing will be seven days calendar days. In most instances, notification of the hearing will take place at least 15 days before the hearing date. Notifications will be run in advertising form in a newspaper of general circulation. C. Hearings will be held in various locations throughout the City. All public hearings will be held in census tracts where at least 51% of residents are low and moderate income. 1. All locations will be accessible to persons with disabilities. 2. At least one public hearing annually will be held in a neighborhood that is predominantly minority. D. Translation services will be provided upon request or if it is likely that non-English- speaking persons will be present. E. At least one public hearing will be held prior to submission of an application for Section 108 Loan Guarantee funds. The hearing may be held in conjunction with a general public hearing on the Consolidated Plan but will be scheduled as a separate agenda item. SECTION IV. OPPORTUNITIES FOR COMMENT ON THE CONSOLIDATED PLAN A. The following Consolidated Plan information is made available to citizens before final approval of the Plan. 1. The amount of assistance expected to be available to the jurisdiction for community development activities. 2. A list of the activities proposed to be included in the Consolidated Plan for the coming fiscal year. 3. An estimate of the amount of funding that will benefit low and moderate-income persons. B. The Consolidated Plan will be made available to the public for review and comment. 1. A summary of the Consolidated Plan will be published in advertising form in a newspaper of general circulation. Additional notices of the Plan's availability will be advertised on the local cable television network and local radio broadcasting stations. 2. The summary and additional notices will include information on the thirty-day comment period including dates of the comment period, plan locations and where to direct comments and questions. 3. Locations where the Consolidated Plan will be made available for citizen review may include: city hall, local libraries, recreation centers, churches and other public facilities. All locations will be in areas where at least 51% of the residents are low to moderate income. There will be at least three locations available for Page 72 plan review. The Consolidated Plan will also be available for review on a citizen computer disk. 4. All Consolidated Plan review locations will be accessible to persons with disabilities. 5. All comments will be considered and a summary of comments will be included in the Plan and reasons for non-acceptance. C. Any substantial change to the activities described in the Consolidated Plan will require a formal amendment approved by City Council. Substantial changes include the following: 1. Any transfer of funds over 10% of the total grant allocation for the fiscal year in which the activity was funded. 2. Cancellation of a planned activity. 3. Addition of a new activity not previously proposed for public review. 4. Change in the primary purpose or scope of an activity, such as a change in intended beneficiaries or organizational support. 5. Any increase or decrease in a proposed allocation (HUD grant) that is over 1% of the total allocation for the fiscal year. Amendments will be published in a newspaper of general circulation at least 30 days before a request for city council approval. All comments received will be provided to city council. SECTION V. PERFORMANCE REPORTS A comment period of at least 15 calendar days will be provided before submission of any performance reports to the US Department of Housing and Urban Development. A notice will be run in advertising form in a paper of general circulation. The advertisement will advise citizens of the availability of the performance report. The notice will also say that the Community Development Division will accept comments for the 15-day period. A summary of all comments received will be attached to the performance report. SECTION VI. TECHNICAL ASSISTANCE A. Technical assistance will be provided to all persons who wish to develop a proposal for Community Development Block Grant and/or HOME funds. All advertisements will indicate that technical assistance in preparing proposals is available. Citizens will also be informed at the public hearings that technical assistance is available. They will be provided with information that includes the address and phone number of the Community Development Division. Page 73 B. Any proposal requiring technical assistance from other departments will be forwarded to that department by Community Development staff. Proponents of the proposal will also be given a key contact within the department as liaison on the request. A proposal will be developed and submitted to either the Community Development Advisory Committee or the Human Services Advisory Committee for review and recommendations. SECTION VII. MEETINGS All Community Development Advisory Committee, Human Services Advisory Committee and any City Council meetings where discussion of Consolidated Plan activities will take place will be subject to a 72-hour notification requirement. The City Secretary will post notice of meetings at least 72 hours before the scheduled session. SECTION VIII. ACCESS TO RECORDS Citizens may request access to any non-confidential records regarding Consolidated Plan activities. At a minimum, information from the preceding five years will be made available. The information is available from the Community Development Division. Office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. Special arrangements may be made for individuals who are not able to visit the Community Development Division during regular office hours. Charges for copies will be based on current City of Denton policies under the Open Records Act. SECTION IX. DISPLACEMENT No activities will result in involuntary displacement of persons. However, should such displacement occur, the City of Denton will follow the procedures described in the Residential Anti-Displacement and Relocation Assistance Plan. SECTION X. COMPLAINT PROCEDURE Any citizen or group who wishes to file a complaint concerning any aspect of the Community Development program may contact the Community Development Division, at 101 S Locust Street, Suite 500, Denton, Texas, 76201, phone - 940349.7726. Complaints may be in writing or made verbally to any member of the Community Development staff. Staff may request that verbal comments be repeated for clarification. Responses to each complaint will be determined within 15 days of receipt of the complaint. Complaints received verbally may receive a verbal response over the telephone or a meeting may be set up to discuss the complaint and the response. Documentation of the call or the meeting will be placed in the appropriate project or general file. Some verbal complaints may receive written responses. These and all written responses to written complaints will be completed and mailed within 15 days from the receipt of the written complaint. Page 74 APPENDIX C Page 75 APPENDIX D CITY OF DENTON BUILDING INSPECTIONS 221 N ELM STREET DENTON, TEXAS 76201 940-349-8360 PHONE PERMIT AND FEE SCHEDULE (Effective October 1, 2009) Table of Contents: Table 1 - Permit Fees for 1 & 2 Family Dwellings Table 12 - Water Tap & Meter Fees Table 2 - Permit Fees for Multi-Family Dwellings Table 13 - Water Tap Fees Table 3 - New Commercial Building Permit Fees Table 14 - Wastewater Tap Fees Table 4 - Electrical Permit Fees Table 15 -Water Impact Fees Table 5 - Mechanical Permit Fees (Lots Platted before 1998 & after 2008) Table 6 - Plumbing Permit Fees Table 16 - Wastewater Impact Fees Table 7 - Miscellaneous Fees (Lots Platted before 1998 & after 2008) Table 8 - Additions/Alterations/Fire Damage Table 17 - Water & WW Impact Fees Table 9 - Sign Permit Fees (Lots Platted between 1998 - 2003) Table 10 - Consumer Health Permit Fees Table 18 - Water & WW Impact Fees Table 11 - Engineering Inspection & Parking Lot Fees (Lots Platted between 2003-2008) Table I Permit Fees for I & 2 FandIN Dii ellinas Type Permit Fee Revenue Code 1. Permit Fee $0.40 / SF, $450 Min. & $1,400 Max. 4116 PB 2. Plan RevieNv Fee $60.00 4474 PV 3. Temporary Power Pole $15.00 5068 MU 4. Temporary Utilities Fee $35.00 4138 PM 5. Fence Permit $35.00 4128 PF 6. Park Development Fee $291.00 9160.4470 Table 2 Permit Fees for Multi Family Dwellings Type Permit Fee Revenue Code 1. Permit Fee $0.18 / SF 4116 PB 2. Plan RevieNv Fee 50% of Permit 4474 PV Page 76 Table 3 New Commercial Building Permit Fees Total Valuation Fee Revenue Code 1. $1 to $100,000.00 $411.00 for the first $50,000.00 4116 PB plus $3.00 for each additional $1000.00 or fraction thereof 2. $100,000.01 to $500,000.00 $561.00 for the first $100,000.00 4116 PB plus $2.00 for each additional $1000.00 or fraction thereof 3. $500,000.01 to $1,000,000.00 $1361.00 for the first 4116 PB $500,000.00 plus $5.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 4. $1,000,000.01 and up $5141.00 for the first 4116 PB $1,000,000.00 plus $3.25 for each additional $1,000.00 or fraction thereof 5. Reserved Reserved 6. Reserved Reserved 7. Reserved Reserved 8. Reserved Reserved *Building Valuation Data shall be based on the most current Building Safety Magazine, year-end issue as published by the International Code Council. 9. Inspections outside of normal $40.00 per hour/Min. 2 hours 4116 PB business hours (Min. Fee $80.00) 10. Plan Review Fee 50% of the Building Permit Fee 4474 PV (Min. fee $60.00) 11. For the use of outside Actual Cost 4474 PV consultants for plan checking and inspections or both Table 4 Electrical Permit Fees Type Permit Fee Revenue Code 1. Minimum Fee $0.02 per SF, $35.00 Min. 4424 PE Table 5 Mechanical Permit Fees Type Permit Fee Revenue Code 1. Minimum Fee $0.02 per SF, $35.00 Min. 4130 ME Table 6 Plumbing Permit Fees Type Permit Fee Revenue Code 1. Minimum Fee $0.02 per SF, $35.00 Min. 4426 PP 2. Lawn Sprinkler System $95.00 4426 PP Table 7 Miscellaneous Fees Type Permit Fee Revenue Code 1. Curb Cut Permit $51.00 4120 EX 2. Fence Permit $35.00 4128 PF 3. Temporan- Gas/Electric $35.00 4138 PM Page 77 4. Certificate of Occupancy $95.00 4132 CT 5. Construction Trailer (temporary) $50.00 4116 PB 6. House Moving Permit $95.00 4110 MV 7. Residential Demolition Permit $95.00 4112 DM 8. Commercial Demolition Permit $95.00 4112 DM 9. Spa/Hot Tub $75.00 4114 PT 10. Pool $275.00 4114 PT 11. Re-inspection Fee $40.00 4422 FR 12. Variance Filing Fee $150.00 4134 ZV 13. Landscape Fee $50.00 4136 PL 14. Mobile Home Park License $205.00 + $4.10 per stand 4122 MH 15. Electrical Contractor License $75.00 4118 EP 16. Plumbing Contractor License $75.00 4118 EP 17. Irrigation Contractor License $75.00 4118 EP * 18. General Contractor License $75.00 4118 EP * General Contractor includes all of the following: General Contractor, Home Builder, Concrete Contractor, Pool Contractor, Fencing Contractor (During initial registration, the license holder must be present.) Table 8 Additions/Alterations/Fire Dama e Type Min. Fee Permit Fee Plan Review Fee Revenue Code 1. 1 & 2 Family $35.00 $0.14 per sq ft $60.00 4116 PB Dwellings 2. Triplex & Townhouse $35.00 $0.17 per sq ft $60.00 4116 PB 3. Multi-Family (4 units $35.00 $0.17 per sq ft 50% of Permit, 4116 PB & above) Min. $60.00 4. Commercial Buildings $35.00 $0.17 per sq ft 50% of Permit, 4116 PB Min. $60.00 Table 9 Sign Permit Fees Type Permit Fee Revenue Code 1. Sin Contractor License $75.00 4124 PS 2. Off Premise signs on State Highways: Annual Review $100.00 4124 PS All Other Sign Permits 3. 0-60 sq ft $35.00 4124 PS 4. 60-120 sq ft $55.00 4124 PS 5. 120-250 sq ft $75.00 4124 PS 6. >250 sq ft $110.00 4124 PS 7. Wind Device Permits $95.00 4124 PS 8. Special Exception Petition $250.00 per request 4124 PS 9. Sign Variance Petition $250.00 per variance 4124 PS 10. Sign Appeal Petition $250.00 per appeal 4124 PS 11. Special Sign District $225.00 4124 PS 12. Sign Installed Without Permit Scheduled Fee Doubled 4124 PS Page 78 Table 10 Consumer Health Permit Fees Type o Establishment Permit Fee Revenue Code 1. Food Handler Permit $1.00 4102 HC 2. Beer & Wine Permits $2.00 processing Fee (new apps) $87.0 on-premise $30.00 off-premise $12.00 late night permit fee $7.00 beer only 4146 BW Commercial Pools 3. Pool Managers Certification $0.00 4418S2 4. Pool Application Fee $20.00 5. Pool Re-inspection Fee $80.00 Restaurant 6. X2000 sq ft GFA $310.00 4414 H1 7. >2000 sq ft GFA $48.00 4414 H1 Grocerv Store 8. X12,000 sq ft GFA $32.00 4414 H1 9. >12,000 sq ft GFA $40.00 4414 H1 10. Convenience Store without deli $20.00 4414 H1 11. Convenience Store with deli $300.00 4414 H1 12. Concession Stand, snow- cone stand or similar structure $17.00 4414 H1 13. Daycare $10.00 + $1.00 per child 4414 H1 14. Nursing Homes + all others $27.00 4414 H1 15. Seasonal Permit Fee $7.00 4414 H1 16. Temporary Permit $20.00 4414 H1 17. Application fee for new establishment $20.00 4414 H1 18. Bar $20.00 4414 H1 Table 11 Engineering Ins ection and Parldn Lot Fees Inspection Type Inspection Fees Revenue Code 1. Initial Plan Review $1,300.00 2080.4470 2. Fee after 2nd Re-submittal $00.00 2080.4470 3. Clearing & Grading Permit Review $30.00 2080.4470 4. Clearing & Grading Planning review $100.00 1000.4474 PV 5. Repairs of Construction in Right-of-Way $7.00 per hour 6300.5150.0005 6. Overtime (after 5:00 pm on weekdays & weekends) $10.00 per hour 6300.5150.0003 Parldn Lot Permit Permit Fees Revenue Code 7. 1-50 spaces $40.00 6300.5150.0002 8. 5 1-100 spaces $720.00 6300.5150.0002 9. 101-250 spaces $900.00 6300.5150.0002 10. 251-500 spaces $1,080.00 6300.5150.0002 Fees for Appeals and Variances to Traffic Safety Commission 11. Fee Per Appeal/Variance $300.00 Page 79 Table 12 Water Tap & Meter Fees Application: This schedule applies to the installation, removal or relocation of water taps and meters by the City of Denton Utility Department at the request of a person, firm, association or corporation. Tap and Meter Fees: An-,- person, association of persons, or corporation that requests a water main tap, water meter or water meter loop, be removed, installed or relocated bv_ the Utility Department shall pay in advance to the Utility Department the following applicable fees: Water Taps with Meter: Size o Tap & Meter Paved Street Un aved Street Revenue Code '/4 inch $1,600.00 $60.00 5104 TW 1 inch $1,700.00 $70.00 5104 TW 1 '/2 inch $2,200.00 $1,200.00 5104TW 2 inch $2,00.00 $1,00.00 104 TW Water Meter Fees: Size o Meter Meter Fees Revenue Code 3/4 inch $30.00 104 TW 1 inch $37.00 5104 TW 1 '/2 inch $670.00 104 TW 2 inch $680.00 104 TW Water Meter Relocations: Size o Meter Relocation o 10 Feet or Less Revenue code 3/4 inch $28.00 104 TW 1 inch $28.00 104 TW 1 '/2 inch $340.00 104 TW 2 inch $390.00 104 TW Fire Hvdrant Installation Fees: Paved Street Unpaved Street Revenue Code Installation Fee $5,030.00 $3,08.00 104 TW Table 13 Water Line Taps Size o Tap Paved Street Un aved Street Revenue Code 4 inch $2,900.00 $1,70.00 5104 TW 6 inch $3,100.00 $2,000.00 5104 TW 8 inch $4,100.00 $3,000.00 5104 TW 12 inch $5,100.00 $4,000.00 104 TW Table 14 Wastewater Taps with Cleanout Fees Size o Tap Paved Street Un aved Street Revenue Code 4 inch $2,000.00 $1,410.00 5206 TS 6 inch $2,110.00 $1,70.00 5206 TS 8 inch $2,220.00 $1,730.00 5206 TS 10 inch $2,380.00 $1,86.00 5206 TS Manhole Breakout Fee 6" - 12" Line $16.00 5206 TS Page 80 Water and Wastewater Impact Fee Schedule "Effective August 1, 2008" Table of Contents: Section 1: Property Platted before September 15, 1998, or after July 31, 2008 Section 2: Property Platted September 15, 1998 - May 28, 2003 Section 3: Property Platted May 29, 2003 - July 31, 2008 * * * For meters larger than 2", please contact the Water Utility Department For platted property located in Zone 1 that is for a single family residence of 1,300 square feet or less and located on a lot of 6,000 square feet or less, the water and wastewater impact fees will be 0.50 SFEs of the adopted fees for Zone 1 for a 5/8" x 3/4" water meter. Please refer to the Water Utilities Impact Fee web page for a reference map of Water and Wastewater Service Area Impact Fee Zones 1 and 2. Apartment projects will be assessed based upon 0.26 SFEs per bedroom. Section 1: Property Platted before September 15, 1998, or after July 31, 2008 For a new development for which a final plat recordation occurred before September 15, 1998, or after July 31, 2008, impact fees for water and wastewater can be calculated according to Table 15 (Water) and Table 16 (Wastewater) below. Table 15: Water Impact Fees (Plats before Sept. 15, 1998, or after July 31, 2008) Zone 1 Zone 2 Water Meter Size SFEs per Meter Net Cost per SITE Net Cost per Meter Net Cost per SITE Net Cost per Meter 5/8" X 3/4" 1* $3,400.00 $3,400.00 $4,000.00 $4,000.00 1" 2.5 $3,400.00 $8,500.00 $4,000.00 $10,000.00 11/2" 5 $3,400.00 $1'7,000.00 $4,000.00 $20,000.00 2" 8 $3,400.00 $2'7,200.00 $4,000.00 $32,0000.00 Table 16: Wastewater Impact Fees (Plats before Sept. 15, 1998, or after July 31, 2008) Zone 1 Zone 2 Water Meter Size SFEs per Meter Net Cost per SITE Net Cost per Meter Net Cost per SITE Net Cost per Meter 5/8" X 3/4" 1* $1,'700.00 $1,'700.00 $1,'760.00 $1,'760.00 1" 2.5 $1,'700.00 $4,250.00 $1,'760.00 $4,400.00 11/2" 5 $1,'700.00 $8,500.00 $1,'760.00 $8,800.00 2" 8 $1,'700.00 $13,600.00 $1,'760.00 $14,080.00 Page 81 Section 2: Water and Wastewater Impact Fees (Plats September 1-,-), 1998 - May 28, 2003) For a new development for which final plat recordation occurred on or after September 15, 1998, but before Ma-,- 29, 2003, and for which no new service units have been added, impact fees for water and Zone 1 wastewater can be calculated according to Table 17 below: Table 17: Water and Wastewater Impact Fees - Zone 1 (Plats September 15, 1998 - May 28, 2003) Water SFEs per Net Cost per SFE Net Cost per Meter Meter Size Meter Water Wastewater Water Wastewater 5/8" X 3/4" 1* $2,044.00 $483.00 $2,044.00 $483.00 F 2.5 $2,044.00 $483.00 $5,110.00 $1,20'7.50 11/2" 5 $2,044.00 $483.00 $10,220.00 $2,415.00 2" 8 $2,044.00 $483.00 $16,352.00 $3,864.00 Section 3: Water and Wastewater Impact Fees (Plats May 29, 2003 - July 31, 2008, Zone 1 Only) For a new development in Zone 1 for which final plat recordation occurred May 29, 2003, through Jule 31, 2008, and for which no new service units have been added, the impact fees per service unit for water and wastewater can be calculated according to Table 18 below: Table 18: Water and Wastewater Impact Fees - Zone 1 (Plats May 29, 2003 - July 31, 2008) Water SFEs per Net Cost per SFE Net Cost per Meter Meter Size Meter Water Wastewater Water Wastewater 5/8" X 3/4" 1* $3,155.00 $1,'703.00 $3,155.00 $1,'703.00 F 2.5 $3,155.00 $1,'703.00 $'7,88'7.00 $4,25'7.50 11/2 5 $3,155.00 $1,'703.00 $15,775.00 $8,515.00 2" 8 $3,155.00 $1,'703.00 $25,240.00 $13,624.00 Page 82 W ^W ~I 0 4- Z o o bn ~ c o C~ y 'O LC r.Y C U ~ O ~ ~ M 00 4.., 'L• ~L' 'Z U~ O Z Z N Z Z v J v LI) C b~ V ~ V LI) W O V) W Z, ...~yyy1 tn 00 O H ~p 0 N N N • ~ o O O ~ C ~ ' v'~ N \O M l~ 01 01 M M M N y ~ U GJ r. O ~ O ~ O O ~ w CC ~ ~o 4-0 ~ U CC U ~ C". SU. CC ~ CC U ~ is ~ ~ ~ ~ y U p eC ~ \O \O \O \O \O U Z p o0 00 00 00 00 00 r~ w x ~ ~x a~ CC CC O S. d O v M ~ oc W') U O M M y ~ l~ 01 r-i ~j O dl O o0 0o a a SY 4. O O N ~ ~n l~ O~ U O O O O O O V A N N N N N N M 00 bA APPENDIX F GLOSSARY Affordable Housing: Affordable housing is generally defined as housing where the occupant is paying no more than 30% of gross income for housing costs. CDAC: Community Development Advisory Committee. Cost Burden: The extent to which gross housing costs, including utility income, exceed 30% of gross include, based on data available from the U. S. Census Bureau. Community Development Block Grant (CDBG): An annual grant of federal dollars to the City of Denton from the U.D. Dept. of Housing and Urban Development. The funds are spend on activities benefiting low and moderate income persons. Continuum of Care: A comprehensive system for moving individuals and families from homeless to permanent housing by providing services (e.g., job training, counseling, budget counseling, education, etc.) DAHC: Denton Affordable Housing Corporation. DCHC: Denton County Homeless Coalition DCHFC: Denton County Housing Finance Corporation. Denton Development Plan: Plan adopted in 1999 that incorporates land use policies particularly applicable to affordable and supportive housing. DHA: Denton Housing Authority. Elderly: A person who is at least 62 years of age. Emergency Shelter: Any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of the homeless. Emergency Shelter Grant (ESG): HUD provides funds to improve the quality of emergency shelter, to help make available emergency shelter, and to help meet operating costs and costs of essential social services to homeless individuals. Extremely low-income family: Family whose income is between 0 and 30% of the median income for the area, as determined by HUD. Page 84 Federal Emergency Management Agency (FEMA): Administers funds to local emergency service organization for responses to emergency situations. FHLB: Federal Home Loan Bank of Dallas Frail Elderly: An elderly person (62+) who is unable to perform at least three activities of daily living, such as eating, dressing, bathing, grooming or household management. Gap Financing: Available under the City's Homebuyer Assistance Program and DAHC's Affordable Housing Opportunity Program to lower the interest rate or provide additional down payment assistance to purchase a home. HOME Investment Partnership Program (HOME): An annual grant from the U. S. Dept. of Housing and Urban Development that provides funds for affordable housing projects/programs. Homeless Person: Unaccompanied person 17 years of age or younger who is living in situations described by terms "sheltered" or "unsheltered". Housing Problems: Households with housing problems including physical defects, overcrowding and cost burden. Overcrowding is a housing unit containing more than one person per room. HMIS: Homeless Management Information System. HSAC: Human Services Advisory Committee. HTC: Housing Tax Credit (formerly Low Income Housing Tax Credit HUD: U. S. Department of Housing and Urban Development. Jurisdiction: A state or unit of general local government. Lead-based paint hazard: Any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate federal agency. LIHEAP: Low Income Housing Energy Assistance Program Low Income: Households whose income is below 80% of the area median income. This is referred to as moderate income in the CDBG program). MFE: Multi-family equivalent unit. Middle Income: Households whose income is between 80% and 95% of the median income for the areas. Page 85 MLS: Multiple Listing Service Other Low Income: Households whose income is between 51% and 80% of the area median income. This income level is referred to as moderate income level in the CDBG program. Section 8 Program: The program provides rental assistance. Those who receive the assistance pay no more than 30% of their gross monthly income for rent. Self-Sufficiency: A program designed to provide support services to enable participating families to achieve economic independence and self-sufficiency. Severe Cost Burden: The extent to which gross housing costs, including utility, exceed 50% of gross income. TBRA: Tenant Based Rental Assistance TDHCA: Texas Department of Housing and Community Affairs SFE: Single-family equivalent unit. Very Low Income: Households whose income is between 31% and 50% of the area median income. Page 86 APPENDIX G City of Denton 2010-2014 Consolidated Plan for Housing & Community Development Focus Group Comments Focus groups included the Denton County Homeless Coalition, Denton Information Network, and the Geriatric Services Workgroup. Each focus group discussed three questions: 1) What do you see as the most significant human service issues or problem facing residents of the City of Denton? 2) What do you see as the top three most significant unmet needs in the City of Denton? 3) What challenges or barriers do you think City of Denton residents and organizations will face in trying to meet future housing, health, and human service needs? Homeless Coalition Responses, 12/02/09: 1) Financial illiteracy, substance (alcohol & drug) abuse, health care, juvenile pregnancy, residing unemployment/underemployment, transitional housing w/supportive services, long-term shelter with services including SROs, transportation, mental health and housing for L/M persons, domestic violence, affordable housing, community education regarding needs, improvement of information and referral services. 2) Three most significant: a. Housing & mental health services for L/M b. Health Care c. Longer term shelter including SROs 3) NEMBY, County involvement, organizational capacity (paperwork, time, staff, $'s) Denton Information Network Responses, 12/03/09 1) Transitional shelter, utility assistance, substance abuse prevention, access to and affordability of prescriptions, health and mental health care for low income persons, transportation, affordable housing and utilities. 2) Three most significant: a. Transitional shelter b. Health and mental health care for low-income persons c. Affordable housing and utilities 3) Funding, NIMBY, inadequate transportation, politics (need community education). Page 87 Geriatric Services Workgroup Responses 3/12/10: 1) Improved public transit coverage, improved accessibility at bus stops, housing improvements to support aging in place, affordable assisted living, senior meals, senior pet care, improved emergency response capabilities, planning and community education designed to support senior residency, improved information and referral services, outreach and case management. 2) Three most significant: a. Improved public transit coverage b. Affordable assisted living c. Information and referral, outreach and case management services 3) Lack of regional planning, funding, lack of efficient and effective use of funding, lack of volunteers, lack of trust, lack of cultural competence (need to educate communities and community leaders). Page 88 APPENDIX H CITY OF DENTON 2010 FAIR HOUSING PLAN AND ANALYSIS OF IMPEDIMENTS TO HOUSING CHOICE OPPORTUNITY Page 89 Prepared By: Community Development Division Table of Contents Page L Introduction 3 IL Housing Market and Demographic Factors 4-6 III. Community Development Activities 7-9 A. Analysis 1. Housing Programs 2. Human Services Activities I Public Facilities and Infrastructure Improvements 4. Demolition and Clearance B. Proposed Actions IV. Fair Housing Activities 9 A. Analysis B. Proposed Activities V. Fair Housing Complaints 9-10 A. Analysis B. Proposed Activities VI. Lending Practices 10-11 A. Analysis B. Proposed Activities VII. Development Policies 12-15 A. Analysis B. Proposed Activities VIII. Conclusion 16 IX. Certification 17 Page 90 INTRODUCTION The City of Denton is committed to affirmatively furthering fair housing for all persons. As part of the community's goal to assure every individual the right to safe, decent and sanitary housing, an analysis of impediments to fair housing has been carried out using 2000 census information and data from other studies. Elements of the City's Fair Housing Plan include the following: • Completion of an analysis to identify impediments to fair housing choice; • Development of programs, policies and activities designed to overcome the effects of any identified impediments; • Implementation of plan; • Maintenance of records reflecting activities designed to affirmatively further fair housing. The City of Denton's Fair Housing Plan is divided into six (6) areas. Each area has been reviewed to determine what impediments might exist and what actions should be taken to ameliorate these conditions. The following is a list of those areas: 1. Housing Market and Demographic Factors 2. Community Development Activities 3. Fair Housing Activities 4. Fair Housing Complaint Process 5. Local Lender Activities 6. Development Policies Pages two through four of the City's draft 2010 Consolidated Plan provides information on the efforts that were taken to gain input from citizens and organizations regarding housing needs and other needs in Denton. Information obtained from these efforts was used to develop the strategies in the Consolidated Plan and assisted Community Development staff in making a determination as to the impediments to fair housing that may exist in the Denton community. Please refer to these pages for information on community input. HOUSING MARKET AND DEMOGRAPHIC FACTORS Page 91 ANALYSIS Housing market supply factors from the 2000 Census indicate that housing in the City of Denton is more affordable and therefore easier for all populations to access, than any other area of the County. Denton and Sanger had the lowest median rents ($625 and $636 respectively); $100 less than Argyle with the next lowest rent and less than half the median rent charged in Highland Village ($1,276). Denton had the largest share of renter occupied housing units (58%), 12 percentage points higher than Lewisville with the second highest share. In Carrollton, Sanger and the remaining jurisdictions in the County, approximately one-third of the households are renter. Argyle, Corinth, Flower Mound and Highland Village each have less than 10% renter households. According to the Census, Denton also has the third lowest median housing value in the County ($98,600), just ahead of The Colony ($95,700) and $27,000 higher than Sanger. Argyle had the highest housing value at $236,800; almost double the County ($127,000). Flower Mound and Highland Village also had home values significantly higher than the County at more than $180,000. In 2006, 49% of Denton's housing units were renter occupied, lower than the $58% reported in the 2000 census. This downward trend is most likely due to the number of single family units built in Denton since 2000. Of the single family units in Denton, 79% are owner-occupied as compared to only 2% of multi-family units. Denton's median rent in 2006 was $707; a 13% increase over 2000, but less than the $15.4% inflation rate over the same period. Median home values increased at over twice the inflation rate in Denton, rising 31%. These factors indicate that there appears to be more affordable housing in Denton than in most other areas of Denton County. Though "income level" is not a protected class under the Fair Housing statute, the presence of affordable housing is an indicator of a community's willingness to accept and promote a diverse population base. Below are two charts comparing Denton's 2006 cost of housing to the rest of the County: Rent Paid Less than $500 $500- $600 $600- $699 $700- $799 $800- $899 $900- $999 $1000 or more Median % Renter Occupied Denton County 11% 14% 16% 15%'l 1 32S% Balance ofCountv 4% 9% 11% 17% 17% 13% 28% $848 29% Housing Value Less than 80K $80- 99.OK $100- 124.9K $125- 149.9K $150- 199.9K $200- 249.9K $250K+ Median Denton County 7% 5% 11% 15% 24% 14% 24% $171.7nn Denton I 14"1. I~`) 14"1. BaLince of County b" o 3% 10% 15% 1511/0 15% 26% $177,800 Source (both charts): US Census Bureau, 2006 American Community Survey (American Fact Finder Web Site) Page 92 Extensive demographic information is included in the Consolidated Plan on pages 5 - 21. The information discussed in this section includes growth projections, racial and ethnic information, minority concentrations, housing stock, housing tenure and size of households. Below is a chart showing Denton's "Affordable Rental Housing Inventory". The chart indicates that several low income housing tax credit developments provide affordable housing to lower income households. It is important to note that, over the past several years, Denton has consistently had more than or has been very close to two times the State average of Housing Tax Credit (HTC) units per capita. One project entailed the demolition of an older low- income apartment complex managed by the Denton Housing Authority and construction of a new multi-family development to serve low and moderate-income renters. Affordable Rental HoiisingInventorv Organization Type of Assistance Fundin111 Source Number of Units Denton Housing Subsidized Authority units in City Section 8 1510 Country Park Affordable Apartments Family Units LIHTC 120 The Waterford at Affordable Spencer Oaks Family Units LIHTC 156 Rosemont at Affordable LIHTC 276 Pecan Creek Family Units Primrose at Affordable LIHTC 250 Sequoia Park Senior Units Pebblebrook Affordable LIHTC 250 Apartments Family Units Pecan Place Subsidized LIHTC; CDBG 24 (DHA) Senior Units Renaissance Affordable LIHTC & DHA Courts (DHA) Family Units private 150 Quail Creek Affordable North Family Units LIHTC 264 Providence Place Affordable II Senior and LIHTC 252 Subsidized Fairoaks Section 202 41 Senior Units Denton Units for Section 811; Affordable Disabled HOME; HTF; FHLB; 34 Denton Transitional FHLB; TDHCA; Affordable Housing Units HOME; Private 20 Denton Affordable Affordable Family Units Private 11 Page 93 Affordable Rental Hovs4ngInventorv Organization Type of Assistance Fundin~~ Source Number of Units TOTAL UNITS AND/OR SUBSIDIES AVAILABLE 3,358 *Number of vouchers available The following are specific references/information available in the draft of the City of Denton's 2010 Consolidated Plan related to population and housing characteristics: Population, Employment and Housing Characteristics Pages 5-21 Population Characteristics Housing Supply and Tenure Housing Affordability Affordable Housing Inventory Homeless & Special Needs Housing Housing Needs Assessment and Strategies 22 - 40 Rental Housing Owner-Occupied Housing Homeownership Special Needs Housing/Homeless and Continuum of Care Lead Paint Hazards Denton Housing Authority Pages The Denton Housing Authority provides Section 8 vouchers on a first-come, first-served basis. They currently have a waiting list and those households placing their name on the list have a three to four year wait before they are able to be considered for housing assistance. Below is a chart providing racial/ethnic information on the 2010 DHA Section 8 tenant households: Section 8 Voucher Households (January 2010) Race Ethnicity White Black American Indian/ Native American Asian Native Hawaiian Multi- Racial Hispanic Non- Hispanic 745 (42.1%) 938 (53%) 6 (.3%) 43 (2.4%) 5 (.3%) 34 (1.9%) 264 (15%) 1507 (85%) COMMUNITY DEVELOPMENT ACTIVITIES Page 94 ANALYSIS The draft 2010-2014 Consolidated Plan for Housing and Community Development, to be approved in June 2010, provides information on Denton's demographics and unmet community needs. Annual Action Plan activities are based upon the Consolidated Plan. Elected officials base decisions regarding activity funding on a multidimensional process that includes needs assessment, citizen input, committee review and discussion and final approval. The Consolidated Plan includes detailed data that is used to pinpoint areas of specific need in the community. Federal, State and local resources are then targeted to meet these needs. Community Development activities have, over the past several years, been targeted to the following areas: Housing programs: owner-occupied maintenance and renovation/rebuilding; homebuyer assistance; purchase/rehab/sale of moderately-priced units; special needs unit construction, Low Income Housing Tax Credit & other affordable rental developments; lead hazard control program. Human services activities: transitional housing; domestic violence shelter and services, child care for lower-income households, indigent health care, homeless services and services for households affected by AIDS. Public facility & infrastructure improvements: streets, drainage, park improvements, water and sewer improvements. These projects serve to revitalize low and moderate-income neighborhoods. Housing Programs Support for housing programs targeting low and moderate-income households has been the focus of Denton's CDBG and HOME programs since their inception. Housing rehabilitation was the first major program developed and this has been expanded to include reconstruction of severely substandard units and a minor repair program for units with problems that require immediate attention. The City also supports a homebuyer assistance program and staff has worked closely with local lenders and real estate professionals to make the program a success. An infill program has provided a limited number of new affordable housing on properties in developed areas. Perhaps one of the most successful activities has been the City's development of and support for the Denton Affordable Housing Corporation, the City's only certified Community Housing Development Organization. The City of Denton has also worked with the Denton Housing Authority and private developers participating in the State's Low Income Housing Tax Credit Program. As stated above, as early as 2005, Denton had more than two times the State average of tax credit units serving low to moderate-income renters. Page 95 Human (public) service activities are funded through both CDBG and the City's general fund. The City of Denton has been supporting and funding human services since the 1970's, before becoming a CDBG entitlement community in 1984. Funded activities include the following: o Domestic violence prevention and victim's services o Day care for low and moderate-income households o Nutrition and hygiene assistance for AIDS-impacted families o Transitional housing programs o Rent, utility and food assistance o Summer playground programs for youth in low-income neighborhoods o Health and dental care o Adult day care o Advocacy services for victims of child abuse These services are provided by local service organizations. Each organization funded with CDBG is subject to an annual risk assessment. Those organizations where the assessment indicates a "high" risk is present will be monitored. Each organization is monitored at least once every two to three years. Contracts require compliance with CDBG and other federal regulations. Quarterly reports detail financial and beneficiary information and provide progress reports regarding performance measures. A strong collaborative relationship exists between local service organizations, Denton County, the Denton Independent School District, the University of North Texas, Texas Woman's University and the City of Denton. As a result, programs are well-planned and targeted to meet specific needs identified in the community through the efforts of these organizations. A major collaborative effort entailed the development of the Denton County Homeless Coalition. The Coalition develops funding applications to assist in providing services to the homeless and potentially homeless throughout the County. The City of Denton has, over the past several years, been the entity that has officially applied for and administered funding for homeless activities throughout Denton County. The City of Denton provides this "pass through" service for the Denton County Homeless Coalition even though the administration funding under these grants is significantly less than the actual cost of managing the funding and monitoring the recipient agencies. A description of the City's human (public) services strategies and proposed activities is included under "Non-Housing Community Development" pages 43-45 of the Consolidated Plan. Public facilities and infrastructure improvements are carried out in low income areas. These include park, street, drainage and sewer improvements. CDBG funds spent in this manner revitalize low income neighborhoods and provide incentives for residents to maintain and improve their properties. These projects combined with housing construction, rehabilitation and reconstruction activities significantly improve the quality of life for those in these neighborhoods. Pages 47 and 48 of the Consolidated Plan provide additional information on strategies and goals for this activity. Demolition and clearance activities eliminate slum and blighting conditions throughout the City. Staff attempts to clear at least three to five properties on an annual basis. This activity can make lots available for new housing construction and promotes viable, attractive neighborhoods. Page 96 PROPOSED ACTIONS 1. Promote citizen participation in a process that includes discussions of fair housing issues to assist in development of each annual Action Plan. 2. Continuation of programs that support the preservation of existing affordable housing, the revitalization of low-income neighborhoods and the encouragement of homeownership for low and moderate-income homeowners. 3. Support diversity and the development of affordable housing in all Denton County communities and the North Central Texas area. FAIR HOUSING ACTIVITIES ANALYSIS Over the past several years, the major emphasis regarding fair housing activities in Denton has included the following: • Development and maintenance of affordable housing • Educational activities • Creation and support of a local community housing development organization (CHDO) • Complaint processing and/or referral • Accessing Additional Funding for Community Development Activities Additional efforts to support fair housing through the City's programs include translation of programmatic information and legal documents into Spanish and publication of a quarterly newsletter. Advertisements, published weekly in the local newspaper, the Denton Record- Chronicle, provide fair housing contact information. Also, the Community Development Division continues to work with local lenders and real estate professionals. Each annual "Consolidated Annual Performance and Evaluation Report" contains a section detailing the actions taken by the City of Denton to affirmatively further fair housing. FAIR HOUSING COMPLAINTS Page 97 ANALYSIS Fair housing calls and complaints, since 2005, were reviewed by the fair housing administrator. Most of the inquiries that were made, involved tenants who felt that needed repairs were not being made to their housing units. Residents with concerns that did not appear to involve fair housing issues were given information as to where they could find out more about tenant rights in Texas. The City of Denton has worked with the Civil Rights Division of the Texas Workforce Division to discuss issues and assist complainants. Letters along with a copy of the City's fair housing ordinance and information regarding how to file a complaint with the City and with HUD was provided to 15 individuals. Three complaints were filed. Two were processed by the Texas Workforce Commission and, after investigating the actions of the management of a local mobile home community, the City determined that no further action would be taken on one complaint. It has become apparent that the City of Denton does not have sufficient funding to support a position that could focus exclusively on fair housing and complaint processing. As a result, and in an attempt to ensure that residents have access to comprehensive fair housing services, the City's Fair Housing Ordinance was revised in 2009 to assist complainants in submitting the appropriate forms and information to the U.S. Department of Housing & Urban Development. PROPOSED ACTIONS 1. Educate the community regarding the revision of the City's Fair Housing Ordinance to ensure that complainants have the assistance needed to adequately resolve their issues. 2. Attend HUD-sponsored or other fair housing training when available to keep staff apprised of any recent changes to fair housing laws or requirements as they relate to Community Development programs. 3. Support training on the City's programs and Fair Housing for local real estate professionals, property owners and managers. 4. Continuation of housing programs designed to ensure that affordable, accessible housing is available in Denton. 5. Work with Building Inspections and the City's Code Enforcement Division to ensure that rental properties meet city codes to ensure health and safety for tenants. Provide information to personnel in both divisions regarding City programs that can assist owners and tenants in meeting some code issues. LENDING PRACTICES Page 98 ANALYSIS A comprehensive study to assess the compliance by Denton-area lenders with fair housing law and requirements has not been conducted. However, staff confirms that several local lenders appear committed to meeting community needs, especially in the area of affordable housing. The City of Denton and the Denton Affordable Housing Corporation have partnered with local lending institutions to assist low and moderate-income households. The following are some examples of the above-mentioned partnerships with lending institutions: 1) NorthStar Bank has partnered with the Community Development Division to obtain Federal Home Loan Bank funding. This funding is used to assist low and moderate-income homebuyers and homeowners through the City's existing programs. 2) Wells Fargo Bank has partnered with the Denton Affordable Housing Corporation providing development loans for several of their housing projects. 3) The Denton Area Teachers Credit Union (DATCU) and other local lenders participated in the Denton Housing Coalition. 4) Lenders have the opportunity to become "Participating Lenders" for the City's Homebuyer Assistance Program (HAP). At any time, the program usually has about twenty participating lenders. All participants have made a commitment to affirmatively market the HAP to low and moderate-income buyers. Based on experiences with local lenders by the Community Development Division and the Denton Affordable Housing Corporation, it does not appear that any neighborhoods are subject to "blacklisting" and that no specific groups of borrowers are being denied access to mortgage or home improvement loans. Unfortunately, at this point in time, it appears that lenders may have been too lenient in their lending practices, allowing households to purchase homes even without evidence of reasonable debt to income ratios. It is important to note that those households participating in the City of Denton homeownership program were required by the City to meet standard debt to income and loan to income ratios. PROPOSED ACTIONS 1. Maintain current relationships with local lenders to support community fair housing efforts. 2. Work with lenders to ensure that underwriting criteria and loan programs do not support the provision of mortgage loans to low-income households that are unprepared for homeownership and/or cannot maintain required mortgage payments. 3. Include lenders on list of those invited to participate in fair housing training, home fairs and other activities sponsored by the City's Community Development Division. Page 99 DEVELOPMENT POLICIES ANALYSIS B. Development policies adopted by the City of Denton are designed to encourage the production and preservation of affordable housing. There appear to be no overt barriers to the development of affordable housing in Denton. The City of Denton also actively promotes fair housing to ensure that affordable units are available to all. The following is a discussion of the relevant housing development and preservation policies. IV. LONG RANGE HOUSING POLICY AND LAND-USE CONTROLS The City's adopted land use policies are embodied in The Denton Plan 1999-2020 adopted by the Denton City Council on December 7, 1999. Much of the "Community" section of the plan is related to diverse and affordable housing. The Denton Development Plan stated that "Denton is a unique community whose diversity gives it strength. This uniqueness is a point of community pride, and it is the goal of The Denton Plan to ensure that growth, development and the use of community resources foster, encourage and promote the preservation of this vital quality." The Denton Plan was developed using extensive citizen involvement. The Plan sets up housing policies to be followed for the period from 1999 to 2020. Housing Policies in The Denton Plan include the following: • Alternative types of housing that respond to the differing economic and individual life- styles of Denton's citizens should be developed in all areas of the city to achieve balance and diversity. • Homes that vary in lot size, building size and cost may be permitted in new development. • Existing housing stock, particularly for affordable housing should be protected and preserved to avoid the loss of dwelling units that are unlikely to be replaced. • Incentives should be investigated to encourage infill housing construction, especially in conjunction with neighborhood revitalization plans. • Design and construction quality expectations should not be relaxed in order to meet affordable housing objectives. • City review and inspection fees should be reviewed to determine if changes could be made to ease affordable home construction costs. Such a program should be undertaken only if benefits are passed on to low and moderate-income homebuyers. • The range of housing types available for the specialized needs of the elderly, disabled, low-income, students, single-person or female-headed households should be acknowledged as part of a strategy to diversify the city's neighborhoods. • Areas where higher housing densities are allowed should be supported only after the availability of employment, commercial services, school, public utilities and facilities, and transit, pedestrian, and bicycle systems has been addressed. Page 100 E. Housing Diversity: These policies are designed to insure and "strongly encourage" a wide range of housing types. Adopted policy statements include the following: 4. Provide a wide range of housing types in such quantities city-wide and sector-wide that correspond to Denton citizens' financial capabilities and desires for differing lifestyles. 5. Emphasis should be given to the development of diversified housing in all sectors of the city, which also suggests that one housing type should not be concentrated in any one sector of the City. 6. Create codes and ordinances to promote and encourage the quality of smaller size housing. F. Housing Cost and City Regulations: Current trends in development standards have increasingly added requirements to encourage higher quality housing. These policies have resulted in higher housing costs by filtering costs to the developer and then to the new homeowner. The policy of the DDP is to reduce the cost of housing by encouraging growth in the low to moderate housing market. The following are adopted policy statements: 4. Allow greater flexibility in the siting of a house on a lot, requiring only a maximum building coverage, front yard requirement and fire separation. 5. Provide more flexible lot width and depth requirements as long as the minimum lot size is maintained. 6. Explore and implement housing development concepts such as town houses or semi- detached houses sharing a larger recreational and green space. G. Preservation of Existing Housing: The preservation of the existing housing stock is a priority. Following are statements designed to support the protection of older, often more affordable housing. 6. Modify codes to encourage remodeling of housing and redevelopment of neighborhoods by providing incentives in taxes and public facilities. This is not intended to provide incentives to individuals or to modify health and safety codes. 7. Code enforcement will have a priority in older neighborhoods. 8. Neighborhoods will be encouraged to interact with the Planning and Zoning Commission, City Council and other pertinent boards and City staff. 9. Special consideration shall be given for the protection of older residential neighborhoods which have benefited from Community Development Block Grant and other similar federal or state expenditures. 10. In reviewing zoning, subdivision, capital improvements and other proposals, existing neighborhoods will be given specific consideration to ensure stability. Compatible redevelopment is encouraged, including the priority expenditure of public funds over newly expanding areas. Specific review criteria will include: Upgrading or eliminating older deteriorating structures will be encouraged to the extent that it is judged positively for the overall neighborhood; Review criteria will consider the impact of proposed development in areas adjacent to or nearby existing older Page 101 neighborhoods. Proposed development in nearby neighborhoods should be judged by the same design and development standards that would be applied if the development was proposed in the existing neighborhood. H. Compact Growth: Developments occurring more than half a mile away from existing roads, water and sewer mains tend to incur higher public costs. The compact growth policy has been designed to incorporate future growth and development within close proximity to facilities including police, fire and recreation. The effect of the compact growth policy will be to reduce the per capita cost of infrastructure, therefore lowering the cost of development. V. POLICY IMPLEMENTATION Over the past several years, efforts to improve and expand existing programs supporting affordable housing have been very successful. The City of Denton has acted in accordance with its stated aforementioned policy to improve affordable and special needs housing. The following are some examples of the City's affordable housing policy implementation. D. Monetary support from the City's general fund for staff working with Federal grant programs, including CDBG and HOME. Specific programs administered by staff include the City's Homebuyers Assistance Program, Home Improvement Program and the Minor Repair Program. E. Continued monetary support provided to the City's only Community Housing Development Organization (CHDO), the Denton Affordable Housing Corporation. Recently, the DAHC was responsible for construction of an affordable green housing development. F. Provision of City general funds to provide impact fee grants to non-profit organizations developing affordable housing VI. REGULATORY FRAMEWORK - ZONING, BUILDING CODES, FEES AND CHARGES AND MINUMUM BUILDING STANDARDS E. Zoning district standards and the subdivision regulation process/standards are very liberal and highly supportive of development and maintenance of affordable housing. In February 2002, the City of Denton adopted the Denton Development Code, a document that unifies elements of zoning, subdivision regulation, environmental protection, site design standards, and other development regulations. The code is one of several implementation tools used to achieve land use and housing goals and strategies put forth in The Denton Plan. The zoning regulations contain seven residential districts. The regulations move away from minimum lot size zoning districts to maximum housing density per district allowing a flexibility of design to attract a wider market in housing product. The districts are based on the concept of neighborhoods that combine a mix of residential densities and housing types. Mixed-use structures are encouraged in many of the Page 102 districts allowing the development of retail or office on lower floors with multi- family residential above. The concepts behind the zoning districts strive to encourage a diversity of population and income levels, accessibility to employment, recreation, school and community uses, and connection to public transit. The mixed-use nature of these districts requires specific site development and design criteria, inter-subdivision consistency, vehicular accessibility, and walkability linking neighborhoods together. F. Construction codes allow for the renovation of existing, usually older and more affordable units. Under these codes, units would not have to bear the increased costs of new construction codes unless a health or safety issue is present. G. Lots which may not meet current area requirements are "grandfathered." H. The City of Denton building code requirements are reviewed by the Construction Appeals and Advisory Board. This board is a council-appointed citizen committee. Members are generally from the development community and are careful to ensure that adopted codes do not discourage development activities. Current building code requirements include: • 2006 International Building Code • 2006 International Residential Code • 2006 International Fuel Gas Code • 2006 International Energy Conservation Code • 2006 International Mechanical Code • 2006 International Plumbing Code • 2006 International Fire Code • 2005 National Electrical Code L Appendix D of the 2010-2014 Consolidated Plan provides a schedule of development and building fees. These fees have been compared to those of other cities in the Dallas-Fort Worth area and do not appear to be excessive. J. A tax rate comparison is included on page 55 of the Consolidated Plan. It shows that Denton, despite the significant amount of tax exempt properties in the community (Denton County facilities, University of North Texas and Texas Woman's University facilities, Denton ISD, and FEMA), is in the mid-range of tax rates for the area. PROPOSED ACTIONS Continue to work with the Denton Affordable Housing Corporation and other housing providers to increase the supply of affordable, mixed-income, non-segregated housing units in the Denton area. Page 103 2. Continue to work with the Denton County Homeless Coalition and local non-profit corporations in an attempt to provide emergency and transitional housing to the homeless and potentially homeless. Continue to seek out funding sources that can reduce the development fees for affordable housing. CONCLUSION The analysis of the five fair housing areas above has resulted in various conclusions regarding the City's attempts to affirmatively further fair housing. First, Community Development activities are carried out based on community needs as evidenced by input from citizens and general demographic data. Community Development activities are meeting housing needs in the community without regard to race, religion, ethnicity, gender, disability or family status. Second, fair housing activities will continue to concentrate on educating the community regarding fair housing issues. Third, the recent revision of the City's Fair Housing Ordinance will support stronger fair housing enforcement. Forth, it appears that local lenders are committed to meeting community needs through their participation in both the City's and the Denton Affordable Housing Corporation's programs and housing development activities. The final conclusion is that Denton has no overt barriers to fair housing. Denton has more affordable units than other Denton County jurisdiction. Efforts will be made to ensure that the community's affordable units remain in standard condition. Denton also has a strong non-profit sector that is working to ensure that all households in the area have access to housing, healthcare, jobs, etc. The City of Denton will work with surrounding communities and the North Central Texas Council of Governments to support fair housing in all North Texas communities. In accordance with the applicable statutes and the regulations governing the Consolidated Plan regulations, the City of Denton, as a grantee of the U. S. Department of Housing and Page 104 Urban Development, certifies that it will affirmatively further fair housing through the following activities: 1. The City of Denton has conducted an analysis of impediments to fair housing choice within the jurisdiction. 2. The City of Denton has taken appropriate actions to overcome the effects of any impediments identified through the analysis. 3. The City of Denton will maintain records reflecting that analysis. 4. The analysis will be updated as needed when the 2010 Consolidated Plan, the Denton Development Plan and local building and maintenance codes are revised and adopted. Signature of Authorized Official City Manager Title of Authorized Official Date Page 105 1 EXHIBIT 3 City of Denton DRAFT Action Plan fog Housing and Community Development 2010 Program Year Housing Public Improvements Park Facilities Human Services Prepared for the U. S. Dept. of Housing and Urban Development To be approved by Denton City Council on May 4, 2010 www.ciiyofdenton.com ADA/EOE/ADEA TABLE OF CONTENTS A. Executive Summary of Action Plan 1. Introduction ......................................1 2. Funding Summary ......................................2 3. Local Match ......................................4 4. Citizen Participation ......................................4 5. Amendments ......................................5 6. Evaluation of Past Performance ......................................5 B. Projects/Activities 1. Summary ......................................7 2. CDBG and HOME Proposed Projects ......................................8 3. Other Resources Available ....................................19 C. CP Strategies and Proposed Projects 1. Housing Strategies .........................20 2. Continuum of Care Strategies .........................21 3. Lead-Based Paint Strategies .........................23 4. Human Services Strategies .........................23 5. Infrastructure & Public Facilities Strategies .........................24 6. Demolition Strategies .........................25 7. Anti-Poverty & Economic Development Strategies .........................25 8. Barriers to Affordable Housing .........................25 D. Proposed Project Map ......................................................................................................27 E. Other Program Requirements 1. HOME - Forms of Investment ....................................28 2. Monitoring Standards and Procedures ....................................28 3. Public Housing Improvements ....................................29 4. Public Housing Resident Initiatives ....................................29 5. Institutional Structure ....................................29 6. Chronic Homelessness ....................................30 7. HOME - Minority Outreach Program ....................................31 F. Community Development Minutes 1. Minutes from Public Hearings ...................................................................................32 2. Community Development Advisory Committee Minutes ..........................................34 3. Human Services Advisorv Committee Minutes .........................................................46 4. 30-day Comment Period .............................................................................................66 G. Appendix 1. SF 424 Application for CDBG Grant .........................................................................68 2. SF 424 Application for HOME Grant ........................................................................69 3. Certifications for CDBG and HOME .........................................................................70 4. Table: Annual Housing Completion Goals ...............................................................78 EXECUTIVE SUMMARY INTRODUCTION This document serves as the City of Denton's 2010 Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs. In accordance with 24 CFR Part 91.220 of Title I of the Housing and Community Development Act of 1974, as amended, the City of Denton is required to submit a One-Year Action Plan to the U.S. Department of Housing and Urban Development. The plan outlines the specific projects and services that will be funded during the 2010 Program Year to address Denton's strategies stated in the 2010-2014 Consolidated Plan. for Housing and Community Development. The following five-year strategies were identified in 2005 year and are reaffirmed this year: ■ Housing Strategies: Assistance to Renters, Owners, and Homebuyers and the Production of Affordable Units; ■ Continuum of Care Strategies: Prevention Homelessness, Outreach and Assessment, Emergency Shelter, Transitional Housing and Transition to Permanent Housing and Independent Living, ■ Lead-Based Paint Strategies: Education and Reduction of Lead-Based Paint Hazardous to Owners and Homebuyers; ■ Human Services Strategies: Improve availability and accessibility of basic food, emergency shelter, transitional housing, services promoting strong, supportive relationships for families, and basic health care and mental health services. ■ Infrastructure Improvement Strategies: Improvements to Streets, Sidewalks and Water/Sewer lines, Drainage Improvements, Rehabilitation and Expansion of Public Facilities, Park Improvements and Demolition of Substandard Structures; ■ Anti-Poverty & Economic Development Strategy: Support Training and Employment Activities, Expand Education Opportunities, Support of Section 3 goals, and Support of Start-up and expansion industry. Page I FUNDING SUMMARY The City of Denton is currently an entitlement city for the Community Development Block Grant (CDBG) and a participating jurisdiction for the HOME Investment Partnership (HOME) Programs. SF-424 applications for CDBG and HOME are available in the appendix page 68 through 69. The table below shows the federal funding available from the U. S. Department of HUD for the 2010/11 program year. The table below also indicates the amount of CDBG and HOME funds that will benefit low and moderate income persons. FUNDING SUMMARY 2010/11 Program year U. S. Department of Housing and Urban Development CDBG HOME TOTAL Entitlement Grant $975,447 $578,028 $1,553,475 Reprogrammed Prior Years' Funds $155,000 $0 $ Estimated Program Income $14,000 $40,000 $54,000 Total Funding Sources from HUD $1,144,447 $618,028 $1,762,475 Benefit to Low & Moderate Income Persons $946,558 $556,226 $1,502,784 The City of Denton and subrecipients also receives many other federal, state, local and private funds during the 2010-11 Program Year to address priority needs and specific objectives identified in the City of Denton Consolidated Plan. A total of $10,464,831 in additional resources are proposed for the 2010/11 program year. A list of resources available to the City of Denton can be found on the next page and includes local, state and federal resources. 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(6 . - - - (6 . . - E (6 ' F o u o u o -0 o 0 0 0 0 0 0 0 0 L) 5 o 5 0 5 0 5 0 0 5 0 5 0 5 0 ca ca ca 5 o ca 5 o E O U N O N c cr. cr. c 2 E O M L) E 0 d N U L - -0 N C N O Q O O O O 0 U) a ca L N N E E O ` > U L cu U U 0 C Z E ca ca o U U LL c - c - a) Q c $ U U a) v N U Y .O (6 N N L 0 U O N 0 - N N O OL U Q J Q (n J E E E E O 0 L o _ 13) O Z d a Q ~5 W Z Q 2 2 c U a) Z Z > O in n c c _0 U o Q Y O a 'i O u O O 2 O O N in cu > M E L _ C C C C C C Q - . L in in L Q d O O Q E o O O O O O O 2 LL U M C Q C C C C C C O O ° L O O c6 N N ? U -111: 5 OL W o ~ = i n in i n o 0 6 o ~ ~ Q 0 0 0 ' _ w N E On C O C O C O C O C O C O L W - O N 6 N M (6 J M E O O O O O O E - -0 -0 y cu 0- Y Y cu O Q Q ca L 7L O O ca a) N a) N N a) N N a) O (6 J O o O O Z 0 0 U U 1 U U U U U U LL li li 2 2 C1 (n Q LJJ C~ G 0 w a r c c N w 0 LL N LJJ U 0 N W 0 LJJ N 0 CL 0 w a M K (z a LOCAL MATCH The HOME program requires a participating jurisdiction to provide a 25% match of the federal HOME funds. The City of Denton's local match for the HOME program is $124,057. The 25% match of federal HOME funds excludes administrative allowances of 10% and CHDO operating expenses. The City of Denton will provide the match from a variety of sources including the following: 1. Federal Home Loan Bank funds awarded to the City of Denton and the Denton Affordable Housing Corporation (DAHC) for home ownership assistance and home improvement. 2. Denton County Housing Finance Corporation and other non-federal funding awarded to Denton Affordable Housing Corporation and City of Denton. 3. City of Denton Impact Fee Grant Awards used to pay required impact fees on HOME eligible projects. CITIZEN PARTICIPATION To ensure citizen participation in the 2010 Action Plan process including the 2010 substantial amendment to the 2008 & 2004 Action Plan, the city followed its Citizen Participation Plan at all stages of the plan and amendment. ,rd Public hearings were held December _3 and 7th, 2009. The December 3rd public hearing was held in Spanish. The public hearings updated citizens on the status of current programs and activities and asked the citizens how they felt the 2010 funds should be spent. Both of the public hearings were held within a low and moderate-income neighborhood. See page 32 for minutes of both public hearings. Information on the public hearings was included in the Community Development Quarterly Newsletter. The Community Development Quarterly Newsletter is was mailed or e-mailed to neighborhood associations; recreation centers and libraries; service agencies and beneficiaries; city council, Human Services Committee (HSC) and Community Development Advisory Committee (CDAC) members; churches; applicants; contractors; participating lenders; Realtors; employees; citizens who attended previous public hearings; and interested citizens. The newsletter which is in Spanish and English is available for pickup or viewing at all recreation centers, libraries, and the City of Denton's website. A notice was also placed in the Denton Record-Chronicle. After the Action Plan was drafted, advertisements were placed in the Denton Record-Chronicle summarizing the plan and announcing to the public where the Action Plan would be available for review, and the process for submitting comments to the City of Denton. The draft Action Plan was available at the Community Development Department and on the City of Denton's web page. The advertisements also included information on the upcoming public hearing. An ad was also placed in the quarterly Community Development Newsletter. All comments received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. Comments received during the 30-day comment period will be included in the Action Plan. Page 4 To ensure citizen participation at all stages of the 2010 Action Plan process, a public hearing will be scheduled on April 20, 2010 during a City Council Meeting to give citizens the opportunity to comment on the 2010 proposed projects and activities. Seepage 32 for minutes of the public hearing. AMENDMENTS The City of Denton is amending the 2004 Action Plan and 2008 Action Plan to reallocate $155,000 from two cancelled projects to existing programs. In 2004 CDBG funds were allocated to a rental rehabilitation program and have not been expended. In 2008 $116,000 was allocated to the Fairhaven roof project. Fairhaven no longer serves low-income seniors. These amendments will allow this funding to be reallocated to other projects and/or programs. The City of Denton is also amending the 2006 and 2007 Action Plans to reallocate funding from the Denton Affordable Housing Corporation's (DAHC) Affordable Housing Opportunity Program to rehabilitate affordable rental housing units owned by DAHC. EVALUATION OF PAST PERFORMANCE It is evident from the information on performance outcomes in the 2007-08 CAPER that the City of Denton has made progress toward meeting the stated five-year Consolidated Plan goals. Even though the expected level of fielding has not been received, Denton continues to make progress toward meeting goals outlined in the 2005-2009 Consolidated Plan for Housing and Community Development. However, it is important for City staff, residents, and HUD officials to understand that lower than expected fielding levels have caused a reduction in the level of service and number of units previously expected to be assisted. This has required more efficient use of available fielding and more time spent on seeking additional fielding sources. As a result, the number of individuals and households assisted during the five-year period will likely fall short of projected outcomes. During the past year, existing programs such as Homebuyer Assistance, Home Improvement and Minor Repair have supported homebuyers and homeowners. These programs have succeeded in providing current residents of the City with opportunities to improve their housing situation. The Home Improvement Loan and Minor Repair programs have succeeded in promoting the revitalization of older, decaying neighborhoods. Recently, Community Development staff sought out additional fielding to supplement fielding available in the Homeownership Assistance Program. This fielding was awarded and is used by the City to help make repairs on units that might otherwise not been available to new homebuyers. Though these programs continue to be successful, again with recent fielding cuts and the significant cost increases occurring during the past year, program target numbers for the five-year period will probably not be met. Continuum of Care activities continue to be successful and bring Emergency Shelter Grant fields from the State of Texas and Supportive Housing Program fielding from HUD into the Denton County area. These fields are used by local agencies to meet the needs of homeless and potentially homeless individuals and families. Agencies continue to participate in a collaboration that, for the past five years, has been fielded by the State ESG program. Activities include homeless prevention, provision of essential services and payment of operating and maintenance costs for shelters. SHP fielding continues to support the Homeless Management Information System for the Denton County Homeless Coalition. Page 5 Other public services activities fielded by the City of Denton through both CDBG and general fields have been successful in meeting identified needs in the Denton community. Health care has been one area where the community has made significant strides. The People's Clinic opened and was providing services to low-income individuals in Denton County. Health Services of North Texas is now providing these health care services. The City continues to support the services by providing fielding for patient services and medications that are not covered through the Medicaid system. The City of Denton continues to support childcare for low-income farmlies, services for the elderly and households affected by AIDS. Staff continues to work toward completing the public improvement projects more quickly. . This should ensure that the City of Denton has no timeliness issues. Programs and activities developed to meet community needs are reaching stated goals. Housing, social services, neighborhood revitalization and public facility improvements are focus areas for Denton Community Development. Strong collaborative efforts among the local service and housing organizations along with support from the major cities of Denton, Lewisville and Flower Mound, continue to expand opportunities for low-income individuals and households in an effort to help them reach self-sufficiency. Page 6 2010 PROJECTS/ACTIVITIES SUMMARY The City of Denton's total federal and program income funding for 2010 is $1,762,475 (includes $155,000 of Reprogrammed Funds). Program funds have been allocated to an array of projects and activities to benefit low and moderate-income households. Each project is described in detail from pages 8 to 18 and is arranged by alphabetically order. See the following list of CDBG and HOME proposed projects and activities for their assigned page number: Page # Project Name CDBG Funds HOME Funds 8 CDBG Administration $197,889 9 Children's Advocacy Center $9,833 9 City Of Denton - MLK Summer Program $7,012 10 City of Denton - Owsley Summer Program $7,013 10 Denton Affordable Housing Corp $87,386 11 Denton City County Day School $26,222 11 Denton City County Day School Improvements $40,150 12 Denton Co. Friends of the Family $26,111 12 Family Health Care, Inc. $21,787 13 Fred Moore School - Phase I Activities $120,400 13 Health Services of North Texas $22,394 14 HOME Administration $61,802 14 Homebuyer Assistance Program $56,160 $193,840 15 Home Improvement Program $75,000 $275,000 15 HOPE, Inc. - Transitional Housing $3,778 16 Mack Park Shelter Project $40,000 16 Minor Repair Program $125,000 17 MLK Center ADA Accessible Parking $22,000 17 Quakertown Park ADA Accessible Sidewalk $73,031 18 Ruth St. Sanitary Sewer Line Replacement $248,500 18 Special Programs for Aging Needs $22,167 Total Funding Allocated to Projects $951,695 $556,226 Total Funding Available $951,695 $556,226 Unprogrammed Funds $0 $0 Page 7 PROJECT DESCRIPTIONS The following are descriptions of projects and activities that will be funded during the 2010 Program Year with CDBG and HOME funds: CDBG ADMINSTRATION CDBG funds will be used for program management, coordination, monitoring and evaluation associated with carrying out eligible activities. Funds will also be utilized to continue City's efforts in fair housing. The program will be carried out by the City's Communitv Development Department. Funding includes $2,800 in proposed CDBG program income. HUD Matrix Code: 21A General Program Administration 570.206 Objectives: Eligibility: 570.208(a)(2) Low/Mod Limited Clientele ❑ Suitable Living Environment ❑ D t H i Priority Need: Planning & Administration ecen ng ous ❑ Creating Economic Specific Objective: N/A Opportunities Specific Outcomes: N/A Outcomes: ❑ Availability/Accessibility Project Goals: NIA ❑ Affordability F-1 Sustainabili Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $197,889 Location: Community Wide HOME $0 Start Date 08/01/10 Other Sources $148,217 Completion Date 07/31/11 Total $346,106 Page 8 CHILDREN'S ADVOCACY CENTER Provision of support services to children and law enforcement in the investigation of cases involving abuse and sexual assault of children for residents of the city of Denton. Program will be carried out by Children's Advocacy Center for Denton County. HUD Matrix Code: 05N Abused and Neglected Children 570.201(e) Objectives: ® Suitable Livin Environment Eligibility: 570.208(a)(2) Low/Mod Limited Clientele g ❑ Decent Housing Priority Need: Public Services ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Specific Outcomes: Number of persons assisted with unproved access to a service - 350 persons ® Availability/Accessibility ❑ Affordability Project Goals: 350 People ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $9,833 Location: 1960 Archer Avenue, Lewisville 75077 HOME Start Date 10/1/2010 Other Sources $907,167 Completion Date 9/30/2011 Total $91'7,000 CITY OF DENTON - MLK SUMMER PROGRAM Provision of a summer day program targeted to youth in Southeast Denton. Funds will be used to provide scholarships for low-income participants. Program will be carried out by the City's Parks and Recreation Department. HUD Matrix Code: 05L Child Care Services 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ D nt H in Priority Need: Public Services g ece ous ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. O t Specific Outcomes Indicators: Number of persons assisted with unproved access to a service 10 persons comes: u ® Availability /Accessibility ❑ Affordability Project Goals: 10 people ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $7,012 Location: 1300 Wilson St., Denton Texas HOME $0 Start Date 06/01/11 Other Sources $0 Completion Date 08/31/11 Total $7,012 Page 9 CITY OF DENTON - OWLSEY SUMMER PROGRAM Provision of a summer day program targeted to youth in the Owsley Neighborhood. Funds will be used to provide scholarships for low-income participants. Program will be carried out by the City's Parks and Recreation Department. HUD Matrix Code: 05L Child Care Services 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ D nt H in Priority Need: Public Services g ece ous ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. O t Specific Outcomes Indicators: Number of persons assisted with unproved access to a service - 10 persons comes: u ® Availability/Accessibility ❑ Affordability Project Goals: 10 people ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $7,013 Location: 1300 Pavin, Denton Texas HOME $0 Start Date 06/01/11 Other Sources 0 Completion Date 08/31/11 Total $7,013 DAHC - AFFORDABLE HOUSING CORP Rehabilitation of affordable rental units in Denton for special needs populations. Funds will be utilized for the actual cost of rehabilitation of rental units. This project also consists of $20,000 for operating expenses of the agency. Program will be carried out by the Denton Affordable Housing Corporation. HUD Matrix Code: 14B Rehab, Multi-Unit Residential Buildings 570.202 Objectives: it bl Li i E i ❑ S t Eligibility: 570.208(a)(3) - Low/Mod Housing ng nv ronmen u a e v ® Decent Housing Priority Need: Rental Housing ❑ Creating Economic Opportunities Specific Objective: Improve the quality of affordable rental housing. Outcomes: Specific Outcomes Indicators: Number of households assisted with standard affordable housing units. - 8 households/housing units ❑ Availability/Accessibility ❑ Affordability Project Goals: 8 households/housing units ® Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: CHDO 92.2 CDBG 0 Location: Community Wide HOME $87,386 Start Date 10/01/10 Other Sources 0 Completion Date 2/01/11 Total $87,386 Page 10 DENTON CITY COUNTY DAY SCHOOL PROJECT Project consists of making needed improvements to the school. CDBG funds will be used to install new hot water heaters, outside lights for safety and an outside canopy for sun protection. Funds will also be used to rebuild the resource room. The school provides day care on a sliding scale fee structure. The project will be carried out b the City's Community Development Division and Denton City Count Da School. HUD Matrix Code: 03M Child Care Centers 570.201 (C) Objectives: Eligibility: 5'70.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Suitable Priority Need: Public Facilities ❑ Decent Housing Specific Objective: Improve the services for low/moderate income ❑ Creating Economic Opportunities persons. O t Specific Outcomes Indicators: Number of persons assisted with new access to a facility - 185 children comes: u ❑ Availability/Accessibility ® Affordability Project Goals: 185 children ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $40,150 Location: 1603 Paislev Street, Denton Texas 76209 HOME 0 Start Date 11/01/10 Other Sources 0 Completion Date 04/30/11 Total $40,150 DENTON CITY COUNTY DAY SCHOOL Provision of childcare services for low income children between the ages of 2 years and 5 years. Funds will be utilized to pay for teacher's salaries. The school provides affordable day care on a sliding scale. Project will be carried out by the City's Communitv Development Department and Denton Citv County Day School. HUD Matrix Code: 05L Child Care Services 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ D nt H in Priority Need: Public Services g ece ous ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. O t Specific Outcomes Indicators: Number of persons assisted with improved access to a service - 191 persons comes: u ❑ Availability/Accessibility ® Affordability Project Goals: 191 People ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $26,222 Location: 1603 Paisley Street, Denton Texas 76209 HOME $0 Start Date 10/01/10 Other Sources $466,770 Completion Date 09/30/11 Total $492,992 Page 11 DENTON COUNTY FRIENDS OF THE FAMILY Provision of counseling services, crisis assistance and emergency shelter for family members impacted by domestic violence and/or sexual assault. Funds will be utilized to pay direct services for victims of domestic violence. Program will be carried out by the Denton County Friends of the Family. HUD Matrix Code: 05G Battered and Abused Spouses 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ D nt H in Priority Need: Homeless g ece ous ❑ Creating Economic Opportunities Specific Objective: Provide emergency, services for homeless persons. O t Specific Outcomes Indicators: Number of persons assisted with improved access to a service - 1,993 persons comes: u ® Availability/Accessibility ❑ Affordability Project Goals: 1,993 People ❑ Sustainability Primary Purpose: ® Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $26,111 Location: Confidential HOME $0 Start Date 10/01/10 Other Sources $1,862,000 Completion Date 09/30/11 Total $1,888,111 FAMILY HEALTH CARE Provision of a prenatal clinic aiding women who are without private insurance or Medicaid. Funds will be used to procure services for non-Medicaid eligible, low-income pregnant women. Program will be carried out by Family Health Care, Inc. HUD Matrix Code: 05M Health Services 570.201 (e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment Priority Need: Public Services ❑ Decent Housing Specific Objective: Improve the services for low/moderate income ❑ Creating Economic Opportunities persons. O t Specific Outcomes Indicators: Number of persons assisted with improved access to a service - 74 persons comes: u ® Availability/Accessibility ❑ Affordability Project Goals: '74 People E] Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $21,787 Location: 3537 South I-35E, Suite 210, Denton 76210 HOME $0 Start Date 10/01/10 Other Sources $453,011 Completion Date 09/30/11 Total $474,798 Page 12 FRED MOORE DAY NURSERY PROJECT Project consists of various improvements to the day care facility. Improvements will include roof repairs, HVAC replacement, exterior window replacement, door repairs and entry refraining, electrical and plumbing improvements. The day care provides services to low and moderate-income families. The project will be carried out by Fred Moore Dav Nursery School and the Community Develop went Division. HUD Matrix Code: 03M Child Care Centers 570.201 (C) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Suitable Living ® Environment Priority Need: Public Facilities ❑ Decent Housing Specific Objective: Improve services for low and moderate-income ❑ Creating Economic Opportunities persons. O t Specific Outcomes Indicators: Number of persons assisted with access to unproved facility - 48 comes: u ❑ Availability/Accessibility ® Affordabilitv Project Goals: 48 persons ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $120,400 Location: 821 Cross Timber Street, Denton, 76205 HOME 0 Start Date 11/01/10 Other Sources 0 Completion Date 4/15/11 Total $120,400 HEALTH SERVICES OF NORTH TEXAS Provision of food and medical care to individuals and families impacted by AIDS/HIV and medical assistance to underserved, low-income, and uninsured residents of the city of Denton. Funds will be used to buy food, hygiene products and medical care for non-HIV related infections and chronic diseases. Additional funding will be used for the salary of a pharmaceutical assistance program - coordinators salary, medical care, diagnostic tests, laboratory tests, medication and durable medical supplies for low-income residents of the city of Denton. Program will be carried out by Health Services of North Texas. HUD Matrix Code: 05 Public Services (General) 570.201(e) Objectives: ® Suitable Livin Environment Eligibility: 570.208(a)(2) Low/Mod Limited Clientele g ❑ Decent Housing Priority Need: Non-Homeless Special Needs ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Specific Outcomes: Number of persons assisted with unproved access to a service - 1,150 persons ® Availability/Accessibility ❑ Affordability Project Goals: 1,150 People ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $22,394 Location: 4210 Mesa Drive, Denton Texas 76207 HOME $0 Start Date 10/1/2010 Other Sources $771,806 Completion Date 9/30/2011 Total $794,200 Page 13 HOME ADMINSTRATION HOME funds will be used for salaries associated with carrying out HOME projects by the City's Community Development Department. Funding includes $4,000 in HOME Program Income. HUD Matrix Code: 21H HOME Admin/Planning Costs of PJ (subj~ect to 10%) 92.20'7 (a) Objectives: it bl Li i ❑ S E t Eligibility: N/A ng u a e v nvironmen ❑ Decent Housing Priority Need: Planning & Administration ❑ Creating Economic ifi i S O N/A Opportunities pec c bject ve: Outcomes: Specific Outcomes Indicators: N/A ❑ Availability/Accessibility ❑ Affordability Project Goals: NIA ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $ Location: Community Wide HOME $57,156 Start Date 08/01/10 Other Sources $0 Completion Date 07/31/11 Total $57,156 HOMEBUYER ASSISTANCE PROGRAM HAP is designed to provide homeownership opportunities for low and moderate-income families who live in Denton. The program provides down payment, closing costs and gap assistance to eligible households. Program carried out by the City's Community Development Division. HUD Matrix Code: 13 Direct Homeownership Assistance 570.202 Objectives: Eligibility: 570.208(a)(3) - Low/Mod Housing ❑ Suitable Living Environment ® Decent Housing Priority Need: Owner-occupied Housing ❑ Creating Economic iti O t Specific Objective: Increase availability of affordable owner housing. un ppor es Specific Outcomes Indicators: Number of first-time homebuyers - 25 households Number receiving down-payment assistance/closing costs - 25 households Outcomes: ❑ Availability/Accessibility ® Affordability Project Goals: 25 households E] Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $56,160 Location: Community Wide HOME $193,840 Start Date 1/10/10 Other Sources 0 Completion Date 7/31/11 Total $250,000 Page 14 HOME IMPROVEMENT PROGRAM Rehabilitation of owner-occupied structures in targeted neighborhoods. Funds are available in low interest loan and grant combinations. Homes that are not suitable for rehabilitation are demolished and reconstructed. Funding also includes estimated program income for HOME ($40,000) and CDBG ($14,000). Program will be carried out b the City's Community Development Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives: Eligibility: 570.208(a)(3) - Low/Mod Housing ❑ Suitable Living Environment ® Decent Housing Priority Need: Owner-occupied Housing ❑ Creating Economic ortunities O pp Specific Objective: Improve the quality of owner-occupied housing. Outcomes: Specific Outcomes Indicators: Number of units brought from substandard to standard condition - 8 housing units ❑ Availability/Accessibility ® Affordabilitv Project Goals: 8 housing units ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $75,000 Location: Community Wide HOME $275,000 Start Date 10/01/10 Other Sources 0 Completion Date 7/31/11 Total $350,000 HOPE, INC. Provision of financial assistance and case management to families who are homeless or at risk to be homeless and seeking to secure, stable, permanent housing. Funds will be used to assist the homeless and potentially homeless families with rent, utility, food, and childcare needs and partial salary for the program case manager. Program will be carried out by HOPE, Inc. HUD Matrix Code: 05 Public Services (General) 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ D t H i Priority Need: Public Services ecen ng ous ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. O t Specific Outcomes Indicators: Number of persons assisted with improved access to a service - 35-40 persons comes: u ® Availability/Accessibility ❑ Affordability Project Goals: 35-40 People ❑ Sustainability Primary Purpose: ® Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $3,778 Location: 117 West Svcamore, Denton, TX 76201 HOME $0 Start Date 10/01/10 Other Sources $74,800 Completion Date 09/30/11 Total $78,578 Page 15 MACK PARK SHELTER PROJECT CDBG funds will be used to construct a 20' x 40' picnic shelter in Mack Park. The shelter will assist in accommodating children participating in the Summer Food Lunch Program as well as providing a recreational activity for those in the surrounding neighborhood. The project will be carried out by the City's Parks and Recreation Department. HUD Matrix Code: 03F Parks Recreation Facility 570.201(c) Objectives: Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment Priority Need: Infrastructure ❑ Decent Housing ❑ Creating Economic Specific Objective: Improve quality /increase quantity of public im rovements for low income ersons Opportunities p p . Specific Outcomes Indicators: Number of persons assisted where activity was used to meet a measurable unproved quality - 4,200 Outcomes: ®AvailabilitylAccessibility ❑ Aff rd bilit Project Goals: 4,200 persons o a y ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $40,000 Location: CT 212 /BG 1 - 57.1% LM HOME 0 Start Date 11/01/10 Other Sources 0 Completion Date 12/01/10 Total $40,000 MINOR REPAIR PROGRAM Program serves low-income homeowners by providing a grant of up to $5,000 for repairs. Repair cannot be covered by homeowner's insurance. Program carried out by the City's Community Development Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives: Eligibility: 570.208(a)(3) - Low/Mod Housing ❑ Suitable Living Environment ® Decent Housing Priority Need: Owner-occupied Housing ❑ Creating Economic i i O Improve the quality of owner housing. pportun t es Specific Objective: Outcomes: Specific Outcomes Indicators: Number of units occupied by elderly - 15 Number of units made accessible - 5 ®Availability, /Accessibility ❑ Affordability Project Goals: 35 housing units ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $125,000 Location: Community Wide HOME 0 Start Date 10/01/10 Other Sources 0 Completion Date 7/31/11 Total $125,000 Page 16 MLK CENTER ADA ACCESSIBLE PARKING CDBG funding will be used to meet a community need for additional ADA accessible parking spaces and ADA compliant pedestrian ramps to conform to the current Americans with Disabilities Act and provide improved access to the MLK Jr. Recreation Center. These improvements will encourage use of the facility by all neighborhood residents. HUD Matrix Code: 03F Parks Recreation Facilities 570.201 (c) Objectives: Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment Priority Need: Infrastructure ❑ Decent Housing ❑ Creating Economic Specific Objective: Improve accessibility, quality/increase quantity of ublic im rovements for low income ersons Opportunities p p p . Specific Outcomes Indicators: Number of persons assisted where activity was used to meet a measurable unproved quality - 2192 Outcomes: ®AvailabilitylAccessibility ❑ Aff rd bilit Project Goals: 2192 persons o a y ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS X Disabled Funding: Subrecipient: Local Government CDBG $22,000 Location: CT 21200/BG 2 - 72.7% LM HOME 0 Start Date 02/15/11 Other Sources 0 Completion Date 03115111 Total $22,000 QUAKERTOWN PARK ADA ACCESSIBLE SIDEWALK PROJECT Construction of an 8'wide, ADA compliant accessible sidewalk with ramps along Withers and Oakland streets to accommodate access to Quakertown Park, Emily Fowler Library and provide a safe pedestrian walkway for persons in the neighborhood. Approximately 2,180 linear feet of sidewalk will be constructed. Project will be carried out by the City's Parks and Recreation Department. HUD Matrix Code: 03L Sidewalks 570.201(c) Objectives: Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment Priority Need: Infrastructure ❑ Decent Housing ❑ Creating Economic Specific Objective: Improve quality /increase quantity of public im rovements for low-income ersons Opportunities p p . Specific Outcomes Indicators: Number of persons assisted where activity was used to meet a measurable unproved quality. Outcomes: ®AvailabilitylAccessibility ❑ Aff rd bilit Project Goals: 2,100 linear feet of sidewalk o a y ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $73,031 Location: CT 206.01 /BG 3 LM HOME 0 Start Date 10115110 Other Sources $53,469 Completion Date 11/15/10 Total $126,500 Page 17 RUTH ST. SANITARY SEWER LINE REPLACEMENT Replacement of an existing 6" sewer line from Hill to Cross Timbers and from Cross Timbers to Cook Street to Dallas Drive. The existing sewer line is in a state of disrepair. The replacement will require a new 8" sewer line and manholes for approximately 1,930 feet. The new line will be constructed and placed in the street. The project will be carried out by the City's Engineering Department. HUD Matrix Code: 03J Water/Sewer Improvements 570.201(c) Objectives: Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment Priority Need: Infrastructure ❑ Decent Housing ❑ Creating Economic Specific Objective: Improve quality /increase quantity of public im rovements for low income ersons Opportunities p p . Specific Outcomes Indicators: Number of persons assisted where activity was used to meet a measurable improvement of quality. - 33 hh Outcomes: ® Availability/Accessibility ❑ Affordability Project Goals: 33 households ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $248,500 Location: CT 21200/BG 2 - 72.72% LM HOME 0 Start Date 11/01/10 Other Sources 0 Completion Date 2/15/11 Total $248,500 SPAN, INC. (SERVICES PROGRAMS FOR AGING NEEDS) Provision of congregate and home-delivered meals to the elderly. Funds will be used to bud- meals. Program will be carried out by SPAN. HUD Matrix Code: 05A Senior Services 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ Decent Housin Priority Need: Non-housing special needs g ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. O t Specific Outcomes Indicators: Number of persons assisted with improved access to a service - 350 persons comes: u ® Availability/Accessibility ❑ Affordability Project Goals: 350 people ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $22,167 Location: 1800 Malone Street, Denton, Texas 76201 HOME $0 Start Date 10/01/10 Other Sources $687,800 Completion Date 09/30/11 Total $709,967 Page 18 OTHER RESOURCES AVAILABLE GENERAL FUNDS Also, during the 2010 Program Year, the City of Denton plans to undertake additional activities/programs to address local objectives and strategies using City of Denton General Fund dollars. The Human Services Advisory Committee has recommended funding the following human services programs. It is recommended that these activities be funded through Denton's general fund budget. City Council will consider approval of the following recommendations in September 2010. Category / Agency General Funds Other Funds Total Funds Aging Services Day Stay for Adults - 47 people $6,778 $284,008 $290,786 RSVP - 520 people $7,900 $266,683 $274,583 Emergency Services Denton County HMIS - N/A $18,000 $71,908 $89,908 HOPE, Inc. - reported in CDBG $18,111 $64,245 $82,356 Da Care /After School Care Denton Christian Preschool - 117 people $22,056 $432,000 $454,056 Fred Moore Day Nursery - 166 people $23,556 $416,444 $440,000 Child/Family Services CASA - 217 people $11,000 $665,339 $676,339 Communities in School - 400 people $5,000 $164,035 $169,035 Other Services Camp Summit- 6 people $2,944 $1,027,882 $1,030,826 Total $1 15.345 $3.392.,544 $3.,507.,889 Page 19 STRATEGIES & PROPOSED PROJECTS The City of Denton's 2010 funding has been allocated to programs and activities that meet objectives stated in Denton's five-year strategic plan. Following is the list of the five-year strategies and proposed outcomes stated in the 2010-14 Consolidated Plan and proposed projects and activities that will be undertaken to meet those strategies. Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan Objective Plan Outcome Measures Proposed Activities Strategy RENTAL HOUSING STRATEGIES H-3.1 Encourage and support An addition of 150 affordable Provide support for developments meeting Sustainabilit_v he development of units in mixed income his strategy. of Decent small mixed-income developments with 50 units Housing rental developments in or less would assist in accessible areas. meeting this outcome measure. H-2.1 Encourage self- Self sufficiency programs ork with and provide funding when ffordability of sufficiency among will target households appropriate to support transitional housing Decent Housing households that receiving rental assistance and self-sufficiency programs administered currently receive rental and other forms of public by Denton Housing Authority and HOPE, subsidies and other assistance. Create housing Inc. and other local organizations. forms of public support. affordability for 3 to households per year. H-1.1 Encourage and support Support repairs or Work with Code Enforcement Division and Availability/ he rehabilitation of rehabilitation of to 10 units local rental property owners to identify and Accessibility of substandard units. per year. support rehabilitation of substandard units. Decent Housing H-2.2 Encourage and assist Approximately 150 renters Continue supporting the City's Homebuyer ffordability of ow-income renters to will be assisted. Assistance Program, DAHC's Affordable Decent Housing become homeowners. Housing Opportunity Program, DAHC's refill New Construction Program and Nevada Court Project, Denton Housing Authority's Family Self Sufficiency Program and Habitat or Humanitv. H-1.2 Target programs and our newsletters per year will Disseminate program information in Spanish Availability/ information to be sent out. Additional and English to organizations serving these Accessibility of minorities and the information will appear on groups. Decent Housing elderly. able channel. OWNER-OCCUPIED HOUSING STRATEGIES H-2.3 Educate homeowners reformation will be provided 8 households will be provided successful ffordability of regarding home to 8-10 households per year. homeowner education. Decent Housing maintenance and budgeting for major and minor repairs and safe leaning practices. H-2.4 Assist low and Provide minor repairs to Funding of the Minor Repair Program for 20 Affordability of moderate-income approximately 100 very low 25 households. Decent Housing households with minor to moderate-income housing repairs and homeowners. yeatherization. H-3.2 Encourage and assist Assistance to 20 to 35 Funding of the Home Improvement Program Sustainabilit_v ow and moderate- households. It is anticipated or 8 households. of Decent income homeowners to that 25%-35% of the annual Housing maintain their units up allocation will be dedicated to to current Citv of his targeted area. Denton code standards n targeted areas. Page 20 Outcome/ 5-yr Consolidated Objective Plan 5-yr Consolidated Plan 1-yr Action Plan Outcome Measures Proposed Activities Strategy HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS H-2.5 Educate homebuvers I nformation will be provided Support of Fannie Mae and HUD approved ffordability of regarding home buying to 100 prospective homeowner-ship workshops by local Decent Housing process and household omebuv_ ers. agencies and lenders ud etin . H-2.6 Encourage and assist Approximately 100 renters Support the City of Denton's Homebuver Affordability of ow and moderate will be assisted. Assistance Program and DAHC's Affordable Decent Housing income renters to Housing Opportunity Program with residual become homeowners. It funds. is anticipated that 35% to 50% will be minority ouseholds. H-2.7 Support production of Construction of an estimated Support of DAHC and City's Infill New Affordability of affordable units. 50 new units. Construction Program and DAHC and Decent Housing Habitat for Humanity's New Construction Program. CONTINUUM OF CARE - PREVENTING HOMELESSNESS H-2.8 Provide assistance for 1) Support a minimum of 1 a) Support and refer persons to local Affordability of ow-income households 100 units of individual business and agency's' First Time Decent Housing to secure and sustain and group counseling and Homebuver classes and Credit safe, decent affordable educational opportunities Counseling Classes housing concerning securing and lb) Provide funding to HOPE, Inc in support maintaining a home. of programs including Housing Counseling 2) Support 750 individual/ 2 a) Provide administrative support and funds family units of services to including any Emergency Shelter Grant secure and maintain Program or Emergency Food and Shelter housing including Program Awards to HOPE, Inc and The prevention of foreclosure Salvation Armv for homelessness and eviction a year. prevention assistance. 2b) Continue to support the Tenant Based Rental Assistance from HOME funds to the Elderly and Disabled to maintain independent living and to prevent homelessness. CONTINUUM OF CARE - OUTREACH AND ASSESSMENT SL-1.1 Improve community 1) Continue implementation 1) Provide funds to the Denton County Availability/ assessment of needs and of HMIS. Increase data Homeless Management Information Accessibility of services available sharing and number of System to enroll and support homeless Suitable Living participants. At least 3 - service agencies. Environment agencies should ) Assist the Denton County Homeless participate in data sharing. Coalition to organize a taskforce to 2) Support development of a create and implement a plan to in county-wide, coordinated Chronic Homelessness including a Discharge Policy and Plan coordinated discharge policy. to End Chronic Homelessness in two years. Page 21 Outcome/ 5-yr Consolidated 5-yr Consolidated Plan I-yr Action Plan Objective Plan Outcome Measures Proposed Activities Strategy CONTINUUM OF CARE - EMERGENCY SHELTER H-1.3 Meet the emergency 1) Support at least 1,000 1) Provide funds to the Denton County Availability/ shelter and basic health, emergency shelter nights Friends of the Familv Safe Shelter. Accessibility of food, clothing, and of stay a year. 2a) Assist The Salvation Ann-,-, and Denton Decent Housing personal hygiene needs ) Assist local agencies to County Friends of the Family to apply of the homeless and apple for at least three for Emergence Shelter Grant Program victims of domestic grants to provide Funds violence. supportive services to all 2b) Assist Denton County MHMR to apply homeless, victims of for Supportive Housing Program and/or domestic violence, Shelter Plus Care Funds. homeless families or 2c) Assist Health Services of North Texas homeless youth. apply for Supportive Housing Program Funds. CONTINUUM OF CARE - TRANSITIONAL HOUSING H-1.4 Meet the transitional 1) Support at least 50 la) Provide funds to HOPE's transitional Availability/ housing and supportive individuals/ families shelter program to assist 10 people. Accessibility of service needs of the provided with transitional 2a) Provide local agencies with information Decent Housing homeless and victims of housing a year on grant opportunities for funds to domestic violence in ) Assist local agencies to support transitional housing and reparation for a move apply for at least two supportive services. to permanent or grants to provide 2b) Provide documentation for and assist ermanent supportive additional transitional with the completion of applications to housing. housing and supportive request Emergency Shelter Grant Funds services and Supportive Housing Program funds 3) Support the increase use for transitional housing and supportive of transitional housing services and/or supportive services 3) Attend Ten Year Plan to End to prepare individuals for Homelessness meetings and provide permanent housing in the information on the importance and need Ten Year Plan to End for transitional housing and/or Homelessness. supportive services. CONTINUUM OF CARE - TRANSITION TO PERMANENT HOUSING AND INDEPENDENT LIVING H-3.3 Provide homeless and 1) Assist agencies to apply la) Assist Health Services of North Texas Sustainabilit_v victims of domestic for at least two grants to and Denton County MHMR apply for of Decent violence Nvith provide permanent Supportive Housing Program funds for -lousing permanent or supportive housing with permanent supportive housing program permanent supportive an emphasis on chronic projects. housing. homeless and persons lb) Provide local agencies with information with a severe mental on grant opportunities for funds to illness and/ or HIV support transitional housing and positive status. supportive services. 2) Assist at least two 2a) Participate in the Affordable Housing community partnerships/ Coalition and the Denton County collaborative efforts to Homeless Coalition. continue to provide 2b) Provide funding to support programs of additional permanent HOPE, Inc, Denton County Friends of housing opportunities to the Family, and Denton Affordable the homeless, potentially Housing Corporation who have a homeless and victims of collaborative effort to move victims of domestic violence domestic violence from emergency shelter to Transitional housing in preparation for stable, sustainable ermanent housing. Page 22 Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan Objective Plan Outcome Measures Proposed Activities Strategy LEAD-BASED PAINT STRATEGIES H-1.5 Educate homeowners, 30 households and 50-75 8 homeowners and 12 contractors or property Availability/ rental property contractors and property managers Nvill receive field guides for Lead Accessibility of owners/managers & managers received field Paint Safety painting, home maintenance and Decent Housing contractors regarding guides for painting, home renovation work instructions. Four owners, disclosure, the historv of maintenance and renovation managers or contractors receive individual cad-based paint, its vork instructions. 20 safe work practice video training and lead- hazards to children and owners, managers or elated regulation training. ow to use safe work contractors receive individual practices when safe work practice video disturbing paint in older raining for the five-year housing. period H-1.6 Reduce Lead-Based Average of 40 units will In properties built before 1978, two minor Availability/ Paint Hazards in owner receive lead-based paint repairs, three owner occupied rehabilitations Accessibility of and renter-occupied inspection, hazard control and three homebuv_ er assistance projects Nvill Decent Housing residential units as eduction work or abatement, be completed and receive lead-based paint ceded. ass inspections and, Nvhen eduction Nvork, pass inspections and meet equired, meet final clearance final clearance in compliance with 24 CFR )ver the five-year period. 35 regarding lead-based paint during 2009. For the Homebuver Assistance Program, only a visual inspection Nvill be conducted and property must pass inspection. HUMAN SERVICES STRATEGIES SL-1.2 Meet the basic food 1) Support at least 300 la) Support the Community Food Center. Availability/ needs of the homeless emergency meals and food a) Provide funds to support the Nutrition Accessibility of and low-income bags a year Center of Health Services of North Suitable Living Texas to provide an estimated 50 Environment 2) Support at least 150 meals persons with weekly nutritional shops. and nutritional food 2b) Provide funds to support SPAN who bags/shops ayear will provide meals to 350 to persons over or disabled persons. SL-1.3 Meet the basic shelter 1) Support at least 250 1) Provide funds to the Denton County Availability/ needs of homeless and emergency shelter nights Friends of the Familv Safe Shelter to Accessibility of ow-income persons of stay avear assist 1,993 people. Suitable Living ) Support at least 25 2) Provide funds to HOPE, Inc to support a Environment individuals/ families transitional housing program for an provided with transitional estimated 35-40 persons. housing a year 3a) Provide 10 staff hours to support the 3) Provide at least 60 hours Denton County Homeless Count of staff time in support of conducted by the Denton County at least 3 projects for the Homeless Coalition (DCHC). Denton County Homeless 3b) Provide staff time as necessary to support Coalition a year the DCHC application for Continuum of 4) Support 75 individual/ Care funds. family units of case 3c) Provide 30 staff hours to support the management and other DCHC application for Emergency services to maintain Shelter Grant Program Funds. housing including 4) Provide support to HOPE, Inc 30-90 dav_ prevention of foreclosure program. and eviction a year Page 23 Outcome/ 5-yr Consolidated Objective Plan 5-yr Consolidated Plan 1-yr Action Plan Outcome Measures Proposed Activities Strategy SL-1.4 Foster and maintain an 1) Participate in at least 3 la) Participate in the Denton County Availability/ environment where coalitions and/or Homeless Coalition in the effort to Accessibility of families, neighborhoods, collaborative efforts for prevent and end homelessness. Suitable Living and communities enjoy community initiatives to a) Provide funds to three daycares to Environment strong, supportive foster and maintain an support the provision of childcare to an relationships environment to promote estimated 474 families. strong, supportive 2b) Provide funds to after school/summer relationships. care programs and the provision of 2) Support at least 150 childcare for 20 children. individuals/ family units 3a) Provide support to Denton County of childcare, after-school Friends of the Family for the provision and summer care, of domestic violence and sexual assault parenting shills, and adult victim services including counseling. education assistance a 3b) Provide support to Children's Advocacy year. Center for Denton County to provide 3) Support at least 75 units sexual abuse/assault services to children of domestic violence and and non-offending families members. sexual assault prevention 4) Provide support to Denton County education and training a Friends of the Family for the provision year of community education and offender classes to prevent domestic violence and sexual assault. SL-1.5 City residents have 1) Support at least 50 units 1) Provide support the Family Health Care Availability/ access to health care to of health care services a and Health Services of North Texas for Accessibility of be as physically and year. primary health care and pre-natal Suitable Living nentally_ fit as possible ) Participate in any services to at least 1184 persons. Environment coalitions/collaborative 2 a) Participate in the 100% Geriatric Services efforts to improve in Denton County Workgroup in the availabilitv of health care effort to enrich and improve the lives of especially for low- the elderly. income persons, elderly, and people Nyith disabilities. 3) Support at least 20 units of mental health care services a year... INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES SL-3.1 Street improvements. Promote livabilitv & of applicable this year. Sustainabilitv of sustainability for residents of Suitable Living ow/mod neighborhoods. Environment rojects will support 200 hhs. SL-3.2 Installation of new Promote livabilitv and of applicable this year. Sustainabilitv of sidewalks and sustainability for residents of Suitable Living replacement sidewalks. ow/mod neighborhoods. Environment rojects Nvill support 200 hhs. SL-3.3 Installation of water and Promote livabilitv and Provide funding for replacement of sewer Sustainabilitv of ewer lines. sustainability for residents of lines from Hill to Cross Timbers and from Suitable Living Connection of ow/mod neighborhoods. Cross Timbers to Cook Street to Dallas Environment residential units to P rojects will support 150 hhs. Drive. services. SL-3.4 Installation of drainage Promote livability and of applicable this year. Sustainability of improvements including sustainability for residents of Suitable Living improvements that will ow/mod neighborhoods. Environment emove residential P roject Nvill support properties from approximately 50 hhs. loodplain. Page 24 Outcome/ 5-yr Consolidated 5-yr Consolidated Plan 1-yr Action Plan Objective Plan Outcome Measures Proposed Activities Strategy SL-3.5 Rehabilitation and Improve availability & Provide funding for project at the Denton Sustainability of expansion of public accessibility of services City County Dav_ School & Fred Moore Dav_ Suitable Living s ervices facilities. through improvement to at urser_v, Inc. Environment east 2 public service facilities. SL-3.6 mprove and/or expand Improve availability & Provide funding for a project for shelter at Sustainability of ark facilities including accessibility of services to at Mack Park, ADA accessible parking at MLK Suitable Living pen space, playground east 2 park facilities. Center and ADA sidewalk project at Environment nd other recreational Quakertown Park. 'acilities. DEMOLITION STRATEGIES SL-3.7 Continue to demolish To demolish 20 structures Continued support for the Demolition Sustainability substandard buildings to during the five-year period. Program with residual funds. Of Suitable improvement the Living appearance and safety of Environment _ neighborhoods ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES 0-3.1 Support training and Provide economic Provide non-federal incentives to Sustainability employment activities opportunity by supporting organizations to create jobs. Work withjob of Economic targeted to poverty and activities that create jobs. raining organizations to promote training in Opportunity verv low-income Observe an increase in the specific areas of need. households. umber of poverty and low- income hhs that achieve self- sufficiencv 0-1.1 Expand educational Provide economic Provide funding to transitional housing Availability/ opportunities for those opportunity for transitional providers. Request that information on Accessibility of seeking transitional housing clients. 25-35 hh educational opportunities be provided to Economic housing or other housing (over years) receive clients. Opportunity support services. counseling/educational services. 0-1.2 Encourage support of Over the five-year period 25+ Monitor federally funded projects and work Availability/ Section 3 goals by local individuals hired for projects with contractors to ensure that Section 3 Accessibility of contractors. y private contractors. requirements are fulfilled. Economic Opportunity BARRIERS TO AFFORDABLE HOUSING STRATEGIES H-1.6 Educate the community Improve accessibility and Quarterly newsletter will be sent out to Availability/Ac regarding the benefits of availabilitv of information on clients, local lenders, realtors, agencies, cessibility of affordable housing. affordable units by providing churches, neighborhood associations, Decent Housing homeownership and fair libraries, recreation centers and manv others. housing information, Two public hearing will be held during the quarterly newsletters, at least reparation of the annual action plan and one public hearings annually. during the preparation of the performance report. H-2.9 On an annual basis, Create affordabilitv in Continue to request impact fee grants from ffordability of request approval and housing through provision of he General Fund for housing non-profits for Decent Housing funding for impact fee an average of three to five he construction of affordable housing. grants for producers of grants per year over the five- affordable housing. -ear period. Page 25 Outcome/ Objective 5-yr Consolidated Plan Strategy 5-yr Consolidated Plan Outcome Measures 1-yr Action Plan Proposed Activities H-2.10 Allocate funding to the Create affordability in Support for Denton Affordable Housing Affordability of on-profit and for-profit housing through construction Corporation's, Habitat for Humanity, Private Decent Housing organizations that are of 25 - 50 SF units and 50 - developers and the City's Infill New developing affordable 100 rental units that are Construction Program. housing. Request that affordable to low-income they attempt to households over the five-year maximize the leveraging period. A these dollars and rovide documentation. Page 26 2010 PROPOSED PROJECT MAP With Minority Concentrated areas by Census Tracts 1. T VIE- L 2010 Projects and Activities 1. Denton Citv County Dav School* 2. Family Health Care* 3. Fred Moore Day Nursery, Inc.* 4. Health Services of North Texas* 5. Mack Park Shelter Project 8. MLK Center ADA Accessible Parking Community-Wide Activities CDBG and HOME Administration Children's Advocacv Center of Denton County Denton Affordable Housing Corp. - Rental Homebuvers Assistance Program Minority Concentration by Census Tracts 0 - 25% +25%-30% 77-77 +31%-40% +41%-50% +50%- 100% Source: U.S.2000 Census 6. Quakertown Park ADA Accessible Sidewalk Proj ect 3. Ruth Street Sanitarv Sewer Line Replacement 7. Denia Summer Program* 8. MLK Summer Program* Home Improvement Program Minor Repair Program HOPE, Inc. Services Program for Aging Needs, Inc Geographic distribution of projects is based on citizen, service provider and City staff input regarding significant needs in the low-income community, specifically in regard to public facility improvements. Home Improvement Program activities are limited to low-income areas that are zoned residential. This is to ensure that substantial amounts of funding are not expended on housing in areas zoned commercial or industrial, where the zoning transition in the near future, would no longer allow residential development. *Public service activity locations are provided on the above map, however, services provided by each of the organizations is available to low and moderate-income households throughout the Denton community. Page 27 OTHER PROGRAM SPECIFIC REQUIREMENTS HOME PROGRAM - FORMS OF INVESTMENT The City of Denton, through the Homebuyers Assistance Program (HAP) and Denton Affordable Housing Corporation, through the Affordable Housing Opportunity Program (AHOP) will provide subsidies to low and moderate-income homebuyers. Under the HAP program the maximum HOME subsidy will be $14,900. This amount includes all investment that enables the family to purchase the unit. This sets up a 5, 7 or 10-year recapture period for all homebuyers. The subsidy is provided as a 5, 7 or 10 year deferred forgivable loan. Under the AHOP program the maximum HOME subsidy will also be $14,900 and is set up as a 5-year recapture period. According to the promissory note, the borrower agrees to occupy the property as his/her primary residence for the term of the loan from the execution date of the promissory note and deed of trust. The borrower must also agree to pay all mortgage payments, taxes and other assessments on the property in a timely manner. In the event the borrower complies with the terms of the promissory note, deed of trust and the program, the City of Denton and DAHC agree to release the maker of the note from payment of the loan. Borrower agrees not to sell, lease, or transfer any interest therein during the term of the loan. In the event that the borrower sells, leases or transfers the property, the City of Denton and DAHC will require that the loan balance be repaid. If the borrower sells the property or if the property is foreclosed upon, or transferred in lieu of foreclosure, the loan balance will be repaid from the net proceeds. Net proceeds are defined by HUD as the sale price less closing costs and mortgage payoff. If the net proceeds of the sale are not sufficient to repay the loan balance, the City of Denton and DAHC can reduce the amount based on the available net proceeds at the time of sale. Recaptured fields from the either program will be used to assist other first-time homebuyers. Funding agreements and/or contracts with community housing development corporations and/or subrecipients will include a requirement that the organization comply with HOME regulations in regard to continued affordability of assisted units. There are no other forms of investment that are not described in §92.205(b) by the City of Denton. MONITORING STANDARDS AND PROCEDURES The City of Denton will complete an annual comparison of the objectives stated in the 5-year Consolidated Plan with actual accomplishments. Based on the comparison the City of Denton will consider making changes or updates to the 5-year Consolidated Plan. The City of Denton provides CDBG and General Funds to several non-profits agencies and departments providing supportive services. The City's Human Services Coordinator monitors agencies on a daily basis. Each year agency staff is provided with training on financial procedures and data collection. Agency staff is provided with appropriate Federal guidelines and OMB circulars to ensure that they have access to pertinent information. Agencies are required to provide quarterly beneficiary and financial reports. A year-end report is required to detail annual expenditures, beneficiary information, fielding sources and major accomplishments. Each year, the Human Services Coordinator completes a risk analysis based on established criteria. On-site monitoring visit are completed on all "high risk" organizations. The on-site monitoring includes a review of client files, financial and accounting records, and procurement procedures. Independent audits are also submitted and reviewed by the City staff. Page 28 For the HOME program, a similar process is also followed to monitor the Denton Affordable Housing Corporation, a certified CHDO. The City's Community Development Coordinator with the help of the Community Development staff monitors the CHDO on a regular basis to ensure that the non-profit is meeting HOME regulations. TBRA units and residents are monitored on an annual basis to ensure that all HOME requirements are met. Also, the only rental project not fielded through the local CHDO, is a project that provides transitional housing and services for single-parent fanulies. This organization is also monitored annually including a review of the client files for income information. Programs and projects carried out by the City are monitored daily. Staff maintains checklists on individual projects to ensure that all required procedures have been completed. The housing rehabilitation staff maintains records on all rehabilitation projects. The Community Development Coordinator maintains records for the Homebuyer Assistance Program and the Administrator maintains records on public infrastructure projects. The Administrator reviews and certifies all applications prior to provision of assistance. A year-end report that details expenditures, revenue, beneficiary information and major accomplishments is also required from all City programs and proj ects. PUBLIC HOUSING IMPROVEMENTS The City of Denton has no public housing units. PUBLIC HOUSING RESIDENT INITIATIVES The City of Denton has no public housing units. However, City staff will continue to work with the Denton Housing Authority to promote the Homebuyers Assistance Program to those currently receiving Section 8 assistance. Information on the Homebuyer Assistance Program has been mailed to all Section 8 recipients with their utility bills. No resident initiatives strategies were included in the Consolidated Plan. INSTITUTIONAL STRUCTURE The City of Denton's 2010-2014 Consolidated Plan notes six "gaps" in organizational structure that hinder effective housing and social services delivery. These gaps include the following with the City's efforts to ameliorate these conditions during the coming year: Need for more effective communication between housing organizations in the North Texas area, including those serving the City of Denton. Local housing organizations need to work together to expand resources and programs to ensure that a variety of housing choices are available to serve low and moderate-income households. Action to overcome gap: Continue to encourage participation in the Denton County Homeless Coalition, the Denton County Senior Services and other collaborative organizations. Work with agencies and continue to support partnership efforts and the sharing of information regarding funding opportunities. 2. Need for more effective coordination between emergency assistance agencies. Action to overcome gap: Continue to support efforts of the Denton County Homeless Coalition and HOPE, Inc. to expand the network of organizations participating in HMIS. Page 29 3. Lack of private contractors experienced in lead-based paint hazard reduction and abatement and lack of funding to complete projects. Contractor training along with additional funding targeted to lead abatement is critical to continue the City's owner-occupied rehabilitation program. Action to overcome gap: Request additional funding where available to train contractors and pay increased costs. Work with training organizations to promote training opportunities to local contractors and employees. 4. Lack of shelter facilities for families and youth. Action to overcome gap: Support work of Denton County Homeless Coalition in targeting priority services and facilities needed in the area. Assist in grant writing and other forms of fund raising. Administer homeless grant funds when appropriate and support is needed 5. Lack of coordination of homebuyer/homeowner educational services needed to provide a higher level of information. Action to overcome gap: Investigate a partnership with the Denton Housing Coalition, Denton Affordable Housing Corporation and or the State of Texas to develop a more comprehensive educational program. 6. Inability to assist low and moderate-income property owners to bring housing units up to standard condition. Action to overcome gap: Seek out additional funding to assist low income homeowners and work to develop program or policies to ensure that owners of rental property improve units as needed to maintain unit up to local code requirements. ADDRESSING THE CHRONIC HOMELESS The Denton County Homeless developed the following steps during the 2010-2014 Consolidated Plan process to address chronic homeless. These steps are reaffirmed during the 2010/11 program year. The Denton County Homeless Coalition believes a structured and seamless collaborative system of services and programs can move individuals experiencing chronic homelessness to sustainable permanent supportive housing. This transition to sustainable permanent housing is the key to ending chronic homelessness. The DCHC point-in-time homeless count taken in March 2009 (Denton County Homeless Count) identified fifteen sheltered and 13 unsheltered chronic homeless. It is likely that there were approximately forty-three chronic homeless that were not counted. These estimates were created by applying the Texas Homeless Network Statistics of 27% of unaccompanied adults among the homeless population as chronic homeless, to Denton's estimated number of homeless. At this time DCHC is moving from a coalition philosophy to a community strategy to end chronic homelessness. A coaltion's subcommittee is in the process of developing a Ten-Year Plan to End Chronic Homelessness. Since the plan is in process, the steering committee decided to take a three-step planning approach to building a community strategy to end chronic homelessness. Page 30 The first step was a small committee conducting research on strategies, stakeholders, goals, and activities to promote appropriate services for the community and chronic homelessness. In the fall of 2004, the small group completed their research and provided possible community directions for review by the steering committee. The Steering Committee used the information to move to the Step Two of the three step planning approach. The second step is the identified community stakeholders and possible actions necessary to end chronic homelessness. Upon review of other successful planning processes to end chronic homelessness, the steering committee decided to approach local elected officials to sponsor and convene the community planning process. The DCHC is in the process of completing this step of the three step planning approach. The third step is to convene a large community meeting for all identified stakeholders to review, modify, and agree upon a plan for the community to end-chronic homelessness. The DCHC expects the community plan to end-chronic homelessness will build from current programs and services available. The Denton County Homeless Coalition has identified several obstacles to ending chronic homelessness including lack of major substance abuse services, healthcare services, and transportation. These items present significant barriers in moving the chronic homeless from experiencing homelessness to maintaining a stable environment. HOME PROGRAM - MINORITY OUTREACH PROGRAM To ensure employment and business opportunities for minority businesses the City of Denton will continue to carry out and support the following activities during the program year. 1. The Denton Chamber of Commerce and the Black and Hispanic Chambers of Commerce refer building contractors to the Community Development office to apply to be added to the active contractors bid list. 2. Will request that general contractors on CDBG and HOME-funded capital projects give preference to hiring minority or women subcontractors and employees as well as include this wording in construction contracts. 3. City of Denton's legal advertisement for bids will include the equal employment statement and encourage minority participation 4. Notices are sent to both the Black Chamber and the Hispanic Chamber of Commerce in Denton informing them about the programs, the assistance and contracting opportunities that are available. 5. City of Denton will continue to attend the Small Business Development Breakfast on a monthly basis. 6. City of Denton will continue to comply with all State bidding requirements for Historically Underutilized Businesses (HUB) 7. City staff will also perform debarment reviews to ensure that no previously debarred contractors are allowed to participate in projects. 8. City will continue to advertise annually in the Denton Record Chronicle and daily in the local cable channel in search for contractors and will encourage participation by minority contractors. Page 31 Spanish Public Hearing Notes December 3, 2009 Martin Luther King Jr. Recreation Center No attendees were present at the public hearing on December 3, 2009. Public Hearing Notes December 7, 2009 MLK Recreation Center Staff reviewed activities from the past year and stated that the City's complete year-end report, the Consolidated Annual Performance and Evaluation Report (CAPER), was available on the City's website. Staff also reviewed the various activities that are eligible under both the Community Development Block Grant Program and the Home Investment Partnership Program. Below is a list of comments including projects and programs that attendees suggested might be funded with Federal CDBG or HOME dollars. 1. It was noted that the trees in the median of University Dr/380 near the Bonnie Brae intersection had been taken down during construction. Residents commented that they would like to see these trees replaced. Staff indicated that this project would not be eligible due to the fact that University Drive does not serve a specific low to moderate-income neighborhood which is a requirement of the Federal programs. 2. Residents from the North University Place Addition (Amherst, Dartmouth, Tulane streets, etc) indicated that there was a need for sidewalks in the neighborhood. Staff has checked the low/mod status of the neighborhood and determined that the area is only 27% low/mod. Public facility improvements would be an ineligible activity in this neighborhood. 3. A Southeast Denton resident commented that sidewalks were needed on Hill Street. Children often walk to school down this street. 4. It was noted that the areas along Oakland Street, where it leads to the Emily Fowler Library, and Withers Street both need sidewalks. A stop sign is also needed at Withers and Oakland. The comment was that this area was unsafe, especially for families with children. 5. Another participant added that a fence was needed around the playground/park area at the northwest corner of Quakertown Park. The resident and others in attendance agreed that the cars moving through the area, along with the cars parked on the street, made this playground area unsafe for small children. Page 32 6. It was noted that pedestrians have a difficult time crossing University Drive. A resident also stated that crosswalks and traffic controls need to be set up to allow for safe crossing by bicyclists and pedestrians. The intersections at Fulton, Malone, Alice, Bonnie Brae and Carroll were specifically mentioned. Staff indicated that they would talk with the Transportation staff regarding the issues on University and ask what actions, if any, could be taken. 7. An individual asked how funds could be used for historic preservation. Staff responded that the City's housing programs can use the funds to preserve the historic characteristics of certain structures. Also, commercial buildings could be preserved and if the business that owned or would use the building would create jobs for low/mod persons. This would meet the Federal requirements. Also, improvement to low/mod neighborhoods through historic preservation could, in some instances, be eligible. 8. It was noted by a participant that UNT students had begun an organization called "Seeds of Change." The organization provides food to the homeless each weekend in Quakertown Park. He commented that perhaps the organization might request Federal funds to continue and expand the program. Staff suggested that organization might consider partnering with another organization that currently carries out similar services. 9. Individuals representing Communities In Schools discussed the needs that are met by the organization and how they've assisted families with children in local schools. Only four schools receive services at this time. It was noted that an additional five schools in Denton ISD would probably qualify if funding were available. They suggested that more funding be provided to the Communities in Schools. 10. An individual stated that he is interested in funds for small business loans. He commented that funding should be available for small businesses to purchase a land and/or buildings. Staff noted that a previous small business loan program began due to the efforts of the Chamber's Small Business Development Center. Staff suggested that he may want to contact the SBDC to see if they are aware of any business loans available for this purpose. 11. One participant asked for the names of the Community Development Advisory Committee members. Staff indicated that they would send her the committee roster. ACTION PLAN PUBLIC HEARING MINUTES April 20, 2010 City Council Meeting No comments were received during the April 20th public hearing: Page 33 OFFICIAL MINUTES Community Development Advisory Committee Minutes February 1, 2010 Members present: Ron Aldridge, Sandra Benavides, Herbert Holl, Gerard Hudspeth, Ray Jordan, Lisa Melby, Cathy Tedrick, Dorothy Watts, LaNelle Winn Staff present: Barbara Ross Ron Aldridge, chairperson, called the meeting to order. He asked if any members had questions regarding any of the applications submitted for review. Ray Jordan asked about the administration budget of 20% from CDBG and 10% from HOME and how it was determined what costs would be paid from those funds. Herbert Holl asked what other administration costs were included in the budget besides personnel costs. Mr. Jordan added that it would appear that the administrative costs of some of the programs were understated if a significant portion of the personnel and other costs came from the administration budget. Ms. Ross indicated that she would bring the committee a copy of the administration budget. She indicated that it does primarily pay salaries. Since CDBG funds have been decreasing over the past few years and the CD staff has significant longevity, which means they are at the top of their pay range, CD had to downsize and did not hire a staff member to replace the Housing Programs Specialist when she moved to a higher level position. Ms. Ross stated that she would provide the committee with a copy of the administration budget. Mr. Aldridge asked if there were any questions on the funding summary. There were no questions from the CDAC. Mr. Aldridge asked Ms. Ross to explain the tax credit application request. Ms. Ross explained that two organizations that did not attend the mandatory application training had asked for approval to submit an application for funding. Ms. Ross informed them that they did not meet the submission requirements because they did not have a representative attend the mandatory application training. She explained to the requesting organizations that it would be up to the Community Development Advisory Committee to determine if they wanted to allow official submission and review the applications. Herbert Holl made a motion to accept the applications. Mr. Aldridge asked if there was any discussion. Lisa Melby asked if the two organizations were on the list to be notified. Mr. Holl asked how the committee felt about the projects. Ms. Ross stated that this would be something to discuss if the applications were reviewed but the committee first had to decide whether to accept the applications. Mr. Aldridge stated that what they were looking at would be an "exception policy." Gerard Hudspeth asked about the Housing Tax Credit program. Ms. Ross explained how developers use the tax credits to support affordable housing projects. Mr. Aldridge asked for the vote. Eight members voted against allowing submission of the applications. Dorothy Watts abstained due to her absence during most of the discussion. Minor Repair Program Gordon Meredith gave a history of the City's Minor Repair Program. He stated that staff divides the available funding up so that money is available for repairs each quarter. The entire city is served by the program. Mr. Meredith noted that the income level for the MRP is 65% of median Page 34 or below which is a little lower than the City's Home Improvement or Homebuyer Assistance programs. Mr. Holl asked if the quarterly division of funding was strict. Mr. Meredith stated that funds from an upcoming quarter could be used if there were an emergency. Ms. Ross added that residual funding from other projects could be used if needed. Home Improvement Program Nancy Baker presented the request for funding for the City's Home Improvement Program. She stated that if funded at the requested level, staff planned to complete two reconstructs and six rehabilitations in the coming year. Staff completed six projects during the past year. Ms. Winn asked about the expected surplus and Ms. Baker indicated that she was correct, the $275,000 was the expected funding that would be left over in the current budget. Ms. Winn also suggested that CO2 alarms be included as part of any future rehabilitations or reconstructions. Ms. Baker indicated that this could be done. Mr. Jordan asked about the administration expenditures and how they amount of funding it takes to administer the program might be misconstrued. Ms. Ross explained that Ms. Baker carries out other activities besides this program and that the salary dollars that come from the CDBG/HOME administrative caps pay for those other activities as well as time spend on HIP. She added that staff could pull the time sheets and come up with a monthly average of time spent on HIP to give the committee a better administrative cost estimate. Mr. Hudspeth asked how the Minor Repair Program did with the funding they received in the past year. Mr. Meredith stated that they did have some funding left. He added that they assist approximately 30 households per year. Mr. Meredith commented that he felt the City was getting better quotes due to the recession. Ms. Ross also commented that new contractors were asking to participate in the programs. Cathy Tedrick asked if the funding committed to the programs is moved forward on an annual basis. Ms. Baker indicated that it does move forward. She also pointed out that the program slow down during the past year was due to a reduction in staff. HIP is going to be using an architect to assist with project development which should increase the number of units completed on an annual basis. Homebuyer Assistance Program Luisa Rodriguez-Garcia presented the request for the City's Homebuyer Assistance Program. She noted that funds were not requested the previous year due to the reduction in home purchases. However, she stated she has seen an increase in applications over the last six months. Also, previously, lenders were using other programs to assist their clients. This was often done because the City's HAP required that loan to income ratios are such that the homebuyer can actually afford the unit. Other programs did not have the same requirement. Ms. Rodriguez-Garcia stated that staff is asking for $250,000 for the program. Some of the funding will be used to complete non-FHA required repairs. This will assist in making housing units affordable and delay any major homeowner maintenance costs for at least five years. She stated that in the past, the City used Denton County Housing Finance Corporation and Federal Home Loan Bank funding for this purpose. Staff will continue to try to access these funds but will also use Federal CDBG and/or HOME if needed. CDAC members had various questions. Mr. Jordan asked if the repairs would increase the value of the home causing the sales price to go up. Mr. Rodriguez-Garcia indicated that the additional Page 35 repairs would be made after the unit was purchased. Mr. Hudspeth asked if staff was setting aside a specific amount for repairs or whether this would be open-ended. Ms. Rodriguez-Garcia said it would be about five units with no more than $5,000 each being spent on repairs. Mr. Holl asked about the program's default rate. Ms. Rodriguez-Garcia responded that it had been very low - only two buyers in the past year. Ms. Winn asked what about the average amount of assistance per homebuyer. Ms. Rodriguez-Garcia stated it was about $10,000. Ms. Watts noted that the racial/ethnic make-up of those assisted appeared to be somewhat disproportionate. She asked how the program was advertised. Ms. Rodriguez-Garcia stated that information is provided to the Board of Realtors and local lenders. Also, it is included in the "Monthly Housing Guide" that comes out in the Denton Record-Chronicle. Information is included in the CD Newsletter that goes out to neighborhood groups, churches and social service agencies. Ms. Rodriguez-Garcia stated that staff would attempt to expand marketing efforts, including providing information at the various community activities. Ms. Tedrick asked if the program used any particular lenders. Ms. Rodriguez-Garcia replied that lenders must attend training and agree to participate in the program. Mr. Hudspeth suggested that staff look at the individual households that inquire about the program or complete an application but do not receive assistance. This would give staff a better idea of the groups that might benefit from additional marketing efforts. Fairoaks Improvements Glenda Blackwell, Kathy Beightol and Barbara Burgin presented the Fairoaks funding request. Ms. Blackwell stated that they were requesting funds to install a new phone system that would allow residents to make emergency calls if needed, anywhere on the premises. This would help the senior residents to feel more secure. It was also noted that they are requesting funding for a Wi program to promote more exercise activities. Also, funding is requested to build a pavilion for resident's social and exercise activities. Ms. Beightol stated that they also receive funds from the Neighbor to Neighbor program at Kroger and other local sources. Barbara Burgin and Ms. Beightol discussed the Master Gardner program and how much the residents enjoyed the program. Additional information was requested from the presenters. Ms. Winn asked if they took advantage of the "free tree" program. Ms. Burgin indicated that they did and that they have planted quite a few trees on the property. Ms. Ross asked if the Wi equipment was installed or plugged in. Ms. Blackwell indicated that it would be plugged in rather than installed. Ms. Winn asked about the director's and service coordinator's part-time status. Ms. Blackwell explained that they work at several complexes managed by Plano Community Homes. Ms. Ross indicated that they would need the salary ranges for the PCH staff Mr. Holl asked about the "monitoring fee." It was suggested that Fairoaks staff check to see if the first monitoring fee was included in the installation cost. Mr. Jordan suggested that they prioritize their list of requests. Ms. Blackwell stated that the alarm system was their first priority. Ms. Beightol stated that the residents would probably put the pavilion at the top of the list. Ms. Tedrick asked if Fairoaks could require residents to wear the alarm pendants. Fairoaks representative said that they could not but that the residents were in support of the system so most would probably agree to wear the pendants. Ms. Tedrick asked about the SW corner location of the pavilion. Ms. Beightol stated that this area had the most shade trees. Mr. Hudspeth suggested that they use a local contractor and asked for the ethnic breakdown of the residents. Committee members asked what other funding was available to support these projects. Ms. Beightol stated that she would check on the availability of other funding. Ms. Tedrick noted that the budget indicates that Fairoaks has a deficit and asked how they planned to reverse that trend. Ms. Blackwell stated that the deficit Page 36 was due to funds from Fairoaks being used to support Fairhaven and that this is no longer the case. Documentation was requested by the committee. Ms. Melby indicated that the financial issues were probably due to Fairhaven. She noted that Fairoaks, a HUD-supported complex has always been full. Mr. Jordan suggested that they provide a profit and loss statement for the committee. Members continued to discuss the requests presented by Fairoaks and whether the Wi and alarm system were items that the organization might be able to pay for from other sources. Ms. Melby indicated that she was supportive of funding the alarm system. Ms. Benavides stated that perhaps the committee could provide some funding and Fairoaks could provide the rest. Mr. Aldridge suggested that the committee consider funding of the pavilion and the alarm system but not the Wi equipment. Members agreed to set the next meeting at 11:00 am on February 22°d. The meeting was adj ourned. Page 37 OFFICIAL MINUTES Community Development Advisory Committee Minutes February 22, 2010 Members present: Ron Aldridge, Sandra Benavides, Herbert Holl, Ray Jordan, Lisa Melby, Cathy Tedrick, Dorothy Watts, LaNelle Winn Members absent: Gerard Hudspeth Staff present: Barbara Ross Ron Aldridge called the meeting to order and stated that the committee needed to elect a chair and vice-chair. He asked for nominations. Herbert Holl nominated Ron Aldridge as chair. Dorothy Watts seconded the motion. The vote was unanimous, Ron Aldridge was elected CDAC chair. LaNelle Winn nominated Lisa Melby as vice chair. Ray Jordan seconded the motion. The members voted unanimously that Lisa Melby continue as CDAC vice-chair. Ray Jordan asked about whether the City would pay for re-occurring costs for an organization and whether that would be considered by the Community Development Advisory Committee (CDAC) or the Human Services Advisory Committee (HSAC). Members discussed costs associated with the Fairoaks alarm system. Ms. Ross indicated that if the alarm system were "installed" it would come through CDAC. However, payment of costs associated with the alarm system would be considered a "public service" and HSAC would consider that program. Denton City County Day School Improvements Eddie Garcia, Executive Director, gave the presentation for Denton City County Day School. Mr. Garcia invited the committee members to visit the school. He stated that they may serve low-income families but, they don't have to look low care. He stated that they have good compliance reports from the State when they are inspected. They offer their teachers the training that they need to do their jobs well. Mr. Garcia noted that other daycares even come to take a look at the facility. Mr. Holl asked what about the ratio of applicants to those accepted. Mr. Garcia stated that they tend to have more requests for service than they have spaces. Recently, they were able to take 36 children because some parents had lost their jobs and no longer needed to send their children to day care. They keep a waiting list but no one is currently waiting for service. Mr. Garcia noted that they take children that are two years old and potty-trained. He stated that their sliding scale fee goes from $60 per month to $88 per month. Most parents currently pay $60 per month and it doesn't go very far in paying the costs associated with providing the service. Ms. Ross asked about a comment Mr. Garcia had made regarding competition with other providers. She asked if they competed against for-profit day cares. Mr. Garcia explained that they accept Child Care Services funding from the State for some clients. He noted that some of the for-profit day cares also accept families that are accessing this funding for child care. So, there is some competition. Mr. Jordan asked how they differentiate themselves from Fred Moore Day Nursery. Mr. Garcia stated that if you look at the State reports, you will see a difference in the number of violations each agency has. Ms. Tedrick asked about the difference in the population served. Mr. Garcia Page 38 indicated that Fred Moore serves more African Americans, possibly due to the neighborhood in which they're located. Mr. Jordan asked if there was a difference in services. Mr. Garcia responded that Fred Moore provides infant care. Mr. Garcia was asked about the funding he received in 2009 and whether those funds had been spent. He indicated that the roof had been done and they are working on the other improvements. He stated because the children were in the facility during the week, he had to find contractors that would work on the weekend and that was sometimes difficult. Mr. Jordan indicated that the City had provided over $180,000 for improvements and repairs to the facility. He asked when these improvements/repairs would become part of the agency's operating expenses. Mr. Garcia responded that they were rent-free but, because they charge the families so little, they would probably have to continue to ask for funding to upgrade the facility. They also get assistance from the Denton Benefit League. Ms. Tedrick asked about funding from other organizations and Mr. Garcia gave a listing of the organization from which they request funding. Members had some additional questions. Ms. Melby asked if the lighting and water heaters couldn't be provided by other programs. Mr. Garcia indicated that some programs are too specific regarding how the funding has to be spent. Ms. Winn asked if the rates were per family or individual child. Mr. Garcia stated that the rates were per child and had to be that way to support the services provided. Ms. Tedrick asked about the canopies and if the organization had a reserve. Mr. Garcia responded that the canopies were similar to those out at James Woods and that they had a three month reserve. Ms. Ross asked about placing a lien to protect the City's investment. Mr. Garcia indicated that this could be done. Fred Moore DU Nursery School Jason Adamson, president of the Fred Moore board of directors, introduced himself. Carol Rowley, treasurer, also introduced herself Mr. Adamson explained the work included in the "first phase" and the "second phase" of the Fred Moore renovation. Mr. Holl asked if this was a capital campaign or a "pay as you go." Mr. Adamson indicated that they were requesting funds from several sources including the Speedway and the Meadows Foundation. He noted that Fred Moore had to give up previous money allocated by the City and the Meadows Foundation due to agency financial issues. Mr. Adamson noted that board members and parent volunteers had worked on the playgrounds to make sure they were safe and in good condition. Ms. Tedrick asked if they had received funds from the Meadows Foundation in the past. Ms. Rowley responded that they have received these funds for operations not for capital improvements. Ms. Winn asked some questions regarding the type of roof that would be installed. Mr. Adamson stated that attachment D had this information. Ms. Winn also asked about the energy efficient ratings on the work that is going to be done and also suggested that they make sure that the electrical work allows for the use of computers as needed. Mr. Adamson discussed the facility's use of computers and the purpose of the electrical upgrade. Ms. Ross asked if the school district still "owned" the property and would it be possible for the City to place a lien on the property. Mr. Adamson and Ms. Rowley explained that Fred Moore Day Nursery School had control of the property as long as the use did not change. They have Page 39 considered asking the school district for a warranty deed and agreed that this could be requested from the district. Mr. Jordan commended the Board on their efforts to turn the school around. Ms. Tedrick asked about the new executive director. Mr. Adamson indicated that Alonzo Peterson, the new ED was not feeling well today or he would have been at the meeting. He noted that Mr. Peterson had previously been with MADD and The Bridge and had some good experience providing needed services. Ms. Ross asked about recent correspondence from the IRS. Ms. Rowley assured the CDAC that all payroll taxes have been paid by Fred Moore. She was now working to pay a penalty due to late filing but felt that this would only be about $600. Ms. Tedrick asked about their reserves. It was indicated that the organization intended to begin building a reserve fund. Denton Affordable Housing Corporation Rental Improvements Program Jane Burda Provo, executive director, presented DAHC's request for funding. She stated that last year DAHC requested funding for improvements to their rental properties. They want the properties to last and be welcome in their respective neighborhoods. DAHC has attempted to spread their rental units around and not put them all in one neighborhood. Ms. Provo requested assistance to renovate eight units. She provided the committee with information on the other organizations and programs that DAHC works with. Ms. Provo stated that DAHC is requesting for $20,000 for operating funds and $67,000 for rental unit Improvements. Ms. Winn asked if the units were in priority order. Ms. Provo stated that they were not. She added that if the City was not able to fund the full amount, they would take something from each unit. Ms. Winn also asked about the bathtubs and Ms. Provo explained about how they will be "re-enameled." Ms. Tedrick asked if the agencies that DAHC worked with are responsible when their clients damage a unit. Ms. Provo responded that MHMR had some crews that do routine things but that is the only time the agencies are involved in any maintenance. The committee and staff had several additional questions: • Ms. Ross asked about any matching funds that might come from these projects. Ms. Provo stated that there might be some Denton County Housing Finance Corporation funding that would also be used for rental improvements and could be used as match. • Ms. Tedrick asked how many units DAHC managed. Ms. Provo stated that they own and manage 80 units. • Mr. Jordan asked about the length of a lease with MHMR clients. Ms. Provo stated that they renew leases annually. • Ms. Watts asked about whether they wanted to redirect the use of their 2008 funding that has not yet been spent. Ms. Provo responded that they want to redirect their remaining 2006 and 2007 funding to rental improvements but would leave the 2008 for the Affordable Housing Opportunity Program (AHOP). This would be an additional $187,000 for rental improvements. Page 40 • Ms. Tedrick asked if the organization had any "reserves" to repair rental properties or if they plan to sell their older properties. Ms. Provo stated that they do have some reserves but that they often use it so there is not much left. Mr. Provo also indicated that DAHC does not plan to sell their older properties. Mr. Jordan noted that it appeared they were requesting funds when they are not needed. Ms. Provo and Ms. Ross explained the HOME program requirement that 15% of all non- administrative funding be provided to a Community Housing Development Organization (CHDO) for projects and programs. Ms. Ross asked that if home buying is on the rise, shouldn't the AHOP program be continued. Ms. Provo noted that they would be keeping the 2008 funding to continue the AHOP. Park and Recreation Projects - Mack Park Shelter, MLK ADA Parking, Quakertown Park Sidewalks Bob Tickner, PARR, reviewed the requests for funding. He stated that the Quakertown sidewalks project was the result of comments at the public hearings. Mr. Tickner stated that a City Council member had requested funding for the accessible parking at MLK. He described the project. Mr. Jordan asked how this project met the low-income requirement. Mr. Tickner showed the committee the service area and indicated that it was a low to moderate-income area. Members discussed the surrounding area including the student population and families that could potentially use the sidewalks. Ms. Tedrick asked Mr. Tickner how he would rank the projects. He indicated that Mack Park is needed and that they would eventually have to deal with the accessible parking situation at MLK. Some capital improvement funds might be available to help with the Quakertown sidewalks if they were only partially funded. Engineering - Sewer, Water and Sidewalk Projects Becky Guthrie, Engineering Department, handed out a correction to the funding requested for the various sewer, water line and sidewalk projects. She reviewed each project and indicated that the funding reduction on some projects was due to some work that they were doing now. This work will reduce the size, and therefore the cost, of some of the proposed sewer projects. Ms. Guthrie noted that the sidewalk projects were also submitted last year. There were a few questions for Ms. Guthrie. Mr. Holl asked how much the reduction was. Ms. Guthrie responded that it was about $180,000 less. Ms. Ross asked if the projects were prioritized. Ms. Guthrie indicated that they were in priority order. Mr. Holl asked what funds were used for other capital improvement projects. Ms. Guthrie responded that they were usually funded by revenue or utility bonds. Mr. Holl explained that these projects could also be funded with those sources but the use of Federal funds adds to what they are already have available to build. Mr. Holl then asked about a $21,000 proj ect that was included in the application. Ms. Guthrie stated that the project was included in the Egan Street total. The committee members and Ms. Ross discussed the date and time of the next meeting. It was agreed that the committee would meet at noon, Monday, March l't to develop recommendations to the City Council regarding which projects should be funded for the 2010-2011 program year. The meeting was adjourned. Page 41 OFFICIAL MINUTES Community Development Advisory Committee Minutes March 1, 2010 Members present: Ron Aldridge, Sandra Benavides, Herbert Holl, Gerard Hudspeth, Ray Jordan, Lisa Melby, Cathy Tedrick, Dorothy Watts, LaNelle Winn Staff present: Barbara Ross, Angel Delgado Ron Aldridge, chairperson, called the meeting to order. He asked if there were any questions regarding the minutes from February l't and February 22°d. Cathy Tedrick moved that the both sets of minutes be approved as written. Sandra Benavides seconded the motion. The motion was unanimously approved. Barbara Ross provided information regarding Fairoaks. She stated that currently there is some confusion regarding ownership. Plano Community Homes (PCH) manages the complex but, there is no longer an active Fairoaks and Fairhaven Board of Directors. Ms. Ross stated that Lee Ann Hubanks of Plano Community Homes is waiting on the US Department of Housing and Urban Development to determine whether the ownership of the property can be transferred to PCH. Ms. Ross added that she had explained to Ms. Hubanks that she was going to recommend that the activity not be funded until the ownership issue was settled. Members discussed the risks of funding a project where the non-profit did not have a decision-making body in place. Mr. Aldridge suggested that the committee not fund the project. LaNelle Winn made a motion that the CDAC would not recommend funding of the Fairoaks Improvement Project. Ray Jordan seconded the motion. The motion was approved 8 to 0 with one abstention by Herbert Holl. Members reviewed the Funding Recommendations Chart and discussed each of the activities and suggested funding amounts: • It was agreed that Denton Affordable Housing Corporation would received the required 15% CHDO cap of $87,386. • Members discussed the Denton City County Day Care request. Lisa Melby suggested that they remove some work items that had been installed recently. Ray Jordan indicated that he felt the canopy was not a necessity. Ms. Melby stated that the canopy was needed. Ms. Tedrick stated that the exterior lights were needed for security. Mr. Hudspeth commented that the facility was not used at night. Ms. Benavides and Ms. Winn felt that the lights are necessary for safety. Mr. Holl indicated that he thought all items in Phase I should be funded but would agree to take out the restroom sinks and cabinets. Members agreed to fund the water heaters, resource room, exterior lights and the canopy. • During the discussion of the Fred Moore requests, members brought up ownership of the property. Ms. Ross stated that she would request that the Fred Moore Board talk with Denton ISD regarding issuance of a warranty deed to give Fred Moore possession of the property. This would allow the City to place a five-year lien on the property to protect the City's investment of CDBG funding. Ms. Ross explained that the CDBG funds required Page 42 that the program continue for at least five years after facility improvements or longer if higher levels of funding are allocated. Members looked at the "Phase One" improvements. They agreed that roof repair, HVAC, door and window replacements were the top projects. Later members agreed that the plumbing, electrical and entry refraining should also be recommended for funding. • Parks requests were discussed. Ms. Winn stated that she felt the Mack Park shelter was a priority. Ms. Benavides noted that the park was used for the summer meals program and that many children from low-income families are served by the program. Mr. Holl noted that both the shelter and the Quakertown sidewalks had a significant service area because if you are able to access the park, you can also access the facility. Mr. Ross noted that the Quakertown sidewalks were brought up at the public hearing as a need for those walking in the area to schools, the park, etc. Mr. Hudspeth asked about the MLK Center's accessibility. Members discussed the facility and the need for the accessibility improvements. It was agreed, at this point in the discussion, to include all three projects in the recommendations. • The Home Improvement Program was discussed briefly. Members asked Ms. Ross if costs were increasing. Ms. Ross indicated that even with the economic slowdown, construction costs were increasing on the homeowner rehabilitations and reconstructions. She noted that CDBG and HOME were currently the only City funds used for housing programs. • Engineering requests were reviewed. Members discussed which projects - sewer, water or sidewalk - were most important. It was noted by Dorothy Watts that if the sewer is damaged or not working properly, it could cause residents major problems. It was noted that the projects were submitted in priority order. Members agreed to try to allocate funding to complete both phases of the Ruth Street project. • Mr. Jordan stated that he felt the Minor Repair Program was a priority. • Members asked about the Homebuyer Assistance Program and whether families were purchasing homes. Ms. Ross said the program has picked up significantly in the last two to three months. Possibly due to the tax credit program. Members agreed to recommend full funding to the Home Improvement, Homebuyer Assistance and Minor Repair programs. Since Parks staff had indicated that there might be some sidewalk funding available to assist with the Quakertown sidewalks, members agreed to recommend partial funding. Members reviewed the funding recommendation sheet prepared by Angel Delgado. Herbert Holl made a motion to accept the recommendations as discussed, Lisa Melby seconded the motion. The motion was approved unanimously. Mr. Aldridge thanked the members for their service. The meeting was adjourned. Page 43 UNOFFICIAL MINUTES Community Development Advisory Committee Minutes April 5, 2010 Members present: Ron Aldridge, Sandra Benavides, Herbert Holl, Ray Jordan, Lisa Melby, Cathy Tedrick, Dorothy Watts, Members absent: Gerard Hudspeth and LaNelle Winn Staff present: Barbara Ross Ron Aldridge, CDAC chair, called the meeting to order. He asked if there were any corrections or additions to the minutes of March l't. Barbara Ross noted an error in the second paragraph and stated that she had made the correction. The minutes were approved as corrected. Mr. Aldridge moved to the second agenda item which was the request by Denton Affordable Housing Corporation to change the use of their remaining 2006 and 2007 funding allocations from the Affordable Housing Opportunity Program (AHOP), to rehabilitation of their affordable rental units. Herbert Holl stated that for the purposes of discussion, he would move to approve the request from DAHC. Sandra Benavides seconded the motion. Ms. Ross stated that Gerard Hudspeth, who was not able to attend the meeting, suggested that the funding be provided to another organization. Lisa Melby asked if the funding could be given to another project or organization since DAHC had not been able to spend the allocation in a timely manner. Ms. Ross reminded members that at least 15% of each annual HOME allocation was required to be provided to Community Housing Development Organizations (CHDOs). DAHC is the only CHDO that has been certified by the City of Denton. She added that DAHC had received more than the required 15% so some of the funds could be reallocated, but the 15% could not. Ms. Benavides stated that she was reviewing the 2010 request from DAHC for funding to renovate rental units. Ms. Benavides commented that she went out and looked at the units to be renovated. It appeared that the units did not need some of the improvements that were included in the recent funding request. She specifically mentioned the siding, window screens and rain gutters as items that, when she looked at the units, didn't appear to be needed. The items were already in place or the unit was brick and therefore wouldn't require siding. Ms. Ross told the members that Community Development staff would go out and inspect the units prior to the start of construction to ensure that the repairs were needed. Mr. Holl asked what the ramifications of either decision would be. He asked if the funding would have to be returned to HUD. Ms. Ross indicated that any of the 15% CHDO allocation that was not spent would go back to HUD. She also noted that there are commitment and expenditure requirements for the HOME program. If these are not met, the City could lose the funding. Ray Jordan commented that the funding was originally requested and allocated to a homebuyer program, but that this would be a totally different use of funds. Ms. Ross noted that staff would have to monitor the rental units for about ten years. This is why, in the past, they have tried to stay away from rental programs. Mr. Jordan asked about the increase in administrative costs that Page 44 would result from the additional monitoring by staff. Ms. Ross responded that it would certainly take more staff time than the AHOP, but, that there would be no additional administration funding. Staff would just have to add in the additional work. HOME allows 10% for program administration and that is what CD uses to pay personnel costs associated with HOME program activities. Mr. Holl asked how DAHC would handle the need for repairs to these units if the funding was not reallocated. Ms. Ross responded that she wasn't sure but, that they would probably look for funding elsewhere. DAHC would have to make some repairs immediately and would probably just do the worst-case units first. She added that another reason DAHC is requesting the reallocation, is to spend the funds more quickly. Mr. Jordan asked for more detail regarding how they planned to use the funding. Ms. Ross indicated that staff could get this information from DAHC. Ms. Ross noted that DAHC has received high marks from HUD officials that have monitored the agency. Mr. Aldridge called for the vote. Four members voted in favor of the reallocation of funds to the rental unit improvements. Three members opposed the reallocation. The request for reallocation of funding was approved. Ms. Aldridge asked Ms. Ross to explain the final agenda item - the additional funding to be allocated. Ms. Ross stated that the City had received official notification from HUD regarding the 2010-2011 CDBG and HOME allocations. The actual allocations differ from staff estimates. The CDBG allocation is approximately $34,000 more and the HOME allocation is about $4,000 less. After subtracting the 15% set aside for human services, determining the appropriate administration percentages, and substituting CDBG funds for the decrease in HOME funding, there is an additional $18,170 in CDBG to be allocated. Ms. Ross also stated that LaNell Winn, who was not available to attend the meeting, said that she would like to see additional housing improvements funded. Mr. Aldridge pointed out that all the housing programs had received full funding. Members discussed the Quakertown Sidewalk project that previously had not received full funding. Cathy Tedrick moved that the additional funding be allocated to the sidewalk project. Ms. Melby seconded the motion. The motion was approved unanimously. Members briefly discussed setting up sub-committees during the next funding cycle. Each subcommittee would be responsible for actually going to the various project sites to help determine the level of need for the project. Members agreed that it would help the committee members to have more confidence in their recommendations. The meeting was adjourned. Page 45 OFFICIAL MINUTES Approved by Committee 2/4/2010 Human Service Advisory Committee Meeting November 5, 2009 Members Present: Megan Stoker, Maria Minerva Vill anu eva- Simental, Teddy Griffin, Mary Behrens, Steve Pogue, Dr. Richard Stream and Mary Ann McDuff Members Not Present: Barbara Brown, Jan Hillman, Angie Jester and Mari Metzgar Staff Present: Barbara Ross and Alma Espino Meeting was called to order and staff welcomed members and asked the members to introduce themselves and state how long they had participated on the committee. Ms. Espino asked for nominations for chair and vice chair. Ms. McDuff nominated Steve Pogue for chair. Dr. Stream seconded the motion. Mr. Pogue was elected by acclamation. Steve Pogue nominated Mary Ann McDuff for vice chair. Dr. Stream seconded the motion. Ms. McDuff was elected by acclamation. Chair Steve Pogue asked staff to provide HSAC funding history. Ms. Espino discussed funding history and CDBG and general funds. Ms. Ross added that funding had changed in 2005-06 fiscal year, when the city had changed to funding per $1 per capita method as other cities in the area. Mr. Pogue added some of the history of the Human Services Advisory Committee. He added that most of the agencies funded were only asking for a small portion of their total budgets, but that the funds assisted the agency in receiving other funds. Dr. Stream mentioned regarding the possibilities of touring some of the agencies. Ms. Espino stated that this had been mentioned previously and that the agencies welcomed a visit and all a member had to do was to call an appointment to tour the facility. It was agreed that Ms. Espino would contact the agencies to let them know about a possible visit from members. Members discussed the Human Services Advisory Committee (HSAC) procedures, application, assessment tool, and hearing format. Ms. Espino advised the committee regarding application training for agencies planning to apply for 2010-11 Human Services funds. Application would be made available to the agencies in November and would be due January 18, 2010. Staff would make the applications available to the committee via binders or via flash drive. Staff will contact committee to determine what is preferred. Ms. McDuff mentioned that another committee member had a concern that they could not highlight areas on the application. Ms. Espino stated that the flash drive would provide the applications in PDF format and committee members could bring their laptops to the meetings. Committee had no changes to the application or assessment tool. Staff reviewed last year's agency hearing format. The committee members agreed that the format had worked well. The committee was in agreement with the format as follows: 1) Presentations will be 5- minutes long for organizations to present relevant agency and funding facts not included in the application, 2) Committee members will ask questions for up to five minutes, 3) No more than two representatives are asked to appear and should bring a copy of their application for reference, 4) Organizations are requested to arrive 30 minutes ahead of schedule, 5) additional handouts are not required at the presentations. If handouts are desired by the organizations for the presentations, Page 46 applicants are requested to forward them via e-mail to staff or leave them for the HSAC to review after the presentations. The HSAC requests that handouts not be distributed during the presentations. The following meeting dates were selected: Application Workshop Sessions, Start Time 9 a.m. Thursday, December, 3, 2009 Friday, December 4, 2009 *One workshop session is mandatory for organizations wishing to submit an application. HSAC Application Presentations, Start Time: 6 PM Thursday, February 4, 2010 Thursday, February 18, 2010 HSAC Funding Recommendation Meeting, Start Time: 6 PM Thursday, February 25, 2010 HSAC Tentative Meeting, Start Time: 6 PM Thursday, March 11, 2010 The meeting was adjourned at 7 p.m. Page 47 OFFICIAL MINUTES Approved by Committee 2/18/2010 Human Service Advisory Committee Meeting February 4, 2010 Members Present: Megan Stoker, Maria Minerva Vill anu eva- Simental, Teddy Griffin, Mary Behrens, Steve Pogue, Jan Hillman and Mari Metzgar Members Not Present: Dr. Richard Stream, Mary Anne McDuff and Barbara Brown Staff Present: Barbara Ross and Alma Espino Chair Steve Pogue called the meeting to order and members were asked to introduce themselves. City of Denton Handbook for Boards, Commissions and Council Committees Alma Espino handed out the handbook and provided a brief explanation for the handbook. Approval of Minutes from November 5, 2009 Mr. Pogue asked if there were any changes on the minutes. Hearing none, he asked for a motion. Mary Behrens made the motion to approve the minutes from November 5, 2009. Megan Stoker seconded the motion. The minutes were approved as written. Discussion and Recommendation of People's Clinic remaining funding for the 2009-10 FY The committee discussed the People's Clinic remaining funding for the 2009-10 FY. Ms. Espino explained the City currently has a funding agreement with the People's Clinic. They have a significant amount of funding that has not been spent and their board has voted to dissolve the non-profit. Health Services of North Texas (formerly AIDS Services of North Texas) has agreed to take their assets and continue to provide health services to the indigent population. The committee's recommendation would allow People's Clinic remaining funds, of $11,170.49, to be reallocated to Health Services of North Texas. The funds will be utilized for the same purpose as stated in the People's Clinic's contract. The committee decided to hold off taking a vote until Health Services of North Texas made their presentations and they could ask some questions about this request. Discussion of Human Services Applications Committee members asked why no new applicants had applied. Ms. Espino explained that three mandatory application trainings were held and there had not been many new agencies. She had spoken to several and had advised them that the application process was competitive and the general requirements to apply. Ms. Behrens asked how agencies report throughout the year. Ms. Espino stated that funded agencies are reimbursed on a monthly or quarterly basis. Backup for the request must be provided. Agencies are required to provide a cost allocation plan, proof of insurance coverage, monthly financial reports, minutes and agendas for board meetings. They also provide quarterly beneficiary reports, performance reports, and proof of payroll tax payments. Agencies are desk monitored and based on certain risk factors, will determine whether a site monitoring visit is needed. In 2009, Denton City- County Day School, Health Services of North Texas (formerly AIDS Services of North Texas), Family Health Care, Denton County Friends of the Family, SPAN, Inc. and Fred Moore Nursery School were monitored on site. Only one monitoring visit is still ongoing. Page 48 2010-2011 Human Services Applicant Presentations: Denton City County Day School Eddie Garcia, Executive Director, introduced himself and introduced Jack Carlisle, board member with over 20 years on the board. He provided a brief history of the day care and the facility. Mr. Garcia stated that the school serves 50+ low to moderate income families. DCCDS not only provides a safe and positive environment for children, but it helps to transition the children to kindergarten. DCCDS is required to comply with the same requirements as for-profit day cares and the school has never been cited and has passed all required State inspections. The most helpful service that DCCDS provides is the care and consistency of teachers who continue their employment at this facility. Mr. Carlisle added that DCCDS is more than babysitting and this is why the name was changed from daycare to school. The board has long term members, each with more than 7 years of service. Ms. Stoker stated that good childcare continues to be a huge need in the community. Many parents are looking and it is not readily available. Barbara Ross stated that the City of Denton is currently working on the Five (5) Year Consolidated Plan and based on current surveys, childcare is still listed as a need in the community. Ms. Espino stated that a United Way needs assessment may also soon be in the works within the community. Health Services of North Texas (formerly AIDS Services of North Texas) Susan Stambaugh, Director of Clinical Services and Kevin Spicer, Nutrition Center Coordinator, introduced themselves. Continued Discussion and Recommendation of People's Clinic remaining funding for the 2009- 10 FY Ms. Stambaugh, per committee's request, provided general information regarding the acquisition of the People's Clinic. A building has been rented just down the street from their current office on Mesa Drive, which will provide low-cost health care to Denton County residents. People's Clinic remaining funding will be used in the same manner as stated in the People's Clinic contracts. The acquisition will allow People's Clinic to access Health Services of North Texas infrastructure. As soon as the new clinic location is ready, Health Services of North Texas will move all of their medical staff to 4310 Mesa Drive and begin offering medical care to the public. Once the proper billing mechanisms are in place HSNT will also be offering care to individuals and families with Medicare, Medicaid, and most private insurance plans. The agency's goal is to offer high quality medical care to people at all income levels. Health Services of North Texas (formerly AIDS Services of North Texas) Per the Human Services application request, the food pantry continues to provide a much needed service in the community. The number of persons, who are HIV+, continues to increase. Funding available is mainly being made available to health services. The food pantry provides supplemental supply of food to help ensure clients receive the proper amount of nutrition they need to stay healthy. A week worth of food, or a SHOP, can provide up to 7 meals. Health Services of North Texas provides services in Denton, Collin, Rockwall and Kaufman counties. This request is asking for funds for hygiene for HIV+ persons and unreimbursed medical expenses incurred by the HSNT medical care program for low to moderate income residents of the city of Denton. In Denton, services are provided in one office. Even though the county does not have a county hospital, HSNT staff takes the initiative to find services for clients. Based on needs for clients, Page 49 HSNT has found a sleep clinic to take clients at a reduced rate. This includes the breathing machine the client will need. Staff has also obtained the services of an optometrist. Mari Metzgar asked what the average age was for HIV+ clients. Ms. Stambaugh stated that it was the 40-60 age group, though the 18-24 age group was growing fast, not currently in Denton, but in Plano. Also, another new group is senior citizens. The concern is that they are not being diagnosed as quickly. A current client was not diagnosed for a year. Mr. Pogue asked if it was true that half of AIDS cases are African Americans. Ms. Stambaugh replied that this is not the case in this area. The largest group remains white males. Mr. Pogue asked if any African Americans were on their Board. Ms. Stambaugh stated that there were some African American members representing Dallas. Mr. Pogue asked if churches in the area were getting involved. Ms. Stambaugh stated that the churches have been a great help to the organization. Usually churches predominately a certain race help in areas where there is a higher % of the race that are HIV+. Family Health Care Patrice Capan introduced herself as Executive Director of Family Health Care. She noted that they have admitted 240 women into the clinic and 38 are low income. The 38 women average 4 visits to the clinic. City funds have been utilized to help women who are in the process of getting on Medicaid, since the process can take from 3 to 4 months. It is important to be seen during this time to receive proper prenatal care. City funds allow the clinic to assist the client while they are waiting on other funding sources. Due to funding issues with Medicaid, the clinic has taken a great hit on their funding. Ms. Metzgar stated that the statistics on birth weight were very impressive. Ms. Capan stated that prenatal care and education were very important. Ms. Ross asked when the agency would be moving into their new facility. Ms Capan stated that another hospital has made a counter offer and they are working to make a final decision on where to move. Ms. Metzgar asked about high risk pregnancies. Ms. Capan explained that physicians will not accept a client that is 5 months pregnant or high risk. Examples of high risk patients include persons with diabetes or those under the age of 16. The clinic currently has contracts with two physicians to complete deliveries. A nurse practitioner, at the clinic, provides all other care and visits. The committee agreed that the clinic was doing a wonderful job. Ms. Stoker asked who the physicians are. Ms. Capan stated DeCarlo Noble, MD (Presbyterian) and Lori Harvey, DO (Denton Regional). Children's Advocacy Center of Denton County Dan Leal, Executive Director and Charles Stafford, Advisory Council Chair and Founding Board President, introduced themselves. Mr. Leal discussed the agency's history. In 1994, the county had a sex offender conviction rate of 8%. Now due to agency collaborations, the conviction rate is more than 70%. The agency is a great model of collaborative services. Last year, CACDC served 1753 persons and 20% were from the city of Denton. The agency is located in Lewisville, but has a satellite office in Denton. Page 50 Ms. Metzger asked regarding the reason for requesting more funds and their efforts to obtain more funds. Mr. Pogue asked that the "fair share" funding be explained. Mr. Leal explained that the "fair share" funding had been requested a couple of years before the City of Denton decided to award the agency these funds. This allocation approach requests that each municipality, whose residents use the services of the Children's Advocacy Center for Denton County, pay a portion of the operating expenses that is proportional to the use of services. The Denton Police Department provided a comparison of what the costs would be if the police department had to provide the services. The Center is providing an important service that the City of Denton Police Department could not provide without expending more money than what the CACDC is requesting from the city. The expert forensic interviews, partner agency coordination, training and specialized counseling provided by the organization are valuable to the criminal justice process. Due to the City of Denton funding, several cities have followed suit and are providing "fair share" funding. Mr. Pogue asked why there weren't more board members from the city of Denton. Is it harder to get persons from the city of Denton due to the office being in Lewisville? Mr. Leal stated that one member resides in Denton and several others work in Denton. The board is currently considering an application for a board member from the city of Denton. Mr. Pogue asked about the "fair share" letter provided to City Council and would the CACDC provide some input. Mr. Leal agreed to review. HOPE, Inc. - Homeless Management information System (HMIS) Barbara Atkins, Executive Director of HOPE introduced herself and Carl Seiler, Project Coordinator, who manages the HMIS. Ms. Atkins described the services provided by HMIS. HMIS reports information regarding social service agencies serving the homeless. Mr. Seiler provides tech support to local agencies. The program assists with data sharing and duplication. Agencies requesting federal and state funding are required to utilize the HMIS data system. The program is managing data for over two million in funds in the area. HOPE, Inc. - Transitional Housing Ms. Atkins state that there are over 600,000 homeless and 135 million children, the hidden homeless. The numbers are growing. Ms. Atkins also described continued funding, new funding received, goals of the agency and how they plan to strengthen the agency to utilize the funds. Their board is currently working on various items that include a strategic plan and the expansion of current office space. HOPE is currently coaxed out of space in the office due to the hiring of new staff to manage new grants. Ms. Atkins stated, that if funded, if HOPE could be provided general funds instead of CDBG funds. Due to regulations from the U. S. Department of Housing and Urban Development, rental assistance can only be provided with CDBG funds for up to 3 months. Since the program provides services 12-24 months, CDBG's three-month limitation is causing some problems. Ms. Metzgar asked what transitional housing is. The Transitional Housing Program provides case management and financial assistance to client families who are exiting emergency shelter and federally defined as homeless for 12-24 months. Ms. Metzgar asked if this meant that the program had housing at different sites. Ms. Atkins replied that through collaboration with Denton Affordable Housing Corporation, twenty scattered site units at rents far below market rate are available. Mr. Pogue asked if it was correct that 300-500 families are estimated to need the service and only five (5) families are assisted and 10 additional families are provided follow up services, then what Page 51 happens to the rest. Ms. Atkins stated that other funding sources have been obtained and collaborations with other agencies have also been able to help. Mr. Pogue asked what agencies are members of the HMIS. Ms. Atkins stated that Department of Mental Health and Mental Retardation, Health Services of North Texas, Christian Community Action, HOPE, Inc. and Salvation Army. Mr. Seiler stated that by accepting a certain grant, the agency is agreeing to input data into HMIS. The agencies input homeless data that is then reported to congress. Ms. Atkins stated that the City of Denton had great staff and noted the work they had done and were doing with the Homelessness Prevention and Rapid Rehousing grant Ms. Espino mentioned that the Denton County Homeless Coalition is currently working on unofficial homeless count and the data would be made available on the City of Denton's website. Camp Summit Lisa Braziel, Camp Director and Pam Chicol, Director of Development introduced themselves. Ms. Braziel stated how their programs assist families and benefits the individual being assisted. The program offers weekend, fall, spring and summer camps to adults and children with disabilities. They are now offering a spring break camp for up to 80 campers. This funding is very important because over 90% of campers receive financial help to attend the camp. Otherwise these persons would be unable to attend the camp. Over 70% of campers are adults and 30% are children. She described a specific camper's experience and how these funds helped send him to camp. Many times this is the only social and recreational activities available. Ms. Metzgar asked what amount of the 21 residents of Denton served were adults. Ms. Braziel stated that she believed that it was 70% adults, but without the actual data she couldn't provide an exact percentage. Ms. Metzgar asked if any of the campers were from Denton State School. Ms. Braziel stated that 6 or 7 campers are from the school and they are working to recruit more. 09-10 HSAC Application Evaluation Mr. Pogue asked if staff had any direction about what were the most important needs in the community. Ms. Espino stated that based on the data she had seen all the agencies needed the funds. Ms. Ross stated that based on her current surveys, emergency housing continues to be a great need, but other funding has been obtained to help with this need. The committee asked about the role of the Community Development Advisory Committee. Ms. Ross explained that the committee addressed more of the brick and mortar projects. This includes housing, public improvements and economic development. For housing this can include Homebuyers Assistance Program, Home Improvement and Minor Repair, Denton Affordable Housing Corporation and Habitat for Humanity (who did not apply this year). Public improvements can include repairs or improvements to social service agencies who provide services (ex: daycares), park improvements, streets, sewers, etc. The committee requested information on how much funding was available. Ms. Espino provided the figures that were funded last year, but the general fund amount is based on City Council discretion. Page 52 Court Appointed Special Advocates (CASA) of Denton County Mr. Pogue asked if there was a conflict of interest if his wife volunteered for the CASA agency. Ms Ross stated that since compensation was not involved it was not an issue but noted that he might not want to vote on the CASA funding. Sherri Gideon, Executive Director introduced herself. Ms. Gideon stated that the agency has been continually recognized for their excellent programs, leadership, board fundraising and management, volunteer of the year, and their program has been recognized as Best Practices for training volunteers. They are working to develop a model. The board is reviewing their strategic plan and the organization is always looking for ways to improve. There is tenure in staff and the board. Why fund CASA? The agency is a good investment in partnership. The funds requested go to services for the children. The agency holds 45 days in reserve and funding continues to be important due to the economy. Ms. Metzgar asked what their main funding raising events are. Ms. Gideon stated that they have two main fundraisers and are involved in several third party events. Ms. Metzgar asked if board members were involved. Ms. Gideon stated that board members and one staff member were responsible for the two events. Ms. Metzgar asked if board members were required to donate a % of funding. Ms. Gideon answered that 100% of board members have donated since 2005. PARD Playground Programs - Owsley and Kings Kids Day Kamp Summer Programs Kathy Schaeffer introduced herself. She explained how the Owsley and the Kings Kids Day Kamp summer programs work. The programs provide a day camp at Martin Luther King, Jr. Recreation Center and at the Denia Recreation Center for poverty income level children. Due to renovations to Denia, the Owsley program may be held at a pavilion in Owsley Park that is currently being constructed. Mr. Pogue asked what would happen if they didn't receive funding. Ms. Schaeffer stated that other funding had been available in previous years, but due to the economy those funds may not be available. Currently they serve 42 children per camp and this last summer had a large waiting list. The reduction or the loss of funding would mean a lower number of children served. It might also mean combining programs. Mr. Pogue asked what response the parents have had about the programs. Ms. Schaeffer stated that evaluations are completed at the end of the camp and that parents are very appreciative of the camps. It offers a child a lunch, mentoring and positive role models. Ms. Metzgar asked when the program was started and has it ever been totally funded with City funds. Ms. Schaeffer stated the Owsley program was started in 1993 as a drop in program. The Kings Kids Day Kamp was started in 1994. Usually funds have come from CDBG, or the Parks Foundation and some general funds. As funds get tighter, this may not be a possibility. Ms. Ross added that these programs were started by Parks and UNT, who use to provide some of the programming. Ms. Schaeffer added that it used to be held in a trailer in the Owsley neighborhood area. The program has been scaled back due to loss of funding. Page 53 Ms. Behrens asked when the program starts and ends. The 2010 program will start June 07, 2010 and end August 20, 2010. Ms. Stoker asked if it was usually the same group of kids. Ms. Schaeffer stated that attendance is required and when a child drops, another is added from the waiting list. Ms. Metzgar asked how much the parents pay. Ms. Schaeffer stated that last summer parents paid $7 a t-shirt for the child. This summer they are asking the parent(s) to pay $10. She added that the parent(s) are required to document their poverty income level. Ms. Ross asked about the pavilion in Owsley Park. Ms. Schaeffer stated that the park is being reworked to fit in a pavilion, basketball court and a playground area. Ms. Hillman stated that this group cannot go out and fundraise. Ms. Schaeffer stated that via the Parks foundation they could, but that the foundation is targeting athletic scholarships. Discussion and Recommendation of People's Clinic remaining funding for the 2009-10 FY Mr. Pogue motioned that a recommendation be approved to transfer remaining funds from the People's Clinic to Health Services of North Texas. The motion was seconded by Ms. Metzgar and approved by members. Maria Minerva Villanueva- Simental moved that the meeting be adjourned. Mr. Pogue seconded the motion, the meeting was adjourned. Page 54 OFFICIAL MINUTES Approved by Committee 2/25/2010 Human Service Advisory Committee Meeting February 18, 2010 Members Present: Megan Stoker, Maria Minerva Vill anu eva- Simental, Teddy Griffin, Mary Behrens, Steve Pogue, Jan Hillman, Mari Metzgar, Dr. Richard Stream and Mary Anne McDuff Members Not Present: Barbara Brown Staff Present: Alma Espino and Angel Delgado Chair Steve Pogue called the meeting to order and Ms. Espino was asked to talk about the current city budget. Ms. Espino stated that there was always a possibility that the city funding for Human Services may be reduced. She stated that it is up to the committee if they would like to lower their total estimate for funding. Mr. Pogue asked if the committee should recommend funding based on a per capita basis or the maximum. Jan Hillman stated that it might be best to recommend funding based on a smaller estimate of the budget. Mr. Pogue stated that CDBG funding will probably be as listed but that there is some concern on how much the city will actually fund for the Human Services. Mr. Pogue asked for the per capita level. Ms. Espino stated she would get the current population figures to the committee by email and phone. Approval of Minutes from February 4, 2010 Mr. Pogue asked if there were any changes on the minutes. Hearing none, he asked for a motion. Mary Behrens made the motion to approve the minutes from February 4, 2010. Mari Metzgar seconded the motion. The minutes were approved as written. Discussion of Application Process Mr. Pogue asked if there were any questions about the application process. Mr. Pogue also mentioned the possibility of problems with Fred Moore Day Nursery School, Inc. There have been bad checks, write-offs, and lack of physical accountability. Ms. Espino stated that the daycare provided a much needed service in the community. She stated that requests for payments are completed on a reimbursement basis and that an agency is required to submit backup. This request is reviewed and all agencies are required to submit minutes from board meetings, financial reports, quarterly payroll taxes, and yearly audits. She added that a new director was hired in December. 2010-2011 Human Services Applicant Presentations: Denton Christian Preschool Judy Royal, Executive Director, Alicia Blanca, Assistant Executive Director, and Ray Jordan, Board Member, introduced themselves. Ms. Royal stated why she thought the agency needed funding. She stated they provide a service that is not available elsewhere. Denton Christian Preschool provides transportation access to the school. She stated there is an increase in low income families and the school is beneficial for this population. The school teaches English as well. Mr. Jordan stated their main strategic goal is to fund preschool education in Denton. The need exceeds the capabilities of the school system. As well, transportation is needed. As far as funding, Mr. Jordan stated that they are trying to obtain funds from wherever possible. He stated that there Page 55 had been issues with the budget and that Denton Christian Preschool has always kept a heavy reserve. This is no longer the case. They maintain being in the black but their run rate is almost even. He stated their two biggest fundraisers are coming up and they have started new fundraising events to aid in their budget. One example is the Tamales Sale. This fundraiser involves the parents' participation and is a great example of bringing the family together to aid in education funding. Mr. Jordan stated that government funding was decreasing. Dr. Richard Stream asked the agency what they would do if funds had to be cut. Mr. Jordan stated that in the past they have removed a position to accommodate the cuts. They cut the Coordinator position and Ms. Blanca is now responsible for coordinating transportation. They have combined positions and eliminated a classroom. There have been no raises. He added that the children are the ones who are suffering from these cuts. He stated that a small investment in the children and their families now will create huge differences in the future. Mr. Stream asked if there was responsibility of parents to the children and their education. Ms. Royal stated that it is very important for parents to have a sense of responsibility for their children's education. The parents complete a contract at the beginning of enrollment, attend parenting education classes, and pay tuition. Dr. Stream asked what happens if the parents don't fulfill the contract. Ms. Royal stated that they would drop the parent and the child from the program. Mary Ann McDuff asked the agency personnel what was the difference between Denton City County Day School, Fred Moore Day Nursery School, and Denton Christian Preschool. Ms. Royal responded that she did not know the statistics of the populations served in the other agencies but stated that Denton Christian Preschool is not a day care. It has a research based curriculum including literacy and math. All teachers have degrees in Child Development. The agency works with the university to create the curriculum. Ms. McDuff asked if the preschool was half-time. Mr. Jordan stated that there is full-time and half-time attendance. The full-time attendance costs tuition but half- time is free. Mr. Jordan stated that licensing regulations were increasing. It now costs $44.20 for each staff member to be fingerprinted. This includes all staff, volunteers, and university students. Last year it cost over $1,000. Denton County Friends of the Family Toni Johnson-Simpson, Executive Director, and Audrey Kteily, Executive Program Director, introduced themselves. Ms. Johnson-Simpson stated she was glad to be in front of the committee and stated that she was there to add anything the committee would like to know. She stated that the agency is dynamic, great, and saves lives. She was proud to continually come back before the committee and request money. The agency continues to do work within the community. Among their services they have a shelter, attorney, counselors, and many programs. Dr. Stream asked what would happen if funding was cut. Ms. Johnson-Simpson stated that it would be difficult to handle any cuts to the shelter. She stated that they are in the process of renegotiating their lease. It is difficult during these economic times and is hard to cut certain programs such as providing shelter. Mr. Pogue asked if the agency had seen an increase in the number of clients due to the economy. Ms. Johnson-Simpson stated that there has been an increase. She stated that with this economy, people that used to be able to find shelter with family and friends now have nowhere to turn because their family support cannot afford to help. She added that increasing populations and new housing developments would also result in an increase in clientele. Page 56 Ms. Metzgar stated that 38% of clients serviced by this agency are City of Denton residents. She asked where the rest of the clients served are located. Ms. Johnson-Simpson stated that other clients are located around Denton County. Less than 10% are located outside the county. Ms. Metzgar asked if cities such as Lewisville and Flower Mound participate in funding. Ms. Johnson-Simpson stated yes all cities with clientele participate in funding. As well they hold fundraising events and work with churches and organizations. Special Programs for Aging Needs (SPAN) Blake Seylhouwer, Board Treasurer introduced himself. He stated that he was interim director and that Linda Leuckel was no longer with SPAN. He stated that SPAN has been around since 1974. In 2009, SPAN delivered 76,000 meals to congregate sites and 350 homebound seniors. He stated the meals served are one-third of seniors' nutritional value. They also provide important hot meals at noon. Dr. Stream asked if they had ties with Our Daily Bread. Mr. Seylhouwer responded that they did not have ties with Our Daily Bread. Ms. Espino stated that Our Daily Bread is a soup kitchen and provides a free meal to those in need, which includes the homeless populations. Mr. Seylhouwer stated that SPAN's main population is low income seniors. He also stated there are other programs run by SPAN such as Paws. Paws provides assistance to seniors with pets by providing food for their animals. He stated the importance of pets to many seniors and how it is a very good service. Megan Stoker asked what other funding sources were utilized by this agency. Mr. Seylhouwer stated that they are funded by many sources such as TXDOT, United Way, and AAA. He stated that City of Denton is their primary funding source. Dr. Stream asked what would happen if funding was cut. Mr. Seylhouwer stated that the important thing to do would be to focus on finding additional sources of revenues instead of cutting funds. They have had to cut 20 seniors within the past 6 months and have placed these individuals on a waiting list in case funding increases. Day Stay for Adults, Inc. Andre Villarreal, Executive Director, and Erica Strain, Associate Director introduced themselves. Mr. Villarreal stated that he had brought in Ms. Strain because she will be taking over the Lewisville site soon. Mr. Villarreal continued with stating more about Day Stay. He said the agency provides respite care for caregivers in order for them to maintain work and healthy functioning. Daycare is provided up to 10 hours Monday-Friday. They are asking for funding to support the health care insurance of the staff. In the beginning there were no benefits for the staff. In order to keep morale up they decided it was important to include health insurance. Health insurance is very expensive and they believe they are on the lowest cost plan. Ms. Stoker asked if they receive funding from other sources. Mr. Villarreal stated they receive funding from the cities of Lewisville and Highland Village, United Way, Medicaid services, and private paying clients. He stated that services are provided at $44 a day for 10 hours of service. Clients receive two snacks, one lunch, and care and support from staff. Medicaid reimburses the agency $30 for 10 hours of service or $15 for five hours of service. He stated the agency could not afford to provide services without the help and support of the community. Mr. Villarreal stated they fundraise as well. The Denton Benefit League donated funds for a security system and a surveillance system. Ms. Metzgar asked if there had been more clients in the new facility. Mr. Villarreal stated that it has picked up. He stated that the older population usually comes to the agency for a few months and then transfers over to assisted living units. The younger population stays much longer. Some clients will move to the Lewisville site as they live closer to that location. Page 57 Mr. Pogue stated that the Denton location has 16 clients in Denton. He asked if the Lewisville site will have as many. Mr. Villarreal stated they are guessing based on past enrollment history. Dr. Stream asked if there was any advertising and marketing to obtain clients. Mr. Villarreal stated that there is no budget for marketing, and that a lot of marketing is completed via word of mouth. He said he speaks to many groups, churches, schools, and doctoral programs. He also attends health fairs to market Day Stay. Mary Behrens stated that she thought they did not have a wait list as of present. Mr. Villarreal stated that was correct. The facility is licensed to hold 44 clients but it truly depends on the conditions of the clients and their need for attention. For example people with wheelchairs require more room. RSVP Diana Corona, Executive Director, and Judy Smith, Special Projects Coordinator, introduced themselves. Ms. Corona stated they are asking for $10,000. They have been within the City of Denton for 37 years. Ms. Smith stated they have 1,115 Denton County volunteers who have put in 130,627 hours of service in the community. She stated there has been a 10% increase in volunteers since 2008. The City of Denton has 113 volunteers. They estimate 1.46 million dollars in savings to the areas served. Ms. Corona stated new programs are constantly being developed. For instance, Houston called and wanted RSVP to create a senior medicare patrol. She stated that 20 people are already willing to serve and help with this program. She stated it is seniors helping seniors. Dr. Stream asked if it is personnel expenses that are to be funded and what that was. Ms. Corona stated yes, it is salaries they are asking to be funded. She stated the program was established in the city of Denton. Ms. McDuff stated that many volunteers are from UNT and TWU, as well as social services, who see a need and accomplish a task to fulfill this need. Discussion of Amount of Funding Mr. Pogue stated that at the next meeting the committee will be coming up with numbers for funding. Ms. Espino asked for the committee's evaluation/ranking forms by Tuesday February 23, 2010. Ms. McDuff asked for the amount that the committee was looking at allocating. Mr. Pogue stated there is $141,000 in CDBG funds and a City of Denton ceiling at $119,000, which may end up being smaller. Ms. Metzgar stated she believed Barbara Ross had said $114,000. Mr. Pogue suggested budgeting for $116,000 instead of $119,000 for City of Denton funds. Mr. Pogue asked if the new committee members had any questions about this funding process. Ms. Stoker asked how other committee members decide on funding for all of the agencies. Ms. McDuff stated that she looks at the needs, services provided, and percentage of city of Denton residents served by the agency. Jan Hillman stated she looks to see if the agency is looking elsewhere for funding. Mr. Pogue stated that all are deserving but there is not enough money to fund each agency all of the money they may need. Fred Moore Day Nursery School, Inc. Alonzo Peterson, Executive Director, and Jason Adamson, Board President introduced themselves. Mr. Adamson stated that there have been obstacles for Fred Moore but that they are building a strong board as of present. There were six original board members and now they 14 and 5 have lifetime status. Members include attorneys and CPAs. They are striving for excellence. He stated he is happy to announce Alonzo Peterson, who has been hired as the Executive Director. They are Page 58 currently working on delineating roles. The previous director had been very involved with the kids and this did not fall in line with what was required by the executive director. Mr. Peterson has a lot of non-profit experience, as well as experience in grant writing. They had a board retreat and have accomplished some strategic planning. There is a lot of forethought now. Their biggest hurdles are the economy and the raise in tuition. They are working on grants to repair their facility. Mr. Adamson stated it is in need of updates. They have put in an application with Speedway Charities for capital improvements. They are also completing an application for funds from Rayzor Ranch. Mr. Adamson stated they also want to focus on getting the teachers accredited and raising retention within the organization. They plan on setting up tiers for raises to show the teachers the importance of their role. Mr. Pogue asked if they would explain the $10,000 in write-offs. Mr. Adamson stated that they had been accumulating bad debt due to non-payment of services by clients. They are currently trying to recover from these debts by becoming more proactive. They are looking at a true picture of the cash flow on a normal basis now. Ms. Metzgar asked if this was being done on a monthly basis. Mr. Adamson stated this is being done on a quarterly basis. Mr. Pogue asked if they would discuss the letter from the IRS concerning the filed extension 990. Mr. Adamson stated they did file for an extension. The IRS stated they are looking at it and it is in their hands now. It is something that should have been taken care of earlier. Ms. McDuff stated that United Way had removed Fred Moore's probation status. She asked to hear more about Mr. Peterson's background. Mr. Peterson stated he received a degree in Community Affairs. He worked with Mothers Against Drunk Driving (MADD) for three years and has a Master's Degree from UNT. He also has a Volunteer Management certificate. Mr. Adamson stated they received $17,000 net funds from a previous fundraiser held in December 2009. He is looking forward to this fundraiser becoming an annual event. Communities in Schools of North Texas Courtney Molchan, Director of Research, Development and Grants, and Hilary Taltzko, Board President Elect, introduced themselves. Ms. Molchan stated Communities in Schools services 27 states. She stated there are 28 locations in Texas. The North Texas branch services four counties. Their population served is 90% economically disadvantaged. 40% are Spanish speaking, 6% have parents who are incarcerated, and 5% are homeless. Ms. Molchan stated that city funds would aid in dropout prevention programs. There are 1,100 mentors and donations are given for holiday assistance. They have a social worker that works with the children. This person manages cases and leverages resources. The process for a child is to be referred, assessed and then a plan is developed and implemented. Dr. Stream asked if seniors volunteer as mentors. Ms. Molchan stated they have a partnership with Robson Ranch. Ms. Molchan stated that only 13% of budget is for administrative costs. They want to use the majority of funds for services. Closing Mr. Pogue asked the committee if there were any questions. There were no questions so Mr. Pogue asked for a motion to adjourn. Ms. Stoker made the motion to adjourn. Ms. Metzgar seconded the motion, the meeting was adjourned. Page 59 Official Minutes Human Service Advisory Committee Meeting February 25, 2010 Members Present: Megan Stoker, Maria Minerva Vill anu eva- Simental, Teddy Griffin, Mary Behrens, Steve Pogue, Jan Hillman, Dr. Richard Stream and Mary Anne McDuff Members Not Present: Mari Metzgar and Barbara Brown Staff Present: Barbara Ross and Alma Espino Chair Steve Pogue called the meeting to order and asked for any announcements. Alma Espino discussed the revision to the Day Stay for Adults application. Based on reimbursement rules and the amount of tracking that would be required, it was decided that Day Stay should consider revising their request. Day Stay for Adult's application has been revised to reimburse the difference between what Medicaid reimburses and their daily rate. Their private pay rate is $44/day and the Medicaid reimbursement is $29.98/day. The difference is $14.02/day/client. This is how the activity was funded by HSAC in 2008-09. Ms. Espino asked if anyone had any questions or any concerns regarding this revision. There were none. Approval of Minutes from February 18, 2010 Mr. Pogue asked if there were any changes to the minutes. Hearing none, he asked for a motion. Maria Minerva Villanueva- Simental made a motion to approve the minutes from February 18, 2010. Teddy Griffin seconded the motion. The minutes were approved as written. Results of Individual Recommendation Sheets Ms. Espino provided the committee with a summary of the committee's evaluations that included an average allocation amount. The average was determined by totaling the individual recommendations, per agency, and dividing by nine (9) members. This was provided prior to the meeting and extra copies were made available. Ms. Espino asked if anyone had any questions or if any corrections were noted. The total amount equaled $256,415. Mr. Pogue discussed the amount of funds available for recommendations. Both CDBG and general funds are based on an estimate. General funds are based on a per capita basis which could be as much as $124,746. Mr. Pogue asked the committee how they wanted to discuss the recommendations. Mr. Pogue recommended that each agency be discussed, and the committee member who made the largest and smallest recommendation to explain his or her reasons behind their recommendation. Members agreed that they would review the list of requesting agencies, discuss the amount of funding, and make a recommendation. However, they would be able to go back and make revisions as needed, based on the total budget numbers. Health Services of North Texas (formerly known as AIDS Services of North Texas) Ms. Griffin mentioned that she recommended full funding based on the fact that the request included two organizations. Ms. Behrens stated that she recommended less because the agency was starting to receive additional grants. Ms. Espino noted that some grants are only for specific costs. Mr. Pogue stated that he looked at previous years for ASNT and Peoples Clinic and that the average amount listed would still be a decrease. Megan Stoker stated that by combining the agencies, there would be a savings in costs. Ms. Griffin stated that the agency had mentioned at Page 60 the presentation that they were saving funds, but that the City of Denton funds were still needed. Mr. Pogue added that the staff from People's Clinic would continue to be employed by Health Services. Ms. McDuff noted that fundraisers had to be compared as well; from the ability to complete mega fundraisers to agencies that only have the ability complete small tamale fundraisers. Members agreed to recommend the average of $21,394. Camp Summit Camp Summit was discussed. Ms. Metzgar stated that they meet current needs listed in the Needs Assessment. Only 3% of total persons served will be city of Denton residents. Ms. Hillman stated that they have successful fundraisers and this might be an area to reduce funding. Ms. Stoker stated that the agency only serves 3% of city of Denton residents and even though the agency provides a meaningful service, there are more pressing needs, such as the homeless. Ms. Stoker agreed, but she still preferred to provide some funding. Members agreed to recommend the average of $2,944. Court Appointed Special Advocates (CASA) Ms. Behrens stated that the agency does a great job with fundraisers, but due to their purpose, recommends funding the full amount. Ms. Stoker agreed that they were important, but had moved them down the list for funding when reviewing their goals, which are to increase reserves and create a building maintenance fund. Members agreed to recommend the average of $11,000. Children's Advocacy Center Members discussed the request from the Children's Advocacy Center of Denton County. Ms. Griffin stated that she used to teach and children were important to serve. She also stated that the agency does a great job. Ms. McDuff stated that the agency has mega fundraisers, good resources, and a stellar executive director. She also stated that the funds should come from the "fair share" amount. Members agreed to recommend the average of $9,833. PARD Playground Programs Members discussed both PARD summer playground programs. Ms. Behrens stated that due to fund raising limitations, and not wanting to combine the programs; funding should be provided. Ms. Griffin stated that there were other areas in more need of these funds, so she recommended less. Ms. Villanueva stated that it was a great program and if they are provided any less, then kids would be cut from the program. Ms. Ross explained that the programs were developed as a result of the City receiving CDBG funds. She added that if funding was reduced, the programs would have to serve fewer children. Ms. McDuff stated that the City budget should cover the costs. Mr. Pogue stated that would probably not be possible at this time. Members agreed to recommend the average of $5,944 for each program. Communities In Schools Ms. Villanueva stated that the more she gets involved, the more important she sees that these programs are better for the kids. The parents are getting younger and these types of programs are needed. Members agreed to fund at $5,000. Day Stay for Adults Ms. Villanueva stated that she loved the program and it was near and dear to her heart. This would have been a great program for her grandmother. Dr. Stream stated that the % of seniors versus non seniors was an important item to consider. Mr. Pogue stated that Day Stay for Adults does not simply serve seniors, but adults as well. Ms. Behrens added that based on the application, 25 of the adults were under the age of 65. Mr. Pogue asked if funding based on Page 61 seniors versus non seniors was something the committee wanted to consider. Ms. Hillman stated that based on priorities and needs, childcare was listed as more of a need. Ms. Ross stated that based on current focus groups with Denton County Homeless Coalition and Denton's Assistance Network both agreed that housing and transportation were important needs. Ms. Griffin stated that she was concerned that there was not a waiting list. Ms. Metzgar stated that no else was providing this type of service and believed that the agency should be funded closer to what they asked for. Members agreed to recommend the average of $6,778. Denton Christian Preschool Ms. Behrens stated that they had done a great job in cutting expenses. Ms. Villanueva stated that transportation was very important to fund. Transportation includes many different items to consider. Ms. Griffin recommended more funds. Members agreed to recommend the average of $22,056. Denton City County Day School Ms. McDuff stated that child care continues to be a top priority. She recommended the same amount as Fred Moore. Members agreed to recommend the average of $26,222. Denton County Friends of Family Ms. Griffin stated that this was needed today with people losing jobs. She had several parents in her preschool that utilized these services. Ms. Villanueva added that it was a great program to fund. Ms. Behrens stated that she gave them more money due to the needs in the community. Members agreed to recommend the average of $26,111. Family Health Care Ms. Villanueva stated the importance of the program and how they help families and babies at the start. Ms. Hillman stated that if not funded, it would cost the community more money later. Ms. McDuff stated that she had decreased this amount to provide more funds to childcare. Ms. Stoker stated that it is a priority and the agency provides more specific care. Also, the agency is willing to provide services to women with high risk pregnancies. Members agreed to recommend the average of $20,787. Fred Moore Nursery School Fred Moore Nursery School was discussed. Ms. McDuff stated that they have a new executive director, United Way has been working with them, and they are the only infant day care for low income families. Dr. Stream asked if City County and Fred Moore served different racial/ethnic populations. Ms. Ross stated that at the Community Development Advisory Committee meeting, Executive Director of Denton City County Day School, Mr. Garcia, indicated that based on the respective neighborhoods in which they were both located, Fred Moore served a higher percentage of African-American citizens and City County served higher percentage of Hispanic citizens. It is due to the neighborhoods they are located in. Ms. McDuff added that Fred Moore Nursery School was close to the high school. Ms. Espino mentioned that in a previous funding year, the response as to why some daycares do not cover babies was due to the regulations and requirements. Dr. Stream stated that he was impressed with their presentation. HOPE, Inc. (Transitional Housing) & Homeless Management information System (HMIS) HOPE, Inc. and HMIS were discussed. Members agreed to recommend the average of $21,889 for HOPE Inc. - Transitional Housing and $18,000 for HMIS. Page 62 Retired Senior Volunteer Program (RSVP) RSVP was discussed. Ms. McDuff stated that Diana Corona is dedicated and the agency continues to expand their services. Ms. Behrens stated that she had seen them in action and they were a great program that benefits the elderly and gives to the community. Ms. McDuff added that they are an umbrella agency that provides services. Members agreed to recommend the average of $7,900. Special Programs for Aging Needs (SPAN) SPAN was discussed. Ms. Griffin stated the importance of the program. If this agency did not exist, some seniors would never eat. It is also a source of contact for them. Members agreed to recommend the average of $21,167. Approval: Funding Recommendations Ms. Ross stated that the final CDBG amount should be available soon, but that the general fund amount was determined by City Council. Mr. Pogue asked if the committee wanted to round the figures. Members discussed whether they should reduce the amount. A decision was made to approve the funding and meet again if changes were requested. Ms. Stoker made a motion to approve the funding levels for a total of $256,525 and Ms. Behrens seconded the motion. The members approved the funding recommendations. Discussion and Recommendation of "Fair Share" Funding Support Letter Members agreed to submit a letter in support of "fair share" funding. Ms. Villanueva made a motion to approve submitting a letter of support for "fair share" funding. Dr. Stream moved that the meeting be adjourned. Ms. Griffin seconded the motion. The meeting was adjourned. Future Meetings: A tentative meeting was scheduled for Thursday, April 22, 2010 at 6 p.m. Page 63 UNOFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING APRIL 22, 2010 Members Present: Mary Behrens, Sheryl English, Mary Ann McDuff, Maria Minerva Villanueva-Simental, Teddy Griffin, Steve Pogue Members Not Present: Mari Metzgar, Megan Stoker, Dr. Richard Stream Staff Present: Barbara Ross and Alma Espino Steve Pogue, HSAC Chair, called the meeting to order. Mr. Pogue welcomed new member, Sheryl English, and asked that she introduce herself. Ms. English introduced herself and noted that she was looking forward to working with the HSAC. Mr. Pogue asked Alma Espino to give a summary of the Council work session presentation. Ms. Espino praised Mr. Pogue's presentation to Council and commented that he did such a great job that the Council members had no additional questions. Mr. Pogue then asked members to review the minutes from February 25th and asked if there were any corrections or a motion for approval. Mary Behrens moved that the minutes be approved as written. Maria Minerva Villanueva- Simental seconded the motion. The motion was passed unanimously. Ms. Espino explained that the City had received their final CDBG and HOME allocation amounts in April and that due to a slight increase in CDBG funds, HSAC had $5,137 in additional funding to provide to the social service organizations and programs. She provided a list of the agencies currently slated to receive CDBG funds rather than general funds. She explained that the CDBG reporting requirements are very stringent and that though staff requested that all agencies meet the same reporting standards, some agencies were better able to manage the required reporting. Also, it was noted that under HUD regulations, some of the agencies served populations that were "presumed" to be low and moderate-income, therefore, income documentation requirements were not necessary. Mr. Pogue asked the members to provide information or explain previously provided recommendations as to how they felt the additional funding should be allocated. Though all members agreed that each of the agencies provided needed services, there were some individual priorities. Ms. Behrens stated that all of the services were important and she suggested that HOPE, Inc. be provided the necessary funds to meet their funding request amount and then the remaining funds be split among the other eight programs. Mary Ann McDuff commented her work with the United Way gave her some additional knowledge regarding agency fund raising efforts and opportunities, and the critical nature of their services. She indicated that her allocation recommendations were based on this knowledge. Mr. Pogue stated that he would recommend giving funding to the two Parks programs to put them back up to the $6,000 they received last year and then the remaining funds would go to Health Services, HOPE and Family Health Care. Ms. Espino noted that reduced funding to the Parks programs had significantly decreased the number of children expected to be served. Members discussed the funding of the Parks programs and whether the City itself should be funding the programs. Ms. English commented that the Parks Foundation should be able to provide some funding to the programs. Page 64 It was noted by staff that both the City and the Parks Foundation usually do provide some funding to the programs. Staff noted that this year, foundations in general were having more difficulty raising funds and this might affect the Parks Foundation's ability to fund various programs. Teddy Griffin stated that she felt strongly that most of the funding should go to the summer playground programs. After reviewing the allocation amounts to each organization as recommended by individual HSAC members, the consensus was that $1,000 should be provided to Health Services of North Texas, Family Health Care and SPAN. The remaining $2,137 would be split between the Owsley and MLK Summer Playground programs. Ms. McDuff made a motion to accept the funding allocation as stated. Ms. Griffin seconded the motion. The motion was unanimously approved. Mr. Pogue thanked everyone for attending and adjourned the meeting. Page 65 MINUTES FROM 30-DAY COMMENT PERIOD April 3, 2010 through May 3, 2010 The following comments were received during the 30-day comment period: No comments have been received to date. Page 66 APPENDIX #1 - #3 SF424 Applications Page 67 Complete the fillable fields (blue cells) in the table below. The other items are pre-filled with values from the Grantee Information Worksheet. Date Submitted Applicant Identifier 756000514 Type of Submission Date Received by state State Identifier Application Pre-application Date Received by HUD Federal Identifier ❑ Construction ❑ Construction ❑ Non Construction ❑ Non Construction Applicant Information Jurisdiction CITY OF DENTON UOG Code Street Address Line 1 601 E. HICKORY, SUITE B Organizational DUNS 07-138-0190 Street Address Line 2 Organizational Unit City DENTON State TEXAS Department PLANNING & DEVELOPMENT ZIP 76201 Countr U.S.A. Division COMMUNITY DEVELOPMENT Employer Identification Number (EIN): County DENTON 5-6000514 Pro ram Year Start Date (MM/DD) 08/01/10 Applicant Type: Specify Other Type if necessary: Local Government: Township Specify Other Type Program Funding U.S. Department o Housing and Urban Development Catalogue of Federal Domestic Assistance Nunnibers: Descriptive Title of Applicant Project(s): Areas Affected by Project(s) (cities. Counties. localities etc.): Estimated Funding Community Development Block Grant 14.218 Entitlement Grant CDBG Project Titles: Housing rehabilitation, minor repair. public facility improvements. provision of public services. homeownership assistance. and program administration. Description of Areas Affected by CDBG Project(s) Denton. Texas CDBG Grant Amount 975.447 dditional HUD Grant(s) Leveraged Describe Additional Federal Funds Leveraged Additional State Funds Leveraged Locally Leveraged Funds Grantee Funds Leveraged Anticipated Program Income 14.000 Other (Describe) Total Funds Leveraged for CDBG-based Project(s) Page 68 Home Investment Partnerships Program 14.239 HOME HOME Project Titles: housing rehabilitation. assistance to CHDO for acquisition. rehab and homeownership assistance, tenant based rental assistance and program administration Description of Areas Affected by HOME Project(s) Denton. Texas $HOME Grant Amount $578.028 $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged Additional State Funds Leveraged $Locally Leveraged Funds Grantee Funds Leveraged $Anticipated Program Income $40.000 Other (Describe) Total Funds Leveraged for HOME-based Project(s) Housing Opportunities for People with AIDS 14.241 HOPWA HOPWA Project Titles Description of Areas Affected by HOPWA Project(s) $HOPWA Grant Amount $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged Additional State Funds Leveraged $Locally Leveraged Funds Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for HOPWA-based Project(s) Emergency Shelter Grants Program 14.231 ESG ESG Project Titles Description of Areas Affected by ESG Project(s) $ESG Grant Amount Additional HUD G rant(s) Leveraged Describe $Additional Federal Funds Leveraged Additional State Funds Leveraged $Locally Leveraged Funds Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for ESG-based Project(s) Con sessional Districts of Is application subject to review by state Executive Order Applicant Districts 26 Pso ect Districts 26 12372 Process? Is the applicant delinquent on any federal debt? If "Yes" please include an additional document ❑ Yes This application was made available to the state EO 12372 process for review on DATE explaining the situation. ❑ No Program is not covered by EO 12372 ❑ Yes ❑ No ❑ N/A Program has not been selected by the state for review Person to be contacted regarding this application First Name Barbara Middle Initial L. Last Name Ross Title CD Administrator Phone (940) 349-7235 Fax (940) 349-7753 eMail brossta7cityofdenton.com Grantee Website - www.citvofdenton.com Other Contact Signature of Authorized Representative - George C. Campbell. City Manager Date Signed Page 69 APPENDIX #4 Certifications Page 70 LOCAL GOVERNMENT CERTIFICATIONS FOR CDBG AND HOME PROGRAMS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing The .jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the .jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24, and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and speciA ing the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Page 71 Anti-Lobbying To the best of the .jurisdiction's knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to anv person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction The consolidated plan is authorized under State and local law (as applicable) and the .jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official I Date George C. Campbell Naive Citv Manager Title 215 E. McKinney Street Address Denton Texas 76201 City/State/Zip (940) 349-8307 Telephone Number Page 72 Specific CDBG Certifications The Entitlement Communitv certifies that: Citizen Participation It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds It has complied with the following criteria: Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2010, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The Jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the .jurisdiction certifies that it lacks CDBG funds to cover the assessment. Page 73 Excessive Force It has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies within its. jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint Its activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K and R, of title 24, Compliance with Laws It will comply with applicable laws. Signature/Authorized Official George C. Campbell Naive Citv Manager Title 215 E. McKinney Street Address Denton Texas 76201 Citv/State/Zip (940) 349-8307 Telephone Number I Date Page 74 Specific HOME Certifications The HOME participating .jurisdiction certifies that: Tenant Based Rental Assistance If the participating .jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating .jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official George C. Campbell Naive CAN, Manager Title 215 E. McKinney Street Address Denton Texas 76201 Citv/State/Zip (940) 349-8307 Telephone Number I Date Page 75 APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug-Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction unposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug-Free Workplace Certification By signing and/or submitting this application or grant agreement, the grantee is providing the certification. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identiA, the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 8. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 21. Place Name Street City Count State Zip Communitv Development Department 601 E. Hickory, Suite B Denton Denton TX 76205 Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug- Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) Page 76 and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of polo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibilitv to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a. All "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must be completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti-displacement and Relocation Plan Signature/Authorized Official I Date George C. Campbell Naive Citv Manager Title 215 E. McKinney Street Address Denton, Texas 76201 City/State/Zip (349) 349-8307 Telephone Number Page 77 APPENDIX #5 Annual Housing Goals Page 78 Annual Housing Completion Goals (Table 3B) Grantee Name: Expected Annual Actual Annual Resources used durin, the period Program Year: Number of Units To Be Completed Number of Units Completed CDBG HOME ESG HOPWA BE.,VEFICLARI" G0,ALS (Sec. 215 (hilr) Homeless households ❑ ❑ ❑ ❑ Non-homeless households 69 ® ® ❑ ❑ Special needs households ❑ ❑ ❑ ❑ Total Sec. 215 Beneficiaries* 69 ® ® ❑ ❑ RE.,\Y4L GOALS (Sec. 215 (hilr) Acquisition of existing units ❑ ❑ ❑ Production of new units ❑ ❑ ❑ Rehabilitation of existing units 2 ® ❑ ❑ ❑ Rental Assistance 2 ❑ ® ❑ Total Sec. 215 Affordable Rental 4 ® ® ❑ ❑ H0.-1IE 011 NER GOALS (Sec. 215 (hilr) Acquisition of existing units ❑ ❑ Production of new units 3 ❑ Rehabilitation of existing units 39 Homebuver Assistance 23 ® ® ❑ Total Sec. 215 Affordable Owner 65 ® ® ❑ ❑ ('0,111;1,`'EI) REVIAL.-1ND WINER GOALS (Sec. 215 (hilr) Acquisition of existing units ❑ ❑ ❑ Production of new units 3 ❑ ® ❑ Rehabilitation of existing units 41 ® ® ❑ ❑ Rental Assistance 2 ❑ ® ❑ Homebuver Assistance 23 ® ® ❑ Combined Total Sec. 215 Goals* 69 ® ® ❑ ❑ OVERALL HOUSING GOALS (Sec 215 + Other Affordable Housing) Annual Rental Housing Goal 4 ® ® ❑ ❑ Annual Owner Housing Goal 65 ® ® ❑ ❑ Total Overall Housing Goal 69 ® ® ❑ ❑ Page 79 2010-11 Human Services Advisory Committee Recommendations for Funding 2010-11 ORGANIZATION 2009-10 Award Requested Recommendation General Fund CDBG 1 Health Services of North Texas (Previously known as AIDS Services of North Texas) 12,550 30,000 22,394 22,394 2 Camp Summit 4,000 14,810 2,944 2,944 3 Court Appointed Special Advocates (CASA) 10,000 12,000 11,000 11,000 4 Children's Advocacy Center 7,500 85,975.28 9,833 9,833 5 City of Owsley Summer Program D t 6,000 30,714.10 7,013 7,013 6 en on - PARKS MLK Program 6,000 30,714.10 7,012 7,012 7 Communities in Schools 5,000 5,000 5,000 5,000 8 Day Stay for Adults 7,500 8,000 6,778 6,778 9 Denton Christian Preschool 22,000 22,500 22,056 22,056 10 Denton City County Day School 26,550 36,000 26,222 26,222 11 Denton Co. Friends of the Family 24,000 30,000 26,111 26,111 12 Family Health Care, Inc. 20,585 23,500 21,787 21,787 13 Fred Moore Nursery School, Inc. 23,720 50,000 23,556 23,556 14 HOPE, Inc. - HMIS 18,000 18,000 18,000 18,000 15 HOPE, Inc. - Transitional Housing 20,950 22,000 21,889 18,111 3,778 16 Retired Senior Volunteer Program (RSVP) 7,530 10,000 7,900 7,900 17 Special Programs for Aging Needs (SPAN) 18,374 25,000 22,167 22,167 People's Clinic of Denton Co. 14,000 - I I Total HS Recommendations 254,259 454,213.48 t 261,662 115,345 146,317 Fair Share - Request Children's Advocacy Center 27,500 76,142.28 TOTAL 281,759 76,142.28 0 4122110 FUND 2008-09 2009-10 2010-11 General Fund $119,602 $119,796 $115.345 C.D.B.G. $131,398 $134,463 $146.317 Total HS Recommendations $251,000 $254,259 $261,662 General Fund - Fair Share $27,500 TOTAL $281,759 $261,662 This page left blank intentionally. CITY OF DENTON CITY COUNCIL MINUTES April 5, 2010 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Special Called Work Session on Monday, April 5, 2010 at 11:30 a.m. in the Council Work Session Room. PRESENT: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory, Council Member Mulroy and Council Member Watts. ABSENT: Mayor Pro Tem Kamp and Council Member Heggins I. The Council received a report, held discussion and provided staff direction regarding progress made by staff on environmental resolutions and directives. Katherine Barnett, Special Projects Coordinator, presented information on Environmentally Preferable Purchasing (EPP). Resolution 2007-032 created the framework to implement EPP as a means to lessen the impact of municipal operations on the environment. The key to the success of an EPP program was that all city departments would do their utmost to ensure that consideration and/or preference was given to environmentally preferable products to the extent that they were available and practicable. Options available through Corporate Express, the City's on-line ordering system, was to post announcements on the ordering website reminding employees that there was an EPP resolution and to always provide the option of an EPP item when one was available. Mayor Burroughs noted that a topic of future debate for Council was whether the City would be willing to pay more for an EPP item than a non-EPP item. At this point there was no policy for those types of purchases. Barnett stated that departments were already doing sustainable practices. Internal Policy Guidelines to increase EPP purchases encouraged/required EPP products that were equal or lesser cost than requested items. Fleet Services was using sustainable practices in order to have a zero waste stream facility. Shirlene Sitton, Recycling Division Manager, stated that a Solid Waste Department directive prohibited city funds to be spent on bottled water, styrofoam, disposable ware and plastic shopping bags. She detailed what was wrong with bottled water and presented water alternatives such as personal, reusable water bottles, community dishes in break rooms, pitchers and glasses for meetings, igloos for the field with personal bottles/cups. She reviewed the problems with styrofoam and presented serving-ware alternatives. Those included personal reusable coffee cups and travel mugs, inexpensive dishes in break rooms for employee use, matched dishes for meetings, disposal ware for large events that had to be recyclable or biodegradable and requiring vendors to eliminate extras and styrofoam. Barnett presented a comparison of dishes vs. disposables. Sitton presented information on what was wrong with plastic bags. Plastic bags were a litter nightmare and only 1-2% was recycled. Plastic bag alternatives included reusable Chico bags given to employees, a Bag Station set up for city purchases, and just saying no to plastic bags. A "Green Gazette" was developed to help employees understand the importance of recycling. Product Stewardship Initiatives encouraged manufacturers to redesign products using less toxics and make them more durable, reusable and recyclable. It also encouraged taking increasing City of Denton City Council Agenda April 5, 2010 Page 2 responsibility for the end-of-life management of the products produced. Currently they were working with Tetrapak to recycle juice boxes and milk cartons. The department was also working with Denton Regional Hospital for a bring back pharmaceutical day. Council Member Mulroy asked what other cities were doing to minimize the use of plastic bags. Sitton stated that there were a few cities that had passed a ban. Mayor Burroughs stated that an outreach program would be helpful for retailers doing some of the research and then passing that along to others. Barnett stated that they were currently working with the Chamber to develop such a program 2. The Council received a report, held a discussion, and gave staff direction concerning the Energy Efficiency and Conservation Block Grant (EECBG) awarded to the City of Denton. Ken Banks, Environmental Services and Sustainability Director, stated that the City had been awarded EECBG funding based on full formula funding. He recapped the project selection which started with asking Denton staff for projects that met DOE's goals. A total of 16 projects were submitted with the projects prioritized and ranked by a consultant during several Committee on the Environment meetings. The rankings were based on how the projects met DOE goals, how the projects met municipal energy efficient/sustainability goals, and job creation of the proposed activity was heavily weighted which was a major goal of the Recovery and Reinvestment Act. Banks detailed projects included in the grant. Municipal Facilities Energy Efficiency improvements were projects based on a comprehensive evaluation of municipal facilities for energy efficiency gains and payback period. The Landfill and Wastewater Methane to Energy Projects included projects that collected methane from the landfill and from the wastewater plant and converted it to electricity using the existing generating facility. The Energy Audit Program Equipment and Training directed funds toward the purchase of additional equipment to enhance DME's Energy Audit Program. Equipment included a thermal camera, a duct blaster to detect leaks from a HVAC system and a blower door system which detected whole house leaks. The Municipal Sustainability Plan directed funds toward completing a comprehensive sustainability plan for the City that would address short, medium and long term sustainability goals, actions, and tracking metrics. It would address energy consumption, energy efficiency, water use, wastewater production, solid waste, air quality, and similar sustainability issues. Staff was working with other municipalities in the metroplex who were completing similar plans using EECBG funding. Funding was also made available for a Sustainability and Energy Efficiency Coordinator for the term of the grant. The coordinator would be responsible for administering sustainability initiatives, developing goals and tracking metrics, public education and outreach, and grant management and reporting. The intention of the position was also in keeping with the "job creation" component of ARRA. Council Member Gregory asked about local news events surrounding this program. City of Denton City Council Agenda April 5, 2010 Page 3 Banks stated that there was a story right after funding was announced but nothing recently. Council Member Gregory asked if there were other municipalities operating landfills that were recovering methane to generate electricity. Vance Kemler, General Manager-Solid Waste Division, stated that Lewisville did that but there were only about 10% of the landfills performing the procedure. Mayor Burroughs asked if smart meters were planned in Denton and if so, were mini tests being done. Phil Williams, General Manager-Electric Administration, stated that DME was implementing automated meters in pilot projects. They would be going to out for bid on the new meters in the future. Mayor Burroughs asked about the weatherization program. He felt there was a high risk that a significant amount of funding from ARRA would never be spent because the institutions doing to program could not get out and do the work before the end of the funding program. He questioned whether staff had a sense of whether the City was at risk of losing funding allocations within the 2012 deadline. Banks replied that the program was a state level program. Barbara Ross, Community Development Division Manager, stated that a process was being set up that if an agency was not making goals within six months or a year, a reallocation of the funding would be explored. Mayor Burroughs asked for periodic updates. Ross stated that the agencies had to do quarterly reports and copies of those reports could be obtained to see where the agencies were in the program. Council Member Watts suggested an update on what projects had been completed, what was underway and a time line for new projects. With no further business, the meeting was adjourned 1:05 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 6, 2010 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, April 6, 2010 at 3:30 p.m. in the Council Work Session Room at City Hall. Click here to view Agenda with Backup Materials PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member Mulroy, and Council Member Watts. ABSENT: Council Member Heggins. 1. Requests for clarification of agenda items listed on the agenda for April 6, 2010. City Manager, George Campbell, stated that Howard Martin would brief the Council on potential issues with certain drainage easements that might need to be acquired in relation to the Welcome Center referenced in Consent Agenda Item H. Howard Martin stated that about three weeks ago he, Linda Ratliff, and Frank Payne had met with County Commissioners Andy Eads and Hugh Coleman regarding several issues and one issue they had discussed was the upcoming drainage project the city would be constructing within the next five years, depending upon the availability of funds, that had the potential of impacting the area where the Selby House and Quakertown House were located. Drainage improvements for the downtown area included the area along the north side of Sycamore and west side of Carroll Blvd. and that would impact this particular area. The Commissioners stated that they had a Historic Park Master Plan for the area but the actual report was not available. Martin wanted the City Council to be aware of potential issues related to drainage easements and that the City needed to work closely with the County on this project. City Manager, George Campbell, stated that there were several questions regarding Consent Agenda Item P - indefinite closure of Corbin Road. Frank Payne, City Engineer, stated that staff had sent notices of the temporary closure of Corbin Road to surrounding residents. Payne sated that he had met with several of the residents and some thought that access to their property would be cut off, which was not the case. City Attorney, Anita Burgess, stated that a new ordinance had been handed out for Consent Agenda Item Q. Exhibit D had been removed. Council Member Watts stated that Consent Agenda Item P should be pulled and considered separately. 2. Receive a report, hold a discussion, and give staff direction regarding the proposed development for the Rayzor Ranch South Town Center. Mark Cunningham, Director of Planning and Development, introduced Rick Payne of the Rayzor Development Team, who would present their vision of the south side of the Rayzor Ranch Development. City of Denton City Council Minutes April 6, 2010 Page 2 Mr. Payne introduced Charles Hodges with RED Development. Mr. Hodges introduced Steve Bachman, RED Development. Mr. Bachman briefed the Council on some of the types of projects RED Development had completed in other areas. Mr. Hodges briefed the Council on changes they were proposing for the development of the Town Center within Rayzor Ranch South, which provided for design standards for signage, landscaping and architecture. He stated that they were proposing to increase density or create a density ring around the 15-acre park and to replace the existing Master Site Plan with a conceptual "bubble plan" that allowed development to occur without a full amendment procedure. Mr. Bachman reviewed the signage that had been used in other projects. Mr. Hodges discussed sustainability of the project and the need for more density in the "inner ring". Council Member Mulroy expressed concerns about the density. Mayor Burroughs asked if they did some type of study to show impact on surrounding road infrastructure that linked into the project when they were working with a town center concept or lifestyle center project. Council Member Gregory expressed concerns about the density change from 750 to 2150. Mayor Pro Tem Kamp expressed concerns about the density. She encouraged them to use green building practices. She also asked that when the softscape was developed that they check with local companies and try to use native Texas plants. Council Member Watts asked if there had been any discussion on a hotel/conference center coming to this location. Watts also asked what a realistic time frame on when things would begin to move on the south side. Mr. Bachman stated they planned to open Phase I of the Town Center in October 2012 and they continued to work on leasing major tenants. Cunningham stated that everyone was looking for a project that would be sustainable. He stated that staff supported the increase in residential development and the flexible site plan. Council Member Mulroy asked Linda Ratliff, Director of Economic Development, to review the tax incentives. She stated that the tax incentives were performance-based. When they built the square footage they were required to build, they would benefit from some of the sales tax that was generated on the site. General consensus of the Council was to move forward with the project, maintain the quality of the development, not necessarily in the site locations and the rigidity of it, but ensure that we had the flexibility to ensure that what was originally envisioned was not lost. City of Denton City Council Minutes April 6, 2010 Page 3 3. Receive a report, hold a discussion, and give staff direction regarding the 2010 Tax Abatement Policy for the City of Denton to establish guidelines and criteria governing tax abatement agreements. Linda Ratliff, Director of Economic Development, presented the proposed changes to the tax abatement policy. She stated the policy was good for two years. The 2008 policy was modified to encourage green business by incentives for environmentally sustainable practices and renewable energy projects to include - Leadership in Environmental Energy (LEED) certification, recycling initiatives, the incorporation of clean technology and renewable energy projects. The new policy also included a new application for green building projects. Ratliff asked the Council for recommendations or suggestions. General consensus of the Council was to accept the recommendations of the Economic Development Partnership Board and include the following additional changes: On page 2 - removed the notation below the chart indicating the threshold may be waived for projects with environmentally sustainable or renewable energy components; on page 3 - removed the paragraph citing incentives for green businesses. Since the paragraph above this one had the identical information regarding incentives, a sentence was included into the existing paragraph to identify green businesses as an industry eligible for incentives; and on page 12 - removed Denton County from question #10 in the application. 4. Receive a report, hold a discussion and give staff direction regarding the Best Practices for Pipeline and Municipality Relations document. John Cabrales, Public Information/Intergovernmental Relations Officer, advised the Council that staff had addressed issues raised by the Council at the March 9 Work Session and had revised the Best Practices document. He stated that staff would start working on standard practices issues for operations and maintenance as well as compressor stations, but stated that this was the best vehicle in the short term for addressing these issues. General consensus of the Council was to remove the word "existing" from the Pre-Routing Section, A.3. and move forward with approval. Following the completion of the work session, the Council went into Closed Session at 5:54 p.m. 1. Closed Meeting: A. Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Consult with City's attorneys regarding the status and potential settlement of the claim of Dustin Epting. 2. Consultation with the City's attorneys on legal issues relating to a proposed annexation of areas required by Texas Local Government Code 43.052 to follow a three-year municipal annexation plan. City of Denton City Council Minutes April 6, 2010 Page 4 B. Consultation with Attorney - Under Texas Government Code Section 551.071; and Deliberations regarding Real Property - Under Texas Government Code Section 551.072. 1. Discuss, deliberate, consider, receive information from Staff, and provide Staff with direction pertaining to the purchase and value of real property interests consisting of 0.086 and 0.004 acre tracts for Utility Easement, and a 0.105 acre tract for Temporary Construction Easement located in the R. Beaumont Survey, Abstract Number 31, City and County of Denton, Texas; which acquisitions are for a public purpose, the US Hwy 380 Relocation Project. Consultation with the City's attorneys regarding legal issues associated with the acquisition of said property interests above described where a public discussion of these legal matters would clearly conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 2. Discuss, deliberate, consider, receive information from staff, and provide Staff with direction pertaining to the purchase and value of real property interests consisting of 0.070 acres for Utility Easement, and 0.063 acres for Temporary Construction Easement, located in the N. H. Meisenheimer Survey, Abstract Number 811, City and County of Denton, Texas; which acquisitions are for a public purpose, the US Hwy 380 Relocation Project. Consultation with the City's attorneys regarding legal issues associated with the acquisition of said property interests above described where a public discussion of these legal matters would clearly conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 3. Discuss, deliberate, consider, receive information from staff, and provide Staff with direction pertaining to the purchase and value of real property interests consisting of 0.0860 acres for Temporary Construction Easement, located in the R. Beaumont Survey, Abstract Number 31, City and County of Denton, Texas; which acquisition is for a public purpose, the US Hwy 380 Relocation Project. Consultation with the City's attorneys regarding legal issues associated with the acquisition of said property interests above described where a public discussion of these legal matters would clearly conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. C. Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas City of Denton City Council Minutes April 6, 2010 Page 5 Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding an incentive agreement for the proposed location of a 400,000 square foot distribution center to be located in the industrially zoned area along Airport Road, west of Interstate 35, known as Project Teacup. The Closed Session adjourned at 6:24 p.m. Regular Meeting of the City of Denton City Council at 6:40 p.m. in the Council Chambers of City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Presentation of the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association Mayor Burroughs presented the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association to Bryan Langley, Director of Finance; Harvey Jarvis, Controller; and Kevin Mullen, Assistant Controller. 2. Child Abuse Prevention Month Proclamation Mayor Burroughs presented the Child Abuse Prevention Month Proclamation to Rev. Dr. Kevin R. Henson and Caroline Booth Lara with Cumberland Presbyterian Children's Home; Tim Chambers, Susan Hauser, and Dan Leal with Children's Advocacy Center for Denton County; and Sherri Gideon with Court Appointed Special Advocates of Denton County. 3. Barbara Jordan Media Day Proclamation Mayor Burroughs presented the Barbara Jordan Media Day Proclamation to Earline Jackson with UNT. 3. CONSENT AGENDA Bob Clifton, 1800 Morse, Denton, spoke in opposition to Consent Agenda items 3E, 3F, 3I, 3J, 31M, and 31R. Council Member Mulroy motioned, Council Member Watts seconded to approve the Consent Agenda and accompanying ordinances and resolutions, with the March 9, 2010 minutes as amended, the amended ordinances for items 0 and Q, and with the exception of item P to be City of Denton City Council Minutes April 6, 2010 Page 6 considered individually. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Approved the request below. A. Consider a request for an exception to the Noise Ordinance for the purpose of performing music during the 2010 Relay for Life, to be held at the University of North Texas Fouts Field beginning at 3:00 p.m. on Saturday April 17th until 6:00 a.m. on Sunday, April 18th. The request is for a variance in decibels (dBs) for an outdoor concert from 70 to 75 dBs and for amplified sound on Sunday until 6:00 a.m. Staff recommends approving the request. Approved the minutes below. B. Consider approval of the minutes of: February 16, 2010; March 1, 2010; March 2, 2010; March 9, 2010. Ordinance No. 2010-080 C. Consider adoption of an ordinance of the City of Denton, Texas authorizing Assignment Pay for Police Department civil service employees who are assigned to perform specialized duties and required to be on call and frequently available via a cellular phone and providing an effective date. Ordinance No. 2010-081 D. Consider adoption of an ordinance of the City of Denton, Texas authorizing Assignment Pay for Fire Department civil service employees who are assigned to perform specialized duties and required to be on call and frequently available via a cellular phone and providing an effective date. Ordinance No. 2010-082 E. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute an Advance Funding Agreement for a project using funds held in the State Highway 121 Subaccount in the amount of $1,165,145.00 between the City of Denton, Texas and the State of Texas for construction of city pedestrian bridge on the Denton Branch Rail Trail at Pecan Creek and Loop 288; authorizing the expenditure of funds therefor; and providing for an effective date. The Mobility Committee recommends approval (3-0). The Parks, Recreation and Beautification Board recommends approval (6- 0). Ordinance No. 2010-083 F. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the Electric Fund with Utility System Revenue Bonds or Certificates of Obligation with an aggregate maximum principal amount equal to $6,792,522 to allow Denton Municipal Electric to continue funding ongoing capital expenditures for expansion of the distribution and transmission electric facilities. The Public Utilities Board recommends approval (6-0). City of Denton City Council Minutes April 6, 2010 Page 7 Ordinance No. 2010-084 G. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Supplemental Engagement Letter Agreement with Burford & Ryburn, LLP for professional legal services relating to the eminent domain assignments for West 380 (University Drive) Project; authorizing the expenditure of funds; and providing an effective date. Ordinance No. 2010-085 H. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and The Historical Park Foundation for the purpose of assisting with the construction of the foundation of the Welcome Center; providing for the expenditure of funds therefore; and providing for an effective date. ($1600.00) Ordinance No. 2010-086 L Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a contract with the Denton Independent School District for the 2010 Summer Food Service Program; authorizing the expenditure of funds to administer the program; and providing an effective date. Ordinance No. 2010-087 J. Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year 2009-10 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Airport Gas Well Fund of nine hundred seventy-three thousand five hundred eighty-two dollars ($973,582) to be transferred to the General Fund for reimbursement of the General Fund subsidy of Airport operations and to discontinue the transfer of sales tax and ad valorem taxes from the General Fund to the Non-Airport Gas Well Fund; declaring a municipal purpose; providing a severability clause; providing for an open meetings clause; and providing for an effective date. Ordinance No. 2010-088 K. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of water treatment chemicals for the City of Denton Water Treatment Plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 4487-Annual Contract for Liquid Ferric Sulfate awarded to the lowest responsible bidder, Kemira Water Solutions, Inc. in the annual estimated amount of $400,000). The Public Utilities Board recommends approval (6-0). Ordinance No. 2010-089 L. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of traffic cabinet hardware for the City of Denton Traffic Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 4488-Annual Contract for Traffic Cabinet Hardware awarded to the lowest responsible bidder, Paradigm Traffic Systems, Inc. in the annual estimated amount of $260,000). City of Denton City Council Minutes April 6, 2010 Page 8 Ordinance No. 2010-090 M. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Houston Galveston Council of Governments, Texas Multiple Award Schedule Program (TX IAS), Buy Board Cooperative Purchasing Network and State of Texas Comptroller of Public Accounts Cooperative Purchasing Program (TXCPA CO-OP) for the acquisition of eight vehicles and three pieces of equipment for the City of Denton Utility Fund Departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4491-Purchase of Utility Fund Vehicles awarded to multiple vendors as listed on Exhibit A in the amount of $749,569). The Public Utilities Board recommends approval (6-0). Ordinance No. 2010-091 N. Consider adoption of an ordinance of the City of Denton, Texas approving an Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County, Texas for public access improvements benefitting the South Branch Library, Fire Station No. 6 and Denton Independent School District (DISD) Houston Elementary within the municipal limits of the City and Denton County Precinct No. 1; and providing an effective date. Resolution No. R2010-008 0. Consider approval of a resolution by the City Council of the City of Denton, Texas regarding the Best Practices for Pipeline and Municipality Relations Resolution; and providing an effective date. Ordinance No. 2010-093 Q. Consider adoption of an ordinance adopting an annexation plan for the City of Denton, Texas in accordance with Texas Local Government Code Chapter 43 Subchapter C; providing for severability; providing for the repeal of conflicting provisions; providing a savings clause; providing for publication and effective date. Ordinance No. 2010-094 R. Consider adoption of an ordinance authorizing the City Manager to execute change order number one to the contract between the City of Denton and Thaten Construction Inc.; providing for the expenditure of funds therefor; and providing an effective date (Bid 4336- Change Order Number One to Fleet Fueling and Truck Wash Facility in the amount of $46,027 for a total bid award of $2,093,712). Item P was considered. Frank Payne, City Engineer, stated the temporary closure of Corbin Road between Shelby Lane and Springside Road was necessary until such time that the creek crossing could be improved and the permanent closure of Corbin Road on the east and west sides of IH-35W. These closures were considered necessary for public safety because funding was not currently available to raise the road surfaces involved and install the necessary culvert systems or bridges to pass flood waters. The following individuals spoke regarding this item: City of Denton City Council Minutes April 6, 2010 Page 9 Sima Furtick, P.O. Box 92, Argyle, spoke in opposition Roy Furtick, P.O. Box 92, Argyle, spoke in opposition Janie Whitworth, 3482 Springside Drive, spoke in opposition Barbara Whitworth, 4085 Corbin Road, spoke in opposition Council Member Gregory motioned, Council Member Mulroy seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously Ordinance No. 2010-092 P. Consider adoption of an ordinance of the City of Denton, Texas, providing for the indefinite closure of Corbin Road from the west side of Interstate Highway 35 West (IH35W) to the east side of IH35W; and providing an effective date. Mobility Committee recommends approval (3-0). 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Downtown Residential 1 (DR-1) zoning district classification and use designation to a Downtown Commercial General (DC-G) zoning district classification and use designation on approximately 2.749 acres of land generally located at the southwest corner of Greenlee Street and Central Avenue; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z09-0012). The Planning and Zoning Commission recommends approval (6-0). Mark Cunningham, Director of Planning and Development, stated that this zoning change was for a 2.7 acre portion of the 17 acre lot developed with the Cumberland Presbyterian Children's Home. The property was located at the corner of Greenlee and Central. The property was located within the Downtown University Core Future Land Use Area. Council Member Mulroy asked if the requested zoning of DC-G allowed for duplexes. Cunningham stated the DC-G did not allow for duplex uses or single family dwellings. It did allow for fourplexes. A fourplex was proposed for the area; however a fourplex was not permitted under DR-1 zoning. The rest of the site was currently developed with administrative offices, residential cottages and duplex-style housing for single parent families. He stated that the rezoning would make these uses non-conforming. Burroughs asked if there had been any discussion about changing the zoning at an earlier time. Cunningham was not aware of any discussion. He stated that when the City-wide rezoning was implemented in 2002, the portion of the property that housed the administrative and institutional type uses was designated as a Downtown Commercial General (DC-G) zoning district and the area around the residential-style buildings was designated as a Downtown Residential 1 (DR-1) City of Denton City Council Minutes April 6, 2010 Page 10 zoning district. The property that was within the DR-1 zoning district had been developed with duplex uses. Jerald Yensan, Landmark Surveyors, spoke on behalf of the applicant. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered. NO. 2010-095 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE ON THAT PORTION OF A PLATTED 17.327 ACRE LOT CURRENTLY ZONED UNDER THE DOWNTOWN RESIDENTIAL 1 (DR-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, TO THE DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION DEFINED FOR THE REMAINDER OF THE LOT, SAID LOT BEING GENERALLY LOCATED AT THE SOUTHEAST CORNER OF GREENLEE STREET AND CENTRAL AVENUE, AND LEGALLY DESCRIBED AS LOT 1, BLOCK A OF THE CUMBERLAND PRESBYTERIAN CHILDREN'S HOME ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE (Z09-0012). Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Downtown Residential 1 (DR-1) zoning district classification and use designation to a Downtown Commercial Neighborhood (DC-N) zoning district classification and use designation on approximately 0.59 acres of land located at the southwest corner of Bolivar Street and Congress Street; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z09-0014). The Planning and Zoning Commission recommends approval (6-0). Mark Cunningham, Director of Planning and Development, stated that the applicant was requesting the re-zoning to allow for office use and residential use and to be consistent with zoning in the area. Larry Reichhart, 2405 Mustang Drive, Grapevine, spoke on behalf of the applicant. City of Denton City Council Minutes April 6, 2010 Page I I The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered. NO. 2010-096 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A DOWNTOWN RESIDENTIAL 1 (DR-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A DOWNTOWN COMMERCIAL NEIGHBORHOOD (DC-N) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 0.59 ACRES OF LAND LOCATED AT THE SOUTHWEST INTERSECTION OF BOLIVAR STREET AND CONGRESS STREET, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z09-0014) Mayor Pro Tem Kamp motioned, Council Member Mulroy seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance of the City of Denton Texas authorizing the City Manager or his designee to administer the formula funding allocated Denton under the Energy Efficiency and Conservation Block Grant, as part of the American Recovery and Reinvestment Act, for those projects identified for funding under the City of Denton's Energy Efficiency and Conservation Strategy, as filed with the United States Department of Energy in the total amount of $1,117,000; providing for the expenditure of funds and an effective date. Kenneth Banks, Director of Environmental Services and Sustainability, stated that six projects were recommended for funding and submitted to the Department of Energy for evaluation. The Department of Energy provided approval for the recommended projects on March 19, 2010. The projects were: Municipal Facility Energy Efficiency Project which included energy efficiency upgrades in approximately nineteen City buildings; Wastewater Treatment Plant Methane Gas Recovery Project which involved taking excess methane gas from the Wastewater Treatment Plant and piping it to the existing DTE energy facility that was at the landfill and using that to generate electricity; Waste to Energy Methane Gas Wells Project which involved actually drilling additional wells within the landfill property to access the methane that was produced by the decay of garbage within the landfill; Energy Audit Program which would expand the capacity of our current energy audit program by purchasing additional equipment; Municipal Sustainability Plan which would continue efforts of a sustainability plan for the City; City of Denton City Council Minutes April 6, 2010 Page 12 Sustainability and Energy Efficiency Coordinator which would cover the actual hiring of a coordinator to administer sustainability initiatives. Council Member Gregory motioned, Council Member Mulroy seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. B. Consider appointments to the following Boards and Commissions: 1. Construction Advisory and Appeals Board No nomination/appointment was made. 2. Human Services Advisory Committee Mayor Burroughs nominated Sheryl English to Human Services Advisory Committee. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a. Bob Clifton regarding Fry Street and City finances. Mr. Clifton spoke regarding the development on Fry Street, City finances, and the trash on Fry Street was unacceptable. b. Nathan Jackson regarding water fluoridation. Mr. Jackson read statistics regarding water fluoridation. c. Eli Gemini regarding proposal to change the name of our city from Denton, Texas to Corruption City, Texas, U.S.A. Mr. Gemini spoke regarding personal assaults on him and violation of his civil rights. d. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth indicated that he did not like the placement of the officer on duty in the front of the room. He stated that it would be nice if there was more than one African American fire fighter employed by the City. He stated that the Juneteenth celebration and Cinco de Mayo were the only ones being charged park fees while Jazzfest was not charged the fee. City of Denton City Council Minutes April 6, 2010 Page 13 e. Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. f. Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth stated that she felt Bobby Givens should be assigned as the manager of the MLK Center. g. Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth stated that there were no African Americans on the Parks Board or in Parks administration and felt there should be. D. 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. Council Member Watts and Council Member Engelbrecht both expressed concerns about the amount of dirt being left on Bonnie Brae by construction companies working in the area. Council Member Gregory announced that the 2010 U. S. Gymnastics Championships would be in Denton at TWU on April 15-17. E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. C E R T IF I C ATE There was no official action on Closed Meeting items. City of Denton City Council Minutes April 6, 2010 Page 14 With no further business, the meeting was adjourned at 8:40 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT: 322 Texas Street, Historic Landmark Designation Request Consider adoption of an ordinance of the City of Denton, Texas, designating the property located at 322 Texas Street, legally known as Lot 4, Block 1 of Industrial School Addition, as a Historic Landmark under section 35.7.6 of the Denton Development Code (HL10-0002). The Historic Landmark Commission recommends approval of this request (5-0). The Planning and Zoning Commission recommend approval of this request (6-0) BACKGROUND On February 8, 2010, the Historic Landmark Commission (HLC) considered a preliminary application for this request, and agreed that the applicant should proceed to a final application. On March 12, 2010, via a 5-0 vote, the HLC recommended approval of the final application and that it be forwarded to the Planning and Zoning Commission (P&Z) and subsequently to the City Council for consideration. On April 14, 2010, the P&Z considered the request and recommended approval of the granting of the Historic Landmark Designation for the subject property (6-0). The guidelines and criteria for Historic Landmark Designations are provided in Section 35.7.6.4. of the Denton Development Code (DDC): Per 35.7.6.4. A. of the DDC, the City Council may designate buildings, structures, sites, districts, areas and lands in the City as historic landmarks and define, amend and delineate the boundaries thereof. The suffix "H" shall indicate the zoning designation of those buildings, structures, sites, districts, areas and lands which the City Council designates as historic landmarks. Such designation shall be in addition to any other use designation established in this Section. The zoning map shall reflect the designation of an historic landmark by the letter "H" as a suffix to any other use designation established by this Section. 1 Per 35.7.6.4. B. of the DDC, in making the designations as set forth in subsection "A" of this section (provided above), the City Council shall consider but shall not be limited to one (1) or more of the following criteria: 1. Character, interest or value as part of the development, heritage or cultural characteristics of the City, state or the United States; 2. Recognition as a recorded state historic landmark, a national historic landmark or entered into the National Register of Historic Places; 3. Embodiment of distinguishing characteristics of an architectural type or specimen; 4. Identification as the work of an architect or master builder whose individual work has influenced the development of the city; 5. Embodiment of elements of architectural design, detail, material or craftsmanship which represent a significant architectural innovation; 6. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif, 7. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style; 8. Archeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest; 9. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state, or United States; 10. Location as the site of a significant historic event; 11. Identification with a person who significantly contributed to the culture and development of the city, state or United States; 12. A building or structure that because of its location has become of value to a neighborhood, community area or the city; 13. Value as an aspect of community sentiment or public pride. The applicant has provided documentation (Exhibit 3) which includes their assessment of the importance and benefit of the subject property to the community, and how they believe the property meets the above criteria. 2 STAFF ANALYSIS Staff has reviewed the application and the assessment provided by the applicant, and finds that it meets several of the criteria for Historic Landmark Designations, including: 1. Character, interest or value as part of the development, heritage or cultural characteristics of the city, state or the United States; The documentation of the history associated with this property demonstrates that the property has contributed to, and continues to contribute to, the heritage and culture of the city, through its previous use as a boarding house, and the events that have been, and continue to be hosted at the home. 2. Embodiment of distinguishing characteristics of an architectural type or specimen; The house on the property was constructed in American Foursquare architecture style, and demonstrates many of the features that are hallmarks of this style, including square, boxy design, a center dormer and large front porch. 3. Identification with a person who significantly contributed to the culture and development of the city, state or United States The applicant has identified previous owners of the property, including Anna Burgoon, a citizen that contributed to the cultural heritage and activities of Denton through participation in community groups, and through her appointment to the Denton Parks Board. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of the requested Historic Landmark Designation for the property at 322 Texas Street (6-0). The Historic Landmark Commission recommends approval of the requested Historic Landmark Designation for the property at 322 Texas Street (5-0). Staff recommends approval of the requested Historic Landmark Designation for the property located at 322 Texas Street. EXHIBITS 1. Location Map 2. Aerial Photograph of Subject Property 3. Application 4. Public Notification Information 5. Excerpt of the Minutes of the March 12, 2010 Historic Landmark Commission Meeting 6. Excerpt of the Draft Minutes of the April 14, 2010 Planning and Zoning Commission Meeting 7. Ordinance Prepared by: Jane Gurney, AICP Senior Planner Respectfully Submitted by: Mark Cunningham, A CP Director of Planning and Development 4 EXHIBIT 1 LOCATION MAP SAWYER W ui z a a z TWU 0 J 0 TEXAS z J Y Q 0 Subject PropeOy HANN WITHERS l ~ r_,,`! 30 C 6 0 Feet T r-r 5 EXHIBIT 2 AERIAL PHOTOGRAPH OF SUBJECT PROPERTY 6 EXHIBIT 3 APPLICATION EXHIBIT 3 7 8 Exhibit A - Importance and Benefit to Community I he tollowinti detait the importance. Of this houw in tennis ofarchitecture, its situation in the, comnuutity, and the I I isharV Uf its uCCUpants: • ArchitecturaIStyle:AmericanFoursquare - an importantarchitectw-almovenientof the post-Victorian area. Thcrc is tall: that a previous rnvncr discovered documentation indicatin, that thin hucLSe ryas a Sears mail orcler catalo,ue hoas,e. It lacks the decorative ornamentation of the Victorian period, yet it's no nonsense dcsi,❑ provides a roomy, taniily- ortcnted apps-d. • History of Boarcling Houses in Denton - in the early days of our, two universities, hoarding houses that often hordcred the campuses weir an important part of student life. They provided it home-away tram home, often with a house. mother to keep orcler and stand in place of the mother they left hehind. Anna Pur,oon (purchased the house in 19,)P) is mentioned in the 1919 Texas Normal College. (UN-C) 'Yucca" ycarhook hu• bcin, a house keeper of one of "our leading hoarding; houses" when she resided at 165 W. Sycamore. Durkn, her 3(1 year rnvnership of 322 Texas Street (Which is located directly on the South border of TWII), several dozen newspaper, ads indicate that Mrs. 1;ua;1-oon continued that tradition in this home tiar 7lAtti (then (1ollc,e of ludustrial IL-ts) students. • Example and Model to Other Run-down Properties- on the 1995 survey conirnissioned by the Denton Ilkstorical Landniark<Commission, this property was only,iven a H)U V PRIORITY Eating. This is most likely clue to the presence Of'Uduminum sidin,, hiding not only the ar,c Of the house, hot the distinctive shape and trim of a traditional finarsquai°e house of its period. fhe interior of the house vvas no covered by niudern materials such as s71a,g carpet, linoleum, manufactured Wood panel walls, and caFdho..ard-like ceiling, material, That it took a hit of vision and imagination to dNcoveF the historical reality and potential of the house. We hop(2 to setVC as a model tar other potential avows of properties in town that c>n,rcntly arc in had shape or, lack any historically distin,a"ishin, charactcaistics. The Historic Landmark designation provldes us the oplortrutity to Sllarc our story With others in the community. • Notable Occupants of House - arnor>l- the seven or so owncrs of the house dru'ing its almost 100 yc~u existence, none stands out as nnrch as Mrs. Amia Dur,oon. Anna was burn Anna I;ushong in 1(175 in Grapuvine - the log cahin Whcrc she tivas horn contimres to he an historic laridniark in that town. While there, Anna was a cliaFter niemher of the hay View Cluh, a rvouien literary cluh. Foklowin, the early death of her hushand (and while still pregnant avith her I Wh child, Geor~,c Ihashon, lltwgoori), Anna moved to Denton, perhaps due to the educational opportunitics for her G children (frxur had died in infzmcy). Despite her Unfortunate circumstances and her heavy load of mothering renponsihilities, "Anna served the Denton conununity well. Sh(2 was a prominent nacmhcr and chairperson for the Shakespeare Woroull", CIUh of Denton where she hosted events in this home, played piano at events, and presented lectures on it range of topics from great ultras, to the preservation of ttvus, to artistic niovenients ill the tIS, to Chinese fiilk music, to the necessity of promoting Amei°icanism over the errors of communism, tiascisna, and the like. In adclition, ,,lie served as president of the (AA ( IWti) Mother's Ctuh, home group lwdcr to[' first l,aptist Church hihle studies, and Wil') appointed to the Denton Parka hoard where she was instrumental in approvir>, the situ of the tir"st Denton library. An early frnitnkst, ncavspaper articles point to her encoura,in, other, ti~vomen to vote. She even served as chaim,omen for the lord committee chm ged with the c nipai;gn Of Texas Gubernatorial candidate Dan Moody in 1926. 9 Continuance of Community Events- my Wife and I purchased the house With the aim of using it as a center of comnumity and culhrral events. l,VC host a discussion-oriented series of events call Drink and Think where our first floor is packed with Denton citivenS interested in discussing important questions and issue. Recently we hosted Mayor Mark I;urroct,hs and firmer city councilnrrn Mils Cochran along with 50 others firr a discusniorn of bVlrut does itowwo to be Denton:' In addition, thin house is regularhi the host of art shrnws, musical events, quid political discussions. I his sort of activity at this house caught the attention of 1)1 W journalists and was recently twturcd along with its owner on it NMI/1)I W story ()It tile future of the arts Ill IWW ill- i_I~~df~ti_cirRn rrr~uli~ltovtt)/t~-cril_s1)r 1_"I(00L.. Sr,_ns or I rte-in the ~~rts ;27 i 7JanrE. ]n any gig cn vear, the Rodcn's host around 500 ,Iucsts into their home, zu1d many of them conulient on the uniqueness of the house. WkialIV designating it aS a Historic kandfnarkaIIo ws the opportunity forthese CitirCns to Icarn more about the historv of this house and ])colon in general. I lie Roden',, hope to continue in the rich tradition of cultural renaissance that previous owner, N1rs. Allod hrugoon, began during her 3o vcars at this residence. Revitalization of Neighborhood - There k a rich historical tradition to this particular area of town. This ncighhorhood is only a few blocks from the square, it borders I Wtl Oil the South and West, it borders what was once the important and thriving African-Arolerican community of Quakertown, and it sruTounds many Ht central Uenton's key puhlic areas: the city 1) 001, the playground at Qual:ertmvn park, 1AIIiIV 1'oFtider I.ibrarV, the (Iivic Centur, and (1ity I fall. All of this points to the absolute need for the city of Duiitoo to encourage preservation and revitalization of this ncighhorhood. As~,vc look to the future Of tile LIMA 117MA n square as an important Cultural Ccntcr OftMV11, ~%'U should rcaliZc that than is a clcsire tor living space clHsc to it. 'I his ncighhorhood provides just that, but it Currcntlw is plagued by several rum down apartment complexes and absentee landlord rental houses (that could otherwi,,c he brought hack to their former lnry). A quick glance at recent real estate records will shw,v that When a house goes 111) for sale in filly area (comprise(I of Austin, Oaldand, Whither,,, Mesas, and the relevant crass streets), they go quick and for a good pace - there is a desire for hotneotwners to move into this area. t)esi,guating this property is hopefully the start of ~r rcvituliziu rnovcrncnt that Will spread tlWou11huut this neighhorhood, thus creating a sense of neiglrhorhood pride and civic enga~eurent. And a revitalized uei;;hborhood will henetit I WTI, the square, and the public spaces mentioned above. 10 II 12 13 Exhibit D - Ownership records The Old "Valnatilm and OW11cl- up Record" ohtaincd troll) the rccunls in the Ciiw-thouse un the Square is only a partial record and traces hack o~enership no huther than 19ZH and not after 79Gi3. I have, howuver, been We to piece together a likely, vet "loose" ownership record based on research of pant city directories and newspaper archives tram the ]Denton Record Chronicle. 1913-191 6 - Origin Ot I louse On :12Z 'texas Street (previously regarded as 3G Texas Street according to 1921 Sanhorn Insurance Map of the area). • 'I lie "Valuation and (hvnership Record" from the Old Courthouse ha" an "estimated" huild date of 1913 (with no record Of builder or architect) • 1913 City Directory has no listing tor 36 Texas Strcct. • 191 G City Directory shows 36 Texas Street. • Au ust 10, 1')15 Penton Record Chronicle has a note indicating that l on) t1'1'nn is buildillp u 10 room home nn Rwu1 .St oc~ tar V114, Nnrrdio nf,lrldhJc. ]]rare were ahout 5 houses added to the directories hety-een 191 1 and 1916, so it is possible this is another house, but the size fits the description of our house (and the only one in existence today an the street that tits that description). • There has peen mention that a prmums owner disc vavd plans in the attic indicating that this wiv, a Scars mail order house. We have not hear ahle to confinn this. 1916 - G. Il. Adams (cotton huyer), kvite Minnie, and lna Adams ( 1916 Directory) 1918- 1.. T. Norwood ( 191 f3 Directory) 1923 - nrrivinted us 322 lexus Street- 1. M. Carman (physician), We Anna ]'earl, and Miss Ilaml Carman is a student at C.I.A.; also lists R. G. Collier (painter) and Ida I.. as residents Of [Ile housc- perhaps they are boarders in the same house (19'_l3 Retail Merchants Catalogue) 1924 - DRI: ad from Mrs. t:.M Carman states that house on 322 Was Street is Ott the market (wcuriu ly indiCatin,g that Car'uran actually owned the house). 1924 - no one listed in city directmy 1925 - listed as vacant in city directory 1928 - Mrs. Anna (IANbmg) Burgoun purchases house On 7/2 ~I/28 for 5551111 (according to Valnatiou and O~.ene'ship Record at Old Courthouse) 1958 - House placed into mvnership ammg We of the Burgoon children (Evelyn Tannahill, Bessie McCO1111CII, Hernria Riley, 11. 1 . B411-goon, George B. Burgoon) 1959-60 - listed as vacant 1961 - Dr. 1'luyd Jenkins and family, Professor of Business Management at NtSU 19881992 - Steve G Yount seems to have resided in the house duriggthis time, hot Dr. )enlcins is AM listed on the 1991 city directory, so it seems he AM o"ms the house 1993 - Paul and SLLsan Jenkins (purchased from father, Dr. )enAns) - the house became a rental house to colle,gc students for most, it not all, of their Ownership 2005 - Kevin and EnTv Roden purchase 322 Texas on AtWust 19 and are present none's 14 15 Exhibit E - Additions to original construction EXTERIOR CHANGES Circa 19100 - Tlw; is [lip old(-sl pi: hirr- ,%,o harp I;t Ili- ho n N - rims[ li lcel+; dal r-:l ha: :k h) [[to 11140:; ,"hrrl the old La.,." slaLernenls f flm held al the old CG,urlhou';e) ,were produced. F Z .W PLm w t ' ' J IFb 7r13 X~k t{. 005 - '1111 s LIi(-Lure ,%-is Lat:eit ,%IIen tn~P lirsL Lou;tit[I Lhe house. IL's dillif u1L Lo LNII troni Lhe L;^ao pl[ Lo JAIL Lhe n is :ignitiranL ch rn;ges Lo Lh[; -,-Jeri -r Lclr ec[r Lhe kv rre Ili- o-• The ,•,-oden sidin; and Info are rnfr,% covered 'AA111 alLUninuni sifting f inf)sL likety duriri; Lhe Ie:IIkiII oevnersIif I L I I c I I i,; l • 1'he porch h-i )m Lhe 1': RI s picLure appears Lo be LractiL IIIl ;^~oud plank- LI I e porch is nog,v 1•. I lnfl-P.LP. shh. • Th , pith i-s from thr 1•-) tf'I - pirtur" ;hcw ,gtt ire;'rertallg[it it- parch posts. iwhcrea: in 00 they arN rr,,und ;arid pi )rrly install?d I;-seN thN Ipanitig pillar) "dth a .voi)deil r:ailirl sllrn:rurn:lirry [lip pi n: h. 16 e Summerof2trtr7 actirig ill faith and knin ingthattlcr is it ogoing back,1tackledtheprayct ofr'nim,ingthe ,lluminumsidinginfiopcSOfrestnringthc~:~riginaliwnnd:;iding. rA`hatlhoundia,as a nrix oil pri(ouragirig and di:,(ml girig Betas. tin rm~ 11.1rid, 11 (11" !hp fin preserved aunt probably 40 years W ^✓ear hanks Lo Lite proLer-Live rwrerin ; ur Lhe arLificial sidimg. On the other hand, ;you ran sr from this picture, there much xurk to L w done. Ovr found cut thatthr r( +.,as a fir: 'Arm, point ,cr h1i-k area hrt-,vo-r1 h^,t•nrri s(-,cried fl )(w),thcrr `v r: sr ;oral daps in the siding, and Lhr-:;ri;ginal h-irn had heen : omplplel; rr-rrlrr•.o:I 1r) r11.11kp ';l1v!i;r Lhp alunrinunr sir_ling 1 had my r, ark cuL uuL fur tire Lhal summer... 1~..~ b1N.:' 551 The finished project... kit r,,%, ,v- ncuded Lo replace Lhe pill ir: wi Lho porch and pick a colur _chcuu. Vs'` spent s:',-rat d I%s ovatking the streets,, ofth hisUcric B7umgcr Di,.tnct ill Dallas, there arc hlocks oY tonr-squares rat simiiil.3r,ige. The pilhrs,th(-.rrgh diffrrentthan thc• cites fl-rill the f~=r~•, ^av~~ -)ur hranf- a bit mor-(, : r.indull -,-Juba k: -ping v,,ith o_•:amplc: c; the period that e+.rcre fC)und at some of the honu,; in Lianas. The cobf-.r ncpnie carm to this unc (Lmilv's pick) and -i cllc, . -hem(, (n)"- ; otc,i... he-mclc gentleman ,vho happened to,v indur L ,vhilc , - -i - disputing, this i ,u. ,+:as a ,k: d to hi-.'.1k th ti. anti Dili lvgot her ,va :1t I..a ,t it ,vr a ccrlnnnnit r-lTr~i1. 17 INTERIOR CHANGES Several chanycs wcrc don U to the iutcriOF (It the 11011sc, much Oftvhich W aS reStOratiVe in nature: • Wood floors - evur square inch of the house is floored with heart pine. Many of the hoards extend over 20 feet Without a hrcalc, makirl this a unique feature compared to modern fluorin'. The previous mvrncr inshrlled shag carpet (prohably in the 00s or 705) throughout most of the house. This had the benefit of preserving the floors (though they used carpet tudo and glue in several parts). Linoleum was used in the hathroums, kitchen, utility room, and hack porch, thus cohering up the wood. All of this vvas removed and the orr,,«inal rwood floor vva" restored throughout the house. In tw o of the hathroo11115 and the kitchen where significant floor daunage was found, tile has been used. • Wood framed windows - in one case, it v.vindOVe had hecn hoarded up in Order to hind a v.vindmv unit. We had Our contractor "0 to Marys barn to find ran old ti~voodcn window and retrofit it to that window - it worked and IOOks just like the others. • Pine trim - 0-1 O inch pine trim is around each window and dour Of the house and serves as hale hoards. We Saved all the hoards through the remodeling to use everywhere in the house. • Original doors - the house still has the original five panel CtOOP, throughout. Where bedrooms or closets v,vere remodeled, we saved the original doors for the new closets and bought similar doors where ncvv ones were needed. • Added antique built-ins - we shopped around Texas to rind unique period-matching pieces to install during the interior remodeling. Thesc save as cabinets in oru, lutchen, cahincts and hookshehvcs throughout the house, and various accent spots. • Antique lighting - eve replaced most Of the lilThting (which vas not very old) with fixtures and chandeliers found at auctions and antique stores. Remodeling of rooms- the kitchen was cOmpletely gutted and redone and ripened up to the dining room, the entry to the dinin" ruorn and livin« room v,vas cxtcnded to wive tile ClOwIlStairs it more open floor plan the master hedruom and small hcdroom were cumhincd to make room for master clOwts and a roaster hathroom (Original clues fuut tuh Was pr(2served) the hack porch was converted from a enclosed room hack into a Screened-in porch (which k prohahly what it originally was). We also added Drench doors connecting the back porch to the main livin!{ room. • Essential updates - (,entral iV, and Heat was added - which was a trick with no existing ductwork in this Old house Tcwo units nO w control each floor separately. (Ompletc rerwiring Of house - one of the walls VVOUld vaarm up utter turnip" on the light and we discovered a piece of an extension cord in one of the walls that was being, spliced into the original wiring... Lill thi5 led nS to the conclusion to reWire. plmnhing- must Ofthe hot IW received nuY plumbing (Plus we added a hatI I ruom, s0 this hecame necessal • Third Floor Library- the final interior Project was the conversion of the 31.1 fluor attic into a lihrar_v. We discovered quicldy that the original huilders never meant to huild this flour square Or level, Nu getting Started v.va) a hick. Care was taken to keep the original Shape of the roof line )o that the visitor to the lihrary knevw he was still in a sort of an attic. Wu found a wy in I)allas vvhO tiwas sellirl, old, rccovcred Ship lap and used that to make Widc plant: flooring. The walls are covered with hook shelves, a Sly li"ht was added, rind we found an old chandelier from 1910 that carne from a principal's office in a south Texas high school to finish things off. We rePlaccd the alumiuunr framed window on the dormer window with a locally made and designed stained ,glass window - Svc keep it lit at night f l~ all to enjoy. 18 19 1921 Sanborn insurance Survey showing original Quakertown area (now a city park) and Texas Street just to the North. 36/322 Texas Street is indicated by the arrow and box around the property. 20 a s r 21 22 23 Exhibit Exterior ~'tt~~&a ratp~E~s Att~rch to~u' ( ) plwt(wr iphs of ncV P r.,«,ricr~i rA~a,lr_r~ s tc ,urn from each d7 risctie n (\orti~. 'Iml Picture of house - from Texas street facing South x 7 .arh {i t~ uw. 1'CF44sXEd :.si y Picture from front steps - faci ng North (TWU across street) 24 Picture froin property facing East down Texas to Bell C y3~1 1 Picture from property facing West down Texas to Oakland 25 .r Looping at house from the East side. Looking at house from the West side. 26 27 28 29 INTERIOR PHOTOGRAPHS Alm rIq k t plinin} Rrnam op orli[I [if) In the kik hen, hall`,vav,:md living roam. ~ ~ e ~a ~.,~mYwµvmux~aw. 45, G 1 i? } 1 \ j R F } ~ Ki if hr-r1 J0 4 Fever, nil ginal h :mt roar, and n~ .,nin t. staina:; r !te, n a 31 Livinz Re)oru EXHIBIT 4 PUBLIC NOTIFICATION INFORMATION SAWYER PIONEER z Q 6 J Q J. J G.I OJ p TEXAS z Q Y Q O Subject Property HANN WITHERS 200 Foot Notification Limit 500 Foot Notification Limit L t_. Public Notification Date: April 4, 2010 200' Legal Notices* sent via Certified Mail: 16 Number of responses to 200' Legal Notice: ■ In Opposition: 0 ■ In Favor: 0 ■ Neutral: 0 * - A copy of the notification list is available at City Hall West, 221 N. Elm Street. Denton. TX EXHIBIT 5 EXCERPT OF THE MINUTES OF THE MARCH 12, 2010 HISTORIC LANDMARK COMMISSION MEETING Minutes Historic Landmark Commission March 12, 2010 The Historic Landmark Commission of the City of Denton held a Special Called Meeting at 9:10 a.m., in the City Hall Conference Room, located at 215 E. McKinney Street, Denton, Texas, 76201. PRESENT: Craig Thomas, Kevin Roden, Peggy Capps, Diane Crew, David Wright, Robert Gomez and Karen DeVinney. ABSENT: Murray Ricks and Donna Morris. STAFF MEMBERS: John Knight, Deputy City Attorney, Kurt Hansen, Building Official, Cindy Jackson, Planning Supervisor, Jane Gurney, Senior Planner, and Jennifer Bellar, Administrative Assistant III. 1. Call to order Meeting was called to order at 9:10 a.m. CONSIDER APPROVAL OF THE HISTORIC LANDMARK COMMISSION MINUTES OF: 1. March 8, 2010 meeting. DeVinney motioned approval of the minutes with a second by Thomas. Motion approved (7-0). 2. PUBLIC HEARINGS: A. Consider an application for a Historic Landmark Designation request for the property located at 322 Texas Street, and provide a recommendation regarding the appropriateness of the property to receive this designation to the Planning and Zoning Commission and City Council. (HL10-0002, 322 Texas Street, Jane Gurney) Roden recused from discussion. Gurney distributed copies of the presentation. The Commission had the opportunity to review a preliminary version of the application at a prior meeting. Staff has reviewed the application and the property meets the Historic Landmark Designation requirements as outlined in the Denton Development Code. Roden came forward as the applicant. Roden stated he has been following the Downtown Implementation Plan and that Quakertown Park is an important part of it. The neighborhoods in that area are fragile around there. Roden continued that he is hopeful that this application will encourage more historic preservation in that area. Wright moved to recommend approval of this application for a Historic Landmark Designation to the Planning and Zoning Commission with a second by Crew. Motion approved (6-0). 34 EXHIBIT 6 EXCERPT OF THE DRAFT MINUTES OF THE APRIL 14, 2010 PLANNING AND ZONING COMMISSION MEETING 5. PUBLIC HEARINGS: Hold a public hearing and consider snaking a recommendation to the Denton City Council on the following items: A. Consider an application for a Historic Landmark Designation request for the property located at 322 Texas Street, and provide a recommendation regarding the appropriateness of the property to receive this designation to the City Council. The subject property is located within a Downtown Residential 2 (DR-2) zoning district. (HL10-0002, 322 Texas Street, Historic Landmark Designation Request, Jane Gurney). Jane Gurney, Project Manager, presented this request for a Historic Landmark Designation for 322 Texas Street. HLC recommended approval 5-0 and recommended that the applicant proceed with final process. The applicant Emily Roden spoke in favor of the request. Staff found that the property meets several of the criteria for Historic Landmark Designation. Staff recommends approval of this request. Closed the public hearing at 7:02 p.m. Motion: Commissioner Jay Thomas motioned for approval. Seconded: Commissioner Patrice Lyke On roll call vote, Chairman Walter Eagleton "aye", Commissioner Brian Bentley "aye", Commissioner Jay Thomas "aye", Commissioner Patrice Lyke "aye", Commissioner Thom Reece "aye", and Commissioner John Ryan "aye". Motion carried unanimously. Passed: 6-0 35 scour documentslordiimces\10%110-0002.doe ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 322 TEXAS STREET, LEGALLY KNOWN AS LOT 4, BLOCK 1 OF INDUSTRIAL SCHOOL ADDITION, AS A HISTORIC LANDMARK UNDER SECTION 35.7.6 OF THE DENTON DEVELOPMENT CODE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE. (HLIO-0002) WHEREAS, the Historic Landmark Commission and the Planning and Zoning Commission of the City of Denton have recommended that the property herein described be designated as a historic landmark in the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The property located at 322 North Texas Street, legally known as Lot 4, Block 1, of Industrial School Addition, is hereby designated as a historic landmark under Section 35.7.6 of the Denton Development Code. SECTION 2. The Property shall be indicated upon the zoning map of the City of Denton as a historic landmark by the letter "H", and the Property shall be subject to all terms, provisions and requirements of Section 35.7.6 of the Denton Development Code and such designation shall be in addition to any other use designation established in the City's zoning ordinance applicable to such property. SECTION 3. Any person violating any provision of this Ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offense. SECTION 4. This Ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this Ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: PAGE 2 APPROVED AS TO LEGAL FORM: This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - Z09-0011 (Girl Scouts of Northeast Texas) Hold a public hearing and consider an ordinance of the City of Denton, Texas, providing for a zoning change from the Neighborhood Residential 2 (NR-2) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, and superseding and repealing ordinance Nos. 87-113, 87- 154, and Specific Use Permit S-193, along with any special exceptions or legally nonconforming use status created as a consequence of the zoning classification change in 2002, for approximately 5.2 acres of land located at 4000 W. University Drive, legally described as Ranch Estates, Block E (SW Corner), in the City of Denton, Denton County, Texas (Z09-0011). The Planning and Zoning Commission recommends approval of this request (4-2). BACKGROUND The property owners (Girl Scouts of Northeast Texas) are requesting to rezone the subject property to allow the existing structure to be used as an office. A Specific Use Permit (SUP) was approved for this site on June 23, 1987 (Ord. No. 87-113), allowing the site to be utilized for a Girl Scout Council Office/Headquarters and Activity/Training Center. An amendment to this SUP was approved on October 6, 1987 (Ord. No. 87-154) permitting overnight camping for no more than thirty (30) campers. This SUP will be repealed should this rezoning application be approved. The Planning Division mailed eight (8) notices of the Planning and Zoning Commission public hearing to property owners within 200 feet of the subject property. As of this writing, staff has received no property owner responses to the proposed rezoning. Public notification information is provided in Exhibit 7. The Planning and Zoning Commission originally considered this application on November 18, 2009. At that time the Commission voted to recommend denial of the application with a vote of 4to3. The application then went before the City Council for consideration on February 16, 2010. The Council remanded the application to the Planning and Zoning Commission for reconsideration due to concerns of a procedural error. Specifically, the applicant was not given the opportunity for rebuttal after a property owner spoke against the proposed rezoning request. On April 14, 2010, the Planning and Zoning Commission recommended approval of this request (4-2). PRIOR ACTION/REVIEW • A Specific Use Permit for a Girl Scout Council Office/Headquarters and Activity/Training Center was approved on June 23rd, 1987. • An amendment to the Specific Use Permit allowing overnight camping for no more than thirty (30) campers was approved on October 6, 1987. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this zoning change request (4- 2). The Development Review Committee recommends denial of this rezoning request. EXHIBITS 1. Staff Analysis 2. Location Map 3. Existing Zoning Map 4. Proposed Zoning Map 5. Future Land Use Map 6. Floodplain/ESA Map 7. Notification Information 8. Letter From Applicant 9. P&Z Minutes from November 18, 2009 10. P&Z Minutes from April 14, 2010 11. Ordinance Prepared by: L Cindy Jackson, AICP Planning Supervisor Respectfully submitted: ~~XEA dxm~ Mark Cunningham, AICP Planning and Development Director 2 EXHIBIT 1 PLANNING DEPARTMENT STAFF ANALYSIS CASE NO: Z09-0011 DATE TO BE CONSIDERED: May 4, 2010 LOCATION: The subject property is located at 4000 W. University Drive, east of Masch Branch Road. APPLICANT Larry Reichhart, AICP Spring Brook Planning Group 2405 Mustang Drive Grapevine, TX 76209 OWNER: Girl Scouts of NE Texas 6001 Summerside Drive Dallas, TX 75252-5335 REQUEST: Consider the rezoning of approximately 5.2 acres of land from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. STAFF RECOMMENDATION COMPREHENSIVE PLAN DESIGNATION: SITE AND SURROUNDINGS: The Development Review Committee recommends denial of this zoning request. The subject site is located within an Existing Land Use/Infill Compatibility future land use designation. The property is currently developed with an office building. North: Neighborhood Residential 2 (NR-2) - single family residences. South: Industrial Center Employment (IC-E) - undeveloped East: Neighborhood Residential 2 (NR-2) - single family residence and pasture West: Neighborhood Residential 2 (NR-2) - undeveloped BACKGROUND INFORMATION: Pursuant to Section 35.5.2 of the Denton Development Code (DDC), professional offices and services are not permitted in the NR-2 zoning district. The SUP approved for this site is very specific regarding the types of office uses allowed. Ordinance No. 87-113 states that the site is to be used for a Girl Scout Training Office/Headquarters and Activity/Training Center. Since the ordinance specifies the Girls Scouts as users, all other potential users are precluded from utilizing this site. Rezoning this property would allow the property owners to sell or lease the site in accordance with the standards and uses that are permitted in the NRMU-12 zoning district. The Environmentally Sensitive Areas (ESAs) map identifies developed floodplain and stream buffer habitats on the subject property. Per Sec. 35.17.6, areas designated as developed floodplain require compliance with drainage standards, outlined in Subchapter 19, ensuring the efficient and safe conveyance of water. A preliminary visual and aerial photograph assessment of the site indicates that the area currently designated as stream buffer is a grassy drainage swale along the eastern property line that appears to have limited ecological value. The Applicant is encouraged to apply for an ESA Assessment so the site can be assessed to determine if the stream buffer ESA designation should be removed. Future development of the site is encumbered by the location of stream buffer ESA and floodplain (Please refer to Department and Agency Review and Exhibit 6). ANALYSIS: Comprehensive Plan Analysis: The subject property is located within an Existing Land Use/Infill Compatibility future land use designation. Existing Land Use/Infill Compatibility is described in the Denton Plan as the following: "Within established residential areas, new development should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the City be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service and commercial land uses is allowed." The proposed Neighborhood Residential Mixed Use 12 District (NRMU-12) is part of the Neighborhood Residential Land Use 4 category which was created to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. The Denton Plan states the following with regard to commercial development within the City: Organization of Commercial Land Use Goals: "To provide for commercial activities in planned activity or neighborhood centers, rather than on scattered sites or highway strips." "To maintain, intensify, and/or expand existing commercial areas, where appropriate, while removing commercial uses from, and stopping intrusions into, areas not appropriate for commercial use." This site is not located within either a planned activity center or a neighborhood center. It is surrounded by large lot single-family residential on three (3) sides and vacant land zoned for industrial uses (IC-E). Organization of Commercial Land Use Strate„ies "Commercial activity or neighborhood centers are the preferred location for retail, commercial, and community services and encroachment of these uses into other areas is discouraged." As previously mentioned, this site is surrounded by single-family residential on three (3) sides, and not within a planned activity or neighborhood center. "Service-commercial establishments locate in appropriate activity centers, rather than at haphazardly chosen locations that contribute to the formation of strip or spot commercial development." The location of the subject site along S.H. 380/University Drive could encourage the development of other service-commercial uses in the area. It could be considered a "spot commercial development". Staff finds that the proposed zoning change is INCONSISTENT with all of the above referenced commercial land use goals and strategies. 5 Development Code/ Zoning Analysis: The following tables identify and provide a comparison of the uses permitted in the NR-2 and the NRMU-12 zoning districts: Categories Residential Land Use Agriculture P P Livestock L(7) L(7) Single Family Dwellings P P Accessory Dwelling Units SUP L(1) Attached Single Family Dwellings N P Dwellings Above Businesses N P Live/Work Units N P Duplexes N P Community Homes For the Disabled P P Group Homes N SUP Multi-Family Dwellings N L(4) Manufactured Housing Developments SUP N Categories Commercial Land Use Home Occupation P P Bed and Breakfast N L(10) Retail Sales and Service N L(15) Professional Services and Offices N L(14) Laundry Facilities N P Equestrian Facilities SUP N Outdoor Recreation P SUP Temporary Uses L(38) L(38) Industrial Land Use Categories Kennels L(37) 12 N Veterinary Clinics L(14) N Gas Wells L(27) SUP L(27) Categories Basic Utilities NR-2 L(25) NRMU- L(25) Community Service N P Semi-public, Halls, Clubs, and Lodges SUP L(15) Adult or Child Day Care SUP P Kindergarten, Elementary School SUP P Middle School N P Elderly Housing N L(13} The following are general regulations for the NR-2 and NRMU Districts: General Regulations Minimum lot area (square feet) NR-2 16,000 NRMU- 12 3,500 Minimum lot width 80 feet 30 feet Minimum lot depth 100 feet 80 feet Minimum front yard setback 20 feet 10 feet Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a street 10 feet 10 feet Minimum rear yard 10 feet 10 feet The following limits apply to subdivisions of more than 2 acres in lieu of minimum lot size and dimension requirements: 7 General Regulations Maximum density, dwelling units per acre 2 1 Minimum side yard for non-attached 10 feet 10 feet buildings The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform to the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GIVA) of the accessory residential structure shall not exceed 50% of the GIVA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GIVA unless the lot meets the requirements of L(1).5. 4. One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GIVA) of the accessory residential structure shall not exceed 50% of the GIVA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(4) = Multi-family is permitted only: 1. With a Specific Use Permit; or 2. As part of a Mixed-Use Development; or 3. As part of a Master Plan Development, Existing, or 4. If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. 2005-224; or 5. If allowed by a City Council approved neighborhood (small area) plan. 8 L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L(8) = Travelers' accommodations, are permitted, provided that 1. The business-owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter. 3. That only one ground or wall sign, constructed of a non plastic material, non-interior illuminated of 4 sq. ft. maximum size is allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. 4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. 5. All travelers' accommodations shall be within 200 feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than 8 guest units. L(10) = All restrictions of L(8), but limited to no more than 5 guest units. L(13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. 9 L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L (37) = 5-acre minimum land area required and no more than 25 kennels per acre allowed, including indoor and outdoor runs. A natural buffer strip is required adjacent to any residential use. L (38) = Must meet the requirements of Section 35.12.9. The NR-2 zoning district is primarily a residential use district. The NRMU-12 District permits many distinct types of housing which are not allowed in the NR-2 District including attached single family dwelling units, duplexes, group homes and multi-family development. The NRMU-12 District also contains a commercial component, permitting retail sales and services (with a limitation on the maximum floor area per lot); bed and breakfast facilities (with a limitation on number of bedrooms); professional offices and services (with a limitation on gross floor area). Institutional uses such as community service facilities and elderly housing are also permitted in this district. It is staff's opinion that the introduction of commercial zoning that permits non-residential uses in this residential neighborhood is problematic. The north side of University Drive is entirely residential in both the existing zoning designations and existing uses in this area. Staff is concern that introducing a commercial component in this area will encourage the rezoning of adjacent parcels and ultimately change the residential character of the area in an unorganized fashion. The closest NRMU-12 District to this site is approximately 0.91 miles to the east, on the east side of IH-35. DEPARTMENT AND AGENCY REVIEW: The Development Review Committee has reviewed this rezoning request and provided comments and general information. All comments have been addressed. The Watershed Protection staff made the following comments regarding any future development on the site: 10 1. The Environmentally Sensitive Areas (ESAs) map indicates developed floodplain, and stream buffer within the limits of the subject property. 2. Sec. 35.17.6 of the Denton Development Code (DDC) requires compliance with DDC Subchapter 19 for development within designated developed floodplain ESAs. 3. The stream buffer ESA extends 100 feet from the center line of the existing channel located east of the subject property. Uses within areas designated as stream buffers are regulated in DDC Sec. 35.17.8. No structures are allowed in areas designated as stream buffers. 4. Any deviations from ESA regulations will require an alternative ESA plan, as outline in DDC Sections 3153.4 and 35.17.12. 5. An ESA assessment for confirming the existence of the stream buffer ESA is recommended. 6. An ESA Review, per Section 35.17.4, will be required prior to any land disturbance activities within or in close proximity of the stream buffer ESAs, if the ESA is confirmed. FINDINGS: Pursuant to subsection 35.3.4.13 of the DDC, the criteria for a zoning amendment approval are established via the following standards: 1. The proposed rezoning con fornis to the Future Laud Use element q f the Denton Plan. It is staff's determination that the proposed NRMU-12 zoning District is INCONSISTENT with the Future Land Use designation of Existing Land Use/Infill Compatibility as defined in the Denton Comprehensive Plan. 2. The proposed rezoning. facilitates the adequate provision Q f transportation, water, sewers, schools, parks, other public requirements and public convenience. The provision of adequate public facilities for this proposal was reviewed by the Development Review Committee. The site is currently served by an existing 12" water line located on the south side of University Drive and an existing 8" sanitary sewer line which is located along University Drive. 11 EXHIBIT 2 LOCATION MAP 12 EXHIBIT 3 EXISTING ZONING MAP 13 EXHIBIT 4 PROPOSED ZONING MAP 14 EXHIBIT 5 FUTURE LAND USE MAP 15 EXHIBIT 6 FLOODPLAIN MAP 16 EXHIBIT 7 NOTIFICATION INFORMATION iY. 200 ft Public Notification Date: 3/29/10 200' Legal Notices* sent via Certified Mail: 8 500' Courtesy Notices sent via Regular Mail: 16 Number of responses to 200' Legal Notice ■ In Opposition: 0 ■ In Favor: 0 ■ Neutral: 0 EXHIBIT 8 LETTER FROM APPLICANT September 25, 2009 Mr. Mark CUnningha111, AICP Director of Planning and Development City of Denton 2'21 N Elm Denton, TX 76201 Dear Mr. Cunningham, Re: Eoning /Amendment application for 52t acres located at 40110 Vv University Drive (R21180„i in the Citv of Denton, Texas. (Girl SCOUtS of Northeast TX- Rezoning - PACM-00731 Dear Mr. Cunningham, The Girl Scouts of Northeast Te>:as are proposing to rezone their property on Vv. University Dnve (E:>::hibit 1) from NR-? to NRIMU-12 to allo%^i office use on the property. There are Vuo Current SUP's on the property. One allo^ s the Girl 5routs to Utilize the property for an office and the Other allows them to camp on the property. If the property is rezoned. both of those SUP could be rescinded. Prior to the girl Scouts acquiring the property in 10=S7. the property %aias used by a veterinarian. PROJECT NARRITIVE the subfer_t property is r_Llrrentl'y zoned fJR There Is NR zoning to the north, east and west and IGE to the south (Exhibit 1). V1ie are seeking NRMU-12 zoning to accommodate the intended use (office). The Current office structure (Exhibit 2i is approximately 3.500 sf. Base on the City of Denton mapping. the entire property is enCUmbered by ESA. developed floodplain ,ith floor ~a,d along the eastern portion of the site am a '.-ery small section in the southeast corner is ESA strearr IlUffer. Although the NRIMU-127' zoning V~oul allOVJ up to 10.000 sf of office on the property. expanding the existing building or redeveloping the property -Al be ':-ery difficult Clue to the limitations associated th the floodplain. Therefore. it is extremely likely that the current site ConfigUratlon Will not lie altered if the property is rezoned. Site history: The property is platted. Ranch Estates Blk E(s%v Cornerj. 2405 MLIStang Drive i Grapevine, Teas 76051 1469-955-3`80! 31 7 29-4453 (Fax)' 18 Surrounding property uses: North: Single-Family (NR-2) South: Undeveloped (EC-E) East: Undeveloped (NR-2) West: Undeveloped (NR-2) Existing Site Conditions: • Currently on site is the main office i lodge building a smaller separate office building, a storage shed, asphalt parking and a security fence. • Based on city mapping, there is an existing 12" water line along the south side of University. • Sanitary sewer service is available via an existing 8" line along University • The property is relatively flat with some scattered trees. • Access to the property is from University (US Hwy 380) which is classified as a Primary Major Arterial. Proposed Site Conditions- • No Changes are proposed or anticipated:. • No Overlay Restrictions are proposed. Adeauate Public Facilities • The existing office (less than 4,000 sf) is aurently served by the public utilities noted above. The most intensive use of the property allowed in the NRMU-12 zoning district is office use. The maximum office size allowed in the NRMU-12 zoning district is 10,000 sf, however due to the floodplain on the property expansion of the existing building is not likely. Therefore, the existing utilities and infrastructure are adequate to serve the most intensive use allowed in the NRMU-12 district. • As noted in the PAC09-0073 DRC comments, ROW dedication, sidewalk construction and the extension of a water line across the property frontage would be required upon future development of the property. Denton Develonment Code A • Although no development is proposed, the NRMU-12 zoning district is the least intensive zoning district that allows the site to be utilized as it has been (office use) without an SUP and protects the surrounding neighborhood by limiting the maximum size to 10,000 sf. Future development will have to adhere to the DDC. Paqe ? of 4 19 Denton Plan Analysis: • The existing Land Use Classification for the this property is Existing Neighborhoods I Infill Compatibility The definition of Existing Neighborhoods I Infill Compatibility (Page 37) is: Existing Residential /fnfill Compatibility Within established residential areas, new development should respond to existing development with compatible land uses. patterns. and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. Response: The proposed NRMU-12 zoning district is compatible with the existing office use. The surrounding neighborhood is protected by the size limitations afforded that zoning district and by the floodplain regulations and restrictions. • As stated on page 41 of the Denton Plan - "The role of commercial activity in the city is to provide convenient and available retail service, and commercial opportunities to residents of the Denton market area." Response: The rezoning of this property provides that opportunity to other entities besides just the Girl Scouts while having no impact on the adjacent land uses. • One of the Commercial Goals & Strategies (page 45) of the Denton Plan is "To provide for reasonable amounts and distribution of various types of commercial land use in attractive and well-located settings Response: This property has been utilized commercially for over 20 years. First for a veterinarian and most recently as a Girl Scout office. Rezoning the property to NRMU-12 will allow this property to continue to be utilized. General Criteria for approval (§35.3.4.13 DDC) analysis: 1. A complete application and fee shall be submitted. Response: A complete application & fee was submitted. 2. Applications may be approved when the following standards are met: a. The proposed rezoning conforms to the Future Land Use element of The Denton Plan. Response: The proposed NRMU-12 is consistent with the existing land use designation (Existing Neighborhoods, Infill Compatibility. b. The proposed Specific Use Permit meets the criteria set foith in Subchapter 6, and conforms to the purpose and intent of The Denton Plan. Response: N/A for zoning amendment, however, if the rezoning is approved two existing SUP's are no longer needed. Page3of4 20 it : ll_ Ii I', II lit -11 I.-I1_i Response: Adequate provisions for public utilities and conveniences exist (see analysis above and PAC09-0027 engineering c,.onlnients). There wPjili be a benefit to the local school district (pad+rrrent of school tax's but no students to eclucatej and no impact on parkas because this m not a residenriai de:gel apry7 ent y'ir r'll!H - ' 1, r II-I',.I_I H J'. I I H-1 H ' i- I III- l y'.III _ I.;I: 1 11 l1 '1I. ,1__ .I1C -111.1 11 ~1-1 I LI. I _i1 r11 I!- tl_rl :11 I__r1-1- 'c lIt - rl ~I ~l t F -P 11 ~ 11 l ~ i t'~ 111- ~ t I~ I l 1' f I ~ r 1 I I h "i r I [r ill' I. ..`I I' II I I I'. I l I -1. i III 1(+..i I I 1 -.1.1 --1 1 II F' 1 _ 1 I I 21 Exhibit SITE PHOTOS 22 F \hihit 3 ,~~1r~1~,rt~lrT Lw,elt,pureut '_odc 35.5.2 Neighborhood Residential 35.5.2.1 Purpose. TI ir l,i n7, 111, Vdlhrnli ..1 P., =lrl,'TI 11a1 lnri 1 i i= r• 1 „ 1 rc aril l,r;,i, 9 U-I1TI ri 1!dflil itI is d d I Tl :1 Ill' Ili.n hot, a,rrnrr„nil ~.n11 ,1,-.%IIII,-1 11 re]:]I :Ill rrn rn,I,~-,:n +I.i n:l.,i 1,-1 -n11, 1 1 n,-.i, rl111 ii1, Ti I,- N, I I H-, I Lor,el 1 Irb-nTlal rrr In,lnr1, 35.5.2.2 Permitted Uses. I'hr fi;ll:. n. n"= ,rnrl rhrir a ~r,ir~ n r,, hri, rr, .I rz-irFin thy; Ar-L. rh--J iL- Cl,nrrl -Il~rrl,r. Residential Land Use Categories Agriculture NR-2 NRMU- 12 P P Like Mork Limited to 1 animal per ae s Single Family Dlyellings F P ccc,sory Da,ellincl Units tLU1F L,11 Attached Sin,ule Family D-11ings rl P D!,ellinns Above Businesses H P Li~,e'Work Units 11 F, Du~!le;;es fJ P Community Homes For the. Disabled Clr6up Homes F H P -SUP Multi-Family U':wellings H L,:4 MF permitted w:' SUF Manufactured Housing De%relot:m,,nts SUF M 51 23 Commercial Land Use Categories Home Occupation NR-2 F NRMU- 12 P Sale of Products Groan on Site Hotels Motels Bed and Breakfast It It It 11 11 H It Li lUi Restricts the number of units Retail Soles and Seniice 11 Li15i L( 15i=I 11 111rilI II,TI 1l,-1 iris 10 rl-,•,I,t L!~- il, '.11c1 ~rL b-.1 . 311 P 1- L -luiLrJ )_t1 '.l~~lll~ 1111 I'Jto`.ie Theaters IJ I'1 Restaurant or Prelate Clud Drive-through Facility h It Pl It Protessionel S=1%lots and Otfises 11 Li 141 Li14)- I,<<..in-Ilnilir~l in~~nnarrlr.iii lr~~.~OIi ~ nf,~ =fl~asrr~r Oulck Veh icle Serli do q Pl ~lnarr lr~i Dl Vehicle Repair N H Auto and RV Soles hl H Laundry Facilities Pl P Fquestrion Facilities SUP H Outdoor Recreation indoor Recreation P It SUP It Major E;ent Entertainment It 11 -,ornmercial Parking Lots hl M P_dministrati~ of Peseai-h Facilities hl H Doadcastlna of FI'Odu CtIOn Studio It 11 S'exuslly Oriented Business Temporary Uses Id L,~'.) 11 LI3':, 5 -2 24 `-uLrLaptel ."cI, 11rnenl i nd, F'rintincI'PuCdishind h 11 Bakeries N II l,.lanufecture of Plon-odoriferous Foods k H Feed Lots fl H Food Processing fl H Light Manufacturing tl 11 Heavy Manufactuimci N H 'uldholesale .`sales fl fd Wholesale Nurseries hl H DishilUtion Center k 11 Wholesale Storage-and Distril]gtIOn N 11 .pelf-Sel Vice -storage k H Construction Materials Sales PJ Pl Junk Yards and Auto Wrecking 11 H Kennels Ll3 ld LIB/ -:1;'Ii I11II1III II 11111:111 :1 r1':1 ri 11 II r,1I1i I, 1,.1,'111:111 '111111,'1 ~ 1'.IC1'i 111 I 111'11111111,' 1r11 ~11111 11' 11 1111. \ 11:1111 1'.1 11111 -lll~ I~ I~ llllll'i :li :1 :'i11 ; x:111\ V/eterinai, Clinlcs L114) fd L114) = I- z~z -i- Lurul-I L, 11. 11 - tt,ui P ~ b n 1 i1.lua- L-I 1 ll. 1 rt-.1 Sanitary Landfills. Commercial t1 lJ Incinerator. Transfer Stations SUF' Ga, P e II- Li^_r LI"9i K,~nnclS_ A ct (limey Cia,, W,:1I :n,~ mur,~ r~titlicti~c in NR\.It 1- II 5 -3 25 hd' pter Institutional Land Use Categories Basic Utilities Li25i Li2t:i C ommunity Ser~~ice P P Parks and (-pen Space P F Chwches P P Semi-public, Halls. Ciubs. and Lodges SUP D 15) L(151= 11,- 1in-~Im, I n; nc: rhrn r,- _i~ s- 11 01 u1r~i t c1 li t. n11 I P -tuiccd =,Ina t -stn, ~T. -~,nri I'nLll:, I lall htL~ an I I Busines /Trade School H h=rr-:t I:~r=. H Adult or Child Day Care SUP P Kindergarten. FJementary School -SUP Middle School 11 P F High School H H Colleges H Hc,pital Pl Pl H Jderly Housing H b I LI 1 J1 - 1_ - c. j- laini i-1 LV 11,, 111! 10 Medical Center Gl - - Lemeteries N t-1 .-,1 Gl - H Mortuarias 11 H 5-4 26 tinhahalu cr Uc•~tLpuicuL i',~Je 35.5.2.3 General Regulations. General Regulations NR-2 NRMU- 12 Minimum lot aree (square feeh 15,000 Minimum lot width Pilinimum lot depth 80 feet I00 feet 30 feet d0 feat MinIII umfrOM ynrdsetbnLk Mininnim side yard 30feet 5 feet IOfaet 5 feet Inlinimum side yand adjacent to a strert I) feet 10 feet Minimum rear yard 10 feet 10 feet 'IL- L~ ll,•.cun. lurut- a17 alt t~ P-ll Ai llD-- tli_ui _ ~D-LO iii lh a Cnunin iiinl h,I sn,l ~Ilni~ ma .n r, ~1111- nipnl General Regulations NR-2 NRMU- 12 U-'IMuM density. P:roelling unib ei -acre _ 12 Minimum 11111 yard for non-attached I'~uildinys 1,1 feet 10 feet I'll fall ,~,cin lirlil> aI~I~1~ Icy aII I~uilALn,-> Maimum lot co,erane 60'9 Minimum land aped are - 409s. Mar;imum building height 40 feet 4n feet I'°~ feet I feet plus 1 plus 1 foot for foot for Minimum yard r;hen abutting a sinq le- each each _ family use or district foot of foot of building building height height ab0"e aho.:e _feet 29 feet 55 27 EXHIBIT 9 Pill Meeting Minutes of November 18, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 77 CHAIRMAN EAGLETON: Moving forward to Item S D, the Girl Scouts. Cindy. MS. JACKSON: Thank YOU, Mr. Chairman. 1 should just pull up a chair to the podium for the rest of the night. 709-0011 Is a request to approve - rezone approximately 5.2 acres of land from the NRMU, Neighborhood Residential-2 district to the NRMU-12, Neighborhood Residential Mixed Use 12 district. A Specific Use Permit for this site was approved on June 23, 1987, which permitted the site to be utilized for a Girl Scout council office and headquarters and activity and training center. An amendment to this SUP was approved on October 6, 1967, which permitted up to 30 persons to camp on the site overnight. This rezoning request is pursuant to the Applicant vvishing to sell the property. Because of the SUP, the SUP is very specific in the use of the site. It can only be used as offices for the Girl Scout organization. This rezoning is pursuant to that proposal to sell the property so that tire offices can be used by other users. The site is located at 4000 (Nest University Drive. It is east of Masch Branch Road and Cindy Lane here. And this is Western Dive right along here. The site is currently zoned NR-2. The proposed zoning is NRLIU-12. The future land use map designation is existing land use. This is a view of the site from the southwest 79 1 There are issues with regard to the stated goals 2 for commercial development. As stated in the Denton plan 3 regarding that service commercial establishments should locate 4 in appropriate activity centers rather than haphazardly located 5 locations that contribute to the formation of spot commercial 6 development. Therels also the issues of creating an isolated 7 coning district in this event. 8 For these reasons, the Development Review 9 Committee recommends denial of this request. The Applicant is 10 present if you have any questions. 11 CHAIRMAN EAGLETON: Okay. Do we have any 12 questions of Start? Okay. Dr. Schaake. 13 COMMISSIONER SCHAAKE: What is the zoning 14 immediately east of this property 15 MS. JACKSON: It is NRMU-2. Go back to the 16 excuse me, NR-Z. 17 COMMISSIONER SCHAAKE Is that the case all the 18 way up to is that Cindy Lane? 19 MS. JACKSON: Uh-huh. That's Clndv Lane right 20 there. This is Cindy Lane. 21 COMMISSIONER SCHAAKE: And so from the point of 22 this property to Cindy Lane, that is all NR-2? 23 MS. JACKSON: That's correct. 24 COMMISSIONER SCHAAKE: Okay. Thank you. 25 M5. JACKSON: You are welcome. 78 looking towards the northeast, and you can see the office administration building. This is a review of excuse me a view of the eastern side of the site looking toward the north. You can see in the back here the adjacent residential that is along the north property line. This is a view of the western property line. Right along here, the tree line is the western property line right here. And this is a view of the eastern property line, which is back here from the west. As noted in the Staff report, the site complies with the required findings for rezoning applications, which are the following rezoning requests conform to the future land use element of the Denton plan, and the proposed rezoning facilitates the adequate provision of transportation, water, sewer, schools, parks, and other public requirements and public convenience. Staff sent out eight notices to property owners located within 200 feet of the subject site and we received no responses. The Development Review Committee, after reviewing this request, recommends denial of this request, even though this site does comply with the required findings of fact for rezoning. While it would be practical to go ahead and approve this because of the existing use, the Staff has concerns about introducing commercial land uses into a site that is rather rural and has no adjacent commercial uses in the area. It is primarily residential on the northern side of Universill 80 1 CHAIRMAN EAGLETON: All of that NR-2 that fronts 2 University or 380 there, I am riot seeing any development there. 3 You may have covered that, but 4 MS. JACKSON: Well, along the frontage here, right 5 here there is no development. The residential is back here. 6 COMMISSIONER BENTLEY: There are some houses on 7 .38o. 8 MS. JACKSON: There is a house here and a house 9 here and here. But right here, adjacent right here, that's not 10 currently developed. However, it is residential all along in 11 here. 12 CHAIRMAN EAGLETON: Okay. Any other questions of 13 Staff? Okay. If not, if the Applicant is here and wishes to 14 speak, please come down. 15 P1S. WALKER: Good evening, Mr. Chairman and 16 Commissioners. I am Colleen Walker. I am the very proud CEO 17 of the Girl Scouts of Northeast Texas. And our building is 18 located at 6001 Summerside Drive in Dallas. 19 I want to thank you in advance for allowing us to 20 present our rezoning request tonight. I know you have had a 21 very full Agenda since five o'clock, but Girl Scouting has an 22 incredible history in Denton. And, in fact, in 1917 the very 23 first Girl Scout troop formed in the State of Texas was formed 24 right here by Ms. Beulah Harris, which is pretty exciting in 25 terms of Girl Scout history. r ~nlv lvllvv a cvly llvu r•U O~II. nCH RIIVU .111-In I b. zWv 28 81 1 Today we serve 5,230 girls in this area and 2,703 1 2 adults. So that's nearly 8,000 active Girl Scouts and adult 2 3 members. So we are very busy in this community. 3 4 The property in question is effectually known as 4 5 Our log Cabin. It is at 4000 West University Drive. And we 5 6 have owned it since 1987, which you know. During the first 20 6 7 years you knew us as Crosstimbers Girl Scout Council. And two 7 8 years ago, as part of a national realignment with the Girl 8 9 Scouts of U.S.A., we have gone from 312 councils down to 112. 9 10 So three legacy councils have all joined together, 10 11 Crosstimbers, Red River Valley, and Tejas. And so now we are 11 12 the Girl Scouts of Northeast Texas. 12 13 For the past past two years be we have been 13 14 looking at how we can best serve our girls and our family. And 14 15 we have to be true to our mission in all that we do. And it is 15 16 a very simple mission, and I will share it with you tonight. 16 17 Girl Scouting builds girls of courage, confidence and character 17 18 to make the world a better place. It is a mission that gets me 18 19 out of bed every morning, and my feet hit the ground and we 19 20 start running. 20 21 We have met with our volunteers and our families 21 22 pretty extensively over the past year, and the log cabin no 22 23 longer serves our needs. Very simply, we have outgrown the 23 24 building. The cabin is far too small to serve our building 24 25 membership. University west cf 35 is a well-traveled highway, 25 82 1 and the Texas Department of Transportation has increased their 1 2 access to the road. They haven't built yet, but they have 2 3 assumed an additional sliver of land. 3 4 As you might imagine, we don't use the site for 4 5 camping anymore. Quite honestly, it is too busy and our 5 6 parents don't feel comfortable with our girls camping there. 6 7 We have a wonderful camp site in Aubrey, just a little bit 7 8 north of here, so we use that instead. 8 9 So we are here tonight because we would like to 9 10 sell the property. And, unfortunately, it has little to no 10 11 value if we sell it as a residential piece of property. And we 11 12 have done a lot of research and we have talked to realtors and 12 13 we have actually had two offers, and they have both walked, 13 14 which was disheartening to a non-profit, especially in this 14 15 economy, because of the residential zoning. 15 16 So thus we have kind of found ourselves in a 16 17 pickle, quite honestly. When I think about trying to sell it 17 18 as residential, I an a mother of two, and having a young family 18 19 I think it is hard with a log cabin right there. And our 19 29 families don't feel comfortable pulling in off the road. So we 20 21 found bigger space in town. And we need to honor the needs of 21 22 our families. 22 23 I want to tell you just two small things before I 23 24 turn it over to my colleague, Larry. The value and the need 24 25 for girl scouting can't be overemphasized. And as an 25 83 architectural engineer, I am big on statistics. But our Girl Scout Institute just in the last 60 days came out with these stats. If a girl is in Girl Scouting for five or more years and, parents, this is good to listen 90 percent of our girls will not feel pressured to drink alcohol- 96 percent will not fee! pressured to experiment with illegal drugs. 98 percent will never experience a teen pregnancy. And only one percent will ever go before a juvenile court. You might think, well, is that important? Not important? Well, 25 percent of all young people going before a juvie court today are girls. but if you are a Girl Scout, chances are that won't happen. You know, very simply, I am here to ask that you support our work. We can't have, you know, we can't have an asset that would cancel the girls. We are not being good stewards of what we set out to do. And, just very simply, I respectfully ask on behalf of the board of directors and all the girls that we serve that you consider this rezoning request and put it forward to the Council. So, Larry MR. REICHHART: Larry Reichhart with Spring Brook Planning Group, 2405 Mustang Drive in Grapevine, Texas. We did talk about quickly why we're here tonight, really, to utilize the property - that others can utilize the property for office use. We saw some pictures from Staff already of the site. And, again, there are existing residents. Right adjacent to us is a pasture. But, as a matter of fact, 184 the property owner is here tonight. What we are looking at, the building is approximately 380 feet from the rear of the property line, over 500 feet to our closest residents. It is funny. You can locate a gas well on this property with the existing zoning with a water protection permit, but you can't utilize it- anybody else ut'rli7e it for an office. Prior to the Girl Scouts owning the property, it was used by a veterinarian. A little bit closer, there is almost an acre, 37,000 thousand square foot of pervious surface on this property. And It is not your typical residential site. Where we front U.S. 980, which is a primary major arterial. Additionally, the entire property Is encumbered by fiood plain. That's going to limit redevelopment potential on that property- What you see is, basically, what you get, is that little office. Within the Staff report, some of the comments, you know, with an established residential area is new development shall respond to existing development. Well, this isn't new development. It has been on the property for well over 20 yea rs. Additionally, the proposed Neighborhood Residential Mixed Use-12 district is part of the Neighborhood Residential land use category that was created to preserve and protect existing neighborhoods and to ensure that any new 29 86 1 development is compatible. So it almost stands to reason that 1 2 If we get that zoning, we are still preserving and protecting 2 3 the existing neighborhood, especially with the flood plain i 3 4 limiting development on the property. 4 5 Another statement, the Organization of Commercial 5 6 Land Use goals regarding the activity of neighborhood centers 6 7 rather than scattered sites or highway strips, I mean, there 7 8 are really few neighborhood centers. Traditionai development 8 9 in Denton is still your traditional commercial development. I 9 10 don't know if we are scattering this site that's been there 10 11 over 20 years, and I don't know if one property constitutes 11 12 strip development And, to me, property that has been a 12 13 nonresidential use for over 20 years that is adjacent to 380, 13 14 across the street from industrial zoned property and adjacent 14 15 to single-family, is an appropriate location for the NRMU-12 15 16 zoning. 16 17 Additionally, regarding the Organization of 17 18 Commercial Land Use strategies, it does say commercial activity 18 19 or neighborhood centers are the preferred location for retail. 19 20 It doesn't say any other is prohibited. It just says those are 20 21 preferred. And, again, Denton traditionally is non activity 21 22 center development. And, again, I believe an existing 22 23 structure does not that has been used for nonresidential 23 24 uses for over 20 years is not haphazardly chosen, as is one of 24 25 the goals in the Denton plan. 25 86 1 Arid, again, I think the comprehensive plan is an 1 2 overall plan. We know that a general guide for the city covers 2 3 broad topics, geographic areas, and it shouldn't be the 3 4 limiting factor here in analyzing the zoning request. And this 4 5 site doesn't fit the mold for that. It has been used for the 5 6 same use for well over 20 years. And, again, I said it is 6 7 adjacent to a primary major arterial across the street from 7 8 industrial zoning. And the site has limited redevelopment 8 9 potential because of the flood plain. 9 10 I believe that the rezoning to NRMU-12 is 10 11 appropriate. It provides limitations that protect the adjacent 11 12 residential. The flood plain alone ojill do that. But it 12 13 allows for functional use of the property, it is not very often 13 14 you hear Staff say the application meets the requirements, and 14 15 it might be practical. And, yet, they still recommend denial. 15 16 It doesn't seem to make sense in this case that 16 17 that site that was designed for office use can't be utilized by 17 18 someone other than the Girl Scouts. And, with that, I would be 18 19 happy to answer any questions. And I do know why it was 19 20 rezoned NRMU or NR-2. 1 know why the other side was, too, 20 21 But, quite honestly, it is a simple matrix. If the property 21 22 had one zoning classification and it was in land use category, 22 23 in this case neighborhood centers, it came out NR-2. We didn't 23 24 look at each site and say, well, we did not zone the city. Vie 24 25 try to be consistent throughout. That's why this is zoned 25 87 NR-2. CHAIRMAN FAGLFTON: Okay. Any questions of Larry or the Applicant' Okay. If not, we will open the Public Hearing at this time. We don't have any cards. The only card I have here is from Larry Reichhart. But do we have anyone in the audience? Okay. Sorry. We do have one person who would like to speak, if you will come down and state your name. And I will just repeat for those who may not have been here earlier, you have three minutes to speak. And the time will be on the wall over here. MS. HILPIRT: My name is Deborah Hilpirt, 3907 Lariat. Our property adjoins the Girl Scout property. Originally, all of that property belonged to Doc Harding. He built his residence, he built a barn out of logs. He butt the cabin out of logs. And he donated the land to the Girl Scouts and built their facility in the same manner that our barn and our cabin. It is not it does not look like an office. And he gave them that in good will, and he lived there with that in good will because it matched his property. It did not look like an office development. It was not commercial property. And I don't think he envisioned seeing offices built there, other than the Girl Scouts, Isn't that why he donated the property? MS. WALKER: I don't have an answer to that 88 question. MS. HILPIRT: I can tell you it is. His daughter was a Girl Scout, and that's why he donated the property to the Girl Scouts. I don't think he envisioned it as an asset to be traded off, CHAIRMAN EAGLETON: I would ask you to not engage the audience. If you will direct you r comment this way. MS. HILPIRT: And my horses and cows would appreciate not a lot of traffic right at that fence, because that's where they live, too. CHAIRMAN EAGLETON: So I take it you arc in opposition? MS. HILPIRT: Yes. CHAIRMAN EAGLETON: Dn we have anyone else who wishes to speak? Anyone who wishes to speak in support? Anyone else? For the third time, anyone else? If not, we will close the Public Hearing at this time. Commissioners? Commissioner Schaake. COMMISSIONER SCHAAKE: I am not sure if this is a question or a comment In terms of the zoning in that area could Staff where did Cindy go? You showed where there were some existing houses, I believe, along there. But I don't believe we have any residents abutting 350. 380 is like a major COMMISSIONER BENTLEY: We do. r ~r.rv irii~V t} LVIY IrvV YVDLII.. 1111111 NuvtMCEH 16, Luu) J 0 89 I COMMISSIONER SCHAAKE: Abutting 3807 1 2 COMMISSIONER BENTLEY: Yes, we do. 2 3 MS. JACKSON: Right here- 3 4 COMMISSIONER BENTLEY: There is more than that, 4 5 that that aerial is not shoving. 5 6 k1S. JACKSON: The aerial vrhlch was done in 2007 at 6 7 that time showed this one right here. 7 8 COMMISSIONER SCHAAKE: But that one is set back a 8 9 good distance From the highway. 9 10 CHAIRMAN EAGLETON: 1 am going to have to ask you 10 11 to refrain, please. Thank you. 11 12 COMMISSIONER SCHAAKE: We recognize 380 being this 12 13 major thoroughfare that is being widened, I believe, all the 13 14 way to the west, That would make L very difficult for 14 15 residents to came very dose to it. I think some other type of 15 16 zoning is really appropriate for this. And, again, we have gat 16 17 a piece of property with a flood plain that is going to be 17 18 restrictive to the type of development that can go there. 18 19 MS. JACKSON: Yes. it has got very real 19 20 iimltatlcns with regard to the flood plain issues. 20 21 COMMISSIONER SCHAAKE: Which, in itself, provides 21 22 buffer, I presume, to the reighbois. And, I mean, thats an 22 23 established neighborhood _hat you do want to protect very much 23 24 so. But some of the natural features of that site are going to 24 25 be natural buffers, as well, right? 25 90 1 k1S. JACKSON: Definitely. 1 2 COMMISSIONER SCHAAKE: I don't see how we can 2 3 maintain that particular zoning there, and so I 3 4 COMMISSIONER BENTLEY: Dr. Schaakc, you need to 4 5 know that there are multiple houses to the east of there. And 5 6 that rn hole development, and the houses even behind there, were 6 7 ail developed as small horse ranches. 7 8 COMMISSIONER SCHAAKE: Yes, I realize that. 8 9 CHAIRMAN EAGLETON: Okay. We have Co mnni sioner 9 10 Thomas, please. 10 11 CCMhIISSiCAER THOMAS: My question is instructional 11 12 from you. As I understand it could you put the flood reap 12 13 back up? 13 14 MS, JACKSON. I don't have the flood map here. It 14 15 is in yoir report. 15 16 MR. REICHHART: I have it on mine. 16 17 MS. JACKSON: Okay, good. There. 17 18 COMMISSIONER THOMAS: Okay. The darker byre, is 18 19 that a food way of that is that part of the flood plain? 19 20 MS. JACKSON: That's a stream. 20 21 COMi MISSIONER THOMAS: So every bit of the property 21 22 Is Currently in the flood plain? 22 23 MS. JACKSON, That's right. 23 24 COMMISSIONER THONIAS: So if the build na was tern 24 25 down, trey couldn't get a permit to build anotF-er build'mg? 25 91 MS. JACKSON: They would have to do a lot of flood plain mitigation. All cf this is considered to be stream ESA, stream buffer ESA, as well. COMMISSIONER THOMAS: Nor could they even geta building permit to expand t'hc current building? MS. JACKSON: f am sorry' COMMISSIONER THOMAS: Nor Could they get a building permit to expand the current building, correct? MS. JACKSON: No, they would not. If they want to do any development on the site, the first step would be to request an ESA evaluation of the site to determine axactly what the limitations of the ESA flood plain and stream bed are. COMMISSIONER THOMAS: Okay. Thankycu. CHAIRMAN EAGLETON: Any other comments, cuestionsl Okay. Commissioner Bentley. COMMISSIONER EENTLEY: Patrice is first. COMMISSIONER LYKE: As much as I appreciate the Girl Scouts of America, I always struggle with a rezo)rng request that's predicated on we need to rezone this piece of land in order to help anybody make money. I worry about the precedent-setting nature of a decision based upon :`n a;u_wnent that I cannot sell this land as it is, so please rezone this. When I do look, I realize that there are buffers. I realize that you are in ESA, but it is all surrounded by the NR-2 and the neighborhood behind there. I realize that spot 92 Zoning is something tha Ls decided by the Courts, not 5Qrr _ that's decided by us. But I have difficulty supporting a rezoning in this situation. CHAIRMAN EAGLETON: Okay. Commissioner Bentley. COMMISSIONER BENNETT: I am going to second exactly what Patrice said. I don't think it Is this Commission's duty to enhance value by rezoning. That's not what we're here for. CHAIRMAN EAGLETON: Any other commenLS? Okay. Just to make sure, I am going to Jose the Public Hearing and open the floor for either more comments or a motion. MS. WALKER: Am I allowed co come back up or no? CHAIRMAN EAGLETON: I arr sorry. We have dosed the Public Hearing. MS. WALKER: I have never done this before. I'm ri z, CHAIRMAN EAGLETON: That's all right. COMMISSIONER BENTLEY: I will make a motion to deny. CHAIRMAN EAGLETON: We have a motion on the floor to deny the request by Commissioner Bentley and a second by Dr, Lyke. Please vote on the board. And a motion a vote of yes would be in favor of dental. And a vote of no would be In favor of approval. Okay. The motion passes 4 to 3. (Commissioners Eagletor, Ryan, and Schaake ~utrvrvnv ~+a wrv uVV YU nLII. nlHMINb NVVtMBEKI~ 2UUH 31 93 55 1 voted no.) 1 2 C AIRhIAN EAGLETOW So that is a motion to deny 2 3 for the three. Thank you. We do need to take about a five 3 4 minute recess. We will take a five-minute recess starting now. 4 5 (break taken from 9:02 p.m, to 9:14 p.m.) 5" 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 40 21 21 22 22 23 23 24 24 25 25 94 96 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 70 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 r . tv-i"YV-LI'i MINI' NUVIEMULH 1820U9 32 EXHIBIT 10 P&Z Meeting Minutes of April 14, 2010 5. PUBLIC HEARINGS: Hold a public hearing and consider making a recommendation to the Denton City Council on the following items: D. Rezoning of approximately 5.2 acres of land from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. The subject property is located at 4000 W. University Drive (U.S. Highway 380), east of Masch Branch Road. (Z09-0011, Girl Scouts of NE TX, Cindy Jackson) Cindy Jackson, Project Manager, presented this request for a rezoning request to allow the existing structure to be used as an office. P&Z recommended denial on November 18, 2009 with a vote of 4-3. The application went to City Council on February 16, 2010. The City Council remanded the application back to P&Z for reconsideration due to concerns of a procedural error. Specifically, the applicant was not given the opportunity for rebuttal. Staff sent out eight legal notices and received no responses. Larry Reichhart, Spring Brook Group, spoke on behalf of the applicant in favor of the request. The applicant spoke in favor of the request. Several citizens spoke in opposition Larry Reichhart offered a rebuttal to opposing citizen's statements. The Development Review Committee recommends denial of this request. Closed the public hearing at 8:52 p.m. Motion: Commissioner Jay Thomas motion for approval. Seconded: Commissioner Thom Reece On roll call vote, Chairman Walter Eagleton "aye", Commissioner Jay Thomas "aye", Commissioner Thom Reece "aye", and Commissioner John Ryan "aye". Motion carried. Passed: 4-2 s:lour documentsWdinances1101z09-001lgirl scouts(2).doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM THE NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, AND SUPERSEDING AND REPEALING ORDINANCE NOS. 87-113,87-154, AND SPECIFIC USE PERMIT S-193, ALONG WITH ANY SPECIAL EXCEPTIONS OR LEGALLY NONCONFORMING USE STATUS CREATED AS A CONSEQUENCE OF THE ZONING CLASSIFICATION CHANGE IN 2002, FOR APPROXIMATELY 5.2 ACRES OF LAND LOCATED AT 4000 W. UNIVERSITY DRIVE, LEGALLY DESCRIBED AS RANCH ESTATES, BLOCK E (SW CORNER), IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABFLITY CLAUSE AND AN EFFECTIVE DATE. (Z09-0011) WHEREAS, Girl Scouts of Northeast Texas initiated a change in zoning for approximately 5.2 acres of land depicted in Exhibit "A", attached hereto and incorporated herein by reference, and legally described as Ranch Estates, Block E (SW Corner) (hereinafter the "Property") from the Neighborhood Residential 2 (NR-2) zoning district classification and use designation to the Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation; and WHEREAS, on April 14, 2010, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested change in zoning; and WHEREAS, the City Council finds the change in zoning is consistent with the Denton Plan and the Development Code; and; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The zoning district classification and use designation of the Property is hereby changed from Neighborhood Residential 2 (NR-2) zoning district classification and use designation to Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation. SECTION 3. Specific Use Permit S-193, Ordinance No. 87-113, and Ordinance No. 87-154 are hereby superseded and repealed by this zoning amendment, along with any special exceptions or legally nonconforming use status which may have been established as a consequence of the zoning classification change in 2002. SECTION 4. The City's official zoning map is amended to show the change in zoning district classification. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 6. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 7. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Exhibit A LOCATION MAP AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - ZIO-0003 (Diamond T Arena) Hold a public hearing and consider an ordinance of the City of Denton, Texas, providing for a zoning change from Neighborhood Residential 2, (NR-2) zoning classification and use designation and Neighborhood Residential 4, (NR-4) zoning classification and use designation to Rural Residential, (RD-5) zoning classification and use designation on 4035 acres, located on the east side of F.M. 428, approximately 659 feet north of Long Road, in the City of Denton, Denton County, Texas (Z10-0003). The Planning and Zoning Commission recommends approval of this request (6-0). BACKGROUND The applicant owns both the subject 4035-acre lot and an approximate 47-acre lot which is located directly to the east of the subject lot. The adjoining 47-acre lot is currently zoned RD-5. The subject 4035-acre lot was annexed into the City in 1974 (Ordinance No. 74-36) and was zoned Agriculture (A) until the 2002 city-wide rezoning when the zoning was changed to a Neighborhood Residential 2 (NR-2) zoning district and a Neighborhood Residential 4 (NR-4) zoning district. The majority of the site is undeveloped with the exception of a single-family home and a 73,000 square foot indoor arena. The arena was constructed approximately 10 years ago, prior the annexation of the site into the City. The applicant intends to plat the subject 4035-acre lot and the adjoining 47-acre lot to the east into one 8735-acre lot. The applicant is purposing to utilize the existing ± 73,000-square foot indoor arena as an equestrian venue to be utilized for various competitions such as roping and barrel racing. Equestrian facilities are permitted in the RD-5 zoning district that is being requested by the applicant. The use requires the approval of a Specific Use Permit (SUP) in the NR-2 zoning district and is not permitted within the NR-4 zoning district. On April 14, 2010, the Planning and Zoning Commission recommended approval of this request (6-0). PRIOR ACTION/REVIEW There has been no prior action or review on the subject site. 1 OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends APPROVAL of Z10-0003 (6-0). The Development Review Committee recommends APPROVAL of Z 10-0003. EXHIBITS 1. Location Map 2. Existing Zoning Map 3. Proposed Zoning Map 4. Future Land Use Map 5. Letter From Applicant 6. Notification Map 7. P&Z Minutes from April 14, 2010 8. Ordinance Prepared by: Cindy Jackson, AICP Planning Supervisor Respectfully submitted: Mark Cunningham, AICP Planning and Development Director 2 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: April 14, 2010 TYPE: Rezoning CC Date: May 4, 2010 PROJECT Z10-0003 Project Number: Z10-0003 Request: The applicant is requesting to rezone approximately 40.35 acres from the Neighborhood Residential 2 (NR-2) and Neighborhood Residential 4 (NR-4) zoning districts to a Rural Residential 5 (RD- 5) zoning district. Applicant: Allison Engineering Lee Allison 4401 N I-35, Suite 102 Denton, TX 76207 Property Owner: Location: Size: Zoning Designation: Future Land Use: Case Planner: DRC Recommendation: Summary of Analysis: Diamond T Arena Will Travis 6900 FM 428 Denton, TX 76208 The site is located on the east side of F.M. 428, and north of Long Road. 4035 acres Neighborhood Residential 2 (NR-2) and Neighborhood Residential 4 (NR-4) zoning districts. Rural Areas Cindy Jackson, AICP The Development Review Committee (DRC) recommends APPROVAL of Z 10-0003. The applicant owns both the subject lot and an approximate 47-acre lot which is located directly to the east of the subject lot. The subject lot was annexed into the City in 1974 (Ordinance No. 74-36) and was zoned Agriculture (A) until the city-wide rezoning in 2002 at which time the zoning was changed to Neighborhood Residential 2 (NR-2) zoning district and Neighborhood Residential 4 (NR-4) zoning district. DRC Findings/Reconunendation Page 3 of 29 4 2312010 11 22:08 M Casek Z10-0003 DRAFT The underlying future land use designation of Rural Areas is not consistent with the current zoning district designations. However, it is consistent with the proposed zoning district of Rural Residential 5 (RD-5). The applicant intends to plat the subject site and the property to the east into one lot, and to utilize the existing ± 73,000 square foot indoor arena as an equestrian venue. The venue would be utilized for various equestrian competitions such as roping and barrel racing. Equestrian facilities are a permitted use in the RD-5 zoning district; however, it requires the approval of a specific use permit (SUP) in the NR-2 zoning district. It is not a permitted use within the NR-4 zoning district. The surrounding area is agricultural in nature and much of it is undeveloped. The City of Denton Water Park and Natatorium are located to the southwest of the site, at the intersection of F.M. 428 and Long Road. The site has frontage along F.M. 428, which is classified as a Primary Major Arterial. Capacity is available on the roadway. F.M. 428 is considered to be unimproved as it is constructed with asphalt and not concrete. The nearest City potable water main is an existing 12" located approximately 400' north of the property along F.M. 428. The nearest City sewer main is an existing 12" gravity main located approximately 800' south of the property at the Long Road intersection. Subsection 35.21.2.A.1 of the DDC states that all developments shall be required to extend water and sewer mains across the full width of the development lot such that they can be extended to the next property. However, Subsection 35.21.11.1 of the DDC states that "Alternative water and sewer systems will be considered for developments that are located in areas that are impractical or economically infeasible to connect to the City's centralized water distribution and/or wastewater collection system." The applicant has communicated that connecting to and extending City's water mains would be cost-prohibitive at the current water use. However, the applicant has yet to submit a cost comparison substantiating this claim. Currently the applicant is providing bottled water for drinking purposes, as no water service is available. An existing well is located on the site but they are using it only for non-potable purposes at this time. The applicant is having well water quality evaluated; if the City determines it satisfies TCEQ and City criteria for potability, they will use this source for potable water. The applicant has an existing on-site septic system that they are currently using and they are planning to install a private sewage grinder pump within their site as well as a force main from the pump station to the existing gravity sewer along Long Road. The portion of the force main within their property would be private, and the remainder would be public. DRC Findings/Reconunendation Page 4 of 29 4 2312010 11 22:08 M Casek Z10-0003 DRAFT Findings of Fact 1. The request to rezone approximately 40.35 acres from the Neighborhood Residential 2 (NR-2) and Neighborhood Residential 4 (NR-4) zoning districts to a Rural Residential 5 (RI)-5) zoning district. 2. The subject site was annexed into the City in 1974 (Ordinance No. 74-36) and was zoned Agriculture (A) until the City-wide rezoning in 2002 at which time the zoning was changed to Neighborhood Residential 2 (NR-2) zoning district and Neighborhood Residential 4 (NR-4) zoning district. 3. The site is designated as Rural Areas on the Future Land Use Map. The Denton Plan states that land with this designation which is not used for large lot residential shall be utilized for agricultural uses. 4. The Rural Districts are meant to maintain an area of rural use within the City. Application of this district will ensure that the farming, forest, environmental and scenic values of these areas is protected from incompatible development that may result in a degradation of their values. 5. The subject site is not located within any overlay or historic districts. 6 There are no planned public improvements for potable water, sanitary sewer, drainage or transportation facilities serving the subject site. 7. The subject site is located along F.M. 428, which is classified as a Primary Major Arterial on the Mobility Roadway Plan. 8. The majority of the site is undeveloped with the exception of a single family home and a 73, 000 square foot indoor arena. The arena was constructed approximately 10 years ago, prior the annexation of the site into the city. The applicant has installed horse stalls and a gravel parking area on the site. Undeveloped land and agricultural uses are located on all sides of the subject site. 9. The adjacent zoning districts include Neighborhood Residential 2 (NR-2) to the north and west, Rural Residential 5 (M)-5) to the East, Neighborhood Residential 2 (NR-2) and Neighborhood Residential 4 (NR-4) to the Vest and Extraterritorial Jurisdiction (ETJ) to the South. 10. The Environmentally Sensitive Areas (ESA) Map identifies a riparian buffer ESA running along the eastern property line. Therefore, development on this property will be subject to section 35.17.8 of the DDC. H. The nearest City potable water main is an existing 12" located approximately 400' north of the property along F.M. 428. The nearest City sewer main is existing 12" gravity main located approximately 800' south of the property at the Long Rd. intersection. Applicant has an existing well but they are using it only for non potable purposes while the well water quality is being evaluated If it is determined that the well water satisfies DRC Findings/Recoimnendation Page 5 of 29 4 2312010 11 22:08 M Casek Z10-0003 DRAFT TCEQ and City criteria for potability, Applicant will use this source for potable water. Applicant is planning to install a private sewage grinder pump within their site, and a force main from the pump station to the existing gravity sewer along Long Rd The portion of the force main within their property would be private, and the remainder would be public. 12. Other information stated by DRC. A. Anticipated water demand 25,920 gallons per day (domestic only; not counting fire or irrigation) B. Anticipated wastewater demand 18,720 gallons per day C. Anticipated storm water demand 100 cfs (on-site detention will be provided). D. Anticipated transportation demand 500 trips per event (typically on weekends only). Development Review Committee Based upon the information provided by the applicant and a recent site visit, the Development Review Committee finds that with the recommended conditions the request IS CONSISTENT with the surrounding land uses and general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. Based upon the Findings of Fact, the Development Review Committee (DRC) recommends APPROVAL of Z 10-0003. GENERAL NOTES VOTE: 1-approval of this request shall not constitute a waiver or variance Born any applicable development requirement unless specifically noted ill the conditions of approval and consistent with the Denton Development Code. VOTE: All written corlirlwols made ill the application and subsequent submissions of h?formation made dining the application /vi wiv process, ii hich are on file with the City, of Denton, shall be considered to be binding upon Mc applicant, proviJcJ such conillwots are not at voriarrcc with the Denton Plan, Denton DevclopIlwatCode, or other dcrelopmcntr";yulations in effectatrhe [imc ofdevelopnzent DRC Findings/Recoimnendation Page 6 of 29 4 2312010 11 22:08 M Casek Z10-0003 DRAFT Surrounding Zoning Designations and Current Land Use Activity: Northwest: RD-5 Agricultural North: NR-2 Agricultural Northeast: RD-5 Agricultural West: NR-2 NR-4 , East: , Single Family Residential and RD-5 Undeveloped land Indoor Arena Southwest: South: Southeast: NR-4 ETJ ETJ Undeveloped land Undeveloped land Agricultural and office Source: City ofDenton Geographicallnformation System and site visit by City staff Summary of Surrounding Zoning Designations and Current Land Use Activity: The adjacent zoning districts include Neighborhood Residential 2 (NR-2) to the north and west, Rural Residential 5 (RD-5) to the East, Neighborhood Residential 2 (NR-2) and Neighborhood Residential 4 (NR-4) to the West and Extraterritorial Jurisdiction (ETJ) to the South. The surrounding area is agricultural in nature and much of it is undeveloped. The City of Denton Water Park and Natatorium are located to the southwest of the site, at the intersection of F.M. 428 and Long Road. Comprehensive Plan: A. There are no Goals, Objectives or Policies regarding Rural Areas within the Denton Plan. The plan does state that property located outside the urbanizing area which is not used for large lot residential uses shall be utilized for agricultural uses. B. Equestrian facilities are a permitted use in the requested RD-5 zoning district and require the approval of a specific use permit (SUP) in the existing NR-2 zoning district. It is not a permitted use within the existing NR-4 zoning district. There are currently 7,494.11 acres designated NR-2 in the City and 4,860.65 acres designated as NR-4. There are 8,416.98 acres designated RD-5 in the City, of which 56.623 acres are shown to be developed, according to the City of Denton GIS. The differences between the proposed RD-5 district and the existing NR-2 and NR-4 districts primarily relate to agricultural uses such as feed lots, sales of products grown on site, equestrian facilities, and wholesale nurseries which are permitted by right in the RD- 5 district and are either prohibited or require a SUP in the NR districts. The following tables illustrate the differences between the existing NR-2 and NR-4 districts and the requested RD-5 district: DRC Findings/Reconunendation Page 7 of 29 4 2312010 11 22:08 M Casek ZIO-0003 DRAFT Residential Land Use Categories RD-5 Accessory Dwelling P SUP SUP Units L(1) L(1) Attached Single N Family Dwellings N SUP Live/Work Units P N N Duplexes N N L(3) Group Homes SUP N N Manufactured Housing P SUP N Developments P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Industrial Land Use Categories RD-5 NR-2 NR-4 Feed Lots SUP N N Wholesale Nurseries P N N Kennels L(14) L(37) N Veterinary Clinics P L(14) N Gas Wells L(27) L(27) SUP L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Categories Commercial Land Use RD-5 Sale of Products P Grown on Site N N Bed and Breakfast L(10) N N Equestrian Facilities P SUP N Administrative or SUP Research Facilities N N Broadcasting of SUP Production Studio N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Institutional Land Use Categories RD-5 NR-2 NR-4 Basic Utilities P L(25) L(25) Semi-public, Halls, Clubs, and N Lodges SUP SUP Adult or Child Day Care P SUP SUP Kindergarten, Elementary P School SUP SUP P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 The development regulations for the three districts are compared below: General Regulations RD-5 NR-2 NR-4 Minimum lot area 5 acres 16,000 7,000 Minimum lot width 200 feet 80 feet 50 feet Minimum lot depth 250 feet 100 feet 80 feet Minimum front yard 50 feet 20 feet 20 feet L(2) Minimum side yard 10 feet 6 feet 6 feet Minimum side yard adjacent to street 50 feet 10 feet 10 feet DRC Findings/Recoimnendation Page 8 of 29 4i' 231201011 22: 08 M Casek Z10-0003 DRAFT General Regulations RD-5 NR-2 NR-4 10 feet, plus 1 foot for each Minimum rear yard foot of 10 feet 10 feet building height over 20 feet The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements: The following limits apply to all buildings: General Regulations RD-5 NR-2 NR-4 Maximum lot coverage except for ° 15 0 agricultural buildings 30% 60% Minimum landscaped area 75% 70% 40% Maximum building height 65 feet 40 feet 40 feet Maximum FAR except for single-family None uses NIA NIA 10 feet 10 feet plus 1 plus 1 foot for foot for Minimum yard when a use other than each each single family abuts a residential zone None foot of foot of building building height height above above 20 feet 20 feet The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited L(1) = Accessory dwelling units are permitted, subject to the following additional criteria 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, DRC Findings/Recoimnendation Page 9 of 29 4i' 231201011 22: 08 M Casek Z10-0003 DRAFT and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(3) = In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single family residence from the street. L(10) = All restrictions of L(8), but limited to no more than 5 guest units. L(8) = Travelers' accommodations, are permitted, provided that 1. The business-owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have 1 off-street parking space and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter. 3. That only one ground or wall sign, constructed of a non-plastic material, non- interior illuminated of 4 sq. ft. maximum size is allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. 4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. 5. All travelers' accommodations shall be within 200 feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than 8 guest units. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. DRC Findings/Reconunendation Page 10 of 29 4 2312010 11 22:08 M Casek Z10-0003 DRAFT L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. The underlying future land use designation of Rural Areas is not consistent with the current zoning district designations. However, it is consistent with the proposed zoning district of Rural Residential 5 (RD-5). C. There are no Future Land Use Allocations or Current Zoning District Allocations noted for the Rural Districts within the Denton Plan. Subject Property Future land Use/Zoning allocation Change Based Upon 40.35 f acres Current Allocation in the City Proposed Allocation Request Rural Residential 5 None noted within the Denton None noted within the (RD-5) Plan. Denton Plan. Source: City of Denton Nearest Fire and EMS Station Name of Station Approximate Distance From Fire/EMS Fire Station #4 located at 2110 E. Sherman Dr. 13/4 miles Source: City of Denton GP , Fire Department, and E_ P Fire The Fire Department had no comments for this zoning submittal. Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: Subject Property Estimated Im act Analysis 40.35 f acres Proposed Demand Adequate to Serve (Yes or No) Water and sewer facilities adequate to serve existing use. Permitted Density Expansion of current facilities Yes will require connection to an extension of City water line. Potable Water 25,920 (domestic only) Yes Consumption (GPD) Wastewater 18 720 Yes Generation (GPD) , B. Available Capacity: The existing 12" City water main, if used, has available capacity to satisfy domestic water and fire flow demands. DRC Findings/Recoimnendation Page 11 of 29 4i' 231201011 22: 08 M Case#: Z10-0003 DRAFT The existing 12" gravity sewer along Long Rd. has a maximum capacity of approximately 1.0 million gallons per day (mgd), and the current peak flow rate in that line is approximately 0.2 mgd. Thus there is available capacity in that line. C. CIP Planned Improvements: There are no planned public improvements for the water and sanitary sewer facilities serving the subject site. Roadways/Transportation Network: A. Estimated Demand: Subject Property Estimated Im act Analysis 40.35 f acres Proposed Demand Adequate to Serve (Yes or No) Permitted Density 1 du/5 acres = 8 du Average Anneal 500 trips per event (typically on Y Daily Trips (AADT) weekends only) PM Peak Hour Trips 200 Y B. Available Capacity: Sherman Drive is currently a 2-lane undivided roadway with a capacity of 9,400 vehicles per day To assist in evaluating available capacity, the applicant shall provide a traffic count during peak hours for Engineering. C. Roadway Conditions: Sherman Drive is a TXDOT roadway and is currently a asphalt paved, 2-lane undivided roadway D. CIP Planned Improvements: Sherman Drive is a TXDOT roadway and there are no CIP planned improvements in this area. Environmental Conditions: A. The Environmental Sensitive Areas (ESA) Map identifies a riparian buffer ESA running along the eastern property line. Development on this property will be subject to section 35.17.8 of the Denton Development Code (DDC). B. Any deviation from current standards will require the approval of an ESA Alternative Development Plan as outlined in Sections 35.17.12 and 353.4 of the DDC. DRC Findings/Reconunendation Page 12 of 29 4 2312010 11 22:08 M Casek Z10-0003 DRAFT C. Any areas meeting the definition of wetlands, as defined by the United States Corps of Engineers (USACE) will be subject to USACE permitting, regulation, and mitigation. Areas planned for development should be assessed to determine if any jurisdictional wetlands exist. D. An Environmentally Sensitive Area Review, per Section 35.17.4, is also required before any clearing and grading activities in close proximity of areas designated as ESAs could take place. A delineation of the existing ESA and the location of the proposed land disturbing activities will be required with the submittal of the Environmentally Sensitive Area Review. E. An ESA assessment of the property to confirm the existence of ESAs on site is recommended for this property. There is a checklist for ESA assessments available through the Planning department. Wells (Public/Private): Existing groundwater well is proposed to be used for the initial phase of the project. When the use of the facility is expanded and/or there is new construction, extension of and connection to City water system will be required to meet potable water and fire flow requirements. Electric: Denton Municipal Electric (DME) has sufficient capacity to support this project. Park Facilities: The City of Denton Water Park and Natatorium are located approximately 1,007 feet south of the subject site, at the intersection of Long Road and F.M. 428. Comments from other Departments: N/A. DRC Findings/Reconunendation Page 13 of 29 4 2312010 11 22:08 M Casek Z10-0003 DRAFT EXHIBIT 1 Site Location/Aerial Map i j F Site DRC Findings/Recoimnendation Page 14 of 29 4 2312010 11 22:08 M Casek Z10-0003 DRAFT EXHIBIT 2 r.aisuul! L.unuil! lvia ETJ jk ~ 11 ~ M DRC Findings/Recoimnendation Page 15 of 29 4 2312010 11 22:08 M Casek Z10-0003 DRAFT EXHIBIT 3 rroposea Gonmg ivta I I rr T-1 7 i~ J DRC Findings/Recoimnendation Page 16 of 29 4 2312010 11 22:08 M Casek Z10-0003 DRAFT EXHIBIT 4 Future Land Use Map DRC Findings/Recoimnendation Page 17 of 29 4 2312010 11 22:08 M Casek Z10-0003 DRAFT EXHIBIT 5 Applicant's Letter ~ °~~SpringP an n,oook January 30, 2010 Mr. Mark Cunningham,.A1CP Director ofPlanning and Development City of Denton 221 N Elm Denton, TX 76201 Dear Mr. Cunningham, Re: Zoning Amendment application for 40.35t acres located along the east side of FM 428 (Sherman) approximately 1500 feet north of Hartlefield Road in the City- of Denton, Texas. (Diamond T Arena - PAC09-0087) Dear Mr. Cunningham, Will Travis (Diamond T) is the owner of approximately 92 acres that is currently zoned NR-2 (Neighborhood Rêsidential 2),. NR-4 (IVeighborhood Residential 4) and RD=5 (Rural Residential). The NR=2 & NR-4 zoning (40t acres) is along the frontage of Sherman at a depth of approximately 500'. The remainder of the property was annexed into the city in 2005 and zoned RD-5 (Exhibit 1). PROJECT NARRITIVE: There are two main structures on the property. The largest structure (73;300t sf indoor árena) was built in 1998 and is located within the RD-5 zoning. The arena has been used in the past for different equestrian venues including roping horse shows. The infent of the owner is to expand the amount of parking (for vehicles and trailers) and outdoor corrals which allow the arena to be used to its potential. The equestrian facilities are a permitted land use in ŔD-5, require a SUP in NR-2 and nof permitted in NR-4. Rezoning the NR portion of the property to RD-5 will bring the entire property under one zoning district. Site History: The RD-5 portion of the property was annexed into the city in 2005. Surrounding property uses: North: RD-5 - Single-Family / Agricultural South: ETJ - Single-Family / Agricultural East: RD-5 - Single-Family / Agricuftural West: RD-5 - Single-Family / Agricuttural 2405 Mustang Drive-/ Grapevine, Texas 76051 / 469-955-8580 / 817-329-4453 (Fáx). DRC Findings/Recommendation Page 18 of 29 412312010 11:22:08 n," Case#: Z 10-0003 DRAFT Existing Site Conditions: • Two Structures site improvements • Water service is available via existing water line aiong Sherman . Sanitary sewer service is on-site. . The property is relatively flat with some scattered trees • Access to the property is from Sherman Proposed Site Conditions: . Minimal topography alterations are proposed. . Expanded parking.for vehiclês~&.trailers • Outdoor horse corais • Denton Development Code Analvsis: o It is anticipated that the proposed development will meet or exceed the,requirements of the DDC. • Denton Plan Analysis: o The property is within the Rural Land Use Designation. Rezoning the entire property, to RD-5 is consistent with the Rural land use desigriation. We believe thát the equestrian use is compátible with the adjacent land uses, will •allow the existing structure to be used as it-was intended, improve the value of the property, have little'to no impact on the surrounding neighborhood and is. appropriate based on the goals and policies identified in the Denton Plan. Generaf.Criteria for approval (435.3.4.6 DDCI analvsis: 1. A complete application and fee shall be submitted. Response: A complete application & fee was submitted. 2. Applications may be approved when the following standards are met: a. The proposed rezonirig conforms to the Future Lánd Use element of The_Denton Plan. Response: The proposed RD-5 is consistent with.the.existing land use. designation (Rural): b. The proposed Specífic Use: Permit meets the criteria set forth in Subchapter 6, and conf.orms to the purpose and intent of The Denton Plan. Response: N/A for zoning amendment. Page2of3 DRC Findings/Recommendation Page 19 of 29 4i23n010 i i:zz:ox aM Case#: Z 10-0003 DRAFT c. The proposed rezoning:or Spêcific Use Permit facilitates.the,adequate provision ōf transportation, watêr, sewers, schoōls, parks, -other public requirements and public convenience. Response: -Adequate provisions for.public utilities and conveniences exist (see'PP10-0002). See Exhibit 3 for Authorization See Exhibii 4 for a.description of the area proposed to be rezoned. In summary, we believe that the proposed zoning meets the goals of the Denton Plan and is compatible to the -adjacent and surrounding zoning. Additionally we cflnsider the proposed equestrian use to also be compatible witli the adjacent and surrounding uses.. Thank you for your considera6on on this ŕnattêr and -if -you have any questions please do not hesitate to contact rrie. Sincerely, Spring Brook Planning Group . /awren C. Reichhart, ASLA, AICP Cc: 1JVill Travis Lee Allison Attach nients: Exhibit 1:. Location &Zoning map Exhibit 2: RD-5 ! NR-2 / NŔ-4 Companson Exhibit 3: Letter of Authorization Exhibit4: Property Dêscription Pag e 3 of 3 DRC Findings/Recommendation Page 20 of 29 412312010 I1:22:08 AM Case#: Z10-0003 DRAFT Location Map ,r' Existing Zoning Map NN-.1--K NRA Fxisung NO 'Propo"ed DRC Findings/Recoimnendation Page 21 of 29 4 2312010 11 22:08 M Casek Z10-0003 DRAFT E""HIBIT 2 Land Use Comparison between Rural Districts T,F, ~ T:itr,iITrs>i~lrri1i NR-2 & NR-4 Zonina Districts 35.5.2 Neighborhood Residential \1: U Arie~lrl_~,c1i~~J Re_iJciitial VIA 1 \,=i ~l-ih~rh gin,-I R-i--h-ntial I \,)L- Ili - hli h Lcd I Z , , " , iclcnIi x ,I it lcr cn ccs 1, c["ccn z,min-, cli,Lri cl L. Residential Land Use Cateqiorfe~- Agriculture P F F L(?j nrnlrti t; i~. nrmnnlr -Ti ;n I„ ~,rn _ t, tl-in- 5 n;r,= iri Single Family D:ro•ellings P P P SUP SUP ,.__cssoiyD,-,ellingUnits P LI LI? I-J) t I, tl "1! ! 1L1~ •11'.1j "ttachedl Ingle Family Dn•ellings td H SUF' Dv:/ellingsAbove Businesses tJ H hl Li.-mNork Units p 11 Id tj 11 L(') L(3} - In I~,tn ~ri ~ il„li ,.ia ,n ~:,(3 acic- r,r nu,ir. ul, L:~ Lnii ~ n ~ I I ~ il ~l ~ ll i(il l ~ , l l l i l li l ; irv,tl Lr l ~,n , ,r i , ac m n n , ~~inni~•n ca i~ r~ ~ r i ~ v n n e i~ =1rii: nn, n~,i ,it,iII 111, nrT,, 1, 1 : I lm,-- nl i } n , CommunihL Homes For the Disabled P P P Group Homes SUP it hl Multi-Family D:~.•ellings '1 11 11 Manufactured Housing De?%elopments P SUF' PI P Prntnlirrl_~. nn~ I„ nnittr,I ?TT =I ~ ~i1i T ~r Prnnii P., r11 ii,'I, Page 1 of 5 DRC Findings/Recoimnendation Page 22 of 29 4 2312010 11 22:08 M Casek Z10-0003 DRAFT ' MM Home Occupation P P F Sale of Products Groadn on Site F' rl H Hotels H N 11 P;lotels It rl H Bed and Breakfast L 10) N H I. I.]l rr=ni,-r -,n= -f C4,_ liirit, f tc, nom, Retail Sales and Service It di 111 s N n,- 1111W . H 6.,I o-ie Theaters Id rl II P.est:aurant or Private Club Drive-through Facility rl N N rl H H Profession I ~r-.,ices nd Offices H rl H Quick Vehicle Sr. cing Vehicle Repair rl N N rJ H H Autorn l PJSales rJ ri N Laundry Facilities Equestrian Facilities N P N SUP 11 N Outdoor Recreation P P e Indoor Recreation H N H Major Event Ente itainment N PI PI Commercial Parkinq Lots tt ri 11 'dministratie or Research Facilities Broadcasting of Productiori Studio Sue SUP rJ N H rJ SeUally Chia rated Business It cl It Temporary Uses Li38i Lf3Si L(HI C -S i = rl rr nr,-rr rl- r.cqu i i rr,cars P- I , rn~ln,,I_ A-n, l In rn,in,l_ "111 I„ -I) l .I'rrnu) 11, pIInl_ T. T nnil, I I ~L-hu,-,I in Try iii ri ;FS.ti Page 2of5 DRC Findings/Recoimnendation Page 23 of 29 4 r'231201 0 11 22: 08 M Casek Z10-0003 DRAFT Industrial Land Use Categories w PPrintinu,' F'ublishi4 , rJ IJ Eakeries hl Pl IJ Manufacture of Ncn-odoriferous Foods PJ fd hl Feed Lots SUP fd Pd Food Processing N fd Pd Light fvlanufactwina N fd Pd Heavy Nlanufactwing PJ fd Pd Vvholes_,le Sales Pl Pl rJ `,",ihoksalc HurSBries F rJ 11 Distribution Canter M Pl 11 Wholesale Storage and DlstrlbUtlOn Gl Dl Pl Self-service Storage Pl rJ hl Construction Materials Sales Pl rJ hl Jnnk Yawls and A1rto W[-king N N - 11 Kennels L( 14j Li37i Pl Lr14)-1 11, IIITIIL V1I ,T1 inrn, i111n I x.111 11 -irr1 t s= IL x,1 11 .111 11,111111111111 1x11,1 , 1,,11 111 girl 1. 111, 1, 111.111 r.,,~n 111 ,~~„I. 111,1 1 I n1~ Inl: ,:,r l nrl i N,l,~r riin,. A n.alii aI I,iiClrr '111111> d ;11111 , 111 1;, ,111, 1, =1~I, r1h,11 U=,. Veterinary Clinics P Li 14) rd Sanitary Landfills, Commercial l Fl N Incinerators. Transfer Stations r SUP Gas lq! ells L 3 j Li 27 : Li L127)= 1111.Ir 1][, 111, 1 r 1.1,.,11 I X111 11 111, 1 :1- A\,~II l irillim.1 11,1 I'n ,hi~ln n. I'- rnilll,,I_ A-n n l„ rn,lll„I_ <l l ~1„ rilir l livnill l:r,lliir,,I I 1_i L. i1 i-! 1 '.1_ ! I-ta 1 L, c! t1,-11 Page 3 of DRC Findings/Recoimnendation Page 24 of 29 4r' 231201 0 11 22: 08 M Casek Z10-0003 DRAFT Institutional Land Use Categories Basic Utilities ll F ll L.I?51 ll L, 251) L25)=ff r III'I lIits t T'rIt rni. ~-,fame.-lrnrlnl Community Sergi%ice Par'RS and Open Sparc Churches Pl P Pl F N F Semi-public, Halls, Clubs and Lodges Business/TrdeSchool adult or Uhild Dry Care Pl N F SUP M SUP SUP hl SUP Kindergarten. Elementary School F SUP SUP Middle School rl h h High School fd PJ hl CoIlzGes Hospital Ll PJ ~J N N It Eld. ply HUUCing rl rt ri Medical Centers Cemeteries Pl rl M h hl h r✓lnrtuaries Li rt rd T mill, -1 a= ~1, im, ; I in n '17 y Page 4of5 DRC Findings/Recoimnendation Page 25 of 29 4 23 2010 11 22:08 M Casek Z10-0003 DRAFT 35.5.2.3 General Regulations. t ,n, r;rl --~nleti'--m trFIc C1 1, 1Itial Lrnrl nz.7,-,n,-,Irr .~cml.nne,l in ill, hII L , h~~r 1 li. I.ilh. inr~ LItIII, Il l,lr I•:, s it I - I, I I ~.~I ? General Regulations Minimi.imlot areu squarefeetl 3-es OJI-I [dlinimum lot :~,idth _ _,I, feet _ I I feel t,1 feet Ptlinimum lot depth 250 feet 100 feet feet Minimum front y+rd setha, k O feet 20 feat 20 feet mimmunt side yard 'I I2 feet 6 feet 6 feet Minimum sides i adjacent to a stre t 51 feet 10 feet 10 feet I =i feet Idus I foot for each [Minimum rear yard foot of I I=i feet I feet bulldi a I I eight a1o'•e 2i feet 111,- toll II1 Ilnr I. I' , it Irrlsn:,n r,t ni: rr 111 1] I, I, In II, II I. n-~Inln-nlir h-.t=V, 111-1 X1111 -n~inn I Inl reIl'-Te General Regulations RIM NR-2 NR4 Ma :imun) density. dwelling units per acre 0.2 2 Minimumslueyardfornon-3tt3 hed ~0 feet 10 feet t. feet buildlnq~ TI I,- I. llnraIll lirrill - 11If)lr I. , :dl In ill,lir- 1.1ar.irnum lot o~Prone 1t7t' l Minimum lami5 . Fed are 7 E, t:' 1 40I Mariimum building height 35 feet 40 feet 40 feet I C! feet I() feet plus 1 plus 1 foot for foot for Minimum ya r~l hers al'-uttina;+ single- each each family use or rlistrirt [done foot of foot of bU 11dinn brillding height hei_aht obc`e .a l.o,•e _I='i feet ^_0 feet Page 5 of' DRC Findings/Recoimnendation Page 26 of 29 4x'231201 0 11 22:08 M Casek Z10-0003 DRAFT EXHIBIT 6 Notification Map and Property Owner Responses DRC Findings/Reconunendation 423 2010 112208 AM Public Notific.trion D,tte: 3/29/10 200' Legal Notices* sent via Certified Mail: 500' Courtesy Notices sent via Regular Mail: Number of responses to 200' Legal Notice ■ In Opposition: 0 ■ In Favor: 0 ■ Neutral: 0 Page 27 of 29 DRAFT Legend Z10-0003 F- EXHIBIT 7 P&Z Minutes of April 14, 2010 5. PUBLIC HEARINGS: Hold a public hearing and consider snaking a recommendation to the Denton City Council on the following items: E. Rezoning of approximately 40.35 acres of land from a Neighborhood Residential 2 (NR-2) zoning district and a Neighborhood Residential 4 (NR-4) zoning district to a Rural Residential 5 (RD-5) zoning district. The subject property is located on the east side of F.M. 428, north of Long Road. (Z10-0003, Diamond T Arena, Cindy Jackson) Cindy Jackson, Project Manager, presented this request for a rezone. Larry Reichhart, Spring Brook Planning Group, spoke in favor of the request. Staff received one neutral response. The Development Review Committee recommends approval of this request. Closed the public hearing at 9:27 p.m. Motion: Commissioner Jay Thomas motion for approval with conditions provided. Seconded: Commissioner John Ryan On roll call vote, Chairman Walter Eagleton "aye", Commissioner Brian Bentley "aye", Commissioner Jay Thomas "aye", Commissioner Patrice Lyke "aye", Commissioner Thom Reece "aye", and Commissioner John Ryan "aye". Motion carried unanimously. Passed: 6-0 DRC Findings/Reconunendation Page 28 of 29 4 2312010 11 22:08 M Casek Z10-0003 DRAFT salegallour documentslordinances110\z10-0003 diamond t arena.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM THE NEIGHBORHOOD RESIDENTIAL 2 (NR-2) AND THE NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATIONS TO THE RURAL RESIDENTIAL (RD-5) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, ON 40.35 ACRES, LOCATED ON THE EAST SIDE OF F.M. 428, APPROXIMATELY 659 FEET NORTH OF LONG 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 A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ZI 0-0003) WHEREAS, Will Travis has initiated a change in zoning for approximately 40.35 acres of land legally described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter, the "Property") from the Neighborhood Residential 2 (NR-2) and the Neighborhood Residential 4 (NR-4) zoning district classification and use designations to the Rural Residential (RD- 5) zoning district classification and use designation; and WHEREAS, on April 14, 2010, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested change in zoning; and WHEREAS, the City Council finds the change in zoning is consistent with the Comprehensive Plan; and; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The zoning district classification and uses designations of the Property are hereby changed from the Neighborhood Residential 2 (NR-2) and Neighborhood Residential 4 (NR- 4) zoning district classification and use designations to the Rural Residential (RD-5) zoning district classification and use designation. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2010. MARK BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Exhibit A PROPERTY DESCRIPTION BEGINNING, at a 112 inch iron rod foundfor corner in the Easterly ROW line of F.M. Road 428 (a 1.00' ROW), said iron rod being. at the Southwest:.corner of said of the Diamond T Arena Property; THENCE: North 31 degrees 39 minutes 01 seconds East; along the East. Right of Way Line ofFM. Road 428, at a distance of 31,859.08 feet to a 112.:incl iron rod found for comer at the Northwest corner of Property; THENCE: South 89 degrees 03 minutes.03-seconds East; along northern property line, at a distance of 539.17 feet to an approximate location of the Northeast comer of the property Zoned NR.3 THENCE: Sonth 31 degrees 39 minutes 01 seconds West,.aleiig the eastern limits ofthe area Zoned: NR-2 & NR 4, at a distance of 3;86"7:.51. feet to an approximate location on the southern property line and said Southeast corner of the NR-2 & NR4 zoning, THENCE: North 8,8 degrees 15 minutes 3'5 seconds West, along southern property line, at a. distance of 524.91 feet to the place of beg3rnung:and containing 40.35 acres of land, Exhibit B LOCATION MAP Site. AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT- ZIO-0001 (Classic Chrysler/Jeep- Dodge Addition) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas regarding an amendment of the Detailed Plan associated with State School Planned Development (PD-12, I-35/State School) to allow a 1,799 square foot addition to an existing 11,144 square foot showroom, sales office and administrative building. The approximately 5.491 subject property is generally located on the south side of Interstate 35 East, north of the City of Corinth; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (Z10-0001) The Planning and Zoning Commission recommended approval of this request (7-0). BACKGROUND On May 5, 1987, the City Council approved a Concept Plan for a total of 43.4 acres known as Planned Development District No. 12 (PD-12, I-35 State School/Oakmont). The 43.4 acres is comprised of several parcels, including the 5.491-acre parcel that is the subject of this review. In accordance with the requirements set forth in Section 35-154 of the City of Denton Zoning Ordinance, the City Council approved a Detailed Plan for the aforementioned 5.491-acre tract on December 16, 1997 known as Denton Lincoln Mercury Auto Sales. This Detailed Plan included an 11,144-square foot showroom sales office and administration space; a 15,512-square foot service parts and body shop; and a 1,360-square foot mezzanine. The total Gross Floor Area (GFA) of the development was 28,016 square feet. According to the applicant, on September, 2009, the name of the subject development changed from Denton Lincoln Mercury Auto Sales to Classic Chrysler/Jeep-Dodge. The applicant is requesting this amendment to allow construction of a 1,799 square foot addition to the existing 11,144 square foot showroom/office building. On March 24, 2010, the subject request was presented to the Planning and Zoning Commission (P&Z) during a public hearing. After hearing all the facts and testimony presented, the P&Z voted to recommend approval of the subject request. The Planning Division sent certified notices of the P&Z public hearing to twenty three (23) property owners within 200 feet, and sixty seven (67) courtesy notices to residents within 500 feet of the subject property. As of this writing, staff has received two (2) responses from property owners within 200 feet of the subject property in opposition to the request. However, these two property owners do not live within the City of Denton city limits and withdrew their opposition during the P&Z public hearing. Public notification information is provided in Exhibit 6. PRIOR ACTION/REVIEW May 5, 1987 Planned Development Concept Plan on 43.4 acres on subject site Ord No. 87-084 December 16, 1997 Detailed Plan on 5.491 acres on subject site Ord. No. 97-368 January 27, 1999 Minor Amendment to the Detailed Plan OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends APPROVAL of this Detail Plan amendment subject to conditions (7-0). The Development Review Committee recommends APPROVAL of Z10-0001 subject to conditions. EXHIBITS 1. Site Location/Aerial Map 2. Zoning Map 3. Future Land Use Map 4. Site Plan 5. Letter from Applicant 6. Notification Information 7. Planning and Zoning Commission, March 24, 2010 Meeting Minutes 8. Ordinance Prepared by: Nana Appiah, AICP Senior Planner Respectfully submitted: Mark Cunningham, AICP, CPM Director of Planning and Development CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: March 24, 2010 TYPE: Detail Plan Amendment CC Date: May 4, 2010 PROJECT Z10-0001 Project Number: Z10-0001 Request: To allow a 1,799 square foot addition to an existing 11,144 square foot showroom, sales office and administrative building on 5.491 acres. Applicant: William S. Pye Property Owner: Richard Allen 4984 South I-35 E Denton, TX 76210 Location: The property is generally located on the south side of Interstate 35 East, north of the City of Corinth and is commonly known as Denton Lincoln-Mercury. Size: Zoning Designation: Future Land Use: Case Planner: DRC Recommendation: Summary of Analysis: 5.491 acres ± Planned Development 12 (PD 12) Regional Mixed Use Centers Nana Appiah, AICP The Planning and Zoning Commission recommends APPROVAL of this Detailed Plan amendment subject to conditions (7-0). The Development Review Committee (DRC) recommends APPROVAL of Z 10-0001 subj ect to conditions. Per Section 35-158 of the City of Denton Zoning Ordinance, an increase in the floor-to-area ratio of a Detailed Plan constitutes a major amendment, and is subject to City Council approval. The subject property is within a Regional Mixed Use Centers future land use designation per the Future Land Use Map of the Denton Plan. Per the Denton Plan, a Regional Mixed Use Activity Center could include a regional shopping mall, a number of major employers, restaurant and entertainment facilities, a large school or community college and high density housing. The proposed amendment is consistent with the Denton Plan. The subject property is surrounded by major auto dealerships approved within PD-12. These auto dealerships include: Classic Mazda located to the east, Jim McNatt Toyota and Honda to the west, and the Hyundai auto dealership to the north, across I-35E. The subject PD was also approved with multiple uses including single-family homes, multi-family units, restaurants, offices, and general retail. Overall, the site is developed as a trade area for auto dealerships; therefore, the proposed expansion of an existing office space to an existing auto dealership is not out of character with the surrounding neighborhood. It is staff's determination that this request has the potential of drawing more customers to the auto trade area and increase the benefits associated with the clustering of similar uses. Findings of Fact 1. This proposed development is an expansion to an existing auto showroom, sales office and administrative building. The applicant is requesting an additional 1, 799 square feet of showroom, sales and administrative office space to an existing 11,144 square foot building. 2. The proposed site encompasses approximately 5.491 acres. The site is within the Regional Mixed (Ise Centers Future Land (Ise District. 3. On May 5, 1987, the City Council approved a Planned Development (PD 12, I-35 State School) Concept Plan by Ordinance number 87-084 on 43.4 acres on subject site. 4. On December 16, 1997, Ordinance number 87-084 was amended by Ordinance number 97-368 to allow a 5.491 detail plan for auto car sales, known as Denton Lincoln Mercury on the subject site. Per Ordinance Number 87-084, uses permitted within Office (O) and Commercial (C) zoning district is permitted on this property. 5. Per Section 35-77 of the City of Denton Zoning Ordinance, Auto Sales and Repair are permitted by-right within the Commercial (C) zoning district. 6 Per Ordinance number 97-368, parking for the use of the property for auto sales shall be one (1) space per 300 square feet. In addition, , buildings are required to be constructed of various combinations of masonry materials and a screening wall constructed along the southern property line. 7. On January 27, 1999, the Planning and Development Department approved a minor amendment to the detail plan. The approval for the amendment was for: A. The reconfiguration of the parking area approved on the back part of the site. B. The relocation of a pole sign along the frontage of the property. The original detail plan called for the pole sign to be placed in the median of the driveway. The amended detail plan moved the sign approximately sixty (60) feet to the southeast of the subject site. 8. Per Element 3 of the Denton Plan, "For a Regional Activity Center, the focus area contains the shopping services, recreation, employment, and institutional facilities supported by and serving an entire region. A regional activity center could include a regional shopping mall, a number of major employers, restaurant and entertainment facilities, a large high school or community college, high-density housing. A regional activity center is considerably larger and more diverse in its land uses than any other activity center. It includes vertically integrated uses where different uses may occur on each floor of the building". 9. Per Ordinance 87-084, the intent of PD-12 is to ensure a development that provides a variety of goods and services intended to be compatible with existing and proposed land uses in the vicinity. In addition, the development is to provide diversity through a community unit concept; with jobs close to housing and a transportation balance eliminating gips across town for day-to-day needs. 10. PD-12 was approved to allow single family homes, multi family developments, multiple commercial uses including restaurants and multiple auto dealerships. H. The subject site is not located within a Historic or Conservation district. 12. There are no planned public improvements for potable water, sanitary sewer, or drainage facilities serving the subject site. 13. The property has frontage on I-35E service road. I-35E is classifled as a freeway per the City of Denton Mobility Plan. 14. The subject site has vehicular access to I-35E service road 15. According the city's Geographic Information System, a portion of the property is located within flood zone A. 16 According to the Water Administration Department, the existing development removed all environmentally sensitive areas (ESA). In addition, the subject site predates the City's ESA regulations and is exempt from compliance. 17. The property is served by the City of Denton water and sewer systems. 18. The anticipated water demand is approximately 35 gallons per minute (GPM) for the entire development including the proposed 1, 799 square feet addition. 19. The anticipated sewer demand is approximately 35 gallons per minute (GPM) for the entire development including the proposed 1, 799 square feet addition. 20. Anticipated transportation demand is approximately 312 trips per day, which is the same amount of traffic generated from the previous use. 21. According to TxDOT, I-35E along property frontage will be expanded in the future to an 8-lane divided highway, with 4-lane divided HOP'lanes and 3-service road lanes on each side of the highway. This expansion will impact all the parking spaces that front I-35E. 22. According to the City of Denton Fire Department, this property is serviced by the City's Fire Station #6, located at 3232 Teasley lane. Planning and Zoning Commission (P & Z) Recommendation The Planning and Zoning Commission recommended APPROVAL of this Detail Plan amendment (7-0) at its meeting on March 24, 2010 subject to the following conditions: CONDITIONS OF APPROVAL: All original conditions of approval and subsequent modifications associated with PD 12 shall remain valid, unless specified herein. [P&Z] 2. Uses within this development shall be limited to those permitted within the Office (O) and Commercial (C) zoning district approved within PD 12. [P&Z] 3. The request shall be limited to the addition of 1,799 square feet to the existing 11,144 square feet office/sale and show room area. [P&Z] Development Review Committee Based on the information provided by the applicant and a recent site visit, the Development Review Committee finds that with the recommended conditions, the request IS CONSISTENT with the surrounding land uses and general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. Based on the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL of Z 10-0001 subj ect conditions. GENERAL NOTES VOTE: 1-approval of this request shall not constitute a waiver or variance Born any applicable deveiop writ regvircowlit unless specifically noted in the conditions of approval and consistent with the Denton Devclopmwrrt Code. VOTE: All written continents made in the application and subsequent submissions of h?formation made dining the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in e ffect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: PD-12 RCR-1/RCC-D: RCR-1 Vacant property/Jim McNatt Auto Highway, 135E Vacant property Dealership West: East: PD-12 PD-12 Vacant property Auto Dealership, Mazda Auto dealership Southwest: South: Southeast: City of Corinth City of Corinth: City of Corinth Single-family units, The Woods at Single-family units, The Woods at Single-family Units, The Woods at Oakmont Oakmont Oakmont Nource: City of Denton Geographical lnformadion b'ystem and site visit by city staff Summary of Surrounding Current Land Use Activity: The majority of the subject site is developed as an auto dealership, known as Denton Lincoln Mercury. Adjacent uses include other auto dealerships: Classic Mazda auto sale dealership to the east; Jim McNatt Toyota and Honda dealership to the west, approximately 1200 feet from the subject site; and the Oakmont residential single-family homes to the south. The majority of the immediate surrounding properties are developed; except the immediate property to the west which is currently undeveloped and is within a flood zone. Comprehensive Plan: A. Consistency with Goals, Objectives and Strategies: The property is within a Regional Mixed Use Centers future land use designation per the Future Land Use Map of the Denton Plan. Per Land Use Element: Element 3: "For a regional activity center, the focus area contains the shopping services, recreation, employment, and institutional facilities supported by and serving an entire region. A regional activity center could include a regional shopping mall, a number of major employers, restaurant and entertainment facilities, a large high school or community college, and high-density housing. A regional activity center is considerably larger and more diverse in its land uses than any other activity center. It includes vertically integrated uses where different uses may occur on each floor of the building." In addition, Element 3 states the following regarding Organization of Commercial Land Use strategies: "Commercial development occurs only in activity centers that are appropriate to its service and trade area and that are compatible with adjacent existing and proposed land uses and with existing and programmed public services and facilities." Staff.finds that the Detailed Plan amendment as proposed, is consistent with the Denton Plan. The subject property is snrrounded by major auto sales and dealerships approved within PD-12. PD-12 was approved with multiple uses including sing le-faynily homes, multi- faynily units, restaurants, offices and general retail. B. Land Use Analysis: The property to the east of the site is the Mazda auto sale dealership. The property to the immediate west of the site is flood plain, however, the Jim McNatt Toyota and Honda auto sale dealership is located approximately 1,200 feet to the west of the site. The property to the south is The Woods at Oakmont residential subdivision. This residential subdivision contains lot sizes of approximately 7,500 square feet. Currently there is a screening wall along the southern property between the residential homes and the auto dealership. In addition, per Ordinance Number 97- 368, a screening wall is required along the southern property line of the auto sale dealership. Overall, the area is developed as a trade area for auto sale dealerships and the expansion of an existing office space to an existing auto sale dealership is within the existing character of the surrounding neighborhood. In addition, the expansion and physical improvement to the existing dealership will enhance the potential of drawing more customers to the auto trade area and increase the benefits associated with "economics of specialization" the clustering of similar firms. C. Current Planned Development District Allocation Current Allocation in PD-12 Proposed Allocation Change Based Upon Request 28,016 square feet of Gross Floor Area 29,815 square feet of 1,799 square feet Gross Floor Area Nearest Elementary, Middle, and High School The proposed non-residential development will not produce any elementary, middle or high school students and therefore will not impact the associated Independent School District. Nearest Fire and EMS Station Name of Station Approximate Distance From Subject Property Fire Station #6, 3232 Teasley lane f3.3 miles This proposed development has been reviewed for compliance with the 2006 International Fire Code and City Ordinance 2009-098, Section 29-2 Amendments to the Fire Code. The applicant is responsible for compliance with all applicable portions of the Fire Code and City Ordinances even in the absence of review comments. Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: This development will be service by the City of Denton water and sewer service system. Estimated Demand Existing Proposed Adequate to Serve (Yes or No) 28,016 square feet of Gross Floor Area 29,815 square feet of Gross Floor Area Yes Potable water 35GPM 35 GPM Yes Sewer 35GPM 35 GPM Yes B. Available Capacity: There is adequate water and sanitary sewer capacity to accommodate this request for additional 1,799 square feet to an existing 11,144 square foot office. D. CIP Planned Improvements: There are no planned public improvements for the water and sanitary sewer facilities serving the subject site. Roadways/Transportation Network: A. Estimated Demand: As indicated in the table below, the proposed development will not result in any increase in traffic demands. Estimated Traffic Impact Analysis Existing Demand Proposed Demand Adequate to Serve (Yes or No) 28,016 square feet of 29,815 square feet of Yes Gross Floor Area Gross Floor Area Average Annual Daily 312 Vehicle Per Day 312 Vehicle Per Day Trips (AADT) (VPD) (VPD) Yes PM Peak Hour Trips 39 Vehicle Per Hour 39 Vehicle Per Hoerr Yes (VPH) (VPH) B. Available Capacity: The street serving the subject site has adequate capacity. C. Roadway Conditions: I-35 E service road is an improved asphalt surface roadway. According to TxDOT, I-35 E along property frontage will be expanded in the future to an 8-lane divided highway, with 4-lane divided HOV lanes and 3-service road lanes on each side of the highway. D. CIP Planned Improvements: The City of Denton has no planned improvement for the transportation facilities serving the subject site. However, there are proposed expansion to the section of Inter State 35E fronting the property. Environmental Conditions: There are no ESA associated with the subject site. The existing development removed all areas designated as ESAs. Development predates ESA regulations. Wells (Public/Private): No public or private portable water wells are proposed for the site. Airports: The subject site is not within the boundaries of the Denton Municipal Airport Overlay District. Electric: Existing electric service at 4989 S I-35E is from Denton Municipal Electric. Existing DME facilities are adequate for the planned expansion. Maintain 24 hr access to DME Facilities. Park Facilities: This proposed non-residential should have no impact on the City's park facilities. Comments from other Departments: N/A Exhibit 1 - Site Location/Aerial Map Exhibit 2 - Zoning Map Exhibit 3 - Future Land Use Map - h9 R NeighborhoodLCentelrl I1 s11 R~ R~ Y J LL Regional Mixed Use Center z "c. =SN~lf~p 5i}r~'S i. 3r l.. Y fv- City of inth cite limits -m,, f ~~t r s a fix, ra. Exhibit 4 - Site Plan Exhibit 5 - Letter from Applicant C t i c e SW W; d tin H'; ms of Mum navy woo (ChYMACep 1G'~ ifi", 'Lo Il '_il _'14; ~U~ I lily'.. I;~E.i:. _I 1 ~Iv`i <:[?; 'I ~cfTl . l~:_ L] OR ow rod mg4m, ii Ago pykn syr of salaf .ci , I lain ] An my ,.'ho _ _m "d -..'I law h u_ , W m f ~.cl I i i {11_ -c:S CC ft r:::IT- .I"~i', "7 i r-i .%'11 I.1~J IJ .'.i i 0 ,ii c.. 'il :?ii ~O =1`1 i(1_ A 1 . _ Ow d I dIolal OW WN J on t wmtY , I~n.;l: _oi cf (r 7, i I, I ^Ic 1.11 ~Frw ' iM_ a'.[, AmiyA- fOpAcs no, WE P, _ 1 `ni l i ivy i r p',-:I mi'16 I',; alp,. r'i _ ^or _b_ i „ c JI c;f. .,l L.. liiil .,I {y l1 p _pC,.ed` d~'.C ' ,t 1C1` Ifi i0 Exhibit 6 - Responses from Owner within 200 feet 200 ft - Notification Boundary 500 ft Courtesy Notification Boundary Public Notification Date: 3/10/2010 200' Legal Notices* sent via Certified Mail: 23 500' Courtesy Notices sent via Regular Mail: 67 Number of responses to 200' Legal Notice ■ In Opposition: 2 ■ In Favor: ■ Neutral: Legend Classic Chrysler Jeep Dodge 71C,-JGU1 Exhibit 7 -Planning and Zoning Commission, March 24, 2010 Meeting Minutes 5. PUBLIC HEARINGS: Hold a public hearing and consider making a recommendation to the Denton City Council on the following items: A. Detailed Plan amendment to allow a 1,799 square foot addition to an existing 11,144 square foot office within a Planned Development Zoning District (PD-12, I-35/State School). The subject site is generally located on the south side of Interstate 35 East (1-31 5E), north of the City of Corinth city limit line. (Z10-0001, Classic Chrysler Jeep, Nana Appiah) Nana Appiah, Project Manager, presented this request for a recommendation to the Denton City Council regarding an amendment of the Detailed Plan associated with State School Planned Development (PD-12, I-35/State School) to allow a 1,799 square foot addition to an existing 11,144 square foot office building. The subject site is generally located on the south side of Interstate 35 East, north of the City of Corinth. According to the applicant, on September, 2009, the name of the subject development changed to Classic Chrysler/Jeep-Dodge. Staff recommends approval of this Detailed Plan Amendment with the following conditions. CONDITIONS OF APPROVAL: 1. All original conditions of approval and subsequent modifications associated with PD 12 shall remain valid, unless specified herein. 2. Uses within this development shall be limited to those permitted within the Office (O) and Commercial (C) zoning district approved within PD 12. 3. The request shall be limited to the addition of 1,799 square feet to the existing 11,144 square feet office/sale and show room area. William S. Pye, the architect for this project, spoke on behalf of Richard Allen. He spoke in favor of the amendment. He stated how important this increase is to the success of the business. In the past, they only sold two products and they are increasing their products to four. Kenneth Goins and Jerri Sadler spoke in opposition of the amendment. They both shared their concerns. Mr. Pye responded that he would take their concerns back to the owners. Mr. Goins responded that if they are just expanding the showroom, he would not be opposed. Motion: Commissioner Jean Schaake motion for approval with conditions provided. Seconded: Commissioner Thom Reece On roll call vote, Commissioner John Ryan "aye", Commissioner Jay Thomas "aye" Commissioner Brian Bentley "aye", Commissioner Jean Schaake "aye", Chairman Walter Eagleton "aye", Commissioner Patrice Lyke "aye", and Commissioner Thom Reece "aye". Motion carried unanimously. Passed: 7-0 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAIL PLAN AMENDMENT FOR A SEPARATELY DEFINED 5.491 ACRE PORTION OF THE STATE SCHOOL PLANNED DEVELOPMENT (PD-12) ZONING CLASSIFICATION AND USE DESIGNATION, LOCATED ON THE SOUTHBOUND SERVICE ROAD OF IH-35E, BETWEEN STATE SCHOOL ROAD AND POST OAK ROAD, AND NORTH OF THE CORINTH CITY LIMITS, TO ALLOW A 1,799 SQUARE FOOT ADDITION TO AN EXISTING 11,144 SQUARE. FOOT OFFICE BUILDING; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY, SUPERSEDURE, PUBLICATION AND AN EFFECTIVE DATE. (Z10-0001) WHEREAS, on May 5, 1987, by Ordinance 87-084 the City Council approved a Concept Plan for 43.4 acres of land designated as Planned Development 12 (PD-12) zoning district, as more particularly described therein; and WHEREAS, on December 16, 1997, by Ordinance 97-368, the City Council approved a Detail Plan for 5.491 acres of the Planned Development 12 (PD- 12) zoning district , as more particularly described therein; and WHEREAS, William S. Pye, as applicant, has applied for an amendment to the detail plan previously approved by Ordinance 97-369, to allow a 1,799 square foot addition to an existing 11,144 square foot office building on that 5.491 acre parcel, legally described in Exhibit "A", attached hereto and incorporated herein by reference (the `Property"), consistent with the revised site plan attached hereto and incorporated herein by reference as Exhibit "B"; and WHEREAS, on March 24, 2010, the Planning and Zoning Commission concluded a public hearing as required by law, and recommend approval of the requested detail plan amendment; and WHEREAS, the City Council finds that the detail plan, if amended as requested, is consistent with the Denton Plan and zoning ordinance, as well as the previously approved concept and detail plans for the entire PD-12 planned development; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The detail plan for the Property previously approved by Ordinance 97-368 is hereby amended to incorporate the revised site plan attached hereto and incorporated herein by reference as Exhibit "B", subject to the following conditions: 1. All original conditions of approval and subsequent modifications associated with PD-12 shall remain valid, unless specified otherwise herein. 2. Uses within this development shall be limited to those permitted within the Office (O) and Commercial (C) zoning districts of PD-12. Page 1 3. The amendment shall be limited to the addition of a 1,799 square feet to the existing 11,144 square foot office/sale and show room area. SECTION 3. Ordinance 97-368, is hereby amended and superseded to the limited extent of any conflict with this ordinance, and this ordinance shall govern and control over any conflicting provision of Ordinance No. 97-368; however, all non-conflicting provisions of Ordinance 97-368 shall continue in force and effect with respect to the Property herein described. SECTION 4. A copy of this ordinance shall be attached to Ordinance 87-084, showing the amendment herein approved. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 6. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 7. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA A.BURGESS, CITY ATTORNEY Page 2 Exhibit A (Legal Description) BEING a tract of land situated in the Gideon Walker Survey, Abstract No. 1330, in the City of Denton; Denton County, Texas and being that tract of land described in deed to 4984 Partners Limited, as recorded in Instrument Number 2004-22521 in the Official Deed Records of Denton County, Texas (DRDCT), and being more particularly described as follows: COMMENCING at the intersection of the west right-of-way line of Post Oak, (a 100 foot wide street right-of-way), as dedicated to the City of Corinth, Texas by plat recorded in Cabinet F, Page 233 of the DRDCT, and the southwesterly right-of-way line of Interstate Highway 35E (a variable width ROW); THENCE along the southwesterly right-of-way line of said Interstate Highway 35E, the following called courses and distances; North 42 degrees 24 minutes 34 seconds West, a distance of 72.06 feet to a point for corner; North 50 degrees 12 minutes 52 seconds West, a distance of 62.63 feet to the beginning of non-tangent curve to the right, having a radius of 1461.38 feet and whose long chord bears North 44 degrees 57 minutes 23 seconds West for a distance of 274.09 feet; Northwesterly with said curve, through a central angle of t O degrees 45 minutes 42 seconds, an arc distance of 274.48 feet to a found 314-inch iron rod for corner; North 39 degrees 34 minutes 31 seconds West, a distance of 30.17 feet to a point for the beginning of a curve to the left, having a radius of 1461.3 8 feet and whose long chord bears North 44 degrees 57 minutes 16 seconds West for a distance of 273.99 feet; Northwesterly with said curve, through a central angle of 10 degrees 45 minutes 29 seconds, an arc distance of 274.39 feet to a point of tangency; North 50 degrees 20 minutes 00 seconds West, a distance of 811.71 feet to a found 518- inch iron rod with a plastic "PBS&J" cap for the POINT OF BEGINNING; THENCE South 47 degrees 07 minutes 19 seconds West, departing the southwesterly right-of- way line of said Interstate Highway 35E, a distance of 35298 feet to a point in the north line of The Woods at Oakmont, Phase 2, an addition to the City of Corinth, Denton County, Texas according to the plat filed for record in Cabinet N. Page 97 of the DRDCT; THENCE North 86 degrees 00 minutes 24 seconds West, with the north line of the said addition, a distance of 609.78 feet to a point for corner; THENCE North 35 degrees 10 minutes 11 seconds West, departing the north line of said addition, a distance of 49.99 feet to a found 518-inch iron rod with a plastic "PBS&J" cap for a corner in the centerline of a 100 foot wide Texas Power & Light Company easement recorded in Volume 313, Page 356, Volume 373, Page 242, Volume 517, Page 518, Volume 518, Page 101 Page 3 and Volume 1062, Page 62, DRDCT; THENCE North 54 degrees 48 minutes 13 seconds East, along the centerline of said easement, a distance of 725.86 feet to a found 518-inch iron rod with a plastic "PBS&J" cap in the southwest right-of-way line of said Interstate Highway 35E, said point being on a curve to the left having a radius of 5879.65 feet and whose long chord bears South 48 degrees 49 minutes 30 seconds East; a distance of 310.08 feet; THENCE Southeasterly with the southwest right-of-way line of said Interstate Highway 35E, and along said curve to the left, through a central angle of 03 degrees 01 minute 19 seconds, for an arc distance of 310.11 feet to a found 518-inch iron rod with a plastic PBS&J cap for the point of tangency; THENCE South 50 degrees 20 minutes 00 seconds East, continuing along said southwest right- of-way line, a distance of 89.89 feet to the POINT OF BEGINNING AND CONTAINING 239,174 square feet or 5.4907 acres of land more or less. Page 4 Exhibit B (Detail Plan) gg B9000-daartioismi4o ~ 6 ISS~'1 i l Alvals 19 11-4- 9 A 0 I r I I a a ~ f I I ' I r r f ! f f i 1 i r NTfRgT.aTE NICII]fAY 3 _ gy !I (ViINIA d'i'p N6si c d `433° d Q 6 RF Ss ~`fi v ~ 1I d~'." Z Cfr UU I R II ` l {{ff11 ~ art ~ .I` _ ~ I I II- p IR 13ul is j ~dK ~ i F,. $o I.al 1 p{a ff I I r I' I q K ys 11 }i f €f q'~~n ~ ~a '~w F rill I, I I 1 .-1 ~ TZ I I ~ a I 1 15 . 4 I ~ lr / m , is I +F '.f• A" er :c a, A,•Tm F 2n -s5 5 ac ~qa a~Ex iI m.. b~ .vnu Page 5 Exhibit C Page 6 (Elevations for Reference Only - Not Regulatory) AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: May 4, 2010 Planning and Development Fred Greene r SUBJECT - A10-0001 - 2010 City initiated involuntary annexation Conduct the second of two readings to consider the adoption of fifteen (15) ordinances under the involuntary annexation procedures for areas exempted from the municipal annexation plan; the adoption of a Service Plan; and the adoption of Non-Annexation Development Agreements for qualified parcels within approximately 7,480 acres, located in the City's Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation is in multiple ownerships, and consists of fifteen (15) distinct areas. The 15 areas are identified and generally located as follows: 1. PAA1: 1,171 acres, located on the south side of Jim Christal Road; north side of Tom Cole Road; west of Masch Branch Road; 2. PAA2 South: 1,472 acres, located on the south side of FM 1173; north of W. University Drive; west of I-35; 3. PAA3: 1,075 acres, located on the South side of Ganzer Road; north and south of Barthold Road; north of FM 1173; west of I-35; 4. PAA4: 1,555 acres, located on the south side of Milam Road; north of Loop 288; east of I-3 5; 5. DH-1: 315 acres, located east of H. Lively Road; south side of FM 2449; west side of John Paine Road; 6. DH-2: 258 acres, located on the south side of University Drive; west and east sides of Thomas J. Egan Road; north of Jim Christal Road; west of Masch Branch Road; 7. DH-3: 421 acres, located on the south side of Spring Side Road; north, south and west of Corbin Road; west of I-35; 8. DH-4: 347 acres, located on the east side of Bonnie Brae Street; west of Fort Worth Drive; east and west of Vintage Boulevard; 9. DH-5: 307 acres, located on the east side of Fort Worth Drive; west side of Country Club Drive; north of Bush Creek Road; 10. DH-6: 9 acres, located on the east side of Teasley Lane; north of Hickory Creek Road; west of Lipizzan Court; 11. DH-8: 29 acres, located west of Old Edwards Road; north and south of Edwards Road; 12. DH-10: 87 acres, located south of East McKinney Street; east and west of Lakey Circle; 13. DH-11: 388 acres, located southeast of the intersection of Mayhill Road and McKinney Street 14. DH-13: 16 acres; located on the West of the intersection of N. Locust Street and Bobcat Road; south of Chaparral Road; and 15. DH-14: 30 acres, located on the South side of Robinson Road; east of Teasley Lane. BACKGROUND: Applicants: City of Denton An involuntary annexation proceeding is being considered by the City of Denton for approximately 7,480 acres located in fifteen (15) distinct areas. These areas are illustrated collectively in Exhibit 1, and separately in Exhibits 2-16. In 1999 when the Denton Plan was adopted, the City's land area was 39,695 acres. To accommodate future population and development growth, the Denton Plan anticipates annexation of land within the City's extraterritorial jurisdiction (ETJ). The anticipated required acreages and their associated land-uses are identified in the table below. Anticipated Land-Uses Single-family development Required Acreages 15,000 acres Multi-family development 1,200 acres Industrial development 3,000 acres Commercial development 1,200 acres Institutional development 2,700 acres Total 2s, 100 acres The anticipated 25,100 additional acres are based on population projections and an average density of 2,250 people per square mile (640 acres). Per the Denton Plan, the minimum anticipated land area required to accommodate future population and development is 64,795 acres (39,695+25,100). Current land area within the City is approximately 57,257 acres, which is 7,538 acres less than the anticipated minimum stated in the Denton Plan. Element Two of the City's Growth Management Strategies within the Denton Plan (Pages 23) states: 'Adopt an aggressive annexation policy in order to manage the density and quality of growth within the current ETJ and maintain the city's existing certificate of convenience and necessity (CCN). " The City's annexation policy plan, adopted in June 1993 states that: "Annexation is considered when a property is located within the designated urbanizing area; is expected to accommodate urban growth in the next twenty years; and if the annexation is contiguous to existing city limits, city roads and rights-of--way. " To accomplish the above, the City performed a growth management study of approximately 48,000 acres within the City's ETJ. The final result of the study identified twenty two (22) areas throughout the City's ETJ for potential annexation. In addition to achieving the vision of the Denton Plan, the areas that are proposed for annexation will achieve the following goals: • Protect the north Interstate 35 corridor; • Protect the future west Loop 288 corridor; • Manage growth in the City's CCN; • Manage land-uses in probable growth areas; • Create a logical contiguous City of Denton boundary; • Provide future growth areas as recommended by the Denton Plan; and, • Reduce the pockets of unincorporated areas within the existing city limits. The factors used to determine what areas to annex include but are not limited to the following: • Physical features such as creeks, railroads, roadways and other physical or natural boundaries; • Property configuration; • Proximity to current City boundary; • The City's ability to provide adequate public services (Fire, EMS, Police, Water, Wastewater, Parks, Solid Waste collection, etc.), and proximity to the City's CCN); • Areas within the City's CIP; • Extent of recent development activities; • Number of occupied parcels; • Recent voluntary annexation trends; and, • Location and intensity of gas wells. On Tuesday, September 1, 2009, via a City Council work session, staff presented the ranking of the 19 areas identified as potential annexation areas. During that presentation, staff also recommended the annexation of 17 areas totaling approximately 7,912 acres of land within the City of Denton's Extra Territorial Jurisdiction (ETJ). The areas staff recommended include all the "DH" areas (except the 3 areas with existing annexation agreements - 15, 16, & 17), PAA2S, PAA3 and PAA4. During the work session, it was determined that PAA1 should also be annexed due to its close proximity to the Denton Municipal Airport. The total acreage recommended for annexation is approximately 9,075 contained in 18 areas. These areas are illustrated collectively in Exhibit 1. Three (3) of the 18 areas identified for annexation have been placed in an Annexation Plan due to the number of parcels with residential dwellings. Those areas are identified as DH-7, DH-9 and DH-12. At the conclusion of the September 1, 2009 work session, the City Council directed staff to proceed with the process of annexing the above mentioned 18 areas. On Wednesday, December 9, 2009 via a Planning and Zoning Commission (P&Z) work session, staff presented the 18 areas containing approximately 9,075 acres to the P&Z. During the work session, staff also explained the goals of the proposed annexation, the rationale of, and the methodology by which the areas were selected for annexation. After the conclusion of the work session, the P&Z recommended approval of moving forward with the annexation of the 18 areas containing 9,075 acres by a 7-0 vote. SERVICE PLAN: Per Tx.LGC 43.065, the City must prepare a service plan that provides for the extension of full municipal services to the area to be annexed. The City shall provide the services by any of the methods by which it extends the services to any other area of the municipality. Therefore, a Service Plan is attached as Exhibit 17. SUMMARY OF ACTIONS: The following is a summary of the actions taken by the City in associated with the annexations: 1. Staff conducted an annexation study including a priority ranking of areas identified for potential annexation; 2. On September 1, 2009 staff presented a priority ranking of the areas proposed for annexation and received direction from the City Council to proceed with the annexation process of specific areas; 3. On December 9, 2009, staff presented the results of the annexation study, including the goals of the proposed annexation, and planning rationale of selecting the areas identified for annexation to the Planning and Zoning Commission (P & Z) via a work session. At the conclusion of the presentation, the P&Z Commission voted unanimously to recommend annexation of the identified areas; 4. On January 12, 2010 City Council held the first of two (2) required public hearings; and 5. On January 19, 2010 City Council held the second of two (2) required public hearings. 6. On February 9, 2010, City Council conducted the first of two (2) readings of the annexation ordinances. All ordinances were approved by a 7-0 vote. 7. On April 4, 2010, All fifteen (15) ordinances (including the Service Plan) were published in the Denton Record Chronicles. PUBLIC NOTIFICATION: 1. On October 29, 2009, staff mailed 1,490 notices of Intent to Annex to all owners of property within the annexation areas, property owners within 500 feet of each annexation areas, public entities, railroad companies that serve the City and are on the City's tax roll if the company's right-of-way is in the annexation area, and all independent school districts. 2. On December 23, 2009, staff mailed 224 Non-Annexation Agreements (with attached cover letter) to the owners of property appraise for ad valorem taxes as agricultural, wildlife preservation or timberland uses in accordance with Tx.LGC 43.035 and 212.172. 3. On December 30, 2009, staff mailed 375 public hearing notices to all owners of property within the annexation areas, 1,157 courtesy notices to property owners within 500 feet of the annexation areas, and 7 notices to four (4) Independent School Districts informing them of the annexation public hearings. 4. On December 30, 2009, staff mailed seven (7) letters to Denton, Argyle, Krum and Ponder Independent School Districts informing them of the proposed annexation and addressing any financial impact and utility rate changes that may result from the annexation in accordance with Tx.LGC 43.905. 5. On December 30, 2009, staff mailed three (3) public hearing notices by certified mail to the railroad companies that serve the City and are on the City's tax roll if the company's right-of-way is in the area proposed for annexation informing them of the annexation public hearing. 6. On December 30, 2009, staff sent thirty (30) public hearing notices via inter-office mail to various departments within the City of Denton including Water Administration, Denton Police Department, Utilities Administration, Solid Waste Department, Engineering and Transportation Department. 7. Staff also created an internet webpage for the proposed annexation (www.cityofdenton.com). The following information is posted on the webpage: a. A letter to the citizens of Denton explain the purpose and goal of the annexation; b. Notice of public hearings; C. Annexation schedule; and d. Annexation Service Plan; OPTIONS 1. Proceed with the annexation. 2. Amend the land area proposed for annexation. 3. Amend the Service Plan. 4. Amend the Non-Annexation Development Agreements. 5. Discontinue annexation. RECOMMENDATION The Planning and Zoning Commission recommends the annexation proceed as presented by a vote of 7-0. Staff recommends that the annexation proceed as presented. EXHIBITS 1. Areas Proposed for annexation; 2. PAA1 Annexation Area Location Map (including area survey and metes and bounds description); 3. PAA2 South Annexation Area Location Map (including area survey and metes and bounds description); 4. PAA3 Annexation Area Location Map (including area survey and metes and bounds description); 5. PAA4 Annexation Area Location Map (including area survey and metes and bounds description); 6. DH-1 Annexation Area Location Map (including area survey and metes and bounds description); 7. DH-2 Annexation Area Location Map (including area survey and metes and bounds description); 8. DH-3 Annexation Area Location Map (including area survey and metes and bounds description); 9. DH-4 Annexation Area Location Map (including area survey and metes and bounds description); 10. DH-5 Annexation Area Location Map (including area survey and metes and bounds description); 11. DH-6 Annexation Area Location Map (including area survey and metes and bounds description); 12. DH-8 Annexation Area Location Map (including area survey and metes and bounds description); 13. DH-10 Annexation Area Location Map (including area survey and metes and bounds description); 14. DH-11 Annexation Area Location Map (including area survey and metes and bounds description); 15. DH-13 Annexation Area Location Map (including area survey and metes and bounds description); 16. DH-14 Annexation Area Location Map (including area survey and metes and bounds description); 17. Service Plans; and 18. Annexation Schedule Prepared by: Mark Cunningham, AICP, CPM Director of Planning and Development Respectfully submitted: 4-~ Fred Greene Assistant City Manager EXHIBIT I Areas Proposed for Annexation Areas Proposed for Annexation EXHIBIT 2 PAA1- Area Survey Location: South side of Jim Christal Road; north side of Tom Cole Road; west of Masch Branch Road. Area: Approximately 1,171 acres PAA1- Legal Description BEGINNING at point at the northwest corner of property described in Ordinance 2006-205, and further described is said Ordinance as a 1/2 inch pin in the Center of Tom Cole Road (east-west road) and C. Wolfe Road from the south; THENCE along the northerly line of the property described in Ordinance 2006-205, and further described in said Ordinance as South 88° 55' 44" East, 4685.36, generally with center of said Tom Cole Road to an "x" cut in a concrete bridge; THENCE continuing along the northerly line of the property described in Ordinance 2006-205, and further described in said Ordinance as North 89° 43' 13" East, 2591.29, generally with the center of said Tom Cole Road, to a point described in Ordinance 2006-205 as a 3/4 inch iron pin set at the northeast corner of the property described in Ordinance 2006-205, said point also being described in Ordinance 69-40 as the southeast corner of the David Davis Survey, Abstract 356; THENCE northerly along the easterly line of the said David Davis Survey, said line also being the westerly line of the Wm Wilburn Survey, Abstract 1419, a distance as described in Ordinance 69-40 as 2642 feet to a point being the northeast corner of the said David Davis Survey; THENCE westerly, along the northerly line of the said David Davis Survey and described in Ordinance 69-40 as 341 feet to a point described in Ordinance 69-40 as the southwest corner of the said Wm Wilburn Survey; THENCE northerly along the westerly line of the said Wm Wilburn Survey a distance of approximately 1853 feet to a point described in Ordinance 69-40 as the southeast corner of the M H Davis Survey, Abstract 377, and also described as the northeast corner of a tract of land conveyed to Malcolm M Long by deed recorded in Volume 389, Page 389 of the Deed Records of Denton County, Texas; THENCE in South 89° 28' 15" West, a distance of 2359.92 feet (as described in Ordinance 83- 90) to a point for a corner; THENCE North 0° 05' 54" West a distance of 600.48 feet (as described in Ordinance 83-90) to a point for a corner; THENCE West 675.60 feet (as described in Ordinance 83-90) to a point for a corner lying in the middle of Hickory Creek; THENCE north along the middle of Hickory Creek with its meanders to the center of Jim Christal Road (as described in Ordinance 83-90) to a point for a corner; THENCE westerly along Jim Christal Road, also the southerly line of the E.A. Orr Survey, Abstract 983 a distance of approximately 3399 feet to a point for a corner: THENCE southerly to the south right of way line of Jim Christal Road; THENCE westerly to the southeast corner of the southerly right of way of Jim Christal Road and easterly right of way of C Wolfe Road; THENCE in a southerly direction, along the easterly right of way line of C Wolfe Road, such line being the new westerly City Limit line for the City of Denton, to the point of beginning. EXHIBIT 3 PAA2 South - Area Survey Location: South side of FM 1173; north of W. University Drive; west of I-35 Area: Approximately 1,472 acres i F i.". 9973 u f n~ I G U-S, High ,vay PAA2 T L'r:_it l 1 PAA2S - Legal Description BEGINNING at point on the present Denton city limit line, being the northwest corner of a tract described in annexation Ordinance 2007-268, and further described in said ordinance as a right- of-way marker post for a corner in the south line of Farm-to-Market 1173 and in the east line of the Gulf, Colorado and Santa Fe Railroad Company right-of-way; THENCE South 22° 46' 21" East, along the present Denton city limit line as established and described in Ordinance 2007-268 and along the east line of the Gulf, Colorado and Santa Fe Railroad Company right-of-way a distance of 1,860.04 feet to a point for a corner, said point being the southwest corner of the tract described in said Ordinance 2007-268; THENCE South 88° 58' 01" East along the present Denton city limit line as established, described and depicted in Ordinance 2007-268 (Exhibit A and Exhibit A-3 therein) a total distance of 3,411 feet to a point for a corner, said point being the southeast corner of the tract depicted in Ordinance 2007-268 (Exhibit A-3) and said point also lying on the a westerly line of a City of Denton annexation tract established and described in Ordinance 1969-40 (Tract VI); THENCE South 02° 57' East, parallel to and 500 feet west of the center line of Interstate Highway 35, same being the present Denton city limit line established and described in Ordinance 1969-40 (Tract VI), a distance of 1,103 feet to a point for corner, said point lying on the most northerly north line of a City of Denton annexation tract described in Ordinance 1965- 43 (Tract V); THENCE West along the present Denton city limit line as established and described in Ordinance 1965-43 (Tract V) a distance of 244 feet to a point for a corner, said point being the most northerly northwest of said City of Denton annexation tract established and described in Ordinance 1965-43 (Tract V); THENCE South along the present Denton city limit line as established and described in Ordinance 1965-43 (Tract V), being 600 feet from and parallel with the West right-of-way line of Interstate Highway 35, a distance of 1,860 feet to a point for a corner, said point being the northeast corner of a City of Denton annexation tract established and described in Ordinance 1985-31; THENCE North 89° 51' 30" West along the present Denton city limit line as established and described in Ordinance 1985-31 a distance of 1,961.87 feet to a point for a corner; THENCE South 00° 54' 39" East continuing along the present Denton city limit line as established and described in Ordinance 1985-31 a distance of 1,165.47 feet to a point for a corner; THENCE Southeasterly continuing along the present Denton city limit line as established and described in Ordinance 1985-31 and along a curve to the left on the east right-of-way line of the A T & S R Railroad an arc distance of 1,324.91 feet as described in Ordinance 85-31 to a point for corner; THENCE Southeasterly continuing along the present Denton city limit line as established and described in Ordinance 1985-31 and along a curve to the left on the east right-of-way line of the A T & S R Railroad an arc distance of 254.27 feet as described in Ordinance 85-31 to a point for corner; THENCE South 33° 02' East continuing along the present Denton city limit line as established and described in Ordinance 1985-31 and along the east right-of-way line of the A T & S R Railroad distance of 94.68 feet, as described in Ordinance 85-31, to a point for corner, said point lying on the most westerly north line of a City of Denton annexation tract described in Ordinance 1965-43 (Tract V); THENCE West continuing along the present Denton city limit line as established and described in Ordinance 1965-43 (Tract V) a distance of 119.22 feet to a point for corner, said point being on the west right-of-way line of the A T & S R Railroad and being the most westerly northwest corner of said annexation tract described in Ordinance 1965-43 (Tract V); THENCE Southeasterly continuing along the present Denton city limit line as established and described in Ordinance 1965-43 (Tract V) and along the west right-of-way line of the A T & S R Railroad a distance of 490 feet to a point for corner, said point being the northeast corner of a City of Denton annexation tract established and described by Ordinance 1970-34; THENCE South 89° 09' West continuing along the present Denton city limit line as established and described in annexation Ordinance 1970-34 a distance of 2,612.8 feet to a point for corner, said point being the northwest corner of said tract described in annexation Ordinance 1970-34; THENCE South 00° 42' 30" East continuing along the present Denton city limit line as established and described in annexation Ordinance 1970-34 a distance of 2,680 feet to a point for corner, said point being the most westerly northeast corner of a City of Denton annexation tract established and described by Ordinance 1969-40 (Tract VII); THENCE North 88° 50' West continuing along the present Denton city limit line as established and described in annexation Ordinance 1969-40 (Tract VII) a distance of 1,478 feet to a point for corner, said point being the most southerly southeast corner of a City of Denton annexation tract established and described by Ordinance 2006-364 and also lying on the east line of Masch Branch Road; THENCE North continuing along the present Denton city limit line as established and described in annexation Ordinance 2006-364 and along the east line of Masch Branch Road a distance of 2,603 feet to a point for corner, said point being the northeast corner of said Ordinance 2006-364 annexation tract; THENCE North 89° 48' 00" West continuing along the present Denton city limit line as established and described in annexation Ordinance 2006-364 a distance of 50 feet to the west right-of-way line of Masch Branch Road to a point for corner, said point also being the southeast corner of a City of Denton annexation tract established and described by Ordinance 2007-76; THENCE North continuing along the present Denton city limit line as established and described in annexation Ordinance 2007-76 and along the west right-of-way line of Masch Branch Road a distance of 835.54 feet to a point for corner; THENCE North 44° 57' 37" West continuing along the present Denton city limit line as established and described in annexation Ordinance 2007-76 and along a right-of-way flare of Masch Branch Road a distance of 70.76 feet to a point for corner; THENCE North 89° 55' 14" West continuing along the present Denton city limit line as established and described in annexation Ordinance 2007-76 and along the south right-of-way line of Masch Branch Road a distance of 854.47 feet to a point for corner; THENCE South continuing along the present Denton city limit line as established and described in annexation Ordinance 2007-76 a distance of 883.64 feet to a point for corner, said point being the northwest corner of a City of Denton annexation tract established and described by Ordinance 2006-364; THENCE South continuing along the present Denton city limit line as established and described in annexation Ordinance 2006-364 a distance of 1,371.66 feet to a point for corner, said point being the southwest corner of a City of Denton annexation tract established and described by Ordinance 2006-364 and also lying on the north line of a City of Denton annexation tract established and described by Ordinance 1986-23; THENCE South 89° 02' 33" West continuing along the present Denton city limit line as established and described in annexation Ordinance 1986-23 a distance of 1,168 feet to a point for corner, said point being the northwest corner of said Ordinance 1986-23 annexation tract; THENCE South 00° 49' 16" East continuing along the present Denton city limit line as established and described in annexation Ordinance 1986-23 a distance of 969.60 feet to a point for corner, said point being the southwest corner of said Ordinance 1986-23 annexation tract and lying on the a northerly line of a City of Denton annexation tract established and described by Ordinance 74-36 (Tract V); THENCE North 88° 50' West continuing along the present Denton city limit line as established and described in annexation Ordinance 74-36 (Tract V) a distance of 1,905 feet to a point for corner, said point being on the west line of a 60.474 acre tract of land described in deed recorded under Instrument Number 2008-132154, Real Property Records, Denton County, Texas; THENCE North 2° 14' 50" East, along the west line of said 60.474 acre tract a distance of 923 feet to the northwest corner of the said 60.474 acre tract to a point for corner; THENCE South 87° 54' 20" East, along the north line of said 60.474 acre tract a distance of 507 feet to a point for corner, said point being the southwest corner of a 40.24 acre tract of land described in deed recorded under Instrument Number 2003-207507, Real Property Records, Denton County, Texas ; THENCE North 00° 20' 00" West along the west line of said 40.24 acre tract a distance of 2,280.05 feet to a point at the northwest corner of said tract and in the center of Masch Branch Road; THENCE North a distance of 25 feet to a point for corner, said point being the intersection of the implied east right-of-way line of a north/south section of Masch Branch Road and the implied north right-of-way line of an east/section of Masch Branch Road; THENCE northerly along the courses and distances of the implied east right-of-way line of Masch Branch Road a total distance of 5,545 feet to a point for corner, said point being on the southwest corner of a 4.998 acre tract described in City of Denton Ordinance 2001-318 (Krum/Denton Mutual Boundary Agreement (Exhibit A (Tract 4))); THENCE South 89° 53' 33" East, along the present Krum/Denton Future Mutual Boundary Line referenced in City of Denton Ordinance 2001-318, a distance of 418.50 feet to a point for a corner; THENCE North 00° 16' 13" West, along the present Krum/Denton Future Mutual Boundary Line referenced in City of Denton Ordinance 2001-318, a distance of 520.80 feet to a point for corner, said point being the northeast corner of the property described in Ordinance 2001-318 (Exhibit A (Tract 4)) and the southeast corner of the property described in Ordinance 2001-318 (Exhibit A (Tract 3)); THENCE North 00° 09' 01" West, along the present Krum/Denton Future Mutual Boundary Line referenced in City of Denton Ordinance 2001-318, a distance of 745.53 feet to a point for a corner, said point being the northeast corner of the property described in Ordinance 2001-318 (Exhibit A (Tract 3)) and located on the south right-of-way line of F.M. 1173; THENCE easterly along course and distances of the south right-of-way line of F.M. 1173, a total distance of 4,385 feet to the POINT OF BEGINNING and containing 1,480 acres of land. EXHIBIT 4 PAA3 - Area Survey Location: South side of Ganzer Road; north and south of Barthold Road; north of FM 1173; west of I-3 5. Area: Approximately 1,075 acres PAA3 - Legal Description BEGINNING at a point on the present Denton city limits line, described as the southwest corner of an annexation tract established and described in Ordinance 1985-246 and further described therein as being on the centerline of F.M. 1173; THENCE North 87° 57' East, along the center line of F.M. 1173 and along the present Denton city limit line as established in said Ordinance 1985-246 a distance of 310.5 feet to a point for corner; THENCE North 89° 39' East, along the center line of F.M. 1173 and along the present Denton city limit line as established in said Ordinance 1985-246 a distance of 2,153.5 feet to a point for corner, said point also lying 500 feet west of and perpendicular to the center line of Interstate Highway 35, said point also being on the westerly line of a City of Denton annexation tract established and described in Ordinance 1969-40 (Tract VI); THENCE South 02° 57' East, parallel to and 500 feet west of the center line of Interstate Highway 35, same being the present Denton city limit line established and described in Ordinance 1969-40 (Tract VI), a distance of 45 feet to a point for corner, said point lying on the south right-of-way line of F.M. 1173 and also being the northeast corner of a City of Denton annexation tract established and depicted in Ordinance 2007-268 (Exhibit A-3 therein); THENCE South 89° 19' 54" West along the south right-of-way line of F.M. 1173, same being the north line of said City of Denton annexation tract established, described and depicted in Ordinance 2007-268 (Exhibit A and Exhibit A-3 therein), a distance of 1,801 feet to a point for a corner; THENCE South 88° 07' 35" West along the south right-of-way line of F.M. 1173, same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein), a distance of 99.83 feet to a point for a corner; THENCE North 88° 37' 44" West along the south right-of-way line of F.M. 1173, same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein), a distance of 401.49 feet to a point for a corner; THENCE North 84° 33' 28" West along the south right-of-way line of F.M. 1173, same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein), a distance of 100.64 feet to a point for a corner; THENCE North 87° 39' 59" West along the south right-of-way line of F.M. 1173, same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein), a distance of 1,634.99 feet to a point for a corner, said point lying on the easterly right-of-way line of the Kansas City Southern Railway (formerly Gulf, Colorado and Sante Fe Railroad Company), said point also being the northwest corner of said Ordinance 2007-268 annexation tract; THENCE northwesterly, departing the existing Denton city limits and along the arcs, courses and distances of the said easterly railroad right-of-way line a total distance of 9,591 feet to a point for a corner; said point being the intersection of the said easterly railroad right-of-way line and the south right of way line of Ganzer West Road; THENCE in an easterly direction, along the courses and distances of the southerly implied right- of-way line of Ganzer West Road a total distance of 8,182 feet to a point for a corner, said point lying on the present Denton city limit line established and described by annexation Ordinance 1987-141; THENCE South 01° 58' East along the present Denton city limit line established and described by annexation Ordinance 1987-141, a distance of 922 feet to a point for corner, said point being the southwest corner of said Ordinance 1987-141 annexation tract and also lying on the north line of a City of Denton annexation tract established and described in Ordinance 1969-40 (Tract VI); THENCE North 88° 53' West along the present Denton city limit line established and described by annexation Ordinance 1969-40 (Tract VI) a distance of 250 feet to a point for corner, said point lying 500 feet west of the said center line if Interstate Highway 35 and being the northwest corner of said annexation Ordinance 1969-40 (Tract VI); THENCE South 00° 44' East parallel to and 500 feet west of said center line of Interstate Highway 35 and along the present Denton city limit line established and described by annexation Ordinance 1969-40 (Tract VI) a distance of 6,087 feet to a point for corner, said point lying 500 feet west of the said center line of Interstate Highway 35 and being the northeast corner of said annexation tract established and described in Ordinance 1985-246; THENCE North 89° 29' West along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 324.6 feet to a point for corner; THENCE South 89° 15' 40" West along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 1,000 feet to a point for corner; THENCE North 89° 28' West along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 1,034.21 feet to a point for corner; THENCE South 00° 25' 30" West along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 1,271.72 feet to a point for corner; THENCE South 00° 42' West along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 42635 to the POINT OF BEGINNING and containing 1,090 acres of land. EXHIBIT 5 PAA4 - Area Survey Location: South side of Milam Road; north of Loop 288; east of I-35 Area: Approximately 1,555 acres PAA4 - Legal Description BEGINNING at the northwest corner of the property described in Ordinance 2008-137; THENCE South 01° 08' 35" West, 2996.05 feet, as described in Ordinance 2008-137 to a point for a corner at the southwest corner of the property described in Ordinance 2008-137; THENCE South 89° 10' 00" East, 2457.02 feet. as described in Ordinance 2008-137 to a point for a corner described a corner of the property described in Ordinance 2008-137; THENCE South 88° 54' 04" East, 197.47 feet as described in Ordinance 2007-077 to a point for a corner; THENCE southerly along the westerly line of the property described in Ordinance 2007-077 (Tract 1) to a point for a corner described as the southwest corner of the property described in Ordinance 2007-077, said point also being on the north line of the property described in Ordinance 1985-151; THENCE westerly along the northerly line described in the property described in Ordinance 1958-151 to a point on a corner in the at the northeast corner the property described in Ordinance 2007-077 (Tract 2); THENCE North 89° 32' 45" West, 2128.41 feet, as described in Ordinance 2007-077 (Tract 2); to a point for a corner; THENCE South 00° 03' 28" West, 26.07 feet to a point for a corner; THENCE North 89° 32' 32" West, 972.02 feet to a point for a corner; THENCE South 01° 34' 05" West, 932.20 feet, as described in Ordinance 2007-077 (Tract 2); THENCE South 01° 35' 23" West, 1003.38 feet, as described in Ordinance 2007-077 (Tract 2) to the southwest corner of said Tract; THENCE South 88° 29' 12" East, 1541.64 feet, as described in Ordinance 2007-077 (Tract 2) to a point for a corner; THENCE South 00° 56' 25" West, 185.30 feet, as described in Ordinance 2007-077 (Tract 2) to a point for a corner; THENCE South 88° 09' 02" East, 498.78 feet, as described in Ordinance 2007-077 (Tract 2) to a point for a corner on the westerly line of the property described in Ordinance 2002-257; THENCE southerly along the westerly line of the property described in Ordinance 2002-257 to a point for a corner on the northerly line of the property described in Ordinance 2007-077 (Tract 3), this corner being the southwest corner of the property described in Ordinance 2002-257; THENCE westerly along the north line of the property described in Ordinance 2007-077 (Tract 3) to a point in the northwest corner of said tract; THENCE South 00° 23' 04" West, 1765.70 feet, as described in Ordinance 2007-077 (Tract 3) to a point for a corner, said point being the southwest corner of the said Tract 3, and also being on the north line of the property described in Ordinance 80-26; THENCE westerly along the northerly line of the property described in Ordinance 80-26, to a point being the northwest corner of said property; THENCE southerly along the westerly line of the property described in Ordinance 80-26 to an intersection point with the property described in Ordinance 1982-4; THENCE westerly along the north line of the property described in Ordinance 82-04 to a point for a corner; THENCE northwesterly along the north line of the property described in Ordinance 82-04 to a point, said point being the southeast corner of the property described in Ordinance 86-06; THENCE North 0° 25' 59" East, 1845.44 feet, as described in Ordinance 86-06, to a point; THENCE North 0° 22' 28" East, 506.06 feet, as described in Ordinance 86-06, to a point for a corner; THENCE South 89° 27' 00" East, 1033.40 feet, as described in Ordinance 86-06, to a point for a corner, THENCE North 0° 22' 27" East, 564.11 feet, as described in Ordinance 86-06, to a point for a corner; THENCE North 89° 31' 39" West, 2485.31 feet, as described in Ordinance 86-06, to a point, said point being the northwest corner of this property, and being the northeast corner of the property described in Ordinance 98-224; THENCE westerly along the north line of the property described in Ordinance 98-224 to a point of intersection with easterly line of the property described in Ordinance 69-40 (Tract VI); THENCE northerly along the easterly line of the property described in Ordinance 69-40 (Tract VI) to a point of intersection with centerline of Ganzer East; THENCE westerly to a point of intersection with the property described in Ordinance 87-141; THENCE northerly along the easterly line of the property described in Ordinance 87-141 to a point of intersection with the southwest corner of the property described in Ordinance 93-079; THENCE by a series of segments along the easterly limits of the property described in Ordinance 93-079 to point at the northeast corner of said property; THENCE easterly along the south right-of-way of FM 3103 to the Point of Beginning. EXHIBIT 6 DH-I - Area Survey Location: East of H. Lively Road; south side of FM 2449; west side of John Paine Road Area: Approximately 315 acres DH-1 Legal Description BEGINNING at a point at the southeast corner of C Wolfe Road and FM 2499, as described in Ordinance 2006-205, South Tract, as the northwest corner of said Tract; THENCE by a series of metes and bounds as described in said ordinance and listed herein Easterly with the south right-of-way of Farm Road No. 2449 as follows: North 45° 10' 52" East, 41.58 feet; North 89° 46' 37" East, 679.48 feet; South 84° 30' 45" East t, 100.50 feet; North 89° 46' 37" East, 200.00 feet; North 84° 03' 59" East, 100.50 feet; North 89° 46' 37" East, 1462.48 feet; THENCE South 00° 16' 13" East, 711.07 feet with a west line of an 18.28 acre tract to a point for a corner of said 18.28 acre tract; THENCE North 89° 45' 23" East, 1119.68 feet with the south line said 18.28 acre tract to a point for a corner at the southeast corner of said 18.28 acre tract; THENCE North 00° 12' 56" West, 710.67 feet with the east line of the aid 18.28 acre tract to a point for a corner at the northeast corner of the said 18.28 acre tract in the south right- of-way of said Farm Road No. 2449; THENCE North 89° 46' 37" East, 4616.62 feet to a point for a corner; Road; THENCE South 00° 09" 33" West, 1652.60 to a point for a corner; THENCE North 89° 28' 35" West, 254.68 feet to a point for a corner; THENCE South 00° 24' 30" West, 2169.07 feet to a point for a corner; THENCE South 89° 56' 06" East, 3151.06 to a point on the west edge of John Paine THENCE South 00° 33' 24" West, 5406.60 feet with the west edge of John Paine Road to a point also known as the southeast corner of the property described in Ordinance 2006-205, South Tract; THENCE easterly across John Paine Road to a point on the westerly line of the property described in Ordinance 2001-451, also being the easterly right-of-way line of John Paine Road; THENCE northerly along the easterly right-of-way for John Paine Road to a point described in Ordinance 2001-451; THENCE North 44° 41' 34" East, 185.77 feet to a point described in Ordinance 2001-451 as a point in the north property line of a Petrus, Tract I land and the existing southern right-of-way of FM 2499; THENCE North 89° 53' 51" East, 245.46 feet crossing the existing right-of-way line for FM 2499 and being the southwest corner of the Petrus Tract III land as described in Ordinance 2001- 451; THENCE westerly along the north right-of-way of FM 2499 to a point described in Ordinance 2006-205, North Tract, being at the intersection of the north right-of-way pr FM 2499 and the east right-of-way of C. Wolfe Road; THENCE southerly to the Point of Beginning. EXHIBIT 7 DH-2 - Area Survey Location: South side of University Drive; west and east sides of Thomas J. Egan Road; north of Jim Christal Road; west of Masch Branch Road Area: Approximately 258 acres I-- I- 1---- L f S% J J -n Christai` U,6. Hi hway 380 - r DH Z DH-2 Legal Description BEGINNING at the northwest corner of the subject property, this point being the northeast corner of property described in Ordinance 86-48; THENCE South 00° 10' 27" West, 1886.11 feet to a point for a corner; THENCE South 89° 59' 47" East 1174.8 feet to a point in Egan Road; THENCE South 09° 03' 21" East with said Eagan Road 1400 feet to a point (steel pin) at the intersection of Egan Road and Jim Christal Road, being on the South side of the E.A. Orr Survey; THENCE along the centerline of Jim Christal Road in a series of metes and bounds, more completely described in Ordinance 83-90; THENCE to a point in Jim Christal Road described as the southeast corner of the property described in Ordinance 86-102; THENCE North 00° 11' 40" West, 3031.04 feet to a point called the northwest corner of the property described in Ordinance 86-102; THENCE South 89° 28' 48" East, 1486.80 feet to a point described in Ordinance 86-102and called the northeast corner of the property described in said Ordinance, also being the northwest corner of the property described in Ordinance 2002-029; THENCE South 89° 49' 18" East, 394.07 feet to a point; THENCE South 88° 25' 54" East, 59.94 feet to a point; THENCE South 89° 37' 36" east, 659.22 feet to a point for a corner; THENCE South 00° 05' 23" East, 1698.40 feet to point for a corner; THENCE South 89° 03' 32" West, 143.14 feet to a point for a corner; THENCE South 00° 33' 00" East 16.57 feet to a point for a corner; THENCE South 00° 33' 00" East 992.15 feet to a point for a corner; THENCE North 89° 50' 43" West 792.69 feet to a point for a corner; THENCE South 00° 28' 20" East, 452 feet to a point in the centerline of Jim Chrisal Road, also known as the southeast corner of the property described in Ordinance 2002-209,said point also being on the north line of property described in Ordinance 69-40 (I); THENCE easterly along the northern line of the property described in Ordinance 69-40 (I) to a point described in Ordinance 82-52 as the southwest corner of said property; THENCE northerly along the west property line of the property described in Ordinance 82-52 to the northwest corner of said property at which point the property intersects with the south property line described in Ordinance 74-36, Tract V; THENCE following the south property line of the property described in Ordinance 74-36, Tract V to the Point of Beginning. EXHIBIT 8 DH-3 Area Survey Location: South side of Spring Side Road; north, south and west of Corbin Road; west of I-35 Area: Approximately 421 acres DH-3 Legal Description BEGINNING at a point at the intersection of Underwood and Springside Road as defined in Ordinance 2006-205, North Tract; THENCE in a southerly direction, along the east right-of-way of Underwood as more completely described in Ordinance 2006-205, North Tract, to a point of intersection with the north line of the property described in Ordinance 2001-451; THENCE in a easterly and southeasterly direction, along the north line of the property described in Ordinance 2001-451 to a point of intersection with the westerly line of the property described in Ordinance 69-40, Tract 11; THENCE northeasterly along the westerly line of the property described in Ordinance 69-40, Tract II to a point of intersection with the southerly line of the property described in Ordinance 84-63; THENCE in a west and north direction along the south and west line of the property described in Ordinance 84-63 to a point of intersection with the property described in Ordinance 80-67; THENCE northerly along the west line of the property described in Ordinance 80-67 to a point of intersection with the property described in Ordinance 69-40, Tract I, being the existing City Limit line; THENCE along the existing City Limit line as described by ordinance 69-40, Tract I to the Point of Beginning. EXHIBIT 9 DH-4 Area Survey Location: East side of Bonnie Brae Street; west of Fort Worth Drive; east and west of Vintage Boulevard Area: Approximately 347 acres m el c ca Allred Rd ~4z Q DH-4 Legal Description BEGINNING at a point at the southeast corner of the property described in Ordinance 91-033, Tract I, being a point at the intersection of Allred Road and Bonnie Brae Road; THENCE North 00° 39' 53" West, 3265.02 feet along Bonnie Brae Road to a point, said point being the northeast corner of the property described in Ordinance 91-033, Tract I, and also being the southeast corner of the property described in Ordinance 91-033, Tract III; THENCE northerly along Bonnie Brae Road to appoint, said point being the southwest corner of the property described in Ordinance 2001-092; THENCE South 89° 29' 08" East, 1700.62 feet along the south line of the property described in Ordinance 2001-092 to a point; THENCE North 88° 46' 32" East, 1502.66 feet along the south line of the property described in Ordinance 2001-092 to a point for a corner; THENCE North 00° 47' 19" West, 2294.14 feet to a point for a corer; THENCE southerly along and near the median of Hickory Creek, a series of meanders totaling approximately 2411.54 feet to a point; THENCE South 20° 31' 17" East, 21.90 feet to a point for a corner, said point being the northwest corner of disannexation tract described in Ordinance 80-1, Tract III; THENCE southwesterly along the north boundary line of the property described in Ordinance 80-1, Tract III, same being the center of the channel of Hickory Creek to a point for a corner at the intersection of the north boundary line and the west right-of-way line of the Texas and Pacific Railroad; THENCE southwesterly along the right-of-way line of the Texas and Pacific Railroad to a point for a corner, said point being the southeast corner of the property described in Ordinance 80-1, Tract III and the northeast corner of the property described in Ordinance 79-082; THENCE continuing southwesterly along the right-Of-way line of the Texas and Pacific Railroad as described in Ordinance 79-082, to a point for a corner, said corner being the southeast corner of said ordinance and the also being the northeast corner of the property described in Ordinance 69-40, Tract III; Thence northerly to the Point of Beginning, containing 347 acres, more or less. EXHIBIT 10 DH-5 Area Survey Location: East side of Fort Worth Drive; west of Country Club Drive; north of Bush Creek Road Area: Approximately 307 aces DH-5 Legal Description Tract 1 BEGINNING at a point on the north right-of-way of Brush Creek Road as described in Ordinance 2110-090, Ryan Tract I; THENCE along a series of segments as described in Ordinance 2001-090 as follows; THENCE along the north right-of-way line of Brush Creek Road and thereafter the west right-of-way of FM 1830, approximately 4668.43 feet to a point for a corner; THENCE South 89° 51' 22" West, 500 feet to a point for a corner; THENCE North 00° 08' 38" West, 450 feet, to a point for a corner; THENCE South 89° 51' 22" East, 500 feet to a point for a corner, said pint along the west right-of-way line of FM 1830; THENCE northerly along the west right-of-way line of FM 1830, approximately 1241.24 feet to a point for a corner; THENCE westerly approximately 2607 feet to a point for a corner; THENCE north along the west line of the B.B.B. & C.R.R. Co. Survey, Abstract 196, approximately 1004.92 feet to a point for a corner, said point lying in the center of Hickory Creek; THENCE along Hickory Creek to a point for a corner, said corner being on a line Described in Ordinance 65-43 (Tract IV); THENCE southwesterly along the easterly line of the property described in Ordinance 65-43 (Tract IV) to a point described on Ordinance 80-1 (Tract I1); THENCE westerly to the east right-of-way of Fort Worth Drive as described in Ordinance 80-1 (Tract I1); THENCE along the east right-of-way of Fort worth Drive as described in Ordinance 80-1 (Tract 11) and Ordinance 80-1 (Tract I), to a point for a corner; THENCE easterly along the line described by Ordinance 80-1 (Tract I) to a point, said point intersecting a line defined by Ordinance 97-130; THENCE North 88° 34' 45" East, 1171.23 to a point for a corner; THENCE North 05° 47' 49" East, 193.72 feet to a point for a corner; THENCE North 88° 38' 45" East, 1240.69 feet to a point for a corner; THENCE southerly to a point, said point being the intersection of a line described by Ordinance 2001-090, Ryan Tract I; THENCE easterly approximately 1320.50 feet to a point for a corner; THENCE southerly approximately 2640 feet to the Point of Beginning. Tract 2 Being the property described in Ordinance 2001-090 as a Save & Except Tract. The following description is as written in the said ordinance. BEGINNING at a point on the north line of Brush Creek Road and on the southerly right-of-way line of FM 1830 and being North 58° 12' 59" East a distance of 20.00 feet from the northwest corner of the tract of land described in the deed from A. E. Wyatt to Fred D. Kurrus being recorded in Volume 598, Page 544, Deed Records of Denton County, Texas; THENCE North 58° 12' 80" East along the south right-of-way line of FM 1830 a distance of 323.52 to the beginning of curve to the left having a radius of 617.23 feet; THENCE with said curve to the left having an arc length of 443.28 feet and a chord bearing of North 37° 38' 31' East a distance of 433.82 feet to a point on the southerly ri ght-of-way of FM 1830 and on the west line of the tract of land described in the deed to Sowell Property Partners- Hickory being recorded as County Clerk's File Number 99-R0088518, Real Property Records of Denton County, Texas; THENCE South 00° 54' 46" East along the west line of the said Sowell Property Partners- Hickory tract a distance of 48939 feet to a point on the north right-of-way of Brush Creek Road; THENCE South 87° 25' 34" West along the north line of Brush Creek Road distance of 548.30 feet to the POINT OF BEGINNING and containing 2.25 acres of land. EXHIBIT II DH-6 Area Survey Location: East side of Teasley Lane; north of Hickory Creek Road; west of Lipizzan Court Area: Approximately 9 acres 1.1.1 L TT I~~l] t - 1T-Ifi 1 - -Lj- T -7-i-r,-,- - i i _ ~1]T1a i i -T - DH 6 L Hickory Creek ~d. -jt - - - DH-6 Legal Description BEGINNING at a point described in Ordinance 99-256 being on the right-of-way line of FM Road 2181 (Teasley Lane) and being the southwest corner of the property included in this ordinance; THENCE South 84° 37' 55" East, 680.71 feet to a point for a corner; THENCE North 04° 24' 56 East, 680.71 feet to a point for a corner, also being the northeast corner of the property included in this ordinance and being the northwest corner of the property described in Ordinance 99-256; THENCE westerly along a line described in Ordinance 99-347 as being in the center of Nowlin Road, to a point in the east right-of-way of FM 2181 and further being described in Ordinance 99-347 as being the Point of Beginning of said property; THENCE southerly along the east right-of-way line of FM 2181 to the Point of Beginning. EXHIBIT 12 DH-8 Area Survey Location: West of Old Edwards Road; north and south of Edwards Road Area: Approximately 29 acres DH-8 Legal Description BEGINNING at a point described in Ordinance 83-16 and being located on the centerline of a county road and being further described as the southeast corner of the said property; THENCE North 87° 57' 30" West, 995.5 feet along the south property line of the property described in Ordinance 83-16, and being a northerly line of the property included in this Ordinance; THENCE South 4° 13' 44" West, 733.06 to a point on the south right-of-way of Edwards Road and being on the line defining the City Limits as described in Ordinance 78-38; THENCE easterly along the south right-of-line of Edwards Road as described in Ordinance 78- 38 and Ordinance 2004-135 to a point described in Ordinance 2004-135 as the intersection with Edwards Road; THENCE southerly along a line described in Ordinance 2004-135 to a point of intersection with the property described in Ordinance 2004-134, Tract 1, and described in Ordinance 2004-134, Tract 1 as the northwest corner of said property; THENCE South 86° 34' 49" East, 511.14 feet to a point for a corner; THENCE South 87° 47' 33" East, 302.42 feet to a point for a corner; THENCE North 02° 11' 11" East, 569.08 feet to a corner identified as southwest corner of the property described in Ordinance 86-218 and the southeast corner of the property described in Ordinance 86-15; THENCE North 86° 08' West, 1331.3 feet along the south boundary line of the property line described in Ordinance 86-15 to a point, same being the southwest corner of the said property; THENCE North 10° 22' West, 505.5 feet along the west boundary of said property to a point for a corner; THENCE North 3° 27', 203.4 feet to the southwest corner of the property described in Ordinance 83-16, also the Point if Beginning. EXHIBIT 13 DH-10 Area Survey Location: South of East McKinney; east and west of Lakey Circle Area: Approximately 87 acres DH-10 Legal Description BEGINNING at a point at the intersection of the property described in Ordinance 86-129 and Ordinance 99-258, being the northeast corner of the property described in Ordinance 99-258; THENCE southeasterly along the south line of the property described in Ordinance 86-129, to a point on the west line of the property described in Ordinance 85-210; THENCE southerly along the west line of the property described in Ordinance 85-210 to a point designated as US Army Corps of Engineers Monument P-250-W as described in Ordinance 86- 214; THENCE South 00° 24' East, 45.5 feet, to a US Army Corps of Engineers Monument P-249-W, described in Ordinance 86-214; THENCE West 1484.1 feet to a US Army Corps of Engineers Monument P-248-W, said point being on the line of the property described in Ordinance 99-258; THENCE North 03° 56' 40" East to a point at the northeast corner of the property described in Ordinance 99-258, said point being the Point of Beginning EXHIBIT 14 DH-11 Area Survey Location: Southeast of the intersection of Mayhill Road and McKinney Street Area: Approximately 388 acres DH 11 DH-11 Legal Description BEGINNING at appoint at the intersection of the properties described by Ordinance 65-43, Tract I and Ordinance 83-134, said point being the southwest corner of the property described in Ordinance 83-134; THENCE southwesterly along the south line of the property described in Ordinance 83-134 to a point intersecting the west line of the property described in Ordinance 86-13; THENCE South 1° 11' 58" East, 78.75 feet to a point for a corner; THENCE South 0° 14' 47" East, 321.99 feet to a point for a corner; THENCE South 1° 00' 54" West, 692.37 feet to a point for a corner; THENCE South 88° 07' 49" East, 158.15 feet to a point for a corner; THENCE South 1° 00' 46" East, 798.58 feet to a point for a corner; THENCE South 89° 30' 13" East, 812.67 feet to a point for a corner; THENCE North 1° 00' 46" West, 798.58 to a point for a corner; THENCE North 0° 10' 40" East to a point for a corner, said corner being on the south line of the property described in Ordinance 83-134; THENCE southeasterly along the south line of the property described in Ordinance 83-134 to a point, said point being the southeast corner of the said property and intersecting with the property described in Ordinance 86-129; THENCE southeasterly along the south line of the property described in Ordinance 86-129, approximately 1790.55 feet to a point for a corner; THENCE southerly along the west line of the property described in Ordinance 86-129 to an intersection with the property described in Ordinance 83-18; THENCE westerly along the center line of Pecan Creek, approximately 535.62 feet, as described in Ordinance 83-18, to a point in the center of Pecan Creek, said point being the southeast corner of the property described in Ordinance 81-094; THENCE along the center line of Pecan Creek, approximately 2317 feet, as described in Ordinance 81-094 to a point for a corner, said point being the southernmost point of the property described in Ordinance 83-19; THENCE along the center line of Pecan Creek, approximately 3454.72 feet, as described in Ordinance 83-19 to a point for a corner; THENCE South 65° 45' 12" East, 96.30 feet, to a point of intersection with the property described in Ordinance 81-94; THENCE North 65° 45' 12" West, 289.86 feet to a point for a corner; THENCE along the center line of Pecan Creek, approximately 223233 feet as described in Ordinance 81-94 to a point for a corner; THENCE North 88° 12' West, 31.80 feet to a point for a corner; THENCE South 3° 51' 32" West, 160 feet to appoint for a corner; THENCE North 86° 43' 28" West, 1450 feet to a point for a corner, said point being on the east right-of-way of Mayhill Road; THENCE northerly along the east right-of-way line of Mayhill Road as described in Ordinance 73-08 to a point, said point being the southeast corner of the property described in Ordinance 65-43, Tract I; THENCE northerly along the east side of Mayhill Road as described in Ordinance 65-43, Tract I to the Point of Beginning. EXHIBIT 15 DH-13 Area Survey Location: West of the intersection of N. Locust Street and Bobcat Road; south of Chaparral Road Area: Approximately 16 acres DH-13 Legal Description Tract 1 BEGINNING at a point on the line of the property described in Ordinance 74-36 (Tract III) and the intersection of a line described in Ordinance 2007-007; THENCE North 89° 06' 18" West, 1294.18 feet to a point for a corner; THENCE North 00° 49' 51" West, 559.86 feet to a point for a corner; THENCE South 89° 00' 42" East, 1189.82 feet to a point for a corner; THENCE South 00° 50' 41" East, 199.76 feet to a point for a corner; THENCE South 89° 02' 57" East, 104.32 feet to a point for a corner; THENCE South to the Point of Beginning Tract 2 BEGINNING at a point described in Ordinance 2007-007, said point being the northeast corner of said property; THENCE easterly 50 feet to the west line of the property described in Ordinance 94-121; THENCE north to a point described in Ordinance 2008-137, said point being the southeast corner of the property described in the said ordinance; THENCE westerly to the Point of Beginning EXHIBIT 16 DH-14 Area Survey Location: South side of Robinson Road; east of Teasley Lane Area: Approximately 30 acres DH-14 Legal Description BEGINNING at a point in the southeast corner of the property described in Ordinance 83-033, said point being near the northeast corner of Teasley Lane and Robinson Road, at the intersection of the property described in Ordinance 65-43 and being 5 feet east of the east right-of-way of Teasley Lane; THENCE westerly along the north right-of-way line of Robinson Road to a point on the line, described in Ordinance 78-28, Exhibit C; THENCE southerly along the line described in Ordinance 78-28, Exhibit C to a point on a line described in Ordinance 97-051; THENCE North 86° 55' 29" West, 680.54 feet as described in the property described in Ordinance 97-501, said point being at the northwest corner of said property and on a line on the east side of the property described in Ordinance 99-347; THENCE north on the east line of the property described in Ordinance 99-347 to a point in the center of Robinson Road as described in said ordinance; THENCE westerly along the centerline of Robinson Road as described in Ordinance 99-347 to a point being in the northwest corner of said property; THENCE northerly to the Point of Beginning EXHIBIT 17 2010 Annexation CITY OF DENTON SERVICE PLAN 1. AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAA1, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as Donut Holes (DH) DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13 and DH-14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. A --1 17ALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: I. Fire suppression and rescue; 2. Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emergency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre-arrival First Aid instructions; 2. Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ) As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAA1, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13, and DH-14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CIP and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks, Playgrounds, Swimming Pools Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. 1. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. EXHIBIT 18 2010 Annexation Schedule - Exempted Areas Tuesday, 1/12/2010 City Council 1st Public Hearing Tuesday, 1/19/2010 City Council 2nd Public Hearing Tuesday, 2/9/2010 1st Reading of Annexation Ordinances Tuesday, 4/2/2010 Publication of Annexation Ordinances in Denton Record Chronicles Tuesday, 5/4/2010 2nd Reading and Adoption of the Annexation Ordinances Final City Council action. Note: Annexations must be rigidly coordinated in conjunction with the Citv Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local Government Code requires that City Council institute annexation proceedings (1" Reading of the Ordinance) more than 20 clays after the second 01y Council public healing but less than 40 days jt orn the If 01y Council public hearing. I = s:lour documentslordinances\Mpaal annexing parce[.doc ORDINANCE NO. AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS PAAI OF APPROXIMATELY 1,171 ACRES (LESS THOSE PARCELS IDENTIFIED IN EXHIBIT "C") LOCATED ON THE SOUTH SIDE OF JIM CHRISTAL ROAD, THE NORTH SIDE OF TOM COLE ROAD, WEST OF MASCH BRANCH ROAD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, AND WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE; EXCLUDING PROPERTIES WITHIN PAA1 SUBJECT TO NON-ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE FROM THE ANNEXATION; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subehapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan; and WHEREAS, this annexation is under the annexation procedures for areas exempted from an annexation plan pursuant to Tex. Loc. Gov't Code section 43.052(h); and WHEREAS, the Denton City Council finds that there are fewer than 100 separate tracts of land on which one or more residential dwellings are located on the PAA1 tract in the area to be annexed; and WHEREAS, the Denton City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan as it is now written, or as it may be modified by the City from time to time; and WHEREAS, all required notices, including written notice of intent to annex said area to each property owner, each public entity and each railroad company within said area as required by Section 43.062, Subchapter C-l, Local Government Code, and all public hearings and requirements for such annexation have been had in accordance with applicable law; and WHEREAS, the City has prepared a service plan for the area to be annexed in accordance with Tex. Loc. Gov't Code section 43.056 providing for full municipal services to such area, which service plan was made available to the public and explained at the scheduled public hearings; and WHEREAS, offers of non-annexation development agreements have been made to the owners of all eligible properties within the area to be annexed pursuant to this Ordinance, which properties have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland as required by Section 43.035, Subchapter B, Local Government Code; and scour doewnentslordinancesl] Olpaal annexing parcel,doc ro WHEREAS, the City Council, by prior action, has approved certain non-annexation agreements executed by eligible property owners within PAA1; and WHEREAS, the City desires to affirm that structures, uses and facilities pre-existing in areas annexed under this Ordinance, or in areas subject to non-annexation agreements within PAA1 approved by prior action, shall be subject to the protections and limitations imposed by §43.002 of the Texas Local Government Code, as well as those protections afforded by Subchapter 1 I of the Denton Development Code, to the extent it is applicable; and WHEREAS, under the previously approved non-annexation agreements between an eligible property owner and the City, the lands subject to the agreements retain their extraterritorial status and the owners of such lands must abide by the City's development regulations as if such lands were within the City limits, as provided further in such agreement; and WHEREAS, the land which is adjacent or contiguous to an area subject to a non- annexation agreement is considered adjacent or contiguous to the City for purposes of annexation; and WHEREAS, the City Council of the City of Denton deems it to be in the best interests of the citizens of the City of Denton to annex said territory into the City of Denton, save and except those properties subject to prior approved non-annexation agreements within PAAI; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as PAAl, as described in Exhibit "A", attached hereto and incorporated herein, and as depicted in Exhibit "B," attached hereto and incorporated herein (except that if there is conflict between the Exhibits, "A" shall control), save and except for those properties described in Exhibit "C", which are subject to certain non-annexation agreements, executed by property owners within PAAI and previously approved by the City, due to their use for agricultural, wildlife management or timberland purposes as described in Section 43.035, Subchapter B, Local Government Code, is hereby ANNEXED to and included within the corporate limits of the City of Denton, Texas. SECTION 3. A service plan prepared in accordance with applicable provisions of state law pertaining to annexation is attached hereto as Exhibit "D" and made a part hereof for all intents and purposes. SECTION 4. The City Manager is hereby authorized and directed to immediately correct the map of the City of Denton by adding thereto the additional territory annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance, and the ETJ resulting from such boundary extensions. Page 2 s:lour documentslordinance0 ftaa1 annexing parcel.doc r SECTION 5. This Ordinance shall be become effective upon final passage by the City Council. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. Nothing herein should be deemed to repudiate any earlier action by the City relating to approval of any non-annexation agreement associated with properties contained within PAA L AND IT IS SO ORDERED. Passed by the City Council on I st reading this day of Passed by the City Council on 2nd reading this day of 2010. 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 3 EXHIBIT A Annexation Tract PAA1 (Page 1 of 2) BEGINNING at point at the northwest corner of tract described in Ordinance 2006-205, and further described in said Ordinance as a 112 inch pin in the Center of Tom Cole Road (east-west road) and C. Wolfe Road from the south; THENCE South 88° 55' 44" East, along the present Denton city limit line as established by Ordinance 2006-205 and being the northerly line of the tract described in Ordinance 2006-205, a distance of 4,685.36 feet, generally with center of said Tom Cole Road to an "x" cut in a concrete bridge; THENCE continuing along the northerly line of the property described in Ordinance 2006-205, and further described in said Ordinance as North 89° 43' 13" East, a distance of 2,591.29 feet, generally with the center of said Tom Cole Road, to a point described in Ordinance 2006-205 as a 314 inch iron pin set at the northeast corner of the property described in Ordinance 2006-205, said point also being described in Ordinance 69-40 (Tract I) as the southeast corner of the David Davis Survey, Abstract 356; THENCE northerly along the easterly line of the said David Davis Survey, said line also being the westerly line of the Wm. Wilburn Survey, Abstract 1419, along the present Denton city limit line as established by Ordinance 1969-40 (Tract 1) a distance as described in Ordinance 69-40 as 2,642 feet to a point being the northeast corner of the said David Davis Survey; THENCE westerly, along the present Denton city limit line as established by Ordinance 1969-40 (Tract I) along the northerly line of the said David Davis Survey and described in Ordinance 69-40 as a distance of 341 feet to a point for corner, said point described in Ordinance 69-40 (Tract 1) as the southwest corner of the said Wm. Wilburn Survey; THENCE northerly along the present Denton city limit line as established by Ordinance 1969-40 (Tract 1) and along the westerly line of the said Wm. Wilburn Survey a distance of 1,853 feet to a point described in Ordinance 69-40 as the southeast corner of the M.H. Davis Survey, Abstract Number 377, and also described as the northeast corner of a tract of land conveyed to Malcolm M. Long by deed recorded in Volume 389, Page 389 of the Deed Records of Denton County, Texas, said point also being the southeast corner of an City of Denton annexation tract established and described by Ordinance 1983-90; THENCE South 89° 28' 15" West, along the present Denton city limit line as established by Ordinance 1983-90 a distance of 2,359.92 feet (as described in Ordinance 83-90) to a point for a corner; THENCE North 00° 05' 54" West, along the present Denton city limit line as established by Ordinance 1983-90, a distance of 600.48 feet (as described in Ordinance 83-90) to a point for a corner; Annexation Tract PAA1 (Page 2 of 2) THENCE West, along the present Denton city limit line as established by Ordinance 1983-90, a distance of 675.60 feet (as described in Ordinance 83-90) to a point for a corner lying in the middle of Hickory Creek; THENCE North, along the present Denton city limit line as established by Ordinance 1983-90, and along the middle of Hickory Creek with its meanders to the center of Jim Christal Road (as described in Ordinance 83-90) to a point for a corner, said point also lying on the south line of a City of Denton annexation tract established and described by Ordinance 1986-48; THENCE North 89° 55' 00" West with said Jim Christal Road, along the present Denton city limit line as established by Ordinance 1886-48, also being the southerly line of the E.A. Orr Survey, Abstract Number 983, a distance of 3,435 feet to a point for a corner, said point being the southwest corner of said Ordinance 1986-48 annexation tract; THENCE South a distance of 30 feet to a point in the south right-of-way line of Jim Christal Road; THENCE West, along the south right-of-way line of Jim Christal Road a distance of 475 feet to a point for corner, said point being the intersection of the south right-of-way of Jim ChristaI Road and the east right-of-way line of C. Wolfe Road; THENCE in a southerly direction, along courses and distances of the easterly implied right-of-way line of C. Wolfe Road, a total distance of 7,875 to a point for comer, said point being the intersection of the east right-of-way line of C. Wolfe Road and the north right-of-way line of Tom Cole Road; THENCE East, along the north right-of-way line of Tom Cole Road a distance of 500 feet to a point for comer; THENCE South, crossing Tom Cole Road midway, a distance of 25 feet to the POINT OF BEGINNING and containing 1,152 acres of land. EXHIBIT B C., °I Tom Cole City of Denton, Texas PAA1 -'1,'158 Acres ~~FREESE NICHOLS N WE S Feet 0 500 1,000 2,000 3,000 EXHIBIT C S:1Dur W cumentslMiscellmeaus1101AnnexaR®slexhi5it c - pu l.do PAA1 - Exhibit "C" 1. Being 14.50 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated February 18, 2004 from Phillip E. Crombie and Desiree A. Crombie to Leslie Buell, filed for record on February 23, 2004 and recorded in Instrument Number 2004-22281 of the Real Property Records of Denton County, Texas. Said 14.50 acres of land, more or less, is commonly known as DCAD Property ID 170982. 2. Being 12.611 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887 and the Gibson Myers Survey, Abstract No. 843, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 29, 1997 from Andrew J. Strickland and wife, Terry L. Strickland to Deborah June Cottle and Jon Michael King, filed for record on June 2, 1997 and recorded in Instrument Number 97-R0036121 of the Real Property Records of Denton County, Texas. Said 12.611 acres of land, more or less, is commonly known as DCAD Property ID 173419. 3. Being 5.433 acres of land, more or less, situated in the David Davis Survey, Abstract No. 356, Denton County, Texas, and being more fully described in that certain General Warranty Deed dated July 9, 1999 from Lae, Warren, Rosenfield, Kaitcher & Hibbs, P.C. to Henry L. Evans, Jr., filed for record on July 26, 1999 and recorded in Volume 4388, Page 22 of the Real Property Records of Denton County, Texas. Said 5.433 acres of land, more or less, is commonly known as DCAD Property ID 164577. 4. Being 159.513 acres of land, more or less, situated in the David Davis Survey, Abstract No. 356, Denton County, Texas, and being more fully described in that certain Warranty Deed dated April 20, 1990 from Polygon Enterprises, Inc. to First Interstate Bank of Fort Worth, N. A., Trustee, filed for record on April 30, 1990 and recorded in Volume 2771, Page 452 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 17.2878 acres of land, more or less, situated in the David Davis Survey, Abstract No. 356, Denton County, Texas, and being more fully described in that certain Warranty Deed dated February 11, 1992 from First Interstate Bank of Fort Worth, N. A., Trustee of the Billie Gregory IRA Rollover to Loe, Warren, Rosenfield, Catterton & Knitter, P.C., filed for record on March 4, 1992 and recorded in Volume 3171, Page 417 of the Real Property Records of Denton County, Texas. The remaining 142.2252 acres of land, more or less, is commonly known as DCAD Property ID 36643. 5. Being 6.205 acres of land, more or less, situated in the David Davis Survey, Abstract No. 356, Denton County, Texas, and being more fully described in that certain Warranty Page I SAO- OocumeolS~Miscc4aneou~lOVwnexpd-0nskxhibit c -pul.d- Deed dated April 20, 1990 from Polygon Enterprises, Inc. to Billie Gregory, filed for record on April 30, 1990 and recorded in Volume 2771, Page 448 of the Real Property Records of Denton County, Texas. Said 6.205 acres of land, more or less, is commonly known as DCAD Property ID 160701. 6. Being 5.000 acres of land, more or less, situated in the Samuel C. Wright Survey, Abstract No. 1366, Denton County, Texas, and being more fully described in that certain Warranty Deed dated April 24, 1975 from W.T. Hall, Jr. and wife, Dorothy R. Hall to Jack B. Hall and Cynthia A. Hall, filed for record on April 30, 1975 and recorded in Volume 743, Page 92 of the Real Property Records of Denton County, Texas. Said 5.000 acres of land, more or less, is commonly known as DCAD Property ID 64431. 7. Being 5.00 acres of land, more or less, situated in the Samuel C. Wright Survey, Abstract No. 1366, Denton County, Texas, with an undivided one-half (1/2) interest being conveyed and described in that certain Warranty Deed dated March 8, 2001 from Dorothy Hall to Thomas Kent Hall and Penny Yvonne Hall, filed for record on March 13, 2001 and recorded in Volume 4793, Page 2236 of the Real Property Records of Denton County, Texas; and the other undivided one-half (1/2) interest in the said 5.00 acre tract of land, more or less, being conveyed to Thomas Kent Hall and Penny Yvonne Hall and described in that certain Deed dated August 15, 2006 from Dorothy B. Hall, as Successor Trustee of the William T. Hall, Jr. and Dorothy B. Hall Revocable Hall Revocable Living Trust under Trust Agreement dated March 7, 1994, filed August 16, 2006 and recorded in Instrument No. 2006-100817 of the Real Property Records of Denton County, Texas. Said 5.00 acres of land, more or less, is commonly known as DCAD Property ID 232464. 8. Being 5.000 acres of land, more or less, situated in the Samuel C. Wright Survey, Abstract No. 1366, Denton County, Texas, and being more fully described in that certain Warranty Deed from William T. Hall, Jr. and wife, Dorothy Rose Hall to William T. Hall, III and wife, Cynthia J. Hall, filed for record on February 16, 1977 and recorded in Volume 822, Page 729 of the Real Property Records of Denton County, Texas. Said 5.000 acres of land, more or less, is commonly known as DCAD Property ID 64432. 9. Being 160 acres of land, more or less, situated in the Samuel C. Wright Survey, Abstract No. 1366, Denton County, Texas, and being more fully described in that certain Assumption Warranty Deed dated March 10, 1953 from W.T. Hall, Sr. and wife, Mamie Hall to W.T. Hall, Jr. and wife, Dorothy Hall, filed for record on March 28, 1953 and recorded in Volume 386, Page 114 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: A 5.000 acre tract of land, more or less, situated in the Samuel C. Wright Survey, Abstract No. 1366, Denton County, Texas, and being more fully described in that certain Warranty Deed dated April 24, 1975 from W.T. Hall, Jr. and wife, Dorothy R. Hall to Jack B. Hall and Cynthia A. Hall, filed for record on April 30, 1975 and recorded in Volume 743, Page 92 of the Page 2 S~ Oar DocwuentslMiscellancous1101Aonexa[ionslcxhihil c -paal.do Real Property Records of Denton County, Texas. Said 5.00 acres of land, more or less, is commonly known as DCAD Property ID 64431. Additionally SAVE & EXCEPT: A 5.000 acre tract of land, more or less, situated in the Samuel C. Wright Survey, Abstract No. 1366, Denton County, Texas, and being more fully described in that certain Warranty Deed from William T. Hall, Jr. and wife, Dorothy Rose Hall to William T. Hall, III and wife, Cynthia J. Hall, filed for record on February 16, 1977 and recorded in Volume 822, Page 729 of the Real Property Records of Denton County, Texas. Said 5.00 acres of land, more or less, is commonly known as DCAD Property ID 64432. Additionally SAVE & EXCEPT: A 5.00 acre tract of land, more or less, situated in the Samuel C. Wright Survey, Abstract No. 1366, Denton County, Texas, with an undivided one-half (%2) interest being conveyed and described in that certain Warranty Deed dated March 8, 2001 from Dorothy Hall to Thomas Kent Hall and Penny Yvonne Hall, filed for record on March 13, 2001 and recorded in Volume 4793, Page 2236 of the Real Property Records of Denton County, Texas; and the other undivided one-half (I/2) interest in the said 5.00 acre tract of land, more or less, being conveyed to Thomas Kent Hall and Penny Yvonne Hall and described in that certain. Deed dated August 15, 2006 from Dorothy B. Hall, as Successor Trustee of the William T. Hall, Jr. and Dorothy B. Hall Revocable Hall Revocable Living Trust under Trust Agreement dated March 7, 1994, filed August 16, 2006 and recorded in Instrument No. 2006-100817 of the Real Property Records of Denton County, Texas. Said 5.00 acres of land, more or less, is commonly known as DCAD Property ID 232464. Additionally SAVE & EXCEPT: A 5.00 acre tract of land, more or less, situated in the S. C. Wright Survey, Abstract No. 1366, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 31, 2006 from Dorothy B. Hall, Trustee of the W.T. Hall, Jr. Share B Trust and Dorothy B. Hall, Individually to Janet Hall, filed for record on November 2, 2006 and recorded in Instrument Number 2006-135298 of the Real Property Records of Denton County, Texas. Said 5.00 acres of land, more or less, is commonly known as DCAD Property ID 304420. The remainder of the 160 acres of land, more or less, and less that portion lying in roads, is commonly known as DCAD Property ID 64425. 10. Being 5.000 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 28, 1988 from Nettie Belle (Betty) Foster, Jessie (Jackie) Havenhill, M. T. Klein, Jr. and Betty K. Norman to W. T. Hall, Jr., filed for record on November 29, 1988 and recorded in Volume 2492, Page 460 of the Real Property Records of Denton County, Texas. Said 5.000 acres of land, more or less, is commonly known as DCAD Property ID 155005. Page 3 SAOur ➢ncumenls\Misce3lau ©us5to5Annexauons5cxltibit c - pml.da 11. Being 115 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, and being more fully described in that certain Warranty Deed dated March 7, 1949 from L.L. Higgs and wife, Effie Higgs to W.T. Hall and wife, Mamie Hall, filed for record on March 8, 1949 and recorded in Volume 349, Page 546 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 1.0 acre of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton. County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated July 7, 1986 from William T. Hall, Jr. and wife, Dorothy Hall to Richard S. Rafes and wife, Tommye Lou Rafes, filed for record on July 9, 1986 and recorded in Volume 1926, Page 954 of the Real Property Records of Denton County, Texas. Said 1.0 acre of land, more or less is commonly known as DCAD Property ID 131514. Additionally SAVE & EXCEPT: 5.000 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 28, 1988 from Nettie Belle (Betty) Foster, Jessie (Jackie) Havenhill, M. T. Klein, Jr. and Betty K. Norman to W. T. Hall, Jr., filed for record on November 29, 1988 and recorded in Volume 2492, Page 460 of the Real Property Records of Denton County, Texas. Said 5.000 acres of land, more or less is commonly known as DCAD Property ID 15505. Additionally SAVE & EXCEPT: 42.41 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, and being more fully described in that certain Warranty Deed dated February 2, 1996 from William T. Hall, Jr. and wife, Dorothy B. Hall to North Texas Research institute, filed for record on February 13, 1996 and recorded in Instrument Number 96-R0009769 of the Real Property Records of Denton County, Texas. Said 42.41 acres of land, more or less, is commonly known as DCAD Property ID 184755. The remaining 66.59 acres of land, more or less, is commonly known as DCAD Property ID 36641. 12. Being 10.000 acres of land, more or less, situated in the Gibson Myers Survey, Abstract No. 843 and the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 24, 1994 from Eagle Farms, Inc. and John Porter Auto Sales, Inc. to Joe Bruton. Harris and wife, Jean Ann Harris, filed for record on June 8, 1994 and recorded in Instrument Number 94-R0046325 of the Real Property Records of Denton County, Texas. Said 10.000 acres of land, more or less, is commonly known as DCAD Property ID 173423. 13. Being 25.00 acres of land, more or less, situated in the Gibson Myers Survey, Abstract No. 843 and the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being Page 4 S:40ur pacmueusSMiscellmeoos5loL4nnexatianslexLi6i[ c - pel.dm more fully described in that certain Warranty Deed dated February 18, 1997 from Mark Gardner and wife, Marilyn Gardner to Michael P. Pritchard and wife, Tammy D. Pritchard, filed for record on February 19, 1997 and recorded in Instrument Number 97- R0010658 of the Real Property Records of Denton County, Texas. Said 25.00 acres of land, more or less, is commonly known as DCAD Property ID 168338 and DCAD Property ID 168336, respectively. 14. Being 10.00 acres of land, more or less, situated in the Gibson Myers Survey, Abstract No. 843 and the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more filly described in that certain Warranty Deed with Vendor's Lien dated May 10, 1994 from Eagle Farms, Inc. and John Porter Auto Sales, Inc. to Bruce Putnam and wife, Donna Putnam, filed for record on May 17, 1994 and recorded in Instrument Number 94- R0040313 of the Real Property Records of Denton County, Texas. Said 10.000 acres of land, more or less, is commonly known as DCAD Property ID 174339. 15. Being 9.14 acres of land, more or less, situated in the I. McCormick Survey, Abstract No. 955, Denton County, Texas, and being more fully described in that certain Quit Claim Deed dated March 20, 2008 from Eagle Oil & Gas Co. to Bert Yarbrough and Betty Yarbrough Schluter, filed for record on March 28, 2008 and recorded in Instrument Number 2008-57703 of the Real Property Records of Denton County, Texas. Said 9.14 acres of land, more or less, is commonly known as DCAD Property ID 36699. 16. Being the South one-half (1/2) of a 150.89 acre tract of land, more or less, situated in the Isaac McCormick Survey, Abstract No. 955, Denton County, Texas, described in that certain Warranty Deed dated January 3, 1966 from Walter B. (Bud) Wolf; Grace Yarbrough and husband, M.C. Yarbrough, Jr.; and Mabel Dickey and husband, G.C. Dickey, filed for record on January 25, 1966 and recorded in Volume 533, Page 544 of the Real Property Records of Denton County, Texas. Said South one-half (1/2) of the 150.89 acre tract of land, more or less, is commonly known as DCAD Property ID 36702. 17. Being the North one-half (1/2) of the 150.89 acre tract of land, more or less, situated in the Isaac McCormick Survey, Abstract No. 955, Denton County, Texas, described in Tract 2 of that certain Settlement Agreement dated September 12, 2000 by and between Jeraldine Covington, as Personal Representative of the Estate of Mabel W. Dickey, Deceased, Jeraldine Covington, James Covington, Bert E. Yarbrough and Betty Schluter, filed for record on September 12, 2001 and recorded in Volume 4920, Page 3183 of the Real Property Records of Denton County, Texas. Said North one-half (1/2) of the 150.89 acre tract of land, more or less, is commonly known as DCAD Property ID 36705. 18. Being 152 acres of land, more or less, situated in the Ann E. Mays Survey, Abstract No. 844, Denton County, Texas, described in Tract 1 of that certain. Settlement Agreement dated September 12, 2000 by and between Jeraldine Covington, as Personal Representative of the Estate of Mabel W. Dickey, Deceased, Jeraldine Covington., James Covington, Bert E. Yarbrough and Betty Schluter, filed for record on September 12, 2001 and recorded in Volume 4920, Page 3183 of the Real Property Records of Denton Page 5 SAOur DwumwtsllvfisceIlmmuy\10',A n adom\txhibir c-pml.dpc County, Texas. Said 152 acres of land, more or less, is commonly known as DCAD Property ID 37080 and DCAD Property ID 37077, respectively. 19. Being a called 132.433 acre tract of land, more or less, situated in the John Wright Survey, Abstract No. 1365 and the David Davis Survey Abstract No. 356, Denton County, Texas, and being more fully described in that certain Special Warranty Deed with Vendor's Lien dated April 29, 1993 from Tarrant Bank to Joe Don Womack, filed for record on May 4, 1993 and recorded in Instrument Number 93-R0026909 of the Real Property Records of Denton County, Texas. Said 132.433 acre tract of land, more or less, is commonly known as DCAD Property ID 36709 and DCAD Property ID 36638, respectively. 20. Being 10.00 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated September 3, 1997, to be effective September 5, 1007, from Lamar M. Lex and wife, Angela Lex to Brian. Zimmerman and wife, Cynthia Zimmerman, filed for record on September 5, 1997 and recorded in Tustrument Number 97-R0062116 of the Real Property Records of Denton County, Texas. Said 10.00 acres of land, more or less, is commonly known as DCAD Property ID 173432 and DCAD Property ID 173433, respectively. 21. Being 15.00 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887 and the Gibson Myers Survey, Abstract No_ 843, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated November 11, 1993 from Eagle Farms, Inc. to Gary Wiley and wife, Tamara Wiley, filed for record on November 24, 1993 and recorded in Instrument Number 93-R0085412 of the Real Property Records of Denton County, Texas. Said 15.00 acres of land, more or less, is commonly known as DCAD Property ID 170983 and DCAD Property ID 170981, respectively. Note: See the certified copy of the Final Decree of Divorce in the Matter of the Marriage of Tamara Sue Wiley and Gary Wayne Wiley, Cause No. 2001-10228- 16, filed for record on June 25, 2001 and recorded in Volume 4865, Page 3034 of the Real Property Records of Denton County, Texas. 22. Being 10.036 acres of land, more or less, situated in the Gibson Myers Survey, Abstract No. 843 and the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 4, 1994 from Eagle Farms, Inc. and John Porter Auto Sales, Inc. to Charles L. Gregory and wife, Mary R. Gregory, filed for record on May 11, 1994 and recorded in Instrument Number 94-R0038707 of the Real Property Records of Denton County, Texas. Said 10.036 acres of land, more or less, is commonly known as DCAD Property ID 173418. 23. Being 5.136 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887 and the Gibson Myers Survey, Abstract No. 843, Denton County, Texas, and being Page 6 5'10ot DomwncEbV7Iiacell~klOVA xatiousye bitc - pmi.dac more fully described in that certain Warranty Deed with Vendor's Lien dated August 6, 2001 from Delbert H. Wiley and Ruth A. Wiley to Norberto Ruiz, Maria de Jesus A. Ruiz, Jose Alfredo Pena and Silvia Ruiz Pena, filed for record on August 9, 2001 and recorded in Volume 4897, Page 2123 of the Real Property Records of Denton County, Texas. Said 5.136 acres of land, more or less, is commonly known as DCAD Property ID 36651 and DCAD Property ID 301899. SAVE & EXCEPT: A 2.567 acre tract of land, more or less, situated in the Gibson Meyers Survey, Abstract No. 843, Denton County, Texas, and being more fully described in that certain Warranty Deed dated June 15, 2006 from Norberto Ruiz and Maria De Jesus A. Ruiz, husband and wife to Jose Alfredo Pena and Silvia Ruiz Pena, husband and wife, filed for record on June 16, 2006 and recorded in Instrument No. 2006-72743 of the Real Property Records of Denton County, Texas. Said 2.567 acres of land, more or less, is commonly known as DCAD Property ID 301899. 24. Being Lot 1, Block A, Williamson Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet L, Slide 278 of the Plat Records of Denton County, Texas, and conveyed in that certain Warranty Deed with Vendor's Lien dated March 3, 1999 from Jeffrey R. Goff and Mary Amanda Goff to Joey Wayne Hurst a/k/a Joey Hurst and Daphne D. Hurst, filed for record on March 4, 1999 and recorded in Volume 4289, Page 2139 of the Real Property Records of Denton County, Texas. Said Lot 1, Block A, Williamson Estates is commonly known as DCAD Property ID 173015. 25. Being 30.000 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 3, 1994 from Eagle Farms, Inc., and John Porter Auto Sales, Inc. to Joey Hurst and Daphne Hurst, filed for record on May 5, 1994 and recorded in Instrument Number 94-R0036941 of the Real Property Records of Denton County, Texas. Said 30.000 acres of land, more or less, is commonly known as DCAD Property ID 173429. 26. Being 2.567 acres of land, more or less, situated in the Gibson Meyers Survey, Abstract No. 843, Denton County, Texas, and being more fully described in that certain Warranty Deed dated June 15, 2006 from Norberto Ruiz and Maria De Jesus A. Ruiz, husband and wife to Jose Alfredo Pena and Silvia Ruiz Pena, husband and wife, filed for record on June 16, 2006 and recorded in Instrument No. 2006-72743 of the Real Property Records of Denton County, Texas. Said 2.567 acres of land, more or less, is commonly known as DCAD Property ID 301899. 27. Being 6.000 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 11, 2004 from Charles Howell and wife, Kami Howell to Patrick J. C De Baca and wife, Laura C De Baca, filed for record on May 28, Page 7 S:Cw Da:umemsSMiacelEanwusllOlAUtce ansl~chibil4-paal.dx 2004 and recorded in Instrument Number 2004-70011 of the Real Property Records of Denton County, Texas. Said 6.000 acres of land, more or less, is commonly known as DCAD Property ID 179482. Page 8 EXHIBIT D CITY OF DENTON SERVICE PLAN 2010 Annexation 1. AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division I and are identified as PAA1, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13 and DH-14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. H. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: 1. Fire suppression and rescue; 2. Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 5. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emergency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre-arrival First Aid instructions; 2. Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at. a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAAI, PAA4, DH-I, DH-2, DH-3, DH-4, DH-5, DH-b, DH-8, DH-10, DH-11, DH-13, and DH-14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate.of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CIP and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks, Playgrounds, Swimming Pools 4 Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. 1. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. I Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. M. UNIFORM LEVEL OF SERVICES IS NOT RE UIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. s:lour documentslardinances1101paa2 annexing parcel.doc ORDINANCE NO. AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS PAA2 SOUTH OF APPROXIMATELY 1,472 ACRES (LESS THOSE PARCELS IDENTIFIED IN EXHIBIT "C") LOCATED ON THE SOUTH SIDE OF FM 1173, NORTH OF W. UNIVERSITY DRIVE, WEST OF I-35, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, AND WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE; EXCLUDING PROPERTIES WITHIN PAA2 SOUTH SUBJECT TO NON-ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE FROM THE ANNEXATION; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan; and WHEREAS, this annexation is under the annexation procedures for areas exempted from an annexation plan pursuant to Tex. Loc. Gov't Code section 43.052(h); and WHEREAS, the Denton City Council finds that there are fewer than 100 separate tracts of land on which one or more residential dwellings are located on the PA .2 South tract in the area to be annexed; and WHEREAS, the Denton City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan as it is now written, or as it may be modified by the City from time to time; and WHEREAS, all required notices, including written notice of intent to annex said area to each property owner, each public entity and each railroad company within said area as required by Section 43.062, Subchapter C-1, Local Government Code, and all public hearings and requirements for such annexation have been had in accordance with applicable law; and WHEREAS, the City has prepared a service plan for the area to be annexed in accordance with Tex. Loc. Gov't Code section 43.056 providing for full municipal services to such area, which service plan was made available to the public and explained at the scheduled public hearings; and WHEREAS, offers of non-annexation development agreements have been made to the owners of all eligible properties within the area to be annexed pursuant to this Ordinance, which properties have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland as required by Section 43.035, Subchapter B, Local Government Code; and scour documentslordinances1101paa2 annexing parcel-doe WHEREAS, the City Council, by prior action, has approved certain non-annexation agreements executed by eligible property owners within PAA2 South; and WHEREAS, the City desires to affirm that structures, uses and facilities pre-existing in areas annexed under this Ordinance, or in areas subject to non-annexation agreements within PAA2 South approved by prior action, shall be subject to the protections and limitations imposed by §43.002 of the Texas Local Government Code, as well as those protections afforded by Subchapter 11 of the Denton Development Code, to the extent it is applicable; and WHEREAS, under the previously approved non-annexation agreements between an eligible property owner and the City, the lands subject to the agreements retain their extraterritorial status and the owners of such lands must abide by the City's development regulations as if such lands were within the City limits, as provided further in such agreement; and WHEREAS, the land which is adjacent or contiguous to an area subject to a non- annexation agreement is considered adjacent or contiguous to the City for purposes of annexation; and WHEREAS, the City Council of the City of Denton deems it to be in the best interests of the citizens of the City of Denton to annex said territory into the City of Denton, save and except those properties subject to prior approved non-annexation agreements within PAA2 South; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as PAA2 South, as described in Exhibit "A", attached hereto and incorporated herein, and as depicted in Exhibit "B," attached hereto and incorporated herein (except that if there is conflict between the Exhibits, "A" shall control), save and except for those properties described in Exhibit "C", which are subject to certain non-annexation agreements, executed by property owners within PAA2 South and previously approved by the City, due to their use for agricultural, wildlife management or timberland purposes as described in Section 43.035, Subchapter B, Local Government Code, is hereby ANNEXED to and included within the corporate limits of the City of Denton, Texas. SECTION 3. A service plan prepared in accordance with applicable provisions of state law pertaining to annexation is attached hereto as Exhibit "D" and made a part hereof for all intents and purposes. SECTION 4. The City Manager is hereby authorized and directed to immediately correct the map of the City of Denton by adding thereto the additional territory annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance, and the ETJ resulting from such boundary extensions. Page 2 scour documentslordinances1101paa2 annexing parcel.doc SECTION 5. This Ordinance shall be become effective upon final passage by the City Council. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. Nothing herein should be deemed to repudiate any earlier action by the City relating to approval of any non-annexation agreement associated with properties contained within PAA2 South. AND IT IS SO ORDERED. Passed by the City Council on 1" reading this day of , 2010. Passed by the City Council on 2nd reading this day of 92010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ,J f J Page 3 EXHIBIT A Annexation Tract PAA2 (Page 1 of 5) BEGINNING at point on the present Denton city limit line, being the northwest corner of a tract described in annexation Ordinance 2007-268, and further described in said ordinance as a right-of-way marker post for a corner in the south line of Farm-to-Market 1173 and in the east line of the Gulf, Colorado and Santa Fe Railroad Company right-of- way; THENCE South 22° 46' 21" East, along the present Denton city limit line as established and described in Ordinance 2007-268 and along the east line of the Gulf, Colorado and Santa Fe Railroad Company right-of-way a distance of 1,860.04 feet to a point for a corner, said point being the southwest corner of the tract described in said Ordinance 2007-268; THENCE South 88° 58' 01" East along the present Denton city limit line as established, described and depicted in Ordinance 2007-268 (Exhibit A and Exhibit A-3 therein) a total distance of 3,411 feet to a point for a corner, said point being the southeast corner of the tract depicted in Ordinance 2007-268 (Exhibit A-3) and said point also lying on the a westerly line of a City of Denton annexation tract established and described in Ordinance 1969-40 (Tract VI); THENCE South 02° 57' East, parallel to and 500 feet west of the center line of Interstate Highway 35, same being the present Denton city limit line established and described in Ordinance 1969-40 (Tract VI), a distance of 1,103 feet to a point for corner, said point lying on the most northerly north line of a City of Denton annexation tract described in Ordinance 1965-43 (Tract V); THENCE West along the present Denton city limit line as established and described in Ordinance 1965-43 (Tract V) a distance of 244 feet to a point for a corner, said point being the most northerly northwest of said City of Denton annexation tract established and described in Ordinance 1965-43 (Tract V); THENCE South along the present Denton city limit line as established and described in Ordinance 1965-43 (Tract V), being 600 feet from and parallel with the West right-of- way line of Interstate Highway 35, a distance of 1,860 feet to a point for a corner, said point being the northeast corner of a City of Denton annexation tract established and described in Ordinance 1985-31; THENCE North 89° 5 P 30" West along the present Denton city limit line as established and described in Ordinance 1985-31 a distance of 1,961.87 feet to a point for a corner; THENCE South 00° 54' 39" East continuing along the present Denton city limit line as established and described in Ordinance 1985-31 a distance of 1,165.47 feet to a point for a corner; Annexation Tract PAA2 (Page 2 of 5) THENCE Southeasterly continuing along the present Denton city limit line as established and described in Ordinance 1985-31 and along a curve to the left on the east right-of-way line of the A T & S R Railroad an arc distance of 1,324.91 feet as described in Ordinance 85-31 to a point for corner; THENCE Southeasterly continuing along the present Denton city limit line as established and described in Ordinance 1985-31 and along a curve to the left on the east right-of-way line of the A T & S R Railroad an arc distance of 254.27 feet as described in Ordinance 85-31 to a point for corner; THENCE South 33° 02' East continuing along the present Denton city limit line as established and described in Ordinance 1985-31 and along the cast right-of-way line of the A T & S R Railroad distance of 94.68 feet, as described in Ordinance 85-31, to a point for corner, said point lying on the most westerly north line of a City of Denton annexation tract described in Ordinance 1965-43 (Tract V); THENCE West continuing along the present Denton city limit line as established and described in Ordinance 1965-43 (Tract V) a distance of 119.22 feet to a point for corner, said point being on the west right-of-way line of the A T & S R Railroad and being the most westerly northwest corner of said annexation tract described in Ordinance 1965-43 (Tract V); THENCE Southeasterly continuing along the present Denton city limit line as established and described in Ordinance 1965-43 (Tract V) and along the west right-of-way line of the A T & S R Railroad a distance of 490 feet to a point for corner, said point being the northeast corner of a City of Denton annexation tract established and described by Ordinance 1970-34; THENCE South 89° 09' West continuing along the present Denton city limit line as established and described in annexation Ordinance 1970-34 a distance of 2,612.8 feet to a point for corner, said point being the northwest corner of said tract described in annexation Ordinance 1970-34; THENCE South 00° 42' 30" East continuing along the present Denton city limit line as established and described in annexation Ordinance 1970-34 a distance of 2,680 feet to a point for comer, said point being the most westerly northeast corner of a City of Denton annexation tract established and described by Ordinance 1969.40 (Tract VII); THENCE North 88° 50' West continuing along the present Denton city limit line as established and described in annexation Ordinance 1969-40 (Tract VII) a distance of 1,478 feet to a point for corner, said point being the most southerly southeast corner of a City of Denton annexation tract established and described by Ordinance 2006-364 and also lying on the east line of Masch Branch Road; Annexation Tract PAA2 (Page 3 of 5) THENCE North continuing along the present Denton city limit line as established and described in annexation Ordinance 2006-364 and along the east line of Masch Branch Road a distance of 2,603 feet to a point for corner, said point being the northeast corner of said Ordinance 2006-364 annexation tract; THENCE North 89° 48' 00" West continuing along the present Denton city limit line as established and described in annexation Ordinance 2006-364 a distance of 50 feet to the west right-of-way line of Masch Branch Road to a point for corner, said point also being the southeast corner of a City of Denton annexation tract established and described by Ordinance 2007-76; THENCE North continuing along the present Denton city limit line as established and described in annexation Ordinance 2007-76 and along the west right-of-way line of Masch Branch Road a distance of 835.54 feet to a point for corner; THENCE North 441 57' 37" West continuing along the present Denton city limit line as established and described in annexation Ordinance 2007-76 and along a right-of-way flare of Masch Branch Road a distance of 70.76 feet to a point for corner; THENCE North 89° 55' 14" West continuing along the present Denton city limit line as established and described in annexation Ordinance 2007-76 and along the south right-of- way line of Masch Branch Road a distance of 854.47 feet to a point for corner; THENCE South continuing along the present Denton city limit line as established and described in annexation Ordinance 2007-76 a distance of 883.64 feet to a point for corner, said point being the northwest corner of a City of Denton annexation tract established and described by Ordinance 2006-364; THENCE South continuing along the present Denton city limit line as established and described in annexation Ordinance 2006-364 a distance of 1,371.66 feet to a point for corner, said point being the southwest corner of a City of Denton annexation tract established and described by Ordinance 2006-364 and also lying on the north line of a City of Denton annexation tract established and described by Ordinance 1986-23; THENCE South 89° 02' 33" West continuing along the present Denton city limit line as established and described in annexation Ordinance 1986-23 a distance of 1,168 feet to a point for corner, said point being the northwest corner of said Ordinance 1986-23 annexation tract; THENCE South 00° 49' 16" East continuing along the present Denton city limit line as established and described in annexation Ordinance 1986-23 a distance of 969.60 feet to a point for corner, said point being the southwest corner of said Ordinance 1986-23 annexation tract and lying on the a northerly line of a City of Denton annexation tract established and described by Ordinance 74-36 (Tract V); Annexation Tract PAA2 (Page 4 of 5) THENCE North 88° 50' West continuing along the present Denton city limit line as established and described in annexation Ordinance 74-36 (Tract V) a distance of 1,905 feet to a point for corner, said point being on the west line of a 60.474 acre tract of land described in deed recorded under Instrument Number 2008-132154, Real Property Records, Denton County, Texas; THENCE North 2° 14' 50" East, along the west line of said 60.474 acre tract a distance of 923 feet to the northwest corner of the said 60.474 acre tract to a point for corner; THENCE South 87° 54' 20" East, along the north line of said 60.474 acre tract a distance of 507 feet to a point for corner, said point being the southwest corner of a 40.24 acre tract of land described in deed recorded under Instrument Number 2003-207507, Real Property Records, Denton County, Texas ; THENCE North 00° 20' 00" West along the west line of said 40.24 acre tract a distance of 2,280.05 feet to a point at the northwest corner of said tract and in the center of Masch Branch Road; THENCE North a distance of 25 feet to a point for comer, said point being the intersection of the implied east right-of-way line of a north/south section of Masch Branch Road and the implied north right-of-way line of an east/section of Masch Branch Road; THENCE northerly along the courses and distances of the implied east right-of-way line of Masch Branch Road a total distance of 5,545 feet to a point for corner, said point being on the southwest corner of a 4.998 acre tract described in City of Denton Ordinance 2001-318 (Krum/Denton Mutual Boundary Agreement (Exhibit A (Tract 4))); THENCE South 89° 53' 33" East, along the present Krum/Denton Future Mutual Boundary Line referenced in City of Denton Ordinance 2001-318, a distance of 418.50 feet to a point for a corner; THENCE North 00° 16' 13" West, along the present Krum/Denton Future Mutual Boundary Line referenced in City of Denton Ordinance 2001-318, a distance of 520.80 feet to a point for corner, said point being the northeast corner of the property described in Ordinance 2001-318 (Exhibit A (Tract 4)) and the southeast corner of the property described in Ordinance 2001-318 (Exhibit A (Tract 3)); THENCE North 000 09' 01" West, along the present Krum/Denton Future Mutual Boundary Line referenced in City of Denton Ordinance 2001-318, a distance of 745.53 feet to a point for a corner, said point being the northeast corner of the property described in Ordinance 2001-318 (Exhibit A (Tract 3)) and located on the south right-of-way line of F.M. 1173; Annexation Tract PAA2 (Page S of S) THENCE easterly along course and distances of the south right.-of-way line of F.M. 1173, a total distance of 4,385 feet to the POINT OF BEGINNING and containing 1,480 acres of land. EXHIBIT 6 i F.M. 1173 City of Denton, Texas PAA2 -1,479 Acres FREESE rM WICHOLS N W *E S Feet 0 500 1,000 2,000 3,000 EXHIBIT C 5.40ur nacumenfs7Misce]]ancoua5la5Annexa4ionsleYhihit c -W-2-Aw PAA2 SOUTH - Exhibit "C" 1. Being 46.00 acres of land, more or less, situated in the William Bryan Survey, Abstract No. 148, Denton County, Texas, and more fully described in that certain Special Warranty Deed dated January 4, 1994 from Phillip Hale Cole and wife, Margaret Cole; Jack Donald Cole and wife, Nancy Jane Cole; and Cynthia Lou Cole to Phillip Hale Cole, Jack Donald Cole and Cynthia Cole, filed for record on January 10, 1994 and recorded in Instrument Number 94-R0002455 of the Real Property Records of Denton County, Texas. Said 46.00 acres of land, more or less, is commonly known as DCAD Property ID No. 36649. 2. Being Tract 21, Little Brook Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records of Denton County, Texas, containing 14947 acres of land, more or less, situated in the James Haney Survey, Abstract No. 515, Denton County, Texas, more fully described in that certain Warranty Deed with Vendor's Lien dated August 6, 1997 from Jimmy T. Simpson and Waunzita Simpson to Larry A. Green and Shirley N. Green, filed for record on August 13, 1997 and recorded in Instrument Number 97-R0055506 of the Real Property Records of Denton County, Texas. Said Tract 21, Little Brook Estates, is commonly known as DCAD Property ID 61103. 3. Being 95.584 acres of land, more or less, situated in the S. Huizar Survey, Abstract No. 514, Denton County, Texas, and being more fully described in that certain General Warranty Deed with Vendor's Lien dated December 12, 2003 from Tony A. Riley to John Karvouniaris, filed for record on December 30, 2003 and recorded in Instrument Number 2003-207512 of the Real Property Records of Denton County, Texas. Said 95.584 acres of land, more or less, is commonly known as DCAD Property ID No. 60817. 4. Being 40.24 acres of land, more or less, situated in the S. D. Huizar Survey, Abstract No. 514, Denton County, Texas, and being more fully described in that certain General Warranty Deed with Vendor's Lien dated December 12, 2003 from David M. Riley and wife, S. Lynn Riley to John Karvouniaris, filed for record on December 30, 2003 and recorded in Instrument Number 2003-207507 of the Real Property Records of Denton County, Texas. Said 40.24 acres of land, more or less, is commonly known as DCAD Property ID 60816 and DCAD Property ID 177285, respectively. 5. Being Tract 32, Little Brook Estates, Unit No. 2, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, and containing 15.00 acres of land, more or less, situated in the J. Haney Survey, Abstract No. 515, Denton County, Texas, and being more fully described in that certain Deed dated June 12, 1995 from the Veterans Land Board of the State of Texas to Joseph N. Liberto, filed for record on July 19, 1995 and recorded in Instrument Number 95-R0042515 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: Part of Tract 32, Little Brook Estates, Unit No. 2, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, and containing Page 1 SAOu Docomcnts'\MixcH~M1 Awmvoo'le bit c - P~2.doc 1.000 acre of land, more or less, situated in the J. Haney Survey, Abstract No. 515, Denton County, Texas, and being more fully described in that certain Correction Warranty Deed dated July 9, 1993 from Joseph N. Liberto and wife, Edna Nell Liberto to Timothy P. Liberto, filed for record on July 9, 1993 and recorded in Instrument Number 93-R0045427 of the Real Property Records of Denton County, Texas. Said part of Tract 32, Little Brook Estates, Unit No. 2, is commonly known as DCAD Property ID 169712. SAVE & EXCEPT: Part of Tract 32, Little Brook Estates, Unit No. 2, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, and containing 3.00 acres of land, more or less, situated in the J. Haney Survey, Abstract No. 515, Denton County, Texas, and being more fully described in that certain Warranty Deed dated November 27, 2000 from Joseph N. Liberto to 1173 Storage, Ltd. Co., filed for record on December 5, 2000 and recorded in Volume 4729, Page 2417 of the Real Property Records of Denton County, Texas. Said part of Tract 32, Little Brook Estates, Unit No. 2, is commonly known as DCAD Property ID 228152. SAVE & EXCEPT: Part of Tract 32, Little Brook Estates, Unit No. 2, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, and containing 1.444 acres of land, more or less, situated in the J. Haney Survey, Abstract No. 515, Denton County, Texas, and being more fully described in that certain Warranty Deed dated August 22, 2006 from Joseph N. Liberto to 1173 Storage, Ltd. Co., filed for record on September 18, 2006 and recorded in Instrument Number 2006-115343 of the Real Property Records of Denton County, Texas. Said part of Tract 32, Little Brook Estates, Unit No. 2, is commonly known as DCAD Property ID 303128. SAVE & EXCEPT: 0.136 acres of land, more or less, out of said Tract 32, Little Brook Estates, Unit No. 2, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, being more fully described in that certain Warranty Deed dated August 22, 2006 from Joseph N. Liberto to Timothy P. Liberto, filed for record on September 18, 2006 recorded in Instrument Number 2006-115344 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: Part of Tract 32, Little Brook Estates, Unit No. 2, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, and containing 0.529 acres of land, more or less, situated in the J. Haney Survey, Abstract No. 515, Denton County, Texas, and being more fully described in that certain General Warranty Deed dated January 7, 2010 from Joseph N. Liberto to Traci L. Liberto and Timothy P. Liberto, filed for record on January 8, 2010 and recorded in Instrument Number 2010-2166 of the Real Property Records of Denton County, Texas. Said part of Tract 32, Little Brook Estates, Unit No. 2, is commonly known as DCAD Property ID 334643. Page 2 5:10ur IJacumeNSttilisceli~eousl]01AnnexaROnslzdri6il c -p~.dac The remaining portion of Tract 32, Little Brook Estates, Unit No. 2, is commonly known as DCAD Property ID 61096. 6. Being 6.735 acres of land, more or less, situated in the R. Whitlock Survey, Abstract No. 1403, Denton County, Texas, and being more fully described in that certain General Warranty Deed dated July 8, 2005 from Austin Granville Baker III and wife, Sherrie L. Baker to Ann Wylie Martin, Trustee of the Ann Wylie Martin Living Trust, filed for record on July 18, 2005 and recorded in Instrument Number 2005-86688 of the Real Property Records of Denton County, Texas. Said 6.735 acres of land, more or less, is commonly known as DCAD Property ID 39161. 7. Being the East 12.00 acres, more or less, of Tract 10, Little Brook Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records of Denton County, Texas, situated in the James Haney Survey, Abstract No. 515, Denton County, Texas, and being more fully described in Tract III of that certain Special Warranty Deed with Encumbrance for Owelty of Partition dated May 19, 2008 from Sandra Sue Naus to Steven C. Naus, filed for record on June 10, 2008 and recorded in Instrument Number 2008-63618 of the Real Property Records of Denton County, Texas. Said East 12.00 acres, more or less, of Tract 10, Little Brook Estates, is commonly known as DCAD Property ID 61161. 8. Being the East part of Tract 30, Little Brook Estates, Unit No. 2, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, and containing 7.47 acres of land, more or less, situated in the J. Haney' Survey, Abstract No. 515, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated April 14, 2009 from Jess Elrod and Sheryl Elrod to Wolfgang Skledar and Astrid Skledar, filed for record on April 17, 2009 and recorded in Instrument Number 2009-45939 of the Real Property Records of Denton County, Texas. Said East part of Tract 30, Little Brook Estates, Unit No.2, is commonly known as DCAD Property ID 61196. 9. Being 15.000 acres of land, more or less, and being part of Tract 24 and all of Tract 25, Little Brook Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records of Denton County, Texas, situated in the James Haney Survey, Abstract No. 515, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated August 6, 2002 from Duane L. Coker, Dependent Administrator of the Estate of Carol Ann Helgerson, Deceased to Shawn S. Parr, filed for record on August 13, 2002 and recorded in Volume 5148, Page 3068 of the Real Property Records of Denton County, Texas. Said 15.000 acres of land, more or less, and being part of Tract 24 and all of Tract 25, Little Brook Estates, is commonly known as DCAD Property ID 244904 and DCAD Property ID 61113, respectively. 10. Being the West part of Tract 30, Little Brook Estates, Unit No. 2, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, and containing 7.5236 acres of land, more or less, situated in the James Haney Survey, Abstract No. 515, Denton County, Texas, and being Page 3 SAOur Docw¢e~s~.l+scetlsnea s5tOL4nnexaROnslexlubif c - pmld- more fully described in that certain Warranty Deed with Vendor's Lien dated January 23, 1986 from Benjamin Loyd Smith and wife, Siddle Smith to Loyd Ronald Smith and wife, Linda Dianne Smith, filed for record on February 10, 1986 and recorded in Volume 1818, Page 858 of the Real Property Records of Denton County, Texas. Said West part of Tract 30, Little Brook Estates, Unit No.2, is commonly known as DCAD Property ID 61200. 11. Being Tract 17, Little Brook Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records of Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated November 19, 1979 from F.T.B. Building Corporation to Douglas K. Taylor and wife, Patsy R. Taylor, filed for record on December 19, 1979 and recorded in Volume 992, Page 728 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: A 1.0 acre tract of land, more or less, described in Volume 1099, Page 113 of the Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly known as DCAD Property ID 78105. A 1.0 acre tract of land, more or less, described in Volume 1119, Page 492 of the Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly known as DCAD Property ID 78103. Those two 1.0 acre tracts of land, more or less, described in Volume 1124, Page 298 of the Real Property Records of Denton County, Texas. Said 2.0 acres, more or less, is commonly known as DCAD Property ID 78102. A 1.0 acre tract of land, more or less, described in Volume 1128, Page 994 of the Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly known as DCAD Property ID 78104. A 1.0 acre tract of land, more or less, described in Volume 1128, Page 998 of the Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly known as DCAD Property ID 78101. A 5.0 acre tract of land, more or less, described in Volume 1171, Page 409 of the Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly known as DCAD Property ID 78099. A 1.0 acre tract of land, more or less, described in Volume 4897, Page 4300 of the Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly known as DCAD Property ID 241409. 12. Being Tract 29, Little Brook Estates, Unit No.2, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, and being all of that lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated August 6, 1992 from Billy Jack Maupin Page 4 S:IQw Qua~mmsslMiscellaneansl105Anne~ationslexlu6it c - Paaduc and wife, Carolyn Maupin to William E. Watson Jr. and wife, Rose E. Watson, filed for record on August 10, 1992 and recorded in Volume 3295, Page 510 of the Real Property Records of Denton County, Texas. Said Tract 29, Little Brook Estates, Unit No.2, is commonly known as DCAD Property ID 61090. 13. Being a called 2.5885 acre tract of land, situated in the B.B.B. & C.R.R. Company Survey, Abstract No. 141, Denton County, Texas. Said 2.5885 acre tract of land being that portion lying within the borders of the B.B.B. & C.R.R. Company Survey, Abstract No. 141 and outside the city limits, of a called 13.071 acre tract of land described in Warranty Deed dated February 23, 1993 from Robert W. Harris to Richard A. Harris, Jr., filed for record on July 2, 1993 and recorded in Instrument Number 93-R00431 It of the Real Property Records of Denton County, Texas. Said 2.5885 acre tract of land, more or less, is commonly known as DCAD Property ID 168119. 14. Being a called 1.2763 acre tract of land, situated in the B.B.B. & C.R.R. Company Survey, Abstract No. 141, Denton County, Texas. Said 1.2763 acre tract of land being that portion lying within the borders of the B.B.B. & C.R.R. Company Survey, Abstract No. 141 and outside the city limits, of a called 7.937 acre tract of land described in that Warranty Deed dated February 23, 1993 from Richard A. Harris, Jr. to Robert W. Harris, filed for record on July 2, 1993 and recorded in Instrument Number 93-R0043112 of the Real Property Records of Denton County, Texas. Said 1.2763 acre tract of land, more or less, is commonly known as DCAD Property ID 168120. 15. Being 42.0965 acres of land, more or less, situated in the R. Whitlock Survey, Abstract No. 1403, Denton County, Texas, and being that portion lying within the borders of the R. Whitlock Survey, Abstract No. 1403, of a 96.5969 acre tract of land, more or less, described in Tract Two of that certain Warranty Deed dated February 23, 1993 from Richard A. Harris, Jr. and Robert W. Harris, Co-Independent Executors of the Estate of Richard A. Harris, Deceased to Richard A. Harris, Jr., Individually and Robert W. Harris, Individually, filed for record on July 2, 1993 and recorded in Instrument Number.93- R0043110 of the Real Property Records of Denton County, Texas. Said 42.0965 acres of land, more or less, being that portion lying East of the railroad of DCAD Property ID 39150. 16. Being 33.4035 acres of land, more or less, situated in the R. Whitlock Survey, Abstract No. 1403, Denton County, Texas, and being more fully described in Tract One of that certain Warranty Deed dated February 23, 1993 from Richard A. Harris, Jr. and Robert W. Harris, Co-Independent Executors of the Estate of Richard A. Harris, Deceased to Richard A. Harris, Jr., Individually and Robert W. Harris, Individually, filed for record on July 2, 1993 and recorded in Instrument Number 93-R0043110 of the Real Property Records of Denton County, Texas. Said 33.4035 acres of land, more or less, being that portion lying West of the railroad of DCAD Property ID 39150. 17. Being 37.3243 acres of land, more or less, situated in the R. Whitlock Survey, Abstract No. 1403, Denton County, Texas, and being that portion lying within the borders of the R. Whitlock Survey, Abstract No. 1403, of a called 129.507 acre tract described in the First Tract of that certain Warranty Deed dated January 21, 1980 from Richard A. Harris to Cornelia C. Harris, filed for record on February 5, 1980 and recorded in Volume 999, Page 5 SAO. ~acwcenslhtisallaneaus~l0U1n¢exatiouslcdv6St c - p-2 d- Page 464 of the Real Property Records of Denton County, Texas. Said 37.3243 acres of land, more or less, being that portion lying East of the railroad of DCAD Property ID 39147. 18. Being a 21.8257 acre tract of land, more or less, situated in the R. Whitlock Survey, Abstract No. 1403, Denton County, Texas, more fully described in the Second Tract of that certain Warranty Deed dated January 21, 1980 from Richard A. Harris to Cornelia C. Harris, filed for record on February 5, 1980 and recorded in Volume 999, Page 464 of the Real Property Records of Denton County, Texas. Said 21.8257 acre tract of land, more or less, being that portion lying West of the railroad of DCAD Property ID 39147. 19. Being a called 31.2352 acre tract of land, more or less, situated in the B.B.B. & C.R.R. Company Survey, Abstract No. 141, Denton County, Texas. Said 31.2352 acre tract being that portion lying within the borders of the B.B.B. & C.R.R. Company Survey, Abstract No. 141 and outside of the city limits, of a called 96.5969 acre tract of land described in Tract Two of that certain Warranty Deed dated February 23, 1993 from Richard A. Harris, Jr. and Robert W. Harris, Co-Independent Executors of the Estate of Richard A. Harris, Deceased to Richard A. Harris, Jr., Individually and Robert W. Harris, Individually, filed for record on July 2, 1993 and recorded in Instrument Number 93- R0043110 of the Real Property Records of Denton County, Texas. Said 31.2352 acre tract of land, more or less, is commonly known as DCAD Property ID 36979. SAVE & EXCEPT: A portion of a called 13.071 acre tract of land, situated in the B.B.B. & C.R.R. Company Survey, Abstract No. 141 and the N. Wade Survey, Abstract No. 1407, Denton County, Texas, and being more fully described in that certain Warranty Deed dated February 23, 1993 from Robert W. Harris to Richard A. Harris, Jr., filed for record on July 2, 1993 and recorded in Instrument Number 93-R0043111 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: A portion of a called 7.937 acre tract of land, situated in the B.B.B. & C.R.R. Company Survey, Abstract No. 141 and the N. Wade Survey, Abstract No. 1407, Denton County, Texas, and being more fully described in that certain Warranty Deed dated February 23, 1993 from Richard A. Harris, Jr. to Robert W. Harris, filed for record on July 2, 1993 and recorded in Instrument Number 93-R0043112 of the Real Property Records of Denton County, Texas. 20. Being a called 17.79 acre tract of land, more or less, situated in the B.B.B. & C.R.R. Company Survey, Abstract No. 141, Denton County, Texas. Said 17.79 acre tract being that portion lying within the borders of the B.B.B. & C.R.R. Company Survey, Abstract No. 141 and outside the city limits, of a called 42 acre tract of land described in that Special Warranty Deed dated November 24, 1997 from Richard A. Harris, Jr. and Robert Woodson Harris to Cornelia C. Harris, filed for record on December 5, 1997 and recorded in Instrument Number 97-R0085337 of the Real Property Records of Denton County, Texas. Said 17.79 acre tract of land, more or less, is commonly known as DCAD Property ID 131807. 21. Being a called 32.094 acre tract of land, more or less, situated in the B.B.B. & C.R.R. Company Survey, Abstract No. 141, Denton County, Texas. Said 32.094 acre tract being Page 6 S.1O-Docm :=Miscellaneou \MAnnc to kxWbnc.paa2.dw that portion lying within the borders of the B.B.B. & C.R.R. Company Survey, Abstract No. 141 and outside the city limits, of a called 129.507 acre tract described in Tract One of that certain Special Warranty Deed dated November 24, 1997 from Cornelia C. Harris to Robert Woodson Harris, filed for record on December 5, 1997 and recorded in Instrument Number 97-R0085336 of the Real Property Records of Denton County, Texas. Said 32.094 acre tract of land, more or less, is commonly known as DCAD Property ID 38082. SAVE & EXCEPT: That portion of a called 42 acre tract of land that lies within the borders of the B.B.B. & C.R.R. Survey, Abstract No. 141, described in that Special Warranty Deed dated November 24, 1997 from Richard A. Harris, Jr. and Robert Woodson Harris to Cornelia C. Harris, filed for record on December 5, 1997 and recorded in Instrument Number 97-R0085337 of the Real Property Records of Denton County, Texas. 22. Being a called 23.42 acre tract of land, more or less, situated in the R. Whitlock Survey, Abstract No. 1403, Denton County, Texas, and being that portion lying within the borders of the R. Whitlock Survey, Abstract No. 1403, of a called 42 acre tract of land described in that Special Warranty Deed dated November 24, 1997 from Richard A. Harris, Jr. and Robert Woodson Harris to Cornelia C. Harris, filed for record on December 5, 1997 and recorded in Instrument Number 97-R0085337 of the Real Property Records of Denton County, Texas. Said 23.42 acre tract of land, more or less, is commonly known as DCAD Property ID 131799. Page 7 EXHIBIT D CITY OF DENTON SERVICE PLAN 2010 Annexation L AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAA1, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as DH-1, DH-2, DH-3, DH-4, DH-5, D14-6, DH-8, DH-10, DH-11, DH-13 and DH-14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM PROPERTY OWNER TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: 1. Fire suppression and rescue; 2. Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emer enc Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre-arrival First Aid instructions; 2. Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAA1, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13, and DH-14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAM annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 1125 T. Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's C1P and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. . Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks Playgrounds, Swimming Pools 4 Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. 1. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a tern of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. sAour documentslordinances1101paa3 annexing parcel.doc ORDINANCE NO. AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS PAA3 OF APPROXIMATELY 1,075 ACRES (LESS THOSE PARCELS IDENTIFIED IN EXHIBIT "C") LOCATED ON THE SOUTH SIDE OF GANZER ROAD; NORTH AND SOUTH OF BARTHOLD ROAD; NORTH OF FM 1173; WEST OF I- 35, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, AND WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE; EXCLUDING PROPERTIES WITHIN PAA3 SUBJECT TO NON- ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE FROM THE ANNEXATION; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan; and WHEREAS, this annexation is under the annexation procedures for areas exempted from an annexation plan pursuant to Tex. Loc. Gov't Code section 43.052(h); and WHEREAS, the Denton City Council finds that there are fewer than 100 separate tracts of land on which one or more residential dwellings are located on the PAA3 tract in the area to be annexed; and WHEREAS, the Denton City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan as it is now written, or as it may be modified by the City from time to time; and WHEREAS, all required notices, including written notice of intent to annex said area to each property owner, each public entity and each railroad company within said area as required by Section 43.062, Subchapter C-1, Local Government Code, and all public hearings and requirements for such annexation have been had in accordance with applicable law; and WHEREAS, the City has prepared a service plan for the area to be annexed in accordance with Tex. Loc. Gov't Code section 43.056 providing for full municipal services to such area, which service plan was made available to the public and explained at the scheduled public hearings; and WHEREAS, offers of non-annexation development agreements have been made to the owners of all eligible properties within the area to be annexed pursuant to this Ordinance, which properties have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland as required by Section 43.035, Subchapter B, Local Government Code; and scour documentslordinancesll01paa3 annexing parcel.doc WHEREAS, the City Council, by prior action, has approved certain non-annexation agreements executed by eligible property owners within PAA3; and WHEREAS, the City desires to affirm that structures, uses and facilities pre-existing in areas annexed under this Ordinance, or in areas subject to non-annexation agreements within PAA3 approved by prior action, shall be subject to the protections and limitations imposed by §43.002 of the Texas Local Government Code, as well as those protections afforded by Subchapter 11 of the Denton Development Code, to the extent it is applicable; and WHEREAS, under the previously approved non-annexation agreements between an eligible property owner and the City, the lands subject to the agreements retain their extraterritorial status and the owners of such lands must abide by the City's development regulations as if such lands were within the City limits, as provided further in such agreement; and WHEREAS, the land which is adjacent or contiguous to an area subject to a non- annexation agreement is considered adjacent or contiguous to the City for purposes of annexation; and WHEREAS, the City Council of the City of Denton deems it to be in the best interests of the citizens of the City of Denton to annex said territory into the City of Denton, save and except those properties subject to prior approved non-annexation agreements within PAA3; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as PAA3, as described in Exhibit "A", attached hereto and incorporated herein, and as depicted in Exhibit "B," attached hereto and incorporated herein (except that if there is conflict between the Exhibits, "A" shall control), save and except for those properties described in Exhibit "C", which are subject to certain non-annexation agreements, executed by property owners within PAA3 and previously approved by the City, due to their use for agricultural, wildlife management or timberland purposes as described in Section 43.035, Subchapter B, Local Government Code, is hereby ANNEXED to and included within the corporate limits of the City of Denton, Texas. SECTION 3. A service plan prepared in accordance with applicable provisions of state law pertaining to annexation is attached hereto as Exhibit "D" and made a part hereof for all intents and purposes. SECTION 4. The City Manager is hereby authorized and directed to immediately correct the map of the City of Denton by adding thereto the additional territory annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance, and the ETJ resulting from such boundary extensions. Page 2 sAour documentslordinances1101paa3 annexing parcetdoc SECTION 5. This Ordinance shall be become effective upon final passage by the City Council. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this. Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. Nothing herein should be deemed to repudiate any earlier action by the City relating to approval of any non-annexation agreement associated with properties contained within PAA3. AND IT IS SO ORDERED. Passed by the City Council on 1$t reading this day of 12010. Passed by the City Council on 2"d reading this day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: R , a Page 3 EXHIBIT A Annexation Tract PAA3 (Page 1 of 3) BEGINNING at a point on the present Denton city limits line, described as the southwest corner of an annexation tract established and described in Ordinance 1985-246 and further described therein as being on the centerline of F.M. 1173; THENCE North 871, 57' East, along the center line of F.M. 1173 and along the present Denton city limit line as established in said Ordinance 1985-246 a distance of 310.5 feet to a point for corner; THENCE North 89° 39' East, along the center line of F.M. 1173 and along the present Denton city limit line as established in said Ordinance 1985-246 a distance of 2,153.5 feet to a point for corner, said point also lying 500 feet west of and perpendicular to the center line of Interstate Highway 35, said point also being on the westerly line of a City of Denton annexation tract established and described in Ordinance 1969-40 (Tract VI); THENCE South 02° 57' East, parallel to and 500 feet west of the center line of Interstate Highway 35, same being the present Denton city limit line established and described in Ordinance 1969-40 (Tract VI), a distance of 45 feet to a point for corner, said point lying on the south right-of-way line of F.M. 1173 and also being the northeast corner of a City of Denton annexation tract established and depicted in Ordinance 2007-268 (Exhibit A-3 therein); THENCE South 89° 19' 54" West along the south right-of-way line of F.M. 1173, same being the north line of said City of Denton annexation tract established, described and depicted in Ordinance 2007-268 (Exhibit A and Exhibit A-3 therein), a distance of 1,801 feet to a point for a corner; THENCE South 88° 07' 35" West along the south right-of-way line of F.M. 1173, same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein), a distance of 99.83 feet to a point for a corner; THENCE North 88° 37' 44" West along the south right-of-way line of F.M. 1173, same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein), a distance of 401.49 feet to a point for a corner; THENCE North 84° 33' 28" West along the south right-of-way line of F.M. 1173, same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein), a distance of 100.64 feet to a point for a corner; THENCE North 87° 39' 59" West along the south right-of-way line of F.M. 1173, same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein), a distance of 1,634.99 feet to a point for a comer, said point lying on the easterly right-of-way line of the Kansas City Southern Annexation Tract PAA3 (Page 2 of 3) Railway (formerly Gulf, Colorado and Sante Fe Railroad Company), said point also being the northwest corner of said Ordinance 2007-268 annexation tract; THENCE northwesterly, departing the existing Denton city limits and along the arcs, courses and distances of the said easterly railroad right-of-way line a total distance of 9,591 feet to a point for a corner; said point being the intersection of the said easterly railroad right-of-way line and the south right of way line of Ganzer West Road; THENCE in an easterly direction, along the courses and distances of the southerly implied right-of-way line of Ganzer West Road a total distance of 8,182 feet to a point for a corner, said point lying on the present Denton city limit line established and described by annexation Ordinance 1987-141; THENCE South 01 ° 58' East along the present Denton city limit line established and described by annexation Ordinance 1987-141, a distance of 922 feet to a point for corner, said point being the southwest corner of said Ordinance 1987-141 annexation tract and also lying on the north line of a City of Denton annexation tract established and described in Ordinance 196940 (Tract Vl); THENCE North 88° 53' West along the present Denton city limit line established and described by annexation Ordinance 1969-40 (Tract VI) a distance of 250 feet to a point for comer, said point lying 500 feet west of the said center line if Interstate Highway 35 and being the northwest corner of said annexation Ordinance 1969-40 (Tract VI); THENCE South 00° 44' East parallel to and 500 feet west of said center line of Interstate Highway 35 and along the present Denton city limit line established and described by annexation Ordinance 1969-40 (Tract VI) a distance of 6,087 feet to a point for corner, said point lying 500 feet west of the said center line of Interstate Highway 35 and being the northeast corner of said annexation tract established and described in Ordinance 1985-246; THENCE North 89° 29' West along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 324.6 feet to a point for corner; THENCE South 89° 15' 40" West along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 1,000 feet to a point for corner; THENCE North 89° 28' West along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 1,034.21 feet to a point for corner; Annexation Tract PAA3 (Page 3 of 3) THENCE South 001 25' 30" West along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 1,271.72 feet to a point for corner; THENCE South 00° 42' West along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 426.35 to the POINT OF BEGINNING and containing 1,090 acres of land. EXHIBIT B LY c c. 0 Sf FREESE City of Denton, Texas rM NICHOLS PAM - 1,085 Acres N W E S Feet 0 500 1,000 2,000 3,000 EXHIBIT C S:IOw Aaca nts\MWIaneou\10Ao xatiomlelubit c-pm3Ax PAA3 - Exhibit "C" 1. Being Lot 11, Block 1, Ganzer Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated December 10, 1996 from Anderson Custom. Homes, Inc. to Juan A. Figueiras and wife, Shelia Figueiras, filed for record on December 11, 1996 and recorded in Instrument Number 96-R0087262 of the Real Property Records of Denton County, Texas. Said Lot 1, Block 1, Ganzer Estates, is commonly known as DCAD Property ID 185229. 2. Being a called 18.73 acre tract of land, more or less, situated in the John W. Gibbons Survey, Abstract No. 446, Denton County, Texas, and being all of the portion lying East of the Railroad of that certain South one-half (1/2) of a called 142.97 acre tract of land, described the Warranty Deed dated August 3, 1972 from Rosa Hopkins to Ballard Hopkins, filed for record on September 6, 1972 and recorded in Volume 654, Page 631 of the Official Public Records of Denton County, Texas. Said 18.73 acres, more or less, is commonly known as DCAD Property ID 60790. 3. Being a called 28.69 acre tract of land, more or less, situated in the John W. Gibbons Survey, Abstract No. 446, Denton County, Texas, and being all of the portion lying East of the Railroad of that certain North one-half (1/2) of a called 142.97 acre tract of land, described the Warranty Deed dated August 3, 1972 from Rosa Hopkins to Wayne W. Hopkins, filed for record on September 6, 1972 and recorded in Volume 654, Page 629 of the Official Public Records of Denton County, Texas. Said 28.69 acres, more or less, is commonly known as DCAD Property ID 167642. 4. Being Lot 15, Block 1, Ganzer Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Assumption Warranty Deed dated August 28, 1998 from Lonnie J. Rodgers and wife, Yong Ja Rodgers to Jim R. Lawson and Martha A. Lawson, filed for record on August 28, 1998 and recorded in Volume 4164, Page 1446 of the Real Property Records of Denton County, Texas. Said Lot 15, Block 1, Ganzer Estates, is commonly known as DCAD Property ID 185233. 5. Being Lot 12, Block 1 of Ganzer Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Slide 78 of the Plat Records of Denton County, Texas, as described in that certain Warranty Deed with Vendor's Lien dated August 15, 1996, but to become effective August 16, 1996 from John Holley and Vaughn Andres, d/b/a H & A Investments to Kent E. Wolf and Lori A. Wolfe a/k/a Lori Ann Wolf. Said Lot 12, Block 1 of Ganzer Estates is commonly known as DCAD Property ID 185230. 6. Being 2.50 acres of land, more or less, situated in the John Pearson Survey, Abstract No. 1049, the S.L. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more Page 1 S:lOa IlacumentslMiscell~eou fOSAnue~rionskxhiLit c-PM3.d. fully described as the Save and Except Tract in that certain Assumption Warranty Deed dated August 31, 2005 from Bobby Joe Meritt and wife, Jackie Meritt to Meritt Bois-D'- Arc Enterprises, Inc. and Meritt Buffalo Events, LLC, filed for record on September 7, 2005 and recorded in Instrument Number 2005-111889 of the Real Property Records of Denton County, Texas. Said 2.50 acres of land, more or less, is commonly known as DCAD Property ID 60424 and DCAD Property ID 376&2, respectively. 7. Being 7.873 acres of land, more or less, situated in the John Pearson Survey, Abstract No. 1049 and the S. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully described in the First Tract of that certain Warranty Deed with Vendor's Lien dated to be effective April 30, 2008 from Northstar Bank of Texas to J. Mark Hicks, filed for record on May 1, 2008 and recorded in Instrument Number 2008-47139 of the Real Property Records of Denton County, Texas. Said 7.873 acres, more or less, is commonly known as DCAD Property ID 208223. Page 2 EXHIBIT D CITY OF DENTON SERVICE PLAN 2010 Annexation L AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAA1, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13 and DH-14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: I . Fire suppression and rescue; 2. Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emergency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre-arrival First Aid instructions; 2. Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the. City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAA1, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13, and DH-14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. 3 Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CIF and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks, Playgrounds, Swimming Pools 4 Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. I. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, small be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. IR. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City.Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. scour documentslordinancesM\paa4 annexing parcel.doc ORDINANCE NO. AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS PAA4 OF APPROXIMATELY 1,555 ACRES (LESS THOSE PARCELS IDENTIFIED IN EXHIBIT "C") LOCATED ON THE SOUTH SIDE OF MILAM ROAD; NORTH OF LOOP 288; EAST OF 1-35, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, AND WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE; EXCLUDING PROPERTIES WITHIN PAA4 SUBJECT TO NON-ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE FROM THE ANNEXATION; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan; and WHEREAS, this annexation is under the annexation procedures for areas exempted from an annexation plan pursuant to Tex. Loc. Gov't Code section 43.052(h); and WHEREAS, the Denton City Council finds that there are fewer than 100 separate tracts of land on which one or more residential dwellings are located on the PAA4 tract in the area to be annexed; and WHEREAS, the Denton City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan as it is now written, or as it may be modified by the City from time to time; and WHEREAS, all required notices, including written notice of intent to annex said area to each property owner, each public entity and each railroad company within said area as required by Section 43.062, Subchapter C-1, Local Government Code, and all public hearings and requirements for such annexation have been had in accordance with applicable law; and WHEREAS, the City has prepared a service plan for the area to be annexed in accordance with Tex. Loc. Gov't Code section 43.056 providing for full municipal services to such area, which service plan was made available to the public and explained at the scheduled public hearings; and WHEREAS, offers of non-annexation development agreements have been made to the owners of all eligible properties within the area to be annexed pursuant to this Ordinance, which properties have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland as required by Section 43.035, Subchapter B, Local Government Code; and sAour documentslordinances1101paa4 annexing parcel. doc WHEREAS, the City Council, by prior action, has approved certain non-annexation agreements executed by eligible property owners within PAA4; and WHEREAS, the City desires to affirm that structures, uses and facilities pre-existing in areas annexed under this Ordinance, or in areas subject to non-annexation agreements within PAA4 approved by prior action, shall be subject to the protections and limitations imposed by §43.002 of the Texas Local Government Code, as well as those protections afforded by Subchapter 11 of the Denton Development Code, to the extent it is applicable; and WHEREAS, under the previously approved non-annexation agreements between an eligible property owner and the City, the lands subject to the agreements retain their extraterritorial status and the owners of such lands must abide by the City's development regulations as if such lands were within the City limits, as provided further in such agreement; and WHEREAS, the land which is adjacent or contiguous to an area subject to a non- annexation agreement is considered adjacent or contiguous to the City for purposes of annexation; and WHEREAS, the City Council of the City of Denton deems it to be in the best interests of the citizens of the City of Denton to annex said territory into the City of Denton, save and except those properties subject to prior approved non-annexation agreements within PAA4; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as PAA4, as described in Exhibit "A", attached hereto and incorporated herein, and as depicted in Exhibit "B," attached hereto and incorporated herein (except that if there is conflict between the Exhibits, "A" shall control), save and except for those properties described in Exhibit "C", which are subject to certain non-annexation agreements, executed by property owners within PAA4 and previously approved by the City, due to their use for agricultural, wildlife management or timberland purposes as described in Section 43.035, Subchapter B, Local Government Code, is hereby ANNEXED to and included within the corporate limits of the City of Denton, Texas. SECTION 3. A service plan prepared in accordance with applicable provisions of state law pertaining to annexation is attached hereto as Exhibit "D" and made a part hereof for all intents and purposes. SECTION 4. The City Manager is hereby authorized and directed to immediately correct the map of the City of Denton by adding thereto the additional territory annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance, and the ET7 resulting from such boundary extensions. Page 2 sAour docurnentslordinances1101paa4 annexing parcel.doc SECTION 5. This Ordinance shall be become effective upon final passage by the City Council. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. Nothing herein should be deemed to repudiate any earlier action by the City relating to approval of any non-annexation agreement associated with properties contained within PAA4. AND IT IS SO ORDERED. Passed by the City Council on 1St reading this day of '2010. Passed by the City Council on 2nd reading this day of 52010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY L. ~1 BY: Page 3 EXHIBIT A Annexation Tract PAM (Page 1 of 4) BEGINNING at point in the present Denton city limit line as established by Ordinance 2008-137; said point being the northwest corner of the annexation tract described therein and also lying on the south right-of-way line of F.M. 3163 (Milam Road) 2008-137; THENCE South 01° 08' 35" West continuing along the present Denton city limit line established by Ordinance 2008-137 a distance of 2,996.05 feet to point for corner, said point being the southwest corner of the annexation tract described therein; THENCE South 89 10' 00" East continuing along the present Denton city limit line established by Ordinance 2008-137 a distance of 2,457.02 feet to a point for corner, said point being the most northerly southwest corner of a City of Denton annexation tract established and described by Ordinance 2007-077 (Tract 1); THENCE South 88° 54' 04" East continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 1) a distance of 197.47 feet to a point for a corner; THENCE South 021 28' 55" East continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 1) a distance of 965.89 feet to a point for corner; THENCE South 01° 00'33" East continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 1) a distance of 539.43 feet to a point for corner; THENCE South 00° 04' 12" West continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 1) a distance of 2,649.30 feet to a point for corner; THENCE South 00° 26' 12" West continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 1) a distance of 668.18 feet to a point for corner, said point being a southwest corner of said Ordinance 2007-077 (Tract 1) annexation tract and lying on the north line of a City of Denton annexation tract established by Ordinance 1985-151; THENCE North 890 11' 35" West continuing along the present Denton city limit line established by Ordinance 1985-151 a distance of 575 feet to a point for corner, said point being the northwest corner of said Ordinance 1985-151 annexation tract and also being the northeast corner of a City of Denton annexation tract established by Ordinance 2007- 077 (Tract 2); Annexation Tract PAM (Page 2 of 4) THENCE North 89° 32' 45" West continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 2) a distance of 2,128.41 feet to a point for corner; THENCE South 00° 03' 28" West continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 2) a distance of 26.07 feet to a point for a corner; THENCE North 89° 32' 32" West continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 2) a distance of 972.02 feet to a point for a corner; THENCE South 01° 35' 23" West continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 2) a distance of 1,003.38 feet to a point for corner; THENCE South 01° 34' 05" West continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 2) a distance of 932.20 feet to a point for corner; THENCE South 88° 29' 12" East continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 2) a distance of 1,541.64 feet to a point for a corner, THENCE South 00° 56' 25" West continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 2) a distance of 185.30 feet to a point for a corner; THENCE South 88° 09' 02" East continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 2) a distance of 498.78 feet to a point for a corner, said point being a southeast corner of said Ordinance 2007-077 (Tract 2) annexation tract and also lying on a west line of a City of Denton annexation tract established by Ordinance 2002-257; THENCE South 00° 56' 33" West continuing along the present Denton city limit line established by Ordinance 2002-257 a distance of 6 feet to a point for corner; THENCE South 01 ° 06' 36" West continuing along the present Denton city limit line established by Ordinance 2002-257 a distance of 1,764.22 feet to a point for corner; THENCE North 88° 3 P 42" West continuing along the present Denton city limit line established by Ordinance 2002-257 a distance of 624.97 feet to a point for corner; Annexation Tract PAM (Page 3 of 4) THENCE South 02° 02' 28" West continuing along the present Denton city limit line established by Ordinance 2002-257 a distance of 40 feet to a point for corner, said point being the northwest corner of a City of Denton annexation tract established by Ordinance 2007-077 (Tract 3); THENCE South 00° 23' 04" West continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 3) a distance of 1,765.70 feet to a point for corner, said point being the southwest corner said 2007-077 (Tract 3) annexation tract and also being on the east right-of-way line of Bonnie Brae Road and being the northwest corner of a City of Denton annexation tract established by Ordinance 1980-26; THENCE South 001 12' 13" West continuing along the present Denton city limit line established by Ordinance 1980-26 a distance of 450 feet to a point for corner, said point being the northeast corner of a City of Denton annexation tract established by Ordinance 1982-4; THENCE North 89° 04' 24" West continuing along the present Denton city limit line established by Ordinance 1982-4 a distance of 1,791.93 feet to a point for corner; THENCE North 58° 2 P 24" West continuing along the present Denton city limit line established by Ordinance 1982-4 a distance of 926 feet to a point for corner, said point being the southeast corner of a City of Denton annexation tract established by Ordinance 1986-6; THENCE North 001 25' 59" East continuing along the present Denton city limit line established by Ordinance 1986-6 a distance of 1,845.44 feet to a point for corner; THENCE North 00° 22' 28" East continuing along the present Denton city limit line established by Ordinance 1986-6 a distance of 506.6 feet to a point for corner; THENCE South 89° 27' 00" East continuing along the present Denton city limit line established by Ordinance 1986-6 a distance of 1,033.4 feet to a point for corner; THENCE North 00° 22' 27" East continuing along the present Denton city limit line established by Ordinance 1986-6 a distance of 564.11 feet to a point for corner; THENCE North 89° 3 P 39" West continuing along the present Denton city limit line established by Ordinance 1986-6 a distance of 2,485.31 feet to a point for corner, said point being the northwest corner of said Ordinance 1986-6 annexation tract and also being the northeast corner of a City of Denton annexation tract established by Ordinance 1998-224; EXHIBIT B FREESE City of Denton, Texas iNKHOLS PAM -'1,550 Acres N WE 5 Feet 0 600 1,200 2,400 3,600 EXHIBIT C S:lOur D00mwn s1~UDL4ouexstions~'bk c -pm4.dw PAA4 - Exhibit "C" Being Lot 16, Block A, of Milam Creek Ranch, Phase II, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet O, Slide 3 85 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed dated May 21, 2007 from Hicks Family Trust, formerly New Britain Investments Co. to Alatzas Family Limited Partnership, filed for record on May 25, 2007 and recorded in Instrument Number 2007-61424 of the Real Property Records of Denton County, Texas. Said Lot 16, Block A, Milam Creek Ranch, Phase IT, is commonly known as DCAD Property ID No. 202616. 2. Being Lot 4, Block B, Milam Creek Ranch, Phase I, an Addition in Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 284, of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain General Warranty Deed dated March 5, 2008 from Curtis N. Hughes and wife, Sheila J. Hughes to Daniel Arnoldy and Cindy Arnoldy, filed for record on March 13, 2008 and recorded in Instrument Number 2008-26880 of the Real Property Records of Denton County, Texas. Said Lot 4, Block B, Milam Creek Ranch, Phase I, is commonly known as DCAD Property ID No. 188372. 3. Being Lot 2, Block A, Milarn Creek Ranch, Phase 1, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 284, of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain General Warranty Deed with Vendor's Lien dated September 24, 2001 from Craig A. Turner and Beverly Turner to Albert J. Belanger and wife, Susan K. Belanger, filed for record on September 26, 2001 and recorded in Volume 4930, Page 2235 of the Real Property Records of Denton County, Texas. Said Lot 2, Block A, Milam Creek Ranch, Phase I, is commonly known as DCAD Property ID No. 188366. 4. Being Lot 3, Block A, Milam Creek Ranch, Phase I, an Addition. to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 284, of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated October 8, 2002 from Brian D. Calkins and wife, Stephanie A. Calkins to Albert J. Belanger and wife, Susan K. Belanger, filed for record on October 10, 2002 and recorded in Volume 5189, Page 3302 of the Real Property Records of Denton County, Texas. Said Lot 3, Block A, Milam Creek Ranch, Phase I, is commonly known as DCAD Property ID No. 188367. 5. Being 20.747 acres of land, more or less, situated in the J. McNeill Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed dated January 15, 1997 from Commonwealth Properties to John Chutkowski, filed for record on January 16, 1997 and recorded in Instrument Number 97- R0003249 of the Real Property Records of Denton County, Texas. Said 20.747 acres of land, more or less, is commonly known as DCAD Property ID No. 37476. Page i 8:0Ilaca~enlstiMy.,rei]aneaus5lUL4~exaua~yexhipi~c-paaldo 6. Being 10 acres of land, more or less, situated in the John Ayres Survey, Abstract No. 2, Denton County, Texas, and being more fully described in Tract 8 of that certain Special Warranty Deed dated June 1, 2006 from William A. Crawford, aka W.A. Crawford and Wm. A. Crawford and Gladys H. Crawford, aka Gladys Crawford, Individually and in all representative capacities to William A. Crawford and Gladys H. Crawford, Trustees of the William A. Crawford and Gladys H. Crawford Revocable Living Trust, dated December 30, 1992, filed for record on June 5, 2006 and recorded in Instrument Number 2006-66861 of the Real Property Records of Denton County, Texas. Said 10 acres of land, more or less, is commonly known as DCAD Property ID 37070. 7. Being 10.80 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more My described in that certain General Warranty Deed dated June 27, 2005 from Rayburn K. Pierce to Alfred A. Croix and Bernice L. Croix, filed for record on June 29, 2005 and recorded in Instrument Number 2005-78217 of the Real Property Records of Denton County, Texas. Said 10.80 acres of land, more or less, is commonly known as DCAD Property ID 37481 and DCAD Property ID 215322, respectively. 8. Being 3.736 acres of land, more or less, situated in the J. McNeill Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed dated February 19, 1970 from Freddy McConnell and wife, Barbara McConnell to Kenneth W. Hatridge and wife, Glenda J. Hatridge, filed for record on February 27, 1970 and recorded in Volume 599, Page 9 of the Real Property Records of Denton County, Texas. Said 3.736 acres of land, more or less, is commonly known as DCAD Property ID 37429. 9. Being Lot 1, Block A, Milani Creek Ranch, Phase I, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 284, of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated March 7, 2002 from William M. Jefferys and wife, Suzy Jeffreys to Dean Donald Konz and wife, Tammy Lee Konz, filed for record on March 14, 2002 and recorded in Volume 5043, Page 1224 of the Real Property Records of Denton County, Texas. Said Lot 1, Block A, Milani Creek Ranch, Phase I, is commonly known as DCAD Property ID No. 188365. 10. Being 3.706 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed dated August 8, 1967 from Thurston A. Webb to Johnnie H. Landers, filed for record on August 14, 1967 and recorded in Volume 554, Page 650 of the Real Property Records of Denton County, Texas. Said 3.706 acres of land, more or less, is commonly known as DCAD Property ID No. 37449. 11. Being Lot 13, Block A, of Milani Creek Ranch, Phase II, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet O, Slide 385 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed dated January 14, 2004 from Daniel F. Alvarez and Julie Alvarez to Doug McAdams and Jeanie McAdams, filed for record on January Page 2 S:lOur ^--un lMisoellaceoi s510L4®exatlons~c hibi[ c .1W.d- 28, 2004 and recorded in Instrument Number 2004-11596 of the Real Property Records of Denton County, Texas. Said Lot 13, Block A, Milam Creek Ranch, Phase II, is commonly known as DCAD Property ID No. 202613. 12. Being 12.000 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated November 18, 1981 from John Porter and wife, Margaret Porter to William M. Meaney and wife, Jane C. Meaney, filed for record on November 19, 1981 and recorded in Volume 1113, Page 51 of the Real Property Records of Denton County, Texas. Said 12.000 acres of land, more or less, is commonly known as DC-4D Property ID No. 73546. 13. Being 3.297 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated June 20, 1988 from 14. L. Swann, Jr. and wife, Evelyn June Swann to John Allen Peppier and wife, Lavena Grace Peppier, filed for record on June 21, 1988 and recorded in Volume 2398, Page 768 of the Real Property Records of Denton County, Texas. Said 3.297 acres of land, more or less, is commonly known as DCAD Property ID No. 37444. 14. Being 3.241 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Executrix's Deed dated November 10, 1998 from Lavena Swann Peppier, as Independent Executrix of the Estate of Evelyn J. Swann, Deceased to Lavena Swann Peppier, filed for record on November 13, 1998 and recorded in Volume 4218, Page 2672 of the Real Property Records of Denton County, Texas. Said 3.241 acres of land, more or less, is commonly known as DCAD Property ID No. 37439. 15. Being 3.299 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Executrix's Deed dated November 10, 1998 from Lavena Swann Peppier, as Independent Executrix of the Estate of Evelyn J. Swann, Deceased to Lavena Swann Peppier as Trustee of the Evelyn J. Swann Testamentary Trust, filed for record on November 13, 1998 and recorded in Volume 4218, Page 2669 of the Real Property Records of Denton County, Texas. Said 3.299 acres of land, more or less, is commonly known as DCAD Property ID No. 38256. 16. Being 9.773 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General Warranty Deed with Vendor's Lien dated March 10, 1992 from James A. Grider and spouse, Barbara Grider to Raymond D. Roberts, Sr. and spouse, Linda Mae Roberts, filed for record on March 13, 1992 and recorded in Volume 3179, Page 273 of the Real Property Records of Denton County, Texas. Said 9.773 acres of land, more or less, is commonly known as DCAD Property ID No. 37431, DCAD Property ID No. 37432 and DCAD Property ID No. 37434, respectively. Page 3 5:10~u DocwnenrslMisxllavea i~l~L4nuexatians bi6i[c-PM4ADC 17. Being 13.96 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 14, 2002 from Jessie Schertz to Homer Samuel Schertz, filed for record on October 15, 2002 and recorded in Volume 5192, Page 3323 of the Real Property Records of Denton County, Texas. Said 13.96 acres of land, more or less, is commonly known as DCAD Property ID No. 247041. 18. Being Lot 5, Block B, Milam Creek Ranch, Phase II, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet O, Slide 385, of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated October 26, 2001 from PFS Development Corporation to Susanne Holmgreen Seals and husband, Richard Donovan Seals, filed for record on October 29, 2001 and recorded in Volume 4953, Page 2205 of the Real Property Records of Denton County, Texas. Said Lot 5, Block B, Milam Creek Ranch, Phase II, is commonly known as DCAD Property ID No. 202618. 19. Being 3.690 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed dated February 19, 1970 from Freddy McConnell and wife, Barbara McConnell to Kenneth W. Stewart and wife, Delma F. Stewart, filed for record on February 27, 1970 and recorded in Volume 599, Page 7 of the Real Property Records of Denton County, Texas. Said 3.690 acres of land, more or less, is commonly known as DCAD Property ID 37428. 20. Being a called 19.73 acre tract of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being comprised of a 19.23 acre tract conveyed by that certain Deed dated January 12, 1996 from the Veterans Land Board of the State of Texas to James E. West, filed for record on January 17, 1996 and recorded in 96-R0003867 of the Real Property Records of Denton County, Texas, and described in that Contract of Sale and Purchase from the Veterans Land Board of the State of Texas to James E. West, filed for record on May 31, 1965 and recorded in Volume 523, Page 478 of said records; together with a 1.507 acre tract described in that certain Warranty Deed with Vendor's Lien dated July 12, 1965 from David Mulkey to James E. West, filed for record on January 12, 1966 and recorded in Volume 533, Page 115 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: A 1.00 acre tract of land designated as homestead property and commonly known as DCAD Property ID 37478. The called 19.73 acre tract of land is commonly known as DCAD Property ID 37479. 21. Being Lot 9, Block A, of Milam Creek Ranch, Phase II, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet O, Slide 385 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed dated March 30, 2001 from PFS Development Corporation to Don Aaron Yeatts and wife, Emily Jane Yeatts, filed for record on April 5, 2001 and recorded in Volume 4810, Page 2067 of the Real Property Records of Page 4 S:IO-Docwn®ty1Mlscellan~~y5IUL4noexationsk. tc-PU4.do Denton County, Texas. Said Lot 9, Block A, Milam Creek Ranch, Phase II, is commonly known as DCAD Property ID No. 202609. 22. Being 20.833 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being comprised of a 19.23 acre tract of land, more or less, conveyed by that certain Deed dated September 13, 1993 from the Veterans Land Board of the State of Texas to Jesse F. Baker, filed for record on October 25, 1993 and recorded in Instrument Number 93-R0075347 of the Real Property Records of Denton County, Texas, and more fully described in that certain Contract of Sale dated October 26, 1964 from the Veterans Land Board of the State of Texas to Jesse F. Baker, filed for record on November 2, 1964 and recorded in Volume 515, Page 229 of said records; together with a called 1.603 acre tract of land, described in a Warranty Deed dated August 6, 1965 from David Mulkey to J.F. Baker, filed for record on August 20, 1965 and recorded in Volume 527, Page 224 of the Real Property Records of Denton County, Texas. Said 20.833 acres of land, more or less, is commonly known as DCAD Property ID 37472. 23. Being 3.706 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated April 26, 1965 from David Mulkey to Jerry C. Caldwell, filed for record on May 10, 1965 and recorded in Volume 523, Page 97 of the Real Property Records of Denton County, Texas. Said 3.706 acres of land, more or less, is commonly known as DCAD Property ID No. 37451. 24. Being 2.360 acres of land, more or less, situated in the J. Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated June 20, 1997 from Reba M. Carter to Bent E. Carter and Margie M. Carter, husband and wife, filed for record on June 20, 1997 and recorded in Instrument Number 97-R0041516 of the Real Property Records of Denton County, Texas. Said 2.360 acres of land, more or less, is commonly known as DCAD Property ID 191283. 25. Being 1.346 acres of land, more or less, situated in the J. Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General Warranty Gift Deed dated December 30, 2009 from Reba M. Carter to Bent Eldon Carter, filed for record on December 30, 2009 and recorded in Instrument Number 2009-147763 Of the Real Property Records of Denton County, Texas. Said 1.346 acres of land, more or less, is commonly known as DCAD Property ID 334527. 26. Being 1.998 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in the Second Tract of that certain Warranty Deed with Vendor's Lien dated August 3, 1965 from David Mulkey to C. L. Yeatts, filed for record on August 13, 1965 and recorded in Volume 527, Page 43 of the Real Property Records of Denton County, Texas. Said 1.998 acres of land, more or less, is commonly known as DCAD Property ID No. 37460. Page 5 S C'ur DaumeuL3lMiscel7a¢maSltOL4noexaflonslurlu~dtc-paa4,doc 27. Being 1.98 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in the First Tract of that certain Warranty Deed with Vendor's Lien dated August 3, 1965 from David Mulkey to C. L. Yeatts, filed for record on August 13, 1965 and recorded in Volume 527, Page 43 of the Real Property Records of Denton County, Texas. Said 1.98 acres of land, more or less, is commonly known as DCAD Property ID No. 37459. 28. Being 1.98 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated November 23, 1965 from David Mulkey to C. L. Yeatts, fled for record on February 7, 1966 and recorded in Volume 534, Page 171 of the Real Property Records of Denton County, Texas. Said 1.98 acres of land, more or less, is commonly known as DCAD Property ID No. 37462. 29. Being 10.00 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated June 25, 2004 from John Squire and wife, LeAnn Squire to David M. Eberhardt, filed for record on July 1, 2004 and recorded in Instrument Number 2004-87180 of the Real Property Records of Denton County, Texas. Said 10.00 acres of land, more or less, is commonly known as DCAD Property ID 37475. 30. Being 3.706 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in the Second Tract of that certain Warranty Deed with Vendor's Lien dated April 22, 1965 David Mulkey to Willie F. Carter, filed for record on April 27, 1965 and recorded in Volume 522, Page 556 of the Real Property Records of Denton County, Texas. Said 3.706 acres of land, more or less, is commonly known as DCAD Property ID 37446. 31. Being Lot 10, Block A, of Milam Creek Ranch, Phase II, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet O, Slide 385 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated December 30, 2008 from Daniel A. Cooper and wife, Amy D. Cooper to Ozzie Chapa and Linda Genneken Chapa, filed for record on December 31, 2008 and recorded in Instrument Number 2008- 137843 of the Real Property Records of Denton County, Texas. Said Lot 10, Block A, Milam Creek Ranch, Phase 11, is commonly known as DCAD Property ID No. 202610. 32. Being 1.706 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General Warranty Gift Deed dated December 30, 2009 from Reba M. Carter to Shawn Paul Carter, filed for record on December 30, 2009 and recorded in Instrument Number 2009-147764 of the Real Property Records of Denton County, Texas. Said 1.706 acres of land, more or less, is commonly known as DCAD Property ID 334526. 33. Being 2.00 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Gift Warranty Deed of Correction dated May 2, 2000 from Reba M. Carter to Shawn P. Carter Page 6 SAO- Docv~nuM zdlaneous11O1Anne.~aWlxhft c. P.4.do and wife, Lisa M. Carter, filed for record on May 2, 2000 and recorded in Volume 4580, Page 795 of the Real Property Records of Denton County, Texas. Said 2.00 acres of land, more or less, is commonly known as DCAD Property ID 219639. 34. Being 10.050 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed dated August 7, 2002 from Ruby Elizabeth Finch and husband, Henry Tyler Finch, Jr. to Michael Joe Schertz and wife, Amy Beth Schertz, filed for record on August 7, 2002 and recorded in Volume 5144, Page 4597 of the Real Property Records of Denton County, Texas. Said 10.050 acres of land, more or less, is commonly known as DCAD Property ID No. 244900. Page 7 EXHIBIT D CITY OF DENTON SERVICE PLAN 2010 Annexation 1. AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAAI, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13 and DH-14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached- II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM PROPERTY OWNER TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection,. including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: 1. Fire suppression and rescue; 2. Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emergency-Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre-arrival First Aid instructions; 2. Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City. of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAA1, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13, and DH-14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton. Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CIP and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks Pla rounds Switnmin Pools 4 Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the city of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. our documentslordinances1101dh-1 annexing parcel.doc ORDINANCE NO. AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH-1 OF APPROXIMATELY 315 ACRES (LESS THOSE PARCELS IDENTIFIED IN EXHIBIT "C") LOCATED EAST OF H. LIVELY ROAD; SOUTH SIDE OF FM 2449; WEST SIDE OF JOHN PAINE ROAD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, AND WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE; EXCLUDING PROPERTIES WITHIN DH-1 SUBJECT TO NON-ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE FROM THE ANNEXATION; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan; and WHEREAS, this annexation is under the annexation procedures for areas exempted from an annexation plan pursuant to Tex. Loc. Gov't Code section 43.052(h); and WHEREAS, the Denton City Council finds that there are fewer than 100 separate tracts of land on which one or more residential dwellings are located on the DH-1 tract in the area to be annexed; and WHEREAS, the Denton City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan as it is now written, or as it may be modified by the City from time to time; and WHEREAS, all required notices, including written notice of intent to annex said area to each property owner, each public entity and each railroad company within said area as required by Section 43.062, Subchapter G1, Local Government Code, and all public hearings and requirements for such annexation have been had in accordance with applicable law; and WHEREAS, the City has prepared a service plan for the area to be annexed in accordance with Tex. Loc. Gov't Code section 43.056 providing for full municipal services to such area, which service plan was made available to the public and explained at the scheduled public hearings; and WHEREAS, offers of non-annexation development agreements have been made to the owners of all eligible properties within the area to be annexed pursuant to this Ordinance, which properties have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland as required by Section 43.035, Subchapter B, Local Government Code; and sAour doeumentslordinances1101dh-1 annexing parcel.doc WHEREAS, the City Council, by prior action, has approved certain non-annexation agreements executed by eligible property owners within DH-l; and WHEREAS, the City desires to affirm that structures, uses and facilities pre-existing in areas annexed under this Ordinance, or in areas subject to non-annexation agreements within DH-1 approved by prior action, shall be subject to the protections and limitations imposed by §43.002 of the Texas Local Government Code, as well as those protections afforded by Subchapter 11 of the Denton Development Code, to the extent it is applicable; and WHEREAS, under the previously approved non-annexation agreements between an eligible property owner and the City, the lands subject to the agreements retain their extraterritorial status and the owners of such lands must abide by the City's development regulations as if such lands were within the City limits, as provided further in such agreement; and WHEREAS, the land which is adjacent or contiguous to an area subject to a non- annexation agreement is considered adjacent or contiguous to the City for purposes of annexation; and WHEREAS, the City Council of the City of Denton deems it to be in the best interests of the citizens of the City of Denton to annex said territory into the City of Denton, save and except those properties subject to prior approved non-annexation agreements within DH-1; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as DH-1, as described in Exhibit "A", attached hereto and incorporated herein, and as depicted in Exhibit "B," attached hereto and incorporated herein (except that if there is conflict between the Exhibits, "A" shall control), save and except for those properties described in Exhibit "C", which are subject to certain non-annexation agreements, executed by property owners within DH-1 and previously approved by the City, due to their use for agricultural, wildlife management or timberland purposes as described in Section 43.035, Subchapter B, Local Government Code, is hereby ANNEXED to and included within the corporate limits of the City of Denton, Texas. SECTION 3. A service plan prepared in accordance with applicable provisions of state law pertaining to annexation is attached hereto as Exhibit "D" and made a part hereof for all intents and purposes. SECTION 4. The City Manager is hereby authorized and directed to immediately correct the map of the City of Denton by adding thereto the additional territory annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance, and the ETJ resulting from such boundary extensions. Page 2 scour documentslordinances1101dh-1 annexing parcel.doc SECTION 5. This Ordinance shall be become effective upon final passage by the City Council. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. Nothing herein should be deemed to repudiate any earlier action by the City relating to approval of any non-annexation agreement associated with properties contained within DH-1. AND IT IS SO ORDERED. Passed by the City Council on Ist reading this day of 12010. Passed by the City Council on 2nd reading this day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 3 EXHIBIT A EXHIBIT "A" Annexation Tract DH1 ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows: Ordinance 2001-451 and Ordinance 2006- 205; and being more specifically described as follows: DH1 BEGINNING at a point at the southeast corner of C Wolfe Road and FM 2499, as described in Ordinance 2006-205, South Tract, as the northwest corner of said Tract; THENCE by a series of metes and bounds as described in said ordinance and listed herein: Easterly with the south right-of-way of Farm Road No. 2449 as follows: North 45° 10' 52" East, 41.58 feet; North 89° 46' 37" East, 679.48 feet; South 84° 30' 45" East t, 100.50 feet; North 89° 46' 37" East, 200.00 feet; North 84° 03' 59" East, 100.50 feet; North 89° 46' 37" East, 1462.48 feet; THENCE South 00° 16' 13" East, 711.07 feet with a west line of an 18.28 acre tract to a point for a corner of said 18.28 acre tract; THENCE North 89° 45' 23" East, 1119.68 feet with the south line said 18.28 acre tract to a point for a corner at the southeast corner of said 18.28 acre tract; THENCE North 00° 12' 56" West, 710.67 feet with the east line of the aid 18.28 acre tract to a point for a corner at the northeast corner of the said 18.28 acre tract in the south right-of-way of said Farm Road No. 2449; THENCE North 89° 46' 37" East, 4616.62 feet to a point for a corner; THENCE South 00° 09" 33" West, 1652.60 to a point for a corner; THENCE North 89° 28' 35" West, 254.68 feet to a point for a corner; THENCE South 00° 24' 30" West, 2169.07 feet to a point for a corner; THENCE South 89° 56' 06" East, 3151.06 to a point on the west edge of John Paine Road; THENCE South 00° 33' 24" West, 5406.60 feet with the west edge of John Paine Road to a point also known as the southeast corner of the property described in Ordinance 2006-205, South Tract; THENCE easterly across John Paine Road to a point on the westerly line of the property described in Ordinance 2001-451, also being the easterly right-of-way line of John Paine Road; THENCE northerly along the easterly right-of-way for John Paine Road to a point described in Ordinance 2001-451; THENCE North 44° 41' 34" East, 185.77 feet to a point described in Ordinance 2001- 451 as a point in the north property line of a Petrus, Tract I land and the existing southern right-of-way of FM 2499; THENCE North 89° 53' 51" East, 245.46 feet crossing the existing right-of-way line for FM 2499 and being the southwest corner of the Petrus.Tract III land as described in Ordinance 2001-451; THENCE westerly along the north right-of-way of FM 2499 to a point described in Ordinance 2006-205, North Tract, being at the intersection of the north right-of-way pr FM 2499 and the east right-of-way of C. Wolfe Road; THENCE southerly to the Point of Beginning. EXHIBIT 6 W7 NfC1~lOLS City of Denton, Texas DH 1 - 315 Acres N E S Feet 0 600 1,200 2,400 3,600 EXHIBIT C SAO., DocnmenrslMiscellanenus~ZOWnncxaUOnslcxUibil c -dill d. DH 1 - Exhibit "C" Being 267.27 acres of land, more or less, situated in the J.W. Kjellberg Survey, Abstract NO. 1610; the M. Paine Survey, Abstract No. 1036; the George West Survey, Abstract No. 1393; and the S. Paine Survey, Abstract No. 1035, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated January 6, 1998 from Ronald Lee McCutchin to Ronald McCutchin Family Partnership, Ltd., filed for record on January 23, 1998 and recorded in Volume 4015, Page 793'of the Real Property Records of Denton County, Texas. Said 267.27 acres of land, more or less, is commonly known as DCAD Property ID 67349, DCAD Property ID 73313, DCAD Property ID 65056 and DCAD Property ID 67472, respectively. EXHIBIT D CITY OF DENTON SERVICE PLAN 2010 Annexation 1. AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAA1, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13 and DH-14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. 11. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: 1. Fire suppression and rescue; 2. Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emergency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre-arrival First Aid instructions; 2. Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAAl, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13, and DH-14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas. Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. 3 Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CEP and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance. of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks, Playarounds, Swimminlz Pools Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. 1. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a. public hearing that changed conditions .or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. 5 y ilz sAour documentslordinances1101dh-2 annexing parcel. doc ORDINANCE NO. AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH-2 OF APPROXIMATELY 258 ACRES (LESS THOSE PARCELS IDENTIFIED IN EXHIBITS "C") LOCATED ON THE SOUTH SIDE OF UNIVERSITY DRIVE; WEST AND EAST SIDES OF THOMAS J. EGAN ROAD; NORTH OF JIM CHRISTAL ROAD; WEST OF MASCH BRANCH ROAD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, AND WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE; EXCLUDING PROPERTIES WITHIN DH-2 SUBJECT TO NON-ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE FROM THE ANNEXATION; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan; and WHEREAS, this annexation is under the annexation procedures for areas exempted from an annexation plan pursuant to Tex. Loc. Gov't Code section 43.052(h); and WHEREAS, the Denton City Council finds that there are fewer than 100 separate tracts of land on which one or more residential dwellings are located on the DH-2 tract in the area to be annexed; and WHEREAS, the Denton City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan as it is now written, or as it may be modified by the City from time to time; and WHEREAS, all required notices, including written notice of intent to annex said area to each property owner, each public entity and each railroad company within said area as required by Section 43.062, Subchapter C-1, Local Government Code, and all public hearings and requirements for such annexation have been had in accordance with applicable law; and WHEREAS, the City has prepared a service plan for the area to be annexed in accordance with Tex. Loc. Gov't Code section 43.056 providing for full municipal services to such area, which service plan was made available to the public and explained at the scheduled public hearings; and WHEREAS, offers of non-annexation development agreements have been made to the owners of all eligible properties within the area to be annexed pursuant to this Ordinance, which properties have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland as required by Section 43.035, Subchapter B, Local Government Code; and sAour documents%ordinances1101dh-2 annexing parcel. doc WHEREAS, the City Council, by prior action, has approved certain non-annexation agreements executed by eligible property owners within DH-2; and WHEREAS, the City desires to affirm that structures, uses and facilities pre-existing in areas annexed under this Ordinance, or in areas subject to non-annexation agreements within DH-2 approved by prior action, shall be subject to the protections and limitations imposed by §43.002 of the Texas Local Government Code, as well as those protections afforded by Subchapter 11 of the Denton Development Code, to the extent it is applicable; and WHEREAS, under the previously approved non-annexation agreements between an eligible property owner and the City, the lands subject to the agreements retain their extraterritorial status and the owners of such lands must abide by the City's development regulations as if such lands were within the City limits, as provided further in such agreement; and WHEREAS, the land which is adjacent or contiguous to an area subject to a non- annexation agreement is considered adjacent or contiguous to the City for purposes of annexation; and WHEREAS, the City Council of the City of Denton deems it to be in the best interests of the citizens of the City of Denton to annex said territory into the City of Denton, save and except those properties subject to prior approved non-annexation agreements within DH-2; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as DH-2, as described in Exhibit "A", attached hereto and incorporated herein, and as depicted in Exhibit "B," attached hereto and incorporated herein (except that if there is conflict between the Exhibits, "A" shall control), save and except for those properties described in Exhibit "C", which are subject to certain non-annexation agreements, executed by property owners within DH-2 and previously approved by the City, due to their use for agricultural, wildlife management or timberland purposes as described in Section 43.035, Subchapter B, Local Government Code, is hereby ANNEXED to and included within the corporate limits of the City of Denton, Texas. SECTION 3. A service plan prepared in accordance with applicable provisions of state law pertaining to annexation is attached hereto as Exhibit "D" and made a part hereof for all intents and purposes. SECTION 4. The City Manager is hereby authorized and directed to immediately correct the map of the City of Denton by adding thereto the additional territory annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance, and the ETJ resulting from such boundary extensions. Page 2 scour documentslordinances\1 Oldh-2 annexing parcel.doc SECTION 5. This Ordinance shall be become effective upon final passage by the City Council. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. Nothing herein should be deemed to repudiate any earlier action by the City relating to approval of any non-annexation agreement associated with properties contained within DH-2. AND IT IS SO ORDERED. Passed by the City Council on 1St reading this day of , 2010. Passed by the City Council on 2nd reading this day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ` BY: Lt' -e a s Page 3 EXHIBIT A EXHIBIT "A" Annexation Tract DH2 ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows: Ordinance 1969-40 (Tract I), Ordinance 1974-36 (Tract V), Ordinance 1982-52, Ordinance 1983-90, Ordinance 1986-48, Ordinance 1986-102, and Ordinance 2002-29; and being more specifically described as follows: DH2 BEGINNING at the northwest corner of the subject property, this point being the northeast corner of property described in Ordinance 86-48; THENCE South 00° 10' 27" West, 1886.11 feet to a point for a corner; THENCE South 89° 59' 47" East 1174.8 feet to a point in Egan Road; THENCE South 09° 03' 21" East with said Eagan Road 1400 feet to a point (steel pin) at the intersection of Egan Road and Jim Christal Road, being on the South side of the E.A. Orr Survey; THENCE along the centerline of Jim Christal Road in a series of metes and bounds, more completely described in Ordinance 83-90; THENCE to a point in Jinn Christal Road described as the southeast corner of the property described in Ordinance 86-102; THENCE North 00° 11' 40" West, 3031.04 feet to a point called the northwest corner of the property described in Ordinance 86-102; THENCE South 89° 28' 48" East, 1486.80 feet to a point described in Ordinance 86- 102and called the northeast corner of the property described in said Ordinance, also being the northwest comer of the property described in Ordinance 2002-029; THENCE South 89° 49' 18" East, 394.07 feet to a point; THENCE South 88° 25' 54" East, 59.94 feet to a point; THENCE South 89° 37' 36" east, 659.22 feet to a point for a corner; THENCE South 00° 05' 23" East, 1698.40 feet to point for a corner; THENCE South 89° 03' 32" West, 143.14 feet to a point for a corner; THENCE South 00° 33' 00" East 16.57 feet to a point for a corner; THENCE South 00° 33' 00" East 992.15 feet to a point for a corner; THENCE North 89° 50' 43" West 792.69 feet to a point for a corner; THENCE South 00° 28' 20" East, 452 feet to a point in the centerline of Jim Chrisal Road, also known as the southeast corner of the property described in Ordinance 2002- 209,said point also being on the north line of property described in Ordinance 69-40 (I); THENCE easterly along the northern line of the property described in Ordinance 69-40 (1) to a point described in Ordinance 82-52 as the southwest corner of said property; THENCE northerly along the west property line of the property described in Ordinance 82-52 to the northwest corner of said property at which point the property intersects with the south property line described in Ordinance 74-36, Tract V; THENCE following the south property line of the property described in Ordinance 74-36, Tract V to the Point of Beginning. EXHIBIT B City of Denton, Texas DH 2 - 258 Acres V 7 NICHOLS N W *lE S Feet 0 400 800 1,600 2,400 EXHIBIT C SAO. Dacuos®tsSMiscellaneavs110U1~ecavnoskzh~3it c - dh2-dx DH 2 - Exhibit "C" 1. Being Lot 1, Block 1, Scribner Addition, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet R, Page 46 of the Plat Records of Denton County, Texas, and being conveyed by that certain Warranty Deed with Vendor's Lien dated December 29, 2000 from Steve Scribner and Michelle Scribner to Brent J. Knipfer and spouse, Shuan Knipfer, filed for record on January 8, 2001 and recorded in Volume 4749, Page 2159 of the Real Property Records of Denton County, Texas. Said Lot 1, Block 1, Scribner Addition, is commonly known as DCAD Property ID 216450. 2. Being a called 18.47 acre tract of land, situated in the S. Huizar Survey, Abstract No. 514, and a called 4.30 acre tract of land, situated in the G. H. Barb Survey, Abstract No. 208, Denton County, Texas, and being that portion lying outside of the city limits of a 29.982 acre tract described in that certain Quitclaim Deed dated July 14, 1976 from Tony Todora to H. M. Lindley and wife, Edith Lindley, filed for record on July 19, 1976 and recorded in Volume 795, Page 446 of the Real Property Records of Denton County, Texas. Said 18.47 acre tract and 4.30 acre tract are commonly known as DCAD Property ID 60825 and DCAD Property ID 36622, respectively. 3. Being a called 6.07 acre tract of land, more or less, situated in the J.F. Meyers Survey, Abstract No. 1699, Denton County, Texas, and being part of a 19.109 acre tract of land, more or less, described in that certain Warranty Deed with Vendor's Lien dated January 5, 2001 from Donald G. Cole Family Limited Partnership to Mark E. Cole and wife, Linda J. Cole, filed for record on January 9, 2001 and recorded in Volume 4750, Page 737 of the Real Property Records of Denton County, Texas. Said 6.07 acre tract, more or less, is commonly known as DCAD Property ID 36611. 4. Being a called 1.21 acre tract of land, more or less, situated in the G. Barb Survey, Abstract No. 208, Denton County, Texas, and being part of a 19.109 acre tract of land, more or less, described in that certain Warranty Deed with Vendor's Lien dated January 5, 2001 from Donald G. Cole Family Limited Partnership to Mark E. Cole and wife, Linda J. Cole, filed for record on January 9, 2001 and recorded in Volume 4750, Page 737 of the Real Property Records of Denton County, Texas. Said 1.21 acre tract, more or less, is commonly known as DCAD Property ID 161448. 5. Being 8.000 acres of land, more or less, situated in the J. F. Myers Survey, Abstract No. 1699, Denton County, Texas, and being more fully described in that certain Cash Warranty Deed dated April 18, 2000 from Donald G. Cole Family Limited Partnership to Mark E. Cole and wife, Linda J. Cole, filed for record on April 18, 2000 and recorded in Volume 4571, Page 1057 of the Real Property Records of Denton County, Texas. Said 8.000 acres, more or less, is commonly known as DCAD Property ID 225537. 6. Being a called 11.829 acre tract of land, more or less, situated in the J.F. Meyers Survey, Abstract No. 1699, Denton County, Texas, and being part of a 19.109 acre tract of land, S:D-LacmiremslMsxllaneaus5l9Wniedaovslexiut+n c - dh2.dw more or less, described in that certain Warranty Deed with Vendor's Lien dated January 5, 2001 from Donald G. Cole Family Limited Partnership to Mark E. Cole and wife, Linda J. Cole, filed for record on January 9, 2001 and recorded in Volume 4750, Page 737 of the Real Property Records of Denton County, Texas. Said 11.829 acre tract, more or less, is commonly known as DCAD Property ID 36605. 7. Being a called 0.82 acre tract of land, situated in the G. Barb Survey, Abstract No. 208 and a called 1.57 acre tract of land, situated in the S. Huizar Survey, Abstract No. 514, and being that portion lying outside of the city limits of 5.111 acres, more or less, described in that certain Warranty Deed with Vendor's Lien dated August 15, 1973 from Maries Marie Hampton, Individually and as Independent Executrix of the Estate of Oakleigh Wade Hampton to James W. Wetzel and wife, Freda J. Wetzel, filed for record on August 17, 1973 and recorded in Volume 683, Page 126 of the Real Property Records of Denton County, Texas. Said 0.82 acre tract, more or less, and said 1.57 acre tract, more or less, are commonly known as DCAD Property ID 36635 and DCAD Property ID 60785, respectively. EXHIBIT D CITY OF DENTON SERVICE PLAN 2010 Annexation L AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAA1, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13 and DH-14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM ROPERTY OWNER TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of. topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: 1. Fire suppression and rescue; 2. Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emergency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre-arrival First Aid instructions; 2. Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective .date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAA1, PAA4, DH-I, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-l 1, DH-13, and DH-14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality.(TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance- Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CIP and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks Playgrounds, Swimming Pools 4 Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. 1. Publicl Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. scour documentslordinances1101dh-3 annexing parcel.doc ORDINANCE NO. AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH-3 OF APPROXIMATELY 421 ACRES (LESS THOSE PARCELS IDENTIFIED IN EXHIBIT "C") LOCATED ON THE SOUTH. SIDE OF SPRING SIDE ROAD; NORTH, SOUTH AND WEST OF CORBIN ROAD; WEST OF I-35, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, AND WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE; EXCLUDING PROPERTIES WITHIN DH-3 SUBJECT TO NON- ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE FROM THE ANNEXATION; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan; and WHEREAS, this annexation is under the annexation procedures for areas exempted from an annexation plan pursuant to Tex. Loc. Gov't Code section 43.052(h); and WHEREAS, the Denton City Council finds that there are fewer than 100 separate tracts of land on which one or more residential dwellings are located on the DH-3 tract in the area to be annexed; and WHEREAS, the Denton City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan as it is now written, or as it may be modified by the City from time to time; and WHEREAS, all required notices, including written notice of intent to annex said area to each property owner, each public entity and each railroad company within said area as required by Section 43.062, Subchapter C-1, Local Government Code, and all public hearings and requirements for such annexation have been had in accordance with applicable law; and WHEREAS, the City has prepared a service plan for the area to be annexed in accordance with Tex. Loc. Gov't Code section 43.056 providing for full municipal services to such area, which service plan was made available to the public and explained at the scheduled public hearings; and WHEREAS, offers of non-annexation development agreements have been made to the owners of all eligible properties within the area to be annexed pursuant to this Ordinance, which properties have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland as required by Section 43.035, Subchapter B, Local Government Code; and scour documentslordinances1101dh-3 annexing parcel.doc WHEREAS, the City Council, by prior action, has approved certain non-annexation agreements executed by eligible property owners within DH-3; and WHEREAS, the City desires to affirm that structures, uses and facilities pre-existing in areas annexed under this Ordinance, or in areas subject to non-annexation agreements within DH-3 approved by prior action, shall be subject to the protections and limitations imposed by §43.002 of the Texas Local Government Code, as well as those protections afforded by Subchapter 11 of the Denton Development Code, to the extent it is applicable; and WHEREAS, under the previously approved non-annexation agreements between an eligible property owner and the City, the lands subject to the agreements retain their extraterritorial status and the owners of such lands must abide by the City's development regulations as if such lands were within the City limits, as provided further in such agreement; and WHEREAS, the land which is adjacent or contiguous to an area subject to a non- annexation agreement is considered adjacent or contiguous to the City for purposes of annexation; and WHEREAS, the City Council of the City of Denton deems it to be in the best interests of the citizens of the City of Denton to annex said territory into the City of Denton, save and except those properties subject to prior approved non-annexation agreements within DH-3; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as DH-3, as described in Exhibit "A", attached hereto and incorporated herein, and as depicted in Exhibit "B," attached hereto and incorporated herein (except that if there is conflict between the Exhibits, "A" shall control), save and except for those properties described in Exhibit "C", which are subject to certain non-annexation agreements, executed by property owners within DH-3 and previously approved by the City, due to their use for agricultural, wildlife management or timberland purposes as described in Section 43.035, Subchapter B, Local Government Code, is hereby ANNEXED to and included within the corporate limits of the City of Denton, Texas. SECTION 3. A service plan prepared in accordance with applicable provisions of state law pertaining to annexation is attached hereto as Exhibit "D" and made a part hereof for all intents and purposes. SECTION 4. The City Manager is hereby authorized and directed to immediately correct the map of the City of Denton by adding thereto the additional territory annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance, and the ETJ resulting from such boundary extensions. Page 2 scour documentslordinances1101dh-3 annexing parcel. doc SECTION S. This Ordinance shall be become effective upon final passage by the City Council. SECTION b. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. Nothing herein should be deemed to repudiate any earlier action by the City relating to approval of any non-annexation agreement associated with properties contained within DH-3. AND IT IS SO ORDERED. Passed by the City Council on 1St reading this day of s 2010. Passed by the City Council on 2nd reading this day of 92010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 3 EXHIBIT A EXHIBIT "A" Annexation Tract DH3 ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows: Ordinance 1969-40 (Tracts I & II), Ordinance 1980-67, Ordinance 1984-63, Ordinance 2001-451, and Ordinance 2006-205 (North Tract); and being more specifically described as follows: DH-3 BEGINNING at a point at the intersection of Underwood and Springside Road as defined in Ordinance 2006-205, North Tract; THENCE in a southerly direction, along the east right-of-way of Underwood as more completely described in Ordinance 2006-205, North Tract, to a point of intersection with the north line of the property described in Ordinance 2001-451; THENCE in a easterly and southeasterly direction, along the north line of the property described in Ordinance 2001-451 to a point of intersection with the westerly line of the property described in Ordinance 69-40, Tract 11; THENCE northeasterly along the westerly line of the property described in Ordinance 69-40, Tract II to a point of intersection with the southerly line of the property described in Ordinance 84-63; THENCE in a west and north direction along the south and west line of the property described in Ordinance 84-63 to a point of intersection with the property described in Ordinance 80-67; THENCE northerly along the west line of the property described in Ordinance 80-67 to a point of intersection with the property described in Ordinance 69-40, Tract 1, being the existing City Limit line; THENCE along the existing City Limit line as described by ordinance 69-40, Tract I to the Point of Beginning. EXHIBIT B City of Denton, Texas DH 3 - 436 Acres FM NICHOLS N W 8 S Feet 0 400 800 9,600 2,400 EXHIBIT C SAOff ~ummetrtslMizcellaneuus1101Anneta¢ons5e~bit c -dh3_d. DH 3 - Exhibit "C" I. Being 76.768 acres of land, more or less, situated in the Jeremiah Dalton Survey, Abstract No. 353, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated September 21, 1982 from Cuauhtemoc Tim Villasana to Fay Charalambopoulos, filed for record on September 22, 1982 and recorded in Volume 1166, Page 235 of the Real Property Records of Denton County, Texas. Said 76.768 acres of land, more or less, is commonly known as DCAD Property ID 37036. 2. Being 3.00 acres of land, more or less, situated in the J. Dalton Survey, Abstract No. 353, Denton County, Texas, and being more fully described in that certain Warranty Deed dated January 31, 2001 from John H. Gandy and Dana P. Gandy to John Scott Gandy and Kena R. Gandy, filed for record on February 1, 2001 and recorded in Instrument Number Volume 4766, Page 1110 of the Real Property Records of Denton County, Texas. Said 3.00 acres of land, more or less, is commonly known as DCAD Property ID 231354. 3. Being 51.367 acres of land, more or less, situated in the T.W. Daugherty Survey, Abstract No. 357, Denton County, Texas, and being more fully described in that Distribution Deed to Estate Beneficiary dated July 19, 2005 from Jessie H. Havenhill, Independent Executor of the Estate of Ralph C. Havenhill, Deceased to Jessie H. Havenhill, Trustee of the Havenhill Family Exempt Trust, filed for record on July 20, 2005 and recorded in Instrument Number 2005-88434 of the Real Property Records of Denton County, Texas. Said 51.367 acres of land, more or less, is commonly known as DCAD Property ID 41547. 4. Being a 3.349 acre tract of land, more or less, situated in the Jeremiah Dalton Survey, Abstract No. 353, Denton County, Texas, and being more fully described in that certain Warranty Deed dated September 5, 1974 from H.L. Handley and wife, Ruby H. Handley to Helen Ann Stults, filed for record on October 2, 1974 and recorded in Volume 723, Page 383 of the Real Property Records of Denton County, Texas; together with an approximate 9.91 acre tract of land conveyed in that certain Warranty Deed dated May 15, 1991 from Ruby H. Handley, Individually and as Heir and Independent Executrix of the Estate of H.L. Handley, Deceased to Helen Ann Stints, filed for record on May 16, 1991 and recorded in Volume 2980, Page 176 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 3.47 acres of land, more or less, situated in the Jeremiah Dalton Survey, Abstract No. 353, Denton County, Texas, and being more fully described in that certain Correction General Warranty Deed dated April 7, 2003 from Helen Ann Stults to Kelli Ann Holdsclaw, fled for record on September 30, 2003 and recorded in Volume 5428, Page 4716 of the Real Property Records of Denton County, Texas. Said 3.47 acres of land, more or less, is commonly known as DCAD Property ID 254159 and DCAD Property ID 254160. The remaining 9.789 acres of land, more or less, is commonly known as DCAD Property ID 37010 and DCAD Property ID 37032. Page I SAOur OacwnentsSMisce]]~eaac5lO5Avn~rions~.e~hi6i[ c - dh3Aa 5. Being 2.408 acres of land, more or less, situated in the Jeremiah Dalton Survey, Abstract No. 353, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated June 30, 1987 from Kenneth Reese Morgan and Jennifer Morgan a/k/a Jennifer Jopling to William Clinton Lynch and wife, Claudia P. Lynch, filed for record on July 2, 1987 and recorded in Volume 2190, Page 507 of the Real Property Records of Denton County, Texas. Said 2.408 acres of land, more or less, is commonly known as DCAD Property ID 37037. 6. Being 15.0469 acres of land, more or less, situated in the J. Dalton Survey, Abstract No. 353, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated November 15, 2000 from Nancy Dee Riley to Jon Michael Riley, filed for record on November 22, 2000 and recorded in Volume 4722, Page 474 of the Real Property Records of Denton County, Texas. Said 15.0469 acres of land, more or less, is commonly known as DCAD Property ID 37012 and DCAD Property ID 37026, respectively. Page 2 EXHIBIT D CITY OF DENTON SERVICE PLAN 2010 Annexation 1. AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAAl, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-l3 and DH-14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection,. including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: 1. Fire suppression and rescue; 2. Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emergency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre-arrival First Aid instructions; 2. Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAAl, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13, and DH-14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CEP and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council_ If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks, Playurounds, Swimming Pools 4 Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. 1. Publicly _Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a terra of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. 5 scour documentslordinances1101dh4 annexing parcei.doc ORDINANCE NO. AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH-4 OF APPROXIMATELY 347 ACRES (LESS THOSE PARCELS IDENTIFIED IN EXHIBITS "C") LOCATED ON THE EAST SIDE OF BONNIE BRAE STREET; WEST OF FORT WORTH DRIVE; EAST AND WEST OF VINTAGE BOULEVARD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, AND WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE; EXCLUDING PROPERTIES WITHIN DH-4 SUBJECT TO NON- ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE FROM THE ANNEXATION; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan; and WHEREAS, this annexation is under the annexation procedures for areas exempted from an annexation plan pursuant to Tex. Loc. Gov't Code section 43.052(h); and WHEREAS, the Denton City Council finds that there are fewer than 100 separate tracts of land on which one or more residential dwellings arc located on the D14-4 tract in the area to be annexed; and WHEREAS, the Denton City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan as it is now written, or as it may be modified by the City from time to time; and WHEREAS, all required notices, including written notice of intent to annex said area to each property owner, each public entity and each railroad company within said area as required by Section 43.062, Subchapter C-1, Local Government Code, and all public hearings and requirements for such annexation have been had in accordance with applicable law; and WHEREAS, the City has prepared a service plan for the area to be annexed in accordance with Tex. Loc. Gov't Code section 43.056 providing for full municipal services to such area, which service plan was made available to the public and explained at the scheduled public hearings; and . WHEREAS, offers of non-annexation development agreements have been made to the owners of all eligible properties within the area to be annexed pursuant to this Ordinance, which properties have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland as required by Section 43.035, Subchapter B, Local Government Code; and s:lour documentslordinancesV Oldh-4 annexing parcel.doc . WHEREAS, the City Council, by prior action, has approved certain non-annexation agreements executed by eligible property owners within DH-4; and WHEREAS, the City desires to affirm that structures, uses and facilities pre-existing in areas annexed under this Ordinance, or in areas subject to non-annexation agreements within DH-4 approved by prior action, shall be subject to the protections and limitations imposed by §43.002 of the Texas Local Government Code, as well as those protections afforded by Subchapter 11 of the Denton Development Code, to the extent it is applicable; and WHEREAS, under the previously approved non-annexation agreements between an eligible property owner and the City, the lands subject to the agreements retain their extraterritorial status and the owners of such lands must abide by the City's development regulations as if such lands were within the City limits, as provided further in such agreement; and WHEREAS, the land which is adjacent or contiguous to an area subject to a non- annexation agreement is considered adjacent or contiguous to the City for purposes of annexation; and WHEREAS, the City Council of the City of Denton deems it to be in the best interests of the citizens of the City of Denton to annex said territory into the City of Denton, save and except those properties subject to prior approved non-annexation agreements within DH-4; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as DH-4, as described in Exhibit "A", attached hereto and incorporated herein, and as depicted in Exhibit "B," attached hereto and incorporated herein (except that if there is conflict between the Exhibits, "A" shall control), save and except for those properties described in Exhibit "C", which are subject to certain non-annexation agreements, executed by property owners within DH-4 and previously approved by the City, due to their use for agricultural, wildlife management or timberland purposes as described in Section 43.035, Subchapter B, Local Government Code, is hereby ANNEXED to and included within the corporate limits of the City of Denton, Texas. SECTION 3. A service plan prepared in accordance with applicable provisions of state law pertaining to annexation is attached hereto as Exhibit "D" and made a part hereof for all intents and purposes. SECTION 4. The City Manager is hereby authorized and directed to immediately correct the map of the City of Denton by adding thereto the additional territory annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance, and the ETJ resulting from such boundary extensions. Page 2 scour documentslordinances1101dh11 annexing parcel.doc SECTION 5. This Ordinance shall be become effective upon final passage by the City Council. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. Nothing herein should be deemed to repudiate any earlier action by the City relating to approval of any non-annexation agreement associated with properties contained within DH-4. AND IT IS SO ORDERED. Passed by the City Council on 1St reading this Passed by the City Council on 2nd reading this ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Du-x-'s ~ ~h k1l ~ ~ s day of , 2010. day of , 2010. MARK A. BURROUGHS, MAYOR Page 3 EXHIBIT A EXHIBIT "A" Annexation Tract DH4 ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation and disannexation ordinances as follows: Ordinance 1969-40 (Tract III), Ordinance 1979-82, Ordinance 1980-1, Ordinance 1991-33 (Tracts 1 & 3), and Ordinance 2001-92; and being more specifically described as follows: DH-4 BEGINNING at a point at the southeast corner of the property described in Ordinance 91-033, Tract 1, being a point at the intersection of Allred Road and Bonnie Brae Road; THENCE North 00° 39' 53" West, 3265.02 feet along Bonnie Brae Road to a point, said point being the northeast corner of the property described in Ordinance 91-033, Tract I, and also being the southeast corner of the property described in Ordinance 91-033, Tract III; THENCE northerly along Bonnie Brae Road to appoint, said point being the southwest corner of the property described in Ordinance 2001-092; THENCE South 89° 29' 08" East, 1700.62 feet along the south line of the property described in Ordinance 2001-092 to a point; THENCE North 88° 46' 32" East, 1502.66 feet along the south line of the property described in Ordinance 2001-092 to a point for a corner; THENCE North 00° 47' 19" West, 2294.14 feet to a point for a corer; THENCE southerly along and near the median of Hickory Creek, a series of meanders totaling approximately 2411.54 feet to a point; THENCE South 20° 31' 17" East, 21.90 feet to a point for a corner, said point being the northwest corner of disannexation tract described in Ordinance 80-1, Tract III; THENCE southwesterly along the north boundary line of the property described in Ordinance 80-1, Tract 111, same being the center of the channel of Hickory Creek to a point for a corner at the intersection of the north boundary line and the west right-of-way line of the Texas and Pacific Railroad; THENCE southwesterly along the right-of-way line of the Texas and Pacific Railroad to a point for a corner, said point being the southeast corner of the property described in Ordinance 80-1, Tract III and the northeast corner of the property described in Ordinance 79-082; THENCE continuing southwesterly along the right-Of-way line of the Texas and Pacific Railroad as described in Ordinance 79-082, to a point for a corner, said corner being the southeast corner of said ordinance and the also being the northeast corner of the property described in Ordinance 69-40, Tract 111; Thence northerly to the Point of Beginning, containing 347 acres, more or less. EXHIBIT B Vintage Blvd. Allred Rd 'i i DIE P:11' F-I 1 j 3 T DH-4 , s r vs 3 8 City of Denton, Texas DH 4 - 347 Acres IrMNICHOLS N WE S Feet 0 400 800 1,600 2,400 EXHIBIT C S-lD- ~CCUmemslL~?~sctllanmus1105AffiexaliOnSlexLibii C - dh4.do DH 4 - Exhibit "C" 1. Being 5.356 acres of land, more or less, situated in the J. Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed dated May 5, 2009 from Donald A. Barlow and Suzanne Barlow to Barlow Revocable Trust, filed for record on May 8, 2009 and recorded in Instrument Number 2009-55359 of the Real Property Records of Denton County, Texas. Said 5.356 acres of land, more or less, is commonly known as DCAD Property ID 166855. 2. Being 7.932 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated January 28, 1994 from Jack Erickson to Don F. Logan and wife, Pat Logan; and Paul Tubbs and wife, Tammy Tubbs, filed for record on February 7, 1994 and recorded in Instrument Number 94-R0010473 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 4.390 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 22, 1998 from Don F. Logan and wife, Patricia A. Logan to Paul A. Tubbs and wife, Tammy D. Tubbs, filed for record on October 26, 1998 and recorded in Volume 4204, Page 547 of the Real Property Records of Denton County, Texas. Said 4.390 acres of land, more or less, is commonly known as DCAD Property ID 200811. 3. Being 7.000 acres of land, more or less, situated in the William Roark Survey, Abstract. No. 1087, Denton County, Texas, and being more fully described in that certain Special Cash Warranty Deed dated September 13, 2000 from Mont L. Wilkes and Emrie A. Wilkes, husband and wife to Timothy T. Sutton and Jeanna M. Sutton, husband and wife, filed for record on September 14, 2000 and recorded in Volume 4674, Page 1217 of the Real Property Records of Denton County, Texas. Said 7.000 acres of land, more or less, is commonly known as DCAD Property ID 227860. 4. Being an 80.133 acre tract of land, more or less, and a 20.00 acre tract of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described as Tract I and Tract II, respectively, in that certain Special Warranty Deed dated August 21, 2000 from Calvary Cathedral, Inc. Ewa Calvary Evangelistic Temple of Fort Worth, Inc. to Mont L. Wilkes and Emrie A. Wilkes, husband and wife, filed for record on August 25, 2000 and recorded in Volume 4661, Page 350 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 10.50 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated January 22, 2001 from Mont L. Wilkes and Emrie A. Wilkes, husband and wife to Rodney S. Page 1 S:lOur Uacume[vsSMiscei3a us510L4~etizaons~esW6i[ e-dhh.d- Preston and Kathy A. Preston, filed for record on January 24, 2001 and recorded in Volume 4760, Page 1432 of the Real Property Records of Denton County, Texas. Said 10.50 acres of land, more or less, is commonly known as DCAD Property ID 233817. Additionally SAVE & EXCEPT: 7.000 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Special Cash Warranty Deed dated September 13, 2000 from Mont L. Wilkes and Emrie A. Wilkes, husband and wife to Timothy T. Sutton and Jeanna M. Sutton, husband and wife, filed for record on September 14, 2000 and recorded in Volume 4674, Page 1217 of the Real Property Records of Denton County, Texas. Said 7.000 acres of land, more or less, is commonly known as DCAD Property ID 227860. Additionally SAVE & EXCEPT: 21.543 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain General Warranty Deed with Vendor's Lien dated February 8, 2001 from Mont L. Wilkes and wife, Emrie A. Wilkes to Philip L. Pierce and wife, Deborah D. Pierce, filed for record on February 14, 2001 and recorded in Volume 4775, Page 617 of the Real Property Records of Denton County, Texas. Said 10.50 acres of land, more or less, is commonly known as DCAD Property ID 76883. Additionally SAVE & EXCEPT: 10.710 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Warranty Deed dated March 1, 2001 from Mont L. Wilkes and wife, Emrie A. Wilkes to Jack Brandenburger, filed for record on March 5, 2001 and recorded in Volume 4787, Page 690 of the Real Property Records of Denton County, Texas. Said 10.710 acres of land, more or less, is commonly known as DCAD Property ID 233816. Additionally SAVE & EXCEPT: 11.958 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated February 4, 2002 from Mont L. Wilkes and Emrie A. Wilkes, husband and wife to Bradley A. Burks and wife, Mishelle L. Burks, filed for record on February 20, 2002 and recorded in Volume 5027, Page 1036 of the Real Property Records of Denton County, Texas. Said 11.958 acres of land, more or less, is commonly known as DCAD Property ID 241741. Additionally SAVE & EXCEPT: 0.096 acres of land, more or less, and 0.480 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and described in Tract 2 and Tract 2N, respectively, of that certain Donation Deed dated May 26, 2004 from Mont L. Wilkes and Emrie A. Wilkes to Denton County, Texas, filed for record on June 22, 2004 and Page 2 6;1Omr ~acumenisSN(1scrLanwusi101Aaneraposislezhebit c - dh4.dm recorded in Instrument Number 2004-82062 of the Real Property Records of Denton County, Texas. The remaining called 39.939 acre tract of land, is commonly known as DCAD Property ID 132660. 5. Being 6.008 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed dated December 29, 1997 from Dennis Wayne Smith and wife, Kerri Wray Smith to Jess Youngker, filed for record on December 30, 1997 and recorded in Instrument Number 97-R0090947 of the Real Property Records of Denton County, Texas. Said 6.008 acres of land, more or less, is commonly known as DUD Property ID 166863. 6. Being 3.154 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated March 4, 1993 from Leslie Farmer to Joseph A. Spears and wife, Donna D. Spears, filed for record on March 11, 1993 and recorded in Instrument Number 93-R0014019 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 0.3769 acres of a called 0.775 acre parcel of land, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being described in that certain Donation Deed dated February 10, 2005 from Joseph Spears and Donna D. Spears to Denton County, Texas, filed for record on March 2, 2005 and recorded in Instrument Number 2005-23935 of the Real Property Records of Denton County, Texas. The remaining 2.7771 acres of land, more or less, is commonly known as DCAD Property ID 166864. 7. Being 4.140 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated November 17, 1995 from Jack Erickson to Joseph A. Spears and Donna D. Spears, filed for record on November 21, 1995 and recorded in Instrument Number 95-R0072993 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 0.3981 acres of a called 0.775 acre parcel of land, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being described in that certain Donation Deed dated February 10, 2005 from Joseph Spears and Donna D. Spears to Denton County, Texas, filed for record on March 2, 2005 and recorded in Instrument Number 2005-23935 of the Real Property Records of Denton County, Texas. Page 3 5:10ar DacmnentslMiscel[meansl101Anuesarianslechi8it c . dh4.doc .The remaining 3.7419 acres of land, more or less, is commonly known as DCAD Property ID 166852. 8. Being 5978 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Assumption Warranty Deed dated February 11, 1993 from Bert Gibbs to David P. Norris, filed for record on February 24, 1993 and recorded in Volume 3455, Page 210 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 0.580 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Donation Deed dated February 12, 2005 from David P. Norris and Kathleen Norris to Denton County, Texas, filed for record on March 2, 2005 and recorded in Instrument Number 2005-24107 of the Real Property Records of Denton County, Texas. The remaining 5.398 acres of land, more or less, is commonly known as DCAD Property ID 166860. 9. Being 140.607 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated September 6, 2007 from Richard L. Burch to Burch Family Farm, Ltd., filed for record on September 13, 2007 and recorded in Instrument Number 2007- 110039 of the Real Property Records of Denton County, Texas. Said 140.607 acres of land, more or less, is commonly known as DCAD Property ID 64685. 10. Being 6.266 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Corrected General Assumption Warranty Deed corrected on January 11, 2010, but effective December 19, 2007 from Reichmann Hills of Argyle, LLP to Thomas M. McMurray, filed for record on January 11, 2010 and recorded in Instrument Number 2010-2921 of the Real Property Records of Denton County, Texas. Said 6.226 acres of land, more or less, is commonly known as DCAD Property ID 166866. SAVE & EXCEPT: 0.034 acres of land, more or less, previously conveyed by Donation Deed dated April 7, 2005 from Reichmann Hills of Argyle, L.L.P. to Denton County, Texas, filed for record on April 12, 2005 and recorded in Instrument Number 2005-42653 of the Real Property Records of Denton County, Texas. Page 4 EXHIBIT D .i- CITY OF DENTON SERVICE PLAN 2010 Annexation 1. AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAAl, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13 and DH-14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. H. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furbish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: 1. Fire suppression and rescue; 2. Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to famish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emer enc Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre-arrival First Aid instructions; 2. Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Soli Solid Waste and Recycling Collection . Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PA-A1, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-5, DH-8, DH-10, DH-1I, DH-13, and DH-14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number. 10195 as issued by the Texas Commission on Environmental Qualify (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation, areas on a City wide basis and within the context of the City's CEP and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks Playgrounds, Swimming Pools 4 Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. L Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. L Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. • scour documentslordinancesll Oldh-5 annexing parcel.doc ORDINANCE NO. AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH-5 OF APPROXIMATELY 307 ACRES (LESS THOSE PARCELS IDENTIFIED IN EXHIBIT "C") LOCATED ON THE EAST SIDE OF FORT WORTH DRIVE; WEST SIDE OF COUNTRY CLUB DRIVE; NORTH OF BRUSH CREEK ROAD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, AND WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE; EXCLUDING PROPERTIES WITHIN DH-5 SUBJECT TO NON- ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE FROM THE ANNEXATION; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan; and WHEREAS, this annexation is under the annexation procedures for areas exempted from an annexation plan pursuant to Tex. Loc. Gov't Code section 43.052(h); and WHEREAS, the Denton City Council finds that there are fewer than 100 separate tracts - of land on which one or more residential dwellings are located on the DH-5 tract in the area to be annexed; and WHEREAS, the Denton City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan as it is now written, or as it may be modified by the City from time to time; and WHEREAS, all required notices, including written notice of intent to annex said area to each property owner, each public entity and each railroad company within said area as required by Section 43.062, Subchapter C-1, Local Government Code, and all public hearings and requirements for such annexation have been had in accordance with applicable law; and WHEREAS, the City has prepared a service plan for the area to be annexed in accordance with Tex. Loc. Gov't Code section 43.056 providing for full municipal services to such area, which service plan was made available to the public and explained at the scheduled public hearings; and WHEREAS, offers of non-annexation development agreements have been made to the owners of all eligible properties within the area to be annexed pursuant to this Ordinance, which properties have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland as required by Section 43.035, Subchapter B, Local Government Code; and scour documentslordinances\1O%dh-5 annexing parcel.doc WHEREAS, the City Council, by prior action, has approved certain non-annexation agreements executed by eligible property owners within DH-5; and WHEREAS, the City desires to affirm that structures, uses and facilities pre-existing in areas annexed under this Ordinance, or in areas subject to non-annexation agreements within DH-5 approved by prior action, shall be subject to the protections and limitations imposed by §43.002 of the Texas Local Government Code, as well as those protections afforded by Subchapter I I of the Denton Development Code, to the extent it is applicable; and WHEREAS, under the previously approved non-annexation agreements between an eligible property owner and the City, the lands subject to the agreements retain their extraterritorial status and the owners of such lands must abide by the City's development regulations as if such lands were within the City limits, as provided further in such agreement; and WHEREAS, the land which is adjacent or contiguous to an area subject to a non- annexation agreement is considered adjacent or contiguous to the City for purposes of annexation; and WHEREAS, the City Council of the City of Denton deems it to be in the best interests of the citizens of the City of Denton to annex said territory into the City of Denton, save and except those properties subject to prior approved non-annexation agreements within DH-5; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as DH-5, as described in Exhibit "A", attached hereto and incorporated herein, and as depicted in Exhibit "B," attached hereto and incorporated herein (except that if there is conflict between the Exhibits, "A" shall control), save and except for those properties described in Exhibit "C", which are subject to certain non-annexation agreements, executed by property owners within DH-5 and previously approved by the City, due to their use for agricultural, wildlife management or timberland purposes as described in Section 43.035, Subchapter B, Local Government Code, is hereby ANNEXED to and included within the corporate limits of the City of Denton, Texas. SECTION 3. A service plan prepared in accordance with applicable provisions of state law pertaining to annexation is attached hereto as Exhibit "D" and made a part hereof for all intents and purposes. SECTION 4. The City Manager is hereby authorized and directed to immediately correct the map of the City of Denton by adding thereto the additional territory annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance, and the ETJ resulting from such boundary extensions. Page 2 scour documentslordinances1101dh-5 annexing parcel.doc SECTION 5. This Ordinance shall be become effective upon final passage by the City Council. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. Nothing herein should be deemed to repudiate any earlier action by the City relating to approval of any non-annexation agreement associated with properties contained within DH-5. AND IT IS SO ORDERED. Passed by the City Council on 15t reading this day of , 2010. Passed by the City Council on 2nd reading this day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: , ~ Z LA-, t > Page 3 EXHIBIT A EXHIBIT "A" Annexation Tract DH5 ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation and disannexation ordinances as follows: Ordinance 1965-43 (Tract 4), Ordinance 1969-40 (Tract III), Ordinance 1980-1 (Tracts 1 & 2), Ordinance 1997-130, and Ordinance 2001- 90 (Tract 1); and being more specifically described as follows: DH-5 Tract 1 BEGINNING at a point on the north right-of-way of Brush Creek Road as described in Ordinance 2110-090, Ryan Tract I; THENCE along a series of segments as described in Ordinance 2001-090 as follows; THENCE along the north right-of-way line of Brush Creek Road and thereafter the west right-of-way of FM 1830, approximately 4668.43 feet to a point for a corner; THENCE South 89° 51' 22" West, 500 feet to a point for a corner; THENCE North 00° 08' 3 8" West, 450 feet, to a point for a corner; THENCE South 89° 51' 22" East, 500 feet to a point for a corner, said pint along the west right-of-way line of FM 1830; THENCE northerly along the west right-of-way line of FM 1830, approximately 1241.24 feet to a point for a corner; THENCE westerly approximately 2607 feet to a point for a corner; THENCE north along the west line of the B.B.B. & C.R.R. Co. Survey, Abstract 196, approximately 1004.92 feet to a point for a corner, said point lying in the center of Hickory Creek; THENCE along Hickory Creek to a point for a corner, said corner being on a line Described in Ordinance 65-43 (Tract IV); THENCE southwesterly along the easterly line of the property described in Ordinance 65-43 (Tract M to a point described on Ordinance 80-1 (Tract II); THENCE westerly to the east right-of-way of Fort Worth Drive as described in Ordinance 80-1 (Tract II); THENCE along the east right-of-way of Fort worth Drive as described in Ordinance 80-1 (Tract II) and Ordinance 80-1 (Tract I), to a point for a corner; THENCE easterly along the line described by Ordinance 80-1 (Tract 1) to a point, said point intersecting a line defined by Ordinance 97-130; THENCE North 88° 34' 45" East, 1171.23 to a point for a corner; THENCE North 05° 47' 49" East, 193.72 feet to a point for a corner; THENCE North 88° 38' 45" East, 1240.69 feet to a point for a corner; THENCE southerly to a point, said point being the intersection of a line described by Ordinance 2001-090, Ryan Tract I; THENCE easterly approximately 1320.50 feet to a point for a corner; THENCE southerly approximately 2640 feet to the Point of Beginning. Tract 2 Being the property described in Ordinance 2001-090 as a Save & Except Tract. The following description is as written in the said ordinance. BEGINNING at a point on the north line of Brush Creek Road and on the southerly right- of-way line of FM 1830 and being North 58° 12' 59" East a distance of 20.00 feet from the northwest corner of the tract of land described in the deed from A. E. Wyatt to Fred D. Kurrus being recorded in Volume 598, Page 544, Deed Records of Denton County, Texas; THENCE North 580 12' 80" East along the south right-of-way line of FM 1830 a distance of 323.52 to the beginning of curve to the left having a radius of 617.23 feet; THENCE with said curve to the left having an arc length of 443.28 feet and a chord bearing of North 37° 38' 31' East a distance of 433.82 feet to a point on the southerly right-of-way of FM 1830 and on the west line of the tract of land described in the deed to Sowell Property Partners-Hickory being recorded as County Clerk's File Number 99- R0088518, Real Property Records of Denton County, Texas; THENCE South 00° 54' 46" East along Partners-Hickory tract a distance of 489.39 Brush Creek Road; the west line of the said Sowell Property feet to a point on the north right-of-way of THENCE South 87° 25' 34" West along the north line of Brush Creek Road distance of 548.30 feet to the POINT OF BEGINNING and containing 2.25 acres of land. EXHIBIT B City of Denton, Texas DH 5 - 314 Acres IFNNS ICHOOL N WE S feet 0 400 800 1,600 2,400 EXHIBIT C SAO. Dacumcn~slMisceS]aumuy~tolAnaexatioos5ezhi6i[ c -dhi.do DH 5 - Exhibit "C" 1. Being 3.506 acres of land, more or less, situated in the James W. Withers Survey, Abstract No. 1343, Denton County, Texas, and being more fully described in the first tract described in the first tract of that certain Warranty Deed dated April 3, 2003 from Carroll Oden, Trustee of the Bildaco Trust to Nelda Hackett, filed for record on August 20, 2003 and recorded in Volume 5400, Page 6124 of the Real Property Records of Denton County, Texas. Said 3.506 acres of land, more or less, is commonly known as DCAD Property ID No. 129034. 2. Being that portion lying outside the city limits, of a 220.275 acre tract of land, more or less, situated in the William Roark Survey, Abstract No. 1087; the James Severe Survey, Abstract No. 1164; the B.B.B. & C.R.R- Company Survey, Abstract No. 196; and the J.W. Withers Survey, Abstract No. 1343, Denton County, Texas, and being more fully described in the First Tract of that certain Special Warranty Deed dated September 6, 2007 from Richard L. Burch to Burch Family Farm, Ltd, filed for record on September 13, 2007 and recorded in Instrument Number 2007-110044 of the Real Property Records of Denton. County, Texas. Said 220.275 acres of land, more or less, is commonly known as DCAD Property ID 64687, DCAD Property ID 65694, DCAD Property ID 38760, DCAD Property ID 38139 and DCAD Property ID 220122, respectively. 3. Being 1.457 acres of land, more or less, situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 196 and the J. Withers Survey Abstract No. 1343, Denton County, Texas, and being more fully described in the Second Tract of that certain Special Warranty Deed dated September 6, 2007 from Richard L. Burch to Burch Family Farm, Ltd, filed for record on September 13, 2007 and recorded in Instrument Number 2007-110044 of the Real Property Records of Denton County, Texas. Said 1.457 acres of land, more or less, is commonly known as DCAD Property ID 220123 and DCAD Property ID 524407, respectively. 4. Being 91.760 acres of land, more or less, situated in the James W. Withers Survey, Abstract No. 1343, Denton County, Texas, and being more fully described in the First Tract of that certain Special Warranty Deed dated September 6, 2007 from Richard L. Burch to Burch Family Farm, Ltd., filed for record on September 13, 2007 and recorded in Instrument Number 2007-110040 of the Real Property Records of Denton County, Texas. Said 91.760 acres of land, more or less, is commonly known as DCAD Property ID No. 38144. 5. Being 2.571 acres of land, more or less, situated in the James W. Withers Survey, Abstract No. 1343, Denton County, Texas, and being more fully described in the Second Tract of that certain Special Warranty Deed dated September 6, 2007 from Richard L. Burch to Burch Family Farm, Ltd., filed for record on September 13, 2007 and recorded in Instrument Number 2007-1 1 0040 of the Real Property Records Page 1 5:10ur Document Ntiscellaueau 1101AnuexaaovS~a:Lihit c - &5.doc of Denton County, Texas. Said 2.571 acres of land, more or less, is commonly known as DCAD Property ID No. 524184. Page 2 EXHIBIT D CITY OF DENTON SERVICE PLAN 2010 Annexation - 1. AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAA1, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13 and DH-14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. IL INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: 1. Fire suppression and rescue; 2. Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emergency Medical Service .The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre-arrival First Aid instructions; 2. Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAA1, PAA4, DH-I, DH-2, DH-3, DH-4, DH-5, DH-b, DH-8, DH-10, DH-11, DH-13, and DH-14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience . and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. 3 V^ Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CEP and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks, Playgrounds, Swimming Pools 4 Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. 1. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. M. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. sAour documentslordinances\10\dh-6.doc ORDINANCE NO. AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH-6 OF APPROXIMATELY 9 ACRES LOCATED ON THE EAST SIDE OF TEASLEY LANE, NORTH OF HICKORY CREEK ROAD, WEST OF LIPIZZAN COURT, MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, AND WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C-l, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan; and WHEREAS, this annexation is under the annexation procedures for areas exempted from an annexation plan pursuant to Tex. Loc. Gov't Code section 43.052(h); and WHEREAS, the Denton City Council finds that there are fewer than 100 separate tracts of land on which one or more residential dwellings are located on the DH-6 tract in the area to be annexed; and WHEREAS, the Denton City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan; and WHEREAS, all required notices, including written notice of intent to annex said area to each property owner, each public entity and each railroad company within said area as required by Section 43.062, Subchapter C-1, Local Government Code, and all public hearings and requirements for such annexation have been had in accordance with applicable law; and WHEREAS, the City has prepared a service plan for the area to be annexed in accordance with Tex. Loc. Gov't Code section 43.056 providing for full municipal services to such area, which service plan was made available to the public and explained at the scheduled public hearings; and WHEREAS, no properties within DH-6 have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland; and WHEREAS, the City desires to affirm that structures, uses and facilities preexisting in annexed areas annexed under this Ordinance shall be subject to the protections and limitations imposed by §43.002 of the Texas Local Government Code, as well as those protections afforded by Subchapter 11 of the Denton Development Code, to the extent it is applicable; and WHEREAS, the City Council of the City of Denton deems it to be in the best interests of the citizens of the City of Denton to annex said territory into the City of Denton; NOW, THEREFORE, scow documentslordinances1101dh-6.doc THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as DH-6, as described in Exhibit "A", attached hereto and incorporated herein, and as depicted in Exhibit "B," attached hereto and incorporated herein (except that if there is conflict between the Exhibits, "A" shall control) is hereby ANNEXED to and included within the corporate limits of the City of Denton, Texas. SECTION 3. A service plan prepared in accordance with applicable provisions of state law pertaining to annexation is attached hereto as Exhibit "C" and made a part hereof for all intents and purposes. SECTION 4. The City Manager is hereby authorized and directed to immediately correct the map of the City of Denton by adding thereto the additional territory annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance, and the ETJ resulting from such boundary extensions. SECTION 5. This Ordinance shall be become effective upon final passage by the City Council. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. AND IT IS SO ORDERED. Passed by the City Council on 1 st reading this day of a 2010. Passed by the City Council on 2nd reading this day of 92010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: n. Page 2 EXHIBIT A EXHIBIT "A" Annexation Tract DH6 ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows: Ordinance 1965-43 (Tract III), Ordinance 1999-256, and Ordinance 1999-347; and being more specifically described as follows: DH-6 BEGINNING at a point described in Ordinance 99-256 being on the right-of-way line of FM Road 2181 (Teasley Lane) and being the southwest corner of the property included in this ordinance; THENCE South 84° 37' 55" East, 680.71 feet to a point for a corner; THENCE North 04° 24' 56 East, 680.71 feet to a point for a corner, also being the northeast corner of the property included in this ordinance and being the northwest corner of the property described in Ordinance 99-256; THENCE westerly along a line described in Ordinance 99-347 as being in the center of Nowlin Road, to a point in the east right-of-way of FM 2181 and further being described in Ordinance 99-347 as being the Point of Beginning of said property; THENCE southerly along the east right-of-way line of FM 2181 to the Point of Beginning. EXHIBIT 6 i I I 7 J ~l 1 I E.. ME CO 911 V- 00 N ~F FREESE City of Denton, Texas rmlIMICHOLS DH 6 - 9 Acres N W*E S Feet 0 250 500 1,000 1,500 EXHIBIT C CITY OF DENTON SERVICE PLAN 2010 Annexation 1. AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAA1, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13 and DH-14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including. personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics. of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: 1. Fire suppression and rescue; 2. Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emergency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre-arrival First Aid instructions; 2. Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAA1, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13, and DH-14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's UP and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks, PlayLrrounds, Swimmin- Pools 4 Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in, the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. 1. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III. UNIFORM LEVEL OF SERVICES IS NOT RE UIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. t s:lour documentslordinances1I01dh-S.doc ORDINANCE NO. AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH-8 OF APPROXIMATELY 29 ACRES LOCATED WEST OF OLD EDWARDS ROAD, NORTH AND SOUTH OF EDWARDS ROAD, MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, AND WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan; and WHEREAS, this annexation is under the annexation procedures for areas exempted from an annexation plan pursuant to Tex. Loc. Gov't Code section 43.052(h); and WHEREAS, the Denton City Council finds that there are fewer than 100 separate tracts of land on which one or more residential dwellings are located on the DH-8 tract in the area to be annexed; and WHEREAS, the Denton City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan; and WHEREAS, all required notices, including written notice of intent to annex said area to each property owner, each public entity and each railroad company within said area as required by Section 43.062, Subchapter C-1, Local Government Code, and all public hearings and requirements for such annexation have been had in accordance with applicable law; and WHEREAS, the City has prepared a service plan for the area to be annexed in accordance with Tex. Loc. Gov't Code section 43.056 providing for full municipal services to such area, which service plan was made available to the public and explained at the scheduled public hearings; and WHEREAS, no properties within DH-8 have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland; and WHEREAS, the City desires to affirm that structures, uses and facilities pre-existing in annexed areas annexed under this Ordinance shall be subject to the protections and limitations imposed by §43.002 of the Texas Local Government Code, as well as those protections afforded by Subchapter 11 of the Denton Development Code, to the extent it is applicable; and WHEREAS, the City Council of the City of Denton deems it to be in the best interests of the citizens of the City of Denton to annex said territory into the City of Denton; NOW, THEREFORE, V-~ s:lour documentslordinances1101dh-8.doc THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as DH-8, as described in Exhibit "A", attached hereto and incorporated herein, and as depicted in Exhibit "B," attached hereto and incorporated herein (except that if there is conflict between the Exhibits, "A" shall control) is hereby ANNEXED to and included within the corporate limits of the City of Denton, Texas. SECTION 3. A service plan prepared in accordance with applicable provisions of state law pertaining to annexation is attached hereto as Exhibit "C" and made a part hereof for all intents and purposes. SECTION 4. The City Manager is hereby authorized and directed to immediately correct the map of the City of Denton by adding thereto the additional territory annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance, and the ETJ resulting from such boundary extensions. SECTION 5. This Ordinance shall be become effective upon final passage by the City Council. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. AND IT IS SO ORDERED. Passed by the City Council on i st reading this day of , 2010• Passed by the City Council on 2nd reading this day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY t BY: r Page 2 EXHIBIT A EXHIBIT "A" Annexation Tract DH8 ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows: Ordinance 1978.38, Ordinance 1983-16, Ordinance 1986-15, Ordinance 1986- 218, Ordinance 2004-134 (Tract 1), and Ordinance 2004-135; and being more specifically described as follows: DH-8 BEGINNING at a point described in Ordinance 83-16 and being located on the centerline of a county road and being further described as the southeast corner of the said property; THENCE North 87° 57' 30" West, 995.5 feet along the south property line of the property described in Ordinance 83-16, and being a northerly line of the property included in this Ordinance; THENCE South 4° 13' 44" West, 733.06 to a point on the south right-of-way of Edwards Road and being on the line defining the City Limits as described in Ordinance 78-38; THENCE easterly along the south right-of-line of Edwards Road as described in Ordinance 78-38 and Ordinance 2004-135 to a point described in Ordinance 2004-135 as the intersection with Edwards Road; THENCE southerly along a line described in Ordinance 2004-135 to a point of intersection with the property described in Ordinance 2004-134, Tract 1, and described in Ordinance 2004-134, Tract 1 as the northwest corner of said property; THENCE South 86° 34' 49" East, 511.14 feet to a point for a corner; THENCE South 87° 47' 33" East, 302.42 feet to a point for a corner; THENCE North 02° 11' 11" East, 569.08 feet to a corner identified as southwest corner of the property described in Ordinance 86-218 and the southeast corner of the property described in Ordinance 86-15; THENCE North 86° 08' West, 1331.3 feet along the south boundary line of the property line described in Ordinance 86-15 to a point, same being the southwest corner of the said property; THENCE North 10° 22' West, 505.5 feet along the west boundary of said property to a point for a corner; THENCE North 3° 27', 203.4 feet to the southwest corner of the property described in Ordinance 83-16, also the Point if Beginning. EXHIBIT 6 City of Denton, Texas DH S - 29 Acres VK NICHOLS N W *E S Feet 300 600 1,200 1,800 EXHIBIT C CITY OF DENTON SERVICE PLAN 2010 Annexation 1. AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAA1, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13 and DH-14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: 1. Fire suppression and rescue; 2. Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits_ C. Emer2ency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre-arrival First Aid instructions; 2. Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with. current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be. provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAA1, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13, and DH-14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. 3 Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CIP and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks, Playgrounds, Swimming Pools 4 Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. I. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform. to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. scour documentslordinances1101dh-l0.doc ORDINANCE NO. AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH-10 OF APPROXIMATELY 87 ACRES LOCATED ON THE SOUTH SIDE OF EAST MCKINNEY, EAST AND WEST OF LAKEY CIRCLE, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, AND WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan; and WHEREAS, this annexation is under the annexation procedures for areas exempted from an annexation plan pursuant to Tex. Loc. Gov't Code section 43.052(h); and WHEREAS, the Denton City Council finds that there are fewer than 100 separate tracts of land on which one or more residential dwellings are located on the DH-10 tract in the area to be annexed; and WHEREAS, the Denton City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan; and WHEREAS, all required notices, including written notice of intent to annex said area to each property owner, each public entity and each railroad company within said area as required by Section 43.062, Subchapter C-1, Local Government Code, and all public hearings and requirements for such annexation have been had in accordance with applicable law; and WHEREAS, the City has prepared a service plan for the area to be annexed in accordance with Tex. Loc. Gov't Code section 43.056 providing for full municipal services to such area, which service plan was made available to the public and explained at the scheduled public hearings; and WHEREAS, offers of non-annexation development agreements have been trade to the owners of all eligible properties within the area to be annexed pursuant to this Ordinance, which properties have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland as required by Section 43.035, Subchapter B, Local Government Code; and WHEREAS, no eligible property owners within DH-10 have executed non-annexation agreements; and z scour documentslordinances1101dh-10.doc WHEREAS, the City desires to affirm that structures, uses and facilities pre-existing in areas annexed under this Ordinance shall be subject to the protections and limitations imposed by §43.002 of the Texas Local Government Code, as well as those protections afforded by Subchapter I 1 of the Denton Development Code, to the extent it is applicable; and WHEREAS, the City Council of the City of Denton deems it to be in the best interests of the citizens of the City of Denton to annex said territory into the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as DH-10, as described in Exhibit "A", attached hereto and incorporated herein, and as depicted in Exhibit "B," attached hereto and incorporated herein (except that if there is conflict between the Exhibits, "A" shall control) is hereby ANNEXED to and included within the corporate limits of the City of Denton, Texas. SECTION 3. A service plan prepared in accordance with applicable provisions of state law pertaining to annexation is attached hereto as Exhibit "C" and made a part hereof for all intents and purposes. SECTION 4. The City Manager is hereby authorized and directed to immediately correct the map of the City of Denton by adding thereto the additional territory annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance, and the ETJ resulting from such boundary extensions. SECTION 5. This Ordinance shall be become effective upon final passage by the City Council. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. AND IT IS SO ORDERED. Passed by the City Council on I' reading this day of , 2010. Passed by the City Council on 2nd reading this day of , 2010. MARK A. BURROUGHS, MAYOR Page 2 scour documentslordinances1101dh-10.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: - e~ Page 3 EXHIBIT A EXHIBIT "A" Annexation Tract DH10 ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows: Ordinance 1985-210, Ordinance 1986-129, Ordinance 1986-214, and Ordinance 1999-258; and being more specifically described as follows: DH-10 BEGINNING at a point at the intersection of the property described in Ordinance 86-129 and Ordinance 99-258, being the northeast corner of the property described in Ordinance 99-258; THENCE southeasterly along the south line of the property described in Ordinance 86- 129, to a point on the west line of the property described in Ordinance 85-210; THENCE southerly along the west line of the property described in Ordinance 85-210 to a point designated as US Army Corps of Engineers Monument P-250-W as described in Ordinance 86-214; THENCE South 00° 24' East, 45.5 feet, to a US Army Corps of Engineers Monument P- 249-W, described in Ordinance 86-214; THENCE West 1484.1 feet to a US Army Corps of Engineers Monument P-248-W, said point being on the line of the property described in Ordinance 99-258; THENCE North 03° 56' 40" East to a point at the northeast corner of the property described in Ordinance 99-258, said point being the Point of Beginning EXHIBIT B City of Denton, Texas DH 10 - 87 Acres I17 FREES E N WE S Feet 300 600 1,200 1,800 EXHIBIT C CITY OF DENTON SERVICE PLAN 2010 Annexation 1. AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAA1, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13 and DH-14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM PROPERTY OWNER TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population.density.ofthe areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: 1. Fire suppression and rescue; 2. Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emergency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre-arrival First Aid instructions; 2. Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on. the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAA 1, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13, and DH-14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. 3 Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CIP and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks Pla rounds Swimming Pools 4 Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. 1. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. M. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete.. The City Council may amend the service plan to conform to the changed conditions or subsequent. occurrences pursuant to Texas Local Government Code, Section 43.056. 5 s:lour documentslordinances1101dh-11 annexing parcel.doc ORDINANCE NO. AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH-11 OF APPROXIMATELY 388 ACRES (LESS THOSE PARCELS IDENTIFIED IN EXHIBIT "C") LOCATED SOUTHEAST OF THE INTERSECTION OF MAYHILL ROAD AND MCKINNEY STREET, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, AND WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE; EXCLUDING PROPERTIES WITHIN DH-11 SUBJECT TO NON-ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE FROM THE ANNEXATION; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan; and WHEREAS, this annexation is under the annexation procedures for areas exempted from an annexation plan pursuant to Tex. Loc. Gov't Code section 43.052(h); and WHEREAS, the Denton City Council finds that there are fewer than 100 separate tracts of land on which one or more residential dwellings are located on the DH-11 tract in the area to be annexed; and WHEREAS, the Denton City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan as it is now written, or as it may be modified by the City from time to time; and. WHEREAS, all required notices, including written notice of intent to annex said area to each property owner, each public entity and each railroad company within said area as required by Section 43.062, Subchapter C-1, Local Government Code, and all public hearings and requirements for such annexation have been had in accordance with applicable law; and . WHEREAS, the City has prepared a service plan for the area to be annexed in accordance with Tex. Loc. Gov't Code section 43.056 providing for full municipal services to such area, which service plan was made available to the public and explained at the scheduled public hearings; and WHEREAS, offers of non-annexation development agreements have been made to the owners of all eligible properties within the area to be annexed pursuant to this Ordinance, which properties have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland as required by Section 43.035, Subchapter B, Local Government Code; and scour dmumentslordinances1I01dh-11 annexing parcel.doc WHEREAS, the City Council, by prior action, has approved certain non-annexation agreements executed by eligible property owners within DH-I1; and WHEREAS, the City desires to affirm that structures, uses and facilities pre-existing in areas annexed under this Ordinance, or in areas subject to non-annexation agreements within DH-11 approved by prior action, shall be subject to the protections and limitations imposed by §43.002 of the Texas Local Government Code, as well as those protections afforded by Subchapter 11 of the Denton Development Code, to the extent it is applicable; and WHEREAS, under the previously approved non-annexation agreements between an eligible property owner and the City, the lands subject to the agreements retain their extraterritorial status and the owners of such lands must abide by the City's development regulations as if such lands were within the City limits, as provided further in such agreement; and WHEREAS, the land which is adjacent or contiguous to an area subject to a non- annexation agreement is considered adjacent or contiguous to the City for purposes of annexation; and WHEREAS, the City Council of the City of Denton deems it to be in the best interests of the citizens of the City of Denton to annex said territory into the City of Denton, save and except those properties subject to prior approved non-annexation agreements within DH-11; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference.. SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as DH-11, as described in Exhibit "A", attached hereto and incorporated herein, and as depicted in Exhibit "B," attached hereto and incorporated herein (except that if there is conflict between the Exhibits, "A" shall control), save and except for those properties described in Exhibit "C", which are subject to certain non-annexation agreements, executed by property owners within DH-11 and previously approved by the City, due to their use for agricultural, wildlife management or timberland purposes as described in Section 43.035, Subchapter B, Local Government Code, is hereby ANNEXED to and included within the corporate limits of the City of Denton, Texas. SECTION 3. A service plan prepared in accordance with applicable provisions of state law pertaining to annexation is attached hereto as Exhibit "D" and made a part hereof for all intents and purposes. SECTION 4. The City Manager is hereby authorized and directed to immediately correct the map of the City of Denton by adding thereto the additional territory annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance, and the ETJ resulting from such boundary extensions. Page 2 E sAour documentslordinances1101dh-11 annexing parce3.doc SECTION 5. This Ordinance shall be become effective upon final passage by the City Council. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. Nothing herein should be deemed to repudiate any earlier action by the City relating to approval of any non-annexation agreement associated with properties contained within DH-11. AND IT IS SO ORDERED. Passed by the City Council on I" reading this Passed by the City Council on 2nd reading this ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Y, day of , 2010. day of , 2010. MARK A. BURROUGHS, MAYOR Page 3 EXHIBIT A EXHIBIT "A" Annexation Tract DH11 ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows: Ordinance 1965-43 (Tract I), Ordinance 1973-8, Ordinance 1981-94, Ordinance 1983-18, Ordinance 1983-19, Ordinance 1983-134, Ordinance 1986-13, and Ordinance 1986-129; and being more specifically described as follows: DH-11 BEGINNING at appoint at the intersection of the properties described by Ordinance 65- 43, Tract I and Ordinance 83-134, said point being the southwest corner of the property described in Ordinance 83-134; THENCE southwesterly along the south line of the property described in Ordinance 83- 134 to a point intersecting the west line of the property described in Ordinance 86-13; THENCE South 1 ° 11' 58" East, 78.75 feet to a point for a corner; THENCE South 0° 14' 47" East, 321.99 feet to a point for a corner; THENCE South 1 ° 00' 54" West, 692.37 feet to a point for a corner; THENCE South 88° 07' 49" East, 158.15 feet to a point for a corner; THENCE South 1° 00' 46" East, 798.58 feet to a point for a corner; THENCE South 89° 30' 13" East, 812.67 feet to a point for a corner; THENCE North 1 ° 00' 46 West, 798.58 to a point for a corner; THENCE North 0° 10' 40" East to a point for a corner, said corner being on the south line of the property described in Ordinance 83-134; THENCE southeasterly along the south line of the property described in Ordinance 83- 134 to a point, said point being the southeast corner of the said property and intersecting with the property described in Ordinance 86-129; THENCE southeasterly along the south line of the property described in Ordinance 86- 129, approximately 1790.55 feet to a point for a corner; THENCE southerly along the west line of the property described in Ordinance 86-129 to an intersection with the property described in Ordinance 83-18; THENCE westerly along the center line of Pecan Creek, approximately 535.62 feet, as described in Ordinance 83-18, to a point in the center of Pecan Creek, said point being the southeast corner of the property described in Ordinance 81-094; THENCE along the center line of Pecan Creek, approximately 2317 feet, as described in Ordinance 81-094 to a point for a corner, said point being the southernmost point of the property described in Ordinance 83-19; THENCE along the center line of Pecan Creek, approximately 3454.72 feet, as described in Ordinance 83-19 to a point for a corner; THENCE South 65° 45' 12" East, 96.30 feet, to a point of intersection with the property described in Ordinance 81-94; THENCE North 65° 45' 12" West, 289.86 feet to a point for a comer; THENCE along the center line of Pecan Creek, approximately 2232.33 feet as described in Ordinance 81-94 to a point for a corner; THENCE North 88° 12' West, 31.80 feet to a point for a corner; THENCE South 3° 51' 32" West, 160 feet to appoint for a corner; THENCE North 86° 43' 28" West, 1450 feet to a point for a corner, said point being on the east right-of-way of Mayhill Road; THENCE northerly along the east right-of-way line of Mayhill Road as described in Ordinance 73-08 to a point, said point being the southeast comer of the property described in Ordinance 65-43, Tract I; THENCE northerly along the east side of Mayhill Road as described in Ordinance 65-43, Tract I to the Point of Beginning. EXHIBIT B City of Denton, Texas DH 11 - 387 Acres NICHOLS N W *E S Feet 0 400 800 1,600 2,400 EXHIBIT C S:IOu[AornmeWSlM+sccl~~was1101A®exaUOns 6iLi5 c-dkll.d- DH 11- Exhibit "C" 1. Being all of a 11.387 acre tract of land, more or less, and that portion lying outside the city limits, of a 6.392 acre tract, more or less, situated in the Moreau Forest Survey, Abstract No. 417, Denton County, Texas, and being more fully described in Tract 1 and Tract II, respectively, of that certain Special Warranty Deed dated June 11, 2007 from Deutsche Bank National Trust Company as Trustee for Long Beach Mortgage Loan Trust 2005-3, by Washington Mutual Bank as attorney-in-fact to C.J. Hughes, filed for record on July 9, 2007 and recorded in Instrument Number 2007-80862 of the Real Property Records of Denton County, Texas. Said 11.387 acre tract of land, and that portion lying outside the city limits, of the 6.392 acre tract of land, is commonly known as DCAD Property ID 37312. 2. Being that portion lying outside the city limits, of a 15.473 acres of land, more or less, situated in the Moreau Forest Survey, Abstract No. 417, Denton County, Texas, and being more fully described in that certain General Warranty Deed dated March 28, 2008 from Sukhminder Singh Maan and Jasvir Maan, husband and wife to Jeannene Hughes, filed for record on April 7, 2008 and recorded in Instrument Number 2008-36342 of the Real Property Records of Denton County, Texas. Said portion lying outside the city limits, of a 15.473 acres of land, more or less, is commonly known as DCAD Property ID 273021. 3. Being a called 5.76 acre tract of land, and being that portion lying outside the city limits, of a 6.726 acre tract of land, more or less, situated in the Moreau Forest Survey, Abstract No. 417, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated April 30, 1999 from Lourdes Del Carmen Rodriguez to Ediberto Alfredo Rodriguez, filed for record on May 5, 1999 and recorded in Volume 4332, Page 2735 of the Real Property Records of Denton County, Texas. Said called 5.76 acre tract of land, is commonly known as DCAD Property ID 37314. EXHIBIT D CITY OF DENTON SERVICE PLAN 2010 Annexation 1. AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Four (4) of the 15 areas are primarily located within the. northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAA1, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land- The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13 and DH-14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. II. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance.. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. 1 B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: 1. Fire suppression and rescue; 2. Pre-hospital medical services including triage; treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 5. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emergency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and. pre-arrival First Aid instructions; 2. Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date. of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. F. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAA1, PAA4, DH-1, DH-2, DH-3, DH=4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13, and DH-14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAM annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CIP and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. U. Parrs, PlaylZrounds, Swimming Pools 4 Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. 1. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. I Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III. UNIFORM LEVEL _OF_SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. 5 scour documentslordinancesq Qldh-BAoc ORDINANCE NO. AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH-13 OF APPROXIMATELY 16 ACRES LOCATED ON THE WEST SIDE OF THE INTERSECTION OF NORTH LOCUST STREET AND BOBCAT ROAD, SOUTH OF CHAPARRAL ROAD, MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, AND WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter G1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan; and WHEREAS, this annexation is under the annexation procedures for areas exempted from an annexation plan pursuant to Tex. Loc. Gov't Code section 43.052(h); and WHEREAS, the Denton City Council finds that there are fewer than 100 separate tracts of land on which one or more residential dwellings are located on the DH-13 tract in the area to be annexed; and WHEREAS, the Denton City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan; and WHEREAS, all required notices, including written notice of intent to annex said area to each property owner, each public entity and each railroad company within said area as required by Section 43.062, Subchapter C-1, Local Government Code, and all public hearings and requirements for such annexation have been had in accordance with applicable law; and WHEREAS, the City has prepared a service plan for the area to be annexed in accordance with Tex. Loc. Gov't Code section 43.056 providing for full municipal services to such area, which service plan was made available to the public and explained at the scheduled public hearings; and WHEREAS, no properties within DH-13 have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland; and WHEREAS, the City desires to affirm that structures, uses and facilities pre-existing in annexed areas annexed under this Ordinance shall be subject to the protections and limitations imposed by §43.002 of the Texas Local Government Code, as well as those protections afforded by Subchapter 11 of the Denton Development Code, to the extent it is applicable; and WHEREAS, the City Council of the City of Denton deems it to be in the best interests of the citizens of the City of Denton to annex said territory into the City of Denton; NOW, THEREFORE, sAour documentslordinancesll Oldh-13.doc THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as DH-13, as described in Exhibit "A", attached hereto and incorporated herein, and as depicted in Exhibit "B," attached hereto and incorporated herein (except that if there is conflict between the Exhibits, "A" shall control) is hereby ANNEXED to and included within the corporate limits of the City of Denton, Texas. SECTION 3. A service plan prepared in accordance with applicable provisions of state law pertaining to annexation is attached hereto as Exhibit "C" and made a part hereof for all intents and purposes. SECTION 4. The City Manager is hereby authorized and directed to immediately correct the map of the City of Denton by adding thereto the additional territory annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance, and the ETJ resulting from such boundary extensions. SECTION 5. This Ordinance shall be become effective upon final passage by the City Council. SECTION G. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. AND IT IS SO ORDERED. Passed by the City Council on 1st reading this day of , 2010. Passed by the City Council on 2nd reading this day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 EXHIBIT A EXHIBIT "A" Annexation Tract DH13 ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows: Ordinance 1974-36 (Tract III), and Ordinance 2007-77 (Tract 1); and being more specifically described as follows: DH-13 Tract I BEGINNING at a point on the line of the property described in Ordinance 74-36 (Tract III) and the intersection of a line described in Ordinance 2007-007; THENCE North 89° 06' 18" West, 1294.18 feet to a point for a corner; THENCE North 00° 49' S1" West, 559.86 feet to a point for a corner; THENCE South 89° 00' 42" East, 1189.82 feet to a point for a corner; THENCE South 00° 50' 41" East, 199.76 feet to a point for a corner; THENCE South 89° 02' 57" East, 104.32 feet to a point for a corner; THENCE South to the Point of Beginning Tract 2 BEGINNING at a point described in Ordinance 2007-007, said point being the northeast corner of said property; THENCE easterly 50 feet to the west line of the property described in Ordinance 94-121; THENCE north to a point described in Ordinance 2008-137, said point being the southeast corner of the property described in the said ordinance; THENCE westerly to the Point of Beginning EXHIBIT B City of Denton, Texas DH 13 - 16.2 Acres Tract 1 N WE S r r FREESE MMICHOLS u i iFeet 150 300 600 900 EXHIBIT C ~t CITY OF DENTON SERVICE PLAN 2010 Annexation 1. AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Pour (4) of the 15 areas are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAA1, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH- l3 and DH-14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. 11. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences. in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: 1. Fire suppression and rescue; 2. Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emergency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre-arrival First Aid instructions; 2. Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAA1, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13, and DH-14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality. (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. .3 Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CIP and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks, Playgrounds, Swimming Pools 4 Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. I. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. scour documentslordinance001dh-14 annexing parcetdoc ORDINANCE NO. AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH-14 OF APPROXIMATELY 30 ACRES (LESS THOSE PARCELS IDENTIFIED IN EXHIBIT "C") LOCATED ON THE SOUTH SIDE OF ROBINSON ROAD; EAST OF TEASLEY LANE, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, AND WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE; EXCLUDING PROPERTIES WITHIN DH-14 SUBJECT TO NON-ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE FROM THE ANNEXATION; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan; and WHEREAS, this annexation is under the annexation procedures for areas exempted from an annexation plan pursuant to Tex. Loc. Gov't Code section 43.052(h); and WHEREAS, the Denton City Council finds that there are fewer than 100 separate tracts of land on which one or more residential dwellings are located on the DH-14 tract in the area to be annexed; and WHEREAS, the Denton City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan as it is now written, or as it may be modified by the City from time to time; and WHEREAS, all required notices, including written notice of intent to annex said area to each property owner, each public entity and each railroad company within said area as required by Section 43.062, Subchapter C-1, Local Government Code, and all public hearings and requirements for such annexation have been had in accordance with applicable law; and WHEREAS, the City has prepared a service plan for the area to be annexed in accordance with Tex. Loc. Gov't Code section 43.056 providing for full municipal services to such area, which service plan was made available to the public and explained at the scheduled public hearings; and WHEREAS, offers of non-annexation development agreements have been made to the owners of all eligible properties within the area to be annexed pursuant to this Ordinance, which properties have been appraised for ad valorem tax purposes as land for agricultural,. wildlife management or timberland as required by Section 43.035, Subchapter B, Local Government Code; and scour documentslordinances1101dh-14 annexing parcd,doc WHEREAS, the City Council, by prior action, has approved certain non-annexation agreements executed by eligible property owners within DH-14; and WHEREAS, the City desires to affirm that structures, uses and facilities pre-existing in areas annexed under this Ordinance, or in areas subject to non-annexation agreements within DH-14 approved by prior action, shall be subject to the protections and limitations imposed by §43.002 of the Texas Local Government Code, as well as those protections afforded by Subchapter 1 i of the Denton Development Code, to the extent it is applicable; and WHEREAS, under the previously approved non-annexation agreements between an eligible property owner and the City, the lands subject to the agreements retain their extraterritorial status and the owners of such lands must abide by the City's development regulations as if such lands were within the City limits, as provided further in such agreement; and WHEREAS, the land which is adjacent or contiguous to an area subject to a non- annexation agreement is considered adjacent or contiguous to the City for purposes of annexation; and WHEREAS, the City Council of the City of Denton deems it to be in the best interests of the citizens of the City of Denton to annex said territory into the City of Denton, save and except those properties subject to prior approved non-annexation agreements within DH-14; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as DH-14, as described in Exhibit "A", attached hereto and incorporated herein, and as depicted in Exhibit "B," attached hereto and incorporated herein (except that if there is conflict between the Exhibits, "A" shall control), save and except for those properties described in Exhibit "C", which are subject to certain non-annexation agreements, executed by property owners within DH-14 and previously approved by the City, due to their use for agricultural, wildlife management or timberland purposes as described in Section 43.035, Subchapter B, Local Government Code, is hereby ANNEXED to and included within the corporate limits of the City of Denton, Texas. SECTION 3. A service plan prepared in accordance with applicable provisions of state law pertaining to annexation is attached hereto as Exhibit "D" and made a part hereof for all intents and purposes. SECTION 4. The City Manager is hereby authorized and directed to immediately correct the map of the City of Denton by adding thereto the additional territory annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance, and the ETJ resulting from such boundary extensions. Page 2 scour documentslordinances1101dh-14 annexing parcel.doc SECTION 5. This Ordinance shall be become effective upon final passage by the City Council. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. Nothing herein should be deemed to repudiate any earlier action by the City relating to approval of any non-annexation agreement associated with properties contained within DH-14. AND IT IS SO ORDERED. Passed by the City Council on 1St reading this day of , 2010. Passed by the City Council on 2nd reading this day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 3 EXHIBIT A EXHIBIT "A" Annexation Tract DH14 ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation and disannexation ordinances as follows: Ordinance 1965-43 (Tract 3), Ordinance 1978-28 (Exhibit C), Ordinance 1983-33, Ordinance 1997-51, Ordinance 1999-347, and Ordinance 1999-383; and being more specifically described as follows: DH-14 BEGINNING at a point in the southeast corner of the property described in Ordinance 83-033, said point being near the northeast corner of Teasley Lane and Robinson Road, at the intersection of the property described in Ordinance 65-43 and being 5 feet east of the east right-of-way of Teasley Lane; THENCE westerly along the north right-of-way line of Robinson Road to a point on the line, described in Ordinance 78-28, Exhibit C; THENCE southerly along the line described in Ordinance 78-28, Exhibit C to a point on a line described in Ordinance 97-051; THENCE North 86° 55' 29" West, 680.54 feet as described in the property described in Ordinance 97-501, said point being at the northwest corner of said property and on a line on the east side of the property described in Ordinance 99-347; THENCE north on the east line of the property described in Ordinance 99-347 to a point in the center of Robinson Road as described in said ordinance; THENCE westerly along the centerline of Robinson Road as described in Ordinance 99- 347 to a point being in the northwest corner of said property; THENCE northerly to the Point of Beginning EXHIBIT 6 City of Denton, Texas DH 14 - 30 Acres N W *E S NICHOLS Feet 0 400 800 1,600 2,400 EXHIBIT C S:1Cw DocumwtslMiscellaamusllQlAnnezaUOOSkxhi6il c - dh14.doc DH 14 Exhibit "C" Being 2.50 acres of land, more or less, situated in the B. Merchant Survey, Abstract No..800, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated October 10, 1978 from Thomas T. Kirby, Jr. and wife, Ava Joyce Kirby to Dan Hampton and wife, Melinda S. Hampton, filed for record on October 13, 1978 and recorded in Volume 918, Page 102 of the Real Property Records of Denton County, Texas. Said 2.5 acres of land, more or less, is commonly known as DCAD Property ID No. 38030. Page 1 EXHIBIT D CITY OF DENTON SERVICE PLAN 2010 Annexation 1. AREA ANNEXED The areas to be annexed include approximately 7,480 acres of. land contained in fifteen (15) areas. Pour (4) of the 15 areas are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAA1, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as DH-l, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13 and DH-14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. H. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43,056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to. famish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas.within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: 1. Fire suppression and rescue; 2. Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emergency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre-arrival First Aid instructions; 2. Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to. similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer trains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAA1, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13, and DH-14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on.Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. 3 Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with. the current policies and procedures defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's C1P and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks, Playgrounds, Swimming Pools 4 Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. 1. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the. level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2010 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager SUBJECT Consider nominations/appointments to the City's Boards and Commissions. BACKGROUND The following boards/commissions require nominations: Parks, Recreation and Beautification Board - Mike Simmons has resigned. A nomination is required from Mayor Pro Tem Kamp. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:ACity Secretat)ABoards & Coimn\Agenda Info Sheet for Vacancies 5-4-10.doc