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HomeMy WebLinkAboutJune 7, 2011 AgendaAGENDA CITY OF DENTON CITY COUNCIL June 7, 2011 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, June 7, 2011 at 2:30 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 Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for June 7, 2011. Receive a report and hold a discussion concerning the status of the Denton County Transportation Authority's A-train project and the proposed ribbon cutting events for the A-train stations and Downtown Denton Transit Center. 4. Receive a report, hold a discussion and give staff direction on the FY 2011-12 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. 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 Closed Meeting: A. Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. Receive a presentation, a status report thereon, and discuss, deliberate, consider and take action regarding public power competitive and financial issues and matters regarding the following: a. the recent TMPA implementation of scrubber operations, and b. the February 2, 2011 electrical power outage and the TMPA staff response thereto, and c. the Texas Municipal Power Association (TMPA) financial forecast and the impact thereof on Denton Municipal Electric reserve funds, and City of Denton City Council Agenda June 7, 2011 Page 2 d. the effect of increasing transportation costs of Wyoming coal on TMPA fuel costs and alternatives. B. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Consult with, and provide direction to, City's attorneys on legal issues associated with existing and potential regulation of gas well drilling and exploration within the Denton city limits and extraterritorial jurisdiction, including legal issues and strategies associated with the imposition, calculation and assessment of various local permitting and inspection fees as they relate to gas well drilling and production in the Denton city limits and extraterritorial jurisdiction. C. 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 or the condemnation of a fee simple tract, a temporary constriction easement tract, and a public utility easement tract for the Mayhill Road Widening and Improvements project, affecting real property tract in the M. Forrest Survey, Abstract No. 417, in the City and County of Denton, 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. D. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Consult with City's attorneys regarding status of litigation styled Sutton, et a[ v. Walters, Cause No. 2011-60760-393, currently pending in the 393rd District Court of Denton County, 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. GOVT. 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: City of Denton City Council Agenda June 7, 2011 Page 3 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. OATH OF OFFICE A. Oath of Office - District 3 3. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Presentation of the "Patriotic Employer" award to Lisa Manning by Leon Tribble representing the Employer Support of the Guard and Reserve. 4. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - R). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - R 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 of Denton, Texas approving a Settlement Agreement between the Alliance of Oncor Cities ("AOC") and Oncor Electric Delivery Company LLC ("Oncor" or "Company") regarding the company's statement of intent to change electric rates in all cities exercising original jurisdiction; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the settlement agreement and finding the rates to be set by the attached tariffs to be just and reasonable; finding the city's rate case expenses reasonable; directing Oncor to reimburse the City its reasonable rate case expenses; determining that this ordinance was passed in accordance with the requirements of the Texas Open Meeting Act; repealing any prior ordinances inconsistent with this ordinance and requiring delivery of this ordinance to the company and legal counsel and providing an effective date. B. Consider adoption of an ordinance of the City of Denton, Texas, approving the 2012 Budget of the Denton Central Appraisal District, and providing an effective date. City of Denton City Council Agenda June 7, 2011 Page 4 C. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during Kodifest 2011, a fundraiser held at the North Texas State Fairground on Saturday, June 18, 2011. The concerts will begin at 2:00 p.m. and conclude at 11:00 p.m. This request is for an exception to the sound ordinance for amplified sound past 10:00 p.m. Staff recommends approving the noise exception request. D. Consider a request for an exception to the Noise Ordinance for the purpose of playing music and operating a public address system during the Juneteenth Celebration. The event will be located in the Fred Moore Park on Friday, June 17, 2011, from 5:00 p.m. to 11:00 p.m., and on Saturday, June 18, 2011, from 10:00 a.m. to midnight. This request is for an exception to the hours of operation and for an increase in sound decibels from 70 to 75 decibels for the amplified sound. Staff recommends approving the requests. E. Consider adoption of an ordinance on second reading to voluntarily annex approximately 1.148 acres of land located within the city's Extraterritorial Jurisdiction (ETJ) in accordance with Chapter 43 of the Texas Local Government Code. The site is located on the west side of Country Club Road; just north of the Education Center at Denton; between Ryan Road to the north and Brush Creek Road to the south. The Planning and Zoning Commission recommends approval (5-0). (A11-0001, Burch Property Annexation) F. 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 2011 Action Plan for Housing and Coninninity 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. G. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the National Intergovernmental Purchasing Alliance Company (National IPA) under Section 271.102 of the Local Government Code, to authorize participation in various National IPA contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4730-Interlocal Agreement with the National Intergovernmental Purchasing Alliance Company). H. 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 Area Council of Governments and Buy Board Cooperative Purchasing Network for the acquisition of five vehicles and/or equipment items for various City of Denton Departments by way of Interlocal Agreements with the City of Denton; and providing an effective date (File 4725-Purchase of Vehicles and Equipment for City of Denton awarded to multiple vendors in the amount of $272,019). The Public Utilities Board recommends approval (5-0). City of Denton City Council Agenda June 7, 2011 Page 5 L Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute a First Amendment to a Professional Services Agreement for Audit Services with Weaver and Tidwell, LLP; authorizing the expenditure of funds therefor; and providing an effective date. J. Consider adoption of an ordinance authorizing the City Manager to approve a Third Amendment to an Airport Lease dated September 15, 1987 as amended by Ordinance 2010-297 dated September 7, 2010 and by Ordinance 2011-035 dated March 1, 2011 between the City of Denton, Texas and First Financial Resources, Inc. at the Denton Municipal Airport; and providing an effective date. The City Council Airport Committee recommends approval (3-0). K. Consider adoption of an ordinance of the City of Denton, Texas, providing for (I) a change in the name of Wye Street to "Robertson Street", from the intersection of Wye Street and Robertson Street to the intersection of Wye Street and Mill Street; and (11) providing for a change in the name of Robertson Street to "Jackson Street", from the intersection of Robertson Street and Jackson Street to the intersection of Robertson Street and Morse Street, all as more specifically provided in Exhibit "A", attached thereto; providing for severability and an effective date. L. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a First Amendment to Right of Entry and Possession ("Amendment'), by and between the City of Denton, Texas and the Denton County Transportation Authority ("DCTA"), amending that certain Right of Entry and Possession (the "Original Right of Entry"), by and between the City of Denton and DCTA, dated May 3, 2011, said Amendment providing the right to DCTA to allow retail sales at the Downtown Denton Transit Center ("DDTC"), the DDTC located in the Hiram Sisco Survey, Abstract Number 1184; and providing an effective date. M. Consider approval of the minutes of: April 12, 2011 April 19, 2011 May 3, 2011 May 10, 2011 N. Consider adoption of an ordinance of the City of Denton, Texas setting Planning and Development Fees relating to Gas Well Drilling and Production in the City of Denton and its Extraterritorial Jurisdiction; repealing Section 2 of Ordinance 2010-183; and providing for an effective date. 0. Consider approval of a resolution by the City of Denton requesting the Texas Commission on Environmental Quality to consider implementing control measures for emissions of volatile organic compounds ("VOCs") from development of the Barnett Shale resources as a part of the rate of further progress goals for the 2012 State Implementation Plan for ozone. City of Denton City Council Agenda June 7, 2011 Page 6 P. Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas or his designee, to execute for and on behalf of the City a pipeline crossing agreement, by and between the City of Denton, Texas, and the Union Pacific Railroad Company, relating to the constriction, maintenance and operation of a sanitary sewer pipeline within the railroad right-of-way, located immediately north of said railroad right-of-way's intersection with McKinney Street at Mile Post: 718.95, Choctaw Subdivision within the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City and County of Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date. Q. Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing a Member and a First Alternate to the Board of Directors of the Denton County Transportation Authority; providing a repealer; and providing an effective date. R. Consider a request for an exception to the Noise Ordinance for the purpose of performing live jazz music at the Sweet Y Caf6, located at 511 Robertson Street, on Friday and Saturday, June 17 and 18, 2011, beginning at 7:30 p.m. and concluding at 11:30 p.m. This request is for an extension of hours from 10:00 p.m. to 11:30 p.m. for amplified sound. The amplified sound will remain at the allowable 65 decibels. Staff recommends approval of the request for extending the hours of operation for amplified sound to 11:30 p.m. 5. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda June 7, 2011 Page 7 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 2011 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: June 7, 2011 DEPARTMENT: Transportation Operations A~T ACM: Jon Fortune SUBJECT Receive a report and hold a discussion concerning the status of the Denton County Transportation Authority's A-train project and the proposed ribbon cutting events for the A-train stations and Downtown Denton Transit Center. BACKGROUND Denton County Transportation Authority (DCTA) staff has requested the opportunity to brief the Denton City Council on the status of the A-train constriction project and implementation of revenue rail service between Denton and Carrollton. The briefing will also provide the City Council an update regarding festivities planned for the June 18, 2011, joint Ribbon Cutting event. DCTA staff will facilitate this report with a PowerPoint presentation. The presentation was not available at the time this document was prepared, but it is expected to cover the following topics: A-train • Constriction schedule o Medpark Platform o Downtown Denton Platform o Communication Tower • Vehicle procurement • Rail Testing Schedule • Preliminary Rail Service Schedules • STEP Grant Status • Robertson Realignment and Rename • Hickory Street Sidewalks (City of Denton Staff) Ribbon Cutting • Hebron, Old Town and Highland Village Stations • Medpark Station • Downtown Denton Rail Platform and Downtown Denton Transit Center Respectfully Submitted: Mark Nelson Transportation Director AGENDA INFORMATION SHEET AGENDA DATE: June 7, 2011 DEPARTMENT: Finance AI-L ACM: Jon Fortune YT- SUBJECT Receive a report, hold a discussion, and give staff direction regarding the 2011-12 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. BACKGROUND The purpose of this Work Session item is to provide the City Council with some preliminary information regarding the FY 2011-12 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. The PowerPoint presentation provides a preliminary version of the Five Year Financial Forecast for FY 2011-12. The financial planning process is still in the early stages and, as a result, the forecast should not be considered complete. Over the next several weeks, staff will work to finalize the FY 2011-12 Proposed Budget and Five Year Financial Forecast recommendations. The final version of the financial plan will be submitted to the City Council with the City Manager's recommended budget at the end of July 2011. Key highlights for the General Fund FY 2011-12 Five Year Forecast include: • Higher than anticipated ending fund balance for FY 2009-10. • Ad valorem growth assumption of -2% FY 2011-12, 3% in FY 2012-13, and 4% in the outgoing years of the forecast. • A revised sales tax projection for FY 2010-11, which is expected to be 6.96% above FY 2009-10 receipts. Future year estimates continue to assume 2% annual growth. • Reduction of the FY 2010-11 expenditures associated with the economic development agreement with the Rayzor Ranch development by $1,193,356. The agreement is anticipated to be initiated in FY 2011-12. • Revised estimates for a variety of revenues including service fees, fines and fees, licenses and permits, and investment income. • A proposed one cent tax increase is included in FY 2014-15. In addition, it is proposed that street maintenance funding be significantly increased in FY 2011- 12 by utilizing 1) the growth in franchise fees and 2) savings achieved by the sale of Certificates of Obligation in lieu of revenue bonds for utility projects. The proposed increase in street maintenance is discussed in more detail in the attached presentation. Agenda Information Sheet June 7, 2011 Page 2 In addition to the General Fund, the attached presentation details the preliminary budget information for a number of other key funds in the City. In particular, various rate increases are proposed for the Water, Wastewater and Solid Waste funds. These rate increases are needed to replace aging infrastructure, mitigate the effects of lower revenue estimates, and properly fund reserve balances. The Public Utilities Board (PUB) is still in the process of reviewing the budgets for these funds, and the FY 2011-12 Proposed Budget recommendations will be formally considered on June 27th by the PUB. I want to again emphasize that the information discussed above is preliminary. Staff will be working over the next several weeks to finalize our projections and, as we obtain more data, we will keep the Council fully informed. I look forward to discussing this information in detail with you. If you have any questions, or need additional information, please let me know. EXHIBITS PowerPoint presentation Respectfully Submitted By: Bryan Langley Chief Financial Officer ~ F MR.- ! rd LT p- A -t'ol rvj z n A""t "44 _ r ~W 6. N p p U- CV a) O O 0 0 LL O O D N O O LL U- v } O _ ~ 3 N N 3 N 3 } o W DC -le D DC D 5 DC O N a~ O 0 s 4 d r rl d N cis O ~n N } CL Q .V } 44- s N V O (A - O N s } C;) i N Q O O O N ~ ~ cn Q ~ ~ O ? V ~ ~ -0 o ,N C -Se O N O CL N N Q i Q C;) } i •N } O s N O - O CL N LL = a ' Q o LL LL V) LL 3 3 LL a) 0 _ ~ ° 3 3 $ d = o ° c u 0 CV) Q L(i e , o p ' P e O 0 ~O ~O 0 N o ~O \°M 0 o Q LO K r 0 E 0- D 0 0 0 CN 04 N. 6 11141. 1 0 0 10 CV CN ~ O A v_ ~o b~} O 0 0 - 1 \ CV ( oll O co M O 0 0 1 M CV CN Ol r co M -0 O 1 CN CV CV O co %0 t~4 O 0 0 0 1 10 CV o oll N r co N O to D > 3 O L •a a- Q } 3 o CD H ~ - V) Q E V ~ X m a~ D V/ W 0 J~ V O r- O CV LL V i 3 a~ LL V CL L- 0 N N L V V) U) w Adopted FY 2010-11 GF Long Term Plan (in Milli S) -2% ~ 2012; 3% 2013, ~nd 4% each year after. Includes 1 Cent Tax Increase in FY 2014-1 New Expenses $0.5 $1.0 $1.5 $2.0 ~ _ ~ - - - - ~ - ~z Excess/(Deficit) 1$3.9,1 L$ i .21 L$0.51 L$1.01 L$ ] .41 L$0.41 Effective Fund 21,5% Balance % 15.Q°lo 13.f>°lo 19.6% 1$.$°lo 17.0°lo • • 0 a i 71 r u I I I► C c .0 E . so ~ N D ~m •E O OO N ~LL N W N > - V/ V '0 D -0•0 > s W 0 0 N L 0 s > 0 > 0 E 0 W W ~.L x LU 10 c -1 N ~ 00 0 O~ . 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An Ordinance of the City of Denton, Texas approving a Settlement Agreement between the Alliance of Oncor Cities ("AOC") and Oncor Electric Delivery Company, LLC ("Oncor" or "Company") regarding the Company's Statement of Intent to change electric rates in all cities exercising original jurisdiction; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the Settlement Agreement and finding the rates to be set by the attached tariffs to be just and reasonable; finding the City's rate case expenses reasonable; directing Oncor to reimburse the City it's reasonable rate case expenses; determining that this ordinance was passed in accordance with the requirements of the Texas Open Meeting Act; repealing any prior ordinances inconsistent with this ordinance and requiring delivery of this ordinance to the company and legal counsel and providing an effective date. BACKGROUND On or about January 7, 2011, Oncor Electric Delivery Company LLC ("oncor" or "Company") filed a Statement of Intent to increase rates by approximately $353 million, which equates to an increase of approximately 12.6% overall and an approximate increase of 15% for Residential customers. The City took action on Oncor's Statement of Intent and suspended Oncor's proposed rate increase to allow its special counsel and rate consultants to review Oncor's application. After extensive review by the City's special counsel and rate consultants and other parties in the rate proceeding pending at the Public Utility Commission of Texas ("PUCT"), the parties have reached a Settlement on the increase to be allowed Oncor. COMPARISON OF SETTLEMENT TO ONCOR'S PROPOSED INCREASE Oncor's proposed increase would have resulted in a Residential customer that uses 1,300 kWh per month, seeing an increase in their bill of about $5.00 per month, and as a class the Residential customers would experience an increase of about 15% while the small commercial rate class would see a 13% to 16% increase in base rates, and the large commercial rate class would, see a 5% increase. Also, Oncor's request would increase rates for Lighting services by 26%. Oncor also asked for a return on equity of 11.25%. 1 of 4 s:Alegal\our documentsWorms\ais-final action-oncor rate application.doc Oneor also proposed to recover its costs for vegetation management through a surcharge that would produce an additional $34.6 million per year over its test year amount. The major points of the settlement are as follows: Under the Settlement pending before the PUCT, Oncor's increase in rates is limited to $136.7 million. Additionally, the increase would be implemented in two phases: Phase I would go into effect on July 1, 2011 and would be an increase of $93.7 million; Phase II would go into effect on January 1, 2012 and would increase rates by the remaining $43 million. This minimizes the impact to customers even more as we head into the summer months. • An increase of $136.7 million results in a bill increase of about $1.60 per month for a residential customer using 1,300 kWh per month. This means that the increase in Phase I would be about $1.10 per month and in Phase 11 the increase would be about $0.50 per month for a Residential customer using 1,300 kWh per month. This compares very favorably with the increase Oncor proposed of $5.00 per month. • Oncor agrees to not file a general rate case before July 1, 2013; • The increase to the Lighting class is limited to about 13% (compared to OncoCs proposed increase of 26%). • Oncor's request for a vegetation management surcharge is denied. • Oncor's return on equity is set at 10.25%. • Oncor agreed to pay the City's franchise fees it had withheld based on the PUCT's decision in Docket No. 35717. In Docket No. 35717 the PUCT decided that any franchise fees in excess of a minimum statutory rates were not recoverable through rates. The AOC cities appealed that decision, among other issues, to the Travis County District Court and the court agreed with the AOC cities' position that the higher franchise fee amount was the appropriate fee. As part of the Settlement, the parties agreed that this issue is resolved and that Oncor would pay - retroactively to when it stopped remitting franchise payments at the higher rate - the higher franchise fees. In total, Oncor will remit approximately $22 million to the cities in which it provides service and where it had a franchise agreement calling for the higher fees. This means that the issue of franchise fees will not be tied up in the courts of appeals for the next 3 - 5 years, as could otherwise have occurred absent the Settlement. The City of Denton expects to receive a payment, plus interest, of approximately $4,800.00. 2 of 4 sAlegakour documentsAbrms\ais-final action-oncor rate application.doc ALLIANCE OF ONCOR CITIES The Alliance of Oncor Cities ("AOC") was organized by a number of municipalities, served by Oncor; the Alliance was formerly known as the "Alliance of TXU/Oncor Cities." The law firm of Herrera & Boyle, PLLC (through Mr. Alfred R. Herrera and Mr. Jim Boyle) represented the AOC in a rate case involving Oncor along with rate experts engaged by Herrera & Boyle with AOC's approval. RATE CASE EXPENSES Cities, by statute, are entitled to recover their reasonable rate case expenses from the utility. Under the Settlement, Oncor agrees to reimburse the AOC cities their rate case expenses in the amount of $315,919.26, which includes $225,919.26 in actual attorneys and consultants' fees through March 31, 2011, and an estimated $90,000 in estimated expenses through July 1, 2011 for rate proceedings involving Oncor, including the proceeding to address Oncor's rate case expenses and the appeal of the PUCT's order in Docket No. 35717. FINAL ACTION AND RECOMMENDATION The AOC's special counsel and consultants are of the opinion that the Settlement is a reasonable result and believe that the outcome is well within the range of likely outcomes from a fully litigated proceeding at the PUCT and is one that helps minimize rate case expenses materially, while at the same time resulting in just and reasonable rates. In short, ADC's special counsel and consultants believe the Settlement is a sound result that they recommend be approved. The City must take action no later than June 10, 2011. If the City does not take action by June 10, 2011, Oncor's proposed rates will be deemed approved by operation of law, subject to the City's right to hold hearing to address Oncor's rate application. If the City approves the Settlement and its resulting rates, those rates would be effective on July 1, 2011 for service rendered on and after that date. Further, approval by the City means that Oncor would not submit an appeal of the City's decision to the PUCT, thereby concluding the matter entirely at the City level. An approval by the City brings certainty with regard to the terms and conditions of the Settlement. The PUCT could not change the terrns and conditions of the Settlement as it applies within the City. However, should the City decide it prefers to deny Oncor's application as filed, it may also do so. If the City denies Oncor's application, Oncor would file an appeal to the PUCT and the PUCT would make a final decision on Oncor's rate application, including the terms and conditions of the Settlement. If Oncor appeals to the PUCT, the PUCT has the authority to modify the Settlement as it determines. 3 of 4 Olegal\our documents\forms\ais-final action-oncor rate application.doc Respectfully Submitted: - B John Knight Deputy City Attorney 4 of 4 s:Alegal\our d0cuments\ordinances\1 1\oncor-ordinance adopting settlement-final.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A SETTLEMENT AGREEMENT BETWEEN THE ALLIANCE OF ONCOR CITIES ("AOC") AND ONCOR ELECTRIC DELIVERY COMPANY LLC ("ONCOR" OR "COMPANY") REGARDING THE COMPANY'S STATEMENT OF INTENT TO CHANGE ELECTRIC RATES IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE SETTLEMENT AGREEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; FINDING THE CITY'S RATE CASE EXPENSES REASONABLE; DIRECTING ONCOR TO REIMBURSE THE CITY ITS REASONABLE RATE CASE EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETING ACT; REPEALING ANY PRIOR ORDINANCES INCONSISTENT WITH THIS ORDINANCE AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas ("City") has exclusive original jurisdiction as a regulatory authority over Oncor Electric Delivery Company LLC's ("oncor" or "Company") rates, operations, and services within the City; and WHEREAS, the City is also an electric utility customer of Oncor, and has an interest in Oncor's rates and charges; WHEREAS, Oncor filed a Statement of Intent with the City on or about January 7, 2011 to increase its annual revenue requirement by approximately $353 million on a system-wide basis, which included an increase in residential base rates of approximately 15%, and in Lighting rates of approximately 26%; and WHEREAS, the City took action to suspend the effective date and to coordinate a response to Oncor's filing with other similarly situated municipalities (such participating cities are referred to herein as Alliance of Oncor Cities ("AOC")); and WHEREAS, the City took action on or before February 14, 2011 to suspend the effective date; and WHEREAS, AOC's desire to minimize rate-case expenses that would result from a lengthy contested rate case proceeding before the Public Utility Commission of Texas ("PUCT") and through the appellate process; and WHEREAS, AOC authorized its attorneys and experts to formulate and review reasonable settlement positions to resolve the pending rate increase request; and PAGE 1 of 4 s:Alegal\our documents\ordinances\1 1\oncor-ordinance adopting settlement-fuial.doc WHEREAS, AOC's attorneys met numerous times with the Company to negotiate a Settlement Agreement resolving the issues raised in the Company's Statement of Intent filing; and WHEREAS, after extensive review and analysis, AOC's attorneys and experts found that Oncor's proposed increase in revenue and its proposed rates are unreasonable; and WHEREAS, AOC's attorneys and experts have evaluated what a likely outcome from a fully-litigated proceeding would be and are of the opinion that the increase of approximately $136.7 million noted in the negotiated Settlement Agreement compares favorably with a likely outcome from a fully-litigated proceeding; and WHEREAS, after extensive review and analysis, AOC's attorneys and experts found that the significantly lower increase of approximately $136.7 million set forth in the Settlement Agreement instead of the $353 million increase is reasonable; and WHEREAS, ADC's attorneys and experts recommend that AOC's members approve the negotiated Settlement Agreement and attached tariffs; and WHEREAS, the City as a member of AOC has incurred rate-expenses in the collective amount of $315,919.26 which includes $225,919.26 in actual expenses through March 31, 2011 and $90,000.00 in estimated expenses through July 1, 2011 for rate proceedings involving Oncor, including the proceeding to address Oncor's rate case expenses and the appeal of the Public Utility Commission's final order in Docket No. 35717, are hereby found to be reasonable; and WHEREAS, under the Public Utility Regulatory Act, the City has a right to reimbursement of its reasonable rate-case expenses and Oncor has an obligation to reimburse the City's reasonable rate-case expenses; and WHEREAS, because the final amount of rate case expenses to be reimbursed cannot be know until conclusion of Oncor's rate case proceeding and related proceedings before the DUCT, the final amount of rate case expenses will be subject to adjustment to reflect the actual amount of rate expenses incurred; and WHEREAS, the attached tariffs implementing new rates are consistent with the Settlement Agreement and are just, reasonable, and in the public interest; and WHEREAS, the Settlement Agreement as a whole is in the public interest. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set out in the preamble are in all things approved and incorporated herein as if fully set forth. PAGE 2 of 4 s.A1ega1\0Ur documents\ordin aces\11\oncor-ordinance adopting settlement-final.doc SECTION 2. The City Council finds that the Settlement Agreement, which is attached hereto and incorporated herein as Attachment A, is in the public interest and is hereby endorsed in all respects. SECTION 3. The revenue and resulting rates set forth in the Settlement Agreement and schedule of rates and tariffs for electric service provided by Oncor, which are attached hereto and incorporated herein as Attachment A, are just and reasonable, and are hereby adopted. SECTION 4. The AOC's rate-expenses in the amount of $315,919.26, are hereby found to be reasonable and that Oncor is hereby directed to reimburse AOC's rate case expenses within thirty days from adoption of this Ordinance and that Oncor is hereby authorized to recover through the rates approved by this Ordinance, the amount of rate case expenses found reasonable, subject to adjustment to reflect the actual expenses ultimately incurred, including any related proceedings that addresses rate-case expenses. SECTION 5. To the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. SECTION 6. The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 7. If any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provision of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. SECTION 8. This Ordinance shall become effective from and after its passage with rates authorized by the attached tariffs to be effective for service delivered on or after the earlier of thirty (30) days after a final written order of the Public Utility Commission of Texas approving rates consistent with the Stipulation or July 1, 2011. SECTION 9. A copy of this Ordinance shall be sent to the Company, care of Don J. Clevenger, Oncor Electric Delivery Company LLC, 1601 Bryan Street, Suite 22- 070, Dallas, Texas 75201-3411 and to Mr. Alfred R. Herrera, Herrera & Boyle, PLLC, 816 Congress Ave., Suite 1250, Austin, Texas 78701. PASSED AND APPROVED this day of , 2011. MARK A. BURROUGHS, MAYOR PAGE 3 of 4 s:Alegal\our d0cuments\ordinances\11\oncor-ordinance adopting settlement-final. doe ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: . 4 PAGE 4 of 4 AGENDA INFORMATION SHEET AGENDA DATE: June 7, 2011 DEPARTMENT: Finance Department All ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, approving the 2012 Budget of the Denton Central Appraisal District, and providing an effective date. BACKGROUND The Texas Property Tax Code requires taxing jurisdictions to approve or disapprove their Appraisal District budget within 30 days after its adoption by the Appraisal District's Board of Directors. The Appraisal District's Board of Directors approved the budget on May 19, 2011. The Appraisal District was able to decrease the 2012 Budget because of a decline in the District's debt. The City's preliminary allocation is $370,890.75 for FY 2011-12. This is $1,466.74 lower than last year's allocation of $372,357.49. FISCAL INFORMATION The City's allocation for the Appraisal District's 2012 Budget will be included in the 2011-12 Proposed General Fund Budget. Estimated allocation is $370,890.75. VV UIRITC 1. Proposed 2012 Budget 2. Ordinance Respectfully submitted, Bryan Langley Chief Financial Officer DENTON CENTRAL APPRAISAL DISTRICT 3911 MORSE STREET, P O Box 2816 DENTON, TEXAS 76202-2816 TO: Taxing Jurisdictions Served By Denton CAD and The Denton CAD Board of Directors FROM: Joe Rogers, Chief Appraiser DATE: April 21, 2011 SUBJECT: Proposed 2012 Budget The Chief Appraiser's proposed 2012 budget is hereby submitted. The proposed budget was completed in accordance with the requirements of Texas Property Tax Code Sec. 6.06. A public hearing will be held on the proposed budget at 4:00 PM, on May 19, 2011, in accordance with Code Sec. 6.06 and 6.062. The proposed budget totals $9,929,293.74. This is a $38,930.96 decrease over the 2011 fiscal year budget. This District was able to decrease the 2012 budget because of a decrease in the District's debt. It is important that DCAD maintain the same level of service to the entities and the taxpayers that we have in the past. NOTE: The 2012 budget allocations are estimated amounts. 2010 levies are used for calculation purposes. Please be aware that allocations will change depending on increase/decrease to 2011 levies. PHONE: (940) 566-0904 METRO: (972) 434-2602 FAX: (940) 387-4824 Notice Public C I ~ rl On Denton Central Appraisal ]ro 201 Budget The Denton Central Appraisal District will hold a public hear- ing on a proposed budget for the 2012 fiscal year. The pub- lic hearing will be held on May 19, 2011 at 4:00 P.M. at 3911 Morse Street, Denton, Texas. A summary of the appraisal district budget follows: The total amount of the proposed budget. $9,929,293.74 The total amount of decrease over the current year's budget. ($38,930.96) The number of employees compensated under the proposed budget. 67 The number of employees compensated under the current budget. 67 The appraisal district is supported solely by payments from the local taxing units served by the appraisal district. A copy of the proposed budget is available for public inspec- tion in the office of each of those governing bodies. A copy is also available for public inspection at the appraisal district office. Denton Central Appraisal District 3911 Morse Street Denton, Texas 76208 (940) 349-3800 EH Denton Central Appraisal District 2012 Budget Revenues & Expenses SUMMARY OF 2011 REVENUES AND EXPENSES BUDGET AND COMPARISON TO THE 2012 REVENUES AND EXPENSES BUDGET CLASSIFICATION REVENUES: FUNDING FROM JURISDICTIONS DCAD FUND BALANCE INTEREST INCOME OTHER SERVICES MISCELLANOUS INCOME TOTAL REVENUES EXPENSES: TOTAL BUDGETED EXPENSES TOTAL BUDGET 2011 2012 YEAR YEAR ACCOUNTS 335,859 347,553 BUDGET $9,968,224.70 $9,929,293.74 COST PER PARCEL $29.68 $28.57 2011 2012 BUDGET BUDGET $9,883,224.70 $9,844,293.74 $0.00 $55,000.00 $55,000.00 $20,000.00 $15,000.00 $5,000.00 $15,000.00 $5,000.00 $9,968,224.70 $9,929,293.74 $9,968,224.70 $9,929,293.74 $9,968,224.70 $9,929,293.74 CHANGE PERCENTAGE 11,694 3.48% ($38,930.96) -0.39% $1.111 -3.74% 2012 BUDGET ALLOCATIONS WORKSHEET % OF 2012 2010 TOTAL BUDGET JURISDICTIONS TAX LEVY LEVIES ALLOCATIONS SCHOOL DISTRICTS: SOl ARGYLE ISD 15,161,949.94 1.3007% $128,044.84 S02 AUBREYISD 8,487,495.76 0.7281% $71,678.12 S03 CARROLLTON-FB ISD 37,461,694.37 3.2137% $316,369.37 S04 CELINA ISD 318,735.83 0.0273% $2,691.77 S05 DENTON ISD 145,566,244.65 12.4877% $1,229,327.76 S06 FRISCOISD 60,515,182.85 5.1914% $511,059.37 S07 KRUM ISD 11,496,128.60 0.9862% $97,086.45 SOS LAKE DALLAS ISD 20,498,524.19 1.7585% $173,112.97 S09 LEWISVILLE ISD 324,234,963.27 27.8152% $2,738,210.64 S 10 LITTLE ELM ISD 25,899,556.82 2.2219% $218,725.46 S11 NORTHWEST ISD 64,667,713.56 5.5477% $546,128.09 S12 PILOT POINT ISD 5,653,375.12 0.4850% $47,743.56 S13 PONDER ISD 12,678,719.83 1.0877% $107,073.60 S14 SANGERISD 9,707,417.01 0.8328% $81,980.53 S15 ERA ISD 2,620.51 0.0002% $22.13 S16 SLIDELL ISD 553,062.64 0.0474% $4,670.69 S17 PROSPER ISD 816,788.09 0.0701% $6,897.89 SCHOOL DISTRICTS TOTALS 743,720,173.04 63.8017% $6,280,823.24 GO] DENTON COUNTY 145,355,137.261 1 12.4696%1 1 $1,227,544.92 2012 BUDGET ALLOCATIONS WORKSHEET CITIES: C26 TOWN OF ARGYLE....... 1,612,430.17 0.1383% $13,617.20 CO1 CITY OF AUBREY....... 767,047.79 0.0658% $6,477.83 C31 TOWN OF BARTONVILLE.. 454,925.33 0.0390% $3,841.91 C02 CITY OF CARROLLTON 27,488,423.90 2.3582% $232,143.67 C49 CITY OF CELINA......... 562.02 0.0000% $4.75 C03 CITY OF THE COLONY... 14,578,731.96 1.2507% $123,119.48 C21 TOWN OF COPPELL 674,471.52 0.0579% $5,696.01 C27 TOWN OF COPPER CANYON 541,795.44 0.0465% $4,575.54 C04 CITY OF CORINTH...... 8,196,212.93 0.7031% $69,218.19 C47 CITY OF CORRAL CITY 13,156.02 0.0011% $111.10 C20 CITY OF DALLAS....... 7,363,017.49 0.6317% $62,181.74 C05 CITY OF DENTON....... 43,917,640.10 3.7676% $370,890.75 C42 CITY OF DISH......... 66,418.84 0.0057% $560.92 C30 TOWN OF DOUBLE OAK... 746,401.52 0.0640% $6,303.47 C07 TOWN OF FLOWER MOUND. 30,512,075.45 2.6175% $257,678.84 C36 CITY OF FORT WORTH....... 8,012,001.74 0.6873% $67,662.50 C32 CITY OF FRISCO........ 23,039,457.16 1.9765% $194,571.51 C39 CITY OF GRAPEVINE....... 168.26 0.0000% $1.42 C22 TOWN OF HACKBERRY.... 93,947.30 0.0081% $793.40 C38 CITY OF HASLET........ 2,523.99 0.0002% $21.32 C19 TOWN OF HICKORY CREEK.... 1,308,108.27 0.1122% $11,047.16 C08 CITY OF HIGHLAND VILLAGE...... 9,415,302.02 0.8077% $79,513.57 C09 CITY OF JUSTIN....... 1,309,294.75 0.1123% $11,057.18 C18 CITY OF KRUGERVILLE.. 339,575.82 0.0291% $2,867.77 C10 CITY OF KRUM......... 1,317,160.32 0.1130% $11,123.61 C11 CITY OF LAKE DALLAS.. 2,326,408.29 0.1996% $19,646.85 C25 CITY OF LAKEWOOD VILLAGE..... 188,209.25 0.0161% $1,589.45 C12 CITY OF LEWISVILLE... 28,128,620.76 2.4131% $237,550.23 C13 TOWN OF LITTLE ELM... 9,916,020.19 0.8507% $83,742.21 C33 TOWN OF NORTHLAKE.... 793,277.61 0.0681% $6,699.34 C24 CITY OF OAK POINT.... 1,455,706.19 0.1249% $12,293.65 C14 CITY OF PILOT POINT.. 1,324,558.43 0.1136% $11,186.09 C29 CITY OF PLANO.......... 4,113,020.14 0.3528% $34,735.04 C15 TOWN OF PONDER....... 433,534.08 0.0372% $3,661.26 C48 CITY OF PROSPER 168,750.84 0.0145% $1,425.12 C17 CITY OF ROANOKE...... 3,663,679.92 0.3143% $30,940.30 C16 CITY OF SANGER....... 2,327,928.69 0.1997% $19,659.69 C34 TOWN OF SHADY SHORES 647,695.86 0.0556% $5,469.88 C37 CITY OF SOUTHLAKE....... 574,353.25 0.0493% $4,850.50 C28 CITY OF TROPHY CLUB.. 4,057,201.55 0.3481% $34,263.65 C44 CITY OF WESTLAKE 2,164.94 0.0002% $18.28 241,891,980.10 20.7512%1 1 $2,042,812.38 2012 BUDGET ALLOCATIONS WORKSHEET I SPECIAL D ISTRICTS: ESD1 DENTON CO EMER SER DIST 1,507,135.14 0.1293% $12,727.97 ESD2 TROPHY CLUB PID #1 EM SER 120,155.35 0.0103% $1,014.73 W04 CLEARCREEK WATERSHED AUTHORITY........... 262,338.27 0.0225% $2,215.48 LO1 DENTON COUNTY LEVY IMPROVEMENT DIST #1. 694,587.92 0.0596% $5,865.89 RUD DENTON COUNTY ROAD & UTILITY DISTRICT #1. 1,434,455.42 0.1231% $12,114.18 W03 TROPHY CLUB MUD.#1 1,383,179.55 0.1187% $11,681.15 W10 DENTON CO. FRESH WATER DIST.#1B 2,238,595.73 0.1920% $18,905.26 W I 1 DENTON CO. FRESH WATER DIST.#1C 43,814.96 0.0038% $370.02 W12 DENTON CO. FRESH WATER DIST. #1D 3,213,586.48 0.2757% $27,139.20 W13 DENTON CO. FRESH WATER DIS #6 5,532,500.07 0.4746% $46,722.75 W15 DENTON CO. FRESH WATER DIST. #IE 2,487,775.43 0.2134% $21,009.62 W16 DENTON CO. FRESH WATER DIST. #9 2,354,397.30 0.2020% $19,883.22 W17 DENTON CO. FRESH WATER DIST. #10 2,812,408.20 0.2413% $23,751.19 W18 DENTON CO. FRESH WATER DIST. #8A 405,988.33 0.0348% $3,428.63 W19 DENTON CO. FRESH WATER DIST. #813 1,307,453.17 0.1122% $11,041.63 W20 DENTON CO. FRESH WATER DISTRICT 11A 1,495,716.14 0.1283% $12,631.54 W21 DENTON CO. FRESH WATER DISTRICT #7 1,949,424.82 0.1672% $16,463.17 W22 DENTON CO MUD #4 891,725.00 0.0765% $7,530.75 W23 DENTON CO MUD #5 236,101.90 0.0203% $1,993.91 W24 DENTON CO. FRESH WATER DIST. #8C 1,010,973.58 0.0867% $8,537.82 W25 DENTON CO FRESH WATER DISTRICT 1113 130,143.89 0.0112% $1,099.08 W26 DENTON CO. FRESH WATER 4-A 457,272.52 0.0392% $3,861.73 W27 OAK POINT WATER CONT. #1 119,513.88 0.0103% $1,009.31 W28 OAK POINT WATER CONT. #2 140,401.94 0.0120% $1,185.71 W31 DENTON CO. FRESH WATER DISTRICT IF 1,812,466.64 0.1555% $15,306.54 W34 DENTON CO FRESH WATER DISTRICT 1G 665,793.04 0.0571% $5,622.72 SPECIAL DISTRICTS TOTALS 34,707,904.67 2.9775% $293,113.20 GRAND TOTALS 1,165,675,195.07 100.0000% $9,844,293.74 2012 BUDGET SUMMARY ACCT # ACCOUNT TITLE 2011 2012 BUDGET BUDGET 5100 5110 5120 5130 5140 5150 5160 5200 5210 5220 PERSONNEL SERVICES SALARIES LONGEVITY PAY SOCIAL SECURITY (FICA) RETIREMENT (TCDRS) WORKERS'COMPINSURANCE GROUP HEALTH INSURANCE TOTAL 5100 - PERSONNEL SERVICES EDUCATION & TRAINING MEMBERSHIPS, SUBSCRIPTIONS & DUES TRAINING - SCHOOLS, CONFERENCES, AND TRAVEL TOTAL 5200 - EDUCATION & TRAINING 5300 SERVICES RECEIVED 5310 APPRAISAL REVIEW BOARD 5315 OIL, GAS, HEAVY INDUSTRIAL, AND UTILITY VALUATION 5320 GIS SERVICES 5325 LEGAL SERVICES 5330 AUDIT & PAYROLL PROCESSING 5340 DEEDS, SALES, AND VALUE INFORMATION 5345 AUTO EXPENSE REIMBURSEMENT 5350 GENERAL INSURANCE 5360 PRINTING SERVICE 5370 POSTAGE & FREIGHT 5380 LEGAL NOTICES & ADVERTISING 5390 OFFICE SUPPLIES TOTAL 5300 - SERVICES RECEIVED 5400 UTILITIES & MAINTENANCE 5410 OFFICE EQUIPMENT MAINTENANCE 5420 INFORMATION SERVICES MAINTENANCE 5430 ELECTRICITY, WATER, SEWER, & SOLID WASTE 5440 TELEPHONE 5450 BUILDING & GROUNDS MAINTENANCE TOTAL 5400 - UTILITIES & MAINTENANCE 5500 CAPITAL OUTLAY 5510 FURNITURE & EQUIPMENT 5520 BUILDING & LAND IMPROVEMENTS TOTAL 5500 - CAPITAL OUTLAY 5600 MISCELLANEOUS 5610 CONTINGENCY 5620 MISCELLANEOUS TOTAL 5600 - MISCELLANEOUS 5900 DEBT SERVICE 5910 BUILDING & LAND PAYMENT 5920 EQUIPMENT PAYMENTS TOTAL 5900 - DEBT SERVICE TOTAL ALL DEPARTMENTS: $4,238,863.44 $99,835.00 $358,001.73 $642,422.29 $47,558.87 $808,195.95 $6,194,877.28 $4,356,187.93 $110,220.00 $368,132.99 $662,470.69 $47,696.06 $802,507.13 $6,347,214.80 $25,718.05 $25,918.05 113,384.00 $99,600.00 $139,102.05 $125,518.05 $126,475.00 $126,475.00 $195,000.00 $28,265.00 $200,000.00 $23,780.00 $142,621.20 $385,642.56 $38,931.26 $93,171.82 $211,805.01 $26,000.00 $116,665.00 $1,588,356.85 $28,510.00 $548,629.00 $162,750.00 $101,553.12 $154,855.00 $996,297.12 $100,370.00 $105,000.00 $205,370.00 $99,682.25 $51,830.00 $151,512.25 $88,513.06 $604,196.13 $692,709.19 $195,000.00 $28,265.00 $170,000.00 $23,780.00 $143,315.80 $419,947.68 $38,931.26 $112,331.82 $211,805.01 $26,000.00 $116,665.00 $1,612,516.57 $28,510.00 $546,629.00 $162,750.00 $113,433.12 $154,855.00 $1,006,177.12 $91,720.00 $105,000.00 $196,720.00 $99,682.25 $32,630.00 $132,312.25 $0.00 $508,834.96 $508,834.96 $9,968,224.70 $9,929,293.74 Q N C o 0 ~ N m 1V z # w 0 w 0 0 W K a a Lu z wW ox w a a w D a w O a w 0 O IL w 0 M O m m w M O~ O 01 R O r O O4 N O 0 0 0 O O 0 0 0 0 0 0 10 N O O O O O O O W 0 N 00 O O O n N 0 0 0 0 O O O O , ' O O O O O O N O N O N N O 00 O Oj n O N 0 w n 100 N ~ N V a N O7 po S i0 O~ to V1 O N o O 1A I~ of I N O f00 I M 000 7 O N O n M 0~1 OM (b N o O1 0 {vi w) w r a GOD N N ~ o 0 n O o pNp M o t0 t0 fN M O a Vi f0 { (pp . 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Of N N N N N N N N a N O N H w N w co N woN N 0 Q P trn in z (n ¢ o w ; w w U z C w Q 0 z Q U GOZ Z Z K{' O UZ N Q W FN- > CO w ¢ U' O Zw U' Z Ga Z F- Z m z~ z(Lw ? a z W Z w Qr 1n J U W u LL ~ p g m? E. (n U W W 2 Q g p I- w z -j U O ON 00: N zawy Wz 0 f z <u _9 z z y W v(qN Z ZO l y( m z K>mw p W ¢fUd' N w fa J 0U }a. z(n O zz mJ Q W ZO aa~z SQ U W F..> W = of F W 1 W U LLJ LO U,z K C V)Q > > F- V)J a waU~~ N z z w Q O J G a N fn U O_ 00 ¢w Q~C~ a ~vix w cwiw~ cw>Oyw=>Ww3 (uw) o f rn3 W z v ~Y~ f w ¢ o w a~ OJ G6av ww J N a W y0~LL.U a E g z 0 0 ga W } U=V o z=~ o K J x>Y U K Q'J w? yGtlF a Q` Gt{ M O W O --3 w M c zQ 2 i o 5G8F o M W F J' W x N 0a'z w W IMQ t-~ W 9.4 a z~z W 10 w w Ux z OJ= Z JfwJ~ W z w In F 2 14= t= ad 1= - 0 Fa 7E? H ~a jF ((a,O W PZZ0pIC F ~ LL LLw is ~gzUH O~ F yz0 ~ Fa- 0 F2 -j M JU)0'3 C7 wf~ NQO C9 j40<0aa JO 70? W ( m OF ULL m fUf GmW 0 0 0 0 V0 0 0 O O O 0 0 0 0 0 0 0 1s.y~ 0 0 0 0 0 o0p y 0 ~ 0} ~y 0y ~a 0} 1a 00} 0 0 0 O O O 0 0 0 U O N M 0 0 O N O r N N „M^ N 0 N N N N N N 0 0 10 VI Y7 100 t0O N (OO (O n N N N Y Of Q N N N N h N N h N h 1M0 0 vi N 1M j(S F z W n~. W D m LLl m N O N M O a w r M w N H 0 a M K m N 2012 BUDGET CLASSIFICATION 5100 - PERSONNEL SERVICES 2011 2012 INCREASE OR BUDGET BUDGET DECREASE ACCT #5110 - SALARIES $4,238,863.44 $4,356,187.93 $117,324.49 FULL-TIME SALARIES, SALARY ADJUSTMENTS & $4,356,187.93 PART-TIME SALARIES TOTAL ACCOUNT #5110 $4,356,187.93 ACCT #5120 - LONGEVITY PAY DCAD RECOGNIZES CONTINUED SERVICE WITH LONGEVITY PAY. TOTAL ACCOUNT #5120 $110,220.00 ACCT #5130 - SOCIAL SECURITY (FICA) SOCIAL SECURITY IS CALCULATED ON BOTH FULL AND PART-TIME SALARIES AND LONGEVITY. TOTAL ACCOUNT #5130 ACCT #5140 - RETIREMENT (TCDRS) RETIREMENT IS APPLICABLE ONLY TO FULL-TIME EMPLOYEES. TOTAL ACCOUNT #5140 ACCT #5150 - WORKERS' COMP INSURANCE THE DISTRICT PAYS WORKERS' COMPENSATION PREMIUMS ON ALL FULL AND PART-TIME EMPLOYEES. TOTAL ACCOUNT #5150 ACCT #5160 - GROUP HEALTH INSURANCE GROUP HEALTH INSURANCE IS PROVIDED TO ALL FULL-TIME EMPLOYEES. TOTAL ACCOUNT #5160 TOTAL 6100 - PERSONNEL SERVICES 132.99 $99,835.00 $110,220.00 $10,385.00 $358,001.73 $368,132.99 $10,131.26 $642,422.29 $662,470.69 $20,048.40 $47,558.87 $47,696.06 $137.19 $808,195.95 $802,507.13 ($5,688.82) 13 $6,194,877.28 $6,347,214.80 $152,337.52 2012 BUDGET 5200 - EDUCATION & TRAINING 2011 CLASSIFICATION BUDGET ACCT #5210 - MEMBERSHIPS, SUBSC & DUES THIS ACCOUNT IS CHARGED FOR ALL MEMBERSHIPS AND DUES, AND SUBSCRIPTIONS TO EDUCATIONAL MEDIA. TOTAL ACCOUNT #5210 $25,1 ACCT #5220 - TRAINING - SCHOOLS, CONFERENCES & TRAVEL THIS ACCOUNT IS CHARGED FOR ALL EDUCATIONAL RELATED TRAINING AND TRAVEL. TOTAL ACCOUNT #5220 $99,1 TOTAL 5200 - EDUCATION & TRAINING $25,718.05 $113,384.00 2012 INCREASE OR JDGET DECREASE $25,918.05 $200.00 $99,600.00 ($13,784.00) $139,102.05 $125,518.05 ($13,584.00) 2012 BUDGET 5300 - SERVICES RECEIVED 2011 2012 INCREASE OR BUDGET BUDGET DECREASE ACCT #5310 - APPRAISAL REVIEW BOARC THIS BUDGET ITEM IS CHARGED FOR PAYMENTS TO THE 20 MEMBER ARB PANEL FOR WORK PERFORMED DURING THE MANDATED EQUALIZATION PROCESS. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5310 ACCT #5315 - OIL, GAS, HEAVY INDUSTRIAL, AND UTILITY VALUATI THIS BUDGET ITEM IS FOR CONTRACTED SERVICES. IT IS A BID ITEM. THIS ACCOUNT IS APPLICABLE ONLY TO THE PERSONAL PROPERTY DEPARTMENT. TOTAL ACCOUNT #5315 $195,000.1 ACCT #5320 - GIS SERVICES THIS BUDGET ITEM IS A PRORATED SHARE OF AERIAL COSTS. THIS ACCOUNT IS APPLICABLE ONLY TO THE GIS DEPARTMENT. TOTAL ACCOUNT #5320 ACCT #5325 - LEGAL SERVICES THIS BUDGET ITEM IS CHARGED FOR ALL LEGAL EXPENSES ASSOCIATED WITH DEFENDING VALUES. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5325 ACCT #5330 - AUDIT & PAYROLL PROCESSING THIS BUDGET ITEM IS FOR THE ANNUAL AUDIT AND FOR PAYROLL PROCESSING. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5330 $23,780.00 ACCT #5340 - DEED, SALES, AND VALUE INFORMATION THIS BUDGET ITEM IS CHARGED FOR EXPENSES INCURRED TO OBTAIN OWNERSHIP, SALES AND VALUE INFORMATION. TOTAL ACCOUNT #5340 $143,315.80 ACCT #5345 - AUTO EXPENSE REIMBURSEMENT THIS BUDGET ITEM IS TO COMPENSATE EMPLOYEES FOR THE USE OF THEIR PRIVATELY OWNED VEHICLES DURING THE PERFORMANCE OF THEIR JOB DUTIES. $126,475.00 $126,475.00 $0.00 $195,000.00 $195,000.00 $28,265.00 $28,265.00 $0.00 $0.00 $200,000.00 $170,000.00 ($30,000.00) $23,780.00 $23,780.00 $142,621.20 $143,315.80 $0.00 $694.60 $385,642.56 $419,947.68 $34,305.12 TOTAL ACCOUNT #5345 $419,947.68 2012 BUDGET 5300 - SERVICES RECEIVED (continued) 2011 2012 BUDGET BUDGI INCREASE OR ACCT #5350 - GENERAL INSURANCE ALL INSURANCE EXCEPT GROUP HEALTH AND WORKERS' COMPENSATION IS CHARGED TO THIS ACCOUNT. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5350 ACCT #5360 - PRINTING SERVICES THIS ACCOUNT IS CHARGED FOR ALL ITEMS THAT ARE PRINTED AND MAILED. ITEMS THAT ARE PRINTED AND CONSUMED WITHIN THE BUILDING ARE CHARGED TO OFFICE SUPPLIES. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5360 ACCT #5370 - POSTAGE AND FREIGHT THIS ITEM IS CHARGED FOR ALL ITEMS THAT ARE MAILED. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5370 ACCT #5380 - LEGAL NOTICES & ADVERTISING THIS ACCOUNT IS CHARGED FOR ADVERTISEMENTS IN NEWSPAPERS CONCERNING EXEMPTION MATTERS SUCH AS HOMESTEADS, OVER-65, DISABLED VETERANS, AND PRODUCTIVITY VALUATION MATTERS. OTHER ADVERTISEMENTS HAVE TO DO WITH APPRAISAL REVIEW NOTICES, MISCELLANEOUS, CLASSIFIED ADVERTISING, AND INVITATIONS TO BID. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5380 ACCT #5390 - OFFICE SUPPLIES THE OFFICE SUPPLY BUDGET IS COMPRISED OF EXPENSES INCURRED FOR TRADITIONAL OFFICE SUPPLY ITEMS. TOTAL ACCOUNT #5390 TOTAL 6300 - SERVICES RECEIVED $38,931.26 $38,931.26 $0.00 31.26 $93,171.82 $112,331.82 $19,160.00 12,331.82 $211,805.01 $211,805.01 $0.00 1 $26,000.00 $26,000.00 $0.00 $116,665.00 $116,665.00 $0.00 116.665.00 $1,588,356.85 $1,612,516.57 $24,159.72 2012 BUDGET CLASSIFI 5400 - UTILITIES AND MAINTENANCE 2011 2012 BUDGET BUDGET ACCT #5410 - OFFICE EQUIPMENT MAINTENANCE MAINTENANCE OF ALL OFFICE EQUIPMENT EXCEPT THE PRIMARY COMPUTER, PERIPHERAL DEVICES, AND PERSONAL COMPUTERS IS CHARGED TO THIS ACCOUNT. TOTAL ACCOUNT #5410 $28,510.00 ACCT #5420 - INFORMATION SERVICES MAINTENANCE THIS ACCOUNT IS COMPRISED OF BOTH COMPUTER HARDWARE AND SOFTWARE MAINTENANCE. BOTH ITEMS ARE CHARGED TO THIS ACCOUNT SO THE TOTAL COST OF AUTOMATION MAINTENANCE WILL BE SHOWN IN ONE ACCOUNT. THIS ACCOUNT IS APPLICABLE TO THE INFORMATION SERVICES AND GIS DEPARTMENTS. TOTAL ACCOUNT #5420 $546,629.00 ACCT #5430 - ELECTRICITY, WATER, SEWER AND SOLID WASTE THIS BUDGET ITEM IS FOR THE DISTRICT'S UTILITIES. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5430 $162,750.00 ACCT #5440-TELEPHONE THIS BUDGET ITEM IS FOR THE DISTRICT'S TELEPHONE EXPENSE. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5440 $113,433.12 ACCT #5450 - BUILDING AND GROUNDS MAINTENANCE THIS BUDGET ITEM COMPRISES ALL BUILDING AND GROUNDS MAINTENANCE. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5450 $154,855.00 TOTAL 6400 - UTILITIES AND MAINTENANCE $28,510.00 $28,510.00 INCREASE OR DECREASE $0.00 $548,629.00 $546,629.00 ($2,000.00) $162,750.00 $162,750.00 $0.00 $101,553.12 $113,433.12 $11,880.00 $154,855.00 $154,855.00 $0.00 $996,297.12 $1,006,177.12 $9,880.00 2012 BUDGET 5500 - CAPITAL OUTLAY 2011 2012 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5510 - FURNITURE AND EQUIPMENT $100,370.00 $91,720.00 ($8,650.00) AN ASSET SCHEDULE APPEARS AT THE BACK OF THE BUDGET. TOTAL ACCOUNT #5510 $91,720.00 ACCT #5520 - BUILDING AND LAND IMPROVEMENTS $105,000.00 $105,000.00 $0.00 AN ASSET SCHEDULE APPEARS AT THE BACK OF THE BUDGET. TOTAL ACCOUNT #5520 $105,000.00 TOTAL 5500 - CAPITAL OUTLAY $205,370.00 $196,720.00 ($8,650.00) 2012 BUDGET 5600 - MISCELLANEOUS 2011 BUDGET ACCT #5610 - CONTINGENCY 2012 INCREASE OR BUDGET DECREASE $99,682.25 $99,682.25 $0.00 THE FUNDS IN THIS BUDGET ITEM ARE APPROPRIATED FOR UNANTICIPATED EXPENDITURES. ALL ANTICIPATED EXPENDITURES ARE BUDGETED IN SPECIFIC ACCOUNTS. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5610 ACCT #5620 - MISCELLANEOUS THIS ACCOUNT IS FOR ITEMS THAT WILL NOT FIT WELL IN ANOTHER CATEGORY. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5620 $3 $51,830.00 $32,630.00 ($19,200.00) TOTAL 5600 - MISCELLANEOUS $151,512.25 $132,312.25 ($19,200.00) 2012 BUDGET CLASSIFICATION ACCT #5910 - BUILDING AND LAND PAYMENTS THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICT'S BUILDINGS AND LAND NOTES. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5910 ACCT #5920 - EQUIPMENT PAYMENTS THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICT'S PRIMARY COMPUTER SYSTEM AND EQUIPMENT PAYMENTS. THIS ACCOUNT IS APPLICABLE ONLY TOTHE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5920 TOTAL 5900 - DEBT SERVICE TOTAL BUDGET 5900 - DEBT SERVICE 2011 2012 BUDGET _ BUDGE $88,513.06 INCREASE OR DECREASE $0.00 ($88,513.06) $604,196.13 $508,834.96 ($95,361.17) $692,709.19 $508,834.96 ($183,874.23) $9,968,224.70 $9,929,293.74 $38,930.96 2012 CAPITAL EXPENSES DEPT #101 -ADMINISTRATION (1) MISCELLANEOUS QUANTITY X UNIT PRICE _ $2,000.00 1 $2,000.00 (2) PRINTER FOR DIRECTOR OF FINANCE QUANTITY X UNIT PRICE _ $650.00 1 $650.00 ADMINISTRATION TOTAL = $2,650.00 DEPT #102 - CUSTOMER SERVICE (1) TELEPHONE HEADSETS QUANTITY X UNIT PRICE _ 2 $300.00 $600.00 (2) SMALL LASER COPIERS/PRINTERS QUANTITY UNIT PRICE 2 X $600.00 = $1,200.00 (3) SCANNERS QUANTITY UNIT PRICE 1 X $2,100.00 = $2,100.00 (4) ELECTRIC STAPLER QUANTITY UNIT PRICE 1 X $140.00 = $140.00 CUSTOMER SERVICE TOTAL = $4,040.00 DEPT #104 INFORMATION SERVICES PERSONAL COMPUTERS (1) PC'S, MONITORS, VIDEO CARDS = $5,500.00 (2) HARDWARE UPGRADES = $5,500.00 STORAGE AREA NETWORK (1) EXPANSION AND UPGRADES = $47,000.00 (covers primary and DRC storage) MISC EQUIPMENT = $5,000.00 INFORMATION SERVICES TOTAL $63,000.00 DEPT #105 - OVERHEAD (1) MISCELLANEOUS QUANTITY UNIT PRICE 1 X $ 5,000.00 = $5,000.00 (2) REMODEL PROJECTS AT 3901 AND 3911 MORSE STREET = $105,000.00 OVERHEAD TOTAL = $110,000.00 2012 CAPITAL EXPENSES DEPT #102 - COMMERCIAL (1) ELECTRIC STAPLER QUANTITY UNIT PRICE _ $280.00 2 X $140.00 (2) DIGITAL CAMERA (REPLACEMENT) QUANTITY UNIT PRICE _ $300.00 1 X $300.00 (3) DESKTOP PRINTER QUANTITY UNIT PRICE 3 X $300.00 = $900.00 COMMERCIAL TOTAL = $1,480.00 DEPT #202 - SALES AND RESEARCH (1) MISCELLANEOUS QUANTITY UNIT PRICE 1 X $ 2,000.00 = $2,000.00 (2) LATERAL FILE CABINET QUANTITY UNIT PRICE 1 X $ 800.00 = $800.00 SALES & RESEARCH TOTAL = $2,800.00 DEPT #203 - PERSONAL PROPERTY (1) COLOR PRINTER QUANTITY X UNIT PRICE 1 $1,000.00 $1,000.00 (2) LASER SCANNER QUANTITY X UNIT PRICE 1 $2,100.00 $2,100.00 (3) LASER PRINTER QUANTITY X UNIT PRICE 2 $400.00 $800.00 (4) FURNITURE QUANTITY X UNIT PRICE 1 $800.00 $800.00 PERSONAL PROPERTY TOTAL = $4,700.00 DEPT #204 - RESIDENTIAL (1) DIGITAL CAMERA (REPLACEMENT) QUANTITY UNIT PRICE 2 X $ 300.00 = $600.00 (2) BATTERIES AND CHARGERS FOR CAMERAS QUANTITY UNIT PRICE 1 X $ 250.00 = $250.00 (3) SCANNER QUANTITY UNIT PRICE 2 X $ 2,100.00 = $4,200.00 (5) REPLACEMENT PRINTER QUANTITY UNIT PRICE 2 X $ 1,500.00 = $3,000.00 RESIDENTIAL TOTAL = 2012 SALARY SCHEDULE 2012 DEPT. TITLE SALARIES #101 ADMINISTRATIVE CHIEF APPRAISER $148,801.22 DEPUTY CHIEF APPRAISER $127,675.32 DIRECTOR OF FINANCE $94,804.87 ADMINISTRATIVE ASSISTANT $55,356.96 MAINTENANCE EMPLOYEE $40,982.98 PART-TIME $27,539.17 ADMINISTRATIVE TOTAL: $495,160.52 #102 CUSTOMER SERVICE DIRECTOR OF CUSTOMER SERVICE $94,804.87 EXEMPTION SPECIALIST/TRAINER $53,181.79 CUSTOMER SERVICE SPECIALIST/TRAINER $42,455.99 CUSTOMER SERVICE SPECIALIST $37,102.67 CUSTOMER SERVICE SPECIALIST $37,102.67 CUSTOMER SERVICE SPECIALIST $37,102.67 CUSTOMER SERVICE SPECIALIST $37,102.67 CUSTOMER SERVICE SPECIALIST $37,102.67 PART TIME $10,817.60 APPRAISAL SUPPORT TOTAL : $386,773.62 #104 INFORMATION SERVICES DIRECTOR INFORMATION SERVICES $124,853.23 SYSTEM ADMINISTRATOR $77,393.83 DATABASE ADMINISTRATOR $73,545.13 IS SUPPORT ANALYST $59,811.56 GIS ANALYST $57,021.36 MAPPING TECHNICIAN II $39,043.77 MAPPING TECHNICIAN II $39,043.77 CUSTOMER SERVICE SPECIALIST $37,102.67 (OPEN) $37,102.67 INFORMATION SERVICES TOTAL : $544,918.00 #105 OVERHEAD SALARY ADJUSTMENTS AND REIMBURSEMENTS $162,756.80 #201 COMMERCIAL COMMERCIAL MANAGER $94,804.87 COMMERCIAL SUPERVISOR $77,393.91 COMMERCIAL SUPERVISOR $77,392.89 COMMERCIAL APPRAISER $63,965.11 COMMERCIAL APPRAISER $63,965.11 COMMERCIAL APPRAISER $63,965.11 SR. COMM. APPRAISAL SUPPORT $40,983.53 APPRAISAL SUPPORT $37,102.67 PART TIME $8,346.68 COMMERCIAL TOTAL : $527,919.87 2012 SALARY SCHEDULE (continued) DEPT. TITLE 2012 SALARIES #202 SALES/RESEARCH DEPARTMENT SALES & RESEARCH MANAGER $94,804.87 SALES & RESEARCH SUPERVISOR $77,394.09 ARB/SUPPLEMENT COORDINATOR $59,811.49 SALES & RESEARCH APPRAISER $63,964.46 RESEARCH ANALYST $55,008.82 APPRAISAL SUPPORT $37,102.67 PART TIME $21,356.59 $409,443.00 #203 PERSONAL PROPERTY PERSONAL PROPERTY MANAGER $94,804.87 PERSONAL PROPERTY SUPERVISOR $77,393.91 PERSONAL PROPERTY APPRAISER $63,964.48 PERSONAL PROPERTY APPRAISER $63,964.48 PERSONAL PROPERTY APPRAISER $63,964.48 LEASING/APPRAISAL SUPPORT $42,456.20 SR. APPRAISAL SUPPORT $40,983.87 APPRAISAL SUPPORT $37,102.67 PART TIME $33,672.28 PERSONAL PROPERTY TOTAL : $518,307.23 #204 RESIDENTIAL RESIDENTIAL MANAGER $94,804.87 RESIDENTIAL SUPERVISOR $73,545.37 RESIDENTIAL SUPERVISOR $73,545.37 SENIOR APPRAISER $61,215.60 SENIOR APPRAISER $61,215.60 SENIOR APPRAISER $61,215.60 SENIOR APPRAISER $61,215.60 SENIOR APPRAISER $61,215.60 RESIDENTIAL APPRAISER IV $59,787.60 RESIDENTIAL APPRAISER IV $59,787.60 RESIDENTIAL APPRAISER IV $59,787.60 RESIDENTIAL APPRAISER IV $59,787.60 RESIDENTIAL APPRAISER IV $59,787.60 RESIDENTIAL PROPERTY APPRAISER $55,356.96 RESIDENTIAL PROPERTY APPRAISER $55,356.96 RESIDENTIAL PROPERTY APPRAISER $51,749.75 SENIOR APPRAISAL SUPPORT $42,455.86 APPRAISAL SUPPORT $37,102.67 APPRAISAL SUPPORT $37,102.67 APPRAISAL SUPPORT $37,102.67 APPRAISAL SUPPORT $37,102.67 APPRAISAL SUPPORT $37,102.67 APPRAISAL SUPPORT $37,102.67 PART-TIME $36,461.77 RESIDENTIAL TOTAL: $1,310,908.90 TOTAL SALARIES; 4,356,1 7.92 sAlegal\our documents\ordinances\11\2011 - 2012 den central appraisal dist budget. doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 2012 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 2012 proposed budget of the Denton Central Appraisal District was submitted to the City of Denton on May 9, 2011; and WHEREAS, the proposed budget contains a list showing each proposed position, the proposed salary for the position, all benefits proposed for the position, each proposed capital expenditure, and an estimate of the amount of the budget that will be allocated to the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council, pursuant to Article 6.06 of the Texas Tax Code, approves the 2012 proposed budget of the Denton Central Appraisal District. SECTION 2. The City Council approves the expenditure of funds for the City of Denton's annual allocation of the 2012 Denton Central Appraisal District's proposed budget. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: f l~9"'" AGENDA INFORMATION SHEET AGENDA DATE: June 7, 2011 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 Kodifest 2011, a fundraiser held at the North Texas State Fairground on Saturday, June 18, 2011. The concerts will begin at 2:00 p.m. and conclude at 11:00 p.m. This request is for an exception to the sound ordinance for amplified sound past 10:00 p.m. Staff recommends approving the noise exception request. BACKGROUND This is the second year for the event organizers of Kodifest to host a fundraising event that helps pay medical expenses for children with cancer. Activities will include several bands participating in live concerts, an auction, bounce houses, and activities for the entire family. The sound will not exceed the allowable 70 decibels. RECOMMENDATION Staff recommends approving the noise exception request for amplified sound after 10:00 p.m. City Council approved the noise exception request for the Kodifest 2010 event. EXHIBITS 1. Letter of Request Respectfully submitted: m - . Emerson Vorel, Director Parks and Recreation Department Prepared by: Janie McLeod Community Events Coordinator to/ P. O. Box 579 Sanger, Tx 76266 Phone 817-925-9322 Fax 940-458-5562 Web: caaauctions.com Janie McLeod Community Events Coordinator City Hall East 601 E. Hickory, Suite B Denton, Tx 76205 Dear Ms. McLeod, I would like to request a noise exception for the North Texas Fairgrounds for Saturday June 18, 2011 from 2 PM until 11PM. The event is a fundraiser for Cooks Children's Hospital and Kodifest 2011 to raise funds for Pediatric Cancer. The event will feature live music, live auction and family activities. ;ccee y, ter, Chairm an t 20111 AGENDA INFORMATION SHEET AGENDA DATE: June 7, 2011 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of playing music and operating a public address system during the Juneteenth Celebration. The event will be located in the Fred Moore Park on Friday, June 17, 2011, from 5:00 p.m. to 11:00 p.m., and on Saturday, June 18, 2011, from 10:00 a.m. to midnight. This request is for an exception to the hours of operation and for an increase in sound decibels from 70 to 75 decibels for the amplified sound. Staff recommends approving the requests. BACKGROUND The Juneteenth Celebration committee has submitted a request to allow the use of amplified sound for live musical performances after 10:00 p.m. and for an increase in decibels from 70 decibels to 75 decibels. This event commemorates the day, June 19, 1865, when General Gordon Granger informed the slaves of Texas that the Emancipation Proclamation had been signed to make all slaves free. The event will be held in Fred Moore Park on Friday, June 17, 2011, beginning at 5:00 p.m. and concluding at 11:00 p.m.; and on Saturday, June 18, 2011, beginning at 10:00 a.m. and concluding at midnight. The activities on Friday night will include gospel music performed by local churches. Saturday's activities will feature live bands, food vendors, choirs and entertainment, and children activities. PRIOR ACTION/REVIEW City Council has approved the exception to the noise ordinance for Juneteenth Celebrations in the past. EXHIBITS 1. Letter of Request Respectfully submitted: M. ..'x~. Emerson Vorel, Director Parks and Recreation Department Prepared by: Community Events Coordinator FI iON IIIIII P.O. Box 51291, Denton, Texas 76205 (904) 465-4321 May 13, 2011 Janie McLeod, Community Evens Coordinator City of Denton Parks & Recreation Department 601 E. Hickory, Suite B Denton, Texas 76205 Dear Mrs. McLeod The Denton Juneteenth Celebration Committee requesting an exception to the noise ordinance. The exception to the ordinance is for 75 decibels for the following events and times. Juneteenth Gospel Extravaganza Friday, June 17, 2011 5:00 p.m. - 11:00 p.m. Juneteenth Annual Celebration Saturday, June 18, 2011 10:00 a.m. - 12:00 Midnight We thank you for your support. Sincerely, Willie Hudspeth Chair Junetheenth Celebration Committee AGENDA INFORMATION SHEET AGENDA DATE: June 7, 2011 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT- A11-0001, Burch Property Annexation Consider adoption of an ordinance on second reading to voluntarily annex approximately 1.148 acres of land located within the City's Extraterritorial Jurisdiction (ETJ) in accordance with Chapter 43 of the Texas Local Government Code. The site is located on the west side of Country Club Road; just north of the Education Center at Denton; between Ryan Road to the north and Brush Creek Road to the south. The Planning and Zoning Commission recommends approval (5- 0). (A11-0001) BACKGROUND On May 4, 2010, the Denton City Council approved the annexation of approximately 307 acres located within the City's Extraterritorial Jurisdiction (ETJ) and identified as DH-5. At the time of annexation, the subject property was appraised for ad valorem tax purposes as land for agricultural use. Texas Local Government Code (Tx.LGC) §43.035 states that a municipality is prohibited from annexing land appraised for ad valorem tax purposes as land for agriculture use under Chapter 23 of the Texas Tax Code, unless the municipality offers to make a development agreement/non-annexation agreement (NAA) with the landowner under Tx LGC §212.172 and the landowner refuses. As such, the owner of an approximate 220.275 acre property was offered and returned a NAA (See Exhibit 3 for Development Agreement). Section 5A of the agreement, governing the subject property, states that if an owner files any application or plan of development or otherwise commences development of any portion of the property inconsistent with the Development Plan provided in Section 2, then Sections 1 and 3 of the Agreement shall thereupon become null and void. Section 5B of the Agreement states that thereafter any violations, the City may initiate annexation of the property pursuant to Tx LGC Subchapter C-1, or other such provisions governing voluntary annexation of land as may then exist. In accordance with the NAA signed by the property owner, the owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tx LGC Section 43.052, or successor statute. Subsequent to entering into the NAA, the subject 1.148 acre property (being a portion of the aforementioned approximate 220.275- acre property that is subject to the terms and conditions of the NAA), was developed with a parking lot extension for an existing charter school located directly to the south of the subject property. This parking lot development constitutes a violation of the NAA. Therefore, in accordance with Section A and B of the NAA, the agreement is deemed null and void, and staff is proposing annexation proceedings of the 1.148 acre property. The subject site will be platted with and become a part of the adjacent school site to the south. According to the owners of the subject property, they entered into a sixty month surface use lease to allow the subject 1.148 acre property to be used by the school as additional parking for passenger vehicles, buses and permitted external buildings. However, the surface use lease was not presented to the City prior to the annexation. Nonetheless, staff took the lease into account and is therefore, recommending that the original NAA be revised to exclude the 1.148 acre subject property and that only this portion of the 220.275-acre parent property be annexed. ANNEXATION PROCEDURE UNDER TEXAS LOCAL GOVERNMENT CODE FOR AREAS EXEMPTED FROM MUNICIPAL ANNEXATION PLAN Tx.LGC §43.061 establishes the standards by which municipalities must abide with regards to annexation of areas exempted from the municipal annexation plan requirement. The following is a description of the steps that must be followed during the annexation procedure for areas exempt from an annexation plan: 1 Provide written notice of intent to property owners, DISD, railroads and public and private entities, if required; 2 Preparation of the Service Plan; 3 Notice of the hearings is published in the Denton Record-Chronicle and posted on the city's Internet website Provide; 4 City Council holds two (2) public hearings to be held on or after the 40th day, but before the 20th day before the date of the institution of proceedings (Ordinance Readings) at which all interested persons are heard; 5 City Council holds 1st Reading of the Annexation Ordinance; 6 City Council holds 2" d Reading of the Annexation Ordinance and passes the ordinance; 7 Proper post-annexation preclearance and notice is completed. WRITTEN NOTICE AND INTERNET POSTING REQUIRMENT: Written Notice Requirement: Before the 30th day before the date of the first hearing required under Section 43.063, a municipality shall give written notice of its intent to annex the area to (1) each property owner in the affected area, as indicated by the appraisal records furnished by the appraisal district for each county in which the affected area is located: (2) each public entity, as defined by Tx.LGC §43.053, or private entity that provides services in the area proposed for annexation; and (3) each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of-way is in the area proposed for annexation. A "public entity" includes a municipality, county, fire protection service provider, including a volunteer fire department, emergency medical services provider, including a volunteer Page - 2 emergency medical services provider, or a special district, as that term is defined by Tx.LGC §43.052. Id. at Tx.LGC §43.033(a). The City must also provide the written notice to all school districts located in an area to be annexed within the period prescribed for publishing of the first public hearing. The notice must include any financial impact on the district that may result from the annexation and the city's proposal to limit the effects of that financial impact. (Id at Tx.LG( 13.905) Internet Posting Requirement: In addition to the above written notice requirement, since the City has an internet website, the City is required to (1) post notice of the hearings on the municipality's internet website and (2) publish notice of the hearings in a newspaper of general circulation in the municipality and in the area proposed for annexation. SERVICE PLAN: Tx.LGC § 43.065 sets forth the requirements relating to scheduling for the provision of municipal services for areas exempted from a municipal annexation plan. As such, a service plan was prepared and implemented during the annexation proceedings for DH-5. Staff is proposing the same service plan for the annexation of the subject 1.148 acre property. The Service Plan is attached as Exhibit 5. PRIOR ACTION/REVIEW 1. Planning and Zoning Commission 2. City Council First (1s) Public Hearing 3. City Council Second (2"d) Public Hearing 4. City Council First (1s) Reading March 23, 2011 April 5, 2011 April 19, 2011 May 10, 2011 Prepared by: Johnna Matthews Senior Planner Respectfully submitted: Mark Cunningham, AICP Planning Director Page - 3 EXHIBITS 1. Location Map 2. Map of DH-5 3. Development/Non-Annexation Agreement 4. Legal Description 5. Service Plan 6. Annexation Schedule 7. Ordinance Page - 4 EXHIBIT 1 LOCATION MAP Page - 5 EXHIBIT 2 DH-5 F , F Page - 6 EXHIBIT 3 NON-ANNEXATION AGREEMENT AfF:_ r_ _ :Fit 11J Chun JcLI cif Veit I, IF I.X CHAPTER 212 I F \,1'; LOS" AL GO\ I~ E2;1f11F~'T L 1,•L~~I[ it] l amil~. f I.mi, L[d. ("[ui~:;'I 'hm f[ Ia"v ,,IL_I FIFthe h,`_efrair , d FIe II _d IF 1-1 ii/ i[h.r 'f'ropcr in 7LIFUFrL,'I c,uas, F u,LtIIII Y'alt L viii it it pr,rul r. l I F r~,I1 11111' it , tr;', of ltuld, t11ur, rx~, a'Itn[u1'. nI th I i'F, V'iI la1 1 1 Srs n 1115IF_u t F 4 ' F L [i ,I:[:II,' '.rL'' >ltIF I LF and t'r' JtI[FL_-, 51 .1 i'i Luae'. A w_ enton ( ,.nx` I L ~1 .,t hui , * ut~~F~. lull, I I I I C i[I I, LL It 11 i[ 1 1t Ilur.,1 17 r vu 1 ur:i, f r,'L,rLI, nil; 1' rnt, 1 [1, it L:c:S l r u ;rl 01'SentLILIF,cr ,.Iit riL',in In r.l,cn1 `.11 -i it 4 'IU1,r Irk a' ,,Fi:L 'LS IhF City has iawCu r. L, iii[cm -institute annexation for I'u lr ui 1 IF&II 1111 l . I + III' , F11 l :1111: ',S l ',r:Lt 1 i.- firs, 1111 1 [ };:r!'y' :1aS in tl°,: aratcrei'r:xial Ills alt'fni '.1.,; I'.I' iy i:_ l1111 ;,1 ihi. -rs11ll.; r'1, r, Ir.d 1'rI , I'.' :n°h,i III] :It lEli 111 I:; ~in,i'n ll m tli_ I [IF .un'. d1~ i, cl, [I)J `r::31 1_ I ,cti'~~rsr I hF 1. rJl1 t;J V, fII RI l; 11111 l 11[L11r :'1l,Ir,I1 +r~ J7i,];_ it "rI'1,crli1 appraIScd _.tr as ,alorcrI prII a 1'alx; r ettltural IF --,-Hite 1 I~11 .e, _ C, Li, or F, attu PI LRi:5. 1'l.''II-k.,S _ l.,e_ a t ~r_t it is their . _clailIF t; It to develop the Property ~i ri Ip°'pit C~In~ lI- tfu '1a,1! in'n'.', ,It[1J -TiLI L TL':r, LIF m A aiail;IIF r'es pr'pe r an a h,!I L ::`,cl inilau v EJSuu`I.' 1 II;I:I ~c ii I q3 or I L~ 1 l.:.I~ k~.l,t! ui il.c u;utol;_ik'a1N' 'u7'J n, ..'na._ E,ti li plLk,"I t:AL[FI"B ~nalll 1t ado F]ltl.e nun] nali:G t, ..pp], drlrk,prt mt IUI~,t ,lui ilt,~ , r.le it iih, Lulr[[,~I Iiy,l~, ,sll hI I' r, re de illy ; 1 I : 11 ' r ~ 111 ata :ra ;tent hri: .II :ier Page - 7 'A',"liFiF.A11 Oil 'i it Ifi II hi, i.i,corilI in trie Rz.ll S:r'c rds o Denton C f,~; IT,, Ti-'):,is', d <II -tI 1ILI L IT T II CC. , tt `,LOfJ ~rl ~It tlt.all,itl Ctl Lit L hc, !~t','dI'dn,4 C.aP4tlllll ri[1011 t:'t^C Tit-?rlal tdl-l5. 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IIT'%I- IT 11 T_ Ill 'I' t ln(mL +iT+I t~' a1Th it 1hL', ar u, s1I;T1TlT'III dttul jTv~ r.)[lui,4nt7:1113 [1t t'hr [T' l ltilitli' >rd" L1T a:, 'alural T` ':Ii:cc; dr', iht 'h _.ac '11'ut r L`rt'Ic, d t}?IT'.: ahl T,il,~stritl.~ =tsn~.ird~ ,1 U 'T 'I f~.ttiir.,lild ~LIIllIYiIrin 7 e,v. ;a C,OTT ITIi-i''iull I'Ll] 111r'ul-u~l,~rttal C.u~]il~.„ ss ,T11ilcr)~ce , Page - 9 ,..r I..- gin I I'ii,,I] 4 Dt'I, Cltlli II PItll ! 111 RL1ITII;II iti f hrrl ; gat r, tsrlrir-'t I o n of r_hi~ l r_,'r,tcti', J1 It ',tm I_°!IiNI)tl, ti 1 'r (3 111r,I~ I Phi=1 lir=ih tit ti,;,°(; III 2 chal'i I imam iii ef`crrt. for 1 ]7 Gr1,_l tl L,t 1, `'(41 ClllCnCi ttI?' ~SiLt-t]'.'.; d'.7tu L t ila '~e1]'~t S. 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I ,11th Ir L~ II ' lro1 C.,fI I I t 1.~ ;sn'IL] 'ttl III ttf she Tt' u.t :r II h t_i eumsrlincL,_ n, rst lurthcr :ItKC hat -h tn 'h: l itw' 'bhall he cd ~IaIsfi..rz;', Ind ItL, .t ct to the I :tiir eln 3as 3t,C r,~tt-t~dtll~ Yci at' ,.ttn.:t..atloti plaal, t,- I I A 1 I L>X 1 I ( r0 Lce } , . t I C L S II SF.Lt'LItC t1Cr1] C1 'ti c~tf L'! -t II 'It'tli, n ~unvLl . tan's. hnlr,L3tI i)f! x. I'rrl•t' sl,aiy, [711'1' [1', !I fl -..!1L ..1 t1c'r(it ;I} 91,.r,?I,"tt'n 1I^.t1 _C DI I111S Cfll li7 t1lC` Puu;t,et 11r C 1'~'"^ h cai 'rIr[cc c Ilniiec ;hull ,t' T11L EEIL:~,cin,~ t,. AT i ilid T71']t,h,lr.'nj [ ' . 1 1tII I.'ct 5 rt.-~,; r~ ~ l kn ern .;Itt is r~ rLul tII~ iItt I ' ,titti he : t TL i ^ .,p rt, _ LI s Lilt nil SlL:L 1I!1 l.'.y_ tl..".11dJTLI . Llt t:r . t7r,I I 1 L`~! t111~, ~1111 1 TI 'Tr L,,urt _Irder -hall not itn"aIId.[tt at._ `I111 f atr~i ~fle~t, 5'~ctiL,n r IL I 1iu ~ ;,reLtt;;nt Ili li art, Ice; h Itll I ,'r th„ it% 1n,, nr1 tcutt'IL ._1 '~.'.'..,r ...:II sihir t, do I.l not he III. tea To,:iivcr'.tr cn)T~- the 7:3"„Ill~Jl,~uI it -t l'. li Ltlt T15c."..a:e'-, t'.ritI utt, Tt7i; -lent a'I1Ct I1I'1l?als ,L~[Jd, scJ i~I f111s i cntcni- 4 Page - 10 n nii;t1~ i i,~~.:..h...r 1then lv Jkm 220-275 ac.d;u Section 10 L 1 r.n ca 11 _I-da6% h'r,.,.i ❑t Lhauge in the law regarding annexation shall: affect the enfoicu ibility of 0l is Agicement c9 T1ic Cay's ability, to annex the pro"its covered herein pursuant to Section 4. Section 1 I. Menu V-en, e for this Agmement shalt be in Denton County, Texas. Section 12. Vxecwl pr in \fuStslrt Copies. TRH, Agreement may be segarati Rv executed ir; ienJi,..Iual counterparts aM, a Nn c: ccution, snail tunsLt.itc one and same in [rvnnmt. Section 13. Term and E',t ,sn t. The i,tit .11 tuT-m of this Agreornont shall b,. fr r a period of ti,.c cars frarn the FI1 . tr.,~ Date (thc The 'Effective Date of the Agreement .Bail he tn7- rI i c the 4,, vent r,^ is ,_•iecuted by the City. The Team may be extended upon rlHVID~rl a rc,rr`:4iitof th Puti:;. S,,etion 14. Sttr,i,al ri C ..enar.TsThe c~:rvcttrtt,ts ill Sections 2, and -4 shall t"erl'.iink4i~.cn C1: this ,4 r, ~.nenL. Cap [tti VW-#' %r all any o(I.cr 01 1',L,ciors, as maybe for tllG amlilcalrc n[3t.i,i'a Of thC3S~ ~eCtts~ri;~. TILL:lParties hereto have executed this agreement as cafe 2010. ]?urcIi Fimily Farm, UJ Owners I.icltarJ L. Biurch, PrtaidLllt u llcLurch, SeCte1aT 10-easure1 THE CITY F DE TON. TEXAS f ii,, "c9al'I 3F ~~r, t)c1~ut5r L~rL~ ~Iaria~~r, ar Dev,- i V e entative Page - 11 s tpfrr I V li I i, a :L ]~P:; C11 play of ~~Il+, h~:f t_l;<<tt'_; lh~r~l'., t N' st:_ot.r j?,_:~ t ~ln;i',•, F_! , ti0tli Cutlic '.rata pP Fa x~g k, 1 wt cvG,u;ss.a r. Exr+rx~s ~ ~ - ~ ~ 1, - , ~ ~ i it `,•.[.,i r tl, ]7i'?.t"Y"C~~+} E '.n;*F; i r~,s :r;3 ~r,r~r 1 r.; I„ I~..I ~ ~c v1 ~i 1 ~,ys.w..w., r i ? I r srs;'il1, 1 ac 1 n; 1 ! , .,r,c , ' ri _:.S F , 1;,1, 1 .el I ff Noce rv „~r~c 'f ra!!s of is ~ ~.a. ~1 wr r,1d ~A r&#r C~a« Exw;ggg A~ { _ `III ell LdLe- y, 1111 5 I r'`~ f i, (rF ,l,~ra r`• ` I x;11-'!'i'!l ?F-;•;~;F•J } h~ a ~::~®=gym, 1 711 1- 4 4 -1-, 6 Page - 12 EXHIBIT 4 LEGAL DESCRIPTION 1.148 Mures o f Land FIELD NOT1 rS to all that certain tract of land situated in the J. Withers Survey Abstract Number 1343, Denton County, 'T'exas and being part of the called 255 acre First tract described in the deed from. Ilan B. McClurken et a1 to V. D Burch recorded in Volume 239, .Pag 191 of the Deed Records of Denton County, Texas; the subject tract being more particularly described a4 „f lr,,.r w BEGINNING for the Southeast comer of the tract being de-,;ribed herein at the Northeast corner of the clAled 5.165 acre tract described in the deed from M. C. Burch et ux to Richard Lee Burch reL corded in 1' ,lume 1573, Page 134 of the Feat Property Records of Denton. County, Texas; th, ,Ail 1:r,n er being South 89 Degrees 11 Minutes 13 Seconds East a distance of 0.6 feet from a 1/2 iaa,h lrr,n rod i~)ka:ad and ~d-5o being on the We•t rl`?ltt-c!I-.,;ay lint; of'F, M, 1830 and in the Corporate Limits of the Cite ct Dcalton as described in Annexation Crdin,an, 'c Nurrtbar 2001-090; THENCE South 89 Degrees I I Minutes 13 Seconds West along the City of Denton Corporate Limits with the North line of the said. 5.165 acre tract a diL;tanoa of 500.00 feet to a 60D nail found at the Z crt i,~, etit corner thereof and a salient corner of the City of Donlon Corporate Limits, THENCE North 00 Degrees 48 Minutes 47 Seconds West departing the City of Denton Corporate Limits across the said 255 acre First tract a distance of 100.00 feet to a three inch 1,_nce comer post for the Northwest corner of the herein described tract; THENCE Ncz th 89 Degr~ es I I Minutes 13 Seconds Fast across the 255 acre First tract, 100 feet North of and parallel with tht- North lane of the 5.165 acre tract, a distance of 500.05 &0 t r a 1 `2 inch iron rod with a yellow plastr.. crap sLamp,:d "COLEMAN RPI_S 4001" set on the Nest right-of-,.v.Iv line ofF M. 1830; THENCE South 00 Dcgrues 47 Minutes J9 ~cc :ends East with the East line of the 255 acre First Tract and the West right-of-wav lit)c of F. M. 183:1 a di-,taaacc of 100.00 feet to the PLACE OF BEGINNING and enclosing 1. 148 acre" f land, r 't ti . Page - 13 EXHIBIT 5 SERVICE PLAN CITY OF DENTON SERVICE PLAN Burch Property Annexation A11-0001 AREA ANNEXED The area to be annexed encompasses approximately 1.148 acres and is bounded on the south and east by current city limits. It is located on the west side of Country Club Road, between Ryan Road and Brush Creels Road. The area is located within the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation includes one owner. A general description of the area is attached. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Section 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. AD VALOREM (PROPERTY OWNER) TAX SERVICES Police Protection Police protection from the City of Denton Police Department shall be provided to the area 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: Normal patrols and responses; Handling of complaints and incident reports; Special units, such as traffic enforcement, investigations and special weapons; and Coordination with other public safety support agencies. As development commences in the area, 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 Page - 14 Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation area. These services include: Fire suppression and rescue; Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, tricks and ambulances; Hazardous materials response and mitigation; Emergency prevention and public education efforts; Technical rescue response; and Constriction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the area 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 the area, sufficient fire protection, including personnel and equipment will be provided to furnish the area with the level of services consistent with the characteristics of topography, land utilization and population density of the area. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve the area 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. Emergency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation area. These services include: Emergency medical dispatch and pre-arrival First Aid instructions; Pre-hospital emergency Advanced Life Support (ALS) response; and transport; Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the area 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 the area, sufficient EMS, including personnel and equipment will be provided to furnish the area with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. Page - 15 Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. 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. Wastewater Facilities The proposed annexation area is 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 the area, 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 area 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 area 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. Water Facilities The proposed annexation area is 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). 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. Page - 16 As new development occurs within the area, 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. Roads and Streets Emergency street maintenance shall be provided within the annexation area on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation area 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 constriction or reconstruction will be considered within the annexation area 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. Parks, Playgrounds, Swimming Pools Residents within the area 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 the area, additional park and recreation facilities shall be constricted based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general Page - 17 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. 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 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. Page - 18 EXHIBIT 1 Proposed Annexation Area A11-0001 i Page - 19 EXHIBIT 6 ANNEXATION SCHEDULE A11-0001 Burch Property Annexation Schedule Action Date Notice of Intent to Annex 3/4/11 Service Plan 3/15/1.1. Planning and Zoning Commission Meeting 3/23/11 1" PAlic Hearing 2"d Public Hearing 4/5/11 4/19/11 1 Reading 5/10/11. 2" Reading 6/7/11 Page - 20 EXHIBIT 7 ORDINANCE rli; 'rur ci,rr ()1 1-;-XI AraPaI:XIl G .4.I'1'",,',0 F\1AI.LI-'," L148 .°ti['KIN t:A :AND y C:rw;'T1(Tl-1{llUI . _ -P,L) _ DJACL-\F1 1C, 1'l:li C1°T'4' Of I k.L:IL k ) 'k ' I Ik"', 1I1[ UCFATR..ATFRRTTnR[AL WSIOR-TT(9N fTTTl;, '-`+T ACCORDANCE T'[ 1-[[ CI T I LIv 4± ';.31 u o MICAS [ t:sC; V. tic::>''','1'.[:h;MIA C WIM :BAIT) (T]'::`,;FR-ALLY I.OC',',TT-.1-) C )N 111 )P''. L`-',1 SIDL, Of CLI-'L4 9-0,kD, II TS I I l1 (A IJ-11k I;I_rl f:'?ti1 ION' L='1 ' Tf :R. W'*,TI-:rN. RFT'al r:1-,N PY.-` N -C) TT11 f-W k:kl.''~_4:L1 LTkI:- :till Ubil?1 K 11 L: 1: D C(:s 114 SO[1T11 f RC,'4'.-YING R T"Jl'MSION L1F F:T;;'`t-: F. lll.ti C:F 1-1:1;; T[IF NVs ;F'D PPO. (i 1-011 A t'O R FFTi(J" OF 1'1IF CITY MA? TO IN l.I;::)[ I HIS .YN`' EXI'V :ikVA, ALN (o}t A K NAM A VU '+."AXIMi )ol 'a'~~_)L.,'L1 kr_7'v~ 1H1_hL1 C:rI . F1..'t13T1:T l''I` 'S.?~dl.:t x,1~~ L_1'1 L:L' 11`~'L 1):'i Il 1 ;1, aII'I()' a Mu- 4, 1T1L:. 'l-,.:LrJ4_,1 .^.L.R L1 ,.kC C:111'17L 1~'TL'i:R-t~Clt :a'Q d L-L' - ~L[71, r7 LLt1 iiricL ~ _~I3t~1_Crl thi 3L;C'IeL:L k .1~1Lin ti ~Il'a4;. a3 .Ik':iil Ll._ ,lilliLr° :.l 1 ai:-c-_ t 'til'VERL S,. in 1opiwic 1 4 Kh the I:lx'vl e Who %p u0% 1.h.4 IlAv 1," .1iod c:. 1, 4Lc WUt'rtd;x IlY'LCIoxaJt';''1', 1' i-i111'S 1110 !148 3uc h?.aI1" TL%t.l : Inn tkl,L Lil i[i141 LIU [:'Ls` T.11T.7 I altlT t". Cl:' 1 LT" ~R',CC'It, 131: _ 1,110 in %ns I_~.jl I l :a t" fl a 1 C ~ h k'w 1C w C-1 . , or rs:h>_Lr ~LL_ki l:ld ii,lt fo the rogLlfr,11 ol'.;s am 11' ,4-.,-i'..1, l 0', an "wW".l'n al]. 1. C U 1`d by b land C.114i~.R-11.1_:`1`. Cc)de_ '13.t52; and 1 k : ka 1 a on an 23. 2011, tltt V it ninq nrl Zoning (7omrnis-sion recommended 'i n&gs ocIti hold iR Lho Co L`1 ! C' arr'ihk;T7 ,7 1 ;'''1 ' , 211 'iW1r.h 41.14 hail or ar a1r.;,` dw -real' d KA Wtore nc 1 hclonr d-1c idati' 0% 1:'1s=ltutl-)rl ;-,r r,,-Hi4;vC1lrl,_SJ to 00MV 11. 1.17wPtM F10% in _1o" [11:::r Ir1• 4L; L4f,41. 1ar4:c.~:I:l. e.'.li. Lmi2L`. W1:k 1_l7i'€l On i-rrt:",rilk:ri, ruts i']:1aI 1. 4` } a 1, .,,..{"11 ~*e i fir ?ti r~ t'ttited} c;: €1w iil r'L t c'.L:il,v3 kl'wi, , -t b ' t~ r11.n.'IJ1-1 [ir.:l ,::I1 t"1, 00 ,can ce in a .111»g. ,,r] Ac CA 0 Co 1n I on l;lny Ill„ 5011 an d ,I1. It 1a 11 m, A_[ ':.l'k[•:.'+T the >:rl"LIlh,itlas- ll.:. ~ci puhli,I7 is in n.l'1 :at50 ti'11e. iT1 , C ~.a]IL-;a: n 44.Falici Of UAWL a"T aRITV"i.3tl 0 PlyoL`ujh2 5 WK ins1l.irrorl ind 30 105 IdUr 00 Ll.'. L-(.. ndi AW ILn l :f .tt L; rc Irii.'s`l3 C i ChLt-cC-, arlL Page - 21 'Wi F . ti-e cit" CnunciI rid= tha- .hc :irnti ;,a tic,n trill a flow the c.1T}' ~ ensure e':e] ~~•~r`tx=;,~'k4 ~~;i~,tci ~'a4i~L:.:-~c f}L;}t ~r•~ Pi~m: \(:;~t,'4 I E11•:[•1 ] ha':;: C I R f N 1}1'. I O IIF-,l Wi 011 r. S: wL.(_"fIilea II%z 1 :4 clc, r-cL r Ia,ui in Fxhi it "A, q,Mched hf- -t-, , r=1 1 S t Cil <itc4'_ Il y ti _tir fl e.::; lr r .aC41 to th' t ul 17 I C" ; i'• a LI Ir_1.N ? Ii,' I+. 1L; L' r.- 1-.• hi.-?A 1,.. .aril: IaL~ .ihila 41 ~~+r `;.'.4..T~rIC4y } C r.n i E ?r IhC CXtCT,-.OIL of n.t-_ii_ip:ll ,.o ':h ,i.i❑_.,,:_j plvlp~r-r+,-, is appTir,'rLI as t ],'LL eol.:e pin ',5.; ma.i:: a,J1a '.'ilr ruYTlie Lr p::,it"u} aril r-Xpluinud A ffi •~hi,~rc i~c's~nk-cd 7' LF1ic: 't'ICarit:~'s. .retiar. LITll.Iri trllC's ccarnri 1.1is.;.`1 Tile L'i N 7`I rcr is "`ch. cSi th'. rrlap of t~,,~ C j',}- a i ]?enLk.m h'. adj j6 •.I.L. t,. V c iililitirjal Tt ra pry nnnexm I UAY; ( 17411 ionve, f7?C17r'mK on in nK, K +.Io ! du I, ::.:mi 111d W I'w-i-jl)cl; cat thi 4lydinan.LC..'Lld ~IIY''4 C?4~~ll r: 'tJ L.J. to we 1 ,,cr,3tc•KO l :I ]rr"i tii rt g T IP,;• 'r .r =uch +fTL1T; T eYacn .;r: , 57(-TTI-)'~ Sl:c,alil ain~, ~ i i~ra}'r, st'.tit ~r. ..:nt.nr:~:, rl r;lsr ti3°rse 0 "VICT! Of lLi9: ()rLlirx) Q he ,1 E1_ircd nrrcumn Litvtiorlai or in'. al:a, t':;r ally' C~fl :1;. til qtr. ind LhL Or~= haf: 'iDL h+- Lt IcCiod tl:rre':,, ti i:TV( ti , +.~d rl3I-IcC coam: ct:4'cti'.e a on faml p s f, COLUN1. AN 0 pis so fADFRE) Amed by tl,c, Q, t_ r. _ILrtu iFn l Read rg It ]m 0" 20t t Rr,;:-Er, by we Tl;,. tY`c Irlt i" T.ra I It.li rll~ ti N mom f ~ 201 1. MARK A. A LAYOR Page - 22 Af 1~ 1-1 C. F Ft-.1 1 1 `til;.a 1FN",:' FR W T.TF.R9, (7 T BY: M CC.f}}.CLAT._;E t;)r: ~ 1A Ll-'l p \'[2k' Page - 23 EXHIBIT A 1 ILL . a N(-5'- ES tr, L1 that erTta>~ -Wi r., 15[0 sltuaftd itt the .I- 1~'it~crs Suj*cy- A-bstraz-~ Yum+rr ?-~4 D"tLa i C, ern, , l""= IDd hchn, p2r... If dl~' t s,Ard : S a. cc I n"'.. tr tki drx.n'b - in }~c dacd from -,kru Mo kikr ti L- is. ray b'. D. Ekur-~] r-r,-TAr7d m ',I' UTft[ F°s c 19 i ul- 1`,,," ~7i r1~ KecC~Uds at 11©EC~ OJIL"r:; 'Fr~&",'. the srubi:ct tract tnE,, MLxr Ran -r~~_~ rr-, li tl H;INNING far -ic ~cr Lthrasz t rCt-r ;7: dhr. r.,u! , 4I r. : ^d hPrrtr- nt thr N thra C.a?t-VrV C,! JlVd i l.'.~i VAC rtr.:` d-LsrF§'h,rd m +9►c dred Shim k, s" F ,ii rti ^I Cix 1o Rb,LhE d Lcc 1' Bch rCc w3ed in 7~'Alt2~ I FM,, I',) 1 14 t+Y t};-- F*T,:rw if 17r 'f4lw, , I~ v '-kal'i ti:r,tfte" ~~'11tk#: )Elea N(L1 ~ $ l ML-lutes 13 5c DniL,, I av r, Lti ci iL r r' f, fcrr f>ri A V1 t::xh i.ri r, tt:3 foLy d wb,l Ct:'w) rCMUt r='M Chit WZ:Ss 3-3g~lt ,t_ 1911 0' It M. 1i 11 hr ['r~t~, Cold l,i,i~tiw«. r.1°zJ a (ta.>f F, itw Irrlr_.;~17C{t ai4,'4[u :IIk~1~2TY~ 'r~urn~:;-s J~`..IF57!1"r , ' ("K1 'SokAl. Pl? I ',1 ,1bt.-i,t tpGff 1".:liti f 13rm4V (.'L-.Tr' ~i -11 L: ',.I 4 Gth I' omh S ne p Chr 1-Ngi 5 n ,t - 11, ....:r,i 41S=~< t'. `j i. 1 1-, lh; d aL dhs T, ,r-r;,. - ix+rnrx L$]r[aiih PV t u sal :r_iy, a~ i _tw, }C C: ]r T-*TF,k-T Nurrb {4'' T?; \Faut Ste. 4,. 5c»cc~ ~ L~ F.- 4,,!, :tee Cry of L►cntrn C arp,_lratc Lffiats acrn5z-s ib -iii it! u :.tis`.:tL, x ._if KI 11i. CLet C.: ±jCrL Inch E&xl cr. c,7+CUCT _ st fOr '.6e Ncwbn,--rtcamr.Tt-fthe.torrmc Hrn7E dT*,:.'t Ill-ENCL C,i,rth s'r f h-,_r.--; ' 1 'ti+ir7ntr,5 1 ; a c ds East :-caress Lbe 2-55 acre i ' rNl Iran,,. ta11 Ems. No-al 5tnL~ r:tta:A x,IL::ha :ticrtr.tt Lnr l Lhr ti.36Nor °olt%-C'14-F1 i ~tx°, tt'td l,'~'. J1K Ik ~':Xl W~?tit f 4Itt o w Cap 3 r±ral ~I FhfAN F?l S 4,X'I ° s[E ma thrW csL a3zLs-tf-: ty.1L, t;'t F`. M I 0o, i H-kNt_ L Szuuh C"D LIr-ecs ? :4{rletars Fli * r,'<:°dJ List fdtt lF giant [LLe : f' wltc 2'S 1 t o Fawi Trfec4 and t&u k3;'cre! ri;j,9r~pt j.' 4ev line of I,. Nf. t~ I itiYaxl < a,i 1:':7.:biJ :'rrr tt 14'11 E'~,,sL ~ ("1~' LIEt iI;ti~:I4{ Page - 24 E RNI F PLAN Buoth >'i o~retj _k itrr~atic „~l l l -17ik111 L AREA ANNE= TL arra to he in= d apFTixtmatcS 1 148 acrc_ Ord i b imikd m ter sd:ullY ewltn- crurrrit cety, liar)-l- It is 1 caLC cn th-, Sil&-,of c'c-urrs}' clvh R wa{, ~v h:r xt Ryan Rcal and Brz-h Crcp3- P:ad- T1e airs s, 1cc,2Lted ;ritEn the CA D.` P-alklV K F?ri.e tint r .aF 3rs ~a,-tin ;II3~- Di;:-Lssicm 1. DiE pro or,cd enucFatcz inrlod,ct ocr: otigw-i I gerwm U, rN-rR.0DVCll6N `ITti,; ".rtz ice l~},:an lv~ t+°+_ri E''x F"~-.5 ue aeree?rd~ie~e p~ uf- "J r~ia® 1:cx a1, 'Coy: r_tttnuui ~+'C~€', tie:ttC3~ 1v 0')C+(b) o {'ti;ernm 'DtIS. a wDendedk 1,kimciLel fatihLmn and bcx v-e- t arvwN ,d ,uea-~ a,_,ctity^d at-~,tir aill tr. lrrat-rd,-d c,r snack avaiL b4, m trrhsilL of thtr Ciiy v t,:x 3L wcr,,,Luwe ;vitJs the {t,:lt 7e 1 pl--- T k}r Cin. of Dcl on .4mll pre•;idr t,be P-,-1 tsrt L die k-;eh -of ctr- z-c.. tr&xrmc--kia., rd-.d LmmaAnwk rc aimu s,,c that azr ci>i4ai ~,t-,tr 't{, the le: :"l, cf ,r c ttttra:.truzture: aad u ~jnj^hrt MainteD atiai2a61ris cthte put Ef the i cif CH i L, 1 as in,.fwr t.~ mmfh , land us,-. and p ggvh :clurStmA-,. 4.T)S 3T (-)RF C V-Pt:()PF.RTN C)II-VT F' s3:f;<'<-E€ -F.", I , litc a rr 's frcnu tw C in, o D u1c:u F-„ ce D phew a Oall be f:rm,i3r toImo- ae e:, ,~.r<-a1 j+~ A l 4'fG Ccx'Lstsaa=i; lb `;ti tL41 jq thq~ aad pmzct.mLn -r iiYrt7:e :maa:k (W: klx r r'2t~~ iL,U: of Ike :e~aardti. t d~reae ser,.w:_e; trw hi!.- L. P.can:al pas., rs ind, r esFaars; 2. handling. ot" m; pLunt: and rider ripxts 3_ 1'* a_ erne, aA = u2ffic r nr:oii rt Svc ®!icnu +~axpnr,. "Anti 4 t'E x ! wL~n .etch Mhae, paehF r tre#ew sesp st w,7efw es. A; ak,:c prrat nmx7 r: is Ow atra_ sU fi,-tn. }.,lt e ~ 3 tics er7hv3nr, astt rarrn!+.1 .311,E C~zp-upnu f will be -ma rider t; bra m3h thL-x area with 11-z tn-d of 9-m e . c,, tevt witli itLr +maE'hsi:tio9 oft •a~e5phl:- liial 9 1i:,74i $rld I11)111M'CVL dett~A , ut the 10 U{x,n uburtzit ,it)elc~Fi rit pabc* po. NecArm Stith l~& Ira tn'_Jid at a r a irk ors m ;ar?c : itm~acd asr~s W Lthal ibL. cj ~ li_r n. Page - 25 T7s D -mt,:l Fire t i;TPF_D1 --JI pfL,,-A-, u^rnrrr,,.en'-'t and ~im Prc': CCiliifl z te5 t¢, the 2111112Tatim 3"a.. These s&-. _e7'_ mchx* die sup'{_Tle .sic is aid lY-o-ue, 2. 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Lciral QC's ,T. n nrr . e Cc*rjc, : cci icu ,1 M Page - 29 Page - 30 AGENDA INFORMATION SHEET AGENDA DATE: June 7, 2011 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 2011 Action Plan for Housing and Comnninity 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 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 2011 Action Plan represents the second year in the City's five-year Consolidated Plan which states the priorities for use of Federal CDBG and HOME funding. Public hearings requesting citizen input regarding the use of these funds were held in December 2010. Application availability was advertised from November through December. Staff held application training 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. The recommendations were revised as necessary when estimated funding allocation amounts were provided by HUD. Staff has developed the 2011 Action Plan based on these recommendations. Administration activities are also included in the Action Plan. A public hearing on the draft 2011 Action Plan was held on May 3, 2011. No comments were presented. A summary of all other comments received by the Community Development Division is included in the documents. ESTIMATED PROJECT SCHEDULE Action Plan approval June 7, 2011 Submission of Action Plan to HUD June 15, 2011 HUD release of funds & program/project initiation August 1, 2011 PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The CDAC reviewed requests for housing, non-profit facilities and infrastructure projects. CDAC recommended $1,099,953 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 2011 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 $128,725 in CDBG funding to various social service programs. Each committee chair presented these recommendations to City Council at the work session on May 17, 2011. FISCAL INFORMATION All projects and programs approved under the 2011 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. 2011 Action Plan for Housing and Community Development 2. Resolution Respectfully submitted: Mark Cunningham Director of Planning and Development Prepared by: Barbara Ross Community Development Administrator T EXHIBIT 1 City of Denton DRAFT Action Plan for Housing and Community Development 2011 Program Year 'j„ Housing Public Improvements Park Facilities r Human Services Prepared for the U. S. Dept. of Housing and Urban Development To be submitted to Denton City Council for Approval in June 2011. To be submitted to the U. S. Department of Housing and Urban Development in June 2011. www.cityofdenton.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 .........................................................................................16 C. CP Strategies and Proposed Projects 1. Housing Strategies .........................17 2. Continuum of Care Strategies .........................18 3. Lead-Based Paint Strategies .........................20 4. Human Services Strategies .........................20 5. Infrastructure & Public Facilities Strategies .........................22 6. Demolition Strategies .........................22 7. Anti-Poverty & Economic Development Strategies .........................22 8. Barriers to Affordable Housing .........................23 D. Proposed Project Map ......................................................................................................24 E. Other Program Requirements 1. HOME - Forms of Investment ....................................25 2. Monitoring Standards and Procedures ....................................25 3. Public Housing Improvements ....................................26 4. Public Housing Resident Initiatives ....................................26 5. Institutional Structure ....................................26 6. Chronic Homelessness ....................................27 7. HOME - Minority Outreach Program ....................................28 F. Community Development Minutes 1. Minutes from Public Hearings ...................................................................................29 2. 30-day Comment Period .............................................................................................31 3. Human Services Advisory Committee Minutes .........................................................32 4. Community Development Advisory Committee Minutes ..........................................54 G. Appendix 1. SF 424 Application for CDBG Grant .........................................................................70 2. SF 424 Application for HOME Grant ........................................................................71 3. Certifications for CDBG and HOME .........................................................................72 4. Table: Annual Housing Completion Goals ...............................................................80 EXECUTIVE SUMMARY INTRODUCTION This document serves as the City of Denton's 2011 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 2011 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 2010 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 Strictures; ■ 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 1 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 67 through 68. The table below shows the final federal funding available from the U.S. Department of HUD for the 2011/12 program year. The table below also indicates the amount of CDBG and HOME funds that will benefit low and moderate income persons. FUNDING SUMMARY 2011/12 Program year U. S. Department of Housing and Urban Development CDBG HOME TOTAL Entitlement Grant - Estimate $822,975 $510,255 $1,333,230 Reprogrammed Prior Years' Funds $62,558 $0 $62,558 Estimated Program Income $10,000 $45,000 $55,000 Total Funding Sources from HUD $895,533 $555,255 $1,450,788 Benefit to Low & Moderate Income Persons or Households $728,942 $499,753 $1,228,695 The City of Denton and subrecipients also receives many other federal, state, local and private funds during the 2011-12 Program Year to address priority needs and specific objectives identified in the City of Denton Consolidated Plan. A total of $9,839,064 in additional resources are proposed for the 2011/12 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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C . W F m m CU w w w m U m m w m m m m m m cu U m m LL U O O o O o O O O O O 0 -0 0 O O O O O O O O O O O O O Q (n N N Q L L L w w w L W w w w w w w w w w C O _ ~ cu U N O 2 y N > Q ~ O` O O 00 E w E o o _ L > U U C 2 Z cn ~ C n E N ° L m L ~ U U O Q (n J E E E O O (U O O S N O Z U 0 U -O O O U 0- - d _0 z O U z Q S S Cn 0 5 C Cf) U CC l1J cu 0 E O O O O O O N C (n U LL S L O O Q O O . LL O N N N N N N N Q L U - U O U O U S ° U n N n z W CC LU Cf) C o O 0 O 0 O 0 O 0 O E cn 0 U) O O O O cn L1J c N _0 Q E -6 = E E Z - _ O l z U U U U U U U U U U o 0 0 0 0 o i LL = z cn Q LJJ C~ G O w a N r r O N w O LL N W O N LJJ 0 LJJ N O CL O w a M K cz 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 $114,807.50. 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. Denton County Housing Finance Corporation and other non-federal funding awarded to Denton Affordable Housing Corporation and City of Denton. 2. 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 2011 Action Plan process including the substantial amendment to the 2006 and 2010 Action Plan, the city followed its Citizen Participation Plan at all stages of the plan and amendment. Public hearings were held December 6th and 13th 2010. Spanish translations were provided at both public hearings. The public hearings updated citizens on the status of current programs and activities and asked the citizens how they felt the 2011 funds should be spent. Both of the public hearings were held within a low and moderate-income neighborhood. See page 29 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. Flyers were also sent to the elementaries in low income neighborhoods to be included in their packets to parents. 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. To ensure citizen participation at all stages of the 2011 Action Plan process, a public hearing will be scheduled on May 3, 2011 during a City Council Meeting to give citizens the opportunity to comment on the 2011 proposed projects and activities. Seepage 29 for minutes of the public hearing. Page 4 AMENDMENTS The City of Denton is amending the 2006 Action Plan to reallocate $23,000 in HOME funds to a new activity. In 2006 HOME funds were allocated to the Denton Affordable Housing Corporation to rehabilitee affordable housing units owned by DAHC. A total of $23,000 from these funds will be reallocated from the rental rehabilitation program to operating costs. The City of Denton is also amending the 2010 Action Plan to reallocate $7,013 in CDBG funds to an existing activity. In 2010 CDBG funds were allocated to the Owsley Summer Program, however, the program was eliminated due to budget cuts and issues with attendance. A total of $7,013 will be reallocated to the MILK Sumner program for the 2011 summer program. EVALUATION OF PAST PERFORMANCE The 2009-2010 year began with an effort by the City of Denton to access American Recover- and Reinvestment Act (ARRA) funding for important projects and to assist in job creation and retention. As a result of these efforts, the City was allocated approximately $3 million in ARRA funding. CDBG-R funding in the amount of $232,917 was available to assist with projects and programs benefitting low and moderate-income households and neighborhoods. Economic issues continue to have some negative effects on the City's Community Development activities. Though it appeared that the construction industiv was slowing down, prices for work completed on rehabilitation and reconstruction projects continues to increase. Decreasing CDBG and HOME funds have limited the number of units that could be assisted. Homebuver activity continues at a normal level. Earlier in the year, with provision of the tax credits for homebuyers, the number of households requesting assistance peaked. Denton made significant progress toward meeting the 2005- 2009 Consolidated Plan for Housing and Community Development goals in the Home Improvement (HIP) and Homebuyer Assistance (HAP) programs. Staff continues to seek out additional funding sources. The City made application to the Denton County Housing Finance Corporation but was denied funding. Federal Home Loan Bank funds have been used over the past year to supplement both HIP and HAP. These programs, along with the City's Minor Repair Program continue to support the revitalization of older neighborhoods. Though these programs continue to be successful, recent funding cuts and economic issues have contributed to the fact that some five-year goals, stated in the Consolidated Plan, were not met. Continuum of Care activities continue to be successful. The strength and focus of the Denton County Homeless Coalition has supported annual awards of Emergency Shelter Grant funds from the State of Texas and Supportive Housing Program funding from HUD. As in past years, these funds are used by local agencies to meet the needs of homeless and potentially homeless individuals and families. Over the five-year period, five agencies participated in a collaboration that has been supported by the State's ESG program. Activities include homeless prevention, provision of essential services and payment of operating and maintenance costs for shelters. SHP funding continues to support the Homeless Management Information System for the Denton County Homeless Coalition. During the next two, Homeless Prevention and Rapid Re-Housing funds will be used to support similar activities throughout the Countv. It is evident from the number and range of public service activities supported by the City of Denton that this is a vein important focus of Federal and local support. The City of Denton has a vein strong netkvork of local agencies that have been serving the community for decades. Health care remains a priority. The non-profit People's Clinic is no longer providing indigent care services. As a result of the loss of this agency, Health Services of North Texas (formerly AIDS Services) has stepped up and will begin providing some of the services previously provided by the People's Clinic. The City of Denton continues to support childcare for low-income families, services for the elderly and households affected by AIDS. Page 5 Several public improvement projects have been completed during the five-year period. One exception is that no drainage projects were funded during the current Consolidated Plan period. DrawdOwn of grant funding is completed on a monthly basis. Community Development expenditure records are reconciled Nvith those of the Accounting Department prior to any drawdoN-,n of funds. As a result of this reconciliation process and the time lapse between actual expenditure of funding and drawdoN-,n of Federal funding to cover expenditures, the City- of Denton has never draN-,n doN-,n funds prior to the expenditure. Denton is always compliant Nvith U.S. Treasuiv and U.S. Department of Housing and Urban Development drawdoN-,n requirements. Though some housing goals were not met, Community Development staff feels that the activities carried out and the successful collaborative efforts, have provided high level services for those in need in the Denton community and Denton County. CD staff Nvill continue working Nvith other housing organizations to increase capacity and seek out additional funding sources. The fact that many outcome measures exceeded the goals targeted in the Consolidated Plan would indicate success in serving the Denton community through these programs. Affordable housing, social services, neighborhood revitalization through housing improvements and public facility improvements will continue to be important focus areas for Denton Community Development. Strong collaborative efforts among the local service and housing organizations along with support from the cities of Denton and Lewisville, continue to expand opportunities for low-income individuals and households in an effort to help them reach self-sufficiency. Page 6 2011 PROJECTS/ACTIVITIES SUMMARY The City of Denton's estimated total federal and program income funding for 2011 is $1,450,797 (includes $58,776 of Reprogrammed Funds). Program funds have been allocated to an array of projects and activities to benefit low and moderate-income households. A total of 87.2% of all CDBG and HOME funds has been allocated to low and moderate income activities not including administration activities. Each project is described in detail from pages 8 to 15 and is arranged by alphabetically order. See the following list of CDBG and HOME proposed projects and activities for their assigned page number: Page 4 Project Name National Objective* CDBG Funds HOME Funds 8 CDBG Administration N/A $166,591 8 City of Denton - PARD - MLK Program LMC $12,000 9 Clifton St. Sewer LMA $56,991 9 Denton Affordable Housing LMH $100,000 10 Denton City County Day School LMC $26,550 10 Denton County Friends of the Family LMC $24,940 11 Family Health Care, Inc. LMC $19,000 11 Health Services of North Texas LMC $21,990 12 HOME Administration N/A $55,502 12 Home lnprovement Program LMH $37,145 $357,603 13 Homebuyer Assistance Program LMH $47,060 $42,150 13 HOPE, Inc. LMC $3,245 14 Minor Repair Program LMH $118,017 14 Morse St. Sewer LMA $341,004 15 Special Programs for Aging Needs LMC $21,000 Total Funding Allocated to Projects $1,405,788 $895,533 $555,255 Funding Available $1,405,788 $895,533 $555,255 Balance of Funds $0 $0 $0 Total for Low and Moderate Activities $1,228,695 $728,942 $499,753 Percentage of Low and Moderate Income Activities 87.2% 81.1% 90.0% Page 7 PROJECT DESCRIPTIONS The following are descriptions of projects and activities that will be funded during the 2011 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 Community Development Department. Funding includes $2,000 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: N/A ❑ Affordability F-1 Sustainabilitv Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $166,591 Location: Communitv Wide HOME $0 Start Date 08/01/11 Other Sources $125,291 Completion Date 07/31/12 Total $335,116 Page 8 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 improved access to a service 56 people comes: u ® Availability/Accessibility ❑ Affordability Project Goals: 56 people ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $12,000 Location: 1300 Wilson St., Denton Texas HOME $0 Start Date 06/01/12 Other Sources $0 Completion Date 08/31/12 Total $12,000 CLIFTON STREET SEWER LINE REPLACEMENT Replacement of an existing 6" sewer line on Clifton Street from Simmons to Chambers Street. The replacement will require a new 8" sewer line and manholes for approximately 420 feet. The new line will be constructed and placed in the street. The existing sewer line is substandard in size, has met the life expectancy with significant age deterioration, is in a state of disrepair and has had a number of service issues with sewer line chokes. The project is located in a low and moderate income census tract that has a total of 2,192 people. The project will be carried out by the City's Engineering Department. HUD Matrix Code: 03J Water/SeNver Improvements 570.201(c) Objectives: Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment ❑ Decent Housing Priority Need: Infrastructure ❑ Creating Economic Specific Objective: Improve quality/increase quantity of public Opportunities im rovements for low income ersons p p . Specific Outcomes Number of persons assisted where activity kvas used Outcomes: Indicators: to meet a measurable improvement of quality. - ® Availability/Accessibility 2,192 people ❑ Affordability Project Goals: 2,192 people ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $56,991 Location: CT 21200/BG 2 - 72.72% LM HOME 0 Start Date 10/O1/I I Other Sources 0 Completion Date 11/30/12 Total $56,991 Page 9 DAHC - AFFORDABLE HOUSING CORP Rehabilitation of affordable rental units in Denton for special needs populations. Funds Nvill be utilized for the actual cost of rehabilitation of rental units. This project also consists of $21,967 for operating expenses of the agency. Program Nvill be carried out by the Denton Affordable Housing Corporation a certified Community Housing Development Organization (CHDO). HUD Matrix Code: 14B Rehab; Multi-Unit Residential Buildings 570.202 Objectives: ❑ S it bl Li i E i 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 Nvith standard affordable housing units. - l I hou seholds/hou sing units ❑ Availability/Accessibility ❑ Affordability Project Goals: I I hou seholds/hou sing units ® Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: CHDO 92.2 CDBG 0 Location: Communitv Wide HOME $100,000 Start Date 10/01/2011 Other Sources 0 Completion Date 09/30/2012 Total $100,000 DENTON CITY COUNTY DAY SCHOOL Provision of childcare services for low income children between the ages of 2 years and 5 years. Funds Nvill be utilized to pay for teacher's salaries. The school provides affordable day care on a sliding scale. Project Nvill be carried out b the Cit 's Community Development Department and Denton City 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 Nvith improved access to a service - 190 persons comes: u ❑ Availability/Accessibility ® Affordability Project Goals: 190 People ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $26,550 Location: 1603 Paislev Street, Denton Texas 76209 HOME $0 Start Date 10/O1/11 Other Sources $470,650 Completion Date 09/30/12 Total $497,200 Page 10 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 Nvill be utilized to pay direct services for victims of domestic violence. Program Nvill 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 Nvith improved access to a service - 6,097 persons comes: u ® Availability/Accessibility ❑ Affordability Project Goals: 6,097 People ❑ Sustainability Primary Purpose: ® Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $24,940 Location: Confidential HOME $0 Start Date 10/01/2011 Other Sources $1,990,251 Completion Date 09/30/2012 Total $2,015,191 FAMILY HEALTH CARE Provision of a prenatal clinic aiding Nvomen who are Nvithout private insurance or Medicaid. Funds Nvill be used to procure services for non-Medicaid eligible, low-income pregnant women. Program Nvill 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 Nvith improved access to a service - 293 persons comes: u ® Availability/Accessibility ❑ Affordability Project Goals: 293 People ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $19,000 Location: 3537 South I-35E, Suite 210, Denton 76210 HOME $0 Start Date 10/01/2011 Other Sources $468,250 Completion Date 09/30/2012 Total $487,250 Page I I 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 salaiv, 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 improved access to a service - 1,500 persons ® Availability/Accessibility ❑ Affordability Project Goals: 1,500 People ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $21,990 Location: 4210 Mesa Drive, Denton Texas 76207 HOME $0 Start Date 10/1/2011 Other Sources $987,550 Completion Date 9/30/2012 Total $1,009,540 HOME ADMINSTRATION HOME funds will be used for salaries associated with carrying out HOME projects by the City's Community Development Department. Funding includes $4,500 in HOME Program Income. HUD Matrix Code: 21H HOME Admin/Planning Costs of PJ (subject to 10%) 92.207 (a) Objectives: it bl Li i E i ❑ S t Eligibility: N/A ng nv ronmen u a e v ❑ Decent Housing Priority Need: Planning & Administration ❑ Creating Economic ifi i S Ob N/A Opportunities pec c ject ve: Outcomes: Specific Outcomes Indicators: N/A ❑ Availability/Accessibility ❑ Affordability Project Goals: N/A ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $ Location: Communitv Wide HOME $55,502 Start Date 08/01/2011 Other Sources $0 Completion Date 07/31/2012 Total $55,502 Page 12 HOME IMPROVEMENT PROGRAM Rehabilitation of ovrier-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 ($40,500) and CDBG ($8,000). Program Nvill be 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: ON-mer-occupied Housing ❑ Creating Economic i i O pportun t es Specific Objective: Improve the quality of ovrier-occupied housing. Outcomes: Specific Outcomes Indicators: Number of units brought from substandard to standard condition - 11 housing units ❑ Availability/Accessibility ® Affordability Project Goals: 11 housing units ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $37,145 Location: Communitv Wide HOME $357,603 Start Date 10/01/2011 Other Sources 0 Completion Date 7/31/2012 Total $394,748 HOMEBUYER ASSISTANCE PROGRAM The Homebuyer Assistance Program is designed to provide homeovriership opportunities for low and moderate-income families who live in Denton. The program provides down payment, closing costs and gap assistance in the form of a forgivable loan. HOME funds are utilized to assist with down payment closing costs assistance. A total of $50,000 Nvill be available to assist first-time homebuyer Nvith program required repairs. The funds for repairs Nvill be available as a grant. It is anticipated that 12 of the first time homebuyers will be minority households. Program carried out by the City's Community Development Division. HUD Matrix Code: 13 Direct Homeovriership Assistance 570.202 Objectives: 14A Rehab; Single-Unit Residential 570.202 ❑ Suitable Living Environment Eligibility: 570.208(a)(3) - Low/Mod Housing ® Decent Housing Priority Need: ON-mer-occupied Housing ❑ Creating Economic Opportunities Specific Objective: Increase availability of affordable ovrier housing. Specific Outcomes Number of first-time homebuyers - 25 households Outcomes: Indicators: Number receiving dovri-payment assistance/closing ❑ Availability/Accessibility costs - 25 households ® Affordability Project Goals: 25 households ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $47,060 Location: Communitv Wide HOME $42,150 Start Date 8/1/2011 Other Sources 0 Completion Date 7/31/2012 Total $89,210 Page 13 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 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 - 40 persons comes: u ® Availability/Accessibility ❑ Affordability Project Goals: 40 People ❑ Sustainability Primary Purpose: ® Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $3,245 Location: 117 West Sycamore, Denton, TX 76201 HOME $0 Start Date 10/01/2011 Other Sources $69,777 Completion Date 09/30/2010 Total $75,982 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: ON-mer-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 - 35 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 $118,017 Location: Communitv Wide HOME 0 Start Date 08/01/2011 Other Sources 0 Completion Date 7/31/2012 Total $118,017 Page 14 MORSE STREET SEWER LINE REPLACEMENT Replacement of an existing 6" sewer line and water line on Morse Street from Bushey to Newton Streets. The project would require a new 8" sewer line and manholes for approximately 1,300 feet. The water line replacement would require a new 12" water line and valves for approximately 1,300 feet. Both of the new lines would be constructed and placed in the street. The existing sewer line is substandard in size, has met the life expectancy with significant age deterioration, is in a state of disrepair and has had a number of service issues with sewer line chokes. The existing water line has had 30 breaks. The project is located in a low and moderate income census tract that has a total of 2,192 people. The project will be carried out by the City's Engineering Department. HUD Matrix Code: 0317 Water/SeNver Improvements 570.201(c) Objectives: Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment Priority Need: Infrastructure ❑ Decent Housing ti E i ❑ C rea ng conom c Specific Objective: prove quality/increase quantity of public Opportunities im rovements for low income ersons p p . Specific Outcomes Number of persons assisted where activity kvas used to Outcomes: ® Availability/Accessibility Indicators: meet a measurable improvement of quality. ❑ Aff rd bilit o a y Project Goals: 2,192 people ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $341,004 Location: CT 21200/BG 2 - 72.72% LM HOME 0 Start Date 10/01/11 Other Sources 0 Completion Date 11/30/12 Total $341,004 SPAN, INC. (SERVICES PROGRAMS FOR AGING NEEDS) Provision of congregate and home-delivered meals to the elderly. Funds will be used to buy meals. SPAN provides meals, primarily to elderly Denton residents or to persons sixty years or older. Home meals are specifically provided to home-bound persons. Congregate meals are provided at two local senior centers. Of the meals provided by SPAN, Inc., 16% are congregate meals and 84% are home-delivered 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 Opportunities Specific Objective: Improve the services for loNv/moderate income persons. m O t Specific Outcomes Indicators: Number of persons assisted with improved access to a service - 400 persons u co es: ® Availability/Accessibility ❑ Affordability Project Goals: 400 people ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subreci Tent: Private 570.500(c) CDBG $21,000 Location: 1800 Malone Street, Denton, Texas 76201 HOME $0 Start Date 10/01/2011 Other Sources $736,303 Completion Date 09/30/2012 Total $757,303 Page 15 OTHER RESOURCES AVAILABLE GENERAL FUNDS Also, during the 2011 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 2011. Category / Agency General Funds Other Funds Total Funds Aging Services Day Stay for Adults - 16 people $5,100 $312,955 $318,055 RSVP - 589 people $7,900 $254,171 $262,071 Emergency Services Denton County HMIS - N/A $18,000 $68,908 $86,908 HOPE, Inc. - reported in CDBG $17,685 $58,297 $75,982 Da Care /After School Care Denton Christian Preschool - 62 people $22,056 $468,845 $482,901 Fred Moore Day Nursery - 105 people $23,556 $503,100 $526,656 Child/Family Services CASA - 228 people $9,500 $657,349 $666,849 Children's Advocacy Center - 300 people $7,040 $1,124,960 $1,132,000 Communities in School - 380 people $7,000 $170,341 $177,341 Other Services Camp Summit- 30 people $2,000 $1,435,417 $1,437,417 Total $119,837 $5,054343 $5,174,180 Page 16 STRATEGIES & PROPOSED PROJECTS The City of Denton's 2011 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 Objective Consolidated 5-yr Consolidated Plan 1-yr Action Plan Plan Outcome Measures Proposed Activities Strategy RENTAL HOUSING STRATEGIES DH-3.1 Encourage and support An addition of 150 P rovide support for developments meeting this Sustainability of he development of affordable units in mixed strategy. Decent Housing small mixed-income income developments with rental developments in 50 units or less would assist accessible areas. in meeting this outcome neasure. DH-2.1 ncourage self- Self sufficiency programs Work with and provide funding when appropriate Affordability of sufficiency among will target households to support transitional housing and self- Decent Housing households that -eceiving rental assistance sufficiency programs administered by Denton -urrently receive rental and other forms of public Housing Authority and HOPE, Inc. and other subsidies and other assistance. Create housing local organizations. forms of public affordability for 3 to 5 support. households per y ear. )H-1.1 Encourage and support Support repairs or Work with Code Enforcement Division and local Availability/ he rehabilitation of -ehabilitation of 5 to 10 rental property owners to identify and support Accessibility of substandard units. nits per year. rehabilitation of substandard units. Decent Housing DH-22 Encourage and assist Approximately 150 renters Continue supporting the City's Homebuyer Affordability of ow-income renters to will be assisted. Assistance Program, DAHC's Affordable Decent Housing ecome homeowners. Housing Opportunity Program, DAHC's Infill New Construction Program and Nevada Court Project, Denton Housing Authority's Family Self Sufficiency Program and Habitat for Humanity. DH-1.2 Target programs and our newsletters per year Disseminate program information in Spanish and Availability/ information to will be sent out. Additional English to organizations serving these groups. Accessibility of minorities and the information will appear on Decent Housing lderly. able channel. OWNER-OCCUPIED HOUSING STRATEGIES DH-2.3 ducate homeowners Information will be provided 11 households will be provided successful Affordability of -egarding home to 8-10 households per year. homeowner education. Decent Housing naintenance and udgeting for major and minor repairs and safe cleaning practices. DH-2.4 Assist low and P rovide minor repairs to Funding of the Minor Repair Program for a Affordability of moderate-income approximately 100 N•ery low minimum of 35households. Decent Housing households with to moderate-income minor housing repairs homeowners. and weatherization. Page 17 Outcome/ 5-yr Objective Consolidated 5-yr Consolidated Plan 1-yr Action Plan Plan Outcome Measures Proposed Activities Strategy DH-3.2 Encourage and assist Assistance to 20 to 35 Funding of the Home Improvement Program for Sustainability of ow and moderate- households. It is anticipated 11 households. Decent Housing income homeowners that 25%-35% of the annual to maintain their units allocation will be dedicated to p to current City of his targeted area. Denton code ,tandards in targeted areas. HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS DH-2.5 ducate homebuyers Information will be provided Support of HUD approved homeowner-ship Affordability of -egarding home to 100 prospective workshops by local agencies and lenders Decent Housing uying process and homebuyers. household budgeting. DH-2.6 ncourage and assist Approximately 100 renters Support the City of Denton's Homebuyer Affordability of ow and moderate will be assisted. Assistance Program and DAHC's Affordable Decent Housing .ncome renters to Housing Opportunity Program with residual become homeowners. funds. It is anticipated that 35% to 50% will be minority households. DH-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 Habitat for Decent Housing Humanity's New Construction Program. CONTINUUM OF CARE - PREVENTING HOMELESSNESS DH-2.8 royide assistance for 1) Support a minimum of 1 a) Support and refer persons to local business Affordability of ow-income 100 units of individual and agency's' First Time Homebuyer classes Decent Housing households to secure and group counseling and and Credit Counseling Classes and sustain safe, educational opportunities lb) Provide funding to HOPE, Inc in support of decent affordable concerning securing and programs housing maintaining a home. 2 a) Provide administrative support and funds including 2b) Continue to support the Tenant 2) Support 750 individual/ Based Rental Assistance from HOME funds family units of services to to the Elderly and Disabled to maintain secure and maintain independent living and to prevent housing including homelessness. prevention of foreclosure and eviction a year. CONTINUUM OF CARE - OUTREACH AND ASSESSMENT SL-1.1 mproye community 1) Continue implementation 1) Provide funds to the Denton County availability/ assessment of needs of HMIS. Increase data Homeless Management Information System Accessibility of and services available sharing and number of to enroll and support homeless service Suitable Liw-ing participants. At least 3 - agencies. navironment 5 agencies should ) Assist the Denton County Homeless participate in data sharing. Coalition to organize a taskforce to create 2) Support development of a and implement a plan to in Chronic county-wide, coordinated Homelessness including a coordinated Discharge Policy and Plan discharge policy. to End Chronic Homelessness in two years. Page 18 Outcome/ 5-yr Objective Consolidated 5-yr Consolidated Plan 1-yr Action Plan Plan Outcome Measures Proposed Activities Strategy CONTINUUM OF CARE - EMERGENCY SHELTER DH-1.3 eet the emergence 1) Support at least 1,000 1) Provide funds to the Denton County Friends Availability/ ,helter and basic emergency shelter nights of the Family Safe Shelter. Accessibility of iealth, food, clothing, of stay a year. 2a) Support local agency with application to Decent Housing and personal hygiene ) Assist local agencies to Emergence Solutions Grant, Supportive needs of the homeless apply for at least three Housing Program. and victims of grants to provide domestic violence. supportive services to all homeless, victims of domestic violence, homeless families or homeless ~-outh. CONTINUUM OF CARE - TRANSITIONAL HOUSING DH-1.4 eet the transitional 1) Support at least 50 1 a) Provide funds to HOPE's transitional shelter Availability/ housing and individuals/ families program to assist 10 people. Accessibility of ,upportive service provided with transitional 2a) Provide local agencies with information on Decent Housing needs of the homeless housing a year grant opportunities for funds to support and victims of ) Assist local agencies to transitional housing and supportive services. omestic violence in apply for at least two 2b) Provide support for the applications to reparation for a grants to provide request Emergency Solutions Grant Funds nove to permanent or additional transitional and Supportive Housing Program funds for ermanent supportive housing and supportive transitional housing and supportive services housing. services 3) Attend Ten Year Plan to End Homelessness 3) Support the increase use meetings and provide information on the of transitional housing importance and need for transitional housing and/or supportive services and/or supportive services. to prepare individuals for permanent housing in the Ten Year Plan to End Homelessness. CONTINUUM OF CARE - TRANSITION TO PERMANENT HOUSING AND INDEPENDENT LIVING DH-3.3 Provide homeless 1) Assist agencies to apply 1 a) Support local Health Services of North Texas Sustainability of and victims of for at least two grants to and Denton County MHMR apply for Decent Housing domestic violence provide permanent Supportive Housing Program funds for with permanent or supportive housing with permanent supportive housing program an emphasis on chronic projects. permanent homeless and persons lb) Provide local agencies with information on supportive housing. with a severe mental grant opportunities for funds to support illness and/ or HIV transitional housing and supportive services. positive status. 2a) Participate in the Denton County Homeless ) Assist at least two Coalition. community partnerships/ 2b) Provide funding to support programs of collaborative efforts to HOPE, Inc, Denton County Friends of the continue to provide Family, and Denton Affordable Housing additional permanent Corporation who have a collaborative effort housing opportunities to to move victims of domestic violence from the homeless, potentially emergency shelter to Transitional housing in homeless and victims of preparation for stable, sustainable permanent domestic violence housing. Page 19 Outcome/ 5-yr Objective Consolidated 5-yr Consolidated Plan 1-yr Action Plan Plan Outcome Measures Proposed Activities Strategy LEAD-BASED PAINT STRATEGIES DH-1.5 ducate homeowners, 30 households and 50-75 40-50 homeowners will receive both the HUD Availability/ -ental property contractors and property pamphlet-Protect Your Family from Lead in Accessibility of )wners/managers & managers received field Your Home and the EPA pamphlet-Renovate Decent Housing contractors regarding guides for painting, home Right. Ten to fifteen realtors will be educated on disclosure, the history maintenance and renovation both the HUD Lead Rule and the EPA RRP Rule. A lead-based paint, work instructions. 20 All contractors contacted will be encouraged to its hazards to children owners, managers or receive EPA certification. and how to use safe contractors receive individual ork practices when sate work practice video disturbing paint in raining for the five-year elder housing. eriod DH-1.6 Reduce Lead-Based verage of 40 units will In properties built before 1978, four minor Availability/ Paint Hazards in -eceive lead-based paint repairs, three owner occupied rehabilitations and ccessibility of owner and renter- inspection, hazard control three homebuyei assistance projects will be Decent Housing occupied residential -eduction work or abatement, completed and receive lead-based paint reduction nits as needed. ass inspections and, when work, pass inspections and meet final clearance in required, meet final clearance compliance with 24 CFR 35 regarding lead-based wer the fire-year period. paint during 2011. For the Homebuyer Assistance Program, only a visual inspection will be conducted and property must pass inspection. HUMAN SERVICES STRATEGIES SL-1.2 Meet the basic food 1) Support at least 300 a) Provide funds to support the Nutrition Availability/ needs of the homeless emergency meals and food Center of Health Services of North Texas to ccessibility of and low-income bags a year provide an estimated 50 persons with Suitable Living weekly nutritional shops. Environment ) Support at least 150 meals b) Provide funds to support SPAN who will and nutritional food provide meals to 350 to persons over 60 or bags/shops a year disabled persons. SL-1.3 eet the basic shelter 1) Support at least 250 1) Provide funds to the Denton County Friends Availability/ needs of homeless emergency shelter nights of the Family Safe Shelter to assist 6,097 Accessibility of and low-income of stay a year people. Suitable Living ersons 2) Support at least 25 2) Provide funds to HOPE, Inc to support a Environment individuals/ families transitional housing program for an estimated provided with transitional 40-65 persons. housing a year 3a) Provide 10 staff hours to support the Denton 3) Provide at least 60 hours County Homeless Count conducted by the of staff time in support of Denton County Homeless Coalition (DCHC). at least 3 projects for the 3b) Provide staff time as necessan- to support the Denton County Homeless DCHC application for Continuum of Care Coalition a year funds. 4) Support 75 individual/ family units of case management and other services to maintain housing including prevention of foreclosure and eviction a year Page 20 Outcome/ 5-yr Objective Consolidated 5-yr Consolidated Plan 1-yr Action Plan Plan Outcome Measures Proposed Activities Strategy SL-1.4 Foster and maintain 1) Participate in at least 3 l a) Participate in the Denton County Homeless vailability/ an environment coalitions and/or Coalition in the effort to prevent and end Accessibility of vhere families, collaborative efforts for homelessness. Suitable Living ieighborhoods, and community initiatives to a) Provide funds to three daycares to support the Environment :ommunities enjoy- foster and maintain an provision of childcare to an estimated 357 ,trong, supportive environment to promote families. -elationships strong, supportive 2b) Provide funds to after school/summer care relationships. programs and the provision of childcare for 2) Support at least 150 56 children. individuals/ family units 3a) Provide support to Denton County Friends of of childcare, after-school the Family for the provision of domestic and summer care, violence and sexual assault victim services parenting skills, and adult including counseling. education assistance a 3b) Provide support to Children's Advocacy year. Center for Denton County to provide sexual 3) Support at least 75 units abuse/assault services to children and non- of domestic violence and offending families members. sexual assault prevention 4) Provide support to Denton County Friends of education and training a the Family for the provision of community year 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 and Availability/ access to health care of health care services a Health Services of North Texas for primary Accessibility of to be as physically year. health care and pre-natal services to at least Suitable Living and mentally fit as 2) Participate in any 1793 persons. Environment possible coalitions/collaborative efforts to improve availability of health care especially for low- income persons, elderly, and people with 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 livability & of applicable this year. Sustainability of sustainability for residents of Suitable Living ow/mod neighborhoods. Environment rojects will support 200 hhs. SL-3.2 Installation of new Promote livability and of applicable this year. Sustainability of sidewalks and sustalnablllty for residents of Suitable Living replacement sidewalks. ow/mod neighborhoods. Environment rojects will support 200 hhs. SL-3.3 Installation of water and Promote livability and P rovide funding for replacement of sewer lines on Sustainability of sewer lines. sustainability for residents of Clifton Street and Morse Street. Provide funding Suitable Living 'onnection of ow/mod neighborhoods. or replacement of water line on Morse Street.. Environment residential units to P rojects will support 150 hhs. ,ervices. Page 21 Outcome/ 5-yr Objective Consolidated 5-yr Consolidated Plan 1-yr Action Plan Plan Outcome Measures Proposed Activities Strategy SL-3.4 nstallation 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 roject will support roperties from approximately 50 hhs. loodplain. SL-3.5 Rehabilitation and I mprove availability & of applicable this year. Sustainability of lpansion of public accessibility of services Suitable Living services facilities. through improvement to at Environment east 2 public service facilities. SL-3.6 mprove and/or expand mprove availability & of applicable this year. Sustainability of ark facilities including accessibility of services to at Suitable Living open space, playground east 2 park facilities. Environment and other recreational racilities. DEMOLITION STRATEGIES SL-3.7 "ontinue to demolish To demolish 20 structures Continued support for the Demolition Program Sustainability of ,ubstandard buildings during the five-year period. with residual funds. Suitable Living o improvement the Environment ippearance and safety A neighborhoods ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES 0-3.1 Support training and P rovide economic P rovide non-federal incentives to organizations to Sustainability of inployment activities opportunity by supporting create jobs. Work with job training organizations Economic argeted to poverty activities that create jobs. to promote training in specific areas of need. Opportunity and very low-income Observe an increase in the households. number of poverty and low- income hhs that achieve self- sufficiencv 0-1.1 lpand educational P rovide economic P rovide funding to transitional housing providers. Availability/ )pportunities for opportunity for transitional Request that information on educational Accessibility of hose seeking housing clients. 25-35 hh opportunities be provided to clients. Economic ransitional housing (over 5 years) receive opportunity )r other housing counseling/educational support services. services. 0-1.2 Encourage support of Over the five-year period 25+ Monitor federally funded projects and work with Availability/ Section 3 goals by individuals hired for projects contractors to ensure that Section 3 requirements Accessibility of local contractors. by private contractors. are fulfilled. Economic Opportunity BARRIERS TO AFFORDABLE HOUSING STRATEGIES )H-1.6 Educate the I mprove accessibility and Quarterly newsletter will be sent out to clients, vailability/Acces community regarding availability of information on local lenders, realtors, agencies, churches, sibility of Decent he benefits of affordable units by providing neighborhood associations, libraries, recreation Housing affordable housing. homeownership and fair enters and many others. Two public hearing will housing information, be held during the preparation of the annual quarterly newsletters, at least action plan and one during the preparation of the public hearings annually. performance report. Page 22 Outcome/ Objective 5-yr Consolidated Plan Strategy 5-yr Consolidated Plan Outcome Measures 1-yr Action Plan Proposed Activities )H-2.9 Dn an annual basis, Create affordability in Continue to request impact fee grants from the Affordability of -equest approval and housing through provision of General Fund for housing non-profits for the )ecent Housing unding for impact an average of three to five construction of affordable housing. ee grants for grants per year over the five- roducers of year period. affordable housing. )H-2.10 llocate funding to Create affordability in Support for Denton Affordable Housing Affordability of he non-profit and housing through construction Corporation's, Habitat for Humanity, Private Decent Housing or-profit of 25 - 50 SF units and 50 - evelopers and the City's Infill New Construction )rganizations that are 100 rental units that are Program. developing affordable affordable to low-income housing. Request that households over the five-year they attempt to period. maximize the everaging of these dollars and provide documentation. Page 23 2011 PROPOSED PROJECT MAP With Minority Concentrated areas by Census Tracts Minority Concentration by Census Tracts 0 - 25% +25%-30% - +31%-40% +41%-50% +50% - 100% Source: U.S.2000 Census a~ Re's d 2011 Projects and Activities 1. MLI Summer Program* 2. Clifton Sewer Line Replacement Project 3. Denton Citv Countv Dav School* Communitv-Wide Activities CDBG and HOME Administration Children's Advocacy Center of Denton Countv Denton Affordable Housing Corp. - Rental Homebuvers Assistance Program 4. Familv Health Care* 5. Health Services of North Texas* 6 Morse SeNver/Water Line Replacement Project 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 24 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 funds 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, funding 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 25 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 funded 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 f riding 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 netirork of organizations participating in HMIs. Page 26 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.fending where available to train contractors and pav increased costs. Work with training organizations to promote training opportunities to local contractors and emplovees. 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 irriting and other forms of ,fundraising. Adi?? nistcr hoiiielcss grant f reds uu,heil 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.fending 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 ip to local code requirements. ADDRESSING THE CHRONIC HOMELESS (UPDATE IN PROGRESS) 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 2011/12 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 27 I. 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. 2. 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. 3. 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 constriction 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 28 Public Hearing Minutes December 6th and 13th 1. Support public garden plots. Set up development programs to encourage this. 2. There are problems with the parking lot near the Chinese Restaurant at Bonnie Brae and University. Spaces are too close causing problems with cars trying to get through the parking lot. 3. Break in the concrete in the front area of the Rosemont apartment community. Sometimes there is water coming up near the cracked area. 4. Neighbor has an issue with a pool that has a leak. Survey Comments 1. Senior citizens need grants to help them improve their homes, etc. 2. Program to help the elderly and the poor pay utility bills. Program to help seniors have a ride/transportation or public service like buses and trains. Grant money to help supplement people or list for housing. Money to fund education programs for first-time homebuyers, regarding credit building. 3. Need for sidewalks in SE Denton. 4. On street improvements, consider Jannie and some of the other streets in the area will be greatly appreciated (Mack Park addition). Also, broken or chipped curves on streets in this area. 5. Can you use these funds on a church? Comments provided by citizens at the SEDNA Meeting on 11/29/2010 1. Resident asked if Homebuyer Assistance Program was still available. 2. Resident asked about demolition program. Staff explained that CDBG funds could be used to demo condemned buildings or could demolish strictures only for low/mod persons who couldn't afford the demolition costs. 3. The fact that senior citizens struggle with their utility bills was mentioned. 4. A need for senior transportation was mentioned. 5. More credit classes. Page 29 ACTION PLAN PUBLIC HEARING MINUTES May 3, 2011 City Council Meeting No comments were received at the May 3, 2011 public hearing at the Denton City Council Meeting. Page 30 MINUTES FROM 30-DAY COMMENT PERIOD April 8, 2011 through May 9, 2011 This section will include comments received during the 30-day comment period. No comments have been received on the plan during the 20 day comment period. Page 31 Approved by Committee 2/15/2011 Official Minutes Human Service Advisory Committee Meeting - November 2, 2010 City Hall East Conference Room, 601 E. Hickory, Denton, TX Members Present: Maria Minerva Vill anu eva- Simental, Teddy Griffin, Mary Behrens, Steve Pogue, Mari Metzgar and Mary Ann McDuff Staff Present: Barbara Ross and Alma Espino Call to Order: Meeting was called to order and staff welcomed members. Approval of Minutes from April 22, 2010: Chair Steve 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 April 22, 2010. Sheryl English seconded the motion. The minutes were approved as written. Chair & Vice-Chair Elections: Mr. Pogue asked for nominations for chair and vice chair. Ms. McDuff nominated Steve Pogue for chair. The motion was seconded by several members. Mr. Pogue was elected by acclamation. Mr. Pogue nominated Mary Ann McDuff for vice chair. Terry Griffin seconded the motion. Ms. McDuff was elected by acclamation. Discussion and Recommendation of Park's Request: Ms. Espino explained the request from the Parks Department. A decision was made, due to various reasons that included funding and lack of participation, to close the Owsley Summer Program. The Owsley Summer Program was awarded $7,013 in City of Denton Human Services funds. Ms. Espino stated that Kathy Schaeffer has requested that the committee consider moving the funds to the King Kids Summer Kamp. The funds would be utilized for the same purpose, but at the Kings Kid Day Kamp. Ms. English stated that the number of low income children in Denton that need these types of programs continues to increase. Mari Metzgar asked if all the funds would have to be given to the camp or could they be disbursed to other programs. Mr. Pogue stated that perhaps the committee could allocate just a portion of the funds to camp. The committee discussed and requested that Kathy Schaeffer make a presentation at the next meeting regarding PARD's request that the $7,000 originally allocated to the Owsley Summer Program be reallocated and added to the MLK Kings Kids program. HSAC Funding History: Mr. Pogue asked staff to provide a history of agency funding over that last year. Alma Espino explained the funding process, provided information on the public hearings, application submission and how she tracks information and monitors the agencies. Ms. Ross mentioned the upcoming public hearings. She added that new census data would be available possibly in April or May and that this would possibly require revising the current Consolidated Plan. Ms. Espino stated that she would send the committee members the web link for the City of Denton CAPER, Consolidated Plan and Action Plan. She added that she would provide them information on the Homeless Count and ensure that they were receiving the Community Development newsletter. Page 32 Review & Approve Application, Assessment Tool, and Hearing Format a. Application Training Dates & HSAC Binder Availability 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 2011-12 Human Services funds. Applications will be made available to the agencies in November and would be due January 19, 2019. Staff will make the applications available to the committee via binders or via flash drive. Ms. Espino asked who would prefer binders to a flash drive. Teddy Griffin and Ms. English asked for binders. All other members requested a flash drive. Ms. Metzgar asked about the revisions to the application. Ms. Espino explained the changes and their purpose. Members approved the application though they also asked if there was any way to streamline the application to make it easier for the agencies to apply. Ms. Espino pointed out that the agencies have already commented that this application was not difficult to do - not as difficult as some other applications. Committee had no other changes to the application or assessment tool. Maria Minerva Villanueva- Simental moved that the application be approved with changes. Ms. Behrens seconded the motion. Approval was unanimous. Ms. Metzgar moved approval of the assessment form. Ms. English seconded the motion. The form was approved unanimously. Members discussed and set up four meetings for review of applications and development of recommendations for funding. The following meeting dates were selected: Application Workshop Sessions, Start Time 9 a.m. Thursday, December, 2, 2009 Friday, December 3, 2009 *One workshop session is mandatory for organizations wishing to submit an application. HSAC Application Presentations, Start Time: 12 p.m. Tuesday, February 8, 2011 Tuesday, February 15, 2011 Tuesday, February 22, 2011 HSAC Funding Recommendation Meeting, Start Time: 12 p.m. Tuesday, March 1, 2011 Review of HSAC General Procedures: Ms. Espino reviewed the revisions to the HSAC General Procedures. Ms. English moved and Ms. Griffin seconded the motion to accept the changes to the document. The procedures were approved unanimously. The meeting was adjourned at 7:25 p.m. Page 33 Approved by Committee 2/22/2011 OFFICIAL MINUTES Human Service Advisory Committee Meeting - February 15, 2011 Civic Center Conference Room, 321 E. McKinney, Denton, TX Members Present: James McDade, Maria Minerva Villanueva- Si mental, Teddy Griffin, Mary Behrens, Steve Pogue, Mari Metzgar, Sheryl English and Mary Anne McDuff Members Not Present: Sara Bagheri Staff Present: Barbara Ross and Alma Espino Chair Steve Pogue called the meeting to order and welcomed James McDade as a new committee member. Ms. Espino was asked to review City of Denton finding priorities. Ms. Espino stated that Community Development Division had met with several focus groups that 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? The top three most significant unmet needs in the City of Denton were found to be as follows: Denton County Homeless Coalition Responses: 1. Housing & mental health services for L/M 2. Health Care Longer term shelter including SROs (single room occupancy) Denton Information Network Responses, 12/03/09: 1. Transitional shelter 2. Health and mental health care for low-income persons 3. Affordable housing and utilities Geriatric Services Workgroup Responses 3/12/10: 1. Improved public transit coverage 2. Affordable assisted living 3. Information and referral, outreach and case management services Ms. Espino stated that if they were to be combined, they could fit into the following categories: 1. Housing (shelters/assisted living/affordable/utilities) 2. Health & Mental Care 3. Public Transit Coverage 4. Information and referral, outreach and case management services Ms. Espino added that there may be other priorities based on new Census figures. Page 34 Ms. Espino reviewed the handouts. Ms. Espino stated that due to the possibility of CDBG funds being reduced, the estimated available CDBG funds for human services had been revised. Also, backup had been provided for Fair Share funds received by the Children's Advocacy Center. Revision to Schedule of Meetings Ms. Espino apologized for the cancelation of the last meeting and provided a recommendation to reschedule the canceled meeting presentations to the March 1, 2011 meeting. She also recommended a night meeting to have more time for the committee to discuss their recommendations. A meeting was scheduled for Tuesday, March 8, 2011 at 6 p.m. Approval of Minutes from November 2, 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 November 2, 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. 2011-2012 Human Services Applicant Presentations Denton County Friends of the Family Donna Bloom, Director of Legal & Advocacy Services introduced herself. Ms. Bloom reviewed the array of services offered by Denton County Friends of the Family and the increase in needs in the community and the need for the funds. Mary Ann McDuff asked if information could be provided on the new office building and fundraisers. Ms. Bloom discussed the capital campaign for the new office building that will allow for much needed office space, the combining of Lewisville and Denton offices, more space for interns, savings and a net gain. She added that this was much needed due to the increase in crisis calls and need for services. Ms. Ross asked for clarification on fundraisers. Ms. Bloom listed various fundraisers that included Rhapsody. Fred Moore Day Nursery School, Inc. Alonzo Peterson, Executive Director introduced himself. Mr. Peterson provided information on the parents of the children attending Fred Moore Day Nursery School and the continued need for these funds. Cost is based on a sliding scale. It is an inexpensive day care but provides quality care. Fred Moore Day Nursery School has developed a Parent Council Association. Parents and students have gotten involved in providing clothing and other items for the community. Sheryl English asked how many kids the center served and what ages are served. Mr. Peterson stated that it serves about 44 kids, but fluctuates. The daycare serves children from six weeks to 6 years of age. Ms. English asked if the school had experienced losses due to the new school offering pre-kindergarten classes. Mr. Peterson stated that the school had experienced losses, but that it was understandable since the school was free to students who qualify. Mr. Pogue asked Mr. Peterson to address previous financial issues and the IRS. Mr. Peterson stated that various changes had occurred and the board had been able to obtain persons with financial background. He added that due to receipt of funds from the Dallas Women's Foundation, they were able to payoff a loan and become debt free. Page 35 Ms. English asked about the student to teacher ratios and meals. Mr. Peterson explained regulations and Fred Moore's teacher to student ratio. Students are also provided breakfast and lunch. Ms. English stated that Mr. Peterson should look at scholarships offered by the Texas PTA. Knights of Light Charities Rich Lubke and Ray LaMarre CFO CPA, board members, introduced themselves. Knights of Light Charities Incorporated owes much of its origins to a small committee of men from the Knights of Columbus Council who formed a homeless committee back in 1992 to provide assistance for those in need. Over the course of 13 years this organization helped countless numbers of individuals in the Lewisville, Flower Mound, and Highland Village area, often taking reference cases from the CCA, Salvation Army, and various local church organizations, distributing tens of thousands of dollars to the local community over time. Unfortunately, the Homeless Committee's primary source of fundraising, collecting donations on street corners, was slowly phased out and made illegal by the various local city councils thus eliminating the ability of the committee to gather funding for distribution. Mr. Lubke stated that the Knights of Light Charities has a diverse board that pays overhead. Any funding awarded by the City of Denton would be utilized only in Denton. They stated that they plan to work with organizations in Denton. There will be no overhead. These funds will allow the Knights to quickly serve persons in the community. Mari Metzger asked who makes the final decisions about who to help. Mr. Lubke stated that the board is responsible. Mr. LaMarre added that there are three board members involved in the payment of assistance. Mr. Lubke added that a budget is set up with local partners, like CCA. Mr. Lubke added that this was not the only assistance provided. They have made donations of computers, clothes and provide their services in volunteering in different locations. Barbara Ross asked if funds had been requested from the City of Lewisville and from the Town of Flower Mound. Mr. Lubke stated that they had and had not received funding, but that their application had been tied with Salvation Army of Lewisville. Mr. Pogue asked how Knights of Light Charities planned to go from assisting 2 to 25 persons. Mr. Lubke stated that the only reason they had assisted so few was due to the limit of funds. Other services have been provided to the area. Mr. LaMarre added that they are working to get connected with Denton agencies. Ms. Ross asked if they plan to have someone from Denton on their board. Ms. Lubke stated yes, and that they have people from all over the community. Mary Behrens asked if Knights of Light Charities was connected with Knights of Columbus in Denton. Mr. Lubke stated they are separate and that their group allows persons from different religious affiliations and women. Communities in Schools of North Texas Dana Smith, Director of Program Research & Grant Development and Hillary Talatzko, board member, introduced themselves. Ms. Smith stated the need for funding and the funding cuts that are occurring. The Texas Education Agency plans to cut 76% of their funding. This will drop the amount from $70,000 to $14,000. United Way is also looking at a cut of 30%. Mary Ann McDuff asked about the agency's fundraisers. Ms. Smith stated that there is the golf tournament, which raises about $18,000 - $20,000, the Gala in April, which raises about $60,000 and the Child Giving Campaign. Page 36 Sheryl English asked in how many schools are services provided. Ms. Smith stated that four case management programs are offered in Borman, Calhoun, Rivera and Denton High School. 21st Century After School Programs provides services at eight secondary schools. This makes it a total of 12 programs in Denton. Mari Metgar asked how many students receive services. Ms. Smith stated that in the 2009-2010 school year, 407 students were case managed for the 4 CIS programs where funding was requested for from City of Denton. However, across all of our programs 1,257 Denton ISD students received services during the 2009-2010 school year. Barbara Ross asked if they worked with the school social workers. Ms. Smith stated that they work closely with social workers. RSVP Diana Corona, Executive Director, and Liz Shearman, Financial Director, introduced themselves. Ms. Corona mentioned a negotiation with their rent, which will allow $7,200 in savings this year. A new program started March 2010, partnered with the Better Business Bureau of Houston Education Foundation with development of senior medical patrols. This program educates seniors regarding billing, Medicare fraud and abuse. The agency is being affected by funding cuts. RSVP is federally sponsored by the Corporation for National Community Services, which is being targeted by the House of Representatives for dissolution. When cuts continue, RSVP will need to start eliminating staff and making other cuts, which is causing a domino effect. Programs continue to grow and currently have an enrollment of 1,200 across Denton County. Mary Behrens asked if RSVP partners with United Way. Ms. Corona stated that one of the goals is to focus on partnering with United Way partners. She wants to show the skills and possibility of RSVP volunteers. Volunteers have the experience to complete strategic plans. Mary Ann McDuff stated that she had an epiphany regarding volunteers and the role of RSVP. Children's Advocacy Center of Denton County Dan Leal, Executive Director and Cameron Cox, board member, introduced themselves. Mr. Cox discussed how he got involved with the agency and provided an overview of the agency. The agency served 329 victims from Denton, which is 19.1% of the total. He stated this is the highest percentage based on victims by city of residence. CACDC is also one of the agencies that work with the Denton Police Department. The agency is unique in their collaboration with different agencies and organizations. Mr. Leal discussed the reason behind the request for $100,000. The board came up with fair share strategy to ask for funding. 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 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. Steve Pogue asked if the plan was to request the funding from City Council. Mr. Leal added that the board hopes to provide the cities with regular updates. Mr. Pogue asked if there was something more than i ust the "fair share" letter that the committee could do for Children's Advocacy Center. Mr. Leal stated that a letter supporting the "fair share" would be very helpful. Page 37 Discussion of Human Services Applications The committee discussed finding availability and cuts. Mary Anne McDuff stated that a good question would be what efficiencies and priorities are you proposing. Closing Mr. Pogue asked the committee if there were any questions. There were no questions. The meeting was adjourned. Page 38 Approved by Committee 3/1/2011 OFFICIAL MINUTES Human Service Advisory Committee Meeting - February 22, 2011 Civic Center Conference Room, 321 E. McKinney, Denton, TX Members Present: James McDade, Teddy Griffin, Mary Behrens, Steve Pogue, Sheryl English, Mary Anne McDuff and Sara Bagheri Members Not Present: Maria Minerva Villanueva-Simental and Mari Metzgar Staff Present: Barbara Ross and Alma Espino Chair Steve Pogue called the meeting to order and welcomed Sara Bagheri as a new committee member. Approval of Minutes from February 15, 2011 Mr. Pogue asked if there were any changes on the minutes. Hearing none, he asked for a motion. Mary Metzgar made a motion to approve the minutes from February 15, 2011. James McDade 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. 2011-2012 Human Services Applicant Presentations HOPE, Inc. Barbara Atkins, Executive Director of HOPE, Inc. introduced herself and stated that she would be making presentations for the Transitional Housing Program and the Homeless Management and Information System (HMIS). Ms. Atkins serves as the Project Manager for HMIS. Carl Seiler is the Project Coordinator and is not available to present because he is trying to complete the 2011 Homeless Point In Time Count. Transitional Housing Program - Ms. Atkins stated that at the Homeless Conference, the Annual Homeless Assessment Report (AHAR), a report to Congress on the extent and nature of homelessness in America, found that there is an increase in family homelessness. There are about 643,000 people homeless on a single night in January 2009. This amount is down due to persons not being counted from supportive housing. Due to new regulations and new definition of homeless, HOPE has worked hard to adapt programs to comply. Homelessness Prevention and Rapid Rehousing (HPRP) has provided much needed funds and has allowed us to transition to the upcoming Emergency Solutions Grant. HPRP funds were awarded to three agencies and will be ending this year. This will cut positions and funding that is necessary to meet the needs in the community. Homelessness prevention has become very important in funding grants. Why prevention - it decreases the return to a crisis situation. Denton is in a good position to remain competitive with grants. Collaboration will be key. Homeless Information and Management System - Ms. Atkins described the services provided by Homeless Management Information System (HMIS). Agencies requesting federal and state funding are required to utilize the HMIS data system. HMIS reports information regarding social service agencies Page 39 serving the homeless. Mr. Seiler provides tech support to local agencies. The program assists with data sharing and to help with referrals. HMIS also provided data to AHAR. The Denton County Homeless Coalition has requested that the HMIS take the lead role in teaching and in completing the Point In Time Homeless Count. Steve Pogue had noted that 10% of HOPE's income came from fundraising. He asked if this has this been more difficult. Ms. Atkins stated that it has been more difficult, and has been a challenge for the board. Mary Ann McDuff asked what HOPE was doing regarding the need for a homeless shelter. Ms. Atkins stated that it was not the mission of their agency, but that it was needed in the community. It will be interesting to see the final numbers of the Point In Time Homeless Count. There is movement for development of a shelter and HOPE will support this effort. Mary Ann McDuff asked with what agencies HOPE collaborates with. Ms. Atkins stated that HOPE collaborates with churches, Christian Community Action, emergency service programs, school districts, landlords, Interfaith, and Denton Affordable Housing Corp. (DAHC). The collaboration with DAHC has provided 20 housing units to help 20 families for longer term assistance. Steve Pogue stated that per data, churches are the backbone of HOPE, he asked if they had seen an increase in their participation? Ms. Atkins stated that donations had remained the same, but there had been an increase in support and in-kind projects. Health Services of North Texas - Food Pantry & Health Clinic Susan Stambaugh, Director of Clinical Services, and Breanna Bouchard, introduced themselves. Ms. Stambaugh provided information describing where HSNT is headed. The agency has applied for federal designation as a qualified health center. The two local hospitals have provided the funds to have a doctor available. This will allow the clinic to see more people. 60% of clients are from the city of Denton. The clinic estimates that they will be seeing 12,000 clients in 2012. What the request will support is the ability of the clinic to offer diagnostic services and prescriptions. Funds for these services are currently not available. Also, due to the clinic's previous working relationships, reduced prices are available. The importance of a diagnosis can assist in getting a client in to see a specialty doctor (ex. cardiologist). The food pantry provides supplemental supplies of food to help ensure that HIV+ clients receive the proper amount of nutrition they need to stay healthy. If clients do not receive adequate protein, their drugs won't work. Steve Pogue stated that he had noted an increase in donations and successful fundraising. He asked what this was attributed to. Ms. Stambaugh stated that positions had been added whose challenge has been to increase donations and fundraising. She hopes that it will be more successful. Ms. Stambaugh noted that CDBG funding cuts will affect these programs. She hopes that these funds will not be cut. Ms. Stambaugh stated that the amount requested had been increased and this will allow them to serve more clients. She thanked the committee and City for their continued support. Family Health Care Patrice Capan introduced herself as Executive Director of Family Health Care. She is also a nurse practitioner. Besides the obstetrics/gynecology services offered, the clinic sees patients with other health issues, from eyes, dental, feet, breast mass, hypertension to diabetes. Clients' sense of trust with the care received, long term loyalty to FHC, and the agency's 23 year tradition of compassionate service recruits clients and referrals from area agencies. Of the clients seen, 40% were from the city of Denton. About 79% Page 40 of patients stay with the clinic through delivery. This is a significant number. The clinic has moved and is paying $1 a year for rent. The space was offered by Denton Regional Hospital. This clinic offers the biggest "bang for the buck" by providing much needed prenatal care. Otherwise, the medical community will be responsible for managing a late pregnancy care, which can be costly and detrimental to both the mother and the baby. Ms. Capan added that their patients are also provided a copy of their charts, so if for some reason they are not in the area for delivery, medical staff will have their information on their pregnancy. Mary Ann McDuff asked where the office was and why was the move necessary. Ms. Capan stated that it is located in the Denton Regional business building at 3537 S. I-35 E, Suite 210, Denton. The reason for the move was that Family Health Care was in danger of having to file bankruptcy, due to new amounts being reimbursed by Title X funds. Both local hospitals were approached and after consideration about the agency closing, causing an increase in no prenatal care that will cause an increase in births in emergency rooms, a win win recommendation was made. Denton Regional Hospital agreed to provide office space and Texas Health Denton would provide funds. There were some concerns about the utilization of the hospitals, but deliveries are about 50150 in both hospitals. There were also some concerns about patients being intimidated about their new location, but patients really like the office. Mary Behrens asked why the number of Denton Residents had dropped. Ms. Capan stated that this was due to the lesser amount of funds received. Also, City of Denton funds are utilized for care costs for the first two to three months, until Medicaid becomes active. Sometimes the amount of patients can vary. Sara Bagheri asked if the agency utilized the natural birthing centers in the area. Ms. Capan answered that patients can deliver anywhere they want, but she has to use OB/GYN Medical Directors to see their high risk patients and for them to work under. The patients then choose to deliver with them. Denton City County Day School Eddie Garcia, Executive Director, introduced himself. 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 requirements and inspections from various groups, and since the school has been opened, it has only had three deficiencies. The school has a great history and does a great job in providing care and preparing children for kindergarten. Sheryl English asked what were the ages of the children and up to how many children can the facility have. Mr. Garcia stated that they can enroll up to 84 children, but currently have about seventy-seven children between the ages of two and five. There is a waiting list. Children have a tendency to be at the school from the age of two and have their siblings enroll. Mary Ann McDuff asked what the requested funds will be used for. Mr. Garcia stated that the funds will be used to cover part of teachers' salaries. There is need to maintain good and consistent care and this means maintaining good teachers. Ms. McDuff asked what the annual salary is for teachers. Mr. Garcia stated that the highest paid teacher is paid $12.50 per hour. The board thinks it is important to retain good teachers, so the board decided to offer benefits. 100% of health insurance is provided. Mary Behrens asked how many teachers the school has. Mr. Garcia stated that the school maintains child to teacher ratios that are below state requirements to ensure that children are provided with positive interactions. There are two per class and floaters (temp) are available when a teacher is absent. During the summer program more teachers are available. Page 41 Sheryl English asked if there had been a decrease in enrollment due to the new school in Denton. Mr. Garcia stated that there had initially been a little decrease, but the children are coming back. The new school only offers '/z days and most parents need care all day. Ms. English added there is probably another issue with the new school not being open in the summer. The recession has affected enrollment more significantly than the new school has. Sheryl English asked a question regarding the weekly fee; is it discounted if the household has more than one child in the school? Mr. Garcia stated that the weekly fee is based on a sliding scale dependent on family size and total family income. It is between $67 and $95 and no, it is not reduced for more than one child. The rate is already very inexpensive. Mr. Garcia added that he welcomed visits from the committee. People are always surprised by the quality of the facility. Please call or come by, except during nap time. Barbara Ross mentioned that CDBG finds had funded various additions, repairs and other items. CDBG finds are very important to organizations like DCCDS in the community. Denton Christian Preschool Judy Royal, Executive Director and Ray Jordan, Board Member and Treasurer, introduced themselves. Ms. Royal stated that the agency was requesting finds for the salary of a bilingual teacher and a bus driver. She noted that the new school has not had a tremendous impact on enrollment. The reason for this is that the new school does not offer transportation. There are currently 105 children on the waiting list and the need remains great even with the new school in the community. Mr. Jordan stated that financially the school's expenses have remained the same, but expenses have grown. The school has had to access their reserve and implement new fundraising. There are concerns that there may be further reductions and required legislation has been costly. Barbara Ross asked if there was something that caused the need for the fundraiser for the teachers' salaries. Ms. Royal stated that there had been a change in the economy and contributions had dropped, as well as United Way reduced their allocation. Rather than dropping salaries, the school added a fundraiser. Mr. Jordan added that the school had needed to make some staff cuts, but remaining staff has stepped in to help where needed. There has also been a reduction in salaries. Mr. Jordan mentioned the upcoming Mexican Supper fundraiser. Barbara Ross mentioned that Denton Christian Preschool was making a request for CDBG finds to update the playground in order to meet State requirements. Closing Mr. Pogue asked the committee if there were any questions. There were no questions. The meeting was adjourned. Page 42 Approved by Committee 3/8/2011 OFFICIAL MINUTES Human Service Advisory Committee Meeting - March 1, 2011 Civic Center Conference Room, 321 E. McKinney, Denton, TX Members Present: James McDade, Teddy Griffin, Steve Pogue, Sheryl English, Mary Anne McDuff, Sara Bagheri, Maria Minerva Vill anueva- Si mental and Mari Metzgar Members Not Present: Mary Behrens Staff Present: Alma Espino Chair Steve Pogue called the meeting to order. Announcements: None Approval of Minutes Mr. Pogue asked if there were any changes on the minutes. Sara Bagheri noted a correction of wording from natural birthing centers not national birthing centers. Sheryl English moved that the minutes be approved. James McDade seconded the motion. The minutes were approved as corrected. Discussion of Application Process Alma Espino discussed the evaluation. Ms. Espino requested the evaluations be submitted via email, by noon Friday. Ms. Espino asked if this would be sufficient time to complete the evaluations. The committee agreed to the deadline. Mr. Pogue requested that a reminder email be sent with the deadline. Discussion and Recommendation of Park's Request to Reallocate 2010-11 Owsley Summer Program awarded funds to Kings Kids Day Kamp Alma Espino provided a quick overview of the request. Kathy Schaeffer from the Parks Department was asked to provide further detail. Ms. Schaeffer stated that the Owsley Summer Program was eliminated due to budget cuts and issues with attendance. Also, parents had issues with the setup. They did not like their kids being picked up at the park and transported to another location. More openings have been added to the Kings Kids Day Kamp and the Parks Department is requesting for the committee to consider reallocating the fronds to the Kings Kids Day Kamp. 2011-2012 Human Services Applicant Presentations City of Denton PARD - Kings Kids Day Kamp Kathy Schaeffer continued with the 2011-12 application for finding presentation. Ms. Schaeffer stated that the camp is offered during the summer, Monday-Friday, from 9 a.m. to 5 p.m. The applicant requirements have been revised; an applicant is required to provide certain documentation and at least one parent is required to be working or going to school. Sheryl English asked if finds are allocated will the camp have a greater waiting list. Ms. Schaeffer stated that there Kings Kids Day Kamp waiting list is usually a longer than for Owsley. Parents lust didn't like the structure of Owsley and put had a tendency to put their children on the waiting list for the Kings Kids Day Kamp. Page 43 Steve Pogue asked regarding the canceled IMAGINE program mentioned in the application. Ms. Schaeffer stated that the IMAGINE program provided opportunities to students that were either failing or significantly struggling with school. The program would allow staff to work with them for 6 months doing leadership training, anger management, intensive tutoring, community service and fundraising. After this time they were eligible for a trip, like to Washington, D. C. Sheryl English asked what the costs were for these trips. Ms. Schaeffer stated that with airfare and hotel the cost could be about $7,000. It was a good program, where the kids worked hard and put in a lot of hours to participate in the program. Ms. English asked if there was another way to still offer the program, maybe a trip to a local area. The program is very beneficial and teaches leadership. Ms Schaeffer stated that there has been some talk about maybe offering the program and a trip locally, like San Antonio. Steve Pogue stated that in the past the camps had received funds from the Park Foundation. Are they still providing funds? Ms. Schaeffer stated that the Foundation is focusing their funds to pay for scholarships for''/z day camps. This may change in the future. Discussion and Recommendation of Park's Request to Reallocate 2010-11 Owsley Summer Program awarded funds to Kings Kids Day Kamp Alma Espino asked for clarification on what the reallocated funds would be utilized for. Ms. Schaeffer stated that the reallocated funds would be used to fund salary costs for a camp counselor. The committee discussed the recommendation to reallocate 2010-11 Owsley Summer Program awarded funds to Kings Kids Day Kamp. Sheryl English made a motion to reallocate funds to the Kings Kids Day Kamp. James McDade seconded the motion. The motion was approved. Special Programs for Aging Needs (SPAN) Deb Robertson, new Executive Director and Toni Haithcock, RD, LD, Nutrition Services Manager introduced themselves. Ms. Haithcock stated information on other program provided by SPAN. Senior Paws is a program that supports the needs of the Meals on Wheels clients by providing monthly pet food supplements. Senior Paws will help to ensure that seniors are not sharing their hot lunches with their beloved companions when they are unable to afford enough pet food. SPAN is also offering Lifeline. Lifeline is an emergency telephone link to a monitoring center that is activated by a subscriber pressing a button on a pendant that is worn around the neck. The subscriber can then speak with a trained specialist about their problem and can get appropriate help, ranging up to the arrival of emergency medical personnel, police or firefighters. SPAN will install a Lifeline Emergency Response System with no installation fee and maintain the system for $35 per month. SPAN provides congregate meals and home delivered meals. Sometimes the home delivered meals are the client's only contact. Hunger for seniors is on the rise and continues to increase. SPAN served 855 persons in Denton County. Baby boomers are getting older and they will be needing assistance. Ms. Haithcock stated that SPAN's strategic funding and goal is to have sufficient meals for emergency situations, as well as to have enough funding to provide immediate needs and food for example if someone is getting out of the hospital. Currently, clients would need to be referred to a food pantry. Sheryl English asked what other goals SPAN had for southern Denton County. Ms. Haithcock stated that currently, there are meal routes and persons can be delivered to if they are within 10 miles of a hot site. Where congregate meals are provided. Otherwise a person is eligible for one hot meal and four cold meals. Mari Metzgar asked what funds are specifically going to provide the service for Lifeline. Ms. Haithcock stated that the funds are being provided by another program, not City funds. Page 44 Steve Pogue asked about the reduction of AAA finding. Ms. Haithcock replied that there has been a 35% reduction. AAA is taking finds from larger communities to provide to smaller communities. Sara Bagheri asked about eligibility requirements for the SPAN meal program. Alma Espino provided general eligibility requirements. Camp Summit Lisa Braziel, Camp Director and L. Kimberly Karl, Board Chair introduced themselves. Ms. Braziel stated how their programs assist families and benefits the individual being assisted. In 2010, the program served 1500 campers. The program offers weekend, spring and summer camps to adults and children with disabilities. 81 campers were served during spring break. They are now offering a camp during the fall for adults because kids will still be in school. Ms. Karl mentioned the finding issues. After partnering with United Way of Dallas for years, United Way has changed their priorities and are not finding Camp Summit. This is a loss of $150,000 to the budget. Ms. Braziel described a specific camper's experience. Many times this is the only social and recreational activities available. Ms. Braziel added that besides the benefits it provides the campers, Camp Summit provides quite an impact and respite to the families of the campers. A lot of times the caregiver/family has been providing care for many years. Mari Metzgar stated that based on their application, Camp Summit serves 2% of city of Denton residents. Ms. Metzgar asked what other communities are providing finding in north Texas. Ms. Braziel stated that finding is provided by Flower Mound, Lewisville, and Farmers Branch. Camp Summit is always working to obtain finding from other areas. Ms. Karl mentioned how the camp had affected various citizens of Denton. The camp is working to increase numbers of campers in Denton. The ages of campers have been from the age of 6 to 87 years of age. Sheryl English asked regarding the list of disabilities because she would like to provide that information to her daughter who works with persons with disabilities. Ms. Braziel stated that Camp Summit is the best kept secret. She added that services are available to campers with different disabilities. Mary Ann McDuff asked if the camp was not located in Montague County. Ms. Braziel stated that the camp is still located in Denton County and the plan is to move in 5 years. James McDade asked how the United Way of Denton finding will affect the agency. Ms. Braziel stated that the agency had budgeted to not expect finding. The agency does not currently fit into the vision though people can designate their finding to Camp Summit. The plan is to reapply. James McDade asked regarding the board. Ms. Karl stated that the agency is working to recruit more board members. Court Appointed Special Advocates (CASA) of Denton County Sherri Gideon, Executive Director introduced herself. Ms. Gideon stated the importance of the agency is to the children in the community. There have been 18 nationwide studies that have shown that with advocates; children did better in school, are more likely to graduate, do better in services, their parents access more services, there are less foster changes, less time in the foster system and less returns to the foster system. Their most recent goal is to reduce the cost per child served. Currently, the cost per child is Page 45 about $1,400 locally. It is $1,100 nationally. The hope of the agency is to increase volunteers to 70% of cases, which would reduce costs to $1,142 per child. Last year the agency served 85% of children in Denton County. Why fund CASA? The agency has maintained good partnership with Denton and is an important service in the community. The request is only for 2% of CASA's budget, while 46% of persons served were from Denton. Sara Bagheri asked how volunteers are found. Ms. Gideon stated that they utilize state and national advertising. The agency is located on 6 to 7 sites on the internet. Presentations are also made in the communities. Mary Ann McDuff mentioned the availability of RSVP and their pool of senior volunteers. Sara Bagheri asked how many typical cases are given to a volunteer. Ms. Gideon stated that normally about 2 cases, but some volunteers have up to 4 cases. Day Stay for Adults, Inc. Erica Strain, Executive Director and Derek Logan, Associate Director introduced themselves. Ms. Strain is located at the Lewisville location and Mr. Logan is located at the Corinth location. The Lewisville and the Corinth locations serve about 22 clients a day. The Denton site used to serve about 17 persons per day. Rates average about $44 per day, and the center accepts Medicaid. Currently, 7 to 8 clients are from the city of Denton and fall in the low to extremely low income category. Ms. Strain stated that they are working to provide services not only to the elderly, but to the younger population, who need the services. Even with the changes in location, the agency still provides services to fanulies who have been with them since the beginning. Mary Ann McDuff asked regarding backgrounds of Ms. Strain and Mr. Logan. Ms. Strain stated that she had a background in Special Education, which had made her aware of the organization. She liked what she saw and joined the organization. Mr. Logan stated he had a background in case management at a State School. Closing Mr. Pogue asked the committee if there were any questions. There were no questions. The meeting was adjourned. Page 46 Approved by Committee 5/2/11 Official Minutes Human Service Advisory Committee Meeting - March 8, 2011 City Hall East, 2nd Floor Conference Room, 601 E. Hickory, Denton, TX Members Present: Mary Behrens, James McDade, Teddy Griffin, Steve Pogue, Sheryl English, Mary Anne McDuff, Sara Bagheri, Maria Minerva Villanueva-Simental and Mari Metzgar Staff Present: Barbara Ross and Alma Espino Chair Steve Pogue called the meeting to order and asked for any announcements. Alma Espino asked if there were any issues with the emails sent. Approval of Minutes from March 1, 2011 Mr. Pogue asked if there were any changes to the minutes. Hearing none, he asked for a motion. Teddy Griffin made a motion to approve the minutes from March 1, 2011. Sheryl English seconded the motion. The minutes were approved as written. Results of Individual Recommendation Sheets Alma 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 available. Ms. Espino asked if anyone had any questions or if any corrections were noted. The total amount equaled $256,920. Steve Pogue discussed the amount of funds available for recommendations. Both CDBG and general funds are based on an estimate. Mr. Pogue recommended that each agency be discussed, and the committee member who made the largest and smallest recommendation explain their reason(s) 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. Camp Summit Camp Summit was discussed. Mari Metzgar stated that she recommended not funding the agency, because at this time, basic services, like food, are more important. James McDade added that they provide a good service, but that at this time the funds are not there. Maria Minerva Villanueva- Simental stated her support for the program and that she works with many students who utilize the program. Mari Metzgar recommended that due to other needs, that agency be recommended for funding of $2,000. Members agreed to recommend to fund the agency $2,000. Court Appointed Special Advocates (CASA) CASA was discussed. Teddy Griffin stated that this agency was important but that the funding amount proposed probably should have been lower due to them already receiving money from the Benefit League. James McDade stated that he had based his funding level on all of the money the agency has coming in. Sheryl English stated that those funds are not guaranteed. Every agency is receiving cuts. Mary Ann McDuff stated that there are cuts everywhere. Members agreed to recommend funding at the average amount of $9,500. Page 47 Children's Advocacy Center Members discussed the request from the Children's Advocacy Center of Denton County. Sheryl English stated that the agency is important. Barbara Ross explained Fair Share. The amount is unknown and can only be estimated. Mary Ann McDuff stated that she had recommended the same amount funded last year and that Children's Advocacy Center has mega fund raisers. Sara Bagheri stated that she had been confused about fair share funds and probably would have recommended a lower amount if she knew these funds were available. Steve Pogue stated that it would be beneficial if the committee knew the amount of Fair Share funds that would be provided. Alma Espino stated that this amount is unknown and how they come up with this amount is also unknown. Ms. Bagheri complimented the application and cost per services. Ms. McDuff added that the agency had a good history and director. Members discussed fair share funds and the need to know this amount prior to funding the agency and the need for this to become part of the police budget. Members agreed to recommend to fund at $10,000. City of Denton PARD - Kings Kids Day Kamp Summer Playground Program Members discussed the Kings Kids Day Kamp summer playground program. Teddy Griffin stated that she recommended funding because per Kathy Schaeffer, the program was not going to receive funds from the Parks Foundation. There is a greater need. Alma Espino noted that the Owsley Sumner program was no longer available. Sara Bagheri stated that there were other places to cut and this was a great program and the only free summer camp. She added that any program offering services in this early stage in life was a good program. Members agreed to recommend to fund at $12,000. Communities In Schools Communities In Schools was discussed. Sheryl English stated that the program was valuable. James McDade stated that they, like all the agencies, need to fundraise more. He added that the board doesn't help with funds. Mary Ann McDuff stated that she is aware of the agency through United Way. Due to State budget cuts, this program will be impacted. The agency also has several fundraisers, which includes a gala. They also have a grant writer, staff and are a United Way agency. Mari Metzgar stated that the agency provides incredible services and recommended an increase. Members agreed to recommend to fund at $7,000. Day Stay for Adults Day Stay for Adults was discussed. Maria Minerva Villanueva- Si mental stated that she liked the program and people need this program. Teddy Griffin stated that this year was very difficult and she put money elsewhere. Mari Metzgar asked for them to take a look at increasing their amount. Sara Bagheri stated a concern regarding funding health insurance. Alma Espino stated that based on reimbursement rules and the amount of tracking that would be required, it would be recommended that their application be revised, as it was last year. The City would reimburse the difference between what Medicaid reimburses and their daily rate. Steve Pogue added that the agency should be made aware of this prior to submitting next year's application. Ms. Bagheri stated that she was concerned with the application. Ms. Espino stated that she would discuss with the agency and let them know that the reimbursement on the difference between what Medicaid reimburses and their daily rate would be the option funded. Members agreed to recommend funding the average of $5,100. Denton Christian Preschool Denton Christian Preschool was discussed. James McDade ranked them high, due to the economy and the need for affordable childcare. Sheryl English stated that it was important and a needed program. Daycare is very expensive and there are very few that offer affordable day care. Mary Ann Page 48 McDuff stated that the daycares needed to be funded at last year's anlount. Members discussed and agreed to recommend to fund at $22,056. Denton City County Day School Members discussed Denton City County Day School. Sara Bagheri stated that she recommends fully funding the application. She added that she liked their application, their numbers and that it was one of the fairest in pay scale for staff/administration. The agency manages their dollars and is partially self sufficient. Again, any program offering services in this early stage in life is a good program. Steve Pogue stated that he likes their philosophy and that they had a good administrator. Mary Ann McDuff stated that she was most impressed with Eddie Garcia, the numbers, quality and quantity. She also recommends an increase from last year's allocation amount. This program has a high impact. Members agreed to recommend to fund at $26,550. Denton County Friends of Family (DCFOF) DCFOF was discussed. Sheryl English stated that they have a lot of fundraisers. Teddy Griffin stated that she had recommended an increase and that it was near and dear to her heart. James McDade stated that the agency has money from other sources, like the Restore. Members agreed to recommend to fund at $24,940. Family Health Care Family Health Care was discussed. Mari Metzgar stated that health services were more critical, due to the economy. There is a greater need. This agency impacts the community and touches lives early. James McDade stated that he recommended less funding due to the agency receiving help from the three local hospitals, which included free rent. Alma Espino stated the history as to why Family Health Care was now receiving free rent from Denton Regional. The agency was in financial crisis and was in danger of closing. The agency approached the hospitals and due to the impact to the community, they decided to assist. Teddy Griffin stated that she had recommended less funding due to them obtaining various grants and that they were receiving a lot of financial help from different sources. Sara Bagheri stated that prenatal care is a necessity and that the recommended the amount should be closer to last year's amount. Their access to the hospitals shows savvy management. Ms. Metzgar recommended a higher amount. Members agreed to recommend to fund at $19,000. Fred Moore Nursery School Members discussed Fred Moore Nursery School. Sara Bagheri stated that she is partial to early childhood care agencies and that the agency fulfilled a need for low cost day care. Mary McDuff stated that she recommended funding the agency. The agency provides infant day care and needs the support. Sheryl English stated this day care is utilized and wanted to change her recommendation from lower to a higher amount. Mary Ann McDuff stated that day cares needed to be funded at last year's amount. Members agreed to recommend to fund at $23,556. Health Services of North Texas (formerly known as AIDS Services of North Texas) Health Services of North Texas was discussed. Teddy Griffin stated that she recommended less due to the need to divide funds and the fact that the agency has received a Flow grant. Mari Metzgar stated that a high percentage of clients live in Denton. She added that health care is very expensive and not providing this service could have dire consequences. Steve Pogue asked regarding the closing of People's Clinic. Alma Espino stated that Health Services of North Texas did take over the agency when they closed, and they were also given the reallocated remainder of the City of Denton Human Services funds. Mary Ann McDuff stated that this has allowed the agency to expand. Mary Page 49 Behrens stated that the two hospitals have provided a doctor. Members agreed to recommend funding the average of $21,990. HOPE, Inc. - Transitional Housing Members discussed HOPE, Inc. Maria Minerva Villanueva- Si mental stated that she lilted the program because it provides help in emergency situations and for a long term basis, plus the agency provides education and resources. Teddy Griffin stated that this service was needed to address the increase in homeless families. Members agreed to recommend funding the average of $20,930. HOPE, Inc. - Homeless Management information System HOPE, Inc. - HMIS was discussed. The HMIS System is required for all agencies requesting federal and state funding who are required to utilize the HMIS data system. 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 to help with referrals. HMIS also provided data to AHAR. The Denton County Homeless Coalition has requested that the HMIS take the lead role in teaching and in completing the Point In Time Homeless Count. Members agreed to recommend funding the agency for $18,000. Knights of Light Charities Members discussed Knights of Light Charities. Maria Minerva Villanueva-Simental stated that only two clients were served in Denton. Mari Metzgar stated that the two persons had been obtained from Salvation Army. Ms. Metzgar added that she was concerned with the approval process. Various members agreed that the agency needed to improve their process. Members agreed to not recommend the agency for funding. Retired Senior Volunteer Program (RSVP) Members discussed RSVP. Mari Metzgar stated that the agency fills a gap with volunteer needs in the community. Various members recognized the benefit to the community and recommended an increase over the average. Members agreed to recommend to fund at $7,900. Special Programs for Aging Needs (SPAN) SPAN was discussed. Mary Ann McDuff asked regarding the stimulus funds. Staff explained that several agencies had received stimulus funds. Members agreed to recommend to fund at $21,000. Approval: Funding Recommendations Alma Espino stated that amounts for CDBG and General Funds are subject to approval by City Council. Alma Espino stated that she would advise the committee regarding the date for the Council work session presentation of 2011-2012 Human Services funding recommendations. Barbara Ross stated that the final CDBG amount is unknown and could be cut. A decision was made to approve the funding and meet again if changes were requested. Sara Bagheri made a motion to approve the funding recommendations and James McDade 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. The letter would be forwarded to Steve Pogue for Review. The meeting was adjourned. Page 50 UNOFFICIAL MINUTES Human Service Advisory Committee Meeting - May 2, 2011 City Hall East, Human Resources Conference Room, 601 E. Hickory, Denton, TX Members Present: Teddy Griffin, Steve Pogue, Sheryl English, Sara Bagheri, Maria Minerva Vill anueva- Si mental and Mari Metzgar Members Not Present: Mary Behrens, James McDade, Mary Anne McDuff Staff Present: Barbara Ross and Alma Espino Steve Pogue, Chair, called the meeting to order. Alma Espino, human services coordinator, announced that the public hearing to obtain citizen comments on the proposed 2011 Action Plan would be at the City Council meeting on May 3'd. She also noted that the HSAC and CDAC recommendations would be presented to City Council at the work session on May 17thMr. Pogue indicated that the work session was somewhat informal and that Council members had the opportunity to ask questions regarding the committee's recommendations. Committee to Review & Revise 2011-12 Funding Recommendations / Approval Members discussed the additional reduction to the City's CDBG allocation. Mary Metzgar asked staff to explain the two proposals that they had received. Ms. Espino explained that the City was notified of the approximate amount of the CDBG allocation for next year which is a reduction in the amount previously budgeted by the HSAC. She stated that both proposals provided to committee members reduced funding previously allocated to the Children's Advocacy Center (CAC). Ms. Espino stated that it was possible CAC would receive the additional funding from the City under their "Fair Share" request. This proposal set the general fund dollars allocated at $119,837, which was the close to the amount of general funds allocated to human services in 2009-2010. The second proposal would reduce the general funds allocation to $115,345 which is the 2010-11 level of funding. Ms. Metzgar asked about the impact to the Children's Advocacy Center if no additional funding is available. Ms. Ross stated that final funding agreements are not executed until October, so that if CAC needed additional funding to maintain current service levels there would be an opportunity to make budget revisions or seek additional funding. Ms. Espino added that she talked with Dan Leal, executive director of CAC, and he had no concerns regarding the HSAC's recommendations based on the fact that "Fair Share" funding would probably also be available. Ms. Metzgar and Ms. English both stated that they supported the proposal that included the $119,837 in general fund dollars. Ms. Metzgar mentioned the $1 per capita standard but, stated that she felt the higher level of funding was necessary to support these agencies and their services. Ms. Bagheri, Ms. Villanueva and Ms. Griffin indicated that they agreed. Mr. Pogue asked if there was a motion to accept the proposed budget recommendation. Ms. English moved to accept recommendation number one. Ms. Griffin seconded the motion. The motion was approved unanimously. Approval of Minutes from March 8, 2011 Mr. Pogue asked if there were any changes to the minutes. Hearing none, he asked for a motion. Sheryl English made a motion to approve the minutes from March 8, 2011. Teddy Griffin seconded the motion. The minutes were approved as written. Members discussed the public hearing and the presentation to the Council on the May 17th meeting. The meeting was adjourned. Page 51 Community Development Advisory Committee Meeting November 12, 2010 Approved Minutes Members Present: Chris Briggs, Bob Gorton, Herbert Holl, Gerard Hudspeth, Ray Jordan, John Siegmund, Dorothy Watts Members Absent: Cathy Tedrick Staff Present: Barbara Ross Ms. Ross welcomed the committee members. Mr. Hudspeth and Mr. Jordan took their oath of office as members of the Community Development Advisory Committee. The members of the committee introduced themselves. Ms. Ross reviewed the program requirements and eligible activities under the Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) programs. She also reviewed the public works, non-profit facility projects and housing programs that were in progress. Ms. Ross provided budget information and explained that funds have been committed to projects that should be completed early in 2011. Mr. Siegmund asked what the committee's role was in regard to these programs. Ms. Ross explained that the committee was responsible for reviewing applications for project/program funding and developing funding recommendations to be presented to City Council. The CDAC recommendations would be based on community needs. The information received from various organizations requesting funds and input from the public in general is used to help determine community needs. Mr. Siegmund asked if funds had to be returned to the Federal government if they were not used by the City. Ms. Ross explained that HUD has a "timeliness test" and that grantees could have no more than 1.5 times their annual CDBG allocation in their letter of credit near the end of the program year. If a city has more than this amount, then they could be asked to give up that amount of funding. Ms. Ross commented that, since the inception of the program in 1985, the City of Denton has not had to return any CDBG or HOME funds to the Federal government. Members reviewed the 2010-2011 application form. Gerard Hudspeth commented that those requesting funds do not always provide an adequate description of the population they intend to serve. He asked if requesting organizations could be more detailed in this description. Ms. Ross pointed out that this should be part of their response to Section II, e, and that she would emphasize at the training that more information needs to be provided. It was also noted that Ms. Ross should request more information regarding marketing of services in response to Section VII of the application. Members discussed the need for more financial information. Mr. Briggs suggested that the committee review financial information from at least the past three years. Members agreed to request these records from any organizations applying for Page 52 project funds except City departments. This would include revenue, income and expense statements and balance sheets. Ms. Ross gave the committee the public hearing information. Mr. Siegmund asked how the public hearings were advertised. Ms. Ross stated that the hearings are advertised in the Denton Record-Chronicle, flyers will be provided to neighborhood associations and local churches and the information will go out in the Community Development newsletter. Members discussed the public hearing process. Bob Gorton suggested that the public hearing flyers be sent out to the members of the various City board and commissions. Ms. Ross indicated that staff works to ensure that the low and moderate-income community is notified of the hearings. Mr. Holl asked if staff had concerns that the public hearing comments may be skewed if board members were to attend the hearings. Ms. Ross indicated that this was not a concern. Ms. Ross asked members to comment on the brief survey that public hearing participants are asked to complete. Mr. Jordan commented that participants may not know what the Minor Repair and Home Improvement programs are. Ms. Ross stated that she would explain the programs to those present. Ms. Ross asked the members if they wanted to elect their chair and vice-chair at this time, or would they want to wait until the next meeting. Herbert Holl nominated Gerard Hudspeth as chair and Dorothy Watts as vice-chair. Ray Jordan seconded the motion. The motion was approved unanimously. Members discussed future meeting dates. It was agreed that all four Fridays in February would be tentative meeting dates. Ms. Ross explained that the application information would be provided to the committee members at least a week before the first meeting on February 4tn Members asked Ms. Ross to send the public hearing information out in an email. The meeting was adjourned. Page 53 Community Development Advisory Committee February 11, 2011 Approved Minutes Members Present: Chris Briggs, Bob Gorton, Herbert Holl, Ray Jordan, John Siegmund, Cathy Tedrick, Dorothy Watts Members Absent: Gerard Hudspeth Staff Present: Barbara Ross Dorothy Watts, CDAC Vice-Chair called the meeting to order at 11:35 am. Ms. Watts explained to the committee that Gerard Hudspeth, Chair, was not able to attend the meeting. Ms. Watts asked the members to review the minutes and state if any corrections were needed. Ray Jordan moved approval of the minutes as written. John Siegmund seconded the motion. The minutes were approved as written. Ms. Watts reviewed committee procedures. Ms. Watts asked the committee members to introduce themselves to the presenter from the Denton Affordable Housing Corporation. Sheila Harper, DAHC, introduced herself and began her presentation. Ms. Harper handed out attachment "C" which was not included with the application materials. She indicated that DAHC was requesting funds to rehabilitate some of their rental units and for operating expenses. Ms. Harper noted that when the organization's Affordable Housing Opportunity Program (AHOP) was active, they were able to include a 10% profit for each unit they sold to an eligible household. These funds were used for operating expenses. Since the housing market has slowed, they need some additional support for operating expenses. It is their hope that AHOP will pick up again and they won't need the additional assistance in this area. Ms. Harper also noted that the income from DAHC's rental properties doesn't cover their administrative expenses. This is due to the fact that the units are rented to persons with disabilities and households participating in transitional housing programs. Units housing these groups tend to have high maintenance costs. Ms. Harper reviewed the specific items that generally need to be replaced in these units. Bob Gorton asked if the tenants would pay the water bill for the new sprinkler system. Ms. Harper indicated that they would not be paying that cost. Mr. Holl asked if the rebates for insulation upgrades were just for homeowners or could DAHC take advantage of them. Ms. Harper stated that she would look into that. Chris Briggs asked how long the tenants tended to stay in the units. Ms. Harper stated that many were in transitional housing programs and stayed at least two years. Mr. Gorton discussed the use of operating costs by organizations and how they sometimes become dependent on that type of funding. Ms. Harper commented that she hoped DAHC did not have to continue to request operating funds. Ms. Ross pointed out that when DAHC was first formed, they did request funds for operating, but did not continue to request these funds after they got their programs up and running. There were no additional questions for Ms. Harper. Page 54 Ms. Ross discussed the current funding issues. She explained to the committee members that the City does not yet know that the HOME and CDBG allocations will be for the 2011-2012 funding year. She noted that some members of Congress are recommending that no funding be allocated for CDBG. Mr. Siegmund asked about the sources of the funding. Ms. Ross indicated that the funding is awarded to Denton and is available directly from the Federal government though there are some communities that receive these funds the State. Mr. Briggs asked if there was a cut, would it be an across the board cut, or would some communities/areas get a smaller cut. Ms. Ross explained that there is a CDBG formula that determines the funding amounts for each grantee. Right now staff is estimating a 10% cut and would ask that the CDAC base their recommendations on that amount. Gordon Meredith, residential construction specialist, described the City's Minor Repair Program (MRP). He stated that the program provides up to $5,000 for repairs for single-family, owner-occupied units. Also, $3,500 is the limit for repairs on mobile homes. It is set up to do "emergency" type repairs that would continue to damage the unit if not repaired. He noted that 41 families were assisted with needed repairs last year. Mr. Meredith explained that staff generally divides the funding up into fourths and spends only 25% of it each quarter. This is because the City's program year ends July 31st, and staff wants to ensure that funds are available during the summer to assist with HVAC problems. The MRP serves the entire city. Members had various questions for Mr. Meredith. Mr. Siegmund asked how households find out about the program. Mr. Meredith explained that staff puts out a newsletter, flyers, ads in the newspaper and that code enforcement helps to get out the word. Ms. Ross added that they also send emails to the neighborhood association leaders and ask them to pass it along to their members. Mr. Briggs asked about the total number of requests received. Mr. Meredith said that it is usually around 60 so, most households are eligible and do get assistance. Ray Jordan asked why the request is higher than last year's. Mr. Meredith explained that some of the requested funding would be used for minor repairs on homebuyer assistance units during the next program year. Cathy Tedrick asked who completes the inspections. Mr. Meredith stated that Building Inspections is required to do an inspection if a permit is pulled but he also does an inspection before any payment is made. His inspection confirms that he work was completed. Mr. Briggs asked if the contractors used for the projects are local. Mr. Meredith said most are located in Denton or in Denton County. Ms. Watts asked about the budget balance. Mr. Meredith indicated that all current funding will be expended by August 2011. He indicated he would provide an updated budget balance for the CDAC. Luisa Rodriguez-Garcia presented a request for Homebuyer Assistance Program funding. She stated that staff is requesting $42,150 to assist with personnel and program management costs. Ms. Rodriguez-Garcia stated that she is projecting to have approximately $250,000 for the 2011-2012 year beginning in August 2011. She noted that the funding requested was for staff salaries for those that carried out the program. Several questions involved program funding and requirements. Mr. Jordan asked how much of the funding had been expended. Ms. Rodriguez-Garcia stated that on the 17 households were assisted last year, $180,000 was expended. She added that usually the assistance is $10,000 to $11,000 per household. Ms. Rodriguez-Garcia explained the "gap financing" that is also available and that staff is also attempting to get additional money to help with repairs to the units. Mr. Jordan asked about the funding source for the repair program. Ms. Rodriguez-Garcia Page 55 indicated that it would come through the Minor Repair Program and would require more time and paperwork on these units. Ms. Tedrick stated that she hoped the repairs would not be done until the after the closing to ensure that funding wouldn't be spent on an ineligible unit. Ms. Rodriguez-Garcia indicated that this was correct. Mr. Briggs asked about the tenure rate of the participating homebuyers. Ms. Rodriguez-Garcia discussed the program requirements including the lien that was placed on the properties to ensure that the City's investment was protected. She noted that homebuyers had a five, seven or ten year commitment and that most stayed for the required period, only 2% or less moved out before this. Mr. Gorton asked if the sellers were individuals, investors or banks. Ms. Rodriguez-Garcia stated that 99% are seller occupied when purchased by the HAP client. Members discussed other aspects of the homebuyer program. Mr. Jordan asked about the percentage of Minor Repair Program funding that would be allocated for these repairs. Members discussed whether the owner should be responsible for all repairs. Setting a cap on the amount of MRP funds that could be used for this purpose was also discussed. Ms. Rodriguez-Garcia explained that HUD HOME program requirements for the homebuyer unit are more stringent that those required for an FHA loan. She stated that the owners do complete all repairs that were pointed out in the independent inspector's report. However, often there are things that staff will note that need to be replaced or repaired that were not included in that report. An owner would not normally pay for these and often wouldn't participate in the program if they were required to complete additional repairs. Mr. Jordan asked what would happen if the program was cut by 10%. Ms. Rodriguez-Garcia stated that the number of new homeowners assisted would have to be reduced. Mr. Gorton asked if there was an identifiable trend of realtors or title companies that were involved in the process. Ms. Rodriguez-Garcia stated that she works with about 20 lenders, several title companies and realtors. Staff noted that because HAP purchases are often more work for realtors, some prefer not to work with households participating in the program. Ms. Watts asked about the population that was served by the program. She noted that it appears that certain groups continue to benefit and asked about the application qualifications and the marketing of the program. Ms. Rodriguez-Garcia stated that staff tracks the applications and notes why they are not approved. The main reason is credit issues. She also reviewed the marketing of the program through lenders, realtors, special events, newsletters, etc. In some instances, Ms. Rodriguez-Garcia refers people to Consumer Credit Counseling. Ms. Ross noted that she had talked with a representative of SEDNA and are looking at providing some credit counseling classes later this spring as has been done in the past. Ms. Ross also noted that the census information should provide statistics regarding the race, ethnicity and other characteristics of the low-income families moving into Denton that would eventually qualify for the program. Mr. Briggs asked how many prospective homebuyers were turned away. Ms. Rodriguez-Garcia stated that last year 35 households apply and 17 were assisted. She stated some don't qualify, others can't find a home in their approved price range. Mr. Briggs asked what would happen if funding was not available for repairs. Ms. Rodriguez-Garcia responded that those families looking for homes in the $70,000 and $80,000 price range would have difficulty finding a unit that qualifies. Mr. Holl asked about the cost of the repairs per unit to be paid by the MRP. Ms. Rodriguez-Garcia indicated that it is about $900 per unit. Page 56 Ms. Ross indicated that she had researched the eligibility of completing repairs/renovation on a property that is not owned by the non-profit providing services. She noted that Denton Christian Preschool operates on property owned by a church. Ms. Ross stated that she would provide the committee with the Federal regulation that states if the area where services are provided is separate from the area where non-eligible activities taking place, the improvements can still be completed. She added that she talked with Judith Royal, executive director of Denton Christian Preschool, and Ms. Royal stated that only the children participating in the day care use the playground. The name of the program and the possibility that some groups might not participate due to the religious association, was also discussed. Mr. Jordan stated that the daycare serves a very diverse population and that this includes religious diversity. Ms. Ross said that she would ask Ms. Royal to be prepared to discuss these issues. Members discussed upcoming meetings. Mr. Holl asked if the Engineering project requests were in priority order. Ms. Ross stated that she thought so but, that she would contact Becky Guthrie to confirm. The meeting was adjourned at 1:07 pm. Page 57 Community Development Advisory Committee February 18, 2011 Approved Minutes Members Present: Chris Briggs, Gerard Hudspeth, Herbert Holl, Ray Jordan and John Siegmund Members Absent: Bob Gorton, Cathy Tedrick, Dorothy Watts Staff Present: Barbara Ross Gerard Hudspeth, chairperson, called the meeting to order. Ms. Ross apologized for the fact that the committee had not yet received the corrected version of the minutes from February l lth and stated that she would send them out with the minutes from this meeting. She stated that approval of the minutes will need to be delayed until the March 4th meeting. Mr. Hudspeth asked Lisa Stephens of the Pinnacle Housing Group to begin her presentation. Ms. Stephens stated that Thursday evening, they held a neighborhood meeting to discuss the possible rehabilitation of Singing Oaks. She noted that it was built in 1970 and was currently owned by Price Realty. She added that the structure's need for renovation was more extensive than originally thought. A completely new electrical system is needed. Ms. Stephens stated that an application is being submitted to the Texas Department of Housing and Community Affairs (TDHCA) to request tax credits for some of the rehabilitation costs. She stated that 90% of the residents could stay in place. The developer is not buying the property simply to "flip" it. Committee members had several questions for Ms. Stephens. Mr. Jordan asked her to describe the demographic characteristics of the residents. Ms. Stephens indicated that there is a significant number of Hispanics and seniors living at the complex. She added that most of the households would qualify to remain. Mr. Jordan asked what the developer would do if funding was not received from the City of Denton. She stated that TDHCA application procedures provide additional points to projects where at least $4,000 per unit in local support funds is requested for the project. There is another potential source for funding if the request to the City is not awarded. Mr. Briggs asked if they receive funding from other cities. Ms. Stephens replied that they do receive CDBG, HOME, Neighborhood Stabilization Program funding and other funding from local governments. Mr. Hudspeth asked if Pinnacle's office was in Denton. Ms. Stephens stated that the main office was in Florida but that she is the regional outreach staff member and spends most of her time in the area. Mr. Holl noted that the cost of the rehabilitation would be approximately $60,000 per unit and asked if it wouldn't be cost effective to reconstruct the complex. Ms. Stephens stated that it would be approximately $90,000 per unit to demolish and re-build. Mr. Holl asked about the limited liability corporation. Ms. Stephens explained that this entity was set up to own and manage the development. Mr. Briggs asked if the amenities would support families with school age children. Ms. Stephens reviewed the list of complex amenities that would be available to individuals and families. Mr. Siegmund asked if the exterior was going to change much. Ms. Page 58 Stephens stated that they will replace the wood siding and trim but, most of the exterior would not be changed. Mr. Hudspeth asked Ms. Stephens what amount of funding would ensure that the project could go forward and Ms. Ross asked if the "request" for funding was sufficient to meet the TDHCA application requirements. It was noted that the organization was a "for profit" developer. Members discussed the tax credit process. Mr. Jordan asked how many years the property was required to meet the tax credit program requirements and when the developer would begin making a profit. Ms. Stephens stated that the "request" for funding was needed to get additional points on their TDHCA application. She noted that they would be under the tax credit requirements for ten years but, would most likely begin making a profit a year after project completion. Becky Guthrie from the City of Denton Engineering Department gave a presentation on several projects for which they are requesting funds. The Powerpoint presentation indicated the number of households that would benefit from each project. The requests included three sewer line replacement projects, one water line project, one combination water and sewer line replacements and two sidewalk projects. Ms. Guthrie explained that the sewer and water line projects were areas where there had been some problems. Mr. Jordan asked how much it cost to complete line break repairs. Mr. Siegmund pointed out that with steel or cast iron pipes, if the system begins coming apart, the frequency of breaks would increase causing problems for the residents. Mr. Briggs asked if information could be provided to the committee regarding the average cost to repair a line break. Mr. Siegmund asked if City staff checks to see if the water and/or sewer lines also need replacement before a street is repaved. Ms. Guthrie indicated that this was the case and she described the process to ensure that street improvements are not completed and then torn up to replace water and sewer lines. Ms. Guthrie stated that the sidewalk projects had been citizen requests. Egan sidewalks would benefit approximately 16 households and assist students in getting to Calhoun Middle School and Denton High School. Crescent Street would also assist the students walking to DHS and benefit 26 households. Ms. Guthrie discussed pending and completed projects. She noted that one of the issues on the Eagle Sidewalks project was the easement acquisition. Mr. Siegmund stated that he thought the City had the easement right-of-way on all streets. Ms. Guthrie stated that in some instances, additional right-of-way is needed for sidewalks. Members discussed the Crescent Street sidewalk project and whether many residents would use the sidewalks. It was noted that the sidewalks could allow residents to walk protected all the way to Carroll Blvd. Mr. Jordan stated that there are more seniors out walking that could use the sidewalks. Mr. Hudspeth asked if local contractors were used to do the work on these projects. Ms. Guthrie and Ms. Ross indicated that in many instances they are local but, the jobs are awarded based on the lowest, reasonable bid. There is no targeting to local contractors. Page 59 Judith Royal and Alicia Blanca presented Denton Christian Preschool's (DCP) request for funding. Ms. Royal indicated that the State licensing requirements state that day care facilities must have a certain type of material below their playground equipment. DCP plans to encompass the entire playground with a wooden border and fill it with pea gravel. Ms. Royal added that the day care does not have the funding to complete this project. DCP requested funding from another source but, it was not approved. Ms. Royal added that even though the name of the school is Denton Christian Preschool, that they do not teach the Christian faith. By regulation, they are not allowed to do so. She added that one of the staff members is Buddhist. Mr. Hudspeth asked that if DCP is awarded the amount that they requested, will this be sufficient for them to meet all requirements. Ms. Royal and Ms. Blanca indicated that it would. Ms. Royal said that in some instances children from the nearby neighborhood and some from the church may play on the equipment. Ms. Ross asked if the Church was contributing anything to the project. Ms. Royal stated that they did not have the funding to assist. Mr. Siegmund stated that from their balance sheet, it appeared that DCP could fund the project. Ms. Royal stated that they have had to do fund raisers to pay salaries. She noted that the funding in the endowment account could not be touched. Mr. Briggs stated that without the resurfacing, the playground could not be used. Ms. Blanca talked briefly about the children from the Owsley area that have no play areas. Ms. Ross pointed out that there is a CDBG-funded "Owsley Park" in the area. Ms. Blanca indicated that unless the parent can go with the child, they would normally not go to the park alone. Ms. Ross explained that the committee had some CDBG-R stimulus funding left from the Redwood Sewer project that needs to be reallocated. She stated that the Parks and Recreation Department had some projects that they would bring to the committee for possible funding. The meeting was adjourned. Page 60 Community Development Advisory Committee March 4, 2011 Approved Minutes Members Present: Chris Briggs, Bob Gorton, Herbert Holl, Gerard Hudspeth - Chair, Ray Jordan, John Siegmund, Cathy Tedrick, Dorothy Watts - Vice Chair. Member Absent: None Staff Present: Barbara Ross Dorothy Watts, Vice Chair, called the meeting to order. She asked members if there were any additional changes to the minutes of February 11th. Bob Gorton moved that the minutes be approved with the corrections, Herbert Holl seconded the motion. The February 11th minutes were approved unanimously. Ms. Watts then asked members if there were any changes to the minutes from February 18th. Ms. Ross pointed out some minor corrections that were brought to her attention and had been revised. Ms. Watts asked for a motion. Cathy Tedrick moved that the minutes be approved as corrected. John Siegmund seconded the motion. The February 18th minutes were approved unanimously. Barbara Ross apologized to the committee and stated that she had not given Jim Mays, Parks Superintendent, sufficient information regarding his presentation to the committee. He was prepared to present information regarding the additional electrical repairs to be completed at Fred Moore Park rather than the proposal to expend residual CDBG-R stimulus funding. Ms. Ross indicated that they would bring the proposal back to the committee within the next two weeks. Nancy Baker presented the funding request for the City's Home Improvement Program. She passed out copies of the revised guidelines. Ms. Baker stated that the program currently includes rehabilitation and reconstruction of owner-occupied housing units. Some projects include accessibility improvements. Information is provided to the homeowner(s) regarding maintenance of their home and the new appliances. Ms. Baker pointed out that the program actually improves neighborhoods, not just individual units. In some instances, homeowners living near a reconstructed unit will make repairs to their unit as well. Assisted units are brought up to Energy Star standards. Ms. Baker stated the amount that is being requested for the program. Ms. Baker reviewed the program's history including the racial/ethnic information of the households that had participated; one Asian, 179 African American, 150 White with 46 of those being of Hispanic ethnicity. A total of $8,800,000 in Home Improvement Program funds had been spent the program began back in 1985. She also reviewed the project information by census tracts. Ray Jordan asked about the program's surplus of $436,000 last July and "0" in July the following year. He asked how the budget balances could be so different. Ms. Baker explained that it is the manner in which the funds are "committed" based on HUD guidelines. The funds are sitting there but they will be committed by the end of the grant year. Mr. Jordan asked what is driving the increased spending. Ms. Baker indicated that they have 18 Page 61 households on the waiting list. Ms. Ross also explained how HUD's "timeliness test" works. She added that staff also re-engineered the program to include a certain number of rehabilitations rather than only doing reconstructions. Mr. Jordan asked about the bidding process. Ms. Baker explained that contractors can let staff know that they'd like to bid and as long as they meet certain requirements like insurance, references, etc. that they can bid on the projects. Ms. Ross pointed out that the funding is a loan to the homeowner so, if they would like, they can also find their own contractor as long as the contractor meets the program requirements and the bid is within the cost estimate completed by staff. Ms. Baker reviewed the proposed loan/deferred forgivable loan stricture. It was noted that all participants pay something back depending on their income. Bob Gorton asked about the new census figures and how they might affect the program. Ms. Ross indicated that the new numbers should be out in April but, it probably won't affect the allocations for the 2011-12 year. She stated that much would depend on what Congress does regarding the funding for the 2011-12 grant year. Mr. Hudspeth asked about ranking the funding requests. Members agreed not to use a ranking form but, just to discuss which projects should be funded. Mr. Hudspeth suggested that they start with the "must" fund activities. It was noted that the Denton Affordable Housing Corporation (DAHC) is the only certified Community Housing Development Organization (CHDO) in Denton. They must receive a minimum of 15% of the City's HOME project funding or it goes back to HUD. Ms. Ross indicated that this would be $78,034 of the HOME funding that must be allocated to DAHC. Members agreed to this allocation. Members discussed Denton Christian Preschool. Mr. Briggs stated that there had been some previous discussion regarding using some of the stimulus funds to complete the preschool project so that it could be done more quickly. Ms. Ross stated that this could be done but, that there are some additional requirements. It was noted that this would probably not be a hardship for the daycare. Mr. Jordan indicated that there had been an auto accident and that the insurance may pay for some of the repairs. He stated that the project may go away. Ms. Ross stated that when they allocate the remaining stimulus funds she would propose that any residual funds go to housing projects so that they can be spent quickly without any additional formal amendments. Mr. Holl suggested that DAHC's amount not be limited to the 15% and asked that the committee discuss this further. Members discussed the Singing Oaks rental complex project. It was agreed that the Pinnacle Housing Group appeared to have other sources from which they could obtain funds to complete the project if they receive tax credits from the State. Mr. Hudspeth stated that the City's funding appeared to be easier funding to get but, it's not necessary. Mr. Briggs stated that Ms. Stephens asked what would happen if they didn't receive funding and she indicated that nothing would happen. Therefore, it seems apparent that they do not need the funding. Ms. Ross indicated that the Mayor had signed a letter of support for the project. Members agreed not to allocate any funding to the project. Mr. Jordan asked about the funding to be moved from the Minor Repair Program to the Homebuyer Assistance Program (HAP) for repairs on homebuyer units. Ms. Ross asked Luisa Rodriguez-Garcia to explain the need for funding for these minor repairs. It was Page 62 explained that the funds would be spend for repairs that are not required based on the independent inspectors report but are still required by HUD regulations. Ms. Tedrick asked for a clarification regarding the repairs that are paid for through the program. She asked if the owner makes money off the house at closing are they required to pay the funding back. Ms. Rodriguez-Garcia says that many homeowners sell their homes "as is" and if they have to make additional repairs, they will not participate in the program. Ms. Rodriguez-Garcia also noted that homeowners these days are not making much money upon the sale of their property. It was noted that $50,000 of the Minor Repair Program (MRP) request was for this purpose and could be moved to the Homebuyer Assistance Program. Mr. Jordan suggested that $42,150 for the HAP come from HOME and the $50,000 for minor repairs come from CDBG. It was also noted that all the Home Improvement Program funding could come from HOME funds. Mr. Hudspeth suggested that the $50,000 be moved from Minor Repair to the Homebuyer program. This would leave $125,000 for the Minor Repair Program. Ms. Ross indicated that MRP has to come from CDBG. Mr. Jordan asked if an addendum to the book could be prepared so that the members could provide that information to anyone who asked about the changes. Mr. Hudspeth asked about the Home Improvement Program request $405,985. It was noted all of the funding could come from HOME. Mr. Briggs pointed out that there were really no other programs/projects that could be paid from HOME funds. Members agreed to give DAHC their total request of $85,000. Mr. Hudspeth asked how much HOME funding was still available. Ms. Watts noted that this is the total amount available. Mr. Gorton suggested the remainder of the HIP request come from CDBG funds. Members agreed to provide the remaining $381,553 in HOME funds and $24,432 to the Home Improvement Program. With $437,981 remaining members reviewed the Engineering Department requests. Mr. Hudspeth pointed out that the projects were in priority order. Mr. Briggs indicated that you couldn't provide less than the amount requested or the project could not be completed. Mr. Holl stated that they could include the top two priorities. He noted that if the top two are funded there is about $15,000 left. Members agreed to recommend funding for the first two projects -Clifton Street Sewer and Morse Street Sewer. Ms. Ross stated that project costs included staff costs and she did not believe the amount could be substantially cut. Mr. Holl said he would not advocate cutting other programs to fund the next sewer project. Mr. Briggs suggested giving the remaining $15,000 to one of the housing programs. Mr. Gorton suggested the funding be allocated to the Minor Repair Program. The total for the MRP would now be $140,481. Members discussed recommending that the remaining funding be used for the MRP program. Mr. Jordan stated that there were other Engineering projects that affected a higher number of residents. Ms. Watts stated a concern about the amount of street repairs that the SE Denton neighborhood residents could handle. Mr. Gorton agreed that it was currently difficult to get around in the area near Fred Moore High School. Mr. Holl asked if some of the projects were in their final phase. Mr. Briggs stated that if this is a priority that it will eventually have to be done. If Engineering has prioritized them, then the Committee should support this. Mr. Gorton agreed with supporting the Engineering Department's priorities. Mr. Holl asked that the City constantly has commitments to do these activities but, CDBG allows these projects to jump forward. Ms. Ross pointed out that if the projects were due to be completed with local funds in the next two to three years, they could not be funded through CDBG because this would be Page 63 supplanting local funds with Federal funds and this is not allowed. Members agreed to recommend funding to the Clifton Street Sewer and the Morse Street Sewer projects. Ms. Tedrick asked if the insurance company totally funded the repairs to Denton Christian Preschool, what would happen to the funding if it isn't needed. Mr. Jordan indicated that the daycare should know before the Committee's final decision whether the repairs will include all the improvements for which funding was requested. Mr. Hudspeth made a motion that the Committee approve the allocations as noted on the spreadsheet. The motion was seconded by John Siegmund. The motion was approved unanimously. Ms. Ross indicated that the House of Representatives had approved a 62.5% cut to CDBG. She noted that the Senate is expected not to cut CDBG at this same level. Members agreed that they would like to meet for a brief meeting around noon to review the proposals for expenditure of the stimulus funding. The meeting was adjourned. Page 64 Community Development Advisory Committee March 25, 2011 Approved Minutes Members Present: Chris Briggs, Bob Gorton, John Siegmund, Cathy Tedrick, and Dorothy Watts - Vice Chair Member Absent: Herbert Holl, Gerard Hudspeth and Ray Jordan Staff Present: Barbara Ross Dorothy Watts, Vice Chair, called the meeting to order. She asked members if there were any additional changes to the minutes of March 4th meeting. John Siegmund pointed out one minor correction on page 3. Bob Gorton made a motion to approve the minutes as corrected. Cathy Tedrick seconded the motion. The motion was approved unanimously. Barbara Ross explained the reallocation of the CDBG-R funds. She stated that there was approximately $60,000 left after completion of the Redwood Sewer project and that staff recommends that the remaining funds be allocated as follows: • Fred Moore Electrical Work - $14,164.87 (An additional $10,832.87 was added to the original allocation of $3,332 for additional electrical upgrades in the park.) • Denton Christian Preschool Playground - $13,895.00 • Minor Repair Program - $5,000.13 • MLK & Denia Playground Shade Strictures - $41,013.00 • Administration- $7,331.83 Ms. Ross noted that staff also recommends the transfer of $8,235.13 in CDBG-R administration funding to project funding. She commented that the Fred Moore Electrical work was included in the original list of projects but additional funds have been allocated to the project. Also, a small amount of funding for the Minor Repair Program is being recommended so that any funds remaining after all projects are complete, can be moved and used in that program without requiring additional amendments. This would ensure that all CDBG-R funds are spent by the deadline and no stimulus funding is taken back by HUD. Mr. Siegmund asked what other members thought about the playground covers. There was some discussion regarding material covers vs. steel. It was noted that Parks Superintendent, Jim Mays, prior to the start of the meeting, indicated that the covers usually last 10 to 12 years. Ms. Watts asked where the cover would be placed at MLK. Ms. Ross responded that it would be at the back of the building over the playground area. Chris Briggs moved that the committee recommend that City Council approve the CDBG-R amendment. John Siegmund seconded the motion. The motion was approved. Ms. Watts asked Ms. Ross to explain the staff request regarding the Denton Affordable Housing Corporation (DAHC) 2011-12 allocation recommendation. Ms. Ross stated that the request and subsequent allocation of funding to the DAHC was not sufficient to meet the HOME Program regulations. DAHC, as the City's only certified Community Housing Page 65 Development Organization (CHDO), must spend at least 15% of the City's HOME allocation on projects. The $85,000 allocated to DAHC would leave only about $7,000 for operating costs. DAHC had requested $25,000 to assist with operating costs. Ms. Ross stated that the CDAC could take the $15,000 previously added to the Minor Repair Program budget and allocate it to provide DAHC with a total of $100,000. Approximately $78,000 would be dedicated to housing programs and projects, the remaining funding could be used for operating costs. Bob Gorton moved that the committee revise their recommendations to include the $15,000 in the DAHC allocation. Cathy Tedrick seconded the motion. The motion was approved unanimously. Ms. Ross stated that DAHC has also requested that they be allowed to use $23,000 in 2006 funding for operating costs. Ms. Tedrick asked about DAHC's 2006 allocation and the need for additional operating funds. Ms. Ross stated that DAHC had received an allocation of $140,000 in 2006 for their Affordable Housing Opportunity Program. The funds were to be used to assist with the purchase, renovation and subsequent sale of single-family units to income-eligible households. Ms. Ross noted that all of the funds except the remaining $23,000 were expended on projects. She added that DAHC had previously used some of their income from the sale of properties to support their operations however, housing sales have slowed and this is the main reason that DAHC is requesting to use the 2006 residual funds for operating costs. Ms. Ross indicated that she had contacted the City's representative at the US Dept. of Housing & Urban Development to see if previous year funding could be reallocated for this purpose and it was approved. Mr. Briggs made a motion that the committee recommend an amendment to allow DAHC to use the $23,000 in 2006 funding for operating costs. Mr. Siegmund seconded the motion. The motion was approved unanimously. Ms. Watts asked if there was any further business. Ms. Ross told the committee members that the initial presentation to City Council by the committees would be on May 3rd at the work session. A public hearing on the proposed Action Plan will also be held that evening during the regular session. Staff will go to Council for final approval of the Action Plan on May 17tH The meeting was adjourned. Page 66 Community Development Advisory Committee May 4, 2011 Draft Minutes Members Present: Bob Gorton, Gerard Hudspeth, Ray Jordan, John Siegmund, Cathy Tedrick, Dorothy Watts Members Absent: Chris Briggs, Herbert Holl Staff Present: Barbara Ross Gerard Hudspeth, Chair, called the meeting to order. He asked if there were any revisions to the minutes of March 25th. Ray Jordan noted that the minutes indicated that $60,000 was left over after the Redwood Sewer project but the project amounts listed in the minutes were much more than the $60,000. Barbara Ross explained that the list of projects with funding amounts included the $60,000 plus some administration funding that staff recommended be moved to projects. She added that the Fred Moore Park electrical upgrade project had previously been funded and would now receive more funding, so this was also included in the allocation amounts. Mr. Hudspeth suggested making some type of notation in the minutes to explain the additional funding. Ms. Ross stated that she would add an explanation next to the Fred Moore Electrical Improvements project line. Bob Gorton made a motion to accept the minutes as corrected. Mr. Jordan seconded the motion. The minutes were approved as corrected. Mr. Hudspeth asked Ms. Ross to explain the staff's recommendations for 2011 funding reductions. Ms. Ross stated that the US Department of Housing and Urban Development (HUD) had sent out allocation estimates based on the 2011 Congressional budget that was recently passed. She noted that the estimated funding levels were less than the amount previously estimated by staff and allocated by the committee to various projects. Ms. Ross explained that the difference in the CDBG funding was approximately 5.6%. Staff recommends reducing each of the CDBG-funded activities by 5.6%. Ms. Ross added that she talked with Becky Guthrie in the Engineering Department who then spoke with staff in Water/Wastewater. Ms. Guthrie indicated that Water/Wastewater was willing to cover any costs for the two sewer projects previously recommended for funding by the Community Development Advisory Committee (CDAC) if the CDBG funding allocated to the projects was not sufficient to complete the projects. Ms. Ross stated staff was also recommending that the approximately $9,900 reduction to the HOME program budget, be cut from the Home Improvement Program budget. She noted that any funding left over from past infrastructure projects could be transferred to the Home Improvement Program budget. This would ensure that sufficient funds are available to assist low-income homeowners with needed repairs. John Siegmund stated that he supported the staff recommendations regarding how to handle the reduced budget amounts. Ms. Watts asked for confirmation that the Morse Street Sewer project could still be completed. Ms. Ross responded that it would be included in the budget with the slight reduction in funding and that Water/Wastewater would cover any deficit. Page 67 Ms. Ross stated that the final dollar amount of the City's CDBG and HOME allocation could be slightly higher or lower than HUD's estimates. She stated that if the committee agrees, staff would probably make any needed reductions or increases to the budgets of the housing programs. Mr. Gorton made a motion to accept staff s recommendations and to present them to City Council for approval. Cathy Tedrick and John Siegmund both seconded the motion. The motion was approved unanimously. Ms. Ross informed the committee that there were no comments made at last night's public hearing on the proposed 2011 Action Plan. Cathy Tedrick stated that it was her last meeting as her term had expired after serving six years on the committee. Committee members thanked her for her service on the CDAC. The meeting was adjourned. Page 68 APPENDIX #1 - #3 SF424 Applications Page 69 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 75-6000514 Pro ram Year Start Date MM/DD 08/01/11 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 Numbers; 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 822,958 (estimated) dditional HUD Grant(s) Leveraged Describe Additional Federal Funds Leveraged Additional State Funds Leveraged Locally Leveraged Funds Grantee Funds Leveraged Anticipated Program Income 10,000 Other (Describe) Total Funds Leveraged for CDBG-based Project(s) Page 70 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 $510,281 estimated $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged Additional State Funds Leveraged $Locally Leveraged Funds Grantee Funds Leveraged $Anticipated Program Income $45,000 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 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 ESG-based Project(s) Congressional Districts of: Is application subject to review by state Executive Order Applicant Districts 26 Project 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 b 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 bross(o-),cityofdenton.com Grantee Website - www.citvofdenton.com Other Contact Signature of Authorized Representative - George C. Campbell, City Manager Date Signed Page 71 APPENDIX #4 Certifications Page 72 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 Nvill comply Nvith 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(4) of the Housing and Community Development Act of 1974, as amended, in connection Nvith any activity assisted Nvith funding under the CDBG or HOME programs. Drug Free Workplace It Nvill or Nvill continue to provide a drug-free Norkplace by: 1. Publishing a statement notifi-ing employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's Norkplace and specifi-ing the actions that Nvill be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free aNvareness program to inform employees about - a. The dangers of drug abuse in the Norkplace b. The grantee's policy of maintaining a drug-free Norkplace 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 Norkplace 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. Notifi-ing 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. Notifi- the employer in Nvriting 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. Notifi-ing the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otheixvise 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 Nvas 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, laxv enforcement, or other appropriate agency, 7. Making a good faith effort to continue to maintain a drug-free Norkplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Page 73 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 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 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 certifi- 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 kvith 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 George C. Campbell Naive City Manager Title 215 E. McKinney Street Address Denton Texas 76201 City/State/Zip (940) 349-8307 Telephone Number I Date Page 74 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation It is in full compliance and follo-,ving 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 Nvelfare 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) 2011, (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 Nvill 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 ovmed 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 'kvith respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties oN-,ned 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 75 Excessive Force It has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies Nvithin 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 Nvithin 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 20004), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint Its activities concerning lead-based paint will comply Nvith 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 City Manager Title 215 E. McKinney Street Address Denton Texas 76201 City/State/Zip (940) 349-8307 Telephone Number I Date Page 76 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, sanitaiy, and affordable housing. Eligible Activities and Costs it is using and Nvill 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 Nvill 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 Nvith other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official George C. Campbell Naive City Manager Title 215 E. McKinney Street Address Denton Texas 76201 City/State/Zip (940) 349-8307 Telephone Number I Date Page 77 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 malting or entering into this transaction imposed 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. Drub 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 knoNvingly rendered a false certification, or otheitivise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may tape 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 identify the Norkplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the Nvorkplace(s) on file in its office and make the information available for Federal inspection. Failure to identifi- all known Norkplaces constitutes aviolation of the grantee's drug-free Norkplace requirements. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where Nvork under the grant tapes 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 Norkplace 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 Norkplaces in question (see paragraph three). The grantee may insert in the space provided below the site(s) for the performance of Nvork done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are Norkplaces on file that are not identified here. The certification with regard to the drug-free Norkplace is required by 24 CFR part 21. Place Name Street City Count State Zip Community 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 Page 78 particular, to the folloNving 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) 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 responsibility 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 Nvork 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 Nvork under the grant and who are on the grantee's payroll. This definition does not include Nvorkers 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 Nvorkplaces). 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 City Manager Title 215 E. McKinney Street Address Denton, Texas 76201 City/State/Zip (349) 349-8307 Telephone Number Page 79 APPENDIX #5 Annual Housing Goals Page 80 Annual Housing Completion Goals (Table 3B) Grantee Name: Expected Annual Actual Annual Resources used during the period Program Year: Number of Units To Be Completed Number of Units Completed CDBG HOME ESG HOPWA BENEFICIARY GOALS (See. 215 Only) Homeless households ❑ ❑ ❑ ❑ Non-homeless households 68 ® ® ❑ ❑ Special needs households 8 ❑ ® ❑ ❑ Total Sec. 215 Beneficiaries* 76 ® ® ❑ ❑ RENTAL GOALS (See. 215 Only) Acquisition of existing units ❑ ❑ ❑ Production of new units ❑ ❑ ❑ Rehabilitation of existing units 8 ❑ ® ❑ ❑ Rental Assistance ❑ ❑ ❑ Total Sec. 215 Affordable Rental 8 ❑ ® ❑ ❑ HOME OWNER GOALS (See. 215 Only) Acquisition of existing units ❑ ❑ Production of new units ❑ ❑ Rehabilitation of existing units 43 Homebuyer Assistance 25 ® ® ❑ Total Sec. 215 Affordable O'svner 68 ® ® ❑ ❑ COMBINED RENTAL AND OWNER GOALS (See. 215 Only) Acquisition of existing units ❑ ❑ ❑ Production of new units ❑ ❑ ❑ Rehabilitation of existing units 51 ® ® ❑ ❑ Rental Assistance ❑ ❑ ❑ Homebuyer Assistance 25 ® ® ❑ Combined Total Sec. 215 Goals* 76 ® ® ❑ ❑ OVERALL HOUSING GOALS (Sec. 215 + Other Affordable Housing) Annual Rental Housing Goal 8 ® ® ❑ ❑ Annual Owner Housing Goal 68 ® ® ❑ ❑ Total Overall Housing Goal 76 ® ® ❑ ❑ Page 81 s:llegallour documentslresolutions111\2011 action 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 2011 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. 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 2011-year entitlement funds, program income and reallocated funding from previous years in the approximate amount of $1,512,000; 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 2011 Action Plan and appropriate certifications for entitlement funds 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 Action Plan and the certifications. SECTION 3. The City Secretary is hereby authorized to furnish copies of this resolution to all interested parties. s:llegallour documentslresolutionsll 112011 action plan resolution.doc SECTION 4. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2011 MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: r AGENDA INFORMATION SHEET AGENDA DATE: June 7, 2011 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Elton Brock 349-7133 A~T ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the National Intergovernmental Purchasing Alliance Company (National IPA) under Section 271.102 of the Local Government Code, to authorize participation in various National IPA contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4730-Interlocal Agreement with the National Intergovernmental Purchasing Alliance Company). FILE INFORMATION Section 271.102 of the Local Government Code, authorizes respective participating governments to enter into joint contracts and agreements for the purchase of necessary materials, supplies, and services. Over the past several years, the City of Denton and other entities have entered into cooperative purchasing agreements that have been highly beneficial to the taxpayers through anticipated savings. The agreement attached to the ordinance is an authorization to participate in contracts awarded by the National Intergovernmental Purchasing Alliance Company (National IPA) and will remain in effect until terminated by either party. This Interlocal Agreement will allow the City of Denton to utilize contracts for supplies and services competitively bid by governmental entities nationwide that provide master agreements through the National IPA program. Vendors participating in the program include Office Depot, Panasonic, Toro, Grainger, CDW-G, Canon, Sprint, Staples Advantage, and Toter (Exhibit 1). The City of Denton can use this Agreement to purchase items such as refuse containers, parks equipment, wireless and data services, software and janitorial supplies. The bid process followed by National IPA meets all State bidding requirements. RECOMMENDATION Approve an Interlocal Agreement between the City of Denton and the National Intergovernmental Purchasing Alliance Company. PRINCIPAL PLACE OF BUSINESS National Intergovernmental Purchasing Alliance Company Brentwood, TN Agenda Information Sheet June 7, 2011 Page 2 ESTIMATED SCHEDULE OF PROJECT This Agreement will become effective upon approval by the National Intergovernmental Purchasing Alliance Company. The Interlocal Agreement will remain in effect until terminated by either party. FISCAL INFORMATION Each acquisition, based on this Agreement, will follow the City of Denton fiscal verification policy and be charged to the appropriate budget account. EXHIBITS National IPA Cooperative Contract Portfolio Respectfully submitted: C/k Antonio Puente, Jr., 349-7283 Assistant Director of Finance I AIS-File 4730 Exhibit 1 / REDUCING PROCUREMENT COSTS TNROUGI-1 1 COLLABORATION 1 NATI U` NALF COOPERATIVE CONTRACT PORTFOLIO National IPA is a cooperative purchasing oganization for public agencies, educational institutions and non-profits. All master agreements are publicly solicited, awarded, and held by a Principal Procurement Agency. Each agreement includes the required language allowing intergovernmental ("piggybacking") contract usage. This in an optional use program with no fee to participate. Available Master Agreements: GMAINGER.) MAINTENANCE, REPAIR, & OPERATIONAL SUPPLIES OFFICE AND EDUCATIONAL CONSUMABLES 1 Deep discounted core lists ~r Most comprehensive product, supplemented tivith specific pricing and service offerings manufacturer discounts, to the public sector: BY, CITY OF TUCSON, AZ BY. STATE OF FLORIDA WIRELESS AND DATA SERVICES WATER TREATMENT i Discounts on service plans, CHEMICALS ® equipment & accessories Awarded to multiple suppliers available for both agency-liable ' for 18 different water and employee-liable accounts. treatment chemicals. See our BY: MARICOPA COUNTY, AZ website for more information. BY. CITY OF LAS VEGAS, NV PARKS & GOLF GROUNDS INFORMATION MAINTENANCE EQUIPMENT TECHNOLOGY SOLUTIONS Count on It. Discount on equipment, -Includes So.fhvare, Hardivare, attachments & accessories, Software Licensing/ Landscape Contractor; & Maintenance, Peripherals, and Compact Utility products. Service. BY: CITY OF TUCSON, AZ BY. CITY OF TUCSON, AZ MULTIFUNCTION DIGITAL GOLF, TURF, & COPIERS, SUPPLIES & HOSPITALITY CARS CANON BUSINESS SOLUTIONS RELATED SUPPORT SERVICES Golf Cars, Hospitality Full catalogue offering of Vehicles, Turf Utility; Carryall Caron devices, service and Utilil); Transportation related sofhvare solutions. Vehicles, Loiv Speed Vehicles BY: COUNTY OF DUPAGE, IL BY: CITY OF TUCSON, AZ I INCORPORATED A WASTEOUIP COMPANY REFUSE CONTAINERS Industry leading supplier of wheeled, rollout carts (20, 32, 48, 64 & 96 gallons) for curbside automated refuse and recycling collection. BY.. CITY OF TUCSON, AZ PANASONIC TOUGHBOOKS, TABLETS & SERVICE Provides end-to-end total solution contract for Toughbooks, tablets, accessories and service. BY: CITY OF TUCSON, AZ Continued on back MOTOR FUELS (BULK) o Unleaded (all octane levels) o Ethanol Blends o Diesel (all grades) o Bio-diesel Blends BY: CITY OF FORT WORTH, TX la I Empowering Healthcare MEDICAL-SURGICAL SUPPLIES & EQUIPMENT Awa•d includes extensive selection and ivide range ofproducts: Med Sing, Incontinence, Nutrition. BY: COUNTY OF SAN DIEGO, CA JANITORIAL AND SANITATION SUPPLIES Deep discounts for all product categories and tivith indushy- leading name-brand suppliers BY: CITY OF TUCSON, AZ OFFICE PRODUCTS Advantage Lage core list of over 1,200 office supple, school supplies, paper and toner items. BY: COUNTY OF SAN DIEGO, CA NATO NL FurttttiAYe wil{~ PeYSOn&kM-/' FURNITURE AND RELATED EQUIPMENT Aiva•d includes freestanding office furniture, seating, filing, tables, related equipment and support services. BY.. COUNTY OF DUPAGE, IL i II'Office Distributed through authorized Kimball Office dealers business interiors- BY STAPLES Allstecl Alumigreph" Inleeiw SkOn &Y tam °.rww FURNITURE AND RELATED EQUIPMENT Competitive coati actpricing, consistentgtualio 104T, shipping, einviinnnientallyf-ieindly ma i facharing, ADA compliant. ~il "i.'°® 4 "i turf & Irarticultui GROUNDSKEEPING MATERIALS Discounts on fertilizers, soil amendments, herbicides, pesticides and seed BY. CITY OF TUCSON, AZ EDUCATIONAL FURNITURE Ati ai-d includes auditorium and fixed seating. Planning and layout sei-vices provided at no cost. Can provide removal of existing and installation of neiv seating. BY. NORFOLK PUBLIC SCHOOLS, VA MANNIN TON C O M M E R C I A L FURNITURE AND RELATED EQUIPMENT AtivaZl includes systems, freestanding, seating, filing, tables, related equipment and support services. BY: COUNTY OF DUPAGE, IL CARPETING, FLOORING, & RELATED PRODUCTS & SERVICES Only U.S. manufacturer to produce carpet, resilient, ivood and Woi•e II advanced composite flooring for the contract mai,ket. BY: COUNTY OF MCHENRY, IL i SAGUS ARTCO-BELL ®LSI •MIDWEST EDUCATIONAL FURNITURE Includes all 3 divisions of Sagns: Aitco-Bell, MidivestFolding, LSI. Covers Freestanding Classroom & Educational Furniturre, Cafeteria Furniha-e, Seating BY: NORFOLK PUBLIC SCHOOLS, VA FURN1%!NG0) EDUCATIONAL FURNITURE Conti-ax offers the only one of its kind A+ Online Project Management System - 2417 online client inter face ftee.for all levels of service selected by the end user BY: NORFOLK PUBLIC SCHOOLS, VA For detailed information regarding these agreements, visit the National IPA website at: www.nationalipa.org ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY (NATIONAL IPA) UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, TO AUTHORIZE PARTICIPATION IN VARIOUS NATIONAL IPA CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 4730-INTERLOCAL AGREEMENT WITH THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute the Interlocal Cooperative Purchasing Program Agreement with the National Intergovernmental Purchasing Alliance Company under Section 271.102 of the Local Government Code, a copy of which is attached hereto and incorporated by reference herein (the "Agreement'). SECTION 2. The City Manager, or his designee, is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD-Interlocal agreement With National IPA NATIONALIPA MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Agreement is made between certain government agencies that execute a Principal Procurement Agency Certificate ("Principal Procurement Agencies") to be appended and made a part hereof and other public agencies ("Participating Public Agencies") that register electronically with National Intergovernmental Purchasing Alliance Company ("National IPA") or otherwise execute a Participating Public Agency Certificate to be appended and made a part hereof. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, a number of Suppliers have entered into Master Agreements to provide a variety of goods, products and services based on national volumes (herein "Products"); WHEREAS, Master Agreements are made available by Principal Procurement Agencies through National IPA and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase; NOW, THEREFORE, in consideration of the mutual promises contained in this agreement, and of the mutual benefits to result, the parties agree as follows: That each party will facilitate the cooperative procurement of Products. 2. That the procurement of Products subject to this agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules and regulations that govern each party's procurement practices. That the cooperative use of solicitations obtained by a party to this agreement shall be in accordance with the terms and conditions of the solicitation, except as modification of those terms and conditions is otherwise allowed or required by applicable law. 4. That the Principal Procurement Agencies will make available, upon reasonable request and subject to convenience, information which may assist in improving the procurement of products by the Participating Public Agencies. That a procuring party will make timely payments to the Supplier for Products received in accordance with the terms and conditions of the procurement. Payment for Products and inspections and acceptance of Products ordered by the procuring party shall be the exclusive obligation of such procuring party. Disputes between procuring party and Supplier are to be resolved in accord with the law and venue rules of the State of purchase. 6. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar products or services. 7. The procuring party shall be responsible for the ordering of Products under this agreement. A non-procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non-procuring party harmless from any liability that may arise from action or inaction of the procuring party. 8. This agreement shall remain in effect until termination by a party giving 30 days written notice to the other party. The provisions of paragraphs 5, 6 and 7 hereof shall survive any such termination. 9. This agreement shall take effect after execution of the Principal Procurement Agency Certificate or Participating Public Agency Registration, as applicable. Authorized Signature, Participating Public Agency NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY Signature - Signa ure . /._.w... -°c~ _ 1 . " Name Name r te' ` ' L r • ~ aS,. Title Title ~2 [a 1 Date Date AGENDA INFORMATION SHEET AGENDA DATE: June 7, 2011 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis at 349-8424 All ACM: Jon Fortune YT- SUBJECT 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 Area Council of Governments and Buy Board Cooperative Purchasing Network for the acquisition of five vehicles and/or equipment items for various City of Denton Departments by way of Interlocal Agreements with the City of Denton; and providing an effective date (File 4725- Purchase of Vehicles and Equipment for City of Denton awarded to multiple vendors in the amount of $272,019). The Public Utilities Board recommends approval (5-0). FILE INFORMATION The items listed below reflect replacements of vehicles and/or heavy equipment for the Solid Waste, Wastewater (Collections), Water (Distribution/Production) and Parks Departments. These purchases were outlined in the Fiscal Year 2010-11 Vehicle Replacement Plan with the age of the vehicles/equipment varying from 9 to 23 years. Item Description Price Ea Department Contract# 1 Hybrid Sports Utility Vehicle $ 49,560 Solid Waste 13134358-10 2 Crew Cab Service Body Trick $ 57,950 WWtr Collections BB4358-10 3 Service Body Trick $ 50,805 Wtr Distribution 13134358-10 4 Tractor & Attachments $ 58,275 Wtr Production HGAC 5 Trick w/Dump Body $ 55,429 Parks Maintenance 13134358-10 Total $272,019 Cooperative agreement handling fees and service manuals are estimated at $1,000 and may vary depending upon the number of purchase orders issued and service manuals required. All of the tricks are powered by diesel engines with Low Emission Vehicle (LEV) ratings that meet or exceed Environmental Protection Agency (EPA) Standards. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The City Council approved the replacement schedule for these tricks in the Fiscal Year 2010- 2011 Budget. At its April 11, 2011 meeting the Public Utilities Board recommended approval to forward the purchase for Item 1, the Hybrid Sports Utility Vehicle to City Council, by a vote of 6-0 (Exhibit 3). At its May 23, 2011 meeting the Public Utilities Board recommended approval to forward the purchases for the Utility vehicles and equipment listed as Items 2, 3, and 4 to the City Council for consideration by a vote of 5-0. Agenda Information Sheet June 7, 2011 Page 2 RECOMMENDATION Award the purchase of Solid Waste, Utility and Parks Department vehicles and equipment through the Houston Galveston Area Council of Governments and Buy Board Cooperative Purchasing Interlocal Agreement contracts to the vendors listed below for a total award amount of $272,019. ITEM NUMBER VENDOR 1 Caldwell Chevrolet 2, 3, 5 Southwest International 4 AG-Power Inc Total for Vehicles/Equipment PRINCIPAL PLACE OF BUSINESS Caldwell Country Southwest International Caldwell, TX McKinney, TX ESTIMATED SCHEDULE OF PROJECT A N4C)T WT $ 49,560 $ 164,184 $ 58,275 $ 272,019 AG-Power Inc McKinney, TX The purchase and delivery of vehicles, tricks and equipment will occur within 180 days of purchase order issuance. FISCAL INFORMATION These items will be funded from the Fiscal Year 2010-11 Certificate of Obligation Bonds with the following account numbers: Account# 660041592. 1315530100 645009645. 1315530100 635023635. 1315530100 635022635. 1315530100 8100731462. 1315530100 Requisition# Dollar Amount 103014 $ 49,560.00 103042 $ 57,950.00 103042 $ 50,805.00 103041 $ 58,275.00 103044 $ 55,429.00 Total Expenditure $ 272,019.00 Agenda Information Sheet June 7, 2011 Page 3 EXHIBITS Exhibit 1: Price Quotes Exhibit 2: Price Comparison Exhibit 3: Public Utilities Board Minutes Respectfully submitted: ~f Antonio Puente, Jr., 349-7283 Assistant Director of Finance I -.CIS-File 4725 Exhibit I Item 1 QUOTE# 00IA CONTRACT PRICING WORKSHEET End User: CITY OF DENTON Contractor: CALDWELL COUNTR Contact Name: MIKE ELLIS CALDWELL COUNTRY Email: MIKE.ELLIS@CITYOFDENTON.COM Prepared By: Averyt Knapp Phone 940--349-8410 Email: aknapp@caldwellcountry.com Fax 940-349-8492 Phone 800-299-7283 or 979-- 567-6116 Location City & State: DENTON, TX Fax 979-567--0853 Date Prepared: MARCH 25, .20.1. Address: P. O. Box 27, Caldwell, TX 77836 Contract Number:. BUY BOARD #358-10 Tax Ili # 14-1856872 Product Description: 203.1 CHEVROLET A Base Price & Options: TAHOE 4X4 HYBRID CK10706 $49,160 B Published Options Code Description Cost Code Description Cost HYBRID, 4X4, 6.OLV8- LIVC, HYBRID POWER FLOW DISPLAY W/NAVIGATION, FULL SIZE SPARE TIRE & WHEEL, LEATHER INTERIOR, POWER SEAT, POWER WINDOWS, POWER LOCKS, POWER MIRRORS, DEEP TINT GLASS, RUNNING BOARDS, FULL BUCKET SEATS/CONSOLE, SPLIT CENTER/REAR BENCH INCL CALDWELL COUNTRY PO BOX 27 CALDWELL,TEXAS 77836 Subtotal B INCL C Unpublished Options Code Desoription Cost Code Description Cost 4O( 34.,. 1 Subtotal C D Other Price Adjustments (Installation, Delivery, Etc...) Subtotal D INCL V rr„44 Cnci- Rafnra Vo.A & Non-Eaui-oment Charges(A+B+C+D) $49,160 1 Quantity Ordered 1 x $49,160 Subtotal E E Non-Equipment Charges (Trade-In, Warranty, Etc...} BUY BOARD x$400 G. Color of Vehicle: WHITE H. Total Purchase Price (E+F) $49,560 Estimated Delivery 60-90 DAYS APPX Date: 1 r`j ` Item 2 Texas Local Government Purchasing Cooperative PRICING WORKSHEET Buying Agency: City of Denton Bate Prepared 51212011 Southwest International Trucks Contract # 358-10 Product Description., 2012 international TerraStar with service body Contact Person: Item: Base Chassis Bid $ 38,746.50 B: Options Option cost is 80% of MSRP Material surcharge 300.00 19,500 GVWR Included rear crossmember 98.60 7000# front axle 110.50 7000# ftront springs 23.80 Cigar liter 15.30 Power source 25.85 AM FM stereo radio 287.30 13,500# rear axle 442.00 13,500 rear,springs 13.60 , L&R convex mirrors 18.70 Air conditioner 699.55 Fresh air filter for a/c 64.60 7 way plug trailer brake wiring 182,00 Subtotal Column 1: $ 2,281.80 Subtotal Column 2: $0,00 Total Options $ 2,281.80 CHASSIS WITH FACTORY OPTIONS S 41.028.3[} TOTAL BODY PRICE See attached body spec sheet Knapheide Service body $9,267.00 Additional Options: Buy Board Fee $400 fee split behveen two trucks 200.00 Transportation 125.00 519120117:28 Alt/ ti A i i 435 t)a3(35 lc~ 6 0>115~ INTERNATIONAV Prepared For: CITY OF DENTON Mike Ellis 901 l3 TEXAS ST. DENTON, TX 76209- (940)349 - 7100 Reference ID: NIA May 04, 2011 Presented By: SOUTHWEST INTL TRIOS INC Tom E Claiborne 2401 E PIONEER PKWY ARLINGTON TX 76010 - (817)461-2931 Thank you for the opportunity to provide you with the following quotation on a new International truck. I am sure the following detailed specification will meet your operational requirements, and I look forward to serving your business needs. 11 -15' F: = Model Profile 2012 TERRASTAR SFA 4x2 (TA005) APPLICATION: Service Body MISSION: Requested GVWR: 19500. Calc. GVWR: 19500 Calc. Start I Grade Ability: 44.30% / 4.94% @ 55 MPH Calc. Geared Speed: 75.2 MPH DIMENSION: Wheelbase: 158.00, CA: 8160, Axle to Frame: 49.00 ENGINE, DIESEL: (MaxxForce 7) EPA 10, 300 HP @ 2600 RPM, 660 lb-ft Torque @ 1600 RPM, 2800 RPM Governed Speed, 300 Peak HP (Max) TRANSMISSION, AUTOMATIC: {Allison 1000_HS) 4th Generation Controls; Close Ratio, 5-Speed, With Overdrive; Less PTO Provision, Includes Park Pawl, Less Retarder, With 19,500-1b GVW & 26,000-1b GCW Max. CLUTCH: Omit Item (Clutch & Control) AXLE, FRONT NON-DRIVING: (Dana Spicer D700-N) I-Beam Type, 73000-1b Capacity AXLE, REAR, SINGLE: {Rana Spicer 5110) Single Reduction, With Offset Housing; 43,5004 Capacity, 160 Wheel Ends Gear Ratio: 4.88 CAB: Conventional TIRE, FRONT; (2) 225170R19.5 R250F (BRIDGESTONE) 645 rev/mile, load range F,12 ply TIRE, REAR: (4) 225/70R19.5 R25OF (BRIDGESTONE) 645 revlmile, load range F, 12 ply SUSPENSION, RR, SPRING, SINGLE:Vari-Rate; 13,500-1b Capacity PAINT: Cab schematic 100TA Location 1: 9219, Winter White (Std) Chassis schematic N/A Proposal: 481401 4<-, b~-t) ((3~ I N TERNATI ONAV Vehicle Specifications May 04, 2011 2012 TERRASTAR SFA 4x2 (TA005) Code Description FIR Wt Tot Wt List (Ibs) (Ibs) (USA DOLLAR) TA00500 Base Chassis, Model T£RRASTAR SFA 42 with 158.00 4681/2731 7412 $42,101.00 Wheelbase, 83.60 CA, and 49.00 Axle to Frame. 1 CDN FRAME RAILS High Strength LowAlloy Steel (80,000 PSI Yield); 010 0 $0.00 7.375" x 3.079" x.312" 087.45mm x 78.2mm x 8.0mm) With Transition to 9.125' x 3.079" X.312" (231.8mm x 78.2mm x 8.0mm); Includes 1.2" (30mm) Drop Under Cab; 325.5" (8267.7mm) Maximum OAL 1LRR BUMPER, FRONT Full Width, Aerodynamic, Steel; 0.118" 010 0 $0.00 Material Thickness, Dark Gray 1SAL CROSSMEMBER, REAR, AF (01) 0120 20 $118.00 1WEB WHEELBASE RANGE 128" (325cm) Through and Including 0/0 0 $0,00 183" (465cm) 2ADZ AXLE, FRONT NON-DRIVING (Dana Spicer D700-N) I-Beam 0/0 0 $130.00 Type, 7,000-lb Capacity 3AGN SUSPENSION, FRONT, SPRING Taper Leaf, Shackle Type; 010 0 $28.00 7,000-lb Capacity; With Shock Absorbers 4087 BRAKE SYSTEM, HYDRAULIC (TRW 355) Split System, With 010 0 $0.00 Three Channel ABS 4GAX BRAKE, PARKING {TRW) Drum-in-Hat Type; for Hydraulic 010 0 $0.00 Brake chassis; Activated by Lever In Cab; Mounted In Rear Wheels 4JNH BRAKES, FRONT, HYDRAULIC DISC {TRW) 15.35" x 1.54" 010 0 $0.00 Rotors; Dual 2,36" (60mm) Diam. Pistons 4NNH BRAKES, REAR, HYDRAULIC DISC (TRW) 15.35' x 1.54" 010 0 $0.00 Rotors; Dual 2.36" (60mm) Diam. Pistons 5AAA STEERING COLUMN Stationary 010 0 $0.00 SCAL STEERING WHEEL 2-Spoke, 18" Diam., Black 010 0 $0.00 5PSN STEERING GEAR (Sheppard MD83) Power 010 0 $0.00 7BDA EXHAUST SYSTEM Single, Horizontal, Aftertreatment Device 010 0 $0.00 Frame Mounted Right Side Back of Cab, Includes Horizontal Tail Pipe 8000 ELECTRICAL SYSTEM 12-Volt, Standard Equipment 010 0 $0.00 8518 CIGAR LIGHTER Includes Ash Cup 110 1 $18.00 8718 POWER SOURCE Cigar Type Receptacle without Plug and 110 1 $30.00 Cord 8GGZ ALTERNATOR (Leece-Neville LBP2224H) Brush Type; 12 Volt 010 0 $0.00 120 Amp. Capacity, Pad Mounted 8MED BATTERY SYSTEM (International) Maintenance-Free (2) 12- 0/0 0 $0.00 Volt 110000A Total 8RJV RADIO (international) AM/FM Stereo With Weatherband, Clock, 211 3 $338.00 Auxiliary Input, Includes Multiple Speakers 2 Proposal., 4814-01 25 4 5 oDlf31~ INTERNATIONAL" Vehicle Specifications ' 2012 TERRASTAR 5FA 4x2 (TA005) May 04, 2011 Code Description FIR Wt Tot Wt List (lbs) (lbs) (USA DOLLAR) BTME TRAILER CONNECTION SOCKET 7-Way; Mounted at Rear Of 017 7 $214.00 Frame, Wired for Turn Signals Independent of'Stop, Compatible With Trailers That Have Amber or Side Turn Lamps 8WBW JUMP START STUD Remote Mounted 210 2 $0.00 8WWJ INDICATOR, LOW COOLANT LEVEL With Audible Alarm 110 1 $0.00 8WYD STARTING MOTOR {Delco Remy 29MT) 12 Volt; Less Thermal 0/0 0 $0.00 Over-Crank Protection, With Integrated Magnetic Switch 9HBZ GRILLE Molded, Dark Gray Color 010 0 $0.00 SWAY FRONT END Tilting, Fiberglass, With Three Piece Construction 010 0 $0.00 10060 PAINT SCHEMATIC, PT-1 Single Color, Design 100 010 0 $0.00 10761 PAINT TYPE Base Coat/Clear Coat, 1-2 Tone 010 0 $0.00 11001 CLUTCH Omit Item (Clutch & Control) 010 0 $0.00 12NVE ENGINE, DIESEL (MaxxForce 7) EPA 10, 300 HP @ 2600 RPM, 010 0 $0.00 660 lb-ft Torque @ 1600 RPM, 2800 RPM Governed Speed, 300 Peak HP (Max) 12TTB FAN DRIVE (Borg-Warner Series 790) Viscous Type, Screw On 0/0 0 $0.00 12UBU RADIATOR Aluminum; 2-Row, Cross Flow, Side-by-Side 010 0 $0.00 System, 697 Sqln Louvered, With 225 Sqtn CAC, With In-Tank Oil Cooler 12VBR AIR CLEANER With Service Protection Element 0/0 0 $0.00 12VXT THROTTLE, HAND CONTROL Engine Speed Control; 010 0 $0.00 Electronic, Stationary, Variable Speed; Mounted on Steering Wheel 12VYP ENGINE CONTROL, REMOTE MOUNTED - No Provision 0/0 0 $0.00 Furnished for Remote Mounted Engine Control 12VZD FEDERAL EMISSIONS for 2010; MaxxForce 7 Engines 010 0 $0.00 12WI"A FAN DRIVE SPECIAL EFFECTS Fan Cooling Ring with Fan 151-2 13 $0.00 Shroud Effects, Engine Mounted 12WZE EMISSION COMPLIANCE Federal, Does Not Comply With 0/0 0 $0.00 California Clean Air Regulations 13RHE TRANSMISSION, AUTOMATIC (Allison 1000-HS) 4th 0/0 0 $0.00 Generation Controls; Close Ratio, 5-Speed, With Overdrive; Less PTO Provision, Includes Park Pawl, Less Retarder, With 19,500-lb GVW & 26,000-lb GCW Max. 13WLN TRANSMISSION OIL Synthetic; 20 thru 28 Pints 010 0 $0.00 13WYK SHIFT CONTROL PARAMETERS Allison Load Based Shift 010 0 $0.00 Schedules (LBSS) 14ACN AXLE, REAR, SINGLE {Dana Spicer S110) Single Reduction, 0/0 0 $520.00 With Offset Housing; 13,500-lb Capacity, 160 Wheel Ends, Gear Ratio: 4.88 14SAC SUSPENSION, RR, SPRING, SINGLE Vari-Rate; 13,500-lb 30/89 119 $16.00 Capacity 3 Proposal: 4814.01 If at 5 WDI13(~ INTERNATIONAL" Vehicle Specifications May 04, 2011 2012 TERRASTAR SFA 4x2 (TA005) Cado Description FIR Wf Tot Wt List (ibs) (lbs) (USA DOLLAR) 15SSW FUEL TANK Top Draw; Rectangular, Steel; 40 U,S, Gal., 151 L -13/82 69 $0.00 Capacity, 15" Depth, Includes Fuel Filler Assembly and Vent Hosing, Mounted Between Frame Sidemembers and Behind Rear Axle 46030 CAB Conventional 0/0 0 $0.00 16400 SEAT, PASSENGER Omit item 010 0 $0,00 16HBA GAUGE CLUSTER English With Eng€€sh Electronic 010 0 $0.00 Speedometer 16HKT IP CLUSTER DISPLAY On Board Diagnostics Display of Fault 010 0 $0.00 Codes in Gauge Cluster 16JPU SEAT, FRONT BENCH (Gra-Mag) Full Width; Vinyl, With Fixed 0/0 0 $0.00 Mid Back 16SDJ MIRRORS (2) {Lang Mekra} Rectangular, 7.44"x 14.84" & 7.44" 210 2 $2100 sq. Convex Both Sides, 102" Inside Spacing, Breakaway Type, Black Heads, Brackets & Arms 16WCT AIR CONDITIONER {Blend-Air} With Integral Heater & Defroster 5917 66 $823.00 16WJS INSTRUMENT PANEL Center Section, Flat Panel 010 0 $0.00 16WLS FRESH AIR FILTER Attached to Air Intake Cover on Cowl Tray 410 1 $76.00 in Front of Windshield Under Hood 16WRX CAB INTERIOR TRIM Deluxe 0/0 0 $0.00 16XRN MODESTY PANEL Molded, Dark Gray Color 0/0 0 $0.00 27DAU WHEELS, FRONT DISC; 19.5' Painted Steel, 10-Stud (225mm 010 0 $0,00 BC) Hub-Piloted, Flanged Nut, MetricMount, 6.00 DC Rims; With Steel Hubs 28DAU WHEELS, REAR DISC; 19.5" Painted Steel, 1O-Stud (225mm 010 0 $O.OD BC) Hub-Piloted, Flanged Nut, Metric Mount, 6.00 DC Rims; With Steel Hubs 7709449047 (2) TIRE, FRONT 225/70R19.5 R250F (BRIDGESTONE) 645 010 0 $0.00 rev/mile, load range F, 12 ply 7709449047 (4) TIRE, REAR 225/701119.5 R250F (BRIDGESTONE) 645 rev/ 010 0 $0.00 mile, load range F, 12 ply, Total of Product Features $44,432.00 Cab schematic 100TA Location 1: 9219, Winter White (Std) Chassis schematic N/A Total Component Weight: 478212935 7717 Total List Price including Options: $44,432,00 The weight calculations included in this proposal are an estimate of future vehicle weight. The actual weight as manufactured may be different from the estimated weight. Navistar, Inc. shall not be liable for any consequences resulting from any differences between the estimated weight of a vehicle and the actual weight. 4 Proposal; 4814-01 q S Item 3 Texas Local Government Purchasing Cooperative C PRICING WORKSHEET ' Buying Agency: city of Denton Date Prepared 51412011 Southwest International Trucks Contract # 358-10 Product Description: 2012 International TerraStar Crew Cab service body truck Contact Person: Item: Base Chassis Bid $ 38,746.50 B: options Material surcharge Rear crossmember Wheelbase 7000# front axle 7000# front springs Air compressor cigar liter Power source on dash AM FM radio 7Way trailer connection 13,500# rear axle 13,500 rear springs 4 door crew cab Air ride driver seat air ride passenger seat vinyl bench seat In roar L&R convex mirrors air conditioner fresh air filter In cowl Subtotal Column 1: Total Options CHASSIS WITH FACTORY TOTAL BODY PRICE Additional Options: Buy Board Fee Transportation DOT Inspection with Fire E u€sher on cost i 300.90 98.60 232.90 110.50 23.60 671.50 182.00 442.00 13.60 18.70 699.65 64.60 9,301.40 mn z: r spec sneet , body $9,267.00 400.00 50.00 _ 185.00 ,f TOTAL BUY BOARD PRICE ~57,94U.9U1 uaivin South, Mckini Fax# 9 om To purchase this unit, please Issue a purchase order to the Buy Board; the Buy Board will notify Southwest International of your purchase order. We will order the truck and body when we receive the purchase order from the buy Board. Thank you, Calvin Lewis 519!20117:27 AM / LI-5 ar, 6 T ~ 145 INTERNATIONAL" Prepared For: CITY OF DENTON Mike Ellis 901 B TEXAS ST. DENTON, TX 76209- (940)349 - 7100 Reference ID: NIA May 04, 2011 Presented By: SOUTHWEST INTL TRKS INC Tom E Claiborne 2401 E PIONEER PKWY ARLINGTON TX 76010 - (817)461-2931 Thank you for the opportunity to provide you with the following quotation on a new International truck. I am sure the following detailed specification will meet your operational requirements, and I look forward to serving your business needs. Model Profile 2012 TERRASTAR SFA 4x2 (TA005) APPLICATION: Service Body MISSION: Requested GVWR: 19500. Cale. GVWR: 19500 Cale. Start / Grade Ability: 44.30% 14.94% @ 55 MPH Calc. Geared Speed: 75.2 MPH DIMENSION: Wheelbase: 203.00, CA: 84.70, Axle to Frame: 63.00 ENGINE, DIESEL: (MaxxForce 7) EPA 10, 300 HP @ 2600 RPM, 660 lb-€t Torque @ 1600 RPM, 2800 RPM Governed Speed, 300 Peak HP (Max) TRANSMISSION, AUTOMATIC: (Allison 1000-HS) 4th Generation Controls; Close Ratio, 5-Speed, With Overdrive; Less PTO Provision, Includes Park Pawl, Less Retarder, With 19,500-lb GVW & 26,000-lb GCW Max, CLUTCH: Omit Item (Clutch & Control) AXLE, FRONT NON-DRIVING: (Dana Spicer D700-N) I-Beam Type, 7,000-lb Capacity AXLE, REAR, SINGLE: (Dana Spicer S110) Single Reduction, With Offset Housing; 13,500.1b Capacity, 160 Wheel Ends Gear Ratio: 4.88 CAB: Conventional 6-Man Crew Cab TIRE, FRONT: (2) 225t70R19.5 R250F (BRIDGESTONE) e45 rev/mile, load ranee F, 12 ply TIRE, REAR: (4) 225/70R19.5 R250F (BRIDGESTONE) 645 rev/mile, load range F, 12 ply SUSPENSION, RR, SPRING, SINGLE:Vari-Rafe; 13,500-lb Capacity PAINT: Cab schematic 10DTA Location 1: 9299, Winter White (Std) Chassis schematic NIA Proposak 4817-01 I4- INTERNATIONA L" Vehicle Specifications May 44, 2011 2012 TERRASTAR SFA 4x2 (TA005) Code Description FIR Wt Tot Wt List (ibs) (lbs) (USA DOLLAR) TA00500 Base Chassis; Model TERRASTAR SFA 42 with 203.00 468112731 7412 $42,101.00 Wheelbase, 84.70 CA, and 63.00 Axle to Frame. 1CDN FRAME RAILS High Strength LowAlloySteel(80,000PSI Yield); 591111 170 $0.00 7.375' x 3.079" x.312" (I87.45mm x 78.2mm x 8.Omm) With Transition to 9.125" x 3.079" x.312" (231.8mm x 78.2mm x 8.Omm); Includes 1.2" (30mm) Drop Under Cab; 325.5" (8267.7mm) Maximum OAL 1 LRR BUMPER, FRONT Full Width, Aerodynamic, Steel; 0.118" 010 0 $0.00 Material Thickness, Dark Gray 1SAL CROSSMEMBER, REAR, AF (01) 0120 20 $116.00 1WEC WHEELBASE RANGE 185" (470cm) Through and including 010 0 $274.00 236" (600cm) 2ADZ AXLE, FRONT NON-DRIVING (Dana Spicer D700-N) I-Beam 010 0 $130.00 Type, 7,000-1b Capacity 3AGN SUSPENSION, FRONT, SPRING Taper Leaf, Shackle Type, 010 0 $28.00 7,000-lb Capacity; With Shock Absorbers 4087 BRAKE SYSTEM, HYDRAULIC (TRW 355) Split System, With 010 0 $0.00 Three Channel ASS 4GAX BRAKE, PARKING (TRW) Drurn4n-Hat Type; for Hydraulic 010 0 $0.00 Brake chassis; Activated by Lever in Cab; Mounted in Rear Wheels 4JNH BRAKES, FRONT, HYDRAULIC DISC {TRW) 15.35" x 1.54" 010 0 $0.00 Rotors; Dual 2.36" (60mm) Diam. Pistons 4NNH BRAKES, REAR, HYDRAULIC DISC (TRW) 16.35" x 1.54" 010 0 $0.00 Rotors; Dual 2.36" (60mm) Diam. Pistons 4SBL AIR COMPRESSOR {Bendix Tu-Flo 550} 13.2 CFM Capacity; 54128 82 $790.00 and Tank for Air Source on Hydraulic Chassis 5AAA STEERING COLUMN Stationary 010 0 $0.00 5CAL STEERING WHEEL 2-Spoke, 18" Diam., Black 010 0 $0.00 5PSN STEERING GEAR {Sheppard MD831 Power 010 0 $0.00 78DA EXHAUST SYSTEM Single, Horizontal, Aftertreatment Device Olp 0 $0.00 Frame Mounted Right Side Back of Cab, Includes Horizontal Tail Pipe 8000 ELECTRICAL SYSTEM 12-Volt, Standard Equipment 010 0 $0.00 8518 CIGAR LIGHTER Includes Ash Cup 110 1 $18.00 8718 POWER SOURCE Cigar Type Receptacle without Plug and 110 1 $30.00 Cord 8GGZ ALTERNATOR (Leece-Neville LBP2224H) Brush Type; 12 Volt 010 0 $0.00 120 Amp. Capacity, Pad Mounted 8MED BATTERY SYSTEM {International} Maintenance-Free (2) 12- 010 0 $0.00 Volt 1100CCA Total 8RJV RADIO {International} AM/FM Stereo With Weatherband, Clock, 310 3 $338.00 Auxiliary Input, Includes Multiple Speakers 2 Proposal: 4817-01 INTERNATIONAL" Vehicle Specifications May 04, 2011 2012 TERRASTAR SFA 4x2 (TA005) Code Description FIR Wt Tot Wt List Qbs) (lbs) (USA DOLLAR) 8TME TRAILER CONNECTION SOCKET 7-Way; Mounted at Rear of OFI 7 $214.00 Frame, Wired for Turn Signals Independent of Stop, Compatible With Trailers That Have Amber or Side Turn Lamps 8WBW JUMP START STUD Remote Mounted 210 2 $0.00 8WWJ INDICATOR, LOW COOLANT LEVEL With Audible Alarm 1/0 1 $0.00 8WYD STARTING MOTOR (Delon Remy 29MT) 12 Volt; Less Thermal 010 0 $0.00 Over-Crank Protection, With Integrated Magnetic Switch 9HBZ GRILLE Molded, Dark Gray Color 010 0 $0.00 SWAY FRONT END Tilting, Fiberglass, With Three Piece Construction 010 0 $0.00 10060 PAINT SCHEMATIC, PT-1 Single Color, Design 100 0/0 0 $0.00 10761 PAINT TYPE Base Coat/Clear Coat, 1-2 Tone 010 0 $0.00 11001 CLUTCH Omit Item (Clutch & Control) 0/0 0 $0.00 12NVE ENGINE, DIESEL (MmForce 7) EPA 10, 300 HP @ 2600 RPM, 010 0 $0.00 660 lb-ft Torque @ 1600 RPM, 2800 RPM Governed Speed, 300 Peak HP (Max) 12TTB FAN DRIVE (Barg-Warner Series 790) Viscous Type, Screw On 010 0 $0.00 12UBU RADIATOR Aluminum; 2-Row, Cross Flow, Side-by-Side 0/0 0 $0.00 System, 697 Sqln Louvered, With 225 Sqln CAC, With In-Tank Oil Cooler 12VBR AIR CLEANER With Service Protection Element 0/0 0 $0.00 12VXT THROTTLE, HAND CONTROL Engine Speed Control; 0/0 0 $0.00 Electronic, Stationary, Variable Speed; Mounted on Steering Wheel 12VYP ENGINE CONTROL, REMOTE MOUNTED - No Provision 010 0 $0.00 Furnished for Remote Mounted Engine Control 12VZD FEDERAL EMISSIONS for 2010; MmForce 7 Engines 010 0 $0.00 12WTA FAN DRIVE SPECIAL EFFECTS Fan Cooling Ring with Fan 14/-1 13 $0,00 Shroud Effects, Engine Mounted 12WZE EMISSION COMPLIANCE Federal, Does Not Comply With 0/0 0 $0.00 California Clean Air Regulations 13AHE TRANSMISSION, AUTOMATIC (Allison 1000-HS) 4th 010 0 $0.00 Generation Controls; Close Ratio, 5-Speed, With Overdrive; Less PTO Provision, Includes Park Pawl, Less Retarder, With 19,500-Ib GVW & 26,000-lb GCW Max. 13WLN TRANSMISSION OIL Synthetic; 20 thru 28 Pints 010 0 $0.00 13WYK SHIFT CONTROL PARAMETERS Allison Load Based Shift 010 0 $0.00 Schedules (LBSS) 14ACN AXLE, REAR, SINGLE (Dana Spicer S110) Single Reduction, 010 0 $520.00 With Offset Housing; 13,500-1b Capacity, 160 Wheel Ends. Gear Ratio: 4.88 14SAC SUSPENSION, RR, SPRING, SINGLE Vari-Rate; 13,500-lb 23196 119 $16.00 Capacity 3 Proposal: 4817-01 ~5 INTERNATIONAV Vehicle Specifications May 04, 2019 2012 TERRASTAR SFA 4x2 (TA005) Code Description FIR Wt Tot Wt Lis (Ibs) (lbs) (USA DOLLAR) 15SSW FUEL TANK Top Draw; Rectangular, Steel; 40 U.S. Gal., 951 L 6163 69 $0.00 Capacity, 15" Depth, Includes Fuel Filler Assembly and Vent Hosing, Mounted Between Frame Sidemembers and Behind Rear Axle 16196 CAB Conventional 6-Man Crew Cab 1041250 354 $6,221.00 16HBA GAUGE CLUSTER English With English Electronic 0/0 0 $0.00 Speedometer 16HKT IP CLUSTER DISPLAY On Board Diagnostics Display of Fault 010 0 $0.00 Codes in Gauge Cluster 16JNT SEAT, DRIVER (National 2000) Air Suspension, High Back With 1614 20 $116.00 integral Headrest, Vinyl, Isolator, 1 Chamber Lumbar, With 2 Position Front Cushion Adjust, -3 to +14 Degree Angle Back Adjust 16RXE SEAT, PASSENGER (Natlona12000)AirSuspension, Mid Back, 71/29 1130 $496.00 Vinyl, Less Isolator, Less Lumbar, 2 Position Front Cushion Adjustment, -3 to +14 Degree Back Angle Adjustment 16RZD SEAT, REAR (International) BENCH; Full Width; Vinyl, With 44/49 93 $362.00 Fixed Back and Two Integral Outboard Headrests 16SDJ MIRRORS (2) (Lang Mekra) Rectangular, 7.44" x 14.84" & 7.44" 210 2 $22.00 sq. Convex Both Sides, 902" Inside Spacing, Breakaway Type, Black Heads, Brackets & Arms 16WCT AIR CONDITIONER(Slend-Air) With Integral Heater& Defroster 6115 66 $823.00 16WJS INSTRUMENT PANEL Center Section, Flat Panel 010 0 $0.00 16WLS FRESH AIR FILTER Attached to Air Intake Cover on Cowl Tray 110 1 $76.00 in Front of Windshield Under Hood 16WSG CAB INTERIOR TRIM Deluxe; for Crew Cab 010 0 $0.00 16XRN MODESTY PANEL Molded, Dark Gray Color 010 0 $0.00 27DAU WHEELS, FRONT DISC; 19.5" Painted Steel, 10-Stud (225mm 010 0 $0.00 BC) Hub-Piloted, Flanged Nut, Metric Mount, 6.00 DC Rims; Wth Steel Hubs 28DAU WHEELS, REAR DISC; 99.5" Painted Steel, 10-Stud (225mm 010 0 $0.00 BC) Hub-Piloted, Flanged Nut, Metric Mount, 6,00 DC Rims; With Steel Hubs 7709449047 (2) TIRE, FRONT 225/70R19.5 R25OF (BRIDGESTONE) 645 010 0 $0.00 revlmile, load range F, 12 ply 7709449047 (4) TIRE, REAR 225/70R19.5R250F(BRIDGESTONE)645rev/ 010 0 $0.00 Milo, toad range F, 12 ply Total of Product Features $62,691.00 Cab schematic 100TA Location 1: 9219, Winter White (Std) Chassis schematic NIA Total Component Weight: 514413392 8536 4 Proposal: 4817-01 INTERNATIONAL" Vehicle Specifications May 04, 2011 2012 TERRASTAR SFA 4x2 (TA005) Code Description Total List Price Including Options: FIR Wt Tot Wt List (lbs) (lbs) (USA DOLLAR) $52,691.00 The weight calculations included in this proposal are an estimate of future vehicle weight. The actual weight as manufactured may be different from the estimated weight, Navistar, Inc. shall not be liable for any consequences resulting from any differences between the estimated weight of a vehicle and the actual weight. Proposal: 4817-01 Item 4 AG-POWER, INC. 3501 N. Central Expressway 0i McKinney, TX 75071 Phone: 972-542-0301 Jow4 DEeRa Fax: 972-542-4321 Quote Id :5299601 Quote Summary HGAC program quote. Must comply with HGAC guidelines to qualify. Contract GR01-10 Prepared For: Prepared By: Quote Id : 5299601 City of Denton MIKE BARKER Created On: March 30, 2011 TX 3501 N. Central Expressway Last Modified On :March 31, 2011 Home: 940-349-8424 McKinney, TX 75071 Expiration Date December 31, 2011 mbarker@ag-power.com Equipment Summary Selling Price Qty Extended JOHN DEERE 5075M Utility Tractor $ 39,780.41 X 1 - $ 39,780.41 JOHN DEERE 563 Self-Leveling Loader JOHN DEERE HX15 Flex-Wing Rotary Cutter - 540 RPM Stump Jumpers - Single Suction Blades - 6 Wheels Equipment Total $ 58,274.49 Quote Summary Equipment Total SubTotal Total Down Payment Rental Applied Balance Due Salesperson : X $ 5,591.15 X 1 = $ 5,591.15 $ 12,902.93 X 1 - $ 12,902.93 Accepted By : X $ 58,274.49 $ 58,274.49 $ 58,274.49 (0.00) (0.00) $ 58,274.49 CONFIDENTIAL a Selling Equipment JOHN DEERE Quote Id :5299601 JOHN DEERE 6075M Utility Tractor Selling Price $ 39,780.41 Code Description Qty Unit Extended 1910LV 5075M Utility Tractor 1 $ 42,177.00 $ 42,177.00 Standard Options - Per Unit - 1004 MFWD (4 Wheel Drive) 1 $ 0.00 $ 0.00 2033 Cab 1 $ 10,409.00 $ 10,409.00 2100 Vertical Exhaust 1 $ 0.00 $ 0.00 3320 16FI16R PowrReverser Transmission - 1 $ 0.00 $ 0.00 5401540E 4000 Mechanical 1 $ 0.00 $ 0.00 5030 Triple Rear Deluxe Valve with Lever 1 $ 1,055.00 $ 1,055.00 Controls 5220 Dual Mid Valve with Joystick Control 1 $ 0.00 $ 0.00 7520 3-Point Hitch with Telescoping Draft 1 $ 0.00 $ 0.00 Links 8142 18AR30 143A8 R1 Radial 1 $ 1,760.00 $ 1,760.00 8451 12AR24 122AB R1 Radial 1 $ 562.00 $ 562.00 9020 Front Weight Support - 187 Lbs. 1 $ 253.00 $ 253.00 Standard Options Total $ 14,039.00 - Dealer`Attachrnents - LVB26787 Radiator Clean Out Screen 1 $ 54.00 $ 54.00 RE265545 Radio, AM/FM Stereo with Clock and 1 $ 0.00 $ 0.00 Weatherband Dealer Attachments Total $ 54.00 Discount - $ -16,489.59 $ -16,489,59 CONFIDENTIAL Selling Equipment JoKNDeERE Quote Id :5299601 JOHN DEERE 563 Self-Leveling Loader Selling Price $ 5,591.'15 Code Description Qty Unit Extended 2462P 563 Self-Leveling Loader 1 $ 9,708.00 $ 9,708.00 - - Standard options - Per:,Unit 0595 Custom Configuration 1 $ 0.00 $ 0.00 1000 Mounting Frame 1 $ -486.00 $ -486.00 2010 2 Function - Hoses and Couplers 1 $ -1,376.00 $ -1,376.00 3095 Less Couplers 1 $ -220.00 $ -220.00 4095 Less Ballast Box 1 $ 0.00 $ 0.00 7000 Global Carrier. 1 $ 0.00 $ 0.00 8001 73 In. (1850 mm) Global Materials 1 $ 0.00 $ 0.00 Bucket 9035 Hood Guard 1 $ 231.00 $ 231.00 Standard Options Total $ 41,851.00 - - - Other Charges Freight _ $ 248.35 $ 248.35 Other Charges Total $ 248.35 Discount $ -2,514.20 $ -2,514.20 CONFIDENTIAL Belting Equipment JOHNOCERE Quote Id :5299601 JOHN DEERE Hxi6 Flex-Wing Rotary Cutter - 540 RPM Stump Jumpers - Single Suction Blades - 6 Wheels Selling Price $ 12,902.93 Code Description Qty Unit Extended 227BP HX15 Flex-Wing Rotary Cutter - 540 1 $ 17,818.00 $ 17,818.00 RPM Stump Jumpers - Single Suction Blades - 6 Wheels Standard Optioi► s - Per Unit 1000 Constant Velocity with Lock-Slide 1 $ 0.00 $ 0.00 Collar Driveline, Cat 5, 540 RPM 1200 21.0" x 5,25" x 9.0" Puncture Proof 1 $ 0.00 $ 0.00 Laminated Tires 1600 Front Safety Shield - Chain 1 $ 0.00 $ 0.00 1700 Rear Safety Shield - Chain 1 $ 0.00 $ 0.00 6010 10,000 Lb. (45kN) Chain 1 $ 0.00 $ 0.00 Standard Options Total $ 0.00 Other;Charges - Freight 1 $ 424.01 $ 424.01 Other Charges Total $ 424.01 Discount $ -5,339.08 $ -5,339.08 CONFIDENTIAL Texas Local Government Purchasing Cooperative'- Material surcharge 300.00 19,500 GVWR Included rear crossmember 98.60 7000# front axle 110.50 7000# ftront springs 23.80 Cigar liter 15.30 Power source 25.85 AM FM stereo radio 287.30 13,500# rear axle 442.00 13,500 rear springs 13.60 L&R convex mirrors 18.70 Air conditioner 699.55 Fresh air filter for a/c 64.60 Ailison 1000 RDS automatic trans 246.50 7 way plug trailer brake wiring 182.00 Subtotal Column 1: $ 2,528.30 Subtotal Column 2: $0.00 Total Options $ 2,528.30 CHASSIS WITH FACTORY OPTIONS $ 41,274.80 TOTAL BODY PRICE See attached body spec sheet Knaphelde dump body $13,444.00 Additional Options; Buy Board Fee 400.00 Transportation 125.00 519120117:28 AM INTERNATIONAL" Prepared For. CITY OF DENTON Mike Ellis 901 B TEXAS ST. DENTON, TX 76209- (940)349 - 7100 Reference ID: NIA May 04, 2011 Presented By: SOUTHWEST INTL TRKS INC Tom E Claiborne 2401 E PIONEER PKWY ARLINGTON TX 76010 - (817)461-2931 Thank you for the opportunity to provide you with the following quotation on a new international truck. I am sure the following detailed specification will meet your operational requirements, and I look forward to serving your business needs. Model Profile 2012 TERRASTAR SFA 4x2 (TA005) APPLICATION: Landscape Dump MISSION: Requested GVWR: 19500. Cale. GVWR: 19500 Cale. Start/ Grade Ability: 44.30%/4.94% @ 55 MPH Cale. Geared Speed: 75,2 MPH DIMENSION: Wheelbase: 183.00, CA: 108.60, Axle to Frame: 49.00 ENGINE, DIESEL: (MaxxForce 7) EPA 10, 300 HP @ 2600 RPM, 660 lb-ft Torque @ 1600 RPM, 2800 RPM Governed Speed, 300 Peak HP (Max) TRANSMISSION, AUTOMATIC: {Allison 1000~RDS) 4th Generation Controls; Close Ratio, 5-Speed, With Overdrive; Includes Park Pawl, Wth PTO Provision, Less Retarder, With 19,500-lb GVW & 26,000-1b GCW Max., on/ off hwy CLUTCH: Omit Item (Clutch & Control) AXLE, FRONT NON-DRIVING: {Dana Spicer D700-N) I-Beam Type, 7,000-1b Capacity AXLE, REAR, SINGLE: {Dana SpicerS110) Single Reduction, With Offset Housing; 13,500-lb Capacity, 160 Wheel Ends Gear Ratio: 4.88 CAB: Conventional TIRE, FRONT: (2) 225170R19.5 R250F (BRIDGESTONE) 645 rev/mile, load range F, 12 ply TIRE, REAR: (4) 225/701119.5 R250F (BRIDGESTONE) 645 rev/mile, load range F, 12 ply SUSPENSION, RR, SPRING, SINGLE:Vari-Rate; 13,500-Ib Capacity PAINT: Cab schematic 100TA Location 1: 9219, Winter White (Std) Chassis schematic NIA Proposal: 4815-01 6 INTERNATIONAL" Vehicle Specifications May 04, 2011 2012 TERRASTAR SFA 4x2 (TA005) Code Description, F/R Wt Tot Wt List (Ibs) (Ibs) (USA DOLLAR) TA00500 Base Chassis, Model TERRASTAR SFA 4x2 with 183.00 468112731 7412 $42,101.00 Wheelbase, 108.60 CA, and 49.00 Axle to Frame. 1CDN FRAMs; RAILS High Strength LowAlloy Steel (80,000 PSI Yield); 42141 83 $0.00 7.375" x 3.079" x.312" (187.45mm x 78.2mm x B.Omm) With Transition to 9.925" x 3.079" x.312" (231.8mm x 78.2mm x 8Amm); Includes 1.2" (30mm) Drop Under Cab; 325.5" (8267.7mm) Maximum OAL 1LRR BUMPER, FRONT Full Wdth, Aerodynamic, Steel; 0.118" 010 0 $0.00 Material Thickness, Dark Gray 1SAL CROSSMEMBER, REAR, AF (01) 0120 20 $196.00 1 WEB WHEELBASE RANGE 128" (325cm) Through and Including 0/0 0 $0.00 183" (465cm) 2ADZ AXLE, FRONT NON-DRIVING {Dana Spicer D700-N) I-Beam 010 0 $930.00 Type, 7,000-lb Capacity 3AGN SUSPENSION, FRONT, SPRING Taper Leaf, Shackle Type; 010 0 $28.00 7,000-lb Capacity; With Shock Absorbers 4087 BRAKE SYSTEM, HYDRAULIC (TRW 355) Split System, With 010 0 $0.00 Three Channel ABS 4GAX BRAKE, PARKING (TRW) Drum-in-Hat Type; for Hydraulic 010 0 $0.00 Brake chassis; Activated by Lever in Cab; Mounted in Rear Wheels 4JNH BRAKES, FRONT, HYDRAULIC DISC {TRW)15.35" x 1.54" 010 0 $0.00 Rotors; Dual 2.36" (60mm) Diam. Pistons 4NNH BRAKES, REAR, HYDRAULIC DISC (TRW) 15.35" x 1.54" 0/0 0 $0.00 Rotors; Dual 2.36" (60mm) Diam. Pistons 5AAA STEERING COLUMN Stationary 010 0 $0.00 5CAL STEERING WHEEL 2-Spoke, 18" Diam., Black 010 0 $0.e0 5PSN STEERING GEAR (Sheppard MD83) Power 0/0 0 $0.00 7BDA EXHAUST SYSTEM Single, Horizontal, Aftertreatment Device 010 0 $0.00 Frame Mounted Right Side Back of Cab, Includes Horizontal Tail Pipe 8000 ELECTRICAL SYSTEM 12-Volt, Standard Equipment 010 0 $0.00 8518 CIGAR LIGHTER Includes Ash Cup 910 1 $18.00 8718 POWER SOURCE Cigar Type Receptacle without Plug and 110 1 $30.00 Cord BGGZ ALTERNATOR (Leece-Neville LBP2224H) Brush Type; 12 Volt 010 0 $0.00 120 Amp. Capacity, Pad Mounted 8MED BATTERY SYSTEM (International) Maintenance-Free (2) 12- 010 0 $0.00 Volt 110OCCA Total BRJV RADIO (international) AWFM Stereo With Weatherband, Clock, 3/0 3 $338.00 Auxiliary Input, Includes Multiple Speakers 2 3 ~ ~ Proposal: 4815-01 INTERNATIONAL" Vehicle Specifications May 04, 2011 2012 TERRASTAR SFA 4x2 (TA005) Code Description FIR Wt Tat Wt List (lbs) (lbs) (USA DOLLAR) 8TME TRAILER CONNECTION SOCKET 7-Way; Mounted at Rear of 017 7 $214.00 Frame, Wired for Turn Signals Independent of Stop, Compatible With Trailers That Have Amber or Side Turn Lamps 8WBW JUMP START STUD Remote Mounted 210 2 $0.00 SWWJ INDICATOR, LOW COOLANT LEVEL With Audible Alarm 110 1 $0.00 8WYD STARTING MOTOR (Delco Remy 29MT) 12 Volt; Less Thermal 010 0 $0.00 Over-Crank Protection, With Integrated Magnetic Switch 9HBZ GRILLE Molded, Dark Gray Color 010 0 $0.00 9WAY FRONT END Tilting, Fiberglass, With Three Piece Construction 010 0 $0.00 10060 PAINT SCHEMATIC, PTA Single Color, Design 100 010 0 $0.00 10761 PAINT TYPE Base Coat/Clear Coat, 1-2 Tone 010 0 $0.00 11001 CLUTCH Omit item (Clutch & Control) 010 0 $0.00 12NVE ENGINE, DIESEL (MaxxForce 7) EPA 10, 300 HP @ 2600 RPM, 010 0 $0.00 660 lb-ft Torque @ 1600 RPM, 2800 RPM Governed Speed, 300 Peak HP (Max) 12TTB FAN DRIVE (Borg-Warner Series 790) Viscous Type, Screw On 010 0 $0.00 12UBU RADIATOR Aluminum; 2-Row, Cross Flow, Side-by-Side 010 0 $0.00 System, 697 Sqin Louvered, With 225 Sqln CAC, With In-Tank Oil Cooler 12VBR AIR CLEANER With Service Protection Element 0/0 0 $0.00 12VXT THROTTLE, HAND CONTROL Engine Speed Control; 010 0 $0.00 Electronic, Stationary, Variable Speed; Mounted on Steering Wheel 12VYP ENGINE CONTROL, REMOTE MOUNTED - No Provision 0/0 0 $0.00 Furnished for Remote Mounted Engine Control 12VZD FEDERAL EMISSIONS for 2090; MaxxForce 7 Engines 010 0 $0.00 12WTA FAN DRIVE SPECIAL EFFECTS Fan Cooling Ring with Fan 141-1 13 $0.00 Shroud Effects, Engine Mounted 12WZE EMISSION COMPLIANCE Federal, Does Not Comply With 010 0 $0.00 California Glean Air Regulations 13AKX TRANSMISSION, AUTOMATIC (Allison 1000_RDS) 4th 110 1 $290.00 Generation Controls; Close Ratio, 5-Speed, With Overdrive; Includes Park Pawl, With PTO Provision, Less Retarder, With 19,500-lb GVW & 26,000-lb GCW Max., on/off hwy 13WLN TRANSMISSION OIL Synthetic; 20 thru 28 Pints 0/0 0 $0.00 13WYK SHIFT CONTROL PARAMETERS Allison Load Based Shift 010 0 $0.00 Schedules (LESS) 14ACN AXLE, REAR, SINGLE (Dana Spicer S110) Single Reduction, 010 0 $520.00 With Offset Housing; 13,500-1b Capacity, 160 Wheel Ends. Gear Ratio: 4.88 14SAC SUSPENSION, RR, SPRING, SINGLE Vari-Rate; 13,500-lb 25/94. 119 $16.00 Capacity 3 q4 z~ Proposal: 4815-01 INTERNATIONAL' Vehicle Specifications May 04, 2011 2012 TERRASTAR SFA 4x2 (TA005) Code Description FIR Wt Tot Wt List (Ibs) (Ibs) (USA DOLLAR) 15SSW FUEL TANK Top Draw; Rectangular, Steel; 40 U.S. Gal., 151 L -1170 69 $0.00 Capacity, 15" Depth, Includes Fuel Filler Assembly and Vent Hosing, Mounted Between Frame Sidemembers and Behind Rear Axle 16030 CAB Conventional 010 0 $0.00 16400 SEAT, PASSENGER Omit Item 010 0 $0.00 16HBA GAUGE CLUSTER English With English Electronic 0/0 0 $0.00 Speedometer 16HKT IP CLUSTER DISPLAY On Board Diagnostics Display of Fault 0/0 0 $0.00 Codes in Gauge Cluster 16JPU SEAT, FRONT BENCH (Gra-Magi Full Width; Vinyl, With Fixed 0/0 0 $0.00 Mid Back 16SDJ MIRRORS (2) {Lang Mekra} Rectangular, 7.44" x 14.84" & 7.44" 210 2 $22.00 sq. Convex Both Sides, 102" Inside Spacing, Breakaway Type, Black Heads, Brackets & Arms 16WCT AIR CONDITIONER {Blend-Air} With Integral Heater & Defroster 6016 66 $823.00 16WJS INSTRUMENT PANEL Center Section, Flat Panel 0/0 0 $0.00 16WLS FRESH AIR FILTER Attached to Air Intake Cover on Cowl Tray 1/0 1 $76.00 in Front of Windshield Under Hood 16WRX CAB INTERIOR TRIM Deluxe 010 0 $0,00 16XRN MODESTY PANEL Molded, Dark Gray Color 010 0 $0.00 27DAU WHEELS, FRONT DISC; 19.5' Painted Steel, 10-Stud (225mm 010 0 $0.00 BC) Hub-Piloted, Flanged Nut, MetrieMount, 6.00 DC Rims; With Steel Hubs 28DAU WHEELS, REAR DISC; 19.5" Painted Steel, 10-Stud (225mm 010 0 $0.00 BC) Hub-Piloted, Flanged Nut, Metric Mount, 6.00 DC Rims; With Steel Nubs 7709449047 (2) TIRE, FRONT 225170819.5 R25OF (BRIDGESTONE) 645 010 0 $0.00 rev/mile, load range F, 12 ply 7709449047 (4) TIRE, REAR 225170819.5 R25OF (BRIDGESTONE) 645 rev/ 010 0 $0.00 ,mile, load range F, 12 ply Total of Product Features $44,722.00 Cab schematic 100TA Location 1: 9299, Winter White (Std) Chassis schematic NIA Total Component Weight: 483312968 7801 Total List Price Including Options: $44,722,00 The weight calculations included in this proposal are an estimate of future vehicle weight. The actual weight as manufactured may be different from the estimated weight. Navistar, Inc. shall not be liable for any consequences resulting from any differences between the estimated weight of a vehicle and the actual weight. 4 q 5 Proposal: 4815-01 CONTRACT COMPARISONS FOR UTILITY EQUIPMENT Exhibit 2 DESCRIPTION BUY BOARD #358-10 James Wood Contract # Hybrid Pricing Hybrid Pricing Chevy Tahoe LS 44 PACKAGE Base Price w/ options 4X4, LS PACKAGE AUTOMATIC, TRAILER TOW PKG Subtotal by vehicle $ 49,160.00 $ 56,430.00 Discount $ (2,718.00) Qt ordered 1 1 Subtotal of cost $ 49,160.00 $ 53,712.00 Bu Board Cost per PO $ 400.00 Total of purchase $ 49,560.00 $ 53,712.00 Vendor: Caldwell Country Chevrolet James Wood Auto Park PO Box 27 Caldwell, TX 77838 Denton Tx Averyt Knap Brad Roblyer aknappccr caldwellcountiv.com bioblveia, ameswood.com 979-567-6116 940-453-4700 DESCRIPTION BUY BOARD NON GOVERNMENT Contract # #358-10 PRICING 2012 INTERNATIONAL TERRASTAR CREW CAB SVC BODY TRUCK WC 1144 Base Price $ 38,746.05 $ 40,603.50 Published Options $ 9,301.40 $ 9,301.40 Knapheide Service Body $ 9,267.00 $ 9,267.00 Buy Board Cost per PO $ 400.00 $ - Transportation $ 50.00 $ 50.00 DOT Inspection w/ Fire Ext & Flares $ 185.00 $ 185.00 Deliver per vehicle $ - Subtotal by vehicle $ 57,949.45 $ 59,406.90 Qt ordered 1 1 Subtotal of cost $ 57,949.45 $ 59,406.90 Total of purchase $ 57,949.45 $ 59,406.90 Vendor: Southwest International Trucks Southwest International Trucks of McKinney of McKinney McKinney TX McKinney TX Calvin Lewis Calvin Lewis calvin.lewisa,swit-tx.com calvin.lewisaswit-tx.com 972-542-1201 972-542-1201 DESCRIPTION BUY BOARD NON GOVERNMENT Contract # #358-10 PRICING 2012 INTERNATIONAL TERRAS TAR w/ SVC BODY TRUCK WD1136 Base Price $ 38,746.05 $ 40,603.50 Published Options $ 2,281.80 $ 2,281.80 Knapheide Service Body $ 9,267.00 $ 9,267.00 Buy Board Cost per PO $ 200.00 $ - Transportation $ 125.00 $ 125.00 DOT Inspection w/ Fire Ext & Flares $ 185.00 $ 185.00 Deliver per vehicle $ - Subtotal by vehicle $ 50,804.85 $ 52,462.30 Qt ordered 1 1 Subtotal of cost $ 50,804.85 $ 52,462.30 Total of purchase $ 50,804.85 $ 52,462.30 Vendor: Southwest International Trucks Southwest International Trucks of McKinney of McKinney McKinney TX McKinney TX Calvin Lewis Calvin Lewis calvin.lewisa,swit-tx.com calvin.lewisaswit-tx.com 972-542-1201 972-542-1201 6/2/201112:19 PM 3-BU-File 4725.XLSBB HGAC COMPARISON CONTRACT COMPARISONS FOR UTILITY EQUIPMENT Exhibit 2 DESCRIPTION HGAC BUY BOARD NON GOVERNMENT Contract # #GR01-10 #292-083 PRICING JOHN DEERE TRACTOR 5075M WP1140 Base Price $ 39,780.41 $ 40,051.12 $ 47,500.00 John Deere 563 Self Leveling Loader $ 5,591.15 $ 5,629.18 $ 6,600.00 John Deere HX15 Flex Wing Rotary Cutter 540 RPM $ 12,902.93 $ 12,990.70 $ 14,250.00 Subtotal by vehicle $ 58,274.49 $ 58,671.00 $ 68,350.00 Qt ordered 1 1 1 Subtotal of cost $ 58,274.49 $ 58,671.00 $ 68,350.00 Total of purchase $ 58,274.49 $ 58,671.00 $ 68,350.00 Expires Dec . 31, 2011 Expires May 31, 2011 Vendor: AG Power Inc AG Power Inc AG Power Inc of McKinney of McKinney of McKinney 3501 N. Central Expressway 3501 N. Central Expressway 3501 N. Central Expressway McKinney, TX 75071 McKinney, TX 75071 McKinney, TX 75071 MikeBarker MikeBarker MikeBarker mbaikeia, aa-powei.com mbaikeia, aa-powei.com mbaikeia, aa-powei.com 972-542-0301 972-542-0301 972-542-0301 DESCRIPTION BUY BOARD NON GOVERNMENT Contract # #358-10 PRICING 2012 NTERNATIONAL TERRASTAR w/ Dump Body PM1112 Base Price $ 38,746.05 $ 40,603.50 Published Options $ 2,528.30 $ 2,528.30 Knapheide Service Body $ 13,444.00 $ 13,444.00 Buy Board Cost per PO $ 400.00 $ - Transportation $ 125.00 $ 125.00 DOT Inspection w/ Fire Ext & Flares $ 185.00 $ 185.00 Deliver per vehicle $ - Subtotal by vehicle $ 55,428.35 $ 56,885.80 Qt ordered 1 1 Subtotal of cost $ 55,428.35 $ 56,885.80 Total of purchase $ 55,428.35 $ 56,885.80 DESCRIPTION BUY BOARD NON GOVERNMENT Contract # #358-10 PRICING Vendor: Southwest International Trucks Southwest International Trucks of McKinney of McKinney McKinney TX McKinney TX Calvin Lewis Calvin Lewis calvin.lewisa,swit-tx.com calvin.lewisaswit-tx.com 972-542-1201 972-542-1201 6/2/201112:19 PM 3-BU-File 4725.XLSBB HGAC COMPARISON Exhibit 3 2 3 4 5 6 7 8 9 10 DRAFT MINUTES PUBLIC UTILITIES BOARD April 11, 2011 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, April 11, 2011 at 9:02 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present 11 12 13 14 15 16 17 Absent: 18 Chair Dick Smith, Vice Chair Bill Cheek, Phil Gallivan, Barbara Russell, Bill Grubbs and Randy Robinson (Arrived at 9:11) Ex Officio Member: George Campbell, City Manager Howard Martin, ACM Utilities John Baines (excused) 19 ITEMS FOR INDIVIDUAL CONSIDERATION: 20 21 4) Consider a recommendation of an adoption of an ordinance of the City of Denton authorizing 22 the City Manager or his designee to execute a purchase order through the Buy Board 23 Cooperative Purchasing Network for the acquisition of fourteen vehicles and/or equipment 24 for various City of Denton Utility Departments by way of an inter-local agreement with the 25 City of Denton; and providing an effective date (File 4700-Purchase of Vehicles and 26 Equipment for Utility Fund Departments awarded to multiple vendors in the amount of 27 $2,168,814.40). 28 29 Board Member Russell stated that we spend so much money on vehicles. Can we not 30 stretch the time on our vehicles a little longer? Everyone is looking for money right now, 31 could we add a year or two to the amount of time we keep a vehicle? Russell was looking at 32 a Peterbilt truck that is being purchased that is a 2012 and is being delivered about July 31, 33 2011. Can we do something to make them last longer, or not buy the state of the art 34 vehicle? Kemler stated that he would talk about some of the vehicles. What staff does is look at 35 several criteria. There are established years and or miles a vehicle is used before it is looked at 36 for replacement. Once it meets the criteria, we also look at the cost of repairs of both the chassis 37 and the body and see if that vehicle is warranted in continuing it in a backup role. If the 38 maintenance is too high, we do replace them. Two of the units actually had to be towed in and 39 have not been repaired. Both have very high repair costs and met the criteria for replacement. 40 Russell then asked about the Tahoe at $49,560. Kemler stated that is a hybrid vehicle it is a 41 12 year old vehicle that is being replaced. It is a sustainable vehicle that we are using for 42 sustainable conversions. Russell went on to ask if it needs leather interior, power seats, 43 power windows ect. Kemler stated it does not, but they do not make them any other way. 44 When you order a hybrid vehicle they make them in the mid to higher trim only. Cheek then 45 questioned that the direction was to buy hybrid? Kemler agreed that the direction is to buy 46 hybrid, and many of the hybrid come in the mid to higher trim line not in the bottom. Cheek 47 then asked who gave the direction to start buying hybrid, just curious. Kemler stated that Draft Minutes of the Public Utilities Board Meeting April 11, 2011 Page 2 of 3 1 staff has been buying hybrids since 2002, and couldn't remember who gave that direction. It is 2 part of the sustainable program for alternate fuels. Cheek stated that the Board just needs to 3 know that if staff is going to buy hybrids for the city they are going to come like that, higher trim 4 line. Campbell stated he isn't sure why it is but he purchased a Prius and had to buy a higher 5 trim line for his personal vehicle. 6 7 Grubbs asked if it would be possible to add information in the back up especially for 8 replacement vehicles. What is being replaced, how old it is and how many miles. Howard 9 Martin, ACM Utilities, stated that he knows that we have brought it in the past but not sure how 10 long it has been. Across the city we have replacement criteria that we use in general, not sure if 11 everybody on the board has seen that. We can bring that back and talk about the program that 12 we have in place. The board members agreed that would be a good idea. Russell stated that if 13 we just add it to the binder it would help her. Russell stated that she has no knowledge in 14 commercial vehicles but does understand pickups and Tahoe's. It seems like there would 15 be some dealers that would make the hybrids for Cities and entities so they weren't so 16 expensive. Cheek stated that looking at some of the Peterbilt trucks there are some good 17 prices and the roller is a good price as well, he does have experience in that area. The 18 Tahoe stood out to him as well. 19 20 Cheek then talked about the buy board and how some of our local dealers do not 21 participate in the buy board, so sometimes we don't have the choice of buying local. 22 23 Grubbs asked about three refuse trucks that were on this item, are they replacements or 24 additions. Kemler stated they are actually replacements of some single axle residential tricks. 25 One of our problems in our residential cart programs tricks are becoming too heavy and have 26 been cited for excessive weight. We have had to start bringing the tricks in to dump before the 27 route is complete because of the weight. The efficiency has gone down and staff is trying to 28 bring that back up. The new tandem axle tricks will replace the single axle tricks and the single 29 axle tricks will be used in a backup role this year and next year they will be in front line service 30 for recyclables. Grubbs stated that technically we are increasing the number of vehicles but 31 in reality we just need a different piece of equipment, Kemler agreed. Gallivan stated that 32 he thought at the last meeting with the addition of two vehicles that would be enough, but 33 now looks like we need more. Kemler stated that maybe he wasn't clear enough. He will need 34 a couple more units in the 2012 budget with the assumption that solid waste would get the three 35 that is on the agenda item today. The three light weight tricks will be in the refuse area with the 36 heavier vehicles for residential solid waste pick up. 37 38 Chair Smith asked what do you do with the vehicles that are being replaced. Kemler stated 39 that frequently they are sold. The method they are sold is an on-line auction comparable to e- 40 bay. Kemler stated that he expects to get about $5,000 each for the tricks that had to be towed 41 in. The container trick that is 16 years old we may get $2,500 to $3,000. Occasionally we can 42 change the tricks out by putting a dump trick bed on them to get a second life. Smith then 43 asked about the comment where it says that solid waste has rented a compactor for 9 44 months. In the future Smith would like more information in the write ups, for instance the 45 first question that will come from that comment is how much does it cost to rent the Draft Minutes of the Public Utilities Board Meeting April 11, 2011 Page 3 of 3 1 2 4 5 6 7 8 9 10 11 12 compactor rather than buy it. Kemler stated it has been 14 months now; the amount we have paid to rent is $33, 307. The purchase price is $83,391.40. Gallivan stated that we are adding about 5 or 6 vehicles to our fleet in recycles and refuse as a result of the expiration of the contract with the current company. Kemler agreed. Martin stated that in the future we would have the replacement schedule with the replacement equipment when it is brought forward to the Board. Board Member Grubbs moved to approve item 4 with a second from Board Member Cheek. The motion was approved by a 6-0 vote. Adj ourned at 11:00am Exhibit 3 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 May 23, 2011 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, May 23, 2011 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: Chair Dick Smith, Vice Chair Bill Cheek, Phil Gallivan, Barbara Russell, Bill 11 Grubbs, and Randy Robinson (departed at 10:00) 12 13 Absent: John Baines 14 15 Ex Officio Member: 16 George Campbell, City Manager 17 Howard Martin, ACM Utilities 18 19 OPEN MEETING: 20 21 1) Consider a recommendation of an adoption of an ordinance of the City of Denton authorizing 22 the City Manager or his designee to execute purchase orders through the Houston Galveston 23 Area Council of Governments Buy Board, Texas State Buy Board Cooperative Purchasing 24 Network for the acquisition of four vehicles and/or equipment for various City of Denton 25 Utility Departments by way of an inter-local agreement with the City of Denton; and 26 providing an effective date (File 4725-Purchase of Vehicles and Equipment for Utility Fund 27 Departments awarded to two vendors in the amount of $203,005). 28 29 Item 41 was pulled from the Consent Agenda and placed on Items for Individual Consideration. 30 Howard Martin explained that there are four pieces of equipment on this agenda item. The first 31 item is a flex fuel SUV that will replace the hybrid SUV that was passed by the Board on April 32 11, 2011. At that meeting there were questions regarding the price and trim package on that 33 SUV. Martin explained if the Board approves this flex fuel SUV, then the hybrid vehicle will 34 not be purchased. The hybrid that was approved last meeting was $49,560 in cost; the 35 replacement is being brought back for an option. The primary issue is when you compare the 36 two vehicles; there is about $6,700 in trim package that you have to purchase with a hybrid. The 37 difference in price is $35,900 and $49,560. When you compare the two and compare gas 38 mileage for both vehicles at the low end of the fuel mileage you are able to pay for that 39 difference in cost in roughly 4-5 years based on 15,000 miles a year. The flex fuel vehicle 40 meets the clean air ordinance as well as the hybrid vehicle that the City currently has in place. 41 When you look at any hybrid compared to any flex fuel vehicle it will depend on how the vehicle 42 is used if it falls in the vehicle replacement criteria or not. The landfill mileage will be at the 43 lower end, and would fall within the vehicle replacement criteria policy. Martin explained the 44 option is the Boards. 45 46 Russell stated that she appreciates that and would like to go with the lesser expensive 47 vehicle. She then asked what the LS package is on the vehicle. Martin answered that it is the Draft Minutes of the Public Utilities Board Meeting May 23, 2011 Page 2 of 3 1 lowest trim package available for this vehicle. Russell stated that remote start seemed a little 2 too much. Martin asked Mike Ellis, Fleet Superintendent, if you could order a vehicle without 3 the remote start. Ellis stated that you will see if you start taking off options that are standard it 4 will cost more because they have to single the vehicle out coming down the line. 5 6 Cheek asked where or is there a directive to purchase hybrids. Martin stated that the 7 directive was more in the Clean Air Ordinance, but there are several ways to meet that ordinance. 8 You can accomplish that with flex fuel vehicles or hybrids or other alternate fuel capability 9 vehicles. 10 11 Grubbs stated that the vehicle that is being replaced is 12 years old. What is the projection 12 of the maintenance that would be needed for the hybrid? Martin stated that he didn't know 13 they are fairly new to our fleet. Ellis stated that we do not have any that are 12 years old. 14 Normally it is an 8 year replacement on the battery, and they are fairly expensive. Vance 15 Kemler, General Manager Solid Waste, stated that they have (2) 2002 hybrids they are 10 years 16 old and the batteries are fine. We have done minimal maintenance on those vehicles. Grubbs 17 then asked what flex fuel means. Ellis stated that means it is E85 which means 15% unleaded 18 and 85% ethanol. It gives you the ability to use both types of fuel. 19 20 Robinson stated that the replacement has been in service for 12 years and anticipate 10 21 years for this vehicle? Kemler stated easily 8 years probably 12 years. Robinson clarified 22 that the cost recovery is 4-5 years. Martin stated that vehicle to vehicle the differential on cost 23 using 15,000 miles a year and $3.50 gas, you can recover in about 4.5 to 5 years. Martin stated 24 that just looks at the differential in cost. There is about 2.1-2.4 emission tons per year rate 25 difference between the vehicles, that is not putting any cost value on the emissions. 26 27 Robinson stated that he believes any time the City can send the signal and set an example 28 of hybrid technology in the community it is good. Robinson loves seeing a DME or a City 29 of Denton truck with a hybrid sticker, it is the right message falls in with everything that 30 we are doing with wind power and recovering methane gas at the landfill. 31 32 Smith stated that if this item is approved, we would be going to the flex fuel vehicle. If it is 33 not approved, staff will be staying with the hybrid. 34 35 Smith asked for a motion. Grubbs moved and Gallivan seconded. Smith then clarified the 36 motion. Grubbs answered to accept the flex fuel vehicle. Smith then called for a vote. The 37 vote was 3 for and 3 against. Martin asked legal council how to proceed. John Knight, Deputy 38 City Attorney, stated that he believes that on a tie, it fails but will go check and return. 39 40 Smith went back to item #1 to check on the vote and asked Russell which vehicle she voted 41 for and she stated the hybrid. 42 43 Russell then wanted to clarify her understanding. The hybrid would cost more initially but 44 the difference would be made up in 4-5 years and then the hybrid would be less expensive 45 to operate. Martin stated that is correct. Gallivan then asked Martin that when he spent 46 time in prefacing this piece of equipment was that given the use of this vehicle as opposed Draft Minutes of the Public Utilities Board Meeting May 23, 2011 Page 3 of 3 1 to a vehicle that would have more highway miles the advantage is not there. Martin stated it 2 is opposite. If you are on the lower end of the fuel economy that is where the hybrid gives the 3 best payback. If this vehicle was 100% highway miles, then it would be 14-15 years payback. 4 Gallivan stated it was reverse than what he was thinking. Then asked if the vote fails 5 which it did, then it would go with the hybrid vehicle. Cheek then brought up that there 6 are more pieces of equipment on item #1 than the SUV there are three other pieces. Martin 7 stated that if the Board would like to vote on the other three pieces of equipment then it would be 8 clear. 9 10 Campbell asked John Knight if the motion fails if the vote is tied at 3-3. Knight stated that once 11 the motion is made it requires a majority of the vote, anything less or a tie, it does fail. There are 12 two options, one is to do nothing, and the next is to make a motion to reconsider. Cheek asked 13 if the Board can come up with their own motion regarding that item to eliminate an item. 14 Knight stated that once you get back to that item to reconsider you can. 15 16 Russell made the motion to reconsider item #1. Gallivan seconded that motion. The vote 17 reconsider was 5-0 (Robinson had left the meeting at this time). 18 19 Smith asked why the three additional pieces of equipment was on this item. Martin 20 answered that we do not bring all of the equipment forward at one time. Fleet processes all of 21 the equipment across the city. 22 23 Smith asked to reconsider item #1. Cheek stated he would like to amend the item to 24 remove the first piece of equipment (SUV) for consideration of approval. Russell seconded 25 the amendment. Smith stated that there has been a motion and seconded to approve item 26 #1 with the exception of the SUV that piece would be eliminated from this vote. The Board 27 is approving items 2, 3 and 4 on the consent agenda item 1. Vote 5-0 approved. 28 29 Adjourned at 11:30am ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE HOUSTON GALVESTON AREA COUNCIL OF GOVERNMENTS AND BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF FIVE VEHICLES AND/OR EQUIPMENT ITEMS FOR VARIOUS CITY OF DENTON DEPARTMENTS BY WAY OF INTERLOCAL AGREEMENTS WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 4725- PURCHASE OF VEHICLES AND EQUIPMENT FOR CITY OF DENTON AWARDED TO MULTIPLE VENDORS IN THE AMOUNT OF $272,019). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Houston-Galveston Area Council of Government (H-GAC) and Buy Board Cooperative Purchasing Network programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered file for materials, equipment, supplies, or services, are hereby approved. ITEM NUMBER VENDOR AMOUNT 1 Caldwell Chevrolet $ 49,560 2, 3, 5 Southwest International $ 164,184 4 AG-Power Inc $ 58,275 Total for Vehicles/Equipment $ 272,019 SECTION By the acceptance and approval of the above numbered items set forth in the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC or Buy Board for such iteins and agrees to purchase the inaterials, equipinent, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the above listed agencies, and the purchase orders issued by the City. SECTION 3. Should the City and persons subinitting approved and accepted iteins set forth in the SECTION 1, wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by H-GAC or Buy Board, the City Manager or lus designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to H-GAC or Buy Board, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enuinerated iteins, the City Council hereby authorizes the eYpenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2011. MARIL A. BLJRROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ~ BY: 3-URD-File 472S AGENDA INFORMATION SHEET AGENDA DATE: June 7, 2011 DEPARTMENT: ACM: Materials Management Jon Fortune ~ SUBJECT Questions concernin~ this acquisition may be directed to Milce Ellis at 349-8424 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or lus designee to eYecute a purchase order through the Houston Galveston Area Council of Governments and Buy Board Cooperative Purchasing Network for the acquisition of five vehicles and/or equipinent iteins for various City of Denton Departinents by way of Interlocal Agreements with the City of Denton; and providing an effective date (File 47?5- Purchase of Velucles and Equipment for City of Denton awarded to multiple vendors in the amount of $272,019). The Public Utilities Board recommends approval (5-0). FILE INFORMATION The items listed below reflect replacements of vehicles and/or heavy equipment for the Solid Waste, Wastewater (Collections), Water (Distribution/Production) and Parlcs Departinents. These purchases were outlined in the Fiscal Year 2010-11 Velucle Replacement Plan with the age of the velucles/equipment varying from 9 to ?3 years. Item Descriation Price (Ea) Deaartment Contract# 1 Hybrid Sports Utility Velucle $ 49,560 Solid Waste 13134358-10 ? Crew Cab Service Body Tniclc $ 57,950 WWtr Collections 13134358-10 3 Service Body Tniclc $ 50,805 Wtr Distribution 13134358-10 4 Tractor & Attachinents $ 58,275 Wtr Production HGAC 5 Tniclc w/Dump Body $ 55.422 9 Parlcs Maintenance 13134358-10 Total $272,019 Cooperative agreement handling fees and service manuals are estimated at $1,000 and may vary depending upon the number of purchase orders issued and service manuals required. All of the tnicks are powered by diesel engines with Low Emission Velucle (LEV) ratings that meet or exceed Environinental Protection Agency (EPA) Standards. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The City Council approved the replacement schedule for these tnicks in the Fiscal Year 2010- 2011 Bud~et. At its April 11, 2011 meetin~ the Public Utilities Board recommended approval to forward the purchase for Item 1, the Hybrid Sports Utility Velucle to City Council, by a vote of 6-0 (EYlubit 3). At its May 23, 2011 meeting the Public Utilities Board recommended approval to forward the purchases for the Utility vehicles and equipinent listed as Iteins 2, 3, and 4 to the City Council for consideration by a vote of 5-0. Agenda Inforination Sheet June 7, 20 11 Page ? RECOMMENDATION Award the purchase of Solid Waste, Utility and Parks Department vehicles and equipment through the Houston Galveston Area Council of Governinents and Buy Board Cooperative Purchasing liiterlocal Agreement contracts to the vendors listed below for a total award amount of $?7?,019. ITEM NLJIVIBER VENDOR 1 Caldwell Chevrolet 2, 5 Southwest International 4 AG-Power Inc Total for Velucles/Equipment PRINCIPAL PLACE OF BUSINESS Caldwell Country Southwest liiternational Caldwell, TX McILinney, TX ESTIMATED SCHEDULE OF PROJECT AMOUNT $ 49,560 $ 164,184 $ 58.275 $ ?7?,019 AG-Power Inc McILinney, TX The purchase and delivery of velucles, tniclcs and equipment will occur witlun 180 days of purchase order issuance. FISCAL INFORMATION These items will be funded from the Fiscal Year 20 10-11 Certificate of Obligation Bonds with the following account nuinbers: Account# 6600415 92.1315530100 645009645.135530100 6350223635.1355.30100 63 5 02263 5.1315530100 8100 73 462 .1315530100 Reauisition# Dollar Amount 103014 $ 49,560.00 1030422 $ 57,950.00 1030422 $ 50,805.00 103041 $ 58,275.00 103044 $ 55.429.00 Total EYpenditure $ 272,019.00 Agenda Inforination Sheet June 7, 20 11 Page 3 EYHIBITS Exhibit 1: Price Quotes EYlubit Price Comparison EYlubit 3: Public Utilities Board Minutes Respectfully submitted: Cik -1, Antoiuo Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-Filz 472 ~ Exhibit I Itern 1 QUOTE# OOIA CONTRACT PRTCxNG WORKSHEET ~End User: CITY OF DENTdN Contractor: CALDWELI, COUNTR' I Contact Name: MIKE ELLIS I CALDWELI, CQUN`I`RY f IEmai1: MIKE.ELLIS@CITYOFtIENTON.COM I Prepared By: Avery't Knapp IPhone 940--349-8410 Emai1: aknapp@caldwellcountry.com Fax 940°349-8492 Phone 800-299-7283 or 979-- 567-6115 Location City & State: DENTON, TX E`ax 979-567--0853 1 Date Pr$pared: MARCH 25,__20_11._ Address: P. O. Box 27, ~ . - - - Caldwell, TX 77836 I Contract Number:~ BUY BOARU #358-101 I Tax Il3 # 14-1856872 ~ ( Froduct Description: 203.7. CF€EVROLET TAHOE 4X4 HYBRIA GK1070E ~ _ ( A Base Price & Opti.ons: . J$49,160 B Published Optians ~ Code Descri.pta.on k Cost ~ Code ~ Descripti.on Cost HYBRIA, 43{4, 6.OF,V8- I1dCL, LIVC r HYBItTD POWER FFJOW BTSl'LAY W/NAVTGATSON' k'EJLL 31ZE SFARE TIRE & WHEEI,, LEATI-IER INTERIOR, PO'F7ER SEAT, POYER WINDQWS, POY7ER LOCKS, POWER MIRRORS, DEEP '.C'INT GLASS, RUNNING ' SOP.RDS r FUi,L BUCISE`T' SEAT8/CONSOF,E, SPLIT CENTER/REAR BENCH ( CAI,fSWELL CQUATTRY I ~ IPQ BOX 27 jCALDGELL,TEXAS 77836 I ~ ' I TITCL SuY>total B , - - - - : ~ C Unpub.lzshed Opta.ons ICode Aesaription 1Cost ~Code I Deseription ICost 1 ~ ~ 1 I ~ i g~~1~_ I I 3.5.~ 4~3(J'. X,.f , . . ~7 ~ I ~ I I ~ ~ ~ I I Subtot al C I I D Other Price Adjuatments (Tnstal.lat9.an, Delivery, Etc ~ INCL Subtotal f) _ _ : ; . ~ E Unit Cost Be£ore F'ee & N4n-Equipment Charges (A+B+C+D) 1$49,160 Quantaty Ordered 1 , x I ~ $49,160 . Subtotal E ~ E Non-Equipment Chaxges (Trade-In, Warranty, Etc...} ~ 13UX BOP.RD I $460 f ~ IG. Color of Vehicle: Wfi2TE I H. , - = _ Total Purchase Price (~+F) J$49,560 ~ Estimated De3.ivery 60-39 DAYS APpX Date. ~ r`~ Item 2 Texas Local Governmen# Purchasimg Cooperafive ~ ` PRIcfNG waaKSyEEr - - Buying Agency: Cify af bentan IE3ate Prepared 51212071 5outhwest International Trucks Confract # 358-10 Product i7escriAtion; 2092 International TerraStar with service body Contacf Person: iIfem: Base Chassis Bid 38,746.60 B: Options Option cost is 80% of MSRP iVlaterial surcharge f E 300.001 1 I 79,500 GVWR lInciuded ~ ~ r8ar crossmember ~ 98.60 ~ 7000# front axle N 110.50 7000# ftront springs ~ 23.80 Gigar Iiter ~ 15.301 1 Power souree f 25.861 1 I AM Ffl1E stereo radio ~ 287.301 i j 13,500# rear axle ~ 442.001 1 i 43,500 rear,sprtngs ~ 98.601, 1 • ~ L&R convex mirrors ~ 18.701 1 j Air conditioner ~ 599.551 ~ Fresh air filter for alc ~ 64.60 ~ 7 way pEug trailer hrake wlring ~ 482,00 ~ I I I f I I i ubfotal Column 1: I I I I ! I I I I $ 2,289.80 JSub#otal Column 2: i I ~ 1 $0,00 Tofa[ Options $ 2,281.80 CHASSIS W1TH FACTORY pPTiONS ~ $ 41,028.30 TOTAL BODY PRICE Sea aftached bociy spec sheet [ I Knapheide Service body $9,267.08 Additional Optfons: Buy goard Fee I I$400 iee split behveen lwo trucks 1 200.00 Transportation I I I I I I l 125.00 DO7lnspection wlth Flre Extfnguisher and Road Flare Kit 185,00 f TOTAI. BUY BOARD PR1CE $50,805.30 Ca1vin Lewis Southwest International 3'rucks-Mckinney IVIckinney, Texas, 75070 Fax# 972-542-5250 Office# 872-542-1201 E-maif Address: calvin.Iewis@swit-tx,com To purchase this unit, p[ease issue a purchase order to the Buy Board; khe Buy Boarci will notify Soufhwest International of yoerr purchase order. We vvlll arder the truck and body when we receive the purchase order from the buy Boarcf. ThanEc you, Cafvin Lewis 519120177:28 AM ~ 4 -~>5Z)a3(o 36 ti a A rc~ y 0>1I3~ INTERNATIi3IVAV Prepared Por; Cii-Y OF dENTON Mike Efiis 901 B i'EXAS 5T. DENTON, TX 76209- (94E3)399 - 7100 ReferencelD: NIA INay 04, 2011 Presenfed 8y: SOUTHWEST ENTL TRlCS INC 7om E Cfaiborne 2401 E P[ONEER P1CWY ARLlNGTON TX 76090 - (817)461-2939 Thank you For fhe opporfunity to pravide you wi#h the foilowing quotation on a new lniernetional truck. I am sure the folfawing defailed specif€cation will meef your operational requiremen#s, and E look farward to secving your business neads. - TS3. Fa " - Model Profile 2092 TERRASTAR SFA 4x2 (TAUQ5) APPE.ECATiON: Service 6otiy MISSION: Requestec4 GVWR: 19500. Ca1c. GWVF2: 19500 Calc. Start! Grade Abilify: 44.30%l4.94% @ 55 Iv1PH Calc. Geared Speed: 75,2 €UIPH DIMENS[ON: tNheelbase: 158.00, CA: 8160, /xle to Frame: 43.00 ENGINE, DIESEL: {N1axcForce 7} EFA 10, 300 HP @ 2600 RPM, 660 lb-ft 7orque @'1640 RPNi, 2800 RPM Governed 5peed, 300 Peak Hp (Max) TRAiV3NIlSS10N, AIJ70N1A7lC: {AAison 1000 _HS} 4th Generation Controfs; Cfose Ratio, 5-Speed, With Overdrive; Less PTO Provisian, Ineludes Park Pawl, Less Retarder, With 19,500-lb GVW & 26,000-lb GCW Max. CLUTCH: Omit Item (Clutch & Confrol) AXLE, FRONT NON-bFtiVING: {Dana Spicer D70E3-iV} I-Beam Type, 73000-Ib Capacity RXLE, REAR, SINGl.E: {Rana Spicer S110} Single Reduction, With Offsef Housing; 'f 3,50Q-lb Capacity, 160 Wheei Ends Gear Raiio: 4.88 CAB: Conventional TtRE, FRONT; (2) 22517QR19.5 R250F (BRIDGESTQNE) 645 revIrnile, load range F, 12 p!y TIRE, REAR: (4) 225CI0R19.5 R250F (BFtfDGESTONE) 645 reulmile, load range F, 12 ply SEJSPENSfON, RR, SPRING, SiNG[.E.Vari-Rafe; 13,500-1b Capacify PAiNT. Cab schematic 90€3TA Location f: 9219, Winter Whife (5fd) Chassis schematic N!A Proposa[: 4814-01 O~~ v ~ b~-t) ((3~ I NTERNATI DNAV Vehicle Soecificatlons May 04, 2011 2012 TERRASTAR 5FA 4x2 (TA005) Code DescrEntion F1R Wf Tof Wt List (Ibs) (!bs) (USA ROLLAR) TA00500 8ase Chassis, Model T£RRASTAR SFA 42 with 158.00 4681/2737 7412 $42,101.00 tNheefbase, 83.60 CA, and 49.00 Axfe fo Frame. 1 CDN FRAME FtAILS High Strengfh LowAlfoyStesl (80,000 PSl Yield); E710 0 $0.00 7.375" x 3.079" x.312" 0 87,45mro x 78.2mm x B.Ornm} Wth Transi#ion to 8. 125" x 3.079" x.312" (231.8mm x 78.2mm x 8Amm);lncfudes 1.2" (30mm) Drop Under Cab; 325.5" (8267.7mm) €Naximum ORL 9LRR BUMPER, FRONT Full Width, Aerodynamic, Sfeel; 0.978" OIQ 0 $0.0E3 Materia! Thickness, Daric Gray 15AL CROSSMEMBER, REAR, AF (07) 0120 20 $118.00 IWEB WMEELSASE RANGE 128" (325cm) 7hrough and Including 0!0 6 $0,00 183" (485cm) 2A€3z AXLE, FftONT NON-DRIVING ([]ana Spicer D700-N) I-Beam 010 ' D $130.00 Type, 7,000-Ib Capaciry 3AGN SUSPENSfON, FRONT, SPRING Taper Lesf, Shackle Type; 47a 0 $28.00 7,000-]b Capacity; Wi#h Shock Absorbers 4087 BRAKE SYSTEM, HYDRAULfC {Tf2W 355} 5plit Systam, With 010 0 $0.00 Three Channef ABS 4GAX BRRKE, PARli{NG {TRW) Dtum-in-Hat Type; for Hydraulic 01€3 0 $0.00 Brake cltassis; Actfvaied by Lever fn Cab; Mounted in Rear Wtseels 4.lNH BRAKES, FRONT, Hl'DRAUI.IC DESC {TRUi{} 15.36" x'f.54" 0/0 0 $0.00 Rotors; Dual 2.36" (&Omrn) Diarrr. Pistons 9NNH 8RAICES, REAR, HYDRRUI.IC D1SC (TRW) 15.35" x 1.54" OID D $0.0€1 Ftoiors; Dual 2.36" (60mm) Diam. Fistons 6AAA STEERING COtUMN Stationary 014 Q $0.00 SCRL STEER(NG WFEEE€. 2-Spoke, 18" Diam., Slack OIQ 0 $0.00 SPSN STEERING GEAR {Sheppard MD83} Power 010 0 $0.00 7BDA EXHALIST SYS7EM Single, Harizontal, Aftertreatmen# Device 010 E7 $0.00 FEame Mounted Right Side Back o€ Cab, tnGucies Horizontal Tail Pipe 8000 ELECTRICAL SYSTEM 12-Volt, StaRdard Equipment 010 0 $0.00 8598 CIGAR LIGHTER Includes Ash Cup '{IO 1 $98•00 8718 POVI7ER SOURCE Cigar Type Receptacle without Plug and 110 1 $30.00 Cord 8GGZ AL7ERNRTOR {Leece-Nevilfe LBP2224H} Brush 7ype, 12 Volt OJO 0 $0.04 120 Amp. Gapacity, Pad Mounted 8MED BATTERY 5Y5TEM (IRtarnafiflnal) Maintenance-Free (2) 32- 0/0 a $0,00 Volf 1'f00CCR 7atal BRJV RA010 {fniernationaE}RMiFNk Stereo Wifh Weaiherband, CEock, 211 3 $338.00 Auxifiary lnput, Includes Muliipfe Speakers 2 Proposa[: 4814-01 25 4 _-s o Dtf31~ IrarERNArrarvAr." Vehicle Soeclfications ' 2012 TERRASTAR 5FA 4x2 (TAU05) May 04, 209'P Code Descrfntion F1i2 Wt 7ot Wt List (Ibs) (lbs) (USA DOLtAR) BTME TRAILER CONNECTION SOCKET 7-Way; IU€otiRfed at Rear o€ 017 7 $214.00 Frame, Wired for Turn Signais Indapendent o#'Stap, Campatibie WithTraifers 7'hat Have Arnber or Side Tum Lamps 8WBW ,fUMP SFART STUD Remote Mounted 2!0 2 M00 8WWJ INI7ICATOR, LOW COOLANT LEVEL With Audible Rlarm 1/0 1 $0.00 8WYD STARTING MOTdR {Delco Remy 29MT) 12 Volt; Less Thermal O/D 0 $0.00 Over-Crank Profecfion, WifFi ]ntegrated Magnefic 5witch 9HBZ GRILLE Molded, Dark Gray Color 010 Q $OAO 9WAY FRONT END Tilting, FibergFass, Wifh Three Piace Construciion 010 0 $0.00 10060 PRW7 SCHEMA`fiC, PT-1 Single Coior, Design 100 0/0 0 $0.00 10761 PAINT TYPE Base Coak/C1ear Coat, 1-2 Tone 0/0 0 $0.00 11009 CLUTCH Ornif !#em (Clufch & Contro]) O/a 0 $0.00 12NVE ENGINE, DIESEL {MaxxForce 7} EPA 10, 300 HP @2&OORP€vl, 010 0 $0.00 6601b-ft Torque @ 1640 FtPM, 2800 RPN€ Gaverned Speed, 300 Peak HP (Max) 12TTB FAN QRIVE (Sorg-Warner Series 790) Viscous Type, Screw On {}l0 d $0.00 12UBU RADIA7QR Aluminum; 2-ftow, Crass Fiow, Side-by-Side D/O D $OAO System, 697 5qfn Louvered, With 225 Sqln CAC, w1h In-Tank Oif Cooler 92VBR AIR CLERNER With Service Protection Edement 0/0 0 $O.ESfl 12VXT THROTfLE, FEAND CONTROZ Engina Speed Controi; O10 0 $0.00 Eleefronic, 5tationary, Variable Speed; Mounted on 5teering UVheef 12VYP ENGINE CONTROL, REMOTE MOUNTED - No Provision 0I0 €l $6.00 Fumished for Remote Mounted Engine Control 12VZD FEDERAL EM155IONS #or 2010; MaxocForce 7 Enginas 010 0 $0,04 12WTA FAN DRIVE SPEClAL EFFECT'S Fan Cooling Ring with Fan 151-2 13 $0.00 Shroud Effecfs, Engine Mounted 12UVZE EMISSbN COMPLIANCE Federaf, Does Not Comply With 0l0 0 $Q.iIQ California Glean Air Regu{ations • • T14ANSMi55IQN, AUTdMAT1C {ANson 1000_HS} 41h 0I0 Q $0.00 Generation Contrafs; Close Ratio, 5-Speed, Wifh Overdrive; Less PTO Prornsion, Includes Park Paw[, l.ess Re#arder, With 19,500-Ib GVW & 26,000-Ib GCW Max. 13WLN TFtANSM[SSION Olt Synthetic, 20 ihru 28 Pints 010 0 $0.00 93WYK SH1FT CONTROL PARAMETERS AllESOn Load Bassd Shift 010 0 $0.00 Schedules (LBSS) 14ACN AXE.E, REAR, 51NGLE {Dana Spicer Sl 10} Sirsgle Reduetion, 010 0 $520.00 W[fh E3ffset Hous9ng; 13,500-ib Capaeity, 160 Wheel Ends, Gear Ratio: 4.88 14SAC SUSPENSiOfV, RR, SPRING, SINGLE Vari-Rate; 93,500-Ib 30I89 199 $96.00 Capacity 3 Propasal: 4894-07 q at 5 INTERNATIOMAI" Vehic[e Specificafions May 04, 2019 2042 TERRASTAR SFA 4x2 (rA005) Gade qescriQtiort F'IR Wf Tot Wt Lisf (ibs) (!bs) (USA [3aLLAR) 15SSW FUEL 7ANK Top Draw; Rectangufar, 5teel, 40 U,S, Gal., 151 L -13I82 69 $0.00 Capacity, 15" Depth, lne(udes Fuel Filier Assem6fy and Venf Nosing, Mounted Be[ween Frame Sldemsmbers and Behind Rear.4xle 46030 CAB Cpnventional 010 0 $0,00 16400 SEAT, PASSENGER flrnit Item 010 0 $0,00 16HBA GAUGE CLllSTER Engfish With Eng€ish Eiectrflnic 010 0 $0.00 Speedometer 16HKT !P CLUSTER DISPLAY On Board Diagnostics pisplay of Fauit Q/O 0 $0.00 Codes fn Geuge Cfuster I6JPiJ SEAT, FRONT BENCH {Gra-Mag} Fulf Wrdth; Viny{, Wifh fixed ' 0l0 0 $0.00 Mid 8ack 36St3J MIRRORS (2) {l.ang Mekra} Rec3angular, 7.44"x 14.84" & 7.44" 210 2 $2100 sq. Convex Bolh Sides, 102" Inside Spaeing, Breakatvay 7ype, Bfack Heads, BrackeEs & Arms 'f 6WCT AIR CONi71TEOiVER {Blend-Atr} Witf7 Infegrai Heater & Defroster 5917 66 $823.00 96WJS IRfS7RllMENT PANEL Center Section, Flaf Pane! 0I0 Q $0.00 16WLS FRESFi AfR FtLTEfZ Rttached to Air Infalce Cover an Cawl Tray 'EIO 1 $76.00 in Frant ot Windshisld CJrtder Hflod i 6WRX CAB INTERIOR 7R1M beluxe 0!0 0 $4.00 16XRN M4DESTY PANEL Mofded, Dark Gray Color 0!0 fJ $OAa 27DRU 1NHEELS, FRONT DISC; 19.5" Painted Sieel, 90-5fud (225mm 010 6 $0,00 BC) Hub-Pilofed, Flangecf Nut, MefricMount, 6.00 DC Rims; Wi€h Steel Hubs 28DAtJ WHEELS, REAR DISC; 13.5" Painted SEeef, 10-5#ud (225mm 016 0 $0.{3D BC) Hub-Piiofecf, Flanged Nut, Mefric Mount, 6.00 bC Rims; With Steel Nubs 7708449047 (2) TIRE, FRON7 225170R'i9.5 R25f3F (BRIDGESTONE) 645 010 0 $0.00 revlmife, toad range F, 12 p{y 7709449047 (4) T[RE, RE4R225I70R19.5 R250F (SRIOGESTdNE) 645 revf (310 0 $0.00 mile, load range F, 12 pfy, , , Totai af Product Features $44,432.00 , ~ Cab schernatic 'f OOTA Loeation 1: 9219, Wrnter White (Sfd) ~ Chassis schemafic NlA Total Camponent Wefghf: 478212935 7797 Tofal L1st Price lncluding aptians: $44,432,00 The weight cafculations ineluded in this proposal a€e an estimefe of €uture vehicle weight. 7he actuaf weighf as manufacfured may 1oe di€ferent from the estimated weighf. Navistar, fnc. shafl not he liable #or any consequences rasulting from any difFerences befween fhe estimated weight of a vehicle and the actual weight. 4 Proposal; 4814-01 q s Item 3 Texas Locat Government Purchasing Cooperative ~ C PR1CING WORKSHEET ' Buying Agency; city of Denton IDate PreparecE 51412014 ' Soufhwest International Trucks Contraet # 358-10 Product pescription: 2012 Internafional TerraStar Crew Cab service body truc[c Contact Person: llfem: 8ase Chassis Bid 38,746.50 B: Options Op#fon cost is 80% of MSRP Materlal surcharge 300.901 ~ N Rear crossmember j 98.80( WEteelbase ~ 232.901 I . 7000# front axle N 114.5Ql I 7000# front springs N 23,601 M N Air cornpressor 1 679.501 1 N e]gar IE#er 95.301 j ~ Powsr source on dash 25•501 1 I AM FM radio N 287,301 1 . 7Way trai[er connecfion • ~ 182.001 1 • 93,500# rear axle I 442.001 1 N 13,500 rearsprings ~ 73.601 ~ N 4 door crew cab M 5,287.851 [Air ride driver seaf M 98.601 air ride passenger seat N 429.601 1 vinyt bench seat in rear I 307.701 1 M L&R convex rnirrors ~ 78.701 1 N air eonciitioner N 699.551 I fresh air fil#er ln cowf N 54.641 I ~ 1 ~ N Suhtotal CoEurnn 1: a 9,301.40 iSubfota[ Column 2: ~ $0.00 ~rotat options ~ ~ I I I i I I $ 9,301.40 ~ C}fASSIS WITH FAC'FORY UPT[ONS $ 48,047.90 ~ 703"AL BQDY PR1CE See attacited body spec sheet I , ~ Knapheide service body $9,267.00 AddEtional Opfions: Buy Bosrd Fee 400.00 ~ 7ransportatton I I I~I 1 I 50,00 D07 Inspecfian with Fire Ext€nguisher and Raad FEare Kit 3$5•00 f TOTAL BUY SbAfZD PRICE $57,949.90 Calvln Lewis Southwest lnternational 7rucks lillckirtney Mcfcinney, , 7exas, 75070 Fax# 972-541-5250 Office# 972-542-4201 E-maif Address: catvin.lewis@swit-tx.com To purchase fhis unit, please Essue a purchase order to the Buy Board; the Buy Board wifl notify 5outhwesf lnternat€onal o€ your purchase order. We wil[ arrier the truck and body when we receive the purchase order from the buy Board, Than[c you, Calvin l.ewis , r 519I20117:27 AM / ~ 6 V~ 1~~~ 5 ~P I NTERNATICINAL" Prepared For: ciTr oF nENToN Mike Ellis 901 B 7EXAS ST. DENTON, TX 76249- {940}349 - 7100 Reference ID: N!A May 04, 261'E Presented By: sourHwEsT INTL rRKs INc Tom E Claiborne 2401 E €'IONEE{2 PKWY ARLINGTON TX 76010 - (817)461-2931 Thank you for the opportunity fo provide you wiih #he foflowing quotation on a new internationaE truck. ! am sure the €ollowing detailed speci€ieation wilf ineef your aperatianal reqtairements, and t(ao€c forward #o serving your business needs. _4A.~~~~~~ , ~ Modef Profile 2072 TEFtt2ASTAFt 5FA 4x2 (TAOD5) APPl.ECATEON: Serviee Body MISSiON: Requested GVWR: 99500. Calc. CVWR: 13500 Cale. Sta€f / Grade Abifity: 44.34% 14.94% @ 56 MPH Calc. Geared Speeci: 75.2 MPH DIMENStON: Wheelbase: 203.00, CR: 84.70, Ax[e to Frame: 83.00 ENGWE, DIESEt„ (MaxocForce 7) EPA'E0, 300 HP @ 2500 RPM, 860 fb-{f `forc{ue @160fl RPM, 2800 RP€vt Governed Speed, 300 Pea1c HP (Max) TRANSMIS510N, AUTOMATIC: (Al[ison 1000 - HS} 4th Generafion Confrofs; Close Ra#io, 5-Speed, With Overdrive; Eess PTO Provision, fncludes Park Pawl, l.ess Retarder, Wth 1 9,500-Ib GWV & 26,000-Ib GCW €vlax, CLl1TGN: bmit ltem (Clutch & Control) AXLE, FR4NT NON-bRlVfNG: ' (Dana Splcar D700-N) I-$eam Type, 7,000-Ib Capacity AXLE, REAFt, SiNG[.E: (Dana Spicer S110) Single Reduction, With C3t#set Housing; 13,500-fb Capacity, 160 Vlheel Ends Gear Raiio: 9.88 CAB: Conventional 6-Man Crew Cab TfFiE, FRONT. (2) 225i70R19.5 R250F (BRIQGESTdNE) 645 rev/rnile, load range F, 12 ply TIRE, REAR: (4) 225170R19.5 R250F (BRIDGESTONE) 645 rev/rnile, laad range F, 12 ply SUSPENSION, RR, SPRING, SINGLE:Vari-Rafe; 13,b00-Ib Capacity PAINT; Cab schemsfic 1f]DTA LocaEion 1: 9299, Winter White (Std) Chassis schematie NIA PrapasaL• 4817-01 [4 - INt`ERNA'TIONA L" Vehicle 5aecifieatians May44, 2091 2412 TERRASTAR $FA 4x2 (TA005) Code Descrlofian FIR 1Nt 7a# Wt List (ibs) (Ihs) (USA C30LLAR) TA00500 6ase Chassis; Model TERRASTAR SFA 42 with 203.00 4681f2731 7412 $92,901.00 Wheelbase, 84.70 CA, and 63.00 Axfe fa Frame. 1CDN FRAMERAILSHighSfrengthLoviRlfoySieel(80,OOOPSIYield); 59/911 170 $0.00 7.375' x 3.079" x.312" (187.45mm x 78.2rrtrrE x 8.Omm) Wifh Transition to 9.125" x 3.079" x.312" (231.8rnm x 78.2mrn x B.Omrn); Inc(udes 1.2" (30rnm) Drop Under Cab; 325.5" (8267.7mrrt) tvlaximum OAL 1l.RR B4JMPER, FFtONI" Full Wdth, Aeradynamiq Steel; 0.178" 010 0 $0A0 Material 7hickness, Rark Gray '€SAL CRaSSMEMBER, REAR, AF (01) 0120 20 $'i 16.D0 1WEC WHEELBASE RANGE 185" (47(}cm) Fhrough and tneluding 010 0 $274.00 236" (60Qcm) 2ADZ AXLE, FRONT NON-DRIVING {bana Spieer D700-N} I-Beam 0/0 0 ' $730.00 7ype, 7,000-lb Capacity 3AGN SUSPENSfON, FRONT, SPR1iVG Taper l.eaf, Shackle Type; Ofa 0 $28.€30 7,000-Ib Capaeity; Wi#h Shock Absor6ers 4087 BRAKE SYSTEM, HYDRAUL{C {TRy11355} Split System, Wiih 010 0 $0.00 Three Channel A8S 9GAX SRAKE, PAFtKtNG {TRUV} brum-in-Hat Type; for Hydraulic OIO 0 $0.00 B€ake chassis; Acfivaied by I.ever in Cab; N€ounfed in Reer Wheels 4J3VH BRAKES, FRONT, HYDRAULIC [31SC {TRW} 15.35" x 1.54" 010 0 $0.00 Rotors; Dual 2,36" (60mm) piam. Pistons 4NNH BRRKES, REAR, HYaRAULIC bISC (TRM 15.35" x 1.54" 0!0 0 $0.00 Rators; Duaf 2.36" (60mm) Qiam. P€s#ans 4SBL AIR COhfiPRESSOR {Bendix Tu-Flo 550} 13.2 CFM Capacity; 54128 82 $79E3.00 and Tank for Air Source on Hydraulic Chassis 5AAR STEERING CQLUMN Sfaftonary 010 o $0A0 5CAL STEERING WHEEt 2-Spoke, 98" Diam., Blacfc 010 0 $0.00 5PSN STEERING GEAR {5heppard MD831 Power 0/0 fl $0.00 78DA EXHAEJST SYSTEM Single, Horizontal, AftertreafimenE Device alp 0 $0.00 Frame Mounted Righf Side Back of Gab,lncludes Horizflnial Tail Pipe 8000 ELECTRlCRI. SYSTEN€ 72-Voli, Standard Equiprnent 010 0 $0.00 8518 G1GAR l.1GHTER Encludes Ash Cup 1/0 1 $18•00 8718 POWEFZ SQURCE Cigar Type Fteeepfacle without Plug and 110 1 $30.(}0 Cord 8GGZ ALTERNATOR ([.eece-Nevifle LBA2224H} Brush Type; 92 Volt 010 0 $0.00 120 Amp. Capaeity, Pad Mounfed 8MED BA'fFERY SYS7EM {fnternational} Nkainfenance-Frae (2) 92- €3/0 - a $0.00 Volt 1100CCA Total 8RJV RADl0 {Intemational} AMIFM Stereo Wi#h Weafhsrband, Cfock, 310 3 $338.40 Auxifiary Enput, [ncludes MuEtiple Speakers 2 Proposaf: +3817-01 V IN7`ERNATI[]NAI." Vehicle Specificatians May 04, 2091 2012 TERRASTAR SFA 4x2 (TA005) Code Qescrfntfon FIR Wt 7ot Wt Lfst (lbs) (Ibs) (U5A L1pLLAR) BTME TRAILER CC3NNECT[ON SOCKE7 7-Way; tNounied af Rear of OFI 7 $214A0 Frame, Wised fot 7urn Signals Independent of Stop, Compatib€e With Trailers That Have Amber or Side Turn Lamps 8WBW JIJMA S7ART STUD f2amote Mounted 210 2 $0.00 SWWJ ENDICATOR, LOW COaEANT LEVE[. With Audibfe Alarm 1!0 9 $0.00 SWYD BTARTING MQTOR (Delco Remy 29NtT) 12 Volf, Less 7hermaf O/Q D $0.40 Over-Cran#c Protection, With fnfegrafed Magnetic 5wifch 9HBZ GRILLE Motded, Dark Gray Color 010 0 $0.00 3WAY FRONT END Tilting, Fibergfass, With Three Piece Consfruction OIQ 0 $0,00 10460 PRfNT SCHEMAT[C, PT-1 Single Color, Design 100 0!0 0 $0.00 10761 . PAINTTYPE Base Coat1Clear Coaf, 9-2 Tone , O/fl 0 $0.00 11001 CE.llTCH Omit [iem (Ctufch & Control) O/Q 0 $0.40 12NVE ENGfNE, bIE3EL (MmForca 7) EPA 10, 300 HP @ 2600 RPM, 010 0 $0A0 660 Eb-ft Torque @ 1600 RPN1, 2800 RPM Governed Speecf, 300 ' Peak HP {Max} 12'FTB FAN bR[VE {Borg-Warner Series 790} Viscous Type, Screw On 010 €3 $0.40 92UBU RADEATOR Alurninum; 2-Raw, Cross Flow, Side-by-5ide 010 0 $0.00 Sysfem, 697 5qln Louvered, With 225 Sqln CAC, With Itt-7"arrk Oil Caoler 32VBR AfR CLEANER With Service Protection Efement 0/0 0 $0.00 12VXT THROTTLE, HAND CONTRf3L Engine Speed Controf; 0l0 0 $0.00 Electronic, Stationary, Variab[e Spead; Mounted on Steering Wheel 12VYP ENGINE CONTROL, REtviQTE MOUNTED -No Provislon 010 E3 $0.(}0 Furnished for Remo#e Mounted Engine Confrol 12VZD FEDERAL EMES510NS for 2010; MmForce 7 Engines 010 0 $0A0 12NCf'A FAN DRIVE SPECfAL EFFECTS Fan Cooling Ring with Fan 141-1 13 $E3A0 Shroud Effects, Engine Mounted 12WZE EM1SS10lV COMPLIANCE Federa{, Does Nof Gomply W,th 0/0 0 $0.00 California Clean Air Ragulafions • 13AHE 3RANShl115510N, AU7OIviATIC {Allisan 1000_hfS} qth a/Q 0 $0.00 Generafian Corsfrols; Close Ratio, 5-Speed, With 4verdrive; l.ess PTO Provision, ]nc[udes F'ark Paw{, Less Retarder, With 19,500-Ib GVW & 26,000-Ib GCW Max. 13V11LN TRP,N5MISSIOiV OIL 5ynthetie; 20 thru 28 Pints OIQ 0 $0.00 13UVYK SNIFT CONTROL PARAMETERS Ailison Load Based Shi€i 010 0 $0.00 Schedules (LBSS) 94ACN AXLE, REAft, BtNGLE {Dana Spicer S11fl} 5ingie Reduction, 010 0 $520.00 With Offset Housing;13,500-lb Capacity,l&0 Wheel Ends. Gear Rafio: 4.88 94SAC SUSPENSIdN, RR, SPF2ING, SINGi.E Vari-Rate; 13,500-Ib 23196 119 $16.00 Capacify 3 ~ Proposal:4897-01 ~5 IMTERNATICINAI.' Vefiicls Snecifications May 04, 2041 2012 TERRASTAR 5FA 4x2 (TA005) Code Descri #ion FIE2 Wf Tot Wf Lis (ibs) (lbs) (Usa, DotLaR) 75SSW FIJEL'f'ANK Top Draw; Rectangular, Steel, 40 U.S. Gal., 951 L 6163 69 $0,00 Capacity, i5" Oepth, lncludes Fuel Filfer Assembly and Vent Hosing, Mounted 8etwsen Frame 5idemembers and Behind Rear Axle 16136 CAB Conventional6-Man C€ew Cab 7091250 354 $6,221.00 16HBR GRUGE CE.EJSTER English With English Efectronic Qltl 0 $0.00 Speedomefer 96HKT fP Ci.USTER D1SF'LAY On Board Diagnostics Display of Fauft 010 4 $4.00 Codes in Gauge Cluster 16,lNT SERT, DRIVER{Naticsna12000}AirSuspension, High Back With 1614 20 $116A0 fniegral hfeadrest, Vinyl, lsolatar, 1 Chamber Lumbar, With 2 Pasition Front CushioR Adjust, -3 to -r14 Degree Angle Back . Adjust , 16F2XE SEAT, PASSENGE#2{Natlonaf 2006}AirSuspension, Mid Back, 71/29 90o $496.00 Vinyl, Less {solafor, Less l.umbar, 2 Pasitiort Front Cushion Adjustment, -3 to +14 Degeee Baek Angle Adjustment 16RZD SFAT, REAR {Infemational} BENCH; Full Widtn; Vinyl, With 44i49 93 $362.00 Fixed Back and Two ]ntegral Outboard Heacirasts 16Sf3J MiRRORS (2) (Lang Meicra) Rectangufar, 7.44° x 14.84" & 7.44" 2/0 2 $22.00 sq. Convex Both Sides, 902" lnside Spacing, Breakaway 7ype, SIacK Heacls, Brackets & Arms 96WCT A]R CONDlTlONER{Slend-Air} With fntegral Heater& Defroster 6115 66 $823.00 16WJS INSTRU€UIENT PANEL CsRfer Sectiort, Flat Panel 014 0 $0A0 16WLS FRESH AIR FILTER Aftached fo Air Intake Cpver on Cowl Tray 110 'f $76.00 in Front of Windshield Under Hood 96W5G CAB INTERIC3R 7R[M Deluxe; for Crew Cab 010 a $0.00 'E6XRN MODESTY PANE[. Molded, Dark Gray Cofor DIO D $0.00 27DAU WHEELS, FRONT DISC; 18.5" Paintsd Steei, '!Q-Stud (225mm C}IO a $0.04 BC) Hub-Piloted, Flanged Nut, Metric Mount, 6.00 DC Rirns; Wth Sfeel Hubs 28dAU WFfEELS, REAR D15C; 99.5" Painted Steel, 10-Stud t225mrrt 0I0 0 $0,00 • BCj Hub-Pilated, Flanged Nut, MetricMoun#, 6.00 DC Rims; With Sfeel Hu6s 7709449097 (2) T(RE, FFtON7 225R0R19.5 R250F (SRIDGES70NE) 646 0I0 p $0.00 revlmile, load range F, 12 ply 7709449047 (4)TIRE,REAR225CI0ft13.5R250F(BRIDGESI'0NE)695eev/ 010 0 $0.00 mile, foad raRge F, 12 ply Total of Product Fesfures $62,634.00 Cab schesttaiic 1007A Location 1: 9215, Winfer VUhite (Sfd) Chassis schematic NiA Tatal Component WeighL 614413392 8536 4 ~ Propasaf:4817-01 INYERNATILiNAC." VehieleSnecifir.atlons Nlay 04, 2011 2012 7ERRASTAR SFA 4x2 (TA005) Code DescrEp#ion FIR INt Tnf Wt List (!bs) (Ibs) (ilSA DOLIAR) 7ota! E.ist Prfce lncluding Qpflons: $52,694.04 The weight calculations included in this proposal are an esfimate of future vehicle weight. The actual weight as manu#actured may be di#ferenf fcortt the estimated weight, Navistar, fnc. shal3 not be liabfe for any consequences resulting from any dif#erences befiween the estimated weight of a vehicle and fhe actuaf weight. Propasal: 4$17-09 Item 4 AG-POWER, fNC. 3501 N. Central Expressway McKinney, TX 75071 Phone: 972-542-0301 Jow4 DEeRa Fax: 972-542-4321 Quate !d :5299601 Quote Summary HGAC program quote. Must compEywith HGAC guide[ines to qualify. Garttract GR01-'f0 Prepared For : Prepared By: Quote Id : 5299601 C[fy of Dentan MiKE BARKER Created On : March 30, 2019 TX 3501 N. Cenfral Expressway Last Modified On :March 31, 2011 Ffome : 940-349-8424 MciCinney, TX 75079 Expiration Date* December 31, 2011 mbarker@ag-power.com ; Equipment Summary Selling Price Qty Extended JOHN DEERE 5075M Utility Tracfor $ 39,780.41 X 1 - $ 39,780.49 JOHN DEERE 563 Seif-Lavelfng Loader JOHN QEERE HX15 Flex-Wing Rotary Cutfer - 544 RPM S#ump Jumpers - Single Suction Blades - 6 Wheels Equipmant Total $5, 589 5 X 1 = $ 5,591.'i 5 $ 'f2,902.$3 X 1 - $ 12,902.93 Quote Summary EquipmenE Tofal Subl"otal Total Qown Payment ReRfal Applied Balance Due Satesperson : X Accepted By : X CONFlDENTIAL $ 5$,274.49 $ 58,274.49 $58,274.49 $ 58,274.49 (O.ad) (o.ao) $ 58,274.49 Selling EquEpment JOHN DEERE Quote Id :5299601 J4HN DEERE 5075M Utility Trac#or Selling Price $ 39,78a.41 Cocfe Descripfion Qty Unit Ex#ended 991f1LV 5075M llfiEiry 7ractor 1 $ 42,'177.00 $ 42,177.00 - , Standard'opfions „ - Per:Unif _ , : - . - 1004 MFWD (4 Wheel Drive) 9 $ 0.00 $ 0.00 2033 Cab 9 $ 10,409.00 $ 10,409.Oa 2100 Vertical Exhaust 1 $ fl.tl€} $ 0.DO 3320 16Fl16R PowrReverser Transmission - 1 $ 0.00 $ 0.00 540/54flE 4000 Mechanical 1 $ 0.00 $ 0.00 5030 Tripfe Rear Deluxe Valve with Lever 1 $ 9,055.00 $1,055.00 Controls 5220 Duaf Mid Valve with Joystick CoRtrol 9 $ 0.00 $ 0.00 7520 3-Poinfi Nitch with Telescoping Draft 1 $ fl.00 $ O.OQ Links 8142 18.4R30 143A8 R1 Radia! 1 $ 1,760.00 $1,780.00 8451 12.4R24 122A8 R'! Radial 1 $ 562.00 $582.00 9020 Frant Weight Supporf - 987 Lbs. 1 $ 253.00 $ 253.00 Sfandard Opfions 7o{al $ 14,039.00 Dealer Attachnients , LV825787 Radia#or Clean Out Screen 1 $54.00 $ 54.00 RE265545 Radio, AMIFM Stereo with Cfock and 1 $ 0.00 $ 0.00 Weathefband Dealer Attachments Tota! $ 54.00 , . _ . u.. D15COLEnt , . $ -16,488.59 $ -16,489,59 $39 780 41 otal , . CONFiDEN7`7AL Selling Equ'rpment ~oRNDeERE Quote Ed :5299801 JOHN DEERE 563 Self-Leveling Loader Selling Prlce $ 5,581.'15 Code Descripfian Qty Unit Extended 2462P 663 Self-Leveling Loader 9 $9,708.00 $ 9,708.00 _ „ _ 77 - - - Standard Options:, Per Unit . . _ 0595 Custom Con#igurafion 1 ~ 0.00 $ 0.00 1000 Mounting Frame 1 $-486.00 $ -486.00 2090 2 Function - Hoses and Couplers 1 $-1,376.00 $-1,376.00 3095 Less CoupEers 1 $ -220.00 $ -220.00 4095 Less Ballast Box 1 $ O.Ot? $ 0.00 7000 Global Carrier. 1 $ 0.00 $ 0.00 8009 73 In. (1850 mm) GlobaE Materia(s 1 $ 0.00 $ a.00 Bucket 9035 Hood Guard 1 $ 231.0(} $ 231.00 Stanclard Options 7otal $ R1,85'I.00 - _ _ _ _ . . - , . Other`Charges . . : . . - , , . Freighf 1 $ 248.35 $ 248.35 Other Charges Tota1 $ 248.35 Discaunt $ -2,514.20 $ -2,594.20 COIVFIDENTlAL Selting Equipment JQHNOCERE Quote Id :5299601 JOHN DEERE HX15 Flex-Wing Rotary Cutter - 540 RPM Stump Jumpers - Single Suction Blades - 6 Wheels Selling i'rice $ 12,902.93 Code Description Qty Unit Ex#ended 227BP HX15 Flex-Wing Rotary Cuttar - 540 3 $ 97,818.00 $ 17,818.00 RPM Stump Jumpers - Sing[e Suction Bfades - 6 Wheefs ~ - - '..Standard.Option . = : _ s --Per lfriit . , - . . 1000 . _ _ . . - - . Gonstani VeEocity with Lock-Slide _ 1 $ OAO $ 0.00 Col[ar Driveline, Ca# 5, 540 RAM 1200 21.4" x 5,25" x 9.0" Puncture Praof 1 $ 0.00 $ 0.00 Laminated Tires 1600 Front Safety Sh[eid - Chafn 9 $ OAO $4.00 9700 Rear Safety ShielcE - Chain 1 $ 0.00 $ 0.00 6010 90,000 Lb. (45fcN) Chain 1 $(}.0€3 $ 0.00 Standard Options Tatal $ O.OD , , - ; ._Othe_r Charges • - Freighf 9 $ 424.09 $ 424.01 Other Charges 'fotal $ 424.01 Discount $ -5,339.48 $ -5,339.Q8 COIIlF1DENTlAL Texas Local Government Purchasing Cooperative'- PRIClNG WORKSHEET euying Agency: City of Denton fDafe Preparecf Southwest International Trucks Contract # 358-90 ProdUct Description: 2012 lnternational TerraStarwitEt dump body Cantact Person: 8: Opilons Materfal surcharge ~ 19,500 GVWR rear crassrnemher 7000# front ax[e 7000# ttront springs Cigar Iiter Power source AM FfN stereo radlo 93,500# rear axle 13,540 rear springs `L&R convex rnirrors Air condiiioner Fresh air filter for aIc Ailison 9000 RDS automafic trans 7 way plug traiisr brake w(r(ng Subtotal Column 1: Total Optlons I [ttem: Base Chassis Bid Optlon cost is 80%a of MSRP ~ 300.001 1 Mlnc[urled I I N 9$.601 1 1 19fl.s91 I ~ 23.$01 1 1 287.301 1 ~ 442.001 1 ~ 93.60~~ ~ 18.70 f N 899,55~ ~ N 64.601 1 N 246.501 1 1 'l82.OD1 1 f 1 I ~I I I I I I I I i I $ 2,528.30 iSubfofa! Column 2: I I i f- 512I2U1T N $ 38,746.50 . $0.00 $ 2,528.30 CHASSIS W1TH FACTORY OPTIONS $ 49,274.80 TOTAL BODY PRICE See attached body spec sheet ~ ~ Knaphelde dump body N ~ $13,444.00 Additional OPtions; suy Board Fee 400.00 Transportaf€on ! I i I I I ! 126•00 DOT lnspection wlth Flre Extinguisher and Road Ffare #(i# 185.06 ~Ok- o~ ~ ('w~ . ~Ji%~•' TOTAL BL1Y BOARD PRICE $55,428.$0 Cafvin Lew1s Southwest Internattonal Trucks-Mckinney Mckinney, Texas, 75070 Fax# 972-542-5250 Office# 972•542-9201 E-mai! Address: calvln.lewis@swit-ix.com "Fo purchase this unit, ptease fssue a purchase order to the Buy 8oard; the Buy Board wiil notify Southwest Iniernational of yaur purchase order. We will order the truck and body when we receive the purchase arder from the buy Board. Thank yau, Calvin Lewis 5191201 i 7:28 AM INTERNATICINAR" Prepared For. CfTY QF DENTON Mike Eliis 9€71 B TEXRS ST. DENTON, TX 76209- (940)348 - 7900 Reference ID: N!A May 04, 201't Presented 8y: SOUTHWES7 [NTL TRKS INC Tom E Cfaiborne 2941 E PlE3NEER PECWY ARLENGTOiV TX 76010 - (897)469-2931 Thank you for the oppo€funity to provide you with the following quofation on a new International fruck. f am sure the following detailed specifrcation wilf ineet your operationa{ requirements, and 1 look forward to serving your business neads. . . . Nfodel Profile 2012 TERf2A5TA14 SFA 4x2 (TAQ05) APP[.fCATfQN: Landscape Dump MISStON: Requesfed GWVR: 19500. Calc. GVWR: 79500 Cafc. Start! Grade Ability: 44.34% f 4.94% @ 55 NiPH Cale. Gearea! 5peaci: 75,2 NEPH DIMENSION: Wheelbase: 183.0, CA, 108.60, Axle fo Frame: 43.00 ENGlNE, dEESEL; {MaxocForce 7} EPA 90, 300 HP @ 2600 RPM, 660 fb-ft Torque @1600 RPM, 2800 RPM Gaverned Speed, 300 Peak HP (Max) TRANSMlSS10iV, AU70MA71C: {Allison '[OOO~RDS} 4th Generafian Controls; Cfose Ratio, 5-Speed, Wth Overdrive; Includes Park F'aval, Wth P70 Pravision, Less Retarder, With 19,500-Ib GVW & 26,000-1b GCW Max., onI off hwy CLUTCH: 4mit liem (Clutch & Gbntro[) AXLE, FRON7 NON-DRIVING: {pana Spicer Q700-N} I-Beam Type, 7,0€30-1b Capacity AXLE, REAR, SINGLE: ZDana Spicer S'I 10} 5ingfe Reduction, Wtth Offset Housing; 13,500-Ib Capacify, '[&D Witael Ends Gear Ratia: 4.88 CAB: Convantional TlRE, FRQNT. (2) 225170R79.5 R250F (BFtIDGESTONE) 645 revlmile, load range F, 12 ply TfRE, REAR: (4) 225/701119.5 R250F (BRIDGESTOiVE) 645 revlmile, foad range F, 12 piy SUSPENS10N, RR, SPR1NG, SINGLE:Vari-Rafe; 43,5(}fl-!b Capacity PAIiVT; Cab schematic 900Tq Locafion t: 3219, WinterWhite (5td) Chassis schematic NIA 6 Proposaf: 4816-09 INTERNATIClNAi." Vehicle Saeciffcafions May 44, 2411 2012 TERRASTAR 5FA 4x2 (TA005) Gode Descrinfion F!R INt "fot Wt l.ist (Ibs) (Ibs) (USA DOLLAR) TAOOSOfl Base Chassis, Model TERRASTAR SFA 4x2 with 183.00 468112731 7412 $42,101.06 Wheefbase, 108.80 CA, and 49.00 Axle to Frame. ' iC[7N FRAME RAII.S High Strengfh LowAflay Steel (80,000 PSI Yisld); 42/41 83 $4.00 7.375" x 3.079" x.392" (187.45rnm x 7$.2rt1m x 8.Ornm) Wi[h Transifian to 9.925° x 3.079" x.312" (231.8mm x 78.2mm x 8Amm); Ine[udes 9.2" (30mm) C7rop Under Cab; 325.5" (8267.7mm) Nlaximum ORI. 1LRR BUMPER, FRC1NT Full Wdfh, Aerodynamic, Steel; 0.118" 010 0 $0.00 Material Thickness, Dark Gray 1SRL CROSSMEMBER, REAR, AF (09) 0120 20 $196.40 7 WEB WNEELBRSE RANGE 128" (325cm) Through and lncluding 0I0 0 $0.00 183" (465cm) 2AE]Z RXLE, FRONT NON-DRIVING {Dana Spicer D700-N} !-Beam 010 0 $930.40 Type, 7,000-lb Capaciiy 3AGN SUSPENSION, FRON'T, SPRfNG'faper Lea#, Shaekle Type; 010 0 $2$.00 7,000-Ib Capacity; With Shock Absarbers 4087 BRAKE SYSTEM, HYDRAULIC {TRW 355} Split System, With OIO 0 $0.00 Three Channel ABS 4GAX BRAKE, ARRKfNG {TRW} E]rum-in-Hat Type; for Hydraulic 0/0 0 $0.00 Srake chassis; Aefivated by Lever in Cab; Mounted in Rear Wheels 9JiVH BR4KE5, FRONT, HYDRAIlL1C DISC {TRVV) 15.35" x 1.54" OIQ a $0.00 Rofors; Qua! 2.36" (60mm) Diam. Fisfons 4NNN BRRKES, REAR, HYl7RAlJl.IC DISC (TRt/V) 15.35" x 1.54" 0!0 D $D.0€1 Rotors; Dual 2.36" (60mm) Diam. Pisions SAAA STEERING COLUMN Stationary 010 0 $0.00 5CAL STEER]NG WHEEL 2-Spoke, 18" Diam„ B1ack 0!0 0 $0.c0 5PSN STEERfNG GEAR (Sheppard Mfl83) F'ower 0l0 0 $0.00 78QA EX}1AUST SYSTEM 5ingle, Harizontal, Afterfreatment Device OIQ 4 $0.00 Frame Mounfed t2ight Side Back of Cab, Includes Horizonial Tail Pipe ' 80€30 ELECTRICAL SYS76 12-Volt, Sfandard Equipment 010 0 $0.00 8598 CIGAR LfGH7ER lncludes Ash Cup 910 1 $18.00 8718 POWER SOUf2CE Cigar 7ype Reeeptacfe withaut Plug and 'f!0 1 $30.00 Cord SGGZ AL`fERNATOR ~Leece-NeVjlle LBP2224H} Brush Type; 12 Voft QID fl $0.00 • 120 Amp. Capacify, Pad Mounted 8MED BATTERY SYSTEM {Internat'ronal} Maintenance-Free (2) 12- 010 4 $€3.00 Volf 11 f}OCCA Total 8RJV RAOiQ {International}AM/FM Stereo Wrth Weatherband, Clock, 3/0 3 $338.00 Auxiliary Input, fncludes Multipfe Spea€cees 2 3 ~ ~ Proposal: 4815-07 INTERNA'I'lONAL" Vehicle 5nec(ficetioras NEay 04, 2011 2092 7ERRAS7AR SFA 4x2 (TAO05) Gode E?escrintlan F1R Wt Taf Wf List (Ibs) (lbs) (USA DOLLAR) 8TME TRAILER CONNECTION SOCKE7 7-Way; Mounted at Rear of 017 7 $214.00 Frame, Wired for Turn S9gnals lndapendenf of Stop, Campatibfe Wth 7eailers That Hava Arnber or Side Turn Lamps SNBW JUMP STRE2T STU[3 Remote Mountad 210 2 $0.0€3 SWWJ tNDICATOR, f.OW COOLANT I.EVEL With Audible Rlarm 110 1 $0.00 8UVYb STARTING tNOTOR {Delco Remy 29MT} 12 Vol#; Less Therinal 0!0 Q $0.00 Over-Crank Profection, With (ndegra#ed Magnefie Switeh 9HBZ GRIf.LE Molded, Dark Gray Color 010 0 $0.00 9WAY FROlVT END TiFting, Fiberglass, With Three Piece Construction 0I0 0 $0.00 10060 PA[iVT SCHEMATIC, PT-i Single Co1or, Design 100 010 0 $0.00 10761 PRINT TYPE Base CoaflC[ear Coat, 1-2 Tane 0/0 Q $0.00 91001 CLUTCH Omit tfem (Cfutch & Control) 0!0 0 $0.00 12NVE ENGINE, DiESEL (MaxcForce 7} EPA 10, 340 HP @ 2600 RPM, 010 0 $0.00 660 ib-ft Torqtte @ 1600 RAM, 2800 RPM Gove€ned Speed, 300 Peak HP (Max) 12TTB FRN DRIVE {Borg-WamerSeries 790} Viscous Type, Screwfln 0/0 a $0.00 12UBU RADIATORRI€aminurr3; 2-Row, Ceoss Flow, Side-by-Side 010 0 $0.00 Sys#em, 697 Sqin Louvered, Wth 225 5qln CAC, With [n-Fank Oil Coofer 12VBR AIR CLEANER With Servtce Protection Elerttent 0/0 0 $0.00 12VXT THROTTI.E, HAN17 CONTRflL Engine Speed Cantrol; 0I0 a $0.00 Efecironic, Stationary, Variable Speed; Mounted on Steering UVheel 12VYP ENGINE CONTROL, REMOTE MOUNTEE3 - No Provision QIO fl $0.40 FurrtishecF €or Remote Mpunfed Engirse Contrpl 92VZD FEDERAL EMISSI4NS for 2094; MaxocForce 7 Enginas 01o 0 $0.0€1 112WTA FAN DF21VE SPECIAL EFFEGTS Fan Cooling Ring with Fan 141-1 13 $43.00 Shroud Effects, Engine Mounted 12WLE EMISSION COMALiRNCE Federal, Does Not Comply With OJO 0 $0.00 Califotnia G1eanAir Regulations 13AKK TRRNSMfSSION, AUTOMATiC {Alfison 10U0_RDS} ~4th 410 1 ~v290.0a Generation Controls; Clase Ratio, 5-Speed, With 4verdrive; [ncludes Park Padvl, Wiih FTO Provision, l.ess Retarder, Wiih 19,500-Ib G1NV & 26,000-Ib GCW Max., oNotf hwy 13WLN 7RRNSMlSSION OlL Syn#hetic, 20 thru 28 Pints 0l0 0 $0.00 13WYiC SHfFT GONT€tOl. PARAMETERS Allisan Load Sased Shift DIO 0 $0.00 Schedules (L8S5) 19AGiV AX€.E, REAR, SINGLE {Dana Spicer S1 10} Single Reduction, 010 0 $520.00 Wth Offset Housing;13,5(}0-lb Capaeity, 160 1Nhaef Ends. Gear Rafio: 9.88 14SAC Sf3SPENSION, RR, SPRWG, S[NGLE Vari-Rate; 113,500-Ib 25194. 113 ${6.00 Capaciiy 3 , f z Proposa1:4815-01 L~ 1P1TERNATIQNA1.z' Vehiole Soecifications May 04, 2091 2092 TERRASTAR SFA 4x2 (TAO08) Cocfe Descriation FIFi Wt i'ot Wf Lis# (Ibs) (Ibs) (U5A 170LI.RR) 15SSW FUEi.7'AIVKTop Draw; Rectangular, SteeE; 40 U.S. Gal., 151 L -9R0 69 $OAO Capacity, 95" Depth, fncludes Fuel Fi1lerAssembly and Vent Hasing, Mounted Between Frame Sidemembers anci Behind Ftear A:cle 16030 CRB Convanfionai 010 Q $4.00 16400 SEAT, F'ASSENGER Omit ltem DIQ 0 $0.00 16HBA GAL1GE CI.USTER English With Engiish Electronie 0i0 0 $0.00 5peedometer 16HKT !P CLU5TEFt dISP€AY Ort Board Diagnostics Display of Faulf 0/0 0 $0.00 Codes in Gauge Cluster 16JPL1 SEAT, FRONT BENCH {Gra-Mag} Full Widfh; Vinyl, With Fixed QIO 0 $0.00 Mid Back 96SDJ MIRRORS (2) {Lang Mekra} Reciangular, 7.44" x 94.84" & 7.94" 210 2 $22,00 sq. Convex Both Sides, 102" Inside Spaeing, Breakaway Type, Bfack Heads, Bracfcets & Arms 96WCT AIR CONDITIONER {Bfend-Air} Wiih Integral Heater & De#rosfer 6016 66 $823.00 16WJS fNSTRUMEN'F PANEL Center Sectian, Flat Pane1 0I0 0 $0.00 16WLS Ft2ESFf AIR F'ILTER Rttached io Air lntake Cover on Cowl Tray 1!4 1 $76A0 in Front of Windshield Under Hood 16WRC CAB INTERIOR TRIM Deluxe 010 a $QAO 18XRN MOOESTf PANEL Molded, dark Gray Calor 0I0 0 $0.00 27DAiJ UVHEELS, FRQNT DfSC; 19.5" Painted Stee[, 10-Stud (225mm 0I0 €1 $0.00 BC) Hub-Piloted, FlangedNut, MetrieMount, 6.00 DC Rims; With Steel Hubs 28QAU WHEELS, REAR DlSC; 19.5" Pain#ed Steel, 10-Stud (225mm Qip Q $0.00 BC) Nub-Piloted, Flanged Nuf, MetricMount, 6.00 DC Rims; Wfh Sfee3 Nubs 7709449047 (2) 7fFtE, FRON7 225170R'f9.5 #225OF (BRIiDGESTONE) 645 0I0 a $OAO revlmile, load range F, 12 p[y 7709499047 (g) T1RE, REAR 225170R19.6 R250F (BRIQGESTONE) 645 revf 010 fl $0,00 ,mife, load range F, 12 pIy . Toia[ of Product Features $44,722.00 Cab schematic it}OTA Lflcatian 1: 9298, Winter WMife (5td) Chassis schernatic NIA Total Camponent Weight: 483312968 7809 Total List Price lnc[uding Op#ions: $44,722,00 The weight cafculafions includsd in fhis propasal are an estimafe oE iuiura vehicle weight. The aefual weight as manufacfured may be dif#erenf frorn the estimafed weight. Navisiar, Inc. shafl not be [iable for any consequenees resu#ting €rom any differences between fhe estirr3ated vreight of a vehiefe and ihe actual weighi. 4 q 5 Proposa1:4895-01 CONTRACT COMPARISONS FOR UTILITY EQUIPMENT Exhibit 2 DESCRIPTION ~ BUY BOARD #358-10 ~ James Wood Contract # ~ Hybrid Pricing ~ Hybrid Pricing Chevy Tahoe LS 44 PACKAGE Base Price w/ options 4X4, LS PACKAGE AUTOMATIC, TRAILER TOW PKG Subtotal by vehicle $ 49,160.00 $ 56,430.00 Discount $ (2,718.00) Qty ordered 1 1 Subtotal of cost $ 49,160.00 $ 53,712.00 Buy Board Cost per PO $ 400.00 Total of purchase $ 49,560.00 $ 53,712.00 Vendor: Caldwell Country Chevrolet James Wood Auto Park PO Box 27 Caldwell, TX 77838 Denton Tx Averyt Knap Brad Roblyer aknannOcaldwellcountiv com broblverra)iameswood.com 979-567-6116 940-453-4700 DESCRIPTION I BUY BOARD I NON GOVERNMENT Contract # ~ #358-10 ~ PRICING 2012 INTERNATIONAL TERRASTAR CREW CAB SVC BODY TRUCK WC 1144 Base Price $ 38,746.05 $ 40,603.50 Published Options $ 9,301.40 $ 9,301.40 Knapheide Service Body $ 9,267.00 $ 9,267.00 Buy Board Cost per PO $ 400.00 $ - Transportation $ 50.00 $ 50.00 DOT Inspection w/ Fire Ext & Flares $ 185.00 $ 185.00 Delivery per vehicle $ - Subtotal by vehicle $ 57,949.45 $ 59,406.90 Qty ordered 1 1 Subtotal of cost I$ 57,949.45 I$ 59,406.90 Total of purchase $ 57,949.45 $ 59,406.90 Vendor: Southwest Internatio nal Trucks Southwest International Trucks of McKinney of McKinney McKinney TX McKinney TX Calvin Lewis Calvin Lewis calvin.lewisra)swit-tx.com calvin.lewisra)swit-tx.com 972-542-1201 972-542-1201 DESCRIPTION I BUY BOARD I NON GOVERNMENT Contract # ~ #358-10 ~ PRICING 2012 INTERNATIONAL TERRASTAR w/ SVC BOD Y TRUCK WD1136 Base Price $ 38,746.05 $ 40,603.50 Published Options $ 2,281.80 $ 2,281.80 Knapheide Service Body $ 9,267.00 $ 9,267.00 Buy Board Cost per PO $ 200.00 $ - Transportation $ 125.00 $ 125.00 DOT Inspection w/ Fire Ext & Flares $ 185.00 $ 185.00 Delivery per vehicle $ - Subtotal by vehicle $ 50,804.85 $ 52,462.30 Qty ordered 1 1 Subtotal of cost I$ 50,804.85 I$ 52,462.30 Total of purchase $ 50,804.85 $ 52,462.30 Vendor: Southwest Internatio nal Trucks Southwest International Trucks of McKinney of McKinney McKinney TX McKinney TX Calvin Lewis Calvin Lewis calvin.lewisra)swit-tx.com calvin.lewisra)swit-tx.com 972-542-1201 972-542-1201 6/2/201 1 1 2:19 PM 3-BU-File 4725.XLSBB HGAC COMPARISON CONTRACT COMPARISONS FOR UTILITY EQUIPMENT Exhibit 2 I I I DESCRIPTION I HGAC I BUY BOARD I NON GOVERNMENT Contract # ~ #GR01-10 ~ #292-083 ~ PRICING JOHN DEERE TRACTOR 5075M WP1140 Base Price $ 39,780.41 $ 40,051.12 $ 47,500.00 John Deere 563 Self Leveling Loader $ 5,591.15 $ 5,629.18 $ 6,600.00 John Deere HX15 Flex Wing Rotary Cutter 540 RPM $ 12,902.93 $ 12,990.70 $ 14,250.00 Subtotal by vehicle $ 58,274.49 $ 58,671.00 $ 68,350.00 Qty ordered 1 1 1 Subtotal of cost I$ 58,274.49 I$ 58,671.00 I$ 68,350.00 Total of purchase 58,274.49 $ 58,671.00 $ 68,350.00 ~ Expires Dec . 31, 2011 Expires May 31, 2011 Vendor: AG Power Inc AG Power Inc AG Power Inc of McKinney of McKinney of McKinney 3501 N. Central Expressway 3501 N. Central Expressway 3501 N. Central Expressway McKinney, TX 75071 McKinney, TX 75071 McKinney, TX 75071 MikeBarker MikeBarker MikeBarker mbarkerO aa-nower com mbarkerO aa-nower com mbarkerO aa-nower com 972-542-0301 972-542-0301 972-542-0301 DESCRIPTION I BUY BOARD I NON GOVERNMENT Contract # ~ #358-10 ~ PRICING 2012 NTERNATIONAL TERR ASTAR w/ Dump Body PM1112 Base Price $ 38,746.05 $ 40,603.50 Published Options $ 2,528.30 $ 2,528.30 Knapheide Service Body $ 13,444.00 $ 13,444.00 Buy Board Cost per PO $ 400.00 $ - Transportation $ 125.00 $ 125.00 DOT Inspection w/ Fire Ext & Flares $ 185.00 $ 185.00 Delivery per vehicle $ - Subtotal by vehicle $ 55,428.35 $ 56,885.80 Qty ordered 1 1 Subtotal of cost I$ 55,428.35 I$ 56,885.80 Total of purchase I$ 55,428.35 I$ 56,885.80 DESCRIPTION I BUY BOARD I NON GOVERNMENT Contract # ~ #358-10 ~ PRICING Vendor: Southwest International Trucks Southwest International Trucks of McKinney of McKinney McKinney TX McKinney TX Calvin Lewis Calvin Lewis calvin lewis0swit-tx com calvin lewis0swit-tx com 972-542-1201 972-542-1201 6/2/201 1 1 2:19 PM 3-BU-File 4725.XLSBB HGAC COMPARISON EYlubit 3 2 3 4 5 6 7 8 9 10 DRAFT MINUTE S PUBLIC UTILITIES BOARD April 11, 2011 After deterinining that a quoniin of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, April 11, 21011 at 9:021 a.m. in the Service Center Traiiung Rooin, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present 11 1? 13 14 15 16 17 Absent: 18 Chair Dick Smith, Vice Chair Bill Cheek, Phil Gallivan, Barbara Russell, Bill Gnibbs and Randy Robinson (Arrived at 9:11) Ex Officio Meinber: George Cainpbell, City Manager Howard Martin, ACM Utilities Jolui Baines (eYCUSed) 19 ITEMS FOR INDIVIDUAL CONSIDERATION: 20 ? 1 4) Consider a recommendation of an adoption of an ordinance of the City of Denton authorizing 22 the City Manager or his designee to execute a purchase order through the Buy Board 23 Cooperative Purchasing Network for the acquisition of fourteen vehicles and/or equipment 24 for various City of Denton Utility Departments by way of an inter-local agreement with the 25 City of Denton; and providing an effective date (File 4700-Purchase of Velucles and 26 Equipment for Utility Fund Departments awarded to multiple vendors in the amount of 27 $2,168,814.40). -)g 29 Board Member Russell stated that we spend so much money on vehicles. Can we not 30 stretch the time on our vehicles a little longer? Everyone is looking for money right now, 31 could we add a year or two to the amount of time we keep a vehicle? Russell was looking at 32 a Peterbilt truck that is being purchased that is a 2012 and is being delivered about July 31, 33 2011. Can we do something to make them last longer, or not buy the state of the art 34 vehicle? Kemler stated that he would tallc about soine of the vehicles. What staff does is loolc at 35 several criteria. There are established years and or iniles a vehicle is used before it is loolced at 36 for replacement. Once it meets the criteria, we also loolc at the cost of repairs of both the chassis 37 and the body and see if that velucle is warranted in continuing it in a baclciip role. If the 38 inaintenance is too high, we do replace thein. Two of the units actually had to be towed in and 39 have not been repaired. Both have very high repair costs and inet the criteria for replaceinent. 40 Russell then asked about the Tahoe at $49,560. Kemler stated that is a hybrid velucle it is a 41 12 year old velucle that is being replaced. It is a sustainable velucle that we are using for 42 sustainable conversions. Russell went on to ask if it needs leather interior, power seats, 43 power windows ect. Kemler stated it does not, but they do not make them any other way. 44 When you order a hybrid velucle they malce them in the mid to lugher trim oiily. Cheek then 45 questioned that the direction was to buy hybrid? Kemler agreed that the direction is to buy 46 hybrid, and many of the hybrid come in the mid to higher trim line not in the bottom. Cheek 47 then asked who gave the direction to start buying hybrid, just curious. Kemler stated that Draft Minutes of the Public Utilities Board Meeting April 11, 2011 Page 2 of 3 1 staff has been buying hybrids since 2002, and couldn't remember who gave that direction. It is ? part of the sustainable program for alternate fuels. Cheelc stated that the Board just needs to 3 lcnow that if staff is ~oin~ to buy hybrids for the city they are ~oin~ to come like that, hi~her trim 4 line. Campbell stated he isn't sure why it is but he purchased a Prius and had to buy a hi"'her 5 trim line for lus personal velucle. 6 7 Grubbs asked if it would be possible to add information in the back up especially for 8 replacement vehicles. What is being replaced, how old it is and how many miles. Howard 9 Martin, ACM Utilities, stated that he laiows that we have brought it in the past but not sure how 10 long it has been. Across the city we have replacement criteria that we use in general, not sure if 11 everybody on the board has seen that. We can bring that back and tallc about the program that 12 we have in place. The board members agreed that would be a good idea. Russell stated that if 13 we just add it to the binder it would help her. Russell stated that she has no knowledge in 14 commercial vehicles but does understand pickups and Tahoe's. It seems like there would 15 be some dealers that would make the hybrids for Cities and entities so they weren't so 16 expensive. Cheek stated that looking at some of the Peterbilt trucks there are some good 17 prices and the roller is a good price as well, he does have experience in that area. The 18 Tahoe stood out to him as well. 19 ?0 Cheek then talked about the buy board and how some of our local dealers do not 21 participate in the buy board, so sometimes we don't have the choice of buying local. 22 ?3 Grubbs asked about three refuse trucks that were on this item, are they replacements or 24 additions. ILeinler stated they are actually replaceinents of soine single axle residential tniclcs. 25 One of our problems in our residential cart programs tniclcs are becoming too heavy and have ?6 been cited for eYCessive weight. We have had to start bringing the tnicks in to dump before the 27 route is coinplete because of the weight. The efficiency has gone down and staff is trying to 28 bring that baclc up. The new tandem axle tniclcs will replace the single axle tniclcs and the single ?9 aYle tniclcs will be used in a baclciip role tlus year and neYt year they will be in front line service 30 for recyclables. Grubbs stated that technically we are increasing the number of vehicles but 31 in reality we just need a different piece of equipment, ILeinler agreed. Gallivan stated that 3? he thought at the last meeting with the addition of two vehicles that would be enough, but 33 now looks like we need more. ILemler stated that maybe he wasn't clear enough. He will need 34 a couple more uiuts in the 20 12 budget with the assumption that solid waste would get the three ;5 that is on the agenda item today. The three light weight tnicks will be in the refuse area with the 36 heavier vehicles for residential solid waste pick up. 37 38 Chair Smith asked what do you do with the vehicles that are being replaced. ILemler stated 39 that frequently they are sold. The inethod they are sold is an on-line auction coinparable to e- 40 bay. ILeinler stated that he expects to get about $5,000 each for the tniclcs that had to be towed 41 in. The container tnick that is 16 years old we may get $2,500 to $3,000. Occasionally we can 42 change the tnicks out by putting a dump tnick bed on them to get a second life. Smith then 43 asked about the comment where it says that solid waste has rented a compactor for 9 44 months. Li the future Smith would like more information in the write ups, for instance the 45 first question that will come from that comment is how much does it cost to rent the Draft Minutes of the Public Utilities Board Meeting April 11, 2011 Page 3 of 3 1 ~ ~ 4 5 6 7 8 9 10 11 12 compactor rather than buy it. ILemler stated it has been 14 months now; the amount we have paid to rent is $33, 307. The purchase price is $83,391.40. Gallivan stated that we are adding about 5 or 6 vehicles to our fleet in recycles and refuse as a result of the expiration of the contract with the current company. ILemler agreed. Martin stated that in the future we would have the replacement schedule with the replacement equipinent when it is brought forward to the Board. Board Member Grubbs moved to approve item 4 with a second from Board Member Cheek. The motion was approved by a 6-0 vote. Adjourned at 11:00am EYlubit 3 1 DRAFT MINUTE S 2 PUBLIC UTILITIES BOARD 3 May 23, 2011 4 5 After deterinining that a quoniin of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, May 23, 2011 at 9:00 a.m. in the Service Center Traiiung Rooin, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Vice Chair Bill Cheek, Phil Gallivan, Barbara Russell, Bill 11 Gnibbs, and Randy Robinson (departed at 10:00) 1? 13 Absent: John Baines 14 15 EY Officio Meinber: 16 George Campbell, City Manager 17 Howard Martin, ACM Utilities 18 19 OPEN MEETING: 20 ? 1 1) Consider a recommendation of an adoption of an ordinance of the City of Denton authorizing 22 the City Manager or his designee to execute purchase orders through the Houston Galveston 23 Area Council of Governinents Buy Board, Texas State Buy Board Cooperative Purchasing 24 Networlc for the acquisition of four velucles atid/or equipment for various City of Denton 25 Utility Departments by way of an inter-local agreement with the City of Denton; and 26 providing an effective date (File 4725-Purchase of Vehicles and Equipment for Utility Fund 27 Departments awarded to two vendors in the amount of $203,005). -)g 2 9 Item 41 was pulled from the Consent Agenda and placed on Items for liidividual Consideration. 30 Howard Martin explained that there are four pieces of equipinent on this agenda itein. The first 31 itein is a flex fuel SUV that will replace the hybrid SUV that was passed by the Board on April 3? 11, 2011. At that meeting there were questions regarding the price and trim paclcage on that 33 SUV. Martin eYplained if the Board approves tlus fleY fuel SUV, then the hybrid velucle will 34 not be purchased. The hybrid that was approved last ineeting was $49,560 in cost; the 35 replaceinent is being brought baclc for an option. The priinary issue is when you coinpare the 3 36 two velucles; there is about $6,700 in trim paclcage that you have to purchase with a hybrid. The 37 difference in price is $35,900 and $49,560. When you compare the two and compare gas 38 inileage for both vehicles at the low end of the fuel inileage you are able to pay for that 39 difference in cost in roughly 4-5 years based on 15,000 iniles a year. The flex fuel vehicle 40 meets the cleati air ordinance as well as the hybrid velucle that the City currently has in place. 41 When you loolc at any hybrid compared to any fleY fuel velucle it will depend on how the velucle 42 is used if it falls in the vehicle replacement criteria or not. The landfill mileage will be at the 43 lower end, and would fall within the vehicle replacement criteria policy. Martin explained the 44 option is the Boards. 45 46 Russell stated that she appreciates that and would like to go with the lesser expensive 47 vehicle. She then asked what the LS package is on the vehicle. Martin answered that it is the Draft Minutes of the Public Utilities Board Meeting May 23, 2011 Page 2 of 3 1 lowest trim package available for tlus velucle. Russell stated that remote start seemed a little ? too much. Martin aslced Milce Ellis, Fleet Superintendent, if you could order a velucle without 3 the reinote start. Ellis stated that you will see if you start talcing off options that are standard it 4 will cost more because they have to sin~le the vehicle out comin~ down the line. 5 6 Cheek asked where or is there a directive to purchase hybrids. Martin stated that the 7 directive was inore in the Clean Air Ordinance, but there are several ways to ineet that ordinance. 8 You can accomplish that with flex fuel vehicles or hybrids or other alternate fuel capability 9 velucles. 10 11 Grubbs stated that the vehicle that is being replaced is 12 years old. What is the projection 12 of the maintenance that would be needed for the hybrid? Martin stated that he didn't know 13 they are fairly new to our fleet. Ellis stated that we do not have any that are 12 years old. 14 Normally it is an 8 year replacement on the battery, and they are fairly eYpensive. Vance 15 ILemler, General Manager Solid Waste, stated that they have (2) 2002 hybrids they are 10 years 16 old and the batteries are fine. We have done ininiinal inaintenance on those vehicles. Grubbs 17 then asked what flex fuel means. Ellis stated that means it is E85 wluch means 15% uiileaded 18 and 85% ethanoL It gives you the ability to use both types of fuel. 19 ?0 Robinson stated that the replacement has been in service for 12 years and anticipate 10 ? 1 years for this vehicle? ILemler stated easily 8 years probably 12 years. Robinson clarified that the cost recovery is 4-5 years. Martin stated that velucle to velucle the differential on cost 23 using 15,000 iniles a year and $3.50 gas, you can recover in about 4.5 to 5 years. Martin stated 24 that just looks at the differential in cost. There is about 2.1-2.4 emission tons per year rate 25 difference between the velucles, that is not putting any cost value on the emissions. ?6 ?7 Robinson stated that he believes any time the City can send the signal and set an example ?8 of hybrid technology in the community it is good. Robinson loves seeing a DME or a City 29 of Denton truck with a hybrid sticker, it is the right message falls in with everything that 30 we are doing with wind power and recovering methane gas at the landfill. 31 3? Smith stated that if this item is approved, we would be going to the flex fuel vehicle. If it is 33 not approved, staff will be staying with the hybrid. 34 35 Smith asked for a motion. Grubbs moved and Gallivan seconded. Smith then clarified the 36 motion. Grubbs answered to accept the flex fuel vehicle. Smith then called for a vote. The 37 vote was 3 for and 3 against. Martin aslced legal council how to proceed. Jolui ILiught, Deputy 38 City Attorney, stated that he believes that on a tie, it fails but will go checlc and return. 39 40 Smith went back to item #1 to check on the vote and asked Russell which vehicle she voted 41 for and she stated the hybrid. 42 43 Russell then wanted to clarify her understanding. The hybrid would cost more initially but 44 the difference would be made up in 4-5 years and then the hybrid would be less expensive 45 to operate. Martin stated that is correct. Gallivan then asked Martin that when he spent 46 time in prefacing this piece of equipment was that given the use of this vehicle as opposed Draft Minutes of the Public Utilities Board Meeting May 23, 2011 Page 3 of 3 1 to a vehicle that would have more highway miles the advantage is not there. Martin stated it ? is opposite. If you are on the lower end of the fuel econoiny that is where the hybrid gives the 3 best paybaclc. If this vehicle was 100% highway iniles, then it would be 14-15 years paybaclc. 4 Gallivan stated it was reverse than what he was thinking. Then asked if the vote fails 5 which it did, then it would go with the hybrid vehicle. Cheek then brought up that there 6 are more pieces of equipment on item #1 than the SUV there are three other pieces. Martin 7 stated that if the Board would like to vote on the other three pieces of equipment then it would be 8 clear. 9 10 Campbell aslced Jolui ILiught if the motion fails if the vote is tied at 3-3. ILiught stated that once 11 the motion is made it requires a majority of the vote, anything less or a tie, it does fail. There are 12 two options, one is to do nothing, and the next is to inalce a inotion to reconsider. Cheek asked 13 if the Board can come up with their own motion regarding that item to eliminate an item. 14 ILiught stated that once you get back to that item to reconsider you can. 15 16 Russell made the motion to reconsider item #1. Gallivan seconded that motion. The vote 17 reconsider was 5-0 (Robinson had left the meeting at this time). 18 19 Smith asked why the three additional pieces of equipment was on this item. Martin 20 answered that we do not bring all of the equipinent forward at one tiine. Fleet processes all of ? 1 the equipment across the city. ?3 Smith asked to reconsider item #1. Cheek stated he would like to amend the item to ?4 remove the first piece of equipment (SUV) for consideration of approval. Russell seconded 25 the amendment. Smith stated that there has been a motion and seconded to approve item 26 #1 with the exception of the SUV that piece would be eliminated from this vote. The Board ?7 is approving items 2, 3 and 4 on the consent agenda item 1. Vote 5-0 approved. 28 ?9 Adjourned at 11:30am ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE HOUSTON GALVESTON AREA COUNCIL OF GOVERNIVMENTS AND BUY BOARD COOPERATIVE PURCHASING NETWORIL FOR THE ACQUISITION OF FIVE VEHICLES AND/OR EQUIPMENT ITEMS FOR VARIOUS CITY OF DENTON DEPARTMENTS BY WAY OF 1NTERLOCAL AGREEMENTS WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 4725- PURCHASE OF VEHICLES AND EQUIPMENT FOR CITY OF DENTON AWARDED TO MULTIPLE VENDORS 1N THE AMOUNT OF $21721,019). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of Goveriunent (H-GAC ) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordatice with the procedures of state law on behalf of the City of Denton; and WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a desigiated employee has reviewed and recommended that the herein described inaterials, equipinent, supplies, or services can be purchased by the City through the Houston-Galveston Area Council of Government (H-GAC) and Buy Board Cooperative Purchasing Networlc programs at less cost than the City would eYpend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered file for materials, equipinent, supplies, or services, are hereby approved. ITEM NLJIVIBER VENDOR AMOUNT 1 Caldwell Chevrolet $ 49,560 2, 5 Southwest International $ 164,184 4 AG-Power Inc $ 58.2 75 Total for Velucles/Equipment $ 22 722,019 SECTION By the acceptance and approval of the above numbered items set forth in the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC or Buy Board for such iteins and agrees to purchase the inaterials, equipinent, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the above listed agencies, and the purchase orders issued by the City. SECTION 3. Should the City and persons subinitting approved and accepted iteins set forth in the SECTION 1, wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by H-GAC or Buy Board, the City Manager or lus designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to H-GAC or Buy Board, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enuinerated iteins, the City Council hereby authorizes the eYpenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2011. MARIL A. BLJRROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ~ BY: 3-URD-File 472S AGENDA INFORMATION SHEET AGENDA DATE: June 7, 2011 Questions concernin~ this acquisition may be directed DEPARTMENT: Materials Management to Bryan Langley at 349-82?4 ACM: Jon Fortune d' T SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, TeYas, authorizing the City Manager or lus designee to eYecute a First Amendment to a Professional Services Agreement for Audit Services with Weaver and Tidwell, LLP; authorizing the expenditure of funds therefor; and providing an effective date. FILE INFORMATION Weaver and Tidwell, L.L.P., currently provides external auditint', services to the City. On July 15, 2008, the City of Denton awarded RFSP 4033-Audit Services to Weaver and Tidwell, L.L.P., in the not to eYCeed amount of $141,000 for 2008, $145,500 for 2009 and $151,500 for 2010. The original contract terms allowed for the renewal of the agreement for two (2), one-year extensions after the coinpletion of the audit for Fiscal Year 2010. The attached First Ainendinent clarifies the eYtension terms and conditions provided in the original contract, and sets the fee for Fiscal Year 20 11 at $151,500. Tlus amendment further delegates to the City Manager or lus designee the authority to exercise the optional extension for Fiscal Year 2012. The audit services contract is scheduled to eYpire with the completion of the audit for Fiscal Year ?0 1?. Staff will begin developing a new Request for Proposal (RFP) for audit services in 2012 to provide for a new, five-year audit services agreement that will be presented for consideration to the Audit/Finance Committee in early 2013. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 3, 2008, the Audit/Finance Committee reviewed the audit services bids and recommended City staff award Weaver and Tidwell, L.L.P. a contract to provide the City's audit services. On July 15, 2008, the City Council approved Ordinatice No. 2008-145 engaging Weaver and Tidwell, L.L.P., to provide the City's audit services. RECOMMENDATION Staff recommends approval of this First Amendment to the City's audit services contract with Weaver and Tidwell, L.L.P. in an amount not to eYCeed $151,500, as well as the delegation to the City Manager or lus designee the authority to eYercise the optional eYtension for Fiscal Year 2012. Agenda liiformation Sheet June 7, 20 11 Page 2 PRINCIPAL PLACE OF BUSINESS Weaver and Tidwell, L.L.P. Dallas, TX FISCAL INFORMATION Audit service fees for the fiscal period ending September 30, 2010, were $151,500.00. The audit fees relating to Fiscal Year 21011 will be $151,500.00 charged to Operating Account 4162100.7852-Audit Expenditures. Respectfully submitted: ~ Antonio Puente, Jr., 349-7283 Assistant Director of Finance i-Azs_Fiiz 4,,;; oRDIrrArrcE No. AN 4RDiNANCE OF THE CITY COUNCIL OF THE CITY OF DENTQN, TEXAS AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT FOR AUDITING SERVICES WITH WEAVER & TIDWELL, LLP; AUTHORIZING THE EXPENDITURE OF FUNDS THEREF4R; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS: SECTIDN 1: The City Manager, ar his designee, is hereby authorized to execute a First Amendment to a Professianal Service,s Agreement for Auditing Services with Weaver & Tidwell, LLP in substantially the form af the First Amendment to Professional Services Agreement for Auditing Services attached hereto and incorporated herein by re£erence. SECTION 2: The expenditure of funds as provided in the attached First Amendment to Professional Services Agreement for Auditing Services is hereby authozized. SECTION 3: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 20ll. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ZAOurp-mslOrdinsucestl llweaver tidw J] amendment,QOe 1 FIRST AMENDMENT TO PRQFESSIQNAL SERViCES AGREEMENT FOR AUDITING SERVICES STATE QF TEXAS § COUNTY OF DENTON § This First Amendment to Professional Services Agreement for Auditing Services ("the Amendment") is executed and effective as nf the dates set forth below, by and between the City of Dentan, a Texas home-rule municipal corporation (the "City") and Weaver and Tidwell, L.L.P. (the "Auditor"). WHEREAS, pursuant to that certain Professional Services Agreernent for Aud'zting Services (the "Original Agreement"), dated on or about July 15, 2008, Auditor agreed to perform auditing services for the City, as rnore particularly described in the Original Agreement; WHEREAS, the Auditor has performed such services in a satisfactory manner to the City and remains the best and most qualified auditar to perform such sezvices; WHEREAS, tlae Czty desixes that Aud'ator perform such services for the fiscal pear ending September 30, 2011, and that the City have an aption to extend the Original Agreement fax one additzonal term, such term covering #he fiscal year ending September 30, 2012; WHEREAS, City and Auditor are atnenable fo amending the 4zigizaal. Agreement ta provide far such extensions. NOW, THEREFORE, for and in consideratzon of the promises axid mutual covenants and grovisians herein, the receipt and sufficiency of which are hereby aclnowledged, City and Auditnr hexeby agree as follows: 5ection 1. Article 3 af the Qrigina.l Agreezxaent is hereby deleted in zts entzrety and is replaced with the fallowing: 3. Duration of Agreement This Agreernent for audit services as specified herein fox #he financial sta.tements of City perkains to Crty's fiscal years ending Saptember 30, 2008, September 30, 2009, September 30, 2010, and September 30, 2011 and, if City exercises its option pursuant ta Article 6, City's fiscal yeaz ending September 30, 2012, unless sooner terminated in accordance with Article 14. Tltis Agreement may ba sooner terminated zn accordance with the provisinns hereof. If the City exercises the aption, the extension shall be considered part of this Agreement. This extensian option may be exercised by the City by providing notice to Auditor on or before September 30, 2011, o£ its desire to exercise such optian. Section 2. Article 5 of the Original Agreement is hereby deleted in its entirety and is replaced with the following: 5. Responsibilities of the City City understands that the proper and timely completion of Audifor's services hereunder requires the reasonable cooperation of City (inaluding, without limitatian, its agencies and their respective offioers, dixectors, employees, other personnel, and agents). City agrees to provide'all such reasonable cooperatian requested by Auditflr, including, wi.#hout limitation, the following; A. Access ta, and/or copies of City's books and records; B. Access to City personnel; C. Office apace and access to support sezvices such as copying and telephone; D. Written representations from City's attorneys, both internal and external; the latter may bill City for such services; E. Written representa.tions frorn City about the financial statements and other matters; and F. Closing of City's books and records of account in aCCpTCialI.CB with laws, regulations, and professional standards applicable to the services provided hereunder. Section 3. Article 6 af the Original Agreement is hereby deleted 'zn its entirety an.d is replaced wx,th the following: Page 2 5. Renewal City is hereby granted an aption to extend the fexm of this Agreement one (1) additionai f sca.l year, such year ending September 34, 2012. The City may exercise such option to extend by providing notice, as set forth in Article 3, above, to Auditor. Section 4. Paragraph A of Article 7 of the Original Agreement is hereby dele#ed in its entirety and is replaced with the following: 7. Compensation A. Czty shall pay Auditor for time charges and expenses incurred. Auditnr's standard haurly rate varies accnrding to the degree of responsibility involved and the experience level of the personnel assigned to City's audit. Except as provided hereunder, Auditor's fees for #11e performan.ce of the services describad in Section 2 shall be limited by the n.ot to exceed figures set fnrth herein and charged at the rates set forth under Appendix A. For the fiscal years ending Septernber 30, 2008, 2009, 2010, 2011; and if applicable option year 2012, shalf not exceed thesa respective amounts: $141,000 for 2008; $145,500 for 2009; $151,504 for 2010, and $151,500 for 2011. Shouid the City choase to exercise its option for the renewal of this Agreement in the fiscal year ending in 2012, Auditor fees will be adjusted using the Cnnsumer Price index for the Dallas Metroplex and the year ended September 30, 2011 as the base year. Section 5. Any action that the City is required or permitted to taice under the Oxiginal Agreement, as amended hereby, including, without limitation, the exercise of the option to extend the Original Agreement, as providcd in Article 3 and Article b hereof, is hereby delegated by the City Council of the City of Denton, Texas ta the City Managez of the City of Denton, Texas, or his designee. Section 6. Auditor and City hereby ratify, confirzn, and revive the Original Agreement, as amended hereby, and a.ll of its terms and provisions, and hereby stipulate that the Original Page 3 Agreement is and remazzas valid and subsisting as ariginally provided, except as expressly rnodified or aanended herein. I"e IN WITNESS HEREOF, this Amendment is executed by the parties on the 4~ day of 2011, but effective for all purposes as of March 31, 2014. v CITY Ok' DENTON BY: GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER'VdALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AhTITA BURGESS, CZTY ATTORNEY N BY: Page 4 ~r WEAV~R AND TIDWELL, L.L.P. $Y: . . ~ ~ ~ ~ z:trnu vommr*tc400dui- daw'R Page 5 AGENDA INFORMATION SHEET AGENDA DATE: June 7, 2011 DEPARTMENT: Airport All ACM: Jon Fortune p t SUBJECT Consider adoption of an ordinatice authorizing the City Manager to approve a tlurd amendment to an Airport Lease dated Septeinber 15, 1987 as amended by Ordinance 2010-297 dated Septeinber 7, 2010 and by Ordinance 2011-035 dated March 1, 2011 between the City of Denton, Texas and First Financial Resources, Inc. at the Denton Municipal Airport and providing an effective date. (The City Council Airport Committee recommends approval 3-0). BACKGROUND First Financial Resources, Inc. owns a 6,000 square foot hangar constnicted on an Airport ground lease first approved in September 1987. Hatigar eiilargement and renovations were constnicted by First Financial Resources, liic. early in 2010. The lease has a primary term of twenty-three (23) years with three (3) consecutive options to renew for a five (5) year period each. The priinary terin of twenty-three (23) years expired on Septeinber 15, 2010. Section VII, B, ? and 3 of the lease state the following: 2. Assiiyiiptaon. All buildings and improvenients of wliatever natiire reyiiaining iipon tlie leasetl premases at tlie end of tlie prinucry teryiz, or any extension tliereof, of tliis letcse shcill crutonurticcilly beconie the pNOperty, of LessoN crbsolutely in fee without cost to Lessoi. 3. Biiiltline Life. It is tcgreetl tliat tlie life of tlie biiiltling to be constructed by Lessee on the pNOperty, herein lecrsecl is tri~enty-thNee (23) yecrrs. Section III, Terin, contains the followin~ requirement related to each 5-year renewal: The rental and terms to be negotiated shall be reasonable and consistent with tlie tlien value, rentals and teryizs of siynilar property on tlie Airport. " Tlus is the first eiiforcement of the assumption clause at Denton Airport where the iiutial lease term has terminated. Over the neYt ten (10) years there are three ground leases wluch will reach the end of the priinary lease terin and each have a siinilar reversion clause. These are as follows: Agenda liiformation Sheet June 7, 2011 Page 2 of 3 First Financial 9/15/2010 Harold Culp 1/14/2014 Dr. J. R. Almand 4/30/2015 City staff is currently reviewing the terms for assumption of property improvements under similar provisions in Airport property leases. The consulting firin SAMI Manageinent, Inc. has been engaged by staff to study the reversion clause used in Denton Airport ground leases and to offer alternative options with a benefit analysis of each. Tlus firm has performed similar lease atid airport property atialysis on other general aviation reliever airports in North TeYas and in other states. The consultant's report will be reviewed by City staff and presented to the City Council Airport Committee in Ju1y 2011. lii order to hold the option open to provide First Finaticial Resources, liic. the sai-ne terms atid conditions for assumption as may be ai-nended by the City Council for other tenants on the Airport, Airport staff first negotiated an extension of the primary term for the current lease which was approved by the City Council in Septeinber 2010. This is the third proposed eztension of the First Finaticial Resources, liic. lease atid will eztend the primary term of the lease by an additional 120 days to eYpire October 13, 2011. Attached as an exhibit is a letter froin First Financial Resources, Inc. requesting an opporhinity to renew their current lease for a new tlurty (30) year term without eiiforcement of the assumption clause. FISCAL IMPACT The ground lease rate for First Financial Resources, liic. has escalated through Consumer Price Index adjustments since the inception of the lease to a current rate of $0.1148 per square foot annually ($2,745). The current inarlcet rate for siinilar ground lease on the Airport is $0.19312 per square foot aiuiually ($4,618), wluch is equivalent to a 68% aiuiual increase for the First Financial Resources, liic. ground lease. Although an appraisal of the iinproved hangar on this lot has not been perforined, the estiinated marlcet value of the hangar is at least $2150,000. The current marlcet rental rate for similar hangar space is estimated to be between $12,000 and $15,000 aiuiually, including the ground lease rental. PRIOR ACTION 1. First six (6) month lease extension approved by City Council September 7, 2010 2. Second three (3) inonth lease extension approved by City Council March 1, 2011 3. City Council Airport Committee reviewed the request for a tlurd eYtension on May 17, ?011 and recommends approval. Agenda liiformation Sheet June 7, 2011 Page 3 of 3 RECOMMENDATION Airport Staff recoininends approval of the extension for 120 days of the priinary terin for the First Financial Resources, liic. lease. EXHIBITS 1. EYCerpt from minutes of City Council Airport Committee meeting on May 17, 2011 Lease Agreement 3. Letter froin First Financial Resources, Inc. requesting a thirty (30) year lease renewal 4. Ordinance to approve the First Financial Resources, Inc. lease extension for 120 days Respectfully submitted, Quentin HiY Airport Manager EXHIBIT 1 Excerpt from Meeting Minutes City Council Airport Committee Tuesday, May 17, 2011 Item 3: Receive a report, hold a discussion and provide a recommendation to City Council regarding a proposed lease extension of 120 days for the First Financial Resources, Inc., property located at 910 Aeronca at Denton Airport. Airport Manac-1,er, Quentin Hix shared the baclcground of the initial lease with First Financial that was first approved in Septeinber 1987. Tlus eYtension is the tlurd proposed eYtension and will eYtend the primary term of the lease by an additional 120 days to eYpire October 13, 2011. The lease had a primary term of twenty-three (23) years with three (3) consecutive options to renew for a five (5) year period. The primary term eYpired on September 15, 2010. Hix explained that this is the first enforcement of the assumption clause at Denton Airport where the iiutial lease term has eYpired and over the neYt ten (10) years, there will be three ground leases that will reach the end of the primary lease term and each have a similar reversion clause. City Staff is currently reviewing the terms for assumption of property improvements under siinilar provisions in Airport property leases. The consulting firm of SAMI Management, liic., has been engaged to study the reversion clause used in Denton Airport Ground leases and to offer options with a benefit analysis of each. The consultant's report will be reviewed by Staff and presented to the City Council Airport Committee in June 2011. In order to allow time for this process, staff recommends approval of a tlurd amendment eYtension for the 120 days of the primary term for the lease. Council Member En~elbrecht asked for questions and comments from the committee. Following a short discussion coiif'irming the benefits of the additional eYtension time for both parties, Mayor Pro Tem Pete ILamp moved that the committee recommend to Council the extension for 120 days of the primary term for the First Financial Resources, Inc., with a second from Council Meinber Watts. Motion carried unaiumously. . ~ J 1963L EXHIBIT 2 #o, RESOLUTION N0. &1'0~ A RESOLUTION APPROVII3G A LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND FIRST FINAI3CIAL RESOURCES, INC., AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton owns property available for lease at the Aenton Municipal Airport; and WHEREAS, Financial Resources, Inc., a Texas corporation, desires to lease property at the Denton Municipal Airport and to use the same for hangar construction, hangar rental and related aeronautical purposes; and WHEREAS, the City of Denton desires to lease property upon the Airport for such purposes; and WHEREAS, the Airport Advisory Board has recommended a lease agreement with First Financial Resources, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON THAT: SECTION I. The Airport Lease Agreement (Commercial Operator) between the City of Dentan and First Financial Resources, Inc., attached hereto and incorporated herein by reference, is hereby approved. SECTION II. The Mayor is hereby authorized to execute the attached lease agreement on behalf of the City. SECTION III. This Resolution shall be effective immediately upon its passaqe and approval. , 1987. PASSED AND APPROVED this the „'~'r4 daY of,da ~ . RAY S Phl-I~NS, AYOR f ATTEST: ' r ! - JE E ALT itR S, C TY SE~RETARY AP ROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 17 /41,15 B Y , . l. L 1964L i ° THE STATE OF TEXAS S COUNTY OF DENTON S EXHIBIT 2 COMMERCIAL OPERATOR LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND FIRST FINANCIAL RESOURCES, INC. A This lease is made and executed this the `'t'"' day af , 1987, at Denton, Texas, by and between the C p y o Denton, a Municipal Corporation, hereinafter referred to as "Lessor", and First Financial Resources, Inc., a corporation, having its principal offices at 611 Kimberly Drive, Denton, Texas, hereinafter referred to as "Lessee". WITNESSETH: WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the City of Denton, County af Denton, State of Texas; and WHEREAS, Lessee c1esires to lease certain premises on said airport and construct and maintain an aircraft hangar and related aviation facilities thereon; and NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement, the parties agree as follows: I. CONDITIONS OF AGREEMENT NOT1n1ITHSTANDING ANY LANGUAGE `r0 THE CUNTRARY HEREINAFTER CON- TAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING. A. Principles of Operations The right to conduct aeronautical activities for furnish- ing services to the public is granted the Lessee subject to Lessee agreeing: 1. To furnish said serVices on a fair, equal and not unjustly discriminatory basis to all users thereof; and 2. To,charge fair, reasanable and not unjustly discrimina- tory prices for each unit or service; provided, that the lessee may be allowed to make reasonable and non- discriminatory discounts, rebates, or ot12e-- si.mila_►- types of price__reduct_ions--to -volu-me purch_asers. - - - B. Non-Discrimination The Lessee, for himself, his personal representatives, successors in interest, and assigns, as a part of the EXHIBIT 2 i ° consideration hereof, does hereby covenant and agree as a covenant running with the land that: 1. No person on the grounds of race, reliqion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; 2. In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; 3. The Lessee, shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Trans- portation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation-Effectual of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. C. Right of Individuals to Maintain Aircraft It is clearly uncierstood by the Lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporatian operating aircraft on the airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choase to perform. D. Non-Exclusive Right It is understood and agreed that nothing herein containea shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 1349 of Title 43, U.S.C.A. E. Public Areas 1. Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of the Lessee, and without interference or hindrance. - _ 2. Lessor sha11 be obligated to maintain and keep in repair the landing area of the airport and all publicly owned PAC;E 2 EXHIBIT 2 t a facilities of the airport, together with the right to direct and control all activities of Lessee in this regard. 3. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. 4. Lessor reserves the right to take any action. it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of the Lessor, would limit the usefulness or safety af the airport or constitute a hazard to aircraft or to aircraft navigation. 5. This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the Airport. II. LEASED PREMISES Lessor, for and in consideration of the'covenants and agree- ments herein contained, to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby hire and take from Lessar, the following described land situated in Denton County, Texas: A. LAND: A tract of land, being approximately 23,915 square feet or 0.508 acres, drawn and outlined on Attachment "A" and shown as Tract TI, such attachment incorporated herein by reference. Together with the right of ingre: perty; and the right, in common with passage upon the Airport property reasonable regulations by the City of shall extencl to Lessee's employees, invitees. >s and egress to said pro- others so authorized, of generally, subject to Denton; and such rights passengers, patrons and r^o-r- the -ga-rpuoC6 of trtis agreement, _the term_ "Premi_ses_"__ - - - - shall= = mean a-11 property -Focated within the- metes and bounds described in Attachment "A" as Tract II, ineluding leasehold improvements constructed by the Lessee, but not including certain easements or property owned and/or controlled by the Lessor. PAGE 3 EXHIBIT 2 ~ a B. IMPROVEMENTS PROVIDED BY LESSOR: NONE: There will be no improvements provided by Lessor, except as set forth in Article II., D, "AccesS to Utilities" below. For the purpose of this agreement, the term "Lessor improvements" shall mean those things on the leased premises belonging to, constructed by, or to be constructed by the Lessor, which enhances or increases, or will enhance or increase, the value or quality of the leased land or property. Unless otherwise noted herein, all Lessor improvements are and will remain the property of the Lessor. All Lessor improvements must be described in detail above, or above referenced and attached to this agreement in an exhibit approved by the Lessor. C. EASEMENTS Lessor and Lessee by mutual agreement may establish on the leased premises easements for public access on roacis and taxiways. D. ACCESS TO UTILITIES Lessor represents that there are water, and 3-phase elec- tricity lines within three hundred feet (300') of the leased premises available to "tap-in° by Lessee, and that the same are sufficient for usual and customary service on the leased premises. III. TERM The term of this Agreement shall be fo period of twenty- three (23) years, commencing on~ day of September, 1987, and continuing through the ay of September, 2010, unless earlier terminated under the provisions of the Agreement. Lessee shall have the first right of refusal to renegotiate this lease for three (3) additional five year periods at rentals and terms mutually agreed upon by the Lessor and Lessee without regard for or considering the then cost of living index. Lessee's election to renegotiate this Lease shall be in writing addressed to the City Manager at least one hundred eighty (180)- days before the expiration of the primary term of twenty-three (23) years and at least 180 days before the expiration of each additional renegotiated period. The rental and terms to be neaotiated sha] 1 bP r_e_as_onahlP ?.-n-d rorts~~t~} wi-t h__t h p t h en va-1 u e-, r-e-n t a 1 s _a-n d_ te-r-_ _m_s---o-f a-i-m i 1-ar-p:r ope-r t y_- o ri__ - - the Airport. Lessee's first right of refusal to renegotiate this lease shall expire upon the end of the last day of the pri.mary term of twenty-three (23) years and the last day of each PAGE 4 EXHIBIT 2 -4 additional renegotiated period. IV. PAYMENTS, RENTALS AND FEES Lessee covenants and agrees to pay to Lessor, as consideration for this lease, the following payments, rentals and f ees : A. LAND RENTAL Land rental shall be the sum of One Thousand Six Hundred Seventy-four pollars and Five Cents ($1,674.05) per year, payable in twelve (12) equal monthly installments in the sum of One Hundred Thirty-three Dollars and Fifty Cents ($133.50) in advance, on or before the first day of each and every month dur- ing the term of this agreement. Notwithstanding the foregoing, the lease rental is to be reduced by tihe product of $0.07565 per square foot times the number of square feet comprising all easements established in accordance with Article II(c). B. LESSOR IMPROVEMENTS RENTALS NONE: There are no Lessor. improvements on the leased premises. C. PAYMENT, PENALTY, ADJUSTMENTS: All payments due Lessor from Lessee shall be delivered to the Airport Manager, unless otherwise designated in writing by the Lessor. Payments which are more than 15 days past due shall be assessed a penalty of one-half (1/2) of one percent per day, compounded daily, for each day or fraction .thereof which the payment or fee is more than 15 days past due. ~,The yearly rental for land and improvements herein leased shal.l'''be readjusted at the end of each five (5) year period during the term of this lease on the basis of the proportion that the then current United States Consumer Price Index, All Urban Consumer (CPI-U) for Dallas/Fort Worth, Texas, as compiled by the U.S. Department of Labo_r, Bureau of Labor Statistics bears to the March,'1985 index which was 335.6 (1967 = 100). The original land rerital amount is based upon $0.07565 per square foot for the land herein leased. However, in no event shall any subsequent rental adjuistment exceed fifty percent (50%) of the immediately preceeding established rental. The four (4) rental adjustments, if any, shall occur on the following dates: C;PFt_emb e_r_l-5 , 1990 Ce p_t ~m_b e r .1-5 ► ?-0-0~ - - - - September 15, 1995 Sept:ember 15, 2005 PAGE 5 EXHIBIT 2 fA V. RIGHTS AND OBLIGATIONS OF LESSEE A. USE OF L,EASED PREMISES Lessee is granted the non-exclusive privilege to engage in or provide the following: 1. Hangar Leases and Rental. The rental or lease of hangars and hangar space and related facilities upon the leased premises. 2. Office Space Lease or Rental. The rental or lease of office space in or adjaining Lessee's hangars. 3. Aircraft Storage and Tie Down. To provide parking, storage and tie down service, for both Lessee's and itinerant aircraft upon or within the leased premises. Lessee, his tenants and sublessees shall not be authorized to conduct any services not specifically listed in this agree- ment. The use of the lease premises of Lessee, his tenants or sublessees shall be limited to only those private, commercial, retail or industrial activities having to do with or related to airports and aviation. No person, business or corporation may operate a commercial, retail or industrial business upon the pre- mises of Lessee or upon the Airport without a lease or license from Lessor authorizing such commercial, retail or industrial activity. The Lessor shall not unreasonably withhold auth- orization to conduct aeronautical or related services. B. STANDARDS Lessee shall meet or exceed the following standards: 1. Address. Lessee shall file with the Airport Manager and keep current its mailing address, telephone number(s) and contacts where he can be reached in an emergency. 2. List. Lessee shall file with the Airport Manager and keep current a list of its tenants and sublessees. 3. Conduct. Lessee shall contractually require its employers and sublessees (and sublessee's invitees) to abide by the terms of this agreement. Lessee shall promptly enforce its contractual ri aht-s in +-rA Avon} -vf a default of such covenant-G_ - ` 4. Utilities, Taxes and Fees. Lessee shall meet all expenses and payments in connection with the use of the PAGE 6 EXHIBIT 2 premises and the rights including the timely permit fees, license levied or assessed. 4 and privileges herein granted, payment of utilities, taxes, fees and assessments lawfully 5. Laws. Lessee shall comply with all current and future federal, state and local laws, rules and regulations which may apply to the conduct of business contemplated, including rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all necessary and/or required licenses or permits. 6. Maintenance of Property. Lessee shall be responsible for the maintenance, repair and upkeep of all property, buildings, structures and improvements, including the mowing or elimination of grass and other vegetation on the premises, and shall keep said premises neat, clean and in respectable condition, free from any objectionable matter or thing. 7. Unauthorized use of premises. Lessee may not use any of the leased land or premises for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for industrial, commercial or retail purposes, except as authorized herein. 8. Dwellings. It is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the leased premises nor may the lessee, his tenants, invitees, or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises. 9. Quit Possession. Lessee shall quit possession of all premises leased herein at the end of the primary term of this lease or any renewal or extension thereof, and deliver up the premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted. 10. Ho1d Harmless. Lessee shall indemnify and hold harmless the Lessor from and against all loss and damages, including death, personal injury, loss of property or other damac;es, ari.-,; nq nY ___the_ operation_of___Lessee--=-s busin_ess_- in_- an:d upon-=- the=- leased premises. PAGE 7 EXHIBIT 2 0, 11. Chemicals. Lessee agrees to properly store, collect and dispose of all chemicals and chemical residues; to properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products; and to comply with all Local, State and Federal regulations governing the storage, handling or disposal of such chemicals and paints. D. SIGNS During the term of this Agreement, Lessee shall have the right, at its own expense, to place in or on the lease premises signs identifying Lessee. Said signs shall be of a size, shape and design, and at a location or locations, approved by the Lessor and in conformance with any overall directional graphics or sign program established by Lessor on the Airport. Lessor's approval shall not be withheld unreasonably. Said signs shall be maintained in good repair throughout the term of this agreement. Notwithstanding any other provision of this agreement, said signs shall remain the property of Lessee. Lessee shall remove, at its expense, all lettering, signs and placards so erected on the premises at the expiration of the term of this Agreement or extensions thereof. VI. CQVENANTS BY LESSOR Lessor hereby agrees as follows; A. Peaceful Enjoyment. That on payment of rent, fees, and performance of the covenants and aqreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and privileges herein granted• B. Compliance. Lessor warrants and represents that in the establishment, construction and operation of said Denton Municipal Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal Aviation Administration, or any other governmental author.ity relating to and includinq, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations over adjoining property in the course of normal take-off and landing procedures from said Denton Municipal Airport; Lessor further warrants and represents that at all times during the term hereof, or any renewal or extension of same, that it will continue to comply with the foregoing. PAGE 8 EXHIBIT 2 ~ VII. SPECIAL CONDITIONS It is expressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditions: A. Runways and Taxiways. That because of the present sixty thousand (60,000) pound continuous use weight bearing capacity of the runway and taxiways of the Airport, Lessee herein agrees to limit all aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of sixty thousand (60,000) pounds or less, until such time that the runway and designated taxiways on the Airport have been improved to handle aircraft of such excessive weights. It is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that the Lessee agrees to abide by any such changes or revisions as such studies may dictate. "Aeronautical Activity" referred to in this clause shall include that activity ot the Lessee or its agents or subcontractors, and its customers and invitees, but shall not include those activities over which it has no solicitary part or control, such as an unsolicited or unscheduled or emergency landing. A pattern of negligent disregard of the provisions of this section shall be sufficient to cause the immediate termination of this entire Agreement and subject the Lessee to be liable for any damages to the Airport that might result. B. OWNERSHIP OF IMPROVEMENTS: Al1 buildings and improvements constructed upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor under the following conditions, terms and provisions: 1. Removal of Buildings. No building or permanent fixture may be removed from the premises. 2. Assumption. All buildings and improvements of whatever nature remaining upon the leased premises at the end of the primary term, or any extension thereof, of this lease shall automatically become the property of Lessor absolutely in fee without any cost to Lessor. 3. Building Life. It is agreed that the life of tne building to be constructed by Lessee on the property herein leased is twenty-three (23) years. 4. Cancellation. Should this lease be cancelled for any reason before the end of the twenty-three (23) year PAGE 9 EXHIBIT 2 0 term, it is especially understood and agreed that Lessor reserves the right to purchase all buildings, structures and improvements then existing upon the premises by tendering to Lessee one-twenty-third (1/23) of the undepreciated value of such building for each year remaining on the agreed life of such building. The undepreciated value of all improvements is to be determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by the two appraisers. VIII. SUBROGATION OF MORTGAGEE Any person, corporation or institution that lends money to Lessee for construction of any hangar, structure, building or improvement and retains a security interest in said hangar, structure, building or improvement shall, upon default of Lessee' obligations to said mortgagee, have the right to enter upon said leased premises and operate or manage said hangar, structure, building or improvement according to the terms of this Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever comes first, but in no event longer than the term of this lease. It is expressly understood and agreed that the right of the mortgagee referred to herein is limited and restricted to those improvements constructed with funds borrowed from mortgagee. IX. RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of providing underground utility services to, from or across the airport property or for the construction of public facilities on the Airport. However, any such easements shall not interfere with Lessee's use of the leased premises and Lessor shall restore the property to its original condition upon the installation of any utility services on, in, over or under any such easement or the conclusion of such construction. Construction in or at the easement shall be cc5inpleted within a reasonable time. X. ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assign this lease, convey more than ten percent (10%) of the interest in its business, through the sale of stock or otherwise, transfer, license, nor sublet the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down space, without the written consent of Lessor. Lessor agrees that it will not unreasonably withhold its approval of such sale, PAGF 10 EXHIBIT 2 sublease, transfer, license, or assignment of the facilities for airport related purposes; provided however, that no such assignment, sublease, transfer, license, sale or otherwise shall be approved if the rental, fees or payments, received or charged are in excess of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion of the premises proposed to be assigned, subleasec1, transferred, licensed, or otherwise. The provisions of this lease shall remain binding upon the assignees, if any, of Lessee. XI. INSURANCE A. Required Insurance. Lessee shall maintain continuously in effect at all times during the term of this agreement, at Lessee's expense, the followinq insurance coverages: 1. Comprehensive General Liability covering the leased premises, the Lessee or its company, its personnel and its operations on the airport. 2. Aircraft Liability to cover all flight operations of lessee. 3. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to this agreement. 4. Liability insurance limits shall be in the following minimum amounts: Bodily Injury and Property Damage: $1,000,000 combined single limits on a per occurrence basis. 5. All policies shall name the City of Uenton as an addi- tional named insured and provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any caricellation or lapse of such policies. 6. Al1 policies must be approved by the Lessar. 7. The Lessor shall be provided with a copy of all such policies. B. During the original or extended term of this L,ease, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any PAGE 11 EXHIBIT 2 t additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor; provided however, that any require- ments shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport, in size and in scope of aviation activities, located in the southwestern region of the United States. Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be required by the Lessor through- out the original or extended term af this lease, including types of insurance and monetary amounts or limits of insurance, and to comply with said insurance requirements within sixty (60) days following receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. Lessee shall have the right to maintain in force both types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements. In the event that State Law should be amended to require types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance andjor amount of insurance as specified by State Law. Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this lease. XII. CANCELLATION BY LESSOR In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall tiake jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of its estate herein by otner operation of 1aw; or Lessee shall fail to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or default sha11 continue for thirty (30) clays after the receipt of such notice by Lessee, then Lessor may, terminate this lease by a written notice to Lessee. In the event of default, Lessor has the right to purchase any or all structures on the leased premises under the provisions of Paragraph B, 4. Cancellation of Section VII. PAGE 12 EXHIBIT 2 ~ XIII. CANCELLATION BY LESSEE Lessee may cancel this Agreement, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: (1) issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of said airport or any part thereof for airport purposes; (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach; (3) the inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualty; or (4) the aasumption or recapture by the United States Government or any authorized agency thereof the maintenance and operation of said airport and facilities or any substantial part vr parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such that the leased premises cannot be used for aviation purposes, then Lessee may cancel this lease as aforesaid, or may elect to continue this lease under its terms except however that the use of the leased premises shall not be limited to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time. XIV. MISCELLANEOUS PROVISIONS A. Entire Agreement. This Agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prior or independent agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by bath parties. B. Binding Effect. All the.-covenants, stipulations and agreements herein shall extend to, bind and inure to the benefit of the legal represen- tatives, successors and assigns of the respective parties hereto. C. Severability. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, PAGE 13 EXHIBIT 2 . ~ the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. D. Notice. Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid as follows: 1. If to Lessor, addressed to: City Manager City of Denton Denton, Texas 76201 2. If to Lessee, addressed to: First Financial Resources, Inc. 611 Kimberly Drive Denton, Texas 76202-0271 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. E. Headings. The headings used in this Agreement are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement. F. Governing Law. This Agreement is to be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF DENTON, TEXAS, LESSOR BX: RAY F~HENS, MAYOR ~ PAGE 14 EXHIBIT 2 ATTEST: . JEN FE E S, CITY 5E RETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ~ , BY: THE STATE OF TEXAS § COUNTY OF DENTON S FIRST FINANCIAL RESOURCES, INC., LESSEE B~~ On this /,;~-/2 day of t6,,1- , 1987, before me the undersigned Notary Public, 1~ersonally appeared 16"`M, L. L(-r , personally known to me (or p?oved to I*k on the basis of satisfactory evidence) to be the person who executed the within instrument as (;;r(, of First Financial Resources, Inc., on behalf of the corporation therein named and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. CARIA K. HART NQl"ARY PUBL{C - S1'ATE OF TEXA't NOTARY PUBLIC, STATE OF TEXAS MY COMMISSIOM EXPIRES 4116J9,0 f tE PAGE 15 ~ pencon CouncY deesclheasnd 0~^tOn ~i~P~X~in~A•P•S• nu. p~~cel oE lsnd pY M~chael ~~Q QeccicularlY ` erown, s P~c~n$csh1P~ ana bein9 field notes vcitte^1986. . bY Qateb AVI iI 28• tO11ow5: , pV l158, two t[act as ~Q Acsc[ibed 1n i 1 6 s!CRi:S •.ld Pair.t tn f0[ co[o~ i et~~ pease Q~~• pBGINNSNG i ~anausc ncocMCot Ssid Bcown eec t icao cod toun8 to[ cac ~ :•••~~c;cuu 24p4~ feet to EAST _ Y9.6d . zdeSCg west. 386.85 icon cod Eound Eoc cocneci THENCB NDithi 305.04 Eeet ta; n icon coa sat foc coraeu Sast. 121.1g Eeet to .X+ C~C in conctete__Eot 1. Tn8NC6 ZQ feet to sn ~ ' TµxMCB South. 1/5. ' NNaJXa++porm :i ~ aet for co[ne.. coraec: Eeat to an icon e Oe Mrra~~~ TBB 187.15 f1eC ~o cbe 4iJ~C5 Bast~ ~g YttE~tC6 • 1698 2 a tea of land. 25' 18' ~i9 ~ 1 • e~ 1=pr , ~ r $~j(;SNNING and co~tni~ TPACr II ~.S'.. 0.588 J.CRL'S oin~ gaid P ~Q i B[ Leas.: Ka.~ _ ,.~k"",<:..:~:'.:-:.t~.:;"•d EouoB Eo[ a+n ovn `o~~, . - - - . Bt:G[NNiNG nt a^ icon: oi sald Bt COtnu . ,:•;w.~:'S~ t' t t~aSp OOtIhCdSG ci~e . ~~,c.~,~: w.J~.~e• ° . TRACT uai~y iVon cod set eor .-.rr • A en foc 0.508 ~AL 4 c" M TO~NCE 5 '38'~i' E. 161.07 {eet t° ~anerece 17 25 ~$~COUHSE~S,GUiC. Yl TtIENCB NzsC. 1 87.35 feet eo an •X• cot g k foc i r oocnecs curaecs icoo CoA ~o an and WE5f 18T.34 b ~iP ctb~ ]45.40 faet the PLACS ~F B~IqNLIi~ p . i~ ' ~ fA. : _ ~ . . . . y►. TBENCB No feet to o~ h,~-- f. • cv~~ A~ri . SNBNCS 6asG 117. cc~` of land. ~ containio9 0.508 d ~ \ 714010t lanway _ . ; , TF•;ACT I ` _ f s~e acr~s o z , . V A PaEite~ a ~ rz> >s"CMv ---To.w XB ~ 6py_R , O0• s~ 04 r~ Net-Vol ~ x ~ m tpl f~ ~ ND ~ IFICAT~` E~ $NRVBXOB'S, CBitT py `rriF: Nol~ ~KCxrse~ . MDI~ TN}, OWNERS A , r jyp TO. A ust iM1e E►eld Poter tw°.°•:Y.touAT , 3eY °f ~ ay to ih° te acion. c,has ~ tha ~ pn the 9counand AccuCa ° p,yrvaY ~a4i,~ tic~e, ccCCact. siza. ~C Pf dll uc~eY o~ CRe 4ub9eCtnCt~Cbereon aifhai~ snd ss to cha aC10o aieas riqh f vay. dra~ ~d o a11 e knovled9 hovrn q and imP c v~sect f Iding LY u of whicfi I Q ~av subj ~ hLS' ~C to sPa t14. af recordI °r afiactinq achet estteca ~t ~ reoocd. ~8s.n.er ot cne yis0 ntr upon no encro+Ch°e the[e aYe no tneca +=acenc p~aPectys pY anY ~'urvay'oenta n ad] or s11eY cta o= y bY s°e~~p oPec Y` °and ~nera a[e n~` ,.QF f _ . i' •..~a WEST ~OIIRGE~, ~Nu A FINqNCIAL iQt'S RT~ERSH1P FIRSr gRQ~y N, A PQ BR~~~ ~ .t pRDP~'R~ LEA iVT'ON AIR~'ORs s ~cfif5 ~ 'SURVEY PLA, T~CTS IN T~ h q~ 2196 ~ ~Y,~ pBS?RACT No.1285 S jO$~j Sl}RpENTON C0Ug'f, TEXAS JAN MARK SURVEYORS. INC• 207 W. HICKORY s7fi2al DEN?ON, TEXAS i8l71 382-4016 EXHIBIT 3 First. b~q7 Fi nanctal OTNU Inc. August 2, 2010 Quentin Hix, Airport Manager Denton Airport Authority Re: First Financial Resources Inc. Lease - 9/1/10 Aeronca, Denton Airport Dear Mr. Hix: This is in regard to the recent communications initiated about the renewal of First Financial Resources' {"FFR"} September 1987 Lease for the first of three 5 year extensions following the expiration of the primary term. FFR (and its wholly owned subsidiary which primarily utilizes the aircraft based at the Denton airport) has enjoyed a long-term relationship with the airport for 25 years since we moved here only two years before the Lease was made. FFR and its subsidiary, Hulcher Services Inc., reiocated to Denton, Texas because of the centrai iocation of the airport and tihe favorable climate for a good portion of the year. The subsidiary corporation moved its senior management personnel to Denton so they, as well as Hulcher relief crews moving about the entire U.S., could achieve rapid response to almost every location by aircraft based in Denton. When our Company contacted you early in 2010 regarding an addition to our structure at a significant cost there was no ofFer to extend the Lease or enter into a successor "current form" lease for a 25 or 30 year period, although we have since learned that there have been numerous examples of such opportunities proyided to others during the past 15 years or more while FFR has been a tenant. We can appreciate the study currently underway but we are beginning to perceive that FF'R is being treated differently than severa# other tenants who have added on to their buildings and/or added leased space during the same span. From what we know at this point, in every case (or virtually every case) the city has written new leases or extended older leases for terms of 25 t0 30 years. We expect to be treated the same as other tenants. 611 Kimberly Drive • P.O. Box 271 • Denton, Texas 76202-0271 •(940) 382-4599 • Fax (940) 383-2499 EXHIBIT 3 Quentin Hix August 2, 2010 Page 2 Furthermore, as well as having purchased an existing building on which FFR has spent significant sums maintaining and improving through the years, a very substantial amount was put into the aforementioned expansion barely six months ago. FFR pays annual real estate taxes of nearly $3,000 (and that was the tax due January 1, 2010 prior to the recent expansion/enlargement) and we assume that just as the land owned by the City/Airport is not included in the properry owned by FFR subject to taxes, if the buildings were owned by the Denton City Airport those tax revenues would be lost (more than half to the local public school distriet). As a long standing tenant, which never failed to pay the rent or properly maintain its aircraft and its building, with a superior record of safe operations in and out of the airpar-t (and being a fiairly major employer in the City) we ask only for the same treatment which has been accorded to other tenants over the many past years. We would ask to be presented the "standard" lease referred to in the past several Board Meetings; we do not ask for terms more favorable nor expect terms less favorable than others have received. We do not believe it is prudent to enter into a one year extension changing some terms and leaving others as is; we would prefer, if this cannot be fully resolved by September 15, to simply extend the existing lease for 30 or 64 days so the matter does not languish. Sincerely, CX. Byron L. Hart President BLH/ch s:Uegallour documentslordinances1111airport first financial lease 3rd amendment.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPR4VE ATHIRD AMENDMENT TO AN AIRPORT LEASE DATED SEPTEMBER 15,1987 AS AMENDED BY QRDINANCE 2014-297 DATED SEPTEMBER 7, 2010 AND BY ORDINANCE 2011-035 DATED MARCH 1, 2011 BETWEEN THE CITY OF DENTON, TEXAS AND FIRST FINANCIAL RESOURCES, INC. AT THE DENT4N MUNCIPAL AIRP4RT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, certain real property upon the Denton Municipal Airport was leased to First Financial Resources, Inc. in an Airport Lease Agreement, and WHEREAS, the City of Denton and Lessee desire to amend the lease agreement, and WHEREAS, the City Council deems it in the public interest ta approve this one hundred twenty (120) day extension of the Lease; NOW, THEREFORE, THE COUNCIL OF THE CTTY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager ar his designee is hereby authorized to execute a Third Amendment to an Airport Lease Agreement between the City of Denton and First Financial Resources, Inc. at the Denton Municipal Airport which is attached to and made a part of this ordinance for all purposes and to exercise all rights and duties of the City of Denton undex the Airport LeasE Agreement. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTER5, CrTY SECRETARY BY: APPROVED AS TQ LEGAL FQRM: ANITA BURGESS, CITY ATTORNEY ~ r BY: e s ~ ~ THIRD AMENDMENT TO COMMERCIAL 4PERATOR LEASE AGREEMENT BETWEEN CITY OF DENTON AND FIRST FINANCIAL RESOURCES, INC. THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS nis Third Amendment to that certain Commexcial Operator Lease which was first made and executed on September 15, 1987 and amended on September 7, 2010 and March 1, 2011 at Denton, Texas, by and between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor," and First Financial Resources, Inc., hereinafter referred ta as "Lessee". WITNESSETH: WHEREAS, the Lessar and the Lessee have requested an amendment of the Lease term and the City Manager and the Airport Advisory Board support the amendment of the Lease; NOW, THEREFORE, in consideration of the promises and the mutual covenants contained in this Agreement, the parties agree as follows: SECTION III. - TERM OF THE LEASE IS HEREBY AMENDED TO READ AS FOLLOWS: The term of th.is Agreement shalI be for a period of tvventy-three (23) years, commencing on the 15th day of September, 1987 and as amended to continue through the 15th day of June 2011, excegt as amended herebz to extend for one hnndred twenty (120) days through the 13t day of October, 2011, unless earlier termxn.ated under the provisions of the Agreement. Lessee shall have the first right af refusal to renegotiate this lease far three (3) additional five year periods at rentals and terms mutually agreed upon by the Lessor and Lessee without regard for flr cansidering the then cost of living index. Lessee's election to renegotiate this lease shall be in writing addressed to the City Manager at least one hundred eighty (180) days before the expiration of the primary term of twenty-three (23) years as amended hereby to extend for one hundred twenty (120) days and at least 180 days before the expiration of each additional renegotiated period. The rental and terrns to be negotiated shall be reasonable and consistent with the then value, rentals and terms of similar pxaperty on the Airport. Lessee's first right of refusal ta renegotiate this lease shall expire upon the end of the last day of the primary term of twenty-three (23 ) years as amended hereby to extend for one hundred twenty (120) days and the last day of each additional renegotiation period. SECTION IV. - PAYMENTS. RENTALS AND FEES IS HEREBY AMENDED TO READ AS FOLLOWS: Land rental shalt be the sum of Two Hundred Twenty Eight Dollars and Eighty One Cents {$22$.$1} per month effective June 16, 2011 through October 13, 2011, paqable in four (4) equai monthly instalIments in the sum of Tvva Hundred Twenty Eight Dallars and Eighty One Cenfs ($228.81) in advance, on or before the first day of each and every month during the term of this agreement. Notwithstanding the foregoing, the lease rental is reduced by the product of $0.11481 per square foot times the nuznber of square feet compromising all easements established in accordance with Article II (c). SECTION XI. - INSURANCE OF THE LEASE IS HEREBY AMENDED TO READ AS FOLLOWS: C. Indemnitv. Lessee must indemnify, hald harmless and defend the Lessor, its vfficers, agents and employees, from and against liability for any and all claims, liens, suits, demands and/or actions far damages, injuries to persons (including death), property damage, (including loss of use), and expenses, inclnding caurt costs, attorneys' fees and other reasonable costs, occasioned by or incidental to the Lessee's occupancy oar use of the Leased Prernises or the Airport andlor activities conducted in connection with or incidental to this Lease Agreement, including all such causes of action based on common, constitutional or statntory law, or based in whole or in part upon the negligent or iutentional acts or omissions of Lessee, its offcers, agents employees, invitees or other persons. Lessee must at all times exercise reasonable precautians on behalf af, and be solely respansible far, the safety of its officers, employees, agents, customers, visitors, invitees, licensees and other persons, as vcrelt as their property, while in, on, or invoived in any way with the use af the Leased Premises. The Lessor is not liable or responsible for the negligence or intentionat acts or omassions of the Lessee, its officers, agenfs, employees, agents, customers, visitors and other persons. The Lessor shall assume no responsibility or liability for harm, injury, or any damaging events which are directly or indirecfiy aftributable to premise defects, whether real or alleged, which may now exist or which may hereafter arise upon the Leased Premises, responsibility for all such defects being expressiy assumed by the Lessee. The Lessee agrees that this indemnity 2 provisaon appiies to aIl claims, suits, demands, and actions arising from ail premise defects or conditions. THE LESSOR AND THE LESSEE EXPRESSLY INTEND THIS iNDEMNITY PROVISION TO REOUIRE LESSEE TO INDEMNIFY AND PROTECT THE LESSOR FROM THE CONSEOUENCES OF THE LESSOR'S OWN NEGLIGENCE WHYLE LESSOR IS PARTICIPATING IN THIS LEASE AGREEMENT WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE 4F THE INJURY, DEATH. OR DAMAGE. NOTWITHSTANDING THE TERMS OF THE PRECEDING SENTENCES, THIS INDEMNITY PROVISION DOES NOT APPLY TO ANY CLAIM, LOSS, DAMAGE. CAUSE OF ACTION. SUIT AND LTABILITY WHERE THE INJURY, DEATH, OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE LESSQR OR ANY OF ITS EMPLOYEES, CONTRACTORS. OR AGENTS, UNMIXED WYTH THE FAULT OF ANY OTHER PERSON OR ENTITY. ALL OTHER PROVISTONS QF THE LEASE AGREEMENT REMAIN iN FULL FORCE AND EFFECT. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day o£ 2011. BY LESSOR: GEORGE C. CAMPBELL CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 3 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ~ ~ FIRST FINANCIAL RESOURCES, INC. LESSEE: BY: Byron STATE OF TEXAS COUNTY QF DENTON This instrument was acknowledged befare me on the 2-3 day of MG J , 20 by Byron Hart. ' [SEAL] Notary Public, State of Texas i~ale °f ~as s com Tv. A1-2~12` = My Cammission Expires L 1261I2- ~ (or Notary Stamp) ` STATE OF TEXAS COUNTY OF DENTON Thzs instrument was acknawledged before me on the day of , 20 , by George Campbell, City Manager on behalf the City of Denton, Texas, a rnunicipal corporation. [SEAL] Notary Public, State of Texas My Cornmission Expires {or Notary Stamp} 4 AGENDA INFORMATION SHEET AGENDA DATE: June 7, 2011 DEPARTMENT: Transportation Operations ACM: Jon Fortune ~ SUBJECT Consider the adoption of an ordinance of the City of Denton, TeYas, providing for (I) a change in the name of Wye Street to "Robertson Street", from the intersection of Wye Street and Robertson Street to the intersection of Wye Street and Mill Street; and (II) providing for a change in the name of Robertson Street to "Jackson Street", from the intersection of Robertson Street and Jaclcson Street to the intersection of Robertson Street and Morse Street, all as more specifically provided in Exhibit "A", attached hereto; providing for severability and an effective date. BACKGROUND lii October of 21009, the Mobility Committee recommended to the City Council an elimination of the Robertson Street crossing along the Denton County Transportation Authority (DCTA) commuter rail corridor. This recommendation was made followin" a thorout"h assessment by DCTA and it considered the following factors: average daily traffic counts; morning and afternoon pealc hour turiung movements; school, tratisit and emergency velucle routes and eYisting street conditions. It was determined that a greater benefit to the commuiuty could be realized by eliminating the crossing and realigning Robertson Street and Jackson Street. Closure and realignment of Robertson will avoid future conflicts with vehicular, pedestrian, and bicycle traffic operations at the Robertson Street rail crossing and will provide a safer, quieter neighborhood. The elimination of any crossing immediately removes these coiiflict points, eliininates the need for railroad gates and lights, and eliininates warning horns, bells and flashing beacons from the particular location. lii October 21009, the Mobility Committee voted in favor of the proposed realigunent of Robertson Street and reaffirined their position at the Septeinber 14, 2010, Mobility Coininittee Meeting. The option supported by the Mobility Committee proposed to realigi Robertson Street on the west side to coiuiect with the eYisting Wye Street west of the DCTA rail corridor and connect to Mill Street to the south. The existintly Wye Street to Mill Street setlynent was previously a private ring road for Fred Moore High School. DCTA has worlced with the Denton liidependent School District (DISD) to dedicate the necessary right of way for the proposed realigied Robertson Street on the Wye Street segnent. Additionally, the eYisting Robertson Street seginent east of the corridor, would be realigned and renained Jaclcson Street froin the DCTA corridor (current Robertson Street and Jackson Street intersection) south to where it intersects with Morse Street. Agenda Inforination Sheet June 7, 20 11 Page ? of 3 The item for consideration is an ordinance that will rename the realigned Robertson Street adjacent to the westerly aligninent of the DCTA corridor froin Wye Street to Robertson Street. The ordinance will also rename the easterly portion of Robertson Street, east of the DCTA corridor, to its intersection with Morse Street as Jaclcson Street. Tlus option has been publicly vetted with the neighborhood, DISD, the Traffic Safety Coininission and the Denton City Council Mobility Coininittee. As part of the proposed realigiunent and renaming of these streets, DCTA has notified each of the two residential property owners that will be affected. Both properties are located in the current 700 bloclc of Robertson. These addresses will be changed froin 701 and 705 Robertson to 901 and 905 Jaclcson, respectively. DCTA has offered to assist both property owners on any admiiustrative procedures with the various agencies (US Post Office, County TaY Office, etc.) to facilitate a change of address. Below is a chronology of the various meetings: Julv 27. 2009 DCTA conducted a public hearing at MLIL Center regarding rail corridor crossing closures (including Robertson Street). Seatember 8. 2009 DCTA provided a briefing to the Southeast Denton Neighborhood Association (SEDNA). Seateinber 28. 2009 SEDNA endorsed the option of closing Robertson Street rail crossing, realignment of Robertson and the renaming of Wye to Robertson and Robertson to Jaclcson. October 5. 2009 DCTA provided a briefing to the joint DISD and Denton City Council meeting on the A-train project and the proposed Robertson Street crossing solution. October 12. 2009 City of Denton Traffic Safety Coininission approved the proposed closure of the Robertson Street crossing and realignment of Robertson Street and the renaming of Wye to Robertson and the easterly portion of Robertson to Jaclcson. October 27. 2009 DCTA provided a briefing to the Denton City Council Mobility Committee on the Robertson Street proposal and the Mobility Committee recommended consideration of proposal by full City Council. October ?7. 2009 DCTA presented a modification to the Robertson Street proposal at a public meeting held at Fred Moore High School. Attendees of the meetin~ were supportive of the modification enhancin~ parlcin~ and traffic flow to the DISD facility. It is important to note that as part of the proposed Robertson Street closure, realignment and renaming, a substantial portion of the proposed Robertson Street alignment will be posted as a Agenda Inforination Sheet June 7, 20 11 Page 3 of 3 "No Parking" zone to enhance safety as the street right of way will be less than the standard cross section. As a result of private property and DCTA corridor constraints, an additional part of the proposed realigned portion of Jackson Street will also be posted as a"No Parking" zone due the reduced cross section along a portion of this street. These "No Parking" zones were approved by the Traffic Safety Coininission and the Mobility Coininittee and are identified in Exhibit "A" of the proposed ordinance. Section 18-93 (Bloclcing Roadway) of the City Code grants the authority to the Traffic Engineer for establislung no parlcing zones. RECOMMENDATION Staff recoininends approval of the proposed ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On October 12, 2009, the Traffic Safety Commission voted 6-2 to recommend closure and renaming. On September 14, 2010, the Mobility Committee recommended consideration of the Robertson Street closure and realigunent proposal by DCTA. On January 4, 2011, City Council approved Ordinance 2011-005 to close and abandon the Robertson Street rail crossing. FISCAL INFORMATION DCTA will be responsible for costs associated with the proposed grade crossing closure, street realigninents, inarlcings and renaining. EYHIBITS 1. Traffic Safety Committee Minutes - October 12, 2009 2. Mobility Committee Minutes - September 14, 2010 3. Ordinance 2011-005 4. Ordinance Respectfully submitted, Marlc Nelson Transportation Director EXHIBIT 1 1 EXCERPT MINUTES 2 TRAFFIC SAFETY COMMISSION 3 October 12, 2009 4 5 After determiiung that a quonim of the Traffic Safety Commission of the City of Denton, TeYas 6 was present, the Chair of the Traffic Safety Commission thereafter convened into an Open 7 Meeting on Monday, October 12, 2009 at 53; p.in. in the City Council Chainbers, City of 8 Denton City Hall, 215 E. McILinney Street, Denton, Texas. 9 10 Present: Chair Jolui Crew, Michael Green, Coiuue Balcer, Pat Cheelc, Howard Draper, ll Marion Scott, ILim Spivey and Zaclcary Tuclcer 12 13 Absent: Ralph Glass, uneYCUSed 14 15 Also Present: Bud Volcoun, Traffic Engineer; Marlc Nelson, Transportation Director, Ann 16 Forsythe, Boards and Committee Coordinator; Jim Witt, President, DCTA; Dee 17 Leggett, Vice President of Commuiucations & Plaiuung, DCTA; Tim Sclunidt, 18 Operations Manager-Rail & Transit Systems, Loclcwood, Andrews and Newnain, 19 Inc. 20 21 OPEN MEETING: 23 2) Receive a report; hold a discussion and make recommendation(s) to the Mobility Committee 24 to malce a recommendation to City Council to approve the elimination of the crossint" of 25 Robertson Street at the rail corridor. 26 Bud Vokoun, Traffic Engineer, stated that representatives from DCTA were in attendance and ?7 will discuss the specifics of the topic toiught. Vokoun then stated that city staff and DCTA 28 representatives met to review the crossings and to look at potential ramifications and 29 considerations as the project moves forward. DCTA, in particular and for various reasons, 30 wanted to loolc at closure of a few locations. DCTA inet with DISD and city staff and decided 31 there is the potential for one closing wluch was on Robertson Street. A number of scenarios 3? were considered and the ones thought to be the most appropriate were presented during two 33 public ineetings in the neighborhood. Volcoun then added that DCTA sent notices to all residents 34 within approximately 300' of the high school which is the location for the proposed closure. 35 Vokoun then asked DCTA to give its presentation. 36 Jiin Witt, President, DCTA, stated DCTA has been worlcing on this project since June of this 37 year. There have been fourteen documented meetings; siY with individuals and businesses in the 38 area, five with the DISD, and two with the neighborhood association. A public hearing was held 39 on Septeinber 8, 2009 at Fred Moore High School at which tiine various options were reviewed. 40 Witt stated that DCTA's goal is one of safety and concern. While there are two crossings that 41 are in fairly close proYimity in tlus area, DCTA believes that the best option would be the 42 realigunent of Robertson Street. 43 Witt then introduced Tim Sclunidt, Operations Manager, whose group has done most of the worlc 44 on the realigunent. Schmidt will present what appears to be, at tlus time, the option that has the 45 inost support and least iinpact on the neighborhood. Witt stated there were negative coininents 46 regarding the options that would create additional iinpacts on the neighborhood, particularly 47 when routing more traffic down Cross Tiinbers, past a day care and past Fred Moore High 48 School to the west side. DCTA chose not to bring those forward for any consideration. EXHIBIT 1 Draft Minutes of the Traffic Safety Commission meeting October 12, 2009 Page 2 of 3 1 Sclunidt stated that Robertson will continue east and west, be coiuiected between Bell Avenue 2 and Morrison Milling, and turns behind Morrison Milling. DCTA is looking at pushing it 160 3 feet to the west and turnint', Robertson onto "Y" Street, closing the crossing and realigning some 4 of Jaclcson Street. DCTA worlced with the DISD by malcing "Y" Street two way traffic and 5 turiung it into Robertson Street wluch would eliminate approYimately eighteen to twenty parlcing 6 spaces. DCTA worked with DISD to reconfigure and create additional parlcint', to mitigate 7 parking that would be lost. Witt than asked if there were any questions. 8 Volcoun added that currently the buses coine in and load students counter cloclcwise which 9 means that students cross and come from behind the back of the bus. Vokoun also added that the 10 Transportation Director for DISD has indicated a preference for Option 4B because buses will 11 then have a clockwise circulation when dropping students off in the front of the school on the 12 school side rather than across the street. 13 Commissioner Michael Greene aslced if grading will occur on Robertson Street to reduce an 14 existint', small hill. Witt replied that some grading will occur, but a small hill will still exist. 15 Commissioner Greene then aslced what malces Option 4b the best option. Witt stated that wlule 16 it is offers the same connection of Mill and Morse to Bell Avenue, the realignment will talce the 17 Robertson connection from the east side of the rail and put it on the west side of the rail. Witt 18 added that with Option 1 DCTA did not address the loss of DISD parlcing spaces. Witt also 19 stated that with Option 1 when driving down Y Street and stopping at the stop bar, one has to 20 loolc both ways to see oncomint', traffic and with the hill and the curve on Robertson that will 21 create an unsafe condition. Vokoun stated there is the concern of the appearance of slip ramp wluch could encourage traffic on Y Street to travel through the DISD property using it to get ?3 onto Robertson without stopping. ?4 Chair Jolui Crew aslced what is the main factor in closing? Witt replied that it is its proYimity to ?5 Robertson and with the rail line going through close to Morrison Milling Company; DCTA is 26 tryint', to minimize the potential for trains, vehicles, and pedestrians in one location. ?7 Chair Crew then aslced if there would be a one for one trade off for the closing. Volcoun replied 28 that staff was unable to locate an alternate viable crossint', that would realize any accommodation 29 to the public. Chair Crew then asked if there would be a traffic signal at Y Street. Vokoun 30 replied that based on traffic volumes there is no need for a signal; however, a review after 31 constniction will occur to determine if installation of a four way stop is warranted. 3? Commissioner Howard Draper aslced on wluch side of the railroad traclcs bilce trails would be 33 located. Witt replied that the lulce and bilce trail is currently on the east side and will be rebuilt. 34 Chair Crew then opened the meeting for citizen comments. 35 A total of six citizens spolce to the Coininission. Of those six, five stated that were in favor of 36 progress but eYpressed that the desire for additional sound barriers and beautification efforts. 37 The siYth citizen spolce in opposition of all options stating he did not want the train located in 38 southeast Denton. 39 The public meeting ended at 6:34 p.m. 40 After discussion by the Commissioners regarding better commuiucation, beautification and 41 buffering efforts, Commission Zachary Tucker moved to make a recommendation to the EXHIBIT 1 Draft Minutes of the Traffic Safety Commission meeting October 12, 2009 Page 3 of 3 1 Mobility Committee to recommend to the City Council to approve the elimination of the crossing 2 of Robertson Street at the rail corridor (Option 4b) with a second from Chair John Crew. 3 After additional discussion, the recommendation was amended to direct DCTA to continue to 4 worlc with the residents about sound barriers and beautification efforts. 5 The amended motion was approved by a 6-2 vote. 6 The meeting was adjourned by consensus at 8:05 p.m. 7 EXHIBIT 2 ? EYCERPT MINUTES 3 City Council Mobility Coininittee 4 Tuesday, September 14, 2010 5 6 After determiiung that a quonim of the Mobility Committee of the Denton City Council was 7 present, the Chair of the Committee on the Mobility thereafter convened into a meeting on x Tuesday, Septeinber 14, 2010 at 1:07 p.in. in the City Council worlc session rooin, 215 E. McILiiuiey Street, Denton, TeYas. 10 11 Present: Chair Pete ILainp Council Meinber Dalton Gregory 12 Mayor Mark Burroughs, (1:14) 13 14 Also Present: Marlc Nelson, Transportation Director; Jim Coulter, Director Water Utilities; 15 Einerson Vorel, Director Parlcs and Recreation; Bryan Langley, Director of Finance; Fred 16 Greene, Assistant City Manager; Jon Fortune, Assistant City Manager; George Cainpbell, City 17 Manager; Aiuta Burgess, City Attorney; Jolui Cabrales, Public liiformation & liitergoveriunental lx Relations Officer; Jolui Polster, ITS; Lindsey Baker, Assistant to the City Manager; ILim 1,) Mankin, Administrative Supervisor; Dee Leggett, DCTA, Tom LeBeau, DCTA and Tim 20 Schinidt, LAN (DCTA consultant). ?1 22 2; 24 3) Receive a report; hold a discussion and talce appropriate action concerning the 25 elimination of the existing grade crossing of Robertson Street on the Denton County 26 Transportation Authority rail corridor. 27 ?x Mark Nelson recognized Dee Leggett, Tom LeBeau, and Tim Schmidt representing DCTA. 21) Nelson stated this Committee last discussed this issue baclc in October of last year and 30 recommended approval of Option 4b. Since that time staff has identified some tecluucal details 31 with that option and are recommending the option as presented in EYlubit It is essentially the 32 same alignment; however, the right of way (ROW) between Fred Moore School and the DCTA 33 rail corridor will only permit a 28-foot wide pavement section and less than 40 feet of total right 34 of way. The standard pavement section and ROW for a residential collector is 37 feet and 65 35 feet, respectively. Nelson discussed the need for no parlcing zones along the realigied Robertson 36 and the proposed realigninent of Jaclcson Street on the east to enhance safety for pedestrians and 37 motorists. Staff recommends approval of the proposal and will carry the no parlcing zone request 38 to the Traffic Safety Committee in October. What staff is trying to do at the request of DCTA 31) with the support of DISD staff is to realign Roberson Street. This realigninent will talce in Wye 40 Street, which is a private street around Fred Moore School. That corridor is just less than 40 feet 41 wide. At the northeast corner of Fred Moore school that creates a difficult challenge. With the 42 challenge staff has decided to go with a non-standard street section. There will be a sidewallc 43 included on the west side of the corridor. At its narrowest point the street is 28 feet wide, 44 standard is 37 feet. Burroughs aslced if the speed liinit was 20 MPH in this area. Nelson 45 answered that it will be, staff also will have to go back to the Traffic Safety Committee to get the 46 no parlcing sigis for that area. That meeting is on October 4. Nelson also stated that on 47 Jaclcson Street it would be posted of the narrow lanes. ILainp aslced about a fence. Dee Leggett, EXHIBIT 2 EYCerpt - Minutes of the Mobility Committee Meeting September 14, 2010 Page 2 of 2 1 DCTA, a grant has been received to add a fence however that fence will not be put up until after 2 this project is completed, late July or early August. The rail will be in operation about 2 months 3 before the fence is installed. Kamp stated that she doesn't know what the specific 4 recommendation was but is there going to be a temporary fence in place before the permanent 5 fence is installed. Tom LaBeau, DCTA, stated that it cati be revisited but there can certaiiily be a 6 temporary fence put up in the interim. Gregory aslced for clarification on the fence, what will the 7 fence separate. Leggett stated that one of the items that the community identified was the x request for a fence. The fence will be on the west side of the rail and the east side of Robertson. Burroughs stated that one of the changes on the maps provided was the entrance on Wye Street 10 from Fred Moore School. There will be no access from that road to the School. Nelson stated 11 that the desire on this problem from DISD was to reduce the opportunity from traffic to cut 12 through the parlcing lot of the school. The traffic will flow countercloclcwise from Cross 13 Timbers Street through the parking lot, this is DISD's preferred route. 14 15 Dalton Gregory moved that the committee move this item forward to City Council. Mark 16 Burroughs seconded the motion. The vote was 3-0 approved. 17 lK 11) The meeting was adjourned by consensus at 1:56 p.m. EXHIBIT 3 s:llegallour documentslordinances1101robertson street - closure ordinance.doc oxDnvnrrcE rro. 2011-005 AN ORDINANCE OF THE CITY OF DENTON CLOSING, ABANDONING AND VACATING THE ROBERTSON STREET GRADE CROSSING AT ITS INTERSECTION WITH THE FORMERLY MISSOURI-KANSAS-TEXAS RAILROAD COMPANY RIGHT- OF-WAY, THE ROBERTSON STREET CROSSING CENTERLINE PRESENTLY BE1NG LOCATED APPROXIMATELY 460 FEET NORTHWESTERLY OF THE CENTERLINE 1NTERSECTION OF MILL STREET / MORSE STREET WITH THE FORMERLY M-K-T R.AILROAD COMPANY RIGHT-OF-WAY CENTERLINE AND BEING SITUATED IN THE ALEXANDER HILL SURVEY, ABSTRACT NO. 623, CITY AND COUNTY OF DENTON, TEXAS (THE "LICENSED PROPERTY"); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has determined that the portion of Robertson Street that currently traverses the former M-K-T Railroad Company right-of-way corridor (presently owned by Dallas Area Rapid Transit, a Regional Transportation Authority) is no longer required for street purposes (the "Licensed Property", being specifically described in the caption above and being depicted on Exhibit "A", attached hereto); and WHEREAS, the Denton County Transportation Authority ("DCTA") has requested that Robertson Street, insofar and only insofar as it is located on the Licensed Property, be closed and abandoned by the City of Denton in respect to its use as a public road crossing of the railroad corridor; and WHEREAS, the Development Review Committee staff has reviewed and approved the DCTA construction documents related to the rearrangement of Robertson Street in relation to the street crossing closing and abandonment contemplated herein and also recommends approval of the subject abandonment petition; and WHEREAS, the City Council of the City of Denton has determined that the Licensed Property is no longer needed for street purposes, save and except those public utility and drainage purposes provided for and reserved in that certain Quit Claim Deed (herein so called) from the City of Denton to Dallas Area Rapid Transit recorded under Clerk's File Instrument Number 2010-43179, Real Property Records, Denton County, Texas; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Licensed Property is hereby closed, abandoned and vacated for street purposes, save and except those public utility and drainage purposes provided for in that certain aforementioned Quit Claim Deed from the City of Denton to Dallas Area Rapid Transit, such abandonment being conditioned upon, and effective only upon, the conveyance or dedication to the City of Denton of those tracts, or sufficient real property interests in those tracts, of real property described and depicted on Exhibit "B", attached hereto and made a part hereof by reference, in forxn and substance satisfactory to the City Attorney of the City of Denton (the "Robertson Street Rearrangement Tracts"). SECTION 2. The abandoned Licensed Property sha11 be owned as provided by law. Page 1 EXHIBIT 3 s:\legallour documents\ordinances110\robertson street - closure ordinance.doo SECTION 3. This Ordinance shall become effective upon the occurrence of the condition described in Section 1, above, as evidenced by the recordation of the contemplated conveyance instruments of the Robertson Street Rearrangement Tracts in the Real Property Records of Denton County, Texas. In the event such condition shall not occur on or before June 30, 2011, this Ordinance shall be null and void and of no force and effect. PASSED AND APPROVED this the Igh day of ~TwxQ~ , 2011. ~ oli ANL MARK A. ~_RAQVUH ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Q l. ~ b APP VED A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: C~ Page 2 i7lfTIUTl J uoQ w a,niuxa.uosa~aaaNtisrcs:uamamsa~~ ana~n~ier~~~nno-~s6u~ba~n.c~.c.a~ua.a.sH-sa~saq.~•cy~e~,~iaoa.ezioi-na~ann~nai~:~ J ~ F- H m H 1 x W ~ 0 ~~v +,n:u.a.~s<aawe+,uoivaat~y,so~~ ~~a~~~~!~onootiaau;,,n,~ti.€i.sio~a.,a~an-Wm~~aa.o.stvo~d,ooa-saiai-asi~.p4~ozi~~i EXHIBIT 3 Robertson Street Rearrangement Tract 1 EXHIBiT "B» Attachment to Ordinance Sheet 1 of 7 F'art "of Denton In-de-pendent School DistriCt Alexander Hill Survey, Abstract No. 623 City of Denton, Denfon Counfy, Texas DESCRIPTiON of a 13,710 square foot (0,395 acre) tract of land situated in the Alexander Mill Survey, Abstract No, 623, in the City of Dentan, Denton County, Texas; said tract being part of 1-R, Block 8, Alex Rabertson Addition, an addition ta the City of Dentan according to the plat reaorded in Cabinet I, Page 105 of the Piat Records of penton County, Texas; said 13,710 square foot #racf being more particularly described as follaws (bearing system for this suruey is based on the Taxas State Plane Coard(nate 3ystem NAD-83(93), Harn Adjustment Nnrth Centrai Zone 4202 be'tng the Denton Gaunty 7'ransportation Autharlty network utffizing a surface scale factor of 1, 000136506}: BEGINNING, at a 1/2-Inch iron rad found at the intersection of the west line of the Dallas Area f2apid Transit right-of-way (a variable width right-of-way, 100-fopt wide at this point) and the north right-of-way Iine of Mili Street (a 60-foot wide right-of-way); said point being the sautheast corner of said Lot 1-R; TMENCE, Narth 89 degrees, 04 minutes, 28 seconds West, along the said north line of Mill Street, a distance of 62.19 feet to a 1/2-inch iran rod found for corner, said point being the southerly southeast corner of that tract of land described in Correction beed (without Warranties) to Fred Moore Day Nursery, inc. recorded in (nstrument Number 2007-21424 of the Official Public Records of Denton County, Texas; said point being the beginning of a non- tangent cuNe to the left; THENCE, departing the said nar#h iine of Mill Street and along the easterEy line of said Fred Moore Day Nursery fract, the following five {5} calls: In a northerly directian, along said curve to the left, having a central angie of 67 degrees, 48 minutes, 33 secands, a radius of 17.91 fee#, a chord bearing and distance of North 05 degrees, 19 minutes, 45 seconds East, 15.98 feet, an arc distance of 21.20 feat to a point for corner at the end of safd curve; North 30 degrees, 33 minutes, 16 secands West, a distance of 76.81 feet to a point far corner; said polnt being the beginning of a non-tangent curve to the left; In a northerly directian, along said curve to the left, having a central angle of 06 degrees, 01 minutes, 52 seconds, a radius of 381.13 feet, a chord bearing and distance a# North 27 degrees, 32 minutes, 20 secands West, 40.10 feet, an arc distance of 40.12 feet to a point for carner at the end of sald curve; said pnint being the beginning of a nan-tangent curve ta the left; In a northerly direction, along said curve to the Isft, having a central.angls of 05 degrees, 04 minutes, 40 seconds, a radius of 455,90 feet, a ahord bearing and distanca of North 25 degrees, 00 minutes, 01 seconds West, 40,39 feat, an arc distanae of 40.40 feet to a pofht for corner at the end of said aurve; Sauth 87 degrees, 32 minutes, 32 seconds West, a dlstance of 9.30 feet to a point fnr carner; TMENCE, North 20 degrees, 27 minutes, 22 seconds West, departing the north line of said Fred Maore Day Nursery tract, a dlstance of 72.71 feet to a point for corner; said point being the beginning of a non-tangent curve to the right; SHEET 1 OF 4 EXHIBIT 3 EXHIBIT "B" Attachment to Ordinance Sheet 2 of 7 Part of Denton lndependent Schooi Qistrlct Alexander Hill 8urvey, Abstract No. 623 Cify af Denton, Denfon County, Texas TMENCE, in a northerly direction, afong said ourve to the right, having a central angle of 02 degrees, 15 minutes, 33 seconds, a radius of 2,324.82 feet, a chprd bearing and distance of North 24 degreES, 49 minutes, 15 seconds Wesf, 91.67 feet, an arc distanCe of 91.67 feet ta a poin# at the end af said cutve; said point being the beginning of a curvs to the left; THENCE, in a northerly direction, along said curve to the left, having a central angie of 10 degrees, 68 minutes, 26 seconds, a radius af 265.00 feet, a chvrd bearing and distanoe of North 29 cfegrees, 09 minutes, 58 seconds West, 50.68 fea#, an arc dis#ance of 50.76 feet to a polnt at the end of said curve; safd palnt being in a non-tangent curve to the right; THENCr-, in e southeasterly directfon, alpng said curve to the rlght, having a oenfral angie of 17 degrees, 22 minutes, 38 seconds, a radius of 421.68 feef, a chord bearing and distance of South 42 degrees, 53 minutes, 51 seconds East, 127.40 fieet, an arc distanee of 127.$9 feet to a cut in conerete found at the end of said curve; said point being the beginning of a non- tangent aurve to the left; said paint alsa being in the said west fine of the Dallas Area Rapid Transit right-of-way; TMENCE, in a southerly direction along the said west line of fhe Dallas Area Rapid Translt rlght- of-way along said curve, having a centrat angle af 07 degrees, 39 minutes, 38 seconds, a radius af 2,239.33 feet, a chard bearing and distance af South 29 degrees, 14 minutes, 28 seconds East, 299.18 feet, an arc distance of 299.40 feet to the PQINT OF BEGINNING; CONTAINING: 13,710 square feet or 0.315 acres of land, mvre or less. (A survey plat of even date herewith accompanies this legal descriptlon.) The undersigned, Registered Professlonal Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the tract described. ~n'.n..,~,,...._. Miohael Larry Lbwls, Jr. ' e Registered (~rofessional L,~rid a~t Surveyor No. 5773 Pacheco Koeh Consuiting Engineers, inc, 8360 N. Central Expwy, #1000, DaNas 7X 75206 (972) 235-3031 TX Reg. Surveying Flrm LS-100080-00 3038-09.258EX12.dw9 3438•09.258EX12.doc rmt SMEET 2 OF 4 EXHIBIT 3 EXHIBIT "B" _ Attachment to Ordinance Sheet 3 of '7 MATCHUNE (SEE SHEET 4) LEGEND MAW PROPERTY LINE 2 T PROpOSED RIGFfT^OF-WAY LINE LOT 1-R, BLOCK 9 N ~EXISTING EA5EMENT IINE O 0 POINT FpR CORNER ~ ALEX ROBER7'SON N~a~ (uNLtss orHeRVnsE NorEo) ADDlTIpN XF 1. CUY IN GpNCRETE FOUND (CAB. I, PG, 105) (C.M.) CONTROLI.fNG MONUMENT ~ 0 20 40 130 A=7039'38h R=2239.33' GRAPHIC SCALE IN F'EE'T ,---e ~S 87°32'32,~ w 1=299.~40' ~ 99 9.~p T=14S.92' CB-S 29°14'28" E l.l=5°04'40" CD=299,18' Fi=455,90' L-4O,4O~ LOT 1-R, BLOCK 9~~~'y • T=20.27 ALEX ftOBERTSON ° rA CB=N 25°00'01" W Apt71TI0N ~~C~, CD=40.39' (CA6. I, PG. 105) FRED M ORE DAY Lt=6°O1 'J~2~~ o~ Ox~ - NURSERY, iNc, (INST. N0, 2007-21424) L=40,12' T=20.08' 013,710 SF CB-N 27°32'20" W (0.315 ACRES) CD=40.10' ~ 28' BUILDINC EASEMEN7 ORD{NANCE N -SET9ACK UNE 1;;Op x (CA6, I, P0, 105) N0, 92-048 203,21' (VOL. 31$4. PG. 294) ~ ~67°48'33" N $9°04'26" W M MILL 62~ ~ 1 /2-1NCH IRON }Z=17.91' (/Z-INCH IRQN jCM,)OUND a O L-21.20' 4tU~ FOUND ~ STREET c°~ C8= N 05°9'~ 'p E ~ Gn=19.98' POlAI T OF N BEGIIU'N/N'G ~ 50A~' S0,03' 80,03' ~ ~ 50,03' I 55,03' \ i ! 0 ~ 1, A legal descrlptlon of even survey dato g herawith accomp4nles thls plat of survey. ~ 2, Bearing systern for thts survey is based on the Texas State Plane Cnordinate Syetem NAD-83(93), Harn AdJustment North Gentrui ~ Zone 4202 being the Denton Count,y ~ ce Transportatlon Authority of t1.00b1365pgutilizing a a surfa "o N Robertson Street . ~ Rearrangement Tract 1 ~ heca Koch ea6o N. ceM~aL Exawr. suIrE tooo pART OF DENTON lNDEPENDENT Pa~c ~ DALLAS, 1')( 78208 972235.3031 ~ TX REG. 6NSINEERINO FIRM F-489 SCHObI DIS7'RICT DALLAS . FORT WORTH . HpUSTQN 7X RW. SURVEYIN(3 FlRM (.5 iQ0p80M00 A(„EXANbE(~ ~ILL SURVEY, ABSTRAC7 N0, 623 ~ OqAM9Y 9Y CNECK6p 8Y SCAL6 pAT6 JOB NUAA9ER CITY OF DENTON, DENTON COUN7Y, TEXA.,i ~ RMT MLl 1"=40' NQV. 2010 3036-09.258 SMEE'f' 3 OF 4 DWG FILE: 3038-05,258EX12,dV EXHIBIT 3 EXHIBIT "B" 1 1 ~ #4P ~ Attachment to Ordinance 5heet 4 of 7 LEGEND PR4PERTY LINE PRQPOSEt] RIGHT-Of-yyAY LINE EXISIINC EASEMENT LINE O POINT fOR CORNER (UNLESS OTHERNnS£ NOTED) XF CUT IN CONCftE7E FOUNp (C.M.) CONTF20l.LINC MONUMEN7 ~ ` o 20 40 $0 ~~yqRiq GRAPNIC SGALE IN FEET ~ 0 ~ ~ ~ ~ ~~y'~/~► ~ \ t4? is' aRAiNncE & unurr ' EASEMENT (CAB, I, PG. 105) ` n--10°58'26„ \ R= 265.OQ' L-5p.76' ~ T=25. 46' CB=N 29°09'58" W CD-5Q,68' . LOT 1 -R, BLOCK 9 ALEX ROBERTSpN ApDITION (cAB. i, Pc. 105) CB=N 1 r- ~ (0,315 ACRES) ~s ~1 • ~ ~ ~ `~,7► ~ Q-17°22'38" f2-42i.66' p L=127.89' ~ G~G~ • T-64, 44' CB=S 42°53'S1" E ~ CD=127.40' ~ \ rrDRAINAO~ AND.l111UTY J ~,-2015'33» NO~ 92-048 R=2324.82' (YO~., s,aa, Pc, 294) ~.=91.V7' XF 7037,3Vn T=45.84' a=2239.33' 2A~°~49'15" W L-299.40' CD=91.67` T=149,92' N 20°27'22" W C6-5 29°1 4'2$" E 72.71' CD=299.18' wrwr~ w... wrr~ ~ w~wr MATCMUNE (SEE SHEET 3) i The undersigned, Registered Profesafonal Land ~ Surveyor, hereby cerflflea that this plat of ~ survey accurately sets out the metea and 2 bounds of tha fract desoribed. OF ' Gzl hIICHAEI LARBY LEN'I 4}. 4111410 • ;a~ 5773 o Michael Larry LeVis, Jr:x°°"l~at~ p 9y'~:~~'8$~0:~1 a Registered Profassionql o Land Surveyor No, 5773 : NQE; 1. A legal desorlptfon of even survey date herewlth accampanies this plat of survey. 2, 8earing system for this survey ls based on the Texas Stata Plnne Coardinate Systern NAp-83(93), Harn AdJustment North Centrcil JR. Z°ne 4202 baing the Denton County , Tranaportation Authorlty network utilizing o , surface scale factar of 1,000136506, Robertson Street ~ H-Bd N, CEN7AAl Exf~WY. 5UI1E t00D Pacheco ~Coqh bALLA5, 7X 75206 872,2J5.3031 TX ftEO. HNqNEERIN(t FiRM F 469 pALLAS .FORT WORTH . HOUSTON n( REp, SURNEYINp FIRM L5-ipp084-00 ORAWN BY CiAECKFU ,9Y SCALE OA i'f JDB ~ER a RMT MLL 1"-40' NOV. 2010 3038-09.258 Rearrangement Tract 1 pART OF DENTON tNpEPENDENT" SCHOOL DISTRICI' ALEXANpER HILL SURVEY, ABSTRACT N0. 6:23 CITY 0F qEN70N, DENTON COUMY, TEXAS SHEET 4 0F 4 OWG FILE: 3038-09,25$EX12 pV EXHIBIT 3 EXHIBI7 "B" Robertson Street Attachment to Ordinance Sheet 5 of 7 Rearrangement Tract 2 Part of Fred Moore Day Nursery, fnc. Alexander Hili Survey, Abstract Na. 623 City of Denton, Denton Caunty, Texas DESCRiPTION of a 3,731 square foot (0.072 acre) tract of land situated in the Alexander Nill Survey, Abstract No. 623, In the City of Denton, Dentan County, Texas; said tract being part of that tract of land described as Tract 2 in Carrecti4n Deed (without Warranties) to Fred Maore Day Nursery, iNC, recorded in Instrument Number, 2047-21424 of the Officiai Public Records of Denton County, Texas; said 3,131 square foot tract being mare particularly dsscribed as foliows (bearing sy5tem for this survey is based on the T'exas State Plane Coordinafe System NAD- 83(93), Harn Adjusfment North Central Zone 4202 being the penton County Transportation Authority network utilizing a surface scale factor of 1.000136506): COMMENCING, at a 112-inch iron rod found at the intersectlan of the wes# line of the Dallas Area Rapid Transit right-of-way (a varfable wldth rlght-of-way, 100-faat wide at this point) and fhe north r(ght-of-way line of Miil Street (a 64-foot wide right-of-way); said pnint being the southeast corner of Lat 1-R, Block 9, Alex Robertson Addition, an additian to the City of Denton according to the plat recarded in Cabinet I, Page 105 of khe Plat Records of Dentan County, Texas; THENCE, Narth 89 degrees, 04 minu#es, 26 seconds West, along the safd north line of Mill Street, a distance of 62.19 feet to a 1!2-inch iran rod found at the PO{NT OF BEGINh11NG; said point being the southerly southeast corner of said Fred Maore Day Nursery traat; THENCE, North 89 degrees, 04 minutes, 26 seconds West, cantinuing along the said north lina of Mill Street, a distance of 15,71 feet to a paint for corner; sald point being the beginning of a non-tangent curve to the right; 1"HENCE, departing the said nor#h line of Mil! Street, in a narthwesterly direction, along said curve to the right, having a centra) angle of 00 degrees, 55 minutes, 25 seconds, a radius of 2,304.65 feet, a chord bearing and distanee of North 31 degrees, 31 minutes, 34 seconds West, 37,15 feet, an arc dlstance of 37,15 feet to a point at the end of said cun+e; TNENCE, North 20 degrees, 27 minutes, 22 seconds West, a distance of 934.35 feet to a point for corner in the rtarth line of sald Fred Moore Day Nursery tract; TMENCE, along the north and east Ilnes of said Fred Maora bay fVursery tract the fallowing five (5) courses calls; North 87 degrees, 32 minutes, 32 seconds East, a distance of 9,30 feet to a pvint for corner; said point being the beginning of a non-tangent curve to the right; !n a southerly direction, along said curve to the right, having a central angle of 05 degraes, 04 minutes, 40 seconds, a radius of 455,90 feet, a chord bearing and distance of 5auth 25 degrees, 00 minutes, 01 seconds East, 40.39 feet, an arc distance of 40.40 feet ta a point at the end of said curve; said point being the beginning of a non-tangent curve tn the right; In a sautherly direction, along said curve to the right, having a centrai angle of OS degrees, 01 minufes, 52 seconds, a radius of 389,13 feet, a chord bearing and distance of South 27 degrees, 32 minutes, 20 seconds East, 40.10 feet, an arc distance of 40.12 feat to a polnt at the end of said curve; SHEET 1 OF 3 EXHIBIT 3 EXHIBIT "B" Attachment to Ordinance Sheet 6 of 7 Part af Fred Moore Day Nursery, Inc. Alexander Hill Survey, Abstract Na. 623 City of Denton, Denton Gounty, 7"exas South 30 degrees, 33 minuies, 16 seconds East, a distance of 76.81 feet to a point for corner; said paint being the beginning af a tangent curve tn the right; !n a southariy direction, afong said cunre to the right, having a central angle of 67 degrees, 48 minutes, 33 seconds, a radius of 17.91 feet, a chard bearing and distance of 5outh 05 degrees, 19 minutes, 45 seGOnds West, 19.98 feek, an arc distance of 21,20 feet to the f'OINT OF BEGiNNING; CONTAINING; 3,131 square feet or 0.072 acres of iand, more or less. (A survey plat af evert date herewith accompanfes th/s fegal descripflnn,) The undersigned, Registered Professional Land Surveyar, hereby certifies that the foregoing descriptinn accurately sets out the metes and bnunds of the tract described. Michaef Larry Lewis, Jrt ~ /Da#e Registered Professional l.and"Surveyor No, 5773 Pacheco Koch Cansulting Engineers, Inc, 8350 N. Central Expwy, #1000, Dailas TX 75206 (972) 235-3031 TX Reg. Surveying Firm L5-100080-00 RFO '9d' r ~'sri r~~~ JF 411CHAEL LARRY LEUVIS. .:;A v:'~r 5773 3038-09.256EX13.dwg 3038•09.256EX13.doC rmt SMEET 2 OF 3 EXHIBIT 3 EXHIBIT "B" Attachment to Ordinance Sheet 7 of 7 i \ \ LEGEND LOT 1-R, BLOCK 9 pFtoPgarr uNe PROPOSEp RICH7-OF-WAY LINF. ALEX ROBERTSON ADDITION EXISIING EASEMGN7 LINE O POINT FdR CORNER ~ (CAB. I, PG. 105) \ (UNLESS OTHERVASE MOTfp) XF CUT IN CONCRETE FOUNO ~ N 87°32'3 (C.M.) GQN7ROLLING MONUMENT 2" E ' a=.5°04'40" o 20 40 -ao R-455,90' ~ ~ ,aa 9 . ~ 3,131 SF 2 (0.072 ACRES) ~ 7RACT 2 FRED MOORE DAY ~ NURSERY, 1NC. N; (IN57. N0. 2007T21424) a , „ ~y o455 z5R=2304.65' ; L=37.15' T=18.58' CB=N 31 °31'34" W CD=37.15' I~. 203.21' MIL L p ~ S TREE T ~ 25' BUILOING -SETAACK LINE (CAB, 1, PG, 105) ~ _ N 89'04' 26" w N a9°o4'2sn w ✓ 15.71' I 1/2-INCW IRON -i0D FOUNO (C,MJ POl'NT OF 62.19/',, 1/2-INCH iRQN '-ROq FOUND (C.M.) BEGINN/NG pp/,IVT OF` 50.03' 50.03' T~ 50.03' . 7he underslgned, Registered Profasslondl Land ~ 5urveyor, hereby certlfies that this plat ot i survey accurately sets out tha metes and M bounds of the tract described. L=40.40' GRAPHIC SCALE IN FEET ,c.\ Cp=40.10' ~ \ DftAINAG~ AND U1ILITY EASEMENT ORUINANCE Nb. 92~O~B (VOL. 3184, PG. 294) T-20.21' CB-S 25°00'01'~ E ~y \ CD-40.39' ~ ~ 10 La~=B°01'52" ~~M ~ R=381.13 L=40.12' ~ T-20.08' ~ d\ CB=S 27°3220° E \ 00 ~ Q=67°4$'33"~~ l \ R=17.91' L=21.2D' ~ T= 12.04' a, ~ \ CB=5 05°19'45" W Cq=19,98' COMM,E'NCING ~ 50.03~ I 55.03~ \ ~ ~iicHA~~; LARRY I.E, WI. ~ . 5773 ~ ~ l ~ ~ ~ r ~ , ~ ~ Michaei Lurr ~~Lewda, Jr, N f2egistered Professlanal r:' , 'o•S o Land Surveyor No. 5773 . NOTES; 1, A legal descript(on of even survey date herewith acaomponies this plat of survey. 2. Bearing system for this survey Is based on the Texas Stafe Plane Coordlndte System JR NAD-83(93), Harn AdJustment North Centrqi , Zone 4202 being the Denton County Transportatlon Authority netwark utllizing a aurface scale factor of 1,0001M506. • 00 1 Pacheco Koch 8350 N. CEN'fRAL EXPIYY. SUITE 1000 DALlA5, TX 76208 872.235.3031 , 7X REC. ENGINEERING FIRM F-489 . ; DnLlaS . FORf wOR7H . HpUSTON mREG. SURVEhNG FlRM LS-100080-00 J O1?AW1V dY CH6CKEO 8Y SCALF DATF ✓ON Nf/itA4ER P RMT MLI. 1"~40' NOV. 2010 3038-09,258 a Robertson Street Rearrangement Tract 2 PART OF FREp MOORE pAY NURSERY,INC. ALEXANDER HILI. SURVEY, ABSTRACT N0. 623 CI7Y OF pENTON, DENTON COUNTY, TEXA.S SHEET 3 QP 3 OWG FILE: 3038-09.258EX13.GV s:Vegailour documentslordinances1111robertson sfreet name claange.doc ORDINANCE NO. AN ORDINANCE 4k' THE CITY OF DENT4N, TEXAS, PROVIDING FOR (I) A CHANGE IN THE NAME OF WYE STREET TO "ROBERTSON STREET", FROM THE INTERSECTION OF WYE STREET AND R4BERTSON STREET TO THE INTERSECTION OF WYE STREET AND MILL STREET; AND (II) PROVIDIIVG FOR A CHANGE IN THE NAME 4F R4BERTSON STREET TO "JACKSON STREET", FROM THE INTERSECTION OF ROBERTSON STREET AND JACKSON STREET TO THE 1NTERSECTION QF ROBERTSON STREET AND MORSE STREET, ALL AS MORE SPECIFICALLY PROVIDED IN EXHIBIT "A", ATTACHED HERETO; PROVIDING FOR SEVERABILITY AND AN EFFECTNE DATE. WHEREAS, the Denton County Transpartation Authozity (DCTA) is implementing commuter rait service alang the forrner Missouri, Kansas and Texas (MKT'Q) rail corridox; and WHEREAS, DCTA has documented the safety and envirommentai henefits fox the clo,sure of the Robertson Street rail crossing; and WHEREAS, DCTA has conducted several commuriity meetings demonstrating benefits to the neigkaborhood with the closing of Robertson Street; and WHEREAS, DCTA has coordinated with the Denton Independent School District on the safety benefits of closing the Robertson Street crossing and realigning the subject streets; and WHEREAS, DISD has donated public right of way for the realignment of Robertson Street; and WHEREAS, on January 4, 2011, the Denton City Council approved the closure af the Robertson S#reet, as affected by the rail crossing, via Ordinance 2011-005, reserving the rights to the City as provided therein; and WHEREAS, due to the closure of a partion of Robertson Street and consequent realignment of Robertson Street, Wye Street and Jackson Street caused by such partial closure, the renaming of Robertson Street and Jackson Street, as provided in this ordinance, better evidences the street conf guration in the vicinity nf the partial closure of Robertson Stareet; and WHEREAS, on September 14, 2010, the Mobiiity Cammittee recommended approval of the requested street name changes; and WHEREAS, the City Council finds that the name changes are beneficial to, and in the best interest of, the citizens of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY QF DENTON HEREBY ORDAINS: SECTION 1. The findings ana recitations contained in the preamble of this ordinance are incorporated herein by reference as true. SECTION 2. The name of Wye Street, from the intersection of Wye Street and Robertson Street to the intersection of Wye Street and Mi11 Street, as raughly depicted on Exhibit "A", attached hereto and made a part hereof, is hereby changed to "Robertson Street". SECTIQN 3. The name of Robertson Street, fram the intersection of Robertson Street and Jackson Street to the intersection of Robertson Street and Morse Stxeet, as roughly depicted an EXhibit "A", attached hereto and made a part hereof, is hereby changed to "Jackson Street". SECTION 4. The City's of~'icial Mobility Plan map is amended ta show the change in the street name. SECTION S. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or the application thereof to any persan or under any circumstances is held invalid by any court of competent jurisdictian, such holding sha11 not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enac#ed such remaining portions despite any such invalidity. SECTION 6. This ordinance shall become effective fourteen (14) days froFn the date of its passage, and the City Secretary is hereby directed to cause the eaption of this ordinance to be published twice in the Denton Record-Chxonicle, a daily newspaper puhlished in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this tlae day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM:. ANITA BURGESS, CITY ATTORNEY BY: ~ PAGE 2 IJ6G'Y1IWLIGiYlBtWH\W1~JafltgJl~5411 OGQJA~I~Af3~flflnkS0131NRJ ~[;aKSB~tIBJ,318N>ilGiSBPI~tlt~&liiBJAl19fi{i-Ss'l(Il-[t£1\flOf02{ial Iwi ~r ~ ~ iE x Ll.l LLI ~ Q ~ J W G! ~¢F C u, ~ L] 0 Q Q. ~ F IL F 4 O.' W ~ K ~ ~ L ~r ~ ~ ~ ~ r~ 4.E w R ~ ~ 7-71 F---I--~~ a . ~ ~ ~ a 4d~Cl<Id4 ~ ; ~ ~ ~ ~ d !H WWC fYtl2/.2ir t~P"QlauesFaa~oy~ua~uap\a.m9a1} apd~3~,1$~!3S630b\gb~!M~~qxC1.5S'~'-'~a~a~ay-u~~sa(].Q.51F~8..~~1p00-$2l01-OSf~p4r4211~1 z ~ ~ ~ a~?~ ~ ~z ~ ~ 4~wd ~ W is Z~ ~ ~ AGENDA INFORMATION SHEET AGENDA DATE: June 7, 2011 DEPARTMENT: Transportation Operations ACM: Jon Fortune ~ SUBJECT Consider the adoption of an ordinance of the City of Denton, TeYas, authorizing the eYecution of a First Amendment to Right of Entry and Possession ("Amendment"), by and between the City of Denton, Texas and the Denton County Transportation Authority ("DCTA"), amending that certain Ri~ht of Entry and Possession (the "Original Right of Entry"), by and between the City of Denton and DCTA, dated May 3, 2011, said Amendment providing the right to DCTA to allow retail sales at the Downtown Denton Transit Center ("DDTC"), the DDTC located in the Hiram Sisco Survey, Abstract Number 1184; and providing an effective date. BACKGROUND In May 2011, the Denton City Council adopted Ordinance 2011-073 providing a right of entry and possession (ROE) to DCTA allowing DCTA to occupy the bus lane, public plaza and parlcing lot area upon the proposed effective date of May 3, 21011. Tlus ROE also permits DCTA to occupy the facility itself including the admiiustrative office area, public restrooms and public waiting area upon the issuance of a certificate of occupancy by the City of Denton. A temporary Certificate of Occupancy was issued on May 20, 2011. The iiutial ROE did not specifically outline provisions that would allow DCTA to permit tlurd parties to occupy certain retail space in the DDTC and retain rental proceeds to offset DDTC operatin(y costs that DCTA will incur. The Amendment to the May 2011 Transit Center ROE provides DCTA such rights. The Amendment will require DCTA to receive written approval from the City of Denton for any modifications to the identified retail space as well as require the retail licenses to abide by the terms and conditions of the original ROE including insurance provisions and naming the City of Denton as an additional insured. PRIOR ACTION/REVIEW The Denton City Council adopted Resolution 2011-073 approving the initial ROE on May 3, ?011. FINANCIAL The Amendment provides that DCTA may retain all rental proceeds generated through retail licenses' occupation of the DDTC. Agenda liiformation Sheet June 7, 20 11 Page 2 EYHIBITS 1. Ordinance 2011-073 ? . Ordinance Respectfully Subnutted: Marlc Nelson Transportation Director s:Uegallour documentslordinances111\dcta roe ordinance.doc EXH I B IT 1 oRDnvAvcE No. 2011-073 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE EXECUTION OF A RIGHT OF ENTRY AND POSSESSION BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON COUNTY TRANSPORTATION AUTHORITY ("DCTA"), GRANTING DCTA ACCESS TO THE DOWNTOWN DENTON TRANSIT CENTER ("DDTC") AND CERTAIN LANDS SURROLINDING THE DDTC LOCATED IN THE HIRAM SISCO SURVEY, ABSTRACT NUMBER 1184, TO CONDUCT PUBLIC TRANSPORTATION OPERATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the provisions of that certain Interlocal Cooperation Agreement between the City and DCTA dated May 6, 2008 ("the ILA"), the City is in the process of constructing the DDTC on property owned by the City located between Hiclcory Street and Sycamore Street, and adjacent to Denton Rail Station Addition (the "Property"); WHEREAS, in accordance with the provisions of the ILA, the City has agreed to sell to DCTA the Property, including the DDTC, following completion of construction of the DDTC and close out of the grant related to the DDTC; WHEREAS, DCTA needs possession of the Property to conduct its public transportation operations prior to completion of construction of the DDTC and closing on the purchase of the Property from the City; WHEREAS, the City is amenable to providing the right to DCTA to occupy the Property, upon the terms and conditions provided in that certain Right of Entry and Possession ("Right of Entry"), attached hereto as Exhibit "A"; and WHEREAS, the City Council of the City deems it to be in the best interest of the City to enter into the Right of Entry with DCTA; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute the Right of Entry, for and on behalf of the City, substantially in the form as attached hereto and made a part hereof as Exhibit "A". SECTION 2. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2011. G~ ~ MA A. U~OUGH~, MAYOR EXHIBIT 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: On APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: I~I' a _ Page 2 of 2 EXHIBIT 1 s;\legal\our documents\contracts\11\dcta right of entry-execution origfnal.doc RIGHT OF ENTRY AND POSSESSION STATE 0F TEXAS § § KNOW ALL MEN BY THESE PRESEN'I'S COUNTY OF DENTON § THIS Right of Entry and Possession (the "Righ# of Entry") is entered into effective as of the Effective Date set forkh below, by and between the City of Denton, a Texas home rule xnunicipal corporation (the "City") and Denton Coun.ty Transpartation Authority, a coordinated county transportation authority created under Chapter 460 of the Texas Transportation Code ("DCTA"). WHEREAS, the City owns the tract of real property described on Exhibit "A", attached hereto and made a part hereof (the "Property"); WHEREAS, pursuant to the provisions of that certain Interlocal Cooperation Agreement between the City and DCTA dated May 6, 2008 ("the ILA"), the City is in the process of constructing #he Downtown Denton Transit Center (the "DDTC") on the Property; WHEREAS, in accordance with the provisions of the ILA, the City has agreed to sell to DCTA the Property, including the DDTC, following coFnpletion of construction of the DDTC; WHF.REAS, DCTA needs possession of the Pxoperty to conduct its public transportation operations prior to completion of constructzon of the DDTC and closing on the purchase of the Property from the City; and WHEREAS, the City is amenable to allowing such entry atzd possession, upan the tertns and conditions contained herein. NOW, THEREFORE, for atzd in consideration of the suzxx of Ten and xzo/100 Doilars ($10.00) and other good and valuable consideration to it in hand paid by DCTA, the receipt and 1 48831 (kbl 4/14/11) EXHIBIT 1 s:\legal\our documentr\cantracts\11\dcta right of entry-execuYion original.doc sufficiency of which is hereby acknowledged, City grants to DCTA the right io enter upon and possess the Pxaperty upon the following terms and conditions. 1, DCTA may occupy and possess the areas of the Property other than the area of the Pxoperty constituting the DDTC as shown on Exhibit "A", for uses related to public transportation activities and operations in connection therewith (the "DCTA Activities") from the Effective Date hereof through and including May 1, 2012. DCTA may occupy and use the DDTC, or applicable portion thereof, for uses related to the DCTA Activities, from the earlier of (i) the date of the City issued certificate of occupancy, including temporary certif'tcates of occupancy; or (ii) the date directed by the City Manager of the City, or his designee. Any other ttse of the Property by DCTA is expressly prohibited. 2. The City may occupy and utilize the Property during all times (i) to conduct construction activities related to the DDTC; and (ii) for any other puzpose or nse deemed necessaty or advisable by the City. The City agrees to take reasonable measures to not unreasonably interfere with the DCTA Activities during the conduct of the City's use of the Property during the term of tWs Agreement. 3. DCTA shall obtain in its name and pay all costs of any nature related to all utility services used by llC`FA in its occupation of the Property during the term of this Right of Entry. Notwithstanding the prior sentence, the City shall pay all costs of any nature related to utility services used in relation to and in support of the construction and operation of tlae DDTC until DCTA takes possession of the DDTC under this Right of Entry. 4. DCTA shall maintain the Property in a good state of condition, norznal wear and tear excepted, and maintain all conditions required to continue al] warranties related to the Property. DCTA shall maintain the landscaping installed on the Property by the City in a good condition, 2 48831 (kbl 4/14/11) s:\legal\ourdocuments\contracts\ll\dcta rightofeniry-execution original,doc includ.ing without limitation, the provision of adequate water and vveed control maintenance, and shall keep and maintain the Property clear and free of all debris, trash, litter and other waste. DCTA hereby expressly stipulates tha# except as otherwise provided herein the City is not obligated to repair, replace or maintain any part of the Property durirzg the term of this Right of Entry. Notwithstanding the lack of obligation related to repairs, replacement and maintenance, the City shall use reasonabie efforts to requzre from its contractors and materials providers, as applicable, any repairs or other work covered by wanranties in favor of the City, as requested by DCTA. Furthermore, notwithstanding anything to the contrary herein, the City sha11 retain all maintenance, repair, and replacement obligations, including landscaping maintenance, of the DDTC until DCTA takes possession of the DDTC under this Right of Entry. 5. In the event DCTA does not purchase the Property from the City on or hefore May l, 2012, the rights granted lnerein shall terminate and DCTA shall immediately cease conducting the DCTA Activities. shall vacate, in its entzrety, the Property and remove all personal property, rolling stock, trade fixtures and any ather property owned by DCTA from the Property not later than May 15, 2012. Further, DCTA shall execute and deliver to the City a written stipulation and acknowledgement on such date expressly (i) stipulating that all such property of DCTA has been removed from the Property; and (ii) waiving arzy and all rights DCTA may have to the Property and the property of DCTA that may be located thereon. 6. DCTA ACCEPTS THE PROPERTY I1V ITS PRESENT CONDITION, "AS IS", "WHERE IS" AND "WITH ALL FAULTS". DCTA STIPULATES THAT IT HAS THOROUGHLY INSPECTED THE PROPERTY AND FINDS THAT THE PROPERTX IS SUITABLE FOR THE USES PERMITTED UNDER THIS RIGHT OF ENTRY. CITY MAKES NO REPRESENTATIONS, COVENANTS OR WA_R_R_ANTIES, EXPRESSED, 3 48831(kbl 4/14/11) EXRTBIT-1 s;\legaf\our documents\contracts\11\dcta right of entry-executiorroriginai.dqc STATUTORY OR IMPLIED, OR OF ANY OTHER KIND OR NATURE, CONCERNING OR WITH RESPECT TO THE PROPERTY, INCLUDING WITHOUT LIMITATIQN, AS TO THE TITLE, THE DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERtALS CONTAINED OR LOCATED 1N, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, THE QUALITY, QUANTITY AND VALUE OF '1'HE PROPERTY, FITNESS F'OR PURPOSE, MERCHANTABILITY, AB5ENCE OF LATENT DEFECTS AND COMPLIANCE WITH LAWS AND REGULATIONS RELATED TO THE PROPERTY. 7. DCTA shall comply with (i) all applicable federal, state and Iocal laws, statutes, rules, ordinances and regnlations relating to the DCTA Activities and the use, condition and occupancy of the Property; and (ii) any requirements imposed by utility companies serving, or insurance companies covering, the Property. 8. TO THE EXTENT PERMITTED BY LAW, DCTA SHALL AND DOES 1NDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, ELECTED OFFICIALS AND EMPLOYEES FROM AND AGAINST ALL SUITS, DAMAGES, ACTIONS, LOSSES OR CLAiMS OP ANY CHARACTER, NAME AND DESCRIPTION BROUGHT FOR OR ON ACCOUNT OF ANY 1NJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON, PERSONS OR PROFERTY ON ACCQUNT OF OR RELATED TO (Z) THE OPERATIONS OF THE DCTA, ITS AGENTS, EMYLOYEES, CONTRACTORS, VOLUNTEERS OR SUBCONTRACTORS RELATED TO THE RIGHTS GRANTED HEREIN; (II) ANY ACTION C?R OMISSION OF DCTA, ITS AGENTS, EMPLOYEES, CONTRACTORS, VOLUNTEERS OR SUBCONTRACT4RS RELATED T4 THE RIGHTS GRANTED HEREIN; (III) BREACH OF ANY TERM HEREOF; AND/OR (IV) THE 4 48831 (kbl 4/14/11) EXHIBIT 1 s:\legal\our documents\contracts\11\dcta right of entry-execution original.doc OCCUPATION OF THE PROPERTY BY DCTA, ITS AGENTS, EMPLOYEES, CONTR.ACTORS, VOLUNTEERS OR SUBCONTRACTORS; AND SHALL PAY ANY LOSS, DAMAGE, CLAIM, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, AND ANY NDGMENT, WITH COSTS, WHICH MA.Y BE INCURRED BY, OCCASIONED UPON OR BE OBTAINED AGAINST THE CITY, ITS 4FFICERS, AGENTS, ELECTED OFFICIALS AND EMPLOYEES GROWING OUT OF OR RELATED TO SUCH INJURY OR DAMAGE. 9. DCTA shall not iocate, store or dispose any Hazardous Substances in or on, or release or discharge any Hazardous Substance on or from, the Property. As used herein "Hazardous Substance" means and includes all hazardous and toxic substances, waste or materials, and any pollutant or contaminant, including without limitation, polychlorinated biphenyls, asbestos, asbestos containing materials, petroleum products and raw- materials that are included under or regulated by any Environmental Law or that would ar may pose a health, safety or environmental hazard. As used herein, "Environmental Law" means and includes all federal, state and local statutes, ordinances, rem.ilations and rules presently in force ar hereafter enacted or amended related to environmental quality, contamination and cleanup of Hazardous Substances, including without limitation, the Comprehensive Environrnental Response, Compensation and Liabiliry Act of 1980 (42 U.S.C. 9601, et seq), as amended by the Superfund Amendments and Reauthorization Act of 1986, the Resource Conservation and Recovezy Act of 1976 (42 U.S.C. 6901, et seq), as amended by the Hazardous and Solzd Waste Amendments of 1985, and state super lien and environmental cleanup statutes and all ru}es and regulations presently or hereafter promulgated under such statutes as amended. 10. DCTA shall not: 5 48831 (kb14/14/11) EXRrUTT1 5:\1ega1\our documents~contracts\ll\dcta right of entry-execution original.doc (a) Use the Property for any purpose other than that permitted herein. (b) Create a nuisance. (c) Utilize the Property in any way that would incxease insurance premiums or void insurance on the Property. (d) Alter the Property without written approval by Ciiy Manager's Designee. (e) Allow a lien to be placed on the Property. (o Assign the rights set forth hexein or any right to occupy the Property. 11. DCTA shatl maintain the iiisurance coverage described in the attached Insurance Addendum. 12. DCTA IIEREBY RELEASES THE CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES AND/OR LIABILITIES FOR DAMAGE TO PROPERTY, DAMAGE OR 1NJURY RECEIVED OR SUSTAINED BY ANY PERSON 4R PERSONS, AAMAGE TO OR LOSS OF PERSONAL PROPERTY WITHIN OR ON THE PROPERTY, AND LOSS OF BUSINESS REVENUES, ARISING FROM OR RELATED TO (I) THE OPERATIONS OF DCTA, ITS AGENTS, EMPLOYEES, CaNTRACTORS, VOLUNTEERS OR SUBCONTRACTORS RELATED TO THE RIGHTS GRANTED HEREIIN; (II) ANY ACTION OR OMISSION OF DCTA, ITS AGENTS, EMPLOYEES, CONTRACTORS, VOLUNTEERS OR SUBCQNTRACTORS RELATED TO THE RIGHTS GRANTED HEREIN; AND/OR (III) THE OCCUPATION OF THE PROPERTY BY DCTA, ITS AGENTS, EMPLOYEE5, CONTRACTORS, VOLUNTEERS OR SUI3CONTRACTORS. 13. In the event DCTA shall fail to comply, within twenty (20) calendar days after written notice, with any provision of tlus Right of Entry, DCTA shall be in default hereunder. Upon such default, City shall be entitled to (a) enter and take possession of the Property; (b) termiuate 6 48831 (kbl 4/14/11) EXHIBIT 1 - - s:\legal\ourdocuments\cantracts\31\dcta rightoFentry•execution original.doc this Right of Entry by written notice; and (c) exercise any right ar remedy available to it by contract, law, equity or otherwise. The exercise of any rernedy hereunder by City shall not constitute an election of remedies, and City shall be entitled to exercise any and a11 of the remedies provided for herezn concurrently and cumtlatively. 14. THIS RIGHT OF ENTRY IS PERFORMABLE IN DENTON COUNTX, TEXAS. SOLE AND EXCLUSIVE VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE IN COURTS QF COMPETENT JURISDICTION LOCATED IN DENTON COUNTY, TEXAS. 15. Any notice given by one party to the other in connection with this Right of Entry shall be in writing and sha11 he hand delivered, sent by certified mail, return receipt requested, with postage fees prepaid or via facsimile as follows: City of Denton Attn: City Manager of tkze City of Denton 215 E. McKinney Denton, Texas 76201 ~ Tel. Facsimile No.940/349-8596 With copy to: Mark Nelson, Director of Transportation 215 E, McKinney Denton, Texas 76201 Tel. Facsimile No.940/349-7206 Denton County Transportation Authority Attn: PresidendCEO 1660 South Stemmons, Suite 250 Lewisville, Texas 75067 Tel. Facsimile No.(972) 221-4601 With copy to: Nichols, 7ackson, Dillaxd, Hager & Smith, LLP 7 48831 (kbl 4/14/11) EXHIBIT 1 s:\legal\our documents\contracts\11\dcta right of entry-execution original.doc Attn: Peter G. Smith 500 N. Akard, Suite 1800 Da1las, Texas 75201 Tel. Facsimile No.{214} 965-0010 Notice shall be deemed to be provided a.n.d received when delivered by hand deiivery or telephone facsimile or the third day after being placed in the United States Mail, in the maruner and addressed as set forth herein. The addresses for either party hereto may be changed by notice to the other party, provxded as set forth herein, of such address change. 16. Each Party represents and warrants that it has taken a11 actions necessary to authorize the person executing this Right of Entry on the Party's behalf to bind, in all respects, the Party the person represents to all terms and provisions of this Right of Entry, and that such person possesses the authority to execute this Right of Entry and bind the Party represented. 17. This Right of Entiy does not convey any interest of any kind in the Property and sha11 be at all times construed as a mere license to DCTA to occupy the Property pursuant to the tertns hereof. 18. No waiver or modification of this Right of Entry or of any covenant, conditian, or limitation herein contained shall be valid unless in writing and duly authorized and axecuted by the pariy to be charged therewith. 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 Right of Entry, ox the rights or obligations of the parties hereunder, unless such waiver or modification is in wxiting, and duly authorized and executed by the party to be charged therewith. 19. In the event that any one or more of the provisions contained in this Right of Entry shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not afFect the other provisions of this Right of Entry, and the 8 48831(kbl 4/14/11) EXHIBIT 1 s:\legal\our documents\contracts\ll\dda right of entry-execution original.doc Right of Entry shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Right of Entry. 20. This License and the exbibits attached hereto, constitute the entire agreement among the parties hexeto with respect to the subject matter hereof, and supersede any prior understandings or written or oral agreements between the parties with respect to #he subject matter of this License. 21. This Right of Entry may be executed in multipJe original counterparts, in which case all counterparts taken together will constitute this Right of Entry. IN WITNESS WHEREOF, the parties hereto have executed this Right of Entzy e££ective the 3rd day of May, 2011 (the "Effective Date"). THE CITY OF DENTON, TEXAS, a Texas home rule municipal corporation ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ~ APP VED TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: . , ~ ~y r- By George C. Campbell City Manager 9 48831 (kbl 4/14/11) EXHIBIT 1 s:\legal\our documents\contracts\11\dcta right of entry-execuUon original,doc DENTON COUNTY TRANSPORTATI4N AUTHORITY, a coordinated cownty transportation authority By ~ (J' ritt,Chief Executive Officer 10 48831 (kbl 4/14/11) EXHIBIT 1 s:\legal\our documents\contrads\ll\dcta right of entry-execution original.doc INSURANCE ADDENDUM Prior to May 3, 2011, DCTA shali be required to provide written proof of the following insurance covexages to the City and shall maintain such insurance coverages throughout the term of this Right of Entry: 1. Ail Risk Property Insurance covering the full Replacement Cost of all facilities (including all furnishings and equipment) and iz7zprovements on the Property, including the DDTC. 2. Commercial General Liabilitv Insurance to include premises/operations, products/completed operations, blanket cantractual liabilzty, underground propexty damage, broad form propexty damage, independent cantractors and personal injury. This coverage should be a minimum Coinbined Single Limit of $1,000,000 per occurrence for Bodily Injury and Pxoperty Damage. 3. Automobile Liabilitv Insurance: (a) Minimum Combined Single Limit of $500,000 per occurrence for Bodily Injury and Property Damage; and (b) The Business Auto Policy must include coverage for hired, leased and non-owned vehicles. 4. General nrovisions (a) All policies shall be endorsed to read "THIS POLICY WILL NOT BE CANCELLED OR NON-RENEWED WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE TO THE OWNER AND THE CITY EXCEPT WHEN THIS FOLICY IS BE1NG CANCELLED k'OR NONPAYMENT OF PREMIUM, IN WHICH C.4SE 10 DAYS ADVANCE WRITTEN NOTICE IS IZEQUIRED". (b) Commercial General Liability and Autamobile Liability insurance shall be written by companies with A: VIII or better rating in accordance with the current AM Best Key Rating Guide. 11 48831 (lcbl 4/14/11) EXHIBIT 1 s:\legal\our documeots\contracts\11\dcta right of entry-execution original.doc (c) Co:nnmercial General Liability and Automobile Liability insurance policies shall name the City, and its officia.is, agents, employees, and volunteers, as an Additional Insured. (d) Certificates of Insurance nlust reflect all coverages and endorsements required by this section. (e) Coverage shail be placed with izasurance cariiers licensed to do business in the State of Texas or with zaonadmitted carriers that have a financial rating comparable to carriers licensed to do business in Texas approved by the City. 12 48831 (kbl 4/14/11) ~ ~ m W ~ I g t a i ~ ~ ~ Y 1 WRKAEIE &kINMG- ~x S~ 1 ~ I Y 1 = 1 ~ i 1 r ~ ~ 1 7- 7 -7-,i7 ~ ~ ~ I~ ~,~,w ol i ~ ~ I. _ • I i ❑ t u ~-Cy+ Q ~ ~ 'LBFLLASi WALI. BY OiFFA5 --~GiA PLAr..ORN yy ~]11pi5 ~J NOi M 5CfPE OF NORY ~ f ► I ~ , _ r I i . . tF . '1.' . CAREHITECTIlHAL SRE PLAM ~ r.ti.ff + t3-a" wroe r io'-s' og,e x a' TAu-GA~D OUNPSiER n~^ _ ^T_ _pL~ YATa CI' -ANDARO- ~ TRnxgnv iw rao_. ~ rwrco rov~x~~+'~-•~-~ . l) DDTG GENERAL NOTES: ~ JaCQBS m~wnrr,~ an o-wex s i,m~n u~.,wxc. wvn~ntVennva:ra~HOpL1➢rrtµ~Y'ki1MTE0C~nM1afvw I SITE PLAN KE1'NOTES I . r i7] auasrovmak+as:r,.oi j ~ rr.ece~vvum~enum ~ I ,c vuoeior.m ~.uci ~ ~ e ~ ~ ~ I :a~ m~e.~..w..+arArw.r¢r.w..m.+a»ao i 2 I 30 Iw.oxvmwo~i.ouss I I ~ y \ dt 1? I~E~vCM ~LS>1 ~ i I Af IvRWe~nm ~ IrsaarawwNreicrnim ~ ~ ~ ~ z I W v H ~ _ Z O Z ~ I I~ ~ ~ ~caM~R ~ • Wis B~ZB~QB ~ I ~ ~ ionvx »s usm~ rc't~r . . ~ - mn~/os ~ox ocaa Fcwtw I \V I. :rnioc un asw reurw i • _L . ' I esrnno io~rx~ ~srzucmw; pwFwoo& .~nm ARCHfTECTUAAL SITE PLAIi z A i.00 s:llegallour documentslordinancesll lldcta roe amendment ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO RIGHT OF ENTRY AND POSSESSION ("AMENDMENT"), BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON COUNTY TRANSP4RTATION AUTHORITY ("DCTA"), AMENDING THAT CERTAIN RIGHT OF ENTRY AND POSSESSION (THE "ORIGINAL RIGHT OF ENTRY"), BY AND BETWEEN THE CITY OF DENTON AND DCTA, DATED MAY 3, 2011, SAID AMENDMENT PROVIDING THE RIGHT TO DCTA TQ ALLOW RETAIL SALES AT THE DOWNTOWN DENTON TRANSIT CENTER ("DDTC"), THE DDTC LOCATED IN THE HIRAM SISCO SURVEY, ABSTRACT NUMBER 1184; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the provisions of that certain Interlocal Cooperation Agreement between the City and DCTA dated May 6, 2408 (the "ILA"), the City is in the process of constructing the DDTC on property owned by the City located between Hickory Street and Sycamore Street, and adjacent to Denton Rail Statio;n Addition (the "Property"); WHEREAS, pursuant to the terms of the ILA, the City is ta convey the lands wherein the DDTC is being constructed to DCTA upon completion af consttuction and close out of the applicable grazlt process; WHEREAS, by Right of Entry and Possessian (the "Original Right of Entry") dated on or about May 3, 2011 (Ordinance Na. 2011-073), the City granted the right to DCTA to occupy the DDTC prior to its conveyance from the City to DCTA, upan the terms and conditions provided therein; WHEREAS, the Original Right of Entry did not include the right to DCTA to allow retail sales at the DDTC; WHEREAS, the DCTA desires to allaw retail licensees access to the DDTC to conduct retail sales for the convenience and use of the passengers of DCTA and to further the public purposes of the citizens of the City of Denton; WHEREAS, the City is amenable to such expanded right; WHEREAS, the City Councii of the City deems it to be in the best interest of the City and a furtherance of the public purpose of the citizens of the City to enter into the First Amendment to Right of Entry and Possession with DCTA; NOW, THEREFQRE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute the First Amendment to Right of Entry and Possession, for and on behalf of the City, in the farm as attached he:reto and made a gart hereof as Exhibit "A". SECTION 2. This Ordinance shall become effective immediately upon its passage and appraval. PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 of 2 5:11egal\our documents\contracts\ll\first amendment to dcta right of entry-final.doc Exhibit A FIRST AMENDMENT TO RIGHT OF ENTRY AND POSSESSION This First AmEndment to Right of Entry and Possession (the "Amendment") is dated this day of , 2011, by and between the City of Denton, Texas, a Texas home rule municipal corporation ("City") and Denton County Transportation Authority, a coorainated county transportation authority created unaer Chapter 460 of the Texas Transportation Code ("DCTA"). WHEREAS, on or about May 3, 2011, the City and DCTA entered into that certain Right of Entry and Possession (the "Original Right of Entry") wherezn DCTA was granted the zight to occupy certain real praperty described therein, including, among other lands and infrastructure, the Downtown Denton Transit Center ("DDTC"), as more particularIy described therein ; ' WHEREAS, the DDTC contains cert~in space available to vendors to operate businesses I in conjunction with service to passengers of the DCTA transportation system; WHEREAS, DCTA has requested the City to allow it to Iicense snch retail space to vendors to enhance and accommodate passenger service and convenience and to further the public purpose of the citizens of the City in such regard; WHEREAS, the City is amenable to such activity on the terms and provisions provided herein. NOW, THEREFORE, for and in consideration of the mutual promises and covenants set forth herein and other gaod and valuable consideration, the receipt and sufficiency of which is kzereby acknowledged by City and DCTA, the City and DCTA hereby agree to amend the Original Right of Entry as follows: 1 s:\legaE\our docurrEentslcontracts\ll\first amendment to dcta right of entry-final.doc 1. Sectian I.A. is hereby added to the Original Right of Entry, which said Section I.A. shall read as follows: I.A. Subject ta the terms herein, DCTA may grant Iicenses to occupy the Retail Space (herein so called) within the DDTC, as depicted on Exhibit "A," attached hereto and made a part hereof, to conduct retail sales activities that enhance or improve passenger service, comfort and/or convenience related to the pubiic transportation activities and operations of DCTA subject to the following: (a) Any license granted by DCTA pursuant ta the authority granted herein shall contain terms and provisions that, unless the obligation is specifically required below to be "identical" to that provided in the Original Right af Entry, in substance require the party granted the license ("the Retail Licensee") to agree to the following: (i) The license shall be subject ta all of the terms and provisions of the Original Right of Entry; (ii) The term of the license shall not exceed the tertn of the Original Right of Entry; (iii) The Retail Licensee shall pravide the property condition related acknowledgement to the City identical to the acknowledgement provided by DCTA in Section 6 of the Qriginal Right of Entry; (iv) The Retail Licensee shall provide indemnity to the City identical to that provided ta the City by DCTA in Section 8 of the Original Right of Entry; 2 s:\legaf\aurdocuments\contracts\ll\first amendment to dcta right of entry-final.doc (v) With the exception of the AIl Risk Property Insurance, the Retail Licensee shall provide the identical insurance coverage, and comply with all terms and provisions related ta such insurance coverages, including without limitation, the naming of the City as an Additional Insured in the various required policies, as identically required to be provided by DCTA in the Insurance Addendum of the Original Right of Entry. (b) DCTA shall be entitled to retain all proceeds payahle under the licenses authorized herein to partially offset expenses it will incuar related to maintenance of City owned real property, as set forth in the Originat Right of Entry. Further, the provision of retail services by DCTA and/or the Retail Licensees, as authorized herein, sezves to enhance the public transportation activities of DCTA and the public purpose of the citizens of the City, as users af such services. (c) DCTA shalZ be permitted, upon express written appraval of the City, acting by and through the Ciry Manager, or his designee, to alter or modify the interiar of the Retail Space to allaw or facilitate the retail sales activities of the Retail Licensee. In the event DCTA desires to construct such modifications, DCTA shall submit detailed plans of such activzties, including without iimitation, the proposed time line for such activities, in form and substance satisfactory to City. City shall review such plans and, in its reasonable discretion, either approve, deny or request further information from DCTA not Iater than ten (10) business days of the City's receipt of such plans. In the event City does not respond within such time, 3 s:\legal\our documents\contradslIl\first amendment to dcta right of entry-final.doc it sha11 be deemed that City has accepted such plans. Any and all activities related to the modification or alteration of the Retail Space shall be performed by, and at the sale cost and expense of, DCTA and/or the Retaii Licensee. Nothing contained herein shall relieve the obIigation upon the Retail Licensee ta obtain building permits and to comply with all other ordinances, policies a.nd rules of City related to Retail Licensee's activities within the Retail Space. (d) DCTA shall provide true and canect copies of any license entered into by DCTA pursuant to the authority granted herein, as soon as reasonably practicable, but in no event later than five (S) business days after the effective date of such license. 2. Section 7 of the Original Right of Entry is hereby deleted in its entirety and replaced with the follawing: 7. DCTA shall comply with (i) all applicable federal, state and local Iaws, statutes, rules, ordinances and regulations relating to the DCTA Activities, including without limitation, alteration and modification activities as provided in Section 1.A., abave, and the nse, condition and occupancy of the Property, including without limitation, allowing use of the Retail Space by Retail Licensees, as provided in Section 1.A., above; and (ii) any requirements imposed by utility com.panies serving, or insurance companies cavering, the Property. 3. Section 10(d) af the Qriginal Right of Entry is hereby deleted in its entirety and replaced with the following: (d) Except as expressly pravided atherwise herein, alter the Property without written approval by City Manager's Designee. 4 s:llegal\aur documents\contracts\ll\first amendment to dcta right of entry-final.doc 4. Section 10( fl of the Original Right of Entry is hereby deleted in its entirety and replaced with the following: ( fl Except as expressly provided atherwise herein, assign the rights set forth herein or any right to occupy the Property. 5. Except as expressly amended or modified herein, the terms and provisions of the Original Right of Entry shall remain valid and subsisting as originally provided. 6. This Amendment shali became effective uport the date it is signed by the last of the authorized representatives of City and DCTA, as set forth below. SIGNED AND AGREED this day of , 2011. THE CITY OF DENTON, TEXAS, a Texas nome rule municipal cozparation By ATTEST: 7ENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CTTY ATTORNEY BY: George C. Campbell City Manager 5 s:\legal\our documents\contracts111\first amendmentto dcta right of entry-final.doc SIGNED AND AGREED this day af , 20ll . 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JAcaBS LEGEND Ti?Sil M!FlNh"1 R"erYf'uJlSHit1 - LPiM[AN:NCi. -3 s4YCLC ti-ff 4Ff. caBvcT uoiwTTo rrnnrui~ - z ~r 5 ta xnawppo3 ~ 4 e,,;~ dnwras~cx r, M sd< ~rkm 7 f 5... IXLG 9C kkWO'VEG ~ r rr ~ ya~ r.frvaa wAr.li_mS~kNC 13 Ra+.nce ;i. ~ ~v~ +~o ~?A~! s e rsnn na ~;~n v CO ~Nrv1 F4d atl UR .L+P.wE] !?'~'.NG ~ e~s7na¢ ao!as in a M ~ ~ U? s ~ E'KISPFYG &0a1 14 3e R'ekpvEr ~ liCd.R+ 5 ~ W ~ ~ ~ ~ ~ 0 W a u in Ikum 09+474Wf3WE9400 CNmSYN10MiE Bl26JID8 wn "N~r u~!r ^}th31Ma '~¢q eiSCn FES+Ew ¢3~73i69 355 f'Y,41 r~'E~ ewr~SrDV (oua ~ crmna.Nm {y5f;Y11p iqR' FC- ~;e~ ~PiN4 YI[EF CCMANM FLQa~ ~LAN 0 . [Y' ItlEEI'A.. . . ' 1a01 ?€AFN TpllE CITY OF DENTON CITY COUNCIL MINUTES April 12, ?O11 After deterinining that a quoniin was present, the City Council convened in a Worlc Session on Tuesday, April 12, 2011 at 4:00 p.in. in the Council Worlc Session Rooin at City Hall. PRESENT: Mayor Burroughs, Mayor Pro Tem ILamp, Council Member Engelbrecht, Council Member Gregory, Council Member Heggins, Council Member ILing, and Council Meinber Watts. ABSENT: None. 1. Receive a report, hold a discussion, and provide staff with direction related to the Request for Proposals (RFP) being prepared for an update to the City of Denton's Comprehensive Plan (the Denton Plan). Mark Cunningham, Director of Planning and Development, stated that the City Council had directed staff to iiutiate the process of updating the Comprehensive Plan. Cuiuungham stated that the Plaiuung staff had conducted several scoping meetings to seelc direction of how to design the RFP for the consultant and help guide and lead staff through the process. He stated that the eleinents of the current Denton Plan included - Public Involveinent; Land; Design; Environinent; Commuiuty Development; liifrastnicture; and linplementation. He stated that as staff loolced at these eleinents and how things had developed throughout the city since the plan was put in place, where we were now, and where we predicted we would be, these elements might change. He stated that staff had presented the Citywide Strategic Plan to Council and that it included some key focus areas that would be incorporated into the elements of the comprehensive plan wluch would also be included - Public liifrastnicture; Sustainable Economic Development & Enviroiunental Stewardslup; Safe, Livable and Family Friendly Commuiuty; and Partnerslups and Regional Leadership. Cuiuungham stated that the following elements were being proposed for the RFP: Vibrant Commuiuties; Commuiuty Services; Public Utilities and liifrastnicture; Enviroiunental Mana(yement and Sustainability; Economic Vitality; Regional Influences; Growth Manatlyement; and Iinpleinentation. There were soine topics in each of these areas that they would lilce to discuss also. They looked at each element of the plan individually. On Vibrant Communities - Housing Variety; Urban Design; Mobility / Transportation [DCTA (train & buses), Rights-of-way, Bilce Lanes]; Rural and Suburban Commuiuties; Historic and Cultural Resources; Sceiuc Resources; [Entrance ways and Major corridor development]; and Commuiuty Development [Commuiuty Development Block Grants, Consolidation plan, Neighborhood Planning/Revitalization]. On Commuiuty Services - Public Education [DISD, LTNT, TWU]; Public Safety and Health [Fire, Police, EMS]; Social Services; Libraries; and Parlcs and Recreation (floodplains as ainenities or passive parlcs). City of Denton City Council Minutes April 121, 210 11 Page ? On Public Utilities and Infrastnicture - Roads; Drainage; Water/Wastewater; DME; Solid Waste & Recycling; Transportation and Operations; EYamine Public Utilities Growth Plulosophy; Strengthen coiuiection between Mobility Plan and Comprehensive Plan; Funding stnicture for development, and Gas Wells/Pipelines. On Enviroiunental Management and Sustainability - Sustainability; Ecosystem Management; Air Quality; Water Resources; Land Resources; and Mineral Resources [Oil and Natural Gas]. On Economic Vitality - Land-Use Balance [ratios of housin~ types, jobs: housin~]; Commercial Development [Red evel opment/revital izati on (target specific industries); and lii-fill development]; liidustrial Development; Waterfront Assets [Lalce Ray Roberts]; Airport; and Downtown Developinent / Redevelopinent [DTIP]. On Regional linfluences - Denton County; Upper Triiuty Water District; 35W Coalition; TYDOT (Outer Loop, 1315 eYpansion); Northwestern Areas [Sanger, ILniin, Ponder]; Eastern Areas [Cross Roads, ILrugerville, US 380]; Northern Areas; Southern Areas; and Vision North Texas. Council Member Engelbrecht suggested public discussion with people in the ETJ. On Growth Manageinent - Deinographic forecast; Identify potential High Growth Area(s); Proactive versus reactive planning; and Sinart Growth Principles [Provide a variety of transportation choices; Strengthen and direct development towards eYisting commuiuties; Preserve open space, farmland, natural beauty and critical enviroiunental areas; MiY land uses; Malce developinent decisions predictable, fair and cost effective; Foster distinctive, attractive communities with a strong sense of place; Encourage community and stakeholder collaboration; Create wallcable neighborhoods; Create a range of housing opportuiuties and choices; and Talce advantage of compact building design]. On linplementation - Enforcement; Benchinarks & success indicators; Schedule and funding source [TIF, EYamine Cost/Benefit Analysis models to determine if there is a model that can be incorporated into the Plan; Priority-based implementation based on costs to City]; DDC update; Mobility Plan update; and Park Plan update, etc. Council Meinber Gregory requested a copy of the PowerPoint presentation. Cunninghain reviewed the RFP tiinelines. He stated that staff had held two internal scoping meetings and would continue with the RFP process. Biddin~ would close on June 6. On June 7, the City Council would receive an update and by then, they should have a cost. Regardless of the cost, he stated that the City would do all it could from the City's perspective to miiumize the cost by doin~ as much in-lcind contribution by usin~ City staff in conjunction with the consultant to bring that cost down. After June 7, they would continue with the RFP process. On June 19, staff would bring another update to the Council on how tlungs were progressing. Cuiuungham stated that tlus was a long process and would probably talce about a year. Cunnin~ham stated that the Comp Plan process included extensive data collection and public involvement, everytlung to make sure that our plan was based on accurate current data, where we were, where we wanted to go, and how we filled those gaps. City of Denton City Council Minutes April 121, 210 11 Page 3 Cunningham stated there would be a constant review relationship between the consultant and staff. As staff received the iiiformation for the elements, that iiiformation would be vetted out to established boards, commissions, and committees - Committee on the Enviroiunent, Plaiuung and Zonintly Commission, Mobility Committee, Public Utilities Board, Economic Development Partnership Board, and any other board, coininission, or coininittee that had a concept of the vision of the city, the lustory of the city, so that we can lceep that continuity moving forward. Once that was done, the final product would be brought to Council for approval. Council Meinber Watts aslced if there was a way to identify in the current plan soine of those major goals and strategies and how we had met those goals, how we had fallen short, and wluch ones were important and wluch were not. Cunnin~ham stated that would be part of the data collection process. Council Meinber Gregory stated that he would lilce to see some measurable goals. Mayor Burroughs stated that this was part of the process but aslced if the city wanted to be perceived as a customer friendly commuiuty. A way to measure that would be by seelcing customer feedbaclc. 2. Receive a report, hold a discussion, and give staff direction regarding a policy to establish guidelines to evaluate and process requests for City sponsorship of special events and programs. Einerson Vorel, Director of Parlcs and Recreation Departinent, stated that currently the City had no policy or guidelines addressing requests for sponsorship of special events. He stated that the Council had the draft policy and the draft application. He stated that they left the policy fairly broad and brief and included more of the details in the application. Vorel stated that staff's recommendation was that the Hotel Occupancy Tax (HOT) Fund Committee would handle the iiutial evaluation of any application that came in for sponsorslup. The HOT Fund Committee had direct laiowledge of what events currently received funding from the City. If this process was selected, the charge of the HOT Fund Coininittee would have to be altered to reflect this new taslc. Staff also recommended that the Committee accept applications in January and Febniary. The Hot Fund Committee could make recommendations to the Council and those discussions could be part of the aiuiual budget process. Vorel stated that there would be soine follcs that would coine in out of the cycle and want to be included in tlus discussion. Staff's recommendation was to process those, worlc those into the schedule whenever they appeared, give them an opportuiuty (at least the first year to come in outside of the cycle with the understanding that the second year (if it was a multi-year event) they would be expected to be part of the standard cycle process. The HOT Fund Committee would malce recommendations to Council and Council would malce the final decision. City of Denton City Council Minutes April 121, 210 11 Page 4 The Parks & Recreations Director would have the ability to approve use of some of the rooms in some of the PARD buildings. They had some long-standing agreements with some small groups that came in once a month and used a room in a facility for a certain length of time. Vorel stated that Denton Municipal Electric (DME) sponsorships were separate froin this policy. Vorel reviewed the application. The maYimum reduction a group could request on a standard facility usage fee was 50% of the standard rental cost. The group would still be responsible for building attendant fees, cleaning fees associated with a building rental, and any other fees established by ordinance. The cost of any damages would be the responsibility of the orgaiuzers. Vorel stated that the policy did not distinguish between a non-profit and a for-profit event. Staff had discussed liiniting sponsorship to groups based in Denton and also including a tiined phase- out of sponsorslup over a multi-year process. If any orgaiuzation had an outstanding balance from the prior year, they would not be considered for funding for the year. These issues could be determined and recommended to the City Council by the HOT Fund Committee as a result of committee and staff deliberations on the matter. 3. Receive a report, hold a discussion and give staff direction regarding the Council's objective of developing commuiuty leaderslup through boards and commissions. City Manager, George Campbell, stated he would lay out the issue and hoped that Council would have some discussion to determine what they would lilce to do to aclueve some objectives they would like to occur with boards and commissions. At the 2009 retreat, Council had determined they wanted to maintain a continuity of vision for Denton's future. Specifically they wanted to grow elected and appointed leaders who would continue this vision. The action that the City Council had established at the retreat was that Council wanted to use the board and commission appointments more intentionally as a way to engage future leaders. Cainpbell stated that the Council had discussed the current process where each Council Meinber nominated a person to serve on each board or commission. Those nominations were then forwarded to the City Council and the nominations presented at a City Council meeting and were acted on at that tiine. The Council had indicated that they wanted to have a worlc session ahead of those appointments and have some group discussion about those appointments rather than just have individual meinbers of the council malcing nominations and there being a sense that those were really automatic appointments. The Council had indicated they wanted to be able to identify various groups that had interests in the commuiuty that might need more representation on boards and commissions. Council had indicated they wanted to ensure that the appointments they made to boards and commissions reflected the direction or philosophy that the City Council had at that time. They needed to create the continuity but also needed the boards and coininissions ineinbers to reflect the plulosophy of the City CounciL Campbell stated that lus eYperience had been over the years that that generally would lag the City Council because as Council Members changed it took time for boards and commissions members to serve out their term limits or to be replaced by Council Members that might have a different philosophy of the way the City should be governed. City of Denton City Council Minutes April 121, 210 11 Page 5 Campbell stated there were a couple of options Council could discuss to determine what they wanted to aclueve with the idea from the 2009 retreat. They could leave the process as it was or modify the process to ensure greater participation by the entire Council as the boards and commissions appointments were beint', made. For example, they could establish a process, for instance, where a committee of the City Council, such as the CAPR Committee, could be the body that accepted applications from each Council Meinber. Each Council Meinber could malce more than one nomination for a board or commission, but that committee could then collectively loolc at the group of nominees and come baclc to the City Council with a recommendation that would consider all the criteria that they had established. At the 2009 retreat, Council had tallced about the need to be sure that those appointees represented all of the diverse groups and interests in the coininunity such as including ethnic and gender diversity on the boards or commissions. The committee could talce those nominations and weigh the criteria and come up with a group of people to nominate for any board or commission rather than each Council Meinber doing that on their own. Council had an advantage if they came to the conclusion that somebody was not pursuing the City's general overall plulosophy in that it was probably a little bit more graceful for the whole Council to be able to say we looked at the whole makeup of the committee and tlus was the makeup that we think would best serve our needs at this point rather than individual Council Meinbers being responsible for saying we would lilce to replace soinebody on a board or commission. Mayor Burroughs stated that soinetiines when you becoine a Council Meinber you tend to inherit nominations and it was hard to do anything about it. Council Meinber Engelbrecht stated that even if the method was changed, it would be probleinatic to appoint soineone and then two years later they were not re-appointed. Council Meinber Gregory stated that when he nominated someone, he felt a certain responsibility for the person he nominated. If their voting was consistently in a direction that was not anywhere close to his point of view or the Council's point of view, he felt he needed to be aware of that and talce responsibility for that. Mayor Burroughs stated that the Council should go through the nominations at a worlc session, where the entire Council could go through thein as a group that way they would not rislc possible domination by a small group. Council Member Watts stated that the Council needed to have good conversation, honest candor conversation regarding the noininees. He stated it was their duty as a Council Meinber to be soinewhat responsible for the people they had noininated and hoped that other Council Meinbers would be forthright either with their eYperiences or their observations in that regard. Several Council Meinbers suggested receiving a quarterly or seini-annual report froin the chair of each board and commission on whether their committee was performing well and any other input they thought Council needed to have. Council Meinbers also stressed the importance of traiiung for board and commission members. City of Denton City Council Minutes April 121, 210 11 Page 6 General consensus of the Council was that they should be provided Council Coininittee reports once a year. The chair of each board and commission should come to a Council meeting once a year and give a short report on that board or commission. Some lcind of orientation should be established for board and coininission ineinbers. General consensus of the Council was that the board and commission appointment process should start with a work session where Council brings nominations for consideration and there would be discussion regarding these noininations before the list was finalized for approval. Following the completion of the work session, the Council went into Closed Session at 6:10 p.m. L Closed Meeting: A. Consultation with Attorneys - Under Texas Governinent Code, Section 551.071. L Consultation, discussion, deliberation, and receipt of information from the City's attorneys regarding potential litigation with Denton County Electric Cooperative, liic. d/b/a CoServ Electric and CoServ Gas, Ltd. relating to disputes conceriung francluse issues, where public discussion of these le~al 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 TeYas. With no further business, the meeting was adjourned at 6:40 p.m. MARIL A. BLJRROUGHS MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASST. CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 19, ?O11 After deterinining that a quoniin was present, the City Council convened in a Worlc Session on Tuesday, April 19, 2011 at 3:00 p.in. in the Council Worlc Session Rooin at City Hall. PRESENT: Council Meinber Engelbrecht, Council Meinber ILing, Council Meinber Heggins, Council Meinber Gregory, Mayor Burroughs, Council Meinber Watts, and Mayor Pro Tem ILainp. ABSENT: None Mayor Burroughs stated that Council would be going into Closed Session. L Closed Meeting: C. Consultation with Attorneys - Under Texas Governinent Code, Section 551.071. Receive a status report regarding the litigation entitled: The Uiuversity of North TeYas, Appellant v. The City of Denton, TeYas, Appellee, Cause No. 02-09-00395-CV, before the Fort Worth Court of Appeals, reversed and remanded to the 158th Judicial District Court in and for Denton County, TeYas; and discuss, deliberate and provide the City's attorneys with direction and any recommendations regarding such legal matter. A public discussion of this le,,al matter would conflict with the duty of the City's Attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of TeYas. Council returned to Open Session at 3:40 p.m. L Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda items. 2. Requests for clarification of a~enda items listed on the a~enda for April 19, 2011. Council Meinber Watts aslced aboLrt Consent Agenda Item 4A and whether there were two velucles or one velucle with a cab. Milce Ellis, Fleets Superintendent, stated that there were two vehicles. Council Member Engelbrecht asked if the city had a policy in regards to fuel consumption. Ellis stated that in 2006 the Council approved a clean fleet ordinance which stated that the City would purchase the cleanest velucle available to the City. Council Meinber Engelbrecht aslced if when trading out the fleet, was the overall price loolced at in terms of best price when it would be sold. City of Denton City Council Minutes April 19, 210 11 Page ? Ellis stated that they loolced at retiLirn on investinent when they loolced at vehicles for the entire fleet because of the resale marlcet. Council Member Watts asked about Consent Agenda Item 4C He questioned if the additional funds that would be added to the bid costs would represent the overall cost. Emerson Vorel, Director of Parks and Recreation, stated that the bid price was for constniction and installation. It would be purchased off the Buy Board as an installed price. Council Meinber Watts aslced if the funding was from the Parlc Dedication Fees. Vorel stated that 100% of the funding was froin the Parlc Dedication Fees. Council Meinber Watts aslced for a report on past purchases made with eYtended warranties on velucles. He also indicated that he would lilce to reserve the right to possibly pulling Consent Agenda Item 4L for separate consideration. 3. Receive a presentation by President Lane Rawlins from UNT regarding LTNT's Community Engagement Plan in the North TeYas Region. Lane Rawlins, LTNT President, reviewed his presentation "The Circle of Influence for Major Research Universities - a proposal for the future of North Texas". He felt there was a need to do more outreach in the region and showed how the eYistence of major research uiuversities was iiifluential in the region. Steps involved in attaiiung the circle of influence included: (1) access and image, (2) academic program and continuint', education delivery, (3) promotint', economic development, (4) direct involvement and partnerships, and (5) a new place with unique capabilities. Critical short-term needs included a continuous process for commuiucation and plaiuung, open discussion of priorities and partnerslups, and political and financial support. 4. Receive a report, hold a discussion, and give staff direction regarding the initial assessment for redistricting in the City of Denton, redistricting criteria, and guidelines for redistricting processes and schedules. City Attorney Burgess noted that the census nuinbers were in and redistricting was a process that needed to be started. She introduced Bob Heath who was with the consulting firin worlcing on the City's redistricting. Bob Heath, Biclcerstaff Heath Delgado Acosta, stated that voting was based on a constihitional principle that required one person - one vote. Voting districts must have approximately equal populations. If a new federal census indicated population changes, goveriunental entities have to determine whether eYisting districts still satisfied tlus requirement. If not, the population had to be rebalanced by re-drawing district boundaries. Denton had a lot of growth that was not uniform throu~hout the city and was currently not in compliance. Deviation of population - for a legislative plan drawn by a goveriunental entity, a deviation of less than 10% most of the time would be acceptable. If it was above 10% it would not be acceptable. The deviation was ineasured between the single ineinber district with the greatest City of Denton City Council Minutes April 19, 210 11 Page 3 population and the district with the least population. After redistricting, each of the districts would have rouglily equal population and the district with the greatest population would not be more than 10% larger than the district with the least population. Census data used for redistricting included using the block level, the total population, voting age population, race, and Hispaiuc origin. Main issues associated with redistricting included the Department of Justice's role in preclearance and legal standards for liability. The Department of Justice loolced at whether ininorities would be worse off under a proposed new systein. To obtain preclearance an entity must show that the proposal neither had the purpose nor would it have the effect of denying or abridging the right to vote. He reviewed Section 5 of the Voting Rights Act and the benclunark used as the standard against wluch retrogression was measured. Section 2 of the Votin~ Ri~ht Act prohibited election practices that discriminated on the basis of race or language ininority status. He reviewed the terins craclcing or paclcing voters in a district and redistricting standards adopted after the Shaw verses Reno case. Adopt redistrictint', criteria - criteria to be considered when redistrictint', included (1) adoptint', districts of relatively equal size, (2) identifiable boundaries, (3) maintainint-1, communities of interest and neighborhoods, (4) using whole voting precincts, (5) basing the plan on eYisting districts, (6) drawing districts that were compact and contiguous, (7) keeping incumbents in their districts, and (8) narrowly tailoring the plan to coinply with the Voting Rights Act. Steps to balancing conflicting legal obligations in redistricting included (1) plaiuung ahead and building a record, (2) being aware of legal obligations and responsibilities, (3) adopting criteria that reflected traditional redistrictin~ principles, includin~ consideration of race to the extent required to ineet obligations under the Voting Rights Act, (4) paying attention to the criteria when drawing the plan by considering and evaluating each plan presented whether by a consultant or by the general public in light of the adopted criteria, (5) analyzing the final plan in terms of how well it conformed to the criteria, (6) making sure the analysis was furnished to the governmental body before it voted on the plan, and (7) avoiding tnily bizarre districts. Heath reviewed the proposed 2011 timeline for redistricting and the iiutial assessment benchinark indicatint-ly that District Four was the district with the most deviation. Council Member Watts questioned what would happen to a current representative if a district was redrawn and he/she would no longer be in that district. Heath stated in that case the representative would typically serve out the term but if he/she wanted to nin again, would have to live in the new district. City Attorney Bur~ess stated that there was a constitutional provision to continue to serve until a successor was qualified to serve. 5. Receive a report, hold a discussion and give staff direction regarding the allocation of streets bond fund savings associated with the 2005 Capital Iinproveinent Prograin. Jim Coulter, Director of Water Utilities, stated that the Street Reconstniction portion of the 2005 Bond Program was nearing completion. There were a total of 41 street segments identified for City of Denton City Council Minutes April 19, 210 11 Page 4 reconstniction with 38 completed. Savings realized with the completion of these projects would be moved to the streets that needed the most work. The CIP Oversight Committee recommended moving the savings money over to the Boiuue Brae project with the specific instnictions to authorize the en~ineering and once that was completed to come baclc for authorization on the rest of the savings money. Council Meinber Watts noted that the three streets left were Gay, Northridge and Boiuue Brae. Staff was not anticipating a need for additional funding. Coulter indicated that money was being set aside to malce sure the dollars were there when they were ready to complete those proj ects. Council Member Watts stated that staff was confident that there would be enough money to complete the proj ects. Coulter stated that they were holding baclc enough to talce care of any contingency on Northridge on the street side but he was not sure about the drainage side. Council Meinber Watts aslced if Northridge was included in the one cent taY for drainage. Coulter replied correct that it included the detention pond which was completed. The second phase was the underground storm drain. Council Meinber Gregory stated that the gas well drilled on Rayzor Ranch at Bonnie Brae Street had to provide inoney to the City for wear and tear on streets. Council Meinber Engelbrecht stated that he would lilce review the engineering plans once the curb on Bonnie Brae was engineered before going forward. Coulter stated that they would be bringing back the engineering contract and constniction project t0 C OLi11C11. Council Meinber Engelbrecht stated that he would lilce to see what the plans would loolc lilce before going all way through engineering in case Council wanted to make some comments on the plans. Council considered Item 9. 9. Receive a report, hold a discussion, and provide staff direction on the constniction of a Landscape Equipment Storage Area building at the Denton Municipal Airport. Quentin Hix, Airport Manager, stated that this project was the constniction of a landscape equipment storage area building at the Airport. He reviewed the budget details needed to build the storage facility and presented options on size of building, including worlc bays, office area and secure tool stora~e area. The buildin~ bid tabulation was reviewed with Hix indicatin~ that in the future he would be bringing to Council the proposal for actual expenditures. City of Denton City Council Minutes April 19, 210 11 Page 5 Mayor Burroughs aslced what the estiinate was froin the architect on what the project would cost. Dean Hartley, Facilities Manager, stated that the opiiuon of the arclutect was about $355,000. Council Member Watts felt that the cost was high for a 2,000 square foot metal building. Hartley stated that the project included a wash bay with separator. The cost increased as the location of the proposed building was 175 feet froin a sewer connection which added to the cost plus there would be briclc on the outer side of the building on the ninway side. Council Member Watts questioned what was needed from Council at tlus time. Hartley stated that they wanted to present the project to Council at this meeting and would bring it back on May 3rd for consideration. Consensus of the Council was to proceed with the project. Council considered Item 6. 6. Receive a report, hold a discussion and give staff direction regarding the reallocation of Capital Improvement Program (CIP) funds approved for the design, property acquisition, and constniction of entry corridors for powntown Denton. Emerson Vorel, Director of Parks and Recreation, stated that the 2004 CIP Bond program approved $700,000 for entry corridors either on Dallas Drive or Fort Worth Drive. As both of these streets were scheduled for inajor reconstniction within the next five years inoving forward with eiiliancements was not recommended at tlus time. The Downtown linplementation Plan had called for the installation of wayfinding signs throughout the downtown area as it was long past time to replace some of the signs at the front of city buildings. The Downtown linplementation Plan Committee had been looking at options for signs and was asking for Council to consider moving the money approved in the bond election for multiple entrances for the City to pay for the wayfinding signs. City Manager Cainpbell aslced what could be purchased for the $700,000. Ron Menguita, Plaiuung Supervisor, stated that the plan was to come back to Council with a proposal for wayfinding signs, secondary signage, inajor signs on the highway and lcioslc signs throughout the city. Staff was currently putting a theme together for the public to provide comments. Council Member En~elbrecht stated that this would be an ima~e issue and to be cautious on how that would be determined. Menguita stated that staff was worlcing on those issues and would be presenting it to Council in the next month in order to provide citizen input. Consensus of the Council was to proceed as proposed. City of Denton City Council Minutes April 19, 210 11 Page 6 7. Receive a report, hold a discussion, and provide staff direction regarding delinquent tax collection services. Mayor Burroughs left the meeting with a conflict of interest. Bryan Langley, Chief Financial Officer, presented the details on the current contract. The current contract was originally awarded to Sawlco and Burroughs on July 1, 21005. All fees for delinquent taY collection services were paid directly by the delinquent taYpayers. The original contract expired on June 2008. Staff solicited requests for proposal in lieu of automatically extending the contract with renewal options. That process determined that Sawko and Burroughs was the best overall proposal and was awarded a new contract in November 2008. The ?008 contract eYpired on June 30, 2011. That contract had a provision for two one-year renewal options. If both one-year renewal options were exercised, the contract could be extended until June 2013. Performance requirements - current contract collections were required to be at least 60% of the current year delinquencies and 30% of all prior year delinquent amounts. Sawko and Burroughs provided a summary of their performance which indicated they had complied with these requirements. Collection performance was verified independently by City staff. Contract options - Option 1 would renew the agreement for a period of one year through the existing renewal option in the contract. Option 2 would solicit new requests for proposals for the taY collection contract. The current contract could be renewed on a month-to-month basis wlule staff conducted the request for proposal process. Option 3 would enter into negotiations and award a contract to another law firm. Since these were considered a professional service, state law did not require the solicitation of bids or proposals. Council Meinber Watts stated that a prior issue had been not to have the Mayor involved in the daily activity for collection of taxes and that a fire wall had been installed so that would not happen. He aslced how consolidation suits were handled when the Mayor was involved. Greg Sawlco, Sawlco and Burroughs, stated that for the most part with a consolidation of taY suits, Mr. Burroughs was excluded. However, once he provided a conflict disclosure and walled hiinself off froin the decision process, there was no reason why he could not actively participate in the suit. It was more of an issue when the city was the main complainant. lii those cases the notices were sent to him and if not, they went to Mr. Burroughs. Mayor Pro Tem ILainp aslced if they were still doing contracts with DISD. Sawko replied correct and that most of their current contracts were month to month contracts which worlced well for both the firm and the contractin(y entities. He indicated that the firm had been in business in Denton for 17 years and had a stake in the community. Council Member Gregory felt that a month by month contract would need to be moiutored for perforinance on a inore regular basis rather than waiting until the contract was due to expire. He aslced if it would be a fair ineasure of perforinance to aslc for quarterly reports or were the collections in bits and spurts and not good for that type of report. City of Denton City Council Minutes April 19, 210 11 Page 7 Sawlco replied that they were already providing quarterly reports. He stated that he lilced a month to month contract as it kept them on top of the situation and provided for constant commuiucation. Council Meinber Engelbrecht aslced why staff did not propose a inonth to inonth option rather than the request for proposal process. Langley stated that the current contract had terms to extend the contract for an additional year with a 30 day out notice. Staff would prefer a specific term of contract as a month to month contract would be an unusual situation. Council Member Watts stated that month to month contracts were not done with any other type of contract. He did not feel there was a need to go out for a request for proposal process. To change to a 30 day month to month contract with possible political agendas would not be good. Consensus of the Council was to proceed with Option 1 which was the renewal of the contract for one year. Mayor Burroughs returned to the meeting. 8. Receive a report and hold a discussion on Traffic Operations Study conducted for the Downtown Iinpleinentation Plan. PS Arora, DRC Engineering Admiiustrator, stated that a traffic study had been done by the Downtown Iinpleinentation Plan in August of last year but staff wanted to bring the shidy down on a inore street level. The Traffic Operation Study went bloclc by bloclc for each street and toolc cross sections of the streets, loolcing at future traffic flows based on development proposed for the downtown area. The study was done in two phases. Phase I was to qualify and quantify the pass through traffic going through the downtown area. Phase 2 evaluated the bloclc by bloclc impact of the proposed Downtown street modifications on anticipated operational conditions of the area. The modifications had to fit into the eYisting right-of-way or building line as opposed to the Jacobs study wluch did not consider that. Presentations on viewings of how the streets would loolc once coinpleted were reviewed along with DTIP Section Feasibility Assessinent. Recommended traffic eiiliancements included (1) acquisition of right of way for the proposed DTIl' section for Bell Avenue, signalization at Bell Avenue and Oalc Street and signalization at Carroll and Sycamore and (3) constniction of Bell Avenue with median for center left turn lanes with noted critical left turn lanes. DCTA was currently developint', bus route plans from the Downtown station. Bike access and circulation requirements were presented along with pedestrian movement on sidewallcs. The estimate cost for roadway improvements was $12.4 million at current dollars. The short range recommendations in 1-3 years included lcey corridors for early implementation. Medium range recommendations in 3-10 years included the reconstniction of the Mews streets and the long range recommendations over 10 years included development of full build-out densification of the downtown development patterns. Council returned to the Closed Meeting at 6:40 p.in. City of Denton City Council Minutes April 19, 210 11 Page 8 L Closed Meeting: B. Consultation with Attorneys - Under Texas Governinent Code, Section 551.071; and Deliberations Regarding Real Property - Under TeYas Goveriunent Code, Section 551.0721. 1. Discuss, deliberate, and receive inforination froin Staff and provide Staff with direction pertaining to the acquisition of tracts of real property as follows: L An approYimate 5.922 acre tract of land situated in the Jolui Davis Survey, Abstract Ntimber 3?6, the Thomas Tobey Survey, Abstract Ntimber 1285, and the Jaines Perry Survey, Abstract No. 1040, City of Denton, Denton County, Texas; II. Easeinents and Teinporary Constniction, Grading and Access Easements in, on, over, under and across lands situated in the Jolui Scott Survey, Abstract Ntimber 1??2, the Thomas Toby Survey, Abstract Ntimber 1285, the James Perry Survey, Abstract Ntimber 1040, and the John Bacon Survey, Abstract Ntimber 1541, City of Denton, Denton County, TeYas; and III. Amendments to Electric Utility Easements in, on, over, under and across lands situated in the E. Puchalslci Survey, Abstract Ntimber 996, the James Perry Survey, Abstract Ntimber 1040, and the Thoinas Toby Survey, Abstract Ntimber 1285, City of Denton, Denton County, TeYas, all for public purposes; 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 Public Utilities Board under the TeYas 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. Discuss, deliberate and receive iiiformation from Staff and provide Staff with direction pertaiiung to the possible acquisition of certain real property located in the downtown area of Denton, Texas, Denton County, Texas, includint', real property located in the H. Cisco Survey, Abstract No. 1184 and in B.B.B. & C.RR Company Survey, Abstract No. 185. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property referenced hereinabove, where a public discussion of these le,,al matters would conflict with the duty of the City's attorneys to the Denton City Council under the TeYas Rules of Disciplinary Conduct of the State Bar of TeYas, or would jeopardize the City's legal position in any potential litigation. Regular Meeting of the City of Denton City Council at 7:30 p.in. in the Council Chainbers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and ineinbers of the audience recited the Pledge of Allegiance to the U. S. and TeYas flags. City of Denton City Council Minutes April 19, 210 11 Page 9 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Denton Redbud Festival Day Mayor Burroughs presented the proclamation for Denton Redbud Festival Day Tree City USA presentation Courtney Blevins, representing Tree City USA, presented the award and stated that tlus was the 20th year the city had received the recognition. This was a national award that recognized cities that managed trees in its corporate limits. 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the followin~: ILimberly TniaY regarding zoiung for residential care home. Ms. Tniax presented inforination on zoning for a residential care hoine in a residential neighborhood. She was aslcing for a special use perinit. The current zoning allowed six residents and she was requesting eight to ten residents. Currently that type of zoiung was oiily allowed in a multi-family zoiung designation. The property in question was the best she could find for the benefit of the residents. 4. CONSENT AGENDA Council Member Watts asked that Item L be pulled for individual consideration. Council Member ILing motioned, Mayor Pro Tem ILamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the eYCeption of Item L. On roll call vote, Council Meinber ILing "aye", Council Meinber Watts "aye", Council Meinber Heggins "aye", Council Meinber Gregory "aye", Council Meinber Engelbrecht "aye", Mayor Pro Tein ILainp "aye", and Mayor Burroughs "aye". Motion carried unaniinously. Ordinance No. 2011-057 A. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Networlc for the purchase of a Peterbilt Cab/Chassis for the Solid Waste Recycling prograin and a Peterbilt Cab/Chassis for Denton Muiucipal Electric by way of an liiterlocal Agreement with the City of Denton; and providing an effective date (File 4663-Purchase of Peterbilt Cab/Chassis for Solid Waste and Denton Municipal Electric awarded to Rush Crane and Refuse Systems International in the amount of $147,600). The Public Utilities City of Denton City Council Minutes April 19, 210 11 Page 10 Board recoininends approval (6-0). Ordinance No. 2011-058 B. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or lus designee to eYecute a purchase order through the Buy Board Cooperative Purchasing Networlc for the acquisition of twelve velucles and/or equipment items for various City of Denton Utility Departinents by way of an Interlocal Agreeinent with the City of Denton; and providing an effective date (File 4700-Purchase of Vehicles and Equipment for Utility Fund Departments awarded to multiple vendors in the amount of $2,119,254.40). The Public Utilities Board recommends approval (6-0). Ordinance No. 2011-059 C. Consider adoption of an ordinance acceptintly competitive bids and awardinty a public worlcs contract for the constniction of a Neighborhood Park and Playground Project for the Preserve at Pecan Creelc and Owsley Parlc; providing for the eYpenditure of funds therefor; and providing an effective date (Bid 4653-awarded to the lowest responsible bidder ineeting specification, Redden Concrete, Inc., in the amount of $320,950). Ordinance No. 2 011-060 D. Consider adoption of an ordinance accepting competitive bids and awarding a public worlcs contract for the constniction of Drainage Iinproveinents for West Prairie Street; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516-awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, liic. in the ainount of $150,64830). The Public Utilities Board recoininends approval (4-0). Ordinance No. 2011-061 E. Consider adoption of an ordinance of the City of Denton, TeYas providing for, authorizing, and approving the eYpendinire of funds for the purchase of Retaiiung Wall Materials for constniction of the Third Phase of a Screening Wall at Phase 3, Cell A at the City of Denton Landfill which is available from only one source in accordance with the pertinent provisions of Chapter 25? of the TeYas Local Goveriunent Code eYempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4702-Purchase of Retainint', Wall Materials for Second Phase of Screenint', Wall Installation at City of Denton Landfill awarded to Stone Strong, LLC in the amount of $128,292.50). The Public Utilities Board recommends approval (6-0). Ordinance No. 2 011-062) F. Consider adoption of an ordinance approving the expenditure of funds for the purchase of Software Upgrades to FASTER Fleet Manageinent software and Annual Maintenance for continued vendor support from oiily one source in accordance with the provision for State Law eYempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4568-Purchase of Software Upgrades and Annual Maintenance for FASTER Web Software Paclcage awarded to CCG Systems, liic. in the amount of $98,000). Resolution No. R2011-010 G. Consider approval of a resolution authorizing the City Manager, or his designee, as City of Denton City Council Minutes April 19, 210 11 Page 11 Denton's authorized representative, to accept on behalf of the City of Denton an offer froin the Texas Departinent of Transportation (TxDOT) relating to a grant for engineering and constniction of a ramp area adjacent to the Airport Terminal at the Denton Muiucipal Airport; coiif'irming agreement to pay a portion of the total proj ect cost; and, providing an effective date. The Airport Advisory Board recoininends approval (3-0). Ordinance No. 2 011-063 H. Consider adoption of an ordinance authorizing the City Manager, or lus designee, to eYecute a Contract (herein so called) between the City of Denton, TeYas and Westpark Group, L.P., a Texas liinited partnership and Rayzor Investinents, LTD., a Texas liinited partnership, contemplating the purchase by the City of Denton, Texas of (I) an approximate 5.922 acre tract of land situated in the Jolui Davis Survey, Abstract Number 3?6, the Thomas Toby Survey, Abstract Nuinber 1285, and the James Perry Survey, Abstract Nuinber 1040, City of Denton, Denton County, Texas; (II) Easeinents and Teinporary Constnjction, Grading and Access Easeinents in, on, over, under and across lands situated in the John Scott Survey, Abstract 1??2, the Thomas Toby Survey, Abstract Number 1285, the James Perry Survey, Abstract Nuinber 1040, and the Jolui Bacon Survey, Abstract Nuinber 1541, City of Denton, Denton County, Texas; and (III) Ainendinents to Electric Utility Easeinents in, on, over, under and across lands situated in the E. Puchalski Survey, Abstract Number 996, the James Perry Survey, Abstract 1040, and the Thomas Toby Survey, Abstract Nuinber 1285, City of Denton, Denton County, TeYas, all for public purposes; authorizing the City Manager, or his designee, to execute, deliver and accept any and all Deeds, Easeinents, Temporary Constniction, Grading and Access Easements, Amendments to Electric Utility Easements, and any other documents necessary to accomplish closing of the transactions contemplated by the Contract; authorizing the expenditure of funds therefore; and providing an effective date. Ordinance No. 2 011-064 L Consider adoption of an ordinance of the City of Denton, TeYas amending Ordinance No. 2010-226 ("ori(yinal ordinance" pertainint', to the acquisition through agreement or eminent doinain of variable width sanitary sewer easeinents and teinporary constnjction easeinents, by replacing certain legal descriptions contained therein, all being located witlun Lots 4 and 5, Bloclc 7, College View Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Voluine 1, Page 13, Plat Records, Denton County, Texas; providing that, except for such legal description amendments made to Attaclunent "1" of the Original Ordinance, all provisions and findings of the Original Ordinance shall remain valid and subsisting and in full force and continuous effect; and providing an effective date. Resolution No. R2011-011 J. Consider approval of a resolution of the City Council of the City of Denton, TeYas establislung guidelines for persons submitting comments and specific redistricting proposals; and providing an effective date. Resolution No. R2011-012 K. Consider approval of a resolution of the City Council of the City of Denton, TeYas adopting criteria for use in the redistricting 2011 process; and providing an effective date. City of Denton City Council Minutes April 19, 210 11 Page 1? Item L was considered. Resolution No. R2011-013 L. Consider approval of a resolution authorizing the City Manager to submit an offer to Denton County for the purchase of a 2-acre tract, more or less, of real property situated in the Hiram Cisco Survey, Abstract No. 1184, Denton County, TeYas; and providing an effective date. Mayor Pro Tem ILamp motioned, Council Member Gregory seconded to approve the resolution as directed in Closed Session. On roll call vote, Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem ILamp "aye", and Mayor Burroughs "aye". Council Member ILing "nay", and Council Member Watts "nay". Motion carried with a 5-2 vote. 5. ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2011-065 A. Consider adoption of an ordinance approving an Advance Funding Agreement for a Project Usint', Funds Held in the State Highway 121 Subaccount in the amount of $1,964,500.00 between the City of Denton and the State of TeYas for the design and installation of liitelligent Transportation System Tninlc Lines at various locations in the City of Denton, authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; and declaring an effective date. Jim Coulter, General Manager-Water/Wastewater, presented the details on the item. The project was a grant from COG and TxDOT to allow for funding of traffic signals in Denton using fiber optic linlcs in various locations to synchronize the si~nals. Council Meinber Engelbrecht aslced why radio controllers were not used for all the signals. Coulter stated that fiber was a better linlc for video as radio only controlled the signals. Mayor Pro Tem ILamp noted that these were Regional Toll Revenue funds and not city funds. Mayor Pro Tem ILainp inotioned, Council Meinber ILing seconded to adopt the ordinance. On roll call vote, Council Meinber ILing "aye", Council Meinber Watts "aye", Council Meinber Heggins "aye", Council Meinber Gregory "aye", Council Meinber Engelbrecht "aye", Mayor Pro Tem ILainp "aye", and Mayor Burroughs "aye". Motion carried unaniinously. B. Continue consideration of an ordinance of the City of Denton, TeYas, providing for a zoiung change from a Neighborhood Residential 3(NR-3 ) zoiung district classification and use designation to a Neitlyhborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, with an overlay district, on approYimately 6.836 acres of land located at the northeast corner of Glenwood Lane and East Uiuversity Drive (U.S. 380) situated witlun the J.Q Lilly Survey, Abstract No. 762, within the City of Denton, Denton County, Texas; City of Denton City Council Minutes April 19, 210 11 Page 13 providing for a penalty in the maximum amount of $2,000 for violations thereof, severability and an effective date. (Z 10-0007, 1411 E. University Dr. ) The Planning and Zoiung Commission recommends approval with an overlay district (3-2). DLTE TO MORE THAN 20% OPPOSITION FROM THE LAND AREA WITHIN 200 FEET OF THE REQLTEST, A SUPERMAJORITY VOTE (3/4) IS REQUIRED BY THE CITY COUNCIL TO APPROVE THIS ITEM. Mayor Pro Tem ILamp motioned, Council Member Gregory seconded to remove the item from the table. On roll call vote, Council Member ILing "aye", Council Member Watts "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem ILamp "aye", and Mayor Burroughs "aye". Motion carried unaiumously. Marlc Cunninghain, Director of Planning and Developinent, presented the details of the proposal. An initial public hearing was held on December 7, 2010 which was continued to the Febniary 2, 20 11 meeting. However, that meeting did not take place due to inclement weather and was rescheduled for Febniary 15, 2011. Before that meeting, the applicant requested that the public hearing be rescheduled to March 1, 2011 which was done. At that meeting Council deferred talcing action to a date certain of March 19, 2011 to allow the applicant to work out issues with the neighbors and access on US 380. The basics of the proposed overlay restrictions included (1) all uses permitted within the NRMCJ- 12 zonin(, district except for laundry facilities; (2) only professional service and office uses would be allowed witlun the 150 foot northern property line; (3) parlcing was permitted witlun 20 feet of the northern property line; (4) an eight foot lugh solid screen fence would be in the required buffer yard adjacent to the property line in lieu of the required buffer shnibs; (5) if single-family detached, single-family attached or duplex stnicture were not developed adjacent to Glenwood Lane, a 6-foot lugh wrought-iron style fence would be installed; (6) arclutectural standards as noted in the proposed ordinance; (7) eYterior of all new stnictures would be constnicted of 100% masonry; (8) building height would be limited to one story and not exceed 32 feet; (9) exterior lighting would be shielded so as not to shine onto adjacent properties; (10) all trees planted in the buffer yards would be a miiumum of 4-6" dbh and a miiumum of 20' lugh; and (11) access standards as noted in the proposed ordinance. Cunnin(,ham stated that access was a point of contention. The residents did not want any access from Glenwood. The applicant was suggesting an ingress/egress that would align with a current street across Uiuversity. He was also proposing a second point on Uiuversity wluch would also serve multiple purposes. This was a rezoning request. A question had been asked what would happen if access was granted but was not constnicted as proposed due to the necessity to get permission from TYDOT and the applicant received final plat approval for an application that proposed eYClusive access from Uiuversity. Any proposed final plat wluch did not restrict vehicle access from University would have to ~et a specific use permit with two public hearin~s. The applicant was in agreement with the conditions. The recommendation from the Development Review Committee and the Plaiuung and Zoiung Commission was to recommend approval with restrictive overlay conditions. Council Member Gregory asked about the buffer long the northern boundary. City of Denton City Council Minutes April 19, 210 11 Page 14 Cunningham stated that it would be a 15 foot wide buffer and 150 foot buffer for limited build zone with parlcing permitted witlun 20 feet of the northern property line. Mayor Pro Tem ILainp aslced about the laclc of a site plan. Cuiuungham stated that a site plan was typically done at the time of a building permit application. It was not done with a rezoiung as it would be too costly if the rezoiung was not approved. The zoning was needed to allow the use and if the zoning were approved, the site was plan was then done. Council Meinber Watts eYpressed a concern regarding additional uses that might be available in the southern part of the proposal. The northern portion was limited to professional office uses. Cuiuungham stated that Council could strilce uses it did not want in the southern portion. Council Meinber Watts stated that in terins of the ingress/egress issue, TxDOT had the final authority for granting the ingress/egress off University. If a request were made to have access off Greenwood, it would have to come to Council. PS Arora, DRC Engineering Adininistrator, stated that even though TxDOT had the final authority, it would ~o with the city recommendation. Initially TxDOT did not appear to have a problem with the access as requested. Mayor Burroughs felt that he would like to see additional items be withdrawn as uses. He did not see single family along US 380 which was a major thoroughfare and would not be decreasing in the future. It was Council's job to preserve and protect those who abutted the area and transition to the new use. The proposed develop was someone local who cared about the property. Council Meinber Gregory stated that multiuse areas were not always bad. He appreciated all that Mr. Porter had agreed to do in terms of restrictions. Mr. Porter's other development on Hinlde was very nice but he felt he had to represent the residents in the neighborhood and their views. Council Member Engelbrecht stated that he lived in a neighborhood similar to what was being proposed. He felt the neighbors would be surprised on what could be done especially in the 150 foot buffer area. Council Member Watts asked about professional services restriction in terms of hours of operation. Cunningham stated that professional office hours were normally between 8:00 and 5:00 but Council could further restrict the hours of operation if desired. Council Meinber Watts questioned that the architectural standards only applied to the northern portion in 150 foot barrier. Cuiuungham stated that all stnictures would be 100% masonry. City of Denton City Council Minutes April 19, 210 11 Page 15 Council Member Watts expressed a concern about how close the parking and the lighting would be to the neighbors. Reichhart stated that they would agree to no pole lighting in 150 foot area. Council Meinber Watts aslced Reicliliart about the hours of operation. Reichhart stated that it would be hard to liinit the hours of operation for professional offices. Council Meinber Watts stated that he had read all the comments and baclciip regarding the proposal. He felt that Council was being asked to keep the property as it currently was to approve something that was very restrictive, especially on northern boundary. To vote against the proposal would be saying that the property would always remain the same or that something better would be coming later. He did not want to deny developments that had a traclc record for quality development and sometlung that might not be better than the restrictions already included. Council Member Watts motioned, Council Member Heggins seconded to adopt the ordinance with the following conditions: all restrictions presented by staff including the access issues and overlay iteins; additional restrictions of uses to exclude attach single-fainily dwellings, dwelling above businesses, group houses, multi-family dwellings, semi-public halls, clubs and lounges, day cares (adult and cluldren), gas wells; no pole lighting in 150 foot buffer of the northern property line. On roll call vote, Council Meinber ILing "aye", Council Meinber Watts "aye", Council Meinber Heggins "aye", Council Meinber Engelbrecht "aye", Mayor Pro Tem ILamp "aye", and Mayor Burroughs "aye". Council Meinber Gregory "nay". Motion carried with a 6-1 vote. C. Consider appointinents to the City Council Airport Coininittee. City Manager Campbell stated the enabling resolution indicated that three members were needed for the Committee. The appointments were to be made by the Mayor and approved by the City Council. Council Member Gregory felt that it would be appropriate for one member to be the District representative for the area and one person who served on the Mobility Committee. Council Member Engelbrecht volunteered to serve. Council Member Gregory motioned, Council Member ILing seconded to appoint Mayor Pro Tem ILamp, Council Member Watts and Council Member En~elbrecht to the committee. On roll call vote, Council Meinber ILing "aye", Council Meinber Watts "aye", Council Meinber Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem ILamp "aye", and Mayor Burroughs "aye". Motion carried unaiumously. City of Denton City Council Minutes April 19, 210 11 Page 16 6. PUBLIC HEARINGS A. Hold the second of two public hearings to consider the voluntary annexation and Service Plan of approYimately 1.148 acres of land located witlun the City's EYtraterritorial Jurisdiction (ETJ) in accordance with Chapter 43 of the TeYas Local Government Code. The site is located on the west side of Country Club Road; just north of the Education Center at Denton; between Ryan Road to the north and Bnish Creek Road to the south. The Plaiuung and Zoiung Commission recommends approval (5-0). (A11-0001, Burch Property AiuieYation) Marlc Cunninghain, Director of Planning and Developinent, stated this property was part of DH- 5 wluch was considered for aiuieYation last year. The property had been appraised for an agricultural eYemption and qualified for a non-aiuieYation agreement. The vast maj ority of the property received that agreeinent except for 1.148 acres which was a parlcing lot for the Education Center at Denton. According to the owners of the property, they had entered into a siYty month surface use lease to allow the property to be used by the school as additional parlcing for passenger velucles, buses and permitted eYternal buildings. However, the lease was not presented to the city prior to the annexation. Staff took the lease into account and was recoininending that the original non-annexation agreeinent be revised to exclude the 1.148 acres and that oiily tlus portion of the 220.275 acre parent property be aiuieYed. The Plaiuung and Zoiung Commission and the Development Review Committee recommended approval. The Mayor opened the public hearing. Janelle Burch, property owner, eYplained the parlcing lot size and location on the property. The Mayor closed the public hearing. No action was required by Council at tlus time. 7. CONCLUDING ITEMS A. Under Section 551.042 of the TeYas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual iiiformation or recitation of policy, or accept a proposal to place the inatter on the agenda for an upcoining ineeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of commuiuty interest regarding wluch no action will be talcen, to include: eYpressions of thanlcs, congratulations, or condolence; iiiformation regarding holiday schedules; an honorary or salutary recognition of a public official, public einployee, or other citizen; a reininder about an upcoining event organized or sponsored by the goveriung body; iiiformation regarding a social, ceremoiual, or commuiuty event orgaiuzed or sponsored by an entity other than the goveriung 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 muiucipality that has arisen after the posting of the agenda. City of Denton City Council Minutes April 19, 210 11 Page 17 Council Meinber Gregory requested a report regarding the request for a group hoine on Brown Street with possible alternatives for the variance issue. Council Meinber Watts indicated that there was no cross wallc signal at the corner of Eagle Drive and Welch Street and aslced that it be researched. Council Member Watts asked for a report on a requirement for lighting on bicycles to make them safer in the duslc tiine period. Council Member Watts asked for a report on what the city was paying in additional costs for hybrid velucles. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Mayor Burroughs aiuiounced that the Council would be returiung to the Closed Session to complete the items listed. The Council considered the following in Closed Session. A. Certain Public Power Utilities Competitive Matters - Under TeYas Goveriunent Code Section 551.086; Consultation with Attorneys - Under Texas Governinent Code Section 551.071. 1. Receive a presentation and a status report from staff regarding public power competitive and financial issues and matters regarding the proposed Purchase Power Contract regarding the purchase of a portion of the City's electrical energy requirements and related matters; discuss deliberate, consider and provide staff with direction regarding same. Receive a consultation with the City's attorneys regarding legal issues concerning said proposed Purchase Power Agreement; and discuss, deliberate and provide the City's attorneys with direction and any recommendations regarding such legal matter. A public discussion of tlus legal matter would conflict with the duty of the City's Attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Council Member Engelbrecht motioned, Mayor Pro Tem ILamp seconded that tlus item was appropriate to discuss in Closed Session under the Public Power EYCeption. On roll call vote, Council Member ILing "aye", Council Member Watts "aye", Council Member Heggins "aye", Council Meinber Gregory "aye", Council Meinber Engelbrecht "aye", Mayor Pro Tem ILainp "aye", and Mayor Burroughs "aye". Motion carried unaiumously. 2. Receive a status report and further presentation from staff regarding public power competitive and financial matters re~ardin~ the possible constniction and installation of a state-of-the-art coinbined heat and power (CHP) tri- generation station for the City to be located in the industrial district in the City of Denton, Texas; discuss deliberate, consider and provide staff with City of Denton City Council Minutes April 19, 210 11 Page 18 direction re~ardin~ same. Receive a briefin~ from and a further consultation with the City's attorneys regarding legal issues concerning the possible constniction and installation of a coinbined heat and power (CHP) tri- generation station for the City in the industrial district in the City of Denton, Texas; and discuss, deliberate and provide the City's attorneys with direction and any recommendations regarding such legal matter. A public discussion of tlus legal matter would conflict with the duty of the City's Attorneys to the City Council under the TeYas Disciplinary Rules of Professional Conduct of the State Bar of Texas. C. Consultation with Attorneys - Under Texas Governinent Code, Section 551.071. 1. Receive a report and hold a discussion with the City's attorneys regarding legal issues related to the delinquent taY collection services contract and provide the City's attorneys with direction. A public discussion of this le~al matter would conflict with the duty of the City's Attorneys to the client under the TeYas Disciplinary Rules of Professional Conduct of the State Bar of TeYas. 3. Consult with City's attorneys regarding the status and potential settlement of pending litigation styled Montano, et al. v. City of Denton, Cause No. 2009- 60325, currently pending in the 431st District Court, Denton County. C. Official Action on Closed Meeting Itein(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. No official action was taken on Closed Meeting items.. With no further business, the Mayor reconvened the ineeting in Open Session and the ineeting was adjourned. MARIL A. BLJRROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 3, 2 0 11 After deterinining that a quoniin was present, the City Council convened in a Worlc Session on Tuesday, May 3, 2011 at 4:00 p.in. in the Council Worlc Session Rooin at City Hall. PRESENT: Council Meinber Watts, Council Meinber Heggins, Council Meinber Gregory, Council Meinber Engelbrecht, Mayor Pro Tem ILamp, and Mayor Burroughs. ABSENT: Council Meinber ILing. L Citizen Coininents on Consent Agenda Iteins Mayor Burroughs noted that a Speaker Card had been received from Bob Clifton. Mr. Clifton indicated that he had several items to discuss. Item A was a lar~e amount of money for an equipment storage building. Items C, D, E and F were all give aways for the Downtown. He noted that there was no name or address for Item G relating to the noise eYCeption. Item J was also a give away to DCTA. He began discussing Item IL concerning the delinquent tax collection contract. Mayor Burroughs left the meeting during the discussion of Item K. Clifton continued that he felt there were inany probleins with the contract for the City of Denton. Mayor Burroughs returned to the meeting. 2. Requests for clarification of agenda iteins listed on the agenda for May 3, 2011. Mayor Burroughs indicated that Consent Agenda Item 4G would be pulled from consideration due to no location mentioned in the caption. Council Meinber Gregory stated that he did not see a recoininendation froin the Parlcs Board for Item 4B. Emerson Vorel, Director of Parks and Recreation, stated that staff did not take contracts such as that to the Parlcs Board. Mayor Burroughs noted that Consent Agenda Item 4IL would be pulled for separate consideration as he could not vote on that item. Council Member Watts asked about the increase in the contract amount for the teiuus contract. Vorel stated that it had been a very successful year and that the contract was based on revenue which was up 25% from last year. Council Meinber Watts aslced about eYpenses versus revenue. City Manager Cainpbell stated that it was not a one for one ratio. Council Meinber Watts aslced for a report on eYpenses versus revenue. City of Denton City Council Minutes May 3, 2 0 11 Page ? Council Meinber Heggins aslced why the Econoinic Developinent Board did not spealc to Consent Agenda Item 4F. Mayor Burroughs stated that no one was willing to inalce a inotion so it went silent forwarded without a recommendation. The non-council members on the Board did not feel comfortable malcing a motion. Council Member Gregory stated that the Board was in the midst of a discussion about different proposals and that the discussion started on a bigger picture on how to use the money in the future. That discussion took attention away from the discussion on the particular proposal. 3. Receive a report, hold a discussion, and give staff direction regarding proposed amendments to Sections 35.13.7.C, 35.202.A.3.c, 35203.B, 35.203I.B.1, 35.203.C and 35.232 of the Denton Development Code regarding estates lots and sidewallcs and/or bicycle facilities. (DCA 10-0008 ) Marlc Cunninghain, Director of Planning and Developinent, stated that the proposed Code amendment was presented to Council on April Sth. Council directed staff at that time to reconsider not allowing a variance from the miiumum one acre lot area requirement and to review the 1/2 mile distance requirement associated with a public elementary and secondary schooL Council also directed staff to review the potential of adding additional street paveinent to the niral/suburban street cross section to allow pedestrians and bicyclists to utilize the street along-side velucles. Council Meinber ILing joined the ineeting. Cuiuungham stated that the provision regarding the '/2mile distance from the school had been deleted from the proposal as well as the provision regarding not allowing for a variance. However, the ininiinuin lot area of one acre and the restriction that none of the lots could have access froin a street that served inore than 200 total vehicle trips per day reinained in the proposal. Council Member Watts questioned the condition that indicated none of the lots front on a street with inore than 200 total vehicle trips per day in terins of a corner lot. Cuiuungham stated that a corner lot would have access from a lesser classification of the street which would not be fronting on a inajor thoroughfare. He continued that staff had analyzed the addition of a 4' bilce lane, comparin~ the cost of sidewallcs versus a bilce lane. He stated that a five foot sidewallc would cost approYimately $37,000 wlule a four foot bike lane would cost approYimately $44,000. The addition of a bike lane would add to the conveiuence and service level of the roadway. However, it was inore costly. PS Arora, DRC Engineering Admiiustrator, stated that there would be enough right-of-way for a bilce lane because there would be no sidewallcs in the area. Mayor Burroughs stated that such a niral lane would probably be a cul-de-sac which would not be getting enough benefit from a cost standpoint. City of Denton City Council Minutes May 3, 2 0 11 Page 3 Council Member Gregory stated that 200 trips per day was not worth the cost of the requirement for the bilce lanes. Council Meinber ILing agreed with no bilce lanes. 4. Receive a report, hold a discussion, and give staff direction concerning the creation of a new Division 3 to Chapter 26, Article III of the Denton Code of Ordinances, regulating the use and intercoiuiection of Wind Energy Conservation Systems (WECS) and conceriung proposed amendments to Subchapter 35.5 of the Denton Development Code regarding use restrictions for both Free-standing Monopole Support Stnicture and Building-mounted WECS. The Public Utilities Board recommends approval of Chapter 26 elements of the draft WECS ordinance (4-0). The Plaiuung and Zoiung Commission recommends approval of the proposed ainendinents to Subchapter 35.5 of the Denton Developinent Code (7-0). (DCA10-0010) ILen Banlcs, Director of Enviroiunental Services and Sustainability, stated that tlus presentation dealt with wind energy conversion systems. The proposed WECS ordinance would define the terms specific to WECS and outlined general regulations. ILey elements for zoiung limitations - Free standing and building mounted devices would be allowed by right in NR-1, RD-5 and RC land use categories with buildint" mounted devices allowed in IC-G land use cate(,ories. All other land use categories required a specific use permit for either free standing or building mounted devices. L41 lots where the proposed WEC S would be located would have a miiumum lot area of ? acres with one WECS permitted by right. 1-42 lots with building inounted WECS could not extend higher than 10 feet above where the WECS was inounted on the building. The height was ineasured froin the base of the WEC S where it was mounted on the building to the lughest point of the WEC S. Height requirements were based on zoiung categories (maYimum height plus 10 feet for all zoiung categories eYCept for those with 40 foot maximum height which would be the maximum height plus 15 feet). Council Member Engelbrecht asked about a specific use permit request with a uiuque design that did not meet code. Banlcs stated that if the device exceeded the height in a by-right situation, a request for a variance would be presented to the Zoiung Board of Adjustment. Mayor Burroughs noted that if there were a lot of stnictures on a roof, a device inight have to be placed hi~her than a stnicture on the buildin~ but the variance process could malce it worlc. Banlcs stated correct that site characteristics might have an effect how the devices were installed. Other lcey components included (1) must comply with DME's interconnect provisions or demonstrate the system was not intercoiuiected, (2) proof of an intercoiuiect agreement with another service provider if not a DME customer would be required, (3) a WEC S permit would be required from the Building Official, alont', with appropriate fees, (4) location and setbaclc requirements regarding easements, property lines, overhead utility lines, trees or other stnictures (5) height and setbaclc requirements, (6) sound pressure level requirements, (7) lighting City of Denton City Council Minutes May 3, 2 0 11 Page 4 restrictions, (8) aesthetics, includint-1, color, sit-,,nage, blade ~lint/fliclcer and design, (9) safety issues, (10) enviroiunentally sensitive areas regulations, (11) maintenance requirements and (12) removal requirements/abandoiunent provisions. Of the cities that did have a WECS ordinance, many only allowed WECS through specific use permits but some were allowed by right under certain zoiung restrictions. The Public Utilities Board and the Plaiuung and Zoiung Commission had approved the proposed ordinance. Staff was requesting direction on whether to bring the ordinance forward as it was or with modifications. Council Member Engelbrecht asked about setback requirements and the blade arch sphere from trees, for exainple. Banlcs stated that in cases where height was discussed, a rotor type device height would be the top of pole. With a turbine, the blades would have height above the device and would be ineasured at the tip of blade at its apex. Council Member Watts asked about the enviroiunental impact to birds in residential areas. Banks stated that the proposal did not directly address that issue but tried to address it with setbaclcs froin trees, etc. Council Member Watts asked about the PUB minutes and the difference in the motions. Banlcs stated that there were two parts to the coinpletion of the proposal. One dealt with Chapter ?6 wluch was the Utilities Code and one with Subchapter 5 of the Development Code. The PUB discussion was on the devices and wluch land uses were appropriate for them. The PUB did not render decisions on the Developinent Code. That was done by the Planning and Zoning Coininission. Council Member Heggins asked about electroiuc interference with the devices. Banks stated that the owner of the device would have to install all means to ensure no interference with electroiuc devices. Council Member Engelbrecht asked about Denton's wind rating. Banlcs stated that Denton was an average of a? wluch was marginal. However, if a device were placed on the top of a lull, more benefits would be realized. Mayor Burroughs asked if a device installed before the enactment of an ordinance would be grandfathered. He asked if there any devices currently in the city limits and if a permit was currently required. Ron Menguita, Planning Supervisor, stated that staff did a survey and that there were some outside the city limits. One application had been received. City of Denton City Council Minutes May 3, 2 0 11 Page 5 Mayor Burroughs requested staff to see if there were any preexisting devices and give the owners a heads up that they needed to lceep documentation that it was in eYistence before the ordinance was passed. Consensus of the Council was to follow Option 1. Council convened in a Closed Meeting to consider the following: L Closed Meeting: A. Deliberations regarding consultation with the City Attorney - Under Texas Goveriunent Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under TeYas Goveriunent 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 governinental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of TeYas clearly conflicts with the provisions of the TeYas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding granting econoinic developinent incentives to Peerless Manufacturing Coinpany with respect to development of a manufacturing facility. Tlus discussion shall include commercial and financial iiiformation the City Council has received froin Peerless Manufacturing Coinpany which the City Council seelcs to have locate, stay, or eYpand in or near the territory of the city, and with wluch the City Council is conducting economic development negotiations; includin~ the offer of financial or other incentives. 2. Receive a report and hold a discussion regarding legal issues on matters in wluch the duty of the attorney to the goveriunental body under the TeYas Disciplinary Rules of Professional Conduct of the State Bar of TeYas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding the terms and conditions of an eYisting economic development incentive for Jostens, liic. Tlus discussion shall include commercial and financial iiiformation the City Council has received from Jostens, Inc. B. Consultation with Attorneys - Under Texas Governinent Code Section 551.071. 1. Receive a report and hold a discussion regarding legal issues on matters involving Cause No. 2011-50255-367 in the 367th Judicial District Court and provide direction to the city's attorneys regarding saine. 2. Consult with City's attorneys regarding pending or potential litigation conceriung or relating to code eiiforcement actions at 22043 Scripture Street, Denton, TeYas, and legal matters and actions related thereto. City of Denton City Council Minutes May 3, 2 0 11 Page 6 Regular Meeting of the City of Denton City Council at 6:30 p.in. in the Council Chainbers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and ineinbers of the audience recited the Pledge of Allegiance to the U. S. and TeYas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclainations/Awards 1. National Day of Prayer Proclamation Mayor Burroughs presented the proclamation for the National Day of Prayer. 2. Motorcycle Safety and Awareness Month Mayor Burroughs presented the proclamation for Motorcycle Safety and Awareness Month. 3. Drinlcing Water Weelc in Denton Mayor Burroughs presented the proclaination for Drinlcing Water Weelc in Denton. 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the followin~: 1). Dan Adams regarding Ordinance 2010-219?. Mr. Adams spolce regarding Ordinance 2010-29?, the late fee provision and the right of DME to enter homes without permission. He and his wife had been a long customer of DME. He was having probleins paying his bill and was not in favor of the additional late fee. Zorobabel Gomez, Jr. regarding Ordinance 2010-292 . Mr. Goinez spolce regarding Ordinance 2010-292. He was against the late fee and the "at any reasonable time" to enter people's homes regarding electric metering. Citizens should vote regarding the ordinance or look for other options such as deregulation. City of Denton City Council Minutes May 3, 2 0 11 Page 7 3). Mike Sutton regarding Ordinance 2010-292. Mr. Sutton spolce regarding Ordinance 21010-219? and the petition. At the Noveinber 16th Council meeting, Council spent 45 minutes on the meeting and did not take a long time considering the ordinance. He felt Council did not spend enough time considering the agenda and a mistake was made concernin~ the petition. 4. CONSENT AGENDA Mayor Burroughs stated that Item G would be pulled and not considered. Items H and IL would be considered individually. Council Meinber Gregory motioned, Council Meinber Heggins seconded to approve the Consent Agenda with the exception of Iteins G, H and K. Iteins H and IL would be considered separately. On roll call vote, Council Meinber ILing "aye", Council Meinber Watts "aye", Council Meinber Heggins "aye", Council Meinber Gregory "aye", Council Meinber Engelbrecht "aye", Mayor Pro Tem ILamp "aye", and Mayor Burroughs "aye". Motion carried unaiumously. Ordinance No. 2011-067 A. Consider adoption of an ordinance acceptin(y competitive bids and awarding a public worlcs contract for the constniction of a Landscape Equipment Storage Building and Area at the Denton Muiucipal Airport; providing for the eYpenditure of funds therefor; and providing an effective date (Bid 4588-awarded to the lowest responsible bidder ineeting specification, Caliber Constniction, liic., in the amount of $327,140). The Airport Advisory Board recommends approval (4-0). Ordinance No. 2011-068 B. Consider adoption of an ordinance of the City of Denton, Texas, approving an ainendinent to a contract dated Deceinber 15, 20 10 between the City of Denton and Michael Christopher Brown and David Wayne Gray DBA Gray Events Management, LLC for admiiustration of events and programs at the Goldfield Tennis Center; and providing an effective date (RFP 4262-awarded to Gray Events Management, LLC in the amount of $142,000). Ordinance No. 2 011-069 C. Consider adoption of an ordinance of the City Council of the City of Denton, TeYas, approving a grant application from Suda Bhagwat from the Downtown Incentive Grant Program not to exceed $7,000; and providing for an effective date. The Economic Development Partnerslup Board recommends approval (5-0.) Ordinance No. 2011-070 D. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approvin~ a~rant application from Beclcy and Vince ILin~ from the Downtown Incentive Grant Program not to eYCeed $15,000; and providing for an effective date. The Economic Development Partnerslup Board recommends approval (5-0). City of Denton City Council Minutes May 3, 2 0 11 Page 8 Ordinance No. 2011-071 E. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Samuel Solomon from the Downtown liicentive Grant Program not to eYCeed $7,000; and providing for an effective date. The Economic Developinent Partnership Board recoininends approval (5-0). Ordinance Nol 2011-072) F. Consider adoption of an ordinance of the City Council of the City of Denton, TeYas, approving a grant application from Vibe liivestments, LLC, from the Downtown liicentive Grant Prograin not to exceed $6,500; and providing for an effective date. No recommendation by the Economic Development Partnership Board. Tlus item was aulled from consideration. G. Consider a request for an eYCeption to the Noise Ordinance for the level of decibels and the hours of operation for the purpose of a fundraiser with live inusic on Saturday, May 21, 2011. The fundraiser will benefit the start-up of an independent publication. The exception is requested for eYtension of the hours of operation for amplified sound from 10:00 p.m. to midiught and for the level of decibels to be increased froin 70 decibels to 80 decibels. Due to residential property located east of the event location, staff recommends allowint" amplified sound until midni~ht with sound levels not to exceed 70 decibels. The reauest listed below was aaaroved. L Consider a request for an exception to the noise ordinance for amplified sound on each Sunday in the inonth of July for the purpose of the Apollo Nights events. The events are SCIledLl1ed fOr tlle fO110Wl11f7 SLi11dayS: JLlly 3, JLlly 10, JLlly 17, a11d JLlly 24, 20 11, frO1T1 5:00 p.m. Lilltll IO:OO p.m. Oll JLlly 31, 21011, tlle eVellt WOLlId ve frO1T1 S:OO p.m. t0 II:OO p.m. The request also includes Monday, July 4, 2011, a holiday, from 5:00 p.m. until 10:00 p.m. The events will be held in Fred Moore Parlc. There is no 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, as well as the 4th of July holiday. Ordinance No. 2011-073 J. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a Right of Entry and Possession between the City of Denton, TeYas and the Denton County Transportation Authority (DCTA) granting DCTA access to the Downtown Denton Transit Center (DDTC) and certain lands surroundint-1, the DDTC located in the Hiram Sisco Survey, Abstract Number 1184, to conduct public transportation operations; and providing an effective date. Item H was considered. This itein was denied. H. Consider a request for an eYCeption to the Noise Ordinance for the level of decibels for the purpose of live music during an art show on Friday, May 13, 2011, from 3:00 p.m. to 10:00 p.m. at 2324 Bolivar Street. The event will provide an opportunity for local artists to show their art work and network with other artists. The exception is requested for an increase in City of Denton City Council Minutes May 3, 2 0 11 Page 9 the level of decibels froin 70 decibels to 74 decibels. Staff recoininends denial of the request. The applicant's location is in the middle of a residential nei~hborhood. Council has also consistently allowed oiily 70 decibels for the North TeYas State Fair and Rodeo, wluch is located several bloclcs west of the applicant's location. City Manager Campbell stated that Item H was removed for separate consideration so that it was clear that staff was recommending deiual of the request. Council Member Gregory motioned, Council Member Engelbrecht seconded to deny consent Agenda Item H. On roll call vote, Council Member ILing "aye", Council Member Watts "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem ILamp "aye", and Mayor Burroughs "aye". Motion carried unaiumously for denial of the request. Item IL was considered. Mayor Burrou~hs left the meetin~ with a conflict of interest. Ordinance No. 2011-074 K. Consider adoption of an ordinance of the City of Denton, TeYas, authorizing the City Manager to eYecute a first one-year eYtension to the professional services agreement with Sawlco & Burroughs, LLP, for professional services related to collection of delinquent taxes on behalf of the City of Denton; and establislung an effective date. Council Member Gregory motioned, Council Member Heggins seconded to adopt the ordinance. On roll call vote, Council Member ILing "aye", Council Member Heggins "aye", Council Meinber Gregory "aye", Council Meinber Engelbrecht "aye", and Mayor Pro Tem ILainp "aye". Council Meinber Watts "nay". Motion carried with a 5-1 vote. Mayor Burroughs returned to the ineeting. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider nominations/appointments to the City's Economic Development Partnership Board. Mayor Pro Tem ILainp stated that the noininating coininittee was recoininending the following nominations: all current meinbers continue wluch included Virgil Strange, Marty Rivers, Deiuiy Aldridge, Caleb O'Rear, Marlc Burroughs, and Dalton Gregory. The nomination for the new at- large position with airport experience was Cleve T. Breedlove. Mayor Pro Tem ILamp motioned, Council Member ILing seconded to approve the nominations. On roll call vote, Council Meinber ILing "aye", Council Meinber Watts "aye", Council Meinber Heggins "aye", Council Meinber Gregory "aye", Council Meinber Engelbrecht "aye", Mayor Pro Tem ILainp "aye", and Mayor Burroughs "aye". Motion carried unaniinously. City of Denton City Council Minutes May 3, 2 0 11 Page 10 Ordinance No. 2011-075 B. Consider adoption of an ordinance acceptin(y competitive bids and awarding a public worlcs contract for the constniction of the Lake Lewisville Water Treatment Plant Upgrade Project; providing for the eYpenditure of funds therefor; and providing an effective date (Bid 4665- awarded to the lowest responsible bidder ineeting specification, BAR Constnjctors, Inc. in the ainount of $32,142,000). The Public Utilities Board recoininends approval (6-0). Tim Fisher, Assistant Director for Water Utilities, presented background iiiformation on the proposal. The bid was for the rehabilitation of the Lalce Lewisville Water Treatinent Plant. The scope of work included modifications to the existint', Raw Water Pump Station, Flocculation Basins, Sedimentation Basins, Filters and Filtered Water pipeline as well as constniction of a new Settled Water Ozone Facility. The project was started in 2006 with a preliminary design study. A total of six bids were received with a very tight bid spread with five low bidders only having a 1.8% spread. Options to consider were (1) award the bid to BAR Constnictors as the qualified low bidder for the base bid with inclusion of the $580,000 Constniction Contingency Allowance plus Alternatives A, B, C, D, E, G and H; award the bid to BAR Constnictors for the base bid with inclusion of the $580,000 Constniction Contingency Allowance with none of the alternatives; (3) award the project to BAR Constnictors for the base bid only, (4) award the bid to BAR Constnictors with alternatives different from the recommendations by staff and Malcolm Piriue or; (5) rej ect all bids and release the proj ect for bids again. The staff recoininendation was to award the contract to BAR Constnictors for the base bid with the inclusion of the Constniction Contingency Allowance and the recoininended bid alternates of A, B, C, D, E, G and H. Council Member Gregory noted that Alternate F was not being recommended. He questioned when that itein would need to be replaced and if done at a separate tiine, would it change the cost of that item. Fisher stated that the best price would be to install it now but that the budget would not allow the change at this point in tiine. Council Member Gregory stated that page 5 of the Agenda liiformation Sheet indicated a one- time rate increase of 1% and questioned when that would go into effect. Fisher stated that the 8.5% over budget represented the 1% rate increase wluch would be incorporated into 2011-2012 budget. The bid alternates were stnictured as a luerarchy and not as a selection. As soineone went through the hierarchy it did not change the bid froin the contractor. Council Meinber Watts stated that Option F was omitted because of the sensitivity of the budget for the proj ect. Fisher replied correct. Council Member Watts stated that Option F was designed to be included but was left out due to cost. If that was something that was needed, how badly was it needed and what would be the cost difference if it was done in 10 years. City of Denton City Council Minutes May 3, 2 0 11 Page 11 Fisher stated that it would never be done cheaper than now due to the design of systein, etc. Council Meinber Watts aslced if it needed to be done now. Fisher replied that the economic realities were that the plant could operate without it. Council Member ILing motioned, Council Member Engelbrecht seconded to adopt the ordinance. On roll call vote, Council Meinber ILing "aye", Council Meinber Watts "aye", Council Meinber Heggins "aye", Council Meinber Gregory "aye", Council Meinber Engelbrecht "aye", Mayor Pro Tem ILamp "aye", and Mayor Burroughs "aye". Motion carried unaiumously. The Council considered Item 6A. 6. PUBLIC HEARINGS Ordinance No. 2011-076 A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating a certain area within the city liinits of Denton as Peerless Manufacturin~ Reinvestment Zone X for commercial/industrial tax abatement; establislung the boundaries of such zone; malcing findings required in accordance with Chapters 311 and 3122 of the TeYas TaY Code; ordaining other matters relating thereto; providing a severability clause; providing for repeal; and providing an effective date. Linda Ratliff, Economic Development Director, stated that she would be presenting iiiformation concerning Item 6A and SC Item SC proposed a tax abatement with Peerless Manufacturing and that businesses that receive tax abatements must be located within a reinvestment zone. A public hearing must be held to establish a reinvestment zone wluch was a designated area where economic development was encouraged. The proposed ordinance would establish Reinvestment Zone X. Peerless Manufacturing designed, engineered and manufactured luglily specialized filtration and separation equipment, industrial silencers, heat eYChangers and air pollution reduction systems to energy industry custoiners involved in gas and oil production. The coinpany currently had a location on Duncan Street and also in other cities. Peerless was interested in expandin~ its facility either in Denton or Wicluta Falls. The Denton site would require Peerless to eYtend Dalcota Lane from the Corbin Business Parlc to Airport Road. The valuation of the proposed project was estimated at $16 million. The Economic Development Partnership Board recommended a 40% tax abatement for 5 years which represented a total estimated incentive of $161,000. The City would receive approYimately $300,000 in property taY revenues. There were several changes to the docuinent Council had received in their agenda paclcet. Page 2, Section A had wording added to clarify the "increase of assessed value by the Denton Central Appraisal District". On page Section B referenced an additional section in error and Page 4 added wording to state "employees located at improvements to be considered". Council Member Watts asked if other cities were being considered. City of Denton City Council Minutes May 3, 2 0 11 Page 1? Ratliff replied that Wicluta Falls was also being considered. The decision was whether to eYpand here or move there. Council Member Watts stated that if Peerless went to Wichita Falls, the plant in Denton would be closed. Ratliff stated yes that there was a need to add a new production line either in Denton or Wichita Falls. The Mayor opened the public hearing. Bob Clifton, 1800 Morse, Denton, 76205, spolce against the proposal. The Mayor closed the public hearing. Mayor Pro Tem ILainp inotioned, Council Meinber ILing seconded to adopt the ordinance. On roll call vote, Council Meinber ILing "aye", Council Meinber Watts "aye", Council Meinber Heggins "aye", Council Meinber Gregory "aye", Council Meinber Engelbrecht "aye", Mayor Pro Tem ILainp "aye", and Mayor Burroughs "aye". Motion carried unaniinously. C ouncil returned to Item 5 C. C. Consider adoption of an ordinance authorizing the Mayor to execute a Tax Abateinent Agreeinent with PMFG, Inc., a Delaware Corporation; setting forth all the required terms of the TaY Abatement Agreement in accordance with the terms of Chapter 3121 of the TeYas TaY Code; setting forth the various conditions precedent to PMFG, Inc. receiving the Tax Abatement; providing for a severability clause; and providing an effective date. The Economic Development Partnership Board recommends approval (6-0). Council Member Gregory motioned, Council Member Watts seconded to adopt the ordinance with the ainendinents as presented by staff. Mayor Burroughs stated that there were a number of requirements in the agreement relative to the conditions to receive the abatement. Those included nuinber of employees, average wage of those employees, increased assessed values, etc. If those conditions were not met, the abatement would be decreased proportionally. There were defined terins and defined liinits for the agreement. Council Meinber Watts proposed a friendly ainendinent to the inotion that would clarify the $5 million over the assessed value throughout the agreement. Council Member Gregory agreed with that friendly amendment to the motion. City of Denton City Council Minutes May 3, 2 0 11 Page 13 On roll call vote, Council Meinber ILing "aye", Council Meinber Watts "aye", Council Meinber Heggins "aye", Council Meinber Gregory "aye", Council Meinber Engelbrecht "aye", Mayor Pro Tem ILamp "aye", and Mayor Burroughs "aye". Motion carried unaiumously. 6. PUBLIC HEARINGS B. Hold a public hearint', invitint', citizens to comment on the City of Denton's 2011 Action Plan for Housing and Commuiuty Development. Barbara Ross, Community Development Manager, stated that this public hearing was an opportunity for citizens to comment on the proposed 2011 Action Plan. The allocation amounts for the plan were based on staff estimates; however the actual allocation amounts would be provided by the Department of Housing and Urban Development. Proposed activities may need to be revised if funding ainounts varied froin the staff estiinates. Mayor Burroughs questioned how the additional cutting of the budgets would be implemented, through a percentage reduction for each allocation or the removal of proj ects. Ross stated that the Huinan Services Advisory Coininittee initially chose not to inalce across the board cuts but loolced at the orgaiuzations. Additional reductions could be done by either method based on the final allocations. The Mayor opened the public hearing. No one spolce during the public hearing. The Mayor closed the public hearing. No action was required by Council for tlus item. 7. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1). Nell Yeldell regarding water and soil contamination. Ms. Yeldell was not present at the ineeting. ? Bob Clifton regarding iiutiative/referendum. Mr. Clifton spolce regarding initiatives and referenduins. He felt that a referendum could always be an initiative but not the other way around. He presented inforination concerning wording on the petition and felt that the petition was in compliance. He did not tlunlc the Charter was followed properly when verifying the petition. City of Denton City Council Minutes May 3, 2 0 11 Page 14 3). Hatice Salih regarding the realities and repercussions of Ordinance No. 2010- 292. Ms. Salih felt that there was a complete lack of citizen input regarding Ordinance No. 21010-21921. There was no positive or respective response to citizens since Joe Mulroy left the Council. She felt Council needed to listen to citizens as Council did not represent the citizens and questioned what Council was going to do with the lcinlcs in the system. 4). Eric Mach regarding Ordinance 21010-29? and corniption. Mr. Mach was not present at the ineeting. 5). Cathy McMullen regarding gas well drilling ordinances. Ms. McMullen requested a inoratoriuin on gas well drilling in Denton. The City had not applied the higher fees in Phase I yet and was still studying the fees. She reviewed the amount of money spent on consultants for the gas well drilling and questioned why so much money had to be paid to a consultant to tell Council that the fees were acceptable. She had spent much time researching other ordinances froin other cities at her own expense and had given all of this inforination to staff and Council but it was not followed through. She aslced for protection froin gas well drilling in Denton with a moratorium until the fee stnicture was in place and the ordinances were worlcing. 6). Cameron Cox regarding appreciation to Council and staff for support of Cluldren's Advocacy Center for Denton County. Mr. CoY eYpressed lus appreciation and thanlced Council for their support of the Cluldren's Advocacy Center for Denton County. He presented background information on the Center, the growth of the Center and the increased good it was doing in Denton County. 7). Robert Doiuielly regarding the Maylull Road eYpansion project. Robert Donnelly stated that he was affected inost by the Mayhill Road expansion project. It seeined that there was only one route which was considered. He reineinbered that a few years ago another study was done regarding the eYisting route and that there was another route proposed by the current Mobility Plan. Those routes were also not considered by the current proposal. He noted that the City's website had not been updated on the proposal since December of last year. He was still seeking answers to his questions. 8). Carolyn Plullips regarding laclc of customer service and the petition. Ms. Phillips was not present at the ineeting. 8. CONCLUDING ITEMS City of Denton City Council Minutes May 3, 2 0 11 Page 15 A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual inforination 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 TeYas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanlcs, congratulations, or condolence; inforination regarding holiday schedules; an honorary or salutary recogiution of a public official, public employee, or other citizen; a reminder about an upcoming event orgaiuzed or sponsored by the governin, 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 meinber of the goveriung body or an official or employee of the muiucipality; or an aiuiouncement involving an imminent threat to the public health and safety of people in the inunicipality that has arisen after the posting of the agenda. Council Meinber Watts aslced that staff loolc at the intersection of Woodrow and Shady Oalcs and the traffic flow at that intersection. Council Meinber Watts aslced staff to investigate Mr. Doiuielly's observation on the website and answers to lus questions. Council Meinber Watts aslced for a report on the custoiner service ordinance in terins of how it was worlcing, eYtra deposits being charged, impact on utility bills, etc. Council Meinber Watts aslced for another update on the process involved in the petition so as to help the public understand the process. City Manager Campbell stated that he and the City Attorney had a meeting scheduled with the members of the petition committee to ~o throu~h the issues that were presented the last time Ms. Phillips was at Council. When they completed that meeting, they would malce a report to Council. Council Member Gre~ory asked for utility deposits data concernin~ how many people faced increases in deposits and the amount and include what the new system had done in terms of people paying accounts on time. Council Meinber Gregory aslced that during budget discussions for next year the Children's Advocacy Center have a place holder for discussion on funding. Council Meinber ILing aslced staff to checlc the conf'iguration of the intersection of Lillian Miller and Teasley Lane. Mayor Burroughs aslced for a report about the timing of the implementation of the fee stnicture for Phase I on gas well fees to include the reasoiung why they had not been not implemented and how many permits had come forward since the date they were instituted. City of Denton City Council Minutes May 3, 2 0 11 Page 16 Council Member Watts requested a placeholder for the Downtown Incentive Grant during budget discussion to revisit the $50,000 allocation. Council Member Gregory stated that the gas well ordinance should be ready when the Legislature was done with their session for a committee with citizens and technical advisors for Phase II of the ordinance. Council Meinber Engelbrecht also aslced for consideration of funding for the Children's Advocacy Center. Council Member Engelbrecht asked for a report regarding the Traffic Safety Commission and when that Coininission was planning to ineet. Mayor Burroughs asked staff to eYplore possible public service aiuiouncements regarding the customer service ordinance and basic issues on the ordinance in order to get out correct facts on the ordinance. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the TeYas Open Meetings Act. There was no continuation of the Closed Meeting. C Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the TeYas Open Meetings Act. There was no official action on Closed Meeting Iteins. With no further business, the meeting was adjourned at 8:45 p.m. MARIL A. BLJRROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 10, ? O 11 After determiiung that a quoniin was present, the City Council convened in a?" Tuesday session on Tuesday, May 10, 21011 at 4:00 p.m. in the City Council Work Session Room. PRESENT: Council Meinber ILing, Council Meinber Heggins, Council Meinber Gregory, Council Member Engelbrecht, Mayor Burroughs, Council Member Watts, Mayor Pro Tem ILamp ABSENT: None 1. Receive a report and hold a discussion regarding the potential purchase and renovation of the Golden Triangle Mall. Linda Ratliff, Director of Economic Development, stated that the Herring Group and Weitzman Group, two Dallas area retail developers, were currently in negotiations with Chase Banlc regarding a possible joint purchase of the Golden Triangle Mall. Staff was currently meeting with Herring and Weitzman regarding a possible public/private partnerslup. Gar Herring, Herring Group presented inforination on the current state of the inall, a renovation plan, case studies of other malls they had worked with, and the possibility of a public/private partnership. He reviewed the background of the Herring Group and presented previous projects in the area they had been involved with such as Allen, McILinney and Cedar Hill. Herb Weitzman, Weitzman Group, presented iiiformation indicating their commercial real estate brokerage services. Herring stated that a strong fundamental of the mall was the location and felt that it was the best real estate in Denton with a site plan that still worked. Past practices for the mall had been very limited capital improvements to lceep the mall competitive in terms of the exterior appearance, coininon areas, property signage and tenant storefronts which were are outdated and tired. Chase Banlc lured the Weitzman Group to oversee the leasing and management of the mall since Septeinber 1, 21010. The mall had major retailers with short term leases and without substantial investment, the mall would continue with fractured ownership of parcels. Their goal was to malce mall shopping, dining and entertainment a destination for all of Denton. Their plan to make the mall new again involved renovation projects so as to be eYCiting, different and modern; bringing in new and stronger shops and restaurants. A renovation plan would consist of (1) constnicting a new exterior facade; (2) redesign and enhance mall entrances; (3) upgrade the landscaping; (4) renovate the mall common area with new lighting, flooring and furiuture; (5) update tenant storefronts and interiors to match the newest prototypes; (6) install new proper signage; and (6) secure long-term commitments from the anchor stores. A renovation study showed that national fashion tenants were needed, more sit down restaurants, entertainment, fast casual diiung, and securing sigiuficant renovations of the anchor stores. Without a maj or renovation, the sales and property taY base for the mall and adj acent properties would continue to erode at an accelerated pace. A public/private partnership, in the form of an economic development agreement, was being considered that would involve a site plan, design, platting variances, signage, code compliance, etc. A public/private partnerslup would loolc at what was best for the mall. Redevelopment needed to aclueve miiumum acceptable returns for investors and those economic returns had to be competitive with similar investments. The current City of Denton City Council Minutes May 10, 2011 Page ? plans did not aclueve that miiumum acceptable return void wluch an economic development agreement would fill. Herring continued that components of an economic development agreement were different for a mall than for a ground up development and traditional incentives in other economic development agreeinents inight not be applicable. Current Chapter 380 agreeinents were a perforinance based paclcage. Their proposal had no upfront cash requested froin the City but did aslc for City participation in upfront costs of certain projects with direct public benefits such as parlcs. The economic development agreement might contain types of incentives and terms that were uiuque and creative to this situation. Mayor Burroughs aslced if the time frame for the incentives would be brought forward soon. Herring stated correct as they were trying to get a quiclc tiine fraine to present the proposal. Council Meinber Engelbrecht noted that the plan did not include the eYpansion of any of the facilities and that it was a common complaint that the stores were undersized. Herring stated that they had tallced to several stores about increasing size. Council Member Heggins asked about bringing in upscale stores that other areas did not have. Herrin, stated that would malce the merchandizing level significantly higher. They did not want to overshoot the marlcet by out-pricing what consumers could buy. They wanted strong national brands but also local uiuque brands that would survive. Council Meinber Heggins aslced about the possibility of adding a second floor to the inall. Herring stated that there were constrictions in doing that because of the parlcing ratio. Parlcing decks would have to be built which were very expensive and the mall did not receive enough rent to offset the cost of parlcing spaces. Council Member Gregory asked how the mall saw itself in relationslup to Rayzor Ranch. Herring stated that he was focused on Golden Triangle Mall, securing stores there and picking up new people. There were still lot of retailers who wanted to come to the Denton market. Some of those could come to the mall. Council Meinber Gregory aslced if the current anchors at the inall inight leave for Rayzor Ranch. Herring stated competition might result in that. Retailers wanted to be in the Denton marlcet but the Golden Triangle Mall was not currently where they wanted to be. Mayor Burroughs noted that the sales at the mall were much less over the past 10 years. He felt that it was not that there were fewer people or less demograplucs, it was just that people were not shopping in Denton. There was a lot of sale potential in Denton. Following the completion of the Worlc Session, the City Council convened in a Special Called Meeting. City of Denton City Council Minutes May 10, 2011 Page 3 L Consider adoption of an ordinance on first reading to voluntarily aiuieY approYimately 1.148 acres of land located witlun the City's EYtraterritorial Jurisdiction (ETJ) in accordance with Chapter 43 of the Texas Local Government Code. The site is located on the west side of Country Club Road; just north of the Education Center at Denton; between Ryan Road to the north and Bnish Creelc Road to the south. The Planning and Zoning Coininission recoininends approval (5- 0). (Al1-0001) Marlc Cuiuunghain, Director of Plaiuung and Development, stated that there had been two previous public hearings on the proposal. The property was part of DH-5 wluch was aiuieYed on May 4, 21010 and wluch was subject to a non-aiuieYation agreement. Section SA of the agreeinent, governing the subject property, stated that if the owner filed an application or plan of development or otherwise commenced development on any portion of the property inconsistent with the Development Plan provided in Section 2, then Sections 1 and 3 of the agreement would be void. The developinent done on property was inconsistent with the non-annexation agreeinent but a service use agreeinent was already in progress when the non-annexation agreeinent was done. Staff was not recoininending annexation of the entire site, just a sinall portion of a parlcing lot which would be considered the new development. The second reading of the ordinance would be on June 5, 2011. Council Member ILing asked if the road work that was required could be done so as to be affordable for the property owners. Cuiuungham stated that as staff went through the review process, they would consider all options. Mayor Pro Tem ILamp motioned, Council Member Engelbrecht seconded to adopt the ordinance. On roll call vote, Council Meinber ILing "aye", Council Meinber Watts "aye", Council Meinber Heggins "aye", Council Meinber Gregory "aye", Council Meinber Engelbrecht "aye", Mayor Pro Tem ILamp "aye", and Mayor Burroughs "aye". Motion carried unaiumously. 2. Consider a request for an exception to the Noise Ordinance for the level of decibels and the hours of operation for the purpose of a fundraiser with live music on Saturday, May ? 1, 20 11 at a residence located at 1000 Myrtle Street. The fundraiser will benefit the start-up of an independent publication. The exception is requested for extension of the hours of operation for ainplified sound froin 10:00 p.in. to inidnight and for the level of decibels to be increased froin 70 decibels to 80 decibels. Due to residential property located east of the event location, staff recommends allowing amplified sound until midiught with sound levels not to eYCeed 70 decibels. Emerson Vorel, Director of Parks and Recreation, showed a picture of the property illustrating where the location was and the surrounding businesses. He stated that there were no hoines located on the bloclc requested for the fundraiser. The music would end by midnit"ht with approxiinately 100 guests expected. Council Meinber Engelbrecht inotioned, Council Meinber Heggins seconded to approve the staff recommendation to allow amplified sound until midni~ht with sound levels not to exceed 70 decibels. On roll call vote, Council Member ILing "aye", Council Member Watts "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", City of Denton City Council Minutes May 10, 2011 Page 4 Mayor Pro Tem ILamp "aye" and Mayor Burroughs "aye". Motion carried unaiumously. 3. 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 TeYas Open Meetings Act, provide reports about items of commuiuty interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; inforination regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event orgaiuzed or sponsored by the goveriung body; iiiformation regarding a social, ceremoiual, or commuiuty 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 muiucipality; or an aiuiouncement involving an imminent threat to the public health and safety of people in the muiucipality that has arisen after the posting of the agenda. There were no items suggested by Council. Followin- the completion of the Special Called Meeting, the City Council convened in a Closed Meeting to consider the following: L Closed Meeting: A. Consultation with Attorneys -Under Texas Governinent Code, Section 551.071. L Consultation, discussion, deliberation, and receipt of information from the City's attorneys regarding potential litigation with Denton County Electric Cooperative, Inc. d/b/a CoServ Electric and CoServ Gas, Ltd. relating to disputes conceriung francluse issues, 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. Consultation, discussion, deliberation, and receipt of information from the City's attorneys regarding Oncor Electric Delivery Coinpany relating to proposed increase in rates, where public discussion of these legal inatters would clearly conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the TeYas Disciplinary Rules of Professional Conduct of the State Bar of Texas. With no further business, the Mayor reconvened the Open Meeting and adjourned in Open Session. MARIL A. BLJRROUGHS JENNIFER WALTERS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: June 7, 2 0 11 DEPARTMENT: Planning and Developinent , ACM: Fred Greene SUBJECT - DCAll-0003 (Gas Well Fee Ordinance Amendment) Consider adoption of an ordinance of the City of Denton, Texas setting Planning and Development Fees relating to Gas Well Drilling and Production in the City of Denton and its EYtraterritorial Jurisdiction; repealing Section ? of Ordinance 21010-183; and providing for an effective date. BACKGROUND On August 2, 2010, the Denton City Council adopted Ordinance 2010-183, thus ainending two prior ordinances: 2005-237 and 2009-098 pertaiiung to fees associated with gas well drilling and production witlun the City limits and the EYtraterritorial Jurisdiction (ETJ). The purpose of adopting Ordinance 2010-183 was to bring the subject fees in-line with current cost of service. During the August 2010 public hearing deliberations, questions arouse pertaiiung to the methodology used by staff in calculating the cost of service analysis, then presented. As such, the City retained J. Stowe & Co., LLC ("J. Stowe & Co.") to conduct a review and analysis of the reasonableness of the determination of the City's gas well permit and inspection fees. In particular, the fees reviewed and analyzed include the following: 1. Gas Well Specific Use Permit ("SUP") Review; 2. Gas Well Development Site Plan; 3. Gas Well Development Plat Review; 4. Gas Well Plat/Site Plan Amendment; 5. Annual Inspection and Administration Fee (within City); 6. Annual Inspection and Administration Fee (within extraterritorial Jurisdiction); 7. Transfer of Operation; 8. Watershed Protection Permit; 9. Gas Well Permit; 10. Fracture/Drill Pond; and 11. Compressor Facility Permit. The following report provides an overview of the process J. Stowe & Co. used to review and analyze the reasonableness of the determination of the aforementioned gas well permit and inspection fees, as well as a summary of their findings and recommendations. Page 1 of 7 A J. Stowe & Co. Review Process: J. Stowe & Co. commenced its review and analysis of the reasonableness of the City's gas well permit and inspection fees that were adopted in City Ordinance 21010-183 by reviewing the following: 1. City's current and recently enacted gas well permitting and inspection ordinances; 2. Applicable sections of the Denton Developinent Code (DDC 3. City staff's electronic worksheets used to develop the gas well permit and inspection fees adopted in City Ordinance 2010-183; 4. Various City ~as well permittintly and inspection application forms and checldists; and, 5. City's Full Cost Plan developed by Maximus, Inc. After reviewing the iiiformation above, an on-site meeting was conducted with representatives from the City's Finance, Planning, and Legal departments to acquire a high-level understanding of the activities perforined by the City in the gas well perinitting and inspection processes. A follow-up meeting with representatives from the City's Planning, and Legal departments was conducted to continue the overview of the City's gas well permitting and inspection processes. From these two (2) iiutial meetings with City staff, interviews were conducted with various City departinents/prograins that are involved in the gas well permittint', and inspection processes. The following is the list of the City departments/programs that were interviewed. Most of the City staff interviewed are members of the City's Development Review Committee ("DRC"). Plaiuung Legal Fire Prevention DRC Engineering Watershed Protection Building Inspections Streets Parks Admiiustration Rislc Manageinent Denton Municipal Electric Real Estate and Capital Support Wastewater Admiiustration Airport Finance On-site interviews with City staff were conducted over five (5) days, with most interviews lasting approYimately one (1) hour. The interview process was separated into two (2) coinponents based on the nature of the fees. Departinents/prograins that provide services associated with initial permittint', or plannint', activities were interviewed first. These services consist of the following fees: Gas Well SUP Review; Gas Well Site Plan Review; Gas Well Plat Review; Gas Well Site Plan/Plat Review Amendments; and Watershed Protection Perinit. Departinents/prograins that provide services associated with the operational aspects of gas wells were interviewed second. These services consist of the following: Aiuiual liispection; Transfer of Operation; Gas Well Permit; Fracture/Drill Pond; and Compressor Facility Permit. lii the cases where d epartments/pro gram s provide both services associated with initial permittin"; or plannin"; Page 2 of 7 activities and operational aspects of gas wells, these departments/programs were interviewed for both services. lii addition, phone interviews were conducted with City staff that were identified in the on-site interviews that should also be consulted re~ardin~ the City's gas well permitting and inspection processes who were not a part of the on-site interviews. The purpose of the interviews was to deterinine the activities perforined by the departinents/prograins in support of the gas well perinitting and inspection processes and the level of effort required to support these activities. Attention was given to typical activities and levels of efforts to establish a standard, or customary level of effort required per service provided. A summary of each department/program interview was provided to the respective departments/programs for their review and comment. Upon receiving the feedback from the departments/programs, for each department/program, a list of gas well permitting and inspection activities perforined by the departinent/prograin was provided in MS Excel format. Departments/programs were aslced to provide the positions/individuals responsible for performing the activity and their corresponding level of effort by activity. In addition to providing the positions/individuals responsible for performing the activity and their corresponding level of effort by activity, the departinents/prograins were provided the opportuiuty to modify, if necessary, the activity list to more accurately reflect the activities being performed. Currently, the City provides soine gas well inspection to gas wells within the City through the City's Fire department; however, the City does not currently provide the aiuiual inspection services envisioned to be performed by the newly formed Gas Well Operations department. Therefore, estimates had to be made to determine the anticipated level of effort required to conduct the Gas Well Inspections Division's annual inspections. To estimate the anticipated level of effort, J. Stowe & Co. interviewed representatives from other cities in the Dallas-Fort Worth area to gain an understanding of their levels of effort to perform gas well inspections. The cities interviewed included Fort Worth, Grand Prairie, and Mansfield. In addition, J. Stowe & Co. reviewed the proposal by Muiucipal liispection Team used to perform gas well inspection services for the City of Lewisville. Based on the interviews with the aforementioned cities and the review of the Municipal Inspection Team's proposal, it was estimated that it would require three (3) hours per inspection for each gas well, including travel tiine. In addition to the interviews with the cities above, the City of Arlington was interviewed to determine their levels of effort associated with its gas well permitting process. Based on a 2,080-hour work year, adjusted for paid time-off (TPO), overhead time, and assuming an inspection time of three (3) hours, it was estimated that, based on Fiscal Year 20 11 budgeted staffing, the new Gas Well liispections Division can perform 960 total gas well inspections annually. The City anticipates the need to conduct two (2) gas well inspections per well. Therefore, the new Gas Well Inspections Division will be able to inspect 480 gas wells aiuiually, assuming three (3) hours per inspection and two (2) inspections per year. Thus, the City should be able to inspect some of the gas wells witlun Page 3 of 7 its ETJ. Although there are fewer items to inspect for gas wells witlun the ETJ, it was assumed that the lesser inspection effort would be off-set by the additional travel time. Therefore, the same total level of effort, three (3) hours, is assumed for gas well inspections inside the City and within the ETJ. Based on the last gas well count, there are 237 gas wells within the City's limits, and 1,150 gas wells within the City's ETJ. After receivin~ the populated activity lists, these lists were compared with the interview notes for consistency. The populated activity lists were also compared to the City's estimated levels of effort that were developed for the gas well permit and inspection fees that were adopted in City Ordinance 21010-183. lii addition, J. Stowe & Co. retained the services of an independent gas well planner to review the City's estimated levels of effort that were developed for the gas well permitting fees adopted in City Ordinance 2010-183. J. Stowe & Co. then developed the cost of providing service for the gas well permit and inspection fees that were adopted in City Ordinance 21010-183 (seems a bit redundant). The cost of providint', service determination incorporated salary and benefit costs, direct departinent support costs, and indirect/overhead support costs. The development of salary cost is based on the City's current employee/position hourly salary rate. The City's hourly salary rate assuines a 2,080-hour worlc year. However, in reality, employees will most lilcely not spend 2,080 hours a year on direct service provision. Some of the employees' time will include sick time, holidays, and vacation (i.e. paid-time-off ("PTO")). One hundred and siYty (160) hours was assumed for PTO. In addition to PTO, some employees' time will also include activities not related to direct service provision, such as attending training, schools, seininars, conferences, and meetings, as well as inactive time; these are classified as overhead time. It was assumed that, after adjusting for PTO, overhead time makes up twenty-five percent (25%) of employees' time. Reinoving PTO and overhead tiine froin the 2,080 hour worlc weelc, J. Stowe & Co. developed an Adjusted Hourly Annual Salary Rate. The Adjusted Hourly Aiuiual Salary Rate was applied to the corresponding level of effort by employee/position to determine the salary costs associated with each gas well permit and inspection fee. Labor benefits were based on the City's current benefit rates per labor dollar. Fiscal Year 21011 line-itein budgets for each department/prograi-n that provides direct services related to the City's gas well permitting and inspection processes was reviewed. Departinent/prograin direct overhead support costs were identified and allocated to the costs of providing gas well permittint', and inspection services. In addition, the City's Full Cost Plan, developed by MaYimus, liic., was used to identify the indirect overhead support costs provided by other City departments to the departments/programs that perform gas well permittint', and inspection services. These costs, direct and indirect support costs, were converted into an Overhead Hourly Rate. The Overhead Hourly Rate was determined by talcing the department/program direct and indirect overhead costs and dividing them by the budgeted department/program full-time equivalent positions ("FTE"). This cost per FTE was then divided by the 2,080 work week, adjusted for PTO and overhead tiine, to deterinine the Overhead Hourly Rate. The Overhead Hourly Rate was applied to the corresponding level of effort by employee/position to determine the overhead support costs associated with each gas well permit and inspection fee. Page 4 of 7 After the development of the cost of service for the gas well permit and inspection fees, an on-site meeting was held with representatives from the City's Legal department and City Manager's Office to discuss the findings of the review and analysis. A follow-up meeting was held with representatives from the City's Legal, Planning, and Finance departments to present the findings of the review and analysis. B. Findings With the exception of the Gas Well SUP Review and Gas Well Perinit fees, there is a sizable difference between the City's adopted gas well permit and inspection fees and the gas well permit and inspection developed by J. Stowe & Co. The main difference appears to be in the estimated levels of effort. This is substantially due to City staff's short tiinefraine in which they developed their level of effort estiinates. City staff only had two-to-three weeks to conduct their analysis, whereas, J. Stowe & Co.'s analysis spanned a five-month timeframe, included numerous on-site interviews and consultations with other cities, and provided for inultiple reviews by the departinents/prograins associated with gas well permittint', and inspections. J. Stowe & Co.'s extended timeframe allowed for more in-depth analysis and a more thorough understanding of each departments/programs levels of effort. 1. Gas Well SUP Review - There is a$1,115, or 9%, difference between the City's fee estimate and J. Stowe & Co.'s. The primary difference is in the estimated levels of effort; the City estiinated 120.5 hours and J. Stowe & Co. estiinated 100.2 hours. 2. Gas Well Develoainent Site Plan - A level of effort analysis was not inade available for the Gas Well Developinent Site Plan; therefore, J. Stowe & Co. is unable to provide a comparison of J. Stowe & Co.'s estimated level of effort to the City's development of the estimated level of effort. 3. Gas Well Develoament Plat Review - J. Stowe & Co. estimated 24J5 hours for the level of effort for a Gas Well Development Site Plan compared to the City's estimate of 5025 hours, which is the primary difference, resulting in a$2,387, or 48%, difference between the two fee estiinates. 4. Gas Well Develoainent Site Plan/Plat Review Ainendinent - Based on the interviews, it is our understanding that Gas Well Developinent Plat Review Amendment and Gas Well Plat Review Amendment require the same levels of effort as the Gas Well Development Site Plan and Gas Well Plat Review. 5. Aiuiual liisaection and Admiiustration Fee (witlun Citv) - J. Stowe & Co. estimated 526 hours, wluch includes the new Gas Well Inspections Division's efforts, per each inside-city gas well inspection, compared to the City's estimate of 14.50, which is the primary difference, resulting in a$2,349, or 73%, difference between the two (2) fee estimates. lii addition, the City incorporated $250 in direct department overhead, support costs and $12 1 in vehicle costs, per inspection. J. Stowe & Co. was unable to deterinine the derivation of the $250 in direct departinent overhead, support costs and the $121 in vehicle costs. Page 5 of 7 6. Aiuiual liisaection and Admiiustration Fee (witlun ETJ) - The City currently does not charge a fee for gas well annual inspections within the City's extra-territorial jurisdiction ("ETJ"). 7. Transfer of Oaeration - The City estimated 7.75 hours for the level of effort associated with a transfer of gas well operations. J. Stowe & Co. estimated 3.27 hours, resulting in a$340, or 49%, difference between the two fee estiinates. 8. Watershed Protection Permit - It was determined that the City's level of effort estiinates assuined that the Watershed Protection Perinit process was perforined through a similar review process as the Gas Well Development Site Plan or Plat Review, coupled with the Watershed Protection Permit review. However, based on the interviews conducted by J. Stowe & Co, the Watershed Protection Permit process is being perforined as a separate process, not coupled with a review process similar to the Gas Well Development Site Plan or Plat Review, thus requiring less effort. Tlus results in a$?,745, or 921%, difference between the two (2) fee estimates. 9. Gas Well Permit - There is a$47, or 9%, difference between the City's fee estimate and J. Stowe & Co.'s. Although J. Stowe & Co.'s level of effort estimate is greater than the City's (6.87 hours vs. 3.45 hours), J. Stowe & Co.'s fee estimate is lower. The reason the City's fee is greater is the City's inclusion of $250 in direct department overhead, support costs per gas well permit. J. Stowe & Co. was unable to deterinine the derivation of the $250 in direct departinent overhead, support costs. 10. Fracture/Drill Pond - Based on the interviews, it was deterinined that the activities associated with Fracture/Drill Pond permits are already bein~ captured in other permitting activities that are currently being charged under a separate fee. Thus, those activities are already being funded through another revenue source; therefore J. Stowe & Co. did not conduct a review of the costs for the Fracture/Drill Pond permit as a separate fee. 11. Coinaressor Facilitv Perinit - Based on the interviews, it was deterinined that the activities associated with Compressor Facility Permits are already bein~ captured in other permitting activities that are currently being charged under a separate fee. Thus, those activities are already being funded through another revenue source; therefore J. Stowe & Co. did not conduct a review of the costs for the Coinpressor Facility Permit as a separate fee. lii the course of the review, J. Stowe & Co. discovered limited metrics to perform cost assigninents or allocations, and thus relied upon estiinates provided by City staff. However, it was determined that the City's accounting system does have the capabilities to capture labor efforts by activity, wluch are not utilized by most of the departments/programs interviewed. Page 6 of 7 RECOMMENDATIONS 1. Based on the aforeinentioned J. Stowe & Co. analysis and findings, staff recoininends that the City adopt the fees presented in the table below in lieu of the City's current gas well permit and inspection fees as adopted in Ordinance 21010-183. Staff also recoininends that the City discontinue the assessinent of the separate fees for Fracture/Drill Pond and Compressor Facility Permit. ~ Gas Well SUP Revie« ~ $12,500 ~ $11,385 ~ C7as NN'ell Develc>pment Site Plan $7,51111 $3,9()() I(7as NN'ell Develc>pinent Plat Reviellv I $5,000 I $2,600 I ~ Gas Well Plat/Site Plai Amenament ~ $,i,(_)(_)(_) ~ $3,9(_)(_) ~ Each aaaitic>nal t«c> reT-ie«s $5,000 $2,600 The follQwing fees shall be charged annually, per gas well I Annual Inspectic>n and A(1ninistratic>n Fee (witliin $3,200 $85() Cit~-) Aiuiual Inspectic>n aia Ac1ninistratic>n Fee («ithin No fee $580 ETJ) The following fees shall be charged per each application I ~ Transfer of OperatiOn ~ $700 ~ ~ $360 NN'atershed Protection Permit $3,000 $250 I C7as NN'ell Permit I I I ~racture/Drill Po>tia $550 $o ~ Compresso>r Facilit- Permir ~ $»u 2. Staff recommends that all other applicable ~as well d rillin~ fees be retain a s adopted. OPTIONS 1. Adopt fees as submitted. 2. Adopt subject to conditions. 3. Deny 4. Postpone consideration 5. Table item EXHIBITS 1. J. Stowe & Co.'s Cost-of-Service Fees and Analysis 2. Ordinance Page 7 of 7 Prepared and Respectfully submitted by: Marlc Cuiuunghain, AICP, CPM Director of Planning and Development Attachment 1 Page 1 of 8 Findings from Gas We Fee Ana ysis Gas Well SUP Review Gas Well Development Site Plan Gas'Well Development Plat Review Gas Well Site Plan/Plat Amendment Annual Inspection and Administration Fee (City) (assurnes 2 annual inspections) Annual Inspection and Administrative Fee (within ETJ) (assumes 2 annual inspections) Transfer of Operation Watershed Protection Permit Gas'Well Permit Fracture/Drill Pond $12,500 Gas Well S'UP Review 7,500 Gas Well Development Site Plan 5,000 Gas Well Developrnent Plat Review 5,000 / 5,000 Gas Well Site Plan/Plat Amendment 3,200 Annual Inspection and Admin'istration Fee (City) (assumes 2 annuai inspections) No Fee Annual Inspection and Administrative Fee (within ETJ) (assumes 2 annual inspections) 700 Transfer of Operation 3,000 Watershed Protection Permit 550 Gas Well Permit 550 Fracture/Drill Pond $11, 385 3,896 2,613 3,896 / 2,613 851 581 360 255 503 N/A Cornpressor Facil'ity Permit 55`0 Compressor Facil'ity Perrnit NJA Draft - Confidential - Attorney-Client Privilege Attachment 1 Page 2 of 8 Gas Well SUP I Salary and Overhead: Service Provider Planning Water Administration Drainage, Solid Waste, Transportation Legal Landscaping Tree Code Fire Prevention Building Inspection Water/Wastewater Parks Real Estate and Capital Support DME Risk Management Total Salary Benefits: FICA/Medicare TMRS Life Insurance Long-term Disability Total Benefits Total Costs: Calculated Total Division Overhead Hours Salary Cost Cost Total Cost 52.03 $ 2,263.14 $ 3,297.06 $ 5,560.20 5.83 347.13 121.06 468.18 5.00 349.98 110.83 460.81 19.00 1,435.50 431.82 1,867.32 4.58 197.03 290.42 487.45 4.92 182.87 311.54 494.41 1.75 73.91 16.69 90.60 1.92 97.96 30.45 128.41 1.50 80.86 140.44 221.30 0.75 45.60 70.20 115.79 2.00 68.58 61.77 130.35 0.42 64.48 6.95 71.43 0.50 33.36 15.74 49.10 100.20 $ 5,240.41 $ 4,904.96 $ 10,145.37 Cost $ 400.89 807.55 9.96 20.96 $ 1,239.36 $ 11,384.72 Current Fee 12,500.00 Difference $ (1,115.28) SPECIFIC USE PERMIT DRC Review Salaries: Benefits: FICA/Medicare TM RS Health insurance Life insurance Long term disability Benefits Total Overhead allocation: General Administrative/Support Services Budgeted Planning personnel hours Total Cost SUP Draft- Confidential - Attorney-Client Privilege Current $ 1,367,207.37 38,433 $ 467.91 942.54 584.66 11.62 24.47 $ 2,031.19 lours Cost/hour Total costs 120.50 120.50 50.76 6,116.43 ~ $ 16.86 ~ $ 2,031.19 ~ $ 35.57 ~ $ 4,286.61 ~ ~ $ 12,434.24 Attachment 1 Page 3 of 8 Gas Well Site Plan Salary and Overhead: Service Provider Hours Salary Cost Planning 10.27 $ 440.76 Water Administration 4.17 247.95 Drainage, Solid Waste, Transportation 4.00 253.79 Landscaping 4.58 197.03 Tree Code 4.92 182.87 Fire Prevention 1.75 73.91 Building Inspection 1.92 97.96 Water/Wastewater 1.50 80.86 Parks 0.42 25.33 Real Estate and Capital Support 2.00 68.58 D M E 0.42 64.48 Risk Management 0.50 33.36 Total Salary 36.44 $ 1,766.89 Benefits: Cost FICA/Medicare $ 135.17 TM RS 272.28 Life Insurance 3.36 Long-term Disability 7.07 Total Benefits $ 417.87 Total Costs: Total Division Overhead Cost Total Cost $ 650.80 $ 1,091.56 86.47 334.42 61.26 315.05 290.42 487.45 311.54 494.41 16.69 90.60 30.45 128.41 140.44 221.30 39.00 64.33 61.77 130.35 6.95 71.43 15.74 49.10 $ 1,711.53 $ 3,478.42 $ 3,896.29 Current Fee 7,500.00 Difference $ (3,603.71) Draft - Confidential - Attorney-Client Privilege Attachment 1 Page 4 of 8 Gas Well Plat I Salary and Overhead: Service Provider Planning Water Administration Drainage, Solid Waste, Transportation Fire Prevention Building Inspection Water/Wastewater Parks Real Estate and Capital Support DME TotalSalary Benefits: FICA/Medicare TMRS Life Insurance Long-term Disability Total Benefits Total Costs: Calculated Total Division Overhead Hours Salary Cost Cost Total Cost GAS WELL PLAT 9.58 $ 427.57 $ 607.24 $ 1,034.81 Expenditures: 3.17 188.44 65.72 254.16 DRC Review 4.00 253.79 61.26 315.05 Salaries: 1.75 73.91 16.69 90.60 Benefits: 1.92 97.96 30.45 128.41 FICA/Medicare 1.50 80.86 140.44 221.30 TMRS 0.42 25.33 39.00 64.33 Health insurance 2.00 68.58 61.77 130.35 Life insurance 0.42 64.48 6.95 71.43 Longterm disability 24.75 $ 1,280.94 $ 1,029.51 $ 2,310.45 Benefits Total Overhead allocation: Cost General Adm inistrative/Sup port Services $ 97.99 Budgeted Planning personnel hours 197.39 Total Cost Permit Review 2.43 5.12 $ 302.94 $ 2,61339 Current Fee 5,000.00 Difference $ (2,386.61) Draft - Confidential - Attorney-Client Privilege Current $ 1,368,948.00 39,520 ~ Hours ~ Cost/hour ~ Total costs ~ 50.25 I I ~ 50.25 47.40 2,381.71 $ 182.20 367.02 243.81 4.53 9.53 $ 807.08 I I$ 16.06 807.08 ~ 34.64 1,740.63 ~ ~ ~ $ 4,929.42 Attachment 1 Page 5 of 8 Gas Well Annual Inspection ~ Calculated Current ~ Salary and Overhead: Tot al Division Service Provider Hours Salary Cost Overhead Cost Total Cost Gas Well Inspection Fee (C ity Limits) I I Salary 1.00 32.79 22.73 55.52 Activities Hours Amount Total Cost Fire Prevention 1.26 48.26 12.00 60.26 Administrative 2.26 81.05 34.73 115.78 Process and distribute application documents 1 2.501 $25.67 1 $64.18 Site Plan Review and Field Inspection Review site plan, insurance documents, road remediation agreement, emergence response plan, reduced emission, and periodic reports as required in Benefits: Cost section 35.22.11 of the DDC, etc. 4.75 FICA/Medicare 6.20 Site inspections 1 4.501 1 TMRS 12.49 TakinQ & processinQ complaints 1 2.751 1 life Insurance 0.15 Total 1 12.001 $42•53 1 $510.36 ~ long term Disability 032 Total senefits 79.17 Vehicle and Overhead Costs Vehicle costs for inspections ~ $121.00 Direct Department overhead, support ~ $250.00 ~ TotalCosts: $ 134.94 Sub-Total $371.00 Curr ent Fee 3,200.00 Difference $ (3,065.06) Benefits: lCosts FICA/Medicare ~ $4395 TM RS ~ $88.54 New Gas Well Operations Group F Y 2011 Budget Life in5urance ~ $1.09 Personnel Costs $ 315,278.00 LonQ term disability ~ $2.30 Other Costs 34,674.00 Total ~ $135.88 $ 349,952.00 BudQeted Personnelhours ~ 14.50 ~ $35.57 ~ $515.82 Sal aries & Benefits FY 2011 Budget Gas Well Administrator 100,110 32.3 % $ 101,709.79 Total tost per Inspettion ~ $1,597.23 Gas Well Inspector 62,328 20.1 % 63,324.02 GasWelllnspector 83,778 27.0% 85,116.80 OfficeAssistant 64,103 20.7% 65,12739 310,319 100.0% $ 315,278.00 Gas Well Inspections Gas Well Administrator $ 50,854.90 Gas Well Inspector 63,324.02 Gas Well Inspector 85,116.80 $ 199.295.72 Other Gas Well Activities Gas Well Administrator $ 50,854.90 Office Assistant and Other Costs Gas Well Inspections $ 79,512.05 Other Gas Well Activities $ 20,289.33 Total Gas Well Operations Inspection Costs $ 278,807.77 Gas Well Inspector Budgeted Hours 4,160 less PTO (320) less Overhead (960) Total Adjusted Annual Hours 2,880 Btimated Hours per Inspection 3.0 Total Gas Well Inspections 960 Total Gas Well Operations Inspection Costs $ 278,807.77 Total Gas Well Inspections 960 Cost per Inspection $ 290.42 Cost per Inspection - In-City $ 425.37 $ 850.74 Cost per Inspection - ETJ $ 290.42 $ 580.85 Draft Confidential Attorney Qient Privilege Attachment 1 Page 6 of 8 Gas Well Transfer of Operations ~ Calculated Current ~ Salary and Overhead: Total Division Overhead Service Provider Hours Sa lary Cost Cost Total Cost Gas Well Transfer of Operation Tota I Total Salary Planning 0.02 $ 0.50 $ 1.06 $ 1.55 Hours Cost Transportation 0.25 13.67 6.84 20.51 Total 7.75 $ 313.65 Risk Management 0.50 33.36 15.74 49.10 Legal 2.50 178.62 56.82 235.44 Total Salary 3.27 $ 226.15 $ 80.46 $ 306.61 Benefits: FICA/Medicare $ 23.99 TMRS 48.33 Benefits: Cost Life insurance 0.60 FICA/Medicare $ 17.30 Long term disability 1.25 TMRS 34.85 Total Benefits Costs $ 74.18 $ 9.57 $ 74.18 Life Insurance 0.43 Long-term Disability 0.90 Overhead Allocation: Total Benefits $ 53.48 General Ad min istrative/Su pport Services $ 1,362,920.76 Budgeted Planning personnel hours 38,313 $ 35.57 $ 275.70 Total Costs: $ 360.09 Total Cost per Permit/Process $ 663.52 Current Fee 700.00 Difference $ (339.91) Draft - Confidential - Attorney-Client Privilege Attachment 1 Page 7 of 8 Gas Well Watershed Protection Permit ~ Calculated Current ~ Salaryand Overhead: Total Division Overhead Service Provider Hours Sa lary Cost Cost Total Cost Watershed Protection Permit Total TotalSalary Planning 0.50 $ 14.93 $ 31.68 $ 46.61 Hours Cost Water Administration 2.75 126.33 48.59 174.91 TOTAL HOURS with 1 Revision 31.50 31.50 $ 1,496.34 ~ Total Salary 3.25 $ 141.25 $ 80.27 $ 221.52 Benefits: Benefits: Cost FICA/Medicare $ 114.47 FICA/Medicare $ 10.81 TMRS 230.59 TMRS 21.77 Life insurance 2.84 Life Insurance 0.27 Longterm disability 5.99 Long-term Disability 0.57 Total Benefits Costs $ 353.89 $ 11.23 $ 353.89 Total Benefits $ 33.41 Overhead Allocation: General Administrative/Support Services $ 1,362,186.16 Total Costs: $ 254.93 Budgeted Planning personnel hours 38,292 $ 35.57 $ 1,120.57 Current Fee 3,000.00 Difference $ (2,745.07) Total Cost per Permit/Process $ 2,970.79 Draft - Confidential - Attorney-Client Privilege Attachment 1 Page 8 of 8 Gas Well Operational Permit Salary and Overhead: Service Provider Hours Salary Cost Total Division Overhead Cost Total Cost $ 502.91 Current Fee 550.00 Difference $ (47.09) Gas Well Operational Permit Activities Administrative Process and distribute permit submission Planning 0.45 $ 13.44 $ 28.51 $ 41.95 Legal 2.00 130.01 45.45 175.47 Fire Prevention 4.42 169.39 42.12 211.51 6.87 $ 312.83 $ 116.09 $ 428.92 Benefits: Cost FICA/Medicare $ 23.93 TM RS 48.21 Life Insurance 0.59 Long-term Disability 1.25 Total Benefits $ 73.98 Total Costs: Gas Well Inspector Review Review drilling packet, communicating with applicant and issuing permit Total Overhead Direct Department overhead, support Benefits: FICA/Medicare TM RS Life insurance Long term disability Total Budgeted Personnel hours Total Cost per Inspection Salary Hours Amount Total Cost I I I 1 0.451 $25.67 1 $11.55 3.00 1 3.001 $42.53 1 $127.59 ~ Cost ~ $250.00 Costs $10.64 $21.44 $0.26 $0.56 $32.90 3.45 1 $35.57 ~ $122.73 $544.77 Draft - Confidential - Attorney-Client Privilege s:llegallour documentslordinancesll llordinance - amended gas well fees doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SETTIlVG PLANNING AND DEVELOPMENT FEES RELATING TO GAS WELL DRiLL1NG AND PRODUCTION IN THE CITY OF DENTON AND ITS EXTRATERRITORIAL 3URISDICTION; REPEALING SECTION 2 OF ORDINANCE 2010-183; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant ta Ordinance No. 2010-183, the City Council of the City nf Denton, Texas amended the Planning Fee Schedule established by prior ordinances, by amending fees relating to gas well drzlling and production within the city limits and extraterritorial jurisdiction; and WHEREAS, after giving further consideration to the cost of services analysis supporting such fees, and to the questions raised and opinions expressed in a public hearing related to those fees by citizens, staff and industry representatives, and in due consideration of the fact that such fees represent a component of interim measures taken by the City Council pending a mare comprehensive review of fees, standards and procedures associated with gas well driliing and production, and further finding that such fees, as set forth herein, are reasonable, do not exceed the reasonable cost to the City in providing the scheduled services; and are in the public interest; 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 Planning and Development Fee Schedule for gas well production is adopted, as set forth in the table below: The following fees shall be charged £or the first two (2) reviews I I 385 ~ $11 ~ Gas WeU SLTP Review ~ , 900 ~ $3 ~ Gas Well Developmer~t Site Plan ~ , 600 ~ $2 ~ Gas Well Development Plat Review ~ , $3 900 ~ ~ Gas Well Plat/Site Plan Amendment , $2 60Q I ~ Each additional two (2) reviews - ~ ' d annually, per gas well g r h ~ ) ~ tion ~'ee (within C~y ~ Annual Inspection a d Administ a I $850 ~ $580 ~ ~ Annual Inspection and Administration Fee (within ET]) ~ The followixg fees shall be charged ver each application ~ ~ Transfer of Operation ~ I $360 ~ $250 1 ~ Watershed Protection Permit I $500 ~ ~ Gas Well Permit SECTION 3. Section 2 of Ordinance 2010-183 is hereby superseded and repealed. SECTION 4. This ordinance shall become effective at 12:01 a.m., Page 1 s:llegallour docu►nentslordinancesll Ilordinance - amended gas well fees .doc PASSED AND APPROVED this, the 7th day of June, 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ~ Page 2 AGENDA INFORMATION SHEET AGENDA DATE: June 7, 2011 DEPARTMENT: Enviroiunental Services and Sustainability/Plaiuung ACM: Howard Martin, Utilities 349-8232 bV- SUBJECT Consider approval of a resolution by the City of Denton requesting the Texas Coininission on Environmental Quality to consider implementin~ control measures for emissions of volatile orgaiuc compounds ("VOCs") from development of the Barnett Shale resources as a part of the rate of further progress goals for the 20121 State linplementation Plan for ozone. BACKGROUND During the May 17, ?Oll Committee on the Enviroiunent meeting, Mr. Jim Scherinbeclc of Downwinders at Rislc briefly addressed the Committee as a"new business itein" regarding volatile organic compound (VOC) emissions from Barnett Shale '_"as well development, how these emissions are related to the upcomint', Dallas-Fort Worth State linplementation Plan for ozone, and a proposed resolution regarding VOC reductions that lus orgaiuzation is promoting. Mr. Schermbeck was asked to provide supporting iiiformation to the Committee on the Environment members and staff via email. Staff was asked to provide further research on the inaterials subinitted by Mr. Scherinbeclc and to provide a resolution for consideration by the City Council. The Texas Coininission on Environinental Quality (TCEQ) has provided several presentations to the North Central Texas Clean Air Steering Committee concerning modeling and sources of NOY and VOCs that are being considered witlun State linplementation Plan. On November 5, ?010, the TCEQ provided a presentation that specifically addressed the issue of emission sources froin gas well drilling and production with the Dallas-Fort Worth Metroplex. In this presentation, the TCEQ provided information summarizing the changes in NOx and VOCs from the 2006 baseline to the future (estimated) 220122 baseline. Tlus iiiformation showed reductions in VOCs from the on-road mobile sources, point sources, non-road (planes, slups, etc.) and off- road categories (certain engines, equipment, agriculhiral, air and rail ~round support, etc. The study noted that there was an increase in VOC emissions from area sources (small sources lilce dry cleaners, gas stations, and auto body paint shops, buildings, etc., not including oil and gas operations) froin 2 10 tons per day in the 2006 baseline to 237 tons per day in the 20 12 baseline. However, the TCEQ estimated oil and gas production VOCs would increase from the 67 tons per day established in the 2006 baseline to 103 tons per day in the 2012 baseline, inalcing "oil and gas production VOCs" the second largest source category of VOC in the Dallas-Fort Worth MetropleY. According to the TCEQ presentation, the bullc of these VOC emissions are related to emissions from condensate tanlcs and pneumatic devices. The category of "oil and gas production" was also shown to have exceeded on-road inobile sources in terins of VOC emissions. 1 Although the TCEQ has addressed iutrogen oYide emissions from certain types of diesel engines used in developing the Barnett Shale resources through its new diesel engine niles, the emissions of VOCs froin the Barnett Shale in the Dallas-Fort Worth inetroplex has not been specifically regulated in any previous State linplementation Plan. However, the TCEQ must reduce emissions of VOCs in the Dallas-Fort Worth non-attaiiunent area in order to address ozone concerns as well as to meet the "Rate of Further progress" goals that are outlined in the State linplementation Plan. The resolution provided as Exhibit 1 requests that the TCEQ consider iinpleinenting control ineasures for the einissions of VOC as a part of the 2012 State linplementation Plan for Ozone and that the our state and federal representatives (including the TCEQ and the Enviroiunental Protection Agency) worlc with the City of Denton to ensure these regulatory measures, if adopted, are implemented as specified in the plan. As of May 25, 2011, the Towns of Dish, Flower Mound, and Bartonville, as well as the Dallas County Commissioners Court, have adopted similar resolutions. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None OPTIONS 1. Approve the resolution as submitted Approve the resolution with modifications 3 . Deny 4. Postpone consideration 5. Table item RECOMMENDATIONS Staff recommends adoption of the resolution EYHIBITS 1. Resolution Respectfully prepared and submitted by, 0-1 ~ 4A= ILenneth Banlcs Director, Environinental Services and Sustainability. ~ s:\fegal\our documents\resolutions\li\fair share resolution final,doc RESOLUTION A RESOLUTION REGARDING A REQUEST BY THE CITY OF DENTON THAT THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ("TCEQ") IMPLEMENT CONTROL MEASURES F4R EMISSION OF VOLATILE ORGANIC COMPOUNDS ("VOC'S") FROM THE DEVELOPMENT OF THE BARNETT SHALE RESOURCES AS A PART OF THE RATE OF FURTHER PROGRESS GOALS FOR THE 2012 STATE IMPLEMENTATION PLAN FOR OZONE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the the Dallas-Fort Worth non-attaimnent area for ozone pollution (DFW non-attainment area) failed to meet the 1997 SS parts per billion federal ozone standard and was recently reclassified as a"serious" violator of the federal Clean Air Act; and WHEREAS, the Texas Commissian on Environmentai Quality and the U.S. Environmental Protection Agency must develop control strategies and measures to enable the DFW non-attairunent area to achieve compliance with the 1997 SS ppb ozone standard thoraugh submittal of a complete and adequate State Implementation Plan for Ozone; and WHEREAS, since 2005 the DFW non-attaimnent area has experienced and expects to cantinue a rapid growth in the developmEnt of Barnett 5nale natural gas and oil resources, and WHEREAS, the Texas Commission on Environmental Quality and the U.S. Environmental Protection Agency have concluded emissions af Valatile Organic Compaunds (VOCs) are a major source of ozone pollutian in the DFW non-attaimnent area; and WHEREAS, the Texas Commission on Environmental Quality has estimated that emissions of VOCs from development of Barnett Shale resources have risen significantly in the last five years, while VOC emissions from every ather majar source category but one has decIined; and WHEREAS, the Texas Commission an Environmental Quality nas estimated thai emissions of VOCs from development of Barnett Shale resources will total over 100 tons per day by 2012, ecIipsing an-road mobile sources to become the second largest source category of VOCs in the DFW non-attaimnent area; and WHEREAS, the Texas Cammission on Environmental Quality has estimated that total annual emissions of VOC air pollution in the DFW non-attainment area will continue to increase, despite control measures and strategies xequired by previous DFW State implementation Plans; and WHEREAS, the emissions of VOCs from development of Barnett Shale resaurces are unregulated by any previous DFW State Implementatian Plan far Ozone; and WHEREAS, the Texas Commission on Environmental Quality has previously regulated significant emissions of Nitrogen Oxide, another major ozone precursor, resulting from development of Barnett Shale resources through its new diesei engine rules; and s:\legal\our documents\resolutions\li\fair share resalution final,dac WHEREAS, the Texas Commission on Environmental Quality has concluded it must reduce emissions of VOCs in the DFW non-attainment area over the next two years to meet required Rate of Further Progress goals in the 2012 State Implernentation Plan for ozone pollution being submitted to meet the 1997 federal ozone standard; and WHEREAS, existing control measures for emissions of VOCs from development of Barnett Shale resources (pneumatic valves, vapor recovery, electric compressors, flaring bans, green completions) can reduce VOC pollution; and WHEREAS, emissions of VOCs resulting from development of Barnett Shale resources, including benzene and formaldehyde, represent a source of concern among many residents living adjacent to oil and gas facilities in the DFW non-attainment area. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: The City of Denton recommends that as part of their efforts to meet Rate of Further Progress goals for the 2012 DFW State Impiementation Plan of Ozone, the Texas Commission on Environmental Quality and Environmental Protection Agency implement control measures far emissions of VOCs from the development of Barnett Shale resources throughout the DFW non-attainment area. SECTION 2: The City of Dentan requests that our state and federal representatives work with the City to see that TCEQ irnplernents VOC controls on gas industry faciitities and equipment in the 2012 DFW State Implementatian Pian for Ozone. SECTION 3. This Resolution shall becQme effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: s:\legal\our documents\resolutions\11\fatr share resolution final.doc APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ~ BY: Xl~ v AGENDA INFORMATION SHEET AGENDA DATE: June 7, ?O11 DEPARTMENT: Wastewater ACM: Howard Martin, 349-8?3? SUBJECT Consider adoption of an ordinance authorizing the City Manager of the City of Denton, TeYas, or lus designee, to eYecute for and on behalf of the City a Pipeline Crossing Agreement, by and between the City of Denton, Texas, and the Union Pacific Railroad Coinpany, relating to the constniction, maintenance and operation of a sanitary sewer pipeline within the railroad right-of- way, located immediately north of said railroad right-of-way's intersection with McILiiuiey Street at Mile Post: 718.95, Choctaw Subdivision witlun the Buffalo Bayou, Brazos and Colorado Railroad Coinpany Survey, Abstract Nuinber 185, City and County of Denton, Texas; authorizing the expenditure of funds therefor; and providing an Effective Date. BACKGROUND As a coinponent of the Pecan Creelc Interceptor Phase II 36" sanitary sewer project, it is necessary to seelc forinal authorization froin the Union Pacific Railroad Coinpany to cross their right-of-way with the subject wastewater improvements. OPTIONS 1. Approve the Pipeline Crossing Agreeinent. Not approve the Pipeline Crossing Agreement. 3. Table for future consideration. RECOMMENDATION Staff recommends approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Septeinber 27, 2010 - The Public Utility Board recoininended approval (6-0). October 19, 21011 - The City Council unaiumously approved Ordinance 2010-2166. FISCAL INFORMATION There is a one-time payment fee of $9,600.00 to Uiuon Pacific Railroad Company. Funding for Pecan Creelc Interceptor II will come from existin~ bond funds. The Wastewater Department will be the funding departinent for this project. The project nuinbers for this project are 6401265;9 and 640126540. BID INFORMATION Staff intends to bid the Pecan Creelc Interceptor Phase II project in July, 2011. Constniction for the project is estiinated to begin shortly thereafter. EYHIBITS 1. Ordinance 2. Location Map Respectfully submitted, ~ Franlc G. Payne, P.E. City Engineer Prepared by, Paul Williamson, Real Estate Manager ORDINANCE NO. AN ORDINANCE AUTHORIZNG THE CITY MANAGER OF THE CITY OF DENTON, TEXAS, OR HIS DESIGNEE, TO EXECUTE FOR AND ON BEHALF OF THE CITY A PIPELINE CROSSING AGREEMENT, BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE UNION PACIFIC RAILROAD COMPANY, RELATING TO THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A SANITARY SEWER PIPELINE WITHIN THE RAILROAD RIGHT-OF-WAY, LOCATED IlVIlMEDIATELY NORTH OF SAID RAILROAD RIGHT-OF-WAY' S 1NTERSECTION WITH MCILINNEY STREET AT MILE POST: 718.95, CHOCTAW SUBDIVISION WITHIN THE BUFFALO BAYOU, BRAZOS AND COLORADO RAILROAD COMPANY SURVEY, ABSTRACT NLJIVIBER 185, CITY AND COUNTY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITLJRE OF FLJNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute a Pipeline Crossing Agreeinent (the "Agreement") between the City of Denton and the Union Pacific Railroad Company in substantially the form of the Contract wluch is attached to and made a part of tlus ordinance for all purposes, for the purpose of constnicting, maintaiiung and operating a City sanitary sewer pipeline within the right-of-way of said railroad. SECTION The City Manager is authorized to malce the eYpenditures as set forth in the attached C ontract. SECTION 3. That this ordinance shall become effective immediately upon its passat"e and approval. PASSED AND APPROVED this the day of , 2011. MARIL A. BLJRROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: TEXAS ST. HANN ST. 1-- cn z 1-- cn D ~ u~ 0 z Q Y Q ~ cc POST CITY OFFICE HALL WITHERS ST. W ~ Q J J W m SENIOR CENTER L_Lj Q clvrc ~ CENTER J J W m 1 OAK ST. ~ rn r u~ _ o z Q ~ cn J Y D Q Q o ~ J J W W > Q J W m II ~ ~ X/x 500' 0' Jl ~a. cf) ~ W Q ry L~ Q ~ ~ BARBER ST. w ~ N w > ~ O ti ~ - ° o F3ANNER ST. / KENT ST. ULAND ST. LOCATION OF ~ LICENSE AREA - MCKINNEY ST. ~ w > w Q ~ Q ° Of ~ \ OAK ST. 0 CITY Q HALL [If EAST pOLICE HICKORY ST. I cn J MULBERRY ST. D cn SYCAMORE ST. Q ~ ~ cn D 0 z F-- U) z 0 F-- U) 0 n x w OAKWOOD CEMETER Y LOCATION MAP UNION PACIFIC RAILROAD COMPANY PIPELINE CROSSING AGREEMENT PECAN CREEK INTERCEPTOR 11 F-- u~ ~ Q c/) ~ Q ry m ~ 500~ ~ ~ (,n fn O ~ ~ Q ~ C~ 1-- cn ~ ~ ~ Q ~ u AGENDA INFORMATION SHEET AGENDA DATE: June 7, 2011 DEPARTMENT: Transportation ACM: Jon Fortune ~ SUBJECT Consider the approval of a resolution of the City Council of the City of Denton, Texas, appointing a Member and a First Alternate to the Board of Directors of the Denton County Transportation Authority; providing a repealer; and providing an effective date. BACKGROUND On Deceinber 1, 21009, Guy McElroy was appointed as the City of Denton representative to the Denton County Transportation Authority (DCTA) Board of Directors through the approval of Resolution R2009-038. On Febniary 15, 2011, the Denton City Council approved Resolution 2011-002, appointing Richard Moore to First Alternate and appointing Rick Woolfollc as Second Alternate to the DCTA Board of Directors. On April 30, 2011, Guy McElroy submitted a letter of resignation as the City of Denton's appointed member to the DCTA Board of Directors. Mr. McElroy's resignation permits, Richard Moore, current First Alternate, the opporhiiuty to replace Mr. McElroy and serve as the City of Denton's appointed member to the DCTA Board of Directors. Mr. McElroy has agreed to continue to serve on behalf of the City of Denton, and has been requested to serve as the City of Denton's First Alternate to the DCTA Board of Directors. The current two-year term for the City of Denton appointee and alternates eYpires on Noveinber 12, 2011. PRIOR ACTION/REVIEW None. FISCAL INFORMATION There will be no fiscal impact. SCHEDULE If approved, the proposed appointments will become effective immediately and continue through November 12, 2011. Agenda Inforination Sheet June 7, 20 11 Page ? EYHIBITS 1. Resolution R ?009-038 2. Resolution R 2011-002 3. Letter of Resignation 4. Resolution Respectfully submitted: d Marlc Nelson Transportation Director EXHIBIT 1 s:\ow• documentslresolutions\091dcta board appt 2009.doc RESOLUTION NO. ~A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPOlNTING ONE MEMBER AND TWO ALTERNATES TO THE BOARD OF DIRECTORS OR EXECUTIVE COMMITTEE OF THE DENTON COUNTY TRANSPORTATION AUTHORITY; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 460.054(b)(1) of the Transportation Code authorizes the governing body of the City of Denton to appoint one member to the Board of Directors or Executive Committee (the "Authority Board") of the Denton County Transportation Authority (the "Authority"); and WHEREAS, pursuant to Resolution No. R2008-028 the City Council of the City of Denton appointed Guy McElroy as the City of Denton representative to the Authority Board and confirnied Mark Nelson as the First Alternate and Howard Martin as the Second Alternate, each for a two-year term; and WHEREAS, the two year term expired on November 12, 2009 and the City Council deems it be in the public interest to appoint a member and two alternates to the Authority Board for a two year term; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this Resolution are incorporated herein by reference. SECTTON 2. Guy McElroy is hereby appointed as a member to the Authority Board and as a representative for the City of Denton, Texas. Mr. McElroy is qualified to serve on the Authority Board as having_ professional experience in the field of transportation, business, government, engineering, or law. ' SECTION 3. The City Manager is hereby authorized to send a certified copy of this Resohition to appropriate officials of the Authority. SECTION 4. All previous resolutions and orders or parts of resolutions or orders in force when the provisions of this Resolution become effective which are inconsistent or in conflict with the terms or provisions contained in this Resolution are hereby repealed to the extent of any such conflict. SECTION approval. - This Resolution shall become effective immediately upon its passage and PASSED AND APPROVED this the 15~_ day of_~&9)w~ , 2009. ~ ' v 1V ~ARK ~B ~ )V"G S; r'4AYOR EXHIBIT 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ~A, I 0~~ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: i 0 . ; ~ Page 2 of 2 c:\documents and settingsljericharldesktopl2 - draft resolution dcta bd altemate appointment jan 2011.doc EX H I B IT 2 RESOLUTION NO. R2011-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPOINTING FIRST AND SECOND ALTERNATES TO THE BOARD OF DIRECTORS OF THE DENTON COUNTY TRANSPORTATION AUTHORITY; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 460.054(b)(1) of the Transportation Code authorizes the governing body of the City of Denton to appoint one member to the Board of Directors (the "Authority Boaxd") of the Denton County Transportation Authority (the "Authority"); and WHEREAS, pursuant to Resolution No. R2009-038 the City Council of the City of Denton appointed Guy McElroy as the City of Denton representative to the Authority Board and appointed Mark Nelson as the First Alternate and Howard Martin as the Second Alternate, each for a two-year tertn; and • WHEREAS, pursuant to Resolution No. R2010-019 the City Council of the City of Denton removed Mark Nelson as the First Alternate and appointed Rick Woolfolk as the First Alternate of the City of Denton; and WHEREAS, the two year term will expire on November 12, 2011 and the City Council deems it be in the public interest to appoint an alternate to the Authority Board for the remainder of the current two year term; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this Resolution are incorporated herein by reference. SECTION 2. Richard Moore is hereby appointed as First Alternate to the Authority Board as a representative for the City of Denton, Texas. Mr. Moore is qualified to serve on the Authority Boaxd as having professional experience in the field of transportation, business, governrnent, engineering, or law. SECTION 3. Rick Woolfollc is hereby appointed as Second Alternate to the Authority Board as a representative for the City of Denton, Texas. Mr. Woolfolk is qualified to serve on the Authority Board as having professional experience in the field of transportation, business, government, engineering or, law. SECTION 4. The City Manager is hereby authorized to send a certified copy of this Resolution to appropriate officials of the Authority. SECTION 5. All previous resolutions and orders or parts of resolutions or orders in force when the provisions of this Resolution become effective which are inconsistent or in conflict with the terms or provisions contained in this Resolution are hereby repealed to the extent of any such conflict. \lcodad\departmentsUegallour documentslresolutions\l lldra$ resolution dcta bd alternate appointment jan 2011.doc EXH I B IT 2 SECTION 6. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of l"~,~1a/m v ~ , 2011. , Vt( M ~RK A`-BUJBA0 HS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ' 1h%, ~ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY , BY: ~ Page 2 of 2 6 - I 4 EXHIBIT 3 Guy L~McElroy 10808 Balentine St. Denton, Texas, 76207 Apri130, 2011 Mayor Mark Burroughs City of Denton Denton, Texas The Honorable Mayor Burroughs, This letter shall serve as my official resignation as the City of Denton's appointment to the Denton County Transportation Authority's Board of Directors,. The effective date will be upon your acceptance of this letter. Mr, Mayor, I have thoroughly enjoyed my three-year tenure to DCTA and am very pleased to have been a small part of its pending completion. I know the future A-Train service will be a great benefit to all of North Texas. Thank you, the Denton City Council, and all of the City of Denton for Ietting me serve. A end of Denton, Gu . McElroy Cc Chairman Charles Emery, DCTA Board of Directors 5: leggaluiu duciunent5 re5ulutiun5 11 re5ulutiun dcta bd altei7iate appuintrnent jiuie 21111duc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPOINTING A MEMBER AND A FIRST ALTERNATE TO THE BOARD OF DIRECTORS OF THE DENTON COUNTY TRANSPORTATION AUTHORITY; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 460.054(b)(1) of the Transportation Code authorizes the governing body of the City of Denton to appoint one meinber to the Board of Directors (the "Authority Board") of the Denton County Transportation Authority (the "Authority"); and WHEREAS, pursuant to Resolution No. R2009-038 the City Council of the City of Denton appointed Guy McElroy as the City of Denton representative to the Authority Board and appointed Mark Nelson as the First Alternate and Howard Martin as the Second Alternate, each for a two-year term; and WHEREAS, pursuant to Resolution No. R?011-0021 the City Council of the City of Denton removed Riclc Woolfollc as the First Alternate and appointed Richard Moore as the First Alternate of the City of Denton and appointed Rick Woolfollc as the Second Alternate; and WHEREAS, Guy McElroy has resigned lus position and the City of Council deems it in the public interest to appoint a meinber to the Authority Board to fill lus uneYpired terin, and; WHEREAS, the two year term will expire on November 12, 2011 and the City Council deems it be in the public interest to appoint representative and an alternate to the Authority Board for the remainder of the current two year term; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preainble of tlus Resolution are incorporated herein by reference. SECTION Richard Moore is hereby appointed as a member to the Authority Board as a representative for the City of Denton, TeYas. Mr. Moore is qualified to serve on the Authority Board as having professional experience in the field of transportation, business, government, engineering, or law. SECTION 3. Guy McElroy is hereby appointed as First Alternate to the Authority Board as a representative for the City of Denton, Texas. Mr. McElroy is qualified to serve on the Authority Board as having professional experience in the field of transportation, business, goveriunent, engineering or law. SECTION 4. The City Manager is hereby authorized to send a certified copy of this Resolution to appropriate officials of the Authority. SECTION 5. All previous resolutions and orders or parts of resolutions or orders in force when the provisions of this Resolution become effective which are inconsistent or in conflict 5: leggaluiu duciunent5 re5ulutiun5 11 re5ulutiun dcta bd altei7iate appuintrnent jiuie 21111duc with the terins or provisions contained in this Resolution are hereby repealed to the extent of any SLiCll CO11fl1Ct. SECTION 6. This Resolution shall become effective immediately upon its passat"e and approval. PASSED AND APPROVED this the day of , 2011. MARIL A. BLJRROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ~ BY: Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE: June 7, 2011 DEPARTMENT: Parlcs atid Recreation ACM: Fred Greene SUBJECT Consider a request for an eYCeption to the Noise Ordinatice for the purpose of performing live jazz inusic at the Sweet Y Cafe, located at 511 Robertson Street, on Friday and Saturday, June 17 and 18, 2011, be~innin~ at 7:30 p.m. and concludin~ at 11:30 p.m. This request is for an extension of hours from 10:00 p.m. to 11:30 p.m. for amplified sound. The amplified sound will remain at the allowable 65 decibels. Staff recommends approval of the request for eYtending the hours of operation for amplified sound to 11:30 p.m. BACKGROUND In 2009, Council approved Raymond Redmon's request to have live jazz music playing outdoors at their restaurant during their grand opeiung. The grand opeiung was such a success they held another outdoor concert in 21010 with eYtended hours that Council approved. They would lilce to hold another outdoor concert on June 17 and 18, 2011 with the same extended hours. They are expecting approxiinately 50-100 people in attendance. RECOMMENDATION Staff recommends approving the noise eYCeption request for eYtended hours from 10:00 p.m. to 11:30 p.m. as in previous years. EXHIBITS 1. Letter of Request 2. Location Map Respectfully submitted: ~~OW,4 Emerson Vorel, Director Parlcs and Recreation Departinent Prepared by: Commuiuty Events Coordinator ! . _ ~ ~ ~ ~.~*C~~CC~:E ` _ . . 1~ ~ ` f ~3ea~~ ~1ayor and Der~ton ~lt~r council rne~tibers, T"hank yc~u ir~ adr~ance fs~r yt~ur sup~~F ~ ~ . ~'~~r~rc~n recir~on ~15 i~s~~~ar~ st. ~~~ton, 3"~~~ 7~~~~ WuVW.SWB~~-V°C~f~.I:UCTi ~.':ll'~~f swee ~ {~~~'~~I~.Cl~l1'I ~011 r~~,iij,'~p,, ~ „ ~~;~i,~,,~,~ i } ,i~~d„~~~~a' I i~ =Ai~i~ I \ ~ ~