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Resolutions R2001-001 to R2001-076
S \Our Doeumants~esolutmns\OO~Preserv¢ at Pecan Creek ROW Resolution doc RESOLUTION NO 4~/,/~{') / A RESOLLrrION APPROVING A RIGHT-OF-WAY USE AGREEMENT BETWEEN THE CITY O1~ DENTON, TEXAS AND THE PRESERVE AT PECAN CREEK, LTD, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The City Council of the City of Denton hereby approves a Paght-of-Way Use Agreement between the City of Denton and the Preserve at Pecan Creek, Ltd, a copy of which is attached hereto and incorporated by reference herein, and the City Manager is hereby authonze~t to execute smd Agreement on behalf of the City SI~CTION 2 This resolution shall become effective immediately upon its passage and approval / PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY RIGHT-OF-WAY USE AGREEMENT 7HE STATE OF TEXAS § COUNTY OF DENTON § The City of Denton, hereinafter referred to as "City" does consent and agree to permit the Preserve at Pecan Creek, Ltd, hereinafter referred to as "Applicant", to use a right-of-way dedicated to City, Lakevlew Boulevard, Gideon Walker Survey, Abstract Number 1330 such right-of-way being described in Exhibit "A", attached hereto, for the purposes of lighting, landscaping, irrigation, and a stone sign at Shady Shores Drive, upon the following conditions I The APPLICANT, its successors or assigns shall mmntaln and keep in sightly condition all of the above described improvements situated in the right-of-way area and the CITY shall not become responsible for such mmntenance at any time m the future Upon removal of such improvements and the payment of all costs in connection therewith, APPLICANT'S duties hereunder shall terminate The CITY agrees that its obligations to maintain Lakevlcw Boulevard as a dedicated right-of-way within the CITY shall not be diminished m any way as a result ofthls Agreement, except for the maintenance of the improvements provided for in this Agreement II The APPLICANT shall and does hereby agree to indemnify and hold harmless CITY from any and all damages, loss or liability of any lond whatsoever by reason of injury to property or third person occasioned by its use of the right-of-way or act of omission, neglect or wrongdoing of APPLICANT, his officers, agents, employees, lnvltees or other persons, with regard to the improvements and maintenance of such improvements, and the APPLICANT shall, at his own cost and expense, defend and protect CITY against any and all such clmms and demands' III The APPLICANT shall purchase and maintain Commercial General Liability Insurance naming the CITY as an "additional insured" for damages arising from the construction and maintenance of the improvements anthonzed above with a limit of not less than $250,000 00 for each pe~'son and $500,000 00 for each single occurrence for bodily injury or death and $100,00 00 for each single occurrence for injury to or destruction of property IV That APPLICANT shall have the right to remove the improvements on the right-of-way area at any time Further, APPLICANT shall arrange for all activities and improvements in the right-of-way to be discontinued and/or removed, at the direction of the CITY, within thirty (30) days of notification by CITY, that the City Council has directed the use of the right-of-way by S \Our Documents\Contracts\00\Preserve at Pecan Creek ROW doc the APPLICANT be d~scontlnued, and the costs associated with the dlscont~nulng of such actlwtles, and the removal of such Improvements, shall be bome by the APPLICANT V The APPLICANT, ~ts successors or assigns shall not seek compensation from CITY for loss of the value of the ~mprovements made hereunder when such improvements are reqmred to be removed by APPLICANT VI That APPLICANT shall place upon the stone sign on a reasonably conspicuous area, a permanent sign plate of 3 inches in height and 5 inches in width that displays the text illustrated in Exhibit "B" attached herewith The s~gn plate shall be of such plastic or metal material to withstand the effects of the elements over time and shall he attached with fasteners of ~ndustry standard Specific sign plate features shall be at the d~scretton of the APPLICANT VII This Agreement shall be binding upon and inure to the benefit of the APPLICANT and the CITY, and their successors and assigns, including the Preserve at Pecan Creek Homeowner Association, laws of the State of Texas Upon assignment of th~s Agreement by APPLICANT to the ASSOCIATION, and the assumption of APPLICANT'S duties and obligations by the ASSOCIATION, APPLICANT shall be released from all further llablhty hereunder The Declaration of Covenants, Conditions and Restrictions for the Preserve at Pecan Creek (the "Declarai~on") shall contain a provlsmn providing that the ASSOCIATION shall be responsible for the performance of all obhgatmns of the APPLICANT under this AGREEMENT and shall provide for adequate maintenance of the improvements provided for in this Agreement, including estabhshlng a reserve to cover the cost of removal of the ~mprovements, such reserve to be in the amount reasonably reqmred to pay all costs incurred in removing said improvements, but in no event less than $7,000 00 The Declaration shall provide for assessment procedures made applicable to all lot owners within Preserve at Pecan Creek which assessments shall be sufficient to support the proper mmntenance of the improvements and the above referenced reserve for removal of said improvements The Declaration shall contain a clause ~n bold type state THAT THIS RESERVE FOR REMOVAL OF THE IMPROVEMENTS LOCATED 1N THE RIGHT-OF-WAY SHALL NOT BE RELEASED OR REDUCED WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF THE CITY OF DENTON, provided, however, the CITY agrees to grant such approval promptly upon the removal of the subJeCt ~mprovements from the right-of-way and presentatmn to the CITY of reasonable documentation showing the payment of all costs and expenses incurred ~n connection therewith Prior to entenng upon the right-of-way area the APPLICANT shall submit to the City Attorney a copy of the Declaration for review and approval IN TESTIMONY..¥t/-HEREOF, APPLICANT executes this Right-of-Way Use Agreement onthls ~/t._~.- dayof (.J~ ,2001 Page 2 S \Our Documents\Contracts\OO\Preserve at Pecan Creek ROW doc THE PKESERVE~ECAN CREEK, LTD By Marc A Foothk, President CITY Ot/ DENTON, TEXAS ? ATTEST JENNIFER W~TERS, CITY SEC~T~Y ~PROVED AS TO LEG~ FO~ HE'ERTL PK~~TTO~YBY ~~ / ' STATE OF TE~S CO~TY OF DENTON ~or~ m~, ~ ~o~. ~b~, o~ ~h~ ~y o~, ~~ appearedl M~chael W Jez, ~own to me to be the per~n whose ~me ~s subscribed to the foregmng document ~d, being by me first duly ;~m, decl~ed that the statements thereto contained ~e tree ~d co.eot ~___~?0~ .... J ~ot~ ~ub~, Page 3 S \Our Documents\Contracts\00\Preserve at Pecan Creek ROW doc STATE OF TEXAS § COL T¥ D LAS Before me, a notary pubhc, on the cTq'0' ~'ay of ., ~ personally appeared Mine A Foothk, ~own to me to be the person whose nme ~s subscribed to the foregoing document ~d, being by me first duly sworn, declared that the statements therem contmned ~e tree ~d co.eot of Texas STATE OF TEXAS KATHLEEN CRAIG*SILVIA Page 4 THE PRESERVE .: 4 '-= I-: "EXHIBIT B" PRIVATE IMPROVEMENT WITHIN PUBLIC RIGHT-OF-WAY NO ADDITIONS OR ALTERATIONS WITHOUT PRIOR REVIEW AND APPROVAL BY THE CITY OF DENTON RESOLUTION NO ~00/- ~)0c~ A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON'S 2001 STATE LEGISLATIVE PROGRAM, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Seventh-seventh Texas Legislature will convene in January, 2001, and WHEREAS, many legislative msues affecting local government will be considered, and WHEREAS, the City of Denton has developed a legislative program for consideration by the Legmlature, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City of Denton's 2001 State Legmlatlvc Program for thc City of Denton is adopted as set forth in Attachment "A", ~ncorporatcd herein and made a part of this resolution for all purposes SECTION 2 That the Mayor and C~ty Council, City Manager and the City Attorney shall communicate the items included m the state legmlat~ve program to members of the Texas Legmlature SECTION 3 That, for those items dcmgnated as priority, thc C~ty Attorney is directed to draft appropriate legislation, seek a sponsor, and actively pursue passage of such legislation by prowd~ng testimony from the Mayor and City Council and City staff and through other appropnaXe means SECTION 4 That, for those items designated as support, the Mayor and City Council, City Manager and the City Attorney shall actively attempt to obtam passage of the appropriate legmlat~on if it is introduced by some other entity SECTION 5 That, for those items designated as endorse by the City of Denton or thc Texas M~mmpal League, the City Manager and the C~ty Attorney are directed as time allows to commumcate to appropriate individuals the C~ty Council's general support of such legislation SECTION 6 That the City Manager and the City Attorney are &rected to oppose any legislation which dlmunshes the City of Denton's home-rule authority SECTION 7 Th~s resolution shall take effect ~mmedlately from and after ~ts passage in accordance with the provisions of the Charter of the C~ty of Denton and ~t ~s accordingly so resolved PASSED AND APPR_QVED by a t3~l~vote of the C,ty Council w,th Mayor Brock absent, on tNs the /~/;;~ day of(~/7~ ,2001 RONI BEASLEY~,~,YOR l~O TEM M~(CK BU~GHS) (~OLINC~t~MBER MIKE COCHRAN, COUNCILMEMBEK AT LARGE ~ ~ ] DISTRICT 3 R SANDy K~STOF]SR~(~N, DISTRICT 2 COUNCIL%IEMBER, DISTRICT 4 DISTRICT 1 QOUN~/IJ ...,_~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 CITY OF DENTON 2001 STATE LEGISLATIVE PROGRAM State of Texas 77th Legislative Session As approved by the Denton C~ty Council January 16, 2001 TABLE OF CONTENTS CITY OF DENTON MAYOR AND CITY COUNCIL 2 CITY MANAGER, CITY ATTORNEY, AND PUBLIC INFORMATION STAFF 3 DENTON CITY COUNCIL RESOLUTION ADOPTING LEGISLATIVE PROGRAM 4 TAB 1 - PRIORITY ITEMS 6 Development Issues and Fees - Retain local control over development and development fees ...... 7 City's right to access ~mpact fees and to recover impact fees along state highways 8 Oppose legaslat~on creating water districts m the ETJ and enact legislation to reqmre water dastrlctS to notify arid receive permission from e~tles before forming 9 Amend state law to allow funding from the federal Lands, Conservation, Preservation and Infrastructure Improvement Program, H R 4578, slgned by President Chnton on October 11, 2000 to pass through to local governments 10 Oppose legislation eroding e~ty authority to regulate manufactured homes 11 Mmntmn current regulataons for County Development D~stncts 11 Support Pubhe Transportation Issues by thc Regional Transportation Council and TX-21 ........ 12 Increase the level and availability of State transportation funding 12 Streamhne the procedures of the Texas Department of Transportation to make ~t more efficient 12 Facilitate the creation and expansion of mass transit systems 12 Tax and finance Issues .................................................................. 13 Oppose - Enacting a sales tax exemptaon that ~sn't a local option exemption 13 Oppose - Enacting a property tax exemption that would be substantial erosion of the tax base 13 Other tax ~ssues - Support Intemet sales tax model legislation 13 Increase d~rect state md for pubhc libraries 13 Erosion of local control ...................................................... 14 Oppose legIslation hm~tmg the abthty of e~tles to control the rights-of-way and to collect 14 franchise fees Support Denton ISD ..................................................... 15 Increase state funding for children vnth special needs an pubhc schools 15 Adding to state funding formula criteria for school distracts that are ~mpacted by exempt state and federal lproperty 15 Electric Legislative Issues ......................................... 16 TAB 2 - TEXAS MUNICIPAL LEAGUE PRIORITIES . .. 17 Cliy of Denton 2001 State Legislative Program Page 1 City of Denton City Council Members Mailing Address for all of Councd 215 E McKlnney, Denton, TX 76201 Voice Ma~l for all of Council (940) 349-8555 Mayor Euline Brock (Horace) Office (940) 349-7717 1900 Westrldge Home (940) 382-2436 Denton, TX 76205 Cell (940) 391-4940 E-mall mayor@lglobal net Fax (940) 381-0106 Council Member - District 1 Carl G. Young, Sr. (Margle) Office/Home (940) 566-8790 321 E Mill St Cell (940) 391-9504 Denton, TX 76205 E-marl counc~ll@lglobal net Council Member -Dlstrtct 2 Neil Durrance (Demse) Office (940) 898-1975 1902 Williamsburg Row Home (940) 383-0355 Denton, TX 76201 Cell (940) 391-9503 E-mad Durrx3@lglobal net Fax (940) 381-2036 Council Member - District 3 M~ke Cochran (Lmda Lavender) Home (940) 387-0995 610 W Oak Cell (940) 390-4001 Denton, TX 76201 E-mall mcochran@lglobal net Council Member - District 4 Sandy Krastoferson (John) Home (940) 565-9801 912 Chiquita Cell (940) 390-3994 Demon, TX 76205 E-mall councll4~lglobal net Mayor Pro Tern Roni Beasley (John) Home (940) 387-7062 3106 Broken Arrow Denton, TX 76201 E-mall councll5@lglobal net Council Member Mark Burroughs (Anme) Office (940) 382-4357 15 Royal Oaks C~rcle Home (940) 381-0046 Demon, TX 76205 Cell (817) 368-1165 E-mail markborr~lobal net Fax (940) 591-0991 C~ty of Denton 2001 State Legislative Program Page 2 City Manager, City Attorney and Public Information Staff The Denton City Councd and staffwould be glad to provide ~nformat~on, research ~ssues and testify on the C~ty of Denton 2001 Legislative Program Municipal Offices: City of Denton 215 E. McKinney Denton, Texas 76201 www.c~ .tyofdenton.com Michael W. Jez Herb Prouty City Manager City Attorney (940) 349-8307 (940) 349-8333 David Hill Ed Snyder Assistant C~ty Manager Deputy C~ty Attomey Development Services (940) 349-8333 (940) 349-8314 Howard Martin Kathy L. DuBose Assistant C~ty Manager Assistant City Manager Utdltles Finance (940) 349-8232 (940) 349-8228 Jori Fortune John Cabrales Assistant City Manager Public Information Officer Pubhc Safety and (940) 349-8509 Transportation Operations (940) 349-8535 If you or your legislative staff needs assistance from Denton or has any questions concerning Denton's Legislative Priorities, please contact Dorothy Palumbo, Senior Assistant City Attomey/Leglslattve Coor&nator (940) 348-8393, (940) 382-7923 FAX, or emall dorothy, palumbo~cltyofdenton eom Betty Williams, Director of Management and Public Information (940) 349-8302, (940) 349-8596 FAX, or emall betty wilhams(~/cltyofdenton eom C~ty of Denton 2001 State Legislative Program Page 3 SOLtmONNO A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON'S 2001 STATE LEGISLATIVE PROGRAM, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Seventh-seventh Texas Legislature will convene ~n January, 2001, and WHEREAS, many legislative ~ssues affecting local government wall be considered, and WHEREAS, the C~ty of Denton has developed a legmlat~ve program for cons~deratmn by the Legislature, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the Cfly of Denton's 2001 State Legislative Program for the C~ty of Denton ~s adopted as set forth m Attachment "A", ~ncorporated here~n and made a part of th~s resolution for all purposes SECTION 2 That the Mayor and C~ty Council, C~ty Manager and the C~ty Attorney shall commumcate the ~tems ~ncluded ~n the state leg~slahve program to members of the Texas Legislature SECTION 3 That, for those ~tems designated as priority, the C~ty Attorney ~s d~rected to draft appropriate legislation, seek a sponsor, and actively pursue passage of such legislation by prowdmg testimony from the Mayor and C~ty Councd and C~ty staff and through other appropriate means SECTION 4 That, for those ~tems demgnated as support, the Mayor and C~ty Cotmcfl, C~ty Manager and the C~ty Attorney shall actively attempt to obtmn passage of the appropriate legislation ~f ~t ~s ~ntroduced by some other entity SECTION 5 That, for those ~tems designated as endorse by the C~ty of Denton or the Texas Mumc~pal League, the C~ty Manager and the C~ty Attorney are d~rected as t~me allows to communicate to appropriate ~nd~wduals the C~ty CouncWs general support of such legislation SECTION 6 That the C~ty Manager and the C~ty Attorney are d~rected to oppose any legislation which d~m~mshes the C~ty of Denton's home-role authority SECTION 7 Th~s resolutmn shall take effect ~mmedmtely from and after ~ts passage ~n accordance w~th the prows~ons of the Charter of the C~ty of Denton and ~t ~s accordingly so resolved PASSED AND AP.PR.QVED by a ~ammous 6-0 vote of the City Council with Mayor Brock absent, onthls the /t~;~lf~.~&dayof (~~ ,2001 RON~ BE^SLEYd~YOR ~O TEM ,~oku,m B~OC~:, M~YO~ ) M~Bm~o.s) ~O~C~m~E~ M~ COC~, COU~CILME~E~ A~ARGE .... [.._~/ / mSTaiCT 3 'CARL yOUNGi ~OUN L~ R D~ST~CT 1 ~r ~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 Denton's Legislative Priorities C~ty of Dent0n 2001 State Legislative Program Page 6 Denton's Legislative Priorities The City of Denton has adopted the following legislative issues as priority issues on January 16, 2001 The City Council of the City of Denton has met an workshops, partlmpated in legislative seminars and have had ~nput from city staff and vinous groups to set these priorities I. Development Issues and Fees Retain local control over development and development fees. Background Information: Denton has allocated staff resources and spent significant sums on development ~ssues We started the process by developing a WSlOn and growth management strategy We then used a Visual Quality Survey to find out what the citizens wanted Denton then spent two years developing the Denton Plan, 1999-2020 The plan IS formatted w~th policies, followed by goals and strategies that lead to implementation Sections of the plan deal with Land Use, The Street, Urban Design, Schools and undeveloped areas on the edge of the city Th~s plan has won numerous awards for its planmng strategies including Merit Award from the Society of Landscape Architects Comprehensive Planning Award and Visual Quality Survey Award from the Texas Chapter of the American Planning Association TML Excellence Award for the Visual Quality Survey Planning ProJect Award from the Midwest Chapter of APA We believe that visioning and growth management are best done at the local level Denton would not hke to see growth management mandated by the state What works in Denton may not work in other crees C~ty of Denton 2001 State Legislative Program Page 7 Support city's right to assess impact fees and to recover impact fees along state highways. Background Information: If Governor Bush had not vetoed H B 2045 last session, Denton would have lost in excess of $500,000 ~n ~mpact fees The citizens of Denton would have to make up the difference in mcreased ad valorem taxes This is sh~ft~ng the cost of new development to the taxpayers Denton beheves that these costs should be borne by the developers Over the next 10 years, Denton has proJected an additional cost of $60 mllhon to provide water and wastewater service for new development The current impact fee statute prohibits Denton from collecting ~mpact fees for development along state highways Most of our major thoroughfares are state and federal h~ghways, ~ncludmg US 380, US 377, US 77, and FM 2181, FM 1830, FM 426, FM 2449, FM 2499 as well as I 35E and I 35W Traffic continuously passes through Denton on these state and federal h~ghways to get to other parts of the metroplex Formerly, th~s traffic passed through mainly agricultural areas Now th~s traffic passes by dense residential and commercial development that ~s accessing the same narrow 2-lane h~ghways Denton has been aggressively pursmng federal and state h~ghway funds to help solve this problem But because of the ~mpact fee legislation, development that contributes to the problem does not pay any of the costs Denton urges our legislators to work to remedy th~s The Denton C~ty Council fully supports the compromise leglslat~on on ~mpact fees proposed by the Texas Municipal League C~ty of Denton 2001 State Legislative Program Page 8 Oppose legislation creating water districts in thc ETJ and enact legislation to require water districts to notify and receive permission from cities before forming. Background Information: Denton provides water and wastewater to its own citizens and also provides water and wastewater services through lnterlocal agreements with many smaller cities in Denton County Water is a limited natural resource and being able to meet its commitments for water supply is a priority with Denton Denton County does not need more water districts Fresh water supply corporations should have to receive permission from cities before forming There are 12 fresh water supply districts in Denton County The City of Denton has had problems with a fresh water supply district forming inside the city limits and had to file litigation Fresh water supply districts frequently have substandard infrastructure and cannot serve the development that the district projected at build out These systems are not required to bid competitively and are very expensive Developers will often structure the debt to include a bond balloon payment This balloon payment is usually due around the time the system is failing Cities are then pressured to take over the district through annexation and are forced to spend substantial sums to correct the problem This is the same problem Houston faced in the early 80s We urge legislators to consider amendments to the Texas Water Code to require that fresh water supply districts receive permission from cities before forming C~ty of Denton 2001 State Legaslat~vo Program Page 9 Amend state law to allow funding from the federal Lands, Conservation, Preservation and Infrastructure Improvement Program, H.R. 4578, signed by President Clinton on October 11, 2000 to pass through to local governments. Background Information: Denton urges you to support amendments to state law to prowde funding under H R 4578, s~gned by President Chnton on October 11, 2000 Th~s federal legislation estabhshes Federal and State Land Conservation Funding Programs, State and other Conservation Programs, Urban and H~stor~c Preservation programs, Additional payments ~n L~eu of Taxes to Local Governments and Coastal Dr~lhng Impact A~d It ~s ~mportant for Texas to have these funds In the past Denton made good use of these programs before funding deehned You can see the legacy of the programs ~n some of Denton's own most ~mportant recreational fac~ht~es, such as those at Lake Ray Roberts Amending state law to allow th~s funding for recreation and conservation easements w~ll ensure that Denton and other c~t~es ~n Texas can continue to offer first-rate park and recreation fac~ht~es to be enjoyed by all c~t~zens The Texas Recreation and Parks Society also support these amendments to state law C~ty of Denton 2001 State Legislative program Page 10 Additional Development Issues; Oppose legislation eroding city authority to regulate manufactured homes. Background Information: Denton has had to file ht~gat~on against property owners who have substandard manufactured homes that were ~n v~olat~on of Denton's development regulations Last session, the legislature considered H B 1193 As filed the b~ll concerned t~tle documems for manufactured homes and authorized a realtor to act as a manufactured home broker or sales person A floor amendment was added on m the house that removed the authority of C~tles to regulate the location of manufactured homes If that legislation had passed, Denton would not have been able to regulate the location of these substandard homes Th~s would have a negative ~mpact on neighboring property values Maintain current regulations for County Development Districts Denton County has approximately 11 County Development D~str~cts Under the current regulations, Denton County w~ll exceed the population cap for County Development D~str~cts Denton urges legislators to maintain current regulations and not ~ncrease the population cap C~ty of Dcnt0n 2001 State Legtslat~ve Program Page 11 II. Support Public Transportation Proposals made by the Regional Transportation Council and TX-21 Increase the level and availability of State transportation funding. Streamline the procedures of the Texas Department of Transportation to make it more efficient. Facilitate the creation and expansion of mass transit systems Background Information: Traffic congestion is a major problem in Denton We have several major highways running through our city identified on page 3, impact fee priority The Texas Municipal League has put together an excellent program to increase the level and availability of state transportation funding, and Denton is fully behind these efforts TXDOT procedures must be streamlined and a hard look at the development of mass transit systems in Texas is needed Denton's bond election of January 2000 included for the first time a significant amount of bond money for the study of mass transit systems If we ranked all of the economies and areas of the world, Texas would rank number 11 Texas has the second highest population in the United iStates Texas is in need of a first class transportation system to serve this economy and its citizens C,ty of Denton 2001 State Legislative Program Page 12 III. Tax and Finance Issues Oppose - Enacting a sales tax exemption that isn't a local option exemption. Oppose - Enacting a property tax exemption that would be a substantial erosion of the tax base. Support Internet Sales Tax Model Legislation. Increase direct state aid for Libraries. Background Information: Denton has many federal and state properties that do not contribute to ad valorem taxes In 1994 Denton passed a ½ cent sales tax for the reduction of property tax This means that we are heavily dependent on sales taxes Denton has lost over $200,000 annually in sales tax revenue as a result of the sales tax hohday Opting out of a sales tax hohday is not pohtlcally feasible for a mumc~pahty ~n an urban area, because shoppers would go to nearby c~t~es to take advantage of the sales tax hohday Expanding the sales tax holiday or adding additional ~tems other than school supplies or adding additional property tax exemptions would s~gmficantly impact Denton Denton asks legislators to be cautious in expanding the sales tax holiday Perhaps an amendment to the sales tax holiday law is necessary to add a sales tax holiday for school supphes or s~m~lar ~tems to accomphsh the original purpose of the legislation However, expanding the number of sales tax hohday days w~ll dramat~cally ~mpact cities We urge legislators to make the minor amendments to allow for school supphes to be exempt from sales tax during the sales tax holiday and to walt to make more amendments until after a study of the ~mpact on cities ~s complete Denton also supports model Internet sales tax legislation Items sold over the Internet should be taxed the same as Items sold within the city, so that one type of retailer does not have unfair advantage over another Finally, Denton supports increasing direct state aid for pubhc hbrarles as long as there are no grant conditions that prohibit non-resident fees C~ty of Dent0n 2001 State Legtslatlve Program Page 13 IV. Erosion of local control Oppose legislation limiting the ability of cities to control the rights-of-way and to collect franchise fees. Background Information. Under current federal or state law, no laws ex~st that reduces the authority of c~txes to exercise their pohce powers for the protection of the health, safety, and welfare of the pubhc ~n connection w~th the use of c~ty streets and r~ghts-of-way by telecommumcat~on companies and other entxt~es The types of regulations that c~t~es may ~mpose on ent~t~es that use the city's rxghts-of- way are numerous and w~ll w~thstand legal challenge because they are reasonably connected to protection of the health, safety, or welfare of the pubhc Denton urges the Legxslature not to adopt new leg~slatlon that hm~ts the ab~hty of c~t~es to control the r~ghts-of-way C~txes collect franchxse fees as compensation for the use of the r~ghts-of-way These fees reimburse the pubhc for the use of the r~ghts-of-way Denton urges the Legislature not to adopt legislation that hmxts the ab~hty of c~t~es to collect franchise fees C~ty of Denton 2001 State Legislat~ve Program Page 14 V. Support Denton 1SD Increase state funding for children with special needs in public schools. Background Information: Because of the location ~n our community of the Denton State School, the Nelson Center and other entlt~es that serve students w~th special needs, Denton has a d~sproport~onate number of such students, many of whose famlhes live elsewhere in Texas Denton ISD expenses exceed the state average for prowdmg educational services to specialized populations Denton c~t~zens make up th~s difference w~th local property taxes Adding to state funding formula criteria for school districts that are heavily impacted by exempt state and federal property. Background Information: Denton ISD includes the Umvers~ty of North Texas, Texas Women's Umvers~ty, Denton State School, FEMA, County government and other tax-exempt properties All of these ent~t~es feed students into Denton ISD w~thout concomitant tax payments Denton ISD is among the lowest-ranked area schools in terms of taxable value per student We urge you to consider these issues when looking at school funding formulas C~ty of Dent0n 2001 State Legislative Program Page 15 VI. Electric Legislative Issues Support any amendments to SB 7 that would have a beneficial effect on Denton Municipal Electric, (DME) Support legislation that would allow municipal utilities the opportunity to provide additional services should the municipal utility choose to do so. Background Information Currently, Cahforma ~s experiencing serious problems with the deregulation of electric services Many customers are now paying 250% increases on electric bills, and many areas are suffering power shortages and outages. Section 64 of S B 7 requires the Public Utility Commission to study and make recommendations by December 15, 2000 to the Legislature for additional legislation that would move to and estabhsh a competitive electric market in accordance with the changes made by S B 7 The commission concluded that no changes or additions should be made to S B 7 If the legislature considers amendments to S B 7, the Denton City Council asks that the legislature be cautious because of the problems that California is hawng As an operator of an electric ut~hty, the Denton Cny Council supports any amendments to S B 7 that would have a beneficial effect on Denton Municipal Electric In addition the Denton City Council supports legislation that would allow mumc~pal utlhtles the opportunity to provide additional services should the municipal utility choose to do so Cities should be allowed to provide additional services to their citizens like any other utihty Denton Municipal Electric has h~red a utdlty expert, Jim Boyle, to act on its behalf before the Texas Legislature vath regard to legislation affecting DME As bills are filed, DME and its representative will contact legislators to convey Denton's poslt~on to protect ~ts investment in DME, including its position as member of the Texas Municipal Power Authority C~ty of Dcnt0n 2001 State Legislative program Page 16 TEXAS MUNICIPAL LEAGUE PRIORITIES City of Denton 2001 State Lcglslattvc Program Page 17 TEXAS MUNICIPAL LEAGUE PRIORITIES The TML Board devel.o, ped the ~ Prl~,lty,,Pa. cka~g~ a .group. of ]nltlat!ves that, will receive the League s highest ellbrts tne tzny. o~ tJenton acuveiy partlclpatea in the TML.Leglslative Program and will actively pursue passage oflegislatlon concemlng these priorities 1. Deg at of an le islation that would, erode municit}al authori.tx, in an~e wav o~ t~t would otherwise be detrimental to cries, esl~eciaffy legislation that would: a Require crees to act as collection agents for state revenue b Erode the authority of cities to ~mpose impact fees, unless the TML Board agrees to compromise legislation c Erode_ the authority of cities to regulate the location of manulactured housing d Erode annexation authority e Expand state agency regulatory authority over cities 2. Passage of any legislation that would: a Consolidate all state court costs into one fee payable to the state b Create an interim study of the eqmty (or lack thereof) of local revenue sources for transportation projects c Amend current law to (1) increase the optional county vehicle registration fee for child safety from $1 50 to $3 00, (2) require a county to ~mpose a fee ~f requested by a city or reties whose total Oopulatlon exceeds 2/3 of the total l~opulatlon of the county, and [3J pro.hlb~t, a county from rescinding the fee after ~t has been adoptect in that manner d Allow a city to adjust its effective tax rate calculation to account for mandated (statutorflyqmposed) reductaons in general fund revenue e Ehm~nate or reduce the hablhty exposure of a mty for a claim based on a joint enterprise theory f Allow cities to enter into "design-build" contracts g Permit a city to implement a photographic traffic control system h Increase from $15,000 to $25~000 the procurement amount at which required to seek compet~tlve b~ds Cfiy of Denton 2001 State Legislative Program Page 18 NeXt Doeiument RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OPPOSING THE ISSUANCE OF A TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AIR QUALITY PERMIT TO MARTIN MARIETTA MATERIALS OF TEXAS, INC FOR AN ASPHALT/CONCRETE PLANT AT PROPERTY LOCATED ON MASCH BRANCH ROAD, AUTHORIZING THE MAYOR TO WRITE A LETTER OPPOSING THE GRANTING OF AN AIR QUALITY PERMIT FOR SUCH PLANT, AND DECLARING AN EFFECTIVE DATE WHEREAS, Denton County ~s the owner of a tract of real property located on Masch Branch Road, and there are other neighborhoods, including Ranch Estates, ~n close proximity to th~s location, and WHEREAS, Martin Marietta Materials of Texas, Inc ~s the owner of an adjacem tract of real estate upon which Martin Marietta Materials of Texas, Inc proposes to construct and operate an asphalt/concrete plant, and has submitted an apphcatmn to the Texas Natural Resource Conservation Commission (the "TNRCC") for A~r Quahty Permit #39266, and WHEREAS, Denton County ~s part of the Dallas/Ft Worth severe nonattmnment area for ozone pursuant to the 1990 Clean A~r Act Amendments, and WHEREAS, the Denton County Commissioners Court ~s taking action agmnst the ~ssuance of TNRCC A~r Quahty Permit #39266 The Denton County Commissioners Court, ~n 1998, passed a resolution opposing the ~ssuance of Atr Quality Permit #39266 to Mart~n Marietta Materials of Texas, Inc (then "Marock Incorporated") by the TNRCC because they beheve the operatmns of smd plant wall result m the emissions of carbon d~ox~de gas and other pollutants whmh will pose a threat to the health and safety of Denton County workers assigned to Denton County'slfuture Road and Bridge Facility Add~tmnally, the proposed plant would pose a threat to ground water, and the track traffic from the plant will adversely ~mpact the roads and safety of the residents of the area, and WHEREAS, the C~ty Council beheves that the ~mpact of the plant will also detrimentally affect neighborhoods near the proposed location of the plant, and deems ~t ~n the pubhc ~nterest to pass a resolutmn opposing A~r Quahty Permit #39266, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the C~ty Council hereby opposes the ~ssuance of A~r Quahty Permit #39266 to Martin Manetta Materials of Texas, Inc by the Texas Natural Resource Conservation ComnllSSlOn SECTION 2 That the Mayor ~s hereby authorized to write a letter to appropnate officmls of the TNRCC opposing the ~ssuance of A~r Quabty Permit #39266 to Mart~n Marietta MateriaL4 of Texas, Inc SECTION 3 That th~s resolution shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED thls the ~'~ dayof (_7~'~~ ,2001 EUL1NE BROCK, MAYOR MIKE COCHRAN, Counmlmember NEIL DURRANCE, Councdmember SANDY I~STO~S~, Counc,lmember c -o ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Resoluttons\01XMartm Marietta Opposmon To TNRCC Permit doc Page 2 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOR THE RUEHLE OFFICE, BEING AN APPROXIMATE 0 904 ACRE SITE LOCATED BETWEEN HELM STREET AND TEASLEY LANE AT 3490 TEASLEY APPROXIMATELY 1,400 FEET SOUTH OF BENT OAKS DRIVE, AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-018, RUEHLE OFFICE) WHEREAS, on March 2, 2000 the City Council adopted Ordinance No 2000-069 which Nonresidential Interim Regulations ), established certaan nonresidential interim regulations (the" " and WHEREAS, the Nonresidential Interim Regulations established, among other things, a project plan reqmrement, and WHEREAS, the owner of an approximate 0 904 acre tract of land zoned Office (O) and described as Lot 1, Block A of the Ruehle Office has made an application for approval of a project plan under the Nonresidential Interim Regulations, a copy of which is attached hereto as Exhibit "A" and made a part hereof by reference (the "Project Plan"), and WHEREAS, the City Council finds that the Project Plan, with the conditions imposed herein, if any, meets the requirements of the Nonresidential Interim Regulations, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ The Project Plan which is attached hereto and made a part hereof by reference, IS hereby approved ~ This resolution shall become effective immediately from and after its approval PASSED AND APPROVED tlus the_--(t9~ day of ~/~t~, ,2001 EULINE BROCK, MAYOR ATTEST JE ER WALTERS, CVY SECRETLY API~OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Z \§ENT Records\501 600\550\550 121400 dwg Landscape Plan 01/11/2001 10 44 47 Administrator HP Laser Jet 5000 ~ ~ Engineers or Next Document S \Our DocumentshResolut~ons\01\lNTERNET SALES TAX RESOLUTION doe RESOLUTION NO ~o~001-00~ A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING A SALES TAX ON PRODUCTS AND SERVICES PURCHASED ON THE INTERNET ENSURING EQUITABLE TREATMENT OF RETAILERS LOCATED IN THE CITY OF DENTON AND PRESERVING THE LOCAL SALES TAX BASE NEEDED TO DELIVER CITY SERVICES WHEREAS, state and local governments rely on sales tax revenues to pay for public serv1ces~ and WHEREAS, under current law, local retailers in the City of Denton are required to collect sales and use taxes on transactions regardless of whether they are conducted over-thc- counter, over the Internet, telephone or by marl order, while out-of-state or remote sellers are under no such obligation, and WHEREAS, the City of Denton has a local option sales tax that is a significant revenue source comprising 31% of the General Fund revenue stream that IS used to provide vital pubhc services and the City of Denton also receives state funds derived from sales tax to support a number ofpubhc services, and WHEREAS, nationwide, sales tax comprises nearly half of the tax revenues collected by states and dlstnbuted to local governments, and WHEREAS, the Internet Tax Freedom Act discriminates against citizens without Internet access because they will continue to pay sales tax on purchases from local stores, and WHEREAS, e-commerce retailers will experience an unfair tax advantage over local "Main Street" or bricks and mortar businesses if the Internet Tax Freedom Act is made permanent, and WHEREAS, charging sales tax for online purchases is not a NEW tax, and WHEREAS, the Advisory Commission on Electronic Commerce is consldenn§ proposals to address e-commerce related taxation issues, including one jointly submitted by the National Governors' Association, Council of State Governments, National Conference of State Legislatures, National Association of' Counties, US Conference of Mayors, National League of Cities, and International City/County Managers Assocmt~on entitled "Strcamhned Sales Tax System for the 21st Century", NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The City of Denton supports applying the same sales tax rules to products and services purchased on the Internet as those purchased through trathtional means ensunng equitable treatment of retailers located m Denton and preserving the local sales tax base needed to deliver caty services S \Our Doouments\Resolut~ons\01\INTEP, NET SALES TAX RESOLUTION doc SECTION 2 The City of Denton hereby opposes attempts by the Umted States Congress to enact further legislation to extend the moratorium and thereby pre-empt the authority of state and local governments SECTION 3 The C~ty of Denton hereby supports the "Streamhned Sales Tax System for the 21st Century" submitted on behalf of state and local government officials SECTION 4 That this resolution shall be of force ~mmed~ately upon its passage in accordance w~th the Charter of the City of Denton and ~t is accor&ngly so resolved SECTION 5 That the C~ty secretary shall submit th~s resolution to the Denton Congressional delegation and to such other part,es as appropriate PASSED AND APPROVED thls the ~ dayof ~t~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPR(~ED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY RESOLUTION NO ~00/~ 00~ A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTiNG FEDERAL FUNDING FOR AIRPORT DEVELOPMENT PROJECTS AT THE DENTON MUNICIPAL AIRPORT LOCATED IN THE CITY OF DENTON, TEXAS, AND PROVIDiNG FOR AN EFFECTIVE DATE WHEREAS, the Denton Mtmtmpal Airport was formally dedicated in 1947 and has served the citizens and businesses of Denton for the past fifty-three years, and WHEREAS, the Denton Municipal Allport is a key component of Denton's multi-modal transportatnon system, and WHEREAS, the Denton Mumclpal A~rport has experienced significant growth in mr traffic for the past four years, and WHEREAS, private development has contributed to more than $3 5 million ~n famhty development over the past four years, and WHEREAS, the Denton MUmclpal Airport serves as an anchor for a major industrial development area in Denton, and WHEREAS, the Denton Mummpal Airport's reliever status helps relieve congestion at the Dallas-Fort Worth International Airport and serves as a gateway into the commumty, and WHEREAS, the citizens of Denton have approved a bond program that includes $720,000 for airport improvements and can be used as matching funds for federal grants for certmn mrport development projects, and WHEREAS, The Airport Advisory Board recommends that the City of Denton support funding from the Federal Aviation Administration for the improvement and construction of certmn capital projects to increase the safe and efficient operation of the Denton Municipal A~rport, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ,qF.{'2TIC)N 1. The Council of the City of Denton supports Federal funding fi.om the Federal Avmtion Administration relating to certmn mrport development projects SF. C2iO_hI_~ That this resolution shall be of force immediately upon its passage in accordance w~th the Charter of the City of Denton and ~t is accordingly so resolved SECTION 3 That the City Secretary shall submit th~s resolution to the Denton Congressional delegation and to such other parties as appropriate EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN LOCATED WITHIN A GENERAL RETAIL (GR) DISTRICT, BEING AN APPROXIMATE 1 05 ACRE SITE LOCATED ON THE WEST SIDE LOOP 288, LESS THAN 500 FEET SOUTH OF MCKINNEY IN THE CITY OF DENTON, TEXAS, AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-015, JACK IN THE BOX RESTAURANT) WHEREAS, on March 2, 2000 the City Council adopted Ordinance No 2000-069 which established certam nonresidential interim regulations (the "Nonresidential Interim Regulations"), and WHEREAS, the Nonresidential Interim Regulations established, among other things, a project plan reqmremcnt, and WHEREAS, the owner of an approximate 1 05 acre tract of land zoned General Retail (GR) located on the west s~de of Loop 288 less than 500 feet south of McK~nney in the C~ty of Denton, Texas has made an application for approval of a project plan under the Nonresidential Interim Regulations, a copy of which ~s attached hereto as Exhibit "A" and made a part hereof by reference (the "Project Plan"), and WHEREAS, the City Council finds that the Project Plan, with the conditions imposed herein, if any, meets the requirements of the Nonresidential Interim Regulations, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Project Plan which is attached hereto and made a part hereof by reference, is hereby approved, subject to the following conditions 1 Lighting on the property shall be designed and mmntmned so as not to sh~ne and project upward to prevent the diffusion into the night sky 2 The pole s~gn shown on the Project Plan shall be replaced with a monument s~gn havmg an effective area of no greater than 50 square feet and a maximum height of 7 feet SECTION 2 This resolution shall become effective immediately from and after its approval / PASSED AND APPROVED th~s the ~/~ day of ~/~_~ ,200J~ EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITYiSECRETARY APPROVED AS TO LEGAL FORM BY ~'""'~/// ~ PAGE 2 EXHIBIT A LEGAL DESCRIPTION COMMENCING at a found wooden nght-of-way marker at the tntersect~on of the south d~agonal comer chp of McKanney Street aka FM 426 (100'w~de right-of-way) and the west right-of-way of Loop 288 (120'w~de right-of-way), smd ~ron rod being also the most easterly northeast comer of Lot 1, Block 1 of Loop 288 Centre, an add~tmn to the City of Denton recorded m Cabinet K, Page 208 m the Plat Records of Denton County, Texas, THENCE South 01 degrees 15 minutes 00 seconds West for a d~stance of 213 00 feet along the west line of Loop 288 to a found ½ inch ~ron rod for the POINT OF BEGINNING, THENCE South 01 degrees 15 minutes 00 seconds West for a dmtance of 175 50 feet contmmng along the west hne of Loop 288 to a set V2 tnch ~ron rod w~th C&P cap, THENCE North 88 degrees 45 minutes 00 seconds West, for a dmtance of 259 94 feet to a set V~ ~nch ~ron rod w~th C&P cap, THENCE North 00 degrees 50 minutes 09 seconds East, for a d~stance of 175 50 feet along the west s~de of smd 2 097 acre tract and along the east s~de of Lot 4, Block 1 of Loop 288 Centre, an add~tmn to the Caty of Denton recorded in Cabinet I, Page 233 tn the Plat Records of Denton County, Texas to a found V2 inch ~ron rod, THENCE South 88 degrees 45 mxnutes 00 seconds East, for a dtstance of 261 21 feet along the south s~de of said Lot 1 to the POINT OF BEGINNING, and containing 45,730 square feet or 1 0498 acres of land more or less gg~ dO01 RESOLUTION NO ~'~001- A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOR TEMPLO VIDA NUEVA CHURCH, BEING AN APPROXI1VIATE 1 464 ACRE SITE COMMONLY KNOWN AS 2417 BERNARD STREET LOCATED APPROXIMATELY 90 FEET SOUTH OF THE INTERSECTION OF PARVIN STREET AND BERNARD STREET, AND PROVIDING FOR AN EFFECTIVE DATE (SP- 00-020, TEMPLO VIDA NUEVA CHURCH) WHEREAS, on March 2, 2000 the City Council adopted Ordmance No 2000-069 whmh estabhshed certam nonremdentml interim regulatmns (the "Nonresldentml Interim Regulations"), and WHEREAS, the Nonresidential Interim Regulatmns estabhshed, among other thmgs, a project plan requirement, and WHEREAS, the owner of an approximate 1 464 acre tract of land zoned smgle-famfly7 (SF-7) and described as Lot l, Block 1 of the Templo Vlda Nueva Addition has made an apphcatmn for approval of a project plan under the Nonresidential Interim Regulations, a copy of which ~s attached hereto as Exhibit "A" and made a part hereof by reference (the "ProJect Plan"), and WHEREAS, the City Council finds that the Project Plan, with the conditions imposed herein, ~f any, meets the requirements of the Nonresidential Interim Regulations, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The ProJect Plan which ~s attached hereto and made a part hereof by reference, IS hereby approved, subject to the following conditions An access drive shall be provided between the two parking areas along the Bernard Street stde of the ProJect Plan S~CTION 2 This resolution shall become effective immediately from and after its approval PASSED AND APPROVED thls the /~ dayof ~e~ ,2001 EULINE BROCK, MAYOR ATTEST JENN~ER WALTERS, CI7 SECRETARY PAGE 2 RESOLUTION NO (~0/- ~)q A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A NONRESIDENTIAL PROJECT PLAN FOR A FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) OFFICE BUILDING, BEING AN APPROXIMATELY 11 688 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF KIMBERLY LANE AND KARINA LANE, AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-021) WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 winch established certain nonresidential interim regulations (the "Nonresidential Interim Regulations"), WHEREAS, the Nonresidential Interim Regulations established, among other things, a project plan reqmremant, and WHEREAS, the owners of an approximately 11 688 acre tract of land zoned Light Indusmal (LI) and dascnbed as 11 688 acres of unplatted land in the M E P & P R R Survey, Abstract No 927, in the c~ty of Denton, Denton County, Texas, have made application for approval of a project plan undet the nonresidential Interim Regulations, a copy of winch is attached hereto as Exinb~t "A" and made,a part hereof by reference (the "ProJect Plan"), and WHEREAS, the City Council finds that the Proj eot Plan, with the conditions imposed herein, if any, meets the reqmrements of the Nonresidential Interim Regulations NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Project Plan is hereby approved SECTION 2 Tbas resoluUon shall become effective immediately fxom and after ~ts approval PASSED AND APPROVED this the _~ day of ~/,7~. ,200~ EULINE BROCK, MAYOR ATTEST JENNIFI~R WALTERS, CITY SECRETARY Page 1 of 2 APPROVED AS TO LEGAL FORM Page 2 of 2 I I jJ I1[11 II Ii ! / ~ / A RESOLUTION AUTHORIZING THE STEERING COMMITTEE OF NORTHWEST METRO/MID-CITIES DISTRIBUTION SYSTEM CITIES TO RETAIN LEGAL COUNSEL AND RATE CASE CONSULTANTS, AUTHORIZING THE CITIES TO INTERVENE IN RELATED DOCKETS BEFORE THE TEXAS RAILROAD COMMISSION, AND SUSPENDING THE PROPOSED TARIFF AND SCHEDULE OF RATES OF TXU ELECTRIC AND GAS COMPANY, ADOPTING FINDINGS IN THE PREAMBLE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, TXU Gas D~stnbutlon, a division of TXU Gas Company, ("TXU") on February 16, 2001, filed a Statement of Intent to Change Rates with individual cities for an increase In rates, and WHEREAS, TXU has proposed that the change in gas rates would become effectnve March 23, 2001 and, according to TXU, this change in rates would mcrease TXU's annual revenue by $10,106,000 or 5 1% in the Northwest Metro/Mid Cities Dnstnbutlon System including a $1,054,474 increase or an increase of 7 52% to customers wnthm the City of Denton, and WHEREAS, the City of Denton, Texas, is a regulatory authority having a statutory duty to participate m such proceedings and whose citizens will be substantnally affected by the rates established as a result of such proceedmgs, and WHEREAS, the City of Denton, Texas, is entitled to be reimbursed for ~ts reasonable expenses, pursuant to the Texas Gas Utthtnes Regulatory Act, and WHEREAS, the Steenng Committee of Northwest Metro/Mld-Cltnes Dnstnbutmn System Citrus has been formed to facthtate and coordinate the partmlpatmn of cntles m the servme area of TXU Gas Company m these rate proceedings, and WHEREAS, after havmg considered mformatmn from TXU, nt m the opmlon of the Cnty Counml of the City of Denton, Texas, that the proposed Schedule of Rates should be suspended for a period of mnety (90) days from the effectnve date stated m TXU's Statement of Intent or other documentation, as lmtlally filed or hereafter revmed, for further study, investigation, presentation of credence and pubhc hearing, and WHEREAS, it ns ~n the public nnterest to jmn wnth other cntles to review such filing and present evidence as may be appropriate before the Texas Radroad Commission, all as directed by the Cltnes' Steenng Commnttee, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City Council of the City of Denton, Texas, authorizes the Steenng Committee of Northwest Metro/Mld-Cxtles Distribution System Cities, of which the City of Denton, Texas, is a participating member, to retain legal counsel and engage rate case consultants, and to intervene on behalf of the City of Denton, Texas, an related dockets and appeals SECTION 2 That the City Council authorizes the City Manager to hare Diversified Utahty Consultants, Inc to review the Steenng Committee's consultants findmgs with respect to the C~ty of Denton service area SECTION 3 In order to allow the City of Denton, Texas, sufficient time to analyze and prepare for a hearing and a decision on any requested rates, the City Council of the City of Denton, Texas, hereby suspends the operation of the proposed tariffs and Schedule of Rates, which would otherwise go into effect for a period of ninety (90) days from the effective date stated in TXU's Statement of Intent, or other documentation, as lmtlally filed or hereafter rewsed, I e, suspension tmtfl m~dmght, June 21, 2001, and for such additional period of ttme as may be necessary and authorized by law Dunng such period of suspension, the rates in force shall be those rates m effect when the suspended schedule was first filed and shall continue in force until finally approved, modified, or denied by the City Council SECTION 4 The City of Denton, Texas, should jom with other part~cipatmg cities to review such filing and to ~ntervene before the Texas Railroad Commission, subject to the right to terminate such partampatlon at anytime by written notice and to act independently m the exercise of local regulatory authority SECTION 5 The City Secretary shall cause copies of this resolution to be sent to the TXU representative Steve Taylor, Area Manager TXU Electric and Gas Company 100 West Mulberry Street Denton, TX 76201 and to Mr Jay B Doegey City Attorney City of Arlington Post Office Box 231 Arlington, Texas 76004-0231 for forwarding to the Steenng Committee of Northwest Metro/Mld-C~ties Distribution System Cities Page 2 of 3 SECTION 6 That all of the declarations and the findings contmned ~n the preamble to this resolution are made a part hereof and shall be fully effective as a part of the resolved subject matter of th~s resolutmn SECTION 7 That th~s resolution shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED thls the ~ dayof ~ff~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 3 of 3 IXU NORTHWEST METRO/MID CITIES DISTRIBUTION SYSTEM * Test Year ending 09 30 00 EXECUTIVE SUMMARY Rate Case Filed February 16, 200'I * Includes Addison, Argyle, Arhngton, Aubrey, Bedford, CarrolRon, Colleyvdle, Coppell, Copper Canyon, Corinth, Cross Roads, Dalwortlnngton Gardens, Denton, Double Oak, Euless, Farmers Branch, Flower Mound, Grapewne, Hickory Creek, Highland Vdlage, Hurst, Irving, Justin, Keller Krum, Lake Dallas, Lewiswlle, Lincoln Park, Mansfield, Marshall Creek, Northlake, Pantego, Pilot Point, Ponder, Roanoke, Sanger, Shady Shores, Southlake, Trophy Club, and Westlake NORTHWEST METRO/MID CITIES DISTRIBUTION SYSTEM TXU Rate Filing Overview "*~ Proposed Northwest Metro/Mid Cities Distribution System increase is $10.16 million or 5.1% Changes in customer bills will vary; the average residential increase is about $1.50 per month Northwest Metro/Mid Cities Distribution System net plant investment has increased $52.3 million or 46.5% - Operating expenses increased 15%, primarily due to costs associated with increased plant investment, e.g. depreciation and property taxes. Northwest Metro/Mid Cities Distribution System's return on investment is currently 7.4%, proposed return on investment is 9.69% Proposed effective date of rate change is March 23, 2001 Last rate change occurred between August 1982 and December 1998 - Proposed adjustments for weather (WNA) 2 NORTHWEST METRO/MID CITIES TXU DISTRIBUTION SYSTEM ,.,~ Proposed Ratelncrease INCREAS E/(DECREAS E) SYSTEM BY RATE CLASS $ % Res~dental $5,769,630 4 80% Commercial $2,713,274 3 70% Industrial $1,824,695 36 87% Serwce Charges ($150,790) -13 95% Total $10,156,809 5 09% 3 NORTHWEST METRO/MID CITIES DISTRIBUTION SYSTEM Proposed Revenue Increase (Decrease) by Classes TXU Increase / (Decrease) C~ty Name Residential Commercial Industnal Serv Chrg Amount Percent Add,son $67,341 $167,293 $10,029 ($1,978) $242,686 5 33% Argyle 1,898 603 $0 498 2,999 I 35% Admgton 852,183 393,707 $220,972 (36,099) 1,430,763 4 15% Aubrey (10,312) 663 $0 (1,050) (10,700) -4 25% Bedford 145,478 47,963 $16,513 (3,948) 206,005 3 99% Colley~lle 72,125 8,231 $0 (3,743) 76,613 I 52% Coppell 64,479 13,876 $0 (6,359) 71,995 I 03% Copper Canyon 192 0 $0 (24) 168 I 54% Connth (119,884) (6,328) $11,216 (996) (115,992) ~5 77% Cross Roads (224) 203 $0 (2) (23) -0 43% Dalworth,ngton Gardens 7,841 _1_, 8__87_ $_0_ .... (3_ 6_1) .....9,366 ____2_25% Denton ........... ~9~1~5~1 -- 160,062 $230,214 (27,393) 1,054,474 7 5;5% - Double Oak 2,807 35 $0 (206) 2,635 '1-96~o Euless 141,700 46,091 $39,287 (4,242) 222,836 5 00% Farmers Branch 315,455 155,932 $177,192 (5,512) 643,066 8 27% Flower Mound 239,059 11,820 ,$43,533 (12,814) 281,598 2 85% Grand Prame 10,454 3,107 $0 (939) 12,622 1 16% Grape~ne 223,456 115,523 $68,380 (7,055) 400,303 4 62% H~ckory Creek 5,277 278 $0 (482) 5,074 1 96% H~ghland Vdlage 64,790 1,805 $0 (2,627) 63,969 2 33% Hurst 199,629 42,084 $22,459 1,996 266,169 4 80% In, rig 1,111,725 935,474 $333,943 11,358 2,392,501 7 71% 4 NORTHWEST METRO/MID CITIES DISTRIBUTION SYSTEM TXU Proposed Revenue Increase (Decrease) by Classes Increase / (Decrease) City Name Residential Commemlal Industnal Serv Chrg Amount Percent Jushn (9,143) 3,826 $0 (286) (5,603) -1 85% Keller 162,442 8,545 $10,256 (6,968) 174,275 3 55% Kmm 14,888 2,857 $0 1,079 18,825 6 27% Lake Dallas 17,803 864 $0 391 19,059 2 60% Lewlsv~lle 119,164 41,512 $146,517 (14,088) 293,105 2 75% Lincoln Park (11,311) (331) $0 53 (11,589) -25 06% Mansfield 113,718 27,525 $61,904 (4,580) 198,567 6 24% Marshall Creek 6,924 232 $0 162 7,318 24 06% Nodhlake 0 0 $0 2 2 8 67% Pantego 13,711 6,039 $4,202 (615) 23,337 4 19% P~lot Point (23,695) 4,891 $0 165 (18,639) -2 92% Ponder 4,897 4,913 $3,516 239 13,565 9 46% Roanoke 34,517 15,913 $0 809 51,239 18 54% Sanger (17,389) (4,548) $0 1,757 (20,181 ) -3 09% Shady Shores (14,221) (124) $0 (186) (14,531) -6 70% Southlake 70,152 12,364 $6,950 (5,602) 83,864 I 36% Trophy Club 16,641 206 $0 (756) 16,091 3 21% Westlake 3,534 2,481 $0 (119) 5,896 2 62% Other 1,180,695 485,624 $417,031 (20,269) 2,063,081 8 16% Total Revenue $5,770,390 $2,713,097 $1,824,113 ($150,790) $10,156,810 5 09% 5 NORTHWEST METRO/MID CITIES DISTRIBUTION SYSTEM TXU Residential & Commercial Bill Comparison COMPARISON OF RATE STRUCTURE PRESENT PROPOSED , Note WINTER SUMMER Residential Customer Charge per month Range $2.81-$8.44 $2 81-$8 44 $8 0000 All Volume - Margin per Mcf Average $1 4694 $1 4094 $0.9903 Commercial Customer Charge per month Range $6 06-$14.44 $6 06-$14 44 $14 0000 All Volume - Margin per Mcf Average $1 5710 $1 2710 Consumphon Charge per MCF: First 20 Mcf-Margln per Mcf Average $1 3380 $1 3380 $1 3694 Next 30 Mcf-Margm per Mcf Average $1 0380 $1 0380 $1 0694 Over 50 Mcf-Margm per Mcf Average $0 8880 $0 8880 $0 9194 Gas Cost per Mcf- Adjusted $5 0514 $5 0514 $5 0514 COMPARISON OF A TYPICAL BILL PRESENT PRESENT .CHANGE WINTER SUMMER PROPOSED WINTER SUMMER Res at 5 MCF $39 32 $38 87 40 45 1 13 1 58 Corn at 30 MCF $20677 $20456 21556 879 11 00 NORTHWEST METRO/MID CITIES DISTRIBUTION SYSTEM TXU Rate Filing Comparative Data ~"' PRIOR CASE PROPOSED CHANGE * 12 months ended (9-00 TEST YEAR) * Dec. 31,1997 % CUSTOMERS Residential 188,639 218,587 29,948 16% Com merclal 21,784 20,010 (1,774) -8% Industrial/Transport 264 361 97 37% Total 210,687 238,958 28,271 13% SALES VOLUME IN MCF ~n (000) Res~denhal 13,656 16,226 2,570 19% C o m m erc~al 10,988 11,254 266 2% Industrial/Transport 8,404 8,837 433 5% Total 33,048 36,317 3,269 10% OPERATING EXPENSES ~n ($000) Labor $ 8,608 $ 7,417 $ (1,191) -14% Other Expenses $ 10,545 $ 14,662 $ 4,117 39% Total $ 19,153 $ 22,079 $ 2,926 15% NET PLANT INVESTMENT $ 112,616 $ 164,949 $ 52,33346°/° in ($000) 7 NORTHWEST METRO/MID CITIES DISTRIBUTION SYSTEM ~ TXU Rate Filing Investment Summary · From January 1998 through September 2000, TXU Gas D~stnbution has invested $65.7 million of new capital in the Nodhwest Metro/Mid Cities Distribution System · Net Investment has increased 46.5% · Related Depreciation & Taxes Increase $4.7 milhon - Economic Growth $ 20.8 mdhon - Service L~nes & Meters $15.4 mdlion - Relocations $10.1 mdhon - Safety/Replacements $ 6 mdl~on - Total $ 52.3 milhon 8 NORTHWEST METRO/MID CITIES DISTRIBUTION SYSTEM ~?~ TXU Rate Filing Return on Invested Capital ~ 1 0.00% 97 ~c 9.69% 8.00% ?~ 6.00% 4.00% ,~ ~ 2.0 0 % ~ ~!;~ !~.~ ,~ 0.00% ' ' Authorized in Currently Being Proposed GUD9145 Earned 9 RESOLUTION NO /~C~IQ/- ~// A RESOLUTION ALLOWING THE DENTON PUBLIC LIBRARY TO PARTICIPATE IN THE TEXSHARE LIBRARY CARD PROGRAM WHICH ALLOWS RECIPROCAL BORROWING PRIVILEGES TO THE PATRONS OF THE TEXSHARE LIBRARIES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Texas State Library and Arebaves Commission is authorized to establish and mamtmn the Texshare consortium as a resource shanng consortium (Tex Gov't Code § 441 222), and WHEREAS, the Denton Pubhe L~brary desires to participate in the Texshare Library Card Program which allows for the free reciprocal borrowing privileges to the patrons of Texshare Libraries, and WHEREAS, the city council finds that participation m the Texshare Library Card Program serves the public interest to promote and facilitate access to information, commumcatlon, and research among the eommumt~es served by Texshare Libraries, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City Council of the City of Denton authorizes the Denton Public Library to participate in the Texshare Library Card Program under the terms and conchtlons set forth in Exinblt A, winch is incorporated by reference as if it was fully set forth herein SECTION 2 That this resolution shall become effective lmmechately upon its passage and approval 2oo EULINE BROCK, MAYOR PAGE 1 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY E ~DOCS\RES\TSLAC Texshare doc PAGE 2 TEXSHARE LIBRARY CARD PROGRAM Introduction The TexShare hbranes, adopting a common goal to promote and facilitate access to information, communication, and research among their communities, will extend free reciprocal borrowing privileges to each other's patrons, so they may have direct, personal access to materials that are not available at the home hbrary The covenants listed below are intended to accomplish this goal This Agreement became effective March 10, 2000 Several points should be emphasized before the covenants of this Agreement are set forth The covenants are intended to be manlmums Any TexShare library is free to expand the privileges it wishes to offer, but it should not do so in the expectation that other libraries will do likewise This Agreement is not intended to supplant other agreements between or among hbranes, nor is it intended to be the only agreement of this kand which is permatted between or among hbranes of like interest or common concern It is hoped that the on site privileges extended to a borrower from another library will be as close as possible to the privileges the lending library extends to its own borrowers This Agreement should m no way be interpreted as confemng rights on any borrower The agreement is for privileges that may be revoked at any time by the borrower's home library or withheld by the lending library THE AGREEMENT 1 SCOPE The hbranes to which this Agreement applies are the main and branch hbranes constituting each TexShare library B The individuals to which this Agreement applies are the patrons of each participating TexShare library C The term patron refers to lnahviduals identified and/or defined as such by their home library 2 PRIVILEGES An eligible patron of a TexShare library may use the collections of any TexShare hbrary on s~te, and, upon completion of the borrower's agreement and with proper ldentlhcat~on, borrow materials that they may take away with them Any individual known to have outstanding charges at his/her home library may be denied the right to participate in the TexShare Card program Partmlpatlng hbranes have agreed to honor the TexShare card While hbranes may implement their own policies and procedures for lending to TexShare borrowers, and may set chfferent lending policies for these categories of users (public, undergraduate student, graduate student, faculty, staff), participants may not establish policies which have the effect of prohibiting use by patrons from any type of TexShare member library (acaden'ac or public) 3 RESPONSIBILITIES OF BORROWERS Eligible patrons will A Obtain and s~gn the TexShare Card which constitutes the agreement specifying the pnwleges and obhgatlons associated with participation in the program and agree to comply w~th the terms and conditions of participation set out in the borrower's agreement B Present appropriate identification as required by this Agreement and the lending library C Observe the regulations of the lenchng hbrary D Return materials m person or by first class, insured mml within the loan period prescribed by the lenchng library E Return materials immediately in person or by a form of priority mml if recalled by the lending library F Pay fines or any other charges assessed by the lending library, including, but not hrmted to, charges ~ncurred as the result of late return, damage, or loss of materials Surrender the TexShare Card to TexShare hbrary staff if requested 4 RESPONSIBILITIES OF LIBRARIES A Each library will mmntmn on the TexShare WEB a current record of pnwleges and hmltatlons applicable to this Agreement, mcluchng collections or types of materials not subJeCt to the borrowing privileges conferred under this Agreement, so a prospective borrower may become acqumnted with the regulations of the lending hbrary B Eligible borrowers may request from their home library an authorized TexShare Card to present as identification at other TexShare hbranes Libraries may refuse to issue TexShare Cards to borrowers with outstanding charges at their home library or outstanding charges at any other TexShare library C Lending hbranes will take avmlable and appropriate actions, lncluchng umely notfficatlon to the home library, to recover payment from delinquent borrowers D Home hbranes will employ avmlable and appropriate means to recover payment from borrowers if lending hbranes are unsuccessful in recovenng such charges Home hbranes will take appropriate action with regard to delinquent borrowers, lncluchng suspension of privileges extended under this agreement or any other measures deemed appropriate and consistent with local library practice E If lending hbranes fml to receive payment from borrowers for lost or damaged materials, home hbranes will reimburse lending hbranes for obhgat~ons outstanchng longer than six months Reimbursement will cover the cost of materials only 5 IDENTIFICATION OF ELIGIBLE BORROWERS Identification of patrons eligible for privileges under this Agreement will be by a TexShare Card The expiration date is set by the home library, but is not to exceed one year from date of issuance The card will be signed by the director of the home library (or his/her designee) and the borrower The lending library may also require other identification and may issue its own identification card to be used in conjunction with the TexStlare Card Borrowed items lent by the lending library after the expiration date established by the home library are the responsibility of the lending library 6 LIAISON AND PROBLEM RESOLUTION Each library will appoint a hmson for the TexShare Library Card Program Duties of the liaison include promoting the program locally, makang available copies of the program's guidelines and other mformat~on, ~nsunng that the library's policies with regard to this program are ma~ntmned on the TexShare Web, maintaining a supply of TexShare Cards, adrmmstenng the program at the library, and resolving individual problems Problems or issues of a broader scope should be resolved among library directors or their designees 7 REVIEW AND ASSESSMENT Each hbrary will mmntmn, to the extent possible, the following statistics Number of TexShare cards ~ssued, Number of ~tems mmulated to TexShare card ws~tors, Number of TexShare vts~tors registered for borrowing privileges, Number and monetary value of lost and damaged materials paid for by borrowers, Number and monetary value of lost and damaged materials prod for by home hbranes This information will be reported annually to TexShare staff who will compile these staust~cs and assue reports on program use on an annual basis Th~s Agreement will be reviewed annually by the appropriate TexShare Worlong Group Th~s group will make recommendations to TexShare staff on any needed mod~flcauons to the program S \Our Documents~Resolut~ons\Ol\UNT Eng~neenng Support Resolutmn doc AN RESOLUTION OF THE CITY OF DENTON TEXAS SUPPORTING THE ~Q~ST OF THE ~VERSITY OF NORTH TE~S TO THE TEXAS HIGHER EDUCATION COO~AT~G BO~ TO G~NT AUTHO~TY TO ~PLEMENT ~ERG~UATE ~ G~UATE ENG~EE~G EDUCATION~ ~SE~CH PROG~S, A~ DECL~G AN EFFECTIVE DATE ~E~AS, th~ No~h T~xas re~on ~s c~ently th~ th~r~ l~gest h~gh t~ch re~on m ~ Umt~d States, after ~ Sfl~con Valley ~d Boston, ~d ~E~AS, accora~n~ to pu~hcaUons ~om th~ ~m~ El~c~omcs Association, th~ No~h C~n~ T~x~ Co.cfi of Gov~nts, th~ T~xas Workforce Co~ss~on, ~d th~ T~xas Admso~ Co~c,1 on the Dlg,tal Economy, ~e projected ~o~h rate for jobs ,n the science ~d engmeenng professaons m the No~h C~al Texas Workforce Developm~t ~ea ~s projected to increase by 45 percent be~een 1998-2008, trmslat~ng into the need for ~ ad&t~onal 6,650 college level ~aduates, ~d ~E~AS, Tom Eng~bous, ~e Chief Executive O~cer of Tex~ Instants, has smmmzed ~e mmn points of the aforemenuoned stu&es ~d repons by advocating that "We should set ~ ag~esslve go~ that Tex~ ~xvers~t~es double the output of elecmcal engmeenng ~d computer seaence majors ~d also enco~age tec~cal talent at ~o-ye~ colleges to move ~nto a fo~-ye~ pro~s," ~d ~AS, also aceordxng to Mr Eng~bous, "T~ou~out the Umted States semiconductor indus., ~ average of ten percent of all Jobs - about 500,000 - ~e vac~t ~d looking for e~dates," ~d ~AS, while seeing as ~e L~euten~t Governor of Texas, c~ent Governor ~ck Pe ubhcly promoted ~e cnt~c~ role of h~gher educaUon m prov~&ng a tec~mally prepped ~ P st s workforce ~ough creation of ~e Tex~ Senate Special Commission on 21 Cent~ College ~d Umvemtles, ~d ~E~AS, The Unlvers~ty of No~h Texas continues to a~ract new s~dents at a ~eater rate th~ ~y other umverm~ m ~e Dally- Fo~ Wo~h ~ea, ~E~AS, the Umvers~ty of No~ Texas ~s alreMy reco~zed for ~ts strengths ~n h~ly &sc~phn~ science and tec~ology fields, ~d proposes to offer eng~neenng bachelors ~d graduate de~ees ~n fields &r~tly related to the state's workforce needs, p~eul~ly ~n the Dallas-Fo~ Wo~h region s \Our Docu~nts~esolutmns\Ol\UNT Engineering Suppo~ Resolution doe 1 WHEREAS, C~ty of Denton desires to support University of North Texas in its efforts to ~mplement undergraduate and graduate engmeenng education and research programs THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City of Demon does formally support the request of the Umverslty of North Texas to the Texas Higher Education Coordinating Board to grant authority to implement undergraduate and graduate englneenng educational and research programs SECTION 2 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the.6~/'~ dayof ~~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Next Document RESOLUTION NO ~)~)/- ~)/J A RESOLUTION OF TIlE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOR JOHNNY CARINO'S COUNTRY ITALIAN RESTAURANT, BEING AN APPROXIMATE 1 563 ACRE SITE LOCATED ON TIlE NORTH SIDE OF 1-35 BETWEEN FT WORTIl DRIVE AND TEASLEY LANE, AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-019, JOHNNY CARINO'S COUNTRY ITALIAN RESTAURANT) WHEREAS, on March 2, 2000 the C~ty Council adopted Ordtnance No 2000-069 wNch estabhshed certain nonres~dentml interim regulations (the "Nonres~dentml Interim Regulattons"), and WHEREAS, the Nonresidential Interim Regulattons estabhshed, among other things, a project plan reqmrement, and WHEREAS, the owner of an approxamate 1 563 acre tract of land zoned Commercial (C) and described as Lot 1, Block A of Centre' Place has made an apphcat~on for approval of a project plan under the Nonremdentml Interim RegulaUons, a copy of whmh ~s attached hereto as ExNNt "A" and made a part hereof by reference (the "ProJect Plan"), and WHEREAS, the C~ty Council finds that the ProJect Plan, w~th the conditions ~mposed hereto, ff any, meets the reqmrements of the Nonres~dentml Interim Regulations, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The ProJect Plan whmh ts attached hereto and made a part hereof by reference, ts hereby approved, subject to the following condition Landscaping along the 1-35 s~de of the site shall be ~ncreased as shown by the drawings submitted by the apphcant at the April 3, 2001 C~ty Council meeting, whmh shall be incorporated anto the ProJect Plan SECTION 2 TNs resolution shall become effective ~mmedmtely from and after tts approval PASSED AND APPROVED this the &a~5_ day of ~J , 200}~ EUL1NE BROCK, MAYOR ATTEST JENI~FER W.ALTER~S, C~FY SECRETARY PAGE 2 S \Our Documentsh~.esolut~ons\O I\GC 1 Resolution doc A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING LEGISLATION THAT WOULD ALLOW THE CREATION OF A COUNTY TRANSPORTATION AUTHORITY, TO PROVIDE PUBLIC TRANSPORTATION AND RELATED TRANSPORTATION SERVICES TO DENTON COUNTY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty of Denton, C~ty of Lew~svflle and Denton County have h~stoncally prowded sub$~&zed tranmt servmes for their residents, and, WHEREAS, the C~ty of Denton and the C~ty of Lew~swlle have been rece~wng federal funds to prowde transit services for their respective residents, and, WHEREAS, transit needs for the regmn have grown beyond locally structured serwce, and, WHEREAS, it would be both financmlly and operationally beneficml to the C~ty of Denton, Denton County, the City of Lewlswlle and those c~t~es part~mpat~ng ~n the Lew~svflle Dml-A-Ride program to create one entity to satisfy the transit needs of the area, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City of Denton supports legislation that would allow the creation of a county transportation authority, to provide pubhc transportation and related transportation servmes to Denton County SECTION 2 This resolution shall become effective lmme&ately upon ~ts passage and approval PASSED AND APPROVED tlus the /7¢dayof ~/7_/~ff_~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY RESOLUTION NO ~J~,_.-'~./~/- O/~- A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOR KROGER EXPANSION, BEING AN APPROXIMATE 4 0 ACRE SITE LOCATED AT THE NORTHWEST CORNER OF UNIVERSITY (US 380) AND CARROLL BOULIVARD, AND PROVIDING FOR AN EFFECTIVE DATE (SP-01-0006, KROGER EXPANSION) WHEREAS, on March 2, 2000 the C~ty Council adopted Ordinance No 2000-069 which estabhshed certmn nonremdentlal interim regulatmns (the "Nonresidential Interim Regulatmns"), and WHEREAS, the Noaresldentml Interim Regulatmns estabhshed, among other th~ngs, a project plan reqmrement, and WHEREAS, the owner of an approximate 16 9 acre tract of land zoned General Retml (GR) known as Denton Center has made an apphcatmn for approval of a project plan under the Nonremdent~al Interim Regulatmns, a copy of Much ~s attached hereto as Exlub~t "A" and made a part hereof by reference (the "ProJect Plan"), and WHEREAS, the Clty Counml finds that the ProJect Plan, with the conditions maposed hereto, if any, meets the reqmrements of the Nonresidential Interim Regulations, NOW, THEREFORE, THE COUNCIl, OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The ProJect Plan Much is attached hereto and made a part hereof by reference, ls hereby approved SECTION 2 Th~s resolution shall become effective ~mmed~ately from and after ~ts approval PASSED AND APPROVED thls the /'~'~ dayof ~ ,2001 EUL1NE BROCK, MAYOR ATTEST w B \ APPROVED AS TO~EGAL.~-.ORM HERB~~ ATTORNEY BY Next Document A RESOLUTION ALLOWING METZLER'S TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO CELEBRATION ON MAY 5, 2001, UPON CERTAIN CONDITIONS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION, 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 Recreations Department co-sponsors a Cmco De Mayo Celebration at the CIVlC 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, the City Council finds that it is m the public interest to select only one vendor of, alcohohc beverages at the Clnco De Mayo Celebration, and WHEREAS, Roy Metzler doing business as Metzler's (called "Metzler's") has requested that they be sole participant allowed to sell alcoholic beverages at this year's Clnco De Mayo Celebration on May 5, 2001, and WHEREAS, the Parks and Recreation Board has recommended that Metzler's be the sole participant allowed to sell alcoholic beverages at the Clnco De Mayo Celebration, and WHEREAS, the Clty agrees w~th the recommendation of the Parks and RecreaUon Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 Metzler's shall be the sole part~mpant allowed to sell alcoholic beverages at the Cmco De Mayo Celebration on May 5, 2001 at the Civic Center Park upon the following conditions 1 They shall be responsible for rental of any booth space necessary, 2 They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency, 3 They shall provide the security necessary for the sale of alcoholic beverages, 4 They shall promde general comprehensive liability insurance from a responsible earner, with the City as an additional insured, in the amount of $500,000 00 5 Agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Cmco De Mayo Celebration SECTION 2 The City Manager or his designee is authorized to execute an agreement in conformity w~th this resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference SECTION 3 This resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,',~ ~r ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPI~OVED AS TO LEGAL FORM HERBERTBy ~:AT L TORNEY S \Our Documents\Resolut~ons\Ol\C~nco De Mayo alcohol sell doc CIVIC CENTER AGREEMENT FOR THE CINCO DE MAYO CELEBRATION STATE OF TEXAS § This Agreement, made this /~L day of~,, 2001, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and Roy Metzler doing business as METZLER'S FOOD AND BEVERAGE (called "METZLER'S") WlTNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows ARTICLE 1 GENERAL The City grants to METZLER'S the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Clnco De Mayo celebratton on May 5, 2001 to be held at the Civic Center Park Attached hereto and made a part hereof by is a copy of the resolution passed by the City Council of Denton, Texas authorizing th~s privilege This pnwlege does not extend beyond the date of the Clnco De Mayo celebration set for the year 2001 ARTICLE 2 SCOPE OF SERVICES METZLER'S in order to exercise the privilege to sell alcohohc beverages must perform the following A METZLER'S shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcohohc beverages at the Clnco De Mayo Celebration B METZLER'S shall be solely responsible to obtmn any temporary license and permit necessary for the selling of alcoholic beverages at the Clnco De Mayo Celebration C METZLER'S shall be solely responsible for the obtmmng and paying for any security necessary for their sale of alcoholic beverages at the Cmco De Mayo Celebration METZLER'S failure to do any of the above and to show proper proof of comphance shall waive their right to exercise the privilege of selhng alcohohc beverages at the Clnco De Mayo Celebration ARTICLE 3 LOCAL RULES AND REGULATION METZLER'S agrees to ab~de by all mumc~pal, county, state and federal laws, orthnances, rules and regulations and spemfically, w~thout hnntatmn, the Denton C~wc Center Rules and Regulatmns, to obtmn all necessary and proper hcenses, permits and authonzat~ons, and to comply w~th the requirements of any duly authorized person acting ~n connection therewith METZLER'S shall pay all taxes, ~f any, of every nature and descnptmn arising out of or m any manner connected w~th the sale of alcoholic beverages METZLER'S will exermse reasonable care and due dthgence ~n their sale of alcohohc beverages at the Clnco De Mayo Celebration ARTICLE 4 INDEMNITY AGREEMENT METZLER'S shall ~ndemnlfy and save and hold harmless the CITY and ~ts officers, agents, and employees from and agmnst any and all hab~hty, clmms, demands, losses, and expenses, including but not hnnted to, court costs and reasonable attorney fees incurred by the CITY, and ~ncludmg, w~thout hm~tatlon, damages for bodily and personal ~njury, death and property damage, resulting from the neghgent acts or omissions of METZLER'S or it officers, shareholders, agents, or employees in the execution, operation, or performance of thru Agreement Notlung ~n th~s Agreement shall be construed to create a habthty to any person who ~s not a party to flus Agreement, and nothing hereto shall wmve any of the part,es' defenses, both at law or eqmty, to any cloam, cause of action, or ht~gat~on filed by anyone not a party to th~s Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE 5 INSURANCE Dunng the performance of the Agreement, METZLER'S shall mmntmn the following ~nsurance w~th an ~nsurance company hcensed to do bus~ness ~n the State of Texas by the State Insurance Conumss~on or any successor agency that has a rating w~th Best Rate Careers of at least an A- or above A Comprehensive General Lmbthty Insurance w~th bodily ~njury 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 hm~ts of not less that $100,000 for each occurrence and not less than $100,000 m the aggregate B METZLER'S shall furnish insurance cemficates or ~nsurance pohc~es at the CITY'S request to ewdence such coverages The ~nsurance pohc~es shall name the CITY as an additional insured on all such pohc~es, and shall contmn a prows~on that such ~nsurance C~nco De Mayo Cclebratton Agreement - Page 2 shall not be canceled or modffied without written notice to the CITY and METZLER'S In such event, METZLER'S shall, prior to the effective date of the change or cancellation, serve substttute pohc~es furmshlng the same coverage ARTICLE 6 NOTICES All notices, commumcat~ons, and reports required or permitted under this Agreement shall be personally dehvered or mtuled to the mspect~ve parties by deposltmg same in the Umted States marl to the address shown below, certified mall, return receipt requested, unless otherwise specified here~n Mmled notices shall be deemed communicated as of three (3) days' mmhng To METZLER'S To CITY METZLER'S FOOD AND BEVERAGE CITY OF DENTON Roy Metzler C~ty Manager 628 Londonderry Lane 215 E McKmney Denton, Texas 76205 Denton, Texas 76201 (940) 591-1652 All not~ces shall be deemed effective upon receipt by the party to whom such notme is given, or w~th~n three (3) days' marling ARTICLE 7 ENTIRE AGREEMENT Th~s Agreement, consisting of five (5) pages and t9~/£ ~ exhibits, constitutes the complete and final expressmn of the agreement of the partle~,-~d is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, dlscusmons, communications, and agreements which may have been made ~n connectmn w~th the subJeCt matter hereof ARTICLE 8 SEVERABILITY If any prowsmn of this Agreement is found or deemed by a court of competent junsdmtmn to be lnvahd or unenforceable, ~t shall be considered severable from the remainder of this Agreement and shall not cause the remmnder to be ~nvahd or unenforceable In such event, the parties shall reform this Agreement to replace such stricken prowsmn with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision Cmco De Mayo Celebration Agreement - Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performang the services required hereunder, METZLER'S shall not dascnmlnate against any person on the basis of race, color, rehglon, sex, national origin or ancestry, age, or physical handicap ARTICLE 10 PERSONNEL A METZLER'S represents that it has or wall secure, at its own expense, all personnel required to perform all the servmes required under this Agreement Such personnel shall not be employees or officers of, or have any contractual relations with the CITY ARTICLE ll ASSIGNABILITY METZLER'S shall not assign any interest in this Agreement, and shall not transfer any interest m this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY ARTICLE 12 MODIFICATION NO waiver or modfficatlon of this Agreement or of any covenant, condition, or hmatatlon herein contmncd shall be valid unless an wntang and duly executed by thc pray to be charged therewath, and no evidence of any wmver or modification shall be offered or received in evidence in any proceedang ansang between the partaes hereto out of or affecting this Agreement, or thc rights or obhgataons of the partaes hereunder, and unless such waiver or modfficataon as m writing and duly executed, and the partaes further agree that the provisions of thas section will not be waived unless as set forth here~n ARTICLE 13 MISCELLANEOUS A The following exhibits are attacJ0ed to and~,~made a part of this Agreement (llst exhibits) Exhibit "A" Resolution No ~7t7/~ B Venue of any stat or cause of action under this Agreement shall he exclusively an Denton County, Texas This 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 Ctnco De Mayo Celebration Agreement - Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused thts Agreement to be executed by ~ts duly anthonzed City Manager, and METZI~ERfS has executed flus Agreement through ~ts duly authorized tmders~gned officer on this the /~.5.5~ day o~001 CITY OF DENTON, TEXAS Howard Mart~n, ACT~G CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERB~~ ATTORNEY BY (/ METZLER'S FOOD AND BEVERAGE WITNESS ~ Cmco De Mayo Celebratmn Agreement - Page 5 EXHIBIT A A I~SOLUTION ALLOWIN~ MET~LER'S TO BB ~B SO~B P~IOI~ A~O~ TO SELL ~COHOLIC BEVE~GES AT THE C~CO DE MAYO CELEB~TION ON MAY 5, 2001, ~ON CERT~ CO~ITIONS, AUTHO~Z~G THE CITY M~AGER OR HIS DESIG~E TO EXECUTE ~ AG~EMENT ~ CO~O~ITY ~TH THIS ~SOLUTION, ~ PROVinG FOR ~ EFFECT~ DATE ~E~AS, ~e C~ty of Denton ("City") ~s the owner of the Clwc Center P~k ~d t~ough the P~k ~d Reereatmns D~ent co-sponsors a Cmco De Mayo Celebration at the C~wc Center P~k, ~E~AS, ~e consumption of alcoholic beverages ~s allowed ~n ~e C~wc Center P~k p~su~t to C~ty of Denton Code, ~22-32 (b), ~E~AS, ~e C~ty Council finds ~at it ~s ~n the public ~nterest to select only one vendor of alcoholic beverages at the Cmco De Mayo Celebration, ~d ~E~AS, Roy Metzler doing bumness as Metzler's (called "Metzler's') has requested that ~ey be sole p~mlpmt allowed to sell alcohohc beverages at th~s year's C~nco De Mayo Celebration on May 5, 2001, ~d ~E~AS, the P~ks ~d Recreation Bo~d has reco~ended that Metzler's be the sole p~mlp~t allowed to sell alcohohc beverages at ~e Cmco De Mayo Celebratmn, ~d ~E~AS, the City agrees w~ the recommendation of the P~ks ~d Recreation Bo~d, NOW, THE~FO~, THE CO~CIL OF THE CITY OF DENTON, TE~S HE.BY RESOLVES SECTION 1 Metzler's shall be the sole p~m~p~t allowed to sell alcohohc beverages at the C~nco De Mayo Celebration on May 5, 2001 at the C~vm Center P~k upon the following conditions 1 They shall be responsible for rental of ~y booth space necess~, 2 ~ey shall be responmble to obtmn the tempor~ hcense ~d pe~t for selhng alcohohc beverages approved by appropriate state agency, 3 They shall prowde the security necess~ for ~e sale of alcohohc beverages, 4 They shall promde general compmhenmve habfl~ty ~nsur~ce ~om a responmble c~er, w~ the C~ty as ~ additional ~nsured, ~n the amount of $500,000 00 5 Agrees to ~ndemmfy the City of Denton agmnst any liability ~nc~dent to the selhng of alcoholic beverages at the Cmco De Mayo Celebration SECTION 2 The C~ty Manager or his designee is authorized to execute an agreement in conformity w~th tins resolution, which shall be substantially ~n the form of the agreement attached hereto and made a part hereof by reference SECTION 3 This resolutmn shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED thls the /~c dayof ~/-~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPI~OVED AS TO LEGAL FORM HERBERT L PROU~Y/ATTORNEY S \Our DocumentsX~R. esolutmns\01\Clnco De Mayo alcohol sell doc S \Our Doeuments~Resolut~ons\01\H~ston¢ Homeownorah~p Resolution doe RESOLUTION NO ~00/-- 0 / 7 A RESOLUTION OF THE CITY OF DENTON, TEXAS SUPPORTING THE HISTORIC HOMEOWNERSHIP ASSISTANCE ACT AND URGING CONGRESS AND THE PRESIDENT TO ENACT IT EXPEDITIOUSLY, AND PROVIDING AN EFFECTIVE DATE WI-IEREAS, Representatives clay Shaw and John Lewis plan to reintroduce the I-hstorlc Homeownersh~p Assistance Act in the Umted States House of Representatives, and WHEREAS, the H~stonc Homeownersh~p Assistance Act enjoyed broad b~part~san support m the 106th Congress, and WHEREAS, the H~stonc Homeownersh~p Assistance Act would prowde a 20 percent tax credit to a homeowner agmnst the homeowner's federal income taxes for rehabilitation expenses up to $40~000 on a primary residence that ~s located m a federal, state or h~stonc district, and WI-IEREAS, the Historic I-Iomeownersh~p Assistance Act would benefit moderate- income taxpayers by allowing the credit to be clmmed in the form of a mortgage credit transferred to a bank or lender to reduce mortgage ~nterest rates for those taxpayers w~thout adequate tax habfl~ty to clmm the credit, and WHEREAS, the H~stonc HIomeownerslup Assistance Act would not allow the credit to be cla~med for the cost of expandang a house, and WHEREAS, the H~stonc Homeownersh~p Assistance Act would allow for relaxed h~stonc rchabxhtat~on standards ~n distressed neighborhoods if the condlt~on of the property or the neighborhood warranted such a relaxation, and WHEREAS, the National Trust for H~stonc Preservation estimates that Texas has 271 h, stonc d~stncts w, th 17,871 h~stonc bmldmgs, including 171 h~stonc d~stncts with 15,754 h~stonc buildings that are located m census tracts w~th 20 percent or more poverty, and WHERAS, the I-hstonc HIomeownersh~p Assistance Act would preserve and rewtahze h~stonc Denton nexghborhoods by expanding homeownershlp and encouraging the rehabilitation of h~stone properties, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The City of Denton supports the H~stonc Homeownerslup Asmstance Act and urges Congress and the President to enact it expeditiously SECTION2 That th~s resolution shall become effective ~mmedmtely upon ~ts passage and approval ~'^SSED ~ AP~'ROVED t~s t~e / EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our DocumemtskResolutlons\01 \lead based paint hazard control res doe SOLUTIONNO A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO PARTICIPATE WITH THE CITY OF FORT WORTH IN THE DEVELOPMENT AND SUBMISSION OF A GRANT APPLICATION UNDER THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LEAD-BASED PAINT HAZARD CONTROL GRANT PROGRAM, ESTABLISHING OBJECTIVES AND PROJECTED USE OF FUNDS AND A LEAD-BASED PAINT HAZARD CONTROL PROGRAM DESCRIPTION WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED AND ALL OTHER APPLICABLE LAWS, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Caty of Denton, Texas, ~s concerned wath the development of wable urban commumtaes lncludang decent housang, a statable hvlng environment and expanded economac oppommataes, and WHEREAS, the Caty of Denton, Texas, has a special concern for persons of low and very low income, and WHEREAS, the Caty of Denton, Texas, as a CDBG entatlement caty, wishes to partac~pate ~n a grant apphcataon wath the Caty of Fort Worth under the Lead-Based Pmnt Hazard Control Grant Program, under Sectaon 1011 of the Resadentml Lead-Based Hazard Reduction Act of 1992 (T~tle X of the Housing and Commumty Development Act of 1992) and all other apphcable laws, whmh wall include approximately $300,000 for lead hazard control activities wath~n the C~ty of Denton, and WHEREAS, m carryang out these actawtaes, the C~ty of Denton, Texas, mtends to comply with Sectaon 3 of the Housing and Urban Development Act of 1968, 12 U S C 1701(u) and wall provade tra~mng, employment and other economic opportumty for low and very low income persons (gs defined m 24 C F R 135 5) and for business concerns which prowde economic opportumty for low and very low ~ncome person, and WHEREAS, the primary goal for the Lead-Based Paint Hazard Control Grant Program as to reduce the exposure of young chddren to lead-based pmnt hazards ~n thear home, and WHEREAS, the Caty of Denton, Texas has met or w~ll meet all cat,zen partmlpataon requirements, ff any, including the holdmg of publac heanngs, and WHEREAS, the Caty Councd deems it ~n the pubhc ~nterest to authorize the C~ty Manager to partm~pate wath the Caty of Fort Worth an the development and submission of the grant apphcataon, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES S \Our Docum~nt~solut~ons\Ol\lead based paint hazard control res doc SECTION 1 That the City Council of the Clty Of Denton, Texas, authorizes the City Manager bo pamelpate m a joint grant submission with the City of Fort Worth to submit to the Umted States Department of Housmg and Urban Development and all appropriate officials thereof, afl necessary cemficatIons, grant agreements and other documents as well as appropriate assurances for entitlement of funds under the Housing and Commumty Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, as amended, and all other apphcabl~ laws, as necessary, to obtain a grant under the Lead-Based Pmnt Hazard Control Grant Program SECTION 2 That the C~ty Council authorizes and directs the C~ty Manager, or h~s designee, to represent and act on behalf of the City of Denton in epplymg for and workmg with the C~ty of Fort Worth and the United States Department of Housing and Urban Development, m regard to such grant application SECTION 3 That the City Secretary is hereby authorized to furnish tree, complete and correct copies of this resolunon to all interested parties SECTION 4 That th~s resolution shall become effective immediately upon its passage and approval d yo, ,2oo EULINE BROCK, MAYOR ATTESTI JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY RESOLUTION NO 4~)/"' ~/~ A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOR HOUSE SMART ADDITION, BEING AN APPROXIMATE 3 086 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 35 EAST SERVICE ROAD AND POCKRUS PAGE ROAD, AND PROVIDING FOR AN EFFECTIVE DATE (SP-01-0005, HOUSE SMART ADDITION) WHEREAS, on March 2, 2000 the C~ty Counml adopted Ordinance No 2000-069 which estabhshed certain nonres~dentml interim regulations (the "Nonresldent~al Interim Regulations"), and WHEREAS, the Nonresldentml Interim Regulations established, among other things, a project plan reqmrement, and WHEREAS, the owner of an approximate 3 086 acre tract of land zoned commercml cond~t~oned(C[c]) and descnbed as Lot 1, Block 1 of the House Smart Adcht~on has made an application for approval of a project plan under the Nonresidential Interim Regulations, a copy of which ~s attached hereto as Exhibit "A" and made a part hereof by reference (the "ProJect Plan"), and WHEREAS, the City Council finds that the ProJect Plan, with the conditions ~mposed here~n, ff any, meets the reqmrements of the Nonresidential Interim RegulaUons, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The ProJect Plan whmh ~s attached hereto and made a part hereof by reference, ~s hereby approved SECTION 2 Th~s ordinance shall become effective ~mmedmtely from and after ~ts approval PASSED AND APPROVED this the /~--~ day of ~ ,2001 EULINE BROCK, MAYOR ATTEST, JENI~FER W~AJ.,TERS~, CItY SECRETARY 1'7 .... -I- '- - APIiROMED AS TO LEG.~L FORM H ERBERT~OUT. T.T~ ITY ATTORNEY Sign Selection SIGN, l-A: Dimensions: W~dth 31 ft. Height 4 ft. Option A NO 1~*~ TEXAS . SPO_. RTS._ ~ IMPORTS Option B NORTH TEXAS SPORTS & IMPORTS S~GN 2-A: Dimensions: Width: 6 ff. Height: 6 ft, Option 1: Lighted Monument Cabinet Sign Dimensions: W~dth: 4 ft. Height: 5 ft, Option 2: Post & Panel Sign SIGN 3-A Dimensions: W~dth: 4 ft. Height: 3 ft. Option 1: Lighted Double-sided Cabinet Sign Dimensions: W~dth: 3 ft, Height: 2 ft. Option2: Post & Panel System Sign S1*GN 4-A Dimensions: W~dth: 10 ft. Height: 10 f~. __ Overall Height: 40 ft. Option 1: Lighted Option 2: Lighted Double-sided Single Double-sided Pole Sign Double Pole Sign SOL TIONNO / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AMENDING THE POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS TO ALLOW WAIVER OF THE FIVE MILLION DOLLAR THRESHOLD AND THE MAXlMLrM TAX ABATEMENT PERCENTAGE, TO DEFINE PROFESSIONAL POSITIONS, TO MAKE OTHER CHANGES AS SET FORTH IN THE AMENDED POLICY, AND DECLARING AN EFFECTIVE DATE WHEREAS, on June 6, 2000, the City Council adopted gmdelmes and criteria, known as the Denton Pohcy for Tax Abatement (sometimes referred to as "Tax Abatement Policy"), passing by Resolution No R2000-028, and WHEREAS, the City Council desires to promote economic development w~thln Denton, and WHEREAS, providing tax abatement and other economic development incentives within the City and Its exlratemtonal junsdictton will likely contnbute to the economic development of Denton by encouraging major investment and the creation of jobs, and WHEREAS, the Property Development and Tax Abatement Act, Chapter 312 of the Tex Tax Code, allows the city to establish its own cntena for tax abatement and the City has previously adopted guidehnes for tax abatement and resolutions No R90-018, R98-004 and R2000-028, and WHEREAS, the Jmnt Committee on Tax Abatement, composed of representatives of the City of Denton, the Denton Independent School District, and Denton County have recommended amendments to Section III "Value of Incentives" of the Tax Abatement Policy to allow waiver of the five mllhon dollar threshold and the maximum tax abatement percentage and to define professional pos~t~ons, which is attached hereto as the amendment to the Tax Abatement Pohcy, and WI-IEREAS, any amendment to the Tax Abatement Policy reqmres an affirmative vote of three-fourths of the members of the City Council (slx affirmative votes) in accordance with Section 312 002(e) of the Tax Code, and WHEREAS, the City Council deems ~t in the pubhc interest to continue to be eligible for participation m tax abatement and to amend the new policies, gmdehnes and criteria governing tax abatement agreements to be known as the Tax Abatement Pohcy, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the polices, guidelines and criteria found in the Denton Policy for Tax Abatement are hereby amended by amending Section III "Value of Incentives" to allow a waiver of the five million dollar threshold and the maximum tax abatement percentage on a case-by-case basis, to define professional positions, and to make other changes set forth in the amended policy in accordance with the amendment that is attached to this Resolution as Exhibit A and made a part of tins Resolution for all purposes From and after the effective date of this Resolution, the amended Tax Abatement Policy shall constitute policy guidelines and entena governing tax abatement agreements for the City of Denton an accordance with Chapter 312 of the Tax Code SECTION 2 That the City Council hereby reasserts ItS decision to become eligible to participate in tax abatement The City Council provides certain tax incentives appheable to business enterprises in various remvestment zones which are established in the City, in accordance wlth the applicable provisions of Chapter 312 of the Tex Tax Code and in accordance with the guldelmes and criteria established in the attached Exhibit A and in the amended Tax Abatement Policy SECTION 3 That save and except as amended hereby, all the remmning sections, sentences, clauses, paragraphs and phrases of the Denton Policy for Tax Abatement shall remain in full force and effect SECTION 4 That this resolution shall become effective immediately upon its passage and approval at the regular meeting of the City Council of the City of Denton, Texas, on the 1st day of May, 2001, at which meeting a quorum was present and which meeting was held in accordance with the provisions ofTex Gov 't Code~c~551 001, et seq PASSED AND APPROVED this the /~'"~ day of ~/.~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY // APP~zOVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 EXHIBIT A SECTION III DENTON POLICY FOR TAX ABATEMENT III VALUE OF INCENTIVES The criteria outhned ~n the Apphcat~on will be used by the Joint Committee on Tax Abatement m determ~mng whether or not ~t ~s m the best ~nterests of the affected taxmg ent~t~es to recommend that tax abatemem be offered to a partmular project Specific cons~deratlons will ~nclude the degree to which the m&wdual project furthers the goals and objectives of the commumty as described m the Denton Comprehensive Plan, as well as the relative ~mpact of the project New, expandmg and modermzmg businesses may be considered for abatement ~fthe mlmmum threshold, as described m Table I below, ~s met Once a determination has been made that tax abatement should be offered, the value and term of the abatement may be determined by referencing the following table TABLE 1 Estabhshes a framework for cons~denng the length of abatement according to assessed real property value of ~mprovements and of tangible personal property located on the real property VALUE OF STRUCTURE AND PERSONAL PROPERTY YEARS OF PERCENTAGE OF IN MILLION DOLLARS ABATEMENT ABATEMENT 100 10 15- 25% 80 9 15- 25% 65 8 15~ 25% 50 7 15-25% 35 6 15- 25% 20 5 15- 25% 15 4 15- 25% 10 3 15- 25% 5 2 15-25% To quahfy, companies must meet the m~mmum threshold of the pohcy ~n the first 24 months from the execution of the agreement or as specffied ~n the tax abatement agreement If upon ~mtml apphcat~on a project quahfies for tax abatement under the gmdehnes set forth ~n th~s pohcy, the taxing ent~t~es may consider granting an additional 5% abatement for each one of the following factors prowded, however, that the total tax abatement does not exceed -1- 50% annually or continue for a period of more than ten years No applicant may receive credit for more than five of the following factors · The project will occupy a bufldmg that has been vacant for at least two years, · The project will create h~gh-skllled, high-paying jobs as documented by the applicant, (A breakdown of number of jobs per job classification and entry level wage per classlficatlonwlll be used to determine eligibility), · The project will revolve a slgmficant relationship with one of the two umverslt~es in Denton, · At least 25% of the new jobs created by the project will be filled by Denton residents, · The project will provide knowledge-based jobs (at least 25 percent of jobs require college bachelors degree at entry level), · The project will donate slgmficant pubhc art to the commumty (To quahfy, donation must be approved by Greater Denton Arts Council and C~ty Council), · The project will donate significant materlals/eqmpment to the public schools (To qualify, donation must be approved by DISD and City Council ), · The project will create improvements to the Denton Central Business District, · The project will result in the formation of a business park, · The project is an lntematlonalor national headquarters faclhty The total tax abatement may not exceed 50% annually for ten years All abatements are subject to final approval of the City Council and DISD Board of Trustees, or the County Commissioner's Court Even though a project may meet the cnterm as set forth ~n this policy, an appheat~on may be denied at the d~scret~on of the C~ty Council and/or DISD Board of Trustees. Tax abatement shall not apply to any portion of the land value of the project The thresholds as described m Table 1 are considered guidelines for establishing the Tax Abatement Agreement terms However, the City and DISD may determine that a lower or h~gher percentage and/or a shorter or longer term of abatement may be more appropriate for an mdlwdual project If abatement is approved, the City and DISD may consider applying all or a portion of the abatement m the first year or dunng any shorter period w~thm the term of the tax abatement agreement For example, an approved abatement of 25 percent for four years may be applied as 100 percent abatement for one year When the City of Denton and Denton Independent School D~stnct determine that incentives are required to retain existing businesses which propose to improve or redevelop property within the City hm~ts, the Denton City Council and Denton Independent School District Board may consider these "special projects" on a case-by-case basis and reserve the right to waive the mmlmttm threshold and/or exceed fifty percent (50%) in tax abatement The City of Denton and Denton Independent School District may also take into consideration as "special projects" the expansion/redevelopment of existing businesses that create new or additional professional jobs Abatement hereunder will only apply to the increased valuation of the improvements over the appraised value of the property prior to such improvements as same is established by the Denton Central Appraisal District the year in which the tax abatement agreement is executed The City of Denton and Denton Independent School D~stnct may also consider other tax incentives authorized by law -2- Professional jobs are defined as "occupations which require specialized and theoretical knowledge which is usually acquired through college training or through work experience and other training which provides comparable knowledge, a calling requmng specialized knowledge and often long and intensive academic preparation, requires some research, analysis, report writing and presentations Special hcenslng, certification, or registration may be required to perform the job task, the work of professional positions is creative, analytical, evaluative, or interpretive, and is characterized by personal responsibility to keep abreast of and exercise judgment and broad perspective In the application of an organized body of knowledge that Is constantly studied to make new discoveries and interpretations or to improve the data, materials and methods, may involve some supervision and budgeting/planning" When the City of Denton and Denton Independent School District determine that abandoned property may reqmm additional incentives to promote economtc development that generally satisfies the reqmrements of this policy, the taxing entities may waive the minimum threshold and/or exceed fifty percent (50%) in tax abatement, or constder other tax lncentaves for special projects to redevelop abandoned buildings consistent with existing law For the purpose of this policy, an abandoned building is defined as a bullthng that has been identified as being suitable for commercial or industrial development, has been vacant for a minimum of five years or has substantially declined in appraised value Abatement would only be considered on the increased valuation of the improvements in each year covered by the tax abatement agreement over the value of the property for the year in which the tax abatement agreement is executed The City of Denton and Denton Independent School District may also consider other tax incentives authorized by law -3- RESOLUTION NO /~/~ ~Q / A RESOI~UTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE NET CONTRIBUTED CAPITAL OF THE WATER FUND WITH REVENUE BONDS SO THAT THE LAKE RAY ROBERTS WATER TREATMENT PLANT PROJECT MAY BE COMMENCED, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton (the "Issuer") as a municipal corporation/political subdlvlSlOrl of the State of Texas, and WHEREAS, the issuer expects to pay expenditures for payment of the construeUon of the Lake Ray ~Roberts 20 mgd Water Treatment Plant in connection with the water utlhty CIP project which was prewously approved in the 2000-2001 CIP Budget and is described in Attachment "A", and WHEREAS, the Issuer finds, eunslders, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objeetive~ of the Issuer and, as such, chooses to declare ~ts ~ntentlon, in accordance w~th the provisions of Seetmn 1 150-2 Treasury Regulations, to reimburse itself for such payments at such Ume~as ~t ~ssues the obhgatIons to finance the projects, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Issuer reasonably expects to recur debt, as one or more series of obligations, with an aggregate maximum pnneipal amount equal to $10,895,257 00 for the purpose of paying the costs of the project, as set forth in the attached Attachment "A", which is made a part of this Resolution for all purposes as If incorporated word for word here~n SECTION 2 All costs to be reimbursed pursuant hereto will be for construction of public works, the purchase of materials, supplies, equipment, machinery, and the payment of contractual design fees No tax-exempt obhgations will be issued by the Issuer in furtherance of th~s resolutxun after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, ~s placed in service All amounts expended from the net contributed capital of the Water Fund for the Project set forth ~n Attachment "A" to pay any costs of the Project shall be reimbursed from Revenue bond proceeds w~th~n the 2001-2002 fiscal year SECTION 3 The foregoing notwithstanding, no tax-exempt obhgation will be issued pursuant to this resolution more than three years after the date any expenditure which IS to be reimbursed is pa~d SECTION 4 Th~s resolution shall become effective immediately upon ItS passage and approval S \Our Documents~.esolutlons~Ol\Re~mburse Water Fund Ray Roberts doc EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 ATTACHMENT A CIP Prolect Cost New Water Plant $10,895,257 RESOLUTION NO 4~f~/-'~ A RESOLUTION ACCEPTING THE RESIGNATION OF HOWARD MARTIN, AND AP- POINTING TIMOTHY S FISHER AS THE CITY'S REPRESENTATIVE TO SERVE AS A MEMBER OF THE BOARD OF DIRECTORS OF THE UPPER TRINITY REGIONAL WA- TER DISTRICT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Howard Martin, Assistant City Manager for Utilities, and now serving as Interim Ctty Manager, who currently serves as the appointed City of Denton representative as a member on the Board of Directors of the Upper Tnmty Regional Water Dmtnct ("UTRWD") has recently completed his term of office as a UTRWD Director, and has resigned his position, and WHEREAS, the City of Denton w~shes to appoint as its representative to the UTRWD Board of Directors, a c, ty staffmember who is involved with the day-to-day activities and opera- tlons of the water utility, as well as the environmental and governmental aspects of the city, be- lng familiar with the important issues facing the city, and WHEREAS, the City of Denton wishes to appoint Timothy S Fisher, who also currently serves as the city's Asmstant Director for Water Utilities, as the designated City of Denton repre- sentative, to serve as a member of the UTRWD Board of Directors, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the res~gnaOon of Howard Martin as the City of Denton's representa- tive serving as a member of the UTRWD Board of Directors, is hereby accepted, with the grati- tude of the City Council expressed hereby for his community service SECTION 2 That Timothy S Fisher is hereby appointed as the City of Denton's representative, to serve as a member of the UTRWD Board of Directors SECTION 3 That the Interim C~ty Manager, or h~s demgnee, is hereby directed to transmit a tree and eon'eot copy of thls resolution to appropriate officials of the UTRWD SECTION 4 That this resolutaon shall become effective immediately upon its passage and approval PASSED AND APPROVED thm the /~-~ dayof ~//~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our DocumentskResolut~ons\01\UTRWD Board Aptmt 2001-T~m F~shcr Resolution doc S \Our Documonts\Rcaolut~ons\01\blke checkout resolution doc RESOLUTION NO ~0/~/- 0~.~ A RESOLUTION OF THE CITY COUNCIL SUPPORTING THE PERSONAL USE OF BICYCLES CHECKED-OUT TO EMPLOYEES UNDER THE AUSPICES OF THE CITY OF DENTON' EMPLOYEE BIKE CHECKOUT PROGRAM, AND DECLARING AN EFFECTIVE DATE WHEREAS, the Caty of Denton as located m a serious non-attaanment area for ozone, and WHEREAS, the Texas Natural Resource Conservataon Commassaon (TNRCC) requested that each governmental entaty located in a non-attmnment area reduce ~ts employees' commute in smgle oeeupaed velueles by 20%, and WHEREAS, the Transportataon Reduetaon Committee (TRC) belaeves that more employees would b~ke to work ffthe Caty prowded b~cyeles at NO COST, and WHEREAS, the TRC amtaated the Employee B~ke Checkout Program (EBC) m an effort to reduce the volume of harmful ozone producing em~ssaons from motor vehicles by encouraging employees to bake to work, and WHEREAS, the EBC beheves additional emission reductions can be realized ~f employees nde their bikes to and from work, but also use the bikes for personal use, such as running errands, and WHEREAS, the City Council finds that the personal use of these bicycles by CaW employees will help reduce air pollutaon by reducing harmful ozone producing veluele emassaons and as such this personal use promotes a pubhc purpose, and WHEREAS, the recently adopted Pedestrian and Bicycle Component of the Denton Mobility Plan 1999-2020 (Ordinance No 2001-147) encourages bike commuting throughout the c~ty, and WHEREAS, the EBC provides an tm~que opportumty for C~ty of Denton employees to act as guad~ng examples to the eommumty, endorsing and encouraging the use of bikes as a primary means of transportation, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The C~ty Councal has reviewed the Employee Bake Checkout Program and hereby authorizes the personal use of bicycles checked-out to employees under the auspices of the Employee Bike Checkout Program SECTION 2 This resolution shall become effective immediately upon ~ts passage and approval EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY Page 2 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 2001 ACTION PLAN FOR HOUSING AND COMMLrNITY DEVELOP- MENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas, ~s concerned w~th the development of v~able urban commumtleS, including decent housing, a statable hwng enwronment and expanded economic opportunities, and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income, and WI-iEREAS, the City of Denton, Texas, as a CDBG entitlement C~ty and a Home partm~patmg jurisdiction, has prepared, through a mtlzen participation process, a program for utilizing l~S entitlement funds and program income ~n the approximate amount of $1,768,968, and WHEREAS, citizen partm~pat~on reqmrements, ~nclud~ng the holding ofpubhc heanngs, have been met, and WHEREAS, the Commun, ty Development Act of 1974 and the National Affordable Housing Act of 1990 reqmre an apphcat~on and appropriate certifications included m the Consolidated Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council of the City of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development an Action Plan and appropriate ce~ficatlons for entitlement funds under the Housing and Commumty Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended SEQTION II That the C~ty Council of the C~ty of Denton, Texas, authorizes the D~rector of Planning and Development to handle all fiscal and admunstratlve matters related to the apphcat~on, the Consolidated Plan and the certifications SECTION III That the C~ty Secretary is hereby authorized to furnish copies of flus resolution to all interested part,es SECTION IV That th~s resolutton shall become effective immediately upon its passage and approval EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM Page 2 RI~SOLUTION NO ~00/- ~6~'~ A RESOLUTION ESTABLISHING THE MAXIMUM RATES THAT CHARTER COMMUNICATIONS MAY CHARGE ITS DENTON CABLE TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER, CHANGING TIERS, AND ASSOCIATED EQUIPMENT, ESTABLISHING A MAXIMUM HOURLY SERVICE CHARGE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WltEREAS, the City of Denton ("City") is the Grantor of a cable television francluse by a franchise ordinance, Orchnance No 88-189 passed and executed on or about November 15, 1988, by and between the City and Sammons Communications, Inc ("Sammons"), and the City, by Ordanance No 95-191, passed by the City Council on September 19, 1995, approved the transfer of the Franchtse Ordinance along with attached amendments to Marcus Cable Associates, L L C ("Marcus"), and WHEREAS, on March 23, 1999, the City Council adopted Ordinance No 99-094 (Ordinance 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 "Franchise"), transfemng the Franchise from Marcus to Paul G Allen dba Vulcan Cable, Inc, Vulcan Cable II, Inc, Charter Communications, Inc, and Charter Communications Holdings, Inc ("Charter"), and WHEREAS, on May 17, 1994, the City Council passed Resolution No R94-019 authorizing the regulation of basic service tier rates and related equipment, installation, and service charges for any cable television system operating within the City m accordance with the apphcabl0 Federal Communications Commission ("FCC") regulations, and WHEREAS, on May 16, 2000, the City Council passed Resolution No R2000-023 authorizing changes In the rates that Charter may charge its Denton cable television subscribers for the basic servme tier, associated equapment, and installation charges, and WHEREAS, the City, pursuant to the Cable Consumer Protection and Competition Act of 1992 ("Cable Act") and the rules and regulations adopted thereunder by the FCC and other applicable laws, is certified as a franchising anthonty to regulate the rates for the basic cable servme, eqmpment, and installation rates, and WltEREAS, in accordance with Section 8-136 "Rates", of the Code of Ordinances of the City of Denton, Texas and in accordance with Section XXI "Rates" of the Franchise, Charter filed a petition with the City on or about March 2, 2001, along with FCC Forms 1205 and 1240, in conformance wah this section and all apphcable laws, requesting a change in its basic cable service, changing tiers, equipment, and lnstallatmn rates as above described, which the City is certified to regulate, and WHEREAS, the City held a public heanng in conformance with Section 8-136 of the Code of Ordinances of the City of Denton on May 1, 2001, after all interested citizens had been properly notified m accordance with the law, and all ~nterested members of the pubhc had an opportumty to be heard, and WHEREAS, to assure the rates requested by Charter are fair and reasonable, the C~ty employed C2 Consulting Services, Inc to review the rates, and C2 Consulting has filed ~ts recommendations and report, and WHEREAS, as the local regulator of rates for the basle service tier, the C~ty desires to make a rate ruhng on the proposed rates submitted by Charter to be charged to subscribers of the basle service tier, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 Findings (A) The City ~s the Grantor ora Franchise executed on or about November 15, 1988, by and between the City and Sammons (B) The Franchise, as amended, was transferred to Marcus, in accordance with the terms and conchtlons of that ordinance on or about September 19, 1995 (C) In accordance w~th the applicable prowslons 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 apphcable laws, the City has undertaken all appropnate procedural steps to regulate the basic cable service t~er, changmg t~ers, related eqmpment, and installation charges (D) In accordance w~th the apphcable FCC regulations, on or about January 7, 1994, the C~ty filed FCC Form 328 - Certification of Franchising Authority to Regulate Basic Cable Service Rates and Imtml F~nchng of Lack of Effective Competition - with the FCC (E) In accordance with apphcable FCC regulations, on or about May 17, 1994, the City passed and adopted a resolution provldmg for the regulation of rates charged by cable television operators within the City for the basic service t~er and related eqmpment and Installation charges (F) On or about March 23, 1999, the City Councd transferred the Franchise from Marcus to Charter (G) On or about March 2, 2001, Charter submitted FCC Form 1205 and Form 1240 to the City (H) Pursuant to FCC regulations and apphcable law, on or about May 1, 2001, the City held a pubhc heanng and gave the pubhc adequate opportunity to comment on the proposed rate request The C~ty regularly conducted a meetmg which was open to the pubhc, m accordance with the Texas Open Meetmgs Act, Tex Gov't Code ch 551, and provided an opportumty for ~nterested parties to present mformat~on to the C~ty dunng the meeting of May 1, 2001 Page 2 (I) The City must act upon the pendxng rate request consistent w~th current FCC rules and regulations and other apphcable laws SECTION 2 Conclusions (A) That for the period beginning June 1, 2001, until May 31, 2002, the maximum permitted rate for basle cable service (these numbers do not xnclude the 5% franchise fee) of $9 78 per month, is approved But as noted ~n C2 Consulting Services, Inc's (C2) April 19 and May 8, 2001 reports, Charter used estimated subscriber counts to perform the "true up" computation in the Form 1240 filing C2 reports that this xs clearly xnappropnate s~nce FCC regulations request that all true-up computations be based on actual data Accordingly, this resolution and the rates approved hereby are condmoned on Charter using only actual data m the development of its true-up computatxons in future filings (B) That for the period begmmng June 1, 2001, until May 31, 2002, the maximum permitted charge for xnstallatlon and hourly servxce (these numbers do not include the 5% franchise fee) of $22 12 per hour, is approved (C) For the period beglnmng June 1, 2001, until May 31, 2002, the maximum fee (these numbers do not include the 5% franchise fee) for leased customer equipment of remote control - $0 20, basic only converter - $ 98, non-basic only converter - $3 95 per month and changing t~ers - $2 00 xs approved (D) In accordance with C2 Consulting Servmes, Inc's report, the City finds that digital converters are used to receive the basle service tier ~n accordance with FCC regulations, §76 923, that the City has anght to regulate rates charged for the use of thxs piece of equipment as a part of the basic cable service tier SECTION 3 Incorporation of Flndmgs and Conclusions That the Findings and Conclusions set forth in Sections I and II of this resolution are found to be true and correct and are made a part of this resolution for all purposes SECTION 4 Orders for Action Based on the foregoing F~ndlngs and Conclusions, the City Council hereby enters the following orders adopting the rates and requmng the following actions (A) Pursuant to current FCC regulations and apphcable law, for the period commencing June 1, 2001, until May 31, 2002, or until further order of the C~ty, Charter wall be permitted to charge a maximum rate for the basic cable service of $9 78 per month (these numbers do not include the 5% franchise fee) (B) Pursuant to current FCC regulations and apphcable law, for the period commencing June 1, 2001, until May 31, 2002, or until further order of the C~ty, Charter will be permitted to Page 3 charge the following maximum equipment and ~nstallat~on rates (these numbers do not include the 5% franeluse fee) Eqmpment & Installation Maximum Permitted Rate Hourly Service Charge $22 12 Average Charge for Unwlred Installation-Aerial $39 37 Average Charge for Unwlred Installation-Underground $42 02 Average Charge for Install-Prew~red/Reconnect $23 66 Average Charge for A/O at a t~me of Installation $12 83 Average Charge for A/O Return Trip $23 66 Average Charge for Service Requmng A Track Roll $20 57 Average Charge for Digital Installation- Aerial $47 11 Average Charge for D~gltal Installation- Underground $49 76 Average Charge for Digital Upgrade $31 40 Average Charge for Digital A/O at time of Installation $18 58 Average Charge for Digital A/O Return cTnp $28 75 hanging of Service T~ers $ 2 00 Eqmpment Charges Remote Control $ 0 20 Basic-Only Non Addressable Converters $ 0 98 N0n-Basle Only Converters (Digital) $ 3 95 (C) Tbas resolution shall not be reconsidered should any further analys~s pursuant to future FCC roles and regulatmns result m or indicate h~gher rates to subscribers, unless such future FCC Rules and regulations mandate that the City order such an upward adjustment (D) The City Manager and the C~ty Attorney, or their designees, are hereby authorized and d~rected to take action necessary to enforce the orders contmned in this resolution, including, w~thout llm~tatlon, to execute and file w~th 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 apphcable laws to enforce the rate ruhng set forth here~n, to defend this rate mhng m any appeal to the FCC, admunstrat~ve proceeding or lmgauon involving th~s matter Page 4 (E) That Charter shall fully comply w~th the Franchise and the recent case of Ct~y of th Dallas v FCC, 118 F 3d 393 (5 C~r 1997), which reqmres cable telewsaon franchise holder to make its fi'anch~se payments on all gross receipts, ~nclud~ng money collected from and charged to customers that is ultimately allocated to pay the franchise fees (F) That the C~ty Secretary ~s hereby d~rected to send a certffied copy of th~s resolution to Charter, SECTION 5 That ff any section, subsection, paragraph, sentence, clause, phrase or word ~n th~s resolution, or apphcat~on thereof to any person or c~rcumstances is held mvahd by any court of competent jurisdiction, such holding shall not affect the vahd~ty of the remmmng portions of thas resolution, and the C~ty Council of the C~ty of Denton, Texas hereby declares ~t would have enacted such remmnmg portions despite any such vahdlty SECTION 6 That the C~ty Council has found and determined that the meeting at which th~s resolution ~s conmdered is open to the pubhc and that notice thereof was g~ven m accordance w~th the prows~ons of the Texas Open Meetings Act, Tex Gov't Code ch 551, as amended SECTION 7 That th~s resolution shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED thas the /~-~'~ day of ~~ ,2001 EULINE BROCK, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY Page 5 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN LOCATED WITHIN A COMMERCIAL CONDITIONED (C[c]21) DISTRICT, BEING AN APPROXIMATE 1 82 ACRE SITE LOCATED' ON THE SOUTHEAST SIDE OF LOOP 288, LESS THAN 800 FEET SOUTH OF SPENCER ROAD IN THE CITY OF DENTON, TEXAS, AND PROVIDING FOR AN EFFECTIVE DATE (SP-01-0007, DENTON RETAIL - WALMART OUTPARCEL) WHEREAS, on March 2, 2000 the Ctty Council adopted Ordinance No 2000-069 which estabhshed certmn nonresidential interim regulations (the "Nonresidential Interim Regulations"), and WHEREAS, the Nonresidential Interim Regulations estabhshed, among other things, a proJect plan requirement, and WHEREAS, the owner of an approximate I 82 acre tract of land zoned Commercial condittoned (C[c]21) located on the southeast side of Loop 288, less than 800 feet south of Spencer Road m the C~ty of Denton, Texas has made an apphcat~on for approval of a project plan under the Nonresidential Interim Regulations, a copy of which ~s attached hereto as Exlub~t "A" and made a part hereof by reference (the "ProJect Plan"), and WHEREAS, the C~ty Council finds that the ProJect Plan, w~th the conthtxons imposed here~n, if any, meets the reqmrements of the Nonresidential Interim Regulations, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The ProJect Plan which ~s attached hereto and made a part hereof by reference, ~s hereby approved, subject to the following conditions Llghtmg on the property shall be designed and maintained so as not to shine and proJect upward to prevent the d~ffus~on into the mght sky SECTION 2 Th~s resolution shall become effective ~mmedmtely from and after ~ts approval PASSED AND APPROVED tills the /~-~-'-/~ day of '~ ,2001 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS~O LEGAL FORM ~-~ ~.~ PAGE 2 S \Our Docum~nts~,esolutlons\01\City Criteria Resolution doc RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL ADOPTING CRITERIA FOR USE IN REDISTRICTING 2001 PROCESS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, this CaW Council has certain responsibilities for redistricting under federal and state law including, but not hmated to, Amendments 14 and 15 to the Umted States Constltutmn, U S C A (West 1987), and the Voting Rights Act, 42 U S C A § 1973, et seq (West 1987 and Supp 1999), and Tex Gov't Code Ann §§ 2058 001 and 2058 002 (Vernon Pamph 2000), and WHEREAS, the C~ty Council has certain responsibilities for rethstnctmg under the City Charter, and WHEREAS, on review of the 2000 census data at appears that a population imbalance exists requanng redistricting of the City Councflmember D~strlcts, and WHEREAS, ~t as the intent of the City to comply with the Voting Rights Act and with all other relevant law, including Shaw v Reno jurisprudence, and WHEREAS, a set of established redistricting entena wall serve as a framework to guide the City m the consideration of districting plans, and WHEREAS, established cntena will provide the City a means by which to evaluate and measure proposed plans, and WHEREAS, rethstnctlng criteria will assist the C~ty in its efforts to comply with all apphcable federal and state laws, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City, m ~ts adoption of a rethstncting plan for C~ty Councflmember Districts, will adhere to the following criteria 1 Where possible, easily identifiable geographic boundaries should be followed 2 Communities of interest should be mmnta~ned in a single district, where possible, and attempts should be made to avoid sphttmg neighborhoods 3 To the extent possible, districts should be composed of whole voting precincts Where this as not possible or practicable, districts should be drawn ~n a way that penmts the creation of practical voting precincts and that ensures that adequate facilities for polling places exist m each voting precinct 4 Although at is recognized that existing districts wall have to be altered to reflect new population distribution, any districting plan should, to the extent possible, be based on existing districts 5 Districts must be configured so that they are relatively equal in total population according to the 2000 federal census In no event should the total deviation between the largest and the smallest district exceed ten percent The City will attempt to achieve a deviation that IS less than ten percent under the data released by the Census Bureau 6 The dtstncts should be compact and composed of contiguous temtory Compactness may contain a functional, as well as a geographical dimension 7 Consideration may be given to the preservation of incumbent-constituency relations by recogmtion of the residence of incumbents and their history in representing certain areas 8 The plan should be narrowly tailored to avoid retrogression In the position of racial mmontles and language mmonties as defined in the Voting Rtghts Act with respect to their effective exercise of the electoral franchise 9 The plan should not fragment a geographically compact minority commumty or pack minority voters In the presence of polarized voting so as to create habahty under section 2 of the Voting R~ghts Act, 42 U S C § 1973 SECTION II This resolution shall become effective immediately upon ItS passage and approval PASSED AND APPROVED thls the /5~dayof {'~.~.~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY NOTE Amended by Resolution No R2001-031 S \Our Docum~nts~Resolut~ons\Ol\C~ty Gmdelmes Resolution doc REsoLuTION NO. A RESOLUTION ESTABLISHING GUIDELINES FOR PERSONS SUBMITTING SPECIFIC REDISTRICTING PROPOSALS, AND PROVIDING AN EFFETIVE DATE V~rHEREAS, the City Council for the City of Denton has certain responsibilities for redistricting under federal and state law lneluchng, but not hm~ted to, Amendments 14 and 15 to thc Umted States Constitution, U S C A (West 1987), and the Voting Rights Act, 42 U S C A § 1973, etseq (West 1987 and Supp 1999), and Tex Gov't Code Ann §§ 2058 001 and 2058 002 (Vernon Pamph 2000), and WHEREAS, the C~ty Council has certain responsthllltles for redlstnctmg under the City Charter, and WlIEREAS, ~t ~s necessary to provide for the orderly consideration and evaluation of redistricting plans which may come before the City Council, and WltEREAS, these guidelines relate to persons who have specffic redistricting plans they w~sh the C~ty Council to consider, and WHEREAS, the City Council welcomes any comments relevant to the redistricting process, NOW TItEREFORE, TItE COUNCIL OF TItE CITY OF DENTON HEREBY RESOLVES. SECTION I That m order to make sure that any plan that m~ght be submitted ~s of maximum assmtance to the City Council in its demmon making process, the City Council hereby sets the following guidelines 1 Plans should be submitted in writing If a plan ~s submitted orally, there is significant opportunity for misunderstanding, and it is possible that errors may be made in analyzing it The City Council wants to be sure that all proposals be fully and accurately considered 2 Any plan should show the total population and voting age population for Blacks, Hmpanms, Asians and Anglo/other for each proposed City Council dmtnct If a plan is submitted w~thout a population breakdown, the Caty Counml may not have sufficient information to give ~t full conmderat~on 3 Plans should be submitted by July 1, 2001 In order to meet the deadlines ~mposed by state and federal law, the City Council will need to adopt a plan by August 1, 2001 4 Plans should redistrict the entire C~ty The C~ty Council, of course, will be consldenng the effect of any plan on the entire City Also the City Council is subject to the Voting l'rights Act, wtuch protects various racial and language minorities Thus, as a matter of federal law, it will be required to consider the effect of any proposal on multiple racial and ethnic groups If a plan does not redistrict the entire City, it may be impossible for the City Council to assess its impact on one or more protected minority groups 5 Plans should conform to the criteria the City Council will be using in drawing the City Council member districts SECTION II This resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED tam the /;~day of .~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY Y~/ APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Document~Aesolutlons\01~Amended City Guldehnes P, esolutmn doc =SOLUTION NO. DJ/ A RESOLUTION AMENDING RESOLUTION NO R2001-028 ESTABLISHING GUIDELINES FOR PERSONS SUBMITTING SPECIFIC REDISTRICTING PROPOSALS TO AMEND DATES OF SUBMISSION FOR PLANS AND FINAL ADOPTION, PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council for the City of Denton has certain responsibilities for redistricting under federal and state law including, but not limited to, Amendments 14 and 15 to the Umted States Constitution, U S C A (West 1987), and the Voting R~ghts Act, 42 U S C A § 1973, etseq (West 1987 and Supp 1999), and Tex Gov't Code Ann §§ 2058 001 and 2058 002 (Vernon Pamph 2000), and the Denton City Charter, and WHEREAS, on the 15th day of May, 2001 the City Council passed Resolution No R2001-028 estabhshlng guidelines for persons submitting specific redistricting proposals, and WHEREAS, subsequent to the passage of Resolution No R2001-028, thc Denton County Branch of the National Association for the Advancement of Colored People (NAACP) passed a resolution urging the City Council to provide additional opportunity for their input and recommendations, and WHEREAS, City Council desires to provide more time to pcrsuns who have specific redistricting plans they wish the City Council to consider, and WHEREAS, the City Council desires to amend the date of submission of plans and final adoption to allow more time for citizen input, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That Section I, subsection 3 of Resolution No R2001-028 is hereby amended to read as follows 3 Plans should be submitted by August 1, 2001 In order to meet the deadhnes imposed by state and federal law, the City Council will need to adopt a plan by September 4, 2001 SECTION II That save and except as amended hereby all the remmnmg sections, subsections, sentences and clauses of Resolution No R2001-028 shall remmn in full force and effect SECTION HI This resolution shall become effective Immediately upon its passage and approval EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2 Next Document RESOLUTION NO ~dt~/-- t~,~ q A RESOLUTION ACKNOWLEDGING THE DENTON EMERGENCY PLANNING ADVISORY COUNCIL (DEPAC) AS AN ADVISORY GROUP CONCERNED WITH ALL EMERGENCIES AND THEIR IMPACT UPON THE CITY OF DENTON AND DENTON COUNTY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Denton Emergency Planning Advisory Council (DEPAC) will make recommendations to the City of Denton's Emergency Management Coordinators and Denton County's Emergency Management Coordinator regarding mitigation, preparedness, response and recovery for all emergency events, and WHEREAS, the Denton County Local Emergency Planning Committee (LEPC) is primarily ,concerned w~th hazardous material events, DEPAC will be concerned with all hazards which may impact Denton, and WHEREAS, the LEPC and DEPAC will work together to provide the City of Denton and Denton County with sound emergency management pnnclples and lnformatlon to make wise decisions, and WHEREAS, the City Council is desirous of acknowledging DEPAC, a commattee that will work toward a disaster resistant community, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City Council hereby acknowledges the Denton Emergency Planning Advisory Council (DEPAC) as a committee formed with representatives from the following organizations Pubhe Schools Business/Industry Umvers~taes Volunteer Organizations Pubhe Education Special Needs Populations Me&cai/EMS City Staff COunty Staff Corflmunleatlons Local Citizens DEPAC will make recommendations to the City of' Denton's Emergency Management Coordmators and Denton County's Emergency Management Coordinator regarding mitigation, preparedness, response and recovery for all emergency events SECTION 2 Members from other groups will be added as necessary to further the purpose of DEPAC Additionally, DEPAC will work w~th LEPC to provide the City of Denton and Denton County w~th sound emergency management pnnmples and mfonnat~on to make wise decisions SECTION 3 That this resolution shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED this the ,~--~--~ dayof ~2~./ ,2001 EULINE BRO~K, MA~OR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 RESOLUTION NOff.O/)C::~t~O/_ A ~SOLUTION NOM~AT~G A ~mER TO THE BO~ OF M~AGERS OF ~E DENCO ~A 9-1-1 DIST~CT, ~ DECL~G ~ EFFECTIVE DATE ~E~AS, ~e t~ of office of Mayor Ohve St~h~s, a member of the Bo~d of M~agers of~e Denco 9-1-1 Dlsmct, will expire on Septemb~ 30, 2001, ~d ~E~AS, Sec~on 772 306(c)(2) of ~e Health ~d Safe~ Code (V A C S ) prowdes that ~o votmg members of the Bo~d of M~agers of ~ Emergency Co~mcatmn D~smct sh~l be appointed jointly by p~clpat~ng mmclpaht~es located m whole or m p~ m ~e D~smct, ~d ~E~AS, ~e C~ of Denton, Tex~ w~shes to nommate a member to smd Bo~d, NOW, THE~FO~, THE CO~CIL OF ~E CITY OF DENTON, TE~S, HE.BY ~SOLVES SECTION 1 That ~e C~ of Denton, Texas hereby nominates Mayor Ohve Stephens as a member to ~e Bo~d of M~ag~s for ~e Denco ~ea 9-1-1 Emergency Co~ca~on D~smct of Denton Co~ for a ~o ye~ tern to co~ence October 1, 2001 SECTION 2 That t~s resolution shall become effective l~edmtely upon its passage ~d approval PASSED~PROVED~ls~e ~ dayof ~ ,2001 EUL~E BROCK~XYO~ ATTEST JE~IFER W~TERS, CITY SEC~T~Y HE~ERT L PROUTY, CITY ATTO~Y S \Our Documen~s~Rcsolut~ons\0BAmended Cdy Gmdelmes R~solut~on doc RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO R2001-028 ESTABLISHING GUIDELINES FOR PERSONS SUBMITTING SPECIFIC REDISTRICTING PROPOSALS TO AMEND DATES OF SUBMISSION FOR PLANS AND FINAL ADOPTION, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council for the City of Denton has certmn responslbthtles for redistricting under federal and state law including, but not hmlted to, Amendments 14 and 15 to the United States Constatutlon, U S C A (West 1987), and the Voting Pdghts Act, 42 U S C A § 1973, etseq (West 1987 and Supp 1999), and Tex Gov't Code Ann §§ 2058 001 and 2058 002 (Vernon Pamph 2000), and the Denton City Charter, and WHEREAS, on the 15th day of May, 2001 the City Council passed Resolution No R2001-028 estabhslung gmdehnes for persons submlttlng specific redistricting proposals, and WHEREAS, subsequent to the passage of Resolution No R2001-028, the Denton County Branch of the National Association for the Advancement of Colored People (NAACP) passed a resolution urging the City Council to promde additional opportunity for their input and recommendataons, and WHEREAS, City Counml desires to prowde more tame to persons who have spemfic redmtnctmg plans they w~sh the City Council to consider, and WHEREAS, the City Council desires to amend the date of submission of plans and final adoption to allow more tmae for mtazen input, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That Section I, subsection 3 of Resolutaon No R2001-028 is hereby amended to read as follows 3 Plans should be submitted by August 1, 2001 In order to meet the deadlines imposed by state and federal law, the City Council will need to adopt a plan by September 4, 2001 SECTION II That save and except as amended hereby all the remmmng sectaons, subsections, sentences and clauses of Resolution No R2001-028 shall remmn m full force and effect SECTION III Th~s resolution shall become effective immediately upon its passage and approval EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ?~~' ff/~4 S \Our Documents\Resolutlons\01\SP 01 0014 doc RESOLUTION NO ~c~/Q/~/- ~cv~ A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A NONRESIDENTIAL PROJECT PLAN FOR A RETAIL/COMMERCIAL DEVELOPMENT, BEiNG AN APPROXIMATELY 10 8 ACRE SITE GENERALLY LOCATED AT THE NORTHWEST CORNER OF UNIVERSITY AND LOOP 288, AND PROVIDiNG FOR AN EFFECTIVE DATE (SP-01-0014) WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 whmh estabhshed certain nonresidential interim regulations (the "Nonresidential Interim Regulations"), WHEREAS, the Noures~dentlal Interim Regulations established, among other things, a project plan reqmrement, and WHEREAS, Joe Lancaster, as agent for the owners of the approximately l0 8 acres zoned Commercial (C) ofunplatted land generally located northwest comer of University and Loop 288, in the city of Denton, Denton County, Texas, has made apphcatlon for approval of a project plan under the nonresidential Interim Regulations, a copy of which ~s attached hereto as Exhibit "A" and made a part hereof by reference (the "ProJect Plan"), and WHEREAS, the C~ty Council finds that the Project Plan, with the conditions imposed herein, if any, meets the reqmrements of the Nonresidential Interim Regulations NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SI~CTION 1 The Project Plan as hereby approved subject to the following condmons 1 The drainage plan for the property must be recommended by staff and approved by the Planmng and Zomng Commission as part of the platting process 2 The traffic ampact analysis rewew and related traffic improvements must be recommended by staffand approved by the Planmng and Zomng Commission as part of the platting process 3 Staff m authorized to Issue bmldmg permits for Parcels 1 and 2A in the future, provide the architecture of the bmld~ngs are compatible w~th the pnnmpal structure, and 4 If, during the review and approval of the drainage and traffic plans, or dunng the rewew of the s~te plans for Parcels 1 and 2A, minor amendments are necessary to facilitate design preferences or m~t~gate potential negative impacts, stafhs authorized to approve such amendments SECTION 2 Th~s resolution shall become effective immediately from and after ~ts approval S \Our Docum~nts\Resolutlons\01\SP O1 0014 doc PASSED AND APPROVED thls thc /q ~ day of (/~/~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM BY '- ~"~/~ - EXHIBIT A ,~j~ ~1N7 ) b,NO%L~ IE17V o ~1~ I Next Document s \Our Doeum~nts~Resolutlons\01\911 budget doe RESOLUTION NO A RESOLUTION APPROVING THE FISCAL YEAR 2002 FINANCIAL PLAN OF THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO TEXAS HEALTH & SAFETY CODE §772 309 AS AMENDED, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty Council of the C~ty of Denton has been presented the 2002 Financial Plan of the Denco Area 9-1-1 D~stnct for approval, m accordance w~th Tex Health & Safety Code §772 309 (Vernon 1999) as amended, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SI~CTION 1 That the C~ty Council of the C~ty of Denton hereby approves the 2002 fiscal year financml plan of the Denco Area 9-1-1 D~stnct SECTION 2 That th~s resolution shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~sthe /7~t~day of (/~/Z~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY AN ORDINANCE OF THE CITY OF DENTON NAMiNG THE AVONDALE TENNIS COURTS AFTER MABEL CRAVEN, AND DECLARING AN EFFECTIVE DATE WHEREAS, the ehmr for the Park and Recreation Board appointed a committee to develop a recommendation for a name for the tennis courts at Avondale Park, and WHEREAS, the naming committee proposed that the tennis courts at Avondale Park be named after Mabel Craven, and WHEREAS, the Parks and Recreation Board recommends that the tennis courts at Avondale Park be named after Mabel Craven, and WHEREAS, the City Council has determined that the recommendation complies w~th the pohcy and guidehnes regarding the naming of parks and park facilities and has also determined that ~t would be proper and fitting to name the tennis courts at Avondale Park be named m honor and memory of Mabel Craven and wishes to recognize this community leader for her generous contributions of service, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The tennis courts at Avondale Park shall now and hereafter be known and designated as the Mabel Craven Tennis Courts SECTION 2 Th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED fins the /~day of (~ ,2001 EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM BY ~'""~-'~ r~'~ S \Our Documents\Ordmances\01~Nammg Craven tenms courts doc RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS CALLING A PUBLIC HEARING TO CONSIDER ESTABLISHING A REINVESTMENT ZONE IV FOR SALLY BEAUTY COMPANY, INC, RATIFYING PRIOR ACTIONS, AND DECLARING AN EFFECTIVE DATE WHEREAS, the City has prewous to the passage of th~s resolution by Resolution R2000- 028 passed on June 6, 2000 re-estabhshed its Tax Abatement Pohcy by adopting gmdehnes and criteria govemmg tax abatement agreements in accordance w~th Tex Tax Code ch 312, which Policy was amended by Resolution No 2001-020 on May 1, 2001, and the City has declared that tt elects to,become ehg~ble to part~mpate ~n tax abatement, and WHEREAS, the City finds that it ~s m the pubhc ~nterest to call a pubhc hearing to consider the creation of a relnvestment zone for tax abatement purposes for the purpose of offering a tax abatement to Sally Beauty Company, Inc in accordance w~th Tex Tax Code §312 201, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the C~ty Cotmcfl hereby calls a pubhc heanng and the C~ty Manager is hereby authorized to g~ve notme of a pubhc heanng for the estabhshment of a rmnvestment zone (Remvestment Zone IV), comprised of the property located on approxamately 13 3742 acres at or near 3900 Morse Street, w~thm the corporate hm~ts of the C~ty of Denton as more fully described m the attached Exhibit "A" and as shown on the dmgram as the area outlined an red attached hereto as Exlub~t "B," for the purpose of entering ~nto a tax abatement agreement w~th Sally Beauty Company, Inc for a project to be developed within a 13 3742 acre tract of land within th~s Re~nvestment Zone and other ehg~ble projects under the City's Tax Abatement Policy, whmh Exhibit "A" and "B" are made a part of thas resolution for all purposes as ~fwntten word for word here~n At the heanng, the City Council wall determine whether the ~mprovements sought are feasible and practical and would be a benefit to the land to be included in the Zone and to the C~ty after expiration of any tax abatement agreement entered anto under Tex Tax Code ch 312 Not, ce of the pubhc heanng will be substantially ~n the form of the attached Exhibit "A," wfuch exhibit ~s made a part of th~s resolution as ~f written word for word herein The pubhc heanng will take place on the 31st day of July, 2001, at 6 00 p m ~n the C~ty Council Chambers at Caty Hall at 215 E McKlnney, Denton, Texas 76201, but not until at least seven days after notme of thas pubhc hearing has been published an the Denton Record- Chrontcl¢, a newspaper hawng general mrculat~on within the Caty, and specffic notices are dehvered, m writing to the pres~chng officer of the Board of Trustees of the Denton Independent School D~stnct, the Commissioners Court of Denton County, and to other taxing units, af any, that include m their boundaries the real property described ~n the attached Exh~bat "A" ~n accordance w~th Tex Tax Code §312 201 All prior actions of the City Manager, the Director of Community Development, the City Attorney, and thmr staffs in provldang the reqmred notme are hereby ratffied and approved SECTION 2 That th~s resolution shall become effective munedlately upon its passage and approyal at a regular meeting of the City Council of the C~ty of Demon, Texas on this the 17' day of July, 2001, at whmh meeting a quorum was present and the meeting was held in accordanc~ wtth the promstons ofTex Gov't Code §551 001, et seq PASSED AND APPROVED thts the /~--~ dayof (/~/.(~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 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 IV FOR COMMERCIAL AND INDUSTRIAL TAX ABATEMENT PURPOSES THE PURPOSE OF THE ZONE IS TO RETAIN THE SALLY BEAUTY COMPANY, INC AND ITS RENOVATION PROJECT AND TO ATTRACT 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 PURPOSE 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. THE PUBLIC HEARING WILL BE HELD IN ACCORDANCE WITH CHAPTER 312 OF THE TAX CODE ALL INTERESTED PARTIES, INCLUDING RESIDENTS OF THE PROPOSED ZONE, ARE ENCOURAGED TO PRESENT THEIR VIEWS AT THE HEARING. Page 1 of 3 THE PUBLIC HEARING WILL BE HELD ON JULY 31, 2001, AT 6 00 P M IN THE CITY COUNCIL CHAMBERS AT CITY HALL AT 215 EAST MCKINNEY STREET, DENTON, TEXAS. REINVESTMENT ZONE IV WILL BE COMPOSED OF APPROXIMATELY 13 3742 ACRES OF LAND LOCATED AT OR NEAR 3900 MORSE STREET WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON, TEXAS. THE REINVESTMENT ZONE IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING a tract of land situated in the M E P and P.R R. Co Survey, Abstract No 927, Denton County, Texas, being a part of Lot 6, Block 3 of the Golden Triangle Industrial Park, Phase V, an addition to the City of Denton according to the plat recorded In Cabmet C, Page 87, Plat Records of Denton County, Texas, and being more particularly described as follows' BEGINNING at a found ~-lnch iron rod with cap stamped "A H HALFF ASSOC" (hereafter referred to as "with cap") at the intersection of the South right-of-way line of Morse Street (60 feet wide) with the East right-of-way line of I~mberly Drive (60 feet wide); THENCE South 88 degrees 50 minutes 50 seconds East, along said South line, a distance of 393.00 feet to a found ¼-inch iron rod with cap for a corner, THENCE South 1 degree 09 minutes 10 seconds West, departing said South line, a distance of 529.70 feet to a point for a corner, said corner lying South 1 degree 09 minutes 10 seconds West, a distance of 20.00 feet from a YMnch iron rod with cap set for witness, which lies on the North line of a 40~foot wide Drainage and Utdlty Easement as shown on said recorded plat in Cabinet C, Page 87, THENCE North 88 degrees 50 minutes 50 seconds West, along the centerhne of said easement, a distance of 411 80 feet to a point for a corner lying on the East line of said Klmberly Drive and being South 88 degrees 50 minutes 50 seconds East, a distance of 0.30 feet from an 'x' found for witness in top of a headwall, THENCE North 3 degrees 11 minutes 09 seconds East, along said East hne, a distance of 20.00 feet passing a set ~-inch iron rod with cap, and continuing on line, a total distance of Page 2 of 3 530.03 feet to the POINT OF BEGINNING AND CONTAINING 213,153 square feet or 4 893 acres of land. AND BEING an 8.4812 acre tract of land in the M.E P. & P.R.R. CO. SURVEY, ABSTRACT NO 927, and being all of Lot 1, Block 3 and part of Lot 6, Block 3, Phase V of the Golden Triangle Industrial Park, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet C, Page 87, Plat Records of Denton County, Texas, and being more particularly described as follows. BEGINNING at a ~-inch iron rod with a yellow plastic cap stamped "A.H HALFF ASSOC." (hereafter referred to as "with cap") found at the point of intersection of the south right-of-way line of Morse Street (60 feet wide), and the west right-of-way line of Mayhill Road (60 feet wide); THENCE South 03 degrees 24 minutes 15 seconds West, along said west line, a distance of 530 11 feet to a ½-inch iron rod with cap found for a corner, THENCE North 88 degrees 50 minutes 50 seconds West, departing said west line and along the south line of Lot 1, at 562 39 feet passing the southwest corner of Lot 1 and continuing along the south line of Lot 6, in all a distance of 687.04 feet to a ½-1nch iron rod with cap found on the south line of Lot 6; THENCE North 01 degree 09 minutes 10 seconds East, departing said south line of Lot 6, a distance of 529.70 feet to a V2-inch iron rod with cap found for a corner, said point lying on the south right-of-way line of Morse Street (60 feet wide), THENCE South 88 degrees 50 minutes 50 seconds East, along said south right-of-way line, at 158 16 feet passing the northeast corner of Lot 6 and continuing along the north line of Lot 1, In all a distance of 707 86 feet to the POINT OF BEGINNING AND CONTAINING 369,438 square feet or 8.4812 acres of land BOTH TRACTS TOTALING 13.3742 acres of land Page 3 of 3 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS CALLING A PUBLIC HEARING TO CONSIDER ESTABLISHING A REINVESTMENT ZONE V FOR PETERBILT MOTORS COMPANY, A DIVISION OF PACCAR, INC, RATIFYING PRIOR ACTIONS, AND DECLARING AN EFFECTIVE DATE WHEREAS, the City has previous to the passage of this resolution by Resolution R2000- 028 passed on June 6, 2000 re-estabhshed ,ts Tax Abatement Policy by adopting guidelines and critena governing tax abatement agreements In accordance with Tex Tax Code ch 312, winch Policy was amended by Resolution No 2001-020 on May 1, 2001, and the City has declared that it elects to become eligible to participate 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 remvestment 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 is hereby anthonzed to give notice of a public heanng for the establishment of a relnvestment zone (Remvestment Zone V), comprised of the property located on approximately 8 752 acres at or near 1700 Woodbrook, within the corporate limits of the City of Denton as more fully described in the attached Exhibit "A" and as shown on the diagram as the area outlined in red attached hereto as Exhibit "B," for the purpose of entenng into a tax abatement agreement with Peterbilt Motors Company, a division of PACCAR, Inc for a project to be developed within a 8 752 acre tract of land within this Relnvestment Zone and other eligible projects under the City's Talc Abatement Policy, which Exhibits "A" and "B" are made a part of this resolution for all purposes as if written word for word herein At the heanng, the City Council will determine whether the improvements sought are feasible and practical and would be a benefit to the land to be included in the Zone and to the City after expiration of any tax abatement agreement entered into under Tex Tax Code ch 312 Notice of the public heanng will be substantially in the form of the attached Exhibit "A," which exlublt is made a part of this resolution as if written word for word herein The pubhc hearing will take place on the 31st day of July, 2001, at 6 00 p m in the City Council Chambers at City Hall at 215 E McK~nney, Denton, Texas 76201, but not until at least seven days after notice of this public heanng has been published in the Denton Record- Chromcl¢, a newspaper having general circulation within the City, and specific notices 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 umts, if any, that include in their boundaries the real property described in the attached Exhibit "A" in accordance with Tex Tax Code §312 201 All prior actions of the City Manager, the Director of Commumty Development, the City Attorney, and their staffs in providing the required notice are hereby ratified and approved SECTION 2 That th~s resolution shall become effective immediately upon Its passage and approval at a regular meeting of the C~ty Councd of the City of Denton, Texas on this the 17th day of July, 2001, at which meeting a quorum was present and the meeting was held ~n accordance w~th the provisions ofTex Gov't Code §551 001, et seq PASSED AND APPROVED this the /7'~/f- day of f_~'ff.,~ , 2001 EUL1NE BROCK, MAYOR ATTEST~ JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 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 V FOR COMMERCIAL AND INDUSTRIAL TAX ABATEMENT PURPOSES. THE PURPOSE OF THE ZONE IS TO ATTRACT THE PETERBILT MOTORS COMPANY IMPROVEMENT PROJECT FOR NEW CONSTRUCTION TO PROVIDE FOR AN ADDITION TO THEIR DIVISION HEADQUARTERS AND TO ATTRACT 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 PURPOSE 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 THE PUBLIC HEARING WILL BE HELD IN ACCORDANCE WITH CHAPTER 312 OF THE TAX CODE ALL INTERESTED PARTIES, INCLUDING RESIDENTS OF THE PROPOSED ZONE, ARE ENCOURAGED TO PRESENT THEIR VIEWS AT THE HEARING. Page 1 of 4 THE PUBLIC HEARING WILL BE HELD ON JULY 31, 2001, AT 6 00 P M. IN THE CITY COUNCIL CHAMBERS AT CITY HALL AT 215 EAST MCKINNEY STREET, DENTON, TEXAS. REINVESTMENT ZONE V WILL BE COMPOSED OF APPROXIMATELY 8.752 ACRES OF LAND LOCATED AT OR NEAR 1700 WOODBROOK WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON, TEXAS THE REINVESTMENT ZONE IS MORE PARTICULARLY DESCRIBED AS FOLLOWS' 4 086 ACRE TRACT ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE R.H HOPKINS SURVEY, ABSTRACT NO 1694 AND THE J. MCGOWAN SURVEY, ABSTRACT NO 797, DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 1.447 ACRE TRACT, DESCRIBED IN A DEED TO THE SYNOD OF TEXAS, PRESBYTERIAN FOUNDATION OF THE UNITED PRESBYTERIAN CHURCH, U S A., A TEXAS CORPORATION, RECORDED IN VOLUME 458, PAGE 224, DEED RECORDS, DENTON COUNTY, TEXAS, AND A PART OF A 31 715 ACRE TRACT, DESCRIBED IN A DEED TO THE SYNOD OF TEXAS, PRESBYTERIAN FOUNDATION OF THE UNITED PRESBYTERIAN CHURCH, U.S.A., A TEXAS CORPORATION, RECORDED IN VOLUME 485, PAGE 97, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS Page 2 of 4 BEGINNING AT A WOOD RIGHT-OF-WAY POST AT THE NORTHWEST CORNER OF SAID 1.447 ACRE TRACT, BEING THE NORTHEAST CORNER OF LOT 1,OF THE REPLAT OF BLOCK 2, SOUTHRIDGE CENTER, RECORDED IN VOLUME 6, PAGE 8 PLAT RECORDS, DENTON COUNTY, TEXAS, AND BEING ON THE SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35 EAST (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE SOUTH 73 DEGREES 43 MINUTES 46 SECONDS EAST, WITH THE NORTH LINE OF SAID 1.447 ACRE TRACT AND THE SAID SOUTH RIGHT-OF- WAY LINE, A DISTANCE OF 166.40 FEET TO A ~A INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, THENCE SOUTH 78 DEGREES 35 MINUTES 00 SECONDS EAST, WITH THE NORTH LINE OF SAID 1.447 ACRE TRACT AND THE SAID SOUTH RIGHT-OF- WAY LINE, A DISTANCE OF 342 58 FEET TO A ~ INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 AT THE INTERSECTION OF THE SAID SOUTH RIGHT-OF-WAY LINE AND THE WEST RIGHT-OF-WAY LINE OF SOUTHRIDGE DRIVE (A 60 FOOT RIGHT-OF-WAY), THENCE SOUTH 01 DEGREES 00 MINUTES 33 SECONDS EAST, WITH SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 307 79 FEET TO A FOUND IRON PIN AT THE NORTHEAST CORNER OF LOT 6, BLOCK 3, SOUTHRIDGE CENTER, RECORDED IN VOLUME 3, PAGE 51 PLAT RECORDS, DENTON COUNTY, TEXAS, THENCE NORTH 89 DEGREES 43 MINUTES 58 SECONDS WEST, WITH THE NORTHLINE OF SAID BLOCK 3, A DISTANCE OF 497.59 FEET TO A ~ INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 AT THE Page 3 of 4 NORTIt~VEST CORNER OF LOT 3, BLOCK 3, AND BEING ON THE EAST LINE OF LOT 2, OF SAID BLOCK 2, SOUTHRIDGE CENTER; THENCE NORTH 00 DEGREES 27 MINUTES 40 SECONDS WEST, WITH THE EAST LINE OF SAID BLOCK 2, A DISTANCE OF 419 87 FEET TO THE POINT OF BEGINNING, AND CONTAINING IN ALL 4.086 ACRE OF LAND. 4.486 ACRE TRACT BLOCK 1, OF SOUTHRIDGE, AN ADDITION TO THE CITY OF DENTON, AS SHOWN BY THE PLAT THEREOF, RECORDED IN VOLUME 3, PAGE 51 PLAT RECORDS, DENTON COUNTY, TEXAS. BOTH TRACTS TOTALING 8.752 ACRES OF LAND. Page 4 of 4 Y/Ill RESOLUTION NO/2/~t~/~ ,/ A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 2000 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN JUNE 2000 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 concemed with the development of viable urban communat~es, ancluchng decent housmg, a statable hvmg enmronment and expanded economm opporttuntles, and WHEREAS, the Czty of Denton as an entitlement caty under the Commumty Development Block Grant program and a partm~patmg jurisdiction under the HOME Investment Partnershtps program, prepared through a catazen partac~pataon process, a plan for usang ~ts 2000 CDBG, HOME and program income funding zn the approxamate amount of $1,668,810, and WHEREAS, the Caty of Denton wzshes to reallocate $10,000 an 2000 CDBG fundzng from the TWU CARES Health Chmc to other projects and programs funded ~n the 2000 program year lncludmg pubhc servmes, housing and/or pubhc facthty amprovements WHEREAS, the City of Denton will reallocate specffic amounts based on project and program needs including approximately $7,500 in additional fundmg to the Boys and G~fls Club of Denton County for summer youth programming, 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 City Manager to submit to the US Department of Housmg and Urban Development an amendment for the reallocation of funds in the 2000 Action Plan for Housing and Cormmunty Development that was previously subnutted for a grant apphcataon w~th appropriate assurances for CDBG and HOME funds under the Housing and Community Development Act of 1974 and the Affordable Housang Act of 1990, as amended, to provide $10,000 to projects and programs funded an the 2000 program year including apprommately $7,500 in additional fundang to the Boys and G~rls Club of Denton County for summer youth programming and to execute all other documents and take all other actions necessary to finalaze thas amendment SECTION 2 That the C~ty Council anthonzes the C~ty Manager or h~s designee to handle all fiscal and admmastrat~ve matters related to the amended Actmn Plan SECTION 3 That thas resolutmn shall become effective ammedlately upon its passage and approval PASSED AND APPROVED this thc /'7~'~ dayof ~ ,2001 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 2002 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN EFFECTrVE DATE WHEREAS, the 2002 proposed budget of the Denton Central Apprmsal District was submitted to the C~ty of Denton on June 22, 2001, and WHEREAS, the proposed budget contains a hst showing each proposed point,on, the proposed salary for the pomt~on, all benefits proposed for the potation, each proposed capital expenditure, and an estimate of the amount of the budget that will be allocated to the C~ty of Denton, Texas, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the C~ty Council, pursuant to Artmle 6 06 of the Texas Tax Code, approves the 2002 proposed budget of the Denton Central Apprmsal D~stnct SECTION 2 That thts resolution shall become effectave ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED thls the //~--~ dayof (/~ ,2001 EULINE BROCK, MAYOR ATTEST' JENNIFI~R WALTERS, CITY SECRETARY BY BI[ ~,.,.-.__~ HERBERT L PROUTY, CITY ATTORNEY PROJECT PLAN FOR A CAR WASH AND VEHICLE SERVICE CENTER, BEING AN APPROXIMATELY ! 32 ACRE SITE LOCATED ON THE NORTH SIDE OF COLORADO BOULEVARD EAST OF SAN JACINTO, AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-0010) WHEREAS, on March 2, 2000, the Oty Council adopted Ordtnance No 2000-069 whtch estabhshed certain no~esldentlal ~ntenm regulations (the "Nonrestdenttal Interim RegulaUons"), WHEREAS, the Nonres~dential Interim Regulations estabhshed, among other thtngs, a project plan reqmrement, and WHEREAS, the owners of an approximately 1 32 acre tract of land zoned Light Indusmal (LI) and described as 1 3226 acres ofunplatted land ~n the J S Taft Survey, Abstract No 1256, in the city of Denton, Denton County, Texas, have made apphcat~on for approval of a project plan under the nonresldenttal Interim Regulations, a copy of which ts attached hereto as Exhibit "A" and made a part hereof by reference (the "ProJect Plan"), and WHEREAS, the Oty Council finds that the Project Plan, w~th the conditions ~mposed hereto, tf any, meets the requirements of the Nonresidential Interim Regulations NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The ProJect Plan is hereby approved SECTION 2 This resolutton shall become effecttve tmmedlately from and after ~ts approval EUL1NE BROCK, MAYOR ATTEST JEN~FER WALTERS, {5;ITY SECRETARY BY ~/(~//~'~ Page 1 ofl EXHIBIT A / I~ A RESOLUTION OF THE CITY OF DENTON, TEXAS, REQUESTING THE DENTON COUNTY COMMISSIONERS COURT AND THE DENTON COUNTY REDISTRICTING COMMITTEE TO ADOPT A DENTON COUNTY REDISTRICTING PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton County Commissioners' Court has certain responsibilities for redistricting under federal and state law ~nclud~ng, but not limited to, Amendments 14 and 15 to the Umted States Constitution, U S C A (West 1987), and the Voting Rights Act, 42 U S C A § 1973, etseq (West 1987 and Supp 1999), and Tex Gov't Code Ann §§ 2058 001 and 2058 002 (Vernon Pamph 2000), and WHEREAS, the Denton County Commissioners Court has appointed a committee and held a meeting concemmg redistricting, WHEREAS, the Denton City Council desires to provide input dunng the redistricting process to' the Denton County Commissioners Court, and WHEREAS, the City Council deems that it is ~n the public interest that the Denton County Redistricting Committee and the Denton County Commissioners' Court consider adopting a Denton County Redistricting Plan based on the plan submitted by this Resolution, NOW TItEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I The City of Denton requests that the Denton County Redistricting Committee and the Denton County Commissioners' Court adopt the Denton County Redistricting Plan as shown on the map that is attached hereto as Exlublt "A" and made a part ofttus Resolution for all purposes SECTION II That the C~ty Secretary submit a s~gned copy oftbas resolution to the Denton County Comm~smoners' Court and the Denton County Redlstnctmg ComrmRee SECTION III Th~s resolution shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED thts the ~fl/~day of ~//~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY RBSOLUTIONNO ~00/- OL/// A RESOL' ~ION VOT~G FOR A ~ER TO ~E BO~ OF MANAGE~ OF ~ DENCO A MA 9-1-1 DIST~CT, ~ DECLAR~G ~ E~ECTWE DATE ~AS, ~e term of o~ce of Mayor Ohve St~hans, a member of ~e Board of Managers of~e Den~o 9-1-1 D~smct, w~ll expire on September 30, 2001, and 1 W~ ~,REAS, S~aon 772 306 of ~e Hefi~ and SafeW Code ~ A C S ) prowdes ~at ~o voting me: nbers of ~¢ Board of Managers of an Emergency Commtuncat~on D~smct sh~l be appo~nt~i omtly by p~mpa~ng m~c~pah~es located m whole or m pm tn ~e Dmmct, and WH ~AS, ~e C~W of Denton, Texas wmhes to vote for a member to smd Board, NOW, T~F( ~, T~ COE NCIL OF ~ CI~ OF DENTON, TE~S, ~BY ~SOLVES ~ ~t ~e C~W of Denton, Texas hereby votes for Mayor Ohve St~hens as a m~ber, to ~¢ Board of Managers of the Emergency CommumcaUon Dmmct of Denton CounW fo~ a ~o year term to commence October 1, 2001 ~ON 2 ~at ~s resoluUon sh~l become effective nnm~ately upon ~ts passage and approval PASSED AND APPROVED thls the 7~ dayof EULINE BROCK, MAYOR ATTESTt JENNIFI~R WALTERS, CITY SECRETARY ! HERBE~r L PROUTY, CITY ATTORNEY BY ? AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Caty of Denton, Texas, antends to make certain amprovements to the Denton Mumc~pal An'port, and WHEREAS, the general desenptaon of the project as described ~n Exhabat "A" whach as attached hereto and made a part hereof for all purposes, and WHEREAS, the C~ty of Denton ~ntends to request financaal assastance from the Texas Department of Transportataon (TxDOT) for these improvements, and THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Caty of Denton, Texas, hereby thrects the City Manager to execute on behalf of the Caty of Denton, at the appropriate tame, and with the appropriate authorizations of this govermng body, all contracts and agreements with the State of Texas, represented by the Texas Depa~htsent of Transportation (TxDOT), and such other partaes as shall be necessary and appropriate for the amplementataon of the ~mprovements to the Denton Mume~pal Airport referenced m Exhlbat A SECTION 2 Thas resolutaon shall become effectave lmmedmtely upon its passage and approval PASSED AND APPROVED this the day of~, 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 EXHIBIT A FY 2002 State Grant Description ATC Tower and Terminal Program Esttmated sponsor share (Ctty of Denton) for total project cost (ATC Tower), $500,000 Ctty of Denton will be responsible for 50% of design and constmctton costs and 100% ofradto, commumcat~ons eqmpment and furmture costs Emmated matching share by TxDOT for ATC tower project ts $375,000 The State will partmtpate in a 50 50 grant match for destgn and constmctton of the proposed control tower Estimated sponsor share (Ctty of Denton) for total cost of the Atrport Terminal is $400,000 The C~ty of Denton will be required to fund 100 % of the cost to furnish the proposed termmal Estlmated,matcbnng share by TxDOT for Atrport Tenmnal project ts $300,000 The State wall partmlpate in a 50 50 grant match for design and construction of the proposed terminal facdtty up to a $300,000 lnnlt CERTIFICATION OF PROJECT FUNDS I, Kathy DuBose , ACM, Fiscal & Mun. Services __, (Name) (T~tle) do certtfy that sufficient funds to meet the C~ty of Denton share of project costs as ~dent~fied for the project and will be avmlable ~n accordance w~th the schedule shown below SPONSOR FUNDS Source Amount Date Available 2001 G.O. Bonds $500,000 10-20-2001 _~ty of Denton, Texas (Sponsor) Title ACM, Fiscal & Mun. Services Date July 26, 2001 DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE I, _Miqhael A. Conduff , City Manager , [Name) (T~tle) with the City of Denton demgnates Jon Fortun% Assistant City Manager [Name, T~tle) as the C~ty of Denton authorized representative for the Control Tower ProJect, who shall have the authority to make approvals and dmapprovals as reqmred on behalf of the C~ty of Denton C~ty of Denton, Texas (Sponsor) By ~ Title city Manager DESIGNATED REPRESENTATIVE Mathng Address 215 East McK±nney Denton, TX 76201 PhysmaVOvermght Address Telephone Number (940) 349-8535 FaxNumber (940) 349-7206 E-mall Address ~on. For tune@Cit¥o fDent on. Com 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 4, 2001, PROVIDING FOR PUBLICATION OF NOTICE OF SUCH VOTE ON THE TAX RATE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, at ~ts regularly scheduled meeting of August 14, 2001, the C~ty Council voted to place a proposal on the September 4, 2001 C~ty Counml regular meeting to adopt a proposed tax rate of $ 54815 per $100 valuatmn, which w~ll exceed the lower of the rollback rate or 103 percent of the effective tax rate, and WHEREAS, the C~ty Secretary duly recorded the vote of the City Council on that matter, and WHEREAS, the City Council also called a pubhc heanng for ~ts regular meeting of August 28, 2001 on the tax increase, and WHEREAS, pubhcatmn of not,ce of that pubhc heanng on the tax increase was made ~n accordance w~th the law, and smd pubhc heanng was held on August 28, 2001 and all proponents and opponents of the tax increase were g~ven an adequate opportumty to present their v~ews at the pubhc heanng, and WHEREAS, the City Council wishes to finally set the date, t~me, and place of the meeting at whmh ~t will vote on the tax rate, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The C~ty Cotmcfl will vote on the proposed tax rate at its regularly scheduled meeting of September 4, 2001, which w~ll commence at 6 00 p m and will be held ~n the City Council Chambers at City Hall at 215 East MclCdnney, Denton, Texas 76201 SECTION 2 Prior to the vote on the tax rate, the C~ty Manager and the Assistant C~ty Manager for Fiscal & Mumclpal Services are d~rected to pubhsh in the Denton Record- Chromcle, a newspaper having general c~rculat~on m the C~ty, the attached Not,ce of Vote on the Tax Rate, which ~s made a part of this resolution for all purposes, such pubhcatlon to be ~n compliance with the reqmrements of the Texas Tax Code SECTION 3 Th~s resolution shall become effective ~mmedmtely upon its passage and approval at a regular meeting of the C~ty Council of the C~ty of Denton, Texas on this the 28th day of August, 2001, at which meeting a quorum was present and the meeting was held m accordance w~th the proms~ons of Tex Gov't Code §551 001, et seq The City Secretary ~s hereby adwsed to record th~s resolution and the vote on the proposal to place the item for a tax ~ncrease on the September 4, 2001 City Cotmcd agenda EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY Councflmember Voted For Voted Agmnst Eullne Brock, Mayor Rom Beasley, Mayor Pro Tern X Mark Burroughs Jane Fulton X Perry McNefll l Mmhael Phflhps X Raymond Redmon ~ Page 2 RESOLUTION NO ~00/-- 04~ A RESOLUTION OF THE CITY COUNCIL OPPOSING THE ISSUANCE OF A TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AIR QUALITY PERMIT TO MARRIOTT RENTALS, INC FOR AN ASPHALT/CONCRETE PLANT AT PROPERTY LOCATED ON MASCH BRANCH ROAD, AUTHORIZING THE MAYOR TO WRITE A LETTER OPPOSING THE GRANTING OF AN AIR QUALITY PERMIT FOR SUCH PLANT, AND DECLARING AN EFFECTIVE DATE WHEREAS, Denton County is the owner of a tract of real property located on Masch Branch Road, and there are other neighborhoods, including Ranch Estates, ~n close proximity to th~s locaUon, and WHEREAS, the City Council beheves that the ~mpact of the plant will also demmentally affect neighborhoods near the proposed location of the plant, and WHEREAS, Mamott Rentals, Inc is the owner of an adjacent tract of real estate upon which Mamott Rentals, Inc proposes to construct and operate an asphalt/concrete plant, and has submitted an apphcat~on to the Texas Natural Resource Conservation Comm~smon (the "TNRCC") for Air Quahty Permit No 47958, and WHEREAS, Denton County ~s part of the Dallas/Ft Worth severe nonattmnment area for ozone pursuant to the 1990 Clean Air Act Amendments, and WHEREAS, the City Council ant~mpates that the Denton County Commissioners Court and the Umvermty of North Texas CtJNT) may take action to oppose the ~ssuance of TNRCC A~r Quahty Permit No 47958 because they believe the operation of such plant will result m the emissions of carbon d~ox~de gas and other pollutants that will pose a threat to the health and safety of Denton County workers asmgned to Denton County's future Road and Bridge Facility, as well as posing a threat to ground water, wall adversely affect UNT famht~es which are located ~n the promm~ty of the plant, and the track traffic from the plant will adversely ~mpact the roads and safety of remdents ~n the area, and WHEREAS, the City Council beheves ~t ~s ~n the public ~nterest to pass a resolution opposing A~r Quahty Permit No 47958, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the C~ty Council hereby opposes the ~ssuance of A~r Quahty Permit No 47958 to Mamott Rentals, Inc by the Texas Natural Resource Conservation Comm~smon SECTION 2 That the Mayor ~s hereby author, zed to wr, tea letter to appropriate officmls of the TNRCC opposing the ~ssuance of A~r Quality Permit No 47958 to Mamott Rentals, Inc SECTION 3 That th~s resolution shall become effective ~mmed~ately upon ~ts passage and approval PASSEDAND APPROVED thls the rT~/¢~ dayof t~r/J'~/-~~'' ,2001 EULINE BROCK, MAYOR JANE FULTON, Council Membe P~ILL, Council Member RAYMOI~tD REDMON, Council lV'Iember ATTEST, JENNIFER WALTERS, ~Y SECRETARY By (~/~~ HERBERT L PROUTY, CITY ATTORNEY By ~/~ Page 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXPAND THE BOARD OF COMMISSIONERS OF THE DENTON HOUSING AUTHORITY FROM FIVE TO SEVEN COMMISSIONERS, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, by Resolution dated April 14, 1970, the Denton C~ty Council created the Denton Housing Authority, and WHEREAS, in 1999 the state legislature amended Section 392 0331 and 392 034 of the Tex Loc Gov't Code to allow a municipal housing authority to be govemed by boards of five, seven, nine, or eleven commissioners and authonmng the presiding officer of the govemmg body of a municipality to appoint such commissioners, and WHEREAS, the City Council deems it in the public interest that the Denton Housing Authority Board of Commissioners should be expanded from five to seven members, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Mayor of the City of Danton, Texas, is hereby authorized to expand the Board of Commissioners of the Denton Housing Authority from five to seven members and to appoint seven members to tlus Board, including the appointment of tenant representatives on the Board as may be required by Chapter 392 of the Tex Loc Gov't Code The Mayor is further authonzeql to execute and file the necessary certificate relative to the appointment of the Commissioners and to take all other necessary actions to establish a seven-member Board of Commissioners SECTION 2 That certmn Resolution passed by the City Council to create the Denton Housing Authority on April 14, 1970 and any other conflicting resolutions and regulations are hereby amended, to the extent of that conflict only and all non-conflmtmg sections, sentences and clauses of smd regulations shall remmn in full force and effect SECTION 3 That this resolution shall become effective immediately upon its passage and approval PASSEDANDAPPROVEDthlsthe(7~/~-~dayof ~ ,2001 EULINE BROCK, 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 A RESIDENTIAL PROJECT PLAN LOCATED WITHIN A MULTI-FAMILY CONDITIONED (MF-l[c]94) DISTRICT, BEING AN APPROXIMATE 22 ACRE SITE LOCATED ON THE SOUTH SIDE OF MCKiNNEY STREET, APPROXIMATELY 1000' WEST OF LOOP 288 IN THE CITY OF DENTON, TEXAS, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE (SP-01-0011, KNOLLWOOD VILLAS) WHEREAS, on February 1, 2000, the City Council adopted Ordinance No 2000-046 which established certmn residential interim regulations (the "Residential Interim Regulations"), WHEREAS, the Residential Interim Regulations established, among other things, a ProJect Plan requirement, and WHEREAS, on May 1, 2001, by Ordinance 2001-191, the City Council approved a change in zoning and Zoning Plan for 22 acres of land, to a Multi-family conditioned (MF- 1 [c]94) zoning district classfficatlon and land use designation, and WHEREAS, on June 4, 2001, Allen Bussell w~th SENT has made an apphcatlon for approval of a Project Plan, on behalf of Southwest Affordable Housing, for 22 acres of land located on the south side of McKanney Street, approximately 1000 feet west of Loop 288 in the City of Denton, Texas within a Multi-family condiUoned (MF-1 [c]94) zonang district wath the intent to develop a multi-family development, a copy of whmh is attached hereto as Exhibit "A" and made a part hereof by reference (the "ProJect Plan"), and WHEREAS, the C~ty Council finds that the ProJect Plan is consistent with the approved Zomng Plan, meets the requirements of the Residential Interim Regulataons, and is consistent with the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The ProJect Plan which ~s attached hereto and made a part hereof by reference, is hereby approved, subject to the following conditions Lighting on the property shall be designed and mmntmned so as not to shine and project upward to prevent the d~ffuslon into the mght sky SECTION 2 If any prowslons or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the vahdlty of other provisions or appllcatl0ns, and to this end the provisions of th~s ordinance are severable SECTION 3 This resolution shall become effective ~mmedlately from and after its approval PASSED AND APPROVED thls the o~/~'~dayof (/~~ ,2001 EUL1NE BROCK, MAYOR ATTEST JENNfkFER WALTERSj CItY SECRETARY BY APPROVED AS~.,)O LEGAL FORM HERB~/,ff~Y',~ ATTORNEY BY PAGE 2 ,! J-ib!~]il A RBSOLUTION O~ T~B CITY COUNCIL O~ ?HB CITY O~ DENTON, TEXAS ?I,ACTNG A ?RO?OSA~ ON THE SE?TEMBE~ 4, 2001 CITY COLTNCIB ?[~BLIC ~EET~NG AGENDA TO ADO?T A 2001 TA~ RATE THAT W~ E×CEED THE LOWER O~ THE ROLBBAC~ ~TB O~ ~03 ?B~CB~T O~ T~E EE~ECTWB TA~ ~_~TE, C~LTNG A PUBBIC HEAKING ON A TA× ~CRBASE TO BE HELD ON AUOUST 28, 200l, I~BODIRING ?UBBICATION O~ A NOTICE O~ ?UB~C HEARTNG ON A ~A~ INCREASE IN ACCORDANCE WITH THE LAW, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council desires to adopt a tax rate of $ 54815 per $100 valuation, whmh will exceed the lower of the rollback rate or 103 percent of the effective tax rate, m accordance with the requirements of the Tex Tax Code ch 26 and to schedule a public heanng on the proposed tax increase, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The City Council desires to adopt a tax rate for the 2001 tax year of $ 54815 per $100 per valuation that will exceed the lower of the rollback rate or 103 percent of the effective tax rate SECTION 2 The City Council hereby approves the placement of an xtem on the September 4, 2001 City Councd public meeting agenda to vote on a proposed tax rate orS 54815 per $100 valuation that will exceed the lower of the rollback rate or 103 percent of the effectxve tax rate SECTION 3 The City Council hereby calls a public heanng on the proposed tax increase to be held in the City Council Chambers at City Hall located at 215 East McYdnney Street in Denton, Texas 76201 on August 28, 2001 at 6 00 p m The pubhc heanng will not be held until at least seven days after notice of this public hearing has been published in the Denton Record- Chromcle, a newspaper having general circulation within the City, ~n the form of the attached Notice of Public Heanng on a Tax Increase, which is made a part of this resolution for all purposes The City Manager and the Assistant City Manager for Fiscal & Municipal Serwces are hereby thrected to pubhsh smd notme in accordance w~th th~s resolution and in accordance with Te× Tax Code §26 06 At the public hearing, the City Council will afford adequate opportunity for both proponents and opponents of the tax increase to present their views SECTION 4 This resolution shall become effective immediately upon its passage and approval at a regular meeting of the Cxty Council of the City of Denton, Texas on this the 14th day of August, 2001, at which meeting a quorum was present and the meeting was held in accordance with the provisions of Tex Gov't Code §551 001, et seq The City Secretary is hereby &rected to record this resolution and the vote on the proposal to place the item for a tax increase on the September 4, 2001 City Council agenda EULINE BROCK, MAYOR ATTEST JENNIFER. WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY~-~ 7~ Councflmember Voted For Voted Amunst Euhne Brock, Mayor Rom Bea~ley, Mayor Pro Tem X Mark Burroughs Jane Fulton X Perry Mc Nefll Mmhael Phflhps X Raymond Redmon Page 2 S \Our Documents~.esolutlonsXO I \tax public heanng doc Next Document S \Our Docum~nts\Resoluuons\01\adopt ¢lp doc RESOL T ONNO A RESOLUTION ADOPTING THE FIRST YEAR OF THE CAPITAL IMPROVEMENT PLAN PROPOSED BY THE PLANNING AND ZONING COMMISSION AND PUBLIC UTILITIES BOARD, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on the 13th day of June, 2001, the Planning and Zoning Commission rec- ommended the general government capital improvements to be constructed during the forthcom- ing year, and WHEREAS, on the 18th day of June, 2001, tho Public Utilities Board recommended the utility capital improvements to be constructed dunng the forthcoming year, and WHEREAS, tho City Manager furnished a copy of the recommendations to the City Council on July 31, 2001, and WHEREAS, all of the above actions were taken in compliance with the requirements of Section 10 03(a)(6) of the City Chartor, and WHEREAS, the City Council wishes to formally adopt the recommendations of the Planmng and Zoning Commission and Public Utilities Board, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 Tho Council approves the list of capital improvements proposed to be con- strutted dunng the forthcoming year, wtuch is attached hereto and incorporated herein and made a part oftlus resolution for all purposes SECTION 2 This resolution shall become effective immediately upon its passage and approval EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APlXlt[OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF DENTON, TEXAS ANNUAL PROGRAM OF SERVICES PROPOSED 2002-2006 CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT I TOTAL (MEMO) REQUIRED AID TOTAL OPERAT EXISTING AUI~ UNAUTH OTHER * CRY IN PROJECT AND YEAR [XV/DEPT plar~;r~' NAME BONDS UNISSUED UNISSUED FUNDING CONST CO~TS MAINT 2001-02 Trans TrafficS~gnals $ $ 150000 $ $ $ 150000 $ $ 150000 $ 2001-02 Tmns Pa~ng/,~de.,~alks/~kelanes 485 000 485 000 485 000 2001-02 Trans Traffic $~gnals 150 000 150 000 150 000 2001-02 Trans Ramp Reversal (hli~n M~ller/288/I-35) 500 000 500 000 500 000 · * 2001-02 Trans Pawncj/S~dewalks/Bikelanes 515000 515000 515000 2001-02 Trans Fort Worth Drive (mden) I 000 000 1 000 000 I 000 000 2001-02 Trans McKinney b't~t 250 000 250 000 250 000 2001-02 Trans H~hway 380 (US 77 to 1-35) 250 000 250 000 250 000 · * 2001-02 Trans Mass Transd In~abves 225 000 225 000 225 000 · ~ 2001-02 Trans M~scellaneous Paving 500 000 500 000 500 000 2001-02 Trans TraiT~c S~Jnals 150 000 150 000 150 000 · * 2001-02 Trans Pawng/$~ewaiks/B~kelanes 500 000 500 000 500 000 · * 2001-02 Trans 377 Alternate 1900000 1900000 1900000 -- 2001-02 Trar~ Loop 288 (26 000) 250000 250000 250000 · * 2001-02 Trans H~ghway 2499 500000 500000 500000 · * 2001-02 Trans FM 1830 300000 300000 300000 2001-02 Trans ~ Construct]on I 055 000 I 055 000 I 055 000 2001-02 Parks Aquabc Center 4 000 000 4 000 000 4 000 000 887 000 2001-02 Parks Upgrade PaWs 690 000 690 000 690 000 2t 115 · * 2001-02 Parks Add~onal A~lebc F~lds 550 000 550 000 550 000 158 110 2001-02 Parks Tra~ls/l~nkages 220 000 220 000 220 000 22 390 2001-02 Parks Beaubficabon 40 000 40 000 40 000 · * 2001-02 Parks Upgrade Parks 640 000 640 000 640 000 21 115 · * 2001-02 Parks Trails/Linkages 170 000 170 000 170 000 22 390 · ' 2001-02 Parks Beaut~ca+don 40 000 40 000 40 000 · ' 2001-02 Parks C~v~c Center Upgrade and improvement 850 000 850 000 850 000 · * 2001-02 Bmld/Eqmp Emily Fowle; Renevabon 1 200 000 I 200 000 1 200 000 222 576 2001-02 Bulld/Eqmp Ja~l Ey. pans~on 500 000 500 000 500 000 165 084 2001 02 Bulld/Eqmp F;rearms Fa~lKy 350 000 350 000 350 000 12 520 2001-02 Build/Equip ~drport 450 000 450 000 450 000 2001-02 Build/Equip YMCA Building 200 000 200 000 200 000 2001-02 Build/Equip Fa~ldy Renevat~ons 350 000 350 000 350 000 2001-02 Tech ~vcs Technology Upgrade 2 000 000 2 000 000 2 000 000 TOTAL $ $ 16025000 $ $ 4905000 $ 20930000 $ $ 20930000 $ 1532300 * includes cer'aflcates of obhgabon fund balance and General Fund resources ** Moved up from onglnal schedule 74 'Dedicated to Qual~y Service · CITY OF DENTON TEXAS ANNUAL PROGRAM OF SERVICES PROPOSED 2002-2006 CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT TOTAL (MEMO) REQUIRED AID TOTAL OPERAT EXISTING AUTH UNAUTH O'II.IER * CITY IN PROJECT AND 2002-03 Build/Equip Fins Stabon 7 $ $ $ $ 3,250 000 $ 3,250 000 $ $ 3,250 000 $ TOTAL $ $ $ $ 6,250000 $ 6,250000 $ $ 6250000 $ 2003-04 Trans Street & Airport Improvements $ $ $ 4 000 000 $ $ 4 000 000 $ $ 4 000 000 $ TOTAL $ $ $ 7 500 000 $ $ 7 500 000 $ $ 7 500 000 $ TOTAL $ $ $ 7500000 $ $ 7500000 $ $ 7500000 $ TOTAL $ $ $ 7500000 $ $ 7500000 $ $ 7500000 $ Includes cerbflcates of obi;garcon fund balance and General Fund resources CITY OF DENTON, TEXAS ANNUAL PROGRAM OF SERVICES PROPOSED 2002-2006 CAPITAL IMPROVEMENT PROGRAM ELECTRIC UTILITY CASH REQUIREMENTS ~_IM~=R:S ** CATEGORY 2001-02 2002-03 2003-04 20044)5 2005-06 TOTAL 2 Cap,al Constmcaon Reserve 500 000 500 000 500 000 500 000 500 000 2 500 000 3 New Res~den'eoal & Commercml Development 2 479 305 2 769 720 3 014 086 3,287 177 2 790 000 14 340 288 4 Feeder Extensions & Improveme~s 4 466 000 3 032 000 3,298 000 2 757 000 2,256 500 15 809 500 5 D~st]-a)ubon Transformers 856 000 800 000 840 000 880 000 750 000 4 126 000 6 Meters 487 920 454 000 476 000 483 000 490 000 2 390 920 7 Automated Meter Reading 190 000 192 000 194 000 196 000 198 000 970 000 8 D~stnbutton Substations I 270 500 I 581 000 460 500 40 000 40 000 3 392 000 9 Street L~ghbng 712 000 797 400 893 133 I 000 309 825 000 4,227 842 11 Tools and Equipment 26 000 45 000 45 000 45 000 45 000 206 12 Transmission IJnes 8 079 000 120 000 2 639 000 I 686 000 1 596 000 14 120 000 13 Conbngency 300 000 300 000 300 000 300 000 300 000 I 500 000 15 Budding Consb~ct~on 15 000 15 17 Power Factor Improvement 72 000 72 000 72 000 72,000 72 000 360 000 18 Communa:abons Equipment 780 000 640 000 2 790 000 550 000 575 000 5 335 000 19 Over to Under Conversrons 200 000 350 000 350 000 350 000 350 000 1 600 000 20 M~scellaneous Other (UPS) 7 500 7 600 7 700 7 800 7 900 38 500 21 Transmission Substabon 4 075 000 981 500 347 500 5 404 000 TOTAL $ 24,516,225 $ t2.642220 $ 16,226,919 $ 12.154,286 $ 10,795,400 $ 76,335,050 UtJlltyBonds $ 23565725 $ 11762660 $ 15347,219 $ 11294486 $ 9935500 71905590 Revenues 950 500 879 600 879 700 859 800 859 900 4 429 500 GrandTotal $ 24,516,225 $ t2.642,260 $ 16,226919 $ 12.t54,286 $ '10,795,400 $ 76,335,090 78 'Dedtcated to Qualrty Servtce' CITY OF DENTON, TEXAS ANNUAL PROGRAM OF SERVICES PROPOSED 2002-2006 CAPITAL IMPROVEMENT PROGRAM WATER UTILITY CASH REQUIREMENTS GROUP ASSIGNMENT NUMBERS "* CAI~GORY 2001-02 2002-03 200304 200405 2005-06 TOTAL I New Water Plant/Transm~ss;on hne $ 22118000 $ $ $ $ $ 22118000 2 Booster Stabon I 340 000 291 000 I 631 000 3 Elevated Storage 2 841 000 1 310 000 200 000 25 000 I 115 000 5 491 000 4 D~stnbuflon System Upgrade 6 164 000 3 695 000 1 694 000 I 120 000 411 000 13 084 000 5 Replacement Water lar~.s 247 000 200 000 300 000 300 000 I 047 000 6 Field Serwces Replace Water bnes 877 680 880 490 976 313 935 795 982 500 4 652 778 7 Development Plan Water lanes 250 000 250 000 250 000 250 000 250 000 1 250 000 8 Oversize Water lanes 602 000 200 000 200 000 200 000 200 000 1 402 000 9 Taps F~re Hydrants and Meters 619 775 639 775 669 500 684 500 714 500 3 328 050 10 Tools and Equipment 42 000 65 000 25 000 24 000 24 000 180 000 11 Capital Construction Reserve 250 000 250 000 250 000 250 000 250 000 I 250 000 13 Office Fum~ure Computer and Equipment 63 000 3 000 66 000 14 Miscellaneous 100 000 60 000 160 000 15 Regulatory Dis~nfecbon Modrficeflons 200 000 I 550 000 I 200 000 2 950 000 16 Water Plant Improvements 680 000 100 000 1 650 000 405 000 2 835 000 17 Stale H~ghway Relocabons 4 440 000 2 094 000 4 622 000 701 000 488 000 12 345 000 $ 40,634,465 $ 9~,87,26~ $ t0,996,6.13 $ 6,445,295 $ 6,226,000 $ 73,789,828 Util~tyBonds $ 32969000 $ 7447000 $ 7848000 $ 3126000 $ 3679000 $ 55069000 Revenue 5 550 455 1 915 265 3 013 813 3 174 295 2 392 000 16 045 828 Other 2 000 000 2 000 000 Nd In Construct;on 115 000 125 000 135 000 145 000 155 000 675 000 GmndTotal $ 40,634,455 $ 9,487,265 $ t0,996,8'13 $ 6445,295 $ 6,226000 $ 73,789,828 80 'Ded,,catod to Quality Serwce' CITY OF DENTON, TEXAS ANNUAL PROGRAM OF SERVICES PROPOSED 2002-2006 CAPITAL IMPROVEMENT PROGRAM WASTEWATER UTILITY CASH REQUIREMENTS GROUP ASSIGI~IENT** reAPeRS CATEGORY 2001-02 2002*.03 2003-04 2004-05 2005-06 TOTAL I WasteMnaterPlantlmprovements $ 100000 $ 103000 $ 106090 $ 109,2.73 $ 112551 $ 530914 2 Wastewater Plant Expans~n/Constmcbon 19 500 000 19 500 000 3 Idrl~[dt~Ofl Improvements 1 500 000 156 000 1 477 000 3 133 000 4 Collect]on System Upgrade I 766 000 6 570 642 712 000 12 943 000 2 459 000 24 450 642 5 REplacement Sewer I,nes 761 000 359 000 100 000 100 000 100 000 1 420 000 6 Deveiopmenf~ Plan Sewer !.3nes 261 452 250 000 250 000 250 000 250 000 I 261 452 7 Oversrze Wastewater Idnes 400 000 200 000 200 000 200 000 200 000 I 200 000 8 Infiltration/inflow 2 150 000 1 950 000 480 000 3 820 000 150 000 8 550 000 9 Taps 60 000 70 00O 80 000 90 000 100 000 400 000 10 To(ds and Equ;pme~t 20 000 97 000 49 000 40 000 65 000 271 000 11 Cap,al Coflst]ucbon Reserve 250 000 250 000 250 000 250 000 250 000 I 250 000 14 M~"~!~r~mjs 202 000 33 000 313 0~0 200 000 313 000 1 061 000 15 State H~jhway Padocabons 2880500 1694000 3121000 1429000 2127000 11,251500 16 Drainage Improvements 2 020 000 2 010 000 2 628 000 2 400 000 2,255 000 11 313 000 17 Wastewater Effluent REuse 200 000 354 000 535 000 200 000 200 000 1 489 000 TOTALS $ 32,070,952 $ 13,940~642 $ 8,980,090 $ 23,508,273 $ 8,581,551 $ 87,081,508 UflldyBonds $ 29656952 $ 127~5642 $ 7654000 $ 22319000 $ 7296000 $ 79631594 Revenue 2354000 I 165000 I 246090 I 099.273 I 185551 7049914 Aid m Consfl~ctJon 60 000 70 000 80 000 90 000 100 000 400 GrandTotal $ 32070952 $ 13940642 $ 8980090 $ 23508273 $ 8,581551 $ 87,081508 82 'Dedicated to Qual~y Service ' CITY OF DENTON TEY, AS ANNUAL PROGRAM OF SERVICES PROPOSED 2002-2006 CAPITAL IMPROVEMENT PROGRAM SOLID WASTE UTILITY CASH REQUIREMENTS GROUP ASSIGNMENT HI IlUlRt=RS ** CATEGORY 2001-02 2002-03 2003-04 2004-05 2005-06 TOTAL I Office Suppor~ Equipment $ 5 000 $ 5 000 $ 5 000 $ 5 000 $ $ 20 000 2 Regulab:~y Equipment 100 000 600 000 700 3 Contane~ Improvements/Upgrades 180 000 185 000 190 000 195 000 200 000 950 000 4 Sol,:l Waste Office Consol~dabon I 865 000 I 000 000 200 000 3 065 000 $ 4,885,000 $ 1,610,000 $ 3,415,000 $ 4,510000 $ 1,836000 $ 16,256000 84 'Ded;cated to Quality Service' A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING AMENDED CITY POLICIES FOR EMPLOYEE iNTRODUCTORY PERIOD AND EMPLOYEE DISCIPLINE AND SEPARATION, INCLUDING DISCIPLINARY ACTION AND REVIEW HEARING POLICIES, AND DECLARING AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas has adopted pohcles relating to the employment and dlsc~phne of ~ts employees, and WHEREAS, the D~rector of Human Resources has provided amended policies regarding employee rules and regulations concermng employee ~ntroductory period, employee d~sc~phne and separation, including dlsc~phnary action and rewew hearing pohc~es, and WHEREAS, the amended pohcles update current needs and more accurately reflect current practice, and WHEREAS, the C~ty Council, desires to adopt such pohc~es as officml pohc~es regarding employment w~th the C~ty, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 That Pohcy numbered 104 02 "Introductory Period', Pohcy numbered 109 01 "Dmc~phnary Action", and Policy numbered 109 03 D~sc~phnary Review Hearing, of the Personnel, Pohc~es and Procedure Manual of the C~ty of Denton attached hereto and ~ncorporated by reference here~n, are hereby approved as officml pohcy of the C~ty of Denton, Texas, and replaces former pohey numbers 104 02, 109 01, and 109 03 within the Pohcles and Procedure Manual SECTION 2 That the foregoing pohc~es are attached hereto and made a part hereof and shall be filed ~n the officml records w~th the C~ty Secretary SECTION 3 That th~s resolutmn shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the J_~day of ( ~f_~ ,2001 EULINE BROCK, MAYOR employee discipline pohcles resolution 1 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY employee dlsclphne pohmes resolution 2 CITY OF DENTON p^OE _OF ~RE/ADMINISTRATIVE DIRECTIVE SECTION HUMAN RESOURCES REFERENCE NUMBER 104 02 SUBJECT EMPLOYEE DEVELOPMENT INITIAL EFFECTIVE DATE 04/19/88 TITLE INTRODUCTORY PERIOD LAST REVISION DATE 09/18/01 POLICY STATEMENT Every person appointed to a regular position (full-tune and part-tune) m the service of the City shall be required to st~ccessfully complete an introductory period of SlX (6) months During the introductory period, the supervisor shall closely observe and evaluate the work of all new employees and encourage their effective ad3ustmant to the position by providing necessary training, coaching and orientation in order to deterrmne the advisability of continued employment The purpose of this policy is to allow the employee's supervisor 1) to tram, instruct, review, and counsel the employee m the operaUons of the department, the expectations of the supervisor, and the performance level required and 2) to identify and correct inadequate performance The successful completion of an introductory period should not be construed as creating a contract of employment or as guaranteeing employment for any specific duration or as establishing a "just cause" disciplinary or termination standard. ADMINISTRATIVE PROCEDURES I Throaghout the introductory period, the employee's supervisor should continually assess his/her performance to determine the advisability of continued employment The supervisor should coach or counsel the employee on the supervlsor's expectations of performance and behavior The supervisor is to use and adnumster the Discipline Action policy number 109 01 to document inadequate performance of the introductory period employee If at any tune during the introductory period the supervisor should determine that the employee cannot successfully master the duties of the position, the supervisor shall complete a request for termination and forward it to ~e Human Resources Director The Human Resources Director or his/her designee will then review the supemsor's request for termination II If an employee is absent for 30 days or more during the introductory period, the introductory period may be extended by the amount of time the employee was absent to be equivalent to six months of performance If an employee is placed on a Performance Improvement Plan (PIP) in accordance with Policy No 109 01 (Disciplinary Action) and that PIP's ending date is later than six months after the employee's hire date, the Introductory Period will automatically be extended to the ending date of the PIP HR/POLICY/104 62 PAGE-2-OF~. pOLICY/ADMINISTRATIVE PROCP. r)URE/ADMINISTRATIVE DIRECTIVE (Continued~ INTRODUCTORY PERIOD I REFERENCE NUMBER TITLE 104 02 An employee who leaves a regular posmon with the City and is reemployed shall be considered a new employee and serve the six (6) months introductory period under the same condmons Benefit accruals and eligibility will be deferred in accordance with the leave without pay pohcy (111 08) III Any employee (regardless of the Slx-month introductory period) will have the opportunity to apply for promotion or transfer IV Civil Service employees are governed by Chapter 143 of the Texas Local Government Code, Vern0n's Codes Annotated This statute is available for review m the Denton Pubhc Library and the Departments of Fire, Police, and Human Resources V An employee who leaves a regular posmon with the City m order to actively serve in the United States armed forces for not more than four years (unless extended at the request of the United States Government), satisfactorily completes his/her period of active service, and makes an apphcatlon for reemployment with the City within ninety (90) days after completion of military service shall be reemployed to a position for which he/she is qualified at the pay level he/she would have obtained (excluding any increases based on work performance) had he/she not entered mJhtary service In addmon, service credit and seniority as it relates to vacation, longevity, and s~ck leave earned prior to and not compensated for at the tune of termination will be restored The conditions of the preceding paragraph will be applied as required by applicable federal and state ~laws HR/POLICY/104 02 CITY OF DENTON FAOE --OF- POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION HUMAN RESOURCES REFERENCE NUMBER 109 03 SUBJECT DISCIPLINE AND SEPARATION INITIAL EFFECTIVE DATE 11/08/96 TITLE DISCIPLINARY REVIEW HEARING LAST REVISION DATE 09/18/01 POLICY STATEMENT It is the policy of the City of Denton to give individual employees an oppormmty for a hearing regarding dtsmplmary thsrmssal, dlsmplmary suspensions or demotions when they believe that a dlsctphnary action taken against them is caprmtous or arbitrary, the dtsmplme violates an existing City of Denton pohcy or adnumstranve directive, the discipline violates an existing state or federal law or regulanon, or when the employee believes that the conduct for winch he/she has been dlsclplmed constitutes the exercise of a consUtunonal rlght or a statutorfly protected acUvity Disciplinary review hearings are heard according to prescribed gmdelmes as set forth m the following Procedures The dlsmplmary review hearing process ts designed to afford the employee a responsive forum to guard against biased or arbitrary decisions, however, nothing m this policy shall be construed as a grant to any employee of a property right m tenured publm employment All employees are employed strictly on an at-will basis Temporary employees, seasonal employees, contract employees, the City Manager, the City Attorney, Mummpal Judge, Assistant Judges and those employees governed by the provisions of Chapter 143 of the Texas Local Government Code are exempt from this pohcy, unless specifically stated otherwise hereto However, an opportumty for a response and hearing shall be afforded such employees when they believe that a dtsmplmary action taken against them ts capricious or arbitrary, the dtsmplme violates an exxstmg City of Denton policy or adnumstratlve directive, the dlsmplme violates an existing state or federal law or regulation, or when the employee believes that the conduct charged constitutes the exercise of a constitutional right or a statutorIly protected activity ADMINISTRATIVE PROCEDURES I GENERAL DISCIPLINARY REVIEW HEARING INFORMATION A Since It is anportant that dtsclphnary review heanngs be resolved as rapidly as possible, tune limits, as set out tn the following paragraphs, shall be considered a maxanum and every effort shall be made to expedite the process However, the lamts may be extended or shortened at any or all steps if both parties agree tn writing In the event either party cannot agree, the Director of Human Resources shall have the discretion to shorten or extend the tune lumts In the event the last day of a tune 1LmXt falls on a weekend or a City hohday, the tune lunar shall include the next working day In all instances, consecutive working days will be counted (excluding Saturday, Sunday, and City holidays) m arriving at the length of HR/POLICY/I09 03 PAGE.-2-OF~ POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Cont~nued~ TITLE 'DISCIPLINARY REVIEW HEARING REFERENCE NUMBER 109 03 the tune interval Under no mrcurnstances shall any failure to meet any tune lamt affect the validity or finality of event for which a hearing is sought B A disciplinary rewew heanng not responded to w~thm the tune krafts prescribed by the approprmte representative at each step shall be considered a wolat~on of th~s policy for which the representatwe may be subject to d~sc~phnary acnon C All requests for thsc~phnary review hearings must be m wrmng and must be filed with the Human Resources Department D An employee who requests a d~sclplmary rewew hearing must reform the Human Resources Department m wrnmg of h~s/her correct mmlmg address and telephone number Farlure to prowde current mmlmg address and telephone mformat~on may result m admamstranve closure of the d~sc~plmary rewew hearing II HEARING PROCESS A An employee who has been demoted or suspended for up to three days may request a hearing to be conducted by the department D~rector under which the employee serves This department Director will serve as the hearing officer If the department Director played a role m the disciplinary acnon from which the employee's complaint arose, the D~rector of Human Resources will appoint another hearing officer who will be employed at the d~rector level or above of the Ctty A D~rector shall be presumed to have played a role m the d~smphnary action ~f he/she 1 Dtscussed the detarls of the proposed d~sclplmary action w~th the employee or any supervisor an the chain of command, 2 Approved the d~sc~plmary action, or 3 Personally tmposed the d~smplmary acnon Nothing shall prevent a D~rector from actmg as the hearing officer for an employee's hearing if he/she has merely been informed of the type of d~smphnary action nmposed against the employee B An employee who has been suspended for three or more days or d~sm~ssed may request a hearing to be conducted by an Assistant City Manager or department Director Th~s hearing offimal will be assigned by the D~rector of Human Resources or Human Resources designee The D~rector of Human Resources or designee wall not assign an Assistant C~ty Manager or HP,/POLICW 109 03 PAGE-2_OF~ POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE DISCIPLINARY REVIEW HEARING REFERENCE NUMBER 109 03 department Director tf he/she played a role in the dlSclphnary action from which the employee's complaint aroseAn Assistant C~ty Manager or department D~rector shall be presumed to have played a role m the disciplinary action If he/she 1 Discussed the details of the proposed disciplinary action with the employee or any supervlsor m the chain of command, 2 Approved the d~smplmary action, or 3 Personally unposed the d~sciplmary action Nothing shall prevent an Assistant City Manager or a D~rector of the City from acting as the hearing officer for an employee's hearing ~f he/she has merely been reformed of the type of dlsclplmary acuon ~nposed against the employee C The employee must make the request for the hearing m writing w~th~n 10 days after receiving notaficatlon of an action taken The written request must set forth the specific reasons why the employee feels the acUon is caprmous or arbnrary, the dlsmphne violates an ex~stmg C~ty of Denton pohcy or admamstranve directive, the d~sc~plme v~olates an emstmg state or federal law or regulation, or the employee beheves that the conduct for which he/she has been d~sclplmed constitutes the exercise of a constitutional right or a statutorfly protected act~wty D A hearing will be conducted w~thm 30 business days of the employee's request for an hearing, unless an extension ~s agreed upon by both parues as described m this pohcy E Upon conclusion of the hearing, the Hearing Officer wall make a recommendauon to the C~ty Manager and a final action will be concluded within ten (10) business days Upon concurrence by the City Manager, the Heanng official wall communicate the decision m writing to the employee, employee's supervisor and others with the need to know in the chain of command F As all employees are employed strictly on an at-will bas~s, and no contractual rights are unphcated, no particular burden of proof need be met to sustain a termination or d~sclphnary sanction III REMOVAL HEARINGS FOR OFFICERS AND DEPARTMENT HEADS A As an alternative to the procedures otherwise allowed by th~s policy, officers and department heads may request a hearing in the event of their removal as provided by Charter HP, JPOLICY/109 03 PAGE POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Coutmued) TITLE DISCIPLINARY REVIEW HEARING REFERENCE NUMBER 109 03 B As all employees are employed strictly on an at-wall basis, no particular burden of proof need be met to sustain a termination C Officers and department heads may request a hearing pursuant to the provisions outlined m Sections II relating to the anposltmn of disciplinary actions not constituting removal D If employee is at D~rector level or above, the City Manager shall serve as the Hearing Officer In the event that the hearing concerns the employee's removal, the employee may instead request a hearing before the City Council as per Charter (§5 03(a)) Such a hearing before the City Council lS not constrained by the stricture of tins policy HIUPOLICY/109 03 CITY OF DENTON PAGE , POLICY/ADMINISTRATIVE FKU~ug,~t~w~o · ~ -. · .... .ECTIVE REFERENCE NUMBER SECTION HUMAN RESOURCES 109 01 SUBIECT DISCIPLINE AND SEPARATION INITIAL EFFECTIVE DATE 04/19/88 LAST REVISION DATE TITLE DISCIPLINARY ACTION 09/18/01 POLICY STATEMENT It ~s the pohcy of the City of Denton to maintain an effective, productive, and disciplined work force m order to dehver outstanding quality services to the c~t~zens of Denton Each employee is responsible for perforn~ng his/her job in a safe, productive and effective manner and w~thm the instructions and standards estabhshed by h~s/her supervisor In addition, each employee is expected to maintain acceptable standards of conduct m h~s/her employment Supervisors are responsible for commumcatmg job duties, respons~btht~es and performance standards and expectations Supervisors accomphsh this through job orientation, job instruction, coaching and mformal dlscosslons with the employee Temporary employees, seasonal employees, contract employees, the City Manager, the City Attorney, Mumclpal Judge, Assistant Judges and those employees governed by the provls~ons of Chapter 143 of the Texas Local Government Code are exempt from this pohcy, unless specifically stated otherwise hereto The purpose of this pohcy is to provide direction to supervisors It does not provide contractual or property rights to any employee All employees are employed strictly on an at-will basis ADMINISTRATIVE PROCEDURES I INTRODUCTION The City of Denton is an "at-will" employer and can terminate employees at any tune and for any reason, w~th or wlthont cause, unless expressly prohibited by law These adm~mstrat~ve procedures are estabhshed to prowde appropriate gmdelmes m carrying out the pohc~es of the C~ty of Denton regarding the progressive dlsc~phnary program They are intended to address general apphcat~on of the principles of thsclplmary acUons m typical sltuauons D~sc~phnary acta0ns should include the unportance of the C~ty's responslbthty to prowde outstanding quahty serwces to the ctt~zens These procedures address a broad range of performance deficits and conduct concerns They are not intended to address every problem or s~mat~on that may ar~se It ~s the responslbfltty of the superwsor to deterunne the nature, extent, facts and c~rcumstances m each dxsclplmary action and to use judgment ~n the apphcat~on of these pohcles and procedures D~s¢lplmary actions are designed to help the employee correct the problem and braid a renewed commttment to the Ctty and to h~s/her job in an eqmtable and consistent manner HR/POLICY/109 01 PAGE_2_OF~I3. POLICY/ADMINISTRATIVE PROt2~I)URE/ADMINISTRATIVE DIRECTIVE (Continued~ TITLE DISCIPLINARY ACTION ] REFERENCE109NUMBER01 Definmons "D~rector of Human Resources or designee" or "authorized representative of the Department of Human Resources" means the Dtrector of Human Resources, the person designated to act in h~s/her absence or a representative of the Human Resources Department "Supervisor" means the personwho ~s responsible for hmng the employee, administering performance evaluatmns and nnplementmg disciplinary acUons "Supervlsor's Manager" means the person to whom the employee's supervisor reports II GENERAL CRITERIA TO BE CONSIDERED IN DISCIPLINARY ACTIONS All or a combination of the following disciplinary measures may be taken, depending upon the particular c~rcumstances surrounding the employee's conduct The supervisor may consider the following criteria when determining what disciplinary action to take 1 Seventy and type of offense(s), 2 Impact of the offense(s) on other employees, the City or cmzens, 3 Employee's length of serwce and work record, 4 Period of tnne stnce d~scnsslon w~th the employee about a snnllar problem or recent thsc~phnary action for the same or sumlar problem, and/or, 5 Past d~sclplmary actions taken by the C~ty for the same or snmlar problem If a supervisor determines that the nature, seventy and impact of the employee's actmn(s) require severe disciplinary action, he/she should thoroughly lnvesugate the stmatmn, discuss n w~th h~s/her nnmedlate supervisor and a representaUve of the Human Resources Department and obtain approval from h~s/her department d~rector and the D~rector of Human Resources prior to taking any actmn Based upon the facts of the slmaHon, the Human Resources Department will provide gmdance to the supervisor relating to the suggested course of dlsc~phnary actmn III RESPONSIBILITY AND AUTHORITY FOR ADMINISTERING DISCIPLINARY ACTIONS Supervisors are responsible for enforcing all City pohc~es and procedures, accomphshmg the goals and ob3ecuves of a d~ws~on or department and mmnta~mng work performance, attendance HR/POLICY/109 Ol PAGE_3_OF--t3 IOLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Contmued~ TITLE DISCIPLINARY ACTION REFERENC~U~ER and conduct standards among thew employees They are vested w~th the authority to take appropriate disciplinary action under the directions and gmdehnes set forth m these procedures 1 The City Manager, Assistant City Manager, departmem d~rector, division manager or supervisor may a Issue an oral or written reprunand to an employee under his/her responsibdlty, b Place an employee on a performance unprovement plan, c Suspend an employee without pay, d Place an employee on a declsion-mak~ng leave, or, e Dismiss an employee (refer to Section V for more mformatlun) 2 Prior to any disc~phnary action being admlmstered, the superwsor will conduct a thorough exarmnatlon of the situation before dec~dmg to take any dlsmphnary action 3 All proposed performance unprovement plans, suspensions, declslon-makmg leaves and terminations will be reviewed by the D~rector of Human Resources or his/her designee prior , to any formal acHon being taken 4 All dlsmplmary actions for written reprtmands, performance nuprovement plans, suspensions, decision-making leaves and terra,natrons will be properly documented to substantmte the action being taken Copies of documents reqmred by this pohcy will be kept m the official personnel file mmntamed by the Human Resources Department 5 If a serious problem arises that endangers the safety, health or life of the employee, another employee or c~tazen or, if m the judgment of the superwsor, the employee problem ~s unmanageable, a superwsor has anthonty to proceed nnmedlately to place the employee on admnnstrat~ve leave with pay The superwsor will nnmedlately notify his/her manager and the D~rector of Human Resources or his/her designee This will allow mne to investigate, determine appropriate actton and discuss alternate actions prior to formal action being taken 6 The C~ty Manager has the anthonty to dlsclphne an Assistant City Manager, d~rector or his/her subordinate Assistant City Managers have the authority to dlsc~phne a director or h~s/her subordinate 1V EXAMPLES OF PERFORMANCE DEFICITS AND PERSONAL CONDUCT SUBJECT TO DISCIPLINARY ACTION Coaching and informal thscuss~ons are everyday respons~bdmes performed by supervxsors to ensure that employees are perfornnng their jobs and conducting themselves ~n an acceptable HR/POLICY/109 01 PAGE__a_OF--L3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Contmued) I TITLE DISCIPLINARY ACTION IREFERENCE NUMBER109 O1 II manner If a performance, attendance or conduct problem arises, the superwsor may coach and informally thscuss the problem w~th the employee The objecuve ~s to assist the employee m recogmzmg that a problem exists and to develop effective solutmns to correct the problem Normally, the employee corrects most problems m th~s manner When informal d~scusslons fail to brl~tg about the appropriate changes m the employee's behavior, however, formal d~scxphnary acUoxz may be taken The following actions are intended to be descrlpUve and serve only as a gude ,to the types of problems for winch disciplinary acUon may be appropriate Tins hstmg ~s not intended to be exhansUve or exclusive of the types of conduct for winch thsclphnary action may be taken A Performance of duties The following are examples relating to unsatisfactory performance of duties for winch dlsmphnary actxon may be taken Tins hst is not intended to be all-mcins~ve It does describe examples of unsatisfactory performance that management believes are unacceptable and could jeopardize an employee's continued employment Examples are 1 Incompetence in the performance of duties The fact that any employee is deemed competent at the tmae of employment will not preclude a judgment of incompetence as the result of apparent unwfllmgness to perform assigned tasks, being absent without approved leave or demonstrating unnecessary absence from the assigned work area during assigned bouts of work Other proof of incompetence may include repeated oral and written dlsclphnary acuons for minor mfracUons of pohc~es, rules, regulauons, manuals or d~recUves and/or repeated oral and written d~sclphnary actions demonstrating the employee's mabflxty to meet performance standards 2 Failure to saUsfactorlly meet performance standards for the pos~Uon 3 Patterned absenteeism without sufficient medical justfficaUon 4 Absence without approved leave 5 Tardiness as a habitual pattern or failure to report for duty at the assxgned tane and place 6 V~olaUon of written departmental regulations regardxng the performance of duties 7 Careless, neghgent or tmproper use of City property or equipment 8 Improper use of leave privileges HR/POLICY/109 01 PAGE._f_OF~3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued~ TITLE I)ISCIPLINARY ACTION I REFERENCE109NUMI~ER01 I 9 Discourteous treatment of the public or other employees 10 Neglect or carelessness m the performance of duues 11 Failure to meet or maintain specified conditions of employment, such as Rulure to obtain or mamtam a license or certificate required as a condition for perforrmng a job 12 Neghgently causing damage to City property 13 Causing or contributing to an accident by operating C~ty equipment in an unsafe or unauthorized manner B Personal Conduct The following are examples relating to personal conduct for which &sclplmary action may be taken The hst is not intended to be all-~nclusive It does describe examples of conduct which management beheves are unacceptable and could jeopardize an employee's continued employment Examples are 1 Violating a City policy 0 e, Drug and Alcohol Free Workplace (108 11), Harassment (108 10), etc ) 2 Theft of, mdmg m or encouraging the theft of cash, City property or equipment 3 Destroying City records without authorization 4 Falsifying City records, including application for employment or medical information or other information concermng employment status 5 Willful damage to public property or willful waste of public supplies, service or equipment 6 InsubordmaUon the refusal to perform a reasonable, lawful, safe and proper work assagnment, duty or task from an authorized supervisor 7 Physical assault comrmtted on the job upon a City employee, member of the public or City official HR/POLICY/109 O! PAGE_f_OF~13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued~ 8 Using an officxal position or office for economic gain or sohcltmg favors or gratuities for performing services required by the employee's position 9 Disclosing information as defined by statute to be confidential 10 Unanthoraed use or possession of City funds 11 Possession or use of weapons on City property or while performing City responsiblhties except as authorized as part of the job (l e, law enforcement) 12 Using threats against another employee or a member of the public 13 Engaging m any employment activity or enterprise that constitutes a conflict of interest 14 Using City property or equipment without authorization 15 DerehcUon of duty that is detranental to the proper performance of the functmns of the City The following subsecUons constitute derellcuon of duty (a) Failure of a supervisor to mediately take action when a molatxon of policies, roles or regulauons comes to his/her attention, regardless of the supervlsor's or violator's assignment or position m the City (b) Fmlure to observe and adhere to the pohcles of the employee's department or the Cay (c) Fmlure to deliver to the official City custodian any property found by, confiscated by or relinquished to employees of the City without undue delay and, in any event, before the workday is ended 16 M~susmg or failing to use delegated authority in the performance of duties 17 Using abusive language toward employees or the public 18 Unnecessarily dlsruptarg the work of other employees 19 Operating or conducting gambling on the job or on City property 20 Drinking alcoholic beverages during working hours HR/POLICY/109 01 PAGE.-7--OF 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) [TITLE DISCIPLINARY ACTION IREFERENCE NUMBER I 109 01 21 V~olatlons of safety rules or practices that endanger the employee or others or that damage C~ty property or eqmpment 22 Playmg tricks or jokes or engaging m horseplay that adversely affects job performance or safety ~ssues 23 Making derogatory racial, age, ethmc or sexist remarks while on duty 24 Engaging m personal business while on duty without authorization of h~s/her supervisor 25 Failure to report damage to C~ty eqmpment or property of others 26 Appropnatmg C~ty property, ~ e, eqmpment, furmture or construction materials that have been abandoned or d~scarded 27 Utfi~zmg C~ty data or mformat~on systems for any reason other than C~ty busmess 28 Sleeping on the job 29 Falsely reporting illness or mjury or otherwise attempting to deceive the employee's supervisor or any other C~ty official as to a health or medical condmon 30 Engaging m unbecommg conduct, either on or off duty "Unbecoming conduct" shall include that which brmgs the C~ty, the C~ty Councd, C~ty Adm~mstrat~on or the C~ty's reputation into disrepute or reflects d~scred~t upon the employee as an employee of the City, or that which tmpalrs the operation or efficiency of the C~ty or the employee Exercising constitutional rights or other legally protected act~wt~es are not unbecoming conduct 31 Employees may be d~sc~phned up to and including d~scharge for conduct which occurs outside regularly scheduled working hours ff such conduct affects the employee's abthty to work for the C~ty or ff ~t places the C~ty Council, C~ty Admtmstrat~on or the C~ty's reputation m a negative hght An example that m~ght be considered negative hght is a convlctaon for an offense that jeopardizes cmzen trust or confidence m an employee's ability to perform hts/her job duttes and responsibilities Pursuant to such pohcy, an employee may also be d~se~phned for fmhng to report an arrest or conwct~on for an offense that could jeopardize cmzen trust or confidence m the employee's abthty to perform h~s/her job duties and respons~btht~es HR/POLICY/109 O1 PAGE~LOF~L3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE ¢Continued~ tITLE DISCIPLINARY ACTION ] REFERENCE NUMBER 109 01 V DISCIPLINARY PROCESS The followmg dlsciphnary process may be apphed to an employee whose performance of duties or personal conduct ~s tmsausfactory The policy of progressive thsc~plme shall m no way preveat the supervisor from talang approprmte d~sc~phnary acUon when the seventy of the wolatlon(s) warrants such action The supervisor should use the Dlsclplme Report form attached to this pohcy to document each disciplinary action taken The following process ~s intended to be descnpUve and serve only as a guide to the types of disciplinary responses that may be appropriate Th~s hstmg is not intended to be exhaustive or exclusive A Oral Counseling 1 The supervisor shall discuss the s~tuaUon with the employee m private and make every effort to discover the reason(s) for the employee's performance and adwse the employee of the necessary changes m h~s/her behavior or performance to correct the problem 2 A Record of Oral Counseling form memorlahzlng the dlSCUSSmn and specific actions and agreements to correct the problem will be prepared by the supervisor for inclusion m the employee's department or division personnel file The employee and the supervisor will sign the Oral Counsehng form 3 A copy of the Record of Oral Counseling form will be forwarded unmedlately to the Human Resources Department B Written Reprunand 1 Any superwsor in the employee's chain of command may ~ssue a subordinate employee a written reprunand In the event that the reprunand ~s ~ssued by someone other than the employee's direct superwsor, a report of such action shall be made to the threct supervisor The written reprunand may be issued when the employee has demonstrated an inability to perform his/her job dutxes or has excessxve absences that eonsUtute an abuse of the attendance pohcy or minor personal conduct problems An employee who demonstrates significant mablhty to perform his/her duties or a serious personal conduct problem may be xssued a written reprunand without having been issued an oral reprunand or hawng discussed the problem with his/her superwsor A written reminder should be prepared using the Performance Correct,on NoUce and include the following information PAGE 90F~3- POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued~ ACTION ] REFERENCE NUMBER DISCIPLINARY TITLE 109 01 a The reason for the reprunand, including previous oral counselings or informal discussions for the same or other violations b The effective date or dates of the reprunand c The specific change m behavior expected by the supervisor d The tune frame allowed for improvement to occur 2 An original of the Performance Correction Notice shall be forwarded Lnmedlately to the employee's official file m the Human Resources Department A copy of the Performance Correction Notice kept by the supervisor and an addmonal copy will be prowded to the employee C Performance Improvement Plan (PIP) 1 A Performance Improvement Plan may be used depending on differences in the nature of the work umt, type of work performed, the type of performance problem and the tmpact on the orgamzatlon 2 When the job performance of an employee falls below the acceptable level, supervisors should point out deficiencies to the employee at the tune they are observed An employee who continues to perform below the acceptable level may be placed on a formal program designed to unprove performance The supervisor should communicate this to the employee orally and by presenting hun/her with a Performance Correction Notice, including the following a The specific deficiencies observed in the employee' s performance of duties b The actions necessary to bring about Lmprovement c The period of tune m which unprovement must occur d The specific dates and tunes during this period on which the supervisor shall meet with the employee and discuss his/her progress in unproving h~s/her performance e Any further action that will result ff the employee fails to show satisfactory unprovement Both the employee and the supervisor should sign the Performance Correction Nouce HIUPOLICY/109 Ol PAGE ~O OF~3 pOLICY/ADMINISTRATIVE PROCeDURE/ADMINISTRATIVE DIRECTIVE (Contmued~ I TITLE I)ISCIPLINARY ACTION [ REFERENCE NUMBER I , 109 01 The employee should understand that his/her signature indicates receipt of the document only, not necessarily acceptance of its contents If the employee refuses to sign, the supervisor should have a witness sign that a copy was given to the employee A copy of the Performance Correctton Notice will be maintained within the department, one copy will be given to the employee, and, the original will be placed in the employee's official personnel file maintained m the Human Resources Department 3 If an employee fails to demonstrate the necessary nnprovemeut as required during or upon completion of the Performance Improvement Plan, the supervisor m conjunction with Human Resources or upon discussion and review with Human Resources may reassign, demote or distress the employee 4 If an employee demonstrates sufficient tmprovement as required m the Performance Improvement Plan, the supervisor will discuss the tmprovemeuts with the employee and momtor the employee's performance Once an employee has satisfactorily completed a Performance Improvement Plan, the mediate supervisor must give the employee a memorandum stating that he/she has completed the Performance Improvement Plan The memorandum should state that any future violations of the performance or conduct addressed m the Performance Improvement Plan could jeopardize the employee's continued employment with the City of Denton 5 Nothing shall preclude a supervisor from proposing disciplinary action when an employee commits an act of serious personal misconduct even though the employee is completing a Performance Improvement Plan D Suspension Without Pay 1 A supervisor may recommend a suspension without pay for up to 30 days In deterrmmag the length of the suspension, the supervisor should consider the nature and severity of the conduct, nnpact on the orgamzauon and previous disciplinary actions No disciplinary suspension without pay or combination of suspension will exceed 30 working days m a 12-month period All proposed suspensions without pay will require the approval of the D~rector of Human Resources or his/her designee and a 30-day suspension without pay must be approved by the Assistant City Manager Supervisors requesting a suspension w~th or without pay should complete a Performance Correction Notice form identifying the reasons for the requested suspension 2 Employees classified as exempt under the Fair Labor Standards Act should not be suspended without pay for less than one work week (as defined by the City's pay cycle) unless the employee has violated a major safety infraction, aa which case the suspension HPdPOLICY/109 O1 PAGE 11 OF23 POLICY/ADMINISTRATIVE PROCFI~URE/ADMINISTRATIVE DIRECTIVE (Continued) ACTION [ REFERENCE NUMBER DISCIPLINARY TITLE 109 01 may be for less than one week Human Resources should review major safety infractions The following instances are intended to be descriptive and serve only as a guide to the types of infractions for which suspension may be appropriate This hstmg is not intended to be exhausUve or exclusive of the types of conduct for which dlsc~phnary acuon may be taken a F~rst positive drug test (non-civil service) Major safety violation c Any acUon that could negatively ~mpact the C~ty's nnage but as not serious enough to warrant munedlate tenmnaUon Prior to an employee being suspended w~thout pay, the employee has the right to meet with the Director of Human Resources or h~s/her designee to discuss the acUons leading up to the suspension Declslon-Mal~ng Leave The nranedlate supervisor may provide the D~rector of Human Resources or h~s/her designee with documentaUon and records, using the Performance Correction Nonce form, supporting a request that an employee be placed on a Decision-Making Leave with or without pay The employee's overall work record, work performance, attendance and conduct problems should be reviewed The Human Resources Director or his/her designee will meet w~th the employee to d~scuss the performance or conduct ~ssues After the employee meets with the Human Resources Director or designee, the employee wall be placed on a one day Decision-Making Leave with or without pay for the followmg work day (shift) The Decision-Making Day is intended to allow the employee to reflect on his/her performance, work respons~bllmes, wants, needs, etc and to make a decision as to whether he/she wants to make the necessary performance nnprovements to continue his/her employment with the City of Denton The supervisor should prepare a Performance Correction Nonce outlining the reasons for the Decis~on- Makmg Leave and the specific day the leave ~s to be taken (the next work day) The ongmal Performance Correction Notice should be s~gned by the employee as an acknowledgement of receipt of the Performance Correction Notice and a copy should be given to the employee The original Performance Correct,on Notice should be placed m the employee's personnel file m Human Resources 2 Upon return from a Dems~on-Makmg Leave, the employee must report his/her dems~on to continue employment or resign If the employee decides to continue working for the HR/POLICY/109 01 PAGE 17, OF~3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued~ ACTION I REFERENCE NUMBER DISCI?LINARY TITLE 109 01 City of Denton, he/she must present his/her superwsor w~th a plan to make the needed performance Improvements and the employee and hls/her supervisor will discuss your plan The employee should be reformed that terrmnation will result if he/she does not show tmmedhate and contmuous improvement Following th~s discussion, the employee will be given a letter summanzmg the Decision-Making Leave d~scuss~on and the employee's dems~on The letter should be s~gned by the employee to acknowledge receipt of the letter and provided a copy of the s~gned letter The original letter should be placed m the employee's file ~n Human Resources F D~sm~ssal 1, A supervisor may propose to the D~rector of Human Resources that an employee be d~smassed from employment w~th the C~ty of Denton A supervisor proposing a dismissal must provide clear, specific and detailed jusuficauon for an acuon of d~sm~ssal using the Performance Correction NoUce form and attaching any other documentaUon or summary which supports the superwsor's proposal For all employee thsmlssals, superwsors must consult w~th the D~rector of Human Resources and the department d~rector Human Resources will forward to the Legal Department or the Cay Manager recommendations for dlsm~ssal m cases where the employee has had no previous disc~phnary acuons m accordance with this pohcy or in cases where the D~rector of Human Resources deems that rewew by the Legal Department or the City Manager ~s warranted The supervisor will prowde documentation of the conduct leading to the recommendation for thsm~ssal 2 The employee shall be g~van an opportumty to speak with the Director of Human Resources or h~s/her designee to d~scuss the proposed dismissal prior to any final acuon At such th'ne, the employee may respond to supervisors reasons for the requested thsmlssal if he/she chooses to do so 3 Upon the concurrent approval of the C~ty Manager and Cay Attorney, and after consultation with the D~rector of Human Resources, the supervisor may dewate from any or all of these procedures and summarily d~sm~ss any employee at any tmae for any reason or for no reason HR/POLICY/109 O1 PAGE 13 OF--L3 pOLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE~ (Continued) DISCIPLINARY ACTION I REVERENCE NUMBER TITLE 109 01 VI REVIEW OF DISCIPLINARY ACTIONS If an employee believes that a disclphnary action taken against hm~/her is capricious or arbitrary, the discipline wolates an ex~st~ng C~ty of Denton policy, the thsc~phne wolates an existing state or federal law or regulation, or when the employee beheves that the conduct for which he/she has been ths¢lplmed constitutes the exercise of a constltuuonal right or a stam~orfiy protected act~wty, the employee may seek a discipline review hearing m accordance w~th,the Rewew Hearing pohcy number 109 03 VII TEMPORARY, SEASONAL AND PROBATIONARY EMPLOYEES All employees classified as temporary, seasonal or special agreement are not covered by th~s pohcy Although it ~s recommended that superwsors use the gmdehnes described m th~s policy, an employee may be dismissed for any reason or for no reason HP,/POLICY/109 01 RESOLUTION NO A RESOLUTION ALLOWING MI CASITA TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FUEGO Y ALMA ON OCTOBER 13, 2001, UPON CERTAIN CONDITIONS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO BXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton ("C~ty") is the owner of the Clwc Center Park and through the Park and Recreations Department co-sponsors a Fuego Y Alma Celebration at the Civic Center Park, WHEREAS, the consumption of alcoholic beverages is allowed in the C~vm Center Park pursuant to City of Denton Code, §22-32 (b), WHEREAS, the City Council finds that ~t ~s m the public interest to select only one vendor of alcohohe beverages at the Fuego Y Alma, and WHEREAS, Matt Kohaneam doing business as M1 Caslta (called "M1 Cas~ta") has requested that they be sole partmlpant allowed to sell alcohohc beverages at this year's Fuego Y Alma Celehrat~on on October 13, 2001, and WHEREAS, the Parks and Recreation Board has recommended that M1 Caslta be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Celebration, and WHEREAS, the City agrees w~th the recommendation of the Parks and Recreation Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 M1 Caslta shall be the sole participant allowed to sell alcohohc beverages at the Fuego Y Alma CelebraUon on October 13, 2001 at the Clwc Center Park upon the following con&tlons 1 They shall be responsible for rental of any booth space necessary, 2 They shall be responsible to obtain the temporary hcense and permit for selling alcoholic beverages approved by appropriate state agency, 3 They shall provide the security necessary for the sale of alcohohc beverages, 4 They shall provide general comprehensive habfl~ty insurance from a responsthle earner, with the C~ty as an additional insured, ~n the amount of $500,000 00 5 Agrees to ~ndemmfy the C~ty of Demon agmnst any habfllty ~nc~dent to the selhng of alcohohc beverages at the Fuego Y Alma Celebration SECTION 2 The C~ty Manager or h~s designee ~s authorized to execute an agreement ~n confonmty w~th th~s resolution, whmh shall be substantmlly ~n the form of the agreement attached hereto and made a part hereof by reference SECTION 3 This resolution shall become effective ~mmed~ately upon ~ts passage and approval , PASSED AND APPROVED thts the -- day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Resolutlons\01~Fuego Y Alma alcohol sell doc CIVIC CENTER AGREEMENT FOR THE FUEGO Y ALMA CELEBRATION STATE OF TEXAS § COUNTY OF DENTON § This Agreement, made thru [t~ - day of~, 2001, by and between the C~ty of Denton, a mtmm~pal corporation, hereinafter referred to as the "CITY" and Matt Kohaneani doing business as M~ Cas~ta (called "M~ Cas~ta ") WlTNESSETH, that ~n conmderat~on of the covenants and agreements hereto contmned, the partaes hereto do mutually agree as follows ARTICLE 1 GENERAL The C~ty grants to M~ Caslta the exclusive pnwlege to sell alcohohc beverages, subject to the exceptions and conditions hereinafter set forth, for the Fuego Y Alma celebration on October 13, 2001 to be held at the C~wc Center Park Attached hereto and made a part hereof by ~s a copy of the resolution passed by the C~ty Council of Denton, Texas authorizing th~s pnwlege Th~s pnwlege does not extend beyond the date of the Fuego Y Alma celebration set for the year 2001 ARTICLE 2 SCOPE OF SERVICES M1 Cas~ta m order to exermse the privilege to sell alcohohc beverages must perform the following A M1 Cama shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcohohc beverages at the Fuego Y Alma Celebration B Ma Caslta shall be solely responsible to obtain any temporary hcense and permit necessary for the selhng of alcohohc beverages at the Fuego Y Alma Celebration C M1 Cas~ta shall be solely responsible for the obtaining and paying for any security necessary for their sale of aleohohc beverages at the Fuego Y Alma Celebration M1 Caslta's failure to do any of the above and to show proper proof of comphance shall wmve theft right to exercise the pnvdege of selhng alcohohc beverages at the Fuego Y Alma Celebratmn ARTICLE 3 LOCAL RULES AND REGULATION Mx Caslta agrees to abide by all municipal, county, state and federal laws, ordinances, roles and regulations and specifically, without limitation, the Denton Civic Center Rules and Regulations, to obtmn all necessary and proper licenses, permits and authorizations, and to comply with the reqmrements of any duly anthonzed person acting in connection therewith Mi Caslta shall pay all taxes, if any, of every nature and description ansmg out of or in any manner connected with the sale of aleohohe beverages Mi Caslta will exercise reasonable care and due diligence in their sale of alcoholic beverages at the Fuego Y Alma Celebration ARTICLE 4 INDEMNITY AGREEMENT M1 Caslta shall mdemlfy and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not hmlted to, court costs and reasonable attorney fees ancurred by the CITY, and including, without hmxtation, damages for bodily and personal injury, death and property damage, resultmg from the negligent acts or omissions of Mi Caslta or at officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement Nothing m tbas Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, aneludmg the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE 5 INSURANCE Dunng the performance of the Agreement, M1 Caslta shall mmntmn the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Careers of at least an A- or above A Comprehensive General Liability Insurance with bodily injury hm~ts of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less that $100,000 for each occurrence and not less than $100,000 m the aggregate B M1 Caslta shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages The insurance poheles shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without written notice to the CITY and Mi Caslta In such event, Fuego Y Alma Celebratton Agreement - Page 2 M1 Caslta shall, prior to the effective date of the change or cancellatton, serve substitute pohcles furnishing the same coverage ARTICLE 6 NOTICES All notices, communications, and reports reqmred or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same m the Umted States marl to the address shown below, certified mai1, return receipt requested, unless otherwtse specified herein Mailed notices shall be deemed communacated as of three (3) days' maflmg To M1 Casita To CITY Mi Caslta CITY OF DENTON Matt Kohaneam City Manager 110 N Carroll Blvd 215 E McKmney Denton, Texas 76201 Denton, Texas 76201 (940) 891-1932 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or wltlun three (3) days' marling ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive'statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made m connection with the subject matter hereof ARTICLE 8 SEVERABILITY If any provision of flus Agreement is found or deemed by a court of competent junsdmtl0n to be lnvahd or unenfomeable, it shall be considered severable from the remmnder of this Agreement and shall not cause the remmnder to be invalid or unenfomeable In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provlston which comes as close as possible to expressing the intention of the stricken provision Fuego Y Alma Celebration Agreement - Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services reqmred hereunder, M1 Caslta shall not discriminate against any person on the bas~s of race, color, rehg~on, sex, national origin or ancestry, age, or physical handicap ARTICLE 10 PERSONNEL A M1 Cas~ta represents that it has or will secure, at its own expense, all personnel reqmred to perform all the services reqmred under th~s Agreement Such personnel shall not be employees or officers of, or have any contractual relations w~th the CITY ARTICLE 11 ASSIGNABILITY M~ Cas~ta shall not assign any ~nterest in this Agreement, and shall not transfer any interest in th~s Agreement (whether by assignment, novation, or otherwise) w~thout the prior written consent of the CITY ARTICLE 12 MODIFICATION No wmver or modfficatlon of flus Agreement or of any covenant, cond~Uon, or limitation heroin contmned shall be vahd unless m writing and duly executed by the party to be charged therewith; and no evidence of any waiver or modification shall be offered or received in ewdence in any proceeding arming between the part,es hereto out of or affecting th~s Agreement, or the rights or obligations of the part, es hereunder, and unless such wmver or modfficat~on is in writing and duly executed, and the partaes further agree that the prowslons ofth~s section will not be wmved unless as set forth herein ARTICLE 13 MISCELLANEOUS A The following exhibits are attached to and made a part of th~s Agreement (list exhibits) Exlub~t "A" Resolution No B Venue of any stat or cause of actmn under th~s Agreement shall lie exclusively ~n Denton County, Texas Th~s Agreement shall be construed ~n accordance with the laws of the State of Texas C The eaptmns of th~s Agreement are for mformat~onal purposes only, and shall not ~n any way affect the substantive terms or eondatlons of this Agreement Fuego Y ALma Celebration Agreement - Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and M1 Caslta. ,has executed this Agreement through its duly authonzed undersigned officer on this the /~-?~ day of ( 2001 CITY OF DENTON, TEXAS MICHAEL A COlqlD~',~Y MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Mi Casl~ BY / ~y/c~4/¢'/ /?'> / Matt Kohanq/affl // Sole Proprietor WITNESS BY Fuego Y Alma Celebratton Agreement - Page 5 RESOLUTION NO J59~00//- a-~/~ 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, 8 and 9 on the Board of Directors of the North Texas Higher Education Authority, Inc have expired, and WHEREAS, the Board has nominated Dr L~ndsay Keffer - Place 6, Mr Jay Anderson - Place 8, and Mr Jim Brock - Place 9 on the Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 That Dr Llndsay Keffer ts hereby reappointed to Place 6 on the Board of Directors of the North Texas Higher Education Authority, Inc for a term commencing October 1, 2001 and continuing through September 30, 2003 SECTION 2 That Mr Jay Anderson is hereby reappointed to Place 8 on the Board of Directors of the North Texas Higher Education Authority, Inc for a term commencing October 1, 2001 and continuing through September 30, 2003 SECTION 3 That Mr Jim Brock is hereby reappointed to Place 9 on the Board of Directors of the North Texas Higher Education Authority, Inc for a term commencing October 1, 2001 and continuing through September 30, 2003 SECTION 4 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED thls the /~--"~ dayof (~t./').~/9~t~/''~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPR'(SVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Doeuments~ResoluUons\OBHmgher Edueatmn ResoluUon doc RESOLUTION NO ~00/~ 0~-/ A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE ISSUANCE OF BONDS BY THE KELLER HIGHER EDUCATION FACILITIES CORPORATION FOR A DORMITORY FACILITY TO BE LOCATED IN THE CITY OF DENTON, TEXAS, PROVIDING AN EFFECTIVE DATE WHERAS, the Keller Higher Education Facthties Corporation (the "Corporation") is a nonprofit corporation created by the City of Keller, Texas ("Keller") pursuant to Section 53 35(b) of the Texas Education Code, as amended, and WHEREAS, the Corporation has been requested to assist the Denton Educational Housing Corporation (the "Borrower"), a nonprofit corporation created and exlstmg under the laws of the State of Texas, m construction, aeqmnng and eqmppmg a donmtory facility and related college facilities (the "ProJect") for the benefit of students of ~nstltutlons of higher education in the City of Denton, Texas (the "City"), pnnclpally for the use by the students of the Umvers~ty of North Texas (the "University") in the City, and WHEREAS, for the purposes described above, the Corporation is proposing to issue the followlnglsenes of its revenue bonds for the benefit of the Umvers~ty Keller Higher Education Facilities Corporation Student Housing Revenue Bonds (University Courtyard Apartments (Denton, Texas) Project), Series 200lA and Taxable Series 200lB (the "Bonds"), and WHEREAS, under the provisions of Section 147(0 of the Internal Revenue Code of 1986 (the "Code"), in order for the aforesmd Series 200lA Bonds to qualify as tax-exempt obligations under the Code, the City is required to approve the issuance of smd bonds NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 The preambles of this resolution are incorporated herein and made a part hereof for all purposes SI~CTION 2 The City hereby specffically approves the issuance of the aforementioned Bonds by the Corporation in an aggregate pnnmpal amount not to exceed $40,000,000, and further approves the use of the proceeds of the Bonds to finance the construction, acquisition of the Project for the benefit of students of higher education wltlun the City, particularly for students of the Umverslty It is hereby declared that the City shall have no llabdlty for the payment 9fthe Bonds nor shall any of the City's assets be pledged to the payment of the Bonds The CityI acknowledges that ~t has received a copy of minutes of a pubhc heanng held by the Corporation on September 4, 2001, at ~ts pnnclpal office in Keller, all in accordance with the provisions of Section 147(0 of the Code, and the approvals set forth above shall serve as the approval required by sand provision of the Code The execution by the Mayor of the Certificate for this Resolution represents the execution of this Resolution, and such execution is hereby authorized for the purpose of complying with the provisions of Section 147(f) of the Code Not w~thstandmg anything herein to the contrary, this approval shall not take effect until the AgreemenX Regardmg Taxes for Real and Personal Property and Restrictive Covenants, a copy of which is attached hereto and made a part hereof by reference, is fully executed and recorded ~n the Real Property Records of Denton County, Texas SECTION 3 The City Secretary is authorized and d~rected to deliver executed cop~es of this Resolution to the President of the Board of Directors of the Corporation for use m connection with the issuance of the aforementioned Bonds SECTION 4 This Resolution shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED this the /~ayof ~_~Z)~/q//./~Y~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERB~~RNEY BY w ~ Page 2 AGREEMENT REGARDING TAXES FOR REAL AND PERSONAL PROPERTY AND RESTRICTIVE COVENANTS STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON } THIS Agreement Regarding Taxes for Real and Personal Property and Restrictive Covenants C'Restncnve Covenants") m made and entered into as of the lgth day of September, 2001, by and between the CITY OF DENTON, TEXAS (the "City") and COURTYARD COMMUNITY DENTON, LLC, a Texas L~m~ted habfl~ty company (the Company' ), who m the owner of certain real property located m the City of Denton, Denton County, Texas more fully described m Exhabxt "A" attached hereto and made a part hereof by reference (the "Property") WHEREAS, the Keller Higher Education Faeflitaes Corporatxon ("Keller") a nonprofit corporatmn created by the Cxty of Keller, Texas pursuant to Section 53 35(b) of the Texas Educatmn Code, as amended, has been requested to asmst the Corpurat~un m the eonstruetmn, aequlnng and equipping of a donmtory famhty and related college famhUes on the Property for the benefit of students of mstltutwns of lugher educaUon m the Cxty of Denton, Texas, principally for the use by the students of the Umversxty of North Texas m the City, and WHEREAS, for the purposes described above, the Denton Educational Housing Corporation, the sole member of the Company, has requested Keller to issue the follovnng series of ~ts revenue bonds for the benefit of the Umvermty (Umvermty Courtyard Apartments (Denton, Texas) Projec0, Series 2001A and Taxable Series 200 lB (the "Bonds"), and WHEREAS, under the provmlons of Seetxon 147(0 of the Internal Revenue Code of 1986 (the "Code"), m order for the aforesmd Series 200lA Bonds to quahfy as tax-exempt obhgatmns under the Code, the C~ty xs reqmred to approve the ~ssuance of smd bonds, and w REAS, pursuant to C,ty Cou.c, R olut,on the C,ty has g~ven its approval of the issuance of smd bonds (the "City's Approval of Bonds ') NOW THEREFORE, m conmderation of the covenants contained m these Restnetave Covenants, the Caty's Approval of Bunds, thc City and Company agree as follows 1 The Company hereby declares that all of the Property shall be held, sold and eenveyed subject to these Restrictive Covenants, whxch are binding on all parties having any right, title or interest m the Property or any part thereof, thexr heirs, successors and assigns (other than the Governmental Entltaes, as herema/ter defined), and shall inure to the benefit of the Company and the City and to all other taxing umts having jurisdiction ever the Property, including the Denton Independent School Dmtnct and Denton County who are third party benefimarles ("Other Taxing Umts") The Corn any covenants and agrees that the Property is subject to real and tangible2personal prope~ taxation under the Texas Property Tax Code and that it will not claim any tax exemption status under Chapter 11 Texas Property Tax Code and Chapter 53 of the Texas Education Code for real or tangible personal property related to the Property 3 Based on these Restrictive Covenants the City has agreed to the City's Approval of Bonds 4 Any ~erson who sells or conveys any portion of the Property to any part~ w~ch is not a Govemmantal' Entity shall prior to such sale or conveyance give separate written notice of these Restrictive Covenants to the prospective purchaser or grantee, along with a separate notice to the City including a copy of such written notice Notice to the City shall be addressed as follows C~ty Manager City of Denton 215 E MeKmney Denton, Texas 76201 5 These Restrictive Covenants are to run with the land described herein as the Property and shall be binding on all part, es and all persons elamamg under them, and any future owners of the Property for a period of fifty years from the date these Resmctive Covenants are recorded, proxaded, however, these Restrictive Covenants shall not be binding upon the University of North Texas, the City of Denton or the State of Texas (each a "Governmental Entity" and collectively, the "Governmental Entitles") m the event any of these Governmental Entities are successors m interest to the Property These Restrictive Covenants shall not be amended without the prior written consent of the City If there are any existing liens against the Property, the Company shall obtain from such hen holders written subordination agreements subordmatmg such liens to these RestneUve Covanants and the rights of the City and Other Taxing Umts hereunder Such subordination agreements shall be m recordable form and shall be recorded prior to or smaultananus with the recording of these Restnctive Covenants 6 These Restnetlve Covenants may be enforced by any property owner of the Property, the City, or by Other Tarang Umts by any proceeding at law or in eqmty Failure by any property owner, the City, or by Other Taxing Umts to enforce any covenant shall in no event be deemed a waiver of the right to do so thereafter 7 Invalidation of any of the covenants or prowsions contained in this instrument by judgment or court order shall not m any manner affect any of the other covenants or provisions herein set forth and all such remaining provisions shall remain in full force and effect Should it be determined that the Company or any property owner of the Property may not waive any claim for exempiaon under the Texas Property Tax Code then these Restrictive Covenants shall act as an agreement to make payments in heu of taxes which are equal to the taxes that would be due and payable but for the exemption In such case the City and Other Taxing Units shall be entitled to the same collection remedies that are afforded taxing units under the Texas Tax Code Page 2 The contractual debt for such payments m heu of taxes shall be a first and paramount hen on the Property m the same manner as an ad valorem tax hen under the Texas Tax Code 8 No subsequent change in the law shall m anyway affect thc vahdtty or enforceabthty of these Resmct~ve Covenants 9 Th~s instrument may be separately executed m any number of mdavtdual counterparts, and such counterpart s~gnaturcs, when assembled together, shall constitute one and the same ~nstrument [The Balance of this Page Has Been Intentionally Left Blank ] Page 3 The partaes hereto have executed these Rasmet~ve Covenants as of the date first above written CITY OF DENTON, TEXAS Eulme Brock, Mayor APPROVED AS TO FORM COURTYARD COMMUNITY DENTON, LLC, a Texas hmlted habthty company By Denton Educational Housing Corporation, a Texas non-profit corporatuon, its sole Member By p~hp~A aker, Preside Page 4 ACKNOWLEDGMENTS STATE OF TEXAS ) OFDENTON Thls instrument was acknowledged before me on the/~_~-day of (.~,~b/'//7/~fir-, 2001 by Euhne Brock, Mayor of the City of D~ton, Texas, on behalf of sa~d mW I ~ '~"~ ~2"~ ~ ',,~"i';';; '~] ~o~ Public, ~n ~d for the State of T~ ~.~ _ Ju.e a~, 10~S J~ My Co~ss~on expires STATE OF TEXAS ) COUNTY OF DENTON ) ~-- . Th, s ,nstmment was acknowledged before me on the ]_fff~ay of~001 by Ph~hp A Baker, President of Denton Educataonal Housing Corporation, a T[xas non-profit corporatton, sole member of Courtyard Commumty Denton, LLC, a Texas lanlted hab~hty company on behalf of said entity No~he~ ~~ My Commission expires Page 5 EXI-IIBIT THE "PROPERTY" Lot 1, Block A of UNIVERSITY COURTYARD, an addltaon to the Ctty of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet S, Page 275, Map Records, Denton, County, Texas Page 6 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING INTERVENTION AT THE RAILROAD COMMISSION OF TEXAS IN TXU GAS COST REVIEW PROCEEDING, GUD DOCKET NO 9233, AUTHORIZING THE JOINING WITH OTHER iNTERVENING CITIES TO PROTECT MUNICIPAL AND RATEPAYER INTERESTS, AUTHORiZING THE HIRING OF ATTORNEYS AND CONSULTANTS THEREFOR, AND REQUIRING REIMBURSEMENT OF RATE CASE EXPENSES INCURRED BY THE CITY, FINDING THAT THE COUNCIL MEETING AT WHICH THE ABOVE ACTION TOOK PLACE COMPLIED WITH THE TEXAS OPEN MEETINGS ACT, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the C~ty of Denton ("City") is presently served by TXU Gas Company, ("TXU Gas"), and WHEREAS, the C~ty is a regulatory authority under the Gas Utdlty Regulatory Act ("GURA"), and WHEREAS, TXU Gas has recently filed its "Gas Cost Review Petition" before the Railroad Commission of Texas, the case now being known as GUI) Docket No 9233, and WHEREAS, the major purpose of the proceeding is to review the prudence of gas purchases by TXU Gas from November 1, 1997 through October 31, 2000, and WHEREAS, the cost of gas is the most ~mportant factor affecting the rates charged to TXU Gas customers who are located within the C~ty, and WHEREAS, the issues to be dealt w~th in the gas review proceeding are highly complex, and reqmre the speclahzed expertise of attorneys and consultants who regularly practice before admlmstrat~ve agenmes hke the Railroad Commission of Texas, m order for the City to effectively partm~pate in GUD Docket No 9233, ~t ~s necessary to employ an attorney who possesses special expertise and considerable experience m utthty ratemakmg and review matters, and WHEREAS, the Law Offices of Jim Boyle, Austin, Texas ("Boyle"), has conmderable experience representing a number of Texas cities ~n ratemakmg and review case proceedings before the Rmlroad Commlssmn of Texas, and Boyle will require the assistance of professional consultants to properly prepare ttus matter, WHEREAS, pursuant to Gas Utlhty Regulatory Act §103 022, and other provisions of law, the City ~s entitled to reimbursement of its reasonable rate case expenses from TXU Gas, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the recitations and findings set forth in the preamble to this Resolution are m all things approved SECTION 2 The City's intervention before the Rmlroad Commission of Texas m GUD Docket No 9233 and any related proceedings thereto ~s formally memonahzed by th~s resolution SECTION 3 The City will coordinate its efforts ~n GUD Docket No 9233, and any related proceedings, with a number of other mumclpahtles who participate in the Steenng Committee of Cities ("Steenng Committee") served by TXU Gas, so as to achieve economies of scale and to avoid duphcatlon of effort and expense SECTION 4 The City is anthonzed to join with other Texas cities to form a Steenng Committee of C~tles served by TXU Oas for the purpose of protecting customers located w~thln Its C~ty hmtts, and does hereby anthonze Special Counsel to retmn experts and consultants as necessary and appropriate for this proceeding, and any related proceedings SECTION 5 Subject to the City's right to terminate employment at any time, the C~ty does hereby employ as Its Specml Legal Counsel the Law Offices of Jam Boyle, Austin, Texas, to undertake those actions a~med at protectang the ratepayers w~thln the C~ty limits from any gas purchases lthat were imprudently made, and will cooperate and work with such experts as are approved by the Steering Committee SECTION 6 The City, in coordanatlon w~th the Steenng Committee e~tles, shall review the invoices of its attorneys and consultants for reasonableness before submtttlng such Invoices for reimbursement pursuant to § 103 022 of the Gas Utthty Rate Act and the other prowslons of the Texas Utlhtles Code SECTION 7 Th~s resolution shall become effective ~mmedlately upon tts passage and approval PASSED AND APPROVED thls the /~_dayof &~'~/~]~- ,2001 t RONI BEASLEY, MAY?R~PRO TEM ATTESTI JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Resolutions\01 ~J~m Boyle RRCT No 9233 TXU Gas doc 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 PROJECTS APPROVED IN THE 2001-2002 CAPITAL IMPROVEMENT BUDGET MAY BE COMMENCED, AND PROVIDING AN EFFECTWE DATE (EROJECTS- $450,000 00 FOR AIRPORT IMPROVEMENTS AND $200,000 00 FOR PURCHASE OF YMCA LAND AND BUILDiNG) WHEREAS, the City of Denton (the "Issuer") is a mumclpal corporatxon/pohtlcal subd~wsmn of the State of Texas, and WHEREAS, the issuer expects to pay expenditures m connection w~th the design, planmng, and construction for ~mprovements to certain C~ty facd~tles and the purchase of certain land and !mprovements winch were previously approved m the 2001-2002 CIP Budget and are more fully described m Attachment "A" (the "Projects"), and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures w~ll be appropriate and consistent w~th the ]awful object,yes of the Issuer and, as such, chooses to declare ~ts mtent~on, m accordance wxth the provisions of Section 1 150-2 Treasury Regulations, to reimburse ~tself for such payments at such tlmelas It issues the obhgatlons to finance the Projects, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Issuer reasonably expects to ~ncur debt, as one or more series of obhgatlol~s, w~th an aggregate maximum pnnc~pal amount equal to $650,000 00 for the purpose of payingI the costs of the Projects, as set forth m the attached Attachment "A' winch ~s made a part of tin~ resolution for all purposes SECTION 2 All costs to be reimbursed will be for design and capital improvement expendltm'es and real property acqmslt~on expenditures No tax-exempt obhgat~ons will be ~ssued by the Issuer m furtherance of tins resolution after a date winch ~s later than 18 months after the later of(l) the date the expendltures are paid, or (2) the date on winch the property, w~th respect to winch such expenditures are made, m placed m serwce All amounts expended from the Unreserved Fund Balance for the Projects to pay any costs of the Projects shall be reimbursed from Cer~ftcate of Obhgat~on proceeds wltinn the 2001-2002 fiscal year SECTION 3 The foregoing notwithstanding, no tax-exempt obhgat~on wdl be ~ssued pursuant to this resolution more than three years after the date any expenditure winch ~s to be reimbursed ~s prod SECTION 4 Tins resolutIon shall become effective ~mmedmtely upon its passage and approval ' EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERB~~EY Page 2 S \Our Doeuments~R. esolut~ons\O 1 ~re~mbursement A~rport and YMCA budding doc ATTACHMENT A A~rport Improvements $450,000 00 YMCA Land and Building $200,000 00 Page 3 S \Our Documents~R~solut~ons\O 1 ~mbursement A~port and YMCA building doc A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FLrND BALANCE OF THE GENERAL FUND WITH GENERAL OBLIGATION BONDS SO THAT A PROJECT APPROVED IN THE 2001-2002 CAPITAL IMPROVEMENT BUDGET MAY BE COMMENCED, AND PROVIDING AN EFFECTIVE DATE (PROJECT- $4,000,000 00 FOR AQUATIC CENTER) WHEREAS, the City of Denton (the "Issuer") lSa mumclpal corporatlon/pohtlcal subdivision of the State of Texas, and WHEREAS, the issuer expects to pay expenditures in connection w~th the design, planning, and construction for City improvements which were previously approved in the 2001- 2002 CIP Budget and are more fully described in Attachment "A" (the "Project"), and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, m accordance w~th the provisions of Section 1 150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Project, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Issuer reasonably expects to incur debt, as one or more series of obhgataons, with an aggregate maximum principal amount equal to $4,000,000 00 for the purpose of pa)qng the costs of the Project, as set forth m the attached Attachment "A" which is made a part of this resolution for all purposes SI~CTION 2 All costs to be reimbursed will be for design and capital improvement expenditures No tax-exempt obligations wall be issued by the Issuer in furtherance of this resolution after a date which is later than 18 months after the later of (1) the date the expenditures are prod, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service All mounts expended from the Unreserved Fund Balance for the ProJects to pay any costs of the Projects shall be reimbursed from General Obhgat~on Bond proceeds wlthm the 2001-2002 fiscal year SECTION 3 The foregoing notwithstanding, no tax-exempt obligation will be ~ssued pursuant to this resolution more than three years after the date any expenditure which as to be reimbursed is prod SECTION 4 This resolution shall become effective immediately upon its passage and approval EUL1NE BROCK, MAYOR ATTEST , JENNIFER WALTERS, CITY SECRETARY HERB~~ ATTORNEY BY ~~/~ - Page 2 S \Our Documents~.esolut~ons\01 \reimbursement- Aquatic Center doe ATTACHMENT A Aquatm Center $4,000,000 00 Page 3 S \Our Documents~ResoluUons\O l\re~mbursement Aquatic Center doc RESOLUTION NO ~_z~[~' 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 Apprmsal Dxstnct will expire on December 31, 2001, and WHEREAS, the City of Denton, Texas wishes to nominate members to smd Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 That the City of Denton, Texas hereby nominates Charles Stafford and Pack Woolfolk as members to the Board of Directors of the Denton Central Apprmsal D~stnct for two year terms to commence January 1, 2002 SECTION 2 That th~s resolution shall become effective ~mmcd~ately upon ~ts passage and approval EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION ALLOWING THE USE OF LOGO READER BOARDS IN URBAN AREAS WITH A POPULATION OF 50,000 OR MORE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Texas Mumclpal League will hold its annual conference on November 28-30, 2001 ~n Houston, Texas, and WHEREAS, the Texas Legislature has adopted leg~slatlon permitting the use of logo reader boards along interstates m areas "located outside an urbamzed area wtth a population of 50,000 or more according to the most recent Federal census, and WHEREAS, such logo reader boards provide a valuable service to motorists ~n order to determine upcoming locations for food, lodging, and gasohne, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES' SECTION 1. That the C~ty Council requests that the Texas Munlc~pal League support legislation that would amend the current leglslat~on allowing the use of logo reader signs along ~nterstates m urban areas with a population of 50,000 or more according to the last federal census SECTION 2. That the C~ty Manager ~s authorized to forward a copy of this resolution to Mr Frank Sturzl, Exeent~ve D~rector of the Texas Mtm~c~pal League SECTION III' That th~s resolution shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s the ~/166 day of October 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT 1~( PROUTY, CITY ATTORNEY RESOLUTION NO. /)~'~bqY/-- RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION INCREASING THE HOTEL/MOTEL SALES TAX TO 9% FOR CITIES OVER 75,000 TO PROVIDE FOR CONVENTION CENTER FACILITIES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Texas Mumclpal League will hold its annual conference on November 28-30, 2001 m Houston, Texas, and WHEREAS, Chapter 351 of the Texas Tax Code allows some cities to charge an addlt~onal 2% for a total of 9% of the tax on the occupancy of a hotel or motel room to prowde for convention center faclht~es, and WHEREAS, this section would have to be amended to allows cities over 75,000 to charge an adChtlonal 2% on the occupancy of a hotel or motel room to provide for convention center facilities, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES' SECTION 1. That the City Council requests that the Texas Municipal League support legislation supporting an amendment to Chapter 351 of the Texas Tax Code allows some e~t~es to charge an addmonal 2% for a total of 9% of the tax on the occupancy of a hotel or motel room to prowde for convention center faclhtles SECTION 2. That the C~ty Manager ~s authorized to forward a copy of this resolution to Mr Frank Sturzl, Executive Director of the Texas Mumeipal League SECTION 3. That th~s resolution shall become effective immediately upon its passage and approval PASSED PROV D th, s the dayof , 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION ALLOWING TO OPPOSE LEGISLATION ALLOWING THE CREATION OF SPECIAL DISTRICTS WITHIN A CITY'S EXTRATERRITORIAL JURISDICTION AND TO SUPPORT LEGISLATION REQUIRING SPECIAL DISTRICTS, INCLUDING WATER DISTRICTS, TO PROVIDE NOTICE AND RECEIVE PERMISSION FROM A CITY BEFORE FORMING WITHIN A CITY'S EXTRATERRITORIAL JURISIDICTION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Texas Municipal League will hold 1ts annual conference on November 28-30, 2001 in Houston, Texas, and WHEREAS, a City plans capital improvement programs ("CIP") based on future growth and demand projections within its extratemtonal jurisdiction ("ETJ'), and WHEREAS, if special districts including water districts are allowed to develop within cities' ETJs, they adversely impact already financially committed CIP projects and interfere with the cities' ability to efficiently provide public infrastructure and service to customers, and WHEREAS, such special districts should be required to provide cities' notice and receive permission fi.om a city prior to forming, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES' SECTION 1 That the City Cotmcfl requests that the Texas Mumclpal League oppose legislation that would allow special districts, including water districts, to form in the ETJ of a City and to support legislation requmng special districts to provide notice and receive permission before forming with a City's ETJ .SECTION 2. That the City Manager is authorized to forward a copy of this resolution to Mr Frank Sturzl, Executive Director of the Texas Munlmpal League SECTION 3 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 6~~ day of October 2001 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY ~m~Ov~ ^~ ~o ~o^~ ~o~ HERBERT ~/PROUTY, CITY ATTORNEY SOLUTXON NO. A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION REQUIRING FACILITIES CONSTRUCTED OR ACQUIRED BY A HIGHER EDUCATION AUTHORITY OR NONPROFIT CORPORATIONS ACTING ON THEIR BEHALF TO BE LOCATED WITHIN THE BOUNDARIES OR EXTRATERRITORIAL JURISDICTION OF A CITY THAT CREATED THE AUTHORITY WHEREAS, the Texas Municipal League will hold its annual conference on November 28-30, 2001 in Houston, Texas, and WHEREAS, Chapter 53 of the Texas Education Code allows cities to create Higher Educational Authorities or nonprofit corporations acting on their behalf to acquire educational facilities or housmg facilities w~thxn another city or its extratemtonal junschctlon, and WHEREAS, Local taxing entities outside of these cities are thereby deprived of needed property tax revenues, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES' SECTION 1. That the City Council requests that the Texas Municipal League support legislation that would amend Chapter 53 of the Texas Education Code to require that facilities acquired by Higher Educational Authorities or nonprofit corporations acting on their behalf must be located in within the boundaries or extraterritorial juns&eUon of a city that created the anthonty or nonprofit corporation .SECTION 2 That the City Manager is authorized to forward a copy of this resolution to Mr Frank Sturzl, Executive Director of the Texas Mumelpal League SECTION 3. That this resolution shall become effective lmmethately upon its passage and approval PASSED AND APPROVED thxs the ~lt_.~ day of October 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY / ~PROVED AS TO LEGAL FORM HERBERT L I~ROUTY, CITY ATTORNEY S \Our Documents'ff~esolutmns\OlkResolution-Propos~tmn 15 doc RESOLUTION NO ~00/'0~0 A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING PROPOSITION #15 ON THE NOVEMBER 6, 2001 CONSTITUTIONAL AMENDMENT ELECTION, CREATING THE TEXAS MOBILITY FUND, AND AUTHORIZING GRANTS, LOANS OF MONEY, AND ISSUANCE OF OBLIGATIONS FOR FINANCING OF MOBILITY PROJECTS THROUGHOUT THE STATE OF TEXAS, AND PROVIDING AN EFFECTIVE DATE WHEREAS Sen Florence Shapiro and Rep Clyde Alexander sponsored legislation leathng to the proposal of Proposition 15 on the November 6, 2001 state ballot, and WHEREAS Governor Rick Perry ~s asking Texans to support Proposition 15, and WHEREAS Proposition 15 is "Proposing a const~tUtlonal amendment creating the Texas Mobility Fund and authorizing grants and loans of money and ~ssuance of obhgat~ons for financing construction, reconstruction, acqms~t~on, operation, and expansion of state h~ghways, turnpikes, toll roads, toll bridges, and other mobility projects", and WHEREAS Proposition 15 will help ease traffic congestion without the burden of new taxes, and WHEREAS Proposition 15 will allow TxDOT to leverage h~ghway funds build needed road projects faster, and WHEREAS mobility ~s fundamental to Texas' quality of hfe and economic vltahty, including attracting new businesses and generating new jobs, and WHEREAS both infrastructure mmntenance and development ~s behind the curve of increased use due to p0pulatlon increase, increased international NAFTA traffic, and d~stnbut~on needs to support a strong economy, and WHEREAS current funding allows TxDOT to respond to only 36 percent of Texas' transportation needs, and WHEREAS adthtlonal funding for state transportation projects ~s greatly needed, but unavailable through general revenue, and WHEREAS Proposmon 15 would not fully fund the state's transportation needs, it would s~gmficantly eontnbute to efforts to meet those needs, NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES' Section 1 That the Council of the City of Denton, Texas supports Proposition 15 to address Texas' transportation ~nfrastructure needs S \Our Documents'~Resolu~ons\Ol\Resolut~on-Proposit~on 15 doc Sect~or~ 2 Th~s resolution shall become effective ~mmediately upon ~ts passage and approval PASSEDA~DA~PROWD~,s~e X--~dayof ~/~<~ ,200~ EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY BY A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT UNDER APPLICABLE LAW, INCLUDING CHAPTER 380 OF THE LOCAL GOVERNMENT CODE WITH DENTON CROSSING PARTNERS, L P FOR A RETAIL AND COMMERCIAL PROJECT LOCATED ON LOOP 288 APPROXIMATELY ONE QUARTER MILE EAST OF 1-35E IN THE CITY OF DENTON, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton recognizes the ~mportance of 1ts role in local economic development, and WHEREAS, Chapter 380 of the Texas Local Government Code (the "Act") authorizes Texas mumcxpalIUes to establish programs to make grants of public money for the purpose of promoting state and local economic development and stimulating commercial activity, and WHEREAS, the City of Denton elects to establish a program for making economic development grants pursuant to agreements to be entered into by the C~ty, and WHEREAS, in furtherance of the purposes of the Act, the City desires to negotiate an economic development grant agreement wxth Denton Cross,ng Partners, L P, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 The City Manager xs hereby anthonzed to negotiate an economic developn~ent program grant agreement, for a program wxthln a specified term, with Denton Crossing Partners, L P for the development of a 50+ acre parcel of land located on Loop 288 approximately ¼ mile east of 1-35E, to include retail estabhshments, restaurants, grocery and other commercial uses SECTION 2 The agreement will include standards for transportation, utihty, drainage and other development requirements The C~ty Manager will investigate and propose avmlable and appr0pnate fmancmg programs, such as, but not limited to, those prowded under the Act The agre0ment and program will be subject to further C~ty Council approval by ordmance S]~CTION 3 Tlus resolution shall become effective immechately upon its passage and approval, EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 RESOLUTION NO RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEX~S MUNICIPAL LEAGUE SUPPORT LEGISLATION THAT WILL ALLOW AN OPTIONAL SALES TAX INCREASE TO FUND RAPID TRANSIT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Texas Mumcipal League will hold its annual conference on November 28-30, 2001 in Houston, Texas, and WHEREAS, a safe and reliable transportation system and clean air are essential to the continued economic growth and vitality of counties in the State of Texas, and WHEREAS, some Texas cities have reached the maximum hmltatlon on sales tax and legislation m necessary to give cities the option to increase the sales tax cap, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1. That the City Council requests that the Texas Municipal League support legislation supporting an optional sales tax ~ncrease to fund rapid transit SECTION 2. That the City Manager is authorized to forward a copy of this resolution to Mr Frank Sturzl, Executive Director of the Texas Municipal League SECTION 3 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ~ day of October 2001 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY OVED AS TO LEGAL FORM HERBERT L "PROUTY, CITY ATTORNEY RESOLUTION NO ~00/'~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE ASSIGNMENT BY TEXAS AIR CENTER, 1NC OF A COMMERCIAL OPERATOR AIRPORT LEASE EXECUTED AUGUST 30, 1988 TO BAh/[ DENTON MANAG]~MENT VENTURES, L L C, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the C~ty of Denton has leased mrport property to Texas A~r Center, Inc ("Texas gnr") pursuant to that certain lease agreement dated August 30, 1988, as amended by amendments dated Junel7, 1994, October 6, 1998, and December 7, 1999 (the "A~rport Lease"), and WHEREAS, Texas Air w~shes to assign ~ts interest in the BAM Denton Management Ventures, L L C ("BAM"), and WHEREAS, Texas 3dr ~s reqmred to obtmn the C~ty's written consent to th~s assignment, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES gI~.CTIC}N 1. The C~ty of Denton hereby gives its written consent to the assignment of the A~rport Lease to BAM m substantmlly the same form as the document attached hereto and made a part hereof by reference Tins Consent is subject to the requirement that BAM provide the City w~th a copy of the fully executed assignment w~thm fifteen days of~ts execution SECTK)_12t_~ Th~s resolution shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED th~s the /{~ dayof ~ff'~d~t/ ,2001 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY /7 API~OVED AS TO LEGAL F~IVl ASSIGNMENT OF AIRPORT LEASE FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which ~s acknowledged, TEXAS AIR CENTER, INC ("Assignor"), hereby absolutely and ~rrevoeably transfers, assigns, conveys, and sets over unto BAM DENTON MANAGEMENT VENTURES, L L C ("Assignee") and ~ts successors and assigns, all of Assignor's right, title, and interest m and to that certain Lease Agreement For F~xed Base Operataon Aet~wty Between The C~ty of Denton and Atr Denton, Inc, dated August 30, 1988, as amended by 0) that certain Agreement Between The City of Denton and ~ar Denton, Inc dated effective June 7, 1994, (n) that certain Second Amendment to Au-port Lease Agreement For F~xed Base Operatang Aettwty Between The City of Denton and Texas A~r Center, Ine dated effective October 6, 1998, and (m) that certain Tlurd Amendment to Awport Lease Agreement For Fixed Base Operating Act~mty Between The C~ty of Denton and Texas ,Mr Center, all of whmh are hereinafter collectively referred to as the "Airport Lease", covering certain mai property located at the Denton Munmlpal Airport, C~ty of Denton, Denton County, Texas, and more particularly described by metes and bounds on Exhibit "A", attached hereto and incorporated herein by reference for all purposes, and all braidings, fixtures, structures and improvements thereon (the "Improvements"), together with O) all rights m and to roads, rights-of-way, and xngress and egress easements relating to the Land, whether surface or subsurface, or otherwtse, and (n) all other rights and appurtenances belonging or in any way pertmmng to the Land and the Improvements Assignee, as part of the consideration to Assignor for the transfer and assignment hereby effectuated, exndenced and documented, hereby covenants and agrees, from and after the date hereof only, to ttmely pay, perform, and discharge all monetary and non-monetary obhgat~ons of Assignor under the Ground Lease accmmg from and after the date hereof Assignor acknowledges and agrees that Assignor ~s and remmns solely hable to the C~ty of Denton to timely pay, perform, and discharge all monetary and non-monetary obhgattons of Assignor under the Ground Lease accrmng prior to the date hereof EXECUTED as of the day of ,2001 ASSIGNOR TEXAS AIR CENTER, 1NC By Name T~tle ASSIGNEE BANI DENTON MANAGEMENT VENTURES, L L C By Name Title ASSIGNMENT OF AIRPORT LEASE 47161 3 assignment of lease doc LETTER AGREEMENT NorthStar Bank Of Texas P O BOX 430 Denton, Texas 76202 BAM Denton Management Ventures, L L C 5007 Airport Road Denton, Texas 76207 Re Lease Agreement for F,xed Base Operation Activity dated August 30, 1988, as amended (the "Lease"), by and between the City of Denton (the "City"), as lessor and BAM Denton Management Ventures, L L C, a Texas limited liability company ("~.ess~e"), aa lessee by wa~/of Assignment from Texas Air Center, Inc Gentlemen We understand that Northstar Bank (the "Lender") ~s proposing to make a loan to the Lessee ~n the amount not to exceed $1,100,000 00 (the "Loan"), the proceeds of which wdl be used by the Lessee to re-finance the Lease and all real property ~nterests and certain personal property interests of Texas A~r Center, Inc ~n connecbon w~th ~ts F~xed Base Operabon at the Denton Mumclpal Airport, which a~rport ~s owned by the C~ty Notwithstanding anything to the contrary contained ~n the Lease, th~s letter shall consbtute our agreement and understanding as to the ~nterpretation of the Lease and ~ts application to the r~ghts of the Lender 1 The C~ty represents to Lender and to Lessee that the Lease ~s not ~n default, that the City ~s the owner ~n fee simple of the leased premises as descnbed tn the Lease (the "Premises"), that a full, {rue and complete copy of the Lease and all amendments thereto ~s attached hereto as Exhibit A., that the Lease ~s a vahd and b~nd~ng obligahon of the C~ty and that the Lessee has the r~ght to occupy the Premises under the terms of the Lease 2 The C~ty hereby consents to the Loan, to be secured by a first hen on Lessee's leasehold interest ~n the Premtses and a secunty ~nterast ~n all personal property of Lessee on the Premises, exclusive of any aircraft acquired by Lessee and any equipment hereafter acquired by Lessee w~th purchase money financing prowded by another lender (collectively, such hens and secunty ~nterests, the ("L~ens") The C~ty agrees that ~ts landlord liens on the Lessee's personal property shall be subordinate to the L~ens of Lender on such personal property 3 In the event that the C~ty claims a default under the Lease subsequent to the date hereof, the C~ty agrees to send a copy to Lender of any default nobce that ~s required to be sent or ~s sent to Lessee The C~ty agrees that Lender shall have the r~ght to cure any default by Lessee under the Lease 4 In the event that the Lease ~s cancelled or terminated pursuant to Article VI or Article VII, or any other provisions of the Lease, or ~n the event the Lease ~s rejected ~n any bankruptcy or other legal proceeding, the C~ty agrees to allow Lender a penod of s~xty (60) days following such cencellabon, termination or rejection (upon the condition that the Lender pays the C~ty during such period the monthly rental that would be payable had the Lease not been cancelled, terminated or rejected) to e~ther (0 assume the rights and obhgat~ons of the Lessee under the Lease, or (,) w~thout becoming hable under the Lease, present to the C~ty a replacement lessee, acceptable to the C~ty ~n ~ts reasonable approval, for the purpose of re~nstabng the Lease with the replacement lessee or entering ~nto a replacement lease having the same terms for the balance of the Lease term In any event, the L~ens of the Lender wdl continue unimpaired untd foreclosed or released by Lender, so long as monthly rentals are bmely prod 5 The exemise by Lender of ~ts rights to foreclose any collateral ~nterest ~n the Premises or the property of Lessee shall not, ~tself, be a default under the Lease 6 To the extent of any conflict between the terms of th~s Letter and the terms of the Lease, the C~ty agrees that as to the Lender, the terms of th~s Letter shall be controlhng 7 Th~s Letter ~s g~ven to assure the Lender, ~ts successors and asmgns, as to the interpretabon of certain prows~ons affecting the ~nterests of Lender, nothing in th~s Letter is intended to confer or shall confer any right or benefit upon Lessee or any third party other than Lender If the above accurately reflects our understanding and agreement, please ~nd~cate by s~gmng below and returning a counterpart to the City CITY OF DE/,~NTO~ T~EXAS ~,IiY AT[OR[~,['~,/ Next Document SOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING THE CREATION AND OPERATION OF THE DENTON ASSISTANCE CENTER, INC, A TEXAS NONPROFIT CORPORATION, WHOSE PURPOSE IS TO PROVIDE A CENTRAL LOCATION FOR SOCIAL AND HEALTH SERVICES IN DENTON COUNTY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Denton Assistance Center, Inc ("DAC") is a Texas nonprofit corporation whose purpose ~s to provide a central location for social and health servmes ~n Denton County, Texas, and WHEREAS, DAC has requested that the C~ty Councd of the City of Denton by resolution support and endorse DAC's efforts to meet its goal of prowd~ng a central location for socml and health services ~n Denton County, Texas, and WHEREAS, A centralized location of social and health care services in Denton County ~s a v~able means of ~mprowng the quahty and circumstances of hfe for the people of Denton County and for future generations, NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Councd of the City of Denton, Texas supports and endorses the creation and operation of DAC and lis efforts ~n the planmng and implementation of a central location for social and health care servmes ~n Denton County whmh w~ll provide more accessible, coordinated and responsive servmes, decrease operational and administrative costs, and allow for increased services, coverage and program development SECTION 2 Th~s resolutmn shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED this the ~ '~J day of ~t~ffg~.~/(~ , 2001 EUL1NE BROCK, MAYOR ATTEST JEI~IFER WALTERS~x~ITY SECRETARY APPROVED AS TO LEGAL FO~Vi S \Oul Docurnenta\Resolutlo~Asststance Center doc S \Our Documents~R. esolutions\01\Oll & Gas Leasing Pohcy Res doc RESOLUTION NO ~/' A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING AN OIL AND GAS LEASING POLICY FOR THE DEVELOPMENT OF MINERAL RIGHTS ON CITY PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON, AND DECLARING AN EFFECTIVE DATE WHEREAS, the City Council, desires to adopt such policy as an official policy regardang procedures for leasing minerals on City land, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 That pursuant to the Texas Natural Resources Code the City Council adopts aumform procedure for the leasing of minerals on City land 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 immediately upon its passage and approval PASSED AND APPROVED this the ~ day of ~~ ,2001 E-ULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY OIL AND GAS LEASING POLICY PURPOSE To estabhsh procedure for the leasing of minerals on City land POLICY AND PROCEDURES a Obtaining a Lease 1 The leasing process usually takes a minimum of 6-8 weeks Copies of th~s Policy shall be made avmlable as an information sheet Tbas only covers steps necessary to get City approval and does not cover any other governmental reqmrements, 2 File a letter w~th the Legal Department (940-349-8333) or Property/Facility Management (940-349-7200) requesting that the desired land(s) be advertised for bid for an Off and Gas Lease The letter should contmn (a) Legal description, (b) Plat with desired area ~ndmated, (c) Statement to assume advertising cost ( 1 ) tf successful bidder, (2) ~fthere are no b~dders, or (3) ~f all b~ds are rejected by City Council, (d) The C~ty's mineral interest, and (e) Statement that Lessee is subject to all conditions and terms which the City places ~n its Off and Gas Lease, 3 Normal lease conditions are (a) Term --3 years, (b) Royalty at least equal to that estabhshed at the most recent State of Texas m~neral lease sale (currently 25%), 4 Any affected City department will be contacted If the surface is owned by the City and leased, than the surface lessee will be contacted for lnput, 5 If the Cxty staff ("Staff") does not thmk the proposed area should be leased, the request will be referred to the City Council for a determination of whether or not to advertise the property for lease The City form lease ~s avmlable for ~nspectlon ~n the C~ty Secretary's Office or Legal Department 6 If staffdoes not object to the lease or if Council so directs, a public notice will be placed in a newspaper of general circulation in the county where the property is located Additional advertising may also be placed ~n various industry publications The advertisement for bids wall mn in the newspaper once each week for three consecutive weeks stating the date for opemng bids 7 All bids should be sealed and submxtted prior to the opening to the Pumhaslng Agent, 901 B Texas Street, Denton, Texas 76201 The envelope contmmng the bid forms should reflect the C~ty Bid Number and the date, t~me, and place for opening and should also contmn a collection draft in the amount of prod-up royalty and bonus and a check for advertising costs Advertising costs are obtmned from City Secretary at (940)-349-8300 8 Bids will be opened and read at stated time and date Each bid will be reviewed by the Legal Department for the best bid, taking into consideration the bonus, term, and royalty The form of the bid is the completed City of Denton Oil and Gas Lease executed by the lessee, 9 The bids will be presented to the City Councxl for final approval or rejection, and 10 Following acceptance of the bid, the Lease will be executed by the City and submitted with the collection draft through the City's depositor bank for collection Any unsuccessful bidders may expect their collection drafts, advertmmg costs and other documents to be returned at that t~me b Lease Review Once a year, the Fire Marshal will visit and inspect each lease and well s~te The ~nspectmn ~s to check for compliance w~th any well permit and other lease and safety requirements as required by federal, state or local law A written report will be d~stnbuted to the involved departments, 2 The Fmance Department shall review monthly payments and penodmally compare production figures with Railroad Comm~ssmn reports Once a year, the fiscal year amount received, plus average monthly payments for each lease, shall be distributed to the involved departments, and 3 When a lease expires, Legal shall obtmn a signed release S \Our Docum~nts\Resolutmns\01~Apprmsal Revlcw Board doc A ~SOL~ION NOM~AT~G MEMBERS TO THE ~P~ISAL ~VIEW BO~ OF THE DE~ON CENT~L ~P~ISAL DIST~CT, A~ DECL~G AN EFFECTIVE DATE ~AS, the te~ of office for v~ous Apprmsal Remew Bo~d members of the Denton Con.al Apprmsal D~stnet w~ll expire on December 31, 2001, ~d ~E~AS, the C~ty of Denton, Texas w~shes to nominate members to smd Board, NOW, THE~FO~ THE CO~CIL OF THE CITY OF DENTON, TEXAS HE.BY ~SOLVES SECTION 1 That the C~ty of Denton, Texas, hereby nominates L~ Wfllson ~d Pe~l Ford as members to the Apprmsal Rewew Bo~d of the Denton Central Apprmsal D~smct SECTION 2 That th~s resolution shall become effective l~ed~ately upon ~ts passage and approval PASSED ~ ~PROVED th,s the ~¢ day of~, 2001 E~ BROCK, MAYOR ATTEST: JE~IFER WALTERS, CITY SEC~T~Y ~PR~E;' ~S TO LEG~ FO~ HE~ERT L PROUTY, CITY ATTO~EY S \Our Doeuments\Rcsolut~ons\01\Vote Member to Cen/xal Appraisal Res doc RESOL TIONNO 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 SECTION 1 That the C~ty Council of the C~ty of Denton, Texas, hereby casts all 169 votes for Rick Woolfolk for membership to the Board of D~rectors of the Denton Central Apprmsal D~stnct for the County of Denton, Texas SECTION 2 That th~s resolution shall become effective tmmedtately upon ~ts passage and approval PASSED AND APPROVED th~s the ~ ~--'~ dayof ~~ ,2001 L EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY RESOLUTION NO 4~ A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY BOARD, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas has approved the creation of the City of Denton Industrial Development Authority (IDA) pursuant to the provisions of the Development Corporation Act of 1979, and WHEREAS, by Resolution No R96-006 Pack Svehla and Kathy DuBose were reappointed to the Board of Directors of the Industrial Development Authority (IDA), and WHEREAS, by Resolution No R96-079 Ted Benavldas was appointed to the Board of Directors of the Industrial Development Authonty (IDA), and WHEREAS, the term of office of Kathy Dubose, the only member remmmng of the Board of Directors of the Industrial Development Authority (IDA), has expired, and WHEREAS, the City Council deems it the public interest to appoint the City Manager, Michael A Conduff, the Assistant City Manager/Fiscal & Mumclpal Services, Kathy DuBose, and the Director of Economic Development, Llnda Rathff, to the Board of Directors of the IDA, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES gW, f~TION 1 That the following persons are hereby appointed to the Board of Directors of the City of Denton Industrial Development Authority NAMI~, ADDRRRR Michael A Conduff, City Manager 215 East McKlnney Denton, Texas 76201 Kathy DuBose, Assistant City Manager/ 215 East McIrduney Fiscal & Mttmclpal Sennces Denton, Texas 76201 Lmda Rathff, Director of Economm Development 100 West Oak, No 101 Denton, Texas 76201 Each D~rector shall serve a term of office of six years The term of the foregoing members shall expire on September 18, 2007 P~el S~CTIONI 2 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED thls the ~/~ dayof ~7~/]~ ,2001 EULINE BROCK, MAYOR ATTESTI JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A RESIDENTIAL PROJECT PLAN FOR A SINGLE-FAMILY SUBDIVISION WITH 16,000 SQUARE FOOT MINIMUM LOT SIZE, BEING AN APPROXIMATELY 47 4 ACRE SITE GENERALLY LOCATED EAST OF US HIGHWAY 377 AND SOUTH OF BRUSH CREEK ROAD, AND PROVIDING FOR AN EFFECTIVE DATE (SP-01-001~ WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-046 which established certain residential lntenm regulations (the "Residential Interim Regulations"), WHEREAS, the Residential Intenm Regulations established, among other things, a project plan requirement, and WHEREAS, the owners of an approximately 47 4 acre tract of land zoned One-Family Dwelling (SF-16) and described as 47 412 acres in the G Daugherty Survey, Abstract No 351, the H Haggood Survey, Abstract No 517, and the W Hudson Survey, Abstract No 586, an the city of Denton, Denton County, Texas, have made application for approval of a project plan under the Residential Intenm Regulations, a copy of which is attached hereto as Exhibit "A" and made a part hereof by reference (the "ProJect Plan"), and WHEREAS, the City Council finds that the ProJect Plan, with the conditions imposed herein, if any, meets the reqmrements of the Resldentml Interim Regulations NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The ProJect Plan is hereby approved subject to the following condition No lots or buildings shall be in the floodphun as ultimately defined by the Federal Emergency Management Agency ("FEMA") The 100-year floodplain as described by Goodwm and Marshall Inc flood study is subject to review and approval by City of Denton and subsequent issuance of a Letter of Map Revision by FEMA Any changes to the floodplmn through this process could alter the open space/floodplmn and the bmldable area as shown on the ProJect Plan SECTION 2 This resolution shall become effective immediately from and after its approval PASSED AND APPROVED this the ~b~ dayof ~/7~t~ ,2001 EULINE BROCK, MAYOR Page 1 of 2 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 EXHIBIT A : l: t! I, A RESOLUTION TO DECLARE THE iNTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED RETA1NED EARNiNGS OF THE WASTEWATER FUND WITH REVENUE BONDS SO THAT A PROJECT APPROVED IN THE 2000-2001 CAPITAL IMPRO'CEMENT BUDGET MAY BE COMMENCED, AND PROVIDING AN EFFECTIVE DATE (PROJECT- $7,000,000 00 FOR WASTEWATER PLANT EXPANSION) WHEREAS, the City of Denton (the "Issuer") is a municipal corporatlon/pohtmal subdlwslon of the State of Texas, and WHEREAS, the issuer expects to pay expenditures in connection with the design, planning, and construction for City improvements which were previously approved in the 2000- 2001 CIPi Budget as the wastewater plant expansion and are more fully described in Attachment "A" (the l'Project"), and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful obJectiveS of the Issuer and, as such, chooses to declare its intention, in accordance with the provlmons of Section 1 150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obhgatlons to finance the ProJect, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum pnnelpal amount equal to $7,000,000 00 for the purpose of paying the costs of the ProJect, as set forth in the attached Attachment "A" which is made a part of this resolution for all purposes SECTION 2 All costs to be reimbursed will be for design and capital improvement expendlttWes No tax-exempt obligations will be issued by the Issuer in furtherance of this resolutloo after a date which is later than 18 months after the later of (1) the date the expenditures are prod, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service All amounts expended from the Unreserved Retmned IEarnlngs for the ProJects to pay any costs of the Projects shall be reimbursed from Revenue Bond proceeds within the 2001-2002 fiscal year SECTION 3 The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant po this resolution more than three years after the date any expenditure which is to be reunburscd is paid sEcTION 4 This resolution shall become effective immediately upon its passage and approval' EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 ATTACHMENT A Expansion of Wastewater Plant $7,000,000 00 Page 3 Next Document S \Our Doeuments~R. esolutlons\0 I\DENIA NEIGHBORHOOD PLAN RESOLUTION doc RESOLUTION NO /~0t~/- tOT/ A RESOLUTION ADOPTING THE DENIA NEIGHBORHOOD SMALL AREA PLAN FOR RECOMMENDATIONS AND IMPLEMENTATION ACTIONS FOR AREA IMPROVEMENTS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty of Denton has formulated a new comprehensive plan adopted by the C~ty Council on December 7, 1999, and WHEREAS, the Comprehensive Plan sets a framework for planmng and strategy development for the entire C~ty of Denton, and a small area plan, through the Small Area Planmng Program, will supplement the comprehensive plan w~th more detail necessary to grade everyday commumty development dems~ons, and WHEREAS, the C~ty Cotmcfl adopted the Small Area Plarmmg Program on January 6, 1998, and WHEREAS, the Dema Nmghborhood Small Area Plan ~s the third m a series of spemfic commumty plans to build on the work of the comprehensive plan, and WHEREAS, through a rewew process w~th Dema area residents, bus~ness owners and other area stakeholders, a framework of recommendations on future land use, transportation and pubhc ~mprovements has been formulated to assist w~th future dems~on-makmg and case-by-case development of the Dema area, and WHEREAS, the Dema plannmg area ~s ~dentffied as the area bounded by 1-35 E to the north, Fort Worth Drive to the east, Roselawn Drive to the south, and Bonme Brae to the west, and THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES Section 1 That the Denton C~ty Cotmcfl adopts the Dema Nmghborhood Small Area Plan and its recommendations Sectaon 2 That th~s resolution shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED on th,s the ~ dayof ~/~//~/~_j ,2001 EULINE BROCK, MAYOR S \Our Docun~ents\Rosolutlons\01~DENIA NEIGHBORHOOD PLAN RESOLUTION doc ATTEST JENNIFER WALTERS, CITY SECRETARY ?" ~STO ^PPROV~D L~OALFO~ HERBERT L PROUTY, CITY ATTO~Y DENIA~ ACKNOWLEDGEMENTS The creation of the Dema Neighborhood Small Area Plan was made possible by the cooperative efforts of concerned c~t~zens, c~ty staff, and elected and appointed offic;als The primary objective of th~s small area planmng document ~s to address ~mportant ~ssues and concerns ~n the Dema neighborhood ~n greater detad than the Denton Plan The Small Area Planning Section of the City of Denton's Planning and Development Department wishes to thank the many people, orgamzat~ons and departments for their efforts m prov~dingI h;stoncal data, d~rect~on, ~ns~ght and construcbve cnt~c~sm ~n the formulation of the Dema Neighborhood Small Area Plan Special Recogmt, on to the CITIZENS OF DENIA and Mayor and City Councd Mayor Euhne Brock Council Member Mark Burroughs Mayor Pro-Tem Rom Beasley (Former) Mayor Jack Miller Councd Member Raymond Redmon (Former) Council Member Carl G Young, Sr Council Member Jane Fulton (Former) Council Member Neff Durrance Council Member M~chael Phdhps (Former) Council Member M~ke Cochran Council Member Perry McNefll (Former) Council Member Sandy Kristoferson Planning and Zon,ng Comm,sslon Chair Salty R~shel Commissioner Joe Roy Commissioner Bob Powell (Former) Chair Perry McNefll Commissioner B~ll Ke~th (Former) Commissioner Carl Wflhams Commissioner Susan Apple (Former) Commissioner Ehzabeth Gourd~e Commissioner V~ck~ Holt (Former) Commissioner Ruby Moreno Commissioner Joe Mulroy City Staff M~ke Conduff, C~ty Manager M~ke Jez, (Former) C~ty Manager Dawd H~II, Assistant C~ty Manager, Development Serwces City Departments C~ty Manager's Office Eng~neenng Planning and Development Parks and Recreabon Commumty Development F~re Department Police Department Transportabon ~ ~ Dema Small Area Plan We also g~ve a very special thanks to the Small Area Planmng Section of the Planmng and Development and members of the Small Area Planning Team for their effort in the coord~nabon, collaborabon, contribution and experbse to the planning process For, w~thout their dedlcabon and hard work, The Den~a Neighborhood Small Area Plan would not ex~st The Small Area Section of the Planning and Development Department ~' Doug Powell, AICP ~ Chris Hatcher, D~rector, Small Area Planner I, Planning and Development Planmng and Development ~' Larry Re~chhart, AICP ~ Stephen Cook Assistant Director, Comprehensive Planner II, Planning and Development Planning and Development ~' Dedra Denee Ragland, AICP ~ Jess~ca Warchol Small Area Planning Manager, Planmng Intern Planning and Development Planning and Development Small Area Planmng Team Members ~, L~nda Ratl~ff, ~ Dawd Salmon, D~rector, Assistant D~rector, Community Development Eng~neenng ~, Lor~ Shelton, > Dale Hoeltlng, Economic Development Coordinator, Drainage Engineer, Community Development Eng~neenng > Barbara Ross > Jerry Clark Community Services Administrator, F~eld Services Manager, Community Development Eng~neenng > John Hudson > Ed Hodney, Emergency Management Coordinator, D~rector, Fire Department Parks and Recreabon ~, Stanley N~xon > Robed T~ckner Pubhc Transportabon Manager, Supenntendent of Parks Planning Transportation Parks and Recreation Particular Thanks and Regards Mrs Carol Brantley, DACG President Mr John Weber, DACG (former) President Dema Small Area Plan I TABLE OF CONTENTS ...... ....., DENIA INTRODUCTION THE REVIEW PROCESS 1 PROJECT GOALS AND OBJECTIVES 2 RELATIONSHIP TO THE DENTON PLAN 2 HOW TO USE THIS DOCUMENT 3 NEIGHBORHOOD DESCRIPTON BOUNDARY 4 HISTORY 5 NEIGHBORHOOD PROFILE DEMOGRAPHIC AND SOCIO-ECONOMIC PROFILE 7 POPULATION 7 EDUCATION 8 OCCUPATION 9 INCOME 9 HOUSING 10 EXISTING CONDITIONS 11 INFRASTRUCTURE 11 HOUSING STOCK 12 PROPERTY CONDITIONS AND CODE ENFORCEMENT 12 LAND USE 12 ZONING 13 FUTURE LAND USE AND ZONING 14 DEVELOPMENT ACTIVITY 14 PUBLIC SAFETY 15 COMMUNITY RESOURCES AND LEADERSHIP 15 THE PLANNING PROCESS NEIGHBORHOOD PARTICIPATION 16 Denla Small Area Plan PURPOSE OF THE PLAN 16 PLAN ORGANIZATION 17 NEIGHBORHOOD PLANNING PRINCIPLES 17 DENIA NEIGHBORHOOD VISION 17 PLAN GOALS AND OBJECTIVES 18 COMMUNITY AND ECONOMIC DEVELOPMENT 18 PLANNING AND DEVELOPMENT 18 INFRASTRUCTURE 18 PLAN ISSUES AND RECOMMENDATIONS COMMUNITY DEVELOPMENT ISSUES 20 NEIGHBORHOOD PARTICIPATION AND ACTION 20 PHYSICAL AESTHETICS 20 HOUSING 21 PARKS AND RECRATION 22 PUBLIC TRANSPORTATION 23 ECONOMIC DEVELOPMENT ISSUES 23 FUTURE DEVELOPMENT 23 PLANNING AND DEVELOPMENT ISSUES 24 LAND USE 24 EMERGENCY MANAGEMENT 25 INFRASTRUCTURE ISSUES 25 TRAFFIC AND CIRCULATION PATTERNS 25 PEDESTRIAN CIRCULATION AND SAFETY 27 DRAINAGE 28 PARKING 28 IMPLEMENTATION STRATEGY AGENDA 30 APPENDIX A RESIDENTIAL DEVELOPMENT GUIDELINES APPENDIX B PLAN GRAPHS Dema Small Area Plan DENIA THE REVIEW PROCESS A small area planning document ~s produced to address areas ~n greater detail Small area planning is a process that than the Denton Plan and to cover ex~st~ng prowdes analysis, recommendabons, and characteristics, trends, ~ssues, and implementation gu~dehnes for specific areas opportumbes for the area within the C~ty of Denton THE PLANNING PROCESS ETEP 1 ETEP E IDENTIFY IEEUEE ADMINISTER AND OPTIONE IMP ETRATEOY ETEP 2 ETATE OOALE, OBJEOTIVEE AND PRIORITIEE ETEP 8 REVIEW AND ADOPT IMPLEMENTATIOI~ ETRATEOY ETEP S COLLECT AND INTEEPRET DATA ETEP 7 REVIEW AND ADOPT PLAN STEP 4 PREPARE PLAN ETEP 6 EVALUATE IMPAOTE OF PLAN STEP E DEVELOP PLAN ETRATEOY IMPLEMENTATION ETRATEOY Figure I 1 Dema Small Area Plan Through a rewew process w~th residents, ~ntended to guide C~ty cap~tal ~nvestment, bus~ness owners and other stakeholders of private development, public pohc~es and a specific area, a framework of community actions ~n the Den~a recommendations on future land use, neighborhood ~n ways that fulfill the transportation, and pubhc ~mprovements commumty's v~s~on for ~ts future The small are formulated Th~s framework w~ll assist area plan prowdes the context and rationale decision-makers ~n making decisions and for these pnnc~ples and recommendations wdl guide the case-by-case development of The broad set of recommendations an area contained m the plan w~ll require community ~n~t~at~ve and new, innovative partnerships A small area plan may be for a between community groups, businesses, neighborhood, a business d~stnct, a corridor the C~ty and private c~t~zens In some or a new pubhc fac~hty s~te Requests for cases, the recommendations wdl require small area plans may come from many further analys~s by the C~ty and community sources ~nclud~ng C~ty Councd, the Planning before specific ~mplementat~on strategies and Zoning Commission, and c~t~zens can be ~dent~fled Once a conceptual small area planning document ~s developed and presented for PROJECT (~OALS AND OBJECTIVES pubhc comment, ~t wdl be forwarded to C~ty Councd for rewew and adoption by There are a number of goals and object~ves resolution for the small area planning process The goals and objectives relate to the planning C~t~zens are revolved ~n the small area process and not the actual plan They are planmng process from the earhest stages · Assist residents and businesses m C~t~zens have the best understanding of the developing priorities and strategies to strengths and weaknesses of their stimulate rewtahzatlon and re~nvestment neighborhood The small area planning ~n the area process prowdes c~bzens w~th an opportunity to present ~nformat~on and facts · Involve c~t~zens ~n a community planning to the C~ty Councd, Planmng and Zomng process that fosters active partm~pat~on and leadership Commission, and other appointed boards and commissions that they m~ght not · Present ex~st~ng conditions and trends otherwise have to provide a p~cture of the planning area · Identify strengths and concerns of The development of small area plans also residents, merchants and other allows the pubhc an opportunity to become stakeholders within the area better educated about the planning · Enable stakeholders to share ~deas and process Small area planmng ~s an ~nterdlsclphnary approach to planmng, suggestions about their commumty which rehes on the cooperation of all C~ty of· Promote understanding of the process Denton departments and other and enthusiasm for further partm~pat~on governmental ent~t~es The success of any ~n later stages of problem solwng and small area plan depends on the plan ~mplementat~on ~nvolvement of residents, business owners, landowners and other stakeholders RELATIONSHIP TO THE DENTON PLAN The Den~a Neighborhood Small Area Plan The Dema Neighborhood Small Area Plan Is a set of pnnc~ples and recommendations ~s the third ~n a series of specific community 2 Denla Small Area Plan plans to bglld on the work of the Denton Goals cannot be achieved without a clearly Plan 1999.~2000 The Denton Plan 1999- defined plan of action Therefore, the Plan 2000, adopted December 7, 1999, ~s the contains a broad set of recommendabons, C~ty's comprehensive plan It provides the many of which will require community basra framework for gu~dlng growth and initiative and new, innovative partnerships development ~n the City of Denton over the between community groups, businesses, next twenty years Wh~le the Denton Plan the City and private c~t~zens In some 1999-2000~ focuses on regional growth cases, the recommendations will require managemffnt, it also emphasizes the need further analys~s by the City and commumty to support end ~mprove the local conditions before specific ~mplementatlon strategies and charactenstms of Denton's can be identified neighborhoods One of the main components of the city's comprehensive The Denia Neighborhood Plan includes plan ~s the;prows~on to prepare Small Area · A bnef history of the Den~a or Neighborhood Plans The small area ne~ghborhood's development, plans supplement the comprehensive plan · A rewew of exlsbng conditions ~n the w~th more detail necessary to guide Demane~ghborhood, community development decisions · Goals and recommendabons to fac~htate area ~mprovements, and HOW TO USE THiS DOCUMENT · An "acbon plan" ~dent~fy~ng specific Th~s document ~s the Donna ne~ghborhood's projects and funding sources for area ~mage of ~ts future It was prepared with the ~mprovements ~nvolvement and help of the Dema Area Community Group (DACG) neighborhood In order to foster commumty-wlde support assoclabon DACG members, other and effective maintenance of the plan and neighborhood residents, property owners, ~ts goals, continued ~nvolvement of area and other concerned Denton residents stakeholders and Denton c~tizens is critical All Denton residents must know that the shared their evemngs to help craft a meaningful document Th~s plan represents concerns and ~ssues addressed in th~s plan their combined efforts to enhance and are not solely concerns and problems of the Den~a neighborhood, separable from the preserve the Dema neighborhood area rest of Denton They are everyone's Th~s plan ,contains goal statements, which concern The Den~a Neighborhood Small Area Plan ~s designed to prowde reahsbc deal w~th drainage, eng~neering, planning, and feasible recommendations for the econom~c~ and community development, rewtahzat~on of the area However, to be transportation, safety, aesthetics, character, and culture ~n the neighborhood These reahstlc, the plan recognizes the limitations of pubhc flnanmng resources goals ~dent~fy what the community wants to and the need for new partnereh~ps achieve Goal statements of ne;ghbonng between pubhc agencms and the small are~ plans are taken ~nto account ~n the formulabon of goals for a new small commumty, m which the commumtv area plan study area Nelghbonng takes a ~lreater respons~bilitv for ~ts commun~bes usually share some of the rewl;ahzat~on same issues and concens Donna Small Area Plan 3 , DENIA BOUNDARY The study area boundary was defined by Dema residents at the first Dema The study area for the Dema Neighborhood Neighborhood Small Ama Plan meehn9 Small Area Plan ~s bounded by 1-35 E to the The Denm neighborhood ~s located one mile north, Fort Worth Dnve and the T&P railroad southwest of downtown Denton, d~rectly tracks to the east, Roselawn Dnve to the across 1-35 E from the Umvers~ty of North south, and Bonme Brae to the west (F~gure Texas The Dema study area covers 2a, 2b, 2c) approximately 936 acres of land Denia Neighborhood Boundary UHT F~gure 2a 4 Dema Small Area Plan City/Metroplex Context Figure 2b F~gure 2c Of the 936 acres ~n the study area, 49 9 se~e the ama's growing population In the percent Is developed and 51 1 percent 1950s and 1960s, the Dema area rema~nsundeveloped experienced a growth ~n non-res~denbal development to suppo~ the area's growing HISTORY populabon Th~s non-residential development included a number of semce- The Dema ,neighborhood takes ~ts name onented businesses to se~e the needs of from the Denia Recreation Center and Park the growing residential commumty Retail, located m the neighborhood Mr Newton commercial, hght ~ndustnal, and other non- Rayzor, a large pmpe~y owner m the ama, res~denbal estabhshments were developed donated land for the recreation center and along the Fo~ Wo~h Drive and 1-35 E park s~te The recreation center and park corridors were name~ after Mr Rayzor's w~fe, Mrs Eugema P Rayzor, whose n~ckname was Dunng the late 1800s and early 1900s, the Dema area was characterized by scattered farmlng~ranchlng homesteads The first Boma ama look plato m ~04~ whon lots m sold (Figure 3) Subsequent residential J subdlvls'°ns 'ncludmg, the Denw°dh Addition (1947), W,lhe H Barnes Addition (1948), and Taylor Park Subd~v,s~on (1959) developed east of McCorm~ck Street Over the next 30: years, resident,al development expanded t0 the noah and west over vacant farmland F~gure 3 Increasing residential growth brought about Dema's growth also brought about the need the need for businesses and semces to for more neighborhood semces to sewe the 5 Dema Small Area Plan area In 1965, the City of Denton dedicated Oaks subd~ws~ons offer housing options Den~a Park to serve as a place to relax and ranging ~n price from $106,000 to $210,000 play for residents of Den~a and southwest Presently Den~a is made up of 27 residential Denton In 1979, the C~ty constructed the subdw~s~ons, offenng a great d~vers~ty of Dema Recreabon Center adjacent to Dema housing Housing opbons m Den~a range Park Both Den~a Park and Recreabon from small cottages to large custom budt Center have undergone expansion and homes renovabon ~n recent years Today, Dema Park covers at total of 25 acres w~th playgrounds, mulb-use courts and parking Den~a Recreabon Center has an ~ndoor basketball/volleyball court, weight room, game room, and meeting rooms The Park and Recreation Center are ~mportant elements ~n ne~ghborhood's fabric, prowd~ng safe and well-maintained places for neighborhood residents to enjoy In 1969, the Denton Independent School D~stnct open Frank Borman Elementary School m Den~a The school ~s also an ~mportant element ~n the ne~ghborhood's fabnc Currently Borman's enrollment ~s 560 students Borman's servme area includes Denm, Bent Creek Estates, and the southwest port,on of the Denton Independent School D~stnct In the 1950s, 1-35 E (Den~a's northern boundary) was constructed as part of the National Interstate H~ghway System 1-35 E served as a barner, somewhat Isolating Dema from The Umverslty of North Texas and other adjacent neighborhoods to the north Th~s ~solat~on allowed Dema to develop independently from the umvers~ty and other neighborhoods Today, Dema ~s a well-established residential neighborhood Res~denbal growth over a forty-year penod (1950-1990) has provided the neighborhood w~th a dwerse housing stock New residential development has taken place w~thm Den~a ~n recent years m the form of scattered ~nfill development and mulbple lot subd~ws~ons The newly developed Tremont and Leslie 6 Dema Small Area Plan DENIA ~ DEMOGRAPHIC AND SOCIO-ECONOMIC PROPILE W~th any planmng acbwty, ~t ~s preferable to review current condibons ~n order to determine trends taking place By doing so, the C~ty canlface future ~ssues and problem areas to be addressed ~n a small area plan The most c~mplete and reliable source of demographic mformat~on ~s the US Department of Commerce, Bureau of Census Endmerabon The Census Bureau provides ~ts ~nost comprehensive package of population ~nd demographic ~nformatlon Figure4 every ten years Geographical areas known as standard metropohtan statistical areas The demographic and soc~o-econom~c (SMSA), consohdated metropohtan statistical profile presented ~n th~s plan ~s a compilation areas (CMSA), block numbenng areas of estimates based on selected 1990 (BNA), and census tracts are used to group Census data, data from the 2001 Denton, census data Census tract data ~s further Texas Demographic Profile furnished by the aggregated to a block group level Denton Chamber of Commerce, and 2000 property data from the Denton County The Dema neighborhood ~s located CentralAppra~sal D~stnct Th~sdemograph~c southwest of downtown Denton and ~s profile ~s ~ntended to be used as a tool for part~ally located ~n Census Tract 208, block comparing the Den~a neighborhood relative group 3, Census Tract 209, block group 2, to the CRy of Denton as a whole Only the and Census!Tract 210, block 4 (Ftgure 4) most s~gn~ficant findings are presented Census traqt block group data is the most POPULATION aggregated Idata available from the Bureau of Census E~numerat~on Because the Denla Between 1990 and 2000 Dema experienced ne~ghborho(~d ~s part~ally located ~n three a populabon ~ncrease of 1 1% or 23 Census Tracts, a completely accurate residents Th~s ~s s~gn~flcantly less than the demographic profile of the Den~a C~ty of Denton's population ~ncrease of neighborhood ~s not possible Another 21 5% over the same ten-year per~od d~fflculty ~nl providing the most accurate (Figure $) Den~a's slow growth rate may be demographic profile ~s that Census 2000 a result of the decreasing number of soc~o-econom~c stat~stics at the census tract younger residents m the neighborhood level have not been released Between 1990 and 2000, Dema residents between the ages of 18 and 24 years old decreased by 5 3% (Ftgure 7) Th~s dechne ~n the ne~ghborhood's younger population 7 Denla Small Area Plan was offset by new res~denbal construcbon ~n populabon, the largest increase of any of the the neighborhood nelghborhood's m~nonty groups H~spamcs also had the largest populabon ~ncrease among minorities in the City of Denton (See Ftgure 7) Figure $ S~mdar to the C~ty of Denton, the Dema neighborhood remains a predom~nately Figure 7 Caucasian neighborhood Although the percentage of Caucasian residents m both Between 1990 and 2000 the proportion of the C~ty of Denton and Dema dechned people w~th~n the age groups of 40-64 and between 1990 and 2000, they account for 65 and over saw substantial ~ncreases ~n the vast majority of the ne~ghborhood's and Den~a (Ftgure 8) Den~a residents between C~ty's total populabon (Ftgure 6 and 7) 18 and 24 years of age decreased by 5 3% over the same ten-year period Figure 6 Figure 8 Dema experienced a shght ~ncrease ~n the number of American Indians, African- EDUCATION Americans, H~span~cs, and other m~nont~es Educabon attainment of Den~a residents ~s hwng ~n the neighborhood between 1990 and 2000 (F~gure 6) Den~a's H~span~c representatwe of education attainment c~tyw~de (F~gure 9) At the primary and populabon experienced a 10% ~ncrease m 8 Den~a Small Area Plan secondary educabon levels, education 1990 and 2000 Dema's total population attainment ¢ Den~a residents was slightly grew by only 23 residents dunng the same h~gher that residents c~tyw~de The ten-year period These figures suggest that percentage, Den~a residents, with a post- children below working age in 1990, entered secondary e:lucat~on degree was lower than into the workforce dunng the ensuing res~dentsc~t' v~de decade, thus adding to Dema's total workforce INCOME The median ~ncome level of Dema households grew from $26,176 to $27,761, a 6 1% increase between 1990 and 2000 (Figure 11) C~tyw~de, the median household ~ncome level saw a 153% ~ncrease over the same ten-year per~od I Figure 9 OCCUPA TIO~ Den~a's 2000 population by occupation was determined for workers 16 years of age and older Ovelr 45% of Denla's working age population I~S employed ~n professional, managenal,I and adm~mstrabve support pos~t~ons fO) Dema's total workforce g~ by 360 workers between Figure 11 Average ~ncomes of Dema households also grew The number of Dema households w~th average ~ncomes between $5,000-$24,999 decreased by 162% and households between $25,000-$49,999 decreased by 10 3% In contrast, households w~th average incomes between $50,000-$99,999 ~ncreased by 34 4% and household between $100,000-$149,000 ~ncreased by 651% (Figure 12 ) Figure t0 9 Den~a Small Area Plan Figure 12 Figure 14 HOUSING S~ngle-fam~ly housing un,ts accounted for 88% of the ne~ghborhood's total housing Property data collected from the Denton units (F~gure 15) N~nety-s~x percent of County Central Appraisal D~str~ct ~nd~cates Den~a's housing was built after 1940 Den~a had a total of 914 housing un~ts ~n 2000 Of those 914 un~ts, 96% were occupied (F~gure 13) Figure t6 In 2000, the median price for a house ;n the F,gure 13 Dema neighborhood was $64,326, up from $60,300 ~n 1990 (Figure 16) Of those occupied un~ts, 48% were owner occupied and 52% were renter occupied (F~gure 14 ) 10 Dema Small Area Plan peak traffic hours, making a left or right turn onto Fort Worth Dnve from Acme Street ~s both bme-consum~ng and dangerous The presence of a major railroad corndor along Dema's southeast boundary hm~ts the poss~bd~ty of prowd~ng the neighborhood ,~ w~th an add~bonal outlet to Fort Worth Drive south of Acme Street Bonnie Brae, whmh forms Dema's western boundary, and Roselawn Drive whmh forms ~ts southern '~ boundary, are both substandard local arteries Bonme Brae provides access to the Umvers~ty of North Texas, 1-35 E and I- Figure 16 35 W EXISTING CONDITIONS Vehicular c~rculabon ~ patterns w~th~n The demographic and soclo-economlc Dema are not la~d profde reveals that Dema ~s a stable out ~n a trad~bonal neighborhood, both economically and gnd pattern socially 'Fo sustain the ne~ghborhood's C~rculabon ~n Den~a stabd~ty wdl require ~mprovements to Dema's ~nfrastructure, rehabdltat~on of ~ts ex~st~ng ~s accomphshed WillowwoodStreet hOuSing stock, a coordinated plan for future through the use of growth, and,strong neighborhood leadership one primary north-south artenal road and Addressing these issues wdl be a great one pnmary east-west artenal road challenge facing the neighborhood in the McCorm~ck Street ~s the pnmary north-south coming years artery prowdmg d~rect access to the I Umvers~ty of North Texas Bernard and INFRASTRUCTURE H~ghland Park are also heavily traveled Access ~ntoland out of Dema ~s hm~ted and north-south streets ~n the neighborhood at bmes problematic, especially dunng peak Wdlowwood Street ~s the primary east-west traffic hours Major vehicular transportation artery ~n the neighborhood W~llowwood corridors, 1-35 E to the north and Fort Worth begins ~n the east, at Bernard Street, and Dnve to the east, restrict neighborhood runs the full length of the neighborhood to ~ngress andiegress opportunlbes Avenue D Bonme Brae A network of secondary (local) and McCdrm~ck Street are the only streets feed ~nto the primary artenal roads neighborhood streets that provide d~rect but generally do not ~ntersect other outlets to the Unwers~ty of North Texas and secondary streets Neighborhood streets other dest~nabons north of 1-35 E Acme are generally ~n good cond~tion, however a Street and the 1-35 E Access Road serve as few streets are ~n need of repair and Dema's only direct outlets to Fort Worth maintenance Hazardous ~ntersecbons at Dnve The: removal of the four-way traffic vanous Iocabons ~n the neighborhood s~gnal at thee Acme Street and Fort Worth require ~mproved hne of sight for drivers and/or additional traffic control dewces Drive ~ntersect~on by the Texas Department of Transportation has aggravated ~ngress Vehicles travehng at excessive speeds on and egress problems at this Iocabon Dunng neighborhood streets are a major safety 11 Dema Small Area Plan concern Speed control devices are needed replacement of s~d~ng and physical at various locations throughout the aesthetms hke painting and landscaping neighborhood PROPERTY CONDITIONS AND CODE Pedestrian ~rculat~on ENFORCEMEN~i~ and safety ~s a major concern Pedestnan Property mantenance ~n c~rculat~on ~n Den~a the study area ~s ~s d~sjo~nted due to no0nastent and some missing s~dewalks propefl]es slgnnlcantJy throughout the study detract from the BonnleBraePedestrlan area Many existing overall neighborhood Traffic sidewalks are not KmghtSt Property character The vast level or straight and majority of property maintenance ~ssues In Dema result from the are ~n need of repair The need for an interconnected s~dewalksystem Is ewdent dumping of trash and debns, overgrown grass and weeds, and abandoned or junk HOUSING STOCK vehicles parked ~n yards and on neighborhood streets Code violation data The housing stock ~n furnished by the C~ty of Denton Code the study area ~s Enforcement Dw~s~on shows that over a stable and ~n three-year period, from January 1998 overall good condfe3n through January 2001, a total of 403 code Substandard s~uc~ures wolat~ons were reported ~n the study area data furmshed by Trash and debns wolat~ons accounted for House on Kendolf the C~ty of Denton 44% of all wolat~ons reported Overgrown Street Budding Inspection grass and weeds accounted for 39% and D~ws~on indicates abandoned or junk vehicles accounted for that currently there are no substandard 13% of all reportedwolat~ons (Table 1) residential structures located w~th~n the Dema study area The Budding Inspections D~vls~on ~s resporable for lhe a'forca-nal of various c~ty codes and ordinances including budding codes and minimum housing standards Although no substandard housing ~s present ~n Dema, the need for repair Table'l and rehab~htat~on of the ne~ghborhood's LAND USE House on L~ndsey housing stock is Existing land uses In the Denla study area Street evident The fall ~nto one of s~x categories residential, majority of rehabd~tat~ve efforts to Den~a's commercial, general retail, recreation, housing stock should focus on the repair of mst~tubon, agriculture, and m~nor nonstructural elements such as the vacant/undeveloped (See Extstmg Land Use Map) Land located north of Parv~n and 12 Den~a Small Area Plan WlllowwoodlStreets and south of 1-35 E ~s Single-Family Residential ~s the dominate predominantly developed, w~th s~ngle-fam~ly zoning d~stnct ~n the developed port~on of the residential being the primary land use Dema study area Property zoned Single (Table 2) I Commero~al and other non- Family-7, 10, and 16 (SF-7, SF-10, SF-16) res~dent~allAnd uses are concentrated along accounts for 272 8 acres of the 467 the 1-35 E and Fort Worth Drive corridors, developed acres ~n the study area (Table which forrq the northern and eastern 3) Some of the permitted uses ~n the boundaries Of the study area Recreational S~ngle-Fam~ly Residential D~stnct include uses include Demar-- ---~ one-family detached dwelhngs, churches, Park and l..~..J~ pubhc and private schools, parks, and Recreation CenterW recreation centers m southeast Denla and the U~vers~ty Duplexes s~t on the only Two-Family (2F) of North TeXas Golf zoning d~stnct w~thln the study area which ~s Course, , which compnsed of e~ght consecutive lots located occupies a large Oenla Park Playground on the northwest corner of the tract of land along Area Parv~n/Bernard Street ~ntersect~on the northwest boundary of the neighborhood Institutional uses ~n theI neighborhood ~nclude Borman Elementary School, Liberty Christian Church School, and a few neighborhood churches Undeveloped land is generally located south of Parv~n and W~llowwood Streets and north of Roselawn Drive Land ~n th~s undeveloped portion of the Dema study area ~s predominantly vacant and is presently ncultural uses Table 3 The Two-Family zoning d~stnct accounts for 1 9 acres of the 467 developed acres ~n the study area Some of the permitted uses ~n the Two-Family zoning dlstnct ~nclude one- Table 2 family detached dwelhngs, two-family dwelhngs, churches, public and private ZONING ~ schools, parks, recreation centers, and , group homes The pattern of land use in the Den~a study area ~s representative of the ex~st~ng zoning Multi-Family Residential (MF-1 and MF-2) pattern EX~st~ng zoning ~n the Den~a study zoning d~stncts account for 158 2 acres of area ~s d~v~ded ~nto several zomng d~stncts the 467 developed acres ~n the study area covenng bo~h residential and non-residential Property zoned MF-land MF-2 ~ncludes the development (See Existing Zoning Map) 13 , Dema Small Area Plan University of North Texas Golf Course, the w~ll be zoned Neighborhood Residential 3 Wdlowwood and Sycamore Four apartment (NR-3), Neighborhood Res~denbal 4 (NR-4), complexes located on the northwest corner Neighborhood Residential M~xed Use of the Bernard/Wdlowwood Street (NRMU), or Neighborhood Resldenbal M~xed ~ntersecbon, and property between Use 12 (NRMU-12) (See Future Zoning McCorm~ck and Knight Street near 1-35 E Map) These zomng d~stncts are characterized by existing neighborhoods Non-res~denhal w~th refill development compat~bd~ty The zomng d~stncts m purpose of the NR-3, NR-4, and NRMU-12 the study area d~stncts ~s to preserve and protect ex~st~ng include Commercial neighborhoods and to ensure that any new (C), General Retad ~nflll development ~s compatible w~th ex~st~ng (GR), L~ght land uses, patterns, and design standards Industnal (LI) and Ex~sbng non-residential developments Office (O) These be zoned Neighborhood Center M~xed Use non-residential Ft Worth Drive (NCMU), Commumty Mixed Use General d~stncts account for 30 acres of the 467 (CM-G) or Community M~xed Use developed acres ~n the study area, and are Employment (CM-E) These d~stncts, located along the major corndors ¢-35 E and concentrated along the 1-35 E and Fort Fort Worth Drive) ~n the study area Worth Dnve corndors, w~ll prowde the Four hundred s~xty-n~ne acres (51%) of the necessary shopping, services, recreabon, total 936-acre study area ~s zoned employment, and ~nsbtut~onal fac~ht~es that Agncultural (A) The vast majority of th~s are required by Den~a and surrounding agnculturelly zoned property Is undeveloped commumt~es Permitted uses ~n the Agncultural Zoning Ex~sbng agncultural and vacant undeveloped D~stnct include, but are not hm~ted to, the land wdl be zoned Neighborhood Center producbon, re~smg, breeding or maintenance Residential 2, 4, or 6 (NCR-2, NCR-4, NCR- of plants and animals 6) These zoning d~stncts wdl be Dema's FUTURE LAND USE AND ZONING new residential neighborhoods encouraging an appropnate mix of housing w~th The C~ty of Denton ~s ~n the process of supportive commercial uses prepanng a new development code to support the goals and objecbves of the DEVELOPMENTACTIVlTY Denton Plan 1999-2020 A pnmary function ~ New res~denhal of the new development code wdl be to I development acbv~ty encourage the most appropnate use of land, ~n the study area has buddings and other structures throughout the taken place over the C~ty Under the proposed development last four years Two code, all developed land ~n the study area major developments, wdl retain ~ts ex~st~ng use (See Future Land Use Map) The majonty of vacant Tremont S~gn the Tremont and Leslie Oaks subd~s~ons, undeveloped land wdl be designated for ~ntroduced a combined total of forty-five future residential use s~ngle-famdy lots to the neighborhood Inflll Under the proposed Development Code, housing development has also occurred In ex~st~ng res~denbal developments ~n Dema recent years and more ~nflll opportumt~es 14 Dema Small Area Plan '~ -- Boundaw ,*;~ Agricultural Multiple Family '% Streets Commercial/Gen. Retail Mobile Home % ~ Extraterritorial Jurisdiction Office ~ ' ' ' ' '" Railroad Industrial ~ R~reational ~"~ I ,Parcels ~] Instit~ional L~ ~ Single Family ~ Vacan~Undevelo~d Transpo~ation ,/ Neighborhood Edsfing Land Use I LEGEND ~ Boundary ~ Single Family-10 I Heavy lndustrial -- Streets / Planned Development ~ General Retail ...... Railroad ~ Parking _~._~ Extraterritorial Jurisdiction / Office / Central Business District [---~ Parcels I i Neighborhood Services I' -] Commercial Zoning Districts ~ Multiple Family-R ~ Agricultural I ~ Single Family-7 ~ Multiple Family-2 PI Two-Family ~ Single Family-16 ~i Multiple Family-1 ~ Single Family-13 rl~l Light Industrial '/~/ W~ E t~x]sung Zoning Denia Neighborhood ~" '" Nolo The informahon pmwded on thru map represen~ the current data m the Denton O[~ system It ~s not an official map of the City of Denton Future land Use Boundary Neighborhood Centers Regional Mixed Use Centers Streets Downtown Uniw;rsity Core Employment Centers Railroad ~ Industrial Centers Existing Land Use Parcels Community Environmentally Sensitive Area Mixed Use Centers I ~ ,~. S Denia Neighborhood h~mrc Land Usc ¢'L,~4~- '~'~-:'~:**~ ' , *' . ~~%~ , ~.~l~i ~ ......... Railroad - ~, ,,<,~:~ .-<>~ . . ~<, , ~ Parcels ,,,. ,: ,'~ .... ~ Future Zoning D,str,cts / ~ ,- ~. :, ~ ~C~.- ~ ,.. : ~ ~ r- ,x~,~:-,: ~.~.--~--cs~, ~'~.:-. -.,-~ .~, ~ .... ,, ~ ~ ~ ~. ~ . ~'~,~ :~ -,~ .~,.'~:,~:: ,. ' - :..- /. .,. :' : ,... ., .... ~.. :.. W E '. ' .-'"' ,-' O/'L--.-".: '- ~ ......... ~'~ ->,-:..-':;.-.-':-': ,,"'::.-';;.,:~ s Denia Neighborhood Furore I II I I I LEGEND Streets ~1 Existing Park Neighborhood Circulation Dcnia Ped{~strian ex~st ~n thel study area Large-scale non- through DACG The group publishes a residential development ~n the study area has monthly newsletter that ~s sponsored by the not occurred ~n the Qty of Denton Parks and Recreation ~.'f~{~i~' l~~ area since the mid Department The group is in the process of 1980s An increase ~n developing a ne)ghborhood webs~te DACG r~ldenbal development has estabhshed a good relationship with the IS certain, graven the City This relationship must continue and ~,~,~ amount of developable strengthen in order to achieve the overall ~ ~.~ , land n ~ area quahty of hfe the neighborhood desires Leslie Oak8 Improvements to Subdivision the nelghborhood's infrastructuremust be undertaken to adequately ~serve this future development The majonty of neighborhood residents are supportive of future resldenbal development and growth ps long as It ~s properly planned and coordinated PUBLIC SAFETY Pubhc safety ~s currently not a major ~ssue ~n the study a~ea Neighborhood groups and residents ha~,e a good relationship w~th local law enforcement offm~als The ne~ghborhodd must build upon th~s pos~bve relationship I to obtain neighborhood goals and object~ves ~denbfled ~n th~s Plan In the future, Denla residents must continue to work with r~e~ghborhood pohce officers to address n~ghborhood ~ssues, such as detenoratlnc. J housing, abandoned vehicles, and res~denl;lal traffic problems COMMUNITY RESOURCES AND LEADERSHIP The Den~a Area Community Group (DACG) ~s one of th~ strongest assets that the Den~a ne~ghborhoc~d possesses DACG was ong~nally orgamzed ~n 1992 In 1994, three ~ndependent neighborhood groups merged w~th DACG !n an effort to resist the rezomng of a residential property for commercial use Today, th~s grass-roots orgamzat~on ~s led by a group of concerned residents dedicated to enhancing ithe quahty of hfe ~n their ne~ghborho(~d DACG ~s well organized and very act~v@ Various neighborhood programs and ~n~batives are coordinated 15 Dema Small Area Plan DENIA NEIGHBORHOOD PARTICIPATION worked together w~th C~ty staff to formulate Plan goals and objechves, Work began on the Den~a Neighborhood develop a vm~omng statement, and Small Area Plan in the W~nter of 2001 ~denhfy and pr~or~hze neighborhood Neighborhood residents provided valuable ~ssues and concerns input to the planning process by parhc~patmg ~n a neighborhood survey, PURPOSE OFTHEPLAN attending several neighborhood meetings, and partm~pabng ~n sub-committee Th~s Plan ~s the result of the Den~a workshops ne~ghborhood's desire to improve the quality of life for ~ts residents and at the same bme In the early stages of the planning process, plan for the challenges of future growth The a neighborhood survey was ma~led to 559 C~ty of Denton ~s predicted to grow by over households m the study area Of the 559 one hundred thousand ~nhabltants over the surveys marled, a total of 120 or 21 5% next twenty years The ~mpact of such rap~d were returned The survey asked residents growth will have an effect on neighborhoods to ~dentffy neighborhood strengths and throughout theC~ty weaknesses Survey respondents ~dent~fled access~b~hty, a safe enwronment, Th~s planmng document will prowde the good neighbors, trees and atmosphere, and v~s~on and the foundation for residents of Den~a to prowde construcbve and consistent Den~a Park and Recreation Center as major strengths of the neighborhood Major direction to the C~ty Council, Planning and neighborhood weaknesses ~denbfled were Zoning Commission, C~ty staff, developers, street and s~dewalk cond~bons, traffic and and any other organization or person that circulation patterns, parking, and plays a role in the growth and development of the Denla Neighborhood More speeding specifically the Plan w~ll serve as During the extent of the 1 a focus for neighborhood policy adopbon, plannngprocess, decision making and pr~onty setting, neighborhood 2 a central theme for the orgamz~ng of meetings and neighborhood programs and efforts, workshops 3 a statement of neighborhood objectives were utilized for businesses and orgamzat~ons to gatherand interested ~n locating ~n the Dema classify Neighborhood, neighborhood 4 a tool for the City to prowde to applicants ~nput In lhese who w~sh to develop ~n the meetings, neighborhood, and neighborhood 5 a framework for the C~ty to use ~n residents approving projects and expenditures In and other the Denla Neighborhood stakeholders 16 Den~a Small Area Plan PLAN ORGANIZATION which are valued, and permit new growth opportunities ~n a coordinated and controlled Issues ~dent~fled ~n the planmng process are manner The following are guiding principles orgamzed ~nto three general categories of th~s Plan Community and Economic Development, Planning and Development, and 1 Improve the overall appearance of the Infrastructure The Community and Dema neighborhood, Economic Development category 2 Maintain and rehab~htate ex~stmg housing encompasses a w~de range of ~ssues stock, relabng to physical aesthetics, property 3 Improve coord~nabon of social and rehab~htat~on and maintenance, community service providers that w~ll homeownershlp programs, pubhc result in efficient use of limited resources transportabon, parks and recreation, and to meet the needs of neighborhood the recru~bng of commercial businesses residents, The Planning and Development category 4 Enhance pedestrian c~rculabon network includes ~ssues related to the physical throughout thecommumty, development of the built enwronment such 5 Support ex~st~ng businesses wh~le as land use, zomng and emergency seeking to attract new businesses to management The Infrastructure category servethe neighborhood, includes ~ssues relating to traffic, 6 Promote coordinated neighborhood c~rculabon, pedestnan pathways, drainage, growth and expansion, and parking Each category has specific 7 Prowde adequate ~nfrastructure to help neighborhood goals and objectives that make the neighborhood a safe and reflect the priorities of the Dema pleasant place tollve, and neighborhood 8 Acquire more parkland/open space for neighborhood recreation and enjoyment Goals are general statements of values that prowde a target or a condition of hfe DENIA NEIGHBORHOOD VISION the neighborhood w~shes to achieve STATEMENT Obsectlves are specific short-term The following v~s~on statement has been measurable benchmarks that are adopted by the Dema neighborhood to serve implement~ng actions for specific guiding as a conceptual guide ~n helping the principles neighborhood obtain the quahty of hfe ~t desires NEIGHBORHOOD PLANNING PRINCIPLES "Through broad parhclpabon of our The Den~a neighborhood recognizes that neighbors, the Dema Neighborhood w~ll be a rehab~htabve efforts must be undertaken to neighborhood un/ted together for pride and rejuvenate pockets of the neighborhood progress well into the future Our experiencing detenorat~on and dechne The neighborhood w/Il retain /ts res/denhal neighborhood must also prepare for future character w/th a safe, healthy, pleasant and growth and expansion ~nto ~ts undeveloped sustainable env/ronrnent Our neighborhood areas and at the same t~me, preserve the w/Il be committed to shaping/ts own future, character of its estabhshed areas Th~s Plan developing leadership /n residents of all ~s a statement of how the neighborhood ages, and serving the interests, needs and wants to revltahze ~ts depressed areas, values ofth/sandfuturegenerat/ons" protect those elements of the neighborhood 17 Dema Small Area Plan PLAN (~OAL AND OBJECTIVES ObJective 7 Redevelop the ex~st~ng retail and commercial areas ~n and around the COMMUNITY AND ECONOMIC DEVELOPMENT neighborhood into attracbve and wbrant areas for residents and ws~tors Goal Improve the appearance of the neighborhood by ma/nta/mng and PLANNING AND DEVELOPMENT rehabilitating the existing housing stock to stabilize res/denbal areas and preserve Goal Protect the residential integrity of the affordablllty, helping market neighborhood neighborhood and encourage development to new homebuyers, and helping to spur that supports Denla's ldentlty aa a res~denbal economic development ~n the community, neighborhood and developing a pedestrian circulatory network throughout the commumty Objective I Encourage the expansion of neighborhood-oriented services and retail Object,ye '1 Establish a neighborhood- businesses along ex~st~ng commercial and w~de clean-up program and create a retail corndors (I-35 E Access Road, Fort property maintenance cooperative to Worth Dnve and Bonnie Brae) promote the general maintenance of vacant lots and to assist property owners who are Object,ve 2 D~scourage non-residential unable to maintain their properties encroachment and development that adversely ~mpacts neighborhood ObJeCt,ye 2 Encourage better ut~hzabon of ~nfrastructure, fac~htles, and services rehab~htat~on programs for s~ngle-fam~ly homeowners and rental property owners, Object,ye 3 Monitor development south of homebuyer and homeowner programs W~llowwood and north of Roselawn to ~nsure that a full range of urban services (streets, Object,ye 3 Promote an affordable refill- water, sewer, ut~htles and adequate storm housing program that encourages water runoff) are ~n place to accommodate homeownersh~p new development * Inflll-houslng rs the planned converslon of ObJect,ye 4 Develop an emergency empty lots, underused or rundown evacuation plan of action that is site specific buildings for use as sites for res~denhal to the Denla neighborhood dwellings INFRASTRUCTURE Objective 4 Market Denla neighborhood as a s~ngle family res~denbal commumty to Goal Prowde adequate public attract quahty, well ~ntegrated residential infrastructure to help make the development neighborhood a safe, pleasant and walkable neighborhood Objective 5 Enhance the pedestnan circulation network (sidewalks, nature tra~ls, ObJective I Improve traffic c~rculat~on etc) throughout the neighborhood, while patterns and street connectivity ~n the ~mprowng pedestrian character and safety neighborhood on all neighborhood streets Objective 2 Make Streetscape ObJective 6 Promote new open space ~mprovements area-w~de, which ~ncludes and the expansion of Den~a Park adding curbs, gutters and s~dewalks where they are m~ss~ng and w~denmg major traffic 18 Den~a Small Area Plan arteries within the neighborhood to adequately carry expected ~ncreases ~n traffic Objective 3: Improve drainage to ehm~nate flooding and standing water on local streets throughout the neighborhood ObJective 4 Encourage adequate traffic signals and s~gnage at appropriate locations Object,ve $ Promote more off-street parking to facilitate traffic flow and ~mprove the ~mage of neighborhood streets ObJective 6, Work w~th other neighborhood associations ~n the C~ty to address ~ssues of common ~nterest and concern 19 Denla Small Area Plan DENIA Th~s section ~denbfles ~ssues that are of The Dema Area Community Group (DACG) concern to the residents of the already serves the neighborhood ~n th~s neighborhood, and prowdes recommended capacity, but the group needs more actions for addressing these concerns The participation from neighborhood residents ~ssues are categorized by topic ~nto the three general categories d~scussed ~n the Plan RecommendedActlon Orgamzat~on section The order in which > Den~a Area Community Group should ~ssues and recommended actions are aggressively recruit neighborhood presented does not necessarily correspond residents to join and participate ~n the to their relative degree of ~mportance For a neighborhood organ~zabon more detailed description of funding > Conduct an assessment of commumty methods, bmelmes, and the various assets within the neighborhood Pubhsh agenc~esrespons~blefor~mplemenbng each and d~stnbute the results from the recommended acbon, see the assessment and establish strategies for IMPLEMENTAION STRATEGY AGENDA organizing ~nd~wduals presented ~n the final section of this > Encourage area business owners, document churches, organ~zabons to participate ~n COMMUNITY DEVELOPMENT ISSUES neighborhood act~wt~es and events (e g, neighborhood p~cn~cs, part~es, fund NEIGHBORHOOD PARTICIPATION AND ACTION raisers, etc ) > Work w~th other neighborhood Issue 1 Idenbfy, organize, and utilize the assoc~abons ~n the City to address ~ssues knowledge, skill, and energy of of common ~nterest and concern neighborhood residents PHYSICAL AESTHETICS Denla residents recognize that the City alone cannot address all of the ~ssues and Issue I Encourage neighborhood residents concerns that ex~st w~th~n the neighborhood and property owners to maintain their homes Many ~ssues must be dealt w~th by the and properties residents of the neighborhood themselves The character of a neighborhood ~s reflected One strategy that many neighborhoods have ~n the maintenance and upkeep of homes used successfully is to capitalize on the and yards w~th~n ~t Well-maintained homes willingness of residents to contribute their and yards enhance the aesthebc appeal and ~nd~vldual bme, effort, and abilities towards charm of a neighborhood Denla improving the safety, appearance, and encourages ~ts residents and property sense of community w~th~n the owners to show pride ~n their neighborhood neighborhood Examples lncludeorganlzing through the practice of good property neighborhood clean-up and beaubflcatlon maintenance and the upkeep of the enbre projects, neighborhood fund raising events, neighborhood and volunteenng to assist elderly residents 20 Dsnla Small Area Plan Recommended Actmn to assist property owners who are unable to maintain their properties ~* Educate ires~dents and property owners ~ Develop methods to ~dentlfy absentee about thq ~mportance of maintaining their property owners ~n the neighborhood so homes and properties that they may be held accountable for >' Estabhshl a Good Neighbor Program to property maintenance and code recognize residents and property owners wolat~ons that clean up and ~mprove their homes ~* Work with the C~ty to explore the and/or properties poss~b~hty of estabhsh~ng new regulations Issue 2 Promote good property requ~nng rental properties to be maintenance and clean-up trash and junk periodically ~nspected and properly throughout the neighborhood maintained Study similar regulations requ~nng owner-occupied properties to The C~ty's Trash and Debns, Grass and be maintained Weed, and Junk Vehmles Ordinances HOUSING benefit the neighborhood by requmng property owners to clean up lots that are Issue 1 Preserve and enhance the overgrown w~th grass and weeds, httered ne~ghborhood's ex~st~ng housing stock w~th garbage and debns, or possess vehicles that are not ~n working condition or Enhancing the quahty of Den~a's housing that have been abandoned The Den~a stock ~s one of the top priorities of the Neighborhood supports these nuisance neighborhood The C~ty of Denton has an ordinances and desires to work w~th the C~ty ex,sting home ~mprovement program, to enhance their enforcement and make available through the Community them more effective Development Department, which prowdes assistance to property owners wanting to Recommended Action rehab~htate their properties ~ Increase enforcement of the C~ty's Trash RecommendedActton and Debris, Grass and Weed, and Junk Vehmles~Ordmances, and other ex~st~ng ~ Advertise and promote the C~ty's ex~st~ng regulations ~ntended to ensure that Home Improvement Program--and properties are properly maintained advocate new programs (e g, grants, ~* Volunteers organize a neighborhood loans, technical assistance)--for action committee to conduct regularly prowd~ng assistance to ~nd~wduals and/or scheduled neighborhood audits of groups for the purpose of restonng and neglected properties Committee w~ll rehab~htat~ng housing in the Den~a work w~th Code Enforcement Department neighborhood to deterp~ne what the audits should focus on l~dent~fy~ng Results of audltw~ll Issue 2 Ensure that infill-housmg be submitted to Code Enforcement development ~s consistent w~th the officers for follow-up action surrounding architectural character of the ~, Estabhsh a ne~ghborhood-w~de clean-up neighborhood program and create a property On vacant ~nfill lots, the neighborhood maintenance cooperatwe to promote the encourages building new single-family general maintenance of vacant lots and homes that are compatible w~th ex~st~ng homes m the wcm~ty All new ~nflll-houslng 21 Dema Small Area Plan should be compabble ~n terms of neighborhood People who have invested architectural style, materials, scale, and money and time in property generally are onentabon w~th ex~sbng homes in the dedicated to maintaining the value of their ~mmed~ate wc~mty ~nvestment Wh~le ~t remains ~mportant to prowde a vanety of housing options, RecommendedActmn homeownershlp creates a greater sense of >, Create a standing "Housing Rewew ~nvolvement and dedication in the Committee" of the Den~a Area neighborhood Commumty Group Dubes of the RecommendedActlon committee would ~nclude the following · Inventory potential sites for new ~ Estabhsh a renters association to housing and make site-specific d~ssemmate ~nformatlon for and provide recommendations for the appropriate assistance to neighborhood renters type of housing, ~, Maximize awareness of programs to · Develop criteria for newly constructed promote home ownership sponsored housing, relocated housing, and through the C~ty's Community major housing rehabd~tat~on projects Development Department, The Denton · Make cntena known to developers, Housing Authority, and other ~nvestors, and pubhc agencies that orgamzat~ons have e~ther decision-making authority > Consider sponsonng a homebuyer or resources avadable to assist ~nformabon seminar for neighborhood development residents Inwte lenders and mortgage · Work w~th potential developers early experts to provide adwce in the process PARKS AND RECREATION Issue 3 Neighborhood renter households ~n Issue 1 Acquire and develop add~bonal the C~ty of Denton do not have a place parkland for playground and open space where they can obtain assistance w~th tenant ~ssues, I~ke ~nadequate property expansion (non-athletic uses) of Den~a Park maintenance Currently, Denla Park ~s the only pubhc open Year 2000 estimates show that renters space within the neighborhood Den~a Park ~s 25 acres, of which roughly 3 acres is account for 52% of Den~a's resident dedicated to playgrounds, p~cmc facd~t~es, populabon In many cases, neighborhood and a mulb-use court Th~s figure excludes renters are at the mercy of absentee the recreation center If the adjacent school property owners and landlords who are not grounds are ~ncluded m the total open properly mamta~mng their properbes space/recreation land, the neighborhood Therefore, tenants must be knowledgeable (est populabon of 2,027) presently meets about their nghts as renters and the C~ty's adopted standards for owner/landlord responslbd~ty neighborhood and community parkland Renters should also be ~nformed about the However, Dema is the only park ~n the various homebuyer programs that are neighborhood Rather than acqulnng avadable An ~ncrease ~n homeownersh~p ~s add~bonal land to expand Den~a Park, ~t w~ll desirable ~n the Dema neighborhood be more advantageous to evenly d~stnbute because ~t helps to increase the stabdlty, park land/open space throughout the safety and general appearance of the neighborhood Presently, growth ~s slow in 22 Denla Small Area Plan the Den~a planning area However, vacant service from the Den~a neighborhood to the land to the west and south of Den~a Park w~ll LINK's central station downtown be the target of new development ~n the Recommended Actmn future Some of these lands are ~denbf~ed ~n the Denton Comprehensive Plan as ESAs > Prowde bus shelters w~th seating at (enwronmentally sensitive areas) and major stops in the neighborhood floodplain lands that present opportunities > Ensure bus stops are easily ws~ble from for preservation and recreational use as the road development occurs Strategies should be > Prowde route maps at pubhc use places developed to preserve these opportun~bes in the neighborhood, ~ e, Den~a Recreation Center and Borman Recommended A ctlon Elementary School ~, Explore opportun~bes for the acqu~s~bon ~ Den~a Area Community Group should and development of a small park closer appoint a representabve to serve as the to the middle of the ex~sbng neighborhood contact to the C~ty of neighborhood ~n order to ~mprove the Denton Transit System (LINK) Th~s d~stnbut~on of neighborhood park representative w~ll be responsible for facilities communmat~ng all transit related ~ssues to Den~a residents Issue 2 Acquire land south of Den~a Park for a green belt and neighborhood tra~l ECONOMIC DEVELOPMENT ISSUES system FUTURE DEVELOPMENT Recommended Action Issue 1 Develop an economm strategy to > Develop strategies to preserve targeted attract commercial, retail and off~ce ESAs and floodplain for use as open development along the Fort Worth Drive and space, neighborhood trails and pubhc 1-35 E corridors Neighborhood residents recreabon land, ~n accordance w~th the also ~denbf~ed Bonnie Brae and Roselawn adopted Denton Plan, Parks Master Plan Drive as areas where they would hke to see and Trads Plan objecbves future commercial and residential ~* Develop a neighborhood tra~l following development take place In their current the ex~st~ng drainage easement that runs state, Bonnie Brae and Roselawn Dnve or parallel to McCormick Street substandard local roads that are hm~t~ng > Den~a neighborhood work w~th the Parks factors ~n the recruitment of businesses and Recreation Department and considering locating ~n the area Drainage D~wslon to prepare a new Improvements to Bonnie Brae and Roselawn master plan for neighborhood parks and w~ll make the area more attracbve for future a neighborhood tra~l system development that upon ~mprovement PUBLIC TRANSPORTATION In order to preserve the future wtahty of the Issue 1 Maintain adequate bus servme to neighborhood, and the availability of services, ~t ~s advantageous for the the neighborhood neighborhood to encourage the attracbon The Den~a neighborhood ~s served by one and retenbon of local neighborhood based C~ty of Denton Transit System (LINK) bus commercial act~wty route LINK Route 8 provides roundtnp 23 Den~a Small Area Plan RecommendedAct~on · Environmental improvement such ~ Create an ~nventory of available s~tes for as nde-shanng, LINK shelters, compost~ng, tree planting, trail head commercial and office uses along Fort enhancements Worth Drive, 1-35 E and Bonnie Brae and ~' Identify s~ngle-fam~ly homebu~lders and Roselawn Drive upon their improvement invite them to consider the area for w~th contact names and other reformation to be used for referrals when development projects commercial/office developers are looking PLANNING AND DEVELOPMENT ISSUES for land > When detailed 2000 Census ~nformat~on LAND USE ~s available, use the data to create a Issue 1 Evaluate the ~mpact of future neighborhood demographms package as part of the marketing plan to attract development upon neighborhood commercial and office development infrastructure, public facilities and servmes delivery Issue 2 Develop economm development strategy to attract quahty s~ngle-fam~ly Future development should not negatively residential development ~mpact or overload neighborhood ~nfrastructure, public faclhbes, and C~ty Denla residents reahze that w~th the services dehvery capacities The Dema abundance of undeveloped land w~th~n the neighborhood desires to maintain neighborhood, future development ~s certain concurrency between new development and Throughout the planmng process, Dema the level of neighborhood ~nfrastructure, residents expressed their desire to attract faclhtles and services by 1) Performing quahty s~ngle-fam~ly residential development traffic generation studies for proposed to the neighborhood developments w~th neighborhood ~nput, 2) Addressing all negative traffic and c~rculatlon RecommendedAct~on problems/~mpacts before construction of > Attract quality single-family residential proposed development, and 3) Assessing development by ~mprowng neighborhood the proposed development's impact on aesthebcs and ~nteract~on Th~s can be facilities and servmes, ~ e, Borman accomplished by ubllzlng Neighborhood Elementary School, Den~a Recreation Empowerment Programs which prowdes Center, Den~a Park, etc matching grants for Recommended Action · Youth Improvements such as small play areas, basketball court/hoops ~, A Traffic Impact Analys~s ~s already · Neighborhood identity such as raqu~red for land developments that are s~gnage, entrance beautification expected to generate a threshold level of · Public art or amenity such as 1,000 tnps per day, or more, or are benches, sculptures, gardens expected to generate 100 tnps per peak · Traffic safety such as speed humps hour ~mpact as determined by the C~ty's or traffic calming amenities Eng~neenng Department Traffic Impact · Capital equipment purchases such Analys~s may also be performed for land as neighborhood bulletin boards, and developments that ~mpact a sensitive neighborhood p~cn~c areas area, ~ssue, or a known pubhc concern 24 Den~a Small Area Plan ~. Den~a Area Commumty Group request RecomrnendedAct~on Eng~neerin Department to perform traffic ~mpact analys~s for land developments ~. Development of an emergency that fall below the expected traffic evacuabon plan for the neighborhood ~s in process If evacuations are performed generabon threshold of 1,000 tnps per day or 1(~0 tnps per peak hour there must be adequate power supplies, bathroom facilities and food available ~ Dema Ama Community Group w~ll work w~th the Parks and Recreation · Hazardous Material Spills - Most Department and agencies ~ndependent of likely w~ll call for ~n-house protecbon ~nstead of evacuation the C~ty, ~e, Denton lSD to assess a proposed development's impact on · During Severe Weather - Den~a Recreation Center and Park Evacuation to Den~a Recreation capacity and Borman Elementary School Center, Borman Elementary School, capacity neighborhood churches and buildings > The Planning and Development w~th adequate fac~l~bes Department w~ll send a courtesy ~. Emergency s~rens are outdoor warning nobflcatlon to the Dema Area Community systems only The s~rens are not Group of any proposed development ~ntended to warn residents ins~de their w~thln the neighborhood boundary homes of oncoming danger Residents > Den~a Area Commumty Group should are encouraged to obtain a National establish a Development Monitoring Oceanic and Atmospheric Adm~nlstrabon Committee Th~s committee will be (NOAA) weather radio for their homes or responsible for updating residents on businesses Residents are also proposed development acbv~t~es so that encouraged to obtain scanners with the neighborhood w~ll beableto make an frequency 146 920 to hsten to the ~nformed decision about the SKYWARN network (Storm Spotters) development's compatibility w~th the when ~t ~s activated SKYWARN talks to neighborhood (the Housing Rewew the National Weather Service and has Committee may assume these the very latest weather ~nformatlon responsibilities) ~ Imt~ate a neighborhood emergency management workshop program The EMERGENCY'MANAGEMENT workshop program w~ll focus on the purpose of emergency management and Issue I Develop an emergency evacuation ~ts benefits to the community In the plan for the neighborhood workshops residents w~ll receive Denla residents expressed concerns about handouts and participate ~n not having a neighborhood evacuabon plan demonstrations on the use of Disaster ~n place forlemergenc~es In add~bon to an Supply K~ts, building safe rooms, and emergency evacuation plan, residents safety bps and facts for all emergencies expressed the need for stationary (non- INFRASTRUCTURE ISSUES rotating) emergency s~rens and ne~ghborho0d workshops on emergency TRAFFICAND CIRCULATION PATTERNS evacuation plan procedures L~sted below are various traffic concerns that have been ~dent~fled by the neighborhood For each ~ssue, one or more possible solutions have been ~dent~fled It ~s 25 Dema Small Area Plan understood that each ~ssue and possible solution w~ll need to be analyzed ~n greater Issue 2 Prevent automobiles from speeding detail by the C~ty's Englneenng Department, w~th~n the neighborhood both ~ndlwdually and m relationship to other Dnvers traveling at excessive speeds pose a potential ~mprovements, as well as to the serious danger to other drivers and traffic system as a whole pedestrians Unfortunately, many drivers Issue 1 Reinstall traffic light at Acme Street ~nclud~ng neighborhood residents operate and Fort Worth Drive their vehmles at speeds ~n excess of the lawful speed hm~t Specific problem areas The intersect~on of Acme and Fort Worth that have been ~dent~fled ~nclude McCorm~ck Drive is considered to be dangerous by between 1-35 E and W~llowwood, H~ghland many neighborhood residents With no Park, and W~llowwood between McCorm~ck traffic hght ~n place to regulate the flow of and Bonnie Brae traffic at the mtersecbon, accessing Fort Worth Drive from Acme Street ~s both bme- Recommended Actmn consuming and dangerous The C~ty has ~' Identify strategic locations for instalhng hm~ted options ~n resolwng th~s ~ssue Fort traffic calming devices such as speed Worth Drive (U S 377) ~s a state road that is humps, traffic circles, and stop s~gns regulated and maintained by the Texas > Post additional speed hmlt signs at Department of Transportation (TxDOT) The strategic locations throughout the traffic hght was removed to reduce the neighborhood dangerous acbon of dnvers trying to access >' Increase enforcement of speed hm~t Fort Worth Drive by maneuvenng their regulatlonswlth~nthe neighborhood vehicles through stacked vehicles travehng ~' Estabhsh a neighborhood-based program north and south TxDOT has the ultimate to educate residents about the authonty of deciding when and ~f traffic ~mportance of hononng speed hm~ts and volume at the Acme and Fort Worth Dnve controlled ~ntersecbons w~th~n the ~ntersect~on warrants a new traffic hght neighborhood RecommendedAct~on Issue 3 Idenbfy and remedy dangerous ~ W~den Fort Worth Dnve by adding ~ntersect~ons and street conditions w~th~n the additional north and south bound lanes neighborhood from the railroad trestle north to 1-35 E Although not representing the same > Re-stnpe Fort Worth Drive from the magmtude of danger as the ~ntersect~on at Acme Street intersection to 1-35 E so that Fort Worth Drive and Acme, other motorist can clearly ~dent~fy the ~ntersectlons within the neighborhood are ~ntersect~on and turning lanes potentially dangerous The Underwood and ~' Monitor traffic patterns at the Acme/Fort Avenue D ~ntersect~on ~s considered Worth Dnve mtersecbon to determine ~f a dangerous by neighborhood residents, traffic hght ~s warranted If the traffic because there are not enough stop signs study results ~nd~cate that a traffic hght ~s present to properly regulate the flow of traffm warranted, request TxDOT to reinstall a at the three-way ~ntersect~on The curve at traffic hght H~ghland Park and Underwood (by the pond) ~' Explore alternative solubons for ~s also considered hazardous by improwng traffic and safety conditions at neighborhood residents, especially when the Acme/FortWorth Dnvemtersect~on drivers try to negotiate the curve at 26 Denla Small Area Plan excessive speeds Other intersections and > Conduct an ~nventory of pavement streets considered dangerous include conditions w~th~n the neighborhood and Kendolph and W~llowwood, H~ghland Park repair or resurface as required and Laurel, 'Avenue D and 1-35 E Access > Establish better hnes of communication Road, and the stretch of Bonnie Brae from between the Engineering Department, A~rport Road toW~llowwood contractors, ubht~es and neighborhood residents ~n the scheduhng and Recommended Action coordination of street repair and > Perform a traffic study of the Underwood resurfac~ng project and Avenue D ~ntersect~on to ~dent~fy PEDESTRIAN CIRCULATIONANDSAFETY possible solutions for ~mprowng traffic and safety conditions at that location Issue 1 Increase pedestnan c~rculatlon and > Install all-way stop signs at the H~ghland safety to and from the neighborhood Park and Laurel Street ~ntersect~on > Install a flashing 20 MPH caution s~gnal The ne~ghborhood's pedestrian clrculabon to warn drivers of dangerous curve at system ~s very d~sjo~nted The pedestnan H~ghland Park and Underwood c~rculat~on system's lack of continuity ~s due > Eliminate blind ~ntersect~on at Kendolph to the deteriorating conditions of ex~stmg and W~llowwood s~dewalks and the general absence of > Perform study to see ~f H~ghland s~dewalks and crosswalks w~th~n the Park/Underwood curve can be neighborhood H~gh priority s~dewalk redesigned ~nstallat~on and repair projects ~dent~fled by > W~den and resurface Bonnie Brae from the neighborhood include Airport Rd to W~llowwood 1) Install s~dewalk on Bernard from > Develop alternatives for m~t~gat~on (~ e, W~llowwood to Parv~n, stop s~gns, traffic c~rcles, speed humps, 2) Install s~dewalk on H~ghland Park from etc ) as part of a comprehensive strategy W~llowwood to Underwood, for ~mprowng traffic safety m the 3) Install s~dewalk on Underwood and Avenue D, neighborhood 4) Install crosswalks at the Underwood Issue 4 Improve the condition of and Avenue D and Underwood and neighborhood streets Kendolph ~ntersect~ons The neighborhood has expressed the need Neighborhood residents ~dentlfled several for an interconnected s~dewalk system to streets ~n the neighborhood that need insure the safety of pedestrians, especially ~mprovemeqt and rasurfac~ng Specific children streets ~dent~fled ~nclude W~llowwood, H~ghland Park, and Bernard RecommendedActlon RecommendedActlon C~tyw~de s~dewalk ~nstallat~on and repair projects are funded through a m~scellaneous > W~llowwood ~s ~n the process of being s~dewalk fund S~dewalk projects are ~mproved The ~mprovement to ~dent~fled wa c~bzen ~nput, C~ty staff W~llowwood from Bernard to McCorm~ck mvest~gabon, and planning for projects I~ke ~s completed Improvements to schools, park, etc S~dewalk projects that W~lloww~od from McCorm~ck to Bonnie are ~denbfled are then presented to the Brae are scheduled to beg~n between the summer and fall of 2001 27 Dema Small Area Plan S~dewalk Oversight Committee for > Investigate standing water at Texaco consideration near the fire stabon to determine ~f storm sewer ~s clogged or Iow point exists ~n > Submit s~dewalk installat~on and repair the street project idenbfled above to the S~dewalk ~' Design ~s currently underway to enlarge Oversight Committee for funding the box culverts under Bonnie Brae, cons~derabon north of L~berty Chnst~an School, and to > Continually monitor and ~dent~fy possibly enlarge the drainage ditch on neighborhood s~dewalk ~mprovement the east s~de of Bonnie Brae Obtalmng pnont~es and ~mbate repairs as required drainage easements on the golf course (present to Sidewalk Oversight w~ll dictate the level of ditch Committee for consideration) Improvements > Develop a comprehensive strategy for > Coordinate w~th L~berty Christian School the ~mprovement of pedestrian traffic and to resolve drainage problems created by safety lnthene~ghborhood the school's recent grading of the DRAINAGE drainage d~tch and ~nstallabon of driveway culverts Issue 1 Ehmmate stormwater drainage deficiencies w~th~n the neighborhood PARKING The majority of drainage deficiencies Issue 1 Manage Parking on neighborhood ~denbhed by the neighborhood are due to streets for safety and appearance ~nadequate drainage features (e g, curb and Adequate off-street parking ~s not prowded gutter, storm sewers, or drainage channels ~n many locations within the neighborhood and ditches) Street and drainage The lack of off-street parking ~n th~s improvements to W~llowwood are currently ~n predom~nately s~ngle-fam~ly neighborhood ~s progress and should remedy all drainage a combination of poor design and changing deficiencies ~dent~hed along that stretch of t~mes Many of the older homes in the road Another major drainage problem ~s the neighborhood prowde off-street parking for McCorm~ck drainage channel Erosion of one, maybe two vehicles These homes the channel next to ~ts concrete bottom has were not designed to accommodate parking allowed grass and weeds to grow along the for today's two and three car households channel bed Growth of vegetation along Therefore, residents park their cars on the the channel bed has resulted ~n standing or street or m their front yards Where on- stagnant water which ~s an ~deal breeding street parking ~s ut~hzed, It ~s not done ground for mosquitoes Other drainage efficiently An effort should be made to problems identified include standing water maximize the efficiency of on-street parking around the Texaco gas station and flooding where ~t exists, and to ehm~nate pedestrian on Bonme Brae dunng heavy rains and automobile safety hazards Recommended Acbon Recommended Action > Redesign and reconstruct only the > Develop parking ordinance restnct~ng on- port~on of the McCorm~ck drainage street parking on Bernard Street to one channel that ~s earthen and add a drop s~de of the street Monday through Friday structure to reduce h~gh velocity water from 7am to 5pm flow that has caused the channel erosion 28 Den~a Small Area Plan > Stripe on-street parking ~n key areas to maintain orderly parking, as well as maximize parking use ~, Perform feas~bd~ty study for developing an ordinance to prohibit the parking of vehicles ~n front yards or find suitable alternative to front yard parking The Implementation Strategy Agenda on the following pages summarize, ~n table format, the ~ssues and recommended action steps idenbfled in the prewous section Additional informat~on ident~fy~ng who is responsible for ~mplement~ng the action steps, the relabve cost, funding source, and project ~mplementat~on t~mehne is also provided 29 Den~a Small Area Plan DENIA Neighborhood Parho )ahon and Actmn Issue 1 Identl~ organize and utlhze the knowledge skdl and energy of neighborhood residents Acbon Step Aggressively DACG $0 Notlppluobla Immedmtaly OAomng recruit neighborhood residents Coral BranllAy to join and partlcmpate bACG $0 Not Apphcoble Immedlelaly Ongomg Action Step Conduct CarolSron~lay assessment of community assets publish and d~strlbute assessment results and develop strategies for organlZir~g Indlwduals Physical Aesthetics ^ctmn Step EstabhshGood Neighbor Program to recogmze homes and/or properties 30 Dema Small Area Plan up trash and junk throughout the neighborhood ^chon Step Increase CodaEaforcemanl Staffhma GeneralFund Immad~alely Ongmng enforcement of ali City Dobbin Branham ordinances and regulations that Marie Partes healthy and aesthancally pleasing property maintenance Acbon Step Workwdh volunteers to setup Coda Enforcemanl Staff 1~me General Fund Immadlololy Ongomg neighborhood audit program of Dabble Branham Acbon Step Establish neighborhood w~de dean up program and cooperative to OACG $0 Not Apphcabla Immed~olely Ongoing of vacant lots and assist property owners who are unable Actmn Step Develop methods Cede Enforcement Staff T~me General Fend Immedmtely Ongomg to ~dentdy absentee proper~y Oebb~e Branham owners so they may be held Mmda Torres accountable for property DACG mamtenance and code Carol Branllay Building Inspochoas Acbon Step Explore the Grog Mitchell estabhshment of new Code Enforcement Staff T~ma General Fund Immedmlely Ongomg to be periodically respected and properly mmntam~d Housing ISSUq 1 Preserve and enhance the ne~ghborbood s ex,sang housing stock, ~;tlqP Step Adve~seand $10~ $1 5gOfer adverhsements promote the City s ex,sting Program costs vary COBG gaME, Denton County Immad*ate~y OngmnU (Until funds are no of participants Ctty of Denton General funds? pro~dmg asststance to property Currant budget owners for the rehabd~tabon of approximately housing $450,000 31 Dema Small Area Plan Issue 2 Ensure that ~nflll housing development ~s consistent w~th the surrounding arch~tecturaj character of the neighborhood Actmn Step Estabhsh Housing Renew Committee respens~ble DACG $0 Nol Appthabb Immediately Ongoing for Inventory of potential thfdl Carol grantley housing s~tes Developing criteria for new construction and major rehathhtatlon proJects and working w~th developers Issue 3 Neighborhood renter households do not have a place where they can obtain assistance with tenant issues hke inadequate property maintenance DACG $1 gO0 Io $2 PO0 in CDBG/HOk~E Immedlatety Disseminate Inthrmohon and Action Step £stabhsharentem information for and provide Barbara Ross November 2001 If sufOdenl renters June 2002 Acbon Step Maximize awarei3ess of programs to Cemmumty Oevelepmenl $500 $TgO~n staff gDBG/HO/RE Immediately Ongoing sponsored through the C~ty s program mformehon CommunOy Development Department the Denton Housing Authority and other Communlly Development $150 gar seminar Seminars prod through Immedmlely Ongo~flg (homebuyer lenders realtors ned bile Action Step Spenser home ass*slance) budget ,s companies buying mformaOon seminars for apprex $400 000 Ass,stance program uses neighborhood residents Inwte COeG and HOME fungs lenders and mortgage experts to prowde adwce 32 Denla Small Area Plan Parks anc Tssq~ l Acquire and develop additional parkland for playground and open space expanrdon (non athletic uses) of Actmn Step Acqu~reand PorksandRacraohon UptoSecres~ FuturaCDbGorhondfunds Oopendentonfaad~ng 2yaarsftomdataoffundmg develop land for smaql parks Ed Hod~ley $40 0~0 to 50 O00/acre Not yet programmed schedule avadablhtp closer to the m~ddle of the = $200 ~eO ex~st~ng netghborhood to neighborhood park faaldees Issue 2 ^cqu~re land south of Demo Park for a greenbelt and neighborhood trod system Action Step Develop strategies to prese~,~ targeted ESAs and floodplain for use as 9pen space neighborhood tratls and Parks and Recreatton $0 Not Apphcablo Wdhtn 6 monlhs of small area 6 months fram start date public recreation lanc~ in Ed ltedney plan approval accordance ~th the qdopted Denton Plan Parks i~ster Plan and Trads Plan ob~ec~ves Action Step Developa netghborhcod tratl follow~r~ the Parks and Recreahon $10 ~00 15 000 Futura COBG or bond funds Depending on lundmg 6 monlhs from start data ex,sting drainage easement that Ed Hadney schedule runs parallel to McCorm~ck Drainage Street Bela Hoelt[ag ActmnStep Workwdh~eParks , OACG $40$Operhnearioot FutureCgBGorbondfunds Depand*a§onfund*ng 18monthsfromstarlof and Recreabon and Drmnage Carol Braatley or $211,08e 264 ~00 schedule master planmng phase (see Departments to prepare a new Parks and 2ecreal~on per mils above) master plan for par~s and a Ed flodney neighborhood trail system 33 i Den~a Small Area Plan Pubhc Transportation Issue 1 ~lmntam adequate bus se~ce to the neighborhood stops in the neighborhood neighborhood contact to LINK Corot Brantley Future Development Issue 1 Developeconorn~c retail and office development along the Fort Worth Dr amd I 35E Corridors and Bonnie Brae ^ctmn Step Create~nventoryof Drive I 35 E and Bonme Brae to~ Shelten and Roselawn upon their and other ~nformabon to be used for referrals when developers are Iool~ng for land ^ctmn Step Us~ Census 2000 data to create a nmghperhood Econom~( Developmenl Staff hms General Fund January 2002 Aprd 2002 demographics package as part Lo. Sheflon of the rnarkebng plan to attract 34 Dema Small Area Plan Issue 2 DeveloI development strategy to attract quality s~ngle famdy residential development Acbon Step Altrad qualitysingle famdy residential develepment by ~aprowng ne~ghbori~ood aesthetics such as ride sharlng~ LINK 34 Dema Small Area Plan Land Use I~aa 1 Evaluate the impads o! lulure developmenl upon neighborhood ~nfrastructure pubh( 35 Denla Small Area Plan Emergency ;ment 36 Den~a Smalt Area Plan Traffic and Grculat~on Patterns Acme Street and Forl Worth Drive Acllon Stop Wfden Par~ Worlh Transporiahon Fransportalmn Engineering Iransportahon Engineering Drive by adding add~honal north and Texas gepartmenl of dngmeerlng staff wdl staff will consult wuh TxDOT staff will consult w~th TxDUT south bound tones from the radroad Transpor~ahon (TxOOl) consult wuh TxDOT and and Denton County to and Denton County Io Unknown al th~s time lrestle north to 1 35E Claude Elsom Denton County Io determine funding sources determine ImplementaDon Dr*va from the Acme Street Texas Department of EngenDering staff will staff wDI consult w~th TxDOT staff will consult wOh TxOOT Unknown at th~s time traffk Dght is warranled Ifthe Transpo~lahon Fnglnearmg traffic study fesulls indicate that a David Salmon trafficllght Is war[anted request Achon Step Explore ulternohve FransportaUon Cngmeer~ng Poss~bdity of ~n house C~ty of Denton operal~ng Fiscal year 2001 02 Sludy complete ~n hsca~ year solullonslor~mprowngtrufhcand Oawd Salmon study $20g0 $3Ce0 funds 20~1 02 Implementation speedmg wOhln the neghborhood Iocal~ons for mslalhng Iraffk calmmg Dowd Salmon $2500 a p~eco Other Denton speed hump policy specific Iocot~ons Identified hynumber d locations cKdes and stop signs Jerry Clink costly generally based on the immediately on funding magnDude ollhe speeding problem Funding ~s generaDy Action Step Post additional speed Franspo[tallon & Sdoty $1 gO per SiDe including General fund Depends an InvesUqatlve govembor 2001 Action Step Establish a neighborhood based program to DACG and conlrelled Intersections wUh~n 37 Den~a Small Area Plan $900,000 38 Denla Small Area Plan Pedestrian Qrculat~on and Safety circulation and safety eo and from s~dewalk mstallahon and repa*r prolects ~denllfled to the S~dewalk Oversight Committee for lundlng consideration hensportat~on Engmeermg Cos~ Est*mates are Capdal Improvement Program Dependant an funding Dependant on funding Drainage neighborhood 39 Den~a Small Area Plan Parking AchonStep Deve[epparklng DACG 80~ofproperty NotApphcable Immedmlely January2O02 ofthostreetMondaylhroughFri~ay JerryCIark $5000 Genera~Fund W~th~n6Odaysofparbmg March2002 SlephanleBerry Councd Admn Slap Perform feaslbglty Code Enforcement study for developing an ofdmaflc8 Dabble Branham Statl T~me Ganera~ Fund W~tbn 90 days of Plan Unknown to prohibit the parking d vehicles m Legal approval by Qty Councd fronl pards or hnd sudclble Sleplmme Berry altereal~ve Io front yard pa~k~ng 40 Dema Small Area Plan The followng pages contmn neighborhood design examples taken from the Denton Plan 1999- 2020 These broad examples of neighborhood design focus on ~nfill development, nemghborhood centers (new development), remdentmal dens~fles, connecbv~ty, and street secbons The examples ~n Appendix A are to be used as a basic point of reference when res~dentml development takes place ~n the Denm Neighborhood For more ~n depth guidelines about neighborhood design, refer to the Denton Plan 1999-2020 or contact the Planmng and Development Department Ap~nd~xA Deffa SmallAma Plan to the also fo the commur~ity m a whole Before Inflll development Is allowed, its compatibility with fh'e surroundlr~g neighborhoods will bo addressed Compatibility includes building shapes, styles, height and use Issues A-.1 Denla Small Area Plan CKy Main ,~ Design talned Alley, atNb transit Neighborhood Centers arm based on traditional neighborhood designs Sidewalks that lead to neighborhood.oriented facilities, free-lined streets, and slower In add~.? .and buses/ ~ neighborhood fralflc provide safe, accesirto compatible - ~-~ livable spaces neighborhood-oriented refall and services can be made available fo bicycles and pedestrians A-2 Denla Small Area Plan MuitI-Fqmlly Residential Densities ~, ~ main center~ tramit co~'ddors Pecan Place Retirement Aparlments fake only about 1/3rd of an acre but have a wo~able demity of 70 units to an acre In downtown Denton A recently.built four- A typical multi- plex In Denton These family apartment are 14 - 16 units per complex that has acre a density of about 21 unffs per acre Mixed. Use Development Mixing uses is nat a new ~ Victoria Idea, but is as old as Denton~ Square on Itseff Many Downtown Locust houses buildings support retail or residents, a offices on the ground floor restaurant and and apartments and offices some offices on the second floor This building on Bell Avenue mixes offices, retail and a convenience store ^-3 Denla Small Area Plan /egional$cale/m m~'llple~lbs shopping and ~ ~ mldlnces at ~lngl~, I)dr~ A-4 Denla Small Area Plan A*5 Denla Small Area Plan Primary and So~ondary A~te~ f A.6 Denla Small Area Plan "-°'"'" Pa~,ldng allowed on one ilde of .beet Remaining Access ~ 1~ Feel ClL ~ ~ Rem~nlng Access ~d~ 22 Feet w~ one car 1~ Feel ~1~ ~o car* 28F~ A-7 Denla Small Area Plan Appendix B De~a ~ Ama F~an Figure 4. Figure 5 B~I Denia Small Area Plan Figure 6 Figure 7. B-2 Denm Small Ama Plan Figure 8. Figure 9. B-3 Denm Small Area Plan Figure 10. Figure 11 B-4 Denia Small Area Plan F~gure t2 Figure 13 B-5 Denia Small Area Plan Figure 14 Figure 15 B-6 Denm Small Area Plan FILE REFERENCE FORM R2001-072 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. 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 RESOLUTION NO t{7~O/- 0~ 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 C~ty Council passed Resolution No 96-061 on October 15, 1996, whmh adopted an Investment Policy for Funds for the C~ty, in compliance w~th the Public Funds Investmerlt Act, 74th Leg, ch 402, 1995 Tex Sess Law Serv 2958 (Vernon) (TEX GOV'T CODE Ann Ch 2256), and WHEREAS, by Resolution No 97-026, passed by the City Council on June 10, 1997, the City's Investment Policy was amended, and WHEREAS, by Resolution No 97-077, passed by the C~ty Council on December 16, 1997, the ~lty's Investment Pohcy was amended, and WHEREAS, by Resolution No 98-067, passed by the C~ty Council on December 15, 1998, the City's Investment Pohcy was reviewed and adopted, and WHEREAS, by ResoluUon No 99-047, passed by the City Council on September 21, 1999, the City,s Investment Pohcy was amended, and W~IEREAS, by Resolution No 2000-065, passed by the City Council on December 19, 2000, the City's Investment Pohcy was amended, and WHEREAS, the City Council desires to rewew the Investment Policy for comphance to , th the Public Funds Investment Act, TEX GOV T CODE ch 2256, by the 76 Legislature, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SI~CTION 1 That the City Council has rewewed the attached City of Denton Investment Pohcy, which contmns the investment pohc~es and strategies and hereby adopts the attached Investment Policy with the recommended changes to the pohcy from the one adopted on December 19, 2000 SI~CTION 2 That the Assistant City Manager of Fiscal and Munm~pal Services ~s hereby designated as the chief financial officer for the City and the D~rector of F~scal Operations is herebyI designated as the City's investment officer to perform the functions required of her/lure iThe financial officer ~s hereby authorized to perform the functions required of her/him under the Ilnvestment Policy and ~n accordance with TEX GOV'T CODE ch 2256 SECTION 3 That all ordinances or parts of ordinances in force when the prowsions of this resolution became effective which are inconsistent or m conflict w~th the terms or provisions contained m th~s resolution are hereby repealed to the extent of any such conflict only The non- conflmtmg sections, sentences, paragraphs, and phrases shall remain in full force and effect SECTION 4 That save and except as amended hereby, all the promsions, sections, subsections, paragraphs, sentences, elanses, and phrases of Resolution No 96-061, Resolution No 97-026, Resolution No 97-077, Resolution No 98-067, Resolution No 99-047 and Resolution No 2000-065 shall remain In full force and effect SECTION 5 That th~s resolutaon shall become effective immedmtely upon its passage and approval PASSED AND APPROVED this the /~t day of ?((~g~(~ ,2001 ATTEST JENNIFER WALTERS, CITY SECRETARY AP~;ED A~S TO LE;A~;ORM HERBERT L PROUTY, CITY ATTORNEY Page 2 CITY OF DENTON rage loll4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIV3 DIRECTIVE SECTION FINANCE POLICIES REFERENCE NUMBER 403 06 SUBJECT iNVESTMENTS INITIAL EFFECTIVE DATE 02/17/87 LAST REVISION DATE TITLE iNVESTMENT POLICY 06/97 9/99 11/97 12/00 I PURPOSE This policy shall provtde the guidelines by which the City of Denton "City" will maintain the minimum amount of cash in its bank accounts to meet daily needs, and to provide protection for its pnnclpal and llqmdlty while receiwng the highest yield possible from ~nvest~ng all temporary excess cash This pohcy serves to satisfy the statutory reqmrements of defining and adopting a formal investment policy The policy and strategy shall be rewewed annually by the Investment Committee and City Council who will formally approve any modifications Th~s investment policy as approved, is in compliance with the provls~ons of the Pubhc 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 Th~s Investment Policy applies to the investment activities of the City of Denton, Texas The specific funds cited hereafter tn Section liB, shall be excluded from this Investment Policy [All financial assets of ali funds, including the General Fund and any other accounts of the City not specifically excluded m these policy gmdelmes 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 time-to-time, shall be administered in accordance wath the provisions of these policies 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 Thxs policy shall not govern funds, which are managed under separate investment programs in accordance with Sectton 2256 004 of the Act Such funds currently include, Employees' Retirement Fund of the City of Denton, the Flremen's and Policemen's Pension Funds of the City of Denton, other funds established by the C~ty for deferred employee compensation, revenue bond reserve funds, and certmn private donations The City shall and will maintain responsibility for these funds to the extent required by Federal and State Law, the City Charter, and donor stipulations III INVESTMENT OBJECTIVE & STRATEGY It is the policy of the "City" that, giving due regard to the safety and risk of ~nvestment, all available funds shall be invested in conformance with State and Federal Regulations, apphcable Bond Resolution requirements, adopted Investment Pohcy and adopted Investment Strategy Page 2 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE INVESTMENT POLICY P~FERENCE NUMBER 408 04 In accordance with the Public Funds Investment Act, the following prioritized object~ves (in order of importance in accordance w~th Section 2256 005(d) of the Act), apply for each of the C~ty's mvestment strategies A Smtablhty - Understanding the smtabdlty of the investment to the financial reqmrements of the Cxty Any investment eligible in the Investment Pohcy ~s statable for all City funds B Safety - Preservation and safety of principal All investments wlI1 be of high quahty securmes with no perceived default rlsk Market price fluctuations will however occur, by managing the weighted average days to maturity for each fund type as specified C Lzqm&ty - To enable the C~ty to meet operating requirements that m~ght be reasonably anticipated, the C~ty's investment portfolio will remain sufficiently liquid Llqmdlty shall be achieved by matching ~nvestment maturities with forecasted cash flow mqmrements and by investing m securities with active secondary markets Short-term ~nvestment pools and money market mutual funds prowde dally llqmd~ty and may be utlhzed as a competitive y~eld alternative to fixed mattmty investments D Marketabzhty - Secuntaes w~th active and efficient secondary markets are necessary in the event of an unanticipated cash requirement Historical market "spreads" between the bid and offer prices of a pa~cular security type of less than a quarter of a percentage point shall define an efficient secondary market E Dtverstficatton- Investment maturities shall be staggered throughout the budget cycle to provide cash flow based on the antlmpated needs of the C~ty Dlversifylng the appropriate maturity structure w~ll reduce market cycle risk F Yield- Attammg a competitive market yield for comparable security-types and portfoho restrictions are the desired objective The yield of an equally weighted, rolling slx-month treasury bill portfolio shall be the mmlmum yleld objeetlve or "benchmark" A secondary object,ye will be to obtam a y~eld 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 success m this area will be the attainment of enough mcome to offset inflationary increases Even though steps wall be taken to obtain this goal, the City's staff shall constantly be cognizant of the standard of care and the ~nvestment objectives pursuant to the promslons of the amended Act, Section 2256 006(a) The D~rector of Fiscal Operations shall avmd any transactions that might impair public confidence in the City's ablhty to govern effectively The govemmg body recognizes that in diversifying the portfoho, occasional measured losses due to market volatility are inevitable, and must be considered within the context of the overall portfoho's ~nvestmant return, provided that adequate dlversfficatlon has been implemented The prudence of the mvestmant decision shall be measured m accordance with the tests set forth in Section 2256 006(b) of the Act IV INVESTMENT STRATEGY FOR SPECIFIC FUND GROUPS Each major fund type has varymg cash flow mqmrements and hqmd~ty needs Therefore spemfic strategies shall be implemented consldermg the fund's umque reqmrements and the following shall Page 3 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 be considered separate investment strategies for each of the funds mentioned below The City's funds shall be analyzed and invested according to the following major fund types A Operatmg Funds - Investment strategies for operating funds and commingled pools containing operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity The secondary objective is to structure a portfolio, which will minimize volatility during economic cycles This may be accomplished by purehaslng high quality, short-term securities, which will compliment each other ~n a laddered maturity structure A dollar weighted average maturity of 365 days or less will be maintained and calculated by using the stated final maturity date of each securlty B Debt Service Funds - Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obhgat~on on the reqmred payment date Securities purchased shall not have a stated final maturity date, whmh exceeds the debt sermce payment date A dollar weighted average maturity of 550 days or less will be maintained and calculated by using the stated final maturity date of each security C Debt Service Reserve Funds - Investment strategies for debt service reserve emergency and contingency funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate fund from securities with a low degree of volatility Securities should be of high quality and, except as may be required by the bond ordinance specific to an individual issue, of short to intermediate-term maturities w~th stated final ma/unties not exceeding five (5) years Volatility shall be further controlled through the purchase of securities carrying the highest coupon available, within the desired maturity and quahty range, without paying a premium, if at all possible Such securities will tend to hold their value during economic cycles D Construction and Special Purpose Funds - Investment strategies for construction projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated project outlays The stated final maturity dates of secure,es held should not exceed the estimated project completion date A dollar weighted average maturity of 365 days or less will be maintained and calculated by using the stated final maturity of each security E Market prices for all public fund investments will be obtained and monitored through the use of Interactave Data Inc, an on-hne data service or a similar qualified successor agency V INVESTMENT COMMITTEE Members - There is hereby created an Investment Committee consisting of the City Manager, Assistant C~ty Manager of Finance, Director of Fiscal Operations, Mayor, and one member of the City Council Scope - The Investment Committee shall meet at least quarterly to determine general strategies and to monitor results Included in its dehberatlons will be such topics as economic outlook, portfolio Page 4 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE INVESTMENT POLICY REFERENCE NUMBER 408 04 diversification, maturity structure, potential risk to the City's funds, authorized brokers and dealers, and the target rate of return on the investment portfolio Procedures - The Investment Committee shall provide minutes of its meetings Any two members of the Investment Committee may request a special meeting, and four members shall constitute a quorum The Investment Committee shall estabhsh its own rules of p~ ocedures VI RESPONSIBILITY AND STANDARD OF CARE A Delegation & Training - The management responsibility for thc mvcstmant program is hereby delegated to the Assistant City Manager of Finance, who shall estabhsh written procedures for the operation of thc investment program, cOnSlStant w~th this investment policy Such procedures shall include exphclt delegation of authority to the individual(s) responsible for investment transactions The primary mdlwdual who shall be involved in investment activities will be thc D~rector of F~scal Operations Thc Cash & Debt Administrator will have a support role The Assistant City Manager of Finance and Director of Fiscal Operations are demgnated 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 thc City for the purposes of Section 2256 008 of the Act, shall attand at least one training session relating to their responsibility under the Act within 12 months aRer assuming duties These sessions and additional mvcstmant 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 rcsponslbdlt~es Thc training must include educaUon ~n mvestmant controls, security risks, strategy risks, market risks, and compliance wtth the Public Funds Investment Act The investment training session shall be provided by an independent source approved by the investment committee For purposes of this pohcy, an "independent source" from which investment training shall be obtained shall include a professional orgamzatlon, an institute of higher learning or any other sponsor other than a Business Orgamzat~on w~th whom the City of Denton may engage m an investment transaction Thus, these mdepandent sources will bc trmmng sesslons sponsored by Government Treasurers Orgamzatlon of Texas (GTOT), Umvers~ty of North Texas (UNT), Government Finance Officers Assoclatlun of Texas (GFOAT) No persons may engage in mvestmant transactions except as prowded under thc terms of th~s pohcy and thc procedures estabhshed by the Asmstant City Manager of Finance The Assistant City Manager of Finance shall be responsible for all transactions undertaken, and shall estabhsh a system of control to regulate the activities of the Director of Fiscal Operations The controls shall include a quarterly process of independent review by an individual or firm dcmgnated by the Assistant City Manager of Fmance, and an annual review by an external auditor Thc rewews will provide internal control by assuring comphancc with policies and procedures The Assistant C:ty Manager of Finance, Director of Fiscal Operations, Mayor, City Council, City Manager and other Finance employees shall be personally indemnified m the event of investment loss provided the Investment Policies and Guidelines arc followed B Conflicts of Interest - All participants in thc Investment process shall seek to act responsibly as c~todlans of pubhc assets Officers and employees involved m the investment process shall refrain from personal busmess actlvlty that could conflict w~th proper execution of the investment program, or which could impair their abthty to make impartial investment deeaslons Page 5 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE INVESTMENT POLICY REFERENCE NUMBER 408 04 C Disclosure - Anyone revolved m lnvestmg C~ty funds shall file with the Assistant City Manager of F~nance and the Investment Committee a staten~ent disclosing any personal business relationship and any materml financial interest zn a business orgamzatlon that handle City of Denton ~nvestments An investment officer has a personal business relationship w~th a business orgamzatlon If The investment officer owns 10% or more of the voting stock or shares of the business orgamzatlon or owns $5,000 or more of the fan market value of the business organization, 2 Funds received by the investment officer from the business orgamzat~on exceed 10% of the mvestment officers gross income for the prior year, or 3 The tnvestment officer has acqmred from the business orgamzatlon during the prior year investments with a book value of $2,500 or more for the personal account of the investment officer Any mvestment officer who ts related within the second degree by affinity or consangmmty as determined under the Tex Gov't Code Ann Ch 573 to an individual seehng to sell an investment to the C~ty shall file a statement disclosing that relationship with the City Council and the Texas Ethms Commission D Prudence - The standard of prudence to be used by the investment officials shall be the "Prudent 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 ctrcumstances then prevailing - whmh persons of prudence, dtscretlon and tntelhgence exermse m the management of their own affmrs, not for speculation, but for investment, constdenng 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 exerctsmg due diligence shall be relieved of personal responsibilities for an lndlwdual security's credit risk or market price change, provided devlatmns from expectattons are reported m a timely fashion and appropriate acUon is taken to control adverse developments E Reporttng Monthly - The D~rector of Fiscal Operations shall submtt monthly an investment report, to the Investment Committee, that summarizes recent market conditions, economic developments and ant~clpated investment condttlons The report shall summarize the investment strategies employed, describe the portfolio ~n terms of investment securities, maturmes, risk charactenstms and other features The report shall include total investment return to date and compare the return with budgetary expectations or projecttons Page 6 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE INVESTMENT POLICY REFERENCE NUMBER 408 04 Quarterly - The Director of F~scal Operations shall prepare and present to the Investment Committee and City Council a written report on the City's investment transactions for the preceding reporting period The report shall 1) describe in detail the investment position of the City as of the end of the reporting period, 2) prepared jmntly by all ~nvestment officers, 3) signed by each investment officer, 4) contain a summary statement of each pooled fund including a) beginning market value for the reporting period, b) additions and changes to the market value dunng the period, c) ending market value for thepertod, and d) fully accrued mterest for the reporting period The summary statement for each fund group must be prepared m comphance with Generally Accepted Accounting Pnnmples (GAAP) 5) State the book value and market value of each separately invested asset at the beginning and end of the reporting 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 comphance of the investment portfolio of the City as it relates to the investment strategy of the City and with relevant prowslons of the Tex Gov't Code ch 2256 Annually - Within mnety (90) days of the end of the F~scal Year, the Director of F~scal 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 improvements that might be made xn the investment program The City Council shall review and approve the investment policy and investment strategies at least annually and be documented by rule, order, ordinance or resolution which shall include any changes made Comphance Audlt - The City's external, independent auditor will conduct an annual review of the quarterly reports in conjunction w~th the annual financial audit The results of the audit will be reported to C~ty Counml upon receipt The audit will remew comphance w~th management control on investments and adherence to this policy F The guidelines of retaining records for seven years as recommended in the Texas State Ltbrary Mumclpal Records Manual should be followed The Director of Fiscal Operations shall oversee the filing and/or storing of investment records VII SUITABLE AND AUTHORIZED INVESTMENT SECURITIES A Active Portfolio Management - The City ~ntends to pursue an active versus a passive investment management philosophy That is, securities may be sold before they mature ff market condltlons present an oppormmty for the C~ty to benefit from the trade (Subsection E) Page 7 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE REFERENCE NUMBER INVESTMENT POLICY 408 04 B Authortzed Investments (Per HI~ 2459 and Secttons 2256 009 through 2256 O17 of the Act) - Assets of funds of the government of the City of Denton may be invested m 1 Obligations of the United States of America, its agencies and lnstmmentalmes (maturing in less than five (5) years, which have a liquid market with a readily determinable market value, 2 Investment - grade, direct obligations of the State of Texas (maturing in less than two (2) years), 3 Obligations of the States, agencies thereof, Counties, Cities, and other political subdivisions of any state having been rated as investment quality by a nationally recognized investment rating firm, and having received a rating of not less than "AA" or its equivalent (maturing in less than two (2) years), 4 Fully insured or collaterahzed Certificates of Deposit 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 Union Share Insurance Fund or its successor, secured by obligations described m 1 through 3 above, and that have a market value of not less than the pnnmpal amount of the certificates but excluding those mortgage backed securities as described m the Tex Gov't Code Sec 2256 009(b) (matunng in less than one (1) year), 5 Fully collatenzed direct repurchase agreements (whose underlying purchased securities consist of the foregoing) with a defined termination date secured by obligations of the United States or its agencies and instrumentalities pledged with a third party, selected and approved by the City through its Director of Fiscal Operations, other than an agency for the pledgor and deposited at the time the investment is made with the City Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or a bank domiciled in Texas Each issuer of repurchase agreements must sign a copy of the City'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 issuance and is rated A-1 or P-1 or an equivalent rating by at least two nationally, recognized rating agencies 7 a Public Fund Investment Pools with a weighted average maturity of 90 days or less The pool must be approved (by resolution) by the City Council to provide services to the City The pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service A pubhc funds investment pool created to function as a money market mutual fund must mark to market daily and, stabdlze at a $1 net asset value b To be eligible 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 Page 8 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE iNVESTMENT POLICY P~EFERENCE NUMBER 408 04 other authorized representative of the entity an offering circular or other s~m~lar dls¢Iosure instrument that contains, at a minimum, the following mformation (1) the types of investments in which money ~s allowed to be invested, (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 w~thin 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 ~ntent of the pooI ~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, (I1) the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating pohcles required for the entity to invest funds in and withdraw funds from the pool, and (12) the performance history of the pool, including yield, average dollar- weighted maturities, and expense ratios c To maintain ehgibfllty 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) mvestmem ~ransact~on confirmations, and (2) a monthly report that contains, at a minimum, the followmg mformat~on (A) the types and percentage breakdown of securities m 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 portfoho ~n investments that have stated maturities of more than one year, (D) the book value versus the market value of the pool's portfolio, using amortized cost valuation, (E) the size of the pool, (F) the number of participants In the pool, (G) the custodian bank that is safekeeping the assets of the pool, (H) a listing of daily transacUon acUwty of the entity particxpatmg ~n the pool, (I) the yield and expense ratio of the pool, (J) the portfoho managers of the pool, and (K) any changes or addenda to the offering c~rcular Page 9 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFEP~ENCE 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 in section B 1 and whose investment objectives ~ncludes the maintenance of a stable net asset value of $I for each share furthermore, it provides the C~ty with a prospectus and other Information reqmred by the SEC Act of 1934 or the Investment Adwsor Act of 1940 and which provides the City with a prospectus and other reformation 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 obligations which are authorized by the Act as approved by City Counc~I upon recommendation of the Investment Committee C Prohibited Investments - The City's authorized investment options are more restrictive than those allowed by State law Furthermore, this pohcy specifically prohibits investment in the following investment securities 1 Obhgat~ons whose payment represents the coupon payments on the outstanding prmc~pal balance of the underlying mortgage-backed security collateral and pays no pnnclpal 2 Obligations whose payment represents the pnnmpal stream of cash flow from the underlying mortgage-backed security collateral and bears no mterest 3 Collaterahzed mortgage obligations that have a stated final mammy date of greater than 10 years 4 Collaterahzed mortgage obligations the interest rate of whmh is determined by an index that adjusts opposite to the changes in a market index D Diversification - It is the policy of the City to diversify its ~nvestment portfolios The dlversfficat~on will protect interest income from the volatility of interest rates and the avoidance of undue concentration of assets in a specific maturity sector, therefore, portfolio maturities shall be staggered Securities shall also be selected and revised penodmally by the Investment Committee In establishing specific dlversfficat~on strategies, the two (2) following general policies and constraints shall apply 1 Risk of market price volatdity shall be controlled through maturity diversification and by controlling unacceptable maturity extensions and a mismatch of liabilities and assets The maturity extension will be controlled by hm~tlng the weighted average maturity of the entire portfolio to 550 days All long-term maturities will be intended to cover long-term habfllt~es In addition, five (5%) percent of the funds in the portfolio will be liquid at all times 2 The Investment Committee shall establish strategies and guidelines for the percentage of the total portfolio that may be invested ~n U S Treasury Securities, federal agency mstmmentaht~es, repurchase agreements, and msured/collaterhzed certificates of deposit and other securities or obligations The Investment Committee shall conduct a Page I0 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE INVESTMENT POLICY REFERENCE NUMBER 408 04 quarterly review of these guidelines, and shall evaluate the probability of market and default risk in various investment sectors as part of its considerations 3 Risk of pnnclpal loss in the portfoho as a whole shall be m~nlmized by diversifying investment types according to the followmg limitations Investment Type % o£ Port£oho · U S Treasury Notes/B~lls 100% · U S Agencies & Instrumentalities 100% · State of Texas Obligations & Agencies 15% · Local Government Investment Pools 50% · Local Government Obhgatmns (AA) 10% · Repurchase Agreements 25% · Certificates of Deposit 100% · U S Government Money Market Funds 50% · U S Treasury Notes & U S Agency Callables 35% 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 y~eld, reahgn for disbursement dates, extend or shorten maturity dates and Improve market sector dlversfficat~on Swaps may be initiated by brokers/dealers who are on the City's approved hst A horizon analysis is reqmred for each swap prowng benefit to the C~ty before the trade demslon is made, whmh will accompany the ~nvestment file for record keeping F All investments (governments or bank C D 's) will be solicited on a competitive basis with at least three (3) institutions The Investment Committee can approve exceptions on a case by case basra or on a general bas~s in the form of gmdehnes These guidelines shall take into conslderat~on the investment type maturity date, amount, and potential d~smpt~veness to the City's investment strategy The investment will be made with the broker/dealer offenng the best yleld/quahty to the City The quotes may be accepted orally, in writing, electronically, or any combination of these methods G Arbitrage - Due to the bond ~ssuance sizes of which the City incurs on a regular basis, arbitrage should be addressed The *tax Reform Act of 1986 provided hmltat~ons restricting the City's investing of tax~ exempt General Obligation Bond proceeds and debt service income New arbitrage rebate provlsaons require that the City compute earnings on ~nvestment from each issue of bonds on an annual basis to determine if a rebate is required To determine the City's arbitrage position, the City Is required to perform specific calculations relative to the actual yield Page 11 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE INVESTMENT POLICY REFERENCE NUMBER 408 04 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 prowslon states that periodically (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 earnings based on the City being ~n a positive arbitrage position The Tax Reform restrictions reqmre extreme premslon in the momtonng and recording facets of investments as a whole, and particularly as they relate to y~elds and computations so as to insure compliance Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance The C~ty's investment positron relative to the new arbitrage restnctmns is the continued pursmt of maximizing y~eld on applicable ~nvestments while lnsunng the safety of capital and liquidity It is a fiscally sound pos~t~on to continue maximization of yield and rebate excess eammgs, ~f necessary VIII SELECTION OF BANKS AND DEALERS A Depository - City Council shall, by ordinance, "select and designate one or more banking restitutions as the depository for the momes and funds of the City" in accordance w~th the requirement of Tex Loc Gov't Code ch 105 The bank shall be selected primarily on "solvency and stabdlty" and secondly, on rate of interest available The Director of F~scal Operatmns shall conduct a comprehensive review of prospective depositories credit charactenstms and finanmal history The bank shall be selected through a formalized b~ddlng process in response to the C~ty's request for proposal (RFP) outlining all services reqmred The Investment Committee shall have the d~scret~on to determine the time span for reblddlng the banking services contract, however, a two year period wxll be the m~mmum length of t~me between bidding with a 5 year maximum period Banks and savings and loans assoclat~ons seeking to estabhsh eligibility for the City's competitive certfficate of deposit purchase program, shall submit financml statements, exndence of Federal insurance and other information as reqmred by the Director of Fiscal Operatmns B Investment Brokers/Dealers - The Investment Committee shall be responsible for adopting the hst of brokers and dealers of government securities Their selection shall be among only primary government securities dealers that report directly to the New York Federal Reserve Bank, unless a comprehensive credit and capltahzatlon analysis reveals that other firms are adequately financed to conduct public business The Investment Committee shall base its evaluatxon of security dealers and financial institutions upon Financial conditions, strength and capability to fulfill commitments, 2Overall reputation w~th other dealers or investors, 3Regulatory status of the dealer, 4Background and expertise of the individual representatives Page 12 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 The Director of Fiscal Operations shall conduct business with securities dealers approved by the Investment Committee or with banks selected as outlined in VIII Furthermore, the committee must annually rewew this hst of qualified brokers authorized to engage m ~nvestment transactions with the City Investment Officers shall not conduct business with any firm with whom public entltms have sustained losses on investments or whose name the Investment Committee has removed from an approved list C Comphance - A qualified representative from any firm offering to engage in investment transactions with the City m required to sign a written instrument This certifies that they have received and reviewed a written copy of the City's Investment Policy The firm must acknowledge that it has ~mplemented reasonable procedures and controls ~n an effort to preclude ~nvestments between the City and the firm that are not authonzed by the City's investment pohcy Approved brokers and dealers must complete Exhibit A and return ~t to the Director of Fmcal Operations The City's investment officer(s) may not transact business from a person who has not dehvered the reqmred written instrument to the Caty D Davermficatlon - To guard against default possibilities under these conditions, and to assure d~versffiea~on of b~dders, business w~th any one ~ssuer, or investment broker, should be hm~ted to (40%) percent of the total portfolio at any point ~n time In this way, bankruptcy, receivership or legal action would not ~mmobfl~ze the City's abdlty to meet payroll or other expenses IX PRINCIPAL PROTECTION AND SAFEKEEPING A All banks' and savings and loan associations' deposits and investments of City funds shall be secured by pledged collateral with a market value equal to no less than 102 percent of thc pnnc~pal plus accrued mterest less an amount insured by FDIC or FSLIC Evidence of proper collaterahzatlon m the form of original safekeeping receipts held in thc mst~tutmn's trust department or at a third party institution not affiliated w~th thc bank or bank holding company will be maintained m the office of the Director of F~scal Operations all time Thc Assistant City Manager of Finance, Director of Fiscal Operations or other anthonzed City Representative will approve and release all pledged collateral Collateral wull be revmwed monthly to assure the market value of the securities pledged exceeds investments and/or the related bank balances The Committee shall request addmonal collateral in the event they deem that their deposits and investments are not sufficiently protected by the pledged collateral B Safekeeping procedures shall be established by the Investment Committee which clearly define steps for gaming access to the Collateral should the City determine that the C~ty's funds are m jeopardy Collateral safekeeping and substitution agreements will be a part of the procedure C Collateral Defined - The City of Denton shall accept only the following securmes as collateral Page 13 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE iNVESTMENT POLICY REFERENCE NUMBER 408 04 FDIC and FSLIC ~nsurance coverage 2Umted States Treasuries & Agenmes 3Other securities as approved by the Investment Committee D Dehvery vs Payment - All transactions w~ll be executed w~th authorized security dealers and financml institutions on a delivery-versus-payment (DVP) bas~s That ~s, funds shall not be w~red or pa~d until verification has been made that the Trustee received the collateral The collateral shall be held m the name of the City or held on behalf of the C~ty The Trustee's records shall assure the notation of the C~ty's ownershtp of or exphmt claim on the securities The original copy of all safekeeptng receipts shall be delivered to the C~ty Securities will be held by the C~ty's safekeeping agent, whtch shall be selected through a competitive process (RFP) or that agent's representative m New York C~ty, or m it's account at the Federal Reserve Bank E SubJect to Audit - Ail collateral shall be subject to lnspectmn and audit by the D~rector of Fiscal Operations, or designee, as well as, the City's independent auditors X MANAGEMENT AND INTERNAL CONTROLS The Dtreetor of F~scal Operations, or desxgnee, shall estabhsh a system of internal controls, which shall be reviewed by an independent audxtor The controls shall be destgned to prevent losses of pubhc funds arising from fraud, employee error, and misrepresentation by third part, es, unantmlpated changes in financml markets, or ~mprudent actions by employees or Investment Officers of the C~ty Controls and managerial emphas~s deemed most important that shall be employed include the following Imneratlve Controls Custodmn safekeeping receipts records management Avoidance of bearer-form securities Documentation of investment b~d&ng events Written confirmatton of telephone transactions Reconmlements and comparisons of security receipts w~th the ~nvestment subsldmry records Comphance w~th investment pohc~es Verification of all interest income and security purchase and sell computations Page 14 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE INVESTMENT POLICY REFEI~ENCE NUMBER 408 04 Controls Where Practmal Control of Collusion Separation of duties Separation of transaction authority from Accounting and Record-keeping Clear delegation of authority Accurate and t~mely reports Vahdat~on of investment maturity decisions w~th supporting cash flow data Adequate trmmng and development of Investment Officmls Rewew of financml conditions of all brokers, dealers, and depository mst~tut~ons Staying tnformed about market conditions, changes and trends that reqmre adjustments m investment strategies RESOLUTION NO ,~00/- 0 ~ A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE RETAINED EARNINGS OF THE ELECTRIC FUND WITH REVENUE BONDS SO THAT PROJECTS APPROVED IN THE 2001-2002 CAPITAL IMPROVEMENT BUDGET MAY BE COMMENCED, AND PROVIDING AN EFFECTIVE DATE (PROJECT- $I,000,000 FOR ELECTRIC DISTRIBUTION PROJECTS AND $4,338,000 FOR ELECTRIC SUBSTATION PROJECTS) WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political subdivision of the State of Texas, and WHEREAS, the issuer expects to pay expenditures in connection with the design, planmng, and construction for City improvements which were previously approved in the 2001- 2002 CIP Budget as electric distribution and substation projects and are more fully described in Attachment "A" (the "Project"), and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1 150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Project, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Issuer reasonably expects to incur debt, as one or more series of obligations, w~th an aggregate maximum pnnclpal mount equal to $5,338,000 ($4,338,000 for electric substation projects and $1,000,000 for electric distribution projects) for the purpose of paying the costs of the Projects, as set forth m the attached Attachment "A" which is made a part oftlus resolution for all purposes SECTION 2 All costs to be reimbursed will be for design and capital improvement expenditures No tax-exempt obligations will be issued by the Issuer In furtherance of this resolution aft~r a date which is later than 18 months after the later of (1) the date the expenchtures ~e paid, or (2) the date on which the property, with respect to which such expenditures ~ ce made, is placed in service All amounts expended from the Retained Earmngs for the Proje( ts to pay any costs of the Projects shall be reimbursed from Revenue Bond proceeds wlth~ a the 2001-2002 fiscal year SECTI DN 3 The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to th s resolution more than three years after the date any expenditure which is to be reimbursed is ~md SECT DN 4 This resolution shall become effective immediately upon its passage and approval ' EIjLINE"-B RO ~,'I{,IA~}R ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY Page 2 ATTACHMENT A Electric Distribution Projects $1,000,000 00 Electric Substation Projects $4,338,000 00 TOTAL $5,338,000 00 Page 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROViNG THE PROPOSAL OF THE DENTON CENTRAL APPRAISAL DISTRICT TO CONSTRUCT AN ADDITION TO ITS FACILITY OUT OF CURRENT FUNDS, PROVIDiNG THAT THIS RESOLUTION SHALL CREATE NO FINANCIAL OBLIGATIONS ON THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Denton Central Appraisal Dmtrlct (District) dehvered to the C~ty of Denton a resolutxon by the Board of D~rectors of the D,stnct, a copy of whmh ~s attached to and incorporated mth, s resolutxon, proposing to construct an addition to 1ts facilities located at 3911 Morse, Denton, Texas, w~th an approximate size of 3,840 square feet, w~th one-half of smd addition to be fimshed out xmmedmtely and the other half to be fimshed out as the need arises at a future date, and WHEREAS, the Dmtnct has represented to the C~ty Council that ~t has sufficient avmlable funds to pay for thru project and that ~t does not xntend to borrow funds to pay for the constructlon of the project, and WHEREAS, Section 6 051(b) of the Tax Code reqmres the Dmtrlct to obtmn the approval of the constmctxon or renovation of any bmldlng or other ~mprovement by the D~stnct from the governing bodies of three-fourths of the taxing umts entitled to vote on the appointment of board members, and WHEREAS, the estimated xmtml cost of $378,357 would be prod by the Dxstnct from funds on hand xn the D~stnct, and WHEREAS, the C~ty Council of the City of Denton finds and declares that the pubhc mterest of the Cxty of Denton would be served by approwng said proposal, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES St~CTION 1 That the proposal of the Denton Central Apprmsal Dmtnct to construct an add~txon of approximately 3,840 square feet to ex~stmg faclhtxas and to pay the ~mtxal cost of same out of current funds of the D~stnct as xnd~cated ~n the attached resolutxon ~s hereby approved SECTION 2 That the approval ofth~s resolution shall create no financial obhgatlons on the part 6f the C~ty of Denton to fund or obhgate ~tself to contribute to the funding of the construction of these additional Denton Central Appraisal D~stnct faclht~es SECTION 3 That th~s ordinance shall become effective ~mmedmtely upon ~ts passage and approval E-U L I NE-B R O (~,~ M AIi~R ATTEST JENNIFER WALTERS, CITY SECRETARY Al)PI OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 D~C-B4-~:~i 16.5~ FRGM:[~NTON CAD 940-387-48~4 TO 94B349859S P 885'888 !~OLuTiON TQ, ACO. UIR~ ADDITIONJ~L QFI~IC'~ ~R~S, DenOn C~ Apprms~ D~s~lct h~ ~cn~ced rap,d ~o~h m ~e n~bcr, v~ue ~d compl~ of ~e prope~es and accoun~ w~m ~e ]u~s~c~on of ~ D~s~ct, ~d WHEREAS, ~e Bo~d of D~cctors of D~ton Cen~ Apprmsal Dtsmc~ finds ~d declass that ~e ~mlt fac~lUes of ~e D~s~c~ located at 8911 Morse, Denton, T~s, =c m~equate w cff~Y ~e~ se~e ~he c~t needs ~d ~r an~pated ~ow~ D~s=~cq ~d WHER~$, ~e D~s~ct ~ rc~ed ~d considered avm~b]c opuons for mec~S ~e needs of ~e ~n~ ~ts se~cd by ~e Dismct m an economic~ ~d e~cnt m~er, ~d ~EREAS, ~e op~ons ~nmdered ~d ~e~ mdudc thc 'O cons~c2 n of a p~U~ly ~ompleted sep~te bmld~ ad~Uon ~ished at a lat~ da~; leasms ~ space m scpara~ locaaons, r~ovanon ~d convermo~ of an ~s~ storage b~ m~ o~ce space ~ %he ~chase o~ a mo~]~ ~[~S ~ be =ected on Dis~ct ~S, ~er due ~nmd~on ~e ~o~d finds ~d decl~s ~at ~e bee~ opUon av~lable for ~c effic~en~ ~d econo~ pe~oi~a~ce of ~c DMSO% du~es m to ~ns~ct a 3,840 sq~rc foo~ ~dt~on ~o thc c~ent s~c~, of w~ch 1,920 sq~c feet compl~t=d ~d ~shed out as ~e need ~scs a~ a fu~e date; ~d WH~AS~ ~e Bo~d finds ~tt ~e ~UC~pa~d ~sl of cons~c~on ~d f~s~ ou~ ~ ~378,357 00, sub~ ~ a compeUUve biddh=~ p~cess, wl~ ~ ~nst~c~on cos~ to be prod ~om cash on NOW, T~E~FORE, BE IT ~SOL~D BY ~ BO~ OF DIRE~ORS OF DEaN CE~ ~P~S~ DISTRI~ ~at Distncl rake ~l steps n~cess~ ~ cons~ct smd ~d~on, ~d ~at any ~n~ ~ere~orc b= a~d=d by ~mpa~Uve b~dc~ ~ ~qu~d by B~ IT ~HER ~SOL~D ~at ~c C~ef Apprms~ noU~ prcmd~ offcer of each tove~ body of a ~n~ ~t ~nU~=d on ~e approv~ of ~s propos~ by dchw~E a co~ of ~s resoluUon ~ach such officer, ~on~ ~ ~o~a~on sho~n~ the costs of ~v~able altema~ves to ~m proposal ~d ~SOL~0N PAOE 1 BE IT FURTFIER RESOLVED that thc Board of D~rectors of Denton Cen~ Appr~s~ D[smct mque~s ~t each of ~e gove~g bo~es of the' t~g unlts ~ ~c D~m~ ~PRO~ ~d ~n$ ~ appropnate_ . - ~ (~0) a~ys of ~ceipt of ~s propose, '~d~ of~001' p~S~D ~ ~O~D THIS ~ D~NTON C~NT~ APP~A~ DIST~CT BO~ OF DI~CTO~S A~EST RESOLUTION PAOE 2 RESOLUTION NO ~9~0/-07~ A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROViNG THE ELIGIBILITY OF THE STRUCTURE LOCATED AT 525 S LOCUST, DENTON, TEXAS FOR TAX EXEMPTION FOR HISTORICALLY SIGNIFICANT SITES PURSUANT TO CHAPTER I0, 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 City has a policy to grant a pamal tax exemption for h~stoncally s~gnlfiCant sites as established by Chapter 10 "Finance and Taxation", Article VII of the Code of Ordinances of the C2y of Denton, Texas, and WHEREAS, the property located at 525 S Locust, Denton, Texas meets the reqmrements of a historically slgmficant s~te since ~t is a commercial or residential structure, 50 years old or older, and is w~thln the boundaries of the Downtown Commercial District as defined in Sec 10- 131 of the Code of Ordinances of the City of Denton, Texas, and WHEREAS, the owner has met all reqmrements for ehg~blhty for the tax exemption, and WHEREAS, the H~stoncal Landmark Commission has unanimously recommended the approval of the exemption at its meeting of September 10, 2001, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SI~CTION 1 That the structure located at 525 S Locust, Denton, Texas has met all the mqmrements of Chapter 10, Article VII of the Code of Ordinances of the C~ty of Denton, Texas as amended by Ordinance 98-116 and is eligible for the tax exemption for historically significant saes SECTION 2 That the City Manager is hereby authorized to execute a tax exemptton certfficate upon verification of completion of repairs and renovation for the property located at 525 S Locust, Denton, Texas SECTION 3 The exemption shall only apply to the historic structure and the land reasonably necessary for access to, and use thereof, by abating any increase in the assessed value for ad valorem tax purposes m excess of the assessed value of the property for the tax year ~mmedmtely prior to the renovation, for a period of ten years following the completion of the renovation SECTION 4 That this resolution shall become effective ~mmedmtely upon its passage and approval INE BRO~,Z~;MA~}R ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY) CITY ATTORNEY S \Our Docu~nents~,Resolutlons\01\Roman Forest Resolution doc RESOLUTION NO A RESOLUTION TO APPROVE CERTAIN MATTERS AS REQUIRED BY SECTION 147(f) OF THE INTERNAL REVENUE CODE IN CONNECTION WITH THE ISSUANCE OF TAX- EXEMPT OBLIGATIONS BY THE ROMAN FOREST HIGHER EDUCATION FACILITIES CORPORATION FOR THE BENEFIT OF CATHOLIC DIOCESE OF FORT WORTH, AND PROVIDING AN EFFECTIVE DATE WHEREAS, ROMAN FOREST HIGHER EDUCATION FACILITIES CORPORATION (the "Borrower"), in connection with a tax-exempt financing in the maximum pnnclpal amount of $11,007,520 00, has requested the approval of the Financing (as further described below) and the Project (as defined below), and WHEREAS, the Financing consists of a Loan Agreement between the Borrower and the Roman Forest Higher Education Facfl~ties Corporation (the "Corporation"), and a Lender Loan Agreement between the Corporation and Bank of America, N A (the "Bank") through winch agreements (collectively, the "Fmanczng") the Bank will provide funds to the Corporation, winch in turn will loan those funds to the Borrower, and WHEREAS, the proceeds of the loan made to the Borrower pursuant to the Financing will be used by the Borrower to finance or refinance the acquisition and construction of certmn education facilities located at Immaculate Conception School, 2031 Bonnie Brae, Denton, Texas 76201 estimated to cost $4,954,018 00, and closing costs of the Financing (collectively, the "ProJect") and other faclhtles located in Keller, Texas and North Richland Hills, Texas, and WHEREAS, in accordance with certain provisions of the Internal Revenue Code of 1986, as amended (the "Code"), notice of a public heanng (attached hereto) was published in The Fort Worth Star-Telegram, and The Denton Record Chrontcle on December 13, 2001, which notice provided that members of the public were invited to a heanng to be held in the Resource Room, Administration Building, 7401 Glenvlew Drive, Fort Worth, Texas 76180 ("Heartng Ctty"), on December 27, 2001 at 10 00 a m, in connection with the Financing and the Project, and WHEREAS, a public heanng will be held in the Heanng City on December 27, 2001, by the heanng officer, and WHEREAS, it is necessary for the City Council, as the elected legislative body of the City of Denton, Texas ("Czty") or the Mayor, to approve the Financing and the Project solely for the purpose of satisfying the requirements of section 147(0 of the Code, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES Section 1 The Mayor of the City is hereby authorized to execute and deliver the approval of the lughest elected official of the City (attached hereto) after the public heanng is held, provided that such approval shall be solely for the purposes of section 147(0 of the Code, and the City shall not have any responsibility or liability for the Financing or the Project Sectxon 2 Further, it is recognized by the C~ty that the instruments which authorize the issuance of bonds, notes, or obligations by the Corporation will specifically state that the City is not obligated to pay the pnnmpal of or interest on the bonds, notes, or obhgatlons proposed to be issued by the Corporation Nothing m this resolution shall be construed as an lndmatlon by the City that will pay or prowde for the payment of any obhgatmns of the smd Corporation whether theretofore or hereafter recurred, and m this connection, attention is called to the Constitution of the State of Texas, where~n ~t is prowded that a city may recur no indebtedness w~thout hawng made prowslons for its payment, and the City Council of the City hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Corporation Section 3 This Rasolut~on shall become effective ~mmedlately upon its passage PASSED AND APPROVED this the /~~k/'~ day of ~/'~ , 2001 EULINE BROOK,~MAY~)R " ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CI. aTY ATTORNEY BY ~f.~-" NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Roman Forest Higher Education Facilities Corporation (the "Corporation"), a nonprofit corporation created by the City of Roman Forest, Texas pursuant to Chapter 53 of the Texas Education Code, will hold a public heanng on December 27, 2001, commencing at 10 00 a m, m the Resource Room, Administration Building, 7401 Glenvlew Drive, Fort Worth, Texas 76180, to provide an opportunity for all interested persons to be heard with respect to the consent and approval of the Cities of(a) North Richland Hills, Texas, (b) Keller, Texas and (c) Denton, Texas of the proposed loan under a Loan Agreement by and between the Corporation and Catholic Diocese of Forth Worth (the "Borrower") and a simultaneous loan to be made to the Corporation by Bank of America, N A (the "Loans") The Loans are being made for the purpose of financing and/or refinancing the cost of acqmrlng, constructing, renovating, and equipping education faclhtles, and facilities incidental, subordinate, or related thereto or appropriate m connection therewith, including (a) an approximate 12,734 square foot 1-story middle school building, including classrooms, media center, and multipurpose room, all located at St John The Apostle School, 7401 Glenvlew Drive, Fort Worth, Texas 76180 estimated to cost $1,639,502 00, (b) an approximate 39,273 square foot 2-story elementary school building, Including classrooms, media center, science room, administrative offices, workrooms, and conference rooms, all located at St Elizabeth Ann Seton School, 2016 Willis Lane, Keller, Texas 76248 estimated to cost $4,414,000 00, and (c) an approximate 37,308 square foot 1-story elementary school hnlldmg, including classrooms, media center, science/art room, music room, computer room, physical education facilities, admmlstratlve offices, workrooms, and conference rooms, all located at Immaculate Conception School, 2031 Bonnie Brae, Denton, Texas 76201 estimated to cost $4,954,018 00, and paying certmn expenses in connection with the issuance of the Loans (collectively, the "Project") The ProJect is, or will be, owned by the Borrower The maximum amount of the costs of the ProJect to be financed with proceeds of the Loans is $11,007,520 00 The Loans are not payable out of taxes and are secured by and payable solely from funds provided by the Borrower All interested persons are lnvlted to attend the hearing to express their views, both orally and m writing, with respect to the Loans and the ProJect Any interested persons unable to attend the heanng may submit their views in writing to the President of the Board of Directors of the Corporation e/o Wmstead Sechrest & Mlmek P C, Attn Todd Brewer, 910 Travls Street, Suite 2400, Houston, Texas 77002, prior to the date scheduled for the heanng APPROVAL OF HIGHEST ELECTED OFFICIAL OF THE CITY OF DENTON WHEREAS, Catholic D~ocese of Fort Worth (the "Borrower"), in connection w~th a tax-exempt financing m the maximum pnnclpal amount of $11,007,520 00, has requested the approval 0fthe Finanmng (as defined below) and the Project (as defined below), and WHEREAS, the Financing consists of a Loan Agreement between the Borrower and the Roman Forest Higher Education Facilities Corporation (the "Corporatton"), and a Lender Loan Agreement between the Corporation and Bank of America, N A (the "Bank") through which loan agreements (the "Fznanctng") the Bank will provide funds to the Corporation, wtuch m mm will loan these funds to the Borrower for the purpose of acqumng, constructing, renovating, and equipping certain education facilities located at Immaculate Conception School, 2031 Bonme Brae, Denton, Texas 76201 estimated to cost $4,954,018 00, and closing costs of the Fmancmg (collectively, the "Project") and other facilities located m Keller, Texas and North Richland Hills, Texas, and WHEREAS, In accordance w~th certain prows~ons of the Internal Revenue Code of 1986, as amended (the "Code") as described below, notice of a pubhc hearing was pubhshed in "The Fort Worth Star-Telegram," and "The Denton Record Chromcle " on December 13, 2001, which not,ce provided that members of the public were invited to a heanng to be held In the Resource Room, Admlmstmtlon BuIldmg, 7401 Glenview Drive, Fort Worth, Texas 76180, In connection with the Financing and the Project, and WHEREAS, a pubhc heanng was held on December 27, 2001, by the heanng officer, and WHEREAS, it is necessary for the undersigned, as the h~ghest elected official of the City of Denton, Texas (the "City"), to approve the F~nanclng and the ProJect solely for the purpose of satisfying, the requirements of sectmn 147(0 of the Code, NOW, THEREFORE, the undersigned Mayor of the C~ty, acting solely in h~s/her official capacity and on behalf of the City, hereby approves the F~nancIng for the Borrower, and further approves the ProJect, provided that such approvals shall be solely for the purposes of section 147(f) of the Code, and neither the C~ty nor the Mayor shall have any respons~bdlty or habihty for the Fmanmng or the ProJect Fttrther, it ~s recogmzed by the C~ty that the ~nstmments which authorize the ~ssuance of bonds, notes, or obhgat~ons by the Corporation will spemfically state that the C~ty ~s not obhgated to pay the pnneipal of or ~nterest on the bonds, notes, or obligations proposed to be msued by the Corporation Nothing ~n thru approval shall be construed as an ~ndmat~on by the C~ty that it will pay or provide for the payment of any obligations of the smd Corporation whether theretofore or hereafter incurred, and in this connection, attention IS called to the Constitution of the State of Texas, wherein it is promded that a city may recur no ~ndebtedness w~thout hawng made provisions for ItS payment, land the C~ty Council of the City hereby specffically refuses to set aside any present or future funds, assets or money for the payment of any ~ndebtedness or obhgatton of the Corporation 1N WITNESS WHEREOF, I have set my hand this December/~, 2001 CITY OF DENTON, TEXAS Euhne B~ock, M~dr _~1- ,y ... "'. WEST OAK STREET EXHIBIT SHOWING PROPOSED TOWER SITE PARIln' moteT DJ:SCRIP27ON DøcIr1ption lor a tract 01 laDd JD tI1e B. Puo.haJald SurnIT, .D.Itraot No. HB, Denton County, reus, lHtJq the 4th 2h1ot of laDd duorlbecl JD the deed to Loftl- I'am.f.I.T UmJted PartDeøI1fp, LTD., ntOOrded JD 1Jle No. 9'l-ROOO49:U, Denton Count,., rau, lHtJq turther d8lJO.1'fbed b,. meta aDd boundIJ IUI loUowrr. . Be.IIfD.D.fu at a ð/8- rebar .rod found (oontrol monument) JD tile 8OUtII JIø.e of 1r. Oak Street lor tile DOrtheut OQI'Der 01 .safd 4th - ftoact aDd the DorthW88t eo.mer 01 tlJe 6th 2h1ot 01 laDd duorlbecl JD tile deed to LoYel- FamIl,. UmJted PariDe.ndúp, L'lD., ntOOrded JD me No. e7-ROOO49S4, DateD Cowlt,., rau, wJúoh Ji- 1r- (bae IHNuiDa' JHIl' deed ntOOrded JD ftIe No. e7-R00049S4, DentoD County, rau), alODll 88ld IIOUtlJ liDe of1r. Oak Stnet trI.48 feet (deedmtJ7.50') Irom aD X lound JD OODCI'ete (CODtroI monWDeDt) be1D,f u,. DOrtheut OQI'Der of 88Id 6th 2h1ot aDd the DorthW88t 0QI'D8I' of ftoact J of tlJe L Boyd Rfcf8enT Addition: \ : ¡ ftJeuoe 8.00'00'1.S"&, 1.50.0 leet alODll tile OQIIUDOD 1IDe betweeD .~d 4tlJ aDd ðth !Not to a poIDt J.a tlJe DOrth liDe 01 tlJe 1.ft 2h1ot 01 laDd .reoo.rded JD tile deed to IJII1d Loftl- I'amIl.Y Umfted PariD8I'8l1fp, UD., lor the lIOutheut OQI'Der of IJII1d 4t11 !Not; ftJeDC8 S.8tI'ð9'4B"r., 88.0 feet alOlJ6 the lIOutli lIDe of II8fd 4th :!Not aDd tile Dorth JIø.e of IJII1d 1.ft !Not, at 4.87 feet patIIIfq tile Dorthwat 0QI'D8I' of A1d 1.ft 2h1ot aDd tile DorthNilt 0QI'D8I' of tI1e 3M !Not of laDd reoorded JD tI1e deed to 88ld Limtleø FamIly Umfted PartDershIp, UD., CODt1DuJD,r a1ØlJ6 i tile eomJDon 1IDe betweeD tile 4t11 ftoact aDd tlJe 3M f.raot, J.a all, 8ð.0 leet to a po.fDt lor the lIOutlJwat 0QI'D8I' 01 aid 4th !Not aDd tlJe IIOUtheut OQI'Der of tlJe 8th !Not ntOOrded JD tlJe deed to the LoYel- ramfI.Y UmJted PertD8I'IIIbfp, LfD,; i ftJeD08 N.OO'OO'JS"Ir., 180.0 feet aloD,f tile common .llDe betw8eD ;88Id 4th !Not aDd IJII1d 8th 2h1ot to a poJDt JD the IIOUth lIDe 01 1røt Oak Street lor tlJe Dorthwat comer 01 IJII1d 4th ftoact aDd tile Dortheut comer of AId 8tlJ 2h1ct; : ftJeD08 N.8tI'ð9'4t4"1:., 8ð.0 teet alOD,f IJII1d lIOath lIDe ot rest Oak Street aDd tII. Dorth 1IDe 01 IJII1d 4th f.raot to th. poJDt of be,;JD.a.fø.r aDd oontalDfD,f 1.3, '1ðO .quare leet of laDcI, mo", or I_, or 0.38 acru, more or 1_. ',r" (~~I~,\!¡:;:O!./<:)M};""[r.' ""f T" d ..". I '. dd. . ,.(,,(., LOVELBSS FAJlILY I 'D PARTNERSHIP, Lnt- I FILE No. 97-ROOO4934, I DENTON COUNTY, TEXAS I ~ I ~\ I æ I B,t:' I I I P~.wI~'I¡V(J -"'/ACtS '. ~;fr~:;¡"1!f~ n;N";ji"i;¡¡~¡:j O!J!,If'STfj ",; . ,.,-.- r;mA~jJ " 'è!;i>JN PD'CF "- PROPOSED LEASE AREA ,,/ AWN::> !'rw,~Era~ UN" SEE J)~¿~R "Qtf?;~:~Ji~~;-~!;:~~()'¡ .-, gtl a !I'~ 111~8 ~Þ;:@~ Slml ¡¡('.I """(ÞW M£1":r¡ BRWK J3[)YWING S(.Il.w,r Fi:¿]"Z"jO5;'" ((tVI: ,1C:j.7i::;;""¡"¡ gl gl :2; SQUARE: FOOTAGE: OF SQUARE: FOOTAGE: OF BUILDING= 2,505+- (0.06 ACRE:S +-) SQUARE: FOOTAGE: OF LE:ASE:= 600+- (0.01 ACRE:S +-) RE:MAlNING PARE:NT TRACT= 10.655+- (0.25 ACRE:S +-) TOTAL SQUARE: FOOTAGE:= 1.3,760+- (0..32 ACRE:S +-) I 8RD ftW.T £OVIILBSS I'AJI1LY UJIl'J'BD PAB'lNBBSIIlP. LTD. I'lUl No. 97-B0004934, DBN'I'ON COUN'lY. mrAS ~ g t:Q t . I -. ._-- r .----" ' .'. - ....,,-" '-. . r---"',) I ;, i I "!:;;\1J I m j g::;g ç'¡ I ~I "",,< ' ~~~ I ' ~ \"",,~"-"~"'í S 89.49'01 II E 30.00' . , \"". PO Jld'J' (),,~' }3ð'al1'JNlNG "'~'" :. '.'~i' '~"J'i'£1) I,~B,~ /: §fitY.~i,~;~t~:i~~2' 1/2' r;,¡¡:pw ~8J ---, nt~:;;:¡;"j~'ig~,:1¿; >"'" It:. ":QU~~~.:~~7'" ., ~ ~' ~=1 s~ g¡ ~ N 8fr49'01" W- 30.00' t. . ".' ..,"""', .,"'0, . ;,'~ l-"",-,# "',..'~ . . ~~n::~:f!8~~;5tY94' 1/;!",;,¡pp¡:¡:; J:¡.<¡.õj' , M;¡W'¡ >1m' SFr H~'~'I1;ìl;,,&-a;1.4¡;' !Jmï:: ~Éi~~ir~t~;Jfl;~11;?(hf nœ "¡I~:F:~lfNf. DETAIL SHOWING TOWER LEASE AREA BCAUJ 1--10' :!f a.. 0 iri '" ;.-; 0 8 ~ ¡¡¡ 0 <Ii ~ <1i t <? '" " ~ '" u:; ¡¡; ~ .... N ci Z Z § '" '" ~ z .~ " :¡¡ '" ~ .!!! 8 ~ æ a.. ("- 'E E 0 ,g !! $ " ." a. !!2 ~ tJ f!! i5 ~ "'- tH ~~ :r:.c , ( ",- 'a' txmWf: -,II"";~;¡Y. .. ~ ó (() ... <) ~~ ¡;'lH :rR:AC't "'" <3 t;::: ê.::¡ ~ 2'O1JI'R r.p~- sm: DBEÌcRIPrlON De8onption lor a towv 1.... afte sItuated JD tile Jt PuoheJû:f $'urn,., Abftraot No. fIH, DentoD CoUDt,., 2'-. beID,f a portfon of tile 4th f.raot of laDd duorlbecl JD tile deed to tom... Famfl.r Umfted PartDlIZ'8hIp, LTD., reoorded lD FIle No. lr1-B0004934, Deuton County, 2'au, beIDø turther duorlbed b,. ;meta aDd boUDdIJ .. 10Hon: , CommeDoJD,f at a ð/S- rebai' .rod fouud (CODtrol monWDeDt' JD Ü. IIOUth lIDe of reet Oak Street lor the Dortheut comer of 88Id 4th ftoact aDd tile DorthW88t CCII'JUII' of tlJe 6th 2h1ot of Jattd deseribed JD tile deed to LoYel- .ramu,. Umlted PartD«I'IIhfp, L'ID., ntOOrded J.a me No. e7-.R0()(U834, DateD Cowlt,., reus, "ldoh Ji- 1r- (bae IHNuiDa' JHIl' deed .recorded J.a me No. 9'1-.R0()(U834, DeutoD Cowlty,f'ezu), alODll Rid lIOutli lID. of rm Oak Stnet, tJ'I.48 teet (deed-87.50') .t.rom aD g lound JD oono.rete (oontrol mODumeDt) lHtJq tlJe DortlIeut comer of 88Id ðtlJ hot aDd tile Dortl1wat OOJ'Der of 2h1ot 1. of the I. Boyd Ricfpwa,. AddffJOD; ¡ ftJeDce 8.00'00'1.S"l:., 114.31 leet alODll tlJe common lIDe hetneD ~d 4th aDd 6th ftoact to a 1/S- capped 1.963 rebai' rod eet lor tile PoJDt of BeBfJm.1D6 of Wø dCJ.SCl'lbed 1.... afte; ~ , t ' ftJeDce 8.Woo'IS"I:., SO.O feet aloD f IJII1d common .llDe "tweeD ¡"d 4th aDd ðtlJ 2h1ot8 to a 1./S- capped 1983 rebai' rod set lor tile Ift)utheut OQI'Der 01 t!ú8 cfuorlbecI 1.... sIte; 221eDce N.S9"49'OJ"r., 30.0 leet to a 1.IB- capped 1963 rebar rod set lor tI1e lIOutliwat CCII'JUII' of t!ú8 duorlbed 1.... afte; ftJeDce N.OO'OO'1.S"r., SO.O leet to a 1./S. capped 1963 rebar .rod set lor the Dorthnet comer of t!ú8 duorlbed 1.... sIte; ftaeD08 S.8tI'49'OJ"B., SO.O leet to tile poJDt 01 """""'1 aDd CODta1DID f tJOO 8CJ1W'8 teet of laDd more or 1... or 0.01 aorø, more or 1..,. LOVELESS FAJlILY LlMI7'ED PARTNERSlllP, LTD. FILE No. 97-ROOO4934, DENTON COUNTY, TErAS ¡¡.¡¡ fe,om'! :,()l,Q8f fï:£ï (O.;?J ~:;F:i';H-') ¡¡.¡¡ ,~::,.., ",,;::t: lì~ ~~ "~""¡ I: (() I~ 10 ~ 0 0 f1J ~ ß .....; '. . . '.:. N(iiF:, THe f',"'~i";)S£a i.cAS;; Sfrr: m,iL)" EW4;'!<',!ES élf'i!;' U) Fii}<;:;II(; SFACE. THt."!: Wi!;' MJ p'tin;:? iiF¡~"£Z IN THi".' N!()-"I)!¡W ""XE.'.>$ AN[! t/TljJlY E,\ZEV!;'!fF, E. PUCHAL SURVEY ABSTRACT No. 996, DENTON CO TY, TEXAS r ACCJ:88 It vm.nT lUS1lJII:Ñf' DEBCRlP'l'lON Description lor aD -- aDd utWt,. e..emeDt sItuated ID tI1e i Pucbalûf Sun8y, Abstract No. 996, Denton County, 2'øu, be1D,f a portion of tI1e 4th f.raot 01 laDd deeoribed JD tI1e deed; to LoveltttItI ramfI.Y Umlted PartD8I'8l1fp, L'tD., reoorded JD me No. 9'l-Bt1OO49S4, DentoD CouDt,y, 2'au, beJD,f lurUJer duor.fbed b,. metø aDd boUDdIJ IUI lollo.... ::fJ";:hB ;:or :tr th.~~~~~:o;:a~t ~ ~ ~ 1u ~ =. ~~;A::.;ra~ crer of Partae.nrldp,. L'ID., reoordecI JD 1Jle No. 9'1-B0004934, DenteD CoÙDt,., rau, 1rlúoh Ji- r. (bae bearIDø JHIl' deed .recorded JD 1Jle No. 9'1-B00049S4, DeDton County, rau), alcmg 88fd Ift)uth 1IDe of røt Oak Street, trI.48 leet (deed-87.50') .t.rom aD X lound JD CODo.rete (CODtrol mODWDeDt) for tI1e Dortheast comer; of 88Id 6th f.raot eDd the Dorthwat crer of 2ftot 1. of tII. I. Boyd Rid6en1' AddJt1oD; I ftJeD08 S.8tI'69'4t4"1r., 1.0.0 teet alOD,f 881d IrOUtll .llDe 01 rest 0aJt Street to tile PoJDt of BeøIDDID6 01 t!ú8 duorlbecl 81U1eD2eDt; DleD08 8.00'00'1S"I:., 1U.B8 leet; N 8(1'45'08" W- 87.50' 1.111 IRM."J' £OVIIUlSS I'AJDLY .I.l.Ill2m) PA.R2NBRSBlP. L'rD. I'ILB No. 97-BOOO4IZ'U. DBN'I'ON COUNTY. TIrAS BBD !RACI' £OVBLB8S I'AJDLY UJIJ'J'.BD PAB'I'NBRSBIP, Lm. I'ILB No, Ø'1-ROOO4II34, DIlN'lON COUN'I'Y. mrAS ftJeDce N.89"49'OJ"r., SO.O leet; DleDce N.OO'OO'JS"Ir., IU.B1 leet; ftaeD08 N.89"ð9'4t4"I:., SO.O leet to tlJ. po.fr1t of ~ eDlf ooiItaIDfD,f 1.BBð 8qU8.!'8 leet of laDd more or leaor O.CUacru, more or 1... ' i vm.nT .asaa:Nr 1 D~N DeøoriptfOD for a teD-toot utWty _eDt (utility euem~ sItuated ID tI1e 1:. Puohal.l.tf Surrer. 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N~ HEAD W/ WASHER w/~-/ I I I I ,/~ GALV. BOLT OVERALL SQUARE FOOTAGE OF LEASE AREA EQUALS 600 SQUARE FEET FENCE GATE POST PIER C~,~UNG TO PPC LIGHT MOUNT magc NUm~, ~n~ ETC. NI~IDPm r ~ LEASE AREA PLAN NORTH SITE ELEVATION' VICINITY MAP SQ, FOOTAGE OF BUILDING = 2,505 SF OR .06 ACRES SQ. FOOTAGE OF LEASE = GO0 SF OR .01 ACRES REMAINING PARENT TRACI -- ~0,655 SI: OR .25 ACRES TOTAL SQUARE FOOTAGE = 13,760 SF OR '32 ACRES PROJECT DRAWINGS Sprint PCS NORTH TEXAS UNIVERSITY PCS SITE #DA13XC618 11217 WEST OAK STREET - PARENT TRACT .32 ACRES'±I DENTON, DENTON COUNTY, TEXAS Sprint PCS AArchComm Designs, Inc. Architects 1341 W. MOCKINGBIRD LANE, SUITE 600E ~ 1840 Lockhill-Selma, Suite 101 DALLAS, TEXAS 75247 San Antonio, Texas 78213 ' (214)525-4000 (210)308-990S PROJECT TYPe THIS IS AN UNMANNED, USER DEVB.OPED, RAW lAND PCS SITE PeO~ECr DESCe~PT~O~ AU. R rMENIS OF THIS SITE INCLUDING BUT NOT I.IMI1ED TO SITE WORK, GROUNDING ~ ~O PREC, AST CONCREI'E WALL AND WOOD GATE, EQUIPMENT SUPFORT S11[UCIURIS, TOWER, ~ tu ' AND ANTENNA MOUN1S, CONDUCTORS, AND ITEMS AS REQUIRED FOR A COMPtEEE SITE ARE A PART n, ~.~ OF THIS CON11~CT. SITE ACCESS IS EXIS11NC,. I.EASE HOLDER: EI. EC~ICAL ENGINEER: BML G SWlZE P.E, lg01 N.W. bml'~ HWY. ~ EXP. DATE: 02/28/02 2 OF 3 1 3/4" x 1 1/4" SLOT-TY . ACTUAL DIMENSIONS MAY VARY DUE TO MANUFACTURING AND MOLDING TOLERANCES. ~:';;:~\:r<:~ 'J~ i~'?;~>:'i :{~; NOTES: ALL DIMENSIONS SHOWN ON THIS SHEET ARE FOR INFORMATIONAL PURPOSES ONLY. END POST LINE POST CORNER POST POST SECTIONS SCALE: 1 1/2" = 1'-0" 4'-S 3/4" @ PANELS 4'-8 3 4" l ~,.,.., .', ' '0', '::'" .,..,' 1 3/4" X 3/4" TONGUE - TYP. ~'..,.." . " '0', .',:'" .",' TOP VEIW - CAP FRONT VIEW -CAP FRONT VEIW - CAP (1) #3 REBAR ~ 1 /2" X 1 1/2" GROOVE {~::2"#: :E::: GROOVE 1/2" x 1" TONGUE FRONT VIEW -PANEL 1" X 1 1/4" TONGUE #9 GA. WIRE REINF, IV) @ 18" O.C, VERT. (3) #9 GA. HORZ. WIRE REINF. II II #9 GA. WIRE REINF, @ 18" O,C. VERT. (3) #9 GA. HORZ. WIRE REINF. ~1/2" X 11/2" GROOVE II II -- -- PANEL BACK VEIW - 6" LAP PANEL FRONT VEIW - 4" LAP ~-woœm DETAILS @ PANEL & CAP ~-lRJDHm DETAILS @ PANEL & CAP 1/4" x 1 1/4" GROOVE 1 3/4" SCALE: 1 1/2" = 1'-0" SCALE: 1 1/2" = 1'- 0" 5'-0" 5'-0" (TYP.) 5'-0" TYPICAL PIER -BELOW END POST SECTION ::i 0- ~ ~ (.; a is a I:! .... ~ a cD <;¡ .... N PIER PIER LINE POST CAP LINE POST í CORN ER POST CAP BEYOND L II ,§~L ~L 1 ':¡"':' dD9\ ,ê 100; l~ Id~QL ~L 1 r ]I J CJ ~l ~L I :t ,Iy=c:,;; d .. Ll. 'Fc:::J,' ~ ...J L --, ~ ì - .:. " ---------- II ì § ~ L ~ L 1 ::1': ¡'Q9~ ì~ Ibo J; J~ ìd ~QL ~L I '.~' II 1 CJ ~L ~L 1 .;.~ ~Q 9~ -C Bc:::J:' l~ ~d~L ~L 1:':- -- ---- II ì § G?: L ~L I :,¡:: ¡IQ 9~ J¿ Ibo:' J~ ìd~QL ~L I:> II 1 CJ [ffJL ~L 1 :t ,J Q 9 ~ -r ffi c:::J ,]: - - ~ - ~ rTl ~ ~ ~L - ~ - ] ~1:~: I l c::J r L l c=Jf I 4'-S 3/4" 8 TOP VIEW -CAP FRONT VIEW -CAP c:::=:::J rn L l lL CJ~IC?cL IL ' 1 l l l J, I I í H lQL IlL CJl I I 1 I I'l J ( j( ] J~ ~~I~L}l ~L l l N FRONT VIEW -TYP. PANEL -1 --1/8" CLEAR 1 /8" CLEAR - TYP. -lr- II c~J J¡C?cL IL I l ] l I J I I í H lQL l L LJL I I " ] I II J [ H J l: ~]I IQ- IL 1 l r J I 1 I 1 L c=J! 1 C)Ì C) c 'E 0 ~ <õ ¡¡; 8 ~ (! Z Z 0 !::j, CII ~ Z .<i ~ <0 ~ .!1! ð ~ æ 0- (f) 'E E 0 0 .c Ii! $ c 'c C. ~ B 0 2! is 'é Æ'E OCII f.à ~- ~-SUlTM .~ - woœTM LINE POST END POST LINE POST LINE POST PIER PIER ELEVATION @ SCALE: 3/4" = 1'-0" PAN ELS FRONT VIEW -PANEL USED AT BTM OR TOP rCt PANEL ~-STÐJIm DETAILS @ PANEL & CAP SCALE: 1 1/2" = 1'-0" CORNER POST I- 4'-8 3/4" 3/4" ;¡- 4" ~~ EX[ : ;2~3x :E~:~.. GROOVE N N RABBET JOINT #9 GA. WIRE REINF. @ 18" O.C. VERT. (3) #9 GA. HORZ. WIRE REINF. 3/4" -I LA TTICE I- 4'-S 3/4" IV) '", BALUSTRADE W -.J m « 0::: « > ¡.:.: :r: c..9 w :r: OET AIL OF OPTIONAL N I 0::: 0 I N PANELS TYPICAL POST SPACING S'-O" O,C. -.J -.J « 5; rYPICAL RAIL 5 1/2" X 2 1 /4" X 7'-10 3 4" PENETRA TE 2" - TYP, ~U) -z :r: U) 0 ~ Z ¡::: ~ 00 0 0.. Z ::JO ES 0 u - w-.J 0.. U)- «0 mU) I I I I ! I LI.J 12" DIA. PIERS - TYP, EMBEDDED' 16" MIN, , ' -~ru 2 RAIL FENCE ELEV A TI ON SCALE: 3/4" = 1'-0" I I I I ! I LIJ 3 RAIL FENCE SUPERIOR-RAIL SPECIFICATION DATA Pre-Cast Concrete Fencing 1. PRODUCT NAME Pre-cast Fencing: SUPERIOR-BRICK, SUPERIOR- WOOD, SUPERIOR-STONE and the SUPERIOR-RAIL Fence System. 2. MANUFACTURER Superior Concrete Fence of Texas, Inc. P.O. Box 201625, Arlington, Texas 75006-1625, (817) 277-9255. All products manufactured in USA by a NPCA certified plant. 3. PRODUCT DESCRIPTION Basic Use: Product is intended for residential and commercial exterior and screening walls. 0 Fencing and screening walls separating properties. Decorative and Architectural Fencing. Sound barriers Corral Fencing Equestrian Trails Golf Courses Subdivisions Plan ters fencing 0 0 0 0 @ 0 0 Limitations: Should not be used alone as a retaining wall for the support of soils or other structural elements. Composition and Materials: A mix of high strength portland cement meeting or exceeding the requirements of ASTM-C150, natural aggregates, and iron oxide colors placed and cast within factory molds. Filled molds are vibrated. After setup of mix, the cast product is stripped from molds, cured, and packaged for shipment. Sizes: Screening Fencing. Screening fence columns are typically placed at 5'-0" centers with the screen fence panels being 12 inches in height and approximately 1 inches in thickness. Overall height of the fence system can be designed to heights in excess of 12'-0" dependent upon local codes and site soil conditions. Rail Fencing. Rail fence posts are typically placed at 8'-0" centers and will include either two or three rail (3'-0" or 4'-0" in height respectively). 7, 4. TECHNICAL DATA Concrete Mix: Compressive strength - F' c=4,500 psi. Reinforcing Steel: Steel yield strength - Fy=40,000 psi. Loading: Each screen fence is to be designed to meet the local building codes as the apply. Wind loading and Surcharge loads as they occur, will be applied to the panels, columns, and foundation. components, SQ. FOOTAGE OF BUILDING = SQ. FOOTAGE OF LEASE REMAINING PARENT TRACT . TOTAL SQUARE FOOTAGE Foundations: Site specific geotechnical information to be used for each design. 5. INSTALLATION The posts are positioned and erected by site-casting the column or post into a drilled pier. The pier size, depth and reinforcement is constructed as specified within site specific Engineered Drawings. After the posts are accurately spaced, plumbed and leveled, they are braced, until the pier concrete has obtained it's initial strength. With the posts erected, the panels are manually slid into place. Where post spacing must be less than 5' -0", the panels are saw cut to a length as required to fit. Post caps and panel caps are bonded into place by applying a silicone based adhesive between the cap and fence component. 6, Specialties & Options: 0 Concrete mow strips: ... Gates: 0 Architectural panels: lattice wrought iron and balustrade configurations may be substituted within the fence system. Drainage: Panels can be arranged to allow for continuous or intermittent drainage beneath the fence. AVAILABILITY AND COST @ Availability: Available from manufacturer's authorized suppliers including the following: Superior Concrete Fence of Texas, Inc, P.O, Box 201625, Arlington, Texas 75006-1625, (817) 277-9255 Cost: Product is priced based on height per lineal foot. MAINTENANCE Most applications require no maintenance. Where excessive dust or dirt are prevalent, product can be washed down occasionally. 8. TECHNICAL SERVICES Technical personnel are available for consultation with architects, engineers, city officials and owners to discuss type, application and site specific engineering requirements, etc. 2,505 SF OR .06 ACRES = 600 SF OR .01 ACRES = 10,655 SF OR .25 ACRES =13,760 SF OR .32 ACRES PROJECT DRAWINGS ~ Sprint PCS NORTH TEXAS UNIVERSITY PCS SITE #DA13XC618 1217 WEST OAK STREET. PARENT TRACT .32 ACRES~ DENTON, DENTON COUNTY, TEXAS Sprint pcs 1341 w. MOCKINGBIRD LANE, SUITE 6OOE DALLAS, TEXAS 75247 (214)525-4000 PROJECT TYPE: THIS IS AN UNMANNED, USER DEVElOPED, RAW LAND PCS SITE. PROJECT DESCRIPTION: ALL ELEMENTS OF THIS SITE INCLUDING BUT NOT LIMITED TO SITE WORK, GROUNDING SYSTEM, PRECAST CONCRETE WALL AND WOOD GATE, EQUIPMENT SUPPORT STRUCTURES, TOWER, ANTENNA AND ANTENNA MOUNTS, CONDUCTORS, AND ITEMS AS REQUIRED FOR A COMPLETE SITE ARE A PART OF THIS CONTRACT. SITE ACCESS IS EXISTING. z 0 I- ::> -I 0 en ~ ~ .9¡u' c- ( )(U cc LEASE HOLDER: SPRINT PCS 1341 W. MOCKINCiBlRD lANE SURE 6OOE ' DAllAS, TEXAS 75247 ARCHlTEcr: AROICOMM DESICN. 1Nc. ARCHIŒCTS 1840 LOCKHILl.SBMA, SUITE 101 SAN ANTONIO, TEXAS 78213 PHONE: (210) 3OM9OS LAND OWNER: . LOVÐ.ESS FAMILY LIMITED PARTNERSHIP.l1D. 3709 CRANADA TRAIL DENTON, TEXAS 16205 CUR1IS M. LOVB.ESS . (940) 387.3776 ELEcrRICAL ENGINEER: , EMIL c. SWIZE P .Eo 1901 NoW. MlUTARY HWY. f21O SAN ANTONIO, TEXAS 78213 PHONE: (210) 342.3483 FAX: (210) 342.3641 EXP.DATE: 02/28/W. 3 3 OF 3