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HomeMy WebLinkAboutResolutions R99-001 to R99-066 NO_ £ A RESOLUTION GRANTING APPROVAL TO THE DENTON COUNTY HOUSING FI- NANCE co oP T o FOR USE OF pROCEEDS OF Sm S TIVE DATE ~E~AS, p~su~t to the Tex~ Housing France Co~oratmn Act, Chapter 394, Local Govem~t Code, V T C A (the "Act"), ~e creatmn of ~e Denton Co~ty Housing Fm~ce Co~orat~on (~e "Co~oratmn") was approved by the governing body of Denton Co.W, Texas (the "Co~ty"), to prowde a me~s of tin.crag Se cost of res~dentml ownership ~d develop- ment ~at will prowde decent, safe, ~d s~t~ housing for residents of the Co~ty at prices ~ey c~ afford, ~d ~E~AS, m accordance w~ the Act, ~e Co~orat~on ~s not pe~tted to promde ti- n.crag of home mo~gages for homes which ~e located w~m a m~c~pM~tY w~th more 20,000 ~ab~t~ts as detained by ~e Co~orat~on's roles, resoluttons relating to the ~ssu~ce of bonds, or fin~cmg docments relating to such ~ssu~ce, ~less ~e governing body of the m~c~pM~W approves the apphcatmn of ~e Act to the prope~y located w~thm ~e mummp~W, ~d ~e Bo~d of D~r~tors of ~e Co~oratton has requested the approval of the ~E~AS, , "C~ ") to provtde tin.crag for home mon- ,--~-. ~r ~e C~W of Denton, Texas (the _ ? _ ~ ~{ ,he Co~oratmn's proposed govemlBg ouuy ~ ~ages fdr homes within ~e ~lty Series 1998 Single Fmdy Mo~gage Revenue Bonds (the "Bonds"), NOW, THE~FO~, THE CO~CIL OF THE CITY OF DENTON HE.BY ~SOLVES ~ That the prembles to th~s resolutaon ~e hereby adopted m their entirety ~d ~nco~orated hereto as ~ough set fo~ m ~11 hereto ~ That ~e governing body of the C~ty hereby approves the apphcat~on of the Act to ,~e prope~y w~thm the Ctty ~d grits ~ts approval to the Co~oratton for the use of pro- ceeds of the bonds to fin~ce home moggages for single famdy homes locmed w~thm ~e C~ty ~ That, tn accord~ce w~ ~394 055 of the Act, these Bonds ~e hm~ted obhgat~ons of ~e Co~orat~on md ~e payable solely ~om ~e revenue, recetpts, md other re- so~c~s pledged to ~e~r pa~ent The C~ty of Denton, Texas ~s not hable m ~y way reg~dtng these bonds Ne~er these bonds nor any a~eement or obhgat~on of the Co~orat~on shall con- statute ~ a~e~ent, obhgat~on, or debt of ~e C~ty of Denton, md ~e C~ty of Denton shall have no habfl~ty for ~e pa~ent of the bonds, nor shall ~Y of ~ts ~sets be pledged to ~e payment of ~e b6nds ~ That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ~'-~--~ day of~~.~, 19. ~ JACK ~[4ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY BY Page 2 RESOLUTION NO ff~ - ~7~,~ A RESOLUTION OF THE CITY OF DENTON RELINQUISHING APPROXIMATELY 36 ACRES OF LAND WITHIN ITS EXTRATERRITORIAL JURISDICTION (ETJ) TO THE TOWN OF BARTONVILLE SO THAT BARTONVILLE MAY INSTITUTE ANNEXATION PROCEEDINGS WITH RESPECT TO SUCH AREA, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Seclaon 43 021 of the Texas Local Government Code, home role cities are authorized to fix their boundaries and exchange areas with other municipalities, and WHEREAS, pursuant to Section 42 023 of the Texas Local Government Code, the ETJ of a mumclpallty may not be reduced unless the governing body gives its written consent by ordinance or resolution, and WHEREAS, the Zena Development Corporation has petitioned the Town of Bartonvllle for annexation of approximately 36 acres of land into the Town of Bartonvalle, and WHEREAS, the Town of Bartonwlle and the C~ty of Argyle are agreeable to the annexation of the subject property by the Town of Bartonvflle upon 1ts release from the C~ty of Denton ETJ, and WHEREAS, the subject property is beyond the current and projected servme delivery area for C~ty of Denton mtmlclpal services, and WHEREAS, the City of Denton is agreeable to releasing approxxmately 36 acres of land located m ~ts ETJ to the Town of Bartonwlle in considerat~on of secunng assurances from the Town of Bartonvflle that 1 No access should be made from the proposed Zena Development to Stonebndge Road, and 2 The residents of the ETJ should receive some assurance that the plat that was presented by Zena Development represents what will be built, and that they should be notified and consulted if any changes are proposed, and WHEREAS, the annexation of the subject property by the Town of Bartonwlle will promote orderly development an the area and protect the general health, safety, and welfare of persons residing m and adjacent to the mumclpalmes, and WHEREAS, in order to delineate and fix such boundaries, a release of ETJ is necessary on the part of the City of Denton so that the Town of Bartonwlle may Institute annexation proceedings for the subJeCt property, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the recitals as stated above are hereby found and determined to be tree and correct SECTION II That the City of Denton hereby releases and rehnqmshes ~n favor of the Town of Bartonvflle approximately 36 acres w~thm its ETJ located and described more fully in Exhibits A and B attached hereto and made a part hereof for all proposes so that said area shall be within the ETJ of the Town of Bartonvflle and that the Town of Bartonwlle may ~nstltute annexation proceedings with respect to smd area SECTION III and approval PASSES AND APPROVED tins the That this resolution shall become effective immediately upon its passage ,~'-f-~-~ dayof ~ 1999 JACK~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERB PROUTY, CITY ATTORNEY EXHIBIT "A" WF~ CI-I ENOI~ ~--;-~.II~G, INC. INC. por~;ofl of th~rt tra~t o1' Iofld ooflve~l~l to Today Saddlebraok Eetatee LP according to the deed re~ard~d SHEET I OF I EXHIBIT B MAP OF SUBJECT PROPERTY ~] ,I ii 18. A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE DENTON PLAN GROWTH MANAGEMENT STRATEGY AS A MAJOR COMPONENT OF THE CITY OF DENTON COMPREHENSIVE PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the C~ty Councal of the C~ty of Denton anatmted the Denton Plan process ~n July 1997, and WHEREAS, the Denton Plan process contains sequentml components ~ntended to lead to the completaon of the Comprehensave Plan, mcludmg the Inventory of Exastmg Data, Demographic and Land Use Demand Forecasts, a Commumty Vasaon Statement, Planmng Pohcaes, Altematave Development Scenarios, and Growth Management Pnnc~ples, and WHEREAS, the C~ty Council adopted a Commtmaty Vasaon Statement and Planmng Pohctes on Aprd 7th, 1998, and WHEREAS, the Inventory of Ex~st~ng Data ~s consademd an ongoing process, Demographic and Land Use Demand Forecasts have been completed, and Alternatave Development Scenaraos have been pubhcly reviewed and debated, and WHEREAS, the Caty Councd has determined that a clearly artaculated Growth Management Strategy is essentml to the development of the Compmhensave Plan, and WT-IEREAS, the Growth Management Strategy has been remewed, debated, and revased dunng numerous pubhc meetings, workshops, and pubhc heanngs, and WHEREAS, the C~ty of Denton Planmng and Zomng Commission conducted two pubhc heanngs to hear Cltazen comments regardang the Growth Management Strategy, and on January 13th, 1999 recommended approval of the Growth Management Strategy to the Caty Cotmcfl, and WHEREAS, the Caty of Denton C~ty Cotmcd conducted two pubhc heanngs to hear mtlzen comments regarding the Growth Management Strategy, and has conducted several work sessaons to mvaew and revise the Growth Management Strategy, at as the ~ntent of the Caty Councd to adopt the Growth Management Strategy as a major component of the Comprehensive Plan, subject to further revision during the Comprehensive Plan rewew and adoption process, NOW THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES Section I. The Growth Management Strategy, attached hereto as Exhibit A, is adopted as a pohcy gmdanee document for planning and land development decision-making purposes Section II. The Growth Management Strategy is hereby consxdered an ~ntenm pohcy gmdance document needed for the development of the C~ty of Denton Comprehensive Plan, and may be amended as necessary dunng incorporation into the Comprehensxve Plan as adopted by the C~ty Cotmcfl Section III This resolution will take effect ~mmedmtely upon adoption PASSED AND APPROVED this the ,/q~ day of LA~Z~~ 1999 JACK~ - ' APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2 Exhibit A Growth Management Plan Fnture RestdentlaI-Low Deasity R~sldentlal Ftttute Restdenttal- Neighborhood Centers Extstmg Residential Pattern Multi-Family Residential Commercial Office / Mbced Use lndnstrlal Light lndnstrlal lnstltatlonal Parks / Open Space Floodplain~Greenbelt ~ Agrlctdtural THE DENTON PLAN  DENTON, TEXAS Clty of Denton DECE~[I~LR t998 ~Projected Population by Sub-Area Map Ama 11 Ar~a 14 THE 2 PLAN Growth Management Plan Assumptions Based upon the preferences expressed by the c~t~zens of Denton at commumty meetings and at the commumty workshop held to present the Draft Growth Management Plan, the following Growth Management Plan ~s presented as a preferred alternative for future growth ~n Denton The plan combines many of the concepts from the alternative development scenarios that received favorable responses at the commumty meetings, ~nclud~ng the development of "neighborhood centers", "urban centers", and a strong ~ndustr~al d~str~ct w~th~n the C~ty, wh~le encouraging the restoration, redevelopment and inflll of parcels ,n the downtown area and adjacent to the Umvers~ty of North Texas, and Texas Woman's Umvers~ty Basic Assumptions The following are the basic assumptions of the Growth Management Plan 1 The Planmng Honzon ~s for the year 2020 2 The estimated populahon ~n the year 2020 will be 213,000 for the entire study area, which includes the C~ty of Denton and ~ts anticipated 5-m~le extraterritorial lurisd~cbon (ET J) 3 The population of the City of Denton m the year 2020 w~ll be 191,910, w~th an additional 45 square miles of ETJ expected to receive urban serwces and be considered for annexation 4 The City ~ntends to accommodate the additional populabon that the market d~ctates 5 The m~x of Residential, and Commercial land uses w~ll be approximately the same as currently exists, Industrial land uses w~ll be H~gher, and Insbtuhonal uses w~ll be lower 6 W~thm Residential Land Uses, the percentage of Multi-Family to S~ngle Family uses w~ll be less than exists today 7 The Zoning Mix ~n 2020 may or may not be the same as currently exists 8 Denton will continue to encourage a range in housing types and densities in order to respond to the needs and desires of ~ts' residents 9 Average residential dens~bes will be the same as exist today 10 There w~ll continue to be an average of 2 8 people per SF remdenbal umt and 1 8 people per multi-family umt 11 The averaoe, c~tyw~de, S~ngle Family lot size w~ll continue to be 10,000 SF, which corresponds to a density of 3 units per acre The S~ngle Family res~denbal dens~ty ~n Neighborhood Centers will average 4 umts per acre 12 The average density for Mult~ Fam~ty development w~ll continue to be 14 umts per acre, which corresponds to ex~sbng development patterns * 13 The minimum lot s~ze for SF Low Dens~ty development will be 2 acres, or more if reqmred to support a septic system 14 Based upon the antic~pated quanbt~es and locations of future population, and the c~ty's ex~stmg land use m~x, the c~ty w~ll need to accommodate approximately 15,000 additional acres of s~ngle family development, and 1200 add~honal acres of Mulb-Fam~ly development 15 Based upon the additional residential development and the ex,sting land use m~x, the C~ty w~ll need to accommodate approximately 3000 acres of ~ndustnal development, 3200 acres of commem~al development, and 2700 acres of insbtut~onal development 16 The plan encourages refill development, restoration and redevelopment w~thln the ex~st~ng Center C~ty and surrounding the umversltles ~ Whtlemany developersaretodayrequestmgh~gher dens~tres than 14 umts per acre t'or apartment development, the GMS recommends a lower average density mtywlde due to recomreendatrens to accommodate lower density mult~-famdy uses such as townhomes 3 The following tables indicate the Forecasted Population, Dwelling Umts, and Res~denbal Land Use by sub.area Table 1 Denton Planning Area Growth Management Strategy Forecasts of Additional Population and Dwelling Units By Sub-Area 1998 - 2020 Sub- 1998 2020 Change in Single- Multi- S;ngle- Multi- Low Area Populatio Populabo Populatio Family Family Family Family Density n n n Populatio Populat~o Dwelhng Dwelling Dwelhng n n Umts Un.ts Umts 1 61 2,780 2,719 2,719 1,505 2A 566 2.564 1,998 1,998 1,110 2B 229 2,436 2,207 2,207 788 3A 21,209 33,937 12,728 6,631 6,097 2,368 3,387 3B 275 2,063 1,788 1,788 639 4A 12,448 20,129 7,681 4,246 3,435 1,516 1.908 4B 374 871 497 497 178 5 28,044 37,500 9,456 5,484 3,972 1,959 2,207 6 12,381 32,500 20,119 11.669 8,450 4,168 4,694 7 1,120! 10,000 8,880 8.880 3,171 8A 177 10.000 9,823 9.823 4,912 8B 287 4,500 4,213 4,213 1,505 9 214 1,000 786 786 281 10 2,581 6,000 3,419 3,419 1,221 11 1,080 4,000 2,920 2,902 1,043 12 90 125 35 35 13 14 3,746 14,000 10,254 5,947 4.307 2,124 2,393 15 468 28.500 28.032 28,032 10,011 TOTAL 85,350 212,905 127,555 94,370 33,185 30,220 18,430 5,668 74% 26% 56% 34% 10% URBAN 80,220 191,910 111,690 94% 90% 88% RURAL 5,130 20,995 15,865 6% 10% 12% Urbamzmg 1, 2A, 3A. 4A, 5, 6, 7, 8A, 14, 15 Rural 2B, 3B. 4B, 8B, 9, 10, 11, 12 Footnote Several sub-areas have been split into A and B categones for the purpose of understanding which sectors of the City may be included within the C~ty's related Growth Management Strategy's future annexation plans 4 Table 2 Denton Planning Area Growth Management Strategy Forecasts of Additional Residential Land Use By Sub.Area 1998 - 2020 Sub- Single-Family Multi-Family Low Density Single Family Multi- Low DensRy Area Dwelhng Dwelling Dwelling Land Use Famoly Land Use Units Units Units (Acres) Land Use (Acres) (Acres) 1 1,505 108 2A 1,110 80 2B 788 1,576 3A 2,368 3,387 -~ 592 242 3B 639 1,278 4A 1,516 1,908 379 137 4B 178 356 5 1,959 2,207 490 158 6 4,168 4,694 1,042 336 7 3,171 793 8A 4,912 1,228 8B 1,505 3,010 9 281 562 10 1,221 2,442 11 1,043 2,086 12 13 26 14 2,124 2,393 531 171 15 10,011 2503 TOTAL 30,220 18,430 5,668 7,558 1,232 11,336 56%~ 34% 10% 38% 6% 56% Urbanizing Rural 1, 2A, 3A, 4A, 5, 6, 7, 8A, 14, 15 2B, 3B, 4B, 8B, 9, 10, 11, 12 Footnote Several sub-areas have been split into A and B categones for the purpose of understanding whmh sectors of the City may be Included within the City's related Growth Management Strategy's future annexabon plans Growth Management Strategy Quahty Quahty of growth will be strongly managed Quantlty Quanbty of growth will be managed through Adequate Pubhc Facilities requirements and proactive planned extensions of services Location Location of growth will be strongly managed as ~nd~cated on the Growth Management Strategy Plan Timing T~m~ng of growth will be strongly managed through tools such as Adequate Public Facilities requirements and the Capital Improvements Program Spectflc Aspects of the GMS Plan 1 Anhcipat;ng and allowing growth along the southern borders of the C;ty of Denton, provided development pays its' own way, except ;n cases where the C;ty w;shes to prowde ~ncent~ves to encourage it's des~rad urban form or corridors 2 Adopting an aggressive annexation pohcy ;n order to manage the dens~ty and quality of growth w~thin currant ETJ land, and to maintain the ex~st~ng CCN 3 Using infrastructure master plans to develop expectahons of adequate levels of publ;c services In areas where water and sewer services are prowded, moderate density development can be accommodated In areas where services are not available, Iow- density development w~ll be necessary, using sept;c systems and wells 4 S;ngte family Low-Density ras~dent;al uses will be allowed to develop m areas outside of the Urbamz~ng Areas The s~ze of the lots in those areas w~ll be based upon the area required to support a septic system, and will vary based upon each Iocabon's so~ls The remalmng land w~thin those areas would remain as agncultural uses 5 W~thin the Urban and Urbanizing Areas, higher density residenbal patterns would be allowed to occur 6 These areas could be developed as "Neighborhood Centers" that are developed ;n an ~nwardly onented manner with a focus upon the center of the neighborhood These developments would be established ~n a manner that locates the center of the neighborhood w~th~n a 5 to 10 minute walk;ng distance from the edge of the neighborhood The center would contain uses necessary to support the surrounding neighborhood ~ncluding rata~l uses such as convemence grocery, barbers, or small profess;onat offices, h~gher density residential uses such as townhomes, park uses ~nclud~ng central neighborhood "greens" and ~nstitut~onal uses such as fire stations, schools, I~braries and transit nodes The m~x of uses identified to support each neighborhood may be developed ~n a vertical manner w~th shops on the ground floor and offices or residences on the upper floors 7 Future residential development w~th~n established res~denhal areas would be developed in a manner that responds to the ex~st~ng res~denbal development w~th compabble land uses and patterns The plan recommends that ex~stmg neighborhoods w~th~n the C.ty be protected and preserved 6 8 The center of the ~nflll development would be in the downtown d~stnct where preservation, restorebon, redevelopment and ~nflll would be the focus Also, ~t ~s recommended that the C~ty consider creating "Umvers~ty D~stncts" at UNT and TWU These d~strmts would focus on developing compatible, supporting land uses adjacent to the umvers~bes 9 Multi-family residential development w~ll be accommodated ~n the plan ~n a variety of forms Many of the detenorabng apartments adjacent to the umvers~bes could be renovated or redeveloped as new student housing m order to better support the needs of UNT and TWU Add~bonally, other types of mulb-fam~ly development should be considered w~th~n the C~ty such as townhomes It ~s recommended that mulb-fam~ly development be located ~n areas that provide transitions between lower and h~gher ~ntenslty uses, and m a manner that w~ll not negabvely ~mpact surrounding uses Additionally, mulb-fam~ly uses should be located in small groupings around the c~ty m a manner that prowdes a m~x of uses and denslbes, rather than concentrabng all mulh-fam~ly uses in one area which can have negative ~mpacts upon the C~ty 10 Future commem~al uses are accommodated m the plan at key nodes throughout the C~ty The plan recommends that commem~al uses not be located conbnuously along corridors ~n a "Stnp" manner 11 Bus~ness would be accommodated ~n the plan ~n several areas At the ~ntersect~on of Loop 288 and IH 35, the plan calls for an urban center Th~s center would be a m~xed-use center conta~mng office, retail, and h~gh-dens~ty res~denbal uses Th~s center could also ~nclude some research or technologmal uses that would be compabble w~th the acbv~bes at the umvers~t~es A second urban center south of the mtersecbon of Loop 288 and IH 35E could contain medically related offices w~th a m~x of suppod~ng uses A third urban canter on the south s~de of town would be located at the C~ty's ETJ along IH 35 west Th~s center would probably develop after the first two urban centers and could support general office uses or acbwties supporting Alhance A~rport 12 In order to support the proposed urban centers, and to prowde additional support for the Umvers~bes, the plan proposes that the C~ty consider extending the ex~stmg runway at the airport to 7500 feet m length in order to accommodate business jets W~th th~s expansion, ~t ~s proposed that the areas ~mmed~ately adjacent to the a~rport be reserved for ~ndustnal uses Industnal uses are typically very compabble w~th airports due to no~se restrictions Uses within th~s area could ~nclude hght manufactunng uses, d~stnbubon centers, or any other ~ndustnal uses that are compatible w~th the C~ty's pohc~es regarding environmental quahty Add~bonally, ex~sbng floodplains m this area could prowde a very effecbve visual buffer between mdustnal uses and other surrounding uses 13 Wh~le the plan does not specifically ~denbfy Iocabons for future parks and msbtutlonal uses such as parks and schools, ~t is recommended that these uses be located as reqmred to adequately support future res~denbai development Add~bonally, ~t ~s recommended that these uses be located m a manner that encourages commumty braiding w~th~n neighborhoods The layout of neighborhoods should be in a manner that prowdes focus upon these fac~l~bes, w~th strong pedestnan links to these fac~hbes from the surrounding neighborhood, and w~th hnks to the City's regional pedestnan and transportabon systems 14 In all areas, the plan recommends preserving the 100-year floodplain ~n order to prowde adequate drainage systems, preserve wlldhfe habitats, for passive recreational uses, for the development of tra~ls systems, and for prowd~ng buffers between mcompabble land uses 15 The plan recommends further evaluation of the value and function of the natural enwmnment w~th~n the study area to ~dent~fy areas w~th umque ecological s~gmhcance for conslderat~on on a more s~te-spec~flc bas~s m the Comprehensive Plan 16 The plan recommends that the C~ty's Urban Design objectives be considered on a more s~te- specific bas~s ~n the Comprehensive Plan 7 Growth Management Strategy Glossary Growth Management Strategy - The map and accompanying tools and techmques recommended for achieving the community's growth management obJectives 2 Comprehensive Plan - A document, often defined by a comb~nabon of maps and pohc~es, that define the commumty's goals and pohcles for guiding the location, amount, character and quahty of desired development 3 Small Area and Corndor Planmng - Planmng consistent w~th the commumty's Comprehensive Plan but prowding greater detail regarding the types and quaht~es of allowable development 4 Capital Improvement Program (CIP) - A program that forecasts ~nfrastructure ~mprovements to the C~ty using a set t~mehne and financing methodology 5 Master Plans for Infrastructure - Outhnes the future Iocabons and capacity rrequ~rements of essential pubhc faclhtles such as water mains, sewer mains, streets, and wastewater treatment plants 6 Adequate Pubhc Fac~ht~es Pohc~es - Pohc~es that rrequ~re new development to demonstrate that fac~hbes and servmes w~ll be available to serve the project at the t~me that ~t comes on hne These pohcies attempt to balance the t~m~ng and amount of development w~th the capacity or w~lhngness of a community to accommodate ~t The purpose ~s to coordinate the development-perm~tbng process with the prows~on of capital fac~ht~es They are adm~mstered on a project by project bas~s based on a level-of-service standard for each type of fac~hty 7 Ut~hty Participation Pohc~es - The contnbut~on by the C~ty towards the capital costs of providing ~nfrastructure such as water, wastewatar and streets 8 Impact Fees - A fee assessed to persons developing property to cover their pro rata share of the costs of providing necessary public fac~ht~es to service development 9 Annexation Pohc~es - Pohc~es determ~mng when and under what c~rcumstances the C~ty w~ll consider annexation 10 Incentives - Actions taken by the C~ty that encourage or leverage desired development act~wty Incentives can take several fonms Zomng incentives can be used to encourage h~gher dens~bes and the inflll of ex~sbng urban areas, or to achieve certain quahty of hfe enhancements F~nanc~al assistance ~ncent~ves can be used to leverage pnvate development act~wty that achieves a community objective, such as affordable housing 11 12 Zomng Ordinance and Zomng Map, Subdivision Regulabens and the S~te Plan Review Process - Regulatory tools and actions undertaken by the City to guide the Iocabon, amount, use and quahty of development Inter-local Agreements - Agreements executed w~th other governing bodms to address areas of mutual concern or ~nterest 12 A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH CITY OF CORINTH TO MUTUALLY DISANNEX AND THEN PROCEED TO ANNEX CERTAIN PROPERTY ALONG THE JOINT DENTON AND CORINTH CITY BOUNDARY WHEREAS, pursuant to Section 43 021 of the Texas Local Government Code, home rule c~t~es are authorized to fix their boundaries and exchange areas with other mumcipahtles, and WHEREAS, the developers of Oakmont Estates would hke to adjust the boundary between the City of Denton and the City of Corinth ~n order to prevent the sphttmg of lots within their development between the two cities, and WHEREAS, City of Denton also believe the adjustment of the boundary will improve the dehvery of services to the citizens in tins area, and WHEREAS, the change ~n boundaries must be faclhtated by the release of certain property by both the City of Corinth and the City of Denton and then annexing the property released by the other city, and WHEREAS, the City of Denton and City of Connth will formahze the actions needed to be taken through a Memorandum of Agreement, and WHEREAS, the change of boundary will promote orderly development in the area and protect the general health, safety, and welfare of persons resl&ng m and adjacent to the municipalities, NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES, SECTION I That the recitals as stated above are hereby found and determined to be tree and correct SECTION II. That the Mayor is hereby authorized to sign a Memorandum of Agreement with the City of Corinth substantmlly in the form as set out in Exhibit A, setting out the acts to be performed in order to accommodate the change m boundaries between the two cities SECTION III That tins resolution shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED thls the /~f~ dayof~/~ ,1999 JAC~,LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERB PROUTY, CITY ATTORNEY STATE OF TEXAS s s s COUNTY OF DENTON MEMORANDUM OF AGREEMENT This Memorandum of Agreement ("Agreement") is entered into as of the 4th day of February, 1999, between the City of Denton, Texas ("Denton"), a Texas home rule municipality and the City of Corinth, Texas ("Corinth"), a city organized under the general laws of the State of Texas, and is to witness the following: WHEREAS, Denton and Corinth are adjacent municipalities which desire to make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width; and WHEREAS, it appears that the existing city limits lines between Denton and Corinth bisect a number of residential lots in a subdivision of Denton County known as Oakmont II; and WHEREAS, it is the desire of Denton and Corinth to disannex and annex the tracts described herein to establish a joint city limits line between the two cities that would not split any lots in the Oakmont II subdivision and would basically run along property lines as shown by the maps attached hereto as an exhibit; and WHEREAS, the owner of Oakmont II has expressed its intent to the governing bodies of both cities that such needed adjustment would be beneficial to the development of the subdivision and generally to the economic well-being of both cities; and WHEREAS, both Denton and Corinth deem such agreement to be beneficial to the public interest and to enhance the future growth and development of both cities; Now, Therefore, In consideration of the premises and of the agreements contained herein, Denton and Corinth agree as follows: 1. DISANNEXATION AND RELEASE OF EXTRATERRITORIAL JURISDICTION 1.01 Denton agrees that it will disannex and waive extraterritorial jurisdiction over the 2.107 acre tract of land described in Exhibit "A", attached hereto and made part hereof for all purposes, in the manner provided by Chapter 43 of the Texas Local Government Code and the Denton City Charter. Page 1 19355 1 02 Connth agrees that tt will d~sannex and watxe extraterritorial jurlsd~ctton over tracts of 1 469 acres and 0 83 acres respecttvely, described tn Exhtbtts 'B" and C"~ attached hereto and made part hereof for all purposes, tn the manner provtded by Chapter 43 of the Texas Local Government Code 1 03, Upon the dtsannexat~on and waiver of extraterritorial Jurisdiction by Denton and Corinth as provtded tn Secttons 1 01 and 1 02 above, the boundartes of Denton and Corinth shall be adjusted accordingly, subject to the annexatton acuons by each contemplated in Secnon II 1I ANNEXATIONS Connth agrees that tt will proceed tn the manner authorized by law to annex the property described tn Exhtbtt "A" Denton agrees that tt will proceed tn the manner provtded by law to annex the property descrtbed tn Exhtbtts "B" and "C" The parttes understand and agree that the ex~stmg c~ty hnnts and the proposed ctty hmlts are fatrly and accurately depicted on the annexatton exhtbtt prepared by USA Professtonal Servtces Group, Inc, dated May, 1998, attached hereto as Exh~btt "D" and made part hereof for all purposes III ZONING AND PLATS Both tales recogmze that all property that ts subject to thts Agreement may carry temporary zomng classfficat~ons under the apphcable ordtnance and be subject to the platting reqmrements of the ctty whmh will annex such property The parttes understand that the Oakmont subdtvtston ts bastcally the same tn both ctttes and the appropriate zomng and platting reqmrements should not change the current status of the development IV CHARACTER OF AGREEMENT, BREACH The part,es agree that th~s Agreement ts entered ~nto only for the d~sannexauon and annexation of the tracts described herem and ts not an lnterlocal cooperatton agreement for the joint performance of any servtces by the parttes Failure of etther Ctty to perform the terms of flus Agreement shall constitute a breach hereof, and the aggrieved Ctty may file stat ~n a court of competent of jurisdiction to enforce the provisions of th~s Agreement, mclu&ng recovery of court costs and attorney's fees Page 2 V. PERFORMANCE The parties agree that the legislative acts to be performed hereunder will be coordinated between them so as to be performed simultaneously or as close thereto as possible, consistent with applicable law. VI. SEVERABILITY If any provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining provisions of this Agreement shall not be affected and shall remain in full force and effect. In witness whereof, Denton and Corinth, acting under the authority of their respective governing bodies, have caused this Agreement to be executed in duplicate originals as of the date first written above. CITY OF DENTON, TEXAS CITY OF CORlNTH, TEXAS llY ~ BY~W' 7~' VYu ~7 A TEST: ATTEST: ~~ ~L- CITY SECRETARY APPROVED AS TO FORM: ~'j: (~LL n~ CITY ATTORNEY, t"\<." P.o~\-..J (rld/sb 11-17-98) CITY ATTORNEY Page 3 19355 Exhibit "A" DEANNEXATION FROM THE CITY OF DENTON, TEXAS 91,797 Square Feet or 2 107 Acres May, 1998 BEING a tract or parcel of land mtuated ~n the Stephen Hembne Survey, Abstract Number 643, ~n the City of Denton, Denton County, Texas, and being part of a tract of land conveyed to Lennox Oaks II, L P by Deed recorded in the Real Property Records of Denton County, Texas, Denton County Clerk's File Number _ , and being more particularly descnbed as follows COMMENCING at a point at the mtersecbon of the East line of State School Road (a 60 foot wide nght-of-way) w~th the South hne of H~dden Oaks (a 75 foot wide nght-of-way), sa~d point also being the Northwest comer of Lot 20, Block 12 of Oakmont Estates - Sechon One as recorded in Cabinet F, Page 38 of the Map Records of Denton County, Texas, THENCE South 15°44'00.' East along the East line of sa~d State School Road, a d~stance of 144 28 feet to a point for corner, THENCE South 74°16'00'' West departing the East hne of said State School Road, a distance of 344 00 feet to the POINT OF BEGINNING, THENCE North 15°44'00" West a distance of 725 15 feet to a point for corner, THENCE North 87°01'55" East a distance of 119 97 feet to a point for comer, THENCE North 59°31 '13" East a d~stance of 61 43 feet to a point for corner, THENCE North 74°16'00" East a d~stance of 82 70 feet to a point for corner, THENCE South 04°12'20" West a d~stance of 759 83 feet to the POINT OF BEGINNING and containing 91,797 square feet or 2 107 acres of land, more or less Exhibit "B" ANNEXATION TO THE CITY OF DENTON, TEXAS 64,006 Square Feet or 1.469 Acres May, 1998 BEING a tract or parcel of land s~tuated ~n the Lew Young Survey, Abstract Number 1451, m the C~ty of Denton, Denton County, Texas, and being part of a tract of land conveyed to Lennox Oaks II, L P by Deed recorded m the Real Property Records of Denton County, Texas, Denton County Clerk's F~le Number. , and being more particularly descnbed as follows COMMENCING at a point at the intersection of the East hne of State School Road (a 60 foot w~de nght-of-way) wRh the South I~ne of H~dden Oaks (a 75 foot ~de nght-of-way), sa~d point also being the Northwest corner of Lot 20, Block 12 of Oakmont Estates - Section One as recorded in Cabinet F, Pacje 38 of the Map Records of Denton County, Texas, THENCE South 15°44'00'' East along the East I~ne of said State School Road, a d~stance of 144 28 feet to a point for corner, THENCE South 74°16'00" West departing the East hne of sa~d State School Road, a d~stance of 344 00 feet to the POINT OF BEGINNING, THENCE South 15°44'00" East a d~stance of 387 85 feet to a point for corner, THENCE South 38°24'50" East a distance of 84 72 feet to a point for corner, THENCE South 08°29'39" East a d~stance of 57 69 feet to a point for corner, THENCE South 51°35'10" West a d~stance of 274 93 feet to a point for corner, THENCE North 04°12'20" East a d~stance of 669 38 feet to the POINT OF BEGINNING and containing 64,006 square feet or 1 469 acres of land, more or less Exhibit 'C" ANNEXATION TO THE CITY OF DENTON, TEXAS 3,618 Square Feet or 083 Acres May, 1998 BEING a tract or parcel of land situated ~n the Lew Young Survey, Abstract Number 1451, ~n the C~ty of Denton, Denton County, Texas, and being part of a tract of land conveyed to Lennox Oaks II, L P by Deed recorded m the Real Property Records of Denton County, Texas, Denton County Clerk's F~le Number. , and being more particularly descnbed as follows COMMENCING at a point at the ~ntersecbon of the East hne of State School Road (a 60 foot w~de right-of-way) w~th the South hne of H~dden Oaks (a 75 foot w~de nght-of-way), sa~d point also being the Northwest comer of Lot 20, Block 12 of Oakmont Estates - Section One as recorded ~n Cabinet F, Page 38 of the Map Records of Denton County, Texas, THENCE South 74°16'00" West a d~stance of 60 00 feet to a point for corner in the West line of said State School Road, THENCE North 15°44'00'' West along the West hne of sa~d State School Road, a d~stance of 150 06 feet to a point for corner, THENCE North 11°47'00'' West conhnu~ng along the West line of sa~d State Road, a distance of 345 77 feet to the POINT OF BEGINNING, THENCE South 74016'00'' West departing the West line of sa~d State School Road, a dmtance of 48 70 feet to a point for corner, THENCE North 04o12'20" East a d~stance of 121 30 feet to a point for comer, THENCE North 87°01'55" East a d~stance of 15 36 feet to a point for corner the West hne of sa~d State School Road, THENCE South 11°47'00'' East along the West hne of sa~d State School Road, a d~stance of 11090 feet to the POINT OF BEGINNING and containing 3,618 square feet or 0 083 acres of land, more or less Exhzbit D LOCATION MAP Exchange of Land w~th Corinth SITE Current C~ty Boundary Next Document RESOLUTION NO /e.. qq- C)C)(O A RESOLUTION APPROVING THE EXPENDITURE OF PREVIOUSLY BUDGETED AND DISBURSED HOTEL TAX FUNDS BY THE DENTON CHAMBER OF COMMERCE CONVENTION AND VISITORS BUREAU, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Tex TAX CODE §351 101(a) authorizes the City of Denton, Texas to use revenue from its mummpal hotel occupancy tax to promote tourism and the convenUon and hotel industry by advertising and conducting sohmtattons and promotional programs to attract tourists and convention delegates or registrants to the mummpallty or ars vlmmty, as well as to engage an bastoncal restoration and preservation projects and acUvlUes and advertising and conducting sohcltatlons and promotmnal programs to encourage tounsts and conventaon delegates to visit preserved lustonc s~tes and museums, and WHEREAS, the Denton Chamber of Commerce Convention and Visitors Bureau is a current and prior recipient of such funds, pursuant to delegaUon contracts authorized by TEx T^x CODS §351 101(c), and WHEREAS, a recent aucht of the act~wttes engaged m by Hotel Occupancy Tax recipients pursuant to such contracts revealed that surplus funds accumulated and not expended m prior years by the Denton Chamber of Commerce Convention and Visitors Bureau were not returned, and that some of the accumulated surplus was expended m FY96-97 for goods and services not budgeted and approved in that fiscal year, but WHEREAS, the audit report also found that smd unauthorized expenditures nonetheless fully comphed with the requirements of Chapter 351 of the Texas Tax Code, and that all remmmng unexpended surplus has been returned to the City, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I That the FY96-97 expenditure of previously budgeted and disbursed surplus Hotel Occupancy Tax funds by the Denton Chamber of Commerce Convention and Visitors Bureau m the amount of $12,125 is hereby approved retroactively, based upon the findings referenced m the recitals set forth above SECTION II That this ordinance shall become effective immediately upon its passage and approval APPROVED AND ADOPTED this, the~/E~t day of ~~//.~P- , 1999 JACK MILLIh~,~IgIAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUT¥~ CITY ATTORNEY PAGE 2 RESOLUTION NO q q - 0 o'7 A RESOLUTION ACCEPTING THE RESIGNATION OF BOB COPLEN, AND APPOINT- ING HOWARD MARTIN AS THE CITY'S REPRESENTATIVE TO SERVE AS A MEMBER OF THE BOARD OF DIRECTORS OF THE UPPER TRINITY REGIONAL WATER DIS- TRICT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Bob Coplen, who currently serves as the appmnted Caty of Denton repre- sentative as a member on the Board of Darectors of the Upper Tnmty Regaonal Water Dastnct ("UTRWD") has recently resigned his posation, and WHEREAS, the Caty of Denton washes to appoant as its representative to the UTRWD Board of Darectors a cmzen who is closely associated wath the day-to-day activmes of the water, wastewater, envaronmental, developmental, planmng, and governmental aspects of the Caty, as well as bemg famthar with the important assues facing the Caty, and WHEREAS, the Caty of Denton washes to appoint Howard Martin, who also currently serves as the Caty's Assastant City Manager for Utihties, as the desagnated City of Denton repre- sentative, to serve as a member of the UTRWD Board of Dareetors, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the resagnatlon of Bob Coplen as the Caty of Denton's representative serving as a member of the UTRWD Board of Darectors, as hereby accepted, wath the gratitude of the Caty Council expressed hereby for his sustmned unselfish community servace provided to the C~ty of Denton, Texas SI3CTION II That Howard Martin as hereby appmnted as the Caty of Denton's repre- sentative, to serve as a member of the UTRWD Board of Directors SECTION III That the Caty Manager, or his designee, lS hereby directed to transmit a true and correct copy of this resolution to appropnate officials of the UTRWD ~ That flus resolution shall become effective ammedmtely upon its passage and approval PASSED AND APPROVED this the/ff-~~1-'~ day of ~YqZZt~/Z~. , 1999 JACk, fiLLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY RESOLUTION NO ~q -- OOJ;; A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the C~ty of Denton, Texas wishes to nominate members to the Appraisal Rewew Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION I That the C~ty of Denton, Texas hereby nom~nates~,,~mt~a ~t~ f , ,, , and ~tS' members tfi the Apprmsal Review Board of the Denton Central Apprmsal D~stnct SECTION II That this resolution shall become effective lmme&ately upon ~ts passage and approval PASSED AND APPROVED thru the ~/'~ day of~:~f~/,C~ ,~ 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APFI~OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Next Document A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION OF THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING FUNDING FOR THE DENTON DELINQUENCY PREVENTION/INTERVENTION PROGRAM FOR JUVENILES, PROVIDING FOR THE RETURN OF ANY LOST OR MISUSED FUNDS TO THE CRIMINAL JUSTICE DIVISION, OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton is eligible to receive funds from the Criminal Justice Division of the Office of the Governor, State of Texas, and desires to increase the effectiveness of the Denton Delinquency Prevention/Intervention Program for Juvemles by providing funrhng to the Fred Moore After School Program and the Teen Court of Denton, and WHEREAS, ~n order to receive such funds, it is necessary for the Council of the City of Denton to authorize the submission of a Title V Juvemle Delinquency Prevention Grant Application to the Criminal Justice Dlmslon of the Office of the Governor, State of Texas, requesting funding, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the City of Denton, Texas, certifies that it is eligible to receive a funding allocation from the Criminal Justice Division of the Office of the Governor, State of Texas, for a Title V Juvenile Delinquency Prevention Grant for the Denton Delinquency Prevention/Intervention Program for Juveniles ~ That the City Council authorizes and directs the Clty Manager, or his designee, to represent and act on behalf of the City of Denton m applying for and working w~th the Criminal Justice Dlvaslon of the Office of the Governor, State of Texas, m regard to such grant appheatlon ~ That in the event of loss or misuse of any Criminal Justice D1VlSlOn funds awarded by this grant, the City of Denton assures that the lost or misused funds will be returned in full T.~fi3_!.I_Q._N_I~ That the City Manager, or his designee, shall forward a copy of tlus resolution to the Criminal Justice Division of the Office of the Governor, State of Texas SECTION V That this resolution shall become effective immediately upon its passage and approval ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AgTO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ,1999 jA~~''' s \Our DocumentshResolutlons\99~Denton Dehnquency Resolution doc RESOLUTION NO ~q(~ -(~! O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUP- PORTING HOUSE BILL 3237 DEFINING ENTITLEMENTS TO SCHOOL DISTRICTS FOR STUDENTS IN AVERAGE DAILY ATTENDANCE IN SPECIAL EDUCATION PRO- GRAMS AND SPECIAL INSTRUCTIONAL ARRANGEMENTS FOR STUDENTS WITH DISABILITIES AS A PART OF THE SCHOOL FUNDING FORMULA, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Representative Mary Denny has introduced H B 3237, which amends the Texas Education Code to provide a formula for annual allotments based on the average dmly at- tendance of each student in special education programs and special instructional arrangements for students with disabilities under the circumstances defined In that bill, and WHEREAS, the enactment of H B 3237 will favorably impact the funding for public school systems, such as the Denton Independent School District, and WHEREAS, the Denton Independent School Dmtnct supports H B 3237 and the City Council deems it in the public interest to support this legislation, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council hereby supports H B 3237, introduced by Represen- tative Mary Denny, which will have a favorable impact on the funding for various pubhc schools, mcludmg the Denton Independent School D~smct SI~CTION II That the City Manager is directed to send a tree and correct copy of thlS resolution to Senator Jane Nelson, Senator Tom Haywood, Senator David Slbley, Representative Mary Denny, Representative Rouny Crownover, and Representative Butt Solomons with a letter requesting these public officmls support H B 3237 S__E._C,.TJ~X.~ That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this theC~0- day of ~ ,1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUP- PORTING SENATE BILL 594 RELATING TO STATE ASSISTANCE FOR CERTAIN SCHOOL DISTRICT INSTRUCTIONAL FACILITIES PROJECTS, SENATE BILL 595 RE- LATING TO THE STATE FUNDING FOR SCHOOL DISTRICT DEBT SERVICE, AND SENATE BILL 596 RELATING TO AN ADDITIONAL FOUNDATION SCHOOL PRO- GRAM ALLOTMENT FOR SCHOOLS THAT OPEN OR EXPAND INSTRUCTIONAL FA- CILITIES, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Senators Jane Nelson and David Bemsen have introduced S B 594, 595, and 596 amenchng sections of Chapters 42 and 46 of the Texas Education Code relating to state assistance for certain school dlsmct instructional faclht~es projects, state ftmdmg for school dis- mcr debt service, and an additional foundatmn school program allotment for schools that open or expand instructional faclllt~es, and WHEREAS, the enactment of these bills will benefit pubhc school systems, such as the Denton Independent School District, and WHEREAS, the Denton Independent School D~smct and the Fast Growth School Coah- t~on support th~s leg~slatmn and the C~ty Cotmcfl deems ~t m the pubhc mterest to support flus leg~slatmn, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the C~ty Cotmcfl hereby supports S B 594, 595, and 596, ~ntrodueed by Senators Jane Nelson and David Bemsen, wlueh will benefit various pubhc school systems throughout the state, including the Denton Independent School D~stnct SECTION E That the C~ty Manager ~s d~rected to send a true and correct copy of this resolution to Senator Jane Nelson, Senator David Bemsen, Senator Tom Haywood, Senator Dawd S~bley, Representative Mary Denny, Representatwe Ronny Crownover, and Representa- twe Butt Solomons with a letter requesting these public officials support S B 594, 595, and 596 TI~uC.2~[~ That th~s resolutxon shall become effecttve ~mmechately upon ~ts passage and approval PASSED AND APPROVED ttus tho~9't day of ~ ,1999 ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY Page 2 RESOLUTION NO/~q~--O//~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUP- PORTiNG SENATE BILL 1634 AMENDiNG THE TEXAS EDUCATION CODE TO PRO- VIDE A DEVELOPMENT FEE FOR PUBLIC SCHOOL FACILITIES, AND PROVIDiNG AN EFFECTIVE DATE WHEREAS, S B 1634, introduced by Senator Jane Nelson, amends Chapter 47 of the Texas Education Code to prowde a development fee for pubhc school facilities, and WHEREAS, S B 1634 provides for a development fee for public school facilities to be assessed to provide that development pay a portion of the costs of the public school improve- ments that are reasonably related to the service demands and needs of the development project, and WHEREAS, Chapter 395 of the Texas Local Government Code authorizes mumclpalltles to charge impact fees for such services as roads, water, sewer, storm water, and flood control fa- clhtles to recover various public improvement costs related to the new development, and WHEREAS, states such as California, Maryland, Washington, Vermont, New Hamp- shire, and West Virg~ma have enacted school development or ~mpact fees similar to those set forth in S,B 1634, and WHEREAS, the authorization of school development fees in high growth communities across the state will provided needed revenues to build and sustmn school systems that provide our children the education they will need to compete in a global economy, and WHEREAS, the Denton Independent School District supports S B 1634 and the City Council deems it in the public interest to support this legislation, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the C~ty Council supports S B 1634, introduced by Senator Jane Nel- son, wtuch pmmdes for development fees for pubhc school fac~llttes SECTION ~ That the City Manager is d~rected to send a tree and correct copy of this resolution to Senator Jane Nelson, Senator Tom Haywood, Senator David Slbley, Representative Mary Denny, Representative Rouny Crownover, and Representative Burt Solomons with a letter requesting these public officials support S B 1634 SECTION IH That th~s resolution shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED tins the~~x day of ~ .1999 JAC~JI'LLER, ~AYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APII~ROVED AS TO LEGAL FORM Page 2 RESOLUTION NO A RESOLUTION SUPPORTING THE PASSAGE OF HOUSE BILL 2648 FILED BY REP- RESENTATIVE MADDEN WHICH WILL CLARIFY THE CONSENT REQUIREMENTS THAT APPLY WHEN LAND WITHIN THE CORPORATE LIMITS OR EXTRATERRITO- RIAL JURISDICTION OF A CITY IS INCLUDED WITHIN THE BOUNDARIES OF A WA- TER DISTRICT, AUTHORIZING THE MAYOR TO SEND A LETTER TO PUBLIC OFFI- CIALS IN SUPPORT OF THIS LEGISLATION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Denton Fresh Water Supply D~stnct No 1-A was formed and approved an order annexing apprommately 1,826 5 acres of land m Denton and Colhn Counties, including 488 acres wltlun the corporate hm~ts and ETJ of the City of Denton, and WHEREAS, the annexation of land ~n Denton's corporate hm~ts and ETJ was done with- out the consent of the C~ty of Denton, the County Commissioners' Court, or any state agency, such as the Texas Natural Resource Conservation Commission, and WHEREAS, the consent of a mumclpahty before the annexation of land w~th~n ~ts boundanes and ETJ ~s necessary to promote orderly growth, assure that construction is ~n eom- phance with apphcable munlmpal subdlv~smon rules and regulations, to avmd unnecessary duph- cat~on of servme efforts, to help preserve water quahty and the watershed, to promote effective regulation of land use and development w~th~n the munlc~pahty's boundaries and ETJ, and to prowde the mummpahty w~th the opportumty to provide utfltty service w~tlnn tts certificated service area, and WHEREAS, Representative Jerry Madden has ~ntroduced H B 2648 which will clarify that consent requirements apply to water districts such as these d~stncts when land within the corporate hm~ts or ETJ of a city ~s included w~th~n the boundaries of such a water d~stnct, and WHEREAS, the C~ty Cotmcfl deems it in the pubhc interest to support H B 2648, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the Clty Council strongly supports the passage of H B 2648 filed by Representative Madden to clarify that no water d~stnct may ~nclude land w~th~n the corporate hm~ts or ETJ ora c~ty w~thout first obtmmng consent of that city SECTION II That the Mayor, or in his absence the Mayor Pro Tem, is hereby authorized to send a letter to Representative Jerry Madden, Senator Jane Nelson, Senator Tom Haywood, Senator David Slbley, Representative Mary Denny, Representattve Ronny Crownover, and Rep- resentatwe Burt Solomons, urging the passage ofH B 2648 SECTION III. That this resolution shall become effective ~mmed~ately upon ~ts passage and approval ?ASSEr~ ~ ~?ROVEr~ th~sth~q ~ day of ~ , ~999 JA~ ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY Page 2 Next Document SOL' TIO O A RESOLUTION ALLOWING LULAC TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO CELEBRATION ON MAY 1, 1999, UPON THE CONDITIONS OF OBTAINING BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING GENERAL LIABILITY INSURANCE, AND AGREEING TO INDEMNIFY THE CITY FOR ANY LIABILITY, AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT FOR THE CONDITIONS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton ("C~ty") is the owner of the Civic Center Park and through the Park and Recreations Department co-sponsors a Cmco De Mayo Celebration at the Ciwc Center Park, WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center Park pursuant to City of Denton Code, §22-32 (b), WHEREAS, LULAC has been a major partic~pant in this event and has used this event as a fund raiser for its scholarship program, and WHEREAS, LULAC has requested that they be sole participant allowed to sell alcoholic beverages at flus year's Clnco De Mayo Celebration on May 1, 1999, and WHEREAS, the Parks and Recreation Board has recommended that LULAC be the sole participant allowed to sell alcoholic beverages at the Cmco De Mayo Celebration, and WHEREAS, the City agrees with the recommendation of the Parks and Recreation Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES ~ That LULAC shall be the sole participant allowed to sell alcoholic beverages at the Cmco De Mayo Celebration on May 1, 1999 at the Civic Center Park upon the following conditions 1 2 3 4 That they shall be responsible for rental of any booth space necessary, That they be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency, That they provide the security necessary for the sale of alcohohc beverages, That they provide general comprehensive hablhty insurance from a responsible career, with the City as an additional insured, in the amount of $500,000 00 Agrees to lndenmlfy the C~ty of Denton agmnst any hablhty incident to the selling of alcohohc beverages at the Clnco De Mayo Celebration ~ That the City Manager ~s authorized to execute the agreement attached as Exhibit "A" and incorporated herein as if copied word for word, setting out the cond~tlons set forth above without further action by the City Cotmcd S.F,_QT.!_Q_!~_~_ That this resolution shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED thts the ~ c/~ dayof C/~_~')dLt~7 ,1999 JACK~LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APProVeD A~AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY F \sharedklepflLGL\Our Documents\Resolutlons\99\Cmco De Mayo Selhng Alcohol doc CIVIC CENTER AGREEMENT FOR THE CINCO DE MAYO CELEBRATION STATE OF TEXAS COUNTY OF DENTON § Thts Agreement, made flus ff_~/'t~day of O~2~ , 1999, by and between the City of Denton, a mmnmpal corporation, hereinafter rel~erred to as the "CITY" and LULAC a non profit corporation WlTNESSETH, that in consideration of the covenants and agreements herein contained, the pamos hereto do mutually agree as follows ARTICLE I GENERAL The City grants to LULAC the exclusive pnvflege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Cmco De Mayo eelebratlon on May l, 1999 to be held at the Civic Center Park Attached hereto ~s a copy of the resolutton passed by the City Council of Denton, Texas authorizing thts privilege and is attached as Exhibit "A" and is incorporated herein as if copied word for word This privilege does not extend beyond the date of the Cmco De Mayo celebratmn set for the year 1999 ARTICLE II SCOPE OF SERVICES LULAC in order to exercise the pnvflege to sell alcoholic beverages must perform the following A LULAC shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the Clnco De Mayo Celebration B LULAC shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcohohc beverages at the Clnco De Mayo Celebration C LULAC shall be solely responsible for the obtmnmg and paying for any security necessary fo~ their sale of alcoholic beverages at the Cmco De Mayo Celebration LULAC's f,-.alure to do an) of the above and to show proper proof of compliance sh 11 watve their nght to exercise the pnvllege of selling alcoholic beverages at the Cmco De Mayo Celebration ARTICLE III LOCAL RULES AND REGULATION LULAC agrees to ab~de by all mummpal, county, state and federal laws, orchnances, rules and regulatmns and spemfically, w~thout hm~tat~on, the Denton C~vlc Center Rules and Regulattons, to obtmn all necessary and proper hcenses, permits and authonzatmns, and to comply wuth the requirements of any duly anthonzed person acting ~n connectmn therewith LULAC shall pay all taxes, if any, of every nature and descnptmn arising out of or m any manner connected w~th the sale of alcohohc beverages LULAC will exemxse reasonable care and due dlhgence m their sale of alcohohc beverages at the Cmco De Mayo Celebration ARTICLE IV INDEMNITY AGREEMENT LULAC SHALL mdenm~fy and save and hold harmless the CITY and ~ts officers, agents, and employees from and against any and all habd~ty, clmms, demands, losses, and expenses, including but not hm~ted to, court costs and reasonable attorney fees ~ncurred by the CITY, and ~nclud~ng, w~thout hm~tatmn, damages for boddy and personal injury, death and property damage, rasulttng from the neghgent acts or onussmns of LULAC or ~t officers, shareholders, agents, or employees m the executmn, operaUon, or performance of th~s Agreement Nottung ~n flus Agreement shall be construed to create a habfi~ty to any person who 1s not a party to th~s Agreement, and notlung here~n shall wmve any of the part~es' defenses, both at law or eqmty, to any clmm, cause of action, or ht~gat~on filed by anyone not a party to th~s Agreement, mcludmg the defense of governmental immunity, whmh defenses are hereby expressly reserved ARTICLE V INSURANCE Dunng the performance of the Agreement, LULAC shall mmnta~n the following insurance wtth an insurance company hcensed to do business m the State of Texas by the State Insurance Comm~ssmn or any successor agency that has a rating w~th Best Rate Careers of at least an A- or above A Comprehensive General Lmbd~ty Insurance w~th bodily injury hm~ts of not less than $500,000 for each occurrence and not less than $500,000 ~n the aggregate, and w~th property damage hwlts of not less that $100,000 for each occurrence and not less than $100,000 ~n the agg~'gate B LULAC shall furnish ~n,urance certfficates or ~nsurance pohc~es at the CITY'S req~ est to ewdence such coverages The insurance pohc~es shall name the CITY as an addmonal ~nsured on all such pohc~es, and shall contmn a prowmon that such ~nsurance shall not be canceled or modffied w~thout written not,ce to the CITY and LULAC In such event, C~nco De Mayo Celebration Agreement - Page 2 LULAC shall, pnor to the effective date of the change or cancellation, serve substitute policies furmslung the same coverage ARTICLE VI NOTICES All notices, communications, and reports reqmred or perrmtted under tins Agreement shall be personally dehvered or marled to the respective pames by depos~tmg same in the Umted States mml to the address shown below, certified marl, return receapt requested, unless otherwise specified hereto Mmled notaces shall be deemed commumcated as of three (3) days' mmlmg To LULAC To CITY LULAC CITY OF DENTON Michael W Jez, Caty Manager 215 E McKanney Denton, Texas 76201 All notices shall be deemed effective upon receapt by the party to whom such notice ~s g~ven, or votlun three (3) days' mathng ENTIRE AGREEMENT Tbas Agreement, consisting of ~ pages and (~) exinbats, constitutes the complete and final expression of the agreement of the parties, and is antended as a complete and excins~ve statement of the terms of thear agreements, and supersedes all prior contemporaneous offers, prom~ses, representatwns, negoUations, dascusswns, communications, and agreements winch may have been made an connecUon w~th the subject matter hereof SEVERABILITY If any prowswn of tins Agreement as found or deemed by a court of competent jurisdiction to be invalid or unenforceable, It shall be considered severable from the remmnder of tins Agreement and shall not cause the remamder to be invalid or unenforceable In such event, the pames shall reform flus Agreement to replace such stricken provls~on w~th a valad and enforceable prowswn winch comes as close as possible to expressing the mtention of the stricken provision ARTICI,E IX DISCRIMINATION PROHIBITED In performing the services reqmred hereunder, LULAC shall not d~scnm~nate agmnst any person on the bas~s of race, color, rehgwn, sex, national ongm or ancestry, age, or physical hand,cap Canto De Mayo Celebration Agreement - Page 3 PERSONNEL A LULAC represents that it has or will secure, at its own expense, all personnel required to perform all the services required under tins Agreement Such personnel shall not be employees or officers of, or have any contractual relations with the CITY ASSIGNABILITY LULAC shall not assign any interest in tins Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the pnor written consent of the CITY MODIFICATION No w/uver or modfficatlon of this Agreement or of any covenant, condition, or hmltatlon herein contained shall be valid unless m writing and duly executed by the party to be charged therewith, and no evidence of any wmver or modlficatmn shall be offered or received in evidence in any proceechng arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such wtuver or modification is in wntlng and duly executed, and the part~es further agree that the provisions of this section will not be wmved unless as set forth herein MISCELLANEOUS A The following exhibits are attac,.hed to and roade a part of this Agreement (hst exlublts) Bxhlb~t "A" Resolution No ~'~ t~--tg/~'~ B Venue of any SUlt or cause of action under this Agreement shall lie exclusively in Denton County, Texas Tins Agreement shall be construed in accordance with the laws of the State of Texas C The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or condmons of this Agreement IN WITNESS HEREOF, the City of Denton, T xas has caused this Agreement to be executed by ~ts duly authorized City Manager, and LULAC has executed this Agreement through ItS duly authorized undersigned officer on this the f~i../ dty of /~ri/)¢tta '.~ , 1999 Cmco De Mayo Celebration Agreement - Page 4 ATTEST JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS MICHAE~g W ~-Z~ITY MANAGER APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY LULAC BY ~__ Nallle Title WITNESS BY F ~shared~epfiLOL\Our Dooumenta\Contracts\99\Cmco Dc Mayo Contract doc C~nco De Mayo Celebraaon Agreement - Page R~SOLUTION NO ~gq~ _0/~_~_~ A RESOLUTION OF THE CITY OF DENTON RELINQUISHING APPROXIMATELY 180 ACRES OF LAND WITHIN ITS EXTRATERRITORIAL JURISDICTION (ETJ) TO THE CITY OF ARGYLE AND TOWN OF BARTONVILLE SO THAT ARGYLE AND BARTONVILLE MAY INSTITUTE ANNEXATION PROCEEDINGS WITH RESPECT TO SUCH AREA, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Sectton 43 021 of the Texas Local Government Code, home rule crees are authorized to fix their boundaries and exchange areas w~th other mtmicIpalmes, and WHEREAS, pursuant to Section 42 023 of the Texas Local Government Code, the ETJ of a mumclpal~ty may not be reduced unless the governing body gives ~ts written consent by ordmanee or resoluUon, and WHEREAS, the subject property is beyond the current and projected service delivery area for C~ty of Denton mumc~pal servmes, and WHEREAS, the City of Argyle and Town of Bartonvflle have entered into an Apportionment Agreement with regard to the apportionment of ETJ between the two mumclpalmes upon the release of the subject property from the C~ty of Denton ETJ, and WHEREAS, the aunexatmn of the subject property by the Caty of Argyle and Town of Bartonwlle will promote orderly development in the area and protect the general health, safety, and welfare of persons residing in and adjacent to the mumclpahtles, and WHEREAS, in order to dehneate and fix such boundaries, a release of ETJ is necessary on the part of the C~ty of Denton so that the C~ty of Argyle and Town of Bartonville may institute annexaUon proceechngs for the subject property, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the recitals as stated above are hereby found and determmed to be true and correct /~_Q.TLQ._N~L That the Clty of Denton hereby releases and rehnqmshes an favor of the C~ty of Argyle and Town of Bartonvllle approximately 180 acres within its ETJ located and described more fully an Exhibits A and B attached hereto and made a pan hereof for all purposes That the 180 acres ~s to be apportioned accordmg to the Appomonment Agreement (Exhibit C) between the C~ty of Argyle and Town of Bartonvllle, which is attached hereto and made a part hereof for all purposes, providing the 180 acres shall be w~th~n the ETJ of the C~ty of Argyle and Town of Banonvflle, and the C~ty of Argyle and Town of Banonwlle may Institute annexaUon proceedings w~th respect to said area ~ That flus resolution shall become effective immediately upon xts passage and approval PASSED AND APPROVED this the ~ JAC~ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 EXHIBIT A DESCRIPTION OF SUBJECT PROPERTY All that property currently ~n the C~ty of Denton Extratemtonal Jurisdiction (D~ws~on 2) south and west of F M 407 that ts not cun'ently w~thm the boundaries of the Town of Bartonwlle and the C~ty of Argyle, approxtmately 182 acres 12. EXHIBIT B LOCATION MAP Release of ETJ to Argyle EXHIBIT C STATE OF TEXAS § COUNTY OF DENTON § APPORTIONMENT AGREEMENT Tlus agreement, emered rotc flus / '~ ~ day of March, 1999, by and between the CITY OF ARGYLE (hereafter referred to as "Argyle") and the TOWN OF BARTONVILLE (hereat~er referred to as "Bartonvtlle"), both parties being Type A General Law Cities and pohUcal subdtws~ons organtzed and existing under and by vu'tue of the laws of the state of Texas and acting hereto by and through their duly authorized Mayors for the purpose of destgnatmg a hne of extratemtonal junsdicUon the pames hereto are geograpbaeally located tn proxanuty to each other m the County of Danton, State of Texas, and the extratemtonal junsdtotion of the Town of Bartomalle and the extratemtonal junsdtct,on of the Ctty of Argyle, as estabhshed by the Mumctpal Annexation Act, Local Oovemmant Code 42 021, overlap, and ~t is to the mutual advantage and benefit of the parties hereto that Bartonvflle and Argyle mutually agree to dest~nate and apporhon a cartam boundary hne or hne of extratemtorlaljunsd~ctlon wluch lute would be mutually contiguous to the corporate hrmts of both part,es and adjacent thereto, and in effect~ng such apporttonment there has been considered by both pames the populatton densmes, patterns of growth, transportauon, topography, land utthzatton and abfitty to pro,nde semce and facflmes v~thm the respecuve mumctpahtles concerned, and wtthin such overlapping and contiguous area, NOW, THEREFORE, tn consideration of their mutual covenants, benefits, and the reliance of each thereon, the pames hereto covenant and agree as follows A The line described by the field notes set forth here~n and as depxcted on the Appomonment Map attached as Exhibit "A", shall become the South and East hne of apportaonment and the extraterritonal 3unsd~ctton hrmts for the C~ty of Argyle affecting alt overlapping and contiguous extratemtonal junsdietmn between Argyle and Bartonvflle, and the extension of the corporate hmats of both APPORTIONMENT AGREEMENT Page 1 of 5 BEGINNING at a point m the north right-of-way line off M 407 and the west nght-of~ way hne off M 1830, THENCE South a dtstance of 90 feet to a point tn the south right-of-way line of F M 407, THENCE West with the south right-of-way line ofF M 407 a &stance of 583 8 feet to a point for a comer, satd point being the northwest comer of a 5 0 acre tract identified as Denton County appratsal Dtstnet (DCAD) Tract 12 m the W Blaylock Survey A a.a., said point also being the northeast comer ora 10 0 acre tract tdentlfied as DCAD Tract 11, THENCE South 00° 20' E, a dtstance of 2,009 43 feet to a pmnt, said pomt being the southeast comer ora 5 0 acre tract tdentffied as DCAD Tract 29, THElqCE N 89° 40' 42" W a &stance of 650 36 feet, THENCE S 00° 29' 56" W a &stance of 671 19 feet, THENCE N 89° 55' 23" W a dtstance of 651 82 feet, THENCE N 00° 19' 36" E a dtstance of 335 94 feet, TH]ENCE N 89° 50' 20" W a distance of 648 09 feet, THENCE S 00° 19' 40" W a distance of 336 89 feet, THENCE N 89° 41' 50" W a dtstance of 242 68 feet, THENCE N 00° 37' 53" W a dtstance of 97 74 feet, THENCE S 89° 45' 25" W a &stance of 741 93 feet, said point also bern8 the southeast comer of lot 19, Block A, Rolhng Acres estates, an addttion to the C~ty of Argyle, THENCE S 00° 05' 38" E a distance of 1025 75 feet, smd point also being tho southeast comer of lot 1, Earl Cochran Adcht~org to the City of Argyle, and the southeast comer of the S A Chambers Survey A-308, THENCE West with the south hne of smd S A Chambers survey A-308, passing at 934 feet more or less, the northwest comer of the S L~zenby Survey A-767, passing at 2,254 feet, more or less, the northwest comer of the M Tucker Survey A-1255, continuing for a total dtstance of 7,630 feet, more or less to a point, smd point being at the intersection of the center lines of Frenchtown Road and Jeter Road, APPORTiONMENT AGREEMENT Page 2 of 5 THENCE South w~th the centerhne of leter Road, said line also being the west lie of the N Allsup Survey A-3 and the east [me of the G Cardinas Survey A~216, a distance of 2,802 fe~t, more of less to a point, said point being the southeast comer of the G Cardinas Survey A-216, THENCE West w~th the south lie of the O Cardlnas Survey A-216, smd hne also being the north line of the P Wiles Survey A-1339, a distance of 4,261 feet to a point, smd point being the northwest comer cfa 84 49 acre tract identified as DCAD Tract 1 in the P W'tles survey A-1339, THENCE South a distance of 1,988 89 feet to a point, said point being the southeast comer cfa 47 26 acre tract Identified as DCAD Tract 3 in the P Wiles Survey A-1339, THENCE West with the south line of smd 47 26 acre tract a distance of 1095 4 feet to a point, smd point beu~ at the southwest comer of said 47 26 acre tract, said point also being in the west lie of the P W'des Survey A-1339 and the east lie of the F Thornton Survey .6.- 1244, THENCE South a distance of 1,446 3 feet, inore or less, to a point, said point being the southeast comer of the F Thornton survey A-1244, THENCE West w~th the south hne of the F Thornton Survey A-1244 a dlstaiice of 1,223 4 feet to a point, said point being in the east right-of-way line ofU S 377 B Any prior or previous lines of extratemtonal jurisdiction affecting common boundaries, overlapping areas or contiguous unincorporated areas adjacent and common to said muincipahties is hereby deeined null and void and of no further force or effect, being hereby preempted by the line delineated and descnhed by the field notes set forth herein C Pursuant to the execution of this agreement Bartonvtlle and Argyle represent that neither party has pre. aously released the exiratemtonal lunsdiction that is being released by each party herein D Bartonvllle agrees that Argyle shall have the sole exclusive and undlsputable nght to annex North to and West of the described linc, and to that extent relinquishes its statutory extraterntonal jurisdiction to Bartonville so long as this agreement remains in force E Argyle agrees that Bartonvflle shall have the sole exclusive and undlsputable right to annex South to and East of the descnhed lie, and to that extent reliqulshes its statutory extraterntonal jurisdiction to Barton,alle so long as this agreeinent reinams in force APPORTIONMBNT AGREEMENT Page 3 of 5 F A copy of this agreement shall be recorded m the Deed Records of Denton County, Texas, and shall be further available to the pubhc through the undersagned mummpalmes G Argyle and Bartonvflle shall enact Ordanances dtsannexmg and/or releasing extratemtonallunsd~ct~on in the area agreed to be the exclumve annexatmn junsdmtton of the other pursuant to the agreement contmned herem H Bartonvflle hereby releases all present and future clatms to annex any and all temtory North and West of the descnbed hne without the prior written and duly authorized consent of the Ctty Council of Argyle This release is forever binding upon the present Town Council and any future Town Councils I Argyle hereby releases all present and furore chums to annex any and all temtory South and East of the described hne wthout the prior written and duly anthonzed consent of the Town Counctl of Bartonvtlle Thru release as forever binding upon the present City Council and any future Oty Counmls J This agreement may be amended from tame to tame wth the express and duly authorized consent of both parhes K It will be consadered a substanttal and material breach of this agreement ff the extratemtonal junsdxetaon released hereto by both partaes m subsequently released to any other person or enttty Both parhes ietam all legal remeckes to contest such a breach IN WITNESS WHEREOF, this agreement has been executed the day and year first above wnrten, by the parties hereto through thew respecttve mayors after bmng duly authorized to do so by a vahd and binding resohitmn enacted by the respective governing bodtes of both mummpahtaes Such exeeutton is an offimal aehon of the mummpahttes and ts binding m perpetuity upon themr future govermng bo&es YOR ATTEST CITY SECRETARY APPORTIONMENT AGREE~VIENT Page 4 of 5 LEE LAZARUS, ~ /'OR TOWN OF BART(~ TLLE ATTEST A.~INMARIE MOORE, TOWN SECRETARY TOWN OF BARTONVILLE APPROVED AS TO LEGAL FORM ATTORNEY ~o~/~m~ ~o~Y TOWN ~OF BARTONVILLE APPORTIONMENT AGREEMENT Page 5 of 5 F \sharedklept\LOL\Our Documents',Resolut~ons\99kDenton ETJ Resolution doc Revised by R99-027-this contract not completed RESOLUTION NO /~ ~q A RESOLUTION OF THE CITY OF DENTON, TEXAS ACCEPTING AND EXPANDING ITS EXTRATERRITORIAL JURISDICTION INTO APPROXIMATELY 850 ACRES OF LAND RELEASED FROM THE TOWN OF NORTHLAKE, TEXAS'S EXTRATERRITORIAL JURISDICTION, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL APPORTIONMENT AGREEMENT BETWEEN THE CITIES, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty of Denton ("Denton") is a home rule mty lying and being situated within the County of Denton, State of Texas, and WHEREAS, the town of Northlake ("Northlake") is a general law city lying and being situated m the County of Denton, Texas, and WHEREAS, Denton and Northlake have received a petition from the property owners of approximately 794 acres of land more fully described in the body of and the attachments to th~s resolution requesting that Northlake release this area from its extratemtonal junsdmtlon (ETJ) and allow Denton to simultaneously w~th the release add the area to ~ts ETJ and annex the area, which petition is attached to and made a part of tlus Resolution for all purposes as Exhibit "A", and WHEREAS, Northlake has passed a ResoluUon rehnqulshlng and redumng th~s area of ~ts ETJ And consentmg to Denton's mclumon of this area Into Denton's ETJ, and WHEREAS, Section 42 022(b) of the Texas Local Government Code allows the ETJ of a munlclpahty to expand beyond the distance hmltatlons imposed by Section 42 021 to include areas contiguous to the existing ETJ of the mtmlclpahty if the owners of the area request the expansion, and WHEREAS, the parties wish to enter into an lnterlocal agreement whereby this adjustment of boundaries is accomplished along wath the provlmon of certain municipal services by Denton to Northlake, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the recitals stated above are hereby found and determined to be true and correct SECTION II The City Council of Denton hereby accepts into its extratemtonal junsdmtlon that approximately 850 acre tract of land described by metes and bounds m Exhibit "A-I" and reflected on the map dep~cted in Exhibit "A-2", which are mmultaneously being released and reduced from the extratemtonal jurisdiction of Northlake ~n accordance with Section 42 023 of the Texas Local Government Code, such exhibits whmh are attached and made a part of thru resolution for all purposes SECTION III. In accordance w~th Sections 42 021 and 42 022 of the Local Government Code and pursuant to the petmon filed by the property owners requesting the City to extend its ETS to the area described hereto, to accept same into its boundaries and to annex the area, the City of Denton hereby agrees to accept such area into its ETS and to ~mtiate nnnexation proceechngs into that area described by metes and bounds m Exinint "A-3" and reflected on the map depicted m Exinint "A-4", winch exlnbtts are attached to and made a part of flus resolution for all purposes, winch area will expand the city's ETS automatically when the annexation is complete SECTION IV. That Denton hereby acknowledges that approximately at the same me of the passage of flus resolution that Northlake is passing a resolution releasing and reducing flus area into. Denton's extratemtonal junschction and granting consent of its appropriate city officials to execute an Interlocal Apportionment Agreement winch adjusts the extraterntonal jurisdiction boundary lines between the C,ties SEC~ONV. That the Mayor, or in Ins absence the Mayor Pro-Tern, is hereby authonzed to execute an Interlocal Apportionment Agreement, substantially in the form of Exinbtt "B', winch is attached to and made a part of flus Resolution for all purposes, adjusting and consenting to the adjustment of extraterntonal.lunsd~ction boundary hnes between the C,t, es of Denton and Northlake and providing that Denton shall upon the request and consent by Northlake winch is being made simultaneously with the passage of flus resolution, prowde the water , wastewater and other mumclpal sennces that are descnbcd wltlun the attached agreement SECTION VI. That effective with the passage of these Resolutions by Denton and Northlake and the execution of the Interlocal Apportionment Agreement by the cities, any pnor or prewous lines of cxtratcmtonal jurisdiction affecting common boundanas between Denton and Northlakc, overlapping areas and configuring unincorporated areas adjacent and common to these mumclpahties arc hereby deemed null and void and are no further m force and effect, being hereby pre-empted by the new extratemtonal jurisdiction hne set forth and described by the field notes and proportonatc maps set forth m the Apportionment Agreement attached as Exinbtt "B" and made a part of tins Resolution for all purposes SECTION VH. That if any section, subsection, paragraph, sentence, clause, phrase or word m tins resolution, or any apphcation thereof to any person or cncumstance is held mvahd by any cotut of competant .lunsdlction, such holding shall not affect the vallchty of the remannng pomons of tins resolution, and the City Council of the C~ty of Denton, Texas hereby declares it would have enacted such remaining pomons despite any such mvahchty SECTION VIH. That tins resolution shall be effective immediately upon its passage and approval and immediately an~i mmultaneousl ~, with the approval of a resolution of the Town Council of Nonlflake releasing a~# reducing the extraterntonal jurisdiction area fi.om its ETJ PASSED AND APPROVED this the __ day of ,1999 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Exhibit A PETITION FOR ANNEXATION TO THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS The undersigned does hereby pebbon for annexation of 2,745 51 acres located at the southwestern ETJ boundaries of the City of Denton and the northeastern ETJ boundanes of the Town of Northlake, between 1-35W and Florence Road, and between Crawford and Lively Roads The property ~s more particularly descnbed ~n the attached survey descnpt~on and shown on the attached map The undersigned also certifies that the following required ~nformabon concerning the land and its inhabitants ~s reasonably accurate and assumes respons~bd~ty for completion of sa~d informat~on pnor to scheduled action on the request by the C~ty of Denton Is petition being initiated by owner(s) or majority of registered voters in area of request? Yes No X If no, what ~s the status of the apphcatlon? The pebbon ~s bem,q submitted on the part of the property owner and developer of vacant, uninhabited land How many dwelhng umts are located w~thln the area requested for annexabon'~ Two farmhouses are located on the proDertv, both are m a state of d~srepa~r and are unoccupied How many businesses or non-residenbal land uses are located w~th~n the area of the request? .None Please provide a general descnpbon of these land uses Includ~ng the name(s) of businesses, ff known 4 5 6 Does area of request include any terntory w~th~n the c~ty hmlts or extraterntonal junsd~ct~on of another c~ty? Yes X No . Estimated population of the area of request 0 Adults 0 Chddren 0 Number of registered voters? 0 At the t~me of th~s pebbon, have any other annexation procedures been m~t~ated for all or any part of the area requested ~n th~s petition? Yes . X No If yes, please explain the procedures begun and their status This apphcabon ~s also intended to serve as wntten not~ce to the Town of Northlake of the consent and request on the part of the property owner for all port~ons of the described DroDertv w~thm the Town of Northlake ET J, estimated to 9 10 11 be 794 acres, to be rehnau~shed to the City of Denton for the purposes of voluntary annexation, to reque-_et the C~ty of Denton to add th~s property to ~ts ET J, and to annex the property as part of this petlbon An interlocal agreement under consideration between the City of Denton and the Town of Northlake specifies the conditions of mutual aqreement under which the rehnqulshment of Northlake ET J, acceptance of Northlake ETJ by the C~ty of Denton, and annexation by the C~ty of Denton Th~s appllcabon ~s submitted ~n antm~pat~or~,of the execubon of the mterlocal a.qreement Does a water supply district he w~thm the boundaries of the area proposed for annexatlon~ Yes No X What zoning, ~f any, other than agricultural (A), is being requested under separate petition? A._Q apphcat~on for a Planned Development Concept Plan for the entire tract, and a Planned Development Detaded Plan for the first phase of the development of a resort retirement community wdl be submitted ~n conluncbon w~th the annexation pebbon How much of territory proposed for annexabon ~s ~ncluded ~n zomng pebbon'~ The enbre 2,745 51-acre tract wdl be ~ncluded in the PD zonmo apphcabon What ~s the purpose of annexabon? The annexation ~s ~ntended to facd~tate the development of a master planned commumty w~th~n the Denton c~ty hm~ts that wdl have the benefit of coordinated zomnq and subdlwslon re,qu at ons and approvals, conmstent budd~nq code requirements, and consistent prowsion of munic~pal services Planned land use (if zoning Is being requested) Single famdy detached Single family attached (townhouses, cluster, etc ) Attached pabo/garden/zero lot hne Duplex Mulb-Famdy Office Neighborhood Service General Retad Commercial Light Industnal Heavy Industrial Category & Total Proposed Acreage Proposed Umt Per Acre And/Or Sauare Footaae 12 Proposed use(s) ~f specific use permit or planned development (PD) being requested Proposed Planned Development Conceot Plan land uses ~nclude 1,897 7 acres of res~denbal land use, 42 5 aqres of Ne~qhborhood Services, 693 3 acres of Outdoor Recreation, 19 2 acres of Commumtv Service. 11 3 acres of Park~nCl, and 81 5 acres of streets and n.qhts-of-way The specific re.qulations aovern~na these 13roposed uses w~ll be provided ~n detad ~n the PD apphcabon Have petitioner(s) famd~anzed themselves w~th the official annexation pohcy, land use pohc~es, and the standard mumc~pal service plan of the C~ty of Denton'~ Yes X No Name of Owner(s) S~gnature (s) Address(es) Telephone #(s) Date If petitioner is not the owner of the property Status Pebt~oner Name(s) S~gnature (s) Address(es) Telephone #(s) Date *F~eld Notes and Location Map for area proposed for annexation must be submitted along with completed petition before process begins Exhibit A-1. Apportionment L~ne - Metes and Bounds BEGINNING at a point in the centerhne of a public road known as Crawford Road, same being the southwest comer of the E Pazano Survey, Abstract No 994, and the southeast comer of the M Scurlock Survey, Abstract No 1141, on the north line of the P Rock Survey, Abstract No 1063, smd point lymg 5,025 feet west of the ~ntersectlon of the centerhne of Crawford Road and Interstate Highway 35W, same being the begmmng point of the Apportionment Agreement Line between the City of Denton, Texas and the Town of Argyle, as recorded in Volume 716, Page 145, of the Deed Records of Denton County, Texas, THENCE Westerly m Crawford Road, same being the south hne of smd M Scurlock Survey and the north hne of sa~d P Rock Survey, passing the northwest comer of smd P Rock Survey and the northeast comer of the J James Survey, Abstract No 1501, continuing a total distance of 10,158 feet to a point for comer at the southwest comer of said M Scurlock Survey, same being on the east line of soad J Anderson Survey, Abstract No 22, an the centerhne of Crawford Road, THENCE Northerly ~n Crawford Road, wath the west hne of smd M Scurlock Survey and the east hne of smd J Anderson Survey, a d~stance of 3,696 feet to a point for comer at the northeast comer of said J Anderson Survey and the southeast comer of the W L Dunning Survey, Abstract No 1568, THENCE Westerly m Crawford Road, w~th the south hne of smd W L Dunmng Survey and the north lane of smd J Anderson Survey, a d~stance of 2,333 feet to a pmnt for comer at the northwest comer of saad J Anderson Survey, same bemg and luner ell comer of said W L Dunmng Survey, smd point lying an the mtersectmn of the centeflme Florence Road and Crawford Road, THENCE Northerly ~n Florence Road, a distance of 6,654 feet to a point for comer at the southeast comer of the A Feltus Survey, Abstract No 1286, same being an tuner ell comer of the T & P R R Survey, Abstract No 1301 at the intersection of the centefl~ne of Blmr Road and Florence Road, THENCE Northerly in Florence Road wath the northernmost west hne of smd T & P R R Survey, same being the east hne ofsa~d A Feltus Survey, a d~stance of 4,306 feet to a pmnt for comer at the northeast comer of said A Feltus Survey and the southeast comer of the F Daws Survey, Abstract No 371, same being the intersection of the centerllne of Florence Road and Seabom Road, THENCE Northerly ~n Florence Road wxth the east line of smd F Daws Survey and the northernmost west line of sa~d T & P R R Survey, a d~stance of 1,989 feet to the northwest comer of sand T & P R R Survey at the intersection of the eenterhne of L~vely Road and Florence Road, smd poant beang the PLACE OF ENDING T N Sklles Rd EXHIBIT A-; DENTON ~-1 B~ farad AREA OF J~,KE ETJ RELEASE Stradar Road N~ Crawford Road ,RTH~KE FM 407 Exhibit A-3' Tract 1 - Metes and Bounds All that certain lot, tract or parcel of land lying and being s~tuated in the County of Denton, State of Texas, m the M Scurlock Survey, Abstract Number 1141, the F Garcia Survey, Abstract Number 502, the B B B & C R R Survey, Abstract Number 197, the J McGowan Survey, Abstract Number 798, the F Ohver Survey, Abstract Number 989, the J H Paine Survey, Abstract Number 1617, and being more partmularly described as follows COMMENCING from a point m Crawford Road, smd pmnt also being the Southeast comer of smd M Scurlock Survey and the southwest comer of the E P~zano Survey, Abstract Number 994, Denton County, Texas, THENCE North 00 degrees 37 minutes 19 seconds East wath the east line of smd M Scurlock Survey, and the West hne of smd E P~zano Survey, a d~stance of 30 00 feet to a point for comer, THENCE North 89 degrees 51 minutes 20 seconds West along the North hne of Crawford Road and being 30 feet north of and parallel to the south lme of smd M Scurlock Survey, a d~stance of 3840 02 feet to the POINT OF BEGINNING of the here~n described tract, THENCE North 89 degrees 51 minutes 20 seconds West along the North lane of Crawford Road and being 30 feet north of and parallel to the south hne of smd M Seurloek Survey, a distance of 6287 95 feet to a point for comer, THENCE North 00 degrees 00 minutes 47 seconds East, 30 feet east of and parallel to the center of Crawford Road and the west line of smd M Scurlock Survey and the east line of the J Anderson Survey, Abstract No 22, a d~stance of 3696 63 feet to a point for comer, THENCE South 89 degrees 24 minutes 45 seconds West, 30 feet north of and parallel to the m~ddle of Crawford road and a south line of the W L Dunmng Survey, Abstract No 1568 and the north lane of smd J Anderson Survey, a distance of 2333 33 feet to a pmnt for comer, THENCE North 00 degrees 00 minutes 47 seconds East, 30 feet east of and parallel to the middle of Florence Road, a distance of611 11 feet to a point for comer, THENCE South 89 degrees 24 minutes 45 seconds West, a dastance of 16 96 feet to a point for comer, THENCE North 00 degrees 31 m~nutes 59 seconds West, 30 feet east of and parallel to the middle of Florence Road, a d~stance of 3764 93 feet to a point for comer, THENCE North 89 degrees 51 minutes 47 seconds East, a distance of 2541 91 feet to a point for comer at the begmmng of a curve to the right, THENCE w~th smd curve to the nght hawng a central angle of 02 degrees I0 minute 14 seconds, a radms of 2640 00 feet to a point for comer, THENCE South, a chstance of 1141 19 feet to a point for comer at the beg~nmng of a curve to the right, THENCE with smd curve to the right having a central angle of 84 degrees 20 minutes 48 seconds, a radms of 2640 00 feet to a point for comer, THENCE South 00 degrees 00 minutes 47 seconds West a distance of 1064 92 feet to a point for ¢omer~ THENCE East a distance of 1037 44 feet to a point for comer at the beginning of a curve to the right, THENCE with sa~d curve to the right haxnng a central angle of 89 degrees 29 minutes 36 seconds, a radius of 2640 00 feet, to the POINT OF BEGINNING and contalmng approximately 794 acres of land T,N Skllas Rd FM 2449 EXHIBIT Tract Strader Road NI RTH! ~KE DENTON 1 Crawford Road FM 407 EXHIBIT A-5 INTERLOCAL FIRE MUTUAL AID AGREEMENT Upon request to an official of the Responding Department by an offimal of the Requestmg Department, fire fightang eqmpment and personnel wall be (hspatched to any point within the jurisdiction of the Requesting Department as desagnated by the official of the Requestang Department Any dispatch of equipment and personnel pursuant to flus agreement as subject to the followmg condat~ons 1 Any request for aid hereunder shall include a statement of the amount and type of eqmpment and number of personnel requested, and shall specify the locatmn to whach the eqmpment and personnel are to be chspatched, but, the amount and type of eqmpment and personnel to be furnished shall be determmed by an offimal of the Respondang Department 2 The Respnndang Department shall report to the officer m charge of the Requesting Department at the location to whmh equipment and personnel are daspatched and shall be subject to the orders of that official 3 This agreement as not only for mutual md, but may also be used for medacal first responders where there may be a question ofbonndary 4 The Responding Department shall be released by the Requesting Department when the servmes of the Responding Department are no longer reqmred or when the Respondmg Department as needed wltlun the area for whmh ~t normally provides fire pmtectaon Neither party shall be reimbursed by the other party for any costs ancurred pursuant to th~s agreement That pursuant to Sectmn 791 006 of the Texas Local Govermnent Code, each Department agrees that the act of any person or persons whale fighting fires or on emergency calls, travelhng to or from emergency calls, or m any manner furmslung fire protection w~thm the junsdactmn of the other Department and outside junsdact~onal hm~t of the Respondang Department shall be considered as the act of the agent of the Requesting Department in all respects, notwathstandmg that such person or persons may be regular employees or volunteers of the Respondmg Department, and any habflaty relating to the furnishing of services ~s the respons~bflaty of the Requesting Fare Department It as expressly understood and agreed that pursuant to Section 352 004 of the Texas Local Government Code, the aforemantmned Departments wall not be held hable for the actions of any of ats employees or volunteers wtule engaged an fighting fires or making emergency calls dunng runs outside their junsdmtaon It is expressly understood and agreed that m the execution oftbas agreement and contract, neither Responding nor Requesting Department wmves, nor shall be deemed hereby to wmve, any ammumty or defense that would otherwise be available to at agmnst clmms ansmg m the exercise of governmental powers and functions EXHIBIT B STATE OF TEXAS COUNTY OFDENTON AN INTERLOCAL APPORTIONMENT AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE TOWN OF NORTHLAKE, TEXAS ADJUSTING AND CONSENTING TO THE ADJUSTMENT OF EXTRATERRITORIAL JURISDICTION BOUNDARY LINES BETWEEN THE CITIES, AND PROVIDING FOR THE PROVISION OF MUNICIPAL SERVICES. Th~s agreement, entered ~nto thxs day of ,1999, by and between the City of Denton, Texas (hereafter referred to as "Denton") and the Town of Northlake, Texas (hereafter referred to as "Northlake"), both panics being political subdivisions organized and existing under and by wrtue of the laws of the State of Texas and acting heremby and through their duly authorized mayors WHEREAS, WHEREAS, WHEREAS, WHEREAS, Denton is a home-rule city lying and being situated within the county of Denton, State of Texas, and Northlake Is a general law city lying and being situated in the county of Denton, State of Texas, and Northlake and Denton have received a petition from the property owners of 794 acres of land more fully described m the body of this agreement, requesting Northlake to release this area from its extratemtonal jurisdiction (ET J) and requesting Denton to expand its ETJ to encompass th~s area and to annex a portion &same, which petmon is attached to and made a part ofth~s agreement for all purposes as Exhibit "A", and Northlake has passed a resolution rehnquishlng and reducing the area of its ETJ described herein in accordance with Section 42 023 of the Texas Local Government Code, and Denton has passed a resolution accepting this area into ~ts ETJ ~n accordance with Sections 42 021 and 42 022 of the Texas Local Government Code, and WHEREAS, Denton and Northlake demre to adjust their ETJ boundary hnes whereby Northlake w~ll release from ats extratemtonal junsdmtmn certtun lands to be annexed by the City of Denton and certain lands to become part of Denton's extratemtonal junsdactmn, WHEREAS, the parties wish to enter into an Interlocal Appomonment and Services Agreement under and subject to the prowsmns of the Texas Local Government Code, Chapter 791, the Interlocal Cooperataon Act, and WHEREAS, both Denton and Northlake have the authority to perform the servmes set forth an the agreement ~ndavadually, and NOW THEREFORE, DENTON AND NORTHLAKE FOR THE MUTUAL CONSIDERATION HEREINAFTER STATED, AGREE AS FOLLOWS. SECTION 1 That m consaderat~on of Northlake reducing the ETJ area and Denton agreeing to accept the ETJ area described hereto wathm ~ts ETJ, annex a port~on of the same, and to prowde the servmes set forth hereto, the partaes agree that the following extratemtonal junsdletaon boundary reahgnment between Denton and Northlake, as hereto described, as an the best interest of the property owners and inhabitants of both eat~es SECTION 2 The hne described by metes and bounds set forth in Exhibit "A-I" and as depicted on the Appomoment Map attached as Exh~bat "A-2" m flus Jmnt Resolution and Agreement, shall become the south and west line of apportionment and the extratemtonal junsdmtlon hm~ts for Denton and the north and east lane of apportionment for Northlake, affecting all overlapping and contiguous extratemtonal junsdmt~on between Denton and Northlake, and the extension of the corporate hmats of both Northlake does hereby rehnquash and release to Danton all extratemtonal junsdmt~on rights ~t has or may have in and to that certmn 794 acre tract of land identified as Tract 1 in Section 4 hereof Any prior or prevaous lines of ETJ affecting these common boundaries, overlapping areas, or contiguous unincorporated areas adjacent and common to stud mumc~pahtxes are hereby declared null and vmd, and of no further force or effect, being hereby preempted by the lmes dehneated and described by the field notes and map attached as Exlub~t "A-I" and "A-2" SECTION 3. Northlake and Denton agree that the extent of the extratemtonal j unsd~ctlon of Denton, tf ~n exceedance of the 3Y2 male {hstanee standard set forth m Section 42 021 of the Texas Local Government Code for munlclpalltaes w~th 50,000 to 99,999 Inhabitants, will extend to the apportaonment lane described in Exhabats "A-I" and "A-2" by the written petition of the property owner, attached as Exhab~t "A", in accordance w~th Section 42 022 of the Texas Local Government 2 Code Northlake represents and agrees that this property currently hes within its ETJ, it has never previously released this ETJ area, that it hereby releases all present and future claims to annex the area, and that Denton shall have the exclusive right to annex the area SECTION 4 That Denton agrees to annex that certmn 794 acre tract of land described as Tract 1 in this haterloeal Apportionment Agreement and Northlake grants its consent to such an annexation Tract 1 is described by metes and bounds set forth in Exhibit "A-3" and reflected on the map depleted m Exhlbxt "A-4" hereof, released from the extratemtonal junsdmtlon of Northlake, and Denton agrees to assume the rights and obhgatlons appurtenant to smd property SECTION $ That Denton shall, upon request and consent by the Northlake Town Council, prowde one retail water tap and one retml samtary sewer service tap to a single point south across Crawford Road, to a property inside the Northlake extraterritorial jurisdiction and adjacent to the Crawford Road right-of- way The taps shall be installed at the cost of the property owner, and shall be adequate to support the development of a maximum of 150,000 square feet of commercial and/or retml gross floor area Denton must approve the construction plans for the private connections to Denton's utlllty systems Denton will not provide water servme unless the sanitary sewer connection ~s installed The water and wastewater taps shall be considered temporary, and shall be eliminated within SlX months of a request by the Northlake Town Council to terminate smd services SECTION 6 That Denton and Northlake agree to abide by the terms of the Inteflocal Fire Mutual Aid Agreement, m substantially the form attached as Exhibit "A-5" to th~s Agreement SECTION 7 That Denton and Northlake do hereby covenant and agree to protect, preserve and defend the herelnabove described boundary reahgnment and apportionment of extratemtonal junsthctlon SECTION 8 That, save and except as otherwise mthcated in thxs agreement, Denton and Northlake agree and resolve that the adoptxon by both c~t~es of thxs Interlocal Apportionment Agreement, and the release of the aforementioned property by Northlake, does not mitigate, diminish, or lessen in any way the rights that e~ther party may have, at law or m eqmty, to challenge or contest any other annexations or attempted aunexatmns made by the other party 3 SECTION 9. It will be considered a substantial and material breach of tins Agreement ~f Northlake releases the ETJ area described hereto to any other person or entity, or ffDenton fails to prowde any of the mummpal services set forth hereto Each party shall g~ve the other party prior written not~ee of any alleged breach of tins Agreement The party rece~ving the notme shall have tinrty (30) days to correct the breach If the breach is not corrected within tinrty (30) days of written not,ce, the non-breacinng party shall have the right to pursue its legal remedxes All notmes shall be sent postage prod to the parties at the following addresses To Denton City Manager To City of Denton 215 E Mcganney St Denton, TX 76201 Northlakes Mayor Town of Northlake P O Box 729 Justin, TX 76247 SECTION 10. That the part,es' Resolutions and tins Agreement shall constitute the written consent of Denton's C~ty Council and Northlake's Town Council to reduce or adjust the respeetxve municipalities' extratemtonal junsdmtlon m accordance w~th Sections 42 021, 42 022, and 42 023 of the Texas Local Government Code and other apphcable laws SECTION 11 If any provision of this agreement is held to be lnvahd, illegal, or unenforceable, the remmmng prowslons shall remain m full force and effect and continue in conformance with the original ~ntent of the parties hereto SECTION 12 A copy of tins Agreement shall be recorded m the Deed Records of Denton County, Texas, and shall be further available to the public through the respective Town or C~ty Secretaries SECTION 13 Venue of any lmgatlon coneermng tins agreement shall be ~n a court of competent junsd~ctmn smlng in Denton County, Texas IN WITNESS WHEREOF, ttus Agreement has been executed the day and year first above written, by the part~es hereto through their respective mayors after being duly authorized to do so by a vahd and binding resolutmn enacted by the respective governing bodies of both munlmpaht~es ATTEST Jenmfer Walters City Secretary CITY OF DENTON APPROVED AS TO F.,,ORM Herb Prouty .~ C~ty Attorney of PASSED AND APPROVED by the Town Council of the Town ofNorthlake thts ,1999 day ATTEST TOWN OFNORTHLAKE Sbarley Rogers Town Secretary Michael J Savme Mayor APPROVED AS TO FORM ANDLBGAL~Y Town Attorney Town of Northlake A RESOLUTION AUTHORIZiNG THE CITY COUNCIL TO APPOINT A SPECIAL CITIZENS ADVISORY COMMITTEE FOR THE CAPITAL IMPROVEMENT PROGRAM, AND DECLARING AN EFFECTIVE DATE WHEREAS, in accordance with the City Charter of the City of Denton, the Planning and Zoning Commission has subnntted a list of recommended capital improvements to be undertaken the next five years, and WHEREAS, implementation of the capital improvements plan is an essential element of the goal of ma~ntmmng the quality of life for the community by providing for the necessary infrastructure, improvements, and sennces to adequately serve the community, and WHEREAS, the City Cotmcll has determined that it would be advisable to create a Special Citizens Advisory Commatee to provide recommendations on the manner of implementing the capital improvements plan, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That a Special ClUzens Advisory Committee shall be appointed to make recommendations to the City Council on the manner of implementing the City's five-year capital improvements plan SECTION II That the Special ClUzens Advisory Committee shall be composed of fifty (50) persons of the commumty appmnted by the Council, seven (7) appmntments per councdmember and one chmrperson appointed by the entire Council The Committee shall perform its fimcUons ~n accordance with the intent ofttus resolution as (hrected by the Council SECTION III That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED thlsthe_.~._/~day of ~/~/p)-~: ,1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 Next Document A RESOLUTION DISSOLVING THE 1996 OVERSIGHT COMMITTEE, EXPRESSING THE SINCERE APPRECIATION OF THE CITY COUNCIL FOR THE WORK OF THE MEM- BERS OF THAT COMMITTEE, PROVIDING THAT THE COMMITTEE CHAIR AND COUNCIL REPRESENTATIVE WILL CONTINUE TO SERVE AS LIAISON TO THE COMMITTEE TO BE ESTABLISHED TO OVERSEE THE 2000 FIVE-YEAR CAPITAL IM- PROVEMENT BOND PROGRAM, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on February 6, 1996, the City Council approved a resolutuon appointing a s~x-member emzen adwsory Oversight Committee ("Commxttee") to momtor, evaluate, and re- port on the progress of the five-year Capatal Improvement Program ("CIP"), pending the success- rial bond elcet~on, wlueh proved to be extremely successful on February 24, 1996, and WHEREAS, Joe Mulroy, Rom Beasley, Margaret Smxth, Jesse Coffey, and Terry Schertz have served faithfully as contnbutmg and valuable members on the Committee for the C~ty of Denton, and WHEREAS, they have demonstrated a genuine ~nterest in the act~vltxes of the Committee dunng their tenure, and WHEREAS, the CIP was designed to take five years, but was estabhshed ~n only four years, and WHEREAS, the members of the Comnuttee have exhlb~ted outstanding expertise, par- t~eularly m the area of leadership They have decheated much of their t~me and effort m a sprat of encouraging eommumty mvolvement ~n the dec~slons and recommendations of the Committee to assure the decisions are m the best mterests of the c~t~zens of Denton, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the Clty Council, the c~tazens of Denton, and the staff of the C~ty of Denton Jo~n in recogmzmg the accomphshments of Joe Mulroy, Rom Beasley, Margaret Smith, Jesse Coffey, and Terry Schertz and in expressing their s~ncere apprecmtlon for the Committee members' years of service on behalf of the commumty and its residents, and d~rect that this resolution be read ~nto the official m~nutes of the 1996 Oversight Committee and the m~nutes of the City Council m honor of their service SECTION ~ That the 1996 Oversight Committee is hereby d~ssolved, provided that Joe Mulroy, the Committee chair, and Rom Be,,sley, the C~ty Council representative shall contmue to serve ~s halson for the Committee to be ~stabhshed to oversee the 2000 five-year Capxtal Im- pro cemegt Bond Program ~ That th~s ordinance shall become effective lmme&ately upon ~ts passage and approval JAC~ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE ELIGIBILITY OF THE STRUCTURE LOCATED AT 115-117 WEST HICKORY, DENTON, TEXAS FOR TAX EXEMPTION FOR HISTORICALLY SIGNIFICANT SITES PURSUANT TO CHAPTER 10, ARTICLE VII CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AUTHORIZING CITY MANAGER TO EXECUTE A TAX EXEMPTION CERTIFICATE, AND DECLARING AN EFFECTIVE DATE WHEREAS, the C~ty has a pohcy to grant a partml tax exemption for hlstoncally slgmfieant sites as estabhshed by Chapter 10 "F~nance and Taxation", Article VII of the Code of Or&nances of the City of Denton, Texas, and WHEREAS, the property located at 115-117 West H~ckory, Denton, Texas meets the reqmrements of a htstoncally slgmficant s~te since ~t is a commercial or remdentml structure, 50 years old or older, and ~s w~thm the boundaries of the Downtown Commercial D~stnct as defined in Sec 10.131 of the Code of Ordinances of the C~ty of Denton, Texas, and WHEREAS, the owner has met all reqmrements for eligibility for the tax exemption, and WHEREAS, the H~stoncal Landmark Comm~sslon has unanimously recommended the approval of the exemption at 1ts meeting of April 12, 1999, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SI~CTIONI That the structure located at 115-117 West H~ckory, Denton, Texas has met all the reqmrements of Chapter 10, Article VII of the Code of Orchnances of the C~ty of Denton, Texas as amended by Ordmance 98-116 and ~s ehg~ble for the tax exemption for h~stoncally s~gmficant s~tes SECTION II. That the C~ty Manager ~s hereby authorized to execute a tax exemption certfficate upon verification of completion of repmrs and renovation for the property located at 115-117 West Hmko~y, Denton, Texas ~ The exemption shall only apply to the h~stonc structure and the land reasonably necessary for access to, and use thereof, by abating any increase ~n the assessed value for ad valorem tax purposes ~n excess of the assessed value of the property for the tax year ~mmethately prior to the renovation, for a period of ten years following the completion of the renovation SECTION IV That th~s resolution shall become effective ~mmedmtely upon its passage and approval JAC~LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY F \shared~dept\LOL\Our Docurr~ntskResolut~ons~h~stonc structure tax exemption doc Page 2 A RESOLUTION ESTABLISHING THE MAXIMUM RATES THAT MARCUS CABLE/CHARTER COMMUNICATIONS MAY CHARGE ITS DENTON CABLE TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER AND ASSOCIATED EQUIPMENT, ESTABLISHING A MAXIMUM HOURLY SERVICE CHARGE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton ("Caty") is the Grantor of a cable television franchase by a franchise ordinance, Ordinance No 88-189 passed and executed on or about November 15, 1988, by and between the Caty and Sammons Commmncataons, Inc ("Sammons"), and the C~ty, by Ordinance No 95-191, passed by the C~ty Councd on September 19, 1995, approved the transfer of the Franchme Ordinance along with attached amendments to Marcus Cable Assocaates, L L C ("Marcus"), and WHEREAS, on May 17, 1994, the Caty Council passed Resolutaon No R94-019 anthonzmg the regulation of basra service tier rates and related equipment, installation, and service charges for any cable telemslon system operating within the Caty in accordance with the applicable Federal Communications Commission ("FCC") regulations, and WHEREAS, on July 16, 1998, the City Council passed Resolution No R98-030 authorizing changes m the rates that Marcus may charge its Denton cable televasaon subscribers for the basic service t~er, assomated equipment, and installation charges, and WHEREAS, on March 23, 1999, the City Council adopted Ordinance No 99-094 (Ordanance Nos 88-189, 95-191, and 99-094, and the Acceptance Agreements of September 12, 1995 and March 23, 1999, are hereinafter referred to as the "Franchme"), transfernng the Franchase from Marcus to Paul G Allen dba Vulcan Cable, Inc, Vulcan Cable II, Inc, Charter Communications, Inc, and Charter Commumcatmns Holdings, Inc ("Charter"), and WHEREAS, the City, pursuant to the Cable Consumer Protection and Competatlon Act of 1992 ("Cable Act") and the roles and regulations adopted thereunder by the FCC and other applicable laws, as certified as a franchising authority to regulate the rates for the basra cable service, eqmpment, and ~nstallat~on rates, and WHEREAS, an accordance w~th Sectton 8-136 "Rates", of the Code of Ordanances of the City of Denton, Texas and m accordance with Section XXI "Rates" of the Franchise, Marcus filed a petltaon with the City on or about February 26, 1999, along with FCC Forms 1205 and 1240, in conformance wath this section and all applicable laws, requesting a change ~n its basic cable service, equipment, and installation rates as above described, whach the City is certified to regulate, and WHEREAS, the City held a public heanng an conformance with Section 8-136 of the Code of Ordinances of the City of Denton on April 20, 1999, after all interested cltazens had been properly notified in accordance with the law, and all interested members of the public had an opportunity to be heard, and WHEREAS, to assure the rates requested by Marcus/Charter are fmr and reasonable, the City employed C2 Consulting Services, Inc to review the rates, and C2 Consulting has filed its recommendations and report, and WHEREAS, as the local regulator of rates for the basic serwce tier, the City desires to make a rate ruling on the proposed rates submitted by Charter to be charged to subscribers of the basic service tier, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION I Findings (1) The City is the Grantor ora Franchise executed on or about November 15, 1988, by and between the City and Sammons (2) The Franchise, as amended, was transferred to Marcus, in accordance with the terms and conditions of that ordinance on or about September 19, 1995 (3) In accordance with the apphcable provisions of the Cable Act, the rules adopted by the FCC, Chapter 8 of the Code of Ordinances of the City of Denton, Resolution No R94-019, and other applicable laws, the City has undertaken all appropriate procedural steps to regulate the basic cable serrate tier, related equipment, and installation charges (4) In accordance with the applicable FCC regulations, on or about January 7, 1994, the C~ty filed FCC Form 328 - Certfficatlon of Francluslng Authority to Regulate Basic Cable Service Rates and Imtlal Finding of Lack of Effective Competition - with the FCC (5) In accordance with applicable FCC regulations, on or about May 17, 1994, the City passed and adopted a resolution providing for the regulation of rates charged by cable televm~on operators within the City for the basic service tier and related equipment and ~nstallatlon charges (6) On or about February 26, 1999, Marcus submitted FCC Form 1205 and Form 1240 to the City (7) On or about March 23, 1999, the City Council transferred the Franchise from Marcus to Charter (8) Pursuant to FCC regulations and applicable law, on or about April 20, 1999, the Clty held a public heanng and gave the public adequate opportunity to comment on the proposed rate request Prior to the public heanng, the City regularly conducted meetings which were open to the public, in accordance w~th the Texas Open Meetings Act, Tex Gov't Code ch 551, and Page 2 prowded an opportumty for interested parties to present Information to the City dunng the meeting of April 20, 1999, or at prior pubhc meetings (9) The Clty must act upon the pending rate request consistent with current FCC rules and regulations and other apphcable laws SECTION II Conclusions (1) That for the penod begmmng June 1, 1999, until May 31, 2000, the maximum permitted rate for basle cable service (these numbers do not include the 5% franchise fee) of $9 44 per month, as approved (2) That for the period beglnmng June 1, 1999, until May 31, 2000, the maximum permitted charge for installation and hourly servme (these numbers do not ~nclude the 5% franchise fee) of $34 96, is approved (3) For the period beginning June 1, 1999, until May 31, 2000, the maximum fee (these numbers do not melude the 5% franchise fee) for leased customer equipment of remote control - $0 37, non-addressable converter - $2 23, addressable converter - $3 63, advanced analogue converter - $3 63 per month, and changmg tiers - $2 00 ~s approved (4) In accordance wnth C2 Consulting Services, Inc's report, the City finds that digital converters are used to receive the basic service tier xn accordance with FCC regulations, {}76 923, that the City has a right to regulate rates charged for the use of this piece of equipment as a part of the basra cable service txer, and the City finds that the rates Marcus/Charter will use for digital converters are reasonable SECTION III Incorporation of Findings and Conclusions That the Findings and Conclusions set forth in Sections I and II of ttus resolution are found to be true and correct and are made a part of ttus resolution for all purposes SECTION 1V Orders for Action Based on the foregmng F~ndlngs and Conclusaons, the C~ty Council hereby enters the following orders adoptang the rates and requmng the following actions (1) Pursuant to current FCC regulations and applicable law, for the period commencing June 1, [999, until May 31, 2000, or until further order of the City, Marcus/Charter will be permitted to charge a maximum rate for the basic cable semce of $9 44 per month (these numbers do not include the 5% franchise fee) (2) Pursuant to current FCC regulations and apphcable law, for the period commencing June 1, 1999, until May 31, 2000, or until further order of the City, Marcus/Charter will be permitted to charge the following maxunum eqmpment and installation rates (these numbers do not mclude the 5% francluse fee) Page 3 Eqmpment & Installation Maximum Permitted Rt~te Hourly Service Charge $34 96 Equmment Charges Remote Control Converter (Addressable) Converter (Non-Addressable) Advanced Analogue Converter Changing Tiers $037 $363 $223 $363 $200 (3) Pursuant to current FCC regulations and applicable law, the City finds that digital converters are a regulated piece of equipment, that the current digital converter rental rates are reasonable, and that Marcus/Charter shall be and are required to file with the City Manager or his designee computations, records, and other supporting documents that demonstrate the maximum permitted rates for digital converter rental within six months of the effective date of this resolution (4) Tbas resolution shall not be reconsidered should any further analysis pursuant to future FCC roles and regulations result in or lnthcate higher rates to subscribers, unless such future FCC Rules and regulations mandate that the City order such an upward adjustment (5) The City Manager and the City Attorney, or their designees, are hereby authorized and directed to take action necessary to enforce the orders contained in this resolution, lnclu&ng, without hmltatmn, to execute and file with the FCC such certification form documents or other instruments or take any other actions as are now or hereafter may be required by the FCC rate regulations or applicable laws to enforce the rate mhng set forth herein, to defend this rate ruling in any appeal to the FCC, administrative proceeding or htlgatlon involving this matter (6) That Marcus/Charter shall fully comply with the Franchise and the recent case of Ct~y of Dallas v FCC, 118 F 3d 393 (5th Git 1997), which requires cable television franchise holder to make its franchise payments on all gross receipts, including money collected from and charged to customers that is ultimately allocated to pay the franchise fees (7) That the City Secretary is hereby directed to send a cemfied copy of this resolution to Marcus/Charter SECTION V That if any section, subsection, paragraph, sentence, clause, phrase or word in this resolution, or application thereof to any person or circumstances is held invalid by any court of competent junsdmtlon, such holding shall not affect the validity of the remmnmg portions of this resolution, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remalmng portions despite any such vahdlty Page 4 SECTION VI That the City Council has found and determined that the meeting at whmh this resolution is considered is open to the pubhc and that notice thereof was given m accordance with the provisions of the Texas Open Meetings Act, Tex Gov't Code ch 551, as amended SECTION VII. That this resolution shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED this the ATTEST~ JENNIFER WALTERS, CITY SECRETARY /~ ~--/J dayof b~ ,1999 ~¢'~-~' JA~;I~LER,-MAYOR APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 5 NeX Document NOTE Amended by Resolution No. R99-038 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 1999 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOP- MENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY TH~ 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 C~ty of Denton, Texas, ~s concerned w~th the development of viable urban commumt~es, mcludlng decent houmng, a statable hwng enwronment and expanded economm opportunlt~es, and WHEREAS, the C~ty of Denton, Texas, has a special concem for persons of low and moderate lncome, and WHEREAS, the C~ty of Denton, Texas, as a CDBG enUtlement City and a Home partmlpatlng junsdactaon, has prepared, through a c~tlzen participation process, a program for utd~zmg ~ts ent~tlament funds and program income m the approxanate amount of $1,791,977, and WHEREAS, mtlzen partlclpalaon requirements, xncluchng the holding of pubhc hearings, have been met, and WHEREAS, the Community Development Act of 1974 and the National Affordable Housing Act of 1990 require an apphcat~on and appropriate ce~ficat~uns included m the Consohdated Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the C~ty Council of the Clty of Denton, Texas, authorizes the C~ty Manager to mgn and submit to the Department of Housing and Urban Development an AeUon Plan and appropriate eertfficat~ons for entitlement funds under the Housing and Commamty Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended SECTION II. That the C~ty Council of the City of Denton, Texas, authorizes the Dtrector of Planning and Development to handle all fiscal and admmastraUve matters related to the apphcat~on, the Consohdated Plan and the cemficalaons SECTION m. That the City Secretary is hereby authorized to furmsh copies of flus resolution to all anterested pames SECTION IV. That tbas resolution shall become effecUve immediately upon its passage and approval J~I~ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY Page 2 1999 PROJECTS/ACTIVITIES CDBG AND HOME FUNDS The C~ty of Denton's total federal funding for 1999 ~s $1,771,977 Program funds have been allocated to an array of projects and actlwt~es to beuefit Iow and moderate ~ncome households Each project ~s described m detad from pages 8 to 30 and are arrauged by project number See the following hst of CDBG and HOME proposed projects and act~wt~es for thew assigned project and page number ProJect # Project Name Amouut Page 12 Adult Day Care of North Texas 12,00C 8 9 AIDS Serwces of North Texas 10,0012 9 3 DAHC* - Affordable Housing Opportumty Program 78,000! l0 2 DAHC* - Operating Costs 20,000 I 1 17 Demoht~on Program 15,000 12 I Dentou Commumty Development Administration 291,895 13 16 )enton Couuty MHMR Center 10,000 14 13 DISD TTRIPS 10,000 15 20 Duncan St Repave 37,000 16 4 Emergency Repmr Program 20,000 17 8 Fmrhaven Retirement Home 9,500 18 7 Famdy Healtb Center 20,000 19 II Gayla/Bridges Ut~hty hnprovements 414,620 20 5 Homebuyers Assistance Program 394,678 21 6 Homeowner Rehabd~tat~on/Opt~onal Reconstruction 281,662 22 10 HOPE, lnc 25,000 23 22 Interfmtb Muustnes 15,325 24 21 NeffSt Repave 39,200 25 18 PARD ASAS/TRAC Scbolarslups 15,0013 26 14 PARD King's K~ds Summer Playground 22,00C 27 15 PARD Owsley Summer Playground 14,00C 28 19 Reach, Inc 4,597! 29 23 I'WU Cares Healtb Center 12,500 30 1999 Total Funding Allocated to ProJects 1,771,977 1999 Funding Avadable (1,771,977) 1999 Uuprogrammed Funds 0I * Denton Affordable Ilousmg Corp Page 3 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 1999 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN JUNE 1999 TO THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE AFFORDABLE HOUSING ACT OF 1990, AS AMENDED, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton ~s concerned with the development of viable urban commumUes, ancludmg decent housing, a suitable hwng enwronment and expanded economic opportumtxes, and WHEREAS, the City of Denton as an entitlement c~ty under the Commumty Development Block Grant program and a parttelpatmg junsdactlon under the HOME Investment Partnerstups program, has prepared through a citizen pamcapatlon process, a plan for using its 1999 CDBG, HOME and program raceme fimdmg in the approximate amount of $1,771,977, and WHEREAS, the City of Denton wishes to rea]locate $98,000 m 1999 HOME funchng from a Commumty Housing Development Orgamzat~on set astde act~vaty to fimd~ng for the Denton Affordable Housing Corporation, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the C~ty Council of the C~ty of Denton, Texas, authorizes the C~ty Manager to submit to the U S Depathnent of Housmg and Urban Development (HUD) an amendment for the reallocatxon of funds ~n the 1999 Action Plan for Housing and Commumty Development that was prewously subnntted for a grant apphcat~on with appropriate assurances for CDBG and HOME funds under the Housing and Commumty Development Act of 1974 and the Affordable Housmg Act of 1990, as amended The amendment will prowde $98,000 to the Denton Affordable Housing corporation for affordable housing activities and operating costs SECTION 2 That the C~ty Council authonzes the City Manager or his designee to handle all fiscal and admm~stratlve matters related to the amended Action Plan SECTION 3 That save and except as amended hereby the prowslons of the 1999 Action Plan for Housmg and Commumty Development ~n June of 1999 to HUD shall remmn ~n full force and effect S~CTION 4 That th~s resolution shall become effective lmmedmtely upon ats passage and approval day of ,1999 JAC~ - ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 Amendment to the 1999 Action Plan for Housing and Community Development Th~s is a proposed amendment to the 1999 Action Plan for Houstng and Community Development submitted to the U S Department of Housing and Urban Development on June 15, 1999 The City of Denton wishes to reallocated $98,000 in HOME fundmg previously allocated to a Community Housing Development Organization (CHDO) set aside for the purpose ofpurehaslng, renovating and selhng affordable housing units The amendment proposes to realloeate HOME funding to the Denton Affordable Housing Corporation for use as follows $78,000 - Affordable Housing Opportunity Program, purchase and renovation of single family homes in existing neighborhoods Renovated homes will be sold to eligible first-time homebuyers Up to $73,000 may be used for rehabilitation of four umts in the Toledo Court project Toledo Court project costs may include rehabilitation and site improvements expenses $20,000- CHDO operating expenses Provision of funds for salaries, supphes, rent, telephone and other admlmstrative costs This reallocation of operating funds to the Denton Affordable Housing Corporation will reduce the City of Denton's required HOME match by $5,000 The amount of match required after amendment approval will be $112,000 Match will be provided from a variety of sourees such as the Federal Home Loan Bank of Dallas and the Denton Affordable Housing Corporation The reallocation of funds w~ll not affect other programs or projects Objective Increase the availability of affordable housing through construction end/or renovation of approximately 100 new units for low and moderate-income households Location Denton Affordable Housing Corporation, 303 N Carroll Blvd, State 108, Denton TX 76201 Any comments regarding the proposed amendment should be directed to the Community Development Division, City of Denton, 100 W Oak, Suite 208, Denton TX 76201, 940.349.7726 Comments must be received on or before July 31, 1999. S \Our Do~uments\Contracta\99\1999 Action Plan Amendment doc Note Note. Note Amended by Resolution No R99-023. Amended by Resolution No R99-032 Repealed by Resolution No R99-042 SOLUTIONNO A RESOLUTION ADOPTING LIMITATIONS ON ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR ESTABLISHMENT OF MULTIPLE-FAMILY DWELLINGS, IN- CLUDING DEFINITIONS, ESTABLISHING APPEALS AND EXCEPTIONS PROCE- DURES, PROVIDING FOR EXEMPTIONS, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Clty of Denton's zomng regulations, chapter 35 of the City Code of Or- dinances, pertaining to multiple-family dwellings do not dmtmgulsh between types of leasing arrangements, and, m particular, do not address separate leasing of bedrooms contained in a sin- gle dwelling umt, and WHEREAS, separate leasing of bedrooms contained In a single dwelhng umt increases potentially harmful extemalmes associated with multtple-famfly dwellings, such as traffic con- gestlon and population denmty, and WHEREAS, the City recently has received three zomng apphcahons for approval of multiple-family dwellings subject to separate lease of bedrooms contmned in a single dwelling unit, and WHEREAS, due to demand for multiple-family dwelhngs within the City of Denton it appears likely that more apphcations for approval of multtple-famfly dwellings subject to sepa- rate leamng of bedrooms contained in a stngle dwelhng unit will be received in the immediate future, and WHEREAS, the City 15 currently engaged m a process that will result in a new compre- hensive plan for the City of Denton, in which provision for all types of multiple-family dwellings will be addressed, and WHEREAS It m the City's intent to comprehensively revise the zoning regulations order to mlplement land use pohcles contained In the new comprehensive plan, and WHEREAS, the City has continued to recetve, process, and grant permits for multi- pie-family dwellings without the benefit of new zoning regulations, and WHEREAS, the City finds that the establishment of additional multiple-family dwellings subject to separate leasing of bedrooms contained tn a single dwelling unit, ~n the absence of new regulations that address such leasing arrangements, presents a present danger to the health, safety and public welfare of its citizens, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES ~ Findings The findings and declarations contained in the preamble to thts resolution are found to be true and correct and hereby are adopted and made a part hereof and shall be fully effective as a part of the subject matter of this resolution SECTION lI Intent (1) It is the purpose of this resolution to temporarily limit, except as otherwise pro- vided herein, the processing of multiple-family rezomng apphcat~ons and apphcatlons for multi- ple-family development penmts, an antlclpaUon of adoption of new regulations governing the estabhshment and location of multiple-family dwellings involving separate leasing of bedrooms in a single dwelhng trait, m order, to promote the pubhc health, safety and general welfare of the citizens of the Cxty of Denton It is not the intent of this resolution to deny development rights protected by federal or state statute or Constitution (2) It is the further the intent of the City of Denton to enact new zomng regulations governing the estabhshment, location of and standards affecting multiple-family dwellings an the most expedlt~OUS manner, and to consider any appeals to establish a multiple-family dwelling for the duration of thxs resolution on the basis of the criteria contained herein ~ D~finmons For purposes of this resolution (1) "Apartment" means a room or suite of rooms in a multiple-family dwelling ar- ranged, designed or occupied as a place of residence by a single-family, individual or group of indavlduals (2) "Apphcatlon for a multiple-family development permit" means an apphcatlon for a land use that ~ncludes a multiple-family dwelling, including wtthout hmltatlon apphcatlon for a detmled plan, prehmmary or final plat, s~te plan, or building permit that ~ncludes such use (3) "Dwelling umt" means a building or portion of a bmldlng whrch ~s arranged, oc- cupied or intended to be occupied as hying quarters and includes facihtles for food preparation and sleeping (4) "Multiple-family dwelhng" means any bmldlng or pomon thereof wluch is de- signed, bruit, rented, leased or let to be occupied as three (3) or more dwelling umts or apart- ments, or which is occupied as three (3) or more dwelling units or apartments or which ~s occu- pied as a,home or residence of three or more families The term "multiple-family dwelhng," includes the term "apartment house," as defined m section 35-3 of the City Code of Ordmances (5) "Multiple-family rezomng apphcat~on" means an apphcation for amendment of the City's zoning map to a classification that anthonzes multiple-family dwellings, including without hml- tation an apphcat~on for approval of a planned development distnct pursuant to Article IV, Chapter 35 of the Denton Code of Ordinances, together with accompanying concept plans, de- velopment plans or detmled plans, apphcat~on for approval of a development plan including a multiple-family dwelling submitted after establishment of a planned development district, apph- cation for approval of a detailed plan mclud~ng a multiple-family dwelhng submitted after estab- lishment of a planned development distnct but prior to approval of a development plan for the d~strict, or apphcat~on for approval of any multiple-family dwelhng district authorized under Chapter 35 of the Denton Code of Ordmances ("MF-R", "MF-I", or "MF-2") Page 2 ~ L~m~tat~on on Processan~ of Aovhcatlons (1) Except as otherwise provaded herein, after the effective date of, and extending for the durataon of th~s resolutmn, a City employee, officer, agent, bureau, department or commis- sion of the City shall not accept for fihng any apphcatlon for a multaple-famdy development penmt or a multlple-famdy rezonmg apphcatlon, nor take any action to process such apphcatmn, including but not hmated to acceptance of fees, review or evaluatmn of the apphcatlons, sched- uling for pubhc revaew or heanng, formulatmn of condatmns or issuance of prehmanary or final approvals of such apphcatlons (2) In the event that an apphcatmn for a multlple-famdy development permat or a multiple-family rezomng apphcatmn as submitted to the City, the apphcatmn shall be rettmaed, together with any proffered application fee, to the applicant with notlficatmn that the apphcataon will not be accepted for filing or further processing for the duration of this resolution (3) Any action taken by any City employee, officer, agent, bureau, department or commlssaon of the City to accept for filing or to further process an apphcat~on for a multi- pie-family development permit or a multlple-famdy rezonmg application after the effectave date of thru resolution hereby is deemed to be void and of no effect Unless rescinded, altered or extended by the City Council, this resolution shall continue an effect from the date of adoption hereof for a period of one hundred and twenty (120) days, or until such t~me as the Caty Council enacts zomng regulations addressing estabhshrnent of multa- ple-famaly dwelhngs subject to separate leasing of bedrooms contmned in a single dwelling unit, whachever first occurs ~ Apoeals (1) An apphcant for a multaple-famaly rezomng apphcatlon or multaple-famdy devel- opment permat subject to thas resolutaon, who is aggrieved by the City's decision not to accept for filmg or further process such apphcataon, may appeal for relief to the Caty Council The ap- peal shall be an wntang and shall be transmitted to the Office of Caty Attomey wlthm ten (10) days of the date of notfficataon that the permit application will not be accepted for fihng or be processed (2) The appeal shall be considered by the City Council wathln twenty (20) days of the date the appeal is receaved an the Office of Caty Attorney The City Council shall not release the applicant from the reqmrements of this resolutmn, unless the applicant first presents credible evidence from whmh the City Council can reasonably conclude that the delay in processing the apphcataon for estabhshment of a multiple-family dwelling deprives the applicant of a vested property right or deprives the apphcant of all economically viable use of has land (3) In demchng whether to grant rehef to the apphcant based upon such appeal, the City Council shall take into consideration the following Page 3 (a) the nature of the uses allowed by ex~stxng zomng, (b) whether the uses authorized under ex~mng zoning prowde economxcally vmble use of the land, (c) the degree to which the property owner may be damaged by the delay ~n procesamg the apphcatmn, (d) the hkehhood that sufficient rehef will be prowded to the apphcant fol- lowing adoption of new regulations governing estabhshment, locatmn of and standards affecting multiple-family dwelhngs, (e) the total expand~tures made m connectmn w~th the proposed development ~n rehance on prior regulations, (f) any fees reasonably prod ~n connection w~th the proposed use, (g) any representatmns made by the C~ty concerning the project and reasona- bly rehed upon to the detriment of the apphcant, and (h) whether the estabhshment of the mulUple family dwelhng ~n the absence of zomng standards and criteria that address multiple-family dwelhngs subject to separate leasing of bedrooms contmned w~th~n a single dwelhng umt jeopardizes the C~ty's health, safety or general welfare (4) The Cay Council may take the following actions (a) deny the appeal, m whxch case the apphcatmn shall not be accepted for filing or further processed, (b) grant the appeal, and d~reet that the Planmng D~rector, building officml or other officml responsible for rewew~ng the apphcatmn accept the apphca- tmn for fihng or process the apphcat~on further consistent w~th exxst~ng regulations, or (c) grant the appeal subject to condmons consistent w~th the purpose of th~s ordinance, and dxreet that the Planmng D~reetor, bufldmg officml or other officml responsible for rewew~ng the apphcat~on accept the apphcat~on for fihng or process the apphcat~on further consistent w~th ex~st~ng regula- tions (5) Development for winch rebel ~s granted by the Cay Council based upon such an appeal shall expire, and all clmms pertmnmg to vested rights or loss of economically wable use shall be deemed wmved, forfeited and vmd, xf the following condtt~ons occur Page 4 (a) an apphcatlon for approval of the residential development permit consis- tent with the City Council's decision is not filed within thirty days (30) of granting of such relief, or (b) the application subsequently is denied for fmlure to comply with existing regulations governing the permit, or (c) approval of the application has expired ~ Exceptions (1) An applicant for a multiple-family development permit or for a multiple-family rezonlng subject to the limitations in this resolution may apply to the City Council for an excep- tion to the terms of this resolution The request for exception shall be in wntmg and shall be transmitted to the Office of the City Secretary within ten (10) days of the date of notification that the application for a multiple-family development permit or multiple-family rezonmg apphcatlon will not be accepted for filing or further processed The request shall be accompanied by an un- conditional wmver of any clmm that the application has not been processed in accordance with any time limits established by law The request for exceptxon shall be considered by the City Council wlthm twenty (20) days of the date the request is received in the Office of the City Sec- retary (2) The City Council may grant an exception to the hmitatlons of this section only if the applicant presents credible evidence either that (1) the multiple family rezomng application is not for purposes of establishing a multiple-family dwelling or that (2) any multiple-family dwelling to be established is not subject to separate leasing of bedrooms contmned ~n a single dwelling unit In determlnmg whether to grant the exception, the Council shall consider (a) whether the establishment of the multiple-family dwellmg in the absence of zomng standards and criteria implementing policies pertmmng to multi- ple-family dwelhngs ~n the City's the proposed comprehensive plan jeop- ardizes the City's interests m preventing the improper location or density of such uses, (b) whether the apphcant is substantially disadvantaged by the delay in proc- ess~ng the proposed apphcation, (c) the smtabflIty of the proposed multiple-family dwelling in light of land uses allowed in the zoning districts on property adjacent to the proposed site, (d) the effect of the proposed multiple-family dwelling on the neighborhood of the proposed site, (e) the adequacy of water, wastewater, roadways and drainage facilities to serve the proposed development, Page 5 (f) the measures proposed to be taken by the apphcant to prevent negative ~mpaets of the proposed multlple-famdy dwelling on the neighborhood m which the use is to be located, and (g) the hkehhood that any restrictions proposed or ~mposed on the establish- ment of multiple-family dwelhngs w~thm the proposed zoning classffica- tlon or the separate leasing of bedrooms contmned m a single dwelling umt can be enforced ~n the absence of new zomng regulations addressing the impacts of multlple-famdy land uses (3) The C~ty Council may take the following actions (a) deny the request for exception, ~n which case the apphcat~on shall not be accepted or further processed, (b) grant the request for exception, and d~rect that the Planmng Director, bmldmg official or other officml responsible for rewewmg the apphcat~on accept the apphcat~on for fihng or process the apphcatlon further consis- tent with existing regulations, or (c) grant the request for exception subject to conditions consistent with the purpose of this section and the criteria contmned herein, and d~rect that the Planning Director, building official or other official responsible for re- viewing the apphcatlon accept the apphcat~on for filing or process the ap- phcat~on further consistent w~th existing regulations SECTION VIII. Severabfllty The terms and provisions of this resolution shall be deemed to be severable and if the va- hdlty of any section, subsection, sentence, clause or phrase of th~s resolution should be declared to be invalid, the same shall not affect the vahd~ty of any other section, subsection, sentence, clause or phrase of this resolutxon SECTION IX Effective Date Ttus resolution shall become effective upon its passage and ~ts approval is accordingly resolved PASSED AND APPROVED this the / ~'~Z~ day of ~ ,1999 JAC~ P~e6 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 7 RESOLUTION N A RESOLUTION AMENDING RESOLUTION NO K99-022 ADOPTING LIIVIITATIONS ON ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR ESTABLISHMENT OF MULTI-FAMILY DWELLINGS TO PROVIDE FOR AN EXEMPTION FOR PENDING APPLICATIONS FOR A BUILDING PERMIT FOR MULTI-FAMILY DWELLINGS, PROVIDING A SEVEKABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, since the passage of Resolution No R99-022, adopting hniitaUons on acceptance and processing of apphcations for establishment of multi-famdy dwellings, it has come to the attention of the City Council that there are several multi-family dwelling developments which have pending building perrmt applications, and WHEREAS, the C~ty Council deems it in the public interest to create an exemption fi.om the requirements of Resolution No R99-022 for projects that have such pending building permit applications, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES Resolution No R99-022 IS hereby amended by providing a new gF. CTIOi',LI That ,,- - --" which shall read as follows ~, .... ,, c...owln~, Section VIII l~xcepnon~ , Section LK l:xempuw~ '"" o ' ~ ~ The provxsions of this resolution shall not apply to any apphcat~on for a multi-familY development permit for which mi associated apphcatlon for a building permit was accepted for fihng prior to the effective date hereof ~ That Resolution No R99-022 is further amended to renumber Section IX " Section X, and Section X "Effective Date" to Section XI "Severablhty to ye and except as amended hereby, all the remaimng sections, SECTION III That sa ....... "'uon No R99-022 shall remmn subsections, paragraphs, sentences, clauses, ana pnrases ox in full force and effect t if an section, subsection, paragraph, sentence, clause, phrase, or Tha Y ce is held invalid by ~ ' ' to an erson or circumstan word in this resolution, or apphcatton thereof Y P of the rematmng any court of competent jurisdiction, such holding shall not affect the validity portions of this resolution, and the City Council of the C:ty of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity ~ That this resolution shall become effective ~nunedlately upon its passage and approval PASSED ~ APPROVED thls the ~ ~day of ~, 1999 c~ . ATTEST JENNIFER WALTERS, CITY SECRETARY Page 2 A RESOLUTION AMENDING RESOLUTION NO R99-022 ADOPTING LIMITATIONS ON ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR ESTABLISHMENT OF MULTI-FAMILY DWELLINGS TO PROVIDE FOR ADDITIONAL EXEMPTIONS FOR PENDING APPLICATIONS FOR PERMITS FOR MULTI-FAMILY DWELLINGS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, s~nce the passage of Resolution No R99-022, as amended - adopting hmitattons on acceptance and processing of apphcatlons for establishment of multi-family dwellings - it has come to the attention of the C~ty Council that a number of multi-family projects winch Council d~d not mtend to encompass wninn the Moratorium have been affected, and WHEREAS, the Ctty Council deems ~t ~n the pubhc ~nterest to create addltmnal exemptions from the reqmrement of Resolutxon No R99-022 for projects that have pending permits or have reached the pubhc heanng stage at the Planning and Zoning Commission, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES S;ECTION 1 That Resoint~on No R99-022, as amended, ~s hereby amended by amending Section IX "Exemptions" to renumber ~t as SecUon VIII "Exemptions" and to have ~t read as follows ~ Exemptions The provis~ons of this resolution shall not apply to (1) any apphcaUon for a multi-family development permit for winch a prehmmary plat or bmldmg penmt apphcat~on was approved and remmns m effect, or for which an apphcat~on for prehrmnary plat or bmlchng penmt was accepted for fihng prior to the effecttve date hereof, June 1, 1999, or (2) any application for a mulU-fam~ly rezomng for winch a public hearing before the Planning and Zomng Commission has been held and the Conumsslon's recommendation has been dehvered to the C~ty Council prior to the effective date hereof, June 1, 1999 ~ That Resolution No R99-022, as amended, ~s further amended to renumber SecUon X "Severabthty" as Section IX, and Section XI "Effective Date" as Section X "Effective Date" SECTION 3 That save and except as amended hereby, all the remmmng secttons, subsecttons, paragraphs, sentences, clauses, and phrases of Resolutton No R99-022 shall remmn ~n full force and effect SECTION 4 That tfany section, subsectton, paragraph, sentence, clause, phrase or word tn thts resolution, or apphcatton thereof to any person or ctrcumstance ~s held tnvahd by any court of competent junsdtctton, such holding shall not affect the vahd~ty of the remmmng portions of thru resolution, and the Ctty Councd of the Ctty of Denton, Texas hereby declares tt would have enacted such rematnmg portions despite any such vahd~ty SECTION 5 That tfus resolution shall become effecttve tmmedmtely upon tts passage and approval PASSED AND APPROVED this the ~7~0~- day of (~~ ,1999 JA~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 F kshared\dept\LOL\Our Documents\Resolutt ons\gg~Lirntts On Acceptance Resolutton doc CONSIDER APPROVAL OF A RESOLUTION RESCINDING THE "LIMITATIONS ON ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR ESTABLISHMENT OF MD-LTIPLB FAMILY DWELLINGS" BY REPEALING RESOLUTION R99-022, RESOLUTION K99-023 AND RESOLUTION R99-032, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on June 1, 1999 Resolution No R99-022 was passed by the City Coune,1 to temporarily hmlt the acceptance and processing of apphcatlons seePang to estabhsh multiple- family dwellings until the City could adopt amendments to Chapter 35 (Zomng) of the Code of Ordinances of the C~ty of Denton and/or adopt a new comprehensive plan to regulate traffic congestion and populatmn density that may muse from the separate leasing of bedrooms contmned in a s, ngle dwelling umt, and WHEREAS, Resolution No R99-023 was adopted on June 8, 1999 and Resolution No R 99-032 was adopted on Iuly 20, 1999 amending Resolutmn No R 99-022, and WHEREAS, the C~ty Council is cons~denng amendments to Chapter 35 of the C~ty Code and ~s now prepared to adopt a new comprehensive plan that will resolve certmn of the concerns raised by R99-022, as amended, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HBREBY RESOLVES ~ That Resolution No R99-022, as amended by Resolutmn No R99-023 and Resolutmn No R 99-032, that provided a hm~tation on the acceptance and processing of apphcatmns seeking to establish mulUple-famfly dwellings, ~s hereby rescinded and repealed ~ That ttus resolution shall become effective mediately upon its passage and approval PASSED AND APPROVED tlus the 7~day of~,1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPKOVED AS TO LEGAL FOtLM HERBEKT L PKOUTY, CITY ATTOKNEY Note Amended by Resolution No. R99-032 Note Repealed by Resolution No. R99-042 A RESOLUTION AMENDING RESOLUTION NO R99-022 ADOPTING LIMITATIONS ON ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR ESTABLISHMENT OF MULTI-FAMILY DWELLINGS TO PROVIDE FOR AN EXEMPTION FOR PENDING APPLICATIONS FOR A BUILDING PERMIT FOR MULTI-FAMILY DWELLINGS, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, mnee the passage of Resolution No R99-022, adopting hmltatlons on acceptance and processing of appl, catlons for estabhshment of multi-family dwellings, it has come to the attent, on of the City Cotmml that there are several multi-family dwelling developments whmh have pending bmldmg permit apphcat~ons, and WHEREAS, the City Council deems ~t in the public ~nterest to create an exemption fiom the reqmrements of Resolution No R99-022 for projects that have such pending bmldmg permit apphcat, ons, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES T~E__C.~O_~ That Resolution No R99-022 m hereby amended by prowd~ng a new Sectmn IX "Exemptions" following Section VIII "Exceptmns", which shall read as follows SECTION IX. Exemptions. The prowmons of this resolutmn shall not apply to any apphcat~on for a mulU-famfly development penmt for which an associated apphcat~on for a building permit was accepted for filing prior to the effective date hereof SECTION ~ That Resolution No R99-022 is further amended to renumber Section IX "Severabfllty" to Section X, and Section X "Effective Date" to Section XI S;ECTION nI That save and except as amended hereby, all the remmmng sectmns, subsections, paragraphs, sentences, clauses, and phrases of Resolution No R99-022 shall remmn in full force and effect ~ That ~f any section, subsection, paragraph, sentence, clause, phrase, or word m this resolution, or apphcatton thereof to any person or mrcumstance m held mvahd by any court of competent junsdmtlon, such holding shall not affect the vahrhty of the remmmng portions of thru resolution, and the C~ty Council of the C:ty of Denton, Texas hereby declares it would have enacted such remalmng port~ons despite any such validity ~ That thru resolutaon shall become effective ~mmcdmtely upon ~ts passage and approval ATTEST JENNIFER WALTERS, CITY SECRETARY Page 2 A RESOLUTION AMENDING RESOLUTION NO R99-022 ADOPTING LIMITATIONS ON ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR ESTABLISHMENT OF MULTI-FAMILY DWELLINGS TO PROVIDE FOR ADDITIONAL EXEMPTIONS FOR PENDING APPLICATIONS FOR PERMITS FOR MULTI-FAMILY DWELLINGS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, since the passage of Resolution No R99-022, as amended - adopting limitations on acceptance and processing of apphcatlons for estabhshment of multi-family dwellings - ~t has come to the attention of the C~ty Council that a number of multi-family projects which Courted did not ~ntend to encompass within the Moratorium have been affected, and WHEREAS, the City Council deems ~t in the public interest to create additional exemptmns from the requirement of Resolution No R99-022 for projects that have pending permits or have reached the pubhc heanng stage at the Planning and Zoning Commission, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That Resolution No R99-022, as amended, is hereby amended by amending Section IX "Exemptions" to renumber it as Section VIII "Exemptmns" and to have it read as follows SECTION VIII Exemotmns The provisions of th~s resolution shall not apply to (1) any apphcatmn for a multi-family development permit for which a prehnunary plat or building permit apphcatton was approved and remmns in effect, or for which an apphcatlon for prehmmary plat or budding permit was accepted for fihng prior to the effective date hereof, June 1, 1999, or (2) any apphcatlon for a multi-family rezonlng for which a pubhc heanng before the Planning and Zomng Commission has been held and the Commissmn's recommendatmn has been delivered to the C~ty Council prior to the effective date hereof, June l, 1999 ~ That Resolutmn No R99-022, as amended, is further amended to renumber Section X "Severablhty' as Section IX, and Section XI "Effective Date" as Section X "EffecUve Date" SECTION 3 That save and except as amended hereby, all the remmmng sections, subsections, paragraphs, sentences, clauses, and phrases of Resolutmn No R99-022 shall remmn tn full fome and effect SECTION 4 That tf any section, subsection, paragraph, sentence, clause, phrase or word tn this resolution, or apphcat~on thereof to any person or ctmumstance ~s held ~nvalld by any court of competent junsdmt~on, such holding shall not affect the validity of the remmmng portions of th~s resolution, and the C~ty Council of the C~ty of Denton, Texas hereby declares ~t would have enacted such remalnmg portions despite any such vahd~ty SECTION 5 That th~s resolution shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED this the ~t~-~day of ~~ ,1999 JA~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 F ~hared\dept\LOL\Our Docum~nts~R~solutmns\99\L~m~ts On Acceptance P~solutmn doc =SOLUTION NO CONSIDER APPROVAL OF A RESOLUTION RESCINDING THE "LIMITATIONS ON ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR ESTABLISHMENT OF MULTIPLE FAMILY DWELLINGS" BY REPEALING RESOLUTION R99-022, RESOLUTION R99-023 AND RESOLUTION R99-032, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on June 1, 1999 Resolution No R99-022 was passed by the City Council to temporarily hm~t the acceptance and processing of apphcatlons seekang to establish multiple- family dwellings until the City could adopt amendments to Chapter 35 (Zomng) of the Code of Ordinances of the C~ty of Denton and/or adopt a new comprehenmve plan to regulate traffic congestion and population denmty that may arise from the separate leasing of bedrooms contmned m a single dwelling umt, and WHEREAS, Resolution No R99-023 was adopted on June 8, 1999 and Resolution No R 99-032 was adopted on July 20, 1999 amending Resolution No R 99-022, and WHEREAS, the City Council is conmdenng amendments to Chapter 35 of the C~ty Code and is now prepared to adopt a new comprehenmve plan that will resolve certmn of the concerns rinsed by R99-022, as amended, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES ftKQT, iQ~N_J_ That Resolution No R99-022, as amended by Resolutaon No R99-023 and Resolution No R 99-032, that provided a hmltatmn on the acceptance and processing of applications seeking to establish multiple-family dwellings, is hereby rescinded and repealed E TI~_QT!.O..!~ That ttus resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED ttus the 7 ---'Lt~ day of _~-~J~g~.~2_, 1999 JAC~LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FOR1Vi HERBERT L PROUTY, CITY ATTORNBY F \shared~dept\L~L\Our Doeurnents~Resolut mn s\99\Re s~rve ?ohee Appointments doe A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE APPOINTMENT OF THE RESERVE POLICE OFFICERS LISTED IN THE RESOLUTION WHEREAS, SeeUon 341 012 of the Texas Local Government Code reqmres that the Cny Council approve persons appmnted to the Pohee Reserve Force before those persons may carry a weapon or otherwise act as a peace officer, and WHEREAS, the C~ty Cotmefl deems ~t to be m the best interests of the pubhc safety and security of the cmzens of Denton to authorize members of the Pohce Reserve Force to exercise the full authority allowed by statute, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ The following members of the Pohce Reserve Force are hereby approved Robert Beadle Chuck Kull Charles Beavers Paul Leshe Art Behrens Byron P~echowsk~ Mark Courson M~ke Qumtero Ron Hull Ron Keaton Mike Hupp Shawn Fuller Kewn V~ce Mltch Manmng ~ The members of the Pohce Reserve Force approved m Section I may carry weapons only when authorized by the Chief of Pohce and when d~scharg~ng official duties as duly constituted peace officers ~ Tfus Resolution shall be effective immediately upon its passage and approval PASSED AND APPROVED tbas the/,~day of (')~ ,1999 JA~I~I'ILLER, MAYOR F ~shared\dept\LOL\Our Documents\Resolutlons\99\Reserve Pohce Appointments doc ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY NOTE Amended by Resolution No R2000-005. P~SOLUTION NO X~-- ~ff-' A RESOLUTION ADOPTING THE FRY ST~ET SMALL ~A PLAN FOR ~COMME~ATIONS ~ ~PLEMENTATION ACTIONS FOR ~A IMPROVEMENTS, ~ PKOVID~G ~ EFFECTIVE DATE ~E~AS, ~e C~ty of Denton m fo~ulat~ng a new comprehenswe pl~ m be ~opted by the C~ty Co.cfi, ~d ~E~AS, the Compreh~mve PI~ will set a ff~ework for pl~n~ ~d strate~ developm~t for ~e ~e C~ of Denton, ~d a small ~ea pl~, t~ou~h the Small ~ea Plying Pro~, will supplement ~e comprehenmve pl~ with more detml necessa~ to guide eve~day com~W development deelmons, ~d ~E~AS, the Caw Co~cfl adopted the Small ~ea Plying Proem ~d authorized the ~nat~at~on ora small ~ea pl~ for the FU S~eet ~ea on J~u~ 6, 1998, ~d ~E~AS, ~e FU S~eet Small ~ea Pl~ xs ~e first m a series of specific commmty plus to build on ~e work of the compreh~mve pl~, which is cu~ently ~der rewew, ~d ~E~AS, ~ou~ a rewew process w~th FU S~eet ~ea remdents, business omers ~d o~er ~ea st~eholders, a ~mework ofreco~endat~ons on fu~e l~d use, ~spo~at~on ~d pubhc,~mprovements has been fomulated to assmt w~ ~t~e dec~mon-m~ng ~d case-by- ease development of the F~ S~eet ~ea, ~d ~E~AS, ~e F~ Street plying ~ea m ~dent~fied as ~e ~ea bonded by Welch Street to the east, O~ S~eet to the no~, Avenue B to the no~hwest, Avenue A to the sou~west ~d Mulbo~ S~eet to ~e south, ~d THE CITY CO~CIL OF THE CITY OF DENTON, TE~S HE.BY ~SOLVES Sectaon I ~at the D~ton C~ty Co~cfl Mopts the FU Street Small ~ea Pl~ ~d ~ts reco~daUons Section IL That th~s resolution shall become effective ~mmed~ately upon ~ts passage ~d approval P~SSEDA~PROVEDonth~sthe 15 dayof J~e , 1999 ATTEST JE~IFER W~TERS, CITY SEC~T~Y ~PROVED AS TO LEG~ FO~ HE~ERT L PROUTY, CITY ATTQ~EY By ~~ ~ ~ ~ t,COmmission SnmllAren Plnn Division SMALL AREA PLANNING Small area planning is an effective way for citizens to become actively involved in municipal government and the future growth and development of their community. Small area plans are produced to address areas m greater detail than the comprehensive plan and to cover existing characteristics, trends, issues and opportunities for an area. A series of specific community plans are proposed to supplement the comprehensive plan with more detail necessary to guide everyday community development decisions. The following small area plans have been completed and adopted: 1. The Fry Street Small Area Plan Adopted June 15, 1999 For information on small area planning, please contact. City of Denton Planning and Development Department 221 N. Elm Denton, Texas 76201 (940)349-8350 =SOLUTION NO gO'- A RESOLUTION ADOPTING THE FRY ST~ET SMALL ~A PLAN FOR ~COMME~ATIONS ~ IMPLEMENTATION ACTIONS FOR ~A IMPROVEMENTS, A~ PROVID~G ~ EFFECTIVE DATE ~EREAS, the C~ty &Denton ~s fo~ulatmg a new comprehensive plan to be adopted by the C~ty Couned, and WHE~AS, the Comprehensive Plan wdl set a framework for pla~ng and strategy development for the entire Ctty of Denton, and a small area plan, through the Small ~ea Planmng Program, will supplement the comprehensive plan w~th more detml neeessa~ to grade eye.day commumty development decisions, and ~E~AS, the C~ty Courted adopted the Small Area Planmng Program and authorized the mttmtmn ora small ~ea plan for the F~ Street ~ea on Janua~ 6, 1998, and ~E~AS, the F~ Street Small ~ea Plan ~s the first ~n a series of specffic commumty plus to braid on the work of the comprehensive plan, whmh ~s cu~ently under rewew, and ~E~AS, t~ough a remew process wtth F~ Street area residents, business owners and other area stakeholders, a framework of recommendations on futura land use, tr~spo~at~on and pubhe ~mprovements has been fo~ulated to assist w~th future decision-making ~d case-by- case development of the F~ Street ama, and ~E~AS, the FU Street pla~mg area ~s ~dentffied as the area bounded by Welch Street to the east, Oak Street to the north, Avenue B to the no~hwest, Avenue A to tho southwest and Mulbe~ Street to the south, and THE CITY CO~CIL OF THE CITY OF DENTON, TEXAS HE.BY ~SOLVES Section I That the Denton C~ty Councd adopts the F~ Street Small Area Plan and ~ts recommendations Section II That this resolution shall become effecttve ~mmedlately upon ~ts p~sage and approval PASSED A~ APPROVED on thts the 15 day of June . 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY , ~PROVED AS TO LEGAL FO~ HE~ERT L PROUTY, CITY ATTORNEY FRY STREET SMALL AREA PLAN Denton, Texas An Element of the Comprehensive Plan of the City of Denton June 1999 Approved Planning and Zomng Conumss~on, June 9, 1999 Adopted C~ty Counetl, June 15, 1999 ACKNOWLEDGEMENTS CITY COUNCIL PLANNING & ZONING COMMISSION Jack Mdler, Mayor Jim Engelbrecht, Chair Rom Beasley Carol Ann Ganzer, V~ce Chmr Mark Burroughs Susan Apple M~ke Cochran Ehzabeth Oour&e Neff Dmrance Rudy Moreno Sand~ Knstoferson Bob Powell Carl G Young, Sr Salty Pashel Mdce Jez, City Manager FRY STREET STAKEHOLDERS Fry Street Area Merchants Property Owners G-nggs Bennett, The Corkscrew Curtis Loveless J D Altman, Voertman's Bookstore Omar Bjelde Lou Delaney, Lucky Lou's A1 Camp and Grace Temple Baptist Church Fry Street Development Corporation (FSDC) University of North Texas (UNT) Bill Stonebumer, President Fred Pole, V P of Admnnstrat~ve Affmrs Amta Bruno, Treasurer/Secretary Mike Amador, UNT Pohce Delto Lodge Residents Todd KaA~tad Margaret Johnston Cnng Watt FRY STREET TEAM (CITY STAFF) Planning & Development Solid Waste David M Hdl, Director Howard Martin, Assmtant C~ty Manager Dedra Ragland, Small Area Planning Manager Charhe Watluns, D~rector Mlchelle Lazo, Small Area Planner I Billy Sprabeary, Operations Manager Nancy Baker, Rehabthtat~on Specmhst Rodney Patterson, Consumer Health Inspector Parks & Recreation Ed Hodney, Director Engineering & Transportation Jerry Clark, D~rector Denton Police Department Bryan Shemeb, Eng~neenng Associate Chief Gary Matheson Lieutenant Tom Woods Main Street Sergeant Scott Fletcher Juhe Glover, Coordinator Officer Mdce Beutner Electrical Engineering Don McLaughhn, Senior Electrical Engineer TABLE OF CONTENTS ACKNOWLEDGEMENTS I INTRODUCTION .... TH~ R~V~W PROCESS 1 PROJECT GOALS AND OBJEUrIVES 1 REL~T~ONSHI~ TO THE COMPREHENSWE PLAN 3 HOW TO USE THIS DOCUmeNT 3 1I. AREA BOUNDARIES AND OVERVIEW ............... 4 LOCATION 4 HISTORY 7 III EXISTING,CONDITIONS .............................. 10 IMPACT AR~A 10 DEMOGRAPHICS AND SOCIOECONOMIC PROFILE 10 Populatton 10 Housing , 10 $octo-£co~ornfc Characteristics 12 FRY STREE? STUDY AREA 12 LAND USE 12 ZON~NO 14 BUILDINO AND D~'ELOPb~q~IT ACTIVITY 14 PARKINO 16 TRAFFIC CIRCULATION 17 1V. AREA ISSUES AND l~NDINGS IDENTIl~I~I) .................................. 22 CITIZEN PARTICIPATION REVIEW 22 STAICEHOLDER IDENTIFIED AREA ISSUES AND CONCERNS 24 Samtut~on/$olfd W~te $er~f¢~ 26 Parking and ~Hj~¢ 30 Socml Off~ns~s/Saf~ty 32 ,41¢ohol and Drugs 32 Prop~r~y MHfnt~nHn¢~ 33 STAKEHOLDER IDENTI~'II~ AREA STRENGTHS 34 SHfety 34 D~v~rsfty 34 .4r~en~t~s/ Proxfmffy 35 R~tad $~r~¢~ 36 Cultural ld,,ntlty 37 V COMMUNITY REVITALIZATION AND RESTORATION ..... 38 REWTAL~ZATION GOALS 38 STAKEHOLDER IDE~ r~ STRATEO~ES 39 RECOMMENDATIONS AND II~LEMENTATION ACTIONS 41 VI CONCLUSION .......................... 60 11 LIST OF TABLES AND FIGURES FIGURE 1 Fry Street Small Area Plan Planning Process 2 FIGURE 2 Fry Street Study Area Boundary, City Context 4 FIGURE 3 Fry Street Study and Impact Areas 5 FIGURE 4 Fry Street Study Area, Merchant Shops 6 TABLE I Impact Area Demographics (Block Group Profile) 11 FIGURE 5 Existang Land Use 13 FIGURE 6 Ex~stmg Zomng 15 FIGURE 7 Ex~stlng On-Street Parking 18 FIGURE 8 Ex~stmg Public and Private Parkmg Opportunities 19 FIGURE 9 Existmg C~rculat~on Patterns 21 FIGURE 10 Analysis of Physical Concerns 25 FIGURE 11 Solid Waste Collection 28 FIGURE 12 Utility Poles and Street Lights 29 TABLE 2 Solid Waste Service, Centralized Container Comparisons 44 FIGURE 13 Solid Waste Collection, Centralized Contamer Proposal 47 FIGURE 14 UNT Parking Control Proposal 49 FIGURE 15 Traffic Improvement Plan Proposal 53 TABLE 3 Traffic Reconfigurat~on Options 54 TABLE 4 Zoning and Implementation Actions 61 111 L INTRODUCTION The Review Process Small area planmng is a process that prowdes analysis, recommendations, and implementation guidelines for a specific area of Denton A small area planning document Is produced to address areas in greater detml than the comprehensive plan and to cover existing characteristics, trends, Issues, and opportunities for the area Through a review process with residents, business owners and other stakeholders m a specific area, a framework of recommendations on future land use, transportation, and public improvements are formulated Tlus framework will assist decision-makers m making decisions and will guide the case-by-case development of an area A small area plan may be for a neighborhood, a business district, a corridor, or a new public facility site Requests for small area plans may come from many sources including City Council, the Planning and Zomng Commission, the Denton Policy Committee (DPC), and cmzens Once a conceptual small area planmng document is developed and presented for public comment, it will be forwarded to City Council for rewew and adoption by resolution Cmzens are revolved m the small area planning process from the earliest stages Cit~zans have the best understanding of the strengths and weaknesses of tbeut neighborhood The small area plaunmg process provides citizens with an opportumty to present reformation and facts to the City Council, Planning and Zomng Commission, and other appointed boards and commissions The development of small area plans allows the public an opportimity to become better educated about the planning process Because small area planning is an interdisciplinary approach to planning, it also relies on the cooperation of all City of Denton deparhuents and other governmental entitles However, the success of any small area plan depends on the involvement of rasldents, business owners, landowners and other stakeholders Refer to Flgure l, p.2. Project Goals and Objectives There are a number of guals and objectives for the small area planning process The goals and objectives relate to the planning process and not the actual plan They are · Assist residents and busmessas m developing priorities and strategies to stimulate rewtahzatlon and remvestment m the area · Involve citizens m a community planning process that fosters active participation and leaderslup · Present existing conditions and trends to provide a picture of the planning area · Identify strengths and concerns of residents, merchants and other stakeholders within the area · Enable stakeholders to share ideas and suggestions about their commumty · Promote understanding of the process and enthusiasm for further participation m later stages of problem solving and plan implementation FIGURE 1: FRY STREET SMALL AREA PLAN PLANNING PROCESS Relationship To The Comprehensive Plan Thc Fry Street Small Area Plan is thc first m a series of speclflC community plans to bmld on the work of the Denton Comprehensive plan, which is currently under review The comprehensive plan sets a framework for planning and strategy development for the entire City of Denton The small area plans supplement tho comprehensive plan with more detail necessary to guide everyday community development decisions [iow To Use This Document This document is the Fry Street commumty's image of its future It was prepared w~th the involvement and help of the community Neighborhood residents, bnsmess patrons, property owners, visitors and business people shared their evenings and afternoons to help craft a meaningful document This plan represents their combined efforts to enhance and preserve the Fry Street area As a response to issues identified by the community, this plan represents a determination to pursue goals and visions established by and for the Fry Street study area The goals lay the foundation for achievmgthekmdofcommumtythisplanenvlslons This plan contams 19 goal statements, which deal with solid waste services, transportation, safety, commumty aesthetics and character, culture and the neighborhood These goal statements identify what the commumty wants to achieve Because goals cannot be achieved without a clearly defined plan of action, this plan also contains recommendations that identify the course of action necessary to aclueve the commumty's goals Furthermore, to help ensure accountabihty for implementation of the recommendations, an organization or agency has been assigned responsibility and is identified in the implementation section of flus document This document should be used to help guide public and private development and remvestment decisions made m the City of Denton's Fry Street area over the next several years These decisions must contmue to derma, shape and improve the character of the Fry Street area and positively affect its snstamabthty This plan includes · A briafhistory of the Fry Street area's development · A review of existing conditions m the Fry Street area · Recommendations to facilitate area improvements · An "action plan" identifying specific prelects end funding sources for area nnprovements In order to foster commumty-wide support and effective maintenance of the plan and its goals, continued involvement of area stakeholders and Denton citizens is critical All Denton residents must know that the concerns and issues addressed m this plan are not solely concerns and problems of the Fry Street area, separable from the rest of Denton They are everyone's concern The Fry Street plan Is designed to provide realistic and feasible recommendations for the revitalization of the area However, to be realistic, the plan recogmzes the limitations of public financmg resources and the need for new partnerships between public agencies and the commumty, in which the commumty takes a greater responsibility for its revitalization 3 1I. AREA BOUNDARIES AND OVERVIEW Location The ~mt~al stage of the plan's development ~nvolved a survey created by the Small Area Planmng staff that asked merchants, residents, property owners and customers to ~dentlfy the Fry Street study area boundary The results of the boundary survey indicated that the Fry Street Devalopment Corporation's boundary would be the plan's study area Staff agreed that a larger area covering Census Tracts 207 and 210, both block groups 1 and 2 would be designated as the area impacted by the small area plan reconunendatlons Th~s impact area ~s also the notification area and includes the Oak/H~ckory H~stonc D~smct and UNT Refer to Figure 2-4, pgs 4-6. For purposes of th~s study, the Fry Street planmng area ~s defined as the area bounded by Welch Street to the east, Oak Street to the north, Ave B to the northwest, Ave A to the southwest and Mulberry Street to the south The Fry Street plannmg area ~s approyamately ~A mde from downtown Denton, Texas and th~s area contmns approximately 12 42 acres Geograptucally, the terrmn of the plan area slopes to the southeast to Garza-L~ttle Elm Reservmr Refer to Figure 4, pg. 6. FIGURE 2 FRY STREET STUDY AREA BOUNDARY, CITY CONTEXT 4 And Areas History A lustory of the Fry Street area's development is closely associated w~th the early beg~rmings of the University of North Texas In 1891, the Texas Normal College, known today as The Umverslty of North Texas, opened its first building m the Fry Street Area Hickory Street bound the original campus on the north, Sycamore Street on the south, Avenue B on the west end Avenue A on the east There were nearly 185 students attending at tim time Residential development m the Fry Street area (mainly Oak and Hickory Streets) is slgmficant to Denton's tustory end was impacted by the Umversity of North Texas campus The first major residential area of Denton is believed to have been south of the square The second, dunng the 1880s, was east of the square, between the square and the new rmlroad The tlurd, greatly influenced by the presence of the Texas Normal College, occurred between the square and the new campus, down Oak end Hickory Streets and included today's Fry Street area A few elaborate houses end churches existed m the area, however by the 1900s and after, the most attractive new residential area, which included the more elaborate houses m Denton, was west of the square end around the Fry Street area Another influence on the attractive residential development of this area was the Denton Fmr Associat~on, which was orgamzed on May 16, 1895 The Fmr Assocmtion acqmred a tract of lend for the fmr grounds wtuch occupied roughly the area between Welch Street and Avenue A end extended southward from West I-hckory Street to Mill Street There were almost no homes west and south of the fmr grounds before 1900 After the Normal College became a state mstitution there was increased demand for braiding lots m the neighborhood of the College The Denton County Faut Association abendoned the grounds and the lend was sold as residential lots After that, many new homes were bmlt m the n~lghborhood By 1909, West Oak and Hickory Streets had become the favorite area for fine palatial homes and soon thereafter had more residences than the older parts of tbe town This area of posh homes along West Oak end Hickory Streets ~s referred to as the Oak-Hickory Historic District Wlule mfluencmg upscale residential development m the area surroundmg the college and west of the square, UNT's presence also brought about u'reversible changes to the residentml mtegnty end character of the ue~ghborhoods m the of the Oak-Hickory area Wlule the exact date is not known, a number of the houses on Oak end Hickory Streets m the Fry Street area were tom down end a number of commercial establishments had began to infiltrate the area between Carroll Boulevard end Welch Street Changes m UNT's student body enrollment also affected changes m the residential make-up end character of the area By 1901, the student body had risen to 781 and by 1923, the school's population had increased to 4,736 As student enrollment continued to rise, the demend for student services also grew In order to meet this demand, busmass houses for college trade were established along Avenue A end Hickory Streets m what would later be referred to as the Fry Street Area This area consisted mostly of commercial development between Oak and Hickory from Welch to Avenue C, end mteuslve, privately owned, student apartment developments Today, the Fry Street area is primarily commercial Voerh~Len's Teacher College Store opened along Hickory Street m 1925 This three-story bmldmg originally served as a boarding house for female students Voertmen's and the Eagle Drugstore, located near the comer of Avenue A end Hickory were popular student hangouts in the 1940s Today, Voeaman's IS a well-estabhsbed commercml anchor operating m the area as a college bookstore Undeveloped lots were numerous along FU Street ~d were eventually developed into stall corner grocery stores, drug stores and various , eating estabhshments ~' By the 1940s, there were a few homes remmnmg along Avenue A between H~ckory and Mulberry Streets These homes were eventually converted for business purposes In 1944, Joe's Cleaners, another long standtng bus~ness, opened m a 14 x 19 sq i~ space which has since been converted and rebuilt m the location that it is presently ~n today Also by the 1940s, H~ckory Street and Avenue A qmckly became a favome spot for all students to SOClahze It became known as the "Corner" and has stnce become an mstttutton on the campus The streets ~n the area dunng th~s t~me were appropriately called "Collegetown" ~1 he Fry Street area also played a }, ~'~!~ ~ ~27} s~gmficant role m transportation advances made m the C~ty of Denton In 1896, a franchise for a street radway was granted by the c~ty In 1900, an electric streetcar hne ran h'om the railroad depot along East H~ckory to the square, then out Oak to Fry Street, where ~t jogged to H~ckory The hne went out H~ckory to Avenue C, south to Eagle, and then to H~ghland Park The connection of tMs system w~th the railroad and an interurban railroad prowded an ~mportanthnkage between Dallas and Denton and it also promded eeonormcal and efficient transportation w~thm the C~ty of Denton Ihc 195II~ and 1960,, plow. d Io h~. cia*, ol Ircmcmlou', ~lowlh Io~ Iht I'~), NIi~.~I Jic,i liN I B~¢w Io 74}~0quq. Jclli',~,,v lgq'~)JIId ,l~.Jdcd nillclk,~lllK.~w%lltlClP, llk,', Ncw'~l~.)lchonl~,JiJ¢l Ictpl,lcmJ Jhlio~.lctvk, ly JloIlik: III lhct ['1 y %11 gctl ~.11 oj JIl~1%i u~,lglll% Wgl c oi'lclk,~J d JJI ~c. YJI Ik.i~ ¢)J Ilcl~hJ'~ ~1 Jl¢)~ )~.1%Ltl ¥1cg~ ol Lhe Ica,icy ol Ih~ Ig$0', ,ll~cl I 9¢)I)'~ I% IciJcclcd III loci.I)'", I'ly ~Jlk.~i JloJ I Jl.l'-.lll~'.,.'-.~',, Cd)llJlilllO (o I~wowr Ih~ IIK~l'OJlSIIl~, liumJ~l% oJ '~ J J~ ~I~II~U~ In t~ lTty ~lleOl atoll ~vo ~flgod OW~l%hlp a~ tho ~ tl~ CaliVd~ ~ ~n ~o1~ ~mny 1~% m~ psi 70 yem% I'~ [,ry Si~i mca ~onlHmc~ 1o pby m~ ~m~d,ml .~ m lie hie ol IJN I college StLtleflts UN I '~ mli~c mmaln~ %lloflg m~l IIc %mdcflt%, i~l~nl~ dml rc~ldcni% ioget~r ~ve ~ [~ I, ry ~(1%~[ a~a a p~ce o151glllJ~ll&O II1 [~fl(Oli HI. EXISTING CONDITIONS ..IMPACT AREA Demographacs and Socioeconomic Profile With any planmng activity, It ls necessary to review current conditions m order to determine Wends taking place By doing so, the C~ty can better effectively face future Issues and problem areas to be addressed m a small area plan At the present tune, the most complete and reliable source of demograptuc mformat~on ~s the U S Department of Commerce, Bureau of Census Enumeraaon The census bureau prowdas ~ts most comprehensive package of population and demograpluc mformat~on every ten years Geographical areas known as standard metropohtan statistical areas (SMSA), block numbering areas (BNA), and census tracts group census data Census tract data ~s further aggregated to a block group level The Fry Street study area ~s located west of downtown Denton and is part~ally located m Census Tract 207, block group 2 and Census Tract 210, block group I Since block group data ~ the most aggregated data available from the Bureau of Census Enumeration, a demographic and socioeconomic prof'de of just the Fry Street study area ~s not pouible. However, a profile of the unpact area is pnss~ble The ~mpact area includes block groups 1 and 2 from both Census Tract 207 and Census Tract 210 Refer to Ftgure $, pg. $ The data and geograpluc areas d~ffer from decenmal periods Therefore, a comparison of 1980 and 1990 block groups ~s not possible Demograpluc and soclo-econom~c mfurmatmn presented m tlus plan only includes selected 1990 block group data and as a tool for comparison, 1990 City of Denton census statistics are also provided Refer to Table 1, pg. 11 Population Population Is constantly changing and statmt~cs covering a span of 10 years are not generally up to date, especially m the latter part of the decade However, the unpact area has been mostly a college area since the 70's and wlule students tend to be transmonal m tlus area, ~t can be reasonably argued that the demograpiuc compos~tmn and makeup of the student poptdat~on remains relatively the same The composition of the unpact area mrrrors the City's population make-up In 1990, the unpact area population totaled 6,201 The majority of the population m the unpact area was between the ages of 18-34 (84 5%) Blacks and H~spamcs made up only 7 4% and 9 2%, raspect~vely wlule Wlutes accounted for 75% of the area's population The 1990 population for the City of Denton was 66,270 The majority of the population was between 18-64 and predominantly White (78%) Blacks and H~spamcs accounted for 18 % of the population Housmg The number of dwellings totaled 1,907 for the xmpact area E~ghty-nme percent are occupied and the remaining 11% are vacant The ~mpact area contained substantially more renter.occupied housing umts Approximately 90% of the occupied umts were renter-occupled l0 TABLE 1: IMPACT AREA DEMOGRAPHICS (BLOCK GROUP PROFILE) CITY OF DENTON,TEXAS CENSUS TRACT/BLOCK GROUP PROFILE Selected Data from the 1990 Census Tract 210 0011210 002 Tract 207 001/207 002 Characteristics of the Population Population by Age Population by R ~.e/Ethmc~ty 0 17 325 White not H~, sac 4654 18 34 5238 H~span~¢ 569 35 64 559 Black m. ltlspanlc 460 65 and over 79 Other not H~spam¢ 518 Total 6,201 Total 6,201 Household Type and Relatmnsh~p Family Households 394 Non Family Households I 290 Mamed Couples 274 wIth children 68 Persons m Group Quarters Stogie Parent 37 In lnstRut~ons 0 Female 79 Other Group Quarters 311 I w~lh chddren 37 Total 3,111 Income Characteristics All Households $14 205 $17 653 0 17years 44 Families $23 185 $28 322 18-34 years I 270 Non Famdy $9 678 $13 491 34 64 122 Total 1,436 Workforce Characteristics Employed Persons 16+ 5 092 Occupations Males 2 729 Managerial Professs~onal 760 Females 2 363 Technical Sales I 229 Service 759 Unemployed Persons __899 Operators Laborers 288 Males 456 Females 443 Educational Attainment Persons Age 25 and over I 656 Persons Age 16 19 I 921 HS Graduate or GED 170 Enrolled m school I 916 4 or more years collese 724 Not Enrolled 5 Housing Characteristics Number of Housing Units I 907 T~pe of Structure (mcludm8 seasonal and mlsratory_) Single Family 399 Occupied I 692 2 to 4 un~ts 223 Owner 173 5 or more units I 272 Renter I 519 Mobde or other 13 Vacant 215 I 907 Age of Structure Medtan Built before 1939 352 Value of Owned Umts $64 575 Bufltafter 1940 I 555 Housing Cost w/mort $606 Gross Rent $362 Households which pay more than 30% of Income for Housml~ Owner Occupied 36 Renter Occupied 876 11 Nearly 79% of all dwelhngs were multi-family residential By comparison, the number of dwelhngs for the City of Denton totaled 28,791 Eleven percent of all the dwelling units are vacant There were shghtly more renter-occupied housing ~m~ts than owner-occupied Approximately 61% of the occupied units were renter occupied ~,th multi-family and single family residential accounted for 46% of all housing units Socto-economtc Characteristics The average median family income for the ~mpact area was $23,185 Because of the large UNT student population living throughout the ~mpact area, 23% of the area residents hved below poverty level in 1990 The unemployment rate was 18% The median family income for the City of Denton was$35,444 Approxlmately18%oftheClty'spopulat~onhvedbelowpovertylevel The unemployment rate for the entire City of Denton ~n 1990 was 6 1% FRY STREET STUDY AREA Land Use The pattern of land use in the Fry Street study area is all array that resembles older parts of many cities It contains both non-res~dential and residential development that ~s an eclectic m~x of homes, businesses and services Refer to Figure 5, pg. 13 The Fry Street study area's residential population Is comprised mostly of tenants and renters, with only one owner-occupied home remaining The Fry Street area's residential development consists primarily of small-scale apartments, usually 2 to 8-umt bullthngs These multi-family units are located on Fry, Hickory and Mulberry streets There Is a large concentration of smgle-fam~ly uses immediately outside the Fry Street study area in the area identified as the impact area The majority of the multi-family dwelhngs m the Fry Street and surrounding areas were originally built as s~ngle- family owner-occupied homes However, many of them are currently leased The Oak-Hickory h~stonc district is Immediately east of the Fry Street study area and the Umvers~ty of North Texas campus is immediately south Most of the Fry Street area is composed of non-residential, commercial development Commercial/retail uses m the Fry Street area are directed towards the Umvers~ty market and include uses such as bookstores, restaurants/bars, and general merchandise/serv~ce retml (barber shops, dry cleaners, etc ) There ~s relatively little office development w~thln the Fry Street area The existing office uses (First State Bank and The Associates) co-ex~st w~th retail and can be considered another form of retml/commerclal use Institutional uses fall w~thln the study and impact areas and are affihated w~th religious organizations and the University of North Texas There is only one undeveloped lot located w~th~n the Fry Street area This lot fronts Oak and Fry Streets and is currently owned by the Delta Lodge organization The previous structure, occupied by Delta Lodge members, burned several years ago At the time of this report, there are four vacant businesses and one vacant residential dwelhng The vacant bmldmgs are located at 103 Welch, 105 Welch, l 11 Welch and 1109 W Oak The vacant residential dwelling is being used as storage for the auto repair station located on the corner of Hickory and Welch 12 The erltlCal land use challenge m the Fry Street area is not to accommodate major new development, but rather to take the necessary smaller steps to revltahze the exlstmg commumty Protection of this mature urban place is crucial to the stakeholders Zoning The Fry Street study area's pattern of land use development is not necessarily representattve of its zomng pattern There are four zoning districts m the Fry Street area that cover both residential and non-residential development Refer to Figure 6, pg. 15. MF-2/Multl-Famlly Residential - The MY-2 district is located m the southeastern comer of the Fry Street area at Mulberry and Welch Streets This district contams three lots, which includes one mult~- umt residential dwellmg and the Church of Sesus Christ of Latter Day Samts The Umversity of North Texas campus, which falls m the impact area, also falls m the MF-2 District The MF-2 Dlsl~ct also allows certain educational, mstltutlonal and special uses NS/Neighborhood Service - The NS dismct is immediately north of the MF-2 distnet at the southwest comer of Hickory and Welch Streets This district mchides the ouly smgle-furmly detached owner- occupied dwelling, a smgle-famlly detached renter~occupied dwelling, a two-umt multt-fanuly dwellmg and a four unit multi-family dwellmg The NS zonmg on these properties was meant to prowde an adequate transition between the eyastmg retail uses on Hickory and the properties to the south and east Ortgmally, the request to change the zoning to NS was to accommodate an antique shop m the smgle-famlly dwelling The antique shop was never located m the NS &st~ct P/Parking - The P distr~ct is located m the southem block of the Fry Street area and Is directly adJacent to the MF-2 distr~ct The lot was originally zoned MF-1, but m 1969 the property was rezoned to P Research of the zoning case has not produced sufficient reformation explmmng why the property was rezoned to P At present, there is a multi-umt residential dwellmg occupying the property G1UGeneral Retml - The bulk of the Fry Street area is zoned GR and allows for a variety of educational, commercial, retml, recreational, entertammant and hrmted resldantml uses A majority of the area is developed w~th business uses Building and Development Activity The normal process of continuous investment, to maintmn the strength of the area's neighborhoods, has been constramed and limited m much of this area for a number of years There appears to be a backlog of deferred mmntenance, bothpnvateandpubhc Restoredmvestmentlsneeded Smcethe area Is essentially land locked, vacant buildings and undeveloped land are few and parking is very limited, growth and expansion are contained There are no large tracts of land to be developed, urban services already exist Investment opportunity m this area is mostly for reuse of land or bmldmgs and m a few cases for redevelopment The recent repavmg of one of the two public off-street parking lots in the area 14 and the reuse ofa prewously ex,sting mght club ~nto a umque coffee shop do g~ve not,ce of renewed commitment and ~nterest ~n the Fry Street area Street and utility work and other capital infrastructure tnvestment, pubhc/pr~vate redevelopment ventures, renewed LINT interest ~n ~ts commumty setting, and commumty rehabthtat~on ~mtmt~ves will also serve as an ~ndmator of renewed commitment to the Fry Street area Ways to use the area's attributes and exxstmg resources can preserve and protect efforts already made, stimulate site and bmld~ng cleanup and prompt restoration work for existing uses Parlang The pattern of land development found ~n the Fry Street area ~s more typmal of downtown Denton than other general retail d~stncts ~n the c~ty L~ke downtown, ~t predates current zoning regulations too Th~s pattern of development emphasizes building area and hm~ted parking space It was common that a structure would occupy the entire lot and that parlang would be located along the street As such, businesses ~n th~s neighborhood have had a difficult ttme sattsfy~ng parlang regulations In fact, most of the businesses ~n th~s area prowded off-street parking by leasing parkang spaces on adjacent properties A rewew of prewous requests by bus~ness and property owners m this area for variances from parlang regulations reveals the s~te-spemfic parkang problems that have arisen because the Fry Street area has developed as a bus~ness/customer retail area adjacent to the Umvers~ty of North Texas Dating back to the early 1970s, there are thirteen (13) variance requests within the Fry Street area ~n the Zomng Board of AdJustments (ZBA) files E~ght (8) of the requests were approved, one was temporary ~n length, three (3) were demed, one was tabled and no record exists of it being reconsidered and one contains no record of a decision The cumulative effect of these variances and the increasing dependence on the automobile by area residents and students has had a detrimental effect on parking and transportation ~n the Fry Street area The Fry Street area, because of ~ts proximity to LINT, is an extremely congested area Furthermore, most of the estabhshments m this area are not m comphance w~th the C~ty's parking regulatmns because they are legally nonconforming uses Off-street parkdng opportumt~es for existing or new businesses do not exist m the Fry Street area and on-street parlang ~s hmlted dunng peak t~mes Dunng the morning and noon hours, UNT students take much of the metered parking spaces ~n order to attend classes Their actions usually serve to d~splace customers of the area businesses and other students to park into the residential areas adjacent to the Fry Street area On-street parking consists pnmardy of perpendicular and angled head-in metered spaces There are approximately 106 metered on-street parking spaces The metered on-street parlong ~s regulated for 1- hour hm~ts There are additional parking spaces w~thout meters located on the south s~de of Oak Street and the north s~de of Hmkory Street The parlang spaces not metered do not have ttme hmlts Some however do have "No Parking" restrictions Throughout the Fry Street area, there are over 400 parking spaces Generally, off-street parking ~s dedicated and signed for private commercial/retail or residential development Off-street parking in areas other than commercial development is contamed ~n small lots or headqn parking spaces located adjacent to roadways W~thm Fry Street, only two privately owned off-street parking lots are avadable for pubhc use at a premmm, offenng a total of 224 off- 16 parking The 110-space Park N' Go lot located behind the buildings on the east side of Ave A is the other public off-street lot wl~ch has also been leased to shop owners for customer use There is a charge per day depending on the time of day Contract parking is also offered There is a 22-space lot for Teacher's World employees and residents of the multi-f~muly dwelling on Hickory Street Other parking lots include two 10-space lots m the fi.om and back of Joe's Copies, a 45-space lot behind Voertman's Bookstore and a 126-spaee lot around the Assocmtes Free parking is available for customers only in these lots Other smaller lots eyast but are for the private use of commercial customers or members of area churches Towing is strictly enforced m these areas Refer to Figures 7& 8, pgs. lB& 19. 114-Space Parking Lot IlO-Space Park N'Go~ Parking Lot Traffic Circulation External circulation to the area is acbaeved fi.om the east aad west directions by way of two primary roadways, Oak and Hickory and a tlurd, Mulberry Street Oak is a one-way street heading west and Hickory is a one-way street heading east Mulberry permits both east and west travel North/South travel to and fi.om the study area is mainly from Fry/Ave A via Mulberry Street, Ave B and Welch Streets Aeeass to and fi.om the south is lumted because of the University campus Access to and fi.om the Fry Street area revolves through-traffic m the surrounding residentml areas 17 18 19 Internal north/south movement is laclhtated ,~.~ ~ ~ ~,o4a,:~,~ ~,.~ ,~ ,~ ~,~ ,~.,~ ~ ,,~ ~.~.~ ~,,.~,~ ~¥~o~,~.~ through Fry/Ave A, Ave B and Welch q Streets East/West movement w~thm the ~' study area is c~rcmtous due to the one-way ~ d~rect~on o! Hickory and Oak Streets Traffic flow m all directions ~s somewhat ~nh~b~ted because ol narrow circulation aisles, lane blockage due to large dehvery trucks, on-street parking, pedestrian activity and lugh student concentrations ~n the area There are peak congestion periods, particularly m the mornings and afternoons Refer to Figure 9, pg 21 The traffic capacity of the residential streets m the study area ~s ~nterestlng to note Average Daily Traffic (ADT) volume prowdes through trip ~nlrormat~on on a typical or average weekday The most recent ADT volume reformation ~n the Fry Street study area is 1997 and is only avmlable for Fry and W Hickory The 1997 ADT volume was 3,309 vehicles per day on Fry Street and 9,835 vehicles per day on W H~ckory Street H~ckory and Oak Streets are classified as primary arterml streets and are ~ ,~ ,~-~-~r~ ~ ~ ,~ ,~ ~ ~ designated to carry 20,000 vehicles per day or more However, an acceptable traffic volume for a two-lane residential collector street is about 5,000 vehicles per day The level ot risk that a pedestrian ~s subjected to when crossing W H~ckory Street is extremely high Pubhc transit service ~s available m the area The "Green" fixed route stops on Welch Street at Mulberry Street Travel to other areas m the C~ty via the trolley ~s etrcmtous and revolves multiple transfers Service is hrmted to daytime hours until 7 00 p m The fixed route service does not run on Sundays or on hohdays UNT's campus shuttle also serves the area 20 IV. AREA ISSUES AND FINDINGS IDENTIFIED Citazen Participation Review In the wtnter and spring of 1998, six Fry Street area plan meetings were held at Grace Temple Baptist Church, which Is located m the impact/notification area The commanlty stakeholders worked with the Fry Street area team to identify, discuss, refine and resolve community issues The initial commanity meeting set the tone on how the issues would be established and the necessary City resources available As mentioned earher m this re asked merchants, residents ,~ ..... port, part of the planmn roc _ . , rro~.,.,,y owners aha customers to ,d ~,.Per~ .~es~s ,~nvolv?d a survey that the Fry Street Area and to identify the Fry Street study area boundary The Fry Street Development e...,.~ .,= s~rengths and concerns of Corporation's (FSDC) boundary, a non-profit merchant's association plan's study area tn the Fry Street area, is the Two separate surveys were designed, one for area residents, merchants and property owners and another for area customers There were a total of 900 Surveys mailed and/or hand delivered Of this total, 800 were resident/merchant surveys and 100 were customer surveys A total of 55 surveys (6 11%) were returned Of the 800 resident/merchant/property owner surveys sent out, 45 (5 6%) were returned Of the 100 customer surveys sent out, I0 (10%) were returned A break down of the total number of responses received is as follows 45 RESIDENT/MERCHANT/PROPERTy OWNER SURVEYS (45 ofss.~81 8%) 22 RESIDENTS (22 ot 4~-~49%) 13 RENTERS 9 HOMEOWNERS 8 MERCHANTS (8 of 45=18%) 8 PROPERTy OWNERS (8 of 4~=18,/o) 7 DELTA LODGE MEMBERS l0 CUSTOMER SURVEYS (lO of 10o=i0%) (10 of $$=18 2%) From the survey, the top six concerns and strengths were identified The top concerns, three tied for fourth place, are sanitation, parking, socml offenses and safety, alcohol and drugs, property maintenance and traffic The top strengths are safety, diversity, amenities, proximity, retad/servlce and cultural identity Round table discussions uath area stakeholders were held to discuss the concerns and strengths The community meetings served to gather information about the "health status" of the community Residents and business people discussed facts and perceptions ofcommumty conditions These insights proved vital m developing strategies to revltahze the Fry Street area During the discuss;OhS, common themes became apparent Three major topic areas surfaced physical conditions, social conditions and commun;catlon 22 Stakeholder Identified Area Issues nnd Concerns The cond~tton of the Fry Street Area 18 of ongoing interest to area stakeholders, which include The Umvers~ty of North Texas, the Fry Street Development Corporation, merchants, business and property owners and the C~ty of Denton Among the most fi'equent ~tems noted by residents are physical appearance and condition of fac~ht~es and streets m the area Profound blight is absent from the Fry Street area Th~s Is not an area of desperate deterioration, but one of stubborn and persistent pride There are, however, many examples of unappeahng physical condtt~ons m the Fry Street and surrounding vic~mty, mcludtng boarded up structures, graffiti, litter, furmture m yards and poor dumpster matntenance Many of the meeting participants believe that neighborhood cleanup, stronger code enforcement and better tenant screening are acttons needed for positive change m the area Other ~ssues include traffic hazards, street hghts for security m addition to traffic movement, s~dewalk repairs and protectton of natural and cultural resources Refer to Figure 10, pg. 25. Social concht~ons tnclude concerns of crime, delivery of social serwces and commitment of commumty resources Better control of vandshsm, pubhc intoxication and drug crimes were high on the list ofpubhc concerns, w~th the pamc~pants assigtnng a high priority to crime control Many area residents are sensitive about w~despread perceptions of the commumty as one of cr~me, transience and disinvestment There ~s wtdespread behef that furore mvestmants w~ll be suppressed by such stlgrnas Suggestions include increased police presence and greater sensitivity tn pohce-commumty relations A few area stakeholders called also for a need for neighborhood-oriented private tnvestment and for development of the vacant lot at Fry and Oak Streets A slgmficant finding dunng the entu-e small area planning process was the lack of commumcatlon among mchviduals, groups and agencies Stakeholders revealed a strong desire to improve reformation flow Better commumcation Is needed between City of Danton and Fry Street residents, government, bustnesses and mstitut~ons, and between landlords and tenants m the Fry Street area Hope for improved merha ~mages of the Fry Street area for coverage of positive news was expressed repeatedly 2,; Samtation/Sohd Waste Services Issues Litter Lack of City assistance Inadequate dumpster service and perception of poor maintenance, appearance and location Stakeholder Senttments Sanitation is the top concern of Fry Street area stakeholders Ofpartlcnlar concern is litter, over filled garbage containers and the perceived Jack of City maintenance ot area dumpsters, trasheans and street maintenance L~tter often accumulates ~n parking lots, on streets, sidewalks and utd~ty poles when dumpsters are above capacity, and around dumpsters and merchant's shops The Fry Street Fmr ~s identified as a malor contributor to the area's htter and sanitation problems Clean-up following the fmr ~s often days to a week later Private property Is often soded and desecrated dunng the weekend oftbe falr Although new trashcans were placed throughout the area m August 1997, they are ctted as unsightly and m need ol replacing Many trashcans are melted and contain holes Trashcans have been observed to be above capacity by 5 00 p m on weekdays and Saturdays The fact that the C~ty provides sol,d waste services for the trashcans on the Square, but not ~n the Fry Street area also concerns stakeholders The appearance of the area dumpsters is also unsightly and m need of replacing Stakeholders complain that a couple o~ the dumpsters m the area block sidewalks and parts of some streets The solid waste containers are not shielded from street mew which is not only a health issue when they are over filled, but can cause traffic problems by decreasing vlsibihty Pedestrians often have to go around dumpsters on the sdewalks Although solid waste users determine the collection schedule, the tnfrequency of the dumpster collection concerns area stakeholders The majority of the collectton concerns are assocmted w~th the dumpsters located on Fry Street and the dumpsters located behind the shops on Fry Street A number 26 of the merchants using the dumpsters and causing them to overflow are currently not paying for services Stakeholders want to see the City take a stronger position by requu:mg additional dumpster collection Refer to Figure 11, pg. 28. The streets in the area are often dirty and filled with trash and debris Because only one street sweeper exists for the entire C~ty o! Denton, the frequency ol street sweeping m the Fry Street area is observed once a month There are a number ofutdlty and light poles located ~n the Fry Street area The prohferat~on of handballs attached to the poles contributes to the httered appearance of the area Several stakeholders desire to see the complete ehmlnat~on ofutlhty poles ~n the area to prevent handbill posting Refer to Figure 12, pg. 29. According to stakeholders, centrally located compactors are immediate ~~~a~~~~s~oz~r~v~s~ solutions to dumpster concerns Security and lack of space for compactors are ~dent~fiable obstacles Another approach to address the trasheans ~s strategically placing s~dewalk comamers, s~mdar to those located on the square, m the area It is recogmzed that C~ty officials and area merchants will need to agree on who w~ll serwce the containers and the frequency of collection 27 2O Parl~mg and Traffic Issues More public parking needed Meters inadequate Assigned or reserved parking Poor traffic control Proliferation ofdehvery trucks blockmg lanes Automobile accidents Left turn signal lights needed Stakeholder Sentunents Stakeholders believe that the available parking resources do not effectively serve the needs oftbe area The problem of students parking m merchant-customer spaces during the day, the lack of hand~cap parking, and metered parking all top the hst of parking concerns Parking m the area is further aggravated by the l-hour meter lin'uts The 1-hour meters appeal to many UNT students who would rather park closer to ~,~, - classrooms than in designated UNT parking ~aeihtles Otten, UNT tacihtles are more and are more removed from classes and expensive the campus than the metered and non-metered spaces City entorcement oftbe meters ~s limited and students are very much aware o~ this In many cases, students have been observed parking in metered span. es well m excess et the I-hour hmlt without being fined '~ "~'"'~ " ' Handicap parking Is hmlted m the area There are a total of two handicap-parking spaces Both of these spaces are located m front oftbe businesses on Ave A The spaces, wlule ldentffied as handicap, are not very maneuverable and movement m and out of these spaces Is difficult and restrictive In addition to parking problems associated with UNT students, according to some merchants, the City's present parking requirements prevent the expansion ofexlstmg busmesses Parking requu'ements also lntubit many opportumties for new and different kinds ofbusmesses to locate m the area The City reqmres a specified number of off-street parking spaces for certain commercially zoned properties Ifa proposed new use is more intensive than the existing legally non-conforming use, additional parking is requn~.d However, as mentioned earlier, off-street parking opportumties sunply do not eyast m the Fry Street area Refer to Ftgures 7 & 8, pgs. 18 & 19. In addition, stakeholders indicated that the need for designated traffic areas, including bicycle corridors, and the prohferation ofdehvery trucks blocking streets m the area are key traffic concerns The narrow traffic lanes on Fry St/Ave A are the most vrsible concerns regarding traffic Traffic congestion m this area mcludes large alcohol delivery trucks blocking traffic lanes at peak circulation periods, automobiles entering and exiting the angled metered parking spaces (flus parking strip is best 30 suited to serve traffic flowing northbound), and jaywalking to and from the UNT campus The d~st~nct~on between pedestrian and automobde zones is less apparent In th~s area and makes for a dangerous environment Increased speeding along Hickory, Ave A and Fry Streets also contributes to traffic congestion the area The lack of warnings other v~sual indicators to alert motorists that the area ~s baghly pedestrian-oriented IS also a perceived traffic concern Sidewalks m the area are not user-frtendly Many ol the s~dewalks are cracking and are uneven Handicap access~bd~ty ~s ~nadequate and ~s further ~mpeded by the poorly matmamed s~dewalks People are also - spending more tune on the s~dewalks iratermz~ng, relaxing, entertaining and hngermg mmlessly than ~s considered desirable Parking and traffic strategies include one-way designation of some key two-way streets, the clear,on of loading zones, hunting parking, reqmnng parking permits for all UNT students, parkmg variances and hm~ted parking ~ns~de the Fry Street area Increased commumcat~on and interaction with UNT ~s erucml 31 $ocml Offenses/Safe~y Issues. Loitering/Vagrancy/Panhandling Vandalism Juvemle dehnquency Attraction of "bad crowd" element Increased protection against crime Stakeholder Sentiments As observations of the area indicate, the Fry Street area is not only a "hangout" for college students, but high school and middle school students, transients, runaways also Fnnge groups frequent the area as well Lmtenng, panhandling, vandalism and juvenile delinquency are key concerns There aren't any laws that specifically address loltenng and panhandling and this makes it difficult for police to monitor and enforce these offenses Vandahsm is being addressed and minimized to a greater degree vath the presence of the Fry Street commumty center According to Denton police, juvenile delinquency has seen a marked decline since the community office was located on Fry Street However, there are still concerns regarding the absence of a teenage curfew Teenagers have been observed to regularly hangout in the area well after midnight Stakeholders lndmate that 24-hour staffing of the police sub-station might reduce or completely eliminate illegal activities by teenagers and others in the area Another safety issue is lighting in the area While lighting has increased over the years, there are a number of dark corridors The Park N'Go lot, the area near the Zebra House and the area between Jack in the Box and Bans Restaurant are identified as darkly lit and potentially unsafe areas Additional safety strategy recommendations include UNT police assistance wth patrolling the area and a commitment by the City to provide additional lighting ~n dark comdors Alcohol and Drugs Issues Public dnnklnghntoxlcatlon Underage dnnl~ng Illicit drug use and distribution Stakeholder Sentiments Public drmkdng and intoxication, underage drinking, and Driving Under the Influence (DUI's) are area concerns While it ~s legal to dnnk in public, according to police, the presence of full-time officers and new laws deahng w~th drug and alcohol enforcement have greatly reduced the incidence of pubhc intoxication and underage dnnkang As in most other cities, drug use and distribution are more difficult to control because there is such a high demand for drugs One of the objectives of the two full-time officers that work the Fry Street area Is to maintain continued pressure on the supply end There have been occasional "stings" and drug busts According to area Stakeholders, these activities must continue and must be increased 32 Other opportumtles revolve ereatmg a working relat~onslup with local and college newspapers to write articles on drug tragedtes and posatlve drug prevention act~vmes, estabhshmg a memorial m the Fry Street area of xactums who have succumb to the detrimental effects of drug use and d~Strlbut~on and expanding the "tam sermce" concept offered by the owners of Cool Beans and Lucky Lou's Property Maintenance Issues Poor property maintenance Ddap~dated bmldmgs Stakeholder Santnnents Graffit~ and dflapadated structures are the mam [ssues related to property maintenance concerns Upkeep by property owners and renters and commumeatlon between neighbors, tenants, merchants, etc ~s severely lacking Some renter-occupied ,~.~.~ ~.~.~.,~.~.~,~*~ properties m the area are ~danttfied as not being pamcularly well maintained Trash and debris removal, painting and some structural repatrs are needed to maprove these properties Poor property maintenance lessens the appeal of the Fry Street area and ~t also serves to rem_foree the general populace In addition to res~dentml dwellings, there are also a number of shops m the area that are m need of cleaning and painting 5~.~,~.~ ~, ~¥~j~ .~, The undeveloped property owned by Delta Lodge on the ~[~& 2)~{~' ~ ~ ~'~ ,~ comer of Fry and Oak Streets also may be problematic u~a~a~.~.~o~o~r~ In the long-1 erm absence of development, the lot ~s a potential meeting place for loitering, trash accmulatlOn and vagrancy Stakeholders suggest the adoption of an "Ugly Spot Of The Month" and a "Most Beautiful Spot Of The Month" within the Fry Street study area to encourage better property maintenance and upkeep 33 society, to the eclectic, the student, the professional and even the elite The people who frequent and work in the area are typically laid back and often feel free to express their indiwduahty D~fferences are celebrated and encouraged The Fry Street area ~s also unique because it caters to a multitude of interests Visitors of the area will find that while Fry Street nurtures social d~vers~ty, music and art also play important roles m the area's identity Fry Street is considered an arts/business district w~th a liberal attitude and is definitely one of the main hubs of Denton life Another esteemed quahty is the different face and character of the Fry Street area during the day and the night Dunng the day, the area is a meeting place for students to gather and philosophize on the intellectual dtlemma of the day, it ~s a stage for artists to ,,howcase their works and their talents and It is a center for shopping and spectator actiwt~es At night the Fry Street area transforms and becomes a large arena for partying and celebrating It ~s a place for those of legal age to drink socially, openly and spmtedly a place of unabashed indulgence For this kind of diversity to continue to thrive ~n the Fry ~'Street area, safety is needed The Fry Street area must maintain its sense and perception of safety in order to draw d~verse groups and to prevent future problems According to stakeholders, ways to address and improve on Cityw~de perceptions and reservations about the Fry Street image include keeping the community center open to serve as an information center for visitors, fostenng cultural d~vers~ty wth additional music venues and artistic impressions and reinforcmg that the Fry Street area Is not just a mght-time area Amemttes/ Proxtmtty Strengths Walkable Convemence of food, fun and relaxation Variety of shops, services and activities Short d~stance to UNT Campus Shops/Stores for basic essentials vathin a few yards of each other Stakeholder Sentiments Food, fun and entertainment are all located wathin close proximity in the Fry Street area The closeness and convenience of UNT, the various restaurants, clubs and shops in the area are also attractive features of the Fry Street area according to area stakeholders The Fry Street area is approximately 18 9 acres which ~s relatively small and contained At a normal pace, it takes less than 20 minutes to walk the entire perimeter of the Fry Street area boundary Refer to Ftgure 9, pg 21. The Fry Street area bas;cally serves as a downtown area tor UNT Every imaginable amenity and convenience m the Fry Street area ~s w~thln walkang d~stance Fry Street demzens, college students and wsttors are not forced to travel to outside of the area to shop, drink, and eat or for entertmnment Because there is a diverse m~x of uses (businesses, housing and a state institution) m the Fry Street area, there is httle need to rely so heavily on automobdes for daily needs 35 The streets m the Fry Street area bustle wtth pedestrians, students, residents and shoppers tn automobiles, dehvery trucks and other transit modes On the whole, automobiles and pedestrians ~nteract wtth unld discomfort While jaywalking ts the norm rather than the excepnon tn the Fry Street area, there does at least seem to be mutual respect between motorists and pedestrmns ~n clearly defined pedestrian zones Recommended enhancements to the Fry Street area ~nclude passing a handbill ordinance to address the posting of s~gns on telephone poles, more handmap access~bthty along sxdewalks, underground utilities, and landscaping along Ave A The :dca of Avenue A and Fry Street as one-way streets appeals to many of the stakeholders Thru will allow loadtng areas on one s~de of the street and thereby decrease the potential for accidents Improwng s~dewalk cond~Uons, making pedestrian crossings more ws~ble by repamtmg or mstalhng flashing hghts along Hmkory and Oak Streets. and the creanon of an ord:nance that prohibits s~tt~ng, layxng, or rechmng on sxdewalks dunng specffic hours are all aenons that will xnsure a safe. walkable community according to area stakeholders Bmldmg and ma~ntmmng a relaUonsh~p w~th UNT to develop a b~cycle pathway arotmd the Umvers~ty will also serve to strengthen the appeal of the area to transit users Retail Servlce Strengths Umque Local Stakeholder Sentiments The Fry Street area ~s an arts/bus~ness d~smct, whmh contmns a cluster ofumque and local shops The area contmns a menagerie of popular dance clubs, hve music venues, bookstores, cafe/restaurants, hmr salons, pool halls, tattoo shops, dry cleaners, a local convemence store, etc Busmesses that are unhke other businesses and that are not found elsewhere m the Ctty can be found tn the Fry Street area Businesses that offer a variety of eclectic g~ft ttems, water p~pes, and full service body p~ercmg and tattoos just to name a few According to the merchants tn the area, the businesses zn the Fry Street area have survived over the years due to the unique ~tems sold, the locahty and became the busxnesses prowde consmtent and affordable prices Fry. Street area clubs, bars and stores are also on equal footing anth entertmnment estabhshments ~n surrounding crees The shops and clubs ~n the Fry Street area cater mostly to a college chentele, but to various other patrons as well Patronage of the Fry Street mghtclub hfe ~s further reded by extended alcohol sales hours Entertmnment seekers are not fomed to choose Dallas, Fort Worth and other surrounding areas over Denton Many of the college stakeholders lndmate that the entertmnment atmosphere provtded by the Fry Street area promotes safety and respons~bthty because people stay m Denton rather than travehng the dangerous ~nterstates after a few dnnks late at mght Popular musical acts perform ~n the Fry Street area and are more than hkely attracted to the area because the 36 entertainment does not end too early Cultural ldentt(y Strengths Sub-Culture Ong~nahty Freedom of Expression Eclectm Atmosphere/Enwronment Stakeholder Sentiments A sub-culture exists ~n the Fry Street area While Clty-w~de appreciation, understandxng and support of th~s sub-culture appears laclang, there is a strong need and desire by the Fry Street stakeholders to mmntmn the eclectm feel and ongnnahty of the area It ~s beheved that the social tolerance of those who frequent the Fry Street area ~s hxgher than ~n other areas of Denton The stakeholders agree that th~s tolerance must be nurtured and mmntmned People from all walks of hfe are embraced and feel welcomed The Fry Street area, for the most part, ~s a non-judgmental area where everyone ~s free to be h~mself or herself W~th umvers~ty t~es, fnnge appeal, after-work and after-s{ hool attraction for students, professors and young professionals, the ambience and chentele changes ¢onstantly Clubs, earthy businesses and colorful regulars dot the Fry Street area canvass It ~s the one area of town where a college party place vath fratermty hangouts ~s successfully ~ntertw~ned w~th tattooed, t~e-dyed, new age and h~pp~ed sub- culture hangouts 37 V COMMUNITY REVITALIZATION AND RESTORATION Revitalization Goals The revltahzatlon of the area wdl depend on people working together The neighborhood meetings and subsequent d~scusslons generated many suggested goals and actions to deal with the ~ssues raised The goals fell under the same categories ~dent~fied in the ~ssues section LITTER, BEAUTIFICATION AND SOLID WASTE COLLECTION Keep the Fry Street area free of trash, litter and debris at all times Foster cooperation among area merchants to maintain a litter and trash free environment PARKING/TRAFFIC Improve and Increase parlong resources to adequately serve the present and future needs while preserving the area's integrity Balance the need for efficient traffic flow w~th pedestrian safety Create pedestrian-friendly streets SOCIAL CONCERNS AND SAFETY Increase the sense, feeling and perception of safety so that people w~ll continue to frequent the Fry Street area Change the City and commtm~ty's negative perception of safety in the Fry Street area Expand the services offered m the community office Encourage long-term volunteer commitment for community center staffing Reduce or stop the demand for drugs m the Fry Street area Increase commtm~ty activism and involvement PROPERTY MAINTENANCE Take initiative and emphasize the responslbthty of property owners, residents, tenants and business owners to maintain their properties m a clean, healthy and orderly manner Promote and take advantage of programs to assist clean up and recycling efforts Promote physical, social and economic vlabthty of the Fry Street area by ehmlnatmg blighted and deteriorated conditions, untended vacant lots and boarded up buildings COMMUNITY CHARACTER Prowde for public improvements ~ncludmg an ~mproved street system, modernized public utlhtles, and defensible space Enhance community policing and continue to promote cultural, racial and social d~verslty by making the Fry Street area a safe place to live, work, visit and congregate Develop a marketing strategy to promote a more positive image and ~dent~ty Create a positive "entrance" and sense of arrival to the Fry Street area Maintain a safe and walkable community Create small green space and pedestrian pawhon opportumt~es to :mprove the image and character of the Fry Street area 38 Stakeholder ldentffied Strategtes Area stakeholders propose a number of solutaons, alternatives and strategies The necessary means to reahze the goals adentffied tn the plan must be clearly ldentffied and outhned step by step The City recogmzes and area stakeholders must also recogmze that ~he tmprovements to the Fry Street area wall not be achaeved by Ctty acttons alone A strong parmersh~p between the Caty, UNT, the Fry Street commtmtty and the Fry Street Development Corporatton t,, needed to achieve the plan objecttves Some proposals vall be relattvely easy to carry out, wh~le others wdl present stgmficant challenges Implementation may be lmmedtate or years from now and the responstbfltttes for actton are private as well as pubhc Thls seetion presents the w~de array of stakeholder recommended strategles The entire stakeholder ~dentffied strategies are ~dentffied below LITTER, BEAUTIFICATION AND SOLID WASTE COLLECTION (SW) SW-1 a Commumty organtze "htter squad" SW-lb Prevent and ehm~nate htter by and tnjury f~om bottles and other glass contatners SW-2 Relocate dumpsters to a central location SW-3 Screen dumpsters from wew or SW-4 Ctty provide trash compactors tn strategtcally located and out of stght areas SW-5 Area merchants agree to have C~ty tnerease sohd waste pink-ups SW-6 Agreement between C~ty and area merchants to empty trashcans SW-7 UNT-Caty agreement for trashcan collectton SW-8 City promde sohd waste servme for cans SW-9 C~ty charge all merchants ustng sohd waste servaces SW-10 Ctty study need and costs/benefits of recychng C~ty agreement w~th private property owners to prowde space for contatners PARKING AND TRAFFIC (PT) PT- 1 UNT reqmre parlong permits for all UNT ,,tudents PT-2 Pubhc-Pr~vate venture to purchase renter-occupted properties for remote parkmg site/lot PT-3 C~ty creme more handmapped parking spaces PT-4 Ctty grant parking variances and reduce parktng standards m the Fry Street area PT-5 Destgnate Fry Street area as a special d~stnct that revtses parlang requirements PT-6 Designate Fry Street area as a Pubhc Improvement Dtstnct (PID) m order to generate funds to leverage w~th ctty dollars used for Fry Street area tmprovements PT-7 Allow parlong ~n front of HMS Art Store mstead of on the stde of the store PT-8 Prowde metered parking on Oak St (spemfied areas only) PT-9 Ltmlt parlong meters to 30-m~nutes PT-10 C~ty-UNT cooperattve to increase enforce~nent of meters PT-11 Meet w~th beer vendors to reschedule dehvenes PT-12 Designate loading zones along Fry Street and Ave A PT-13 C~ty-UNT parmershtp to develop bmycle path tn area PT-14 Ctty estabhsh destgnated traffic zones and tmprove street marktngs PT- 15 One-way south traffic ctrculat~on along Fry and two-way north traffic ctreulatton for Ave A and Mulberry PT-16 Ctty reduce speed hm~t ~n the area and/or increase enforcement of speed hmtts 39 SOCIAL CONCERNS AND SAFETY (SC) SC-1 Create public education campaign, ~n cooperation with local media, to ldennfy the positive actiwtles undertaken to deal with drug tragedies in the Fry Street area SC-2 Maintain community office in the area SC-3 Merchants cooperate to expand the free taxi service presently offered by the Bruno's SC-4 Establish a memoma{ m the area so that people will understand the long- and short-term results of drag use SC-5 Increase drug and alcohol enforcement Police officers ~ncrease pressures on the area's drug supphers SC-6 Sohc~t long-term volunteer commitment to staff community office SC-7 City increase present level of Police presence in community SC-8 Clty-UNT cooperative effort to staff commtmlty office 24 hours a day SC-9 City ~mprove quahty and quantity of hghtmg throughout the area, espemally on Fry Street PROPERTY MAINTENANCE (PM) PM-1 City step up code enforcement of private renter -occupied housing ~n the Fry Street area PM-2 Renovation/Urban renewal of private renter-occupied housing (Community Development funding for rehabilitation ) PM-3 Merchants and area volunteers organize clean up days PM-4 Encourage and promote residential or commermal development of undeveloped land on Fry and Oak COMMUNITY CHARACTER (CC) CC-I Increase level of coordination between Delta Lodge, City and area residents tn Fry Street Fmr organization CC-2 City improve sidewalk conditions and make handicap accessible CC-3 City pass an ordinance prohibiting sitting, laying and rechmng on sidewalks dunng specific hours CC-4 City make pedestrian crossing more visible by repmnt~ng or installing flashing lights along Hickory and Oak Streets CC-5 Install underground uUht~es (complete removal of poles) CC-6 K~osks/Bulletm board for handbill posting CC-7 Locate markers and/or signs "announcing" the area CC-8 Merchants-Delta Lodge develop marketing campaign to ~mprove image of area CC-9 City-Merchants-Residents work out a schedule for regular cleaning of streets CC-10 Include landscaping and street trees along Ave A and Fry Street re-design for beautification purposes CC-11 Recogmze that the Fry Street area is a commercial area Limit resldentlal densmes of any new development CC-12 City Council establish Fry Street area as a PID 40 Recommendations and Implementation Actions A useful plan for restoration of the Fry Street comm. unl~f's viability requires dual strategies Solutions wi1 not come easily or qmcldy Obstacles include deep-rooted skepttcism, limited resources available for remedial efforts and hmited participation and interest by area residents As first hand evidence of commitment to the Fry Street area, there are a number of actions, which the City of Denton, the Fry Street Development Corporatmn (FSDC), and The University of North Texas (LINT) can inmate These actions include solid waste services, parking and traffic circulation, property maintenance and community aesthetics In many instances, the recommended actions directly match strategies identified by the stakeholders m the previous section In other instances, the recommended actiuns are based on detailed analyses provided bY city staff All of the actions correspond to one or more of the stakeholder strategies previously ldentlfi_,ed Where there is more than one option available, the preferred recommendation is identified by~ ORGANIZATIONAL Recommended Actions: F~rst, the plan recommends a pubhc-pnvate partnership between the City of Denton, the University Of North Texas and the Fry Street Development Corporation The City roll be the catalyst by lmUatmg the Fry Street area improvements Specifics of this recommendation are discussed under the Parlong and Traffic reconunendatlons, PT- 14/PT- 15 Second, to accomplish the above recommendation, the plan further recommends the creation of a special Fry Street Zoning Overlay District and a Fry Street Public Improvement District (FSPID) A Special Dlstrlot and a PID formation are discussed m detml under the Parking and Traffic recommendations, PT-4/PT-$ and PT-6 LITTER, BEAUTIFICATION AND SOLID WASTE COLLECTION The most apparent actions involve solid waste services and include keeping trash, debris and glass containers out of the area, removal of the dumpsters off the streets and sidewalks to a centralized location, screemng of area containers and/or replacement of the dumpsters for c°mpact°rs Area stakeholders are determmed and committed to cleaning up the image and aesthetics of the area by first removing the dumpsters from the streets and off the sidewalks Recommended Actions: SW-lb A "no glass" container ordinance for the Fry Street Area should be adopted to prevent and eliminate the prohferat~on of litter by and injury from bottles and other glass containers Install centralized solid waste facilities to reduce dumpster visibility and improve solid waste service The following options are available ~1. SW-2/SW-3 The City Solid Waste Department will contact area merchants and property owners to 41 relocate the refuse containers to more centralized areas Customers who are clustered together (by block) should agree to share solid waste containers and services to enable use of one or two strategically placed single large units for a number of users Generators would further benefit from on-premise compaction of solid waste A credit or a discotmt in solid waste rates may be given to those generators who participate in on-premise compaction Further discussion with the Sohd Waste Department regarding this item Is needed to determine service details and monthly collection rates 2. SW-4 Solid Waste will replace dumpsters with centrally located compactors T}us is a strategy that City Solid Waste representatives presented to area stakeholders Use of compactors would significantly reduce the number of pick-ups required since compaction allows the contmnment of more trash Solid waste generators will need to work with the Solid Waste Department to determine a centralized location for the compaeturs Prehmmary cost estimates lnthcate that current solid waste costs will increase roughly 100%-105% for all generators Since the recommendation was first made, the Solid Waste Department has re-evaluated this issue, finding that while compactors are designed to hold more trash, minimize collection frequency and reduce the number of containers m the area, there are some disadvantages to compactor use Increased odor due to the mfi:equency of collection, watery discharge from ram and wet garbage increases due to the compactness of the garbage and the costs associated with placement and service of compactors are slgmficantly lugher for generators than the present dumpster service may result Concrete remforcemant of driveways for the service trucks, security lighting and electric utthty connections to the compactors are adthtional costs If centralized compactors are selected, thc Solid Waste Department will analyze creative financing strategies and alternatives to pay for the up-front costs and other associated costs. The strategic grouping of dumpsters rather than compactors is recommended m the three blocks of the Fry Street study area This proposal and a comparison of centralized dumpsters vs centralized compactors are provided Refer to Table 2, pg. 44. The strategic grouping of the contmners will reduce the number of contmners m the area and will reduce the cost of service to many area merchants, but not every merchant Refer to Figure 13, pg. 47. Design, specifications and actual location of the contmners (either dumpsters or compactors) will include access points, concrete drives, concrete pads, revetments, security lighting, etc and will need to be chscussed and coordinated m greater detail with the City Solid Waste and Planning Departments, FSDC/FSPID, and UNT Whichever option is chosen, the Solid Waste Department will provide up to $20,000 m funds, to cover part of the costs for screening revetments, a concrete drive and a concrete slab and apron for the containers to be placed on This is above and beyond the basic solid waste services that the City provides Generators will be responsible for addRlonal funding costs and future maintenance Furthermore, If a consensus is reached regarding centralized containers, implementation will occur on a block by block basis Removal of grease refuse containers from the curb and right-of-way will also be reqmred Grease refuse containers may be located in revetments if separate access is provided However, the Solid Waste Department will not be responsible for providing service to grease refuse containers (An increase m solid waste rates will result if Sohd Waste has to clean revetments due to 42 grease refuse ) SW-7 UNT empty area trashcans in exchange for the authority to regulate the parking of vehicles on public streets in the Fry Street area and surrounding vicinity Amend current contract to include the streets identified in UNT's proposal Refer to Figure 14, pg. 49. Details of the contract include language indicating that this arrangement is an interim solution until self-management of the trashcans by FSDC/FSPID The Solid Waste Department will provide an additional refuse container for the waste disposal Locatlun of this dumpster °n °ne °f the bl°cks pr°p°sed f°r centrahzed gr°upmg °f the containers or UNT's physical plant facility wall be evaluated by the Solid Waste Department To discourage students from parking in the surrounding residential areas due to heightened UNT enforcement, hang-tags that allow only area residents to park along residential streets are also recommended SW-9 The City Solid Waste Department identify all solid waste generators and require service Fully utilize the enforcement powers of the Solid Waste Ordinance PARKING AND TRAFFIC Recommended Actions: As mentioned previously, there are 2 major organizational actions that must also occur in conJunction with the pubhc.pflvate partnership recommanded earher The creatlun of a special Fry Street Zoning Overlay Dismct (PT-4/PT-5) and a Fry Street Public Improvement District (PT-6) is recommended 1. PT-4/PT-5 Create a special Fry Street Zoning District designed to aid in revitalization that is compatible w~th and vail serve to preserve the character of the Fry Street area The Fry Street Zoning District will set out and establish zoning classification of uses, zoning requirements, including density, area and belght restnctiuns, sign regulations, parking regulations, including off-street and remote off- site parking and loading requirements, transit and traffic operations, public ~mprovements, and aesthetic regulations, including glass container and encampment restrictions and dumpster location requirements The zoning district and regnlat~ons will only be applicable to the Fry Street area Specdic reqmrements related to parking and density include the following options a. Reduce the parking requirements for restaurants and bars in the Fry Street area to one space for each 200 square feet of floor area or one space for each 6 seats, whichever is greater. This ratio allows some existing businesses to expand, and a few new businesses to move into the area In this scenario, ex~stmg business owners have two options First, business owners can retain the current leases for parking, which allows for future expansion The second option allows the business owner to cut costs by renegottatlng the parking leases and reducing the number of spaces leased This option impacts parking availability m the two major parking lots as follows -Lot south of Hickory/East of Ave A- this option would make available between 7 and 43 spaces on this lot -Lot north of Hickory/East of Fry Street- this option would make available approximately 50 spaces on this lot 43 46 47 FIGURE 14 . ~fl r ~'.. ,-.~ ,--', i .... . ~:~ ~-~ " ""' "~J ~i ~ '~ I'1 1']~]~'~ =:~{i' UNT PARKING CONTROL PROPOSA,.. 'o~ re=eln =a= t~ P,) I,>l ~ hi ~ B~ , N~ IT tt~ ~ M I~1~1 ~ ~ ~11~ ~ ]j~ M -- . i ~~a ~ U~P~ ~ o ~ ~ e~ ~*~ 49 These spaces could be made available to tenants wishing to convert existing structures for uses other than those for which they currently qualify as a legally non-conforming use Spaces could also be used for a hm~ted amount of new construction However, the Braiding Inspections Division would review any new construction that would cause a net loss of available parlang In the area on a case by case basis This option does not change the fact that two major property owners control the majority of the available parkang m the Fry Street area It also does not address the problems with variances, illegally non-conformmg uses, and legally non-cunformmg uses or Qb. A Fry Street Zoning District ~s created (PT-4/PT-5) and all parking requirements in the Fry Street area wdl be ehminated and density requirements will be established. Density recommendation' Massing guidelines and Floor to Area (FAR) minimums for new and existing construction will be developed. Anyone attempting to rezone properties outside the estabhshed Fry Street Area boundary for purposes of ezpanding the district will be subject to denial by the Board of Zonang Appeals and the City Council Any residential property rezoned and converted for any use other than residential, will be required to increase parking in the District at a ratio of one space for each 200 sq. ft. of floor area to be converted. This option prevents new development from occumng outside the Fry Street District, will allow for the expansion of existing businesses vertically and pave the way for redevelopment in the area A Fry Street Zoning Overlay District will also eliminate the problems with variances, illegally non-conforming uses, and legally non-conforming uses Also, by setting density restncttons, the hkehhood of uncontrolled growth m the area is lessened As is the case with the first option, the Bmldmg Inspections Division would review any new construction in the Fry Street area on a case by case basis or c. Set "area wide" parking requirements and treat the Fry Street area as a single business entity in relation to parking. This optaon would determine parking requirements for the entire Fry Street area by comparing the total square footage of ali businesses within the boundaries of the area to the total number of parking spaces available in the area. The number of spaces required would be based on a ratio of one space for each 200 sq. ft. of floor area for restaurant/bars and retad uses and one space for each 300 sq. ft. of floor area for office uses. This option allows for the expansion of existing businesses and paves the way for new businesses to locate m the area It also eliminates the current problems with illegally non-conforming uses and legally non-conforming uses by making all uses conforming Also, by settmg parking requirements based on certain uses, the hkelthood of uncontrolled growth in the area Is lessened This option also alleviates the problems associated with the fact that two property owners control the majority of the parking m the area As ts the case with the first two options, the Bmldmg Inspections Division would review any new coustmctlon m the Fry Street area on a case by case basis Also, in instances where new construction or the conversion of existing structures creates a need for addit~onal parking spaces, the individual or entity responsible for the increase will work together with the Fry Street District and the City to 5O seek more joint pai'long Current Zoning Use Breakdown of the Fry Street Area (Figures estimated using Arc Explorer) Square footage Parking Required Restaurant/Bar 43,000 215 Retml/Servlee 65,500 327 Office/Other 27,500 91 Resldant~al 25,000 N/A Total Square Footage 161,000 Total Parking Reqmred 633 There are currently 600 parlong spaces m the Fry Street area If the vanences currently granted m the Fry Street area are factored m, these 600 spaces are more than enough parking to meet the reqmrements (There are also 69 additional spaces on two lots north of Oak Street, across from Voertman's and Bart's, wtuch are controlled by Voertman's ) PT-6 Area property owners should petition the City to create a Fry Street Public Improvement District (FSPID) A PID is a tool, which allows a local government to levy and collect special assessments on property to finance needed pubhc improvements Area property owners are assessed additional taxes based on property values for a specified period of Ume The addmonal taxes are channeled to a Special Improvement District Fund Management of the funds can be through the City or an appointed PID Board A PID can be effective m promoting resources, mamtenance, upgrading of mfrastructure and special services, lmprovmg and expanding on the special character of a neighborhood, enhancmg the identity and visual experience of a neighborhood and assuring the longevity and maintenance of aesthetic improvements A prehmlnary assessment of the possible proceeds generated from a Fry Street PID (FSPID) md~cates approximately $3,000-$4,000/year (assuming a $0 07 per $100 of appraised value) Ttus amount is not a lugh enough yield to help fund many of the Fry Street improvement proposals Use of tlus fund to pay principal and interest on bonds that the City might use for area improvements can demonstrate a wflhngness and commitment to match funding for area improvements The City's Economic Development Department and the Small Area Planmng Division will provide orgamzational assistance However, it is additionally recommended that over the next 3-4 years, the FSPID funds are offset with additional fund raising activities to raise at least $15,000 per year. This averages $375 per year for each of the 40+ businesses in the area. 51 In addltton, bmldtng owners could also agree to require, of tenants and lessees, dues for services and needed improvements m the area LINT provtde additional capital tnvestment assistance for street improvements tn the Fry Street area PT-14/PT-15 The City Eng~neenng and Transportation Department develop a traffic improvement plan for the Fry Street area Reconfigure the traffic circulation on Fry Street, Avenue A and Mulberry Street to one-way (One-way southbound on Fry from Oak to Htckory, one-way northbound on Avenue A, westbound on Mulberry from Welch to I-hckory) Where Avenue A ts offset from Fry Street, change the existing configuratton change to mclude a pedestnan pavthon/mall Also include sidewalk replacement and expansion, new angled head-m parlang, additional meter parhng on Oak Street, additional handicap parking spaces, and new loading zones To lmttate the recommended pubhc-pnvate partnership, the Ctty program $200,000-$250,000 into the 2000 Capital Improvement Program (CIP) Budget towards these improvements FSDC, FSPID and UNT provide streetscape and landscape tmprovements m the area Refer to Figure 15, pg. 53 Addlttonal one-way opttons are also tdenttfied The "pros" and "cons" of each of these opttons including the recommended option (option 5) ts explamed tn a cursory analysis on the following pages Refer to Table 3, pg. 54. Of the six optmns, the Enganeermg and Transportation Department would prefer either optmn one or three However, because optmn 5 is supported by a majority of the stakeholders, the Engineering and Transportation Department is willmg to support tlus option SOCIAL CONCERNS AND SAFETY Recommended Actions: SC-1 FSDC, FSPID and Delta Lodge meet with the mecha to chscuss and develop promotion strategy and campangn for the area SC-2 The Ctty Police Department (DPD) program hmlted funding assistance in future Police Department budgets to include staffing and operation of the Fry Street commumty office Tlus roll supplement funding by FSDC for the office SC-5 Denton Police continue to employ the zero-tolerance strategy as long as offenses are deemed a priority problem SC-6 FSDC and/or FSPID work with area beer &stnbutors and other business interests to create a trust/endowment to fund a part-trine employee to staff the commumty office SC-7/SC-8 The Cay consider locatmg a City UtthUes Customer Service Representative tn the 52 53 TABLE 3: RECONFIGUATION OPTIONS FOR FRY STREET AND AVENUE A BETWEEN MULBERRY AND OAK STREETS I One-Way Southbound from Oak to Mulberry, and Eastbound from Avenue A to Welch Positive Negatives · One-way traffic permits two lanes of travel for the · The etlmmation of two-way traffic can create entire length of the street, subsequently relieving some confusion for motorist especially the multi- congestion thousand new motorists that enroll at the University · One-way traffic makes the concept of angled parking each semester Having a one-way path for the more feasible because ~t allows maneuvenng room for entire length of Avenue A/Fry would at least vehicles to pass as parked cars re-enter the stream of provide continuity traffic · One-way southbound would increase traffic on · One-way traffic makes the concept of angled parking Welch - northbound, as a motorist would no longer more feasible because it prevents cars from entenng be able to go north on Avenue A/Fry Streets parking spaces that are not angled in the direction that the cars are approaching Also, motorists who tend to use more than one lane would not cross m the path of vehicles that are travelling in the opposite direction · One-way traffic the entire length eliminates some turning movements at the intersection of Mulberry and Welch and the intersection of Hickory and Fry and eliminates head-on movements that exists at Fry/Ave A and Hickory · One-way traffic in the same direction across the intersection of Fry/Ave A and Hickory will permit the use of two lanes to allow for multiple movements (straight and left-turn) while simultaneously reducing the amount of stacking that is necessary at the intersection and making angled parking more feasible on Fry Street · The geometry of Ave A lends itself to southbound flow, as a motorist on Hickory would not have to make a full mnety-degree turn to enter Ave A Conclusion There is a net benefit in implementing this option It is possible to increase traffic flow modestly while optimizing the ability to safely place angled parking onto existing streets 54 One-Way Northbound from Mulberry to Oak, Eastbound from Welch to Avenue A Posture Negatives · One-way traffic permits two lanes of travel for the ,. The elimination of two-way traffic increases entire length of the street, subsequently relieving some confusion for motorist especially new motorists congestion that enroll at the University each semester Having · One-way traffic makes the concept of angled parkmg a one-way path for the enure length of Fry/Ave A more fensthle because tt allows maneuvenng room for provides contmmty vehicles to pass as parked cars re-enter the stream of * One-way northbound increases southbound traffic traffic on Welch for those motorists who know the area · One-way traffic makes the concept of angled parking These motorists would no longer be able to travel more feasible because tt prevents cars from entenng on Fry/Ave A parking spaces that are not angled m the direction that the · One-way northbound increases southbound cars are approaching Also, motorists who tend to use traffic on Ave B from Oak to Hickory, southbound more than one lane will not cross in the path of vehmles traffic on Welch from Hickory to Mulberry for that are travelhng tn the opposite direction those motorists who are unfamibar with the area · One-way traffic the entire length ehmmates some · The geometry of Ave A does not lend itself to a turmng movements at the intersection of Mulberry and natural northbound flow A motorist on Ave A is Welch and the intersection of Hmkory and Fry and pointed towards the eastbound traffic on Hickory prevents head-on movements that currently exist at Motorists needing to turn onto Hmkory from Ave A Fry/Ave A and Hmkory have to make a turn greater than 90° degrees · One-way traffic tn the same direction across the intersection of Fry/Ave A and Hickory permits the use of the two lanes to allow for multiple movements (straight and left-turn) while stmulteneously reducing the amount of stacking that ts necessary at the intersection and making angled parking more feasible on Avenue A Conclusion There is a net benefit, mostly the same as tn o itlon one, however the angle of Avenue A at Hickory lends this to be less beneficial than option one 3 Two-Way from Oak to Welch, Status Quo Positive Negatives · Two-way traffic ts a well-known traffic situation · Angled parkmg is qot feasthle because parking among all facets of the pubbc whether familiar with the maneuverability blocks traffic and leads to an area or not increase m fender benders There is not an extra · The cost of implementing status quo ts zero Any other lane to permit traffic to move around a vehicle situation will reqmre some money · The intersection of Hickory and Fry/A is not a very good intersection for either automobiles or pedestrians No one on Fry or Ave A ~s required to use that intersection at Hickory · Movements at the existing mtersectlon of Fry/A and Hickory are conflicting Conclusion Zero increase tn benefit however, there ts no new cost, and two-way traffic is a familiar situation to most drivers 55 4 One-Way Southbound on Fry Street from Oak to Hickory, One-Way Northbound/Westbound on Avenue A/Mulberry from Welch to Hickory, Avenue A, Fry and Hickory intersect in their current configuration Positive Negatives · One-way traffic makes the concept of angled parking · Because there is a mandatory turning movement, more feasible for the mid-block areas because ~t allows traffic may have to narrow to one lane to make the maneuvenng room for veMcles to pass as parked cars turn A design study is needed to determine if a reenter the stream of traffic double left turn is possible using templates · One-way traffic makes the concept of angled parking Stacking needs are greater if the two lanes merge more feasible because it prevents cars fi.om entenng · It two lanes must merge, with the increased need parking spaces that are not angled in the direction that the for stacking, the amount ofparkmg, angled or cars are approaching Also, motorists who tend to use parallel that is feasible is reduced Even if parking more than one lane will not cross in the path of vehicles is permitted, it is difficult to ingress and egress that are travelling in the opposite direction these parking spaces · Some turning movements are eliminated · Some turning movements are ehmlnated at Hickory and at Mulberry The remaining situation at Hickory Street is worse than option 3 because there la a concentration of motorist reqmred to turn on to Hickory Hickory is the primary movement, therefore traffic wd! have to wait longer before being able to turn on to Hickory · The amount of traffic on Hickory increases greatly between Fry/Ave A and Welch Welch will experience an increase in traffic in both directions between Oak and Mulberry because motorists who enter and leave the Fry/Ave A area have to use Welch Unfamiliar motorists will be more prone to make mistakes in this area due to the changes in one-way movements · A head-on situation is created at Fry/Ave A and Hickory In addition, a right-of-way dilemma arises as right-turn on red is legal, and let~-turn on red is legal on a one-way street · All traffic on Fry Street and Ave A MUST use the intersection at Hickory Street Conclusion This option produces no net benefit Traffic flow is impaired and the ability to safely add on- street parking is decreased 56 5 One-Way Southbound on Fry Street from Oak to Hickory, One-Way Nor thbound/Westbound on Avenue A/Mulberry from Welch to Hickory Avenue A and Hickory intersect at a 90° angle, and no longer ahgns w~th Fry Street Positive Negatives · One-way traffic makes the concept of angled parking * Because there is a mandatory turning movement, more feasible because it allows maneuvenng room for traffic may have to narrow to one lane to make the vehicles to pass as parked cars re-enter the stream of turn A design study is needed to determine ifa traffic double let[ turn is possible using templates · One-way traffic makes the concept of angled parking Stacking needs are greater if the two lanes merge more feasible because it prevents cars from entenng · If two lanes must merge, with the increased need parking spaces that are not angled in the direction that the for stacking, the arnount of parking, angled or cars are approaching Also, motorists who tend to use parallel that is feasthle is reduced Even if parking more than one lane will not cross in the path ofvehmles is permitted, it is difficult to ingress and egress that are travelling in the opposite direction these parking space, · Some turning movements are eliminated at Mulberry · Some turning movements are ehmmated at and Oak Streets Hickory and at Mulberry The remaining situation · The head-on movement at Fry/A and Hickory is at Hickory Street is worse than option 3 because eliminated there is a concentration of motorist required to turn on to Hmkory Hm!~ ory is the primary movement, therefore traffic will have to walt longer before being able to turn on to Hickory · The amount of traffic on Hickory increases greatly between Fry/Ave A and Welch Welch will experience an mcraasc In traffic In both directions between ()ak and Mulberry because motorists who enter and leave the Fry/Ave A area have to use Welch Unfamiliar motorists will be more prone to make mistakes in this area due to the changes in one-way movements · The separation dl,tance between Fry and Hickory and Ave A and Hickory is not sufficient to aid traffic flow Fm'therinora, this separation requires two sets of traffic signals and the synchromzatlon of the signals on Hickory is reduced · All traffic on Fry Street and Avenue A MUST use the intersection at Hickory Street · The separation distance between Fry and Avenue A does not leave enough room for stacking to make the traffic hght work appropriately There is only enough room for two cars to walt on Hlckoryatthcmter,,ectionofAve A lfthe signal facing Hickory is red (at Hickory and Avenue A), only a hmlted number of cars from either Fry or Hickory can proceed without blocking the Fry and Hickory intersection · By moving the intersection of Avenue A, there · s a great cost assoc:ated with this option not associated with any other option Please see costs following this sectmn Conclusion This option will create no net benefit greater over any of the other opt*ohs 57 6 One-Way on Fry Street from Oak to Htckory, Two-Way on Avenue A/Mulberry, extst~ng geometry Posmve Negattves · One-way traffic makes the concept of angled parkmg · G~ven the number of mtersecttng driveways, the more feastble because tt allows maneuvenng room for number of angled parktng spaces that can be added vehmles to pass as parked cars reenter the stream of may be luntted The only reason to even constder traffic a one-way Fry Street ns to tncrease parking As · One-way traffic makes the concept of angled parktng thts street ts narrow, tt ns almost certam that to more feosthle because tt prevents cars from entenng make any sttuat~on work wtth Fry Street, the entire parking spaces that are not angled m the d~rect~on that the street would have to be rebuilt Any other option cars are approachmg Also, motorists who tend to use that allows for a contmuous (same) one-way more than one lane will not cross tn the path of vehmles movement across all three street secttons wall that are travelling m the oppostte dtrectton tmprove traffic flow tn the extstmg right-of-way, · Turning movements are only ehmtnated at etther even tfthe street cannot be mbmlt to add parkmg Hmkory or Oak, but not both · This sttuat~on creates a very confustng sttuatton · In etther d~rect~on, two lanes are permitted on to etther for unfamthar motorist smce all parts of Fry/Ave Oak or Htckory because there are multtple movements at A ~s two-way except for thts one block In etther mtersectton (e~ther strmght or left-turn ) addtt~un, there ~s an tncreased tncenttve to travel the wrong way on Fry, thus breaking the law, ~fa motorist can see that the next two-way sectton ns just one block away · The one-way Fry Street wtll mcrease traffic on Avenue B and Welch, dependtng on the d:reettun of Fry Street · If Fry Street ts southbound one-way, there ts a risk of a head-on sauat~on at the mtersectton of Fry/Ave A and H~ckory, and an increase tn the amount of traffic on Hmkory · If Fry Street ns northbound, not only ns there the risk of a head-on s~tuatton, the amount of traffic on Oak ~ncreases stgmficantly due to the fact that all motorists on Fry (northbound or southbound) MUST use the mtersectton at Oak Street Traffic on Oak between Fry and Avenue B increases stgmficantly Conclnston Th~s optton promdes no new benefit on tts own and there ~s no pubhc benefit created by spendmg money (wtdemng the street or stdewalk) on th~s one street section alone Safety ~s an tssue smee thts one block wtll be an anomaly to all contiguous pomons of Avenue A and Fry streets 58 community office on a trial period of one year to increase the hours of operation The Fry Street community office receives a high proportion of staffing hours than any other area of town The Fry Street area has two Pohce Officers assigned to work on b~cycle during the peak hours, plus one officer during each of the three shl~s An increase beyond these staffing levels Is simply not justified by the current call load and criminal activity reported in the l~ry Street area PROPERTY MAINTENANCE Recommended Actions: PM-1 The City Bml&ng Inspections and Code Enforcement Department target properties m the area for enforcement of City code violations The FSDC and/or FSPID determine if mamtenance guidelmes are appropriate for the Fry Street area If so, meet w~th City Code Enforcement and Planning staff to d~scuss the creation of guidelines COMMUNITY CHARACTER Recommended Actions: CC-1 The City require Delta Lodge to meet w~th all pertinent City personnel at one meeting to discuss orgamzat~on of the Fry Street Fair Delta Lodge include FSDC and/or FSPID m the Fair planning meetmgs and m the chstnbutlon of the proceeds FSDC/FSPID develop and coordinate other fund-rinsing activities, m ~utdtt~on to the Fry Street Fair held annually by Delta Lodge, to help match, leverage or supplerrtent C~ty funding of Fry Street Area improvements CC-3 Adopt a "no encampment" ordinance to probablt sitting, laying, loltermg and reclmmg on sidewalks m the Fry Street Area durmg specified hours Continued uo, of the Enforcement Authorization Program CC-7 FSDC/FSPID provide markers and signs identifying the Fry Street Area The area serves as a gateway to the UNT campus and to downtown Denton Add marker s~gns to the existing street signs m the Fry Street area Create area logo and place on area ltashcans and containers CC-10 FSDC/FSPID provide landscaping, lrngat~on and street trees m conjunction w~th traffic improvement plan (PT- 14/PT- 15) CC-I 1 Delta Lodge has applied for a Special Use Permit (SUP) to rebmld a new fratermty house on the vacant lot located at 1305 W Oak Street The structure that formerly occupied the site was completely destroyed by fire The proposed use is compatible w~th the area, and under present zoning regulations, an SUP ~s required for the estabhshment of a fratermty The previously mentioned recommendations are early action agenda st~ ateg~es Implementation of these strategies and the rematmng strategies and recommendations, which are more long-term and reqmre a greater detml of pubhc-pr~vate cooperation, are presented ~n the Fry Street Small Area Plan Zoning and Implementation Actaons Refer to Table 4, pg 61. VI. CONCLUSION The Fry Street area reqmres Immediate attention It ~s t~me for more action and less talk, t~me to transform renewed enthusiasm and energy into positive steps toward restoration of the commumty and the well being of ~ts resxdents Improvements are needed to undo years of deferred ~nvestment, advertent neglect and overdue renovation Procrastination and apathy can only lead to further deterioration and ~nstabthty ~n the Fry Street area Improvements w~ll be costly and w~ll reqmre a considerable financxal commitment not only from the City of Denton, but the Umversity of North Texas, The Fry Street Development Corporation, residents merchants, business and property owners in the Fry Street area The d~stnbutlon of the financxal commitment does not necessarily have to be equal, however ~t does have to be shared All of Denton neighborhoods are ~nterconnected and interdependent Harm to a part damages the whole However, the reverse ~s also true neighborhood gmns benefit the entire commtm~ty Changes ~n the Fry Street area ~nvolve social, economic and physical recovery While the concerns are umque, ~ssue defimtlon and possible strategies d~scussed by the Fry Street area stakeholders can be applied ~n many areas of the c~ty Neighborhoods have to heal from within W~thont ongoing ;nvolvement and full commitment of neighborhood residents and businesses, there can be no lasting gmns Self-rehance and personal initiative must play a much greater role than they have m the past 60 RESOLUTION NO ~'~-~0~70- ~70~'~ A RESOLUTION AMENDING THE FRY STREET SMALL AREA PLAN FOR OFF- STREET PARKING RECOMMENDATIONS AND IMPLEMENTATION ACTIONS FOR AREA IMPROVEMENTS, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton has formulated a new comprehensive plan to be adopted by the City Council, and WHEREAS, the Comprehensive Plan sets a framework for planning and strategy development for the entire City of Denton, and a small area plan, through the Small Area Planning Program, supplements the comprehensive plan with more detml necessary to guide everyday community development decisions, and WHEREAS, the City Council adopted the Small Area Planning Program and authorized the untlatlon of a small area plan for the Fry Street Area on January 6, 1998, and WHEREAS, the City Council adopted the Fry Street Small Area Plan as the first in a series of specific community plans to build on the work of the comprehensive plan on June 15, 1999, and WHEREAS, through a review process with Fry Street area residents, business owners and other area stakeholders, a framework of recommendations on future land use, transportation and public improvements has been formulated to assist with future decision making and case-by- case development of the Fry Street area, and WHEREAS, through additional review with Fry Street area residents, business owners, other area stakeholders and City Council have agreed that the off-street parlang recommendation will be revised to include an interim revision of the off-street parking requirements for nonresidential development from one parlong space per 200 square feet of gross floor area to one parking space per 400 square feet of gross floor area, while keeping all other provisions the same as provided in Exhibit A, and WHEREAS, the Fry Street planning area is identified as the area bounded by Welch Street to the east, Oak Street to the north, Avenue B to the northwest, Avenue A to the southwest and Mulberry Street to the south, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 That the Denton City Council amend the Fry Street Small Area Plan off- street parking recommendations as adopted by Resolution 99-025 as provided in Exhibit A which is attached to and made a part of tfus ordinance for all purposes SECTION 2 That save and except as amended hereby the remmmng sections, sentences and clauses of the Fry Street Small Area Plan and Resolution 99-025 shall remain in full force and effect SECTION 3 That this resolution shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED this the / ~-'-~ day of %.7(-~~.~ 2000 JA KQ~ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PR. OI,.ITY, CITY ATTORNEY By Page 2 of 2 EXHIBIT A Fry Street Small Area Plan Zoning Overlay District Recommendation Amendments The Fry Street Small Area Plan page 50 These spaces could be made available to tenants wishing to convert existing structures for uses other than those for which they currently quahfy as a legally non-conforming use Spaces could also be used for a hmlted amount of new construction However, the Building Inspections Division would review any new construction that would cause a net loss of available parking in the area on a case by case bas~s This option does not change the fact that two major property owners control the majority of the available parking in the Fry Street area It also does not address the problems with variances, illegally non-conforrmng uses, and legally non-confonmng uses b A Fry Street Zoning District is created (PT-4/PT-5) and all parking reqmrements m the Fry Street area, as an interim measure to be reevaluated at a later date by City Couned will be reduced to 1 off-street parMng space per 400 sq fl of floor area for all nonresidential uses ~' d-~n::ty rzqr.:~cmznt: wi.". be z:tabl::kc~. Density recommendation Massing guidelines and Floor to Area (FAR) minimums for new and ex,sting construction ~vlll be developed Anyone attempting to rezone properties outs,de the estabhshed Fry Street Area boundary for purposes of expanding the district ~vdl be subject to denial by the Board of Zoning Appeals and the City r~ ....... , ........ j and pave the way for ......... will allow for the expansmn of existing businesses ....... redevelopment m the area A Fry Street Zoning Overlay District will also mlmmtze ek:v.:r.atc the problems with variances, illegally non-conforming uses, and legally non-conforming uses Also, by semng density restrictions, the hkehhood of uncontrolled growth m the area ,s lessened As ~s the ease with the first opt,on, the Building Inspectmns D,wsion would review any new constmctmn in the Fry Street area on a case by case basts c Set "area wide" parking requirements and treat the Fry Street area as a single business entlt) in relation to parking This option would determine parking requirements for the entire Fry Street area by comparing the total square footage of all businesses withm the boundaries of the area to the total number of parking spaces available in the area The number of spaces required would be based on a ratio of one space for each 200 sq ft of floor area for restaurant/bars and retail uses and one space for each 300 sq ft of floor area for office uses Th~s option allows for the expansion of existing businesses and paves the way for new businesses to locate in the area It also ehmLnates the current problems with illegally non-conforming uses and legally non-conforming uses by making all uses conforming Also, by setting parking requirements based on certain uses, the likelihood of uncontrolled growth in the area is lessened Th~s option also alleviates the problems associated with the fact that two property owners control the majority of the parking In the area As ~s the case with the first two options, the Budding Inspections Dtvismn would review any new constnlctlon m the Fry Street area on a case by case basis Also, in instances where new constrllctlou or the conversmn of existing structures creates a need for additional parking spaces, the individual or entity responsible for the increase will work together with the Fry Street District and the City to seek A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the term of office of Ohve Stephens, a member of the Board of Managers of the Denco 9-1=1 District, will expire on September 30, 1999, and WHEREAS, Chapter 772 of the Texas Health and Safety Code provides that two votang members of the Board of Managers of an Emergency Commumcatlon District shall be appointed jomtly by all cities and towns lying wholly or partly v~th the d~stnct, and WHEREAS, the C~ty of Denton, Texas wishes to nominate a member to smd Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES SECTION I. That the City of Denton, Texas hereby nominates O~_xve $~cephens as a member to the Board of Managers of the Denco Area 9-1-1 Emergency Commtuncat~on District of Denton County for a two year term to commence October 1, 1999 ~ That tbas resolution shall become effective immediately upon ~ts passage and approval JA~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PRO~TY~, ~,~Y,/~TT~E~ Y A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A RE- VISED VERSION OF AN INTERLOCAL APPORTIONMENT AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE TOWN OF NORTHLAKE, TEXAS ATTEST- lNG AND CONSENTING TO THE ADJUSTMENT OF EXTRATERRITORIAL JURISDIC- TION BOUNDARY LINES BETWEEN THE CITIES AND PROVIDING FOR THE PROVI- SION OF MLrNICIPAL SERVICES, RATIFYING PAST ACTIONS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on the April 15, 1999, the Town of Northlake, Texas ("Northlake") passed Resolution 129 rehnqulshlng and reducing the area of its extraterritorial jurisdiction ("ETJ') de- scribed therein m accordance with Tex Loc Gov't Code §42 023, and WHEREAS, City of Denton, Texas ("Denton") passed a concurrent resolution accepting this area into its ETJ in accordance with Tex Loc Gov't Code §42 021 and 42 022, and WHEREAS, those resolutions anthonzed the respective Mayors of Denton and Northlake to enter into an Interloeal Apportionment Agreement adjusting and consenting to the adjustment of ETJ boundary lines between the Cities, and providing for the provision of municipal services, substantially in the form attached to the resolutions, and WHEREAS, subsequent to the passage of these resolutions, there have been negotiations between Denton and Northlake, and a number of changes have been incorporated into a revised Interlocal Apportionment Agreement, which is attached hereto as Exhibit "A", some of which changes could be considered substantml, and WHEREAS, the City Council deems it in the public interest to approve and anthonze the Mayor to execute the revised Interloeal Apportionment Agreement attached as Exhibit "A", NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES 13..F,,~T.!Q.!2L~ That the attached revised Interlocal Apportionment Agreement between Denton and Northlake is hereby approved, and the Mayor, or in his absence the Mayor Pro Tern, is authorized to execute said Agreement Further, all prior actions of the Mayor, the City Man- ager, the Assistant City Manager for Development Services, and the City Attorney in negotiat- ing, revising, and executing this Agreement are hereby ratified and approved ~ That tbas resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the~'~h~ day of D(l/kt~ ,1999 ~A~IL-~R~ MAYOR ' ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY Page 2 , AN INTERLOCAL APPORTIONMENT AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE TOWN OF NORTHLAKE, TEXAS ADJUSTING AND CONSENTING TO THE ADJUSTMENT OF EXTRATERRITORIAL JURISDICTION BOUNDARY LINES BETWEEN THE CITIES This Agreement, entered into this 22nd day of June, 1999, by and between the City of Denton, Texas (hereafter referred to as "Denton") and the Town ol Northlake, Texas (hereafter referred to as "Northlake"), both parties being pohtmal subd~wsmns organized and existing under and by virtue of the laws of the State of Texas and acting herein by and through their duly authorized mayors WHEREAS, Denton is a home-rule c~ty lying and being situated w~thm the county of Denton, State of Texas, and WHEREAS, Northlake ~s a general law mummpahty lying and being situated m thc county of Denton, State of Texas, and WHEREAS, Northlake and Denton have received a petition from the Robson Group, the property owners of 794 acres of land more fully described in the body of this Agreement, requesting Northlake to release this area from ~ts cxtratemtonal junsdmtion (ET J) and requestmg Denton to expand ~ts ETJ to encompass th~s area and to annex a portion of same, which petition is attached to and made a part of th~s Agreement for all purposes as Exhibit "A", and WHEREAS, Northlake has passed a resolution rehnqmshlng and reducing the area of 1ts ETJ described hereto m accordance with Section 42 023 of the Texas Local Government Code, and Denton has passed a resolution accepting th~s area into its ETJ tn accordance w~th Seetmns 42 021 and 42 022 of the Texas Local Government Code, and WHEREAS, Denton and Northlake desire to adjust their ETJ boundary lines whereby Northlake will release from ~ts extraterritorial junsdmtlon certain lands to be annexed by thc City of Denton and certain lands to become part of Denton's extratemtonal jurisdiction, and WHEREAS, the part,es w~sh to enter ~nto an Interlocal Apportionment and Services Agreement under and subJeCt to the prows~ons of the Texas Local Government Code, Chapter, 791, the Interlocal Cooperation Act, and WHEREAS, both Denton and Northlake have the authority to perform the services set f°rth in the Agreement ~ndlwdually, H \L~brary\Northlake\Countyofl)enton\InterlocalAgr C~ty Page 1 NOW, THEREFORE, DENTON AND NORTHLAKE, FOR THE MUTUAL CONSIDERATION HEREINAFTER STATED, AGREE AS FOLLOWS SECTION 1 That m consideration of Northlake reducing the ETJ area and Denton agreeing to accept the ETJ area described here~n w~th~n ~ts ETJ, annex a port~on of the same, and to prowde the servmes set forth hereto, the parties agree that the following extraterritorial jurisdiction boundary realignment between Denton and Northlake, as hereto described and under the conditions set forth here~n, is ~n the best interest of the inhabitants of both c~ties SECTION 2 The line described by metes and bounds set forth in Exhibit "A-l" and as depicted on the Apportionment Map attached as Exhibit "A-2" in th~s Joint Resolution and Agreement, shall become the south and west hne of apportionment and the extratemtonal jurisdiction hm~ts for Denton and the north and east hne of apportionment for Northlake, affecting all overlapping and contiguous extraterritorial jurisdiction between Denton and Northlake, and the extension of the corporate limits orboth Northlake does hereby rehnqmsh and release t° Dent°n all extraternt°naljunsdlct~°n rights it has or may have m and to that certmn 794 acre tract of land ~dentffied as Tract 1 in Section 4 hereof (the Property) SECTION 3 Northlake and Denton agree that the extent of the extratemtonal j unsd~ction of Denton, if ~t exceeds the 3 ½mtle d~stance standard set forth ~n Section 42 021 of the Texas Local Government Code for mumcipaht~es w~th 50,000 to 99,999 ~nhab~tants, will extend to the apportionment hne described in Exhth~ts "A-l" and "A-2" by the written petition of the property owner, attached as Exhibit "A", ~n accordance w~th Section 42 022 of the Texas Local Government Code SECTION 4 That Denton agrees to annex that certain 794 acre tract of land described as Tract 1 ~n th~s Interlocal Apportionment Agreement w~thm s~x months of the effective date ofth~s Agreement, and Northlake grants its consent to such an annexation Tract 1 ~s described by metes and bounds set forth ~n Exhibit "A-3" and reflected on the map depicted in Exhibit "A-4" hereof, released from the extraterritorial jurisdiction of Northlake, and Denton agrees to assume the rights and obhgat~ons appurtenant to said property SECTION 5 That Denton shall, at ~ts cost and only upon request and consent by the Northlake Town Councd, prowde retml water and retail sanitary sewer serwce to a single point south across Crawford Road, to a property ~ns~de the Northlake ETJ and adjacent to the Crawford Road right-of-way A H XL~braryXNotthlake\CountyofDenton\InterloealAgr City Page 2 single water tap and a single sanitary sewer tap shall be installed, with the tap fees assessed to the property owner, and shall be adequate to support the development of a maximum of 150,000 square feet of commercial and/or retml gross floor area Denton must approve the construction plans for the private connections to the Denton utility systems Denton will not provide water service unless the sanitary sewer connection is installed The water and wastewater taps shall be considered temporary, and shall be eliminated within SlX months of a request by the Northlake Town Council to terminate said services In the event ora breach of this Agreement and the dlsannexatlon of the Property by Denton, Denton shall not have any further obhgatlon to provide utility service pursuant to this Section SECTION 6 That Denton and Northlake agree to abide by the terms of the Interlocal Fire Mutual Aid Agreement, in substantially the form attached as Exhibit "A-5" of this Agreement SECTION 7 That, save and except as otherwise indicated in this Agreement, Denton and Northlake agree and resolve that the adoption by both cities of this Interlocal Apportionment Agreement, and the release of the aforementioned property by Northlake, does not mitigate, diminish, or lessen in any way the rights that either party may have, at law or in equity, to challenge or contest any other annexations or attempted annexations made by the other party SECTION 8 (A) It will be considered a substantial and material breach of this Agreement if (1) Northlake releases the ETJ area described herein to any other person or entity, or (2) Denton fails to annex Tract 1 within SlX months of the effective date of this Agreement, or (3) Robson Denton Development, L P does not commence permanent construction on Tract 1 within one year of the effective date of this Agreement, or (4) Denton fails to provide any of the municipal services it is required by this Agreement to provide For purposes of this section, "permanent construction" means that on or after the effective date of this Agreement, Robson Denton Development, L P has awarded one or more contracts in an amount of $1,000,000 or more for the construction of infrastructure for development of the Property and infrastructure in an amount of at least $1,000,000, has been constructed in or on the Property H \Ltbrary\Northlake\CountyofDenton\InterlocalAgr C~ty Page 3 (B) Each party shall gtve the other party prior written notice of any alleged breach of this Agreement The party receiving the notice shall have 30 days to correct the breach If the breach ~s not corrected w~th~n 30 days of written notice, the non-breaching party shall have the right to pursue all remedies available at equity or law If the breach involves an event of default under Section 8 (A) (2) or Sectmn 8(A)(3), the parties agree that ifa breach is not cured upon notice as prowded herein, the prows~ons of Section 9 shall apply and be controlling (C) All notices shall be sent postage prod to the part,es at the following addresses To City Manager To Mayor C~ty of Denton Town of Northlake 215 E McKlnney St P O Box 729 Denton, Texas 76201 Justin, Texas 76247 SECTION 9 (A) Denton and Northlake agree that if Denton does not complete annexation proceedings of the Property within six months from the date of the effective date ofth~s Agreement, all land released from the ETJ of Northlake pursuant to th~s Agreement and Northlake Resolution No 129 shall revert to the ETJ of Northlake, and Denton shall release any claims ofjunsdlct~on over the land to Northlake (B) Denton and Northlake agree that ff Robson Denton Development, L P does not commence permanent construction on Tract 1 within one year from the effective date of this Agreement, all land released from the ETJ of Northlake by this Agreement and Northlake Resolutton No 129 shall revert to the ETJ of Northlake, and Denton shall take all actions required by law to dlsannex the Property, and shall release any claims ofjunsd~ctmn over the Property to Northlake The part,es recogmze that, at the time of execution of this Agreement, it is Denton's position that this SecUon 9(B) ~s unenfomeable SECTION 10 That the part,es' Resolutions referenced ~n the fourth clause of the Preamble to this Agreement and th~s Agreement shall constitute the written consent of Denton's City Council and Northlake's Town Council to reduce or adjust the respective mumc~paht~es' extraterritorial jurisdiction in accordance with Sections 42 021,42 022, and 42 023 of the Texas Local Government Code and other applicable laws SECTION 11 Should the relinquishment of the ETJ as described hereto be declared lnvahd by a court of competent jurisdiction, after all appeals have either lapsed or been pursued, the Joint Resolution shall be deemed void and the ETJ boundaries here~n estabhshed shall revert to and be the same as the boundaries as they existed on April 1, 1999, or as otherwise estabhshed by any such court order H \L~brary~qorthlake\CountyofDenton~lnterlocalAgr City Page 4 SECTION 12 A copy of this Agreement shall be recorded m the Deed Records of Denton County, Texas, and shall be further av/ulable to the public through the respective Town or City Secretaries SECTION 13 Venue of any htlgatlon concermng this Agreement shall be In a court of competent jurisdiction sitting ~n Denton County, Texas IN WITNESS WHEREOF, this Agreement has been executed the day and year first above written, by the pames hereto through their respective mayors after being duly authorized to do so by a vahd and binding resolutwn enacted by the respective governing bodies of both mun~c~paht~es PASSED AND APPROVED by the City Council of the C~ty of Denton th~s .-,lASh}day of ., 1999 ATTEST CITY OF DENTON S( mir r l 'alte s Ja City Secretary Mayor APPROVED AS TO FORM Herb Prouty City Attorney PASSED AND APPROVED by the Town Council &the Town of Northlake this ~- day of (~,JfX~~- ,1999 ^"T"X'~e"r' ,'[~'.'.~ . "..., ., OWN OF NORTHL Sh,rley Roge~t Town Secret~ry APPROVED AS TO FORM Town Attorney Town of Northlake H \L~brary~qorthlak¢\CountyofDenton~lnterlocalAgr City Page 5 Exhibit "A" 04/~9/99 ~[ON 15' 62 F.,~T. 9403497?07 CITY OF' DF.,XTON I'L~IXG ~oo'~ AND CI~ COUNCIL oF PLANNING & D~PME~ ~ THE C~ OF D~ON, T~8 ..... The undersigned does hereby petlhon for annexaUon of 2.745.51 acres located at the southwestern ETJ boundaries of the Cltv of Denton and the northeastern ETJ boundaries of the Town of Northlake. between 1- 35W and Florence R.n~d_ and between Crewford end L~velv Roads. The properly Is more particularly descnbed in the~ attached survey description and shown on the attached map The undersigned also certifies that the following required Information c~ncemlng the land and Its inhabitants Is reasonably accurate and assumes responsibility for complebon of said Information prior to scheduled action on the request by'the City of Denton 1. Is petltlon being Initiated by owner(s) or majority of registered votem In area of reql. last? Yes No ~X If no. what Is the status of the appltsat~on? ~ oehtlon Is belnCl submitted on the Dart of the ~.,ontract vendee to p~Ir~hese the orooertv and developer of the orooertv 2 How many dwelling unlb are located within the area ~questad for annexation? TwO famnhouses are Ioc~tted on the nroaertv:, both am In a state of dlsmoalr One unit ~s occupied 3 How many businesses or non-residential land uses am located wlthln the ama of the request? Please provide a general description of these land uses including the name(s) of businesses, If known 4 Does ama of request Include any territory within the c~.y lim~ or extratemtorla] jurisdiction of another c~'y? Yes X No 5 Estimated population of the area of request ;~ Adults 0 . Children 0 Number of registered voters? 6 At the time of this petition, have any other annexation procedures been initiated for all or any part of the ama requested In this petition? Yes X No Ifyes, please explain the procedures begun and their status. This aoollcati~ll is also [ntanded tq s~rve as written notice to the Town of Northlake of the ~nsent and moues{ on the part of the omoer[v owner for all portions of the described ~m~e~ w~thm the PU~ of ~lun~w anne~tlan. An Inteflo~l a~mem~ under ~ns~de~on be~n ~e CIN of Denton and the Town relinquishment ~ No,blake ~Jr a~tan~ of No,lake ETJ bv ~e C~N of DenOn. and ann~on bv the C~ of[Denton. ~ls aoo~on Is subml~ed In antlcloaflon of the axe,ban of ~e Interlo~l aqmement. 7 Does a water supply dls~ lie wl~ln ~e boundan~ of ~e ama pmp~ed ~r anne~on? Yes No 8 What ~mng, B any, other ~n ~H~ltu~ (A). ~ being requested under separa~ petition? A~ appll~tlon for a P~nned DeveloomeM ~n~ot Plan for the e~im ~. a.nd a Planned Development De~ll~ plan for ~e flint oh~e of ~e develooment of a ~A retirement ~mmunlN will be su~lffed In ~niun~lon wl~ ~e ann~flon oefl~on. 9 How much of ~mto~ ~op~ ~ra~ w~ll be Included in the PD zonlna eoell~tlen 10 ~at Is ~e pu~ose ~ ann~flon? ~e annexation ~s intended ~ ~ll~te the develooment ~ a mawr planned ~uniN Within the Denton ~ Ilml~ ~at ~11 have ~e benefit ~ ~lnMed ~nl~ and su~lvlslon m~le~one epd ao~mva s. ~nslstept bu~ldlna ~de ~ulremen~. and ~nsistent ore,sion of mumcloal 11 Planned land use (If ~nlng ~s being mqu~d) Pmp~ Unit ~ego~ & T~I Per ~e And/Or p~p~ed Acmaae ~uam F~ae a ~lngle ~mlly de~ched b Single ~m~ a~ (~wnhouses, ~us~r. etc ) A~ached pa~o/garde~m lot line d Duplex e MuE~-F~Ily g Nelghborh~d 8ewl~ h General Retail Commemlal Ught Indus~l k Heavy Indu~al 2 Proposed use(s) If specific use pe~t or plann~ deveio~me~ (PD) being requested Planned Develoomeqt Con~ot ~an land us~ envlal~ed include: r~ldantlal land use. Neighborhood Se~s. Outdoor R~eation. CommunlN Se~lce. Pa~n~. an~ s~ets and floh~[~av ~e s~c~c.a~es bv la~d Use and req[~!~t[o0s qovernlna ~e orooosed uses ~11 be omvid~ In de~l ~n the PD aao~flon. 12 Have petitioner(s) ~ml~a~d ~emsel~ ~ the official ann~flon poll~ land use pohmes, and ~e standard municipal s~i~ plan of ~e CI~ ~ Denton? Yes ~ , No Na~ of Owner (s) 81gna~m (s), Add~(~) Telephone #($). Dat~, ..... Ifpet~flonerls not the owner of the property' Status Contract vendee PettflonerName($) Robson Ranch Denton, LLC, a Delaware limited liability company Signature(e) Address(es) 9532 E. Ri~s Road T~ephons ~(s). 480-895-4297 Date ~/19/99 *F~e[d No~s and Lo~Uo~ Map for ar~ p~ ~r anne~on mu~ be submlt~d along w~ ~mple~d per,ion bafo~ pro.ss FROH DENTON CI~ ~TTORNEV F~X NO 940~g27923 e6-14-gg g2 gTp p ~5 Exhibit A-l: Apportionment Line - Metes and Bounds BEGINNIN~ at a point m the centerlme of a pubhc road knovm as Crawford Road. same being thc southwest corner of the E P*~ano Survey, Abstrac~ No 994, and thc southez, st comer of'thc M Scurlock Survey, Abstract No 1141, on the north line of the P Rock Survey, Abstract No 1063, said point ly~nl~ 5,015 fee~ west of the intersection oft. he centerhne o£Crawt'ord P, oad and Interstai:e l-IIghway 35~V, same belnll the begummt~ point of ~he Appomonment .a, ireemenl Line betaveen th~ ' e City of Dcn~on, Texas and the Town of Arkie, as recorded In Volum '/I6, Page 145, of tim Deed ltccords of D~nlon County, Texas, THENCE Westerly in Crewford Road, sanl¢ being th~ south hne of said M, Scurlock Survey and the north hne ot'sa~d P Rock Survey, puslng the northwest comer o~' said P P, ock Survoy and the northeast comer of the I lames Survey, .~balracr No 1501, contmuinR a total distance o~ 10, I58 feet to a poin~ fol~ confer at lh~ southwest corner of said M Scurlock Survey, same being on thc east hne of smd J Anderson Survey, Absirac~ No 21, in~h~ ce,~terlin¢ ofCrawford P, oad. Tt4ENCE Northerly in Craw/'ord Road, with the west li~e ofs~d M Sct~rlock Survey and the east line ~ said ~ Anderson Survey, a d~stanoo of 3,696 i'ee~ to a point for comer al the northeas~ comer of said ! Anderson ,Survey and the southeast comer oft. he W L Dunnln~ Survey, Abstract No I~61/, THIS~CI~ We~tedy in Crawford Road, wnh ~he south hne of'smd W L Dunning Survey ,nd the north line of smd $ Anderson Survey, a distance of 2,333 feet to a poml for comer at the northwes~ comer of said J ,anderson Stlrvey, same being and miler ell corner of smd W L Dtmnmg Survey, sa~d pmnt lying m the intersection of thc centerhne l~lorence Roid alit Crawford Road, THENCE Northerly in Florence Road, a distance of 6,654 feet to a point for comer er ~he southeast comer of the A. Felms Survey, Abstract Ilo 1286, samc bang an inner ell corner ofthe T & P R.R Survcy, AbSwact bio 1301 atthe intersection oi'the centerhne of Blair Road alld Florence Koad, THENCE Northerly In Florence Road unth the northcrnmos~ west hne of said T & P R R. Survey, same being Ithe east hne of said A. Feltus Survey, a distance of 4,t06 feet to a pom~ for comer at the northeast comer of said A Feltus Survey and the southeast comcr of thc F Davis Survey, Abstract Bio 371, same being ~hc mtersechon of the centerhne ofl~lorenc· Road and .%~born Road, TI-fl/NCB Northerly In Florence Road vath the east line of said F Davis Surve~ and the northernmost west llne of said T & P R.R. Survey, a distance of 1,989 feet to ,.he northwest comer of sa~d T & P R.R. Survey a/the interscctlon of the centerhne of Lively Road and Florence Road. said point being ~hc PLACB OF ENDING 2~ a?P F' els ~ ~01~ DE TOll CZTV RTTORHEV - -- Fag NO 94e~8279 e&-~4-99 e2 . T.~.s~ ~ _ App DENTON ATED AREA OF 'HLAKE ETJ RELEASE Nl ~RTH! ,KE FM 407 Exhibit A-3: Tract 1 - Metes and Bounds All that certain lot, tra~ or pax:al of land ymg ~nd hemp. sttuated tn the Cotmty of D~ton, State of Texas, tn the ,M S~urlock Sur~ey, Abstract Number 1141, the F Garcta Survey, Abstract Number 502, the B B B & C R, P. Survey. Abstract l~lumher 197, the I McCJowa~ Survey, Abstract Number 798, thc F OhverlSurvey, Abstract Number 91t9. the I H Paine Survey Abstract Number 1617, and b~ng more part~coterly described as follows COMMENCING from a pourc In Crawl'erg Road, said point also l~emg the Southeast comer of said lvL icurlock Survey and the southwest corner of the E Paano Survey, Abstract Number 994, Denton County, Texas, THENCE North 00 degrees 37 minutes 19 seconds l~ast vath the east line of said M. $curlock Survey, and the W~,st hrte of said k Ptza-no Survey, a d~stance of 30 00 fe~t to a po'ntt for corrier, TRENCE North 89 degrees ~1 imnutes 20 secoads Wcs~ along the North hne of Crawford Road and beans 30 f~t north of and parallel to the south ]me of said M $curlock $ulwey, a chstance of 3840 02 feet to the POll¢I' OF BEGINNING of the hereto described tract, TRENCE North 1~9 degreas $ l minutes 20 seconds West along the North hne of Crawford Road and beans 30 feet north of and parallel to tho south line of said M Scurlock Survey a d~stance of 6287 95 t'eet to a point for comer, TI4ENCE North 00 degrees 00 minutes 47 seconds East, 30 feet east of and parallel to the center of Crawi'ord Road and the west hne of said M- Scurtock Survey and the east hne of the lr Anderson Survey, Abstract No 22, a &starice of 3696 63 feet to a point for corner, T~IrNCE Sotgh 89 d,,~'ees 24 minutes 45 seconds West, 30 feet north of and. parallel to the middle of Crawford road and a south hne of the W L Dunmng Survey, Abstra~ No 1365 and the not'ch llne of smd ~ Anderson Survey, a distance of 2133 33 feet to a point for corner, THENCe: North 00 degrees 00 minutes 47 seconds East, 30 feet east of and parallel to the middle of Florence Road, a distance of 611 11 feet to a point for corner, TH][NCE South 89 degrees 24 minutes 45 seconds West, a distance of 15 96 feet to a point for comer;, Tu~NCE North 00 degrees 31 rmnutes 59 seconds West. 30 feet east of altd parallel tothe middle of Flora~e Road, · distance of 3764 93 feet to a point for comer, THENCl~]North 89 degrees 51 minuies 47 seconds East, a d~.ence of 2541 91 feet to a point for comer al the begmmng ora curve to the ngh~, TldENCE, with said curve to the nght havtng a eentra[ angle of 02 deiFees 10 minute 14 seconds, a radius of 2640 00 feet to a point for comer, THENCE South, a distance of 1141 19 feet ~oa point for comer at thc belprmm~ of& curve to the r~ht, FROM DENTON CITY ~TTORNE¥ ?~X HO 94g3827925 06-14-99 02 OeP P ~$ THENCE w~th smd curve to the nsht h~vmg a c, eatral angle of ~ of2~0 00 f~ ~ a ~ for THENCE S0~h 00 ~s 00 ~nu~s 47 ~s We~ a &~ of 1064 92 f~t m · ~int for THENCE ~ ~ ~ce of 1037 ~ feet ~ a ~lnt ~r co~ ~ t~ beginning of a ~ tO ~e fight, ~ENCE ~th smd ~e to the ~ht r~ms of 2640 O0 f~ w ~h* PO~ OF B~G ~d ~nmnmg appro~te[y 7~ ~ of land Tr,~ l_~al~ DENTON Ct.awful Road Stmder Road N~ iRTHI ,KE EXHIBIT A-~: INTERLOCAL FIRE MUTUAL Ali) AGP. EEM~ENT Upon request to an ot~ctal of the P, espoudmg Department by an official of the Requesting DepartmcnL fire fighting equapment and personnel will be chspatched to any point vathm the jurisdiction pt' the lad~uestmg Department as dastgrated by the otT~aai of the Reque~ng Department Any dispatch ot'equll)roent sod 0ersoP. ne! pur~nt to th~s ~greement ~s sub.leCt to the follow~n8 I Any r~ues~ for ~,d hereunde~ shall m~lude a statement of~e amount and v/po of equlpmnnt ~ number of personnel requested, and shall spec~f~ thc loca~½on to whch fire equiprmmt and personnel are to be dispatched, but, the amount a~d t~e ot'eqmpmeut and personnel to be furmshed shall be determmed by an of~c~al of the Responding Depanmem 2 The P, espundmg Depamnent shall report to the officer to charge of the P,~quastmg Department at th~ loca~aon to whieh equipment snd personnel are d~spatched and shall be subJeCt to the orders that ofllc~al 3 This agreement ts not only For mutual atd, but may also be used for mcd~cal first responders where thoro may be a ~lue~on of boundarY 4 The Respondiu§ Department shall be released by the Requesting Department when the services the Reqmnding Department ar~ up longer ,r~q_u[red or Wh.~ the Y, espond~ng Depam~ent is needed vathin the stoa tot which ~t normally ~ovtues ore protecuon Neither party shall be reimbursed by the other patty for any costs recurred pursuant to tbs agreement That pur~al to Section 791 00~ pt'the Texas Local Government Code, each Peps, anent agrees that the act of any person or persons whle fighting fires or on emergency calls, trawlLLug to or ~om emergency icalls, or tn any msnner iu'n~shmg tlrc prote~on w~hm the lu~sdi~on of the other Department and outside junsdtctionnl l~rnlt of the Responding Department shall be considered as the act of the agent of the Requesuug Department m all resvects, notwithstanding ~ such person or persons may be regular employees or volunteers of the Responding Department, and any habfl~ty relating to the fimu~htng of set,aces ~s the respons~hhty of the Requesting Fire Depanmeni. It is cxpress[y understood and agreed that pursuant to Section 35:2 004 of the Texas Local Cmvemment Code, the aforementioned Departments v~ll not be held hable for the acuons of any of its employees or volunteers while engaged in fightqng fires or making emergency calls dunng nms outside thear lunsd~cUon I: as expressly understood and agreed that in the execu.u .~..of ?us agra., m? .and couua~'t,~n~mt.. P,.esponchng nor Requesting Department waives, nor s~al! t~e ~eemen neteoy to vauve, any or derenselthat would otherwise be available to tt against clatms arising tn the exercise of govemmeatal powers and Next Dioeument REPRESENTATIVE, TO ACCEPT ON BEHALF OF THE CITY OF DENTON AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) RELATING TO A GRANT FOR CERTAIN IMPROVEMENTS TO THE DENTON MUNICIPAL AIRPORT, CONFIRMING AGREEMENT TO PAY TEN PERCENT (10%) OF THE TOTAL PROJECT COSTS AND DESIGNATING TxDOT AS THE CITY'S AGENT FOR ADMINISTRATION OF FEDERAL AND STATE FUNDS FOR SAID PROJECT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Caty of Denton, Texas, antends to make certmn ~mprovements to the Denton Mumcapal Aarport, and WHEREAS, the general descnptaon of the project as described an Exhabat "A" whmh as attached hereto and made a part hereof for all purposes, and WHEREAS, the Caty of Denton antends to request finanmal assastance from the Texas Departmont of Transportataon (TxDOT) for these ~mpmvements, and WHEREAS, the Caty of Denton wall be responsable for 10% of the total project costs currently estimated to be $160,000 00, and WHEREAS, the C~ty of Denton names the Texas Department of Transportation (TxDOT) as ats agent for the purposes of applyang for, receiving and dasbursmg all funds for these ~mprovemants and for the admlmstrat~on of contracts necessary for the ~mplementat~on of these ampmvements, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the C~ty of Denton, Texas, hereby d~rects the C~ty Manager to execute on behalf of the Cxty of Denton, at the appropriate tame, and wath the appropriate anthonzattons of thas govermng body, all contracts and agreements wath the State of Texas, represented by the Texas Department of Transportataon (TxDOT), and such other partxes as shall be necessary and appropriate for the ~mplementat~on of the ~mprovements to the Denton Mumclpal A~rport referenced m Exhlbat A ~ That th~s resolution shall become effective ~mmedaately upon its passage and approval PASSED AND APPROVED tbas the/~ ~--/~ day of't' ~ ,1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 EXHIBIT A, Page 1 RECOMMENDED CAPITAL IMPROVEMENT PROJECT The following items are recommended for inclusion in a capital improvement program project at the Denton Municipal Airport Estimated design costs include: consultant's prehnunary engmeenng report, prehnunary design, final design, design surveying, geotechmcal investigation and pavement testing, consultanCs bidding, construction, and closeout phases Estimated constroct~on costs include bid advertisement, contractors' construction, construction materials testing, and resident project representation Engineering design is assumed to be completed m Federal Fiscal Year 2000, and construction IS assumed to be completed in Federal Fiscal Year 2001 The estimates have been adjusted for inflation through these time periods A 15% contingency is included in all estimated costs The attached sketch shows the general location of the project elements ITEM # 1 REHABILITATE RUNWAY 1%35 The rehabilitation of the 6000' long by 150' wide runway should include - crack cleaning and sealtag, patching, and herbicide treatment as needed - surface preparation and tack coat - application of an emulsified asphalt slurry seal ( P-626 ) Estimated Design Cost $ 28,800 Estimated Construction Cost $ 361,500 ITEM # 2 MARK RUNWAY 17 - 35 Runway 17-35 will be marked as a Precision Instrument approach runway Marking will include the following marlang elements - designation, and centerhne - threshold, and amung point - touchdown zone markings - all markings will include retro-reflectorized glass beads Estimated Design Cost $ 3,000 Estimated ConstmcUon Cost $ 46,900 EXHIBIT A, Page 2 ITEM # 3 REHABILITATE PARALLEL & STUB TAXIWAY SYSTEM The rehabilitation of the parallel and stub taxlway system should include - crack cleaning and sealing, patching, and herbicide treatment, as needed - surface preparation and tack coat - apphcation of an emulsified asphalt slurry seal ( P-626 ) - taxiway madongs with reflectonzcd heads, and centerhne reflectors Estimated Design Cost $ 19,400 Estimated Construction Cost $ 238,900 ITEM # 4 REHABILITATE HANGAR ACCESS TAXIWAY SYSTEM The rehabilitation of the hangar access taxiway system should include - crack cleaning and sealing, patching, and herbicide treatment, as needed - surface preparation and tack coat - application of an emulsified asphalt slurry seal ( P-626 ) - taxiway marlongs with reflectonzcd beads Estimated Design Cost $ 5,100 Estimated Construction Cost $ 42,000 ITEM # 5 INSTALL M.I.T.L. & REFLECTORS The taxiway lighting system should be replaced The work should include installation of medium intensity taxiway edge lights from the runway to the hold line, and elevated taxiway edge reflectors for the remainder of the taxlway system The work should include - trenching, cable, and conduit - light edge light fixtures - taxlway centerllne reflectors, and elevated edge reflectors Estimated Design Cost $ 9,200 Estimated Construction Cost $108,100 EXHIBIT A, Page 3 ITEM # 6 REHABILITATE APRON The rehabilitation of the apron should include - crack cleaning and sealing, patching, and herbwide treatment, as needed - surface preparation and tack coat - application of an emulsified asphalt slurry seal ( P-626 ) - tiedown and taxilane markings with reflectorlzed beads, and centerhne reflectors Estimated Design Cost $ 9,500 Estimated Construction Cost $ 96,400 ITEM # 7 CONSTRUCT HELIPAD The construction of the 100' X 100' lighted hehpad should include - site preparaUon - subgrade and base courses - surfaco course - tledowns, lighting, and markings Estimated Design Cost $ 6,900 Estimated Construction Cost $ 46,500 ITEM # 8 INSTALL SECURITY FENCING C link fencing should be installed along the eastern edge of the mrport, and tie into existing fence The work should include . Approximately 5600 linear feet of chain link fencing - approximately 4 gates Estimated Design Cost $ 7,600 Estimated Construction Cost $ 92,700 ITEM # 9 UPGRADE RUNWAY SIGNAGE The runway slgnage system should be upgraded The work should include - installataon of all cable and conduit - foundations, and sign fixtures Estimated Design Cost $ 14,600 Estimated Construction Cost $172,100 EXHIBIT A, Page 4 ITEM # l0 RECONSTRUCT PARTIAL PARALLEL TAXIWAY The northernmost 1100 feet of the 50 foot wide parallel taxlway should be reconstructed The work should mclude - demolition of the existing pavement - site preparauon and culvert installation - subgrade and base courses - surface course - canterline markings Estimated Design Cost $ 34,600 Estimated Construction Cost $ 373,600 TOTAL!ESTLMATED DRSIGN COST $ 138.700. ~OTAL,I~STIMATI~D CONSTRIICTION COST ~ ].578.700. EXI~IBIT A, Page 5 ..... ........ ~ .... ~" OENTON MUNICIPAL (DTO) N AIRPORT LOCATION AIRPORT LAYOUT SITE NO 25750 A ACRES - '700 DENTON - HO' Tree~ +10' Trees Tree AIRPORT -0 Line Buried Acros~ - "~ Approoch .... ~, ~ ,~ ', ,~ EI~v 64~-' Unit T Hgr U/C REMARKS GSA. RWY 17 IS DESIGNATED AS CALM WIND RWY '~ edit Cord Fuel 2 RWY 17/5§ HAS A GP$ STRAIGHT IN ASOSiA redlt Cord Fuel FM 1515 6° 50' E (1990) poss Rose 0 ~ Elev 629' ' SCALE IN FEET ~ ~ - 5' DIIch -lO' Deep Elev 627', Oralnege +2b'4Trees at 549 nnel EXHIBIT A, Page 6 DESIGNATION OF SPONSOR'S AU'I IIORIZED REPRESEN~l A 1 IVE 'lhe CITY OF DENTON hereby designates Rick Svehla, Deputy City Manager (Name, htle) as the authorized representative for the engmeermg/demgn services for this project, who shall have the authority to make approvals as required on behalf of the CITY OF DENTON q[ he CITY OF DENTON has caused flus to be duly executed in tis name, tlus 13th __ day of July 19 99 CII Y OF DEN YON, Fexas (Sponsor) By ~-- l ltle Deputy City Manager DESIGNATED REPRESENTATIVE Marling Address City of Denton 215 E. McKinney Denton, TX 76201 Felephone/Fax Number 940-349-8307 940-349-8596 (fax) RESOLUTION NO /{7~ '~)c~ 6/ A RESOLUTION GRANTING APPROVAL OF A SUBSURFACE USE OF A PORTION OF NORTH LAKES PARK ADJACENT TO WINDSOR FOR THE INSTALLATION AND MAINTENANCE OF COMMUNICATION IMPROVEMENTS TO ACCOMMODATE A FIBER OPTIC COMMUNICATION LINE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE, PROVIDING FOR THE ISSUANCE OF A PERMIT OR LICENSE AND PROVIDING AN EFFECTIVE DATE WHEREAS, Sec 26 001 of the Texas Parks & Wlldhfe Code provides that public land designated and used as a park may be used for a non-park purpose if the Clty Council fmds after notice and heanng that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planmng to mhmmize the harm to the park resultmg fi.om such use, and WHEREAS, Denton MUmclpal Electric desires do improve eommumcatiuns services to the City of Denton by mstallmg a fiber optic line, and WHEREAS, Denton Mumclpal Electric desires to construct the commumcatlon project through the Park since alternative options would not be feasible and prudent, and WHEREAS, on May 13, 1999 the Parks & Recreation Board held a meeting and received testimony from City staff and citizens regarding the alternatives for instalhng the communication project m the Park and recommends to the City Council that there IS no feasible and prudent alternative to the use of the Park land, and WHEREAS, the City provided notice In the Denton Record Chromcle on May 23, 30 & June 6 ora Public Heanng to be held on June 15, 1999 in the Council Chambers to consider the alternatives to the use of City Park for the subject communmatlon project, and WHEREAS, the City Council on June 15, 1999 received testimony fi.om City staff and citizens regarchng alternatives to the use of the City Park for tins communlcaUon project, winch includes, but is not lunlted to, the following (a) Obtain easements by emment domain fi.om a nclghbonng property owners, winch would result m extenchng the llne beyond project limits (b) Install the fiber optic line under the cx~sting prescnp* ye street right-of-way for Windsor ,~,hmh would result in thc temporary closing ,f at least one lane of the two lane street during constnlCtlon WHEREAS, the City Council finds that the fact situation dis ~ussed above does not fall within the purview of Sec 253 001 of the Texas Local Government Code, and WHEREAS, the City Council finds that there ~s no feasible and prudent alternative to the use of the Park land and that the commumcatlon project when constructed ~n accordance w~th prows~ons of the permit or hcense as described below w~ll mlmm~ze the harm to the Park land resulting from the proposed use and the surface of such Park land effected shall remain useable for the Park patrons once the construction of commumcat~on ~mprovements are completed, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON RESOLVES SECTION I That the F~ber Optic Line proposed by Denton Mumc~pal Electric be constructed and maintained beneath the surface of the Park property described in Exhibit A, whmh ~s attached hereto and made a part hereof for all purposes, and that the surface of the park after installation of the fiber optic hne be restored to the condition to which ~t existed prior to the installation of such channel so that the Park land may stall be used by ~ts patrons after completion of the project ~n the same manner it was used prior to the commumcat~on project ~ That a permit or hcense which ~s revocable as reqmred by law be composed by the Oty Manager or h~s designee and approved by the City Attorney allowing the use of the Park property as referenced above w~th appropriate prows~on to insure the ~mprovements are constructed m accordance w~th C~ty Subd~ws~on Rules and Regulations, protects the patrons using the Park from ~njury and damage both dunng and after construction of the project, compensates the Oty for the reasonable market value of the use here~n granted and generally protects the health, safety and general welfare of the Oty ~ That during construction of the ~mprovements above, Denton Mtunopal Electric may have temporary use of such additional park land necessary to stage the construction of the improvements as may be approved by the D~rector of the Parks & Recreation Department and at the completion of the construction act~wtles for the above improvements such additional park land shall be restored to the condition to whmh it existed prior the beg~nmng of such construction activities ~ That the rights and benefits set forth ~n th~s resolution may not be assigned w~thout the express written consent of the C~ty ~ That the permit or hcense above granted shall to the extent allowed by law constitute a covenant running w~th the land and be filed in the Deed Records of Denton County, Texas SECTION VI That th~s resolution shall become effective ~mmed~ately upon ~ts passage and approval Page 2 of 3 JAC~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 3 of 3 SO UTIO NO A RESOLUTION GRANTING APPROVAL OF A SUBSURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL/TRAIL APPROXIMATELY 600 YARDS NORTH OF THE SHADY SHORES OVERPASS FOR THE INSTALLATION AND MAINTENANCE OF WASTEWATER IMPROVEMENTS TO ACCOMMODATE AN 8" SANITARY SEWER LINE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE, PROVIDING FOR THE ISSUANCE OF A PERMIT OR LICENSE AND PROVIDING AN EFFECTIVE DATE WHEREAS, Sec 26 001 of the Texas Parks & Wlldhfe Code provides that public land designated and used as a park may be used for a non-park purpose if the City Council finds after notice and heanng that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to mammlze the harm to the park resulting from such use, and WHEREAS, the City of Denton desires to improve wastewater d~sposal service to Denton customers by mstalhng 480 hnear feet of an 8" sanitary sewer hne, and WHEREAS, the City of Denton desires to construct the wastewater hne through the Denton Branch Rail/Trail since alternative options would not be feasible and prudent, and WHEREAS, on July 8, 1999 the Parks and Recreation Board held a meeting and reeewed testimony from City staff and citizens regarding the alternatives for installing the communication project in the Denton Branch Rail/Trail and recommends to the City Council that there is no feasible and prudent alternative to the use of the Park land, and WHEREAS, the City prowded notice in the Denton Record Chromele on June 27, July 4 and July 11 of a Pubhc Hearing to be held on July 20, 1999 in the Council Chambers to consider the alternatives to the use of City Park for the subject communication project, and WHEREAS, the City Council on July 20, 1999 received testimony from City staff and citizens regarding alternatives to the use of the Denton Branch Rail/Trail for tbas wastewater project, which includes, blt is not llmated to, the following (a) Use of a septic system for wastewater disposal (b) Obtain easements by eminent domain from ne~ghbonng property owners (o) Obtain an easement on the 1-35 frontage, which would damage a row of Red Cedar trees (d) Tie Into a prwate service line that connects to the City's collection system, which brings both technical and legal issues forward, including the Installation of a hR station WHEREAS, the C~ty Council finds that the fact situation d~scussed above does not fall wltban the purview of Sec 253 001 of the Texas Local Govermnent Code, and WHEREAS, the City Council finds that there ~s no feasible and prudent alternative to the use of the Park land and that the wastewater project when constructed in accordance with the provisions of the penmt or hcense as descnbed below wall m~mmtze the harm to the park land resulting from the proposed use and the surface of such Park land effected shall remam useable for the Park patrons once the construction of wastewater improvements are completed, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON RESOLVES ~ That the findings m the preamble to this resolution are found to be tree and correct and adopted here~n ~ That the samtary sewer line proposed by Denton's Water/Wastewater Department be constructed and mmntalned beneath the surface of the Park property descnbed ~n Exbablt A, wbach is attached hereto and made a part hereof for all purposes, and that the surface of the park afier installation of the fiber optic hne be restored to the condition to wbaeh Is existed prior to the installation of such channel so that the Park land may still be used by ~ts patrons after completion of the project ,n the same manner ~t was used prior to the commun, catlon project ~.~ That a permit or hcense wbach ~s revocable as required by law be composed by the City Manager or bas designee and approved by the C~ty Attorney allowing the use of the Park property as referenced above w~th appropriate prows~on to insure the improvements are constructed m accordance w~th C~ty Subd~ws~on Rules and Regulations, protects the patrons using the Park from injury and damage both dunng and after construction of the project, compensates the C~ty for the reasonable market value of the use hereto granted and generally protects the health, safety and general welfare of the City ~ That dunng construction of the improvements above, Denton Water/Wastewater Department may have temporary use of such additional park land necessary to stage the construction of the ~mprovements as may be approved by the D~rector the Parks and Recreation Department and at the completion of the construction actlwttes for the above ~mprovements such additional park land shall be restored to the cond~tton to wbach ~t existed prior to the beginning of such construction act~wt~es ~ That the rights and benefits set forth ~n this resolution may not be assigned w~thout the express written consent of the C~ty ~LT!_QIS.2~ That the permit of hcense above granted shall to the extent allowed by law conmtute a covenant rtmnmg with the land and be filed in the Deed Records of Denton County, Texas PAGE 2 ~ That th~s resolution shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the ~y~0 ~--~day o f ~ ,1999 JA~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 3 KESOLUTIONNO /~2_ ~.~// A RESOLUTION REQUESTING THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION HOLD A PUBLIC HEARING CONCERNING THE TRANSPORTATION OF HAZARDOUS WASTE MATERIALS BY UNION PACIFIC RAILROAD CO, BURLINGTON NORTHERN AND SANTA FE RAILWAY, OR ANY OTHER RAILROAD THROUGH THE CITY AND COUNTY OF DENTON, TEXAS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on July 13, 1999 the Comrmss~oners Court of Denton County, Texas passed a Resolution requestmg that the Texas Natural Resource Conservation Commission ("TNRCC") hold a pubhc heanng concerning the transportation of hazardous waste materials through Denton County by Umon Pacific Ranlread Co, Burlington Northern and Santa Fe Railway or any other railroad, here~natter sometimes referred to as "Ranlroads", and WHEREAS, the C~ty Council feels that concerns regarding th~s transportation of hazardous waste materials through Denton County and the C~ty of Denton should be addressed so that the potentially affected pubhc may be prepared for any incident mvolv~ng hazardous materials transported by the Railroads, and WHEREAS, the C~ty Council would like to have representatives of the Railroads address the following questions · What ~s to be transported and how much and how otten9 · How fast will hazardous material trains travel through populated areas? · Will hazardous materials be transported over water supphes ~ncludmg lakes'~ · Are crossings along hazardous matenal routes controlled by signal systems? · Will hazardous shipments be m~xed m w~th other shipments or will the train be only dedicated to hazardous materials? · Will the Ranlroads prowde a worst case scenario to local and county officials in order to have reahst~c plans ~n place should there be an accident m a densely populated area9 · Will the Railroads' audits, inspections, etc be made available on a regular basis to the pubhc, to the C~ty of Denton, to other c~t~es w~th~n Denton County and County Government? · Will the Railroads take measures to implement an emergency notification system m conjunction w~th the emergency preparedness pohc~es of the affected communmes? and WHEREAS, the C~ty Council deems it in the public interest that these and s~mflar questions should be addressed m an object,ye and open forum so that the residents of the C~ty of Denton and Denton County potentmlly affected by the Railroads transportaUon of hazardous matenals know what preventative measures can and should be ~mplemented ~n order to protect those residents safety, health, and peace of m~nd, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the Clty Council hereby requests that the TNRCC hold a pubhc heanng along with representatives of Umon Pacific Rmlmad Co, Burlington Northern and Santa Fe Rmlway and any other railroads that transport hazardous waste materials through Denton County, to answer the above questions and to address concems from the pubhc regardmg the transportation of hazardous waste matenals by the Rmlroads through Denton County and the City of Denton, Texas SECTION 2 That the City Manager is hereby directed to send a copy of this resolution to the appropriate officials of the TNRCC and the Rmlroads ~ That the City Council has found and determined that the meeting at which this resolution is considered is open to the public and that notice thereof was given in accordance with provisions of the Texas Open Meetings Law, Tex Gov't Code ch 551, as amended, and that a quorum of the City Council was present SECTION 4 That this resolution shall become effective immediately upon its passage and approval '~ 'q'~ of ~ 1999 PASSED AND APPROVED tbas the ~(./ day , JA~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 NOTE Repealed by Resolution No. R99-042. A RESOLUTION AMENDING RESOLUTION NO R99-022 ADOPTING LIMITATIONS ON ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR ESTABLISHMENT OF MULTI-FAMILY DWELLINGS TO PROVIDE FOR ADDITIONAL EXEMPTIONS FOR PENDING APPLICATIONS FOR PERMITS FOR MULTI-FAMILY DWELLINGS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, since the passage of Resolution No R99-022, as amended - adoptmg hm~tat~ons on acceptance and procesmng of apphcat~ons for estabhshment of multi-family dwelhngs - ~t has come to the attention of the C~ty Council that a number of multi-family projects whmh Council d~d not mtand to encompass w~th~n the Moratorium have been affected, and WHEREAS, the C~ty Council deems ~t ~n the pubhc ~nterest to create additional exemptions from the reqmrement of Resolution No R99-022 for projects that have pending permits or have reached the pubhc heanng stage at the Planning and Zomng Comm~smon, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That Resolutaon No R99-022, as amended, ~s hereby amended by amending Section IX "Exemptions" to renumber ~t as Section VIII "Exemptions" and to have ~t read as follows ~ Exemot~ons The prowmons of th~s resolution shall not apply to (1) any apphcatlon for a multi-family development permit for whmh a prehm~nary plat or building permit apphcat~on was approved and remmns ~n effect, or for whmh an apphcat~on for prehmmary plat or bmldmg permit was accepted for fihng prior to the effective date hereof, June 1, 1999, or (2) any appllcat~on for a multi-family rezomng for which a pubhc heanng before the Plaunlng and Zomng Commmmon has been held and the Comm~smon's recommendataon has been dehvered to the C~ty Council prior to the effective date hereof, June 1, 1999 ECT~_Q!LO._N~ That Resolution No R99-022, as amended, as further amended to renumber Section X "Severabthty" as Secuon IX, and Secuon XI "Effective Date" as Section X "Effective Date" SECTION 3 That save and except as amended hereby, all the remalmng sections, subsections, paragraphs, sentences, clauses, and phrases of Resolution No R99-022 shall remmn in full force and effect SECTION 4 That if any section, subsection, paragraph, sentence, clause, phrase or word in this resolution, or application thereof to any person or c~rcumstance is held invalid by any court of competent junsdmtlon, such holding shall not affect the validity of the remmmng portions of flus resolution, and the C~ty Council of the City of Denton, Texas hereby declares it would have enacted such remmnlng po~ons despite any such validity SECTION 5 That this resolution shall become effective ~mmedlately upon Its passage and approval PASSED AND APPROVED this the 6~0~day of (/~ ,1999 JA~ ~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 F \shared\dept\LGL\Our Documents\Resolut~ons\9~\L~m~ts On Acceptance Resolutmn doc NO CONSIDER APPROVAL OF A RESOLUTION RESCINDING THE "LIMITATIONS ON ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR ESTABLISHMENT OF MULTIPLE FAMILY DWELLINGS" BY REPEALING RESOLUTION 1t99-022, RESOLUTION R.99-023 AND RESOLUTION R99-032, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on June 1, 1999 Rasolutlon No R99-022 was passed by the C~ty Council to temporanly lnmt the acceptance and procesmng of apphcat~ons seeking to estabhsh multiple- famfly dwellings until the C~ty could adopt amendments to Chapter 35 (Zomng) of the Code of Ordinances of the C~ty of Denton and/or adopt a new comprehenmve plan to regulate traffic congestion and populatton density that may arise from the separate leasmg of bedrooms contmned m a single dwelhng umt, and WI-IEREAS, Resolutmn No R99-023 was adopted on June 8, 1999 and Resolutton No R 99-032 was adopted on July 20, 1999 amending Resolutmn No R 99-022, and WHEREAS, the C~ty Council m conmdenng amendments to Chapter 35 of the C~ty Code and ~s now prepared to adopt a new comprehenmve plan that will resolve eertmn of the concerns rinsed by R99-022, as amended, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SE__~kT[O_l!~ That Resolutmn No R99-022, as amended by Resolution No R99-023 and Resolution No R 99-032, that prowded a llrmtat~on on the acceptance and processing of apphcat~ons seeking to estabhsh mult~ple-famlly dwelhngs, Is hereby rescinded and repealed ~ That tlns resoluUon shall become effective ~mmedmtely upon ~ts passage and appmval ~-i'~L~ a of' O_--r'r-. /_.. ~ PASSED AND APPROVED tlus the '[ d y 2~t~d~2-, 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Ne>it Doeument RESOLUTION NO /~)2~_ ~)ff~.~ A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND OTHER APPROPRIATE AGENCIES RELATING TO THE NOMINATION OF DENTON'S HISTORIC UNION PACIFIC FREIGHT DEPOT FOR FUNDING UNDER THE TRANSPORTATION EQUITY ACT FOR THE 21sT CENTURY THROUGH THE STATEWlDE TRANSPORTATION ENHANCEMENT PROGRAM, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, m 1995 the Union Pacific Rmlroad (UPRR) donated to the C~ty of Denton ~ts abandoned h~stonc freight depot built in the late 1800's located on East Hickory Street in the C~ty with the tmderstandlng that the depot would be moved from UPRR property, and WHEREAS, the abandoned depot should be ehglble for hst~ng m the National Register of Historic Place but is m poor condition and detenoratmg rapidly and has been placed on the City's priority hst of h~stonc preservation projects, and WHEREAS, the Historic Landmark Commission and others have been working with C~ty Staff to ldentxfy a strategy that would save the depot from demohtlon, and WHEREAS, the most attractive strategy involves the relocataon of the depot to the City Parking Lot on East H~ckory Street just east of ~ts present location and restore the depot for a pubhc transit related use such as a Wait Station for the City's pubhc transportation system and possibly as a "Trail Head" for the proposed Denton Rails to Trails Project, and WHEREAS, ~t is estimated that ~t w~ll cost $417,000 to renovate the depot so that ~t could be used for a transit hub whach would house transa admlmstratlve staff, provide mstroom faclht~es for staff and public, passenger ~nformatlon/tmket booth and community meeting facthty and the current c~ty budget only provides $25,000 for the relocation of the depot, and WHEREAS, the depot renovation project may be ehg~ble for funding under the Transportation Eqmty Act for the 21st Century (TEA-21) ~f nominated by the Statew~de Transportation Enhancement Program within the category "Rehablhtatlon and Operation of Historic Transportation Braidings, Structures or Factht~es [including historic railroad faclhtles and canals]", and WHEREAS, Transportation enhancements are funded through the Surface Transportation Program (STP), admimstered by the Texas Department of Transportation (TxDot) for the Federal Highway Administration (FHWA) of the U S Department of Transportation (USDOT) and provide reimbursement of up to 80% of allowable costs if the City commits to expending at least 20% of the project's allowable costs as a local fun&ng match, and WHEREAS, the C~ty Council finds that the payment of the above local funding match by the C~ty of Denton, Texas would be an appropriate expenditure for the benefit of the health, safety and welfare of the cmzens of Denton, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES _S~ That the City Manager is authorized to complete apphcatlons and forms and provide exbabltS, documentataon and other materials necessary to seek the nomination of the hastonc Denton Umon Pacific Railroad Freight Depot Renovation Project for the Statew~de Transportation Enhancement Program and forward the C~ty's request for TEA-21 Rmd~ng to move, renovate and restore the Depot to the North Central Texas Council of Governments (NCTCOG), TxDot, FHWA, USDOT and other appropnate agencies ~ That this resolution shall become effective Immediately upon ~ts passage and approval PASSED AND APPROVED this the ~'/~c'~day of~, 1999 JAC~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE CITY OF CORINTH TO MUTUALLY DISANNEX AND THEN PROCEED TO ANNEX CERTAIN PROPERTY ALONG THE JOINT DENTON AND CORINTH CITY BOUNDARY, AND DECLARING AN EFFECTIVE DATE WHEREAS, pursuant to Section 43 021 of the Texas Local Government Code, home role cities are authorized to fix their boundaries and exchange areas w~th other mumc~pal~tles, and WHEREAS, the developers of Oakmont Estates, Phase IV, would like to adjust the boundary between the Cxty of Denton and the C~ty of Connth ~n order to prevent the sphttlng of lots w~thm their development between the two reties, and WHEREAS, C~ty of Denton also beheves the adjustment of the boundary will improve the delivery of servtces to the c~tlzens of the area, and WHEREAS, the change in boundaries must be facilitated by the release of certmn property by both the Cxty of Connth and the C~ty of Denton and then annexing the property released by the other city, and WHEREAS, the City of Denton and Cxty of Corinth wall formalize the actions needed to be taken through a Memorandum of Agreement, and WHEREAS, the change of boundary will promote orderly development in the area and protect the general health, safety, and welfare of persons resadlng an and adjacent to the munxc~pallt~es, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES, ~ That the recitals as stated above are hereby found and determined to be true and correct ~ That the Mayor ~s hereby authorized to sign a Memorandum of Agreement w~th the C~ty of Corinth substantmlly m the form as set out ~n Exhxb~t A, setting out the acts to be performed m order to accommodate the change in boundaries between the two CXtleS ~ That this resolution shall become effective ~mmedlately upon xts passage and approval JACK I~g'~l~, -MA~bR -' ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERB PROUTY, CITY ATTORNEY Page 2 of 2 STATE OF TEXAS § COUNTY OF DENTON § MEMORANDUM OF AGREEMENT This Memorandum of Agreement ("Agreement") is entered into as of the 6thday of May ,1999, between the City of Denton, Texas ("Denton"), a Texas home rule municipality and the City of Corinth, Texas ("Corinth"), a city organized under the general laws of the State of Texas, and is to witness the following WHEREAS, Denton and Corinth are adjacent municipalities which desire to make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width, and WHEREAS, it appears that the existing city limits lanes between Denton and Corinth split a subdivision of Denton County known as Oakraont IV, and WHEREAS, it is the desire of Denton and Corinth to dlsannex and annex the tracts described herein to establish a joint city limits line between the two cities that will enhance the development of Oakmont IV subdivision in each city and be as shown by the maps attached hereto as exhibits, and WHEREAS, the owner of Oakmont IV has expressed its intent to the governing bodies of both cities that such needed adjustment would be beneficial to the development of the subdivision and generally to the economic well-being of both cities, and WHEREAS, both Denton and Corinth deem such agreement to be beneficial to the public interest and to enhance the future growth and development of both crees, Now, Therefore, In consideration of the premises and of the agreements contained herein, Denton and Corinth agree as follows I DISANNEXATION AND RELEASE OF EXTRATERRITORIAL JURISDICTION 1 01 Corinth agrees that it will dlsannex and waive extraterritorial jurisdiction over the 17 172 acre tract of land described in Exhibit "A", attached hereto and made part hereof for all purposes, in the manner provided by Chapter 43 of the Texas Local Government Code 1 02 Denton agrees that it will disannex and wmve extraterritorial jurisdiction over tracts of 10 603 acres and 5 709 acres respectively, described in Exhibits "B" and "C', attached Page I 19355 hereto and made part hereof for all purposes, ~n the manner prowded by Chapter 43 of the Texas Local Government Code 1 03 Upon the d~sannexat~on and wmver of extraterritorial junsdmt~on by the c~t~es as prowded ~n Sections 1 01 and 1 02 above, the boundaries of Denton and Connth shall be adjusted accordingly, subject to the annexation actions by each contemplated ~n Section II II ANNEXATIONS Denton agrees that ~t w~ll proceed m the manner authorized by law to annex the property described ~n Exhibit "A" Corinth agrees that ~t wtll proceed ~n the manner prowded by law to annex the property described ~n Exhibits "B" and "C" attached hereto III ZONiNG AND PLATS Both reties recogmze that all property that ~s subject to th~s Agreement may carry temporary zomng classifications under the apphcable ordinance and be subject to the platting reqmrements of the c~ty whmh wall annex such property The pames understand that the Oakmont subdlwsmn ~s basically the same in both cities and the appropriate zomng and platting reqmrements should not change the current status of the development IV CHARACTER OF AGREEMENT, BREACH The part, es agree that th~s Agreement ~s entered ~nto only for the d~sannexat~on and annexation of the tracts described here~n and ~s not an ~nterlocal cooperatmn agreement for the joint performance of any serwces by the part~es Failure of e~ther C~ty to perform the terms of th~s Agreement shall constitute a breach hereof, and the aggrieved C~ty may file stat ~n a court of competent of jurisdiction to enforce the provtsmns of th~s Agreement, including recovery of court costs and attorney's fees Page 2 19355 V PERFORMANCE The parties agree that the legislative acts to be performed hereunder will be coordinated between them so as to be performed simultaneously or as close thereto as possible, consistent with applicable law VI SEVERABILITY If any provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining provisions of this Agreement shall not be affected and shall remmn m full force and effect In witness whereof, Denton and Corinth, acting under the authority of their respective governing bo&es, have caused this Agreement to be executed in duplicate originals as of the date first written above CITY OF DENTON, TEXAS CITY OF CORINTH, TEXAS ATTEST ! ATTEST CITY SECRETARY APPROVED/~~ORN~EY~t'~/~AS TO FORM CITY g~ CITY ATTORNEY (rid/4-23-99) Page 3 19355 EXHIBIT A LEGAL DESCRIPTION TRACT 1 17 I10 ACRES BEING a tract of land situated m thc Berry Merchant Survey, Abstract Number 800 Denton County, Texas and being a poltion of that tract of land fom]erly described by deed to Tmrbe~gleu as recorded m County Clerks Filing Number 95-R0079950 and brag more particularly described by metes and bounds as follows COMMENCING at the most northerly northwest comer ofsatd T~mberglen Company tiact said pmnt being m the south right of-way hne of Robinson Road ( an 80' R~ght-of way), THENCE S 03°35'36"W, 1451 81 feet to the POINT OF BEGINNING THENCE S 86°55'29"E, 155 87 feet, THENCE N 59°31~5 I"E, 79 49 feet to the begllmmg of a curve to the right, THENCE with smd curve to the right, through a central angle of 08°48'43", having a radius of 270 00 feet, the long chord of which bears S 18°04'26"E, 41 48 feet, an are distance of 41 53 feet, THENCE N 83°23'28"E, 183 73 feet, THENCE S 07°58'3 I"W, 46 39 feet, THENCE S 06°36~32"E, 735 13 feet, THENCE S 52°55'03"W, 280 98 feet, THENCE S 07° 14'55"W, 394 58 feet, THENCE S 03 °49'09"E, 585 42 feet to a point m the City Limit line between the Ctty of Denton and the City of Corinth, THENCE N 85 °44'40"W, 365 72 feet along said City Limit llne, THENCE N 03 °06'13"E, 1883 13 feet along said City Llmtt line to the POINT OF BEGINNING and containing 745,290 square feet or 17 110 acres of land more or less C&B Job No 981727014 S#XXX Febiuary 18, 1999 J ~IOB\98172714\SUR\WP\LEG\G001 OUT j~ Page 1 of 1 / EXHIBIT A LEGAL DESCRIPTION TRACT 2 0 062 ACRES BEING a tract of land situated m the A H Serren Survey, Abstract Number 1198, Denton County, Texas and being a port,on of that tract of land formerly described by deed to T~mberglen as recorded m County Clerks Fdmg Number 95-R0079950 and brag more partmularly described by metes and bounds as follows COMMENCING at the most northerly northwest comer of smd T~mberglen Company tract smd pomt being m the south right of-way line of Robinson Road (an 80' R~ght of Way), THENCE S 03°35'36"W, 1451 81 feet, THENCE S 03°06'13"W, 1883 13 feet, THENCE S 85°44'40"E, 365 72 feet, THENCE S 03 °49'04"E, 3 56 feet to the POINT OF BEGINNING smd pmnt being on the C~ty Llmd hne between the City of Denton and the Ctty of Corinth, THENCE S 02°41'50"W, 380 23 feet departing said C~ty L~m~t hne, THENCE S 82°17'59"W, 14 37 feet returning to smd City L~mtt hne, ~ THENCE N 04°48'42"E, 383 08 feet along smd d C~ty L~m~t hne to the POINT OF BEGINNING and containing 2,687 square feet or 0 062 acres of land mole or less C&B JobNo 981727014 sgxxx February 18, 1999 J klOB\98172714\SUR\WP~LEG\G004 OUT Page 1 of 1 EXHIBIT B LEGAL DESCRIPTION 10 603 ACRES BEING a tract of land s~tuated m theA H Serrcn Survey, Abstract Number 1198, Denton County, Texas and being a port~on of that tract of land formerly described by deed to T~mbe~glen as recorded m County Clerks F~hng Number 95~R0079950 ami brag more partmularly described by metes and bounds as follows COMMENCING at the most southerly southeasl comer &smd T~mberglcn Company tract, THENCE N 86°28'58'W, 1799 70 feet, THENCE N 01 °30'20"W, ! 71 24 feet THENCE N 03°35'38"E, 643 98 feet to the POINT OF BEGINNING sa~d point being on thc C~ty L~m~t line between the C~ty of Dentou and the C~ty of Co~mth, THENCE N 80° 15'38"W, 342 08 feet departing sa~d C~ty Lnmt hne, THENCE N 81°06'46"W, 30l 82 feet, THENCE N 09°58'23"W, 109 67 feet, THENCE N l 1 °04'33"E, 95 57 feet, THENCE N 46°32'45'E, 102 34 feet, THENCE N 14° 16'30"E, 214 60 feet, THENCE N ! 8°50'30'E, 286 00 feet, THENCE S 84°54~08"E, 487 65 feet returmng to said C~ty L~m~t hne, THENCE S 04°52'43"W, 814 96 feet along sa~d C~ty L~m~t hue to the POINT OF BEGINNING and containing 461,887 square feet or 10 603 acres of land more or less C&B Job No 981727014 S#XXX February 18, 1999 J k/OB\98172714\SUR\WP~LEG\G002 OUT Page I of I EXHIBIT C LEGAL DESCRIPTION 5 709 ACRES BEING a tract of land mtuated m the A H Sermn Survey, Abstract Number 1198, Denton County, Texas and being a portmn o£ that tract of land formerly described by deed to T~mberglen as rcanrded m County Clerks Fthng Number 95-R0079950 and brag more partmularly described by metes and bounds as follows COMMENCING at the most southerly southeast comer &smd T~mberglen Company tract, THENCE N 86°28'58"W, 1799 70 feet, THENCE N 01 °30'20"W, 171 24 feet to the POINT OF BEGINNING smd pmnt being on the C~ty L~m~t hne between the C~ty of Denton and the C~ty of Connth, THENCE N 85°42'20"W, 724 62 feet along smd C~ty L~m~t hne, THENCE N 04°1 ?40"E, 226 51 feet deparbng sa~d C~ty Limit hne, THENCE N 77°49'41"E, 78 01 feet, THENCE N 65 °46'03"E, 293 39 feet, THENCE S 83°34'04"E, 388 31 feet retummg to smd C~ty Ltm~t hne, THENCE S 03 °40'55"W, 374 27 feet along said C~ty hm~t llne to the POINT OF BEGINNING and eontammg 248,698 square feet or 5 709 acres of land more or less C&,B Job No 981727014 S#XXX March 10, 1999 ~ J '0'OB\98172714\SUR\WP\LEG\G003 OUT Page 1 of 1 o N83°23~ 28 E A=08° 48 43 R=270 O0 L=41 53 T=20 80 L C =518°04 26 E TRACT 1 _. i 17110 ACRES w cc ~ ,,~'~ / t ~ ~o T~CT 2 ~ ~ 0 062 AC~ EXHIB{T ~ GRAPH lC SCALE m N FEET ~ SITUATEO ~~~o', ~- ~aos ~5/ ----...~4o, ~ t ~ ~.~ ~N0lO 30, 20.w NO3O35,38. E ~'/ ~ ~ m 171 24' 643. DEN[ON CIFy ~ 81496 " --I ~ I EXHIBIT B AN EXHIBIT OF 10 603 AC~S OF LAND SITUATED IN THE BERRY MERCHANT SURVEY, ABSTRACT NUMBER 800, DENTON COUNTY, TEXAS DATE 2-17-99 Slit HO C.~B~ ~m~,~ DESIGNED JOB NO 981727014 CHECKED JFK DENTON CITy LM£?s CORINTH CITy LIMITS r~ ~ NOl° 30' 20'w DENTON C[~y LN[~S ~~ D~WN TM ~ DESIGNED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS EXPRESSING ITS SUPPORT FOR THE NATIONAL LOW-SULFUR GASOLINE AND TIER 2 EMISSION STANDARDS PROPOSED BY THE ENVIRONMENTAL PROTECTION AGENCY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Colhn, Dallas, Denton, and Tarrant Counties are classffied as a serious non- attmnment area for ozone under the federal Clean A,r Act of 1990, and WHEREAS, despite the ~mplementatlon of numerous control measures, the area has not achieved att~unment status, and WHEREAS, it ~s recogmzed that the introduction of low pollution emitting vehicles into the area's velucle fleet will slgmficantly improve the area's ability to achieve attainment stares, and WHEREAS, it ~s imperative that low emitting vehmle technology be incorporated into a class of passenger vehmles including mlnlvans, pickup tracks, and sport utility vehicles, and WHEREAS, it is equally important that the sulfur content of gasoline be reduced to increase the effectiveness of low emitting vehicle technology, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the C~ty Council of the City of Denton, Texas hereby expresses its support of the National Low-Sulfur Gasoline and Tier 2 Emission Standards proposed by the Environmental Protection Agency SECTION 2 That the City Council has found and detenmned that the meeting at wluch this resolution ~s considered ~s open to the public and that notme thereof was g~ven m accordance with provisions of the Texas open meetings law, Tex Gov't Code ch 551, as amended, and that a quorum of the C~ty Council was present SECTION 3 That this resolution shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED this the ,fl ~/day of ~, 1999 JAC~Z~ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY AP~.OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 A RESOLUTION AMENDING RESOLUTION 98-065 BY ADOPTiNG AN AMENDMENT TO THE ROADWAY COMPONENT OF THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON AFFECTiNG THE SOUTHWEST DENTON IH35W / US 377 AREA, PROVIDING A SAVINGS AND A REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty of Denton adopted resolution 98-065 adopting the roadway component of the Denton Moblhty Plan to replace the 1988 Thoroughfare Plan on December 15, 1998, and WHEREAS, C~ty of Denton Engmeenng and Transportation Department recommends that the raadway component of the Denton Mobthty Plan should be amended for the Southwest Denton IH35W/US 377 area, and WHEREAS, on August 11, 1999, the Planmng and Zomng Commission recommended approval of the amendment, and WHEREAS, the C~ty Courted, after a public heanng on August 17, 1999, finds that the recommended amendment ~s m the best ~nterests of the health, safety and general welfare of the cmzens of the C~ty of Denton, Texas, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES fi_E_C.!!_Q!~I_L That the C~ty Cotmcfl has rewewed the attached amendment to the Denton Mobthty Plan-Roadway Component, which illustrates the alignments and location of ex~st~ng and planrled roadways w~thm the C~ty of Denton, Texas along the Southwest Denton IH35W /377 area, and hereby adopts such amendment to the plan to be used as the gmdehne by the C~ty in planmng, funding and constructing roadways wlthm the C~ty of Denton, Texas ~ That all resolutions or parts of resolutions in force when the prows~ons of th~s resolution became effective which are lncons~stent or in conflmt with the terms or provisions contmned m ttus resolution are hereby repealed to the extent of any such conflict only The non- confl~ctmg sections, sentences, paragraphs, and phrases shall remmn ~n full force and effect ~ That a copy of th~s resolution shall be attached to Resolution 98-065 showing the amendment here~n approved ~ That th~s resolution shall become effective ~mmedmtely upon ats passage and approval ~r/~da of '/" '~ """'/- PASSED AND APPROVED ti'ns the ~ y ~ ,1999 JAC~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY B ~ kix APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING A PROPOSAL TO ADOPT A 1999 TAX RATE THAT WILL RAISE MORE REVENUE THAN THE 1998 PROPERTY TAXES ON THE SEPTEMBER 7, 1999 AGENDA, CALLING A PUBLIC HEARING ON A TAX INCREASE FOR AUGUST 31, 1999, REQUIRING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON A TAX INCREASE IN ACCORDANCE WITH THE LAW, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council desires to adopt a tax rate of $0 50815 per $100 valuation, which will raise more revenue than the preceding tax year, tn accordance wtth the reqmrements of the Tex Tax Code ch 26 and to schedule a pubhc hearing on the proposed tax increase, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the Ctty Council desires to adopt a tax rate for the 1999 tax year of $ 50815 per $100 per valuatton that will ratse more revenue than the 1998 property taxes ~ That the Ctty Council hereby approves the placement of an item on the September 7, 1999 agenda to vote on a proposed tax rate of $0 50815 per $100 valuatton that will rinse more revenue than the 1998 tax year and will increase revenues over the 1998 tax year ~ That the City Council hereby calls a pubhc heanng on the proposed tax increase to be held m the City Council Chambers at Ctty Hall located at 215 East McI~nney Street tn Denton, Texas 76201 on August 31, 1999 at 6 00 p m The pubhc heanng will not be held until at least seven days after notice of this pubhc hearing has been published m the Denton Record-Chromcle, a newspaper having general ctrculatton within the Ctty, tn the form of the attached Notice of Pubhc Hearing on a Tax Increase, which ts made a part of this resolutton for all purposes The Ctty Manager and the Asststant City Manager for Ftscal& Mumclpal Servtces are hereby ~hreeted to pubhsh smd notme in accordance wtth thru resolutton and tn accordance with Tex Tax Code §26 06 At the pubhc hearing, the City Council will afford adequate opportumty for both proponents and opponents of the tax increase to present their views ~ That ttus resolution shall become effecttve lmmedtately upon tts passage and approval at a regular meeting of the City Council of the Ctty of Denton, Texas on this the 17th day of August, 1999, at which meeting a quorum was present and the meeting was held in accordance wtth the provlstons of Tex Gov't Code §551 001, et seq The Ctty Secretary is hereby chrected to record this resolution and the vote on the proposal to place the item for a tax increase on the September 7, 1999 Ctty Council agenda JAC~ ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY Councflmomber Voted For Voted Against Jack Miller, Mayor ~ Rom Beasley, Mayor Pro Tem '~ Mark Burroughs X' M~ke Coo~an ,K' Neff Durrance X~ Sandy Kristoferson M Carl Youag, Sr X TAX RATE UNCHANGED CITY OF DENTON Please notice the required advertisement printed below regarding the property tax rate calculation for the City of I)entoa It Is prepared ander very strict, state law requirements that mandate how tile property tax rates are to be published The ad below satisfies these strict requirements The current and proposed tax rate is 50815 per $100 valuation. Therefore, there is no change in the City's tax rate Notice of Public Hearing on Tax Increase The City of Denton, Texas will hold a pubhc hearing on a proposal to increase total tax revenues from properbes on the tax roll by seven point seventy-seven (7 77) percent Your individual taxes may increase or decrease, depending on the change in the taxable value of your property ~n relation to the change m taxable value of all other property and the tax rate that ~s adopted The pubhc hearing will be held on August 31, 1999 at 6 00 p m at the C~ty Councd Chambers in City Hall located at 215 E McKlnney Denton, Fexas 76201 FOR the proposal AGAINST the proposal PRESENT and not voting ABSEN F The following table compares taxes on an average home m tlus taxing umt last year to taxes proposed on the average home th~s year Again, your individual taxes may be higher or lower, depending on the taxable value of your property Last Year Thins Year Average residence homestead value $83,191 $86,849 General exempttons avadable (amount avmlable on the average homestead, not including semor e~t~zen's or d~sabled person's exemptions) $5,000 $5 000 Average taxable value $78,191 $81,849 Tax Rate 50815/$100 50815/$100 Tax $397 32 $415 91 Under this proposal, taxes on the average homestead would increase by $18 59 or four percent compared with last year's taxes Comparing tax rates without adjusting for changes in property value, the tax rate would increase by $0 per $100 of taxable value or zero percent compared to last year's tax rate These tax rate figures are not adjusted for cbanges in the taxable value of propel ty A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 1999 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN JUNE 1999 TO THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE AFFORDABLE HOUSING ACT OF 1990, AS AMENDED, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton is concerned with the development of viable urban commumtles, including decent housing, a suitable living environment and expanded economic opportumtles, and WHEREAS, the City of Denton as an enttltlement city under the Community Development Block Grant program and a participating junsdmtlon under the HOME Investment Partnerships program, has prepared through a cmzen participation process, a plan for using its 1999 CDBG, HOME and program mcome funchng in the approximate amount of $1,771,977, and WHEREAS, the City of Denton wishes to reallocate $98,000 in 1999 HOME ftmdmg from a Community Housing Development Organization set aside activity to funding for the Denton Affordable Housing Corporation, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the City Council of the City of Denton, Texas, authorizes the City Manager to submit to the U S Department of Housing and Urban Development (HUD) an amendment for the reallocation of funds in the 1999 Action Plan for Housing and Commumty Development that was previously submitted for a grant application with appropriate assurances for CDBG and HOME funds under the Housing and Community Development Act of 1974 and the Affordable Housing Act of 1990, as amended The amendment will provide $98,000 to the Denton Affordable Housing corporation for affordable housing activities and operating costs ~ That the City Council authorizes the City Manager or his designee to handle all fiscal and admlmstratlve matters related to the amended Action Plan ~ That save and except as amended hereby the provisions of the 1999 Action Plan for Housing and Commumty Development in June of 1999 to HUD shall remain in full force and effect ~ That this resolution shall become effective immediately upon its passage and approval JAC~ - ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 Amendment to the 1999 Action Plan for Housing and Community Development This is a proposed amendment to the 1999 Actton Plan for Housing and Community Development submitted to the U S Department of Housing and Urban Development on June 15, 1999 The C~ty of Denton wishes to reallocated $98,000 in HOME funding previously allocated to a Community Housing Development Organization (CHDO) set aside for the purpose of purchasing, renovating and selhng affordable housmg units The amendment proposes to realloeate HOME funding to the Denton Affordable Housing Corporation for use as follows $78,000 - Affordable Housing Opportunity Program, purchase and renovation of single family homes m existing neighborhoods Renovated homes will be sold to ehglble first-time homebuyers Up to $73,000 may be used for rehabthtatmn of four un,ts in the Toledo Court project Toledo Court project costs may include rehabilitation and site improvements expenses $20,000 - CHDO operating expenses Provision of funds for salaries, supphes, rent, telephone and other admlmstratlve costs This reallocation of operatmg funds to the Denton Affordable Housing Corporation will reduce the C~ty of Denton's required HOME match by $5,000 The amount of match required after amendment approval will be $112,000 Match will be provided from a variety of sources such as the Federal Home Loan Bank of Dallas and the Denton Affordable Housing Corporation The reallocation of funds will not affect other programs or projects Objective Increase the avallablhty of affordable housing through construction and/or renovation of approximately 100 new units for low and moderate-Income households Location Denton Affordable Housing Corporation, 303 N Carroll Blvd, State 108, Denton TX 76201 Any comments regarding the proposed amendment should be d~rected to the Community Development Division, C~ty of Denton, 100 W Oak, Suite 208, Denton TX 76201, 940.349.7726 Comments must be received on or before July 31, 1999. S \Our Documents\Contracts\99\ 1999 Action Plan Amendment doc A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ANNOUNCING THAT IT WILL VOTE ON A TAX RATE AT ITS REGULARLY SCHEDULED MEETING OF SEPTEMBER 7, 1999, PROVIDING FOR PUBLICATION OF NOTICE OF SUCH VOTE ON THE TAX RATE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, at its regularly scheduled meeting of August 17, 1999, the City Council voted to place a proposal to adopt a proposed tax rate that would raise 7 77% more revenue from properties on the tax roll than the tax rate for the 1998 tax year on the September 7, 1999 Cxty Courted regular meeting, and WHEREAS, the Cxty Secretary duly recorded the vote of the City Council on that matter, and WHEREAS, the City Council also called a public heanng for its regular meeting of August 31, 1999 on the tax increase, and WHEREAS, publication of noUce of that pubhe hearing on the tax mcrease was made in accordance with the law, said public heanng was held on August 31, 1999 and all proponents and opponents of the tax increase were given an adequate opportunity to present their wews at the public heanng, and WHEREAS, the City Council wishes to finally set the date, t~me, and place of the meeting at which it will vote on the tax rate, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the City Courted will vote on the proposed tax rate at ~ts regularly scheduled meeting of September 7, 1999, which will commence at 6 00 p m and will be held an the City Council Chambers at City Hall at 215 East McKlnney, Denton, Texas 76201 ~ That prior to the vote on the tax rate, the City Manager and the Assistant C~ty Mauager for Fiscal & Mumcxpal Services are chrected to pubhsh xn the Denton Record- Chromele, a newspaper hawng general circulation xn the C~ty, the attached Not~ee of Vote on the Tax Rate, whxch xs made a part of this resoluUon for all pul:poses, such pubheatxon to be ~n compliance wxth the reqmrements of the Texas Tax Code T_~ That flus resolution shall become effective lmmethately upon its passage and approval at a regular meeting of the City Council of the City of Denton, Texas on this the 31st day of August, 1999, at which meeting a quorum was present and the meetmg was held m accordance with the provisions of Tex Gov't Code §551 001, et seq The City Secretary is hereby advised to record this resolution and the vote on the proposal to place the ~tem for a tax increase on the September 7, 1999 City Council agenda PASSEDANDAPPROVEDtlusthe.,~/~ffdayof ~ ,1999 JACK ~_~, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY // '7- APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ~ Voted For Voted Agmnst Jack Miller, Mayor )(' Ronl Bea$1ey, Mayor Pro Tem X Mark Burroughs )~ M~ke Coehran X~ Neff Durranee ~' Sandy Knstoferson X Carl Young, Sr 3~ Page 2 NOTICE OF VOTE ON TAX RATE The City of Demon, Texas Conducted a public hearing on a proposal to increase the total tax revenues of the City of Denton, TX By 7.77 percent on August 31, 1999. The City Council of the City of Denton, Texas is scheduled to vote on the tax rate that will result in that tax increase at a public meeting to be held on September 7, 1999 at 6:00 p.m. at the City Council Chambers at the City Hall located at 215 E. M~:Kinney, Denton, Texas 76201 A RESOLUTION ALLOWING THE DENTON BLACK CHAMBER OF COMMERCE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT A BLUES FESTIVAL TO BE HELD AT CIVIC CENTER PARK ON SEPTEMBER 18, 1999, UPON THE CONDITIONS OF OBTAINING BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING GENERAL LIABILITY INSURANCE, AND AGREEING TO INDEMNIFY THE CITY FOR ANY LIABILITY, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton ("City") is the owner of the Civic Center Park and through the Park and Recreation Department co-sponsors a Blues Festival at the Civic Center Park, and WttEREAS, the consumptmn of alcoholic beverages is allowed in the Civic Center Park pursuant to City of Denton Code, §22-32(b), and WHEREAS, the Denton Black Chamber of Commerce ("DBCC") is a major participant m this event and will use tins event as a fund raiser for its activities, and WHEREAS, DBCC has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Blues Festival on September 18, 1999, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES ~ That DBCC shall be the sole partmlpant allowed to sell alcohohc beverages at the Blues Festaval on September 18, 1999 at the Civic Center Park upon the following conditions 1 That they shall be responsible for rental of the booth space, 2 That they obtmn the temporary license and permit for selling alcoholic beverages, 3 That they provide the seeunty necessary for the sale of alcohohc beverages, 4 That they provide general comprehensxve liability insurance from a responsible surety with the City as an addmonal insured in the amount of $500,000 00, 5 Agrees to mdemmfy the City of Denton against any liability incident to the selhng of alcohohc beverages at the Blues Festival ~ That the Caty Manager is authorized to execute any agreement to satmfy these conditions without further action by the City Council ~ That tins resolution shall become effective immediately upon its passage and approval ¢d yo, 1999 JACK~L/LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY ~ov~^s~o~o~ \\CH LGLWOLlkSHARED\DEPTxLGL\Our DocumontskResolut~ons\99kBlues Festival doc A RESOLUTION GRANTING APPROVAL OF A SUBSURFACE USE OF A PORTION OF ~ DENTON BRANCH RAIL/TRAIL APPROXIMATELY 110 FEET SOUTH OF THE LOOP 288 ROADWAY FOR THE INSTALLATION AND MAINTENANCE OF A FIBER OPTICS COMMUNICATION LINE TO ACCOMMODATE UTILITY SERVICE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE, PROVIDING FOR THE ISSUANCE OF A PERMIT OR LICENSE AND PROVIDING AN EFFECTIVE DATE WHEREAS, Sec 26 001 of the Texas Parks & W~ldhfe Code provides that public land designated and used as a park may be used for a non-park purpose if the City council finds after not~ce and hearing that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planmng to mnumize the harm to the park resulting from such use, and WHEREAS, CoServ Ut~ht~as desires to unprove F~ber Optics commumcation sennce to the City of Denton by mstallmg 100 linear feet of a communication line, and WHEREAS, CoServ Ut~ht~es desires to construct the Fiber Optics Commumcat~ons line through the Denton Branch Rall/Trml since alternative optaons would not be feasible and prudent, and WHEREAS, on August 12, 1999 the Parks and Recreation Board held a meeting and received testimony from C~ty staff and cmzens regardmg the alternatives for installing the communication project m the Denton Branch RalFTrml and recommends to the City Council that there is no feasible and prudent alternative to the use of the Park land, and WHEREAS, the City provided not,ce m the Denton Record Chromcle on August 15, August 22, and August 29 ora Pubhc Heanng to be held on September 7, 1999 m the Council Chambers to consider the alternatives to the use of City Park for the subject commumcatlon pro. lect, and WHEREAS, the City Councll on September 7, 1999 received testimony from Cxty staff and cmzens regarchng alternattves to the use of the Denton Branch RmFTrml for th~s Fiber Optics Commumcation Line, which includes, bit is not hmlted to, the following a Select another route through the city that would pass around the north end of the trail ak Hickory Street This would disrupt many city streets and reqmre many easements to be obtained b Terminate the communication sermce line at this location and WHEREAS, the City Council finds that the fact situation &scussed above does not fall w~thm the purview of Sec 253 001 of the Texas Local Government Code, and WHEREAS, the City Council finds that there is no feasible end prudent alternative to the use of the Park lend and that the commumcatlon project when constructed tn accordance with the promsions of the permit or license as described below will mtmmlze the harm to the park lend resultmg from the proposed use end the surface of such Park lend effected shall remain useable for the Park patrons once the construction of commumcation improvements are completed, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON RESOLVES , SECTION 1 That the fiber optics communication line proposed by CoServ Utflmes, Communication DlXasion be constructed end tnamtalned beneath the surface of the Park property described In Exhibit A, winch is attached hereto end tnade a part hereof for all purposes, end that the surface of the park alter installation of the fiber optm ltne be restored to the condmon to winch is existed prior to the installation of such line so that the Park lend may still be used by its pal~ons after cotnpletion of the project tn the same tnanner it was used prior to the communication project SECTION 2 That a penmt or license winch is revocable as required by law be cotnposed by the City Manager or Ins designee and approved by the City Attorney allowing the use of the Park property as referenced above with appropriate provision to insure ,the maprovements are constructed tn accordance with City Subthmsion Rules end Regulations, protects the palrons using the Park from tnjury end damage both dunng and after construc~on of the project, compensates the City for the reasonable tnarket value of the us, herein grented and generally protects the health, safety and general welfare of the City SECTION 3 That during construction of the unprovements above, CoServ Utilities tnay have temporary use of such additional park land necessary to stage the construction of the unprovetnents as tnay be approved by the D~rector the Parks end Recreation Depariment end at the completion of the construction actiwties for the above improvements such adthtional park lend shall be restored to the condition to winch it existed prior to the begummg of such construction actlvmes SECTION 4 That the rights end benefits set forth in tins resolution may not be assigned without the express written consent of the City SECTION 5 That the permit of hcense above grantee shall to the extent allowed by law constitute a covenant running with the land end be filed tn the Deed Records of Denton County, Texas SECTION 6 That tins resolution shall becotne effective immediately upon its passage end approval ATTEST, JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY H ~RmlUail Utihty cros~lng\CoServ Rmlmu1288 re~oluflon doc F \shared\dephLOL\Our Documenta\Resolut~ons\99\L~mlts On Acceptance Resolutmn doc RBSOLUTION NO /~0~ CONSIDER APPROVAL OF A RESOLUTION RESCINDING THE "LIMITATIONS ON ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR ESTABLISHMENT OF MULTIPLE FAMILY DWELLINGS" BY REPEALING RESOLUTION R99~022, RESOLUTION R99-023 AND RESOLUTION R99-032, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on June 1, 1999 Resolution No R99-022 was passed by the City Council to temporarily hmlt the acceptance and processing of applications seeking to estabhsh mult~ple- farmly dw¢lhngs until the City could adopt amendments to Chapter 35 (Zomng) of the Code of Ordmances of the C~ty of Denton and/or adopt a new comprehenmve plan to regulate traffic congestion and population density that may arise from the separate leasing of bedrooms contained In a angle dwelhng umt, and WHEREAS, Resolution No R99-023 was adopted on June 8, 1999 and Resolution No R 99-032 was adopted on July 20, 1999 amending Resolution No R 99-022, and WHEREAS, the C~ty Council m consldenng amendments to Chapter 35 of the C~ty Code and ~s now prepared to adopt a new comprehensive plan that will resolve certan of the concerns rased by R99-022, as amended, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES ~ That Resolution No R99-022, as amended by Resolution No R99-023 and Resolution No R 99-032, that provided a hm~tatlon on the acceptance and procesmng of apphcat~ons seekmg to establish multiple-family dwellings, is hereby resmnded and repealed .~ That flus resolution shall become effective ~mmechately upon ~ts passage and approval PASSED AND APPROVED thru the 7~L/-~ dayof ~~_, 1999 JAC~LL]~R, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the term of office of Mayor Olive Stephens, a member of the Board of Managers of the Denco 9-1-1 District, will expire on September 30, 1999, and WHEREAS, Section 772 306 of the Texas Health and Safety Code provides that two voting members of the Board of Managers of an Emergency Commumcatlon District shall be appointed jointly by all cities and towns lying wholly or partly with the district, and WHEREAS, the City of Denton, Texas w~shes to vote for a member to smd Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES ~ That the City of Denton, Texas hereby votes for Mayor Olive Stephens as a member to the Board of Managers of the Emergency Communication District of Denton County for a two yea~ term to commence October 1, 1999 ~ That tins resolution shall become effectave immediately upon its passage and approval PA~SED AND APPROVED tlus the~day of~1999 JA~d~ILLER, MAYO ATTEST' JENNIFER WALTERS, CITY SECRETARY AS TO HER EaT p OtrrV, . // R~SOLUTION NO ~- 0~~/ A RESOLUTION AMENDING THE AUTHORIZED REPRESENTATIVES OF THE CITY OF DENTON, TEXAS, AUTHORIZED TO TRANSMIT FUNDS FOR INVESTMENTS IN THE TEXAS LOCAL GOVERNMENT INVESTMENT POOL ("TEXPOOL") AND TO UNDERTAKE OTHER TRANSACTIONS WITH REGARD TO INVESTMENT IN TEXPOOL AS SET FORTH IN THE BODY OF THIS RESOLUTION, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas ("CITY") ~s a local government of the State of Texas and as empowered to delegate to a pubhe funds mvestmant pool the authority to invest funds and to act as custodian of investments purchased with local investment funds, and WHEREAS, it is m the best interest of the CITY to ~nvest local funds in ~nvestments that prowde for the preservation and safety ofpnnmpal, hqmd~ty, and y~eld consistent w~th the Pubhc Funds Investment Act, and WHEREAS, the Texas Local Government Investment Pool ("TexPool"), a pubhc funds ~nvestment pool, was created on behalf of entities whose investment objective in order of priority are preservation and safety of pnnc~pal, hqmd~ty, and yield consistent with the Pubhc Funds Investment Act, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the individuals, whose signatures appear ~n this resolution, are Authorized Representatives of the CITY and are each hereby authorized to transmit funds for investment in TexPool and are each further authorized to withdraw funds from time to time, to ~ssue letters of mstmetlon, and take all other actions deemed necessary or appropriate for the investment of local funds ~ That an Authorized Representative of the CITY may be deleted by a written instrument signed by all remammg Authorized Represantat~ves provided that the deleted Authorized Representative (1) ~s assagned job duties that no longer require access to the Participant's TexPool account or (2) is no longer employed by the CITY ~LTLO...N~ That the CITY may by amendang resolution signed by the CITY add an Authorized Representative provide the addlt, onal Authorized Representative is an officer, employee, or agent of the CITY ~ The following persons are Authorized Representatives and wall be ~ssued P I N numbers 1 Name K D e Title Assistant City Manager/Fiscal & Mtmmmal Signature~ Telephone No (940) 349-8228 2 Name D~aa Ort~z / ,~ . Title Director of F~scal Operations Signature ~ Telephone No (940) 349-8224 3 Name ~. Title Cash & Debt Administrator Signature ~ Telephone No (940) 349-7743 ~ That the name of the Authorized Representative listed above that will have primary responsibility for performing transactions and receavlng confirmations and monthly statements under the Participation Agreement as Name Lee Ann Bunselmever. Cash & Debt Administrator ~ That th~s resolution will continue an full force and effect until amended or revoked by CITY, and until TexPool received a copy of any such amendment or revocation ~ That the City Manager is hereby d~rected to send a certified copy of th~s resolution to the appropriate representative of TexPool ~ That the City Council has found and determined that the meeting at which this resolution is consxdered is open to the public and that notice thereof was given m accordance with promslons of the Texas Open Meetings Law, Tex Gov't Code ch 551, as amended, and that a quorum of the City Council was present CT~_QILQ._h~ That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED tins the '7Z/~ day of ~~, 1999 JAC~b~II'~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY PAGE 2 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ! PAGE 3 NOTE. Amended by Resolution No. R2000-002 iNOTE Amended by Resolution No. R2000-OlO, RESOLUTION NO fern- A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENT PLAN PROPOSED BY THE PLANNING AND ZONING COMMISSION AND PUBLIC UTILITIES BOARD, AND PRO- VIDING FOR AN EFFECTWE DATE WHEREAS, on the 9tn day of June, 1999, the Planning and Zoning Commmmon recom- mended the general government capital improvements to be constructed dunng the forthcoming year, and WHEREAS, on the 7th day of June, 1999, the Public Utdltles Board recommended the utthty capital xmprovoments to be constructed dunng the forthcoming year, and WHEREAS, the C~ty Manager furmshed a copy of the recommendations to the City Council on the 30m day of July, 1999, and WHEREAS, all of the above actmns were taken in compliance with the requirements of Section 10 03(a)(6) of the City Charter, and WHEREAS, the City Council wishes to formally adopt the recommendations of the Planning and Zomng Commmmon and Public Utihtms Board, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES S T_S~ That the Counml approves the list of capital improvements proposed to be constructed dunng the forthcoming year, winch is attached hereto and incorporated hereto and made a part ofthxs resolution for all purposes ~ That this resolution shall become effective immediately upon its passage and approval JAPER, MAYO ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY / Page 2 RESOLUTION NO /~- ~ A RESOLUTION AMENDING RESOLUTION NO R99-045 PASSED BY THE CITY COUNCIL ON SEPTEMBER 7, 1999 TO ADD PROJECTS APPROVED BY THE VOTERS AT THE JANUARY 15, 2000 GENERAL OBLIGATION BOND ELECTION TO THE GENERAL GOVERNMENT CAPITAL IMPROVEMENT PROGRAM FOR 2000-2004, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on September 7, 1999, the Caty Council passed ResoluOon No R99-045 adopting the Capatal Improvement Plan proposed by the Planmng & Zoning Comm~smon and the Pubhc Utlht~es Board for 2000-2004, and WHEREAS, prior to the passage of Resolutmn No R99-045, respectively on June 7, 1999 and June 9, 1999, the Pubhc Utilities Board and the Planmng & Zomng Comm~smon recommended the utility and general government capital ~mprovements to be constructed dunng the forthcormng year m accordance wxth prowsmns of the C~ty Charter, and WHEREAS, since those recommendations and the adoptmn of the Capital Improvement Program 2000-2004, at an elect~on wbach was duly called and held on January 15, 2000 m accordance w~th the C~ty Charter and all other apphcable laws, the voters approved additional capital ~mprovements to be constructed, and WHEREAS, at ~ts regular meeting of January 18, 2000, the City Council canvassed the January 15, 2000 general obhgation bond elect~on and the Cotmcfl deems ~t m the pubhc interest to amend the Capital Improvement Program 2000-2004 to add additional pubhc ~mprovements approved by the voters at t~s elect~on, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That Resolution No R99-045 is hereby amended to add the capital ~mprov~rnants shown on the 1999-2000 Capatal Improvement Program General Government exbab~t, wfueh xs attached hereto and made a part of th~s resolution for all purposes as ff written word for word hereto, to the Capital Improvement Program 2000-2004 and authorizing these add~tmnal capital nnprovements which are proposed to be constructed dunng the forthcoming year SECTION 2 That save and except as amended hereby, all the remmmng sections, subsectlons, paragraphs, sentences, clauses, and phrases of Resolution No R99-045 of City of Denton, meludmg the hst of capital amprovemants attached to that resolution, shall remmn ~n full force and effect SECTION 3 That th~s orchnance shall become effecOve ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED flus the /~ ~- d JACK ~R, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY , . APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ? Page 2 1999-2000 CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT TOTAL REQUIRED CITY UNISSUED OTHER* FUNDING Transportation - Streeta/Traffle Control/Bikeways/Sidewalks/Airport Brmker Road $ 900,000 $ 900,000 Traffic S~gnals 200,000 200,000 Pavmg/Stdewalks/Bikelanes 500,000 500,000 Bonnie Brae 250,000 250,000 Fry Street 250,000 250,000 Facility Renovations 2,000,000 2,000,000 Development Code and Re-write of Development Code 405,000 405,000 Total $ 2,100,000 $ 2,405,000 $ 4,505,000 Libraries North Branch Library/ Emily Fowler Renovation $ 1,000,000 $ 1,000,000 Total $ 1,000,000 $ $ 1,000,000 Parks and RecreatlonfBeautifleation Upgrade Parks $ 210,000 $ 210,000 Community Park Land Acquisition 400,000 400,000 Beautification 40,000 40,000 Total $ 650,000 $ $ 650,000 Total Bonds $ 3,750,000 $ 2,405,000 $ 6,155,000 * Projects to be funded through the issuance of certificates of obhgatton RESOLUTION NO /~7~_ ~/j~) A RESOLUTION AMENDING RESOLUTION NO R99-045, AS AMENDED, PASSED BY THE CITY COUNCIL ON SEPTEMBER 7, 1999 TO ADD PROJECTS NECESSITATED BY THE NEED TO ACQUIRE PROPERTY NEAR CITY HALL EAST FOR CITY HALL EAST RENOVATIONS, NEW ERCOT REQUIREMENTS, WATER TREATMENT PLANT EXPANSION, AND ADDITIONAL SEWER LINES, TO THE UTILITY AND GENERAL GOVERNMENT CAPITAL IMPROVEMENT PROGRAM FOR 2000-2004, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on September 7, 1999, the City Council passed Resolution No R99-045 adopting the Capital Improvement Plan proposed by the Planning & Zoning Commission and the Public Utilities Board for 2000-2004, and WHEREAS, on January 18, 2000 Resolution No R99-045 was amended by Resolution No R2000-002 to add projects approved by the voters at the January 15, 2000 general obligation bond election to the general government Capital Improvement Program for 2000-2004, and WHEREAS, prior to the passage of Resolutmn No R99-045, respectively on June 7, 1999 and June 9, 1999, the Public Utilities Board and the Planning & Zoning ConllnlSslon recommendad the utlhty and general government capital improvements to be constructed during the forthcoming year in accordance w~th provisions of the City Charter, and WHEREAS, since those recommendations and the adoption of the 2000-2004 Capital Improvements Program, the need has arisen to increase funding for the existing City Hall East renovation project to acqmre property located near City Hall East, to meet new ERCOT planmng criteria requmng additional electric transmission and thstnbut~on capital projects, to increase the treatment capacity of the new water treatment plant, and to increase the amount of funding needed for sewer line projects to meet an increase in customer demand, and WHEREAS, on September 7, 1999 the City Council approved the funding of renovations at City Hall East, and on Februa~ 21, 2000 the Public Utilities Board recommended these additional utlhty projects be added to the Capital Improvement Program and to be constructed dunng the forthcoming year in accordance with the provisions of the City Charter, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That Resolution No R99-045, as amended, is hereby amended to add the capital improvements shown on the 2000-2004 Utility and General Government Capital Improvement Program exhth~t, wluch is attached hereto and made a part of tfus resolution for all purposes as ~f written word for word herem, to the Capital Improvement Program 2000-2004 and authortzmg these additional capital improvements winch are proposed to be constructed during the forthcoming year SECTION 2 That save and except as amended hereby, all the remaining sections, subsections, paragraphs, sentences, clauses, and phrases of Resolution No R99-045 and Page 1 Resolution No R2000-002 of C~ty of Denton, ~nclud~ng the hst of capital improvements attached to those resolutions, shall remmn m full force and effect SECTION 3 That this resolution shall become effective ~mmed~ately upon ~ts passage and approval PASSEDANDAPPROVEDth~sthe ~/~ dayof ~,~_. ,2000 JACK~ ATTEST JENNIFER WALTERS, CITY SECRETARY API~OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT EXISTING YEAR DIVIDEPT PROJECT NAME BONDS 99 2000 Trans Bnnker Road 99-2000 Trans Traffic S~gnals 99-2000 Trans Pavlng/S~dewalks/B~kelanes 99 2000 Trans Bonnie Brae 99-2000 Trans Fry Street 99-2000 Parks Upgrade Parks 99 2000 Parks Commumty Park Land Acqummon 99-2000 Parks Beaubflcat~on 99 2000 Build/Equip North Branch L~brary/Em~ty Fowler Renovatmn ** 99-2000 Bufld/Eqmp Facility Renovations ** 99 2000 M~sc Development Code and Re-wr~te of Development Code TOTAL 2000-01 Trans Traffic S~gnals 2000-01 Trans H~ckory Creek 2000 01 Trans Pawng/S~dewalks/Blkelanes 2000 01 Trans US 77 2000-O1 Trans Loop 288 (12,000') 2000 01 Trans W~demng H~ghway 2181 2000-01 Trans W~ndsor Interchange 2000-01 Trans M~scellaneous Pawng 2000 O1 Parks Upgrade Parks 2000-01 Parks Commumty Park Land Acquisition 2000 01 Parks Trafls/L~nkages 2000-01 Parks Beaut~hcatlon 2000 01 Build/Equip North Branch L~brary/Emfly Fowler Renovatmn TOTAL 2001-02 Trans Traffic S~gnals 2001 02 Trans Pawng/S~dewalks/B~kelanes 2001-02 Parks Aquatic Center 2001 02 Build/Equip North Branch L~brar¥/Emfl¥ Fowler Renovatmn TOTAL 2002 03 Trans Trafhc S~gnals 2002-03 Trans Ramp Reversal (Lflhan Mflter/288/I-35) 2002~03 Trans Pavlng/S~dewalks/B~kelanes 2002-03 Trans Fort Worth Dnve (w~den) 2002 03 Trans McK~nney Street 2002-03 Trans H~ghway 380 (US 77 to I 35) 2002 03 Trans A~rport Control Tower 2002-03 Trans Mass Transit Imttat~ves 2002-03 Trans Miscellaneous Pawng 4 ".C~icated to Quality CiTY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT (Cont) TOTAL (MEMO} REQUIRED AID TOTAL OPERAT AUTH UNAUTH OTHER CITY IN PROJECT AND UNISSUED UNISSUED * FUNDING CONST COSTS MAINT 900,000 900,000 900,000 200,000 200,000 200,000 500,000 500,000 500,000 250,000 250,000 250,000 250,000 250,000 250,000 210,000 210,000 210,000 400,000 400,000 400,000 40,000 40,000 40,000 1,000,000 1,000,000 1,000,000 2,370,000 2,370,000 2,370,000 405,000 405,000 405,000 $3,750,000 $2,775,000 6,525,000 $ 6,525,000 150 000 150,000 150,000 750,000 750,000 750,000 500,000 500,000 500,000 1,450,000 1,450,000 1,450,000 1,000,000 1,000,000 1,000,000 250,000 250,000 250,000 500,000 500,000 500,000 1,000,000 1,000,000 1,000,000 460,000 460,000 460,000 21,115 1,400,000 1,400,000 1,400,000 250,000 250,000 250,000 40,000 40,000 40,000 350,000 350,000 350,000 ~8 lOO,obo $ $ $ 8,100,000 $ $ 8,100,000 $ 21,115 160 000 150,000 150,000 485,000 485,000 485,000 4,000,000 4,000,000 4,000,000 887,000 4,250,000 4,250,000 4,250,000 1,513,995 $8 885,d00 $ $ $ 8,885,000 $ $ 8,885,000 $2,400,995 150,000 150,000 150,000 500,000 500,000 500,000 515,000 515,000 515,000 1,000,000 1,000,000 1,000,000 250,000 250,000 250,000 250,000 250,000 250,000 500,000 500,000 500,000 271,000 225,000 226 000 225,000 1 500,000 1,600,000 1,600 000 5 "D6~;¢atedtoOuallty CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT EXISTING YEAR DIV/DEPT PROJECT NAME BONDS 2002-03 Parks Upgrade Parks 2002-03 Parks Add~t;onal Athletic Fmlds 2002-03 Parks Tra~ls/Lmkages 2002-03 Parks Beaut~hcation 2002-03 Parks Amencan Legion Hall Annex 2002-03 Bu~ld/Eqmp Jml Expansmn TOTAL $ 2003-04 Trans Traffic S~gnals 2003-04 Trans Pawng/S~dewalks/B~kelanes 2003-04 Trane 377 Alternate 2003-04 Trane Loop 288 {26,000') 2003-04 Trans Land Acqu~e~tmn - A~rport Runway 2003-04 Trans H~ghway 2499 2003-04 Trans FM 1830 2003-04 Parks Upgrade Parks 2003-04 Parks Tra~ls/Lmkages 2003-04 Parks Beaut~hcat~on 2003-04 Parks C~wc Center Upgrade and Improvement 2003-04 Build/Equip North Branch L~brary/Em~ly Fowler Renovation 2003-04 Build/Equip F~rearms Fac~hty TOTAL $ * Includes certificates of obhgation, fund balance, and General Fund resources *' Additional projects to be funded through the ~ssuance of certificates of obhgat~on 6 "Dedicated to Quality Sei-vlc~" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT (Cont) REQUIRED AID TOTAL OPERAT AUTH UNAOTH OTHER CITY IN PROJECT AND UNISSUED UNISSUED * FUNDING CONST COSTS MAINT 690,000 690,000 690,000 21,115 550,000 550,000 550,000 158,110 220,000 220,000 220,000 22,390 40,000 40,000 40,000 175,000 175,000 175,000 500,000 500,000 500,000 165,084 86,565,000 $ $ 500,000 $ 7,065,000 $ $ 7,065,000 $ 637,699 150,000 150,000 150,000 500,000 500,000 500,000 1,900,000 1,900,000 1,900,000 250,000 250,000 250,000 220,000 220,000 220,000 500,000 500,000 500,000 300,000 300,000 300,000 640,000 640,000 640,000 21 115 170,000 170,000 170,000 22,390 40,000 40,000 40 000 850,000 850,000 850,000 1,200,000 1,200,000 1,200,000 350,000 350,000 350,000 12,520 86,720,000 $ $ 350,000 $ 7,070,000 $ $ 7 070,000 $ 56,025 7 A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING CONTINUED FUNDING FOR ONE (1) JUVENILE/DOMESTIC VIOLENCE iNVESTIGATOR AND ASSOCIATED TRAINING AND SUPPLIES FOR A FAMILY SERVICES UNIT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton is eligible to receive funds from the Criminal Justice Division of the Office of the Governor, State of Texas, and desires to increase the effectiveness of the Denton Police Department's efforts to resolve problems associated with juvenile crime and family violence, and WHEREAS, m order to receive such funds, it is necessary for the Council of the City of Denton to anthonze the submission of an application to the Criminal Justice Dlmslon of the Office of the Governor, State of Texas, requesting continued funding for one (1) juvemle/domestac violence investigator and associated trmmng and supplies to be dedicated to the mvestigatxon of criminal offenses involving juveniles and family violence, and WHEREAS, the Council of the City of Denton finds it in the best interests of the citizens of the City of Denton, that the Family Services Unit be operated from 09/01/99 through 08/31/2000, and WHEREAS, the Council of the City of Denton has considered the proposed application for State and Federal Assistance for smd project, in the amount of $24,892 to be submxtted to the Office of,the Governor, Criminal Justice Division, and WHEREAS, the Council of the City of Denton has agreed to provide matching moneys for the smd project m the amount of $36,604, or an amount equal to three-fifths of the total project cost as required by the grant application, and WHEREAS, the Councd of the City of Denton has agreed that in the event of loss or misuse of the Criminal Justice Division funds, the City Council assures that the funds will be returned to the Criminal Justice Dlwslon m full, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ The City Council of the City of Denton approves submission of the grant apphcatton for the Family Services Umt to the Office of the Governor, Criminal Justice D~mslon (CJP 421) Program in the amount of $24,892 00 fi~ That the City of Denton, Texas, certifies that it is eligible to continue to receive a funding allocation from the Criminal Justice Division of the Office of the Governor, State of Texas, for one (1) investigator to be used m the investigation of criminal offenses mvolwng juvemles and family wolenee and assocmted trmmng and supphes, ~ That the C~ty Council authorizes and d~rects the C~ty Manager, or h~s designee, to represent and act on behalf of the City of Denton m applying for and working w~th the Criminal Justice D~v~s~on of the Office of the Governor, State of Texas, an regard to such grant applieat~on ~ That the Ctuef of Pohce shall forward a copy of th~s resolution to the Criminal Justace Dlvas~on of the Office of the Governor, State of Texas T~..F,~[Q..~_~ That th~s Resolution shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED this the,~day of~, 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY F ~sha~ed~dept\L~L\Our DocumentshResolutlons\99\Cnmmal Justice doc FILE REFERENCE FORM R99-047 Additional File Exists  Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials JR Amended by Resolution No. R2000-065 12/19/00 JR Amended by Resolution No. R2001-072 12/18/01 JR Amended by Resolution No. R2002-055 12/10/02 JR Amended by Resolution No. R2004-008 02/03/04 JR Amended by Resolution No. R2005-008 02/22/05 JR Amended by Resolution No. R2005-047 11/15/05 JR Amended by Resolution No. R2006-043 12/19/06 JR Amended by Resolution No. R2007-028 09/25/07 JR Amended by Resolution No. R2008-009 03/04/08 JR Amended by Resolution No. R2009-006 03/03/09 JR Amended by Resolution No. R2009-028 11/03/09 NOTE Amended by Resolution No R2000-065 Amended by Resolution No. R2001-072 RESOLUTION NO A RESOLUTION REVIEWING AND ADOPTING THE INVESTMENT POLICY FOR FUNDS FOR THE CITY OF DENTON, DESIGNATING AN INVESTMENT OFFICER, PROVIDING A SAVINGS AND A REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council passed Resolutmn No 96-061 on October 15, 1996, which adopted an Investment Policy for Funds for the City, in comphance w~th the Pubhc Funds Investment Act, 74th Leg, ch 402, 1995 Tex Sess Law Serv 2958 (Vernon) (TEX GOV'T CODE Ann Ch 2256), and WHEREAS, by Resolutmn No 97-026, passed by the C~ty Councd on June 10, 1997, the C~ty's Investment Pohcy was amended, and WHEREAS, by Resolution No 97-077, passed by the C~ty Council on December 16, 1997, the City's Investment Pohcy was amended, and WHEREAS, by Resolutmn No 98-067, passed by the City Council on December 15, 1998, the C~ty's Investment Pohcy was reviewed and adopted, and WHEREAS, the C~ty Council desires to remew the Investment Pohcy for comphance to the Pubhc Funds Investment Act, TEX GOV'T CODE ch 2256, by the 76th Legmlature, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the C~ty Cotmml has reviewed the attached C~ty of Denton Investment Policy, wtuch contains the investment pohmes and strategies and hereby adopts the attached Investment Policy with the recommended changes to the policy from the one adopted on December 15, 1998 ~ That the Assistant City Manager of Fiscal and Municipal Services ~s hereby designated as the chief financial officer for the City and the D~rector of F~scal Operations is hereby designated as the City's investment officer to perform the functions required of her/h~m The financial officer is hereby anthonzed to perform the functions required of her/h~m under the Investment Policy and in accordance with TEX GOV'T CODE ch 2256 ~ That all ordinances or parts of ordinances ~n force when the provlmons of th~s resolution became effectave which are inconsistent or ~n conflict w~th the terms or prowmons contmned m th~s resolution are hereby repealed to the extent of any such conflmt only The non- conflicting sections, sentences, paragraphs, and phrases shall remmn ~n full force and effect ~ That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Resolution No 96-061, Resolution No 97-026, Resolution No 97-077 and Resolutmn No 98-067 shall remmn m full force and effect ~ That th~s resolution shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED this the~/'~y of ~t~957~..~/~/)~) , 1999 J~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY F ~shared\dopfiLGL\Our Documonts\Resolut~ons\99\lnvestmont Pohcy Rewew doe CITY OF DENTON age 1 ell4 rOLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION FINANCE POLICIES REFERENCE NUMBER 408 04 INITIAL EIq~'ECTIVE DATE SUBJECT INVESTMENTS 02/17/87 LAST REVISION DATE TITLE INVESTMENT POLICY 06/97 11/97 I PURPOSE This policy shall provide the guidelines by which the City of Denton "City" wall mammm the mmunum amount of cash m its bank accounts to meet dady needs, and to provide protection flit its principal and liquidity whde receiving the highest yield possible from investing all tempurary excess cash This policy serves to satisfy the statutory requirements of defining and adopting a formal investment pohcy The pohcy and strategy shall be reviewed annually by the Investment Committee and City Councd who will formally approve any modifications This investment policy as approved, is in compliance with the provisions of the Public Funds Investment Act of Tex Gov't Code Ann Chapter 2256, hereinafter referred to as the "Act", as amended and effective September 1, 1997 II SCOPE A This Investment Policy apphes to the investment activities of the City of Denton, Texas, ~ncludlng, without hmtmtlon The specific funds cited hereafter tn Section liB, shall be excluded from this Investment Pohey [All finanmal assets of all funds, ~ncluding the General Fund and any other accounts of the C~ty not specffically excluded in these pohcy guidehnes are included These funds are accounted for in the City's Comprehensive Annual Financial Report (CAFR) ] These funds, as well as funds that may be created from t~me-to- time, shall be admmistered in accordance w~th the provisions of these pohc~es All funds will be pooled for investment purposes The strategy developed for this pooled fund group will address the varying needs, goals, and objectives of each fund B This policy shall not govern funds, which are managed under separate investment programs in accordance with Section 2256 004 of the Act Such funds currently include, Employees' Retirement Fund of the City of Denton, the Flremen's and Pobcemen's pension Funds of the City of Demon, other funds established by the C~ty for deferred employee compensation, revenue bond reserve funds, and certain private donations The City shall and will maintain responslbthty for these funds to the extent required by Federal and State Law, the C~ty Charter, and donor stipulations III INVESTMENT OBJECTIVE & STRATEGY It ~s the pohcy of the "C~ty" that, glwng due regard to the safety and risk of ~nvestment, all available funds shall be invested m conformance with State and Federal Regulations, apphcable Bond Resolution reqmrements, adopted Investment Policy and adopted Investment Strategy In accordance with the Public Funds Investment Act, the following priormzed object~ves (in order of importance m accordance w~th Section 2256 005(d) of the Act), apply for each of the City's investment strategies Page 2 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 A Suttab~hty - Understanding the smtabdity of the investment to the financml reqmrements of the City Any investment eligible in the Investment Policy is suitable for all City funds B Safety - Preservation and safety of principal All investments will shall be of high quality securities with no perceived default risk Market price fluctuations will however occur, by managing the weighted average days to maturity for each fund type as specified C L~qutdtty - To enable the City to meet operating requirements that m~ght be reasonably anticipated, the City's investment portfoho will remain sufficiently hquid Llqmdity shall be achieved by matchmg investment maturities with forecasted cash flow reqmrements and by investing m securmes with active secondary markets Short-term investment pools and money market mutual funds provide dally llqmdlty and may be utdlzed as a competmve yield alternative to fixed maturity mvastments D Marketab~hty- Securities with active and efficient secondary markets are necessary m the event of an unantmlpated cash reqmrement Hlstormal market "spreads" between the b~d and offer prices of a particular security-type of less than a quarter of a percentage pmnt shall define an efficient secondary market E Diversification - Investment maturities shall be staggered throughout the budget cycle to provide cash flow based on the anticipated needs of the City D~versffymg the appropriate maturity structure will reduce market cycle risk F Y~eM- Attalmng a competmve market yield for comparable security-types and portfolio restrictions are the desired objective The yield of an equally weighted, rolhng s~x-month treasury bill portfoho shall be the minimum yield objective or "benchmark" A secondary objective will be to obtain a yield equal to or in excess of a local government investment pool, money market mutual fund or average Federal Reserve discount rate The first measure of suceass m this area will be the attainment of enough income to offset inflationary increases Even though steps will be taken to obtain this goal, the City's staff shall constantly be eogmzant of the standard of care and the investment objectives pursuant to the provisions of the amended Act, Section 2256 006(a) The Director of Fiscal Operations shall avmd any transactions that might impair public confidence m the City's abihty to govarn effectively The governmg body reeogmzes that m diversifying the portfoho, occasional measured losses due to market volatlhty are ~nevltable, and must be considered within the context of the overall portfoho's investment return, promded that adequate dlversffieatlon has been implemented The prudence of the investment decision shall be measured ~n accordance with the tests set forth in Section 2256 006(b) of the Act IV INVESTMENT STRATEGY FOR SPECIFIC FUND GROUPS Eaoh major fund type has varying cash flow reqmrements and hqmdlty needs Therefore specific strategies shall be implemented considering the fund's umque reqmrements and the following shall be considered separate investment strateglas for each of the funds mentioned below The City's funds shall be analyzed and invested according to the following major fund types Page 3 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 A Operating Funds - Investment strategtes for operating funds and commtngled pools contalmng operating funds have as thctr primary objecttve to assure that ant~ctpated cash flows are matched w~th adequate investment hqmdtty The secondary objecttve ~s to structure a portfolio, which will mtmmtze volatthty during economtc cycles Thts may be accomplished by purchasing high quahty, short-term securities, which wall compliment each other m a laddered maturity structure A dollar wetghted average maturity of 365 days or less wall be mmntamed and calculated by usmg the stated final maturity date of each security B Debt Servtce Funds - Investment strategies for debt service funds shall have as the primary objecttve the assurance of tnvestment hqmdtty adequate to cover the debt service obhgatmn on the reqmred payment date Securmes purchased shall not have a stated final maturity date, which exceeds the debt sarvme payment date A dollar wetghted average maturity of 550 days or less wall be malntamed and calculated by using the stated final maturity date of each security C Debt Servtce Reserve Funds - Investment strategtes for debt service reserve emergency and contingency funds shall have as the primary objective the abdtty to generate a dependable revenue stream to the approprmte fund from securities with a Iow degree of volatthty Secunttes should be of h~gh quahty and, except as may be required by the bend ordinance specffic to an ~ndtvtdual ~ssue, of short to mtermedtate-term maturmes w~th stated final maturities not exceeding five (5) years Volatthty shall be further controlled through the purchase of secuntxes carrying the htghest coupon avmlable, w~thm the destred maturity and quahty range, without paying a premmm, ~f at all possible Such securmes wall tend to hold thetr value dunng economic cycles D Cons~ructton and Spectal Purpose Funds - Investment strategies for constructton projects or specml purpose fund portfohos wall have as thetr primary object,ye to assure that annmpated cash flows are matched w~th adequate investment hqmd~ty These portfolios should include at least 10% in highly hqmd secunttes to allow for flextbdtty and unant~mpated project outlays The stated final maturity dates of securities held should not exceed the esttmated project completion date A dollar weighted average maturity of 365 days or less wdl be maintained and calculated by ustng the stated final maturity of each security E Market prtces for all pubhc fund tnvestments wall be obtatned and monitored through the use of Interacttve Data Inc, an on-hne data service or a stmfiar qualffied successor agency V INVESTMENT COMMITTEE Members - There ts hereby created an Investment Commtttee consisting of the Ctty Manager, Assistant City Manager of Finance, Dtrector of F~scal Operattons, Mayor, and one member of the C~ty Counml Scope - The Investment Committee shall meet at least quarterly to determtne general strategies and to momtor results Included tn ~ts dehberattons will be such topms as economic outlook, portfoho dtversfficatmn, maturtty structure, potenttal risk to the City's funds, authorized brokers and dealers, and the target rate of return on the mvestment portfolio Page 4 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 Procedures - The Investment Committee shall provide for minutes of its meetings Any two members of the Investment Committee may request a special meeting, and four members shall cons'~ltute a quorum The Investment Committee shall estabhsh its own rules of procedures VI RESPONSIBILITY AND STANDARD OF CARE A Delegation & Training - The management responsibfllW for the investment program ~s hereby delegated to the Assistant City Manager of Finance, who shall estabhsh written procedures for the operation of the investment program, consistent with this investment policy Such procedures shall include explicit delegation of authority to the md~vidual(s) responsible for investment transactions The primary md~vidual who shall be involved in investment activities will be the Director of Fiscal Operations The Cash & Debt Admimstrator will have a support role The Assistant City Manager of Finance and Director of Fiscal Operations are designated as mvestment officers, pursuant to section 2256 005 subsection f of the Act Accordingly, the investment officers, who shall be the chief financial officer and the investment officer of the City for the purposes of Section 2256 008 of the Act, shall attend at least one training session relating to their responsibility under the Act within 12 months after assuming duties These sessions and additional investment training sessions must be completed no less often than once every two fiscal years commencing September 1, 1997 and these financial officers shall receive not less than 10 hours of instruction relating to investment respons~bfl~ties The training must include education in investment controls, secunW risks, strategy risks, market risks, and compliance with the Public Funds Investment Act The investment training session shall be provided by an independent source approved by the investment committee For purposes ofth~s policy, an "independent source" from which ~nvestment training shall be obtained shall include a professional organization, an institute of higher learning or any other sponsor other than a Business Organization with whom the C~ty of Denton may engage in an investment transaction Thus, these independent sources will be training sessions sponsored by Government Treasurers Organization of Texas (GTOT), Umverslty of North Texas (UNT), Government Finance Officers Assoc~atmn of Texas (GFOAT) No persons may engage in investment transactions except as provided under the terms of this policy and the procedures established by the Assistant City Manager of Finance The Assistant City Manager of Finance shall be responsible for all transactions undertaken, and shall establish a system of control to regulate the activities of the D~rector of Fiscal Operations The controls shall include a quarterly process of independent rewew by an individual or firm designated by the Assistant City Manager of Finance, and an annual rewew by an external auditor The reviews will provide internal control by assunng compliance with pohcies and procedures The Assistant City Manager of Finance, Director of Fiscal Operations, Mayor, C~ty Council, City Manager and other Finance employees shall be personally mdemmfied in the event of investment loss prowded the Investment Pohc~es and Gmdehnes are followed B Conflicts oflnterest- All participants in the investment process shall seek to act responsibly as custodians of public assets Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions Page 5 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 C Disclosure - Anyone involved in investing City funds shall file with the Assistant City Manager of Finance and the Investment Committee a statement disclosing any personal business relationship and any material financial interest in a business organization that handle City of Denton investments An investment officer has a personal business relationship with a business organization if I The investment officer owns 10% or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization, 2 Funds received by the investment officer from the business organization exceed 10% of the investment officers gross income for the prior year, or 3 The investment officer has acquired from the business organization during the prior year investments with a book value of $2,500 or more for the personal account of the investment officer Any investment officer who is related within the second degree by affinity or consanguinity as determined under the Tex Gov't Code Ann Ch 573 to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship with the City Council and the Texas Ethics Commission D Prudence - The standard of prudence to be used by the investment officials shall be the 'LPrudent Person Rule", as set forth In Tex Gov't Code Ann Sec 2256 006 and will be applied in the context of managing an overall portfolio "Investments shall be made with judgement and care under circumstances then prevailing - which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived" Investment officials acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibilities for an individual security's credit risk or market pnee change, provided deviations from expectations are reported in a timely fashion and appropriate action Is taken to control adverse developments E Reporting Monthly - The Director of Fiscal Operations shall submit monthly an investment report, to the Investment Committee, that summarizes recent market conditions, economic developments and anticipated investment conditions The report shall summarize the investment strategies employed, describe the portfolio in terms of investment securities, maturities, risk characteristics and other features The report shall include total investment return to date and compare the return with budgetary expectations or projections Page 6 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 Quarterly - The Director of Fiscal Operations shall prepare and present to the Investment Committee and Clty Council a written report on the City's Investment transactions for the precedmgreportlngpenod The report shall l)descnbelndetaflthe~nvestmentposItIonof the City as of the end &the reporting period, 2) prepared jmntly by all investment officers, 3) signed by each investment officer, 4) contain a summary statement of each pooled fund mcludlng a) beginning market value for the reporting period, b) additions and changes to the market value during the period, c) ending market value for the period, and d) fully accrued mterest for the reportmg period The summary statement for each fund group must be prepared in eomphanee with Generally Accepted Accounting Principles (GAAP) 5) State the book value and market value of each separately ~nvested asset at the beglnmng and end of the reportmg period by type of asset and fund type invested, 6) state the maturity date of each separately invested asset that has a maturity date, 7) state the account or fund or pooled group fund for which each individual investment was acquired, and 8) state the compliance of the investment portfoho of the C~ty as ~t relates to the investment strategy of the City and w~th relevant provisions of the Tex Gov't Code ch 2256 Annually - W~thln mnety (90) days of the end of the Fiscal Year, the Director of Fiscal Operations shall present a comprehensive annual report to the City Council on the investment program and investment activity The annual report shall prowde a separate quarterly comparison of returns and suggestions for ~mprovements that might be made m the ~nvestmant program The City Council shall review and approve the ~nvestment policy and ~nvestment strategies at least annually and be documented by rule, order, ordinance or resolution which shall include any changes made Comphance Audtt- The City's external, independent auditor will conduct an annual review of the quarterly reports in conjunction with the annual financial and~t The results of the audit will be reported to City Councd upon receipt Fhe audit will review compliance w~th management control on investments and adherence to this policy F fhe gmdehnes of retaining records for seven years as recommended m the Texas State Library Mumctpal Records Manual should be followed The Director of F~scal Operations ~hall oversee the fihng and/or storing of investment records VII SUITABLE AND AUTHORIZED INVESTMENT SECURITIES A Active Portfolio Management - The City intends to pursue an active versus a passive investment management philosophy That ~s, securities may be sold before they mature if market cond~tmns present an opportunity for the Cxty to benefit from the trade (Subsection E) Page 7 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 B ,4uthortzedlnvestments (-Per HB 2459 and Secttons 2256 009 through 2256 OI 7 of the Act) - Assets of funds of the government of the City of Denton may be invested in 1 Obhgat~ons of the United States of America, tts agencies and lnstrumentahty's (maturing m less than five (5) years, whmh have a hqmd market w~th a readily determinable market value, 2 Investment - grade, d~rect obligations of the State of Texas (maturing m less than two (2) years), 3 Obhgatmns of the States, agenmes thereof, Counties, C~ties, and other pohtical subd~wsions of any state hawng been rated as investment quality by a nationally recogmzed investment rating firm, and hawng received a rating of not less than "AA" or ~ts eqmvalent (maturing ~n less than two (2) years), 4 Fully insured or collaterahzed Certificates of Deposit's Issued by state and national banks or savings bank or a state or federal credit union, domiciled in Texas, guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Umon Share Insurance Fund or its successor, secured by obhgat~ons described in 1 through 3 above, and that have a market value of not less than the pnnctpal amount of the certificates but excluding those mortgage backed securities as described m the Tex Gov't Code Sec 2256 009(b) (maturing m less than one (1) year), 5 Fully collatenzed direct repurchase agreements (whose underlying purchased securities consist of the foregoing) w~th a defined termination date secured by obhgations of the United States or its agencies and mstrumentahty's pledged with a third party, selected and approved by the City through its Director of Fiscal Operatmns, other than an agency for the pledgor and deposited at the time the investment ~s made w~th the City Repurchase agreements must be purchased through a primary government seeurmes dealer, as defined by the Federal Reserve, or a bank dommded ~n Texas Each issuer of repurchase agreements must s~gn a copy of the Ctty's Master Repurchase Agreement (termination date must be 30 days or less), 6 Commercial paper that has a stated maturity of 270 days or less from the date of ~ssuance and ~s rated A-1 or P-1 or an eqmvalent rating by at least two nationally, recogmzed rating agenmes 7 a Public Fund Investment Pools w~th a weighted average maturity of 90 days or less The pool must be approved (by resolution) by the City Couned to provide servmes to the C~ty The pool must be eontmuously rated no lower than AAA or AAA-m or at an equivalent ratmg by at least one nationally reeogmzed rating servme A pubhe funds investment pool created to function as a money market mutual fund must mark to market dally and, stabilize at a $1 net asset value b To be ehglble to receive funds from and invest funds on behalf of an entity under th~s chapter, an investment pool must furmsh to the investment officer or other authorized representattve of the entity an offering e~rcular or other s~mtlar disclosure instrument that contains, at a minimum, the following mformatmn (1) the types of investments m which money ~s allowed to be mvested, Page 8 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 (2) the maximum average dollar-weighted maturity allowed, based on the stated maturity date, of the pool, (3) the maximum stated maturity date any investment security within the portfolio has, (4) the objectives of the pool, (5) the size of the pool, (6) the names of the members of the advisory board of the pool and the dates their terms expire, (7) the custodian bank that will safekeep the pool's assets, (8) whether the intent of the pool ~s to maintain a net asset value of one dollar and the risk of market price fluctuation, (9) whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment, (10) the name and address of the independent auditor of the pool, (11) the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and w~thdraw funds from the pool, and (12) the performance history of the pool, including yield, average dollar- weighted maturities, and expense ratios c To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity (1) investment transaction confirmanons, and (2) a monthly report that contains, at a minimum, the following mformat~on (A) the types and percentage breakdown of securities in which the pool is invested, (B) the current average dollar-weighted maturity, based on the stated maturities of the pool, (C) the current percentage of the pool's portfolio in investments that have stated maturities of more than one year, (D) the book value versus the market value of the pool's portfoho, using amortized cost valuatmn, (E) the size of the pool, (F) the number of partm~pants ~n the pool, (G) the custodian bank that is safekeeping the assets of the pool, (H) a listing of daily transaction activity of the entity participating in the pool, (I) the yield and expense ration of the pool, (J) the portfolio managers of the pool, and (K) any changes or addenda to the offering circular Page 9 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 8 An SEC-registered, no load money market mutual fund which has a dollar weighted average stated maturity of 90 days or less whose assets consist exclusively of the assets described m section B 1 and whose investment objectives includes the maintenance of a stable net asset value of $1 for each share Furthermore, ~t prowdes the C~ty w~th a prospectus and other ~nformat~on required by the SEC Act of 1934 or the Investment Adwsor Act of 1940 and which prowdes the City w~th a prospectus and other mformat~on required by the Securities Exchange Act of 1934 (15 USC Section 78a et Seq ) or the Investment Company Act of 1990 (15 USC Section 80a-1 et Seq ) 9 Other such securities or obhgatmns which are authorized by the Act as approved by C~ty Council upon recommendation of the Investment Committee C Proh~bttedlnvestments - The C~ty's authorized mvestment options are more restrictive than those allowed by State law Furthermore, th~s pohcy specifically prohibits ~nvestment ~n the tollow~ng investment securities Obhgatlons whose payment represents the coupon payments on the outstanding principal balance of the underlymg mortgage-backed security collateral and pays no principal 2 Obhgatmns whose payment represents the pnnc~pal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest 3 Collaterahzed mortgage obhgat~ons that have a stated final maturity date of greater than 10 years 4 Collaterahzed mortgage obhgat~ons the ~nterest rate of which ns determmned by an ~ndex that adjusts opposite to the changes ~n a market index D D~verstficatton - It ~s the pohcy of the City to d~versffy ~ts ~nvestment portfohos The dlverstficat~on will protect interest mcome from the volatility of ~nterest rates and the avoidance of undue concentration of assets in a specific maturity sector, therefore, portfoho maturities shall be staggered Securities shall also be selected and rewsed periodically by the Investment Committee In estabhshmg specific d~verslfieat~on strategies, the two (2) following general policies and constraints shall apply 1 Risk of market price volatd~ty shall be controlled through maturity d~vers~ficatlon and by eontrolhng unacceptable maturity extensions and a m~smatch of habfl~t~es and assets The maturity extenston will be controlled by hmlt~ng the weighted average maturity of the entire portfoho to 550 days All long-term maturities will be intended to cover long-term habdmes In addmon, five (5%) percent of the funds m the portfoho will be hqmd at all t~mes 2 The Investment Committee shall estabhsh strategies and gmdehnes for the percentage of the total portfoho that may be invested m U S Treasury Seeurmes, federal agency ~nstrumentaht~es, repurchase agreements, and ~nsured/collaterhzed certificates of deposit and other securities or obhgatmns The Investment Comm~ttae shall conduct a quarterly review of these guldehnes, and shall evaluate the probability of market and default risk m various ~nvestment sectors as part of ~ts considerations Page 10 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 3 Risk of principal loss in the portfoho as a whole shall be minimized by diversify~ng investment types according to the following limitations Ii, vestment Tv~e % of Portfoho · U S Treasury Notes/Balls 100% · U S Agencies & Instrumentalities 100% · State of Texas Obligations & Agencies 15% · Local Government Investment Pools 50% · Local Government Obligations (AA) 10% · Repurchase Agreements 25% · Certificates of Deposit 100% · U S Government Money Market Funds 50% By Institution Repurchase Agreements No more than 10% All Other No more than 40% Investment Pools No more than $10,000,000 E Security swaps may be considered as an investment option for the City A swap out of one instrument into another is acceptable to increase yield, realign for disbursement dates, extend or shorten maturity dates and improve market sector diversification Swaps may be lnmated by brokers/dealers who are on the City's approved hst A horizon analysis is ~equ~red for each swap provmg benefit to the City before the trade dec,sion is made, which will accompany the investment file for record keeping, F All investments (governments or bank C D 's) wdl be sohctted on a competmve basis with at least three (3) institutions The Investment Committee can approve exceptions on a case by case basis or on a general basis in the form of gmdehnes These guldehnes shall take into consideration the investment type maturity date, amount, and potential disruptiveness to the City's investment strategy The investment wdl be made w~th the broker/dealer offering the best yield/quality to the City The quotes may be accepted orally, ~n writing, electronically, or any combination of those methods G Axbitrage - Due to the bond issuance sizes of which the City ~ncurs on a regular basis, arbitrage should be addressed The Tax Reform Act of 1986 provided limitations restricting the City's investing of tax- exempt General Obhgat~on Bond proceeds and debt service income New arbitrage rebate prowsions reqmre that the Ctty compute earnings on investment from each ~ssue of bonds on an annual basis to determine tfa rebate ~s required To determine the C~ty's arbitrage posttxon, the C~ty xs required to perform specific calculations relative to the actual yield earned on the investment of the funds and the yield that could have been earned if the funds had been invested at a rate equal to the y~eld on the bonds sold by the City The rebate prowsion states that periodxcally (not less than once every five years, and not later than sixty days after maturity of the bonds), the City is required to pay the U S Treasury a rebate of excess earmngs based on the City being in a positive arbitrage position The Tax Reform Page 11 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE ' REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 I~StrlCtlons require extreme precision in the momtonng and recor&ng facets of investments as a whole, and particularly as relates to y~elds and computations so as to tnsure compliance l:mlure to comply can dmtate that the bonds become taxable, retroactively from the date of ISSUance The City's ~nvestment position relative to the new arbttrage restrictions ~s the contmued pursmt of maximizing yield on apphcable ~nvestments whde ~nsunng the safety of capital and hqul&ty It ~s a fiscally sound pos~t~on to continue max~mtzat~on of yaeld and rebate excess earmngs, ~f necessary VIII SELECTION OF BANKS AND DEALERS A Depository -Ctty Council shall, by ordinance, "select and destgnate one or more banking restitutions as the depository for the momes and funds of the C~ty" m accordance w~th the requlremant of Tex Loc Gov't Code ch 105 The bank shall be selected pnmardy on "solvency and stabd~ty' and secondly, on rate of interest available Fhe Director of F~scal Operations shall conduct a eomprehenstve rewew of prospecUve depositories cre&t characteristics and financml h~story Fhe bank shall be selected through a formahzed bidding process m response to the C~ty's request for proposal (RFP) outhnlng all services reqmred The Investment Commatee shall have the d~scretlon to determine the time span for reb~ddlng the banking serwces contract, however, a two year period wall be the mm~mum length of ttme between bidding with a 5 year maximum permd Banks and savings and loans associations seeking to estabhsh ehg~blhty for the C~ty's competitive certificate of deposit purchase program, shall submit financial statements, evidence of Federal insurance and other mformat~on as reqmred by the Director of Fiscal Operations B Investment Brokers/Dealers - The Investment Committee shall be responsible for adopting the hst of brokers and dealers of government securities Their select~on shall be among only primary government securities dealers that report d~rectly to the New York Federal Reserve Bank, unless a comprehensive credit and capltahzat~on analysis reveals that other firms are adequately financed to conduct public bus~ness The Investment Committee shall base its evaluation of security dealers and financial ~nst~tutlons upon Fmanclal con&tlons, strength and capabfitty to fulfill commitments, 2Overall reputation with other dealers or investors, 3Regulatory status of the dealer, 4Background and expertise of the m&vtdual representatives Page 12 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE l REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 ~1 he D~rector of Fiscal Operations shall conduct business w~th securmes dealers approved by the Investment Committee or with banks selected as outlined in VIII Furthermore, the committee must annually review th~s hst of quahfied brokers authorized to engage ~n investment transactions with the C~ty Investment Officers shall not conduct bus~ness with any firm with whom pubhc entitles have sustained losses on investments or whose name the Investment Committee has removed from an approved hst C Comphance - A qualified representative from any firm offering to engage in Investment transactions w~th the C~ty ~s reqmred to sign a written instrument This certifies that they have received and reviewed a written copy of the City's Investment Pohcy The firm must acknowledge that tt has implemented reasonable procedures and controls In an effort to preclude ~nvestments between the C~ty and the firm that are not authorized by the City's investment pohcy Approved brokers and dealers must complete Exhibit A and return n to the D~rector of Fiscal Operations The City's investment officer(s) may not transact busmess from a person who has not delivered the required written instrument to the City D Diversification - To guard agmnst default poss~Nlmes under these conditions, and to assure d~verslfieat~on of bidders, business with any one msuer, or investment broker, should be hm~ted to (40%) percent of the total portfolio at any point m t~me In th~s way, bankruptcy, receivership or legal action would not lmmobthze the C~ty's ablhty to meet payroll or other expenses IX PRINCIPAL PROTECTION AND SAFEKEEPING A All banks' and sawngs and loan assocmtlons' deposits and investments of City funds shall be secured by pledged collateral w~th a market value equal to no less than 102 percent of the pnnc~pal plus accrued ~nterest less an amount insured by FDIC or FSLIC Evidence of proper collaterallzation ~n the form of original safekeeping receipts held in instltnt~on's trust department or at a third party institution not affihated w~th the bank or bank holding company will be maintained In the office of the D~rector of Fiscal Operations all time The Assistant Ctty Manager of F~nance, Director of Fiscal Operations or other authorized City Representative will approve and release all pledged collateral Collateral will be reviewed monthly to assure the market value of the securities pledged exceeds investments and/or the related bank balances The Committee shall request additional collateral in the event they deem that their deposits and investments are not sufficiently protected by the pledged collateral B Safekeeping procedures shall be estabhshed by the Investment Committee which clearly define steps for galmng access to the Collateral should the C~ty determme that the C~ty's funds are ~n jeopardy Collateral safekeeping and substitution agreements will be a part of the procedure C Collateral Defined - The C~ty of Denton shall accept only the following securities as collateral 1 FDIC and FSLIC insurance coverage 2 Umted States Treasuries & Agencies Page 13 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 3 Other securities as approved by the Investment Committee D Dehvery vs Payment - All transactions will be executed with authorized security dealers and financial institutions on a dehvery-varsus-payment (DVP) basis That is, funds shall not be wired or paid until verification has been made that the Trustee received the collateral The collateral shall be held in the name of the City or held on behalf of the City The Trustee's records shall assure the notation of the City's ownership of or exphmt claim on the securities The original copy of all safekeeping receipts shall be delivered to the City Securities will be held by the City's safekeeping agent, which shall be selected through a competitive process (RFP) or that agent's representative in New York City, or m it's account at the Federal Reserve Bank E Subject to Autht - All collateral shall be subject to inspection and audit by the Director of Fiscal Operations, or designee, as well as, the City's independent auditors X MANAGEMENT AND INTERNAL CONTROLS The Director of Fiscal Operations, or designee, shall establish a system of internal controls, which shal1 be reviewed by an independent auditor The controls shall be designed to prevent losses of public funds arising from fraud, employee error, and misrepresentation by third patties, unaatlcipated changes m financial markets, or imprudent actions by employees or Investment Officers of the City Cor~trols and managerial emphasis deemed most ~mportant that shall be employed include the following Imperative Controls Custodian safekeeping receipts records management Avoidance of bearer-form securities Documentation of investment bidding events Written confirmation of telephone transactions Reconcflement's and comparisons of security receipts with the investment subsidiary records Compliance with investment policies Verification of all interest income and security purchase and sell computations Page 14 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 Controls Where Practical Control of Collusion Separation of duties Separatton of transaction authortty from Accounting and Record-keeping Clear delegatton of authority Accurate and t~mely reports Vahdatmn of ~nvestment maturity decisions with suppomng cash flow data Adequate trmmng and development of Investment Offimals Rewew of financml conditions of all brokers, dealers, and depository restitutions Staying ~nformed about market conditions, changes and trends that reqmre adjustments m ~nvestment strategies SO TIONNO ..,'¢"¢'7- A RESOLUTION APPROVING THE FISCAL YEAR 2000 BUDGET OF THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO TEX HEALTH & SAFETY CODE §772 309, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty Council of the City of Denton has been presented the 2000 Budget of the Donco Area 9-1-1 District for approval, in accordance with Tex Health & Safety Code §772 309 (Vernon 1999), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City Council of the City of Denton hereby approves the 2000 fiscal year budget of the Denco Area 9-1-1 Dlsmct S]~CTION 2 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ,~q/~---~ay of ~l~~ ) ,1999 ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 1999-2000 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the 1999-2000 proposed budget of the Denton Central Appraisal District was submitted to the City of Denton on June 11, 1999, and WHEREAS, the Denton Central Appraisal District adopted th~s proposed budget on June 24, 1999, and WHEREAS, the proposed budget cont~uns a list showing each proposed position, the proposed salary for the position, all benefits proposed for the posmon, 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 RESOLVES SECTION 1. That the C~ty Council, pursuant to Article 6 06 of the Texas Tax Code, approves the 1999-2000 budget adopted by the Denton Central Apprmsal D~stnct SI~CTION 2. That this resolution shall become effective ~mmedmtely upon its passage and approval (~J'SL~ ~~,, 1999 PASSED AND APPROVED this the -- day of ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED ASTO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ~~/~ RESOLUTION NO ~- 0~---O A SO TION STOFE SON TO OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY, AND DECLARING AN EFFECTIVE DATE WHEREAS, the term of office of Bill G~ese on the Board of Directors of the Texas Municipal Power Agency has expired, NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That pursuant to the terms and provisions of Ordinance No 75-22 of the City of Denton, Texas, Sandy Knstoferson is hereby appointed to a two year term of office on the Board of Directors of the Texas Mumclpal Power Agency, the term of office begmmng on July 31, 1999 and ending on July 30, 2001 SECTION 2 That tlus resolution shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED this the ~/ day of~)~;¢~ 1999 JA~ ATTEST JENNIFER WALTERS, CITY SECRETARY RESOLUTION No A RESOLUTION OF THE C T¥ COUNCIL OF THE C TY OF DEMON REQUES* N THE TEXAS MLTNICIPAL LEAGUE TO SUPPORT iNDEPENDENT SCHOOL DISTRICTS' EFFORTS TO EXPAND TEXAS LOCAL GOVERNMENT CODE SECTION 395 001 TO IN- CLUDE AUTHORITY FOR IMPLEMENTATION OF IMPACT FEES FOR SCHOOL FA- CILITIES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Texas Municipal Leagues holds an annual conference to discuss matters of importance to local governing bodies around the state, and WHEREAS, the Annual Conference is scheduled for November 17, 1999, in Dallas, and WHEREAS, Tex Loc Gov't Code §395 001 authorizes mtmmlpahtles to charge impact fees for such services as roads, water, sewer, storm sewer, and flood control facilities to assist in the rapid growth demand for services, and WHEREAS, states such as California, Maryland, Washington, Vermont, New Hamp- shire, and West Virginia authorize school impact fees, and WHEREAS, authorization of school impact fees m high growth communities across the state will provide needed revenue to build and sustain school systems that provide our children the education they will need to compete m a global economy, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES ~ That the City Cotmcll requests the Texas Municipal League to support the Independent School Districts' efforts to introduce and pass legislation winch would amend Tex Loc Gov't Code §395 001 to grant the authority for implementation of school impact fees in high growth commumtles SECTION 2. That the City Manager is authorized to forward a copy of tins resolution to Mr Frank Sturzl, Executive Director of the Texas Municipal League ~CTION 3 That tins resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ,~]~ day of ~~d~, 1999 JAC~ ATTEST JENNIFER WALTERS, CITY SECRETARY Page 2 RESOLUTION NO , qq-o a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUEST- ING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT MUNICIPALITIES' RIGHTS TO ASSESS IMPACT FEES FOR SERVICES SUCH AS ROADS, WATER AND WASTEWATER SERVICES, DRAINAGE UTILITIES, AND FLOOD CON- TROL FACILITIES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Texas Mumclpal Leagues holds an annual conference to discuss matters of importance to local governing bodies around the State, and WHEREAS, the Annual Conference is scheduled for November 17, 1999, m Dallas, and WHEREAS, the City of Denton is experiencing the challenges associated with rapid growth, and WHEREAS, the City of Denton, like so many mumclpalltles, has formulated a fi- nancial strategy to balance the costs of development between the existing tax rate, the utlhty rate base, and the development community, and WHEREAS, mumclpahtles are authorized to charge impact fees for such services as roads, water, sewer, wastewater services, dramage utlhtles, and flood control faclhtles to assist m the rapid growth demand for servmes, and WHEREAS, the City of Denton adopted impact fees for funding significant capi- tal lrnprovements necessary for water and wastewater infrastructure to meet the service needs ora rapidly growing area, and WHEREAS, if the development community is permitted to avoid the costs of in- frastructure, the existing customer base will inequitably be forced to provide the revenue to fund the required utthty services, in effect allowing developers to purchase less expen- sive property (because of the lack of utilities) while at the same time avoiding the costs associated with providing those utilities, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 That the City Council requests the Texas Municipal League oppose any legislation wluch would dlmlmsh or eliminate full cost recovery of infrastructure by mumclpalltles associated w~th development ~ SECTION 2 That the City Manager is authorized to forward a copy of this reso- lution to Mr Frank Sturzl, Executive Director of the Texas Municipal League P~el SECTION 3 That flus resolution shall become effective ~mmethately upon ~ts passage and approval PASSED AND APPROVED this theY'd/°~ day of~~, 1999 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY // APPR"OVED AS TO LEGAL FORM Page 2 RESOLUTION NO ,~ qq- ~'3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THAT THE TEXAS MUNICIPAL LEAGUE SUPPORT LEGISLATION DISCOURAGING WATER IDISTRICTS TO FORM WITHIN A CITY'S EXTRATERRITORIAL JURISDIC- TION AND TO REMOVE THE REQUIREMENT FORCING MUNICIPALITIES TO PUR- CHASE THE WATER DISTRICT'S ASSETS PRIOR TO ANNEXATION, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Texas Muntclpal League holds an annual conference to dascuss matters of importance to local governing bodies around the state, and WHEREAS, the Annual Conference is scheduled for November 17, 1999, in Dallas, and WHEREAS, mumclpalltles plan capital improvement programs ("CIP") based on future growth and demand projections within their extratemtonal jurisdiction ("ETJ"), and WHEREAS, if water districts are allowed to develop within cities' ETJ they adversely impact already financmlly committed CIP projects and interfere with cities' ability to efficiently provide public infrastructure and service to these customers in a systematic manner, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES S_.F,_C_.T.I.O_I~L~ That the City Council requests the Texas Mumclpal League support legis- lation discouraging water districts formation within a city's extraterritorial jtmsdmtlon and mu- mclpal boundaries, to remove reqmrements that munlcipahtles must purchase the water districts assets prior to annexation, and reqmnng prior notice and prior permission of the municipality before formation within a city's extratemtonal jurisdiction or city hmlts SECTION 2. That the City Manager is authorized to forward a copy of this resolution to Mr Frank Sturzl, Executive Director of the Texas Mumclpal League SIECTION 3 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ,--~JJ~ day of~~, 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY Page 2 DoCument A RESOLUTION NOMINATING MEMBERS TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the term of office for the Board of Directors of the Denton Central Appraisal, Dxstnct roll expire on December 31, 1999, and WHEREAS, the City of Denton, Texas wishes to nominate members to said Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES ~ That the City of Denton, Texas hereby nominates Bill Glese, Ernest McNefll, and Rtck Woolfolk as members to the Board of Directors of the Denton Central Appraisal D~stnct for two year terms to commence January 1, 2000 SECTION 2 That this resolution shall become effective immediately upon ~ts passage and approval ~ ~~ ,1999 PASSED AND APPROVED flus the day of JACK i ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY,~ITY A~RNEY RESOLUTION NO ff~-~,~-.~'- A RESOLUTION OF THE CITY OF DENTON, TEXAS, ACCEPTING THE SUM OF $1,000 FROM WINDLE FAMILY PARTNERS, LTD AND MICHAEL C RAMOS IN CONSIDERATION FOR ENTERING INTO EXCLUSIVE NEGOTIATIONS FOR A PERIOD OF ONE HUNDRED EIGHTY (180) DAYS RELATING TO THE POSSIBLE LEASE OF AIRPORT PROPERTY IN THE VICINITY OF THE EXISTING WINDLE HANGAR LEASE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That ~n conmderat~on for the receipt of Check Number 1089 ~n the amount of $1,000 by Wmdle Family Partners, Ltd (Payor) payable to the C~ty of Denton, the City agrees to enter ~nto excluswe negntiat~ons for a period of one hundred eighty (180) days with Payor and Michael C Ramos relating to the posmble lease of Denton A~rport property measunng 450 feet by 720 feet m the v~clmty of the ex~stlng W~ndle hangar lease and more particularly descnbed m the letter of September 8, 1999 from M~chael C Ramos to the attention of L~nda Rathff, which ~s attached hereto and made a part hereof for all purposes ~ That th~s resolution and the negot, aUon period shall commence effectwe immediately upon the passage and approval of tins resolution PASSED AND APPROVED thls the /~_L~ dayof ~~ .,1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Michael C. Ramos P O. Box 427 Denton, TX 76202 September 8, 1999 Linde Rathff Director of Econonuc Development City of Denton 215 E McFanney Denton, Texas 76201 Dear Ms Rathff Wmdle Farmly Partners, Ltd and I (or our assigns) desire to lease certmn airport property from the City of Denton, the prope~y is a 450' x 720' tract bordered on the west by Sky Lane, on the south by John CalTell, on the east by W Court, and on the north by the leasehold of Avaomcs International(the"Property") A diagram of the Property is attached hereto as Exhibit "A' We would hke to enter rote exclusive negotiations w~th the City for the lease of the Property We propose that the City accept the sum of $1,000 00 to enter into such exclusive negotiations for a one hundred eighty (180) day penod, and a check for th~s amount is enclosed Th~s amount would be nonrefundable to us ffthe parties are engaged m good faith negntlatlons at the expiration ofthe one hundred eighty (180) day per;od, the exclusivity period could be extended for an additional period satisfactory to all parties If the foregoing is acceptable to the City of Denton, please have an anthonzed City official sign flus letter and return it to me assistance in tbas matter .. Thank you for your Name tq~.chaelt 1~ ~zl Title . City cc Mark Nelson 5000 A~rport Road Denton, Texas 76207 EXHIBIT "A" IMUNICIPAM AIRPORT JOHN CARnEt L 1089 WINDLE FAMILY FARTNERS, LTD DENTON, ~ 76201 PAY TO THE ,. ' .. , '1 S \Our Documen~,~solut~ons\99\North Texas Higher Education Authority doc A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, AND DECLARING AN EFFECTIVE DATE WHEREAS, the term of office for Places 6, and 8 on the Board of Dtrectors of the North Texas Higher Education Authority, Ine have expired, and WHEREAS, the Board has nominated Dr L~ndsey Keffer - Place 6 and Mr W Jay Anderson - Place 8 on the Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 That Dr Lmdsey Keffer m hereby reappmnted to Place 6 on the Board of Directors of the North Texas H~gh~ Education Authority, Inc for a term commencing October 1, 1999 and continuing through September 30, 2001 ~ That Mr W Jay Anderson is hereby reappointed to Place 8 on the Board of D~rectors of the North Texas Higher Education Authority, Inc for a term commencing October 1, 1999 and continuing through September 30, 2001 SECTION 3 That this resolution shall become effective ~mmed~ately upon its passage and approval P,SSED PROVEDthlsthe Savor ,1999 ATTEST, JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY A RESOLUTION OF THE CITY OF DENTON, TEXAS CALLiNG A PUBLIC HEARING TO CONSIDER ESTABLISHiNG A REINVESTMENT ZONE II FOR THE PETERBILT MOTORS COMPANY, RATIFYING PRIOR ACTIONS, AND DECLARING AN EFFECTIVE DATE WHEREAS, the City has previous to the passage of this resolution re-estabhshed its Tax Abatement Policy by adopting gmdelmes and criteria governing tax abatement agreements in accordance with Tex Tax Code ch 312, and has declared that it elects to become eligible to partmlpate in tax abatement, and WHEREAS, the City finds that it is in the public interest to call a public heanng to consider the creation of a relnvestment zone for tax abatement purposes for the purpose of offenng a tax abatement to Peterbilt Motors Company, a division of PACCAR, Inc in accordance with Tex Tax Code §312 201, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1. That the City Council hereby calls a public heanng and the City Manager ~s hereby authorized to give notice of a public heanng for the estabhshment of a remvestment zone (Remvestment Zone II), compnsed of the property located on approximately 100 acres of land near Airport Road and Interstate 35W w~thm the corporate hmlts of the C~ty of Denton as more fully described in the attached Exhibit "A," for the purpose of entenng ~nto a tax abatement agreement with Peterbilt Motors Company for a project to be developed within a 100-acre tract of land wltlun this Remvestment Zone and other eligible projects under the City's Tax Abateme~at Policy, which Exhibit "A" is made a part of ti'ns resolution for all purposes as ~f written word for word herein At the heanng, the City Council will determine whether the lmproveraents sought are feasible and practical and would be a benefit to the land to be included in the Zone and to the City after expirat~on of any tax abatement agreement entered into under Tex Tax Code ch 312 Notice of the pubhc heanng will be substantially in the form of the attached Exhibit "A," which exhibit is made a part of th~s resolutmn as if written word for word herein The public heanng will take place on the 16th day of November, 1999 at 6 00 p m in the City Council Chambers at City Hall at 215 E MclQuney, Denton, Texas 76201, but not until at least sev~n days after notice of flus public heanng has been published in the Denton Record- Chrontcl¢, a newspaper having general c~rculatlon within the City, and specific notmes are delivered m writing to the presiding officer of the Board of Trustees of the Denton Independent School District, the Commissioners Court of Denton County, and to other taxing units, ~f any, that ~nclude in their boundaries the real property described m the attached Exhibit "A" ~n accordance wtth Tex Tax Code §312 201 All prior actions of the City Manager, the D~rector of Economic Development, the City Attorney, and their staffs in providing the required notice are hereby ratified and approved SECTION 2. That this resolution shall become effective immediately upon ItS passage anc~ ~ap, p, roval at a regular ~eet~ng of the City Cotmcfl of the City of Denton, Texas on this the /6/'~z7 day of ~(J~2t/~0~ ,1999, at which meeting a quorum was present and the meeting was held in accordance with the provisions ofTex Gov't Code §551 001, et seq ~^ss~ ~ov~t~ /~d~yo~ ~ , 1~ JAC~I~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY Page 2 EXHIBIT "A" NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS WILL HOLD A PUBLIC HEARING TO ALLOW INTERESTED PERSONS TO SPEAK AND PRESENT EVIDENCE FOR OR AGAINST THE ESTABLISHMENT OF REINVESTMENT ZONE II FOR COMMERCIAL AND INDUSTRIAL TAX ABATEMENT PURPOSES. THE PURPOSE OF THE ZONE IS TO ATTRACT THE PETERBILT MOTORS COMPANY PROJECT AND SIMILAR INDUSTRIAL AND COMMERCIAL BUSINESS ENTERPRISES TO THE CITY OF DENTON, CREATE JOBS, EXPAND THE LOCAL TAX BASE, AND TO ATTRACT MAJOR INVESTMENT IN THE ZONE THAT WOULD BE A BENEFIT TO THE PROPERTY AND THAT WOULD CONTRIBUTE TO THE ECONOMIC DEVELOPMENT OF THE CITY. THE PROPOSE OF THE HEARING WILL BE TO DETERMINE WHETHER THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND INCLUDED IN THE ZONE AND TO THE CITY AFTER EXPIRATION OF THE TAX ABATEMENT AGREEMENT UNDER CHAPTER 312 OF THE TAX CODE ALL INTERESTED PARTIES, INCLUDING RESIDENTS OF THE PROPOSED ZONE, ARE ENCOURAGED TO PRESENT THEIR VIEWS AT THE HEARING. THE PUBLIC HEARING WILL BE HELD ON NOVEMBER 16, 1999 AT 6 00 PM IN THE CITY COUNCIL CHAMBERS AT CITY HALL AT 215 EAST MCKINNEY STREET, DENTON, TEXAS REINVESTMENT ZONE II WILL BE COMPOSED OF APPROXIMATELY 100 ACRES OF LAND OUT OF THE JOHN DAVIS SURVEY, ABSTRACT 326, JAMES PERRY SURVEY, ABSTRACT 1040, AND EUGENE PUCHALSKI SURVEY, ABSTRACT 996, DENTON COUNTY, TEXAS, THE REINVESTMENT ZONE IS MORE PARTICULARLY DESCRIBED AS FOLLOWS ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE JOHN DAVIS SURVEY, ABSTRACT NO. 326, THE JAMES PERRY SURVEY, ABSTRACT NO. 1040, AND THE EUGENE PUCHALSKI SURVEY, ABSTRACT NO 99~i, DENTON COUNTY, TEXAS, AND BEING ALL OF LOT 1~ BLOCK A, PETERBILT ADDITION, AN ADDITION TO THE CITY AND COUNTY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET H, PAGE 195 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND DESCRIBED IN A DEED TO SUDERMAN AND YOUNG TOWING COMPANY, INC, AS RECORDED IN VOLUME 1271, PAGE 759 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PETERBILT ADDITION, ON THE NORTH RIGHT-OF-WAY OF F M ROAD 1515 (AIRPORT ROAD), SAME BEING THE SOUTHEAST CORNER OF LOT 1, BLOCK 1 OF WESTPARK, AN ADDITION TO THE CITY AND COUNTY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET C, PAGE 127 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, THENCE NORTH 01° 29* 40" EAST WITH THE WEST LINE OF SAID PETERBILT ADDITION AND THE EAST LINE OF SAID WESTPARK, A DISTANCE Page 2 OF 2075.19 FEET TO A POINT FOR CORNER AT THE NORTHWEST CORNER OF SAID PETERBILT ADDITION AND THE NORTHEAST CORNER OF SAID WESTPARK, SAME BEING ON THE SOUTH LINE OF SAID SUDERMAN AND YOUNG TOWING COMPANY, INC, TRACT; THENCE NORTH 01° 30' 25" EAST, A DISTANCE OF 508 10 FEET TO A POINT FOR CORNER, THENCE SOUTH 88° 30' 20" EAST, A DISTANCE OF 1678 31 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT, THENCE WITH SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 90° 00' 31", A RADIUS OF 40.00 FEET, AN ARC LENGTH OF 62 89 FEET, A CHORD WHICH BEARS SOUTH 43° 30' 04" EAST, A DISTANCE OF 56.62 FEET TO A POINT FOR CORNER; THENCE SOUTH 01° 29' 20" WEST, A DISTANCE OF 468.06 FEET TO A POINT FOR CORNER AT THE NORTHEAST CORNER OF SAID PETERBILT ADDITION, ON THE SOUTH LINE OF SAID SUDERMAN AND YOUNG TOWING COMPANY, INC., TRACT, THENCE SOUTH 01° 29' 40" WEST WITH THE EAST LINE OF SAID PETERBILT ADDITION AND THE WEST RIGHT-OF-WAY OF PRECISION DRIVE, A DISTANCE OF 952 13 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE LEFT, THENCE WITH THE WEST RIGHT-OF-WAY OF PRECISION DRIVE AND THE EAST LINE OF SAID PETERBILT ADDITION WITH SAID CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 41° 40' 00", A RADIUS OF 397 82, AN ARC Page 3 LENGTH OF 289.30, A CHORD WHICH BEARS SOUTH 19° 20' 20" EAST A DISTANCE OF 282.97 FEET TO A POINT FOR CORNER, THENCE SOUTH 40° 10' 20" EAST WITH THE EAST LINE OF SAID PETERBILT ADDITION AND THE WEST RIGHT-OF-WAY OF PRECISION DRIVE, A DISTANCE OF 41.60 FEET TO A POINT FOR CORNER AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515 AND THE WEST RIGHT-OF- WAY OF PRECISION DRIVE, SAME BEING THE SOUTHEAST CORNER OF SAID PETERBILT ADDITION, AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE WITH THE NORTH RIGHT-OF-WAY OF F M ROAD 1515 AND SAID CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 27° 38' 04", A RADIUS OF 617.96 FEET, AN ARC LENGTH OF 298.05 FEET, A CHORD WHICH BEARS SOUTH 32° 50' 01" WEST A DISTANCE OF 295 17 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT, THENCE SOUTH 19° 01' 00" WEST WITH THE SOUTH LINE OF SAID PETERBILT ADDITION AND THE NORTH RIGHT-OF-WAY OF F M. ROAD 1515, A DISTANCE OF 207 60 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH THE NORTH RIGHT-OF-WAY OF F.M ROAD 1515 AND THE SOUTH LINE OF SAID PETERBILT ADDITION, WITH SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 72° 03' 00", A RADIUS OF 527 96 FEET, AN ARC LENGTH OF 663 92 FEET AND A CHORD WHICH BEARS SOUTH 55° 02' 30" WEST A DISTANCE OF 621.03 FEET TO A POINT FOR CORNER, Page 4 THENCE NORTH 88° 56' 00" WEST WITH THE SOUTH LINE OF SAID PETERBILT ADDITION AND THE NORTH RIGHT-OF-WAY OF F M ROAD 1515, A DISTANCE OF 1131.28 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 100.04 ACRES OF LAND. Page 5 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM UNRESERVED RETAINED EARNINGS OF VARIOUS ELECTRIC, WATER, AND WASTEWATER FUNDS WITH REVENUE BONDS SO THAT VARIOUS PROJECTS APPROVED IN THE 1999-2000 CAPITAL IMPROVEMENT PROGRAM BUDGET MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS RESOLUTION MAY BE COMMENCED, AND PROVIDING AN EFFECTIVE DATE W~-IEREAS, the Ctty of Denton (the "Issuer") ~s a mtm~clpal corporation/political subdivision of the State of Texas, and WHEREAS, the Issuer expects to pay expenditures an connection w~th the design, plannmg, and construction of the respective Total Electric Capital Improvement Program ("CIP") project requirements, Total Water CIP project reqmrements, and Total Wastewater CIP project requarements all prewously approved in the 1999-2000 CIP budget and as more fully described, m Attachment "A" hereto (the "Projects"), which Attachment "A" ~s attached hereto and made a part of this resolution for all purposes, prior to the issuance of obhgatlons to finance the Projects, and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent w~th the lawful objectives of the Issuer and, as such, chooses to declare ~ts ~ntentlon, in accordance w~th the prowsIons of Section 1 150-2 Treasury Regulations, to reimburse ~tself for such payments at such time as it issues the obligations to finance the Projects, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the Issuer reasonably expects to mcur debt, as one or more series of obhgat~ons, with an aggregate maximum pnnc~pal amount equal to $16,138,000 for the purpose of paying the costs of the Projects, as set forth in the attached Attachment "A" TI~ That all costs to be reimbursed pursuant hereto will be for design and construction of capttal improvements No taxlexempt obhgat~ons will be ~ssued by the Issuer m furtherance of this resolution after a date which as later than 18 months after the later of (1) the date the expendttures are paid, or (2) the date on which the property, with respect to which such expenditures were made, ~s placed m service That all amounts expended from the CIP accounts set forth in Attachment "A" to pay any costs of the Projects shall be reimbursed from revenue bond proceeds within the 1999-2000 fiscal year ~ That the foregoang notw~thstanding, no tax-exempt obhgat~on will be ~ssued pursuant to this resolution more than three years after the date any expenditure which ~s to be reimbursed ~s pa~d .~ That th~s resolution shall become effective immediately upon its passage and approval JA~"fLL~.R, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY Page 2 ATTACHMENT A CIP # CIP Pr~ect Cost 00-1031-01 Services (pnmary hnes/secondary mmn feeds) $ 800,000 00-1031-02 Feeders & Extensions 1,174,000 00-1031-06 Overhead/Undergrotmd Conversions 325,000 00-1032-02 Land Purchase for New Substation (West) Phase 1 50,000 Total Electric CIP ProJect Requirements $2,349,000 CIP # CIP Pr~ect Cost 99-460-06 Variable Frequency Drive - Lake Pump Statton $ 200,000 99-460-08 Replace SCADA System 175,000 99-460-09 2 MG Elevated Storage Tank (property purchase) 250,000 99-460-A01 Ray Roberts WTP & Raw Water Facilities 215,000 00-460-A01 Ray Roberts WTP & Raw Water Facilities 585,000 99-460-A03 Booster Station & System T~e In 70,000 00-460-A03 Booster Station & System T~e In 1,245,000 00-460-05 D~stnbutlon Control Upgrade Plant Filters 200,000 00-460-09 2 MG Elevated Storage Tank (design) 250,000 00-460-K10 1 MG Elevated Storage - Upper Plane 890,000 00-461-01 Oversize Waterlines 100,000 00-461 - 13 Lflhan Miller/FM 2181 Water Line 1,100,000 00-461-J12 Dlsmbut~on System Upgrade - Bernard 859,000 00-461-K09 State H~ghway 77 Relocation 1.150.000 Total Water CIP ProJect Reqmrements $7,289,000 CIP Project GQ~ 00-470-J08 WWTP Upgrade - 21 MGD $1,715,000 00-470-06 Land Purchase 2,500,000 00-471-01 Oversize Sewer L~nes 85,000 00-471-05 I&I Correction - M~ddle Pecan Creek 150,000 00-471-I05 I&I Correction - Western Pecan Creek 700,000 00-471-K10 State Highway 77 Reloeatmn (Hwy 380 to 1-35) 350,000 00-471-13 Graveyard Branch Interceptor 1.000.000 Total Wastewater CIP Project Reqmrements $6,500,000 N Jt Bo ument RESOLUTION NO A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES ~ That the City Cotmefl of the City of Denton, Texas, hereby casts 173 votes for Rick Wolfolk for membership to the Board of Directors of the Denton Central Appraisal D~stnct for the County of Denton, Texas ~ That this resolution shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED this the ~.__c, day of /[///~//g/)/~/~ff- , 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY F ~shared~dept\~GL\Our Docurr~nts\Rcsolut~ons\99~Appralsal Review Board doc RESOLUTION NO ~qq-/~t9 A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the term of office for various Appraisal Review Board members of the Denton Central Apprmsal District will expire on December 31, 1999, and WHEREAS, the City of Denton, Texas w~shes to nominate members to smd Board, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES ~ That the C~ty of, Denton, Texas hereby nominates Barry G K~ng, JA H~nsely, and Larry T Wilson as members to the Apprmsal Rewew Board of the Denton Central Apprmsal D~stnet SECTION 2 That this resolution shall become effective lmmedmtely upon ~ts passage and approval PASSED ~ ~PROVED th,sthe,~ day of A/~t/~'~tr" , 1999 ATTEST' JENNIFER WALTERS, CITY SECRETARY RESOLUTION NO~-~/ A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF DENTON, TEXAS APPROVING THE SUBLEASE OF FIXED BASED OPERATIONS FUNCTIONS OF EZELL AVIATION, INC AT THE DENTON MUNICIPAL AIRPORT TO MEDALLION FLIGHT GROUP, INC, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on May 6, 1997, the City of Denton, Texas, leased arport property to Ezell Aviation, Inc (Ezell), and WHEREAS, Ezell wishes to sublease the pomon of its lease relating to Fixed Based Operations (FBO) functions to Medalhon Fhght Group, Inc (Medallion), and WHEREAS, Ezell m rcqmred under Section VI entitled "Assignment of Lease" of its lease w~th City to obtain written consent of thc C~ty for any sublease, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the C~ty of Denton gives its written consent to Ezell Aviation, Inc to sublease it Fixed Based Operations Functions under its May 6, 1997 lease to Mcdathon Flight Group, Inc subject to th~s consent not relieving Ezell or Medallion, or their successors or assigns from compliance with the terms and conditions of this lease SECTION 2 That consent to th~s sublease is subject to and shall be considered valid only for so long as sublessee does not store wrecked or permanently disabled aircraf[, aircraft parts, automobiles or vehicles of any type, or any other equipment or items which would detract from the appearance of the leased premises, outside of its hangar or fenced and screened areas SECTION 3 That th~s resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ~-- day of /~///?/TJ~F' ,1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 STATE OF TEXAS § COUNTY OF DENTON § SUBLEASE AGREEMENT FOR FIXED BASE OPERATOR THIS SUBLEASE AGR.E~ (the "Agreement" orthe "Lease") made and entered into by and between Ezell Awation, Incorporated, P O Box 1793, Breckenndge, Texas 76424 (her~nafvm refe~ed to as "Landlord") and Medallion Flight Group, Inc (hereinafter referred to as '~renant") WITNESSETH: Landlord hereby leases to Tenant, and Tenant hereby takes from Landlord, the follov~ng descnbed prennses (hereinafter referred to as the "denused prennses" or the "leased premises") situated within the County of Denton, State of Texas, as described m Exhibit "A" attached hereto and made a part hereof TO HAVE AND TO HOLD the same for an lmtlal term of two (2) years (the "Imt~al Term"), bern§ twenty-four (24) months, begummg on November 1, 1999 (the"Commencement Date") and ending on October 31, 2001 (the "Evdmg Date") Prowdad that Tenant m not m default, Tenant shall have an option to lease the leased premises for an additional five (5) year term (the "Option Term"), ~f Tenant g~ves Landlord written noUco of ~ts exercise of flus option at least mnety (90) days prior to Bndmg Date Tins Sublease Agreement Is subJeCt to and contingent upon the approval of same by the Cxty of Denton, Texas Tenant shall pay Landlord rent m the total amount of $126,000 00 dunng the Imtial Term as follows The sum of$4,500 00 on November 1, 1999, and a lcke sum of$4,500 00 on the first day of each succeedm§ month through April 1, 2000, thereafter, commencing May 1, 2000, the sum of $5,500 00 and a hke payment of $5,500 00 on the first day of each succeechng month until the total sum of $126,000 00 has been pard m full Terms, pro~nmons, covenants, agreements, rent and conchtions for the Option Teilil will be as landlord and Tenant may mul~mlly agree, and fmhng mutual agreement, there shall be no Option Term If Tenant finis to pay any installment of monthly rent wltlun five ($) days after the same becomes due and payable, Tenant shall pay to Landlord a late charge of $100 00, and such late charge shall conshtute addmonal rent due and payable to Landlord by Tenant Notwithstanding anything contained hereto to thc contrary, Landlord shall have the option to exercise any and all rights and remechas pro,haled by law, and such to be cumulative, ~f Tenant C \OATA\DOCS\CLIENTS~Ki~patfl~k\LeaSe Agreement wpd Page 1 shall fail to pay any installment of monthly rent, or any adcht~onal rent, w~thm five (5) days after the installment of monthly rent becomes duo and payable 1 PERMITTED USE OF PREMISES The demised prermses shall be used and occupied only for the purpose of a fixed base operator prenuses and not otherwise 2 COVENANTS OF TENANT AND LANDLORD (A) Covenants of Tenant O) Tenant may not use and may not penmt the use o f the leased prermses tn any manner that results in waste of the leased premises or that constamtes a nuasance Tenant shall comply with all federal and state laws and regulations govermng the storage, handling, or disposal of chemicals and chemical residue Tenant may not use all or any part o£the leased premases for any use or purpose that violates any applicable law, regulation, or ordinance of the Umted States, the State o£ Texas, the City o£Denton, or other lawful authority with jurisdiction over the leased premises 0v) Tenant shall, at Tenant' s sole expense, promptly comply w~th all such laws, regulations, or ordinances winch are now m effect or winch may become effective dunng the lease term (v) Tenant agrees to comply with the terms and conditions an, and shall have all nghts and pnwleges of tho Lessee under, Article I (B), Article Ui (A)(2) and (3), Article X and Article XII of that certain Airport Lease Agreement by and between tho City of Denton, Texas and Ezell Aviation dated May 6, 1997 (the "Master Lease"), winch Master Lease is incorporated herein by reference (I3) Covenants of Landlord (0 To the best of its knowledge and belief, Landlord says that as of the Commencement Date (a) the leased premises shall comply w~th all federal and state enwronmental laws and regulations, including, but not hrmted to, the Comprehensive Environmental Response, C ~DATA~iK)CS~t.lENTSXKIrk~oab'tck\Lease Agreement ~d Page 2 Compensataon and Lmbflity Act ("CERCLA"), 42 U S C §§ 9601, et seq, the Federal Clean Att Act and all amendments thereto and the Texas Clean A~r Act, Chapter 382 of the Texas Health & Safety Code, and 0a) the leased premises shall not be used for any purpose that wolates any apphcable law, regulation, or ordinance of the Umted States, the State of Texas, the City of Denton, any other lawful authority wath junschctton over the leased prermses, and the Master Lease Landlord shall pay all personal pwperty taxes assessed against fixtures, eqmpment, and furmshm, gs owned by Landlord Tenant shall pay all personal pwperty taxes assessed agmnst fixtures, cqmpment, and funushmgs owned by Tenant 4 MAINTENANCE BY LANDLORD (A) Landlord shall, at its sole cost and expense, be responsible for all capital replacements and repatrs of the roof, foundatton, and exterior walls of the leased prermses, whtch need for repair, upkeep, and maintenance occurred w~thout neghgence or fault on the part of Tenant Landlord shall further, at its sole cost and expense, be responsible for the major mmntenance and repair of the fuel farm, provided that the need for such repair, upkeep and maintenance occurred v, athout neghgence or fault on the part of Tenant (B) To the best of its knowledge and behef, Landlord says that at the connnencement of the lease term, the plumbing, electrical system and exterior doom, heating system, and att conditioning eqmpment are m good operating concht~on and shall comply wuth all apphcable city code prowmons 5 ~VlAINTENANCE BY TENANT (A) Tenant shall, at its sole cost and exp..sc, be responsthle for all repmm, upkeep and maintenance of the leased prermses except 0) those reqmred of Landlord in paragraph 4(A) above, and (it) the routine cost and expense ofropatr, upkeep and maintenance of the fuel farm (B) Tenant shall, throughout the lease traii~, take good care of the leased prenuses, shall keep them free f~om waste or nmsance and, shall perform maintenance and repairs reqmred of it hereunder At the expirat~on or tocffanation of this lease, Tenant shall dehver up the demised prermses clean and free of trash and tn good repair and contht~on (C) In the event Tenant shall fail to maintain the dermsed prermses m accordance with this Paragraph 5, Landlord shall have the right (but not the obhgaUon) to cause all repmrs or C; \DATA\DOCS\CLiENI'$\Klrk!oai~ck\L~ass A~momont v~d, Pai}s 3 other maintenance to be made, and the reasonable costs therefor expanded by Landlord shall be rcunbursed by Tenant on demand Tenant shall not place or affix any signs or other objects upon or to the roof or ~tenor walls of the dermsad prcrmses wathout Landlord's consent or pant or otherwise deface the exterior walls of the demised premises m wolat~on of the Master Lease 7 LANDLORD'S RIGHT OF ENTRY Landlord and its anthonzed agents shall have thc right, dunng normal busmess hours, to enter the demised premises (a) to respect the general condition and state of repatr thereof, (b) to make repairs rerlULred or pernutted under ttns lease, (c) to show thc prcrmses to any prospective tenant or purchaser, or (d) for any other reasonable purpose Tenant shall pay the cost of all utility serwces, garbage removal, all charges for gas, water, and electricity used on thc demtsed premises, and for all electric lights, lamps, and tubes apphcable to Tenant's slgnage 9 ASgIGNMENT AND SUBLEASING Tenant shall not, vcnthout the prior written consent of Landlord, assign tlus lease or sublet the d~msed prermsas of any posen thereof Any assignment or suble~ang shall be expressly subject to all tca~c~s and prowmons ofth~s lease Tenant shall not assign its rights hereunder or sublet the pre.uses w~thout 15rst obtaining a written agreement from assignee or subleasee whereby assignee or sublessee agrees to be bound by the terms of this lease 10 ~iRE AIqD CASUALTY DAMAC~ (A) If the d~msed pmmses should be damaged or destroyed by fire, tornado, or other casualty, T~t shall g~ve lmmedmte written notice thereof to Landlord (B) If the dermsad prennses sbould be substan~aallY or totally destroyed by fire, tornado, or other casualty, this lease shall lmmedmt¢ly terminate and rent shall bo abated for the unexp~re.d portion of this lease 11 INDEMlqITY AlqD PUBLIC LIABILITY INSURANCE hablht~' lns~ll~l.tlce covcnn§ Landlord and Tenant tot llaolll~'~ mr propcr~y o~,,~,,s,, ,-,- r C ~DATA',DOGS\CL~ENT$\KirRpatflck\LeaSe Agreement wpd, Page m3ury Tbas insurance is to be carried by one or more insurance compames duly authonzed to transact busmass m Texas, selected by Tenant and approved by Landlord, and shall be paid for solely by Tenant The insurance pmwded under tlus section must be m the amount of not less than One M~lhon and 00/100 Dollars ($1,000,000) per occurrence and One Mllhon and 00/100 Dollars ($1,000,000) for persorml mjury Th~s insurance shall protect Landlord and Tenant agmnst habthtY to any employees or servants of Tenant and to any other person or persons whose property damage or personal injury ansas out of or m connection voth the occupaUon, use, or conthtion of the leased prennsea (B) Tenant must funush Landlord a certificate of all insurance reqmred by tins Paragraph 11 If Tenant does not keep tins insurance in full force and effect, Landlord may notify Tenant of tins fmlure, and If Tenant does not deliver to Landlord cemficates showing such insurance to be m full force and effect w~thul ten (10) days after this notice, Landlord may, at its option, take out or pay the prermum on the insurance needed to fulfill Tenant's obhgations under this Paragraph 11 Upon Landlord's demand, Tenant must reimburse Landlord the full amount of any insurance premiums paid by Landlord under flus paragraph Tenant's fmlure to do so shall be an event of default by Tenant (C) Save and except for any loss, damage, cost, or injury caused by or arising out of Landlord's negligence or willful rmsconduct, Landlord is not hable for any loss, damage, cost, or injury of any kind whatsoever to any person or property (O caused by, arising fi.om, or related to any use of the leased premises (or any part thereof), or (lO caused by, relating to, or arising from any release of hazardous substances or air contaminants m, on, or around the leased premises, or (uO caused by, relating to, or arising fi.om any act or ormsslon of Tenant, or any act or omission of any of Tenant's agents, employees, hcensees, or mwteas, or (v) brought about by Tenant's failure to mmntam the leased premises m safe condition 12 AIl compensation awarded for any talong (or the proceeds of private sale in lieu thereof) of the leased premises shall be the property of Landlord, and Tenant hereby assigns its interest in any such award to Landlord, prowded, however, Landlord shall have no interest in any award made to Tenant for Tenant's mowng and relocation expenses or for the loss of Tenant's fixtures and other tangible personal property ifa separate award for such items is made to Tenant 13 ROL I i3ZY Should Tenant or any of its successors in interest fall to surrender the demised premises or any part thereof on the expiration of the t~m~ of flus lease, such holding over shall constitute a tenancy from month to month at the monthly rental of $6,000 00 per month C \DATA~:)OCS\CLIENTS\KirApatrtck\Lease Agreement wpd, Page 5 14 DEFAULT BY TENANT In the event that Tenant's creditors shall force Tenant into ~nvoluntary bankruptcy, or that Tenant shall file a voluntary petition m bankruptcy, or other proceedings m bankruptcy shall be ~nsututed, or any court shall take junschct~on of Tenant and ~ts assets pursuant to proceedings brought under the provisions of any Federal Reorgamzat~on Act, or Tenant shall be divested of tts estate herein by other operation of faw, or Tenant shall fml to perform, keep and observe any of the terms, covenants, or condtt~ons herein contmned, or on its part to be performed, the Landlord may g~ve Tenant written not~ce to correct such condltmn or cure such default and, if any condition of default shall continue for ten (10) days after the receipt of such notice by Tenant, Landlord shall have all of the rights and remedies pwwded by law, and such rights and remeches shall be cumulative 15 ~,ANDLORD'S DEFAULT AND TENANT'S REMEDIES In the event of Landlord's default hereunder, Tenant shall have all of the rights and remeches provided by law, and such rights and remedies shall be cumulative If, on account of any breach or default by Landlord or Tenant of tbo~r respective obhgat~onS under th~s lease, it shall become necessary for the other to employ an attorney to enforce or defend any of~ts rights or remeches hereunder, and should such party prevml, it shall be entitled to any reasonable attorneys' fees recurred m such connection 17 ~ Landlord warrants that tt has full nghts and power to execute and perform flus lease and to grant the estate dermsed harem and that Tenant, on payment of the rent and performing the covenants hereto contained, shall peaceably and qmetly have, hold, and enjoy the dermsed prermses dunng the full term of flus lease and any extension or renewal hereof 18 WAIVER OF DEFAULT No wmver by the pames hereto of any default or breach of any term, condition, or covenant of tins lease shall be deemed to be a wmver of any subsequent default or breach of the same or any other term, condition, or covenant contained hereto 19 EOgC~MA~UE~ In the event performance by Landlord or Tenant of any tvLm, condition, or covenant m flus lease ~s delayed or prevented by any Act of God, stnke, lockout, shortage of matenal or labor, G \DATA\DOCS\CLI[~NTS~tkpaiflck~Lsass ~menmnt.w0d Fags S resmction by any governmental authonty, civil not, flood, and any other cause not wtthm the control of Landlord or Tenant, the period for performance of such term, conthtion, or covenant shall be extended for a period equal to the period Landlord or Tenant ~s so delayed or lundered 2O All extnbtts, attachments, annexed mstrutnents, and addenda referred to herren shall be conmderod a part hereof for all purposes vnth the same force and effect as ff copied at full length herein 21 Words of any gender used m tlus lease shall be held and construed to ~nclude any other gender, and words m the smgular shall be held to include the plural, unless the context otherwise requires 22 ~ The captions or headings of paragraphs ua flus lease are inserted for convemence only and shall not be considered m conslnung the provamons hereof tf any question of intent should arise 23 ~ The terms, conchtions, and covenants contained m flus lease shall apply to, inure to the benefit of, and be binding upon the partaes hereto and their respective successors tn interest and legal representatives except as otherwtse hereto expressly provided 24 If any prows~on m tins lease should be held to be invalid or unenforceable, the vahdtty and enforceabthty of the remaining prowmons of th~s lease shall not be affected thereby 25 hI_O_TLC All notices or other commumcations hereunder shall be m writing and shall be deemed duly gtven and dehverod if properly sent by Federal Express to Landlord or Tenant at ~ts respeotive address as follows LANDLORD TENANT ~¢/ ~c~¢~ Ezell Aviation, l. nc ~'tt ¢ ~oo Wr Modalhon Fhght Group, Inc P O Box 1793 ~O 5050 Warbtrd, Ste A Breckenndge, TX 76424 Denton, TX 76207 C \DATA\OOCS\CLIENTS~Kirkpatrick~-ease Agreement wpd Page 7 Tenant represents and warrants that it has not employed any broker or agent as its representative m the negotiation for, or the obtaining of, flus lease and agrees to mdemmfy and hold Landlord hmnless from any and all cost or lmblhty for compensation clauned by any broker or agent with whom Tenant has dealt 27 I~IGHT OF FIRST REFUSAL In the event that dunng the t~F~ai of fins Lease, a tlurd party makes a bona fide offer to Landlord to purchase the leased prermses, Landlord shall promptly g~ve Tenant written not, ce of the amount of such offer Tenant shall thereafter have SLxty (60)) days m wluch to offer Landlord an amount equal to that offered by the thud party to purchase the Pwperty and to obtmn financing for such purchase. In the event that during such sixty (60) day penod, Tenant fmls to (0 offer an amount equal to that offered by the thud party or 01) fmls to secure financing adequate to purchase the Property, Landlord shall be free to sell the Leased Prermses to the tlurd party, and Tenant shall have no further nghts under tlus Paragraph 27 28 TEXAS LAW TO APPLY Tins lease Is to be construed under Texas law The exclusive venue for any suit or cause of actwn brought by a party to enforce its rights under tbs lease shall be Denton County, Texas No amendment, mochficat~on, or alteratmn of tins lease is binding unless in writing, dated subsequent to the date of flus lease, and duly executed by the part,es 30 MUTUAL WAIVER OF SUBROGATION Notvathstandmg anything set forth m flus Lease to the contrary, Landlord and Tenant each expressly, knowingly, and voluntarily waive and release any and all right of recovery, clawa, action, or cause of action, against the other and its respective agents, officers and employees, for any damage to its propemes and loss of business (specifically including loss of rent by Landlord and business interruption by Tenant) as a result of the acts or onusaions of the other party, or the other party's agents, officers and employees (specifically including the negligence of either party or its agents, officers and employees and the intentional misconduct of the agents, officers and employees of elthe~ pan'y), which claims are covered by the insurance reqmred to be mamtmned by the part, es pursuant to the terms of this Lease or other insurance as either party may carry at the tune of an occur~ce In ad&taon, all insurance pohmes carned by either party covering the leased prenusas or the property m the leased prenuses (including, but not hmlted to contents, fire, and casualty C ~DATA~OCS\CLIENTS~41rkpat~ck~.ease Agreement wpd, Page 8 ins=ance) shall exprassly wmve any nsht on the part of the Insured agmnst the other party for damage to its pwpertles and loss of business as a result of the acts or omissions of the other party or the other party's agents, officers and employees, or m the alternative, Landlord and Tenant shall each, on or before the Commencement Date obtain and keep m full force and effect at all t~mes thereafter a wmver of subro§at~on from ItS insurer concerning the property, rent loss, and business interruption msunmce maintained by it for the leased prermses and the property located m the leased prermses, prowded, however, that the foregoing shall not apply to clauns for personal injury or wrongful death 31 ~SSIGNMENT AND ASSUMPTION OF HANGAR SUBLEASE Landlord and North American Fhght Academy, Inc ("NAFA") entered into that certain Hangar Lease Agreement dated July 1, 1999 w~th respect to a pomon of the leased prenusas, wluch lease Is attached hereto as Exhibit "B" and incorporated herein (the "Sublease") Landlord desires to assign, transfer, set over and dehver to Tenant all of Landlord's right, t~tle, and interest in and to the Sublease and Tenant dean.s to assume all of Landlord's right, htle, and interest La and to the Sublease Landlord hereby assl~ns~ transfers, sets over and delivers unto Tenant all of the Landlord's nght, title, and Interest m and to the Sublease Tenant hereby accepts the foregoing assignment of the Sublease and assumes all duties and obhgat~ons of Landlord under the Sublease IN WITNE~S~,~ ~H~.~OFu Landlord and Tenant have executed tins lease in mulUple original counterparts ths~J~_ day of~ 1999 LANDLORD TENANT Ezell Aviation Incorporated //_ Me~la~n Fl~ht GrOup, Inc Title , C ~DATA~DOCS~CLIENTS\KIr~patrick\LeaSe Agreement w~l, Page 9 Exhibit All that certain property know as $050 Warbtrd, Denton, Texas, including an approximately 14,200 square foot Hangar Number One (#1), Ramp North of Hangar Number One (#1), Fuel Farm, and Parhng Lot South of Number One (#1), also known as Hangar Number One (#1) in the Master Lease SUBJECT TO that portion of the property presently occupied as an office by Frank D Stnckler and/or Fox 51 Ltd., Inc which such right and pnwlege to occupy expires on Apn129, 2000 ~'~* ~ ~ C ~DATA'~DOCS\CLIENTS~Kirkpatflc~Lease Agreement wpd, Page 10 F:\SHARED\DEPTILGL\Our pocuments�Resolutions\99\logo publicarion standards and usage..doc RESOLUTION NO. � � �� A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING CITY POLICIES ESTABLISHING THE CITY OF DENTON PUBLICATION AND USAGE STANDARDS REGARDING THE OFFICIAL CITY LOGO, LOGO FOR CITY OF DENTON FLAG, MUNICIPAL ELECTRIC LOGO AND GRAPHIC IDENTITY MARKERS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, The City of Denton, Texas has previously adopted an official city logo, logo for City of Denton flag and municipal electric logo; and WHEREAS, heretofore the City of Denton did not have an official Publication Standards and Usage Policy to direct written communications for the City of Denton regarding the usage of such logos and other graphic identity markers for city deparhnents and programs and now desires to do so; such policy to be used by all City of Denton departments and individuals working to communicate on behalf of the City of Denton to promote a sense of unity and community pride; and WHEREAS, Publication Standards and Usage Policy has been developed by a task force of citywide employees and reviewed and approved by the City Manager, the Executive Committee and departmental staffs; and WHEREAS, the City Council, desires to adopt such policy as an official policy regarding the publications standards and usage of city logos and graphic identity markers for city departments and programs; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That Policy nurnbered 505.02 "Publication Standards and Usage" of the Personnel Policies and Procedure Manual of the City of Denton attached hereto and incorporated by reference herein, is hereby approved as official policy of the City of Denton, Texas. SECTION 2. That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. SECTION 3. That this resolution shall become effective imrnediately upon its passage and approval. PASSED AND APPROVED this the � day of , 1999 �!�,�iti _ � . .� , • •• ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AP OVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ��� % �u� CITY OF DENTON POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE sECTioN: PUBLIC INFORMATION REFERENCE NUMBER: 505.02 INITIAL EFFECTIVE DATE: sua�ECT: PUBLICATION STANDARDS AND USAGE 11/16/99 T�T�E: PUBLICATION STANDARDS AND USAGE �ST REVISION DATE_ POLICY STATEMENT: As the City of Denton, Texas, develops a vision for the future, plans include quality graphic communications to reflect the City's goals. The City's image is enhanced when the official logo is incorporated into all operations. This assists citizens in identifying City publications, properties, and services and promotes a sense of unity and community pride. The Publication Standards and Usage policy has been developed to establish guidelines and standards for City of Denton communications and publications. The goal is to institute a uniform and cost-effective design for City communications and to enhance the identity and professional image of local government while allowing departments flexibility and creativity within the confines of this policy. Use of this policy strengthens the City's mission and helps to raise the profile of the City by ensuring its name is clearly recognizable. The basic requirement of this policy is that all electronic and print publications, which describe official City of Denton programs and functions, are consistently and clearly identified as City of Denton communications. This policy ensures unity, consistency, and clarity of inessage in the City of Denton's internal and external communications. The programs and actions described herein enhance awareness of the City of Denton internally and externally and preserve and protect the City of Denton's rights to use and to control use of its department markers and logos. All markers, logos, and images described herein are the sole property of the City of Denton. This policy is to be used and upheld by all departments and individuals working to communicate on behalf of the City. All design, composition, and printing/copying service departments/divisions and all City staff will follow the design requirements established by this policy in creating publications. External agencies and any other services employed by any department or division are required to observe this policy as well. External vendors will be provided with design and style specifications through contact with the department originating the purchase order. Copies of this policy can be made available to external vendors. Page 2 of 11 TIVE PROCEDU TITLE: PUBLICATION STANDARDS AND USAGE I REFERENCE NUMBER: 505.02 DEFINITIONS: I. The City of Denton Seal: The City of Denton seal is reserved for the highest official communication of the City by the Mayor and City Council. The seal is a mark of guarantee; it is reserved for the most solemn and serious purposes of this municipality (see section V.A.}. II. Official City Logo: The official City logo is an image that has been officially identified through this policy to represent and identify the City of Denton (see section V.B.). III. Logo for City of Denton Flag: The flag logo is an image that has been adopted by the City Council to represent and identify the City of Denton's flag (see section V.C.). IV. City of Denton Wordmark: The City of Denton wordmark is the City's name presented in a specific form. It communicates immediately who we are and is the most commonly used and readily identifiable element on official City of Denton publications (see section V.D.). V. Official Denton Municipal Electric (DME) Logo: The official DME lago is an image that has been officially adopted by the City Council to represent and identify Denton Municipal Electric (see section V.E.). VI. Department Markers: Department markers are images that identify departments and divisions (see section V.F. and Appendix A). VII. Program Markers: Program markers are images that identify programs such as the energy efficiency program, Keep Denton Beautiful, etc. (see section V.F. and Appendix A). VIII. External Customers: External customers are defined as individuals who receive services such as citizens, other municipalities, organizations, businesses, etc. IX. Internal Customers: Internal customers are defined as City employees working in departments and divisions within our organization. Publication Standards and Usage Policy (505.02) LICY/ADMINIS TITLE: PUBLICATION STANDARDS AND USAGE ADMINISTRATIVE PROCEDURES: I. Approval for Use: � III IV Page 3 of 11 E (Contin REFERENCE NUMBER: 505.02 A. Requests for clarification of this policy should be directed to the City of Denton Director of Management and Public Information, who reports to the City Manager. B. Departments and divisions may use the approved markers shown in Appendix A. Before a new or revised design can be utilized, the marker must be sent to the City Manager's Office for approval and will be added to Appendix A. Individuals ordering materials that violate this policy can be held personally responsible for the associated costs. Archival Responsibility: Departments and divisions are required to maintain a copy (copies) of every official City of Denton publication in accordance with the records retention schedule. City of Denton Publications: A. City of Denton publications are any media produced and/or paid for out of budgeted funds administered by the City of Denton, including grant funds and gift funds. The City's publications include print, cable broadcast, photocopy, videotape, desktop- publishing, or on-line media. B. This policy also applies to clothing depicting the City of Denton's distinctive markers (that is, City seal, wordmarks, logos or department markers) whether produced internally or e�ernally. Accuracy in Communication: A. It is the responsibility of all individuals originating publications on behalf of the City of Denton and departments to communicate responsibly. Information distributed by City representatives must hold to the highest level of accuracy in content and reflect City guidelines in format, style, and design as a means of strengthening the City's identity as a municipality. B. Departments/divisions that originate publications and other media of all kinds retain the primary responsibility for accuracy of the information presented. Each time publications are revised, information must be rechecked for accuracy. Publication Standards and Usage Policy (505.02) Page 4 of 11 POLICY/ADMI TITLE: PUBLICATION STANDARDS AND USAGE I REFERENCE NUMBER: 505.02 C. Publications printed by the Reprographics Division must be scheduled allowing time for their staff to proofread prior to printing. A proof will be produced for review and must be signed for approval before printing. D. All publications and advertisements relating to City of Denton employment opportunities must carry the following non-discrimination statement or the abbreviated format. 1. When space is available: It is the policy of the City of Denton not to discriminate on the basis of race, color, religion, sex, age, national origin, disability (where reasonable accommodations can be made), disabled veteran status, or veteran of the Vietnam-era status in its delivery of services and employment policies. Direct your questions or concerns to the Department of Human Resources at (940) 349-8340 or the City Manager's Office at (940) 349-8302. TDD access is available through Relay Texas: (800) 735-2989 . 2. Abbreviated form: a) Equal Opportunity Employer b) ADA/EOE/ADEA E. All other publications must carry the following non-discrimination statement: 1. When space is available: The City of Denton is an equal opportunity employer and does not discriminate on the basis of race, color, national origin, sex, religion, age, or disability in employment or the provision of services. 2. Abbreviated form: a) Equal Opportunity Employer b) ADA/EOE/ADEA F. Meeting notifications must include statements that the meeting facility/room is ADA accessible. Publication Standards and Usage Policy (505.02) ��rr�� ,TI PUBLICATION STANDARDS AND USAGE Page 5 of 11 E (Continu REFERENCE NUMBER: 505.02 G. All publications intended for mailed distribution are required to carry a return address. Publications that will be distributed by some other means are required to carry some form of address or telephone number at which the author or department representative can be reached. V. City of Denton Graphic Identity Markers: The following summary contains basic guidelines for the use of the City of Denton's graphic identity markers. Images of the graphics must be reproduction quality and may be embossed, debossed, or watermarked. A. The City of Denton Seal: �p00pp� O� � F � f�O o� ��o 0 o� Zo 0 a o h 2 O O�O JoN SErO�O °oaooa°° The City of Denton seal (shown above� is reserved for the highest official communication by the Mayor or City Council. The seal is a mark of guarantee; it is reserved for the most solemn and serious purposes of this municipality. The City Secretary must coordinate all uses of the City Seal. The seal is appropriately reserved for: 1. 2. 3. 4. 5. 6. Ordinances and resolutions. Employment contracts. Proclamations. Document certification. Any communication from the Mayor or City Council. Gifts presented on behalf of the Mayor, City Council, or City Manager. Publication Standards and Usage Policy (505.02) TITLE � PUBLICATION STANDARDS AND USAGE The City of Denton Logo: i ty ot ���� Page 6 of 11 REFERENCE NUMBER: 505.02 The City of Denton logo and department markers are related but serve distinct purposes. 1. The City of Denton's stretched or distorted shown here. official logo is the design shown above. It may not be to appear in any shape or proportions other than those 2. The logo is the image that should be used on stationery, business cards, forms, printed memoranda sheets, and official communication on paper of all kinds (see section VI.B. for more detailed information on stationery). C. Logo for City of Denton Flag: . 1. The "D" logo is designated for the City of Denton flag. 2. The City of Denton flag is to be flown on or near the main administration building and major City facilities. The flag should be flown daily and can also be flown at night if it is properly illuminated. 3. The use of City flags by the public is encouraged, particularly at parades, at official functions, and on or near public buildings. 4. When displaying the City flag with other flags, the general protocol is to rank the American flag first, then the Texas flag, the county flag, and finally the City flag (see also "Display of Flags at Half-mast" policy number 500.05). Publication Standards and Usage Policy (505.02) Page 7 of 11 TITLE: PUBLICATION STANDARDS AND USAGE REFERENCE NUMBER: 505.02 D. The City of Denton Wordmark: City of Denton 1. The City of Denton wordmark is our name presented in a specific form. It communicates immediately who we are and is the most commonly used and readily identifiable element on official City of Denton publications. In many design applications where use of one of the other graphic elements herein would clash with other prominent designs, the wordmark is the best choice. It is required that the name of the City be prominently displayed in the wordmark format or in one of the other formats described herein but need not dominate the design. 2. Standards: a) Use the wordmark in its entirety. b) Use the wordmark in an area in which other type is not touching it or superimposed over it. c) Use only reproduction-quality images of the wordmark. It must appear in CG Times, bold in upper and lower cases, one line only, no smaller than 12- point font size. If these specifications cannot be matched, do not substitute others. d) The wordmark may be printed in any solid color if the rest of the text is in that color. Wordmark on official letterhead must be printed in blue. It should not be printed in more than one color or printed in reverse unless it is presented wholly in reverse form. The wordmark can also be printed as a watermark. e) In cases in which the City or one of its representatives works in consortium or partnership with an outside entity or entities that desire to be named on stationery, business cards, and the like, the wordmark may be printed with the partner agency's or institution's official symbol or logo. The City logo and department markers can also be used. Publication Standards and Usage Policy (505.02) ���r�� VI. PROCEDURE/ADMINIST PUBLICATION STANDARDS AND USAGE E. Denton Municipal Electric Logo: TO N M 0 N I C I P A l ELECTRIC Page 8 of 11 REFERENCE NUMBER: 505.02 Denton Municipal Electric's official logo has been set by Ordinance No. 98-202 and is copyrighted as the property of the City of Denton. Any other person, firm, corporation, or organization should not use the official logo of Denton Municipal Electric for any purposes without the written approval of the City Manager. The official logo for Dentan Municipal Electric shall be utilized on all Denton Municipal Electric equipment, supplies, and materials ordered or purchased. F. Department/Program Markers: In addition to the logos, several City of Denton department markers and Denton Municipal Electric program markers are available. These were generated specifically for use on department and DME equipment and publications, and some are particularly appropriate for other uses such as casual clothing, coffee cups, water bottles and plastic to-go drink mugs, and cups. City of Denton Print Documents: The City of Denton and Denton Municipal Electric stationery are the most widely distributed elements of City communication. Stationery includes all letterhead, envelopes, business cards, and official forms. A. External Communications: External communications that publicize employment opportunities, events, programs, and general City of Denton or Denton Municipal Electric information must include the following: 1. Logo with or without wordmark (see sections V. B. and V. D.) 2. Statement regarding non-discrimination (sections IV.D. and IV.F.) or ADA accessibility (sections IV.F.) 3. 4 Month and year the communication was produced Contact information including website address (www.cit�ofdenton.com) Publication Standards and Usage Policy (505.02) TITLE 1=3 i�1V�� PUBLICATION STANDARDS AND USAGE Page 9 of 11 nti n REFERENCE NUMBER: 505.02 5. If you are providing a phone number for additional information, include the Texas State Relay (Telephone Device for the Deaf) phone number, which is TDD (800) 735-2989 . Stationery: 1. Letterhead: a) All City of Denton departments and divisions will use the standard letterhead design (see Appendix B). Denton Municipal Electric will use letterhead formats specific to its operation. b) Department or program markers can be added to the standard letterhead. Stationery must be printed as indicated in Appendix B. Letterhead may be reproduced in black for mass mailings. 2. Business Cards: a) Business cards must include the City of Denton's official logo and may include department markers as well (see Appendix C). Denton Municipal Electric will use their official logo instead of the City of Denton's official logo. The type font and point size may not change unless deemed necessary to maintain line consistency. If multiple addresses are needed, formats for double-sided printing are available. b) Business cards must be printed on at least 80-pound cardstock. 3. Envelopes: a) All envelopes must include the return address in the following order: (1) City of Denton departments: ➢ City of Denton ➢ Department/division name ➢ Address Publication Standards and Usage Policy (505.02) TITLE: VII. PUBLICATION STANDARDS AND USAGE (2) Denton Municipal Electric: ➢ Denton Municipal Electric ➢ Address Page 10 of 11 REFERENCE NUMBER: 505.02 b) If postage codes are used on the envelope, the number should appear on the upper right-hand corner of the envelope. c) If the envelopes are standard (#10) to match City of Denton or Denton Municipal Electric letterhead, then the City of Denton logo or Denton Municipal Electric logo must appear as indicated in this policy. Envelopes matching special event letters may be exempted. 4. Memoranda Formats: Many City of Denton departments and divisions and Denton Municipal Electric generate their own internal memoranda and fax sheets on personal computers. The memoranda and fax sheets must have the City of Denton or Denton Municipal Electric wordmark included somewhere on the page. 5. Forms: All forms for the City of Denton and Denton Municipal Electric are to be clearly identified with the City's official and DME's official logos respectively. Department markers may also be used on the City of Denton forms. City of Denton and Denton Municipal Electric Video Presentations: A. Cable Television: All videos produced by City departments and the City cable channel must be identified as a City of Denton production with a screen that includes all the elements required for print publications including City logo and/or wordmark, month and date produced, a non-discrimination statement and the City's website address. B. Approvals: The appropriate director and assistant city manager must approve productions to ensure accuracy and adherence to Council-established policy. Publication Standards and Usage Policy (505.02) Page 11 of 11 �:�_�1�1�I�� II TITLE: PUBLICATION STANDARDS AND USAGE I REFERENCE NUMBER: 505.02 VIII. Specialty Uses: A. Uniform Patches: Department markers or official logos must appear on upper left front of the shirt. Civil Service uniforms will be designed according to department policies. B. Banners: All banners should be clearly marked with the City's official logo or with the Denton Municipal Electric's official logo. C. Promotionalltems: The City's official logo or Denton Municipal Electric's official logo can be used on promotional items with the approval of the department director. The City of Denton's official logos are authorized for commemorative items including but not limited to the "Key to the City," pens, coasters, and pins for use by the Mayor's Office. IX. City of Denton Vehicles: All City vehicles will be clearly marked with the City's official logo or Denton Municipal Electric's official logo. Department markers may be placed on the rear quarter panel of the vehicle as approved by the department director. Vehicle decals will be printed in the logo/marker colors on materials that are best suited for the application and that meet state and federal regulations. Public safety vehicles are exempt from this section of the policy. Publication Standards and Usage Policy (505.02) Appendix — Page 1 of 2 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued Title: PUBLICATION STANDARDS AND USAGE Official Logos: City of Denton Logo for City of Denton Flag: City of Denton Department Markers: Appendix A REFERENCE NUMBER: 505.02 M ll N f G[ P A L ELECTR[C C;rer�i=ing t�rnorrvtr �.c c��nanrt�nin' l��dcn ' Denton Municipal Electric Technolog�- r��. Ser��ces City of Denton 1 41l'I�'1►f�l�l►C � l� "To cauee to be common with ofhers" Publication Standards and Usage Policy (505.02) - Appendix Q .� Engin�ering & TransportaYion Engineering/Transportation Appendix — Page 2 of 2 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued Title: PUBLICATION STANDARDS AND USAGE Appendix A (continued): City of Denton Department Markers (continued): s � �ecycl eS��.��s i�ex Recycling Division Program Markers: ������ie r �y A � �o o w � E�ER SAvE � � ��Y� � ��o� M �\�\� Unicip �' . ti 1:1. Y„ •.' � Y. Y.'.' ti Y. �1fl1� STR�fT saa �88 �ee ARa �00 �oa The Square and Beyond rr.■r.v�tir.ti :YN.'r. 's; �_ ��ep ��n�on �eautiful Publication Standards and Usage Policy (505.02) - Appendix .�`,��� �,��o� REFERENCE NUMBER: 505.02 L1C E r. �. , ► � _ ��= �a ' � � - _ �� — �,� -i ,� ,, ���� ��� ���: %� � - y f,� . ���,� oro _ �--���. � C�MMUMS°� �"' I�EP D , i� is Economic Development - Pins 215 E. McK/NNEY DENTON, TEXAS 76201 •/9401 349-8200 • FAX (9401 349-82 Appendix B "Dedicated to Qua/ity Service'" www, cityofdenton. com ° , ��:�. - , . . =?� :�� . '� . � ENRYH NG lIVES """'" �"'� ""' 321 E. McK/NNEY DENTON, TEXAS 76201�(94aJ 349-PARK �FAX (9401 349-8384 PARKS & RECREAT/ON DEPARTMENT Appendix B (continued) 'Dedicated to Qua/ity Service" www, cityofdenton, com M U N I C I P A L E L F C T� i C 901-A Te_ras Str-eet F;?�; _,i=ir�_� lwrtru'ruir's c�inrvnunifr lo�1u��! �e12r0l1. T�.A"QS %�J!�% Appendix B (continued) Appendix C °'} STEPHEN A. COOK PLANNERI COMPREHENSIVE PLANNING SECTION I PLANNING AND DEVELOPMENT DEPARTMENT OFFICE FAX METRO 940-349-8356 940 349 7707 972-434-2529 EMAIL: stephen.cookQcityofdenton.com www. cityofden ton. com CITY HALL WEST • 221 N ELM DENTON, TEXAS • 76201 uf KATHY SCHAEFFER 1 PROGRAM AREA MANAGER • ENRICHING�S OFFICE FAX 940-349-8125 940-349-8384 EMAIL: kathy.schaeffer@cityofdenton.com www. ci tyofden ton, com CITY HALL WEST • 221 N ELM DENTON, TEXAS • 76201 Energizing �TO N t�morrow's communit� M u H i c i a a t r��,�,,.�� ELECTAIC Jessica James Marketing Division Office 940.349.7142 Pager 940.381.8484 Fax 940.349.7334 e-mail: jyjames@cityofdenton.com 901-A Texas Street Denton, Texas 76201 °'Y STEPHEN A. COOK - PLANNERI COMPREHENSIVE PLANNING SECTION I PLANNING AND DEVELOPMENT DEPARTMENT OFFICE: (940) 349-8356 FAX (940) 349-7707 METRO: (972) 434-2529 EMAIL stephen.cook@cityofdenton.com www. cityofdenton.com CITY HALL WEST • 221 N ELM DENTON, TEXAS • 76201 ' KATHY SCHAEFFER i PROGRAM AREA MANAGER OFRCE: (940) 349-8125 FAX: (940) 349-8384 `�' � •�. .. - ENRYHING lIVES EMAIL: kathy.schaefferQcityofdenton.com www. cityofdenton. com CITY HALL WEST • 221 N ELM DENTON, TEXAS • 76201 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON THREE-YEAR ANNEXATION PLAN AS REQUIRED BY AMENDMENTS TO SECTIONS 42 AND 43 OF THE TEXAS LOCAL GOVERNMENT CODE AS SPECIFIED BY SENATE BILL 89, ADOPTED BY THE 76TM TEXAS LEGISLATURE ON MAY 25, 1999, EFFECTIVE ON SEPTEMBER 1, 1999, AND REQUIRING THE ADOPTION OF A THREE-YEAR ANNEXATION PLAN WITH AN EFFECTIVE DATE OF DECEMBER 31, 1999, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the 76th Texas Legislature adopted Senate Ball 89 on May 25, 1999, wluch was effective on September 1, 1999, and WHEREAS, Senate B,I1 89 made s~gmficant amendments to the municipal annexation reqmremcnts contmned ~n Sections 42 and 43 of the Texas Local Government Code, and WHEREAS, Senate B~I1 89 amending Section 43 052(c) of the Texas Local Government Code specifies that "A mumclpaltty shall prepare an annexatton plan that specifically tdent~fies annexations that may occur begtnntng on the thtrd anntversary of the date the annexatton plan ts adopted ~', and WHEREAS, Section 17(b) of Senate Bill 89 specifies that "Each munzctpaltty shall adopt an,annexatlon plan as requtred by Sectton 43 052, Local Government Code, as amended by thts Act, on or before December 31, 1999, that becomes effecttve December 31, 1999 ", and WHEREAS, Senate Ball 89 ¢ont~uns several new requirements ~ntended to protect populated areas m umncorporated areas from unwanted mumc~pal annexation, and WHEREAS, Senate B~ll 89 amended Section 43 052(h) of the Texas Local Government Code to prey, de several exemptxons from the rewsed aunexat~on reqmrements ~ncludmg an exemption for areas proposed for annexation if" the area contains fewer than 100 separate tracts of land on whtch one or more restdenttal dwelltngs are located", and WHEREAS, the C~ty of Denton has no unincorporated populated areas contiguous to ~ts mumc~pal boundaries conta~mng more than 100 separate tracts of land on wtuch one or more res~denttal dwelhngs are located, and has determined that any anticipated annexations m the foreseeable future w~ll be exempt from the annexation plan and other prov, s~ons of Senate Bill 89 pursuant to tlus exemption and other exemptions as set forth ~n Section 43 052(h), and WHEREAS, Senate Bill 89 amended Section 43 0520)(1) of the Texas Local Government Code, mdlcating that "Ifa mumctpahty has an Internet webstte, the mumczpahty shall post and maintain the posting of its annexatton plan on tts Internet webs~te ", and WI+IEREAS, the Caty of Denton Cxty Councal conducted a pubhc heanng on November 16, 1999 to hear c~tazen comments regarding the City of Denton Three-Year Annexataon Plan and at as the mtent of the C~ty Council to adopt the Three-Year Annexation Plan, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~.Fa.G._T!.Q_~I.~ The Caty of Denton Three-Year Annexataon Plan, as reqmred by Sectaon 43 052 of the Texas Local Government Code, whmh ~dentffies no land to be ancluded as part of a three-year annexation schedule, ~s adopted by virtue of approval of this resolutaon SECTION 2 The C~ty Councal of the Cxty of Denton hereby mstructs the webmaster of the caty's Interact webslte to post and mmntam the posting a copy of this resolutaon and armexatlon plan on the city's Interact webslte ~ The City of Denton may continue to consider annexation of areas which are exempt fi.om ~neluaon in the City of Denton Three-Year Annexation Plan ~ This resolution wall take effect December 31, 1999 , PASSED AND APPROVED tins the day of ,1999 J~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 SO' IONNO A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE PUBLIC UTILITY COMMISSION OF TEXAS TO SET THE ALLOCATION FORMULA THAT DETERMINES WHAT PORTION OF THE BASE AMOUNT (ANNUAL FRANCHISE FEE OR RIGHT-OF- WAY USE FEE PAID BY CERTIFICATED TELECOMMUNICATIONS PROVIDERS) TO BE PAID THE CITY UNDER HB 1777 IS ALLOCATED TO EACH CATEGORY OF ACCESS LINE WITHIN THE CITY OF DENTON AND DECLARING AN EFFECTIVE DATE WHEREAS, I-IB 1777 estabhshed aumfonn method for calculating telecommumcattons franchise compensation prod to mume~paht~es, and WHEREAS, the Public Utility Conunlss~on of Texas (PUC) has requested the C~ty of Denton to elect ff xt desires the (1) PUC to set the allocatton formula that determines what pomon of the annual franchise fees will be prod by one of three categories of access hnes or (2) C~ty to set ~t own allocation formula, and WHEREAS, the C~ty Council finds that the experhse of the PUC would allow the PUC to best determine the appropriate allocation formula and reduce the poss~bthty of a dtscnmmatory or excesswe fee being inadvertently set by the C~ty, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the C~ty Manager or h~s designee ~s authorized to ~nform the Pubhc UUllty Commission that the PUC ~s anthonzed to set ~n the C~ty's behalf the allocation formula that deterrmnes what porhon of the Base Amount, as such term ~s defined under HB 1777, to be prod the City by Certfficated Telecommunications Prowders is allocated among the three (3) categories of access lines that have been estabhshed by the PUC SECTION 2 That th~s resolution shall become effectwe ~mmedmtely upon ~s passage and approval by the City Counml PASSED AND APPROVED thts the /& ~ day of (~~./~J , 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APP AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 Next Document A RESOLUTION TO DECLARE THE iNTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT A PROJECT APPROVED iN THE 1999-2000 CAPITAL IMPROVEMENT BUDGET MORE FULLY DESCRIBED iN THE ATTACHMENT TO THIS RESOLUTION MAY BE COMMENCED, AND PROVIDiNG AN EFFECTIVE DATE WHEREAS, the C~ty of Denton (the "Issuer") is a mumclpal corporat~on/poht~cal subdivision of the State of Texas, and WHEREAS, the ~ssuer expects to pay expenditures for payment of contractual obligations for professional services ur connection w~th the rewrite and revision of the City's Zomng Code and Subdivision regulations which were previously approved m the 1999-2000 CIP Budget and ~s described ~n Attachment "A", and WHEREAS, the Issuer finds, considers, and declares that the re~mbnrsement of the Issuer for the payment of such expenchtures will be appropriate and consistent w~th the lawful obJeCt,yes of the Issuer and, as such, chooses to declare its ~ntent~on, m accordance wxth the prows~ons of Section 1 150-2 Treasury Regulations, to reimburse ~tself for such payments at such t~me as ~t ~ssues the obhgatlons to finance the ProJects, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1. That the Issuer reasonably expects to ~ncur debt, as one or more series of obhgatlons, with an aggregate maximum pnnclpal amount equal to $330,000 for the purpose of paying the costs of the ProJect, as set forth ~n the attached Attachment "A" ~E__QT_I.O__hI_~ That all costs to be reimbursed pursuant hereto will be for professional services as authorized by Section 271 045(a)(3) of the Texas Local Government Code No tax- exempt obhgat~ons will be issued by the Issuer m furtherance of this resolution after a date wtuch is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service That all amounts expended fi.om the Unreserved Fund Balance for the ProJect set forth in Attachment "A" to pay any costs of the Project shall be reimbursed from Cert~ftcate of Obligation bond proceeds w~thln the 1999-2000 fiscal year ~ That the foregoing notwithstanding, no tax-exempt obllgat~on will be issued pursuant to this resolunon more than three years after the date any expenditure whxch ~s to be reimbursed ~s pad ~ That th~s resolution shall become effective ~mmed~ately upon its passage and approval pplSSED AND APPROVED this the 7'/~ day of ~~, 1999 JAC~ ATTEST ' JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY AT~ACHI~ENT A PROJECT 1999-2000 Development Code and Rewrite of Development Code $405,000 A RESOLUTION AUTHORIZING THE INTERVENTION IN PROCEEDINGS RELATING TO TXU LONE STAR PIPELINE'S REQUEST TO INCREASE THE CITY GATE RATE, AUTHORIZING THE EMPLOYMENT OF SPECIAL COUNSEL AND RATE CONSULTANTS AS NEEDED, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on October 29, 1999, TXU Lone Star P~pehne (formerly known as Lone Star P~peline Company) a division of TXU Gas Company filed ~ts Statement of Intent to ~nerease the c~ty gate rate for the City of Denton ("C~ty") that was estabhshed by the Texas Railroad Commission in GUD No 8664 in 9197, which has been docketed as GUD No 8976, and WHEREAS, the Texas Railroad Commission has suspended the effective date of the gate rate increase for 150 days from and after December 20, 1999, and WHEREAS, the filing by TXU Lone Star Pipeline requests an increase ~n revenue of $20 3 malhon from city gate rates, and WHEREAS, the filing by TXU Lone Star P~pellne proposes to increase its rates by approximately 15 cents per Mcf, thereby increasing the average residential bill by approximately 75 cents per month, as well as factors assigning cost responsibility to the city gate customers, and WHEREAS, a coaht~on of cities, ~ncluthng Commerce and Greenwlle, represented by the Law Offices of J~m Boyle, has filed a Motion to Intervene ~n Docket No 8976, has requested the participation of other crees served by TXU Lone Star P~pehne, will retmn consultants for its partampatlon m GUD No 8976, and has offered to the City an opportumty to participate in GUD No 8976, and ff the rate case expenses are ordered by the Railroad Commission to be reimbursed ~n their entirety by TXU Lone Star Plpehne, then such partm~patlon by the C~ty shall be at no expense to the C~ty, and WHEREAS, the Law Offices of Jim Boyle has experience representing c~t~es in gate rate proceedings before the Railroad Commission, and WHEREAS, ~t ~s in the C~ty's interest to partm~pate in Gas Utilities Docket No 8976 at the Texas Ra~koad Commission as proposed by the C~ty of Garland, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City Attorney ~s hereby authorized to intervene in Docket No 8976 and related proceedings pending before the Railroad Commission of Texas That the C~ty does hereby employ as special counsel to assist the C~ty Attorney in thru proceethng the Law Offices of Jim Boyle and authorizes its City Attorney and special counsel to take all actions necessary m Docket No 8976 to protect the ratepayers w~thln Denton's municipal boundaries, ~ncluthng, w~thout hmatatlon, the retention of experts and consultants as necessary for the rate proceedmg Page 1 SECTION 2 That the City Attorney is hereby authonzed to notify the Law Offices of Jim Boyle that the City desires to partlcxpate with the coalition of cities represented by J~m Boyle ("Boyle Coalition of Cities") m Gas Utilities Docket No 8976 at the Texas Rmlroad Comm~smon, and that the attorneys and consultants for the Boyle Coaht~on of Cities shall also be authorized to represent the City ~n flus matter SI~CTION 3 The City Attorney and special counsel are &retted to seek reimbursement ofmummpal rate case expenses pursuant to Tex Utfl Code §103 022 In the event that any rate case expenses recurred by the Boyle Coaht~on of C~t~es on behalf of par0c~pating c~t~es are not ordered by the Railroad Comm~smon to be reimbursed by TXU Lone Star P~pehne, then all c~tles represented by the Law Office of J~m Boyle will parhmpate ~n these expenses on a pro rata basis SECTION 4 That this resolution shall become effective ~mmechately upon its passage and approval PASSED AND APPROVED thls the '~-~ day of~, 1999 ATTEST! JENNIFER WALTERS, CITY SECRETARY JACK~,~LER, MAYOR BY / APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 2