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Resolutions R2000-001 to R2000-067
RESOLUTION NO ,~t~-l~/ A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM OF OBLIGATION SO THAT A PROJECT APPROVED IN THE t~,~'~-zuuu ~t IMPROVEMENT BUDGET MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS RESOLIJTION MAY BE COMMENCED, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton (the "Issuer") ~s a mumelpal corporation/pohtmal subchvlsl~n of the State of Texas, and WHEREAS, the issuer expects to pay expenditures in connection w~th the design, planmngI and construction for ~mprovements to various City facilities referred to as famhty renovatl0ns wluch were previously approved in the 1999-2000 CIP Budget and are more fully described m Attachment A , an WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent w~th the lawful objectw{~s of the Issuer and, as such, chooses to declare its intention, in accordance with the prows~om of Section 1 150-2 Treasury Regulations, to reimburse itself for such payments at such tlm~ as ~t issues the obhgat~ons to finance the Projects, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the Issuer reasonably expects to recur debt, as one or more series of obhgaU6ns, w~th an aggregate maximum pnnc~pal amount equal to $2,000,000 for the purpose of paying the costs of the Project, as set forth ~n the attached Attachment "A" which is made a part of this r?solut~on for all purposes SECTION 2 That all costs to be reimbursed pursuant hereto will be for design and capital improvement expenditures No tax-exempt obhgat~ons will be issued by the Issuer m furtherance of flus resolution after a date which is later than 18 months after the later of (1) the date the expendatures are prod, or (2) the date on which the property, w~th respect to which such ~ '- ----~ .... ~ ..- service That all amounts expended from the Unreserved expenaltures are mau~ ~ e.,~.u ,,~ _ _ .. . _. Fund Bhlance for the ProJect set forth in Attachment 'A" to pay any costs of the rrolect snan ne reimbursed from Certificate of Obligation bond proceeds within the 1999-2000 fiscal year 'SECTION 3 That the foregoing notwithstanding, no tax-exempt obhgatlon will be ~ssued pursuant to this resolution more than three years after the date any expenditure whmh ~s to be reimbursed is prod SECTION 4 That this resolution shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED this the 4~ dayof ~ ,2000 JACK~I~ER, MAYO ATTEST JENNIFER WALTERS, CITY SECRETARY APP~VED AS TO LEGAL ?ORM HERBERT L PROUTY, CIT3' ATTORNEY / BY . ~ ~ Page 2 Attachment A CIP ProJect 1999-2000 *Facility Renovations $2,000,000 SThe Facility Renovations ProJect was approved to make improvements to C~ty Hall East, C~ty Hall and C~ty Hall West ~ncludmg moving offices m conjunction w~th the vacating of leased office space an C~ty Hall East by North Central Texas College RESOLUTION NO ~9~90- ~9Or7~ A RESOLUTION AMENDING RESOLUTION NO R99-045 PASSED BY THE CITY COUNCIL ON SEPTEMBER 7, 1999 TO ADD PROJECTS APPROVED BY THE VOTERS AT THE JANUARY 15, 2000 GENERAL OBLIGATION BOND ELECTION TO THE GENERAL GOVERNMENT CAPITAL IMPROVEMENT PROGRAM FOR 2000-2004, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on September 7, 1999, the C~ty Council passed Resolution No R99-045 adoptxng the Capatal Improvement Plan proposed by the Planning & Zoning Commxsslon and the Pubhc Utfiltaes Board for 2000-2004, and WHEREAS, prior to the passage of Resolutxon No R99-045, respectively on June 7, 1999 and June 9, 1999, the Pubhc Utfl~taes Board and the Planmng & Zoning Commlssaon recommended the utahty and general government capatal ~mprovements to be constructed dunng the forthcolmng year an accordance with prowslons of the Cxty Charter, and WHEREAS, since those recommendatxons and the adoptxon of the Capital Improvement Program 2000~2004, at an election wtuch was duly called and held on January 15, 2000 in accordance w~th the Cxty Charter and all other apphcable laws, the voters approved addmonal capatal ~mprovements to be constructed, and WHEREAS, at ars regular meeting of January 18, 2000, the C~ty Council canvassed the January 15, 2000 general obhgatlon bond electaon and the Council deems it in the public interest to amend the Capatal Improvement Program 2000-2004 to add addataonal public amprovements approved by the voters at tins electaon, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That Resolutaon No R99-045 xs hereby amended to add the capital improvements shown on the 1999-2000 Capital Improvement Program General Government exMbat, which as attached hereto and made a part of thxs resolution for all purposes as if written word for word herein, to the Capital Improvement Program 2000-2004 and anthonzang these additional eapatal amprovements whmh are proposed to be constructed during the forthcoming year SECTION 2 That save and except as amended hereby, all the remaining sections, subsections, paragraphs, sentences, clauses, and phrases of Resolution No R99-045 of City of Denton, including the list of capital amprovements attached to that resolution, shall remmn m full fome and effect SEGTION iB That thxs ordinance shall become effectxve ~mmedmtely upon ~ts passage and approval JACK ~ErR, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY AP VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 1999-2000 CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT TOTAL REQUIRED CITY UNISSUED OTHER* FUNDING Transportation -- Streets/Traffic Control/Bikeways/Sidewalks/Airport Bnnker Road $ 900,000 $ 900,000 Traffic Signals 200,000 200,000 Pawng/S~dewalks/Bikelanes 500,000 500,000 Bonme Brae 250,000 250,000 Fry Street 250,000 250,000 Facthty Renovations 2,000,000 2,000,000 Development Code and Re-wr~te of Development Code 405,000 405,000 Total $ 2,100,000 $ 2,405,000 $ 4,505,000 L~brar~es North Branch L~brary/ Emily Fowler Renovation $ 1,000,000 $ 1,000,000 Total $ 1,000,000 $ $ 1,000,000 Parks and Recreation/Beautification Upgrade Parks $ 210,000 $ 210,000 Commumty Park Land Acqu~s~tmn 400,000 400,000 Beant~ficat~on 40,000 40,000 Total $ 650,000 $ $ 650,000 Total Bonds $ 3,750,000 $ 2,405,000 $ 6,155,000 * Projects to be funded through the xssuance of certificates of obhgat~on Next Document KESOLUTION NO ~0~000- OOb A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING CITY POLICIES REGARDING TELECOMMUTING BY CITY EMPLOYEES, PROVIDING FOR A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE WHEREAS, The C~ty of Denton, Texas recogmze that advancing technology provides the opportunity to consider altematwe working arrangement concerning employees, and WHEREAS, The D~rector of the Human Resources Department for the City of Denton has presented a policy that would allow the consideration of the work alternative of telecommutmg which would allow regular full-t~me, regular part-time and contract employees to work from home or a remote location, for the Council's consideration, and WHEREAS, the C~ty Council, desires to adopt such policy as an official pohcy regarding employment with the City, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1. That Policy numbered 103 02 "TELECOMMUTING' of the Personnel Policies and Procedure Manual of the City of Denton attached hereto and ~ncorporated by reference herein, is hereby approved as officml pohcy of the C~ty of Denton, Texas SECTION 2, That the foregoing policy is attached hereto and made a part hereof and shall be filed m the official records w~th the C~ty Secretary SECTION 3. That if any section, subsecUon, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held Invalid by any court of competent jurisdiction, such holding shall not affect the vahd~ty of the remmnmg portions of,flus resolution, and the Cay Council of the City of Denton, Texas hereby declares ~t would have enacted such remmmng pomons despite any such invalidity SECTION 4 That this resolution shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED this the t/ff~c day of~, 2000 ATTEST JENNIFER. WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY F \shared~dept\L(}L\Our Documents\R~solutlons\OO\Tele¢ommut~ng pohcy doc CITY OF DENTON POLICY/ADMINSTRATIVE PROCEDURES/ADMINISTRATIVE DIRECTIVE ~'age ~ ors SECTION HUMAN RESOURCES REFERENCE NUMBER 103 02 SUBJECT SPECIAL CATEGORIES OF EMPLOYMENT INITIAL EFFECTIVE DATE 02/01/2000 TITLE TELECOMMUTING LAST REVISION DATE POLICY STATEMENT It ~s the polacy of the Caty of Denton to consider the work alternatave of telecommutang whach would allow regular full-tame, regular part-time and contract employees to work from home or a remote location when ~t as mutually beneficaal to the organazataon and the employee and when at comphes wath gu~dehnes as set forth by the Caty Telecommu'ang as not a wadespread employee benefit, but an altematwe method of meeting the needs of the Caty Since telecommutmg as a privilege, the orgamzataon has the r~ght to refuse to make telecommutmg avmlable to an employee and to termanate a telecommutang arrangement at any tame Employees are not reqmred to telecommute and employees have the right to refuse to telecommute ff the optaon as made available to them Employees who do choose to telecommute have the right to cease telecommutmg and return to has or her former m-o£fice work pattern at any ume ADMINISTRATIVE PROCEDURES I Telecommutmg Profile A Not every employee, supervasor, or job as appropriate for telecommutmg The specific nature of the job wall red,cate whether or not telecommutmg as £eas~ble Possable jobs to consader for telecommutang would be those jobs that do not reqmre constant face-to-face anteractaon w~th customers or other employees, field pos~t~ons that could go darectly from home to customers and back are also wable options Posmons where an employee works alone m performing tasks may also be well stated These tasks may include Planmng Scheduhng Preparing performance revaews Writing reports Audits Research and analys~s Conceptuahzang, reading and writing Conducting bus~ness by telephone Working w~th data POLICY/ADMINSTRA TIVE PROCEDURES/ADMINISTRATIVE DIRECTIVE Page 2 of 8 litTLE TELECOMMUTING P. EF NO 103 02 B While the nature and responmbfllty of a .lob are key factors ~n determining whether or not telecommutmg is an option, personal traits and characteristics of the employee and supervisor must be considered Ideal Telecommut~ng Manager Has strong communication skills Manages by results and not by momtorlng work hours Delegates work easily Is well organized Open to new ~deas Trusts bas or her employees to do a goodlob Ideal Telecommutlng Employee Is self-motivated Has high productivity Requires mlmmal supervismn Has a high degree of job knowledge and skill Possesses strong organization and time management skills II TeleeommuUng Guidelines A The decision to allow an employee to telecommute will be left to the discretion of his or her department director and will be coordinated with the Director of Human Resources or designee To protect the rights of all involved, employees and their managers will develop and sign a Telecommutlng Agreement (Exhibit A) The D~rector of Human Resources or designee will assist in drafting the agreement ensuring that it meets with organizational and legal approval The agreement explains the guldehnes of the telecommuting program, outlines job expectations, and specifies work hours B If an employee currently works for the City of Denton, he/she must have satisfactory performance to be ehglble to participate in the program C Salary, Benefits and Worker's Compensation 1 Regular full-time and part-time employees participating in the telecommutlng program will maintain the same salary, benefits, and insurance coverage Only the work location will change on certmn days Contract employees are not eligible for such benefits POLICY/ADMINSTRATIVE PROCEDURES/ADMINISTRA TIVE DIRECTIVE Page 3 of 8 TELECOMMUTING P. EF NO 103 02 2 Lmblhty for job-related accidents will continue to exist at the designated off-site location dunng the approved work schedule Employees who telecommute will be responsible to maintain safe worhng conditions at the designated off-site location and should practice the same safety habits that he or she would ~n the office enwronmem In case of ~njury, the employee should contact his or her supervisor ~mmedlately to get ~nstructlons for obtalmng medical treatment The City of Demon assumes no habfllty for ~njunes that occur m the employee's off-site work location outside of the agreed- upon work hours To ensure that safe working conditions ex~st, the employee's supervisor has the right to make on-s~te evaluations of the works~te at mutually agreed upon times Work Hours/Schedule 1 The total number of work hours per pay period will not change due to parhclpahon m the telecommutmg program Non-exempt employees will be responsible for providing a b~-weekly t~me sheet according to C~ty of Denton standards 2 Departmental requlremems take precedence over the schedule and telecommutlng arrangements specified ~n the Telecommutlng Agreement if there is a schedubng conflict Management will prowde the employee with advance not~ce if at all possible when fiextlme schedules or telecommut~ng must be curtaded Employees are rcqmred to report to the office when requested 3 Employees should be available by telephone during the specified work hours and should notify the office ~n the event that they leave the off-site work location 4 The telecommut~ng employee must be at the main work location as specified m thc telecommutlng agreement and must attend any regularly scheduled meetings The employee's department d~rector has the d~scretlon to alter th~s reqmrement w~th the approval of the Director of Human Resources or designee Work Plan and Ass~gnmems 1 A telecommut~ng work plan wdl be developed by the employee and his or her supervisor outhnmg thc days for telecommutlng and the work to be performed dunng those days Any changes to the agreed upon work plan must be rewewed and approved by the supervisor in advance 2 The telecommutmg employee will consult with the supervisor, through mutually agreed upon mode(s) of commumcatlon to receive or review completed assignments POLICY/ADMINSTRA TIVE PROCEDURES/ADMINISTRATIVE DIRECTIVE Page 4 of 8 TITLE TELECOMMUTING REF NO 103 02 F Eqtupment and Office Supplies 1 The City of Denton will provide any equipment needed to perform the employee's duties and responsibilities If an employee chooses to use his/her own equipment and not the city-owned equipment, the City will not be liable for any damage or depreciation to the equipment Further, anti-virus protection software should be installed on all equipment not owned by the City of Denton in order to protect hardware and software security and data integrity Any software needed must be used in accordance with the license agreement provided in the software documentation 2 Office supplies will be provided by the City of Denton and should be obtained during days of on-site work Any out of pocket expenses will not be reimbursed to the employee for supplies normally avmlable in the office unless prior approval is granted by the employee's supervisor 3 The employee understands that all equipment loaned by the City of Denton should be maintained in good condition and should only be used for performing job responsibilities Upon resignation or termination of this agreement, the teleeommutlng employee agrees to return the equipment in good working order and in comparable condition as when loaned Regular wear and tear as a result of standard usage will be taken into consideration 4 The security of the City's property in the employee's home as as important as it is in the office Telecommuting employees are expected to take reasonable precautions to protect the equipment from theft, damage or misuse Employees should consult with their homeowners insurance provider to determine whether or not replacement cost of city-owned equipment will be covered If the equipment will not be covered, the employee will be responsible to the same degree as all other employees who are responsible for similar types of equipment G Confidemlallty and Security I Restricted-access materials will not be taken out of the office unless approved in advance by the employee's department director and/or supervisor 2 Telecommutmg employees must take reasonable precautions to ensure the confidentiality and security of City information Breach of confidentiality or security could terminate the telecommuting agreement and or jeopardize the employee's continued employment uath the City of Denton POLICY/ADMINSTRATIVE PROCEDURES/ADMINISTRA TIVE DIRECTIVE ~'~ge s of s TITLE TELECOMMUTING REF NO 103 02 I H Dependent Care The telecommutlng employee will not undertake the primary care of a dependent child or provide primary care for an elderly adult at the off-site location during the agreed-upon work hours However, ifa dependent child is ill, the employee may on a temporary basis provide care for that child, subject to approval of his or her supervisor I Coordination wth Sick Leave and Family Medical Leave (FMLA) 1 Telecommuters are expected to comply with departmental policies and procedures for using accrued sick leave Employees using accrued sick leave should not perform any work unless prior approval is obtmned from his/her supervisor 2 Employees on FMLA should not perform any work unless prior approval is obtained from his/her supervisor AND the Director of Human Resources or designee Under no circumstances will an employee be allowed to perform work while on FMLA due to a serious condition of self unless written permission from the employee's doctor(s) is obtained J Tax Liability Any income tax implications of maintmmng a home office area as a result of telecommutlng are entirely the responsibility of the telecommuter Telecommuters are encouraged to seek professional advice in this area K Telecommuters are expected to comply w~th all City of Denton policies and procedures, where applicable Page 6 of 8 TELECOMMUTING AGREEMENT Exhibit A Telecommuting, or working from another location such as home or an office close to home, is a work alternative that the City of Demon may choose to make available to employees when a mmually beneficial situation exists Telecommutlng is not an employee benefit, but rather is an alternate method of meeting the needs of the City Employees do not have the "right" to telecommute, either the employee or the City can terminate the arrangement at any time with or without cause Employee Name Department/Division Supervisor Telecommuting Start Date These are the conditions of telecommmmg agreed upon by the telecommuter and his or her supervisor I The employee agrees to work at the following location Address City, State Zip Code Phone Number Fax 2 The employee will telecommute . days per week 3 The employee's hours w~ll be as follows Any scheduled changes to these hours must be documented and approved by the employee's supervisor prior to working the new hours 4 When requested, the employee agrees to provide the supervisor a Telecommuting Work Plan which identifies the asslgmnents to be worked on during telecommutlng hours Page 7 of 8 5 The following eqmpment will be used by the employee m the remote work locatmn Th~s eqmpment will be prowded by the C~ty and should be recorded on the eqmpment ~nventory log included ~n Appendix D ~n the Telecommut~ng Handbook Should the employee choose to use h~s/her own eqmpment and not the c~ty-owned eqmpment, the C~ty will not be hable for any damage or deprecmtion of the employee's eqmpment The employee understands that all eqmpment loaned by the C~ty of Denton should be mmntained in good condition and should only be used for performing job responsth~ht~es Upoa resignation or termination of th~s agreement, the telecommut~ng employee agrees to return the eqmpment ~n good working order and ~n comparable condition as when loaned Regular wear and tear as a result of standard usage will be taken ~nto consideration The security of the C~ty's property ~n the employee's home is as important as ~t ~s ~n the office Telecommut~ng employee's are expected to take reasonable precautions to protect the eqmpment from theft, damage or m~suse 6 The following ~s the arrangement agreed upon for handling telephone calls made by the telecommuter from the remote work location for City bus~ness 7 The employee agrees to call the central office to obtmn his or her messages at least t~mes per day 8 The employee agrees to obtmn from the central office all supphes needed for work at the alternate location, out-of-pocket expenses for supphes regularly avmlable at the City office will not be reimbursed unless prior approval ~s granted by the employee's supervisor 9 The employee agrees to abide by the gmdehnes outhned ~n the Telecommuttng pohcy 10 Additional conditions agreed upon by the telecommuter and the supervisor are as follows Page 8 of 8 The contents of th~s agreement do not m any way consutute the terms of a contract of employment and should not be construed as a guarantee of continued employment w~th the C~ty of Denton Employment w~th the C~ty of Denton is on an "at-will" bas~s which means that the employment relationship may be terminated at any t~me by e~ther the C~ty or the employee for any reason not expressly prohibited by law Date Employee I have reviewed the above information wath prior to h~s or her part~mpat~on m the C~ty's telecommutmg program Date Supervisor Date Department D~rector Date D~rector of Haman Resources RESOLUTION NO /af~¢~)~) ' 00 ¢ A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED CITY POLICIES REGULATING THE HANDLING OF CASH BY CITY EMPLOYEES, AND DECLARING AN EFFECTIVE DATE WHEREAS, The City of Denton, Texas as a part of the services provided, collect cash momes in chfferent forms to be prod to the City of Denton, Texas, and WHEREAS, The Assistant City Manager of Fiscal & Municipal Services has provided a revised policy regarchng employee roles and regulations concerning cash handling, and WHEREAS, the City Council, desires to adopt such policy as an official policy regarding employment with the City, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 That Policy numbered 403 01 "Cash Handling Regulations" of the Personnel Policies and Procedure Manual of the City of Denton attached hereto and incorporated by reference hemm, is hereby approved as official policy of the City of Denton, Texas, and replaces former policy 403 01,403 02, 403 03,403 04, and 403 05 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 fins the / ~-'-'~ day of L~d~/}J~/~/t/p~ , 1999 JACI~LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY A~/RoV~; ~S TO ~EGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents~9.esolut~ons\99\Cah Management Pohey doc CITY OF DENTON F AOE, OF 10 POLICY/AD~NISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION FINANCE REFERENCE NUMBER 403 01 SUBJECT CASH MANAGEMENT INITIAL EFFECTIVE DATE 06/01/99 TITLE CASH HANDLING REGULATIONS LAST REVISION DATE 03/14/89 I Purpose and Scope The Cash Management Program was established for thc purpose of ensunng adequate ~ntemal controls to account for the handhng o£Clty Cash and to maintain public trust The term "City Cash" applies to currency, coin, checks, credit, charge and debit card payments, other clectromc payment medm, and other negotiable instruments payable ~n money to the City The procedures to enforce the cash management program are to include but are not hmlted to those outlined below A A random drawer audit conducted under the direction of the Director of Fiscal Operations B Any deficiencies in regard to the set procedures will be reported to the Director of F~scal Operations and the Assistant City Manager of F~seal & Municipal Servmes ~n the form of a memorandum outlining the deficiencies C The Director of Fiscal Operations will notify the Department Director involved and explain these deficiencies, and the Department D~reetor will be responsible for ta~ng appropriate action to correct deficiencies D Ifm a subsequent audit these deficiencies still exist, the D~rector of Fiscal Operations will advise the Assistant City Manager of Fiscal & Munm~pal Services that the deficiencies still ex~st E Th*Director of Flscal Operations andthe Assistant CltyManager ofFlscal & Mummpal Servmes will notify the Department Director ~nvolved and the C~ty Manager of the ex~sttng situation F The Cxty Manager will review the existing situation and may take appropriate action to resolve deficiencies and ensure that the procedures as outlined are adm~mstered properly II Delegation of Authority A The Dlreotor of Fiscal Operations is authorized to promulgate roles for estabhshlng procedures for the receipt, handhng and deposit by City officers and employees of City Cash ~nto the C~ty Treasury for the method of documentation on all such transactions, regular repo~ng to the Director of Fiscal Operations, certifying and rescinding certification by the D~rector of F~scal Operations of all City officers and employ,es who are authorized to receive or handle C~ty moneys ~n the regular course of their emploYment or departmental actlwtles, inspection of departmental cash records, ~ncludmg overages or shortages, mspect~on of departmental practices and procedures in handling City Cash, and contracting with agents to collect City Cash and their collection procedures The D~rector of Fiscal Operations may enforce these roles through on-site inspections, by resmndlng certification of any officer or employee who falls to comply with the Director of Fiscal Operations' procedures and, in the event of noneomphanee by a department or office, requiring that payments to personnel be authorized by the Director of Fiscal Operation, or deposited at his/her office B The Director of Fiscal Operations, as the City's banker, is required by law to receive, retmn, and disburse all City revenue and keep detailed records of these transactions The Director of Fiscal Operations is charged with the responslblhty of overseeing the proper receipting and to safeguard all City funds The Treasury will be conducting peno&c cash drawer audits (unannounced) under the direction of the Director of Fiscal Operations C The Director of Fiscal Operations delegates the adnnmstratlon of the Cash Management Program to the Cash & Debt Admlmstrator D Through certification, the responslblhty and accountability of the dally eollectaon of funds is delegated to the eusto&ans and his/her supervisor IH Duties of C~ty Departments The Director of any City department who anticipates receiving City Cash on a regular basis in the course of its actlmt~es shall A Assign the receiving of City Cash only to those persons who are certified by the Director of Fiscal Operations for performmg these functions, B Collaborate w~th the Director of Fiscal Operations to establish and maintain a system of procedures, documentation and reporting on receipts handling and deposit of City money, C Notify the Pohce Department of any loss or theft of City Cash Imme&ately upon discovery Written notice shall be given no later than twenty-four hours after discovery D Allow the Director of Fiscal Operations or his/her designee to make on-site inspections and observe the processing of City Cash, and to make inspections of departmental collection records IV Duties of City Personnel Any City officer or employee, who receives City Cash in the normal scope and course of his/her duties, shall A Imme&ately deposit the Cash with a City depository designated by the Director of Fiscal Operations to the cre&t of the City The delivery or deposit must be made on the same day to the Customer Service Division before 5 00 p m if the total receipts on hand am equal to or greater than $100 B Comply with rules promulgated by the Director of Fiscal Operations for handling and processing of City Cash and for documentation and &ssemmatlon of records, and with departmental internal procedures, established in conformity with the Director of Fiscal Operation's procedures, C Notify the employee's supervisor and Department Director of any loss or theft of City money immediately upon discovery Written notice shall be given to them no later than twenty-four hours after discovery, D Be subject to disciplinary action, up to and including termination for failure to comply with each departments operating pohmes, D~rector of F~scal Operations' procedures, collective bargaining agreements and/or duties described m this policy V Liability for Loss A As between a department and its officers and the Director of Fiscal Operations, the department has primary responsibility for care and liability for loss of City Cash in ~ts custody until deposited in the City Treasury or entrusted to a cashier certified by the Director of Fiscal Operations, and the D~rector of Fiscal Operations thereafter When deposit is made m an after-hours drop box of the City's finanmal institution, or an armored car service makang collection for the City, losses are assigned to the Director of Fiscal Operations if the Director of Fiscal Operations' instructions for making deposits have been followed, and to the department otherwise B Comphance with the procedures approved by the Director of Fiscal Operations establishes a presumption that a City department or office exemlsed due care in its custody and care of City Cash VI Certification of Cashiers and Fund Custodians A Only persons who are certffied by the Director of Fiscal Opcratiuns shall receive and handle City Cash on a regular basis m the scope and course of their employment As a conthtton to certfficat~on or maintenance ofa ce~ficatlon, the Director of Fiscal Operations will rcqmre that the fund custo&an and supermsors complete a course of instruction or training and/or pass an examination on the secure processing of moneys, cash procedures and apphcable departmental rules, and thereafter take refresher instruction or training at periodic intervals or when the need arises B All employees who receive and handle City Cash on a regular basis m the scope and course of their employment and all supervisors who oversee the cash handling functmn, shall complete such certlficatmn within six months of the approval of this policy or within six months of their appointment as fund custodian or supervisory function C A signed Cemficate of Responslblhty fi.om the fund custodian and supervisor must be obtained verifying receipt of this Cash Handlmg Pohcy and the Department of Fiscal Operations Cash Handling Trarnmg Manual VII Establishment/Increase of Cash Funds All requests for the establishment of cash funds must be made to the D~rector of Fiscal Operations The Director of Fiscal Operaluons will maintain a complete hst~ng of all cash funds The department locanon, custodian and the amount of the cash fund are to be maintained upon this written listing A A check request should be submitted to the Director of Fiscal Operations for the amount of the funds requested B A written memorandum to the Director of Fiscal Operations from the Department Director requesting the establishment or increase of a cash fund shall be forwarded with the check request for considera~on The memo should explain the need for the establishment or increase of the fund C A copy of the memo should be attached to the file copy of the voucher by the Director of Fiscal Operations when the check is issued by the Department of Budget and Management Services D No funds are to be estabhshed out of cash receipts by any department E Upon establishment of a cash fund, a fund custodian should be appointed by the Department Director Cash funds must have one fund custodian rasponsible for the disbursement of cash In the absence of the fund custodian, the department/division head should make all disbursements from the cash fund Should it become necessary to change fund custodians, the Department Head should notify the Director of Fiscal Operations and request an audit of the cash fund to be performed prior to transfemng the cash fund to tbe new custodian The Director of F~scal Operations will forward a copy of the cash audit worksheet to the Department Director upon completion of the cash audit VIII Termination of Cash Funds A The Department D~rector should notify the Director of Fiscal Operations that the cash fund is to be closed and request that an audit be performed prior to closing the cash fund The Department Director should furnish the Director of Fiscal Operations with a memorandum outlining the reasons for closing the cash fund B The Director of Fiscal Operations and/or his staff will perform an audit of the cash fund and provide the Departmant Director with a copy of the final cash audit worksheet Any shortages or variances are to be lnves'agated and resolved by the Department Director and the Director of Fiscal Operations Ifthe shortages or variances cannot be resolved, the Department Director is to provide a written explanation to the effect that a shortage or variance occurred which he or she could not resolve This response should be addressed to the Director of Fiscal Operations A copy of the written explanation should be forwarded to the City Manager and the Assistant City Manager of Fiscal and Munmlpal Sermces C Upon compleluon of the cash audit, the cash custodian should deposit any cash on hand with the Customer Service Dlwmon and provide a copy of the deposit slip to the Controller with any outstanding vouchers D The Director of Fiscal Operations will provide the Controller with a copy of the final cash audit worksheet which details the expense accounts to be debited for preparation of ajoumal entry to close the cash fund A copy of the Department Director's memo outlining the reasons for closing the cash fund will also be prowded to the Controller A copy of the final cash audit worksheet and the Department Director's memo should also be attached to the journal entry as supporting documentation IX. Security of Cash Funds A Cash funds are to be kept m locked boxes or drawers The locked box is to be kept m a secure area where only the designated cashier or custodian, and the Department or Division Head, have keys and access to the funds B Promsmns should be made m departments where more than one cash fund exists to secure all funds which are not being utahzed Only the Department or Dl,aslon Head, or his/her designated custodian, should have access to an employee's cash fund m the event of their absence D Only the person responsible for the cash fund and the Department or Division Head should maintain keys and have access to the funds E Bank bags must be locked and kept out of sight when transpomng city funds for deposit to the Customer Servlco Division F All funds must be reviewed randomly (at least weekly) by the fund supervtsur or destgnated personnel G The use of surveillance cameras may be used to momtor city funds A signed certificate of acknowledgement from the fund custodian and fund supervtsor must be obtmned verifying that they have been Informed about the possible use of surveillance camera X Regulation of Petty Cash Funds Petty cash funds are available for making emergency or tmmedlate purchases of items that are not routinely ....................... ~, .-~, ......... by the Warehouse in the Materials Management I)evartment -Petty cash funds are to be mamtatned only for this purpose, and no department shall possess a petty cash fund without estabhshmg such a fund as outlined above A Maintenance of Petty Cash Funds 1 Cash funds must have one fund custo&an responstble for the &sbursement of cash In the absence of the fund custodian, the department/dlvts~on head should make all &sbursements from the petty cash fund 2 Each cash fund should have a set amount of funds to be accounted for The Department of Budget and Management Serrates will not process payment authorizations to retmburse petty cash ff the request exceeds the established amount of the petty cash fund 3 The petty cash fund is to be reconciled on a daffy basts by the fund custodian 4 The cash custochan should process a payment authorization to reimburse their petty cash fund as necessary The payment authorization requesting reimbursement of petty cash is to be processed with enough lead-time to prevent the remmmng petty cash funds from betng depleted prior to the tssuance of the reimbursement check All check navments to ~ etmburse the petty cash fund are to made ~avable to the Ctty of Denton 5 A petty cash voucher must be completed to support all disbursements of cash from the petty cash fund The petty cash voucher must be completed ~n its entirety and approved by the Depath.ent/Dlvlston Head prior to the disbursement of any cash from the custodtan 6 Each petty cash voucher must be accompanied by a recetpt ttcket upon reimbursement or return of unused funds 7 Three signatures are reqmred on all petty cash vouchers All petty cash vouchers must be signed by the employee receiving the cash and by the Department/Dlvtslon head approving the transaction The petty cash custodian will then stgn the voucher as cash ts actually &sbursed from the fund 8 Employees are not to be relmbursed for sales tax IttstheresponstblhtyoftheDepartment/Dlvlston Heads to ensure that employees are aware of the City's exempt status 10 Petty cash in advance is not to be held by any employee longer than a twenty-four period Receipts and used funds must be returned and be reconciled to vouchers w~thtn the twenty-four hour period 11 Expenditures for purchases made from the petty cash fund are not to exceed $50 00 Purchases that exceed $50 00 should be purchased on a departmental purchase requIsmon, as a normal purchase for items not regularly earned by Central Stores B Prohibited expenses include the following 1 Loans to employees 2 IOUs for employee personal use 3 Cashing personal checks for the Department/Dlwslon Head, petty cash custodian, or other employees 4 Traveling or trmmng expenses (~ e use of personal vehicle, parking and entettammant) - These expenditures should be reimbursed by submitting the proper expense report form to the Department of Budget and Management Services for audit, approval, and issuance of a reimbursement check Petty cash funds may be used for officml orgamzed actlwtles of the City Council or the various boards that function as part of City government C Documents Wluch Serve as Support for Dtsbursement of Petty Cash 1 A cash register receipt, prowded that the date is current enough to support said purchase, 2 Cash receipt t~ckets from the place of purchase prowded that the date is current, items purchased are hsted and the t~cket is s~gned by the employee as receiving sa~d merchandise, 3 Proof of purchase ~n the form ofa vahd receipt prowded the date is current and the type of the purchase or expenditure can be easily determined, and, 4 No refunds for purchases will be made without proof of purchase 5 A petty cash voucher properly completed with authorizations for a cash advance D Proper~ Completion of a Petty Cash Voucher I 1 All petty cash vouchers must be completed in mk or typewritten 2 Three s~guatures are required on all vouchers a) The Department Director must sign on the hne approving the transaction b) The petty cash custodian must sign or initial, beside the Department D~rector's s~gnature c) The employee receiving the cash must sign for cash received 3 The date of the petty cash disbursement must be completed 4 Items must be listed separately m the place prowded for each ~tem description and the md~vldual cost must be hsted separately under item pnee 5 The budget account number to be charged for the petty cash purchase must be properly completed 6 The three-part form is then to be separated The top, original copy of the voucher ~s to be retained by the petty cash custodian, while the second part of the form ~s to be returned and attached to the original to complete the transaction The third part of the form is to be retained for the department's records XI Regulation of Change Funds Changes funds, or cash drawers, are to be mmnta,ned for the purpose ofmahng change Change funds are not to be co-mingled with other cash funds Change funds are to be mmntamed only for this purpose and no department shall possess a change fund w~thout estabhshlng such a fund w~th the Director of Fiscal Operations A Maintenance cfa Change Fund 1 Each change fund should have one person responsible for that fund or drawer at any one given time In the areas where more than one change fund ~s used, each employee should work out of hls~ner own change fund Employees are not to work out of another employee's change fund 2 Each change fund should be established for a set amount as outlined in Section VII Establishment of Cash Funds, and this same amount should be mmntalned at all times If an increase m a cash fund is needed, a memorandum sent to the D~rector of Fiscal Operations outlining the need and amount of funds requested is requmed 3 Change funds are not to be used as petty cash funds They are to be used only for making change 4 Cash receipts are not to build up in a change fund These receipts are to be removed and deposited as outlined m Section XII Regulation of Deposits 5 Receipts for all cash should be utilized so that an audit may be done at any t~me and the amount of the change fund can be verified B Cashing of Personal Checks from a Change Fund 1 Cashing of personal, payroll, and expense checks is proh,b~ted from all remote change funds 2 Personal, payroll, and expense checks may only be cashed ~n the Central Cash Receiving Division (Customer Service) and is permitted ffadequate change is available m the cash drawer without depleting the change fund a) Cashing personal checks for employees m excess of fifty dollars is not to be allowed b) Any employee ~s not to cash more than one personal check daily 3 Any employee who has had two returned personal checks within a twelve month period will be den~ed check castnng pmaleges until such t~me that less than two checks have been returned in the most recent twelve months All employee checks returned to the City of Denton will be handled according to Section XIII Regulation of Return Cheeks XH Regulation of Deposits The City of Denton ut~hzes a central cash receiwng unit, as all momes are paid or deposited to the Customer Service Dlws~on Interdepartmental deposits made to the Customer Servme Division shall be made according to the procedure as outlined below City agencies, or departments, shall dehver their deposits daily to Customer Service before 5 00 p m if total receipts on hand are equal to or greater than $100 All deposits must be verified by a Customer Servme Custodmn Those depaflments that do not collect revenue on a daily bas~s, or whose deposit ~s not sufficient enough to make daily deposits, should make a deposit with the Cashrerlng Umt at least twice weekly One of these deposits should be made on Friday to prevent cash from being stored ~n their departments over the weekend Deposits for these departments should also be made the day prior to a scheduled holiday to remove all cash during a hohday A Preparation of a Deposit 1 All departments malang deposits w~ll be fumished vath a three (3) part deposit shp All three (3) copies of the completed deposit slip vall be forwarded with the deposit ~tself ~n locked deposit bags The deposit shp shall include the m~tlals of the person prepanng the deposit, as well as the department name, in the lower right hand comer of the slip 2 Deposit slips should be filled out to reflect currency (or bill), coin and check totals, w~th a sum total for these at the bottom An adding machine tape reflecting these totals should accompany the deposit slip to avoid the need for hst~ng each check separately 3 Departments (such as the Police and Parks and Recreation Departments) that collect monies to be posted to various accounts shall submit a summary sheet denoting the accounts that monies are to be posted to These summary sheets shall be included vath each deposit B Deposit and Verification of Rece~pts 1 Depomts shall be made to the Customer Service Dlwslon 2 When deposits are made to the Customer Sermce D~vlslon, the Chief or Lead RepresentaUve will verify the deposit by performing a recount of momes and a review of the deposit shp Once a deposit ~s verified as correct, a copy of the deposit slip vall be stamped by a verification stamp and returned immediately to the person mal~ng the deposit for the department's own record 3 The Cbaef or Lead Cashier vall maintain a logbook to record the receipt of locked bank bags vath deposits after she/he has completed verification The deposit date, bag number, and cashier lmUals vall be entered on the log upon deposit to indicate receipt The person dehvenng the locked bank bag will also lmtml the logbook to verify delivery 4 Each t~me a deposit is made, a new bank bag vall be issued to the person making the deposit Each department shall have designated bags for use by their department only C Mmntenance of BankBags and Keys 1 Bank bags with deposits shall be kept locked at all times when not prepanng or verifying deposits The keys to the locked bank bags vail be maintained by designated persons for each depositing department, the Chief or Lead Casbaer, and the bank 2 The Cluef or Lead Cashaer is responsable for ensunng safe transfer of all deposits to the armored ear service on a daily basis 3 It will be the responsibility of the Department Head to secure and limit access to bank bag keys Access to these keys should be limited to the person or persons prepanng the deposit Personnel changes which affect the possession of keys or the preparation of deposits should be reported to the Director of Fiscal Operations D Losses/Shortages/Overages The Dtrector of Fiscal Operations makes a clear distinction between a "Loss" and "Shortage" of City money This is determined by the cash handler's ability to obtain physical custody of the money and how that person safeguards the money 1 A shortage as an umntentlonal eollectann error such as a change making error An overage occurs when a cash handler has collected too much money and cannot lmmedaately return the excess to a specific customer 2 On the other hand, a loss of C~ty money as when a cash handler has obtained physacal custody of money and then due to reasons like negligence, an act of God or an unlawful actmn, cannot deposit that money into the City Treasury 3 An example of neghgance is leaving City money nnattended and not properly safeguarding that money from loss Cash Custodians must report all losses to their supennsor and the Dtrector of Fiscal Operations immediately A detailed statement as to the cn:cumstances of the loss must be forwarded to the Director of Fiscal Operatunns within twenty-four hours E Armored Car Procedures The Director of Fiscal Opemttons recognizes the advantage of maximizing cash handler safety and increasing the amount of deposited cash available to the City's investment programs Investment raceme from timely deposits prowdes addmonal revenue for City services As a result, the City has a contracted armored transport servace avmlable for the use of departments 1 The fund custodmn must prepare a receipt that lists each item or group of items to be picked up The armored car personnel will sign the receipt m acceptance of the deposit and prowde a copy of that receipt to the fund custodian Thas receipt should include the pick-up date and the number(s) impressed on the deposit hag(s) At this point the fund custodian's responsibility is released to the armored car service 2 Fund custodians are encouraged to identify armored car personnel by requesting to see then: ldent~fication and eompanng that ID against the armored car company's authorization last 3 A copy of the armored car receipt must be forwarded to the Customer Servuce Division ~ Regulation of Return Cheeks 1 All return checks will be charged a return check fee as determined by c~ty council The fee ~s appheable when a customer, taxpayer, or employee check for payment of fees, fmcs, court costs, taxes, utthtles, or other charges has been chshonored by the maker's bank and returned to the City of Denton The fee plus the base amount of check wdl be payable to the city by means of cash, money order, or cashiers cheek 2 If a customer, taxpayer, or employee fads to honor the returned check wathln thirty days, the check will be turned over for collection IVX Action Taken In Event of Theft The danger of security and loss is a constant threat when handling money Fund custodxans are expected to safeguard C~ty funds agamst loss Custodians should be famthar wath what to do m t~mes of emergency In these mmumstances, protecting human hfe should be the first concern In the event of theft from a fund or deposit, the following actions shall be taken nraned~ately A Report of Theft Upon d~scovery that a possible theft has occurred thc D~wslo~/l)epat~cment D~recto~ wall conduct an internal revaew of the cllcumstances to ensure against clemcal error If the rev)ew unveils a theft or a m~shandhne of funds, the Dlv~s~oWDepartment D~mctor wdl make a verbal report of the event to the Chxef of Pohce and the C~ty Manager w~th~n a twenty-four hour period These verbal reports me to be ~mrpedla~ely followed by a written a~eount ot the event and c~mmnstances surrounding the ~nc~dcnt 2 The Department D~rector will file a police report and the Police Department wall conduct an investigation and forward their findings to the City Manager 3 Upon rewew of the fmdmngs of the police mvesttganon, the C~ty Manager after consultation wath the Department D~rector will determine the appropriate actions, ~f any, to be taken If the pohce ~nvest~gatton ~ndmates the ~nvolvement of a mty employee, the D~reetor of Human Resources shall be not~fied and appropriate administrative actaons shall be ~mtmted 4 Following the Police investigation, a report of the findings wall be made to the Dn:ector of F~scal Operations The Director of Fiscal Operations wall conduct an audit to determine any changes to improve the cash handhng procedures The D~mctor ofF,seal Operations will prepare a report which wall ~nclude an analys~s of findmgs and any recommendations for improvement of cash handling procedures These recommendations should be d~scussed wath the Department D~mctor m order to amve at solutions for improved cash handlmg CITY OF DENTON, TEXAS CASH HANDL1NG CERTIFICATE OF RESPONSIBILITY I, , have read and understand the C~ty of Denton Cash Handling Regulations, Policy Number 403 01 and have completed a course of instruction and trmmng on the Department of Fiscal Operations Cash Handling Training Manual A copy of the Pohey and Cash Handling Trmmng Manual were provided to me on I agree to be the fund custodian of and be held responsible and accountable for the dally collection of tory funds according to the City of Denton Cash Handhng Regulations, Policy Number 403 01 and the Department of Fiscal Operations Cash Handling Tnunmg Manual for the Department located at ~n the amount orS I have also been reformed and understand that surveillance camera may be used to momtor city funds at flus location Signed Custodtan Date Department Dtrector Date Department of Ftseal Operattons Representattve Date RESOLUTION NO /~- ~' A RESOLUTION AMENDING THE FRY STREET SMALL AREA PLAN FOR OFF- STREET PARKING RECOMMENDATIONS AND IMPLEMENTATION ACTIONS FOR AREA IMPROVEMENTS, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton has formulated a new comprehensive plan to be adopted by the City Council, and WHEREAS, the Comprehensive Plan sets a framework for planning and strategy development for the entire City of Denton, and a small area plan, through the Small Area Planning Program, supplements the comprehensive plan with more detail necessary to guide everyday commumty development decisions, and WHEREAS, the City Council adopted the Small Area Planning Program and authorized the initiation of a small area plan for the Fry Street Area on January 6, 1998, and WHEREAS, the City Council adopted the Fry Street Small Area Plan as the first in a series of specific community plans to build on the work of the comprehensive plan on June 15, 1999, and WHEREAS, through a review process with Fry Street area residents, business owners and other area stakeholders, a framework of recommendations on future land use, transportation and public improvements has been formulated to assist with future decision making and case-by- case development of the Fry Street area, and WHEREAS, through additional review with Fry Street area residents, business owners, other area stakeholders and City Council have agreed that the off-street parking recommendation will be mmsed to include an interim revision of the off-street parking requirements for nonresidential development from one parking space per 200 square feet of gross floor area to one parking space per 400 square feet of gross floor area, while keeping all other provisions the same as provided in Exhibit A, and WHEREAS, the Fry Street planning area is identified as the area bounded by Welch Street to the east, Oak Street to the north, Avenue B to the northwest, Avenue A to the southwest and Mulberry Street to the south, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 That the Denton City Council amend the Fry Street Small Area Plan off- street parking recommendations as adopted by Resolution 99-025 as provided in Exhibit A which is attached to and made a part of this ordinance for all purposes SE.~_G_TLQ_.h~ That save and except as amended hereby the remmnmg sections, sentences and clauses of the Fry Street Small Area Plan and Resolution 99-025 shall remain in full force and effect SECTION 3 That th~s resolution shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED thls the /~-~ dayof %~~ ,2000 JA K~ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By ~. APPROVED AS TO LEGAL FORM Page 2 of 2 EXHIBIT A Fry Street Small Area Plan Zoning Overlay District Recommendation Amendments The Fry Street Small .4rea Plan page 50 These spaces could be made avadable to tenants wishing to convert ex~st~ng structures for uses other than those for which they cun'ently quahfy as a legally non-conforming use Spaces could also be used for a hm~ted amount of new construction However, the Building Inspections D~v~s~on would review any new construction that would cause a net loss of available parking m the area on a case by case bas~s Th,s option does not change the fact that two major property owners control the majority of the avadable parking m the Fry Street area It also does not address the problems w~th variances, Hlegally non-confomung uses, and legally non-conforming uses or b A Fry Street Zoning District is created (PT-4/PT~5) and all parking requirements in the Fry Street area, as an tlttertm measnre to be reevaluated at a later date by City Cot.tctl ~vill be reduced to 1 off-street parkmg space per 400 sq. -"'° ............. '" '""' "^ ^~'"""~""" Density recommendation Massing guldehnes and Floor to Area (FAR) minimums for new and existing construction xvIll be developed Anyone attempting to rezone properties outside the established Fry Street Area boundary for purposes of expanding the district will be subject to denial by the Board of Zoning Appeals and the City Council " .... ::1 ......... will allow for the expansion of existing businesses ......... ~ and pave the way for redevelopment tn the area A Fry Street Zoning Overlay District will also mtmm,ze ........... a the problems wtth variances, Illegally non-conforming uses, and legally non-conforming uses Also, by settmg density restrictions, the hkehhood of uncontrolled growth tn the area ts lessened As ~s the case w~th the first option, the Building Inspections Division would revtew any new construction in the Fry Street area on a case by case basis c Set area wide parking reqmrements and treat the Fry Street area as a single bus~ness ent~t) in relatmn to parking This option would determine parking requirements for the entire Fry Street area by comparing the total square footage of all businesses within the boundaries of the area to the total number of parking spaces avadable in the area The number of spaces required would be based on a ratio of one space for each 200 sq ft of floor urea for restaurant/bars and retail uses and one space for each 300 sq ft of floor area for office uses Th~s option allows for the expansion of ex~st~ng businesses and paves the way for new businesses to locate ~n the area It also ebm~nates the current problems w~th illegally non-conforming uses and legally non-conforming uses by making all uses conforming Also, by set~mg parking reqmrements based on certain uses, the bkebhood of uncontrolled growth m the area ~s lessened Th~s opnon also alleviates the problems assocmted w~th the fact that two property owners control the ma3 onty of the parking m the area As is the case wnh the first two options, the Building Inspections Dlws~on would rewew any new ex~st~ng structures creates a need for addmonal parking spaces, the ~nd~v~dual or enuty responsible for the ~ncrease wdl work together wnh the Fry Street Dxsmct and the C~ty to seek S \Our Documents\Resoluuons\OO\Overslght Committee Resolution doc RESOLUTION NO ~0 -~0~ A RESOLUTION APPOINTING A SPECIAL SEVEN (7) MEMBER OVERSIGHT COMMITTEE TO MONITOR, EVALUATE, AND REPORT ON THE PROGRESS OF THE FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM, SUBJECT TO THE AUTHORIZATION OF THE VOTERS AT THE BOND ELECTION ON JANUARY 15, 2000, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council has called and ordered a bond election for January 15, 2000, for the purpose of submitting to the voters of the City of Denton certmn capital Improvements, and WHEREAS, the Blue Ribbon Committee fulfilled its charge of making recommendations relative to the projects which should be submitted to the electorate and, among those recommendations was the suggestion that a special committee be appointed by the City Council to monitor, evaluate, and report on the progress of the Five Year Capital Improvements Program should the same be authorized by the voters, and WHEREAS, the City Council is desirous of accepting such recommendation, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City Council hereby appoints a special seven (7) member oversight committee to monitor, evaluate, and report on the progress of the Five Year Capital Improvements Program, authorized by the voters in the special election held on January 15, 2000 The committee shall also make reeommendaUons to the City Council for all projects in the miscellaneous paving improvements, traffic signals, trails/linkages, beautification, and sldewalkPo~keway fundmg categories SECTION 2 The seven member committee shall be made up of Eulene Brock, the Blue R~bbon Committee chmrperson, Tim Charles, co-chairperson, Tim Crouch, the Transportation Subeomunttee than'person, Jack Swanson, the Parks and Recreation chmrperson, Dorothy Damlco, Library Subcommittee chairperson, Greg Sawko, and Fran Morgan SECTION 3 That th~s resolution shall become effective lmme&ately upon its passage and approval PASSED AND APPROVED th~s the / ~ J day of ,2000 JACI~__~ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY /7 AP~h~-OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY / RESOLUTION NO ~z~l~ ~ ~/~ A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNATE TO TERMINATE TWO COMMERCIAL LEASES FOR SIGNBOARDS LOCATED NEAR THE INTERSECTION OF LOOP 288 AND THE DENTON RAIL-TRAIL (FORMERLY THE DENTON SUBDIVISION OF THE MISSOURI PACIFIC RAILROAD), AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, in early 1991, the Missouri Pacific Rmlroad Company, as Lessor, entered into two commercial leases for land located within the right-of-way of their Denton Subdivision, near its intersection with Loop 288, authorizing the lessees to place signboards in those locations, and WHEREAS, in 1993, the City of Denton, Texas acquired legal title to the right-of-way which is now burdened by these leases, and was assigned all operating agreements relating to the right-of-way, including all rights formerly held by the Mmsoun Pacific Rmlroad Company, as Lessor, and WHEREAS, the City of Denton, Texas now elects to terminate these leases simply as a prerogative of land ownership, and not as an exercise of police power, legislative authority or regulatory authority, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION I. That the City Manager or his designated representative is hereby authorized to act on behalf of the City of Denton, Texas in executing any document necessary or advisable to terminate the cornmermal leases which currently authorize the signboards located near the lntersectaon of Loop 288 and the Denton Rad-Trml, wlthoat the necessity of further action by the City Counml SECTION II, That this resolution shall become effective immediately upon its passage and approval PASSED PROVED this the/, day of 2000 JAC~.~LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ' Page 2 of 2 C \WlNDOWS\D0sktop\Rall Billboard Termlnalton doc RESOLUTION NO A RESOLUTION APPROVING A RIGHT-OF-WAY USE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND LAKEVIEW RANCH, L P, A TEXAS LIMITED PARTNERSHIP, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City Council of the City of Denton hereby approves a Paght-of- Way Use Agreement between the City of Denton and Lakemew Ranch, L P, a Texas hmlted partnership, a copy of which is attached hereto and Incorporated by reference herein, and the City Manager is hereby authorized to execute smd Agreement on behalf of the City ~ That this resolution shall become effective Immediately upon its passage and approval 0o0 - - ' JAC~.~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEO.~U FOmV~ ~E~ ~.~CITY ^TTOm',mY By RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS )( KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON )( THAT the City of Denton, hereinafter referred to as "CITY" does consent and agree to permit Lakevlew Ranch, L P, a Texas limited partnersbap, hereafter referred as "APPLICANT", to use a right-of-way dedicated to the City, Lakewew Boulevard, M Forrest Survey, Abstract Number 417, such right-of-way being described m Exhibits Al-A6, attached hereto, for the purposes of landscaplng,~mgatmn, a low masonry wall slgn at U S H~ghway 380 entry, 3-rallhorse fencmgand secondary entry monuments with overarebang s~gn framework, upon the following conditions 1 That APPLICANT, his successors or assigns shall mmntmn and keep in s~ghtly condmon all of the above described improvements situated ~n the right-of-way area and the CITY shall not become responsible for such mmntenance at any t~me in the future Upon removal of such Improvements and the payment of all costs m connection therewith, APPLICANT'S duties hereunder shall terminate The CITY agrees that its obligations to mmntsan Lakewew Boulevard as a dedicated right-of-way w~th~n the CITY shall not be d~m~mshed in any way as a result of this Agreemenl, except for the ma~ntananee of the improvements provided for m this Agreement 2 That APPLICANT shall and does hereby agree to ~ndemmfy and hold harmless CITY from any and all damages, loss or habahty of any k~nd 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, bas officers, agents, employees, mvitees or other persons, w~th regard to the ~mprovements and maintenance of such tmprovements, and the APPLICANT shall, at his own cost and expense, defend and protect the CITY against any and all such clmms and demands 3 That APPLICANT shall purchase and moantmn Commercial General Lmblhty Insurance naming thelCITY as an "additional insured" for damages arising from the construction, moantenance and removal of the ~mpmvements authorized above w~th a hms of not less than $250,000 00 for each person andl$$00,000 00 for each single occurrence for bodily tnjury or death and $100,000 00 for each s~ngle occurrence for ~njury to or destruction of property 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 m the right-of- way to be discontinued and/or removed, at the direction of the CITY, within thirty (30) days of notafieation by CITY, that the City Council has directed the use of the right-of-way by the APPLICANT be discontinued, and the costs associated with the dlscontanmng of such activities, and the removal of such unprovements shall be bome by the APPLICANT 5 That, APPLICANT, its successors or assigns shall not seek compensation from CITY for loss of the value of the improvements made hereunder when such improvements are required to be removed by APPLICANT 6 That APPLICANT shall place upon the face of each overarchlng sign support column, on a reasonably conspicuous area, a permanent sign plat of 3 inches in height and 5 inches m width that displays the text illustrated m "Exhibit B" attached herewith The sign plate shall be ofsueh plastae or metal material to withstand the effects of the elements over tame and shall be attached with fasteners of industry standard Specific sign plate features shall be at the discretion of the APPLICANT This Agreement shall be binding upon and inure to the benefit of the APPLICANT and the CITY, and their successors and assigns, including the Lakevlew Ranch Homeowners' Association, Inc hereinafter, the "ASSOCIATION",anon-profit corporatlonwhlchhas beenorgamzed under the laws of the State of Texas Upon assignment of this Agreement by APPLICANT to the ASSOCIATION, and the assumptaon of APPLICANT'S duties and obligations by the ASSOCIATION, APPLICANT shall be released from all further liability hereunder The Declaration of Covenants, Conditions and Restrtctaons For Lakevlew Ranch, Phase I (the "Declaration") shall conttun a provision providing that the ASSOCIATION shall be responsible for the performance of all obligations of the APPLICANT under this AGREEMENT and shall provide for adequate maintenance of the improvements provided for in this Agreement, including establishing a reserve to cover the cost of removal of the improvements, such reserve to be in the amount reasonably required 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 ownOrs w~tlun Lakevlew Ranch, Phase I which assessments shall be sufficient to support the proper mtuntenance of the improvements and the above referenced reserve for removal of smd improvements The Declarataon shall contmn a clanse in bold type statang THAT THIS RESERVE FOR REMOVAL OF THE IMPROVEMENTS LOCATED IN THE RIGHT-OF-WAY SHALL Page 2 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 improvements from the right-of-way and presentation to the CITY of reasonable doeumantatlon showing the payment of all costs and expenses recurred in connection therewith Prior to entering upon the right-of-way area the APPLICANT shall submit to the City Attorney a copy of the Declaration for review and approval IN T~STIMONY,~XrI-IEREOF, _APPLICANT executes this Right-of-Way Use Agreement on th,s/~ ~ day of ( U_~/b'l, aO'~ , 2000 L~EVIEW ~CH, L P, A Texas L~m~ted P~ersh~p By L~ewew ~ch, G P, Inc, CITY OF DENTON, TE~S A Tex~ Co~orat~on, General P~er By M~el~ J~z ~' I By N~cholas ~mofido Cay M~ger ~ President (APPLICANT) STATE OF TEXAS )( )( COUNTY OF DENTON )( Before me, a notary pubhe, on the ff-~ day of J~.~d,/.zh~, 2000, personally appeared Michael W Jez, known to me to be the person wh~e name ~s s~senbed to the foregoing document and, being by me first duly sworn, declared that the statements therein contained are true and correct ~ /~3~2:~ ANN FOFISYTHE [ { (. ~'~'.~ ~o,, pu~,,o, s.~te o,-rex.. E Notary Public, State of Te~s )~ ~. ~ 1~ J ! My Comml~lon Expires ~ ~ ~.~.~r,,~,~/ MAY 9, 3002 ~[ P~e3 STATE OF TEXAS )( )( COUNTY O~ )( Before me, ~nmOmt oar~ndPo,U~,w~On~heme/tt~o bl~bed~eO~er n~whos~2u0b0s: ~on~ye appeared Nicholas 'n foregoing document and, being by me first duly sworn, declared that the statements therein eontmned are ~'ue and correct t~ - Not~ Pubh¢, Stats o~'Te~.~ Page 4 "EX]-IIBIT B" PRIVATE IMPROVEMENT WITHIN PUBLIC RIGHT-OF-WAY NO ADDITIONS OR ALTERATIONS WITHOUT PRIOR REVIEW AND APPROVAL BY THE CITY OF DENTON Next Document F \sharcd~dopt~LGL\Our Docun~nts\R~solutlons\OO\Cnmmal Justice doc RESOLUTION NO 4~}-~)~)q A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING CONTINUED FUNDING FOR ONE (1) JUVENILE/DOMESTIC VIOLENCE INVESTIGATOR AND ASSOCIATED TRAINING AND SUPPLIES FOR A FAMILY SERVICES UNIT, AND PROVIDING AN EFFECTWE DATE WHEREAS, the City of Denton is eligible to receive funds from the Cnmtnal Justice Division of the Office of the Governor, State of Texas, and desires to increase the effecUveness of the Denton Police Department's efforts to resolve problems associated with juvenile crime and family violence, and WHEREAS, in order to receive such funds, ~t is necessary for the Council of the City of Denton to authorize the subunsslon of an apphcauon to the Criminal Justme Dlvmon of the Office of the Governor, State of Texas, requesUng continued funding for one (1) juvemle/d0mestm violence investigator and associated training and supplies to be dedicated to the ~nvest~gat~on of criminal offenses mvolmng juvemles and famdy wolence, and WHEREAS, the Council of the C~ty of Denton finds ~t in the best ~nterests of the citizens of the City of Denton, that the Family Services Umt be operated from 09/01/2000 through 08/31/2001, and WHEREAS, the Council of the City of Denton has conmdered the proposed application for State and Federal Assistance for smd project, in the amount of $12,624 to be submitted to the Office of the Governor, Criminal Justice Dlwslon, and WHEREAS, the Council of the City of Denton has agreed to provide matching moneys for the smd project m the amount of $59,049, or an amount equal to four-fifths of the total project cost as required by the grant apphcatlon, and WHEREAS, the Council of the C~ty of Denton has agreed that in the event of loss or misuse of the Criminal Justice Division funds, the City Councal assures that the funds will be returned to the Criminal Justice Division an full, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1. The City Cotmcfl of the City of Denton approves submission of the grant application for the Family Services Unit to the Office of the Governor, Criminal Justice Dlmslon (CJP 421) Program in the amount of $12,624 00 ~ That the City of Denton, Texas, certifies that ~t ~s eligible to continue to receive a funding allocation from the Criminal Justice Dlmsmn of the Office of the Governor, State of Texas, for one (1) ~nvest~gator to be used in the ~nvest~gat~on of criminal offenses ~nvolvmg juvemles and family wolenee and associated trmmng and supphes, SECTION 3 That the C~ty Council anthonzes and directs the C~ty Manager, or h~s designee, to represent and act on behalf of the C~ty of Denton in applying for and working w~th the Criminal Justice D~ws~on of the Office of the Govemor, State of Texas, ~n regard to such grant applieataon SECTION 4. That the Cluef of Pohce shall forward a copy of th~s resolution to the Criminal Justice D~vls~on of the Office of the Governor, State of Texas SECTION 5, That th~s Resolution shall become effective ~mmedmtely upon ~ts passage and approval PASSED ' ROVED sthe dayof ,2000 JAC~ ATTEST JENNIFER WALTERS, CITY SECRETARY API~OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY \\CH LGL\VOLl~shared~deptkLGL\Our Documents\Resolut~ons\00\Crlmmal Justice doc RESOLUTION NO 4~0~ 0/0 A RESOLUTION AMENDING RESOLUTION NO R99-045, AS AMENDED, PASSED BY THE CITY COUNCIL ON SEPTEMBER 7, 1999 TO ADD PROJECTS NECESSITATED BY THE NEED TO ACQUIRE PROPERTY NEAR CITY HALL EAST FOR CITY HALL EAST RENOVATIONS, NEW ERCOT REQUIREMENTS, WATER TREATMENT PLANT EXPANSION, AND ADDITIONAL SEWER LINES, TO THE UTILITY AND GENERAL GOVERNMENT CAPITAL IMPROVEMENT PROGRAM FOR 2000-2004, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on September 7, 1999, the City Council passed Resolution No R99-045 adopting the Capital Improvement Plan proposed by the Planning & Zoning Commission and the Public Utilities Board for 2000-2004, and WHEREAS, on January 18, 2000 Resolution No R99-045 was amended by Resolution No R2000-002 to add projects approved by the voters at the January 15, 2000 general obligation bond election to the general government Capital Improvement Program for 2000-2004, and WHEREAS, prior to the passage of Resolution No R99-045, respectively on June 7, 1999 and June 9, 1999, the Public Utilities Board and the Planning & Zomng Commission recommended the utility and general government capital improvements to be constructed dunng the forthcoming year in accordance with provisions of the City Charter, and WHEREAS, since those recommendations and the adoption of the 2000-2004 Capital Improvements Program, the need has arisen to increase funding for the existing City Hall East renovation project to acquire property located near City Hall East, to meet new ERCOT planning criteria reqmnng additional electric transmission and distribution capital projects, to increase the treatment capacity of the new water treatment plant, and to increase the amount of funding needed for sewer line projects to meet an increase in customer demand, and WHEREAS, on September 7, 1999 the City Council approved the funding of renovations at City Hall East, and on February 21, 2000 the Public Utilities Board recommended these additional utility projects be added to the Capital Improvement Program and to be constructed dunng the forthcoming year in accordance with the provisions of the City Charter, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That Resolution No R99-045, as amended, is hereby amended to add the capital improvements shown on the 2000-2004 Utility and General Government Capital Improvement Program exhibit, which is attached hereto and made a part of thls resolution for all purposes as if wntten word for word herein, to the Capital Improvement Program 2000-2004 and authorizing these additional capital improvements which are proposed to be constructed dunng the forthcoming year SECTION 2 That save and except as amended hereby, all the remmmng sections, subsections, paragraphs, sentences, clauses, and phrases of Resolution No R99-045 and Page 1 Resolution No R2000-002 of City of Denton, including the hst of capital Improvements attached to those resolutions, shall remain ~n full force and effect SECTION 3 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ~? day of ~/~. ,2000 J CK I~ER, MAYOR - ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 2 0 0 CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT EXISTING YEAR DIV/DEPT PROJECT NAME BONDS 99 2000 Trans Bnnker Road 99-2000 Trans Traffic S~gnals 99-2000 Trans Pavmg/S~dewalks/B~kelanes 99-2000 Trans Bonnm Brae 99-2000 Trans Fry Street 99 2000 Parks Upgrade Parks 99 2000 Parks Community Park Land AcClummon 99 2000 Parks Beautification 99 2000 Build/Equip North Branch L~brary/Emdy Fowler Renovation ** 99-2000 Build/Equip Facd~t¥ Renovations ** 99-2000 M~sc Development Code and Re-w.te of Development Code TOTAL 2000-01 Trans Traffic Signals 2000 01 Trans Hickory Creek 2000 01 Trans Pawng/S~dewalks/Bikelanes 2000-01 Trans US 77 2000~01 Trans Loop 288 (12,O00') 2000-01 Trans Widening Highway 2181 2000-01 Trans Windsor Interchange 2000-01 Trans Miscellaneous Paving 2000 01 Parks Upgrade Parks 2000 01 Parks Community Park Land Acqu~smon 2000-01 Parks Trads/Linkages 2000-01 Parks Beautification 2000-01 Build/Equip North Branch Library/Emily Fowler Renovation TOTAL 2001 02 Trans Traffic S~gnals 2001-02 Trans Pawng/S~dewalks/B~kelanes 2001-02 Parks Aquatic Center 2001-02 Build/Equip North Branch Llbrar¥/Emdy Fowler Renovation TOTAL 2002 03 Trans Traffic S~gnals 2002-O3 Trans Ramp Reversal (L~lhan Mdler/288/I 35) 2002 03 Trans Pawng/S~dewalks/B~kelanes 2002-03 Trans Fort Worth Dnve (widen) 2002 03 Trans McK~nne¥ Street 2002 03 Trans H~ghway 380 (US 77 to I 35) 2002 03 Trans A~rport Control Tower 2002 03 Trans Mass Transit Imtmt~ves 2002-03 Trans M~scsltaneous Paving 4 "CeE:c~ted to Quality Se;~ce" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT (Cont) TOTAL (MEMO) REQUIRED AID TOTAL OPERAT AUTH UNAUTH OTHER CITY IN PROJECT AND UNISSUED UNISSUED * FUNDING CONST COSTS MAINT 900,000 900,000 900,000 200,000 200,000 200,000 500,000 500,000 500,000 250,000 250,000 250,000 250,000 250,000 250,000 210,000 210,000 210,000 400,000 400,000 400,000 40,000 40,000 40,000 1 000,000 1,000,000 1,000,000 2,370,000 2,370,000 2,370,000 405,000 405,000 405,000 $3,750,000 82,775,000 6,525,000 $ 6,525,000 150,000 150,000 150,000 750,000 750,000 750 000 500 000 500,000 500,000 1,450,000 1,450,000 1,450,000 1,000 000 1,000,000 1,000,000 250,000 250,000 250,000 500,000 500,000 500,000 1,000 000 1,000,000 1,000,000 460,000 460,000 460,000 21,115 1,400,000 1,400,000 1,400,000 250,000 250,000 250,000 40,000 40,000 40,000 350,000 350,000 350,000 98 100,000 $ $ $ 8,100,000 $ $ 8,100,000 $ 21,115 150,000 150,000 150,000 485,000 485,000 485,000 4,000,000 4,000,000 4,000,000 887,000 4,250,000 4,250,000 4,250,000 1,513,995 $8,885 odo $ $ $ 8,885,000 $ ~ 8,885,000 92,400,995 150,000 150,000 150,000 500,000 500,000 500,000 515,000 515,000 515,000 1,000,000 1,000,000 1,000,000 250,000 250,000 250,000 250,000 250,000 250,000 500 000 500,000 500 000 271,000 225 000 225,000 225,000 1 500 000 1,500,000 1,500,000 5 "D&~cated to Quality $~vi¢~ ' CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM I3ENERAL GOVERNMENT EXISTING YEAR DIV/DEPT PROJECT NAME BONDS 2002-03 Perks Upgrade Perks 2002-03 Parks Additional Athletm F~elds 2002-03 Parks Tra~ls/L~nkagea 2002-03 Parks Beautification 2002-03 Parks Amencan Legion Hall Annex 2002-03 Bu~ld/Eqmp Ja~l Expansion TOTAL $ 2003-04 Trana Traffic S~gnala 2003-04 Trans Pav~ng/S~dewalks/B~kelanes 2003-04 Trans 377 Alternate 2003-04 Trans Loop 288 (26,000') 2003-04 Trana Land Acqum~tmn - A~rport Runway 2003-04 Trans H~ghway 2499 2003-04 Trans FM 1830 2003-04 Parks Upgrade Parks 2003-04 Parks Trada/L~nkagea 2003-04 Parks Beautification 2003-04 Parks C~wc Center Upgrade and Improvement 2003-04 Build/Equip North Branch Library/Emily Fowler Renovation 2003-04 Build/Equip F~rearms Facility TOTAL $ * Includes certificates of obhgat~on, fund balance, and General Fund resources ** Add~tmnal projects to be funded through the ~ssuance of certificates of obhgat~on 6 "C~,~c~ted to Quality $6~-v~c~" CiTY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT (Cont) TOTAL (MEMO} REQUIRED AID TOTAL OPERAT AUTH UNAUTH OTHER CITY IN PROJECT AND UNISSUED UNISSUED * FUNDING CONST COSTS MAINT 690,000 690,000 690,000 21,115 550,000 550,000 550,000 158,110 220,000 220,000 220,000 22,390 40,000 40,000 40,000 175,000 175,000 175,000 500,000 500,000 500,000 165,084 $6,565,000 $ $ 500,000 $ 7,065,000 $ $ 7,065,000 $ 637,699 150,000 150,000 150,000 500,000 500,000 500,000 1,900,000 1,900,000 1,900,000 250,000 250,000 250,000 220,000 220,000 220,000 500,000 500,000 500,000 300,000 300,000 300,000 640,000 640,000 640,000 21,115 170,000 170,000 170,000 22,390 40,000 40,000 40,000 850,000 850,000 850,000 1,200,000 1,200,000 1,200,000 350,000 350,000 350,000 12,520 96,720,000 $ $ 350,000 $ 7,070,000 $ $ 7,070,000 $ 56,025 7 "D;~,~cated to Quality,=,,," ......... RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MAN- AGER TO SIGN AND TRANSMIT THE UPDATE FORM TO THE PUBLIC UTILITY COM- MISSION OF TEXAS CALCULATING THE ACCESS LINE FEES THAT THE CITY OF DENTON IS AUTHORIZED TO CHARGE CERTIFICATED TELECOMMUNICATION PROVIDERS FOR USE OF ITS RIGHTS-OF-WAY TO BE PAID THE CITY UNDER HOUSE BILL 1777 AND ALLOCATED TO EACH CATEGORY OF ACCESS LINE WITHIN THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE WHEREAS, by Resolution No 99-064 passed by the City Council on November 16, 1999, the City of Denton authorized the Public Utility Commission of Texas ("PUC") to set the allocation formula that determines what portion of the base amount (annual franchise fee or right-of-way use fee paid by the certified telecommunication providers) to be prod the City under House Bill 1777 wall be allocated to each category of access lines within the City of Denton, and WHEREAS, the PUC has set the allocation formula and has calculated the amount the City may charge certified telecommumcatlon providers to be allocated among the three catego- ries of access lines that have been established by the PUC, and WHEREAS, the City Manager, the Assistant City Manager for Fiscal and Munmlpal Ser- vices, and Diversified Utlhty Consultants, Inc have exammed the Update Form from the PUC estabhslung the allocations and the maximum fee per access line rates to be charged certified telecommumcatlon providers within the City and have determined that the charges are reason- able for each class, comparable with the rates established for other area cities, will generate in- come comparable to franchise fees received from telecommunication providers prior to the pas- sage of House Bill 1777 and are not chscnmmatory or excessive, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City Manager or his designee is hereby authorized to execute the attached Update Form, which is attached hereto and made a part of this resolution for all pur- poses, to sign all other documents and take any other action necessary to establish the maximum fee per access lme that the City of Denton may charge to certificated telecommunications pro- viders utilizing the City's rights-of-way The City Manager or his designee is hereby directed to transmit that form to the PUC on or before April 1, 2000 SECTION 2 That this resolution shall become effective immediately upon Its passage and approval PASSED AND APPROVED this the _,.~F. ff_ day of ~ 2000 JA~ilILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY AP~OVgD AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ? Page 2 OTo: Garnet Elklns Update Form I', R 1: ZOO0 pubhc Utility Comm ss,on of Texas p.o. Box 13328 Please return this form AS SOON AS Austin, Texas 78711-3326 POSSIBLE and NO LATER THAN APRIL 1, 2000 You can update the following (a) Base amount, (b) AIIocahon (If you peHormed your own allocation), or (c) Your rates, if you . prefer lower than the PUC Knstm Newman Established Maximum Rates Asmstant Dtrector of Managem City of Denton Updating (a) or (b) will result In 215 E MclQnney revised PUC rates The PUC will use Denton the updated figures to establish TX 76201 updated maximum rates no later than , April 15,2000 Your rates were calculated using these figuras FILL IN THE APPROPRIATE BLANKS BELOW I BaseAmount reported to the PUC I $105485107 I IfthePUC used an incorrect base amount or tf you reported an incorrect base amount, state your new 2 Adjustments made by the PUC to the base amount here Base Amount due to escalation adjustments or to remove Ineligible You must attach appropriate supporting fees The PUC used 14 months of $0 00 I documentation and calculations to change your base escalation to set rates (1/99 - 2/00) ' amount The new base amount is 3 Final base amount used to establish rates $1 054,851 07 1 4 Did your municipality request the Yes1 If you performed your own allocation, but are not PUC to determine the allocation for satisfied with the rates, you can change your your municipality allocation All allocations must be given as a ratio If you chose the P U C's allocation, you can change It 5 The allocations used to eetebllsh rates were once every 24 months by notifying the P U C no later than Sept 1 each year Ratio1 [ ~] Cat1% ~ Update Ratio1 for Category 1 RaUo2 [ 2 31 Cat2% 01 Update Ratio2 for Category 2 Ratio3 [ 3 51 Cat3% 01 Update Ratio 3 for Category 6 PUC Established Maximum Fee Per Access Line Rates Choosing lower than PUC Established Maximum Rates You can choose a lower rate than the PUC established maximum rates You can increase your rates once a year for the next calendar year up to Category I Rate (Residential) [ $1 34 ] the maximum rate by notifying the P U C no later than Sept I of each y~ar of increase Category 2 Rate (non-Residential) [ $3 08 I Lower Rate for Category 1 Lower Rate for Category 2 Category 3 Rate (point-to-point) [ $4 68 ] Lower Rate for Category 3 7 I authorize the reduction of my base amount by the amount of Lifeline Customer Compensation YES. (This authorization will exempt Lifeline customers from access line fees and wdl reduce your franchise compeneat~on) [~-ormmust ;e $1gp;;~;~-rctu;n--m:l by April ,,/be con--sl;erm:l v-alk~ l~l;i, form back to the PUC ,o the attention of Garnet Elklns at th~ above address ]AThls forfn Is attested by an officer or authorized representative of the municipality under whose dir~.nJhe retof/~?~.par~d or other official In responsible charge Slgnature/Nam~4'~j~/~f/~"J~'..~ , Michael W. 3ez Date 03/28/00Ph# 940/349-8307 Page 365 ~ v Public Utility Commission of Texas Pat Wood, III 1701 N. Congress Avenue Chairman P O. Box 13326 Judy Walsh Austin, Texas 78711-3326 Commissioner 512 / 936-7000 · (Fax) 936-7003 Brett A Perlman Web Site. www puc stateJx us Commissioner Re Access line rates under House Bill 1777 - Telecommunications Franchise Law Response is Required by April 1, 2000 To All Texas Municipahaes Thank you for providing information regarding telecommunications franchise compensation (Base amoun0 in your mummpahty The Public Utility Comnussion of Texas (PUC) used this information to establish maximum fee per access line rates for your municipality Your mumcxpahty will be compensated for rights-of-way usage by Certificated Tele. communicatmes Providers (CTPs) on a fee-per-line basis using these rates These mammum rates were established by the PUC using your filed base amount divided over the total number of lines, by category, reported by CTPs The three categories (residential, nonresidential, and point-to-point) have unique rates in accurdance with the allocation each cxty chase If You are not satisfied with tbese rates, there may be several reasons I Problem ~ Possible reasons Solution Rates are I Incomplete line count Contact your talecommumcatlon providers and request that complete too high information llne counts be forwarded to the PUC before April 1, 2000 , Allocating (1) Consider reallocation, or (2) choose lower than the PUC , d~spropertionately high estabhshed maximum rate The rates can be annually adJusted within base amount to a category the maximum rates by not~fymg the PUC before Sep I of each year that has too few lines The adjnstments will be effecUve for the next calendar year Base amount may be Confirm that the base amount you reported includes only fees for 1998 incorrect telecommumcatmns franchise payments No long distance fees should be included Escalations only through March I, 2000 is allowed $0 rates for No line count mfurmatioo There may be no lines in that category yet in your municipality If you one or all ,was provided for that believe that there are lines m that category, contact your categories category teleconunumcataons provider and request that line counts be forwarded to the PUC before April 1, 2000 $0 rates for Il'lo allocataon of the base Consider reallocation of the base amount to the category that has zero a category , amount to this category rates using the Update Form Provide allocation as ratios of final rates that has was prowded dezn'ed A ratio will allow the PUC to set rates even for a category that ' lines has 0 lines m~r*ally Rates are Allocation of base amount Same es above If unsure of what ratios to use, use the P U C's default low for one ~to that category waq too allocation of 1 2 3 3 $ You may change this ratio once every 24 category small months Rates are ~ncorrect base amount Use the Update Form to update your base amount and return it back to Iow for aH mformatlon the PUC no later than April 1, 2000 You must attach supporting categories documentatlnn and calculations to update your base amount Lifeline and The attached rates apply Indicate on the attached Update Form whether you w~sh to forgo Tel-assist to all classes of customers compensation from lifeline customers Then, Lifeline customers in customers lnaludmg Lifeline and your municipality will not be assessed these rates However, you are not Tel-assist customers cannot recover this compensation from other customer classes The exempted rates of other customer classes (or categories) cannot be raised to compensate for forgoing compensation from hfehne customers The citizens CTPs are allowed under state law to pass through the municipal fee in your to their end use customers, and tn most instances they do you should conunumty directly work with your CTPs if you have concerns about the pay these municipal pass through fees fees INFORMATtON SYSTEMS (512) 9 S 7090 REGULATORY AFFAtRa (S12) 830 7300 CUSTOMER HOTLINE ($12) 936 7120 TTY (512) 9;)6 7136 (888) ;'82 8477 Nex D oeument RESOLUTION NO /~0~(~ -- (J/O3'' A RESOLUTION ALLOWING LULAC TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO CELEBRATION ON MAY 6, 2000, UPON THE CONDITIONS OF OBTAINING BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING GENERAL LIABILITY INSURANCE, AND AGREEING TO iNDEMNIFY THE CITY FOR ANY LIABILITY, AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT FOR THE CONDITIONS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the C~ty of Denton ("C~ty") ~s the owner of the C~wc Center Park and through the Park and Recreations Department co-sponsors a C~nco De Mayo Celebration at the C~wc Center Park, WHEREAS, the consumption of aleohohe beverages IS allowed ~n the C~wc Center Park pursuant to Cay of Denton Code, {}22-32 (b), WHEREAS, LULAC has been a major parhc~pant in th~s event and has used th~s event as a fund rinser for ~ts scholarship program, and WHEREAS, LULAC has requested that they be sole partm~pant allowed to sell alcohohc beverages at tins year's C~nco De Mayo Celebration on May 6, 2000, and WHEREAS, the Parks and Recreation Board has recommended that LULAC be the sole participant allowed to sell alcohohc beverages at the Cxnco De Mayo Celebration, and WHEREAS, the C~ty 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 That LULAC shall be the sole partm~pant allowed to sell alcohohc beverages at the Cmeo De Mayo Celebration on May 6, 2000 at the ClvlC Center Park upon the following conditions 1 That they shall be responsible for rental of any booth space necessary, 2 That they be responsible to obtmn the temporary hcense and penmt for selhng alcohohc beverages approved by appropriate state agency, 3 That they prowde the security necessary for the sale of alcohohc beverages, 4 That they prowde general comprehensive habfl~ty ~nsurance from a responmble career, w~th the C~ty as an addlt~onal ~nsured, ~n the amount of $500,000 00 5 Agrees to lndemmfy the Clty of Denton agmnst any hablhty lnmdent to the selling of alcoholic beverages at the Clneo De Mayo Celebratton Ei~S._E.Q.T.I.Q]2L~ That the City Manager is authorized to execute the agreement attached as Exh~bR "A" and incorporated hereto as ~f cop~ed word for word, setting out the conditions set forth above without further actmn by the C~ty Council SECTION 3, That this resolution shall become effective immediately upon ~ts passage and approval P^SSED ~ ~PROVED thl~ the 4*~ -- dayof ~2~Z/ ,2°°° JAC M~J~ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY AP AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY F ~shared\depfiLOL\Our Documents\Resoluttons\00\Cmco Da Mayo alcohol sell doc CIVIC CENTER AGREEMENT FOR THE CINCO DE MAYO CELEBRATION STATE OF TEXAS § COUNTY OF DENTON § Thls Agreement, made this [-r'- day of ~.~/, , 2000, by and between the City of Denton, a municipal eorporat, on, hereinafter r~eferred to as the "CITY" and LULAC a non profit corporation WITNESSETH, that in consideration of the covenants and agreements here~n contmned, the parties hereto do mutually agree as follows ARTICLE 1 GENERAL The City grants to LULAC the exclusive privilege to sell alcohohc beverages, subject to the exceptions and conditions herematter set forth, for the C~nco De Mayo celebration on May 6, 2000 to be held at the Civic Center Park Attached hereto is a copy of the resolution passed by the C~ty Cotmcfl of Denton, Texas authorizing th~s privilege and ~s attached as Exhibit "A" and ~s incorporated hereto as if cop~ed word for word This pnwlege does not extend beyond the date of the C~nco De Mayo celebration set for the year 2000 ARTICLE 2 SCOPE OF SERVICES LULAC ~n order to exermse the pnwlege to sell alcoholic beverages must perform the following A LULAC shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the C~nco De Mayo Celebration B LULAC shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Clnco De Mayo Celebration C LULAC shall be solely responsible for the obtmmng and paying for any security necessary for their sale of alcoholic beverages at the Clnco De Mayo Celebration LULAC's failure to do any of the above and to show proper proof of comphance shall waive their right to exem~se the pnvflege of selhng alcoholic beverages at the Clnco De Mayo Celebration ARTICLE 3 LOCAL RULES AND REGULATION LULAC agrees to ab~de by all mumc~pal, county, state and federal laws, ordinances, rules and regulatmns and specffically, without hm~tatmn, the Denton Clwc Center Rules and Regulatmns, to obtmn all necessary and proper heenses, permits and authonzatmns, and to comply with the reqmrements of any duly authorized person acting in conneetmn therewith LULAC shall pay all taxes, ff any, of every nature and description arising out of or m any manner connected w~th the sale of alcohohc beverages LULAC will exercme reasonable care and due dd~gence m their sale of aleohohc beverages at the C~nco De Mayo Celebration ARTICLE 4 INDEMNITY AGREEMENT LULAC SHALL mdemmfy and save and hold harmless the CITY and ~ts officers, agents, and employees from and against any and all llab~hty, clmms, demands, losses, and expenses, including but not hmlted to, court costs and reasonable attorney fees mere'red by the CITY, and ~neludlng, w~thout hmltatlon, damages for bochly and personal mjury, death and property damage, resulting from the neghgent acts or om~ss~ons of LULAC or ~t officers, shareholders, agents, or employees m the executmn, operatmn, or performance of flus Agreement Notlung m th~s Agreement shall be construed to create a habthty to any person who ~s not a party to tbas Agreement, and nothing hereto shall waive any of the part~es' defenses, both at law or eqmty, to any claim, eanse of action, or litigation filed by anyone not a patty to flus Agreement, including the defense of governmental ~mmumty, which defenses are hereby expressly reserved ARTICLE 5 INSURANCE During the performance of the Agreement, LULAC shall malntmn the following insurance w~th an ~nsuranee company hcensed to do bus~ness ~n the State of Texas by the State Insurance Commission or any successor agency that has a rating w~th Best Rate Careers of at least an A- or above A Comprehensive General Lmb~hty Insurance w~th bodily inJUry hm~ts of not less than $500,000 for each occurrence and not less than $500,000 ~n the aggregate, and w~th property damage hm~ts of not less that $100,000 for each occurrence and not less than $100,000 m the aggregate B LULAC shall furmsh insurance certificates or ~nsurance pohe~es at the CITY'S request to ewdence such coverages The insurance pohmes shall name the CITY as an additional ~nsured on all such pohmes, and shall contmn a prows~on that such ~nsurance shall not be canceled or modffied w~thout written notme to the CITY and LULAC In such event, Cmco De Mayo Celebratton Agreement - Page 2 LULAC shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage ARTICLE 6 NOTICES All notices, commumcatlons, and reports required or permitted under this Agreement shall be porsonally delivered or totaled to the respective parties by depositing same m the United States mall to the address shown below, certified mtul, return receipt requested, unless otherwise specffied hereto Moaled notices shall be deemed communicated as of three (3) days' mmhng To LULAC To CITY LULAC CITY OF DENTON Michael W Jez, City Manager 215 E Mclrdnney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mmhng ARTICLE 7 ENTIRE AGREEMENT Tins Agreement, consisting of five (5) pages and / exinblts, constitutes the complete and final expression of the agreement of the parties, and is Intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof ARTICLE 8 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent junsdactlon 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 tins Agreement to replace such smcken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision DISCRIMINATION PROHIBITED In performing the services required hereunder, LULAC shall not discriminate agmnst any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap C~nco De Mayo Celebration Agreement - Page 3 PERSONNEL A LULAC represents that it has or will set.e, at its own expense, all personn¢l required to perform all the services reqmred under this Agreement Such personnel shall not be employees or officers of, or have any contractual relations with the CITY ASSIGNABILITY LULAC shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY ARTICLE 12 MODIFICATION No waiver or modification of flus Agreement or of any covenant, condition, or hmltatlon herein contmned shall be valid unless in writing and duly executed by the party to be charged therewith, and no credence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed, and the parties further agree that the provisions of this section will not be waived unless as set forth herein MISCELLANEOUS A The following exhibits are att~hed to and made a part of this Agreement (hst exhibits) Exhibit "A" Resolution No ~(~t~E~ -x'd/tO. B Venue of any stat or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be construed in accordance with the laws of the State of Texas C The eaptluns of this Agreement are for Informational purposes only, and shall not in any way affect the substantive terms or conditions &this Agreement 1N WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and LI_J[AC has executed this AKreement through its duly anthonzed undersigned officer on thru the ~ day of~ 2000 Cmco De Mayo Celebratton Agreement - Page 4 CITY OF DENTON, TEXAS ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY LULAC WITNESS, F \shared~dept\LGL\Our Documonts\Contracts\OO\Cmco Do Mayo Contract doc C~nco De Mayo Celebration Agreement - Page 5 \\CH-LGL\VOLl\shared\dept\LGL\Our Documents~esolutmns\00\North Texas Higher Education doc RESOLUTION NO ~/..~ A VU SOLUT ON OF THE CITY COU CII OV THE CITY OF DENTON RELATING TO THE ISSUANCE OF OBLIGATIONS BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC, APPROVING THE ISSUANCE OF SUCH OBLIGATIONS AND THE USE OF THE PROCEEDS OF SUCH OBLIGATIONS, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the North Texas Higher Education Authority, Inc (the "Authority") was established as a non-profit corporation, pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthering educational opportunities of students by providing funds for the acquisition of student loans, and WHEREAS, the Authority has proceeded m the development of a plan of finance and has issued student loan revenue bonds for the afuresald purposes, and additional funds are needed to continue the program, and it is now appropriate for this governing body to approve the issuance of additional bonds for such purpose, and WHEREAS, pursuant to Section 147(0 of the Internal Revenue Code of 1986, as amended ("Code") a pubhc heanng was conducted on 797~ ~?"/ , ~followmg reasonable public notice, with respect to the issuance of siud-ent loan revenue bonds by the Authority (the "New Tax-Exempt Bonds"), and WHEREAS, certified minutes of the proceedings from said hearing have been submitted to the City of Denton ("City"), and WHEREAS, m order to satisfy reqmrements of the Code and the Texas Education Code, it is necessary for the City, following the holding of a public heamng, to approve the issuance of the New Tax-Exempt Bonds, NOW THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1, That the City Council of the City of Denton, Texas, hereby grants its approval to the North Texas Higher Education Authomty, Inc to issue and dehver student loan revenue bonds, notes or other obligations, in one or more series m an aggregate principal amount not to exceed $155,000,000, for the purposes of obtaining funds to purchase student or parent loan notes which are guaranteed under the Higher Educatton Act of 1965, as amended, refunding outstanding obhgatlons of the Authomty, and setting aside the amount the Authority determines is necessary for a reserve and for operating costs and paying the cost of issuing such obligations in accordance with the laws of the State of Texas, including Chapter 53, Texas Education Code, and if apphcable, Chapter 1207, Texas Government Code, and Section 144 of the Code ~ Further, the Mayor and City Secretary of the City of Denton, Texas are hereby authorized and directed to execute the Approval Cerhficate, a copy of which is attached hereto and Incorporated herein as Exhibit "A", and to deliver certified copies of this resolution and the Approval Certificate to the Authority SECTION 3 The City of Danton, Texas requests that the Authority exercise the powers enumerated and provided for in Section 53 47, Texas Educatmn Code, as amended, and that such non-profit corporation shall, in this connection, exercise such powers for and on behalf of the City of Denton, Texas and the State of Texas, as contemplated by Section 53 47(c), Texas Education ICode, as amended SECTION 4, The City of Denton, Texas does not agree to assume any responsibility in connectlorl with the administration of the Authonty's student loan program Sole responsibility for the adralmstratlon of the Authonty's student loan program is assumed by the Authority SECTION ~, Further, it is recognized by the City of Denton, Texas that the instruments which authorize the issuance of bonds, notes, or obligations by the Authority will spemfically state that the City of Denton, Texas is not obligated to pay the principal of or interest on the bonds, notes, or obligations proposed to be issued by the Authority Nothing in this resolution shall be construed as an indication by the City of Denton, Texas that it will pay or provide for the payment of any obligations of the said Authonty whether theretofore or hereafter incurred, and in this connection, attention is called to the Constitution of the State of Texas, wherein it is provided that a city may incur no indebtedness without having made provisions for its payment, and the City Council of the City of Denton, Texas hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obhgatlon of the Authority SECTION 6, It is hereby officially found and determined that the meeting at which this resolution is passed is open to the public, as required by law, and that pubhc notice of the time, place and purpose of said meeting was posted, as required by law SECTION 7 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,2000 JA(~L~R,-MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY A~/ROVED AS TO LEGAL FORM HERBERTIL PROUTY, CITY ATTORNEY EXtIIBI T A APPROVAL CERTIFICATE l, lack Mdb,r, am the duly eloctnd Mayor of the Cxty of Denton, Texas, Texas (the and as such am the apphcabl¢ clo~tod reptcs~a~.ve of the City pummnt to §I47(f)(2XB) of thc [n~cmal Revenue,Code of 1986, as amended A pubhc h~_nng was conducted regarding thc tssuanm of bonds (lbo "Bot~ds") by tho North T~as H~gher Educa~mn Authorgy, lac (the "Authomy") and the utfl~i,a, rlon of zubstantlally all the procc~ds of such Bonds for tim purposes of(1) pur~.l~smg studmt loan no'~, (2) refunding outstanding obhgaaot~ of tho Authority, (3) setting assd¢ esrmm flavia for tho payment end security of the Bonds, and (4) paying ccrtmn expenses m conacc~en vath issuanc~ agth~ BetOn, as pmvlded and lmdtad by tho Internal l~venue Code of 1986, as am~dM, and thc Tn F. duca~on Code, as amended Stud~t loan notes ace not~ ox~cuted by studams (or ptmm~ of ~len~) who are rmidcnts of tho State of Texas or who have bson adma'tedto an "a~cmi.,ted ias~tul~on" m tho $~ate of Texu (as defined lathe Texas Edeenon Code) A copy of tho n~port of'such lummg is a~-.hcd h~rato as Scb. cdulo 1 As t~© applicable elected rcp~v¢ of'the Ctty,! hereby spcc~fically approve thc Bonds descrab~l above and tho uso of the procc~s of such Bonds for tho purposes zta~cd above S,ONED AND SEALED this..,.~f~'~dny of~ 2000 Mayor, ~..O~n, Tcnas (SEAL) A'~TuST C~RTIFICAT~ OF SECRF, TARY THE STATE OF TEXAS § COUNTY OF DENTON § CITY OF Dli. NTON § I, ~hc underslsnod, S~'a'otaty of the City ofDmton, Tcx~ do hereby comfy &e ~11o~ of ~nm~ T~ ~nvon~ ~ r~l~ s~si~ ~ ~ ~la~ m~g p~ m ~ w~ ~ d~y ~tut~ m~b~ ~fl~ CRy Cotm~l b~ng ~ ~l~s ~k ~ Mayor Rom B~I~ Mayor Pm T~ C~i Young Co~l M~ber, D~stnct 1 Nmi Du~ ~I M~bor, D~smo~ 2 Mis Coch~ C~nod M~bor, D~ 3 S~y Kr~s~on C~ncg M~b~, D~sm~ 4 M~k B~ ~d ~I Council M~bers ~m p~ ~ ~d m~io~ ~t ~o foll~, ~ ~cr b~m~s ~szd~ A R~OL~ON BY ~ C~ CO~C~ OF ~E C~ OF D~ON RELA~G TO ISSUANCE OF OBLIOA~ONS BY NOR~ ~ I'IIG~R EDU~ON A~tO~, INC, APPROVe TI ~ ISSUANCE OF SUCH OB~GA~ONS ~E USE OF ~E PROC~DS OF SUCH OBLIGA~ONS, MAK~G CERTAIN ~IN~S ~ CONNEC~ON ~R~fl'~ ~ ~u~.~ mbmlt~ ~ ~e C~ for ~pm~l ~, ~s~ ~ p~muon ~ duo ~~ ~ ~. , ~e ~olufi~ ~ duly ~ ~d ~p~ m~a~ly, by &o foH~nE ~to as s~ m the officl~ Mm~ of ~c ~ Councd for 2 ~ ~ resolution ~s a ~e ~d ~ offic~ m~ of~ CzW oFD~ T~, ~o duly ~h~ CRy ~D~on, T~, ~ &o ~ of~ ~o~md C~cil m~ng ~e t~se p~s above n~, ~d ~Uyd~res v~t I place and,purpo$o ofth~ m~ml~, ~d tha~ smd m~mg ~ ~hborau~ of~o ~o~md ~blic b~ ~ pos/c~ ~d ~vo~ In ~ thc~ In ~plim~oc ~ ~o pmws~ of Chap~ ~51, T~ ~t ~dC~.~s~o_~~ ~yor ~~, ,~000 ~on, T~ (Seal) oitycl~nre~ v4~d 2 \\CH LGL\VOLl~shared\deptkLGL\Our Documenls~Resolutlons\Wmdle Resolutmn doc RESOLUTION NO~ ~([Y~ A RESOLUTION OF THE CITY OF DENTON, TEXAS, ACCEPTiNG THE SUM OF $1,000 FROM WINDLE FAMILY PARTNERS, LTD AND MICHAEL C RAMOS iN CONSIDERATION FOR EXTENDiNG THE ONE HUNDRED EIGHTY (180) DAY PERIOD FOR EXCLUSIVE NEGOTIATIONS FOR THE POSSIBLE LEASE OF CERTAIN AIRPORT PROPERTY AS PROVIDED iN CITY COUNCIL RESOLUTION NO 99-055 FOR AN ADDITIONAL ONE HUNDRED EIGHTY (180) DAY PERIOD, AND PROVIDiNG AN EFFECTIVE DATE WHEREAS, pursuant to Resolution No 99-055 the City Council of the City of Denton, Texas granted to Wmdle Family Partners, LTD and Michael C Ramos (the "Payor") the right to exclusively negotmte the possible lease of certmn Denton Airport Property as described in said resolution (the "Property") for a 180 day period, and WHEREAS, the 180 day time period is due to expire on April 16, 2000 and the Payor has requested that the time period be extended for an additional 180 day period for the payment of the sum of $1000 00, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 In consideration of the receipt of the ad&tlonal amount of $1,000 00 prod by Payor to the C~ty, the 180 day t~me period set forth in Resolution No 99-055 for the exclusive lease negotiations for the Property is hereby extended for an ad&t~onal 180 day period SECTION 2 Tlus resolution shall be effective immediately upon the passage and approval of thts resolution PASSED AND APPROVED th~s the -- day of 2000 - ' JA~M1/~LER, MAYOR ATTEST JENi~IFER ~WALTERS, CITY SECRETARY By .-x..~-- ~-~ ~ g~j MICHAEL C. RAMOS P O. Box 427 Denton, Texas 76202 February 8, 2000 } ? Lmda Rafl~ff D~rector of Economac Development C~ty of Denton 215 E McKanney Denton, Texas 76201 Dear Ms Rathff On September 8, 1999, I, on behalf of Wmdle Fmmly Partners, Ltd and myself(or our assigns) requested that the C~ty of Denton accept the sum of $1,000 00 to enter into exclusive negotmttons, of a one hundred e~ghty (180) day period w~th regard to a tract of land located at the a~rport hawng dtmansmns of 450' x 720' and being bordered on the west by Sky Lane, on the south by John Carrell, on the east by W Court, and on the north by the leasehold of Amomcs IntemaUonal (the "Property") Our proposal was approved by the Council of the C~ty of Denton on October 19, 1999 by means of Resolutmn No R99-055 According to our calanlat~ons, the 180-day period w~ll expire on Sunday, April 16, 2000 We would hke to request that the exclus~wty period be extended for an adcht~onal one hundred e~ghty (180)~days from April 16, 2000 We propose that the C~ty of Denton accept the sum of $1,000 00 to grant thts extensmn, and a cheek for th~s amount ~s enclosed We apprecmte your consideration of tlus matter If the foregoing is acceptable to the C~ty of Denton, ploase have an anthonzed C~ty official s~gn th~s letter and return ~t to me cc Mark NelSon 5000 Aul~ort Road Denton, Texas 76207 RESOLUTION NO /~- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS DETERMINING COMPETITIVE MATTERS RESPECTING CERTAIN PUBLIC POWER UTILITIES WHICH ARE SUBJECT TO PROTECTION UNDER THE TEXAS OPEN MEETINGS ACT AND THE TEXAS PUBLIC INFORMATION ACT, ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Senate Bill 7 ("SB 7") was enacted into law by the 76th Texas Legislature, and signed by the Governor on June 18, 1999, with an effective date of September 1, 1999 Said SB 7, among other tlungs, amended Subchapter D, Chapter 551 of the Texas Government Code (the "Open Meetings Act") by adding a new Section 551 086 thereto, commonly referred to as the "Public Power Exception", and WHEREAS, SB 7, amended Subchapter C, Chapter 552 of the Texas Government Code (the "Public Information Act") by adding a new Section 552 131 thereto, commonly referred to as the "Public Power Exception," and WHEREAS, Senate Bill 7 defines a public power utility "competitive matter" as a utlhty- related matter that the public power utility governing body in good faith determines by a majority vote is related to the public power utfllty's competitive activity, lncluchng commercial information, and would, if disclosed, gtve advantage to competitors or prospective competitors, and WHEREAS, the promslons of Senate Bill 7 exclude the following categories of information from the defimtlon of a "competlnve matter" · Information relating to the provision of dlstnbut, on access service, including the terms andI conditions of the service and the rates charged for the service but not including information concermng utility-related services or products that are competltwe, · Information relating to the provision of transmission service that is required to be filed w, th the Public Utility Commission of Texas, subject to any confidentiality provided for under the rules of the commission, · Information for the distribution system pertmmng to reliability and continuity of service, to the extent not secunty-sensltwe, that relates to emergency management, identification of cntmal loads such as hospitals and police, records of interruption, and distribution feeder standards, · Any substantive rule of general apphcablhty regarding service offenngs, service regulation, customer protections, or customer service adopted by the public power utility as authorized by law, · Aggregate information reflecting receipts or expenchtures of funds of the public power utility, of the type that would be included in audited financial statements, · Information relating to equal employment opportunities for minority groups, as filed with local, state, or federal agencies, · Information relating to the public power utthty's performance in contracting with minority business entrees, · Information relating to nuclear decommissioning trust agreements, of the type reqmred to be Included m auchted financial statements, * Information relating to the amount and taming of any transfer to an owning e~ty's general fund, · Information relating to enwronmental compliance as required to be filed w~th any local, state, or national environmental authority, subject to any confidentiality provided under the rules of those anthonties, · Names of public officers of the pubhe power utility and the votang records of those officers for all matters other than those w~thln the scope of a competitive resolutaon provided for by th~s section, · A description of the pubh¢ power utihty's central and field orgamzatlon, including the estabhshed places at which the publle may obtain Information, submit ~nformation and requests, or obtain decisions and the ~dentafieat~on of employees from whom the public may obtain mformat~on, submit mformat~on or requests, or obtmn decisions, or · Information Identifying the general course and method by which the public power utflity's functions are eharmeled and determaned, including the nature and requirements of all formal and Informal poh¢ies and procedures, and WHEREAS, the City of Denton, a Home-Rule c~ty, and a municipal corporation, In the State of Texas, owns and operates a municipal electric utility, and WHEREAS, the Denton City Council, as the govermng body of the mum¢lpally-owned electric utahty, desires to adopt this RESOLUTION defimng "competitive matter" for the purpose of protecting the competitive position of its electric utihty, Denton Municipal Electric ("DME") as prowded for in Senate Bill 7, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY FINDS AND RESOLVES SECTION 1 That the following activities ¢onsmute "competitive matters" that are related to present and future eompetat~ve activity of the electric utlhty, and that would, ~f disclosed, provide advantage to existing or prospective eompemors A Financial Information, including but not limited to · F~nane~al planning, sens~t~wty and scenario analysis, · Rate and pnemg slrategles, studies and targets, · Revenue and expense projections and targets, · H~storleal and projected fuel pnemg, purchases and usage, · Fuel and purchased power hedgmg/nsk management strategies, · Cost of s~rvl(~es studies, · System valuation studies and related Information, · Cash flow projections, · Intemal audit reports, and · Debt allocation and debt refunding strategies B Purchasing and Contract Information, including but not limited to · Power purchase pricing, proposals and contracts, · Power sales pncmg, proposals and contracts, · Fuel purchase pricing, proposals and contracts, · Fuel transportation pricing, proposals and contracts, · Purchasing lnformatlon, lncluthng bids, proposals and contracts, · Negotiations, modehng, data, correspondence, drafts and memoranda related to negnUatlons and considerations of the above contracts and pnmng, · Information or data related to firms supplying goods or services related to Denton Mumclpal Electric, and · Alhance, joint venture and aggregation information C Business Operations Information, Including but not limited to · Corporate strategic and business plans, · Consulting reports, · Work management studies, · Benchmarklng studies, · Personnel compensation, and · Divestiture or acqmsltlon plans and strategies D Generatlon/Transmlsslon/Dlstnbutlon System Operations Information, including but not hmlted to · System Improvement evaluations and recommendations, including economic evaluations, · Generating unit operating and performance data, Including heat rates, · Englneenng and design of generation umts and transmission/distribution system, · Control system design and capabilities, · Mmntenance schedules, · Unit dispatch and system outage information, · Load forecasts, · Ganeratlon/transmlaslon/dlstnbutlon system improvement plans and work papers, · Generation umt and system audits, · Transmission and distribution system loadmg charactenstlcs and capabilities, and · Target electric generation and production levels E Sales, Market Research and Marketing, including but not limited to · Market research studies, · Marketing strategies, plans and budgets, · Sales and promotion strategies, and · Incentive programs F Competmve Customer Information, mcludmg but not hmited to · Customer hsts or ldentfficat~on data, Customer energy pricing, sales and revenue ~nformation, · Customer non-energy pricing, sales and revenue reformation, and · Customer load profiles SECTION 2 That all of the declarations and findings contained an the preamble to this Resolutmn are made a part hereof and shall be fully effective as a part of the subject matter of this Resolutaon SECTION 3 That consistent wtth the identification of such competttlve matters, the City Council declares confidential all documents and other lnformat~on concermng such matters, and will determine on a ease-by-case basis as to the specific acUvmes within the scope of such identified matters whether dehberatlons and action by the City Cotmcll will be undertaken ~n an executive session or not SECTION 4 That the C~ty Council reserves the nght to supplement or amend the hst of competitive matters set forth ~n this Resolution by the addmon or deletmn, or case-by-case determ~natmns as may be desirable ~n order to continue to operate and manage the City of Denton's electric system ~n a manner consistent w~th the Interests of the C~ty and its electnc ratepayers, ~n accordance with the prowslons of applicable law, expressly including, wtthout limitation, the protections anthonzed by Senate Bill 7 SECTION 5 That ~f any section, subsection, paragraph, sentence, clause, phrase or word ~n this Resolutmn, or apphcatmn thereof to any person or circumstances is held lnvahd by any court of competent jurisdiction, such holding shall not affect the vahd~ty of the remmning portmns of this Resolutmn, and the C~ty Council of the C~ty of Denton, Texas hereby declares it would have enacted such remmmng portmns despite any such invalidity SECTION 6 That th~s Resolution shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED thls the /¢~ dayof ~ ,2000 J~/ClILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our D°¢uments~'~solut~ons\00\DME SB7 Competat~w Matters Resolution Final 041100 doc RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION OF THE CRIMINAL JUSTICE DIVISION OF THE OFFICE 0F THE GOVERNOR, STATE OF TEXAS, REQUESTING FUNDING FOR THE DENTON DELINQUENCY PREVENTION/INTERVENTION PROGRAM FOR JUVENILES, PROVIDING FOR THE RETURN OF ANY LOST OR MISUSED FUNDS TO THE CRIMINAL JUSTICE DIVISION, OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, AND PROVIDING AN EFFECTWE DATE WHEREAS, the City of Denton is eligible to receive funds fi.om the Criminal Justice Division of the Office of the Governor, State of Texas, and desires to increase the effectiveness of the Denton Delinquency Prevention/Intervention Program for Juveniles by providing funchng to the Fred Moore After School Program and the Teen Court of Denton, and WHEREAS, in order to receive such funds, it is necessary for the Council of the City of Denton to anthonze the submission of a Title V Juvenile Delinquency Prevention Grant Application to the Criminal Justice Division of the Office of the Governor, State of Texas, requesting funding, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the City of Denton, Texas, certifies that it is ehglble to receive a funding allocation from the Criminal Justice Division of the Office of the Governor, State of Texas, for a Title V Juvenile Delinquency Prevention Grant for the Denton Delinquency Preventmn/Interventmn Program for Juveniles ~ That the City Council anthonzes and directs the City Manager, or bas designee, to represent and act on behalf of the City of Denton in applying for and working with the Criminal Justice Division of the Office of the Governor, State of Texas, in regard to such grant appheatlon SECTION ~ That in the event of loss or misuse of any Criminal Justice Division funds awarded by this grant, the City of Denton assures that the lost or misused funds will be returned in full SECTION 4 That the City Manager, or his designee, shall forward a copy of tlus resolution to the Criminal Justice Division of the Office of the Governor, State of Texas SECTION 5 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED tbas the /~dayof ~ ,2000 JA~I~LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Next o" ¢ Ument F ~shared\dept~LGL\Our Documents\Resolut~ons\00kBmh-Death Records Resolution doc RESOLUTION NO ;~000 - ~;~/7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING THE TRANSFER OF DUTIES AS VITAL STATISTICS REGISTRAR FROM THE CITY OF DENTON TO THE COUNTY CLERK OF DENTON COUNTY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, V T CA, Texas Health and Safety Code §191 023, provides for the consohdatlon of County and Mumclpal Maintenance of B~rth and Death Records, and WHEREAS, The Official to whom the duties would be transferred, being the County Clerk, has attested m wntmg that she has sufficient resources to assume those duties m compliance w~th VTCA Texas Health and Safety Code §191 023(c) a copy of Much is attached, and WHEREAS, the County of Denton ~s supportive of the transfer of duties as Registrar of birth and death records to the Denton County Clerk, and WHEREAS, the consolidation only affects the City of Denton and the County of Denton who have agreed to an orderly transfer to be effectwe October 1, 2000, and WHEREAS, the Denton County Clerk currently has a computer hnk w~th the State Registrar m order to provide b~rth records of individuals bom m other counties in the State of Texas as a convemence to the taxpayers of Denton County, and WHEREAS, the cmzens of the C~ty of Denton and Denton County would be better served by having all b~rth and death records from the City of Denton mamtmned in the same location as county b~rth and death records by transfemng the duties relating to the mmntenance of birth and death records to the Denton County Clerk, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That effectwe October 1, 2000, the Denton County Clerk is hereby designated Vital Statlstms Registrar for the City of Denton with the responsibility of receiving, reglstenng and mmntalmng a record of all births and deaths occumng within the mty hmlts of the City of Denton, and the transfer of such responsibilities and records to the Denton County Clerk ~s hereby authorized ~ That this resolution shall become effective on October I, 2000 PASSED AND APPROVED this the ~ -- day of ~a~,~ ,2000 JA~,~flLLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPIt[OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY SOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOR OAK TREE PLAZA SHOPPING CENTER, BEING AN APPROXIMATE 7 44 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF LOOP 288 AND SPENCER ROAD, AND PROVIDING FOR AN EFFECTIVE DATE (SP- 00-001, OAK TREE PLAZA) WHEREAS, on March 2, 2000 the City CoBncll adopted Ordinance No 2000-069 which established certain nonresidential interim regulations (the "Nonresidential Interim Regulations"), and WHEREAS, the Nonresidential Interim Regulations established, among other things, a project plan requirement, and WHEREAS, the owners of an approximate 7 44 acre tract of land zoned commercial- conditioned (C[c]21) and described as Lots 1 and 2, Block 1 of the Oak Tree Plaza Addltlon have made apphcataon 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 condmons 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, l~ hereby approved ~ Tlus ordinance shall become effective immediately from and after 1ts approval PASSED AND APPROVED this the ~ ~ day of ~ ,2000 ATTEST JEeR WALTERS, CIT~ SECRETARY //"'I APPRCVED S-,TO LEG/ /L FORM RESOLUTION NO ~t~7- gg/~/> A ~SOLUTION OF THE CITY OF DENTON, TEXAS S~PORT~G THE SIMPL~ICATION OF STATE A~ LOCAL SALES ~ USE T~ES, ~ ~G~G STATES TO MOVE E~EDITIOUSLY TO DEVELOP ~ ~PROVE MODEL SIMPLIFICATION LEGISLATION T~T ALLOWS STATE ~ LOC~ S~ES ~ USE T~ES TO BE ~PLIED EQ~T~LY TO T~ITION~ ~T~L ~ ~MOTE SALES, ~ PROVID~G ~ EFFECTIVE DATE ~E~AS, ~der c~ent law, local retmlers m Denton ~e reqmred to collect s~es ~d use t~es on ~sact~ons reg~dless of whe~er ~ey ~e conducted over the co~ter, over ~e interact, telephone, or by mai order, while out-of-stae or remote sellers ~e ~der no such obhgalon, ~d ~E~AS, ~e pnm~ b~ to collecting t~es on remote sales ~s ~e Supreme Co~'s 1967 mhng in Nattonal Be[las Hess, Inc v ]Htnots, whmh prohibits stae ~d local govements from ~mposlng a du~ to collect on remote sellers m p~ because ~t would be overly burdensome ~d too costly to reqmre ~em to fi~e out ~d remit sales t~es to thous~ds of d~fferent state ~d local governors ~a have d~fferent t~ raes ~d other requirements, ~d ~E~AS, ~e Supreme co~ reaffi~ed the Bellas Hess decision in 1992 ~n its ~lmg m Qu~H Corp v North Dakota, but el~fied that Con~ess may authorize state ~d local gove~ents to require remote sellers to collect their taxes m a m~er ~at does not ~duly burden interstate co--oreo, ~d ~E~AS, both Supreme Co~ decisions pre-date the mtemet w~ch h~ been ~e engine driving ~e explosive gro~ m electromc co~erce Busmess to cons~er s~es alone m t~s ~ea ~e expected to s~s $184 bllhon natmnally by 2004, ~d ~AS, c~ent law has created ~ ~-level playing field be~een local retmlers ~d remote sellers, one m w~ch remote sellers, who sell products over ~e mt~et t~-~ee, have a competmvo adv~tage over our loe~ retmlers, who ~e reqmred by law to collect o~ sales t~es on over-~e.co~ter sales, ~d ~E~AS, Denton has a local s~es t~ whmh is a s~fic~t revenue so.ce ~at m bemg used to provide wt~ pubhc se~mes such ~ pohce, fire protection, llbr~ se~lces, ~d p~ks ~d recreation, ~d ~E~AS, ~e Adwso~ Co~ee on Electromc Co~erce ("ACEC') failed to reach the consensus reqmred by law m developing mco~endat~ons to submit to Congress on whether ~d how sales t~es should be apphed to elec~omc codeine ~d remote sales, ~d ~E~AS, m sp~te of ~e ACEC's fml~e to much legitimate consensus, the Commission submitted recommendations to Con~ess calhng the ehm~nat~on of ~e local option sales t~ on remote sales, ~d nmerous exemptions ~d t~ loopholes that would cost state ~d local gove~ents ~ estimated $30 b~lhon ~ually, ~d Page 1 WHEREAS, local and state governments across the nat~on acknowledge that their sales and use tax systems are too complex and burdensome for electromc commerce and remote sales, and they are working cooperatively to adopt model legmlat~on to radmally s~mphfy their tax systems for the 21~t century so they can be easdy apphed to all commeme, and WHEREAS, numerous proposals have been ~ntroduced ~n Congress to ~mplement some of the recommendations in the ACEC report, and the House Speaker and Senate MaJority Leader have stated their lntent~ons to approve leg~slahon this year extending the current 3-year moratorium on new taxes on mtemet access fees, multiple and d~scnm~natory taxes for an additional 5 years, and WHEREAS, there ~s no compelling need to extend the moratorium at th~s t~me smce ~t ~s not scheduled to expire until October 2001, and s~nce the leg~slaUon endorsed by the Congressional leadership neither addresses the competitive d~sadvantage ~ssue for local retmlers nor the collection of taxes on remote sales for state and local governments, whmh are the two most dominant msues in thru debate, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the C~ty of Denton supports the s~mphficatlon of state and local sales and use taxes, and urges states to move expeditiously to develop and approve model s~mpllfiCatlon leglslataon that allows state and local sales and use taxes to be applied equitably to tradmonal eetatl and remote sales SECTION 2 That Congress is urged to ignore the report and recommendataons of the Adwsory C0mmlss~on on Electronic Commeme, and not to consider legislation s~mply extending the current moratorium SECTION 3 That Congress is strongly urged to approve legislation that prowdes that once a state successfully ~mplements sales tax s~mphficat~on, ~t wall trigger Congressional authorization grantmg that state the authority to mqmre remote sellers to collect ~ts state and local use taxes SECTION 4 That th~s resolution shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED this the ffi~--O/day of (~67.Z~ ,2000 JAC~flLLER, MAYOR Page 2 ATTEST JENNIFER WALTERS, CITY SECRETARY Page 3 RESOLUTION NO ! A RESOLUTION ADOPTING THE 2000 NORTH LAKES PARK MASTER PLAN UPDATE OF THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Denton Parks and Recreatmn Department has prepared a 2000 North Lakes Park Master Plan Update, a copy of which is attached hereto and ~ncorporated here~n by reference (the "Plan"), and WHEREAS, on March 23, 2000, the Parks and Recreation Board recommended approval of the Plan, and WHEREAS, the C~ty Cotmml finds that the Plan is in the public interest and in the best interests of the health, safety and general welfare of the mt~zens of the City of Denton, Texas, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The C~ty Cotmml of the City of Denton, Texas hereby adopts the Plan ~ Th~s resolution shall become effective ~mmedlately upon 1ts passage and approval PASSED AND APPROVED this the .~.~day of L/~6~'~//--- ,2000 ~'~AYOR ATTEST JENNIFERiWALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM MASt ER PLAN NORTH LAKES PARK ~,~.,,,~, RESOLUTION NO /~7~t~t~" ~,~/r A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas wishes to nommate members to the Appraisal Review Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES ~ That the City of Denton, Texas hereby nominates/~a~b/~. ~o~tf' , , and as members to the Appraisal Review Board of the Denton Central Appraisal Dmtnct ~ That flus resolution shall become effective immediately upon Its passage and approval , ooo MAYOR ATTEST JENNIFER,WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ~~~~ F \SHAREDX, DEPT~LGL\Our Documents\Resolutlons\00~2000 CD ac. on plan doc m so urioN NO A ~SOLUTION BY THE CITY OF DE~ON, TE~S, AUTHO~G THE CITY M~AG~ TO SIGN ~ S~MIT TO ~ DEP~TMENT OF HOUS~G ~ ~ DEVELOP~NT A 2000-2005 CONSOL~ATED PL~ FOR HOUS~G ~ CO~TY DEVELOP~ ~CL~G A 2000 ACTION PL~ ~TH ~PROP~TE CERT~ICATIONS, AS AUTHORED ~ ~Q~D BY THE HOUS~G ~ CO~TY DEVELOPME~ ACT OF 1974, AS ~ED ~ THE NATION~ ~FO~LE HOUS~G ACT OF 1990, AS ~ED, ~ PROLOG FOR ~ EFFECTWE DATE ~E~AS, ~e CI~ of D~ton, Texas, ~s concerned ~ ~e development of wable ~b~ co~Ues, mclu~g decent houmng, a stumble hwng enwro~ent ~d exp~d~ econo~c oppo~mes, ~d ~E~AS, ~e C~W of Denton, Texas, h~ a spemal concern for pe~ons of Iow ~d moderate income, ~d ~E~AS, ~e CIW of Denton, Texas, ~ a CDBG enatlem~t C~W ~d a Home p~m~pa~g j~s~c~on, has pr~ed, ~ou~ a cmzen p~c~pat~on process, a pm~ for utlhz~ng ~ts 2000-ye~ ~tatlement ~ds ~d pm~ ~n~me m the appmx~ate ~o~t of $1,668,810, ~d ~E~AS, emzen p~lc~paaon reqmrem~ts, mclu~ng ~e holding of public he~ngs, have been met, ~d ~AS, ~e Co~ Development Act of 1974 ~d ~e National Affordable Housing Act of 1990 r~mre ~ ~phcat~on ~d appropriate ee~ficauom lnclud~ ~n ~e Consohdated Pl~, NOW, THE~FO~, THE CO~4CIL OF THE CITY OF DE~ON HE.BY ~SOLVES SECTION I That ~e C~ Co~efl of ~e C~ty of Denton, Text, au~onzes the CaW M~ag~ to m~ ~d submit to ~e Dep~ent of Housing ~d Urb~ Development a 2000-2005 Consohdat~ Pl~ ~d a 2000 AeOon Pl~ ~d appropriate ce~lficataons for enatlem~t ~ ~der · e Houmng ~d Co~ Developm~t Act of 1974, ~ ~end~ ~d ~e Natmnal Affordable Houmng Act of 1990, ~ ~ded ~ That the C~W Co.ell of the C~W of Denton, Text, au~onzes ~e D~reetor of Pl~ng ~d Development to h~dle ~l fise~ ~d ~s~aave ma~ers related to ~e apphcaaon, the Consohdated PI~ ~d ~e ce~ficaUom SEC~ON ~, ~at the C~W Secret~ m h~eby au~onzed to ~mh cop~es of ~s resoluUon to ~1 interested p~es E~..C~.J~Q.~T..~ That rims resolutton shall become effective ~mme&ately upon its passage and approval ~^ss~ ~ ~ov~ ~ ~/~-~d~yo~ ~7~,~ooo EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 \\CH LGL\VO L l ~sharedklepflLGL\Our Documents\Resolutlons~00\eable rates doc RESOLUTION NO A RESOLUTION ESTABLISHING THE MAXIMUM RATES THAT CHARTER COMMUNICATIONS MAY CHARGE ITS DENTON CABLE TELEVISION SUBSCR/BERS 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 WHEREAS, the C~ty of Denton ("City") is the Grantor ora cable television franchise by a franchise ordinance, Ordinance No 88-189 passed and executed on or about November 15, 1988, by and between the City and Sammons Commumcat~ons, Inc ("Sammons"), and the C~ty, by Ordinance No 95-191, passed by the City Council on September 19, 1995, approved the transfer of the Franctuse Ordinance along w~th attached amendments to Marcus Cable Associates, L L C ("Marcus"), and WHEREAS, on March 23, 1999, the City Council adopted Orthnance No 99-094 (Ordinance Nos 88-189, 95-191, and 99-094, and the Acceptance Agreements o£ September 12, 1995 and March 23, 1999, are hereinafter referred to as the "Franchise"), transfemng the Francluse fi.om Marcus to Paul G Allen dba Vulcan Cable, Inc, Vulcan Cable II, Inc, Charter Commumcat~ons, Inc, and Charter Commumcatlons Holdings, Inc ("Charter"), and WHEREAS, on May 17, 1994, the City Council passed Resolution No R94-019 authorizing the regulation of basic service t~er rates and related eqmpment, Installation, and service charges for any cable telewslon system operating within the City m accordance with the apphcable Federal Commumcat~ons Commmslon ("FCC") regulations, and WHEREAS, on May 18, 1999, the C~ty Council passed Resolution No R99-020 anthonzmg changes in the rates that Charter may charge its Denton cable television subscribers for the bas~¢ service t~er, associated eqmpment, and installation charges, and WHEREAS, the City, pursuant to the Cable Consumer Protection and Competition Act 1992 ("Cable Act") and the roles and regulations adopted thereunder by the FCC and other apphcable laws, m certified as a fi'anclusmg authority to regulate the rates for the basic cable service, eqmpment, and installation rates, and WHEREAS, m accordance w~th Section 8-136 "Rates", of the Code o£ Ordinances of the C~ty of Denton, Texas and in accordance w~th Section XXI "Rates" of the Franchise, Charter filed a petition w~th the C~ty on or about March 1, 2000, along with FCC Forms 1205 and 1240, m conformance with thru section and all applicable laws, requesting a change ~n its basic cable service, changing t~ers, eqmpment, and installation rates as above described, which the City cemfied to regulate, and WHEREAS, the C~ty held a pubhc hearing in conformance w~th Section 8-136 of the Code of' Ordinances of the City of Denton on April 18, 2000, after all interested citizens had been properly not~fied in accordance wxth the law, and all lmerested members of the public had an opportumty to be heard, and WHEREAS, to assure the rates requested by Charter are fair and reasonable, the City employed C2 Consulting Servxces, Inc to review the rates, and C2 Consulting has filed ~ts recommendations and report, and WHEREAS, as the local regulator of rates for the basic servace tier, the Cxty desxres to make a rate ruling on the proposed rates submxtted by Charter to be charged to subscribers of the basle service t~er, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 Findings (A) The Cxty is the Grantor of a Franchise executed on or about November 15, 1988, by and between the City and Sammons (B) The Franchise, as amended, was transferred to Marcus, an accordance w~th the terms and condltaons of tlmt ordinance on or about September 19, 1995 (C) In accordance with the applicable prows~ons of the Cable Act, the rules adopted by the FCC, Chapter 8 of the Code of Ordmanees of the C~ty of Denton, Resolution No R94-019, and other apphcable laws, the City has undertaken all appropriate procedural steps to regulate the basic cable service tier, changing t~ers, related eqmpment, and Installation charges (D) In accordance wxth the applicable FCC regulations, on or about January 7, 1994, the C~ty filed FCC Form 328 - Certification of Franch~sxng Authority to Regulate Bas~e Cable Servace Rates and Initial Finding of Lack of Effective Competxtlon - with the FCC (E) In accordance wxth appheable FCC regulatxons, on or about May 17, 1994, the City passed and adopted a resolution provldang for the regulation of rates charged by cable televlsxon operators wxthm the City for the basle servxce tier and related eqmpment and Installation charges (F) On or about March 23, 1999, the City Council transferred the Franchxse from Marcus to Charter (G) On or about March l, 2000, Charter submitted FCC Form 1205 and Form 1240 to the Cxty (H) Pursuant to FCC regulations and apphcable law, on or about April 18, 2000, the C~ty held a public hearing and gave the public adequate opportumty to comment on the proposed rate request The City regularly conducted a meetang wluch was open to the pubhc, in accordance with the Texas Open Meetings Act, Tex Gov't Code ch 551, and provided an opportunity for Interested parties to present reformation to the City dunng the meeting of April 18, 2000 Page 2 (I) The City must act upon the pending rate request consistent with current FCC rules and regulations and other applicable laws ~ Conclusions (A) That for the period beginning June 1, 2000, until May 31, 2001, the maximum permitted rate for basic cable servme (these numbers do not include the 5% franebase fee) of $9 90 per month, m approved The City has determined that Charter Commumcatlons has Incorporated an adjustment for a "channel movement" into the calculations for the basle servme rate This type of adjustment is contrary to FCC regulations sunsettlng such adjustments from being considered subsequent to January 1998 The City understands that the FCC is still attempting to clarify its position on this issue Therefore, the City will allow the "channel movement" adjustment to be used as part of the calculations in the basic cable service rate, with a provision that the City will have the right to retroactively adjust all such adjustments in the event the FCC clarifies its position on fins issue (B) That for the period beginning June 1, 2000, until May 31, 2001, the maximum permitted charge for installation and hourly service (these numbers do not include the 5% franchise fee) of $20 35 per hour, is approved (C) For the period beglnmng June I, 2000, until May 31, 2001, the maximum fee (these numbers do not include the 5% franchise fee) for leased customer equipment of remote control - $0 18, addressable converter - $4 13, digital converter - $8 80, non-addressable converter - $1 19, per month and changing tiers - $2 00 is approved (D) In accordance with C2 Consulting Services, Inc's report, the City finds that digital converters are used to receive the basle service tier in accordance with FCC regulations, {}76 923, that the City has a right to regulate rates charged for the use of fins piece of equipment as a part of the basle cable service tier SECTION ~ Incorporation of Findings 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 tbas resolution for all purposes ~ Orders for Action Based on the foregoing Findings and Conclusions, the City Council hereby enters the following orders adopting the rates and requlnng the following actions (A) Pursuant to current FCC regulations and applicable law, for the period commencing June 1, 2000, until May 31, 2001, or until further order of the City, Charter will be permitted to charge a maximum rate for the basic cable service of $9 90 per month (these numbers do not include the 5% franchise fee) Page 3 (B) Pursuant to current FCC regulations and apphcable law, for the period commencing June 1, 2000, until May 31, 2001, or until further order of the C~ty, Charter will be permitted to charge the following maximum eqmpment and ~nstallat~on rates (these numbers do not ~nelude the 5% franchise fee) Eom~ment & InstallaBon Maximum Permitted Rat~ Hourly Servme Charge $20 35 Average Charge for Unw~red Installation-Aerial $34 86 Average Charge for Unw~md Installation-Underground $45 04 Average Charge for Install-Prewlred/Reconnect $19 25 Average Charge for A/O at a t~me of Installation $10 86 Average Charge for A/O Return Trip $18 91 Average Charge for Service Reqmnng A Track Roll $15 18 Average Charge for Dag~tal Installation- Aerial $55 21 Average Charge for D~g~tal Installation- Underground $65 39 Average Charge for D~g~tal Upgrade $41 30 Average Charge for Digital A/O at t~me of/nstallatlon $11 20 Average Charge for Digital A/O Return Trip $20 61 Average Charge for Modem Installation $44 70 Changing of Service T~ers $ 2 00 Remote Control $ 0 18 Converter (Addressable) $ 4 13 Converter (Digital) $ 8 80 Non-Addressable Converter $ 1 19 (C) TNs resolution shall not be reconsidered should any further analysis pursuant to future FCC roles and regulations result m or ~ndlcate Ngher rates to subscribers, unless such future FCC Rules and regulations mandate that the C~ty order such an upward adjustment (D) The City Manager and the City Attorney, or their designees, are hereby authorized and directed to take action necessary to enforce the orders contained in this resolution, ~ncludlng, w~thout hmltat~on, to execute and file with the FCC such certfficatlon form documents or other ~nstmments or take any other actions as are now or hereafter may be reqmred by the FCC rate Page 4 regulations or apphcable laws to enforce the rate ruhng set forth here~n, to defend fins rate ruhng m any appeal to the FCC, adrmmstrat~ve proceeding or hhgat~on mvolwng th~s matter (E) That Charter shall fully comply w~th the Franchise and the recent case of C~y of Dallas v FCC, 118 F 3d 393 (5th Clr 1997), wlnch reqmres cable television franchise holder to make ~ts franchise payments on all gross receipts, ~nclud~ng money collected from and charged to customers that ~s 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 ffany section, subsection, paragraph, sentence, clause, phrase or word m tlus resolution, or apphcat~on thereof to any person or c~rcumstances ~s held mvahd by any court of competent jurisdiction, such holding shall not affect the vahd~ty of the remmmng portions of th~s resolution, and the C~ty Council of the C~ty of Denton, Texas hereby declares ~t would have enacted such remmmng portions despite any such vahd~ty SECTION 6 That the City Council has found and determined that the meeting at whmh this resolution ~s considered rs open to the pubhc and that notme thereof was g~ven m accordance w~th the prowslons of the Texas Open Meetings Act, Tex Gov't Code ch 551, as amended SECTION 7, That tMs resolution shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED thls the f~¢ dayof ~_d~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APP~O~r~D A~rS TO L~GAL ;O-R2~ Page 5 Next Document \\CH LGL\VOLI\SHAREDXDEPTxLGL\Our Documents~.esolutlons\00\Clean Cities '1 cch Coahtlon Res doc A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ENDORSING THE DALLAS-FORT WORTH CLEAN CITIES TECHNICAL COALITION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton supports the use of alternative fuels to improve mr quality in North Texas an enhance the nation's energy security, and WHEREAS, the City Council of the City of Denton has approved an Alternate Fuel Vehicle Imtlatlve resulting in the placement of the eight alternatively fueled vehicles into the Cxty's fleet, and WHEREAS, the City of Denton has the opportunity to participate in leading the development of advanced transportation and clean-mr technologies WHEREAS, the City of Denton has supported the goals, objectives, policies and action programs outlmed m the Clean Cities Program Plan and Memorandum of Understanding of March 30, 1995 designating Dallas-Fort Worth, Texas a Clean Cities Community, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ The City Council hereby endorses the Dallas-Fort Worth Clean Cities Technical Coalition Re-Designation ~ The City Manager and his designees are hereby authorized to assist Dallas-Fort Worth Clean Cities in promoting the use of alternative fuel vehicles ~n the North Texas region ~ That the City Manager shall report back to the City Council in three months on the progress made to date and identify future steps to be taken to continue implementation of the Dallas-Fort Worth Clean Cities Re-designation b.F,,~TLQ._N_~ That this resolution shall become effective lmmedmtely upon its passage and approval PASSED AND APPROVED this the ~/day of ~4ff~ ,2000 d' ' EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPR~JVED AS TO LEGAL FORM A RESOLUTION ALLOWING JON JON'S NIGHTCLUB TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE JUNETEENTH CELEBRATION DANCE TO BE HELD AT THE DENTON CIVIC CENTER, UPON THE CONDITIONS OF OBTAINING BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING GENERAL LIABILITY INSURANCE, AND AGREEING TO INDEMNIFY THE CITY FOR ANY LIABILITY, AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT FOR THE CONDITIONS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton ("City") is the owner of the Denton Civic Center and through the Park and Recreations Department co-sponsors a Juneteenth Dance Celebration at the Civic Center, WHEREAS, the constunptlon of alcohohc beverages is allowed in the Civic Center pursuant to City of Denton Code, §22-32 (b), WHEREAS, The Juneteenth Committee (the "Committee"), made up of community volunteers, has requested penmsslon to sell alcohohc beverages at the Juneteenth Dance Celebration and has made arrangements with Jon Jon's Nightclub (the "Club") to provide such alcoholic beverage services at the event, and WHEREAS, the Committee has requested the Club be the sole participant allowed to sell alcoholic beverages at this year's Juneteenth Dance Celebration on June 16, 2000, and WI-IEREAS, the Parks and Recreation Board has recommended that the Club be the sole part~mpant allowed to sell alcoholic beverages at the Juneteenth Dance 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 The Club shall be the sole participant allowed to se, ll alcoholic beverages at the Juneteenth Dance Celebration on June 16, 2000 at the Civic Center upon the following conditions 1 It shall be responsible for rental of any booth space necessary, 2 It shall be responsible for obtmmng the temporary license and permit for selling alcoholic beverages approved by appropriate state agency, 3 It shall provide the security necessary for the sale of alcohohc beverages, 4 It shall provide general comprehensive liability ~nsurance from a responsible carrier, w~th the City as an addmonal insured, in the amount of $500,000 00 5 It agrees to mdemmfy the City of Denton against any hablhty lncadent to the selhng of alcoholic beverages at the 3uneteenth Dance Celebratmn ~ The Caty Manager as authorized to execute the agreement attached as Exlubat "A" and ancorporated hereto as ff copied word for word, setting out the condmons set forth above w~thout further actaon by the City Council ~ Thus resolution shall become effective ammedlately upon 1ts passage and approval PASSED AND APPROVED thas the {~A__ dayof ~2~t~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY S \Our DoctlmentaXaResolutlons~00~Juneteenth alcohol aell doc Page 2 CIVIC CENTER AGREEMENT FOR THE JUNETEENTH DANCE CELEBRATION STATE OF TEXAS § COUNTY OF DENTON § rl his Agreement, made tins f~ day of ~ ,2000, by and between the City of Denton, a mummpal corporatl-bn, herelnafte(~t~Terred to as the "City" and John Cathn dba Jon Jon's Night Club, heretnafter referred to as the "Club" WlTNESSETH, that ~n cons~deratmn of the covenants and agreements herein contmned, the parties hereto do mutually agree as follows ARTICLE 1 GENERAL The C~ty grants to the Club the exclusive pnwlege to sell beer and wine ("alcohohc beverageS"), subject to the exceptions and conditions heretnafter set forth, for the Juneteenth Dance Ce~lebrat~on on June 16, 2000 to be held at the Denton Clwc Center (the "Celebratton") Attached hereto as Exlublt "A" is a copy of the resolution passed by the Ctty Council &the Ctty authonztng tins pnmlege winch ts incorporated heretn as if cop~ed word for word Tins pnvflege does not extend beyond the date of the Celebration set for June 16, 2000 ARTICLE 2 SCOPE OF SERVICES The Club m order to exermse the pnwlege to sell alcohohc beverages must perform the following A The Club shall be solely msponstble for the rental and payment for any booth space necessary for the sale of alcohohc beverages at the Celebration B 'l~he Club shall be solely responstble to obtain any temporary hcense and permit necessary for the selhng of alcohohc beverages at the Celebration C The Club shall be solely responsible for the obtatmng and paying for any secunty necessary for their sale of alcohohc beverages at the Celebration The Club's fmlure to do any of the above and to show proper proof of comphance shall waive their nght to exermse the pnwlege of selhng alcoholic beverages at the Celebration ARTICLE 3 LOCAL RULES AND REGULATION The Club agrees to abide by all mumclpal, county, state and federal laws, or&nances, roles and regulations and specifically, without limitation, the Denton Civic Center Rules and Regulations, to obtain all necessary and proper licenses, permits and anthonzatlons, and to comply with the reqmrements of any duly authorized person acting in connection therewith The Club shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages The Club will exercise reasonable care and due diligence in their sale of alcoholic beverages at the Celebration ARTICLE 4 INDEMNITY AGREEMENT The Club shall indemnify 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 limited to, court costs and reasonable attorney fees incurred by the City, and lncluchng, without lumtatlon, damages for bodily and personal mjury, death and property damage, resulting from the negligent acts or omissions of the Club or it officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement Nothing m this Agreement shall be construed to create a liability to any person who is not a party to ttus Agreement, and notbang herein shall waive any of the parties' defenses, both at law or eqmty, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, mcluchng the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE 5 INSURANCE Dunng the performance of the Agreement, the Club shall maintain 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 Carriers of at least an A- or above A Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less that $100,000 for each occurrence and not less than $,100,000 in the aggregate B The Club shall furnish insurance certificates or insurance policies at the City's request to evidence such coverages The insurance policies shall name the City as an additional insured on all such policies, and shall contain a provision that such insurance shall not be Juneteenth Celebration Agreement - Page 2 F \shared\dept\LOL\Our Doeuments\Coniraets\00~Junet~enth Contract doc canceled or modffied without written notice to the C~ty and the Club In such event, The Club shall, prior to the effective date of the change or cancellation, serve substitute pohcles furmshlng the same coverage ARTICLE 6 NOTICES All notices, commumcat~ons, and reports required or permitted under this Agreement shall be personally dehvered or mmled to the respective parties by depositing same ~n the United States mall to the address shown below, certified mml, return receipt requested, unless otherwise specffied hereto Mmled not,ecs shall be deemed commumcated as of three (3) days' marling To the Club To CITY Jon Jon's Nightclub CITY OF DENTON John Cathn Michael W Jez, C~ty Manager 818 Sycamore Street 215 E McKmney Denton, Texas 76205 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or w~ttun three (3) days' mmlmg ENTIRE AGREEMENT Th~s Agreement constttutes the complete and final expression of the agreement of the part~es, and ~s intended as a complete and exclusive statement of the terms of their agreements, and sup¢~sedas all prior contemporaneous offers, promises, representatmns, negotmtmns, discussmns, commumcatlons, and agreements which may have been made in connectmn with the subject matter hereof SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent junsd~ctmn to be lnvahd or unenforceable, it shall be considered severable from the remmnder of th~s Agreement and shall not cause the remainder to be ~nvahd or unenforceable In such event, the part,es shall reform th~s Agreement to replace such stricken prows~on w~th a vahd and enforceable prowslon whmh comes as close as possible to expressing the ~ntentmn of the stricken provision Juneteenth Celebrataon Agreement - Page 3 F \shared\dept\LOL\Our Documents\Contracts\00XJuneteenth Contract doc ARTICLE 9 DISCRIMINATION PROHIBITED In performing the servmes required hereunder, the Club shall not d~scnmmate against any person on the bas~s of race, color, rellgmn, sex, natmnal ongm or ancestry, age, or physical handmap ARTICLE 10 PERSONNEL The Club represents that ~t has or will secure, at ~ts own expense, all personnel reqmred to perform all the serrates required under this Agreement Such personnel shall not be employees or officers of, or have any contractual relations w~th the C~ty ASSIGNABILITY The Club shall not assign any interest m this Agreement, and shall not transfer any ~nterest m th~s Agreement (whether by ass~gmnent, novation, or otherwise) w~thout the prior written consent of the City MODIFICATION No waiver or modification of this Agreement or of any covenant, conrht~on, or hmltanon herean eontmned shall be vahd unless m writing and duly executed by the party to be charged therewith, and no ewdance of any watver or modfficat~on shall be offered or received in evidence ~n any proceeding arising between the part,es hereto out of or affecting this Agreement, or the rights or lobhgatlons of the part, es hereunder, and unless such wmver or modlficauon ~s in writing and duly executed, and the parties further agree that the provlsmns oftlus section will not be waived unless as set forth hereto ARTICLE 13 MISCELLANEOUS A The follo ,w~,n,g exhibits are attached to and made a part of this Agreement (hst exhibits) EXlub~t "A Resolution No ~ B Venue of any suit or cause of action under tins Agreement shall he exclumvely ~n Denton County, Texas Th~s Agreement shall be construed ~n accordance w~th the laws of the State of Texas C The captions ofth~s Agreement are for mformat~onal purposes only, and shall not an any way affect the substantive temas or condmons of thxs Agreement Juneteenth Celebrauon Agreement - Page 4 F \shared~ept\LGL\0ur Documents\Contracts\00XJuneteenth Contract doc IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized C~ty Manager, and Jon Jon's N~ghtclub ha~.e~ecuted this 3t~ement through ~ts duly authorized undersigned officer on th~s the ~ day of , 2000 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL/FORM ~"~"~ //-joh Cathn {// Proprietor WITNESS BY Juneteenth Celebratxon Agreement - Page 5 F \shared\dcpt\LGL\Our Documents\Contracts\00~Iunetecnth Contract doc A RESOLUTION ALLOWING JON JON'S NIGHTCLUB TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE JUNETEENTH CELEBRATION DANCE TO BE HELD AT THE DENTON CIVIC CENTER, UPON THE CONDITIONS OF OBTAINING BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING GENERAL LIABILITY INSURANCE, AND AGREEING TO INDEMNIFY THE CITY FOR ANY LIABILITY, AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT FOR THE CONDITIONS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton ("City") is the owner of the Denton Civic Center and through the Park and Recreations Department co-sponsors a Juneteenth Dance Celebration at the C1vlc Center, WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center pursuant to City of Denton Code, §22-32 (b), WHEREAS, The Juneteenth Committee (the "Committee"), made up of community volunteers, has requested permission to sell alcoholic beverages at the Juneteenth Dance Celebration and has made arrangements with Jon Jon's Nightclub (the "Club") to prowde such alcoholic beverage services at the event, and WHEREAS, the Committee has requested the Club be the sole participant allowed to sell alcoholic beverages at this year's Juneteenth Dance Celebration on June 16, 2000, and WHEREAS, the Parks and Recreation Board has recommended that the Club be the sole partmlpant allowed to sell alcoholic beverages at the Juneteenth Dance Celebration, and WHEREAS, the City agrees with the recommendation of the Parks and Recreation Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 The Club shall be the sole participant allowed to sell alcoholic beverages at the Juneteenth Dance Celebration on June 16, 2000 at the Civic Center upon the following conditions 1 It shall be responsible for rental of any booth space necessary, 2 It shall be responsible for obtmmng the temporary license and permit for selling alcoholic beverages approved by appropriate state agency, 3 It shall provide the security necessary for the sale of alcoholic beverages, 4 It shall provide general comprehensive liability insurance from a responsible career, with the City as an additional insured, in the amount of $500,000 00 5 It agrees to ~ndemmfy the C~ty of Denton against any habfl~ty me,dent to the selhng of alcohohc beverages at the Juneteenth Dance Celebration ~ The C~ty Manager ~s authorized to execute the agreement attached as Exlub~t "A" and incorporated hereto as ff cop~ed word for word, setting out the conditions set forth above w~thout further actxon by the C~ty Council ~ Th~s resolution shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the Ia~c'~ day of 3Z..~_ff ~ , 2000 EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents~Resolutlons\00kluneteenth alcohol sell doc Page 2 RESOLUTION NO ~)~/~ -'5 ~ A RESOLUTION APPROVING AN INFRASTRUCTURE SALES TAX AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND ROBSON DENTON DEVELOPMENT, L P, AN ARIZONA LIMITED PARTNERSHIP RESPECTING THE CONSTRUCTION OF A WASTEWATER TREATMENT PLANT, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the Cxty Council of the City of Denton hereby approves an Infrastructure Sales Tax Agreement by and between thc C~ty of Denton, Texas and Robson Denton Development, L P, an Arizona hmlted partnership, respecting a tax exemption, as provided by applicable law, pcrtmmng to thc construction of a wastewater treatment plant, a copy of which Agreement is attached hereto and incorporated by reference herein, and the City Manager is hereby anthonzed to execute smd Agreement on behalf of the C~ty SECTION 2 That this resolution shall become effective immediately upon its passage and approval ~ PASSED AND APPROVED this the (/Q~/'L day of 12_ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By ~/~ ~~Z) APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY STATE OF TEXAS § § COUNTY OF DENTON § INFRASTRUCTURE SALES TAX AGREEMENT THIS AGREEMENT IS made and entered rote thlS~ day of ~ ,2000, by ROBSON DENTON DEVELOPMENT, LP, an Arizona hmlted(p~nerslup ("Robson"), and CITY OF DENTON, TEXAS, a Texas municipal corporation (the "City"), acting by and through their respective officers and officials RECITALS A, Robson desires to develop a master-planned residential community on approximately 3000 acres of real property located in the City of Denton, In Denton County, Texas (tho "Development") B In furtherance of the Development, Robson has prepared, and the City has approved~ a final plat ofa pomon of the Development known as Robson Ranch Water Reclamation Plant, an addition to the City of Denton, Texas, recorded in Cabinet R, Page 365 of the Plat Records of Denton County, Texas (the "Plat") C As part of the Development, Robson intends to construct a wastewater treatment facility and related nuprovements (collectively, the "Wastewater Treatment Plant") on the real property shown on the Plat as Lot 1, Block 1 (the "Property"), in substantial accordance with drawngs land specificataons approved by the City in 1ts issuance of a building permit for the Wastewatar Treatment Plant (the "Approved Drawlngs and Specifications') D, Section 1 $1 309(5) of the Texas Tax Code ("TTC"), as amended, provides that a taxable 1tern sold, leased, or rented to, or stored, used, or consumed by, a city or other political subdlvlsl0n of this state is exempted from the taxes imposed under Chapter 151 of the TTC E Section 151 31 l(a) of the TTC, as amended, provides that the purchase of tangible personal property for use in the performance of a contract for an improvement to realty for an organization exempted under Sectaon 151 309 of the TTC is exempt if such tangible personal l~roperty IS incorporated into realty in the performance of the contract F, Section 151 311 (b)(1) and (2) of the TTC, as amended, further provides that the purchase of tangible personal property, other than mactunery or equipment and 1ts accassones and repair and replacement parts, for use in the performance of a contract for an Improvement to realty for an organization exempted under Section 151 309 of the TTC is exempt If the tangible personal property is, 98387 00001 DALLAS 1128012 3 - 1 = (1) necessary and essential for the performance of the contract, and (2) completely constuned at the job site Section 3 291 of Title 34 of the Texas Admlmstratlve Code (the "Regulatton") provtdes that sales tax is due on all tangible personal property used to improve real property belonging to a private party that has been dedtcated to and will be accepted by a governmental enttty unless (1) the construction contract between the private party and tts contractor is a "separated contract" w~thm the meaning of subsection (b) of the Regulation, (2) the construction contract provtdes that t~tle to the materials used to perform the contract passes to the private party at the ttme the materials are delivered to the job site and before they are incorporated into the realty or used by either the contractor or the private party, and (3) the constmctton contract prowdes that the private party intends to donate the personal pwperty to the governmental emtty before tt ts tncorporated mto the realty or used by the contractor The private party must provide the contractor voth a letter of intent or other document from the governmental entity stating its intent to accept the property H Robson intends to comply wtth the Regulation and thereby achieve an exemption from sales and use tax for all tangtble personal property used to construct the Wastewater Treatment Plant and related nupmvements and improve smd Property In that regard, Robson and Cumer Construction, Inc ("Contractor") have executed a construction contract dated March 8, 2000 (the "Construction Contract"), provtdlng for the constmctton of the Wastewater Treatment Plant The Constmctton Contract ts a separated contract under the Regulation, and incorporates the provlsmns referenced m subparagraphs (2) and (3) of Recital O above I Robson has spectfically requested that the City enter into tlus Agreement, and has represented to the City that to the best of Robson's knowledge and behef, based on consultatton wtth Texas counsel, that this Agreement ~s vahd under applicable Texas law Robson further represents that tt wtll perform its duttes and responsththtles under thts Agreement m a manner consistent voth applicable law governing quahficatton for the above-stated state sales tax exemptton. J In a Letter of Understanding (hereto so called) previously executed by Robson and the City, Robson agreed to construct the Wastewater Treatment Plant and related factht~es, subject to City approval of the design and specfficattons, and the City agreed to thereafter own and operate the Wastewater Treatment Plant in accordance wtth the applicable roles imposed by the State of Texas Robson and the City intend for this Agreement to serve as a document stating and formally evidencing the intent of the City to accept (0 the materials whtch will be physically mcorporated into the Wastewater Treatment Plant (the "Incorporated Materials") and (n) the tangible personal property (excluding machinery and eqmpment) used to construct the 9838700001 DALLAS 11280123 ' 2 = Wastewater Treatment Plant wluch, al~er being used for its Intended purpose, will be substanUally used up or will not be retained or reusable by Contractor ("Consumable Items") (the Incorporated Items and the Consumable Items are herein collectively called the "Donated Materials"), so that the Donated Materials will be exempt from sales and use tax AGREEMENT In consideration of the matters set forth in the Recitals and the covenants and conchtions set forth below, the City and Robson AGREE as follows 1 Incoroorat~on of Recitals Robson and the City expressly incorporate all Recitals set forth m this Agreement as a part of flus Agreement, and represent each to the other, that the Recitations are true and correct 2. Dedic~l~0n and Accentance Pursuant to the approved Plat, Robson has irrevocably dedicated the Property and Wastewater Treatment Plant to the City, and Robson and the City hereby confirm such dedication Consistent with the Plat and the Letter of Understanding, the City agrees that, upon substantial compleUon of the Wastewater Treatment Plant in a good and workmanlike manner, in substantial accordance with the Approved Drawings and Speclficat~ous, the City will at that t~me accept the Property and the Wastewater Treatment Plant and thereafter operate the Wastewater Treatment Plant in accordance with the applicable rules Imposed by the State of Texas 3 Dolloted Materials This Agreement confirms that (a) Robson intends to donate to the City all Donated Materials before any Donated Materml Is incorporated into the realty or used by Contractor, and that (b) the City intends to accept such donation As Donated Materials are delivered to the job site and title thereto passes to Robson under the Construction Contract, such Donated Materials shall be deemed simultaneously donated to, and accepted by, the City 4 Llablhtv Claims Robson agrees to mdemmfy, defend and hold harmless the City from and on account of any and all claims, demands, habflmes, costs and expenses, including but not lumted to court courts and reasonable attorneys' fees and expenses, wiuch are asserted against, suffered or incurred by the City as a result of the City's acceptance of any Donated Materials before the Wastewater Treatment Plant is substantially completed and accepted by the City with the Property, including but not limited to clmms wluch arise as a result of personal injury, wrongful death, or property damage, AND INCLUDING CLAIMS WHICH RESULT OR ARE ALLEGED TO RESULT FROM THE CITY'S OWN NEGLIGENCE In addition, Robson agrees to mmntmn pubhc liability Insurance in an amount of not less than $3,000,000 naming the City as an additional insured w~th respect to claims made m connact~on with the Donated Materials. Robson shall provide the City a certificate of such insurance simultaneously with the execution and delivery of this Agreement 5 Casualty Loss Throughout construction of the Wastewater Treatment Plant, Robson shall maintmn property Insurance written on a builder's risk "all-rlsk" or eqmvalent policy form in an amount at least equal to the construction cost of the Wastewater Treatment Plant Without hmitmg the foregoing, such policy shall insure the Donated Materials against risk 98387 00001 DALLAS 1128012 3 = 3 - of casualty loss from the time of their dehvery to the Property, and, with respect to the Donated Materials, shall name the City as an adchtional insured party as its interest may appear Robson shall provide the City a cemficate of such insurance simultaneously with the execution and delivery of this Agreement In the event that, during construction, the Wastewater Treatment Plant or any Donated Materials should be stolen, destroyed, or damaged by fire or other casualty, Robson shall adjust the loss with the property insurer, receive all insurance proceeds payable in response to the destruction or damage and restore or replace the stolen, damaged, or destroyed property as soon as reasonably practicable and continue the Wastewater Treatment Plant project 6 Bankruptcy If, prior to substantial completion of the Wastewater Treatment Plant and ,the City's acceptance thereof, Robson should file a bankruptcy petition or become the subject of an involuntary proceeding under the Umted States Bankruptcy Code, and if the City should be reqmred to participate in the bankruptcy action as a result of its possession and/or ownership of Donated Materials, or its agreement to accept the Property and Wastewater Treatment Plant, then Robson shall defend, lndemmfy and hold harmless the City agmnst all out of pocket costs, mcludmg reasonable attorney's fees and expenses, incurred by the City to pamclpate in such action 7 S~ecial Circumstances Robson and the City agree that this Agreement is solely limited to and pertmns only to the construction of, and dedication by Robson to the City of, a Wastawater Treatment Plant, together with related facilities, situated at the above-referenced Robson residential community The City, by entering rote this Agreement with Robson, recognizes the umque nature oftlus project, its near-term and long-term impact upon the City, and the willingness of Robson to expend significant amounts of its funds in order to expedite the ultimate completion of the Wastewater Treatment Plant and the connection to the City's other lnfrastructttre 8 Entire A~eement This Agreement constitutes the entire agreement between Robson and the City with respect to the subject matter hereof This Agreement may be amended only by a wnttan instrument executed by Robson and the City 9 Counterparts Tlus Agreement is hereby executed in duplicate onglnal counterparts, each of which shall constitute an original, but all of which together shall constitute one Agreement 98387 00001DALLAS 1128012 IN WITNESS WHEREOF, Robson and the Oty have executed th~s Agreement as of the date first written above "ROBSON" ROBSON DENTON DEVELOPMENT, LP, an Arizona hm~ted parmersh~p By Denton Property Management Company, an Arizona corporataon dmng business ~n Texas under the name Robson Denton Management, ns General Partner "CITY" CITY OF DENTON, TEXAS, a Texas mummpal corporation By IVl~¢l~ael W Sy(z, Clty(~ft-na~/er ATTEST, JENNIFER. WALTERS, C~ty Secretary APPROVED AS TO LEGAL FORM HERBERT L PROUTY, C~ty Attorney 98387 00001 DALLAS 1128012 3 - ,~ - A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A NONRESIDENTIAL PROJECT PLAN FOR SOUTHRIDGE EXXON, BEING AN APPROXIMATELY 0 61 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 35E AND TEASLEY LANE, AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-003) WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 which established certmn nonresidential interim regulations (the "Nonresidential Interim Regulations"), WHEREAS, the Nonresidential Interim Regulations established, among other things, a project plan requirement, and WFIEREAS, the owners of an approximately 0 61 acre tract of land zoned General Rctaal (GR) and described as 0 61 acres ofunplatted land tn the S C Hiram Survey, Abstract No 616 have made apphcataon for approval of a proJect plan under the Nonresidential Interim Regulations, a copy of which is attached hereto as Exlublt "A" and made a part hereof by reference (the "ProJect Plan"), and WHEREAS, the City Council finds that the ProJect Plan, with the condlUons imposed hereto, 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 is hereby approved SECTION 2 Tl'us resolution shall become eff~cUve immediately from and after its approval PASSED AND APPROVED this the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY -' /~ APIrROVED AS TO LEGAL FORM BY ,'~'"~/ ~ NOTE Amended by Resolution No. R2001-020 RESO TION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, REPLACING A POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS, AND DECLARING AN EFFECTIVE DATE WHEREAS, on January 21, 1998, the City Council adopted gmdehnes and cntona, known as the Denton Policy for Tax Abatement, passing Resolution No R98-004, and WHEREAS, that Tax Abatement Policy has now expired, and WHEREAS, the City Council desires to promote economic development wltlun Denton, and WHEREAS, providing tax abatement and other economic development incentives within the City and its extraterritorial jurisdiction will likely contribute 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 gmdehnes for tax abatement and resolutions No R90-018 and R98-004, and WHEREAS, the Joint Committee on Tax Abatement, composed of representatives of the City of Denton, the Denton Independent School Dmtnct, and Denton County have recommended a new Tax Abatement Policy to replace the expired policy, which is attached hereto as the Denton Pohcy for Tax Abatement, and WHEREAS, the City Council deems it in the public interest to continue to be eligible for participation in tax abatement and to adopt the new policies, guidelines and criteria govermng tax abatement agreements to be known as the Denton Policy for Tax Abatement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the polices, guidelines and criteria found in the Denton Pohcy for Tax Abatement, attached hereto is Exhibit A and made a part of this Resolution and incorporated herein for all purposes, are in all things approved and adopted From and after the effective date of this Resolution, the attached Denton Policy for Tax Abatement shall constitute policy gmdehnes and cntena governing tax abatement agreements for the City of Denton in accordance with Chapter 312 of the Tex Tax Code SECTION 2 That pursuant to Tex Tax Code Section 312 002(c) the gmdelanes and criteria adopted hereto shall be effeetave for two (2) years, dunng whaeh tame the guadelanes may be amended or repealed by a vote of~A of the members of the Couneal SECTION 3 That the Caty Councal hereby reasserts ~ts decision to become elag~ble to partmlpate an tax abatement The Caty Council provides certain tax ancentaves applacable to business enterprises ~n various reanvestment zones whmh are establashed in the Cxty, m accordance wath the apphcable pmvasaons ~n Chapter 312 of the Tex Tax Code and xn accordance wath the guldelmes and criteria establashed xn the attached Exh~bat A SECTION 4 That thas resolutaon shall become effectxve xmmedmtely upon ats passage and approval at the regular meeting of the Cxty Councal of the City of Denton, Texas, on the 6th day of June, 2000, at whach meetang a quorum was present and whach meetang was held an accordance wath the provasxons ofTex Gov 't Code §551 001, ett~eq PASSED AND APPROVED thas the ~" day of[\'~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 EXHIBIT A DENTON POLICY FOR TAX ABATEMENT I GENERAL PURPOSE AND OBJECTIVES The C~ty of Denton (City) and the Denton Independent School D~stnct (DISD) are committed to the promotion of high quahty development m all parts of the city and to an ongoing improvement m the quahty ofhfe for ~ts c~tlzens Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the C~ty and DISD wall, on a case-by-case bas~s, g~ve consideration to prowd~ng tax abatement as a stimulus for economm development m Denton It ~s the pohcy of the C~ty and DISD that smd consideration w~ll be provided in accordance w~th the procedures and criteria outhned m th~s document Nothing herein shall ~mply or suggest that the City or DISD are under any obhgatmn to prowde tax abatement to any appheant Denton County ad valorem taxes also may be abated, however, apphcations wall be considered separately under the guldehnes of the Denton County tax abatement pohcy All apphcants shall be considered on a case-by-case bas~s Abatements will be considered only as inducements to generate development that otherwise would not occur Abatements wall not be considered ~f construction of a projeet already has begun Tax abatements, as described ~n this pohcy, will be avmlable for new and/or emst~ng faclht~es and structures and for businesses wanting to locate, expand or modernize basra ~ndustnes, corporate office headquarters or d~stnbut~on centers, except as this pohcy may be hm~ted for property described ~n Sectton 312 211 (a) of the Texas Property Tax Code (Vernons Texas C~vd Statutes Annotated, hereinafter referred to as "Tax Code ") 1 II JOINT TAX ABATEMENT COMMITTEE Requests for tax abatement shall be reviewed by the Joint Committee on Tax Abatement, said Committee being comprised of two elected officials each from the City, the DISD and Denton County One additional staff person from each jurisdiction shall be appointed to serve as a nonvoting, ex officio member of the committee The Joint Committee on Tax Abatement serves as a recommending body to the taxing entities regarding whether economic development mcentlves should be offered in each individual case Its recommendation shall be based upon an evaluation of reformation submitted m the tax abatement apphcatlon and any addmonal reformation requested by the Committee or presented to the Committee The Tax Abatement Appheatlon xs presented as Exhibit A of th~s policy All meetings of the Joint Committee shall be held ~n comphance wxth the Texas Open Meetmgs Act, Chapter 551 of the Texas Government Code III VALUE'OF INCENTIVES The criteria outlined m the Appheat~on will be used by the Joint Committee on Tax Abatement in determining whether or not ~t ~s m the best interests of the affected taxmg entities to recommend that tax abatement be offered to a particular project Specific considerations will ~nclude the degree to which the individual project furthers the goals and objectxves of the community as described m the Denton Comprehensive Plan, as well as the relative ~mpact of the project New, expanding and modermzlng businesses may be consxdered for abatement if the minimum threshold, as described m Table 1 below, is met Once a detenmnat~on has been made that tax abatement should be offered, the value and term of the abatement may be determmed by referencing the following table 2 TABLE 1 Estabhshes a framework for consldenng 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, compames must meet the minimum threshold of the pohcy ~n the first 24 months from the execution of the agreement or as spemfied ~n the tax abatement agreement If upon mltml apphcat~on a project quahfies for tax abatement under the gmdehnes set forth in th~s policy, 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 50% annually or continue for a period of more than ten years No apphcant may receive credit for more than five of the following factors · The project will occupy a building that has been vacant for at least two years, · The project wall create h~gh-skllled, h~gh-pay~ng jobs as documented by the applicant, (A breakdown of number of jobs per job classification and entry level wage per classfficatlon wdl be used to determine ehg~bfl~ty), The project will revolve a s~gmficant relationship w~th one of the two tmlvers~t~es ~n Denton, 3 · At least 25% of the new jobs created by the project will be filled by Denton residents, · The project wall provade knowledge-based jobs (at least 25 percent of jobs reqmre college bachelors degree at entry level), · The project will donate s~gmficant pubhc art to the commumty (To qualify, donation must be approved by Greater Denton Arts Council and City Council), · The project wall donate s~gmficant materaals/eqmpment to the pubhc schools (To quahfy, donation must be approved by DISD and C~ty Council ), · The project will create ~mprovements to the Denton Central Business D~sU'~ct, · The project will result ~n the formation of a bus~ness park, · The project ~s an ~ntemat~onalor national headquarters facthty The total tax abatement may not exceed 50% annually for ten years All abatements are subject to final approval of the C~ty Council and DISD Board of Trustees, or the County Comm~ss~oner'sCourt. Even though a project may meet the criteria as set forth in th~s pohcy, an apphcatlon may be denied at the &scretmn of the City Councd and/or DISD Board of Trustees Tax abatement shall not apply to any polygon ofthet~lll~al~g~f~fllepl~ject. The thresholds as descnbed~n Table 1 are consxderedguldellnesfor estabhshlng the Tax Abatement Agreement terms However, the C~ty and DISD may determine that a lower or hagher percentage and/or a shorter or longer term of abatement may be more appropriate for an ~n&wdual project If abatement ~s approved, the City and DISD may consider applying all or a portaon of the abatement ~n the first year or during any shorter per~od wathm the term of the tax abatement agreement For example, an approved abatement of 25 percent for four years may be apphed as 100 percent abatement for one year To receive tax abatement from the City, the owner of the project must enter Into a contract w~th 4 Denton Mtmmipal Electric Utalmes to provide electnc service for a period of not less than five years and maintain performance of contractual obligations for the full period of the contract, unless located in an area m whmh the Denton Mtmmlpal Electrm Utllmes is not certffied to serve Upon recommendation of Denton Mumclpal Eleemc Utdmes, this reqmremant may be waived abat~t, or ~ ~flY~ 8p~oial p~j ~ ~o redevelop abandoned bmldmgs oons~stent ~ em~mg 1~ ~:~0s~ q~ ~ey, ~ ab~doned braiding ~s defmed ~ a building ~at has of five years o~t~ S~.ib$~/Iiall¥~d~e;~ed ~pl~afse6 yatue~ Abatement would only be com~dered on the Of the prop~l~ ~fi~r ~ ~whiol~,tho,~fghgtemeltt agreement ~s executed. The City of Denton ~d Denton L~pe~0~l~t~a~ ~on~de~er~ ~cenuves au~on~dby 1~ Prehmma~ ADDhcat~on IV. PROCEDU~ GUIDELI~S ~y person, org~mt~on or co~oratmn des~nng ~at the C~ty or DISD consider prowd~ng tax abatement to enco~age location or exp~s~on of facilities w~th~n ~e hm~ts of the jmsd~ct~ons shall be reqmred to comply w~th ~e following procedur~ gmdehnes Nothing within these gmdehnes shall ~mply or suggest that either the C~ or DISD is under any obhgatlon to prowde tax abatement to any apphcant. A Apphc~t shall complete the a~ached "Apphcat~on for T~ Abatement" B Applicant shall prepare a map or other documents providing the follovang · precise location of the property and all roadways within 500 feet of the site · existing uses and condmons of real property · proposedlmprovementsand uses · any proposed changes an zoning · compatibility with the Denton Comprehensive Plan and applicable building codes and Ctty ordinances C A complete legal description shall be provided Applicant shall complete all forms and information detailed in the Application and submit all information to the City Manager, City of Denton, 215 E McKlnney, Denton, TX 76201 D All information in the application package detailed above will be reviewed for completeness and accuracy AddItIonahnfonnation may be requested as needed E The application wall be distributed to the appropriate City and DISD departments for tntemal review and comments Addmonal information may be requested as needed F Copies of the complete apphcataon package and staff comments will be provided to the Joint Conunlttee on Tax Abatement G Fiscal agents of the City, DISD and County will review the application for comments and recommendation Additional reformation may be requested as needed Consideration of the Appllcataon H The Joint Committee on Tax Abatement will consider the application at a regular or called meetmg(s) Addltlonahnformatlon may be requested as needed I The recommendation of the Joint Committee on Tax Abatement will be forwarded, with all 6 S \TAX ABATEMENT~TAX ABATEMENT POLICY 2000 FINAL DR~FT doc relevant materials, to the ch~efadmimstratlveofficer of each taxing entity J If the City Council of Denton dec~des to grant a tax abatement, it shall call a public hearing to consider estabhshrnent of a tax relnvestment zone in accordance with Section 312 201 of the Tax Code The mmvestment zone must meet one or more of the criteria of Section 312 202 of the Tax Code K The City Council of Denton shall hold a public heanng and determine whether the project is "feasthle and practical and would be of benefit to the land to be included within the zone and City after the expiration of the tax abatement agreement m accordance with Section 312 201" Specml consideration shall be g~ven to pohc~es noted in the Denton Comprehensive Plan when designating a tax relnvestment zone L The C~ty Council of Denton may consider adoption of an ordinance designating the area described in the legal descnptton of the proposed project as a commerclalhndusmal tax abatement zone M The C~ty Council may consider adoption of an ordinance or resolution approving the terms and conthtlons of a contract between the City and the applicant governmg the provision of the tax abatement and the commitments of the applicant, including all the terms required by Section 312 205 of the Tax Code and such other terms and conditions as the City Council may require Should the commitments subsequently not be satisfied, the tax abatement shall be null and void (unless the tax abatement agreement provides for a recapture of the property tax revenue lost propomonate to a partial fmlure to meet the minimum thresholds set forth in the agreement) and all abated taxes shall be prod immediately to the City of Denton and all other taxing Jurlsdmtlons partlcipatmg in the tax abatement agreement Provis~ons to this effect shall 7 be incorporated mnto the agreement N The governing bodies of Denton County and DISD may consider rat~ficaUon of and part~cmpaUon m the tax abatement agreement between the Cmty of Denton and the apphcant O The C~ty and DISD reserve the authority to enter mnto tax abatement agreements at d~ffenng percentages and/or terms as set forth mn the gmdehnes of this pohcy, consistent wroth the reqmrements of the Tax Code Any tax abatement agreement wall address various issues, ~nclud~ng but not hm~ted to, the following 1 General description of the project, 2 Amount of the tax abatement and pement of value to be abated each year, 3 Method of calculating the value of the abatement, 4 DuraUon of the abatement, ~nclud~ng commencement date and tenmnaUon date, 5 Legal description of the property, 6 Kind, number, locaUon and umetable of planned ~mpmvements, 7 Specffic terms and conditions to be met by applicant, 8 The proposed use of the famhty and nature of construction, 9 Contractual obhgatlons ~n the event of default, wolaUon of terms or conditions, dehnquent taxes, recapture, adm~mstratmonand ass~gmnent Annual Evaluatmon Upon compleUon of constructmon, the Jomnt Committee on Tax Abatement shall receive from the C~ty Manager an annual evaluation of each abatement to insure comphance wath the agreement and to report possible wolatlons of the agreement to the taxing enuues After new tax base numbers are received ~n July 8 of each year, the City Manager and his staff wall have ninety (90) days to review and prepare a breakdown of those figures Transfer or Assignment A contract for tax abatement may be transferred or assigned by the original applicant to a new owner upon approval by the various taxing jurisdictions after such a recommendation is made by the Joint Committee on Tax Abatement In perf~igg;~i~ Ag~em~t, O~RS agree Fo use dihgent effom to pmeh~e ~3 goods ~d semites ~om ~en~n ~n~s~w~neve~ch ~goo& ~d se~ices ~e comp~able m avatlabfl~, q~ty ~d price As a ~~ r~peet ~ ~IT~g pr~eets ~d proc~ements, CITY also ~nco~agos ~e Us~, if appliea~~e~ ~o~o~o~;~g~ogmcto~s ~d supphers whe~ at le~t fi~-one percem (5~ %) of~e ~S~h ~ot;(~bevn~or or suppher as vested m rac~ or e~c m~oflfles Or ~ig ~ sele¢~0a of~o~o~s~ suppliers or o~er pe~o~ or orgam~uons proposed for ~k~ ~it~ment~ ~e~ ~ERS ~ee to consid~ ~s pohcy ~d to Use ~eir re~le to ~leet ~d e~y~Sueh mmp~tes md persons for work on ~s Ag~mem ~ab R~rnit~vw.~derate Income Census Tm~ cause lessees o~m~l~m~e a¥~l~fult~tilne,~or part,me employment with on-the-job training for Denton c~t~/em~ I~t~s eff0g~, O~;9~'q~,~!essee or a~ssignee agrees to reermt from the low-moderate income Censu~ V~ets ~l~er d~med in~i~ ¢i~ncentration of Low/Mod Income by Block Groups shown ~below 9 10 EXtHIIIT A The City of Denton Tax Abatement Application About the Apphcatton The Tax Abatement Application provides the City with specific information on the project The information requested m the Apphcatlon is designed to address the criteria developed w~thln the City of Denton's Tax Abatement Polmy The reformation serves as the basis for fiscal analysis and overall project evaluation This evaluation ~s provided to Council Members and serves as a source document during City Council dehberanons The Apphcatton And The Agreement Specffic reformation from the Apphcatlon (hke value of new investment and employment commitments) incorporated ~nto the Abatement Agreement In fact, the Apphcat~on Is an attachment to the Agreement S~nce the agreement is a binding contract, it ~s important that each questmn on the application be answered m full and as reahstlcally as possible Simply put, the application is part of the process from start to fimsh so you'll want to make sure you're comfortable with the contents When Is The Apphcatton Ftnal ~ The answer to this question is very sunple When you tell us, "It's final" It is not uncommon for a property owner(s) to submit numerous Apphcatlons as drafts for Informational and evaluative purposes only As conversations conttnue, the property owner will submit a finahzed version of the Apphcatlon that includes all of the commitments agreed to during the discussions What About Confidenttahty ? Section 312 003 of the Texas Tax Code makes confidential information prowded to the City as a part of this apphcatlon that describes the specffic processes or bus~ness activities to be conducted or the eqmpment or other property to be located on the property This mformat~on ~s not subject to pubhc disclosure until the tax abatement agreement is execnted Section 522 131 of the Texas Government Code (Texas Public Information Act) makes confidentml ~nformatlon which relates to economic development negotmtlons between the C~ty and a business prospect that the C~ty seeks to have locate, stay or expand in or near the terntory of the City The information must relate to a trade secret of the business prospect, commercial or financial information which the business prospect can demonstrate based on specifte factual evidence that disclosure would cause substantial competitive harm to the person from whom the mformatmn was obtained or lnformatton about a ftnancml or other tncent~ve being offered to the business prospect by the City or by another person Information about a financml or other incentive being offered to the business prospect is required to be disclosed when an agreement is made w~th a business prospect The City ~s subject to thsclosmg most records and documents upon request under the Pubhc Information Act Accordingly, please clearly indicate and mark any mformatlon you consider proprietary Tins would mclude anytlung m your applicatmn winch you constder a trade secret, commerctal or financml mformation which you can demonstrate by specffic factual evidence that would cause substantial compettttve harm ff theclosed, mformatton winch descrtbes the specific processes or business actlwttes to be conducted or the eqmpment or other property for winch the tax abatement is sought, any financial or other mcenttve you may be seeking from the City or any other information you deem to be confidentml under the law Who ts Authorized To &gn the Apphcatton ~ Because the Application ~tself is non-b~ndlng, the person signing need not be the property owner or even an individual duly authorized to sign on behalf of the property owner However, if an Agreement is reached, the Appltcatlon will be an attachment to the Agreement and its contents will be binding through the authorized signature reqmred on the Agreement 11 S \TAX ABATEMENT~TAX AIIATEiVI~NT POLICY 2000 FINAL DRAFT City of Denton Tax Abatement Application C~ty of Denton C~ty Manager's Office Denton, Texas 76201 (940) 349-8307 (940) 349-8596 FAX 12 APPLICATION FOR TAX ABATEMENT CITY OF DENTON, TEXAS Property Owner Company 6r Project Name Mathng Address Telephone I Fax No Contact Name Title Mailing Address Telephone I Fax No 2 Provide a chronology of plant openings, closing and relocations over the past 15 years 3 Provide a record of mergers and f'manclal restructuring during the past 15 years 4 Will the occupants of the project be owner or lessee~ If lessee, are occupancy commitments already existing? 5 ls the project a relocation of existing facthty or a new faclhty to expand operations? lfrelocatmn, give current location 13 6 If an existing Denton business, will project result in abandonment of existing facility'> If so, the value of the existing facthty will be subtracted from the value of the new facthty to arnve at total project value 7 Property Description - Attach a copy of the legal description detathng property's metes and bounds - Attach map of project lncluthng all roadways, land use and zoning within 500 feet of site 8 Current Value Attach copy of latest property tax statement from the Denton County Central Appraisal District (include both real and personal property) 9 Increased Value/Esttmatad Total Cost of Project Structures $ Site Development $ Personal Property $ Other Improvements $ 10 Indicate amount of tax abatement and number of years requested for each taxing entity City of Denton % years Denton Independent School District % years Denton County % years List any other financial incentives this project will request/receive Estimated Freeport Exemption $ Emmated Electric Utthty lndusmal Development Rader $ Estimated Water/Wastewater Infrastructure Assistance $ 11 Give a brief descrtptton of the activities to be performed at this location, including a description of products to be produced and/or services to be provided 14 12 Project Constmction Phase A Estimate percentage of project development and construction dollars to be spent with Denton based contractors or sub-contractors Construction costs $ I Percentage local contractors % B Construction Employment Esttmatas Start Date (Mo/Yr) Completion Date (Mo/Yr) No of Construction Jobs Estimated Total Constructzon Payroll $ C Describe any off-stte infrastructure reqmrements · Water · Wastewater · Streets · Drainage · Other 15 13 Project Operation Phase Provide employment reformation for the number of years tax abatement is requested At ProJect Existing Start Date At Term of Employment Information Operation (mo/yr) Abatement (if applicable) __ / A Total number of permanent, full-time jobs B Employees transferred from outside Denton C Net permanent full-time jobs (A minus B ) E Total annual payroll for all permanent, full-time Jobs (A) F Types of jobs created List the job titles and number of potations in each category that will be employed at the faclhty Provide average wage for each category G Estimate annual ntlhty usage for project Electric $ Water $ Wastewater $ Gas $ 14 Describe any other direct benefits to the City of Danton as a result of thru project (e g, sales tax revenue or project elements identified in Tax Abatement Policy, Section Ill) 16 15 Is prope~y zoned appropriately9 Yes No Current zomng Zoning required for proposed project Anticipated variances 16 Is property platted? Yes No Will replattmg be necessary Yes No 17 Discuss any environmental impacts created by the project A List any permits for which applicant must apply Applicant will be required to provide Cay with copies of all applications for environmental permits upon completion of application(s) B Provide record of comphance to all envu'onmental regulations for the past five years 18 Provide specific detail of any businesses/residents that will be displaced and assistance that will be available from the requesting company 19 Provide description of any historically significant area included within the project's area as determined by the Historic preservation Officer If any, give detail of how the historically slgmficant area will be preserved 20 Justification for Tax Abatement Request Substantiate and more fully describe the justification for this request Include the amount of the abatement requested and show how tt wltl contribute to the financial viabthty of,the project Submit attachments if necessary 17 21 List add~tional abatement factors to be considered for this project as outhned on pages 3 and 4 of the tax abatement policy 22 Financial Information Attach a copy of the latest audited financial statement or, m the case of a new project, a business plan This tax abatement application is submitted with the acknowledgement that ad&tlonal certified financml information may be required Authorized Signature Date 18 \\CH LGL\VOL~\SHARED\DEPT~LOL\Our Documents~esolut~ons\00\Conservat~on Remvestment Act Res doc RESOLUTION NO f&O0- O,. q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS URGING THE UN~TED STATES SENATE TO APPROVE THE CONSERVATION AND REINVESTMENT ACT, WHICH INCLUDES OVER $236 MILLION PER YEAR IN FLrNDING FOR CONSERVATION PROGRAMS 1N THE STATE OF TEXAS WHEREAS, the City Council of the City of Denton, Texas is committed to preserving our historical and natural resources to ensure that all citizens will have the opportunity to enjoy these resources, and WHEREAS, the Conservation and Relnvestment Act (CARA) ~ncludes programs that will preserve open spaces, wfldhfe and h~stonc faclht~es, and WHEREAS, the passage of CARA will provide funds to state and local governments to md ~n the preservation of these resources wa the re~nvestment of Outer Continental Shelf off and gas revenues, and WHEREAS, the Umted States House of Representatives passed the Conservation and Remvestment Act (H R 701) by an overwhelming vote of 315 to 102 NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1, That the Umted States Senate consider approval of the Conservation and Remvestment Act providing state and local governments with funds to preserve the aforementioned resources PASSED AND APPROVED this the ~0~ day of ~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APlaROVED AS TO LEGAL FORM HERB~~ORNEY BY - RESOLUTION NO A RESOLUTION CANCELING THE REGULAR CITY COUNCIL MEETING OF JULY 4, 2000 AND JULY 18, 2000 AND THE CITY COUNCIL WORK SESSION OF JULY 11, 2000, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Sectmn 4 1 of the C~ty Council Rules of Procedure (Ordinance No 94-183) reqmms that the Council meet at 6 00 p m on the first and third Tuesday of each month, or at any other t~mes set by the Counml, unless postponed or canceled for vahd reasons, and WHEREAS, Section 2 05 of the C,ty Charter reqmres the C~ty Council to meet no less frequently than once a month, and WHEREAS, the Council desires to cancel the regular Council meeUng of July 4, 2000 due to that being a national hohday, and the regular Council meeting of July 18, 2000 and the Council work session of July 11, 2000, due to the need for the Council to have some t~me off from their very heavy work schedule at a t~me when a number of members of the C~ty Council and the C~ty staffvall be on vacatmn, and WHEREAS, for the masons ~ndmated above, the C~ty Council deems ~t in the pubhc ~nterest that the regular Council meetings of the C~ty of Denton, Texas, scheduled for July 4, 2000 and July 18, 2000 and the work session of the C~ty of Denton, Texas scheduled for July 1 I, 2000, be canceled, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 That the C~ty Council meetings of July 4, 2000, July 11, 2000, and July 18, 2000 are hereby canceled SECTION 2 That th~s resolut, on shall become effective ~mmed~ately upon ~ts passage and approval AND APPROVED th~s the (7~0 ~Z~day of ~7.f~ ,2000 PASSED EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 S \Our Documen~Resolutlons\00\911 nominate member doe RESOLUTION NO ff~ffff -- 0~[ A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the term of office of Harlan Jefferson, a member of the Board of Managers of the Denco 9-1-1 Dmtnct, will exptre on September 30, 2000, and WHEREAS, Section 772 306(c)(2) of the Health and Safety Code (V A C S ) provides that two voting members of the Board of Managers of an Emergency Commumcat~on D~stnct shall be appointed jointly by participating mumclpaht~es located ~n whole or m part ~n the D~stnct, and WHEREAS, the City of Denton, Texas w~shes to nominate a member to stud Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES SECTION 1 That the C~ty of Denton, Texas hereby nominates Harlan Jefferson as a member to the Board of Managers of the Emergency Commumcat~on D~stnct of Denton County for a two year term to,commence October 1, 2000 SECTION 2 That tins resolution shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED tins the,~t~day of ~2~_o. ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPRIOVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY RESOLUTION NO A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY, AND DECLARING AN EFFECTIVE DATE WHEREAS, the term of office of George Hopkins on the Board of D~reetors of the Texas Mumc~pal Power Agency has expared, NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That pursuant to the terms and provisions of Ordinance No 75-22 of the of Denton, Texas, George Hopkins ~s hereby appointed to a two year term of office on the Board of D~rectors of the Texas Mume~pal Power Agency, the term of office beglnmng on July 31, 2000 and ending on July 30, 2002 SECTION 2 That flus resolution shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED this theo?(~I''' day of_~__,2000 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY S \Our Doc~mentsLResolut~ons\00\Tex Parks & Wildlife Grant doc RESOLUTION NO ..~00- Pd~ A RESOLUTION OF rilE CITY OF DENTON, T XAS, DESIGNATING CERTAIn OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE CITY IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT, FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION & PARKS ACCOUNT GRANT PROGRAM, CERTIFYING THAT THE CITY IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE, CERTIFYING THAT THE CITY'S MATCHING SHARE IS READILY AVAILABLE, AND DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES WHEREAS, the Texas Legislature has approved the Texas Recreatmn & Park Account Grant Program (the "Program") pursuant to Sectmn 24 of the Parks & Wddhfe Code for the purpose of allowing the political subrhwslons of the State of Texas to partm~pate in the Program, and WHEREAS, the City of Denton, Texas ~s fully ehgible to receive assistance under the Program, and WHEREAS, the C~ty of Denton is desirous of authorizing an offimal to represent and act for the C~ty in deahng w~th the Texas Parks and W~ldhfe Department (the "Department") concerning the Program, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DENTON, TEXAS SECTION 1 The C~ty of Denton, Texas (the "Applicant") hereby certifies that it is ehg~ble to receive assistance under the Program SECTION 2 The Apphcant hereby certifies that the matching share for this apphcatlon is readily available at this time SECTION 3 The Applicant hereby authorizes and directs its City Manager or his designee, to' act for the Applicant in dealing with the Department for the purpose of the Program, and the City Manager Is hereby offimally designated as the representative in this regard _SECTION 4 The Applicant hereby specifically authorizes such offimal to make apphcat~on to the Department concerning the site to be known as Cross Timbers Park in the C~ty of Denton for use as a park rote The Cross T~mbers Park is hereby dedmated (or wtll be dedicated upon completion of the proposed acqms~tlon) for public park and recreation purposes ~n perpetmty S \Our Documents~Resolutmns\00\Tex Parks & Wddhfe Grant doc PASSED AND APPROVED thls the ~"9~f--r~day ° f ~f~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY TEXAS PARKS AND WILDLIFE DEPARTMENT TEXAS RECREATION AND PARKS ACCOUNT AGREEMENT Project Sponsor and Name Denton Cross Timbers Park, Project Number 50-00261 ProJect Penod , TPWD Approval Date to January 31, 2004 Total ProJect Cost $ 1,000,000 00 Approved State Funds $ 500,000 00 PROJECT DESCRIPTION {'SCOPE) The C~ty of Denton w~ll acquire by purchase/donabon and develop 70 48-acre Cross T~mbers Park to ~ncrude an 10 868-acre natural area acquisition (Cross T~mbers remnant forest and wetland), soccer held, multi-use court, playground, b~cycle rack, 5 p~cnrc tabres, 1 7-m~re tra~l, 1 0-m~le nature trarl, 3 bDdges, underpass, nature center, 5 educational nodes, wetland, 5 benches, utilities, and s~gns Cross T~mbers Park ~s located at the mtersechon of Hrckory Creek Road and Waterside Place ~n the southeast area of the c~ty Pre agreement costs from January 31, 2000 to the date of project approval ~n the amount not to exceed $344,583 00 shall be allowabre For and ~n consideration of the mutual covenants and benefits hereof, the Texas Parks and W~ldhfe Department (Department") and the "Sponsor" hereby contract w~th respect to the above described project as follows The Sponsor is obligated to adhere to all redu~rements established for the Texas Recreation and Parks Account Program Including program guidelines set out at 31 TAC Sec 61 132 61 137 2 No work on the,projeot by the Sponsor shall commence until wettec notice to proceed has been received from the Department 3 The Sponsor shall furnish the Department an annual report for a period of five years following the project completion prowd[ng to the satisfaction of the Department Informabon regarding present and anticipated use and development of the project s~te 4 The Sponsor s~all Install and maintain at the project site a permanent fund acknowledgment s~gn as prescribed by the Department 5 All ut~ht~es at the project site shall be underground and approved by the Department 6 The General PrOwslons dated September 1994 attached hereto are hereby made part of th~s agreement 7 The Summary Guidelines for Administration of Local Park Grant Assistance Projects dated September 1994 attached hereto is hereby made part of this agreement 8 The ongmal application and supplemental decumentat[on submitted by the sponsor are hereby made part of this agreement 9 The Agreement ~s effective upon exacubon by the Department Mr T~m Hogsett, D~lector, Recreation Grants Branch Mr Michael A Conduff, C~t¥ Manager (Name and Title) (Name and T~tle) · (date of App~'ova~ - (Rev 05/00) (Date) TEXAS PARKS AND WILDLIFE DEPARTMENT ,CERTIFICATE OF LAND DEDICATION FOR PARK USI- TEXAS RECREATION AND PARKS ACCOUNT PROGRAM Thru ~s to cert#y that a permanent record shall be kept ~n the CITY OF DENTON public property records and be made available for public Inspecbon to the effect that the property described m the scope of the Project Agreement for Denton Cross Timbers Park, Project Number 50-00261, and the dated project boundary map made part of that Agreement, has been acquired or developed with Texas Recreation and Parks Account asmstance and that ~t cannot be converted to other than pubhc recreation use without the written approval of Texas Parks and W~ldJ~fe CITY OF DENTON/ POLITICAL SUBDIVI ION Mr M~chael A Conduff, C~ty Manager (Name and Title) Date GENERAL ~ROV~HZON~ Sept~e~ L994 ~ "De~e~' Be used h~eln meenB ~e Texas Perks & ~ldlifu Depa~ent ~ eny reprmn~Uve delegated au~orl~ to not on behalf of ~ Depa~en~ ~m '~oje~' en u8~ herein means 8 ~ngle proje~ which le ~e ~bject of ~le proJe~ agreem~t term "8~nNr" en u,~ herein means ~e poll~cal su~lvlelen which 18 term '~A" a8 us~ here]n meene ~e Texas Recreed~ & Perks Accent ~rem term "Pmoe~ml Guide' ae used herren means ~e ~ocedurel Guide for ~e Texas Re~ea~on & Parks Account Program Pelt # - Continuing Almurencee Thc perdes to the project agreement specifically recogmze that the Texas Recreation & Parks Account asemtence project creates an obligation to maintain tho property described in the project agreement conmatant with the Texas Recreation & Parks Account Procedural Ouideo and the following requirements A The ,ppnecr agrees that the property described in the project agreement and in the dated project boundary map made pert of thatlagreament la being acquired or developed with TRPA aaelstence, and that it shall not be converted to other than public Jecreation use but shell be melntalned in public recreation in perpetuity or for the term of the lease m the cese or leased i3ropcrty B The sponsor agrees that the benefit to be derived by the State of Texas from the futl compliance by the sponsor with resources which are available to the people of the State. and such benefit exceeds to an immeasurable end unaecertainable C The ep0nscr agrees that the property and facilities described in the project agreement shall be operated and maintained sa D The sponsor agrees that e permanent record shall be kept and available for public Inspection to the effect that the property descril~ed in the scope of the pro~ect agreementf and the dated project boundary map made part of that agreementf has been scquirqd 6r developed with TRPA sselatenoe and that it cannot be converted to other than pubho recreation use E Nondlecrimleetien quellty of public recreation fac&hties and resources which are ava,lebla to the people of the State. end such benefit a~elatenoe under the terms of this agreement 2 The sponsor shall comply with Title VI of the Civil Rights Act of 1964. which in part. be benefiting from the grant aided famlriy (b) prohibits discriminating against any person on the basis of residence Part BI o PTojeet Aleuranoea A Appliopble Circulars The State shall comply with apphcable reguletiona, poholee, guidelines and requirements including State Umform Grant and Contract Management Act of 1961 (Revised 2/22/90). Federal Office of Management and Budget Circulars A-102 (Uniform edm~nietrstlon requirements for grants m-eld to State and Local governments). OMB A-87 (Cost principles applicable to grant~ and contracts with State and Local governments), and TRACS (Texas Review and Comment System) aa they relate to the application, acceptance and usa of State funds for grant sssmtad prelects it is the rsspons~bdity of the grant sponsor to have an A-128 Single Audit done annuelly for the project When the sponsor receives $25~000 O0 or more m grant reimbursement pcr fiacel year AcopyofthfeauditwdlbsfurntahedtheDapartmentwithm3Odaysaftercomplehonofthe (Page 1 of 4) Project 1. Tha ~pttcst[on for state Asstatance bearing the .~ proj~t ~r ~ the agra[ ~ ~ts ~s ~ this referee ~ a ~rt of the to a t for thegr~t s~ to f$~e a~¢~t~t the The s~or ~ss~es t~at authority -'~ ~*s ~ ~ty ~pt~ or ~s~ ~thorlzlng the f1 tt~ of the a~tlcati~, I~L~ alt ~rst~lngs s~ Msur~eS cmta1~ [herren, ~ dlr~tf~ ~thor~z~ the ~rs~ I~tlf~ ~ the official representattve of the s~sor to act In c~ctl~ .tth the ~Hcat~ ~ to provl~ s~ ~ttt~L Infor~tt~ as mY ~ r~1r~ 3 ~e ~or has the ~it~ty a~ ~nt~t~ to fi~e the ~-$tate share of the costs for the proj~t Sufftct~t f~s ~ltt ~ avat~te to assure effective ~rat~ a~ mlnten~e of the a~fr~ or ~eL~ ~ the 1 ~he proj~t ~rl~ shat[ ~n ~th the ~te of a~rovat of the ~o]~t agra[ or the eff~t~ve ~t~ of a ~a~ver of retro~ttv~ty ~ ~at~ te~;~te at the ~ of the stat~ or ~ proj~t ~r~ ~s t~e ~o]ect ~s c~tet~ or tem~nat~ so~r. ~n ~lch ~ent the proj~t ~r~ s~att ~ the ~te of c~tet~on or temmat~ ~he s~or ~ttt ca~e ~rk ~ the project to ~ c~ ~tthtn a reas~abte t~ sfte~ receipt of ~ttf~cattm that f~ have ~ a~rov~ s~ assure that the pro]~t ~tt ~ pros~ut~ to c~tet~ ~ th feasible dt t; ~e 3 The s~Or ~t ~re the fac~t~ty to ~ ~stg~ to c~ ~th the m~n~ r~u;r~ts for sccesstb~t;tY for the ha~ca~ ~n c~for~e ~th the T~aS Arch~tecturat Barriers ~ct (Art;cra 9102 - Texas ;tYl~ Statutes), ~ the ~r~ca~ ~ith D;sabtt~t~es Act of 1~0 (PL 101-~6) s~sor ~ttt ~ res~tbte for co~ttn9 ~ns~ctt~ to ~ure c~ha~e ~th t~ese s~c~f~cat~ ~he s~Or shat[ s~ure c~tett~ of the ~ork tn ~cor~nce ~th ~rov~ ¢~tr~t;~ pt~s s~ficatt~, ~ s~att s~ure c~t~a~e ~th att F~erat, State~ a~ tocat ~a~s a~ 5. ~n the ev~t the pro~t cover~ ~ the proj~t ~re~t ¢a~t ~ ¢~tet~ ~n ~corda~e ~tth the pt~ a~ s~c~ftcatt~ for the pro~ect~ t~e s~or shat[ brln~ the proj~t to the ~nt r~reatt~t ~efut~ss sgre~ ~ by the s~sor a~ the ~e~rt~t ~he s~or ~tt pr~t~ for a~ ~nt~n c~t~t e~ ~te arch~t~turat ~glneec~ s~rv~s~ ~ t~t;m at the ¢~zr~t~ stte to ~sure t~at the c~tet~ ~rk c~for~ ~th the p~s a~ s~ctftcatl~ 7. The s~Or ~att furnish ~rterty profess status re~rts to the ~rt~nt ~t~ ~th the date of Parks & ~iLd~tfe C~ss;~ a~rovaL 8 The s~or ~t tt c~y ~th the provJst~s of Ex.ut[va order 119~ re~at~ to evatuat~ of hazards. Ex~uttve order 112~, re[at,rig to the prev~t~ c~trot, a~ a~t~t of ~ater Executive Order 11~0, retatt~ to the protection of ~et~a~s, a~ the Fto~ Dtsastar Protectt~ Act of 19~ (P L* 93-~) 87 Stat 9~ The s~sor ~ttt ass[st the Dearth[ ~n [ts c~ta~e ~[th the Texas ~tiqu~t~es C~e (Rev[s~ 9/1/~7) ~ to ~tlfy the O~rt~t of the existence of any s~h pro~rt~es, a~ ~ (b) c~[ytng ~th att r~tr~ts estab[Ish~ ~ the Dearth[ to a~td or mitigate a~erse eff~ts ~ s~h pr~rtiec D C~str~tl~ c~tract~ for ~ the s~or shat[ ~t the fotto~tng r~fr~ts 1 Cmtracts for cntr~tlm tn excess of $15,000 shat[ ~ a~ar~ thro~ s process of bi~l~ tnvotvtng fo~[ ~ert~sl~ Hlth ~ate ~rchese ~scrtpt~m, sea[~ bids, a~ ~tngs Copies of a[[ ~ertts~ts, bt~ a~ a c~ of the c~tract shat[ ~ ~ovfd~ the 0e~rt~t The s~or shat[ tnfom att b~rs ~ c~tracts for cntructf~ that TRPA f~ are ~tng ~ to asslst tn 3 ~r~tten cha~e orders shat[ ~ tss~ for att necessary changes In the faclttty ~tng c~str~t~. s~h change or.rs shat[ ~ s=ttt~ to the Oe~rt~nt for revle~ ~, tf a~rov~ shat[ ~rt of the pro}act ftte ~ should ~ kept avattabte for a~lt. ~ ~he s~or shat[ ~or~rate, o~ cause to ~ t~or~rat~, into att c~truct~on c~tracts the (Page 2 of &) 'Ourlr~ the performance of this sontract, the contractor agree, os foLLows: "Ct) The ~tr~tor .ILL ~t df~rlmf~to BOater ~ ~to~ or 8~ifCwt for ~i~t ~awe of rKe, retlglm, coi~, g~r, or ~tl~L origin. ~e cmtractor ~ltt take afff~tl~ Ktl~ to ~ure that a~L1c~ts ere ~O~, ~ that ~loyees ere treat~ ~i~ ~i~t ~lth~t rega~ to their rKe, retlgl~, color, ~er or ~tt~ iNCZ) The ~trKtor ~ill, In et~ 8oLIcltatl~ or ~rttsmnts for ~L~ pLac~ of the ~trKtor, state that aLL ~Hfl~ a~LIc~t8 HILL r~et~ c~l~ratl~ for ~to~t ~1~ ~p~ to race, reLlgl~, color. ~, or ~tI~BL ,~(3) The c~tract~ NILL 8~ to e~ Lair ~l~ or r~tatl~ of ~rkers ~lth ~lch he has a ~o~ctlve hrgalnt~ a0re~t or oth~ ~tract or ~rsta~ng, a ~tlce, to ~ pr~l~ ~ the g y cmtractl~ officer, ~faSng the (~r ~1~ or ~rker's r~r~tatt~ of the c~trector,s c~l~ts ~r S~tl~ ~ ~ ~Kutlve Order No. 112~, ~ ~ C3 CFR 169 (1974), ~gt c~f~ of ~tices In ~pl~ places e~ltabLe to ~Loyee8 ~ a~Hc~t8 f~ ~Lo~t ~C&) The ~Cracto~ NIH ~ly ~lth aLL p~vl~l~ of Ex~utl~ Or~r Ho. 112~6, ~ a~, ~ the ~Le8, r~(atl~, a~ reL~t o~r~ of the S~reta~ of NC5) The c~tr~tor NILL f~ntah BLt lnfo~tt~ 8~ re~rts r~ufr~ ~ Ex~tlve Or~r Ho 112~, ~ ~, ~ by the rule, r~Lotf~z, ~ order of the S~cetary of La~% or ~rs~nt thereto, ~ NIH ~rm~t acces$ to his ~, r~o~, ~ acc~ts ~ the c~tractm0 a0~y a~ the ~reta~ of L~r for ~r~ of S~8tlOatl~ to ..cert.ln c~Ll~e ,lth 8~h rules, r~uLat$~, aC6) In ~ eY~ of the c~r~tor,. ~Lia~e High the ~'dlscrlmt~i~ cta~es of this or 8~ In ~ole or In ~rt ~ the c~tractor ~y ~ d~Lar~ l~Llolbte for further Oover~t ~tract8 In accotone ~lth ~r~ authorlz~ In Ex~tl~ Order Ho 112~6, as ~, other 8~tl~ ~y ~ I~ ~ r~t~ invok~ a8 provi~ ~n Executive O~r 11246. t~(7) The c~tractor .iLL l~t~ the pr~lston8 of Paraora~s C1) thr~oh ~rchase or~r ~tess ex~t~ ~ ~Les. r~uiatl~, or or.rs of the (~ in eve~ 8~tract or ~ official or ~loyee of the State or t~at gover~nt uho Is authorlz~ In his official c~clty to s~tract In comectl~ Hlth this proj~t sheLL have a~ fLuviaL or other ~rs~L Inter.t ~[oy~ of 8~h Interest Is ~Ly dlsc[o8~ ~ the ~(Ic r~o~ of the state, ~ ~h officer, ~Lov. or ~rs~ ha ~t ~rtlcl~tN in the ~81tt~ for or ~ ~haLf of the Project Costs e[fgtbLe f~ esslsto~e sheLL ~ detemin~ ~ the ~sts of the crtterta set forth ~ the Proj~t A~tnistrati~ 1 The s~or shaLL pretty su~ft such re~ts a~ ~c~ntati~ as the De~rt~nt ~y r~st Ret~tf~ a~ ~t~la[ R~lr~nts for ~eco~ Fi~la[ reco~ s~rtf~ d~ts~ statistical r~o~ a~ aLL other r~ords ~rti~t to this 9r~nt shaLL ~ retal~ for a ~rl~ of three years after f~[ ~t. excel the reco~ shat[ retal~ ~ the three-year ~rf~ If a~ft fl~ngs have not ~en reso[v~ ~ The ret~tf~ ~ri~ starts f~ the ~te of the fill ex~ltures r~rt for the proj~t 3 Hlcrofl[~ copies are authoriz~ in [t~ of origi~[ (Page 3 of 4) of their duty &o The Department, State ComptroLLer Acc~ts, State A~ltora Office, or a~ ~horiz~ r~res~tat~s, shall h"ye occess to ~ ~ks, ~c~nts, ~rs, ~._r ~or ~ch are ~rtl~t to a s~flc proj~t for the ~e ~ ~kl~ e~, e~., Proj~t Te~t~tl~ 1. The D~rt~t ~Y ~rarlLy s~ TKPA 8~ts~8~e ~r the proj~t ~ corrosive nc~t~ ~ the s~or or ~i~ * ~lsf~ ~o te~i~e the gr~t ~ ~he ~Ly ~ ~t~L agre~t ~th the m teml~te the project ~n ~o~e, or In ~rt, et ~ tl~ ~fore the ~te of 3. The Oe~r~t Y - --- ,-~ -~-- the s~or has faSt~ to ~Ly .Ith the c~ltt~ of the tL ~tlfy the s~or ~n ~rlt~ of the ~temt~tt~ ~ the re~ .r~t The oe~r~t ~ILL pr~ Y .... Darts m~ to the s~or or rec~r~ ~ the ~'~ti~, together ~lth the eff~t~ve ~u. - ,--.--- rights a~ t~abtttt{~ 0~r~nt ~er ~oj~ts term~t~ for ca~e shaLL ~ ~n accord vlth the of the ~rt~es. ~. The O~r~t or s~or ~Y replete grants tn vhote, or ~n ~rt, at ~ tim ~fore the ~te of c~[et~, ~m ~th ~rt~es agr~ that the c~ti~atS~ of the proj~t v~td ~t pr~e ~flc~aL r~utts c~Urate Nfth the further ex~lture of f~ The tva ~rtl~ shaLL agree ~ the tem~t~ c~lt[~, I~i~ the effectwe ~te a~, tn the c~e of ~rt~aL temlnatS~, the ~ to ~ termt~t~ The s~o~ shaLL ~t I~ur ~ ~Ligatl~ for the tem~t~ ~rt~ -- ~ "c~et as ~ ~tst~ng ~Sgatf~ as ~sIbLe. 3he De~r~nt my aLt~ fuLL cr~t to the s~or for the State share of the ~*ca~tebte obLlgatl~s, pr~r~Y i~urr~ W the s~or, ~ aritt~ rKelpt of the ~teml~tt~ ~ the rea~ for tam, natl--, t~ather ~th the effective ~te. pa~tS ~ to the s~or or rKoverSe8 ~ the De~rt~t ~ prol~ts tem~t~ for c~e shaLL M ~n accord ~Sth the Legal rights ~ LiabiLities of the ~rtles. 5 ~em~t~ e~her for ca~e or for c~venf~e r~res that the pro]Kt In ~st~ ~ bright to state of r~reat~L ~efut~ss agre~ ~ ~ the s~or ~ the D~rt~t, or that att f~ ~i~ ~ the 0~rt~t ~ retur~ The o~r~nt ~Y .[~hhoLd ~nt to ~he The Oe~rt~t ~Y ~thhoLd act~ ~ ~ng prolects pr~s~ ~ the act~ ~ not achieve progr~ c~la~e, the ~rt~t ~Y ~nvoLve ~he State ~ If ~he a~ve - ~ ~/. ~ the Parks & ~1Ldilfe C~ ] have reod ~he G~rai Prov~s~ a~ ~rsta~ that the projec~ s~or ~lch ~ repres~ H~LI ~ res~ibLe for c~l~a~e .l~h the a~ve c~tl~s as a result of ~he recefpt of grant ass~s~a~e fr~ the N~ N~chae~ A, Conduff, C~y (page & of 4) TRPA Grants Manual Attachment 675 5A ~UMMARY OF GUIDELINE~ FOR ADMINISTRATION OF LOCAL PARK GRANT ASSISTANCE PROJECT,C;, July 1998 The Texas Parks & Wildlife Commission, by authority of Chapters 13 and 24 of the Parks & W~ldl~fe Code, has adopted Guidelines for Admimstrat~on of Local Park Grant Assistance Projects, to read as follows Policy It ~s the Comm~ssion's policy that the Department shall adm~mster local projects ~n accord with the following guidelines, with Interpretation of ~ntent to be made to prowde the greatest number of public recreational opportumtles for citizens of Texas In keeping w~th th~s pol~cy, local projects w~ll not be approved from both the Texas Recreabon & Parks Account and the Federal Land and Water Conservabon Fund Program unless extraordinary circumstances d~ctate that h~gh priority public needs will not be met w~thout the full or partml funding of both programs I Local adm~n~strabve costs shall not be considered as eligible local match~ng funds unless c~rcumstances d~ctate that high priority public needs will not be met without the full or parhal beneht of such [n-k~nd contribution 2 Approved projects shall be pursued in a timely manner by the sponsor, unless delays result from extraordinary c~rcumstances beyond the sponsor's control Fa ute to meet the followmq brae frame.-, may be arounds for the De~3e, rtment to ~nitlate cancellation of the affected project m order to recommenH rea oc~t~on of available funds to other prolects, or to deny requests for additional qrant funds for new prolect~s ACTIVITY TIME FRAME · Commission approval Beg~n 3 year project per~od · Pre-Contract Documentation Within 6 months after Commission approval (404 and/or Water Commission Permits, Cultural Resources Survey and Clearance, ROW Abandonment Lease/Joint-Use Agreement executmn) · Grant Agreement Execubon Within 6 months after Commission approval · Quarterly Status Reports Every 90 days after Commission approval · Appraisal Approval W~thm 6 months of grant agreement execution · Land Acqu~slbon Within 9 months after appraisal approval · Construcbon Plan Submission WIth~n 6 months of land acqu~slbon for projects Involwng acquisition, or W~th~n 6 months of contract execuhon for development only projects · Periodic Reimbursement B~lhngs Every 90 days if possible (m~mmum $10,000 request) · Project Complebon and Grant W~th~n 3 years after Commission approval Close-Out (Page 1 of 2) SUMMARY OF ADMINISTRATION GUIDELINES (Conbnued) 3 Determinations as to whether the Department w~ll award new grant funds to apphcants hawng e~ther active park grants or completed park grants wtli be based on the folJow~ng criteria · All previously completed park grant projects must be ~n comphance w~th all the terms of the General Provisions of the contract agreement under which they received assistance and all appl~cabJe Land & Water Conservation Fund, Texas Local Parks, Recreation & Open Space Fund, and Texas Recreation & Parks Account Program Gu~dehnes, and · For active grants, all required project documentation (such as appraisals, construction plans and spec~hcat~ons, quarterly status reports and reimbursement requests) must be complete and have been received on schedule, ~f due, and ·All active projects which are at least two years old must be reimbursed for a mlmmum hfty percent of the approved grant amount, and · The totai of approved grant funds whtch have not been reimbursed may not exceed $1 mdhon for all acbve grant projects FAILURE TO MEET ANY ONE OF THE ABOVE CRITERIA MAY BE GROUNDS FOR DENYING NEW GRANT FUNDS ASSESSMENT OF THE ABOVE CRITERIA iN CONJUNCTION WITH REQUESTS FOR NEW GRANTS WILL BE MADE ON JUNE 1 FOR APPLICATIONS RECEIVED FOR THE JANUARY 31 SUBMISSION DEADLINE, AND QN NOVEMBER 1 FOR APPLICATIONS RECEIVED FOR THE JULY 31 SUBMISSION DEADLINE · Under extenuating c~rcumstances Department staff may recommend new grant fund approval ,f a project sponsor has not met all of the above criteria Grant award, however, may be conbngent upon certatn conditions which wlJJ be speclhed ~n staff recommendations to the Parks and Wddi~fe Commission I have read the Summary of Gu~dehnes for Adm~mstrabon of Local Park Grant Assistance Projects and understand that the project sponsor which I represent w~ll be responsible for compliance w~th the above conditions as a result of the receipt of grant assistance from the Texas Recreation & Parks Account It ~s also understood that the Summary of Gu~dehnes for Adm~mstrat~on of Local Park Grant Assistance Projects are part of the grant contract ag~ement ~,~ Slgna~C'e of Official AuthoCzed',n Resolution Mr Michael A Conduff, City Manager Name and T~tle Date (Page 2 of 2) ! A RESOLUTION ADOPTING THE PARKS AND RECREATION PLAN OF THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Denton Parks and Recreation Department has prepared a Parks and Recreation Plan, a copy of which is attached hereto and incorporated hereto by reference (the "Plan"), and WHEREAS, on July 13, 2000, the Parks and Recreation Board recommended approval of the Plan, artd WHEREAS, the City Cotmcll finds that the Plan ~s ~n the public interest and ~n the best interests of the health, safety and general welfare of the c~tlzens of the C~ty of Denton, Texas, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The C~ty Cotmcfl of the City of Denton, Texas hereby adopts the Plan SECTION 2 Th~s resolution shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVEDthlsthe~_?day of (/~dZ,~d~ ,2000 MAYOR ATTESTI JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2000 DENTON PARKS & RECREATION MASTER PLAN AND PEDESTRIAN & BICYCLE LINKAGES PLAN City of Denton, Texas July 2000 Prepared By: Carter. Burgess Co~sullanls ~n ~nnrng, ~:ng,neenng, Architecture, Cons~'uct,on Management, and Rera~ Services Copynght 2000 by Carter & Burgess, Inc City Council Mayor- Euhne Brock Mayor Pro Tern and At-Large - Roni Beasley At-Large - Mark Burroughs DIstnct 1 - Carl G Young, Sr D~stnct 2 - Ne~l Durrance D~stnct 3 - M~ke Cochran D~stnct 4 - Sandy Knstoferson C,ty Administration C~ty Manager- M~chael W Jez Assistant C~ty Manager - Dave H~II D~rector, Parks & Recreation - Ed Hodney Parks & Recreation Adwsory Board Brandon Barnes Brenda Ph~lhps Gwendolyn Carter Teresa Andress Don Edwards Dale Yeatts Dalton Gregory July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Parks & Recreation Department Ed Hodney - Parks and Recreation D~rector Janet S~mpson - Assistant D~rector Bob T~ckner - Supenntendent Planning and Construction Kathy Mosby - Supenntendent of Leisure Services Cathy Avery - Athletms / Aquatics Manager Amanda Green - Recreation Centers Manager Teresa Salazar - Special Events Manager Kathy Shaeffer - Youth Services Manager Emerson Vorel - Park Operations Manager Lorraine McGregor- Public Information Spec~ahst Carter & Bur,qess~ Inc. Denms Jerke, ASLA, Pnnc~pal-ln-Charge Ph;hp Neeley, ASIA, Planner/Landscape Arch~tect/Ouahty Assurance Juha A Perkins, RI.A, Planner/Landscape Architect/ProJect Manager James Kindred, CADD Support Demse Shelton, Admm;stratlve Assistant July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bmycle Linkages Plan Table of Contents Page I Executive Summary 1 II Introduction 16 Purpose 21 Goals and Strategies 22 Use of Master Plan 24 III Methodology 25 Elements of the Park Master Plan 25 Planning Process D~agram 26 IV Inventory 29 Summary Inventory Table 86 Joint Use Fac~htles 88 Recreation Programs 93 Sports Programs 98 Denton Population Estimates 100 V Standards and Guidehnes 102 Park Classification System 102 Park Acreage Standards 104 Companson of Park Land Acreage and Denton Standards 105 Companson of Fac~hty Development and Denton Standards 110 VI Needs Assessment 112 VII Recommendat~ons/Pnorities for Master Plan 125 Summary of Pnonty Items 126 Recommendabons for Land Acquisition 127 Recommendations for Facility Improvements 128 Expenditure Analys~s 131 III July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle bnkages Plan VIII Implementabon 134 Pohc~es and Ordinances 134 Funding Soumes 136 F~ve Year Action Plan 140 Plan Update and Refinement 146 IX Denton Pedestnan & B~cycle L~nkages Plan 148 X Appendix 156 A C~ty of Denton Landscape Ordinance B C~ty of Denton Park Dedication Ordinance July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan List of Illustrations Regional Location Map 20 Ex, sting City Parks 90 Ex~st~ng Fac~lit~es Map 91 Existing Schools 92 Ex~st~ng Neighborhood Park Service Areas 108 Existing Community Park Service Areas 109 F~ve Year Acbon Plan Map 147 Sidewalk Sketches 152 B~ke Route Sketches 153 Greenway Sketches 154 Pedestnan & B~cycle L~nkages Plan 155 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan I. Executive Summary Purpose of the Plan Attractive, safe and well-maintained pubhc parks, open spaces and recreabon fac;hbes are essenbal elements of Denton's image and quahty of hfe If strateg;cally placed and equitably d;stnbuted, they can prowde a w~de array of opportunities for both ~nd~v~dual and community ennchment In addition, parks and open spaces may serve to protect enwronmentally sensitive lands from the potentially harmful effects of urban development, wh~le preserving the recreabon and transportation benefits these lands may offer Parks and open spaces are places to play, to relax, to enjoy the natural enwronment, and to connect socially with others ~n the community They can define a ne;ghborhood and prowde a cultural and h~stoncal focal po;nt If properly designed and maintained, parks can enhance the economic value of nearby properbes L~near open spaces can be used to kmt together neighborhoods with other ~mportant elements of the urban fabric, including schools, government service centers and commercial developments Such lands can also serve as an effective buffer between ~ncompat~ble land uses In short, pubhc parks and open spaces help to protect the soc;al, economic and aesthetic qual;bes that Denton values In order to preserve these quaht~es, the C~ty w~ll continue to expand ~ts award- wmmng parks system as the commumty grows (Denton Comprehensive Plan 1999-2020) W~th th~s goal ~n mind, the c~ty selected the consultant team of Carter & Burgess, Inc to prepare a Comprehensive Parks, Recraat~on and Open Space Master Plan through an ~nteractlve process mvolv~ng the Parks and Recreation Board, the City Parks and Recraat~on Department, and the c~t~zens of Denton The purpose of the Master Plan ~s to A Provide the framework for orderly and consistent planmng and development B Prowde detailed research and facts concerning the community and the roles of parks and recreation C Establish priorities and statements of d~rect~on based on researched and documented facts and a commumty based needs analys~s July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan& B~cycle L~nkages Plan D Provide direction in the area of acquisition and development of park land to meet future needs E Conform to the preparation suggestions and/or gu~dehnes for local Park, Recreation and Open Space Master Plans, prepared by the Texas Parks and Wildlife Department for Texas Recreation and Parks Account local park grant program This document outlines the methods, results and recommendations of the Master Plan study and ~s intended to be used as a guide for future Park, Recreation and Open Space development within the City of Denton through the early part of the 21 st century Goals And StrateRies W~th these purposes ~n mind, the 2000 Denton Comprehensive Parks, Recreabon and Open Space Master Plan was commissioned Below are the goals and strategies for the Park System as outhned by the Denton Parks and Recreation Department A DISTRIBUTION OF PARKS 1. Goal a Ensure the adequate and equitable d~stnbut~on of parks, open space and b recreation fac~l~tms 2. Strategies a Complete a new Parks, Recreation and Open Spaces Master Plan that addresses pubhc needs in all park and open space categones and meets the City's objectives for urban design, multi-modal transportabon, drainage and environmental conservation objectives b In accordance with adopted service standards for each park category, acquire and maintain sufficient land to keep pace w~th Denton's population c Develop, fund and implement future capital ~mprovements programs consistent w~th the Parks, Recreation and Open Spaces Master Plan ~ 2 July 2000 2000 Denton Perks and Recreation Master Plan and Pedestnan & B~cycle Linkages Plan B PARK AND OPEN SPACE ACQUISITION 1 Goal a Achieve urban design, transportation, drainage and enwronmental conservabon objectives through park and open space acquisition 2 Strategies a Identify land and/or easements necessary to establ;sh a un~fied greenbelt system that achieves recreation and transportation system objectives b Identify s~gnificant scenic, h~stoncal and enwronmentally sensitive lands, and determine strategies to preserve them C FINANCIAL EFFECTIVENESS 1 Goal a Ensure the cost-effect,ye prows;on of parks, open space and recreation facd~t~es 2 Strategies a Working w;th other City departments, area school d~stncts and developers, ~dentify opportumt~es for clustenng multiple pubhc functions w~th parks and recreation facd~t~es ~nto ne;ghborhood servme centers Develop appropnate planning policies, development regulations and ~mplementabon strategies b Research the need for and feasibility of developing spec~al~zed parks and recreation facd;t~es that can function as profit centers, which reduce the dependency on property tax revenue and generate profits to underwnte other recreation facd;t~es and services D RESPONSIVENESS 1 Goal a Ensure that future parks and recreation ~mprovements are responsive to the changing needs of Denton's citizens July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle L~nkages Plan 2 Strategies a Penod~cally survey the wants and needs of Denton's c~bzens for their parks and recreabon system, ~ncorporate th~s ~nformat~on into revisions of the Strategic Plan, Annual Action Plans and updates of the Parks and Recreation Master Plan b Update the Parks, Recreation and Open Space Plan at least once each 5 years To ensure that these goals and strategies were met, a Steenng Committee was assembled at the beginning of the project to monitor the Master Plan process throughout the study Th~s Committee helped facilitate communication between public officials, C~ty staff, the Park Board, the School D~stncts, and the c~tlzens of Denton The Master Plan ~s a result of a collaborative team effort between the C~t~zens of Denton, Carter & Burgess, Inc, the Steenng Committee, the Parks and Recreabon Board, and the C~ty Parks and Recreabon staff Planning Process Diagram Th~s Master Plan process Is a continuous one which requ;res evaluation by the Parks and Recreation Department and the C~ty Council Every five years the Plan should be updated to prowde current pr~onfles, action plans, and budget estimates for ~mplementat~on The following pages ~llustrate the planmng process for the Park Master Plan ~ 4 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Planning Process PHASE 1 Inventory/Market Analys~s A Base Map Preparation Preparation of a computer generated base map B Inventory / Supply Analys~s 1 Pubhc parks and recreation areas owned by the C~ty 2 Joint use fac~ht~es w~th Denton Independent School D~stnct 3 S~tes for preservabon or conservation of natural area 4 Ex~st~ng recreation programs offered by the C~ty Number of teams and ch~ldran participating Facilities utihzed by each Assoc~abon 5 Existing non-City Sponsored Recraat~on Sports Associations and Orgamzat~ons Number of teams and ~nd~wduals parbc~pabng ~n each association Facilities ubl~zed by each association C Population Analys~s 1 Populabon concentrating on the factors of growth, d~stnbut~on, and projected changes D Standard Analys~s 1 Determine park standards and class~ficabons which will apply to Denton community 2 Compare ex~st~ng faclhtles to Denton s standards to determine the amounts of facilities and park acres needed to meet the needs of the commumty 3 Evaluate existing resources of the commumty for open space, greenbelt hnkages, parks and recreation facilities, based upon user part~clpabon July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan& B~cycle Linkages Plan E Demand Analysis and Needs Assessment 1 Rewew prewous pubhc ~nput pertaining to parks, recreation, open space and trails 2 Summarize needs assessment ~nformat~on 3 Evaluate expressed Clbzen needs versus available facilities PHASE 2 A Priority Analysis 1 Complete point analysis 2 Complete pnor~ty ranking system B Acbon Plan 1 Develop a definitive program(s) for acquisition and development of park land to meet future needs 2 Develop planmng maps coordinated with Denton Planning and Zoning, Economic Development, Parks and Recreation, and overall C~ty Comprehensive Plan 3 Review ex~stmg ordinances and prowde recommendabons to implement the Action Plan C Expenditure Analys~s I Complete the expenditure analys~s 2 Complete the chart of potential grant opportun~bes and funding sources 3 Prepare a five-year action/funding bme-hne D Parks, Recreation and Open Space Master Plan - Preliminary Master Plan 1 Preparation of conceptual ~llustratlve park master plan graphics 2 Presentation for the Preliminary Master Plan to C~ty Staff and Steenng Committee for approval E Parks, Recreation and Open Space Master Plan - F~nal Master Plan 1 Preparation of final narrabve and color CADD exhibits/maps from C~ty rewew comments 2 Presentation of Park, Recreabon and Open Space Master Plan to Denton ~ 6 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Recommendations for Land Acquisition One of the stated goals of the Denton Parks and Recreabon Department ~s to ensure the equitable d~stnbut~on of parks, open space and recreabon fac~htles Only through new acquisition and development w~ll the C~ty be able to keep pace w~th the growing populabon of Denton Dunng the needs assessment phase, the Parks/Recreation/Beautification/Arts Committee ~ncluded land acquisition and a budget esbmate ~n their development priorities Acquisition was targeted for rap~d growth areas m far south and far east Denton The C~ty of Denton owns 1004 55 acres of land. as of January 2000 As compared to Denton's adopted standards and guidelines, and w~th a current population of 77,300, the c~ty has a shortfall ~n the community park category, w~th a surplus ~n the Neighborhood and Cltyw~de Parks category Based on the Park Classification System (page 102), the C~ty specifically needs to acquire the following acreages to meet the current population needs of Denton YEAR 2000 Community Park 156 90 Acres 156 90 Total Land Acqu~s~bon (To meet 1999 population of 77,300. see page 107) As the C~ty continues to grow towards ~ts projected 2010 population of 119,250, the shortfall ~n park land w~ll ~ncrease Specifically, the C~ty w~ll need to acquire the following acreages ~n three (3) of the park categones to meet the projected population needs of Denton YEAR 2010 Neighborhood Park 84 77 Acres Community Park 282 75 Acres C~tyw~de Park 282 75 Acres 650 27 Total Land Acquisition (To meet 2010 population of 119,250, see page 107) The C~ty of Denton has a Parkland Dedication Ordinance (see appendix B) that requires developers to prowde neighborhood park land and fund ~ts ~n~t~al development A formula ~s used to calculate acreage or dollar equivalents that developers must donate to the C~ty when their developments are platted Because the C~ty w~ll continue to receive park land acres as new residential areas are developed, the need for neighborhood park land s~tes ~s not as prevalent However, the Five-Year Action Plan does show where new neighborhood parks w~ll be added over the I~fe of the Plan These target areas represent neighborhoods m which park land dedication has not occurred, but where ~t must be acquired The park dedication fees collected from new development ~n these target areas w~ll fund th~s acquisition The focus of land acquisition should shdt to larger tracts that could accommodate community parks, greenway comdore and natural open spaces ~ 7 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle L~nkages Plan Land acquisition along the major creek corndors w~li be ~mportant to prowde for recreational greenways Greenway corndors help maintain npanan habitats, reduce the dangers of flooding, and protect the natural environment Open spaces and natural areas can also become connections from remdent~al neighborhoods to schools, parks, shopping centers, and other destinations (see Pedestnan and B~cycle Linkages Plan, page 148) The C~ty of Denton should beg~n to acquire available park land tracts that ars 30 acres or larger ~n s~ze These larger tracts would meet the primary need of community parks, greenway corndors and natural open spaces The C~ty should concentrate ~ts efforts to prowde more park land and recreation opportumt~es to current and future residents ~n the rapidly growing areas of far south and east Denton The Pedestrian and B~cycle L~nkages Plan should be used as a gu~dehne when considering new acquisition and connections to parks, schools, neighborhoods and shopping centers Recommendations for Facility Improvements The following text describes various recreation fac~ht~es that are proposed for funding and development over the life of the 5 Year Action Plan These fac~hty recommendations were denved from a random sample survey of 400 Denton residents ~n May 1999, from the work of the 2000 Blue R~bbon ClP Committee, the Parks and Recreation Board, staff and other citizens The fac~ht~es on this list are major capital ~nvestments and w~ll typically serve large numbers of citizens The list of recommended fac~ht~es ~s not exhaustive Noticeably absent from this list are playground, p~cn~c areas and other ~mprovements that are small investments, relabve to those on the recommendation I~st In particular, th~s Parks and Recreation Plan documents large deficits in Denton's supply of pubhc playgrounds and p~cnic areas (see companson of existing fac~htles against adopted facility standards on Page 111 ) Such ~mprovements are essenbal elements of Denton's park system However, they were excluded from the racommended fac~litles hst for two reasons 1) they were not c~ted as prionty ~mprovements by citizens through the survey and pubhc ~nput process, and 2) funding for and the location of these ~mprovements ~s achieved through the City's park land dedication ordinance The exclusion of such improvements from th~s Plan's recommendabons s~mply reflects that these needs are being met through other adopted strategies The following comprise the recommended major capital ~mprovements A H~oh Pnontvltems 1 Develop an Outdoor Family Aquatic Center on newly acquired Northeast Park property ~n conjunction with the Denton Independent School Distnct plans for a new natatonum July 2000 2000 Denton~ Parks and Recreation Master Plan and Pedeatnan & Bicycle Linkages Plan 2 Provide for new Hike/Bike Trails at ex~st~ng and new park development, and along major drainage corridors Include accessible connections to park elements such as playgrounds and pawhons If parks are large enough, construct loop tra~ls through the park for multi-purpose users, Reference the City w~de mob~hty plan which estabhshes a h~erarchy of tra~ls along ex~stmg street corndors to accommodate multiple user groups and hnk s~gmficant dest~nabons (See Exhibit, page 155 ) 3 Develop Nature Trails throughout the c~ty, placing high pnonty on the preservation and conservation of exlsbng drainage corridors along Hickory Creek, Pecan Creek and Cooper Creek Provide opportunities for interpret~ve tra~ls with slgnage Continue to develop and expand the tre~l opportunities at North Lakes Park and South Lakes Park 4 Depending on programming needs, prowde a new Teen Recreation Center centrallylocated ~n the community The Teen Center could provide areas for concessions, games, fitness, pool/ping pong, a computer room, and a video room It may be possible to combine th~s fac~hty w~th Recreation Center recommendations and/or school development 5 Continue to explore the potential for an Indoor Swimming Pool through a joint-use natatonum w~th Denton lSD Explore the posslb~hty of the new outdoor Family Aquabc Center providing a seasonal or permanently enclosed pool area 6 Prowde a new and larger, full service Senior Center Complex centrally located in the cornmun~ty or build a second Semor Center Complex ~n the south part of the community to expand the recreabonal potential of the current Sen~or Center Complex B Moderate Pnonty Items 7 Provide one or more Skate Park/In-Line Hockey facilities, ~nclud~ng a central location for league play and other d~spersed practice areas in the commumty 8 Develop Recreation Center fac~ht~es ~n growth areas ~n the north/northeast, far east and far south Denton May be able to combine facilities w~th Teen Recreation Center, prevmusly recommended Pursue joint fac~hty development and use w~th schools and umverslt~es to utilize additional fac~ht~es such as gyms and meeting rooms 9 Continue to renovate and maximize the configuratmn of Baseball Field layout at Evers Park Provide new fac~l~bes at future Northeast Community Park, and ~n the far south and far east sectors of the community Pursue ava~lab~hty of practice fields across the commumty to offset demands upon compet~bon fields 10 Prowde additional Soccer Fields at future community parks ~n the northeast, far east and far south portmns of the community Pursue joint-use agreements w~th Denton lSD and/or other ~ 9 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle L~nkages Plan agencies to utilize ex~st~ng practice areas Acquire frontage land along Bonnie Brae Road adjacent to North Lakes Park thus expanding soccer complex capablht~es 11 Expand Fitness fac~l~bes to new locations, ~ncludlng joint development of new schools and future recreation centers in the northeast, far south and far east portions of the commumty 12 If opportunity develops, pursue a new Golf Course ~n conjunction with a new m~xed use development 13 Redevelop/renovate ex~sbng Softball Fields at North Lakes Park and Den~a Park for maximum field layout and league activ~t~es Pursue availability of other precbce fields across the community to offset demand upon compet~bon fields Prowde new softball facilities at future community parks in the growing areas of northeast, far east and far south Denton C Low Pnontv Items 14 Prowde for Indoor Basketball Courts in conjuncbon w~th new recreabon center fac~hfles ~n growth areas of north/northeast, far east and far south Denton Pursue joint-use facility development w~th schools and umversltles to utilize additional gymnasium facilities 15 Prowde Outdoor Basketball Courts at future community parks ~n the northeast, far east and far south portions of the community Pursue joint-use agreements w~th DISD 16 Work w~th Denton County and U S Army Corp of Engineers to prowde and market Equestrian Trail opportunities across the extended Denton County area Long range planmng for greenbelts along Hickory Creek and/or Cooper Creek may prowde opportunities for equestrian trail components 17 Prowde additional Outdoor Tennis Courts at future community parks In the northeast, far east and far south portions of the community Pursue joint-use agreements w~th Denton lSD and/or other agencies to ut~hze ex,sting practice areas 18 Future recreation centers may provide IndoorTennls Court opportun~bes, ~n conjunction with design and programming of large gymnasiums 19 Future recreation centers may prowde Racquetball Court opportumt~es, ~n conjunction w~th design and programming of large gymnasiums July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan II. Introduction Introduction Denton County ~s a 900 square m~le county situated ~n the Grand Pralne and East Cross T~mbers region of North Central Texas Denton County was created by Texas Legislature ~n 1846 The year 1996 marked the 150th anniversary, or Sesquicentennial of Denton County The original county seat, named P~nckneyv~lle, was located near the center of the present day C~ty of Denton, but the seat of government was moved southward three t~mes before returning to Denton ~n 1857 Both county and county seat were named after lawyer, preacher, ranger and Indian fighter, John B Denton, who moved to Texas from Arkansas with h~s wife He was k~lled in 1841 near the south county hne ~n a baffle w~th the K~cha~ Indians The first county courthouse was a small log structure built at Alton ~n the south central part of the county A county court building built In Denton ~n 1857 burned ~n 1875 destroying many records In 1877, a two-story brick courthouse in the center of the square opened for county bus~ness It was struck by hghtmng and demohshed ~n 1895 Built between 1895 and 1897, the Denton County Courthouse-on-the-Square served as the seat of Denton County government The Courthouse-on-the-Square ~s ~n R~chardsonlan Romanesque style In 1975, most of the county offices moved to the Joseph A Carroll Courts Building Twenty years later, in 1998, a new Denton County Courts Building opened to house the county courtroom and most of the county records.keeping offices Over the years the Courthouse-on-the-Square had become very July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle Linkages Plan detenorated and so the county approved a bond which pa~d for the renovabon of the Courthouse-on-the-Square ~n 1985 The building has s~nce been completely renovated and now houses the Denton County H~storical Commission and the Denton County Courthouse- on-the-Square Museum on the first floor The County Commissioners Courtroom Is located on the second floor The Courthouse-on-the-Square still serves as a landmark for the people of Denton and DentOn County The County embarked on a course that would make ~t a h~gher educabon center when ~t obtained North Texas Normal College (presently the University of North Texas) in 1890 and the College of Industrial Arts (presently Texas Women's University)~n 1902 Today the countyts a center for higher education and a balanced farming region producing wheat, cotton, beef, and dairy cattle It contains several growing urban centers, Including Denton, Lewlswlle, Carrollton, and The Colony The City of Denton, Texas ~s located approximately 35 miles north of Dallas and Fort Worth at the confluence of Interstate H~ghway 35E and Interstate Highway 35W It encompasses 35,675 acres and covers over 55 square miles As the county seat of government, home to 2 major umversit~es, and in close proximity to DFW Intema~onal A~rport, the City of Denton ~s a very diverse commumty According to 1990 census data, 37% of households ~n Denton are ~n the very Iow income category, 19% are in the Iow ~ncome category, 8% are ~n the moderate income category and 36% are ~n the above average income level 0ncome groups are based on HUD adjusted ~ncome limits) The ethnic population of Denton is comprised of 81% white, 10% black, 1% Amencan Indian, Eskimo or Aleut, 3% Asian or Pacific Islander and 5% other race Fourteen percent of the population is between the ages of under 1 year and eleven years, six percent are between the age of 12 and 17, twenty-seven percent are between the age of 18 and 24, thlrty-s~x percent are between the age of 25-49, and seventeen percent are between the age of 50-85 and over July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan The c~t~zens and their elected officials are working hard to preserve the strong heritage of th~s unique c~ty In 1999, the C~ty Council of Denton adopted a ws~on statement Denton IS a unique community whose d~verslty g~ves ~t strength Th~s umqueness ~s a point of community pnde and ~t ~s the goal of the Denton Plan to insure that growth, development and the use of community resoumes foster, encourage and promote the preservation of th~s v~tal quahty Although Denton rs no longer a small town, there are certain quahtles of small town hfe that c~tlzens hold dear The proper stewardship of our commumty assets, wh~le managing the pressures of growth, is a balancing act that w~ll reequ~re foresight, long range planning, and a great amount of commumty involvement The Denton Comprehensive Plan should represent the best of our collective commumty asp~rebons and, wh~le prepanng Denton for the 218t century. should never lose sight of the fundamental quaht~es on which th~s town was built Quahty, d~vers~ty, and opportunity are the keys to the future success of our community People with all kinds of d~fferent backgrounds are welcome to Denton, where they w~ll continue to find a commumty that offers well-paying jobs, reasonably pnced housing, good schools and convement parks, and d~sbnct neighborhoods w~th homes of all types and s~zes to offer a choice of housing for everyone The h~stonc downtown ~s the heart of Denton, the Square and surrounding streets are used every day and mght as a gathenng place for commerce, c~wc events, and entertainment Growing numbers of downtown residents w~ll ~ncrease the energy level of the downtown, wh~le cultural events ~n C~v~c Center Park attract new ws~tors from throughout the region The C~ty of Denton ~s committed to h~stonc preservation as a means of fostenng community pride and encouraging one of our strongest assets To grow properly, Denton must nounsh ~ts umvers~ty partnerships The Umvers~ty of North Texas ~s a major Denton landmark The Fry Street Area and Oak-H~ckory H~stonc D~stnct are ~mportant physical and social hnks between the Downtown and UNT Texas Woman's Umvers~ty w~ll also be a major contnbutor to Denton's d~st~nct~on as a C~ty UNT, TWU, and the square area w~ll continue to develop as dynamm and hvely areas, essential to the well being of the City Working w~th C~ty government and the business community, the two universities are good ~nst~tutional c~t~zens of Denton and are magnets for h~gh-tech and research oriented development The Denton commumty ~s committed to enriching the hves of ~ts c~t~zens- regardless of age, ~nCome, or ethnic background - through education, culture, recreabon, and entertainment Denton has a dis*Jnct~ve reputation as an arts c~ty, and most especially a music c~ty Through pubhc art, gallenes, museums, theaters and clubs, through our fesbvals, concerts and stage shows, Denton ~s known throughout the region as a culturally attractive and ~nnovative community July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Pubhc natural areas are an essential part of a great c~ty Our built environment cannot remain healthy without properly managed land, a~r and water resources, as we grow these resources w~ll become even more precious Proper planning w~ll allow us to cap~tahze on our natural assets Lake Ray Roberts and the Elm Fork Nature Conservatory w~ll prove to be resources of incredible value, as Denton becomes more urbanized Floodplains and creeks, when developed as greenway corndors, w~ll serve many needs, such as flood protection, recreation, tree preservation, and habitat support Environmental planning must take ~ts rightful place as an essential part of Denton's strategy to grow w~sely Denton ~s strategically s~tuated as a regional transportation hub by ~ts pos~t~on on Interstate 35 and ~ts proximity to both Alhance and Dallas-Fort Worth regional a~rports Managing and fostenng th~s umque geographmal poslt~on ~s a major goal of the comprehensive plan as we reap the benefits of our location Although we are a community that benefits from our various ~nst~tut~ons, we should never lose s~ght of the fact that we are first a community of people not just a collection of houses, roads and buildings Our sense of community ~n Denton ~s a dehcate natural resource a legacy from the past, which once lost cannot be regained Therefore, the pnmary goal of the comprehensive plan should be to preserve and retain the quaht~es that makes Denton the unique and prosperous place ~t ~s today and to help ~t develop ~nto an even better c~ty ~n the future (Denton Comprehensive Plan 1999-2020) July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan Regional Local Map Denton and Recreation Master Plan OKI ~-~0~ CI~ OF DENTON NEW MEXICO Lubbock Falls Fort Wortt El Paso Abflene Waco TEXAS Purpose of the Plan Attractive, safe and well-maintained pubhc parks, open spaces and recreation facilities are essential elements of Denton's image and quahty of hfe If strategically placed and equitably d~stnbuted, they can prowde a w~de array of opportunities for both ~ndiv~dual and community ennchment In addition, parks and open spaces may serve to protect environmentally sens~bve lands from the potentially harmful effects of urban development, wh~le preserving the recreation and transportahon benefits these lands may offer Parks and open spaces are places to play, to relax, to enjoy the natural environment, and to connect soclallywith others in the community They can define a neighborhood and prowde a cultural and h~stoncal focal point If properly designed and maintained, parks can enhance the economic value of nearby,properbes Linear open spaces can be used to kn~t together neighborhoods w~th other ~mportant elements of the urban fabnc, includ~ng schools, government servme centers and commercial developments Such lands can also serve as an effective buffer between ~ncompat~ble land uses In short, pubhc parks and open spaces help to protect the social, economic and aesthetm qualities that Denton values In order to preserve these quahtles, the C~ty w~ll continue to expand ~ts award- w~nn~ng parks system as the community grows (Denton Comprehensive Plan 1999-2020) With this goal in mind, the city selected the consultant team of Carter & Burgess, Inc to prepare a Comprehensive Parks, Recreation and Open Space Master Plan through an interacbve process ~nvolv~ng the Parks & Recreabon Board, the C~ty Parks and Recreation Department, and the citizens of Denton The purpose of the Master Plan ~s to A Provide the framework for ordedy and consistent planning and development B Prowde detailed research and facts concerning the community and the roles of parks and recreation C Estabhsh pnont~es and statements of d~recbon based on researched and documented facts and a community based needs analysis D Provide direction ~n the area of acquisition and development of park land to meet future needs E Conform to the preparation suggestions and/or gmdehnes for local Park, Recreation and Open Space Master Plans, prepared by the Texas Parks and W~ldllfe Department for Texas Recreabon and Parks Account local park grant program July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Th~s document outhnes the methods, results and recommendations of the Master Plan study and ~s ~ntended to be used as a guide for future Park, Recreation and Open Space development w~th~n the C~ty of Denton through the early part of the 21st century Goals And Strategies With these purposes In m~nd, the 2000 Denton Comprehensive Parks, Recreation and Open Space Master Plan was commissioned Below are the goals and strategies for the Park System as outlined by the Denton Parks and Recreation Department A DISTRIBUTION OF PARKS I Goal Ensure the adequate and equitable distribution of parks, open space and recreation fac~hbes 2 Strategies a Complete a new Parks, Recreation and Open Spaces Master Plan that addresses public needs in all park and open space categones and meets the C~ty's objectives for urban design, multi-modal transportation, drainage and environmental conservation object~ves b In accordance w~th adopted service standards for each park category, acquire and maintain sufficient land to keep pace w~th Denton's population c Develop, fund and ~mplement future capital ~mprovements programs consistent w~th the Parks, Recreation and Open Spaces Master Plan B, PARK AND OPEN SPACE ACQUISITION 1. Goal Achieve urban des;gn, transportabon, drainage and env:ronmental conservation obJect:yes through park and open space acqu~s:bon 2 Strategies Identify land and/or easements necessary to estabhsh a un:fled greenbelt system that achieves recreabon and transportat:on system obJect, yes Ident:fy slgmflcant scemc, h:stoncal and enwronmentally sens;tive lands, and determine strategies to preserve them 22 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan C FINANCIAL EFFECTIVENESS 1 Goal Ensure the cost-effective provision of parks, open space and recreation fac~ht~es 2 Strategies a Working with other C~ty departments, area school d~stncts and developers, ~denbfy opportunities for clustenng multiple public functions w~th parks and recreation fac~hbes ~nto neighborhood service centers Develop appropnate planning pohc~es, development regulations and ~mplementabon strategies b Research the need for and feas~b~hty of developing spec~ahzed parks and recreabon fac~ht~es that can function as profit centers, which reduce the dependency on property tax revenue and generate profits to underwrite other recreabon fac~ht~es and services D RESPONSIVENESS 1 Goal Ensure that future parks and recreation ~mprovements are responsive to the changing needs of Denton's c~bzens 2 Strategies a Penod~cally survey the wants and needs of Denton's c~t~zens for their parks and recreation system, ~ncorporate th~s mformat~on tnto rews~ons of the Strategic Plan, Annual Action Plans and updates of the Parks and Recreatmn Master Plan b Update the Parks, Recreation and Open Space Plan at least once each 5 years To ensure that these goals and strategies were met, a Steenng Committee was assembled at the beg~nmng of the project to monitor the Master Plan process throughout the study Th~s Committee helped fac~htate commumcat~on between pubhc officials, City staff, the Park Board, the School D~stncts, and the c~bzens of Denton The Master Plan ~s a result of a collaborative team effort between the C~t~zens of Denton, Carter& Burgess, Inc, the Steenng Committee, the Parks and Recreabon Board, and the C~ty Parks and Recreabon staff 23 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle L~nkages Plan Use of Master Plan Th~s document ~ncludes specific recommendations for future land acquisition, park expansion, and park development to serve the growing population and needs of Denton Section III of th~s report ~ncludes a, complete inventory of ex~stmg parks, school fac~ht~es currently being used through joint- use agreements, and a hst of current sports programs and participation levels Section IV prowdes a review of Denton Park Acreage Standards and compansons to current Denton facilities Section V documents the results of the needs assessment as prowded by the C~ty of Denton In Section VI, the report ident~fies the recommended pnontles and budget estimates for actual park development Section VII prowdes ~mplementat~on guldehnes including pohc~es and ordinances, potential funding sources, and a five-year acbon plan for ~mplement~ng the Master Plan Section VIII provides guidehnes and implementat~on strategies to develop a C~ty-wlde pedestrian and b~cycle linkages plan Th~s Master Plan should be the bas~s for the future development and f~scal planning for the Denton park system for the next five to ten years Annual rewews of the Master Plan should be performed by the C~ty to ensure that the ~mplementat~on ~s on course and addresses any specific changes in priorities and/or needs 24 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan III. Methodology The Parks, Recreation, and Open Space Master Plan was prepared using a two phase process Phase 1 revolved the ~nventory/supply analys~s, standards analysis and the needs assessment, wh~le Phase 2 ~nvolved the recommended pr~onbes, budget analys~s, funding methods, and acbon plan C~t~zen input is considered one of the primary determinants of the Master Plan recommendations w~th~n Phase 2 Elements of the Park Master Plan The process ~n prepanng the Parks, Recreabon, and Open Space Master Plan consisted of the following steps PHASE 1 step 1 - Inventory The first step ~nvolved a s~te tour by Carter & Burgess and C~ty Parks and Recreation Department staff of all ex,sting parks and recreation fac~l~bes in Denton An inventory was prepared based on informat~on prowded by the Denton Parks Department of all ex~st~ng parks owned by the C~ty, alIjo~nt-use fac~l~bes w~th Denton Independent School D~stnct, and all existing recreation associations and orgamzat~ons The exlsbng recreation programs were evaluated by obtaimng citizen input from an extensive telephone survey completed ~n May 1999 No specific recommendations are ~ncluded for recreation programming within th~s Master Plan It ~s recommended that C~ty staff prepare a comprehensive rewew of current recreation programming and future demands to ensure that fac~l,t~es w~ll prowde for these needs SteD 2 - Standards and Gu~delines Th~s step revolved a companson of Denton s ex~stmg park facilities to standards developed by the Parks & Recreation Department Acreage standards and facility standards, based upon population numbers, were analyzed Th~s allowed for an objective review of the Denton park system Stao 3 - Needs Assessment Carter & Burgess rewewed prewous public ~nput pertaining to parks, recreation, open-space and trails Data ~ncluded recent pubhc ~nput through telephone surveys, public ~nput obta~ned through the Denton Comprehens~ve Plan process, andothersourcessuchas A VIslon for Denton - the 21st Century and information from youth, sen~ors, university students, families, etc The data was then summanzed ~n order to ~denbfy the pdonbes for parks and recreation as expressed by the c~t~zens of Denton 25 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle Linkages Plan PHASE 2 Step 4 - Recommendat~ons/Pnont~es for Master Plan This step ~nvolved ranking the pnont~es for future park facd~tles from h~ghest to lowest needs The c~t~zen ~nput obtained during the needs assessment phase was considered the most s~gmflcant factor and was weighted more heawly ~n the pnonty ranking Other factors considered in pnont~zmg the recommendations ~ncluded C~ty staff ~nput, the Board /Cemm~ss~ons ~nput and Carter & Burgess professional recommendations After a summary of priorities was established, recommendations were established to guide and d~rect the acquisition, development, and maintenance of parks, recreation areas, and open spaces for the next five to ten years An expenditure analys~s and funding t~mel~ne were generated to help implement the plan Step 5 - Imolementet~on The final step establishes the framework and methods for public officials to use in implementation of the Master Plan Policies, ordinances, and sources of funding are reeommended so that the Plan can become a reality Also, a five year action plan provides specific priont~es and budget estimates for the first five years of the Plan The F~ve Year Action Plan Map graphically dlustretes the pnont~es recommended in the Master Plan PlanninR Process D aRram Th~s Master Plan process ~s a cont;nuous one which requires annual evaluat;on by the Parks and Recreabon Department and the C~ty Council Every five years the Plan should be updated to prowde current pnonties, action plans, and budget est;mates for ~mplementat;on The follo~qng pages ;lluatrate the planning process for the Park Master Plan "~ 26 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & E~lcycle Linkages Plan Planning Process PHASE 1 Inventory/Market Analys~s A Base Map Preparation Preparabon of a computer generated base map B Inventory / Supply Analysis 1 Pubhc parks and recreation areas owned by the C~ty 2 Joint use fac~ht~es w~th Denton Independent School D~stnct 3 Sites for preservabon or conservabon of natural area 4 Existing racreat~on programs offered by the C~ty Number of teams and children part~c~pabng Facilities ut~hzed by each Association 5 Existing non-City Sponsored Recreation Sports Associations and Orgamzat~ons Number of teams and ~nd~wduals participating ~n each assoc~abon Faclllbes utilized by each association C Population Analys~s 1 Population concentrating on the factors of growth, d~stnbut~on, and projected changes D Standard Analys~s I Determine park standards and classlflcabons which will apply to Denton community 2 Compare ex,sting fac~ht~es to Denton s standards to detarm~ne the amounts of fac~ht~es and park acres needed to meet the needs of the commumty 3 Evaluate ex~sting resources of the commumty for open space, greenbelt hnkages, parks and recreation fac~ht~es, based upon user partic~pabon E Demand Analys~s and Needs Assessment 1 Rewew prewous pubhc ~nput perta~mng to parks, recreabon, open space and tra~ls 2 Summarize needs assessment ~nformat~on 3 Evaluate expressed c~t~zen needs versus available fac~hbes July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan PHASE 2 A Priority Analys~s 1 Complete point analys~s 2 Complete priority ranking system B Action Plan 1 Develop a definltfve program(s) for acquisition and development of park land to meet future needs 2 Develop planning maps coordinated with Denton Planning and Zoning, Economm Development, Parks and Recreation, and overall City Comprehensive Plan 3 Rewew ex~st~ng ordinances and provide recommendations to ~mplement the Action Plan C Expenditure Analys~s 1 Complete the expenditure analys~s 2 Complete the chart of potential grant opportumt~es and funding sources 3 Prepare a five-year action/funding t~me-hne D Parks, Recreation and Open Space Master Plan - Prehm~nary Master Plan 1 Preparation of conceptual dlustrat~ve park master plan graphics 2 Presentation for the Preliminary Master Plan to C~ty Staff and Steenng Committee for approval E Parks, Recreation and Open Space Master Plan - F~nal Master Plan 1 Preparabon of final narrative and color CADD exhibits/maps from City review comments 2 Presentation of Park, Recreation and Open Space Master Plan to Denton 28 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bmycle Linkages Plan IV. Inventory The City of Denton has a total land area that covers over 55 square m~les W~th~n the Denton Park System are 23 parks and 4 open space preserve areas totahng 1004 55 acres as of January 2000 Also, the Denton Parks and Recreation Department (PARD) and the Denton Independent School D~stnct (DISD) operate under a joint-use agreement to support the programs of both agencies Under th~s agreement Denton PARD and the DISD share facilities ~n an attempt to meet the growing need of Iow cost leisure programming for Denton residents Th~s includes the After School Action S~te after-school care program and a new M~ddle School Program, as well as the use of McMath Mtddle School gymnasium by Denton PARD Dunng the first phase of the Master Plan Process, a complete inventory was complied of all ex~st~ng parks, recreation fac~ht~es, and open spaces w~th~n the C~ty of Denton Carter & Burgess, Inc, toured all the sites w~th Denton PARD staff The City provided acreage and amenity ~nventones for each of the parks and a list of recreation associations and orgamzat~ons for the sports associat~ons throughout the C~ty Populabon ~nformat~on was also prowded by the C~ty The following pages prowde a complete inventory of the ex~sbng parks and faclht~es w~th~n the C~ty of Denton 29 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan FACILITIES ~ 30 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Amencan Legion Budding 2,300 Square Feet Location 629 Lakey Recreation Amenities Non-Recreabon Amemt~es K~tchen Restrooms Offices Actw~ty Room ~ 31 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Civic Center 11,000 Square Feet Locabon 321 E McK~nney Recreation Amenities Non-Recreation Amemtles Walking Track Aud~tonum Portable Basketball Goals Restrooms Adm~mstrat~ve/$taff Offices K~tchenette Conference Room Storage Ma~l/Copy Room *See also Civic Center Park ~ 32 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan C wc Center Pool Acreage Developed Undeveloped Locabon 515 N Bell Recreation Amemt~es Non-Recreation Amen~bes 50 Meter Outdoor Pool Restrooms/Locker Room Water Shde Concession Area 2 D~vlng Boards Offices Shade Structure Storage Zero Depth Area Gross Berm Ama Picnic Tables *See also C~vIc Center Park ~ 33 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian &Btcycle Linkages Plan Clvm Center Pool C~wc Center Pool ~ 34 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle L~nkages Plan Den a Recreabon Center 16,000 Square Feet Location 1001 Parv~n Recreation Amenities Non-Recreation Amemt~es Gym Meebng Room Volleyball Court/Basketball Court Restrooms W~th Showers Climbing Wall Offices Fitness Room Storage Game Room K~tchen Preschool Room Dance Studio * See also Den~a Park ~ 35 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Denton Sen or Center 18,000 Square Feet Locabon 509 N Bell Recreation Amenities Non-Recreation Amemt~es Woodshop Meeting Room Country Store Restrooms F~tness Area Offices Domino Hall Kitchen Card Room Ballroom W~th Stage Pool Room Storage *See also C~vic Center Park ~ 36 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle L~nkages Plan Goldfield Tenms Center 875 Square Feet Location 2005 W W~ndsor Recreation Amenities Non-Recreation Amemt~es 8 L~ghted Tennis Courts Meeting Room 1 Utihty Court Restmoms 3 1/2 Court Basketball Courts Offices 16 Benches Storage 4 Bleachers 1 Dnnk~ng Fountain *See also North Lakes Park July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan McMath Gym 10,240 Square Feet Location 1900 Jason Recreation Amenities Non-Recreation Amemt~es Gym Restrooms Volleyball/Basketball Court Office Outdoor Multi-purpose Courts Storage July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan MLK, Jr Recreabon Center 20,000 Square Feet Location 1300 Wdson Recreation Amemt~es Non-Recreabon Amenities Gym Meeting Room Volleyball/Basketball Court Restrooms/Locker Room Game Room Offices F~tness Room Storage Preschool Room Computer Room Arts & Crafts Room Kitchen *See also MLK, Jr Park ~ 39 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle Linkages Plan North Lakes Recreabon Center 16,000 Square Feet Locabon 2001 W W~ndsor Recreabon Amembes Non-Recreation Amemt~es Gym Meebng Room Volleyball/Basketball Court Restrooms/Locker Room F~tness Room Offices Dance Studio K~tchen Game Room Storage *See also North Lakes Park ~ 40 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B{cycle L~nkages Plan PARKS July 2000 2000 Dento~ Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Avondale Park Acreage 18 10 Developed 18 10 Undeveloped 0 00 Type Neighborhood Location Nottingham @ Devonshire Recreation Amenities Non-Recreabon Amenities 2 Tennis Courts S~gnage 1 Basketball Court 1 Fountain 1 Pavilion Security Lights 1 Playground 10 P~bmc Tables 10 Trash Receptacles 6 Benches 1 Grill 33 Trail (m~les) ~ 42 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Avondale Park ~ 43 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Bent Creek Estates Acreage 21 00 Developed 0 00 Undeveloped 21 00 Type of Park Neighborhood Location Hwy 377 at H~ckory Creek Recreabon Amenities Non-Recreabon Amemt~es ~~J~ ' 44 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle L~nkages Plan Bowhng Green Park Acreage 10 92 Developed 6 92 Undeveloped 4 00 Type of Park Neighborhood Locabon Bowling Green & Auburn Recreation Amenities Non-Recreation Amemt~es I Pla~yground Tree Farm 3 Benches Parking Spaces 1 Dnr~k~ng Fountain 1 P~cmc Table July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle Linkages Plan Bowhng Green Park ~ 46 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle L~nkages Plan Bnerchff Park Acreage 11 00 Developed 5 00 Undeveloped 6 00 Type of Park Neighborhood Location State School Road Recreation Amenities Non-Recreation Amenities 1 Practice Ball F~eld S~gnage 1 Playground 2 P~cn~c Tables 1 Bench 3 Trash Cans 1 Grill ~ 47 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bmycle Linkages Plan Civic Center Park Acreage 20 00 Developed 20 00 Undeveloped 0 00 Type of Park C~ty Location Bell Avenue at Withers Recreat~en Amenities Non-Recreation Amenities 2 Tennis Courts 1 Restmom 1 Playground Security L~ghts I Swimming Pool S~gnage I Amphitheatre 1 Practice Soccer Field Trad 2 Grills 8 Benches 1 Dnnk~ng Fountain 30 Picnic Tables See Also Clwc Center, C~wc Center Pool, Denton Semor Center July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan& Bicycle L~nkages Plan C~wc Center Park ~ 49 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle Linkages Plan Cross T~mbers Park Acreage 28 00 Developed 0 00 Undeveloped 28 00 Type of Park Neighborhood Locabon R~ver Pass Drive at H~ckory Creek Road Recreation Amenities Non-Recreation Amemt~es July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle Linkages Plan Den a Park Acreage 25 00 Developed 25 00 Undeveloped 0 00 Type of Park Commumty Location Parvm at Bernard Recreation Amemt~es Non-Recreation Amemties 2 Benches 1 Restrooms/Concession 3 1/2 Court Basketball Courts 2 Scorekeeper Benches 2 L~ghted Tenms Courts 260 L~ghted Parking Spaces 2 Playgrounds Dugouts 6 Picn~c Tables 4 Bleachers 1 Pavd~on 3 Drinking Fountains 1 Grill I L~ghted Roller Hockey Court 1 T-Ball Field July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bmycle Linkages Plan 1 Pracbce Soccer F~etd 4 L~ghted Softball F~elds See Also: Den~a Recreation Center EiENRI~IN(~ LIVES 52 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Denton Branch Rad Tra~l Acreage 97 00 Developed 97 00 Undeveloped 0 00 Type of Park L~nkage$ / Greenbelt Location Prame Street South at Swisher Road Recreabon Amenities Non-Recreation Amembes 8 Mde Trad July 2000 2000 Denton,Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Evers Park Acreage 30 00 Developed 30 00 Undeveloped 0 00 Type of Park Community Locabon N Locust at Windsor Recreation Amenities Non-Recreation Amenities 9 L~ghted Baseball Fmlds 2 Restrooms/Concess~ons 3 L~ghted Football Fields 587 Paved Parking Spaces 1 Playground 20 Gravel Parking Spaces 5 Pmmc Tables Dugouts 1 P~cnic Shelter Scoreboards 3 Dnnkmg Fountains 20 Bleachers 2 Benches 9 Scorekeeper Benches 2 L~ghted Baseball Relds (under construction) 1 Storage Building 1 Budding 1 Boy Scout Hut ~ 54 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Fred Moore Park Acreage 10 O0 Developed 10 O0 Undeveloped 0 O0 Type of Park Neighborhood Location Bradshaw at E Prairie Recreation Amenities Non-Recreabon Amenities 1 L~ghted Baseball F~eld Restrooms 2 L~ghted Basketball Courts Secunty L~ghts 1 Playground trngat~on 2 P~cn~c Shelters 1 Pavdion/Stage P~cnm Tables 2 Dnnk~ng Fountains Grills See Also Amencan Legion Budding July2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bmycle L~nkages Plan Park Fred Moore Park ~ 56 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan Joe Sk les Park Acreage 6 00 Developed 6 00 Undeveloped 0 00 Type of Park Neighborhood Location Stemmons at Stonegate Recreation Amemt~es Non-Recreation Amenities 1 Practice Soccer F~eld S~gnage 1 Practice Baseball F~eld Security L~ghts 3 1/2 Court Basketball Courts Irngat~on 2 L~ghted Tennis Courts 1 Playground 1 Pavilion 4 P~cmc Tables 3 Dmnkmg Fountains 1 Grill 3 Benches 11 Trash Receptacles ~ 57 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Joe Sklles Park ~ 58 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Mack Park Acreage 20 00 Developed 20 00 Undeveloped 0 00 Type of Park Commumty Location E McKinney at Mack Place Recreation Amemt~es Non-Recreation Amemt~es 3 L~ghted Baseball Fields 2 Restrooms/Concess~on 1 Practice Soccer Field 1 Storage Budding 3 1/2 Court Basketball Courts 181 Paved Parking Spaces 2 Tennis Courts 1 Playground 5 P~¢nic Tables I P~cnm Shelter 1 GHII 4 Drinking Fountains 13 Bleachers Dugouts ~ 59 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle Linkages Plan Mack Park Mack Park ~ 60 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan McKenna Park Acreage 18 00 Developed 18 00 Undeveloped 0 00 Type of Park Neighborhood Locabon Scnpture at Bonme Brae Recreation Amemt~es Non-Recreabon Amemt~es 1 Basketball Court I Restrooms 1 Playground S~gnage 3 Pawhons 26 Pmnic Tables 4 Drinking Fountains 6 Grills 16 Trash Receptacles July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan McKenna Park McKenna Park ~ 62 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Milam Park Acreage 1 O0 Developed 1 O0 Undeveloped 0 O0 Type of Park Neighborhood Location Mockingbird at Bob-O-L~nk Recreabon Amembes Non-Recreation Amembes 1 Drinking Fountain Slgnage I Trash Receptacle 3 Benches ~ 63 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan MLK, Jr. Park Acreage 5 00 Developed 5 00 Undeveloped 0 00 Type of Park Neighborhood Location Morse at Newton Recreation Amemt~es Non-Recreation Amenities 1 Practice Baseball F~eld 1 Playground 3 Benches 2 P~cmc Tables 1 Ddnkmg Fountain See Also MLK, Jr Recreation Facd~ty ~ 64 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan MLK, Jr Park MLK, Jr Park ~ 65 Jury2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Nette Shultz Park Acreage 10 00 Developed 10 00 Undeveloped 0 00 Type of Park Neighborhood Location Rockwood at Woodhaven Recreation Amenities Non-Recreation Amemt~es 1 Backstop S~gnage 2 Tennis Courts 1 Playground 1 Practice Soccer F~eld 9 P~cn~c Tables 5 Trash Receptacles 3 Grills 5 Benches 2 Drinking Fountains 47 Tra~l (m~les) ~ 66 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Nette Shultz Park July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle L*nkages Plan North Lakes Park Acreage 345 00 Developed 100 00 Undeveloped 245 00 Type of Park C~ty Location W~ndsor at Bonnie Brae Recreabon Amemt~es Non-Recreabon Amemtles 7 Benches 2 Restrooms/Concesslon 8 G~lls I Portable Concession Trailer 2 Playgrounds 698 Parking Spaces 34 Picnic Tables 5 Pavilions 2 5 Troll (m~les) 1 Rugby F~eld 4 L~ghted Soccer Fields 8 Soccer F~elds 6 Lighted Softball Fields 1 Sand Volleyball Court 4 Dnnkmg Fountains July 2000 2000 Denton Parks and Recreation Mastar Plan and Pedestrian & B~cycle L~nkages Plan 36 Bleachers 3 F~shlng Lake w~th One P~er 1 Golf Dnwng Range 1 Fnsbee Golf Course See Also North Lakes Recreation Center, Goldfield Tennis Center North Lakes Park ~ 69 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan North Lakes Park North Lakes Park ~ 7O July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Owsley Park Acreage 0 52 Developed 0 52 Undeveloped 0 00 Type of Park Neighborhood Location Stella Street and Avenue G & H Recreation Amemt~es Non-Recmabon Amembes 1 Playground S~gnage 1 Dnnking Fountain 2 Pmn~c Tables 3 Trash Receptacles July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Owsley Park Owsley Park ~ 72 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Pebblebrook Acreage 24 21 Developed 0 00 Undeveloped 24 21 Type of Park Neighborhood Location Loop 288 and McKmney Recreation Amemtles Non-Recreabon Amembes ~*~ 73 July 2000 2000 DentonlParks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Phoemx Park Acreage 7 00 Developed 3 00 Undeveloped 4 00 Type of Park Neighborhood Location Wood Street Recreation Amenities Non-Recreation Amenities 1 Basketball Court Secunty Lighting 1 Playground Signage 1 Practice Soccer F~eld 1 Drinking Fountain 8 P~cnic Tables 6 Trash Receptacles 2 Benches ~ 74 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestflan & Bicycle Linkages Plan Phoenix Park ~ 75 July 2000 2000 Denton Parka and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan R ver Oaks Acreage 25 60 Developed 0 00 Undeveloped 25 60 Type of Park Neighborhood Locabon Hickory Creek at McNatr Elementary Recreation Amenities Non-Recreation Amemt~es ~ 76 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan South Lakes Park Acreage 187 00 Developed 50 00 Undeveloped 137 00 Type of Perk C~ty Location Teasley at Hobson Recreation Amenities NomRecreatlon Amemt~es 10 Grills 1 Restroom 1 Basketball Court 1 Fishing Lake 2 Tennis Courts S~gnage 1 Sand Volleyball Court Secunty L~ghts 2 Playgrounds Irngated 2 Pav~lions 50 Parking Spaces 1 Practice Soccer Field 9 Benches 3 Dnnk~ng Fountains 29 P~cmc Tables 1 Practice Ball F~eld I Gymnasium 2 62 Trad (mdes) July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan South Lakes Park South Lakes Park ~ 78 JuLy 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan The Oaks of Montec~to Acreage 3 20 Developed 0 00 Undeveloped 3 20 Type of Park Neighborhood Location H~ckory Creek Road north of R~ver Oaks Recreation Amenities Non-Recreation Amenities ~ 79 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle Linkages Plan W nd R ver Acreage 17 00 Developed 17 00 Undeveloped 0 00 Type of Park Neighborhood Location Ldhan Mdler at Teasley Recreation Amenities Non-Recreation Amemt~es Trad Small Pond & Stream ~ 80 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle Linkages Plan OPEN SPACE PRESERVE July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Airport Road Acreage 42 00 Developed 0 00 Undeveloped 42 00 Type Open Space Locabon A~rport Road Refer to map on page 90 for location ~ 82 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle L~nkages Plan Cooper Creek Acreage 3 00 Developed 0 00 Undeveloped 3 00 Type of Park Open Space Location Mayhdl at Audra Refer to map on page 90 for location ~ 83 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan W ndsor Drive Acreage 10 00 Developed 0 00 Undeveloped 10 00 Type of Park Open Space Location Windsor at Sherman Refer to map on page 90 for location July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Woodrow Acreage 9 O0 Developed 0 O0 Undeveloped 9 O0 Type of Park Open Space Location Woodrow Lane Non-Recreabon Amemt~es Tree Farm Refer to map on page 90 for location ~ 85 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle L~nkages Plan ,'ARK EXISTING INVENTORY FACILITY Owned Develo~dl O O O O O O O O O O O O O O O Undeveloped U D U D D D U U D U D D D D D Perk Classification N L O N N N N CI O Co Co N N Co N ~res 420 J81 210 1092 : 110 200 30 2800 250 9700 300 100 60 200 t80 ~ph~heatre Baseball Fields (lighted) 0 t t t 3 Baseball Fields (practice) I 1 Basketball CouPs 1 3 2 3 3 1 Benches 6 3 I 8 2 2 3 Bleachers 4 20 Concession Bulldin~ 1 2 2 Drinking Fountains 1 1 3 3 2 3 4 4 ~*llls 1 1 2 I 1 I 6 ;hlng ~ke I Pier Fo~ball Field (ll~hte~ Pavilion / Shelter 1 1 t 3 I 1 3 Picnic Tables 10 t 2 30 6 5 4 ~ 26 Playgrounds I I t I 2 I t I I 1 Recr~tlon Center t 1 Restro~s I I 2 1 2 1 Roller Hockey Cou~ ~and Volleyball ~enior Ce~er 6octet Fields (llehted) 6o~er Fields (unlighted) Soccer Fields (practice) 8oflball Fields (lighted) 4 Ewlmmlng Pool 1 Tennis Center Tennis CouPs (lighted) , 2 2 Tenn{8 CouPs (unlIg~ed) 2 2 2 Trails (miKes) , 33 Trash Recep~cles 10 3 11 16 July 2000 2000 Denton Parks and Recreation Master Plan end Pedeatnan & B~cycle Llnka0es Plan ARK EXISTING INVENTORY FACILITY o Owned Develo~d/ O O O O O O O O O O O O O Undeveloped D D D D D U D U D U D U U Park Classlfl~tion N N N N Ci N N N N Cl N O O ~res 10 50 100 345 52 2421 70 256 187 32 170 100 90 10M55 ~phltheatre 0 Baseball Fields (lighted) 15 Baseball Fields (practice) t t 5 Basketball CouPs t 1 15 Benches 3 3 Bleachem 36 73 Con~ssion Building 2 inking Fou~ains I I 2 4 I I 3 34 Ils 3 8 10 34 r:shlng ~ke / Pier 2 I 3 Football Field (lighted) Pavilion I Shelter 5 2 18 Picnic Tables 2 9 ~ 2 8 29 173 Pla~rounds I t t 2 I 1 2 ~9 Recreation Center t 1 4 R~trooms 2 Roller H~ke~ Cou~ (lighted) Sand Volle~all I 1 2 Senior Center S~cer Relds (lighted) 4 4 8occer Fields (unlighted) 8 8 S~cer Fiel~ (pm~l~) , 1 1 8o~11 Fields (lighted) I 6 10 Swimming Pool , Tennis Center I 1 Tennis CouPs (lighted) 4 Tennis Cou~ (unlighted) 2 2 t 0 rralla (miles):1 47 2 5 2 62 X 5 g2 Trash Regencies I 1 Park CI; U Urban~ Open Space CI Clt~lde Park Co Commum~ Park N Neighborhood Park L L~nkages/Greenways O Open Space Presewe July 2000 2000 Denton Parks and Recreaaon Master Plan and Pedestnan & B~cycle L~nkages Plan Joint Use Facilities July 2000 2000 Denton Parka and Recr~flon Master Plan and Pedestrian & Bicycle Linkages Plan The City of Denton has a joint use agreement w~th Denton Independent School D~stnct The agreement states that the C~ty and lSD will allow each other to use fac~l~bes at no cost (except for an attendant, if needed after hours) The follow~ng are examples of how the agreement works · Th~s agreement has been used for the last 17 years w~th our After School Action S~te program it operates out of all 10 elementary schools at no cost and serves over 400 children da~ly · Borman Elementary uses the Dema Recraat~on gym for ali PE classes · McMath Middle School was constructed on South Lakes Park ~n 1997-98 A land swap pmwded acreage adjacent to Evem Park which allowed the expansion of youth baseball fields (now under construction) DISD built an additional gym at McMath which ~s available to the C~ty for programs after school, on weekends, and throughout the summer DISD also bruit soccer and baseball practice fields on South Lakes Park They maintain the fields on park property, and are available for public use outside school hours · A Bond Program, already approved by voters, w~ll allow the C~ty and DISD to construct a joint aquatic center facility The DISD ~s contnbubng $3 5 m~lllon for a natatonum, and the C~ty w~ll contribute $4 million for leisure components, ~ndoor and outdoor The C~ty w~ll operate and maintain the facility and receive any revenue generated The operating agreement is not finalized · City & DISD work closely w~th developers on acqu~nng land ~n key locations to secure school and park sites for future development ~ 89 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle bnkages Plan Existing City Parks Denton P~ and Recreation Master Cooper Glen i Evers Park Open Space North Lakes Windsor Drive Avond:fle Park Open Space Bowling Green Park Nette Shultz Park Cooper Creek Civic Center Open Space McKenna Park Park Mack Park Milam Park __ Phoenix Park Owsley Paxk Fred Moore Woodxow Open !' Park apace Airport Road Pebblebrook Open Space M.L. King Jr. Park Park Joe Skiles Park Denia Park South Lakes Park Wind River Park Brlercliff Park Bent CYeek Estates Park River Oaks Park Legend J] Existing City Parks City Limits Flood Plain July 2000 Existing Municipal Facilities Denton Parks Recreation Master Plan j'l ! .... I _.1 /,"* L I''J '"/ [ --'.-~-' ' ! i-ii i ' :/ ' ~ t '"' I [ i-'-'~ .... - ...... L.I !: r ':;~-, : Fire Sta~on No. 4 [ ~ Fire S~fion . · ;" No. 5 ~ i~ ~ Wom~'~ .* . GoffCo~e ~~' ,> Se~ce Center , '- ._ I I ~mbe~ Of Poh~ & ~un~ J~l & ...... 4 Ci~ H~ E~t ~ho~e ', Fke S~. No. 1 ~mmer~ O~ H~ W~t Fke Station ~ol ~m -"x Bufldlng ~ntro/ No. 2 I I ''~ .... ~:{ Goff ~urse Fke Station ~ Pecan Creek No. 3 ' !L / '?:,.; ~-~] t--" '1 , I I ,,.~ , . ; I ' ..... ·f . i.'L~ ': ~ .'~ i , iI ~ --.~-/.~' ...:- : ~ _. ' ...... .. ~ ..... ,,. , .:" ~ ,/-. - , ., ............................ ,, . Legend ~ E~s~g City V~rks [------IMmeip~ Fa~mtie~ I Cemeteries ~ Tennis Center [~ Golf Courses ~ Swimming Pool ..... City Limits ~ NORTH July 2OO0 Existing Schools Denton and Recreation Master ~n · ~ /" t ~ Hodge l'll i -/"~ /~ Oinnings ~'% Elementary i -,'~, Elementary Elementary ;~ ,~ x. Wilson Stricldand Elementary Middle School Rayzor Elementary Texas Woman's University / ....... i~¥ !i- [J Denton High School Robert E.Lee Selwyn School Elementary Calhoun / Sullivan Keller Middle School Billy Ryan High School --~' } Tomas Rivera '~ I Element=y University of Fred Moore North Texas Liberty ?, ; i Christian /,, ; Elemental~ /',5~ McMath \ Middle School ./ ~ Sam Houston '~ Elementary / i'- 1222: Denton State i c - ~ School / ? ,/ McNair Legend DISD Schools ~ Universities, State School ~ Private Schools .... Ci~ I ,imits ~ Flood Plain CitY Sponsored Recreation Programs July 2000 2000 Dentor Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan One of the best th~ngs about the Denton Parks and Recreation Department ~s that ~t has something for everyonel From children's actlvlbes, to programs for teens to sen~ors and everyage m between - the department offers a w~de array of programming for all ages and all interests The Denton Parks and Recreabon Department has a m~ss~on statement, as follows To enrich the I~ves of all Denton c~bzens through enwronmental enhancements and a diverse offedng of recreabonal, educabonal and cultural services The following Is a summary list of act~wtles and programs offered to the c~bzens of Denton by the Parks and Recreation Department Aquatics Goldfield Tennis Center Therapeutic Recreation Sw~m lessons Youth lessons After school program Sw~m team Adult lessons Summer camps Special events Leagues Monthly socials Pool rentals Junior development chmcs Special events Tournaments Youth Services Senior Center Athletics After school program Special events Youth Basketball Special events Dance classes Soccer IMAGINE program Arts & crafts classes Baseball Teen events Monthly socials Cheerlead~ng Summer camps Tnps Football Music Adult Softball Health/F~tness Co-ed softball Rentals Church league Denla, North Lakes. MLK,Jr ,Civic Center~ McMath Preschool/children classes Outdoor adventure classes/trips Teen programs Rentals Adult classes Special events Health/F~tness Athletics Sports Rock chmb~ng wall Summer camps Semor programs Gymnastics/Dance Monthly socials July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle Linkages Plan Sports Programs July2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan The yearly participation ~n recreabon programs in Denton ~s ~mportant when evaluating current facilities available w~thm the C~ty S~x major sports associations operate w~th~n the C~ty Through the years 1995-1999, Denton Youth Football has remained steady ~n ~ts number of parttc~pants wh~le Denton G~Hs Softball has seen a drop ~n ~ts attendance records Denton soccer has seen the greatest ~se ~n ~ts records, an Increase of 550 participants over 4 years The following chart ~llustrates,the changes from 1995-1999 Denton Evers 5 - 12 729 825 798 687 Baseball ' Denton L~ttle Evers ** 5 - 18 425 434 434 605 653 Denton Dema 5 - 18 475 528 528 360 Softball Denton Seccer North U6 - U19 1200 1360 1566 1705 1750 Lakes Denton Yeuth Evers 5 - 12 300 300 300 300 300 Football Denton Baseball* Mack # 1 13- 16 N/A N/A N/A 132 138 &2 * numbers could be wi Denton Boys Baseball used to be same group ** g~rls w~ll, play at Den~a in 2000 July 2000 2000 Denton parks and Recreation Master Plan and Pedestnan & B~cycle Linkages Plan Denton Population Estimates 100 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan population Estimates The 1999~ population forecast estimates a "most hkely" populabon for the 275 square m~le Denton Study Area of 215,000 The C~ty of Denton ~s expected to grow to 100 square m~les w~th a population of 183,600, or 85% of the Study Area population In 1998 ~t ~s esbmated that approximately 85% of the Study Area populabon hved w~th~n the C~ty of Denton Denton I~lannlng Area and City of Denton Forecasts of Additional Population and Land Area 1990.2020 5-M~le ETJ Study Area C~ty of Denton Year Annual Annual Study Area Population!Ama Density Pementage Numenc Population (sq mile) (pop/mile) Growth Growth 2000 3 0% 2,180 90,570 77;56'0 62 0 1,251 2001 3 0% 2,680 93,280 78~890 64 0 1,248 2002 3 0% 2,760 96,080 82~80 66 0 1,247 2003 3 0% 2,840 98,970 8;4,750 68 0 1,246 2004 5 0% 4.880 '~ 103,910 ~8~.9~9.~0 ' 70 0 1,271 2006 5 0% 5,380 114,570 ~.t i0 74 0 1,326 2007 ' 5 0% 5,650 120,290 . i0~;02D' 76 0 1,356 2008 , 50% 5,940 126,310 i~ ~,~1! [~) ~ 780 1,387 2009 5 0% 6,230 ~ ~ ~1'~,, ~('~. ~ ,1.420 2011 5 0% 6~880 146~220 ~1~" ~ ~ ~ ~" 84 0 1,491 2012 5 0% 7,200 153,530 '~;3 ~ f~ . 86 0 1,529 2013 5 0% 7,500 161,210 ~8¥08~ ~ 88 0 1,569 2014 4 7% 7,700 168,910 i~;S~[i ' 90 0 1,606 2015 4 5% 7,700 176~610 ~l'~'~,0~f0 92 0 1,642 2016 4 3% 7~700 184,310 ~54~,, 94 0 1,676 2017 , 4 1% 7,700 192,010 '~1'6~,0130 96 0 1,708 2018 4 0% 7,700 199,710 .~170'~§60' . 98 0 1,740 2019 3 8% 7,700 207,410 t77~040 100 0 1,770 2020 37% 7,700 215~110 t 83~5g0 101 3 1~812 1998-2020 +145% , +~144%' +64% +49% Source T~e C~t~ of Denton Planmn~ and Development Department, Januar}/1999 101 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan V. Standards and Guidelines The adequacy of existing parks, recreabon facilities and open spaces is determined by comparing the needs of the present and forecasted populations of Denton to specific goals and standards The Denton Parks and Recreation Department has adopted a modified version of the standards published by the National Recreabon and Parks Assoc~abon (NRPA) to create a local guideline to determine land and facility requirements for various k~nds of park and recreation needs at the community level Th~s secbon ~ncludes a comparison of Denton to locally estabhshed standards based upon park acreage per populabon and faciht~es per popuiabon Park Classification System When evaluating ex,sting er future parks ~n Denton, It ~s necessary to classl~ each park by type, s~ze, service area, and acres per 1,000 population The following s~x classifications for parks w~ll be used ~n this Master Plan Urban Open Space Urban open spaces typically range from 2,500 square feet to I acre in size They serve an ~mmed~ate area, less than 1/8 m~le ~n radius, and can be a public or private park Th~s area usually addresses hm~ted, ~solated or unique needs Though typically a pass,ye use, they may ~nclude very I~m~ted recreation These spaces can be squares, plazas, gardens, urban pavements, formal spaces such as fountains and pubhc art, pr may be at the ~ntersect~ons of streets Ne~(~hbonhood Park Neighborhood parks typically range from 5 to 20 acres ~n s~ze, although they may be larger depending on topography and natural features They generally serve residents wth~n a ½ mile radius Typical development would ~nclude playground and p~cn~c areas, court games, tra~ls and m~nlmal parking At least 50% of the s~te ~s set aside for passive recreabon act~vit~es and/or conservation areas They are often located next to elementary schools The service standard for this category is 2 5 acres per 1,000 residents Commun~t,/Park Community parks typically range from 30-50 acres but may be larger depending on conservation areas They generally serve residents w~th~n a 2 m~le radius These parks often serve several neighborhoods, and ~nclude "dr~ve to" recreation facilities, as well as the facilities found m neighborhood parks Recreation/Multi-purpose centers, competitive sports fields, and swimming pools are typical They may serve as "tra~l heads" for commumty-w~de graenway systems The service standard for this category ~s 3 0 acres per 1,000 residents 102 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan& Brcycle Linkages Plan C~tyw~de Park C~tyw~de parks are typically 50 acres or more ~n s~ze They generally serve the entire junsd~cbon and beyond Th~s park offers unique, "one of-a-kind" fac~ht~es, such as a garden center, water park, outdoor theater, c~v~c center, fitness center, model a~rplane field, mulb-field athletic complex, or nature center It ~s I~kely to ~nclude s~gnlficant conservabon areas The service standard for th~s category ~s 7 acres per 1,000 residents L~nka e /Greenwa There ~s no typical s~ze for th~s park, but it typically links several neighborhoods, and ideally would serve the entire Jurisdiction Typical development would ~nclude hard and soft surface tra~ls for h~k~ng/b~k~ng/skating and horseback nding It connects resldenbal areas to schools, parks, c~wc buildings and other communities There ~s no service standard for th~s category O en S ce Preserve There are no standards for th~s category Land ~s acquired and managed m accordance w~th preservabon and urban design objectives ~ 103 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan PARK ACREAGE STANDARDS Type Size Service Area Service Standard Urban Open Space 2500 S F - 1 Acre 1/8 M~le Radius No Apphcable Standard Neighborhood Park 5 - 20 Acres 1/2 M~le Radius 2 5 ac/1,000 Community Park 30 - 50 Acres 2 M~le Radius 3 ac/l,000 C~tyw~de Park 50 +Acres Enbre Junsd~ct~on 7 ac/l,000 L~nkages/Greenways No Applicable Several No Applicable Standard Neighborhoods or Standard Entire Jurisdiction Open Space No Applicable No Applicable No Apphcable Preserve Standard Standard Standard TOTAL 12 5 Ac/l,000 Population Standards from "Draft" Denton Comprehensive Plan p 91-92 July 2000 2000 Denton parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Comparison of Park Land Acrea,qe to Denton Standard, Based upon the local standards adopted for each park class~ficabon, the recommended park acreage per 1,000 population is 12 5 acres The C~ty of Denton includes a total of 1004 55 acres of park land for a ratio of 12 99 acres per 1,000 populabon at ~ts current population of 77,300 When evaluating Denton's total park acreage compared to local standards, it reflects that the City ~s currently above recommended standards The City currently has a total of 1004 55 acres of park land, but ~s below the recommended community park acreage standard by 156 90 acres By the year 2010, the shortage w~ll be greater More specifically, by the year 2010, w~th a proJected population of 119,250, the C~ty of Denton w~ll have a short fall of 84 77 acres of neighborhood park land, a shortage of 282 75 acres of community park land and a shortage of 282 75 acres of Cltyw~de park land The tables on the following pages summarize the standards applied to the existing parks ~n Denton 105 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan SUMMARY OF DENTON PARK ACREAGES Urban O~en Space Neighborhood Avondale Park 18 10 acres Bent Creek Estates Park 21 00 acres Bowhng Green Park 10 92 acres Bnercl~ff Park 11 00 acres Cross T~mbers Park 28 00 acres Fred Moore Park 10 00 acres Joe Sklles Park 6 00 acres McKenna Park 18 00 acres M~lam Park 1 00 acres MLK, Jr Park 5 00 acres Nette Shultz Park 10 00 acres Owsley Park 52 acres Pebblebrook Park 24 21 acres Phoenix Park 7 00 acres R~ver Oaks Park 25 60 acres The Oaks of Montec~to 3 2 acres Wind River Park 17 00 acres 216 55 acres Community Den~a Park 25 00 acres Evers Park 30 00 acres Mack Park 20 00 acres 75 00 acres C~tywlde Civic Center Park 20 00 acres North Lakes Park 345 00 acres South Lakes Park 187 00 acres 552 00 acres L~nkages / Greenbelt Denton Rail Tra~l 97 00 acres 97 00 acres Open Space Preserve A~rport Road 42 00 acres Cooper Creek 3 00 acres Windsor Park 10 00 acres Woodrow 9 00 acres 64 00 acres TOTAL 1004 55 acres 106 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Oicycie L~nkages Plan PARK ACREAGE STANDARDS APPLIED TO DENTON Urban Open --- I N/A N/A N/A Space I Neighborhood 216 55 193 25 233 60 298 12 Community 75 00 231 90 280 32 357 75 C~tyw~de 552 00 541 10 654 08 834 75 bnkages / 97 00 / N/A N/A N/A Greenbelts / Open Space 64 00 J N/A N/A N/A Preserve / TOTAL , 1004.55 ~ 966 25 lf168 00 lr490 62 DIFFERENCE BETWEEN GUIDELINES AND EXISTING DENTON PARKS 107 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Neighborhood Park Service Area Denton and Recreation Master Plan Bowling Green Avondale Park Park Nette Shultz Park MeKenna Park -C-- Milam Park ~ Fred Moore Phoenix Park Owsley Park Park i] Pebblebrook M.L. King Jr. Park Park ~'oe Shies Park Wind River / Park Briercliff Park Bent Creek Estates Park River Oaks Park ',, Legend I Existing Neighborhood Parks ..... City Limits Service Radius Flood Plain July 2000 Community Parr Service Areas Denton Parks and Recreation Master Plan Mack Park Derda Park Legend ~ ~xkting Commurd~ Parks City Limits Set'ce Radius NORTH ~uly Compa 'lson of Facility Development to Denton Standards Another w ~y to analyze Denton s park system as compared to Standards ~s by fac~hty development Th~s allow= r a detailed review of current faciht~es available versus recommended facility development based up~ ~n population numbers Fac;ht~es comparison allows the C;ty to see where more recreation facd~tles are needed ~n the community The following table provides a detailed fac~hty rewew based upon the 1999 population and the projected year 2010 population ~n Denton compared to recommendations According to standards, the C~ty appears to be currently keeping up w;th demands for baseball fields, football fields, recreabonlcenters and soccer fields The C~ty is noticeably short ~n meeting facility standards for pracbce fields, swimming pools, and volleyball areas As the population increases over the next 5- 10 years, facility needs across the board w~ll increase The recommendations also address the need for recreabon facd~bes such as pawhons/picmc shelters, picnic tables and playgrounds The C~ty of Denton falls short ~n these three categories for prowd~ng ~assive amenities to ~ts residents July 2000 2000 Denton 3arks and Recreation Master Plan and Pedestnan & Bicycle Linkages Plan FACILITY DEVELOPMENT STANDARDS APPLIED TO CITY OF DENTON Activity / Facility Recommended ' E~lstlng Recommended Recommended Recommended Fac~htles Per Facilities Facilities for Facilities for Facilities for Populabon ii3 1999 Projected Projected Denton Populabon of Populabon of Population of 77,300 E 93 440 E ~n 119,250 E m 2005 2010 Baseball F~elds (league) I per 5,000 c 14 15 19 24 Basketball Courts (outdoor) 1 per 5,000 s 9 15 19 24 Football Fields 1 per 20,000 c 3 4 5 6 Pavilion/Picnic Shelter 1 per 2,000 ^ 18 39 47 60 P~cmc Tables 1 table per 300 c 173 258 311 398 Playgrounds I area per 1,000 c 19 77 93 119 Recreabon Center 1 per 20.000 - 30,000 c 3 3 4 3-5 4-6 Soccer Fields (league) 1 per 10,000 c ' 13 8 9 12 Soccer/Softball 1 5 per each ~, , Practice F~elds league facility D 11,~ 35 42 54 Softball Fields , , (league) 1 per 5,000 c ~.! 1 15 19 24 Swimming Pool (outdoor) I per 20,000 c ~ 1 4 5 6 Tennis Courts 1 court per 3, 000 c 18 26 31 40 Trails I mlleperS,000c ~' 1392 1546 1869 2385 Volleyball Areas (outdoor) 1 per 5,000 s ,~ 2 15 19 24 A Guidelines from Kansas City Metropolitan Region Public Parks Standards in Recreation Park and Ooen Soace Sta , p 67, 4th prinbng 1990, a pubhcation of the National Recreation and Park Association B Guidelines from appendix A in Recreation. Park and Ooen Soace Standards and GBIdellnes. p 60-61, 4th pnnting 1990, a publication of the National Recreation and Park Association C Guideline from Denton Parks & Recreation Department (Feb 1999) D Consultant recommendation based on years of park planning/design experience Prance facilities should average approximately 1 5 times the amount of league facilities E Population numbers provided by City of Denton Planning and Development Department 111 July 2000 2000 Denton Parks and Recreation Master P~an and Pedestrian & B~cycle Linkages Plan VI. NEEDS ASSESSMENT Introduction An ~mportant aspect of the Master Plan process ~s a demand and needs assessment which ~nvolves public ~nput The purpose of the needs assessment study ~s to prowde a foundation for the recommendations made ~n the Parks, Recreabon and Open Space Master Plan The results of the needs assessment study will pmwde guidance for the Master Plan, which wdl be based on citizen needs and pnontles MARC Research F~rm has completed an extensive phone survey measunng the success of Denton Parks and Recreation programs, parks and facd~t~es The firm conducted the survey on a grat~s basis Over 400 completed responses were compded and presented to the Department ~n May 1999 The survey results wdl guide the production of a new Parks, Recreation and Open Space Master Plan, the development of the upcoming park bond program, future operating budgets, program development, and recommendations from the Revenue Enhancement Study Following are the results of the survey MARC Cluestionnaire Results Are you aware that the City of Denton offers the following services? Number Pementage Outdoor Athletics 246 61 5 Semor Programs 230 57 5 Health and F;tness 220 55 Special Events 216 54 Children's Programs ages 6-12 211 52 8 Indoor Athletics 198 49 5 Teen Programs 186 46 5 After School Action S~te 177 44 3 Aquabcs 172 43 M~ddle School Programs 154 38 5 Pre-school Programs ages 3-5 153 38 3 Outdoor/Camping Programs 122 30 5 Arts & Jazz Festival 107 26 8 Therapeutic Program 100 25 Holiday Events 29 7 3 Story Telling Festival 9 2 3 Center Specific Programs 6 1 5 Spnng Fl~ng 6 1 5 Dance Programs 5 1 3 112 July 2000 2000 Denton Parka and Recreation Maater Plan and Pedestrian & Bicycle Linkages Plan Red Bud Days 4 1 Fry Street Fair 4 1 Other 2 0 5 None 49 12 3 Don't Know 8 2 How did you become aware of these services? Word of Mouth 150 42 7 Newspaper Columns 108 30 8 Brochure 48 13 7 Flyers In The Mall 43 12 3 S~gns and Posters Displayed at Rec Centers 34 9 7 D~stnbuted Flyers Through DISD 24 6 8 Cable TV 19 5 4 B~llboards and Street S~gns 11 3 1 Saw Events Taking Place 9 2 6 Newsletters 8 2 3 Other 6 1 7 General Flyers 5 1 4 Don't Know 5 1 4 Classified Ads 4 1 1 An Intemet S~te 0 0 How would you prefer to receive Information? Brochure 38 9 5 Cable TV 53 13 3 Classified Ads 2 0 5 D~stnbuted Flyem Through DISD 19 4 8 Flyers in The Mall 127 31 8 An Internet Site 38 93 5 Newspaper Columns 66 16 5 Newsletters 24 6 S~gns and Posters D~splayed at Rec Centers 15 3 8 Word of Mouth 5 1 3 Other 4 1 Don't Know 9 2 3 What programs have you or your household participated in, In the past year? None 208 52 Special Events 89 22 3 Outdoor Athletics 56 14 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan Arts & Jazz Festival 46 11 5 Health and F~tness 42 10 5 Sen~or Programs 34 8 5 Children's Programs ages 6-12 30 7 5 Aquatics 27 6 8 Indoor Athletics 25 6 3 After School Action S~te 20 5 Teen Programs 16 4 Pro-School Programs ages 3-5 15 3 8 Hohday Events 13 3 3 Outdoor/Camping Programs 9 2 3 M~ddle School Programs 6 1 5 Concerts on The Square 6 1 5 Fry Street Fair 5 1 3 Other 4 1 Therapeubc Recreation 4 1 Spnng Fhng 3 0 8 Story Telhng Fesbval 3 0 8 Center Specific Programs 3 0 8 Don't Know 1 0 3 Why have you or your household not participated in the last year? Inconvenient T~me 59 28 4 D~dn't Know About Programs 36 17 3 Too Busy 31 14 9 Don't Offer What I Want 26 12 5 Other 25 12 Haven't Lived Hero Long 17 8 2 No Children In House 9 4 3 Inconvenient Location 4 1 9 Don't Know 4 1 9 Instructor/Staff Did Not Meet Expectations 3 1 4 Cost Too High 3 1 4 Perceived, Value 1 0 5 Prowous Negative Expenence Program D~d Not Meet Expectations Quahty of Service If these Issues were resolved, would you consider participating with us again? YES 173 83 2 NO 28 13 5 114 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan On a scale from 1 to 10 (1=not Important to lO=extremely ~mportant) how important are programs offered by PARD? 1- Not Important at All 19 4 8 2 21 55 3 31 78 4 24 60 5 55 13 8 6 48 12 7 42 105 8 70 17 5 9 15 38 10 - Extremely Important 66 16 5 Don't Know 9 2 3 What programs would you like to see Denton PARD offer? Add;bonal Adult Education Classes 16 4 Additional Aquabcs 11 2 8 Additional Festivals 9 2 3 Add;bonal Outdoor Sports 9 2 3 Additional Counseling/Outreach Programs 9 2 3 Additional Children's Programs 9 2 2 Additional Athletms 8 2 Addlbonal Aerobics/Gymnasbcs 6 1 5 Other 71 17 8 None 314 78 5 Are you aware of the following Denton Parks? C~wc Center 346 86 5 North Lakes 316 79 Evers 274 68 5 South Lakes 267 66 8 Mack 262 65 5 McKenna 251 62 8 Dema 226 56 5 MLK, Jr 204 51 Fred Moore 193 48 3 Nette Shultz 123 30 8 Avondale 115 28 8 Bowling Green 95 23 8 Phoenix 87 21 8 Bnerchff 72 18 Joe Sk~les 71 17 8 · ' ~ 115 July2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Owlsey 61 15 3 Mdam 46 11 5 None 15 3 8 In the past year, which park have you visited often? North Lakes 99 25 7 South Lakes 65 16 9 C~wc Center 50 13 None 47 12 2 Den~a 21 5 5 Avondale 18 4 7 Evers 18 4 7 McKenna 18 4 7 Mack 14 3 6 Fred Moore 6 1 6 MLK, Jr 6 1 6 Don't Know 6 1 6 Nette Shultz 5 I 3 Joe Skdes 4 1 Bowhng Green 3 0 8 Bnerchff 3 0 8 M~lam 2 0 5 Owsley Phoenix How often do you/household visit the park? Dady 15 4 4 Weekly 99 29 3 Monthly 82 24 3 4-11 T~mes a Year 70 20 7 2-3 T~mes a Year 53 15 7 Once a Year 12 3 6 Less Than Once a Year 5 1 5 Don't Know 2 0 6 When you visit a park, how long do you stay? Less Than an Hour 54 16 1-3 Hours 246 72 8 3 or More Hours 34 10 1 116 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrran & B~cycle Linkages Plan How well,malnta;ned would you say the Denton parks are? Extremely Well Maintained 28 8 3 Very Well Ma~nta;ned 154 45 6 Well Maintained 139 41 1 Not Very Well Maintained 13 3 8 Poorly Mainta~ned 1 0 3 Don't Know 4 1 2 If you were to take a visitor from out of town to the best park in Denton, where would you take them? South Lakes 114 29 6 North Lakes 108 28 1 C~wc Center 62 16 1 McKenna 25 6 5 Evers 13 3 4 None 13 3 4 Don't Know 12 3 1 Avondale 9 2 3 Mack 7 1 8 Den~a 5 1 3 Nette Shultz 4 1 Joe Sk~les 3 0 8 Bowhng Green 2 0 5 Fred Moore 2 0 5 MLK, Jr 2 0 5 Br~erchff 1 0 3 M~lam 1 0 3 Owsley 1 0 3 Other 1 0 3 Phoenix Which of the following facilities would you like to see more of? Nature Tra~ls 334 83 5 H~ke/B~ke Trails 333 83 3 Teen Recreation Center 302 75 5 Recreabon Center 293 73 3 F~tness Center 288 72 Indoor Swimming Pool 276 69 Outdoor Family Water Park 273 68 3 Sen~or Center 269 67 3 Skate Park/In-Line Hockey 242 60 5 Outdoor Basketball Court 233 58 3 117 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Soccer F~elds 219 54 8 Horsebaok R~d~ng Tra~ls 214 53 5 Softball F~elds 202 50 5 Indoor Basketball Courts 200 50 Baseball Fields 198 49 5 Outdoor Tenms Courts 184 46 Racquetball Courts 181 45 3 Golf Course 136 34 Indoor Tennis Courts 135 33 8 Other 38 9 5 None 4 1 Which of these Is most Important to you? Nature Trails 54 13 6 Outdoor Famdy Water Park 48 12 1 H~ke/B~ke Trads 44 11 1 Teen Recreation Center 42 10 6 Indoor Swimming Pool 39 9 8 Senior Center 28 7 1 F~tness Center 22 5 6 Other 19 4 8 Recreation Center 16 4 Skate Park/In-Line Hockey 14 3 5 Horsebaok R~dlng Trads 13 3 3 Golf Course 10 2 5 Baseball F~elds 9 2 3 Outdoor Tenms Courts 7 1 8 Soccer F~elds 7 1 8 Indoor Basketball Courts 6 1 5 Softball Fields 6 1 5 Indoor Tennis Courts 5 1 3 Racquetball Courts 4 1 Outdoor Basketball Courts 2 0 5 None 1 0 3 If a bond election were held next year to fund your favorlts improvements, would you vote for It? YES 361 91 2 NO 24 6 1 Don't Know 11 2 8 ~ 118 July 2000 2000 Denton Parks and Recreation Maeter Plan and Pedestnan & Bicycle L~nkages Plan Would you vote for it if It Increased your property tax? YES 275 73 1 NO 87 23 1 Don't Know 14 3 7 Would you vote for It ,f It ,ncreased your sales tax? YES 215 57 2 NO 149 39 6 Don't Know 12 3 2 The City Is consider, ng the development of a family water park, would you say you Strongly Support It 55 13 8 Support It 173 43 3 Neither Support Nor Oppose It 83 20 8 Oppose It 52 13 Strongly Oppose It 21 5 3 Don't Know 16 4 How would you say PARD is doing toward meeting its mission? Excellent 28 7 Very Good 137 34 3 Good 192 48 Fair 30 7 5 Poor 7 1 8 Don't Know 6 1 5 How long have you been a resident of Denton? (Years) Zero 48 12 One 17 4 3 Two 36 9 Three 36 9 Four 23 5 8 F~ve 19 4 8 S~x-Ten 61 15 3 Eleven-Fifteen 41 10 3 Sixteen-Twenty 32 8 Twenty-one -Thirty 29 7 3 ~ 119 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Thirty-one + 55 13 8 Don't Know 1 0 3 No Answer 2 0 5 What ,s the name of the school nearest you? Umvers~ty of North Texas 49 12 3 Woodrow Wilson 27 6 8 Sam Houston 24 6 Evers 24 6 Ryan H~gh School 23 5 8 Texas Woman's University 22 5 8 Ginn~ngs 22 5 5 Lee 15 3 8 Denton High School 15 3 8 Stnckland Middle School 14 3 5 McMath M~ddle School 13 3 3 Newton Rayzor 13 3 3 Calhoun M~ddle School 12 3 Borman 12 3 Hodge 9 2 3 Tomas R~vera 6 1 5 Fred Moore Learning Center 4 1 McNalr 2 0 5 Selwyn 1 0 3 Sullivan-Keller 1 0 3 L~berty Christian 1 0 3 Other 1 0 3 Don't Know 90 40 Gender Male 160 40 Female 238 59 5 No Answer 2 0 5 Into whioh of the following categories does your age fall? 18-23 67 16 8 24-30 78 19 5 31-40 70 17 5 41-50 26 19 51-64 61 15 3 65-74 30 7 5 Over 75 12 3 No Answer 2 0 5 Don't Know 1 0 3 July 2000 D~nton ~rl~ and ~¢m~tion Ma~t~r ~lan and ~d~$trlan & a~¢¥¢1~ I.~nlmoo~ Plan In September of 1999, the Parks/Recreatlon/Beaubficat~on/Arts Committee voted on their top developmentpnor~t~es L~sted below are the projects w~th descr~pbons and budget est~mates Th~s ~nformabon w~ll be used to help develop a bond package to be voted on ~n the early part of 2000 COST ESTIMATES Parks/Recreation/Beautification/Arts Committee September 22, 1999 (results of first-round vote) Project Description Estimated Priority Cum 3'l'L Costs Upgrade Bring all park parking lots and $2,000,000 #1 $2,000,000 Ex~st~ng Parks drives into comphance w~th C~ty code requirements for pavement and landscape screening, reconstruct and/or resurface ex~stmg lots, add curb where pracbcal, replace ex~stmg park s~gnage in accordance with new standards Land Acquire land for community $1,800,000 #2 $3,800,000 Acquisition i parks ~n rap~d growth areas ~n far south and far east Denton (approx 60 acres at $25,000 per acre plus 20%) Tra~ls and Construct up to 5 m~les of $640,000 #3 $4,440,000 Linkages hike/bike tra~ls ~n parks and greenbelts Standard tra~l would be concrete, 10 feet wide, but surfacing is flexible Also ~ncludes ~ntenor 8-foot walks in various parks 121 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Beautification Provide $50,000 per year for $160,000 #4 $4,600,000 m~scellaneous beautification projects to be determined annually by the C~ty and confirmed by the Oversight Committee Types of projects could ~nclude large-scale ~rngat~on & landscaping on pubhc property, entranceways, pubhc art, fountains, curb reconstruction/patterned concrete on medians, etc Funds could be used to leverage matching funds from other ent~t~es Amencan Construct new budding of 1600 $175,000 #5 $4,775,000 Legion Hall square feet adjacent to existing Annex American Legion Hall In Fred Moore Park Community Construct 2 hghted baseball or $550,000 #6 $5,325,000 Park soccer fields, pmnic, Development playground, walks, drives, (Far South) parking, utihtms and landscaping to serve rapidly growing area ~n south Denton Aquatm Center Combine recreation/water play $4,000,000 #7 $9,325,000 elements w~th competition pool to serve both DISD and leisure needs DISD has allocated $3 5 mdlion for th~s project C~wc Center Renovate/restore th~s 1967 $850,000 #8 $10,175,000 Renovation budding designed by O'Ned Ford 122 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan 8, Bicycle L~nkages Plan Community Construct 4 I~ghted soccer $1,500,000 #9 $11,299,605 Park and/or softball fields, Development restroom/concesslon bu~ld~ng, (Northeast) p~cn~c, playground, walks, dnves, parking, utilities and landscaping Acquisition funded through previous bond pmgram C~wc Center Construct ~n~t~al phase $2,300,000 #10 $13,599,605 Park (dam/lake area) of C~wc Center Improvements Park Master Plan Phase One C~wc Center Construction second phase $1,000,000 I #11 $14,599,605 Park (Oakland St parking, new west Improvements entry) of C~wc Center Park Phase Two Master Plan Denton PARD has also created a needs list, based on projected growth to the year 2020 NEEDS ASSESSMENT (Based on Prolected Growth) - by 2020 MULTIPURPOSE CENTERS (recreation, fitness, sen~or, community programs) - approximately 20,000 to 30,000 square feet per faclhty, typically located ~n a commumty park of 30 to 50 acres Serves 20,000-30,000 persons w~thin a radius of up to 3 m~les Area 3a - NE Community Park location Serves all or part of areas 3a/b, 4a/b, 5 Have land, need funds for facility. PROJECTED TARGET DATE 2004. Area 7a115, also serving part of Area 6. Need land and development funds PROJECTED TARGET DATE: 2009 Area 14, Need land and development funds PROJECTED TARGET DATE 2014. AQUATICS CENTERS (large C~ty-wide fac~hty which serves 50,000+ seasonal attendance Area 3a - NE Community Park location PROJECTED TARGET DATE 2002 SATELLITE SERVICE CENTER (serves as operating base for full park crew of 8 to 10 employees, maintaining parks w~th~n a 3-5 mile ddvlng distance of the center) Area 7a115 Need land and development funds PROJECTED TARGET DATE' 2007 123 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle Linkages Plan COMMUNITY PARKS (30-50 acres + May be developed w~th athletic complexes, aquabcs fac~ht~es, multipurpose centers, and other elements which serve 20,000 to 30,000 or more persons w~th~n a radius of 2 to 3 m~les) Area 7a Land and development BY2004 Area 15 Land and development BY2004 Area 14 Land and development BY 2009 PUBLIC GOLF COURSE Location to be determined by market study, land availability and access Need 200 acres +I- OTHER BUILDINGS Expand Senior Center by 1 Relocate to larger City-owned building In central city, or, 2 Acquire/develop new facility in area to be determined PROJECTED TARGET DATE 2003 Add offices for centralized department admlnistrattve staff by 1 Relocated to vacated Senior Center, or, 2 Renovate the Civic Center Building PROJECTED TARGET DATE 2003 124 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan VII. Recommendations/Priorities for Master Plan The recommendabons and priorities In th~s secbon are a result of incorporating the ~nventory, standards analys~s and needs assessment ~nto an acbon plan to d~rect the growth, development, and maintenance of the parks, recreation, and open space system ~n Denton for the next five to ten years The recommendabons are based upon an ex~stmg population of 77,300 and a projected population of 119,250 Priority Summary At the completion of the c~t~zen survey dunng the needs assessment phase, a method of ranking pr~ont~es was implemented This method ~ncluded an extensive review of all standards, cibzen input, and consultant recommendations The following factors were considered m order of ~mportance w~th weighted values assigned to each 1 C~t;zen Input/Survey Results - The specific needs and requests by the Denton community 2 C~ty Staff Input- The specific needs as ~dent~fied by City staff based upon recreation programs and demands upon resources 3 Park Board Input - Specific needs as ~dent~fied by appointed board members 4 Consultant Evaluation - Professional recommendabons based upon years of park planning/design experience as well as assessing the umque needs of Denton and its community, demographics, etc The results of the pnonty ranking were tabulated ~nto three categones H~gh Priority, Moderate Priority, and Low Pnonty The tables on the following pages prowde a summary of the pnont~es for the C~ty of Denton 125 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan SUMMARY OF PRIORITY ITEMS Denton Comprehensive Parks, Recreabon and Open Space Master Plan Facility I "'~ High Moderate Low, 1 Outdoor Family Water Park 2 H~ke/B~ke Tra~l 3 Nature Tra~ls 4 Teen Recreation Center 5 Indoor Swimming Pool 6 Senior Center 7 Skate Park/In-hne Hockey · i' 8 Recreation Center 19 Baseball Fields ,10 Soccer F~elds 11 Fitness Center 12 Golf Course o 13 Softball Fmlds 14 Indoor Basketball Courts 15 Outdoor Basketball Courts 16 E,questnan Trails 17 Outdoor Tenms Courts 18 Indoor Tennm Courts · 19 RacQuetball Courts I r 126 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Recommendations for Land Acquisition One of the stated goals of the Denton Parks and Recreabon Department ~s to ensure the equitable d~stnbut~on of parks, open space and recreabon fac~ht~es Only through new acqu~s~bon and development w~ll the C~ty be able to keep pace w~th the growing populabon of Denton Dunng the needs assessment phase, the Parks/Recreat~on/Beaubficat~on/Arts Committee included land acquisition and a budget estimate m their development pnont~es Acquisition was targeted for rap~d growth areas ~n far south and far east Denton The C~ty of Denton owns 1004 55 acres of land, as of January 2000 As compared to Denton's adopted standards and gu~dehnes, and w~th a current population of 77,300, the c~ty has a shortfall ~n the commumty park category, w~th a surplus ~n the Neighborhood and Cltyw~de Parks category Based on the Park Classification System (page 102), the C~ty specifically needs to acquire the following acreages to meet the current population needs of Denton YEAR 2000 Community Park 156 90 Acres 156 90 Total Land Acquisition (To meet 1999 population of 77,300, see page 107) As the C~ty continues to grow towards ~ts proJected 2010 populabon of 119,250, the shortfall m park land w~ll ~ncrease Specifically, the C~ty w~ll need to acquire the following acreages m three (3) of the park categories to meet the projected population needs of Denton YEAR 2010 Neighborhood Park 84 77 Acres Community Park 282 75 Acres C~tyw~de Park 282 75 Acres 650 27 Total Land Acqu~slbon (To meet 2010 populabon of 119,250, see page 107) The City of Denton has a Parkland Dedication Ordinance (see appendix B) that requires developerS to provide neighborhood park land and fund ~ts m~t~al development A formula is used to calculate acreage or dollar equivalents that developers must donate to the C~ty when their developments are platted Because the C~ty w~ll continue to receive park land acres as new residential areas are developed, the need for neighborhood park land s~tes ~s not as prevalent However, the F~ve-Year Acbon Plan does show where new neighborhood parks w~ll be added over the hfe of the Plan These target areas represent neighborhoods ~n which park land declination has not occurred, but where ~t must be acquired The park dedication fees collected from new development m these target areas w~ll fund th~s acquisition The focus of land acqu~s~bon should shdt to larger tracts that could accommodate community parks, greenway corndors and natural open spaces 127 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Land acqulslbon along the major creek corndors w~ll be ~mportant to prowde for recreational greenways Greenway corndors help maintain npanan habitats, reduce the dangers of flooding, and protect the natural environment Open spaces and natural areas can also become connections from residential neighborhoods to schools, parks, shopping centers, and other desbnabons (see Pedestrian and B~cycle Linkages Plan, page 148) The C~ty of Denton should beg~n to acquire available park land tracts that are 30 acres or larger ~n s~ze These larger tracts would meet the primary need of community parks, greenway corridors and natural open spaces The C~ty should concentrate ~ts efforts to provide more park land and recreation opportumtles to current and future residents ~n the rapidly growing areas of far south and east Denton The Pedestrian and Bicycle L~nkages Plan should be used as a guideline when cons~denng new acquisition and connections to parks, schools, neighborhoods and shopping centers Recommendations For Facility Improvements The following text descnbes vanous recreabon faclllbes that are proposed for funding and development over the life of the 5 Year Action Plan These facility recommendations were denved from a random sample survey of 400 Denton residents in May 1999, from the work of the 2000 Blue Ribbon ClP Committee, the Parks and Recreabon Board, staff and other c~t~zens The fac~l~bes on th~s list are major capital investments and w~ll typically serve large numbers of citizens The list of recommended facilities is not exhaustwe Noticeably absent from th~s hst are playground, p~cn~c areas and other ~mprovements that are small ~nvestments, relative to those on the recommendation list In particular, this Parks and Recreabon Plan documents large deficits in Denton's supply of public playgrounds and p~cn~c areas (see comparison of ex~sting facilities against adopted facility standards on Page 111) Such improvements are essential elements of Denton's park system However, they were excluded from the recommended faclhties list for two reasons 1 ) they were not c~ted as pnonty ~mprovementa by citizens through the survey and public ~nput process, and 2) funding for and the location of these improvements is achieved through the C~ty's park land dedication ordinance The exclusion of such Improvements from th~s Plan's recommendations s~mply reflects that these needs are being met through other adopted strategies The following compnse the recommended major capital ~mprovements A H~,qh pnonty Items 1 Develop an Outdoor Family Aquatic Center on newly acquired Northeast Park property in conjunction with the Denton Independent School D~stnct plans for a new natatorium 2 Prowde for new Hike/Bike Trails at existing and new park development, and along major drainage corridors Include accessible connections to park elements such as playgrounds and pawhons If parks are large enough, construct loop tra~ls through the park for multi-purpose ~ 128 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle bnkages Plan users Reference the City wide mobility plan which establishes a h~eramhy of trails along ex~st~ng street corndors to accommodate multiple user groups and I~nk s~gmficant desbnat~ons (See Exhibit. page 145 ) 3 Develop Nature Trails throughout the c~ty. placing high pnor~ty on the preservation and conservation of ex~stmg drainage corridors along H~ckory Creek. Pecan Creek and Cooper Creek Provide opportumt~es for interpret~ve trails with s~gnage Continue to develop and expand the tra~l opportunities at North Lakes Park and South Lakes Park 4 Depending on programming needs, prowde a new Teen Recreation Center centrally located ~n the community The Teen Center could pmwde areas for concessions, games, fitness, pool/p~ng pong. a computer room, and a video room It may be possible to combine th~s facility w~th Recreation Center recommendations and/or school development 5 Continue to explore the potenbal for an Indoor Swimming Pool through a joint-use natatorium w~th Denton lSD Explore the possibility of the new outdoor Family Aquabc Center prowd~ng a seasonal or permanently enclosed pool area 6 Prowde a new and larger, full service Senior Center Complex centrally located In the commumty or build a second Semor Center Complex ~n the south part of the community to expand the recreational potential of the current Sen~or Center Complex C Moderate Pnontv items 7 Prowde one or more Skate Parldln-Llne Hockey fac~ht~es, including a central location for league play and other d~spersed practice areas ~n the community 8 Develop Recreation Center facilities ~n growth areas ~n the north/northeast, far east and far south Denton May be able to combine facilities w~th Teen Recreation Center, prewously recommended Pursue joint facility development and use w~th schools and unlverslt~es to utilize additional facilities such as gyms and meeting rooms 9 Continue to renovate and maximize the configuration of Baseball Field layout at Evers Park Provide new facilities at future Northeast Community Park, and m the far south and far east sectors of the community Pursue ava~lab~hty of practice fields across the community to offset demands upon competition fields 10 Prowde additional Soccer Fields at future commumty parks ~n the northeast, far east and far south portions of the community Pursue joint-use agreements w~th Denton lSD and/or other agencies to utilize existing practice areas Acqmre frontage land along Bonnie Brae Road adjacent to North Lakes Park thus expanding soccer complex capabilities 11 Expand Fltnesafacilities to new locat~ons. ~nclud~ng jo~nt development of new schools and future recreation centers ~n the northeast, far south and far east portions of the commumty 12 If opportunity develops, pursue a new Golf Course m conjuncbon w~th a new m~xed use development ~ 129 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan 13 Redevelop/renovate ex~stmg Softball Fields at North Lakes Park and Den~a Park for maximum field layout and league act~wt~es Pursue availability of other pracbce fields across the community to offset demand upon compet~bon fields Prowde new softball fac~ht~es at future community parks ~n the growing areas of northeast, far east and far south Denton C Low Pnonty Items 14 Prowde for Indoor Basketball Courts ~n con.tuncbon w~th new recreation center facilities ~n growth areas of north/northeast, far east and far south Denton Pursue joint-use facility development w~th schools and un~verslbes to ubhze add~bonal gymnasium fac~l~bes 15 Prowde Outdoor Basketball Courts at future commumty parks ~n the northeast, far east and far south portions of the commumty Pursue joint-use agreements w~th DISD 16 Work with Denton County and U S Army Corp of Engineers to prev~de and market Equestrian Trail opportumties across the extended Denton County area Long range planning for greenbelts along H~cko~/Creek and/or Cooper Creek may prowde opportumt~es for equestnan tra~l components 17 Provide additional Outdoor Tennis Courts at future community parks ~n the northeast, far east and far south portions ofthe commumty Pursue joint-use agreements w~th Denton lSD and/or other agencies to utilize ex~st~ng practice areas 18 Future recreation centers may prowde Indoor Tenn,s Court opportunities, ~n conjunction w~th design and programming of large gymnasiums 19 Future recreation centers may prowde Racquetball Court opportunities, ~n conJunction w~th design and programming of large gymnasiums 1 30 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Expenditure Analys s The following tables show prehm~nary dollar figures associated w~th each pr~onty ~tem, and potential locations for each improvement Rank Faclhty ImprovementJ Location Proposed Budget Recommendatmn HIGH PRIORITY ITEMS 1 Outdoor Family Water Park · Future Northeast Park $3 - 5 Mdhon w/DISD 2 Hike B~ke Trads · Den~a Park Vanes - dependent on · Mack Park paving type, w~dth, length · Future Northeast Park · New Commumty Park(s) 10' average concrete · C~tyw~de Pedestnan & trad ~s $40 - $50 per Bmycle L~nkages Plan hnear foot 3 Nature Trads · H~ckory Creek Corndor $15 - $20 per hnear · Cooper Creek Corndor foot · Pecan Creek Corndor (Assumes tra~l cleanng, hm~ted sod · North Lakes Park stab~hzat~on, s~gnage · South Lakes Park and erosion control) · New Commumty Park(s) · C~tyw~de Pedestnan & B~cycle L~nkages Plan · Fletcher Creek Corridor Vanes depending on 4 Teen Recreation Center · DISD Joint-use Facd~t~es range of capital · Future Recreation Centers investment · Other Partnerships 5 Indoor Swimming Pool · Future Northeast Park $3 - 4 Milhon w/DISD 131 July 2000 2000 Denton Parks and Recreatron Master Plan and Pedestrian & Bicycle L~nkages Plan ~ ', iEX:PI~NDt'T~RE 'ANALYSTS Rank Fac~hty Improvement/ Location Proposed Budget Recommendation 6 Sen~or Center Complex · New complex located ~n $2 M~lhon - $4 M~lhon central or southern porbon of commumty MODERATE PRIORITY ITEMS 7 Skate Park/In-hne Hockey · Future Nodheast Park $100,000 - $150,000 · New Commumty Park(s) (does not include land acqulsltmn) 8 Recreation Center · Future Northeast Park $5 M~ll~on - $10 · New Commumty Park(s) 9 Baseball Fmlds · Future Northeast Park $75,000 - $125,000 · New Commumty Park(s) per unlighted field $75,000 per field for future hght~ng (does not include mass grading, storm dra~n or associated s~te work) 10 Soccer F~elds · Future Northeast Park $75,000 - $125,000 · New Community Park(s) per unhghted field $75,000 per field for future hght~ng (does not ~nclude mass grading, storm dram or associated s~te work) 11 Fitness Center · Joint-use w/DISD Vanes depending on range of capital · New Commumty Park(s) investment · Other Partnerships 12 Golf Course N/A 132 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle Lmksges Plan ' , r~I~PENDITURE ANALYSIS Rank Fac~hty Improvement/ Location Proposed Budget Recommendatmn 13 Softball Fields · North Lakes Park $75,000 - $125,000 . Den~a Park per unlighted field · Future Northeast Park $75,000 per field for · New Community Park(s) future hght~ng (does not ~nclude mass grading, storm dm~n or associated s~te work) LOW PRIORITY ITEMS 14 Indoor Basketball Courts · Joint-use w~th DISD N/A · New Recreabon Center(s) 15 Outdoor Basketball Courts · Joint-use w/DISD ~ Court - $25,000 · New Community Park(s) $40,000 - $50,000 per unhghted court $60,000 - $70,000 per lighted court 16 Equestrian Tra~ls · Joint-use w/County and Vanes - dependent on C O E level of development · H~ckory Creek Corndor · Cooper Creek Corndor 17 Outdoor Tennis Courts · Northeast Park $40,000 - $50,000 per · New Commumty Park(s) unlighted court $50,000 - $70,000 per lighted court 18 Indoor Tennts Courts · Future Recreation N/A Center(s) 19 Racquetball Courts · Future Recreation N/A Center(s) July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan VIII. Implementation Th~s port~on of the Master Plan ~dent~fles ways and methods of ~mplemenbng the Parks Action Plan recommendations There are three avenues of ~mplementabon that are ~mportant to th~s Master Plan Policies and Ordinances, Funding Sources, and a F~ve Year Action Plan As the ~mplementabon of the Master Plan proceeds, yearly updates and adjustments should be made by the C~ty to confirm the overall priorities and development act~wty of the Denton parks systems Policies and Ordinances Policies Policies are tools which a~d the c~t~zens, staff, and pubhc officials to communicate and coordinate on all mattere which affect the Denton parks system The elected officials and boards, the C~ty staff, the associated school d~stncts, adjacent mumc~pal~t~es, and the c~bzens of Denton must all communicate and work toward common goals Th~s w~ll ensure the successful development of the park system for many generations to come 1 Elected Boards and Commissions Continue efforts for the review and comment procedure to coordinate commumcat~ons between the Park Board, C~ty Staff, the Planning and Zomng Commission, and the C~ty Council 2 City Staff Vanous C~ty of Denton departments should communicate ~n the same manner prewously described Input from all of the departments will provide the best possible solution and create a team approach to getbng the best parks, recreabon, and open space system for Denton Teams from operating departments should be formed to penod~cally rewew and recommend methods by which the ~mplementat~on and conbnued support of the Master Plan ~s achieved 3 Adjacent Mumclpal~t~es The Denton Parks Department should continue commumcatlons with the adjacent municipalities Trail connections along drainage ways, open space connections, and joint use agreements can benefit all clbzens ~n the region 4 School Districts and Universities The ex,sting joint use agreement between the C~ty of Denton and the Denton Independent School D~stnct ~s an excellent start to jointly ubhze facilities The City and School District serve many of the same c~t~zens and perform some of the same tasks A joint program of cooperation between the C~ty July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle L~nkages Plan and the School D~stnct saves tax payers money and maximizes local resources The C~ty and Denton I S D should formalize and expand the agreement to include use of school district athlebc fields and pracbce fields The agreement should detad maintenance, construction and habdlty ~ssues for the proposed construction of amemt~es at school s~tes by the C~ty and further use of ex~sbng ~ndoor and outdoor school d~stnct owned facd~t~es 5 C~bzens The c~bzens of Denton have already been and should continue to be ~nvolved in this Master Plan A key source of citizen ~nvolvement ~s through the various sports assoc~abon These types of associations can support the ~mplementabon of th~s plan by volunteenng for maintenance and recreabons programs ~n their local parks They can also prowde umfied support for fund raising activities, bond ~ssues, and park issues that come before the C~ty Councd Ordinances Ordinances provide the legal framework for ~mplementat~on of the Master Plan The following ord~nancas wdl assist the C~ty of Denton m meeting the goals and objecbves for the Parks, Recreation, and Open Space Master Plan I C~ty/School/Others Cooperebve Program A joint use agreement and programs for the cooperative shanng of facd~bes and maintenance saves the taxpayers of Denton money for years to come and allow for more and better quality faciht~es Although specific City/School use agreements currently exist, a comprehensive program would prowde guidance for determining the need for development of land, facdltles, mmntenance and programs 2 Landscape Ordinance The C~ty of Denton has a Landscape Code It ~s ~ntended to promote preservation, protection and enhancement of the ecological and aesthebc attributes of the City, ecological stabdlzat~on through urban forest management, protecbon, preservation and enhancement of the urban forest's appearance and protecbon and preservabon of nabve and specimen vegetative species 135 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle Linkages Plan 3 Park Dedication Ordinance The C~ty of Denton has a Park Dedication Ordinance which prowdes for neighborhood park land dedication or payment of cash ~n heu of as a condition to subdivision plat approval Neighborhood parks prowde a vanety of outdoor recreational opportumt~es, and the pnmary cost should be borne by the ulbmate residential property owners who shall be the primary beneficiaries of such facilities Fundln,q Sources There are several sources for funding the Parks, Recreabon, and Open Space Master Plan The following sources of funding are available and may be utlhzed by the C~ty depending on specific projects undertaken 1 General Fund Th~s ~s the pnmary source of funds for prowdlng capital programs and ~mprovements The vanous park grant programs that award matching funds to non-profit organizations and mun~c~paht~es to ~mprove park fac~ht~es should be continued as a way to garner pubhc support while stretching the general fund dollars 2 Bonds Bonds are an alternative funding source to the general fund There are two types of bonds which are used and have to be approved by referendum General Obh;lation Bonds finance projects which do not produce enough revenue to cover the cost of bond retirement such as streets, fire station, and some park projects Revenue Bonds finance projects that produce enough revenue to retire their debt such as golf course and park projects Bond programs are affected by the bond ~ndebtedness of the City, the bond rating of the City, the bond market cond~bons, and the types of other improvements which are competing w~th proposed park projects Enterpnse and Revenue Funds These ara accounts separate from the general fund that can be used for specific program or activity such as recreation programs or fac~hty expansion Maintenance Fees and Non-Resident Fees Fees ars charged for the use of C~ty park and recreation facilities These fees prowde a means to collect from local and non-resident park users and 136 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & B~cycle Linkages Plan help offset some of the costs associated w~th the park system such as maintenance and operabon expenses The C~ty should continue to maintain and update ~ts ordinance as new fac~hbes are prowded to the community 5 Grants-In-Aid These grant programs provide funding from sources other than municipal sources The following list ~dent~fies potential grant programs a Texas Recreation and Parks Account (TRPA) Program - Texas Local Parks, Recreabon, and Open Space Fund, administered by the Texas Parks and WiIdhfe Department (TPWD) Funds are available on a fifty percent (50%) cost share basra b The Landscaping Cost Shanng Program, administered by the State Department of Highways and Pubhc Transportation F~fty percent (50%) cost shanng support is available for both h~ghway and pedestrian landscape proJects on routes w~th~n the designated permanent state h~ghway system c Partnership Enhancement Monetary Grant Program, adm~mstered by the National Tree Trust Matching grants are available on a 50/50 cost share bas~s Funds are available for projects which promote pubhc awareness ~n support of tree planting, maintenance, management, protection and cultivation of trees m rural, community and urban settings These are small grants ranging from $500 to $20,000 d Urban and Commumty Forest Challenge Grant, administered by the Texas Department of Forestry Matching grants are available on a 50/50 cost share bas~s for a vanety of proJects including program development, beaubficat~on, staffing and tra~mng workshops These are small grants of $5,000 to $15,000 In-kind services and/or pnvate money can provide the matching funds These are compebtive programs that ~ncorporate a sconng system, so funding is not guaranteed the first time an apphcat~on ~s submitted 6 Transportation Equity Act for the 21st Century (TEA-21) The Transportation Equity Act for the 21 st Century (TEA-21) was s~gned ~nto law on June 9, 1998, and makes over $3 bllhon dollars available to state and local agencies over the next s~x years for transportation enhancement 137 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan projects Funds w~ll be available for such projects as b~cycle and pedestnan fac~ht~es, tra~ls, rails-to-trails, hlstonc preservation and similar projects 7 Pubhc Improvement D~stnct (P I D ) New developments can estabhsh a Pubhc Improvement Distnct (P I D ) when authonzed by the C~ty Council and legally set up according to state law Th~s taxing d~stnct provides funds specifically for the operation and maintenance of pubhc amenities such as parks and major boulevards 8 Denton Park Foundation The Denton Parks Foundation, a 501 (c) 3 Non-profit Organization, has supported the actiwties, programs and faclht~es of the Denton Parks and Recreatton Department for the past 12 years Th~s orgamzat~on prowdes an opportunity for donation of time and money for the enhancement of special events, programming and park ,mprovements 9 Sports Fac~hty D~stnct A district may be established to raise funds, acquire property, enter into contracts for servmes, ~ssue bonds, and exercme the power of eminent domain for the purpose of creating parks, recreation, and sports fac~ht~es The dlstnct is governed by directors appointed by the County Commission, the C~ty Council of the largest city in the county, and the school district with the largest population 10 Tax Increment Financing D~stnct (T I F) T I F ~s a tool used by local governments to finance pubhc ~mprovements When an area is designated a T I F re~nvestment zone or d~stnct, the tax base ~s frozen at the current level As development occurs w~th~n the T I F d~stnct and, therefore, appraised values of property ~n the zone ~ncrease, th~s ~ncrease ~n value, the tax increment, ~s captured The tax increments are posted to a special fund to finance improvements w~th~n the T I F dlstnct 11 Private Donations Private Donations may also be received ~n the form of funds, land, faciht~es, recreation equipment, art or ~n-kmd servmes Donations from local and regional businesses as sponsors for events or faclht~es should be pursued 12 Joint Use Agreement / Cost Sharing Joint use agreements and cost sharing for ~n~t~al development, purchase of land, use of existing land and fac~l~bes and maintenance and operabon costs of faclht~es can be constructed to allow for several enbt~es paying and using July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bmycle L~nkages Plan the same fac~ht~es Joint use agreements w~th the school d~stnct and pnvate recreation prowders should be pursued 13 Local Sports Organizations Local sports organizations prowde a source of funds or tabor for the funding and construction, operation and maintenance of specific sports venues and amenities 14 Pnvately Run Enterprise Pnvately run businesses which operate ~n conJunction w~th parks and recreation programs can provide another avenue to prowde further recreation opportunities 139 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan Five Year Action Plan The F~ve-Year Action Plan responds to the pnonties established ~n the Needs Assessment porhon of the Master Plan and sets up a t~me table w~th respect to the potenbal funding sources Working in coordination w~th the C~ty staff and the Task Force Committee, the plan combines achon item recommendations for ~mprovements and new facilities ~n an effort to enhance the quality of programming and fac~ht~es throughout the C~ty of Denton The tables on Page 145 through 149 outhne facility ~mprovements, location, proposed budgets, potential funding sources, proposed budgets and a time frame w~thln which projects are to be funded The fac~ht~es hsted are the minimum which are recommended to be provided The map on Page 151 graphically summarizes h~gh pnonty ~tems w~th~n the F~ve-Year Action Plan Dunng the course of the next five years, ~f add~bonal funding ~s received, for example, through General Fund or other sources, the schedule of projects may be advanced to move projects up earlier ~n the F~ve Year Plan, allowing funding for currently unfunded projects July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan Plan Update and Refinement The preparation of th~s Master Plan marks the beginning of a new d~rect~on for development of the Denton parks system The process of prepanng the Master Plan has successfully ~nvolved the needs and specific goals of the community as ~dent~fied by the Task Force Committee, Park Board, C~ty Staff, and c~tlzens of Denton The process of ~mplemenbng the plan must now move forward into action The Master Plan prowdes the guiding d~rectlon for Denton s park system for the next five to ten years It ~s a dynamic process, and therefore, wdl need to be carefully monitored as Denton conbnues to grow The plan ~s not statm, therefore, ~t must be apphed to the growing needs and demands for park fac~hbes throughout the C~ty The C~ty staff should make annual rewews of the recommended Parks Action Plan and update current pnonbes, budgets, and t~me schedules After five years, the overall Master Plan should be reviewed and evaluated, especially ~n the area of the needs assessment from the c~t~zens Th~s wdl ensure that the Master Plan truly meets the needs of those who hve and raise their fam~hes ~n the commumty As th~s happens, the C~ty will continue to provide its citizens quality park fac~hbes and services for all age groups 146 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan IX. Pedestrian & Bicycle Linkages Plan The opportunity to develop and expand the exlsbng network of on-street and off-street transportation alternatives w~th~n the city is an exc~bng long-range ws~on for Denton C~ty leaders recognize that transportation planning ~ncludes addressing the access and moblhty needs of pedestrians and blcychsts to work and non-work destinations such as schools, umvere~t~es, government centers, retail and commercial centers, entertainment venues, churches, recreational faclht~es, and w~th~n local neighborhoods Th~s Master Plan includes a conceptual Moblhty Plan that w~ll provide guidance for the development and ~mplementabon of an ~nterconnected network of designated on-street b~cycle routes as well as an off-street tra~l and pedestrian circulation system In the early stage of the planmng process, the Carter & Burgess planning team and C~ty of Denton department representatives beg~n to evaluate the goals and object,yes for prowd~ng d~fferent transportation alternatives w~th~n the Denton community Several of the c~ty staff members had prewously cons~derad the concept of bike routes and sidewalk connections within the c~ty This ~nput was an excellent way to combine prewous ~n~t~at~ves w~th a new vis~on for mob~hty access wa several modes of transportation Th~s collaborative effort also prowded the planning team a local understanding of the Denton commumty and ~mportant destmabons that need to be connected for pedestrians and b~cycl~sts As d~scussed ~n the pubhshed Denton Comprehensive Plan, with supporbve land use and transportation policies, walking and b~cychng can be practical alternatives to dnwng (especially for short tnps), contribute greatly to the quahty and wtahty of the street scene, and help achieve environmental goals Pedestnan and bike ~mprovements to mtersecbons, s~dewalks, and other faciht~es can improve access and safety, and are particularly ~mportant for children, senior adults, people w~th disabiht~es, Iow/moderate ~ncome citizens, and people who choose to use th~s mode of transportation A desirable goal ~s to increase the amount of walking and b~cychng that local c~tlzens participate ~n This can be achieved by creabng desirable, safe, convenient enwronments that are conducive to walking and b~cychng The Denton Comprehensive Plan has outlined several strategies to meet this goal A Create an Urban Tra~l System to fac~htate walking and b~cychng as wable transportation choices, provide recreational opportunities, and hnk major parks and open spaces with Denton neighborhoods B Integrate pedestrian and bike fac~hbes, services, and programs ~nto both c~tywide and regional transportation systems where appropriate to prowde 148 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle Linkages Plan Pedestrian amemt~es and weather protecbon Safe and convenient pedestnan and b~ke access to transit stops, centers and stations Adequate I~ghtmg, security, and other ~mprovements for persons with d~sab~hbes and special needs B~ke capacity on buses, rail, and other modes Covered, secure bike parking at transit centers and stations C Recogmze the ~mportance of walking in the c~ty and the contr~bubon walking makes to achieve personal mob~hty and environmental object,yes Enhance the pedestnan environment throughout the c~ty D Through implementation of the comprehensive plan and/or neighborhood planning, designate Key Pedestrian Streets w~thln the h~ghest-denslty portions of urban centers and neighborhood centers Design and operate the streets to be safe and attractive for pedestnans, ~mprove access to transit, encourage street-level acbwty, and facilitate social interaction Integrate pedestnan facilities into street improvements on these streets E Accelerate the ~mprovement of ex~sbng pedestnan fac~l~bes and develop and maintain new ones throughout the city Increased pedestnan act~wty, enhance pedestnan safety, and promote a pleasant walking enwronment, w~th special consideration to pedestrian facihties including recommended school walking routes, access to transit, access for people w~th d~sab~l~t~es, and access to and w~th~n urban center and neighborhood center enwrenments F Prowde and maintain direct, conbnuous b~cycle routes, and make all appropnate streets b~cycle-friendly Accelerate development of b~ke facilities ~n, around and between mixed-use centers, neighborhood centers, and other key locations Facilitate bicycling, where appropriate, by techmques such as providing separate trails or bicycle lanes The Mobility Plan ~ncluded here~n addresses a h~erarchy of potenbal transportabon routes across the overall c~ty The proposed mobility network ~ncludes three modes of non-motorized transportation Sidewalks for pedestrian and/or b~cychng connections, Bike Routes for s~gmficant b~cychng activities, and Greenway Corridors along ex~stmg dralnageways to serve a w~de range of trail users Sidewalk $yetem The s~dewalk system represents the most basic off-street transportation network w~thln the C~ty and should be readily available along most c~ty streets and throughout neighborhoods Located w~th~n the parkway, the recommended sidewalk should be a minimum of 5 feet w~de w~th a 3-foot 149 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle L~nkages Plan buffer between the edge of the street pavement and the edge of the sidewalk In areas where combined pedestnans and b~cychsts will be using the s~dewalk, ~t ~s recommended that the w~dth of the sidewalk be a m~nlmum of 8 feet ADA requires walkways to be accessible to all users, w~th runmng grades less that 5% and cress slopes less that 2% S~dewalks should be of all weather, Shp resistant material such as concrete Street furnishings, s~gns, and ut~hty pole locations need to be considered so that pedestrian movement is not ~mpeded The Mobility Plan proposes new sidewalks to prowde connections to major dest~nabons and recreational s~tes throughout Denton Some of these pnonty areas include connecting the downtown central business distnct to both the UNT campus and the TWU campus Th~s would allow students and citizens an alternative mode of transportation w~thm the ~nner port,on of the c~ty Another pnority area includes prowd~ng s~dewalks from school fac~ht~es to local parks and neighborhoods Th~s would allow students an opportunity to travel to school and back w~thln a safe, off-street environment Finally, an additional pnonty would be to connect parks to other city parks and recreational fac~htles throughout the community Bike Routes B~ke routes can be prowded w~thln e~ther an on-street network or off-street network Where ex~st~ng streets are very narrow, ~t w~ll not be feasible to prowde a bike route on the actual street In th~s ~nstance, bike routes can be provided along tra~ls w~thm the parkway assuming the w~dth allows a safe route of travel Where streets are w~de enough for b~cychsts, a bike route can be designated by both pavement marking symbols, as well as s;gnage along the b~ke route Th~s w~ll encourage an increase m bicychng as an alternative mode of transportation By des;gnatmg a b~ke route, regular users can determine the best route of travel to ma.lor dest~nat;ons within the C~ty Motorists will also be familiar w~th the bike routes, which will ~n turn increase safety The Mob~hty Plan proposes a series of designated bike routes that w~ll prowde a network across an extended region of Denton Some of these pnonty areas include prowd~ng bike routes from the UNT campus and TWU campus to the outer reaches of the c~ty hm~ts W~th the ~ncreased popularity of biking, the college students w~ll enjoy the extended areas to take longer rides through scenic, rural settings Another pnority w~ll be to prowde bike routes that connect the major parks within the city Eventually, the b~ke routes should also ~nterface w;th the proposed greenway comdors along the creeks and dramageways Greenway Corridors One of the most wslonary aspects of the Mob~hty Plan ~s to create a series of greenway comdors along the major drainageways in Denton These greenway corridors w~ll offer a very exciting diversity of recreational act;wries within a natural setting Such actlwbes might ~nclude walking/Jogging trails, nature trails, interpretive areas, bird watching, p~cmcklrig, and sightseeing These greenways w;ll need to be carefully coordinated w~th other c;ty departments such as engineering, drainage, and traffic to ensure that a hollstic approach ~s taken in planning any 150 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bicycle L~nkages Plan ~mprovements within the drainage corridor It will also be ~mportant to maintain a w~de enough corndor to ensure the natural environment ~s not ~mpacted by potential development act~wt~es Several creek corridors have been ~dent~fied w~th~n the Mob~hty Plan as potential greenways to serve as part of a long-range, non-motorized transportation network These ~nclude Cooper Creek to the north, Pecan Creek in the central port~on of Denton, and H~ckory Creek ~n the southern portion of Denton Each of these areas d~ffer m natural character and amount of ex~st~ng development, but each offer a variety of opportunities for tra~l and recreational development Refer to map on page 155 151 July2O0O 2000 Denton Parks and Recreation Master Plan and Pedestrian & Bmycle Linkages Plan SIDEWALKS 152 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B~cycle Linkages Plan BII~ ROUTE WITFffN .~, SHARED USE T~AFFt¢ STREET PAVEMENT (VARIES) ILOW BIKE ROUTES PROVIDE MAXIMUM SETBACK MINIMUM g' WIDE TRAIL FROM STREET PAVEMENT FOR BICYCLISTS AND { imAR~WAY (VARIES) S~ f PAVI~IENT Q/ARIES) PAEKWAY (VARIES) ~ow OvurrH YARNS) BICYCLE & PEDESTRIAN TRAILS 153 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestrian & B,cycle L~nkagea Plan AREAS, PICNIC AREAS, ETC ~, TRAIL LOCATION VAI~ DEPENDINO ON' NATURAL AR.EA, DRAINAGE CHARACTE~CS AND WIDTH OF GREENWAY CORRIDOR GREENWAY CORRIDORS 154 July 2000 2000 DentOn Perks and Recreation Master Plan and Pedestrian & B~cycle L~nkages Plan Append,x I B~bhography The Traffic Safety Toolbox Washington, D C Institute of Transportabon Engineers, Second Pnnbng, 1993 156 July 2000 2000 Denton Parks and Recreation Master Plan and Pedestnan & Bicycle Linkages Plan City of Denton Landmmpe Code WEXAS III CHAPTER 31 III THE DENTON CITY CODE ARTICLE I. IN GENERAL Sec. 31-1 Short Title. Thle chapter shall be known and may be cited as the Denton Landscape Code Sec. 31-2 Statement of Purpose. The Intent of this article is to promote the ~mmedmte and long-term pubhc health, safety, economic stabilAy and general welfare by setabhshmg and managing the CRy's urban tree canopy coverage This article is intended to promote the following general purposes (1) Preservation. protecbon, and enhancement of the ecological and aesthetic attributes of the City (2) Ecological stabilization through urban forest management that contributse to the proceeses of air pultflcatlon, oxygen regeneration, ground water recharge, storm water runoff retardation, and promotes energy efficiency and water conservation, thereby abating noise, heat and glare (3) Protection. i preservatlon and advancement of the urban forest's appearance, character and value that includes all properties within the community, and that contdbutse to a strong sense of neighborhood, community, and quality of life (4) Protection and preservation of native and spe~men vegetative species, their ecosystems and natural heioitat$ and preventing damage to and unnecessary removal of vegetation dudng the land development and construction processes (5) Acknowledgement that trees and landscaping add value to property, protect public and private invsetmentlto the general baneflt of the City and its residents (6) More spenlflcally, this article is intended to a Protect water resources, flood plains, environmental qual,y, and the natural and man-made physical and visual quality of the City b Mitigate the effects of impervious surface land coverage by structures and paving that tend to increase ambient air temperature and generate greater water runoff causing erosion, flooding. and water pollution c Prevent clear-cutting and mass grading of land by encouraging the use of natural terrain for building sites, and by providing cluster development ~ncantives d Promote native plant species preservation and replenishment, and encourage the use of drougM tolerant and Iow water usage vegetation e Provide Incentives for tree preservation f Protect and provide wildlife habitats g Require landscaping and screening to promote land use compabbility and improved aesthetic quality' Page 1 · Onginal Ord~nanca Approved Apnl 7"~, 1998 · Amendments Approved November 17~, 1998 · Original Ordinance Effective Date May 1st 1998 · Amendments Effective Date December 1"~. 1998 h Promote soil conearvat~on by mlmmizing natural terrem disturbances, thereby reducing sedimentation, and air and surface water pollution Sec. 31-3 Definitions. Clea~lng An mtenbonal act to cut down, remove all or a substanttal pert of, or damage a tree or other vegetation that will cause the tree or other vegetation to decline and/or die Clearing ~s defined to mctude, but not be limited to, chemical, physical, compact;on, or grading damage Clear-cutting ~s a cleedng aotivlty conducted over an entire lot Critical Root Zone. A circular region measured outward from a tree trunk representing the essentlel area of the roots that must be maintained or protected for the tree's surv;vei A tree's critical root zone ~s measured as one foot of radial distance outward from the trunk for every tach of tree DBH, and may be no less than a radius of eight (8) feet ~ Dlemater-at-breest-height (DBH) Is the tree trunk d~ameter measured m inches st a height of 4 5 feet above ground level If a tree splits into multiple trunks below the 4½ feet level, DBH will be defined as the sum of each individual trunk measured at 4½ feet above ground level, or the single l~unk at its moat na~Tow dimension, whichever is greater Ding-.tot The City of Denton Director of Planning and Development, or the Director's dse~gnee Drlplina The area beneath the canopy of a tree defined by a vertical line extending from the outem~ost edges of the tree branches to the ground Erosion The detachment and movement of sail or rock fl'agments, or the weadng away of the land surface by water, wind, ice, or gravity Grilling The mechanical or physical act of disturbing, moving, remowng, transferring, or redistributing soft or earthen surfaces G~ Lot Area' An area under public or pdvate property ownership, whose lot lines are described by plat or deed Ground Cover Low growing plants, vines, or grasses that form dense, extensive growth, and have a positive effect against so~l erosion and soil moisture loss Impervious Sun'ace A surface that has been compacted or covered with a layer of matedal so that ~t is highly resistant to ~nfiltration by water Indu~'lal Pmpe~y. Properties developed with land uses described in the 1987 STANDARD INDUSTRIAL CLASSIFICATION MANUAL, published by the Executive Office of the President, Office of Management and Budget, within the following categonas Manufacturing (Divismn D) or Terminal and Joint Terminal Maintenance Facilities for Motor Freight Transportation (Division E, Major Group 42. Industry Group No 423) Limlt~ of Cleetfng end Grading. The boundadse of that area of land ident~ied m a landscape plan to be subject to soil disturbance or cleared of trees and other vegetation ~n conjunction with a proposed development or land uss Live Plant Materlata' "Live' plant material, including grasses, annuals, perennials, bulbs, groundcover. shrubs, and trees are botanical plants that are nourished through the processes of air, water, and sail nutrients Plant materials such as, plastic, fibrous, silk or other non-live materials are not considered "live' plant materials Landmark Tree' A tree that has been determined to be of unique community value because of its size. spec4e, age, form, historical significance, or other unique charactenst~cs Page 2 · Odgmal Ordinance Approved Apnl 7th, 1998 ~, Amendments Approved November 17~h, 1998 · Original Ordinance Effective Date May 1st, 1998 · Amendments Effective Date December Ia, 1998 Outdoor Storage Area Any area that contains trash collection areas or dumpster refuse centainers. outdoor loading and unloading spaces, docks or outdoor shlpp~l and recetv;ng areas, outdoor storage of bulk materials and /or parts, or areas regularly used for outdoor repair, outdoor storage areas of aery;ca stations, motor vehicle dealers, or inspection stabons Temporary construction and related act;v~es are exctuded from this definition Permanent Tree Protection Devlce~ Structural measures, suc~ as retaining wails or aeration dewces, that are designed to protect the tree and its root systems throughout its lifetime Ptan~fng Arac An outdoor area, the surface of which may not be covered by ~mpervlous surface materials such as asphalt or concrete, nor by structures, and devoted entirely to the planting or construction and maintenance of trees, shrubs, groundcovera, fences, walls, end/or earthen harms Temporary Tree Protection Devices' Phymcel bemera, at least four (4) feet in hmght, ~nstalled I:mOr to construction for the purpose of preventing damage to trees Such devices include snow fencing, chain link fence, barbed wire fence, vlnyl construction fencing or other similar temporary barrier, may be no less than four feet In height, and non-intrusive to the tree cntlcel root zone Tree Topping The severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree that removal of the top canopy disfigures and Invites probable disease to the tree Vegetation All plant life, however, for purposes of this chapter shall be restncted to mean trees, shrubs, ground cover, and vines with the exception of stats and federally protected or endangered vegetative species which in all cases shall be preserved Vehleutar Surface Area Any outdoor off-straet area used to store or drive motor vehicles that does not contain defined off-street parking spaces Paved areas used for drive-through windows, perking lot access lanes, or gas station pump lanes are considered to be vehicular surface areas Sec. 31-4 ApplicabUlty. (1) All property located within the city hm~ of the C~ of Denton ~s subject to the provisions of this article Clearing and grading permits shall be required for all property pnor to the commencement of cleadng and grading activity It shall be unlawful to commence any clearing or grading activity without first obtaining a clearing and grading permit Complete and accepted tree inventory plans shall be required prior to prehmlnary plat approval Approved landscape plans, which may also demonstrate satisfactory cleenng and grading requirements shall be required prior to final plat approval Approved plot plans shall be required prior to issuance of building pen~lta, and In~bacted for compliance prior to final inspection and/or issuance of the certificate of occupancy The requirements of this chapter will cease to be ~n effect upon the eabsfactory completion of the final inspection for single-family and duplex rasidenbal dwelhngs (2) When remodeling, redevelopment, or reconstruction m proposed on platted property that would result in an expansion of gross floor area, parking lot area, or vehicular surface area, the foitovang provisions shall apply a When remodeling, redevelopment, or reconstrucben ~s proposed on platted property that would expand existing gross floor area of the lot's structure or structures by lees than twenty-five (25) percent, the proposed activity is exempt from the provisions of this article b When remodebng, redevelopment, or reconstruction is proposed on platted property that would expand existing gross floor area of the lot's structure or structures by twenty-five (25) percent or more, but less than fifty (50) percent, only the portion of the site where the expansion is located is subject to the provisions of this art=la Page 3 · Or,g~nal Ordinance Approved April 7~, 1998 : Amendments Approved November 17~, 1998 · Original Ordinance Effective Date May 1·t, 1998 · Amendments Effectwe Data December I':, 1998 c When remodeling, redevelopment, reconstruc~on, or expansion ~s pmpoead on platted property that would expand existing gross floor area of the lot's structure or structures by fifty (50) percent or more, the entire property must comply with the prows~ons of this article d When parking lot or vehicular surface area ~mprovements are proposed that would result in an ~mperv~ous surface expansion of twenty-five (25) percent or greater, or would result in ~mpervlous surface reconstruction amounting to twenty-five (25) percent or greater, the requirements of Section 31-7(1) shall be applied only to the area where the expansion or reconstruction occurs This provision shall apply only when such ~mprovements are not part of a structural remodeling, redevelopment, or reconstruction proposal Sec. 31-5 Exclusions. (1) Property being actively used for agricultural, ranching, or hvastoc~ production and serves as the source of primary income for the owner/leaeae is exempt from the provisions of this article A clearing and grading permit musS be submitted, without charge to the applicant, to eawe as declaration of exemption from this arJk~ Property identified in the perm~ is excluded from any other land uses, other than thoea defined in this sactlo~, for a period of no less than 5 years front the date of issuance of the clearing and grading permit (2) The following area shall be exempt from the provisions of this article a The Central Business District, amended as shown in Appendix A, b The Fry Street Development Corporation Boundary as shown in Appendix B, c The Denton Municipal Airport as shown in Appendix C, and d The Denton Municipal Landfill (3) Single-family homeowners may cielm an exemption from the prowsions of this article if they venfy their status as the owner or contract vendee of the property before the final inspection is completed, and varify in writing that they will be the occupants of the home ARTICLE II. TREE AND LAND PROVISIONS Sec. 31-6 General Provisions. (1) Tree Requirements a. Trees All property shall provide trees at a ratio of fifteen (15) trees per acre (43,560 square feet), or one (1) tree per 2,904 square feet of gross lot area Industrial property shall provide trees at a ratio of fifteen (15) trees per acre (43,560 square feet), or one (1) tree per 2,904 square feet of net lot area, calculated at 60 percent of the gross lot area or by exclusion of the main enclosed structure ground floor area from the gross lot area, whichever is lass b Size All trees planted to satisfy the tree standards must be a minimum of three (3) inchas in caliper measured six (6) inches from top of container c Specie All trees planted to meat the requirements of th~s section must be listed on the Selected Speclas List No trees with a maximum mature height of twenty-five (25) feet or greater may be planted within twenty-five (25) feat, measured horizontally, from the nearest overhead utility line d Species Diversity The following Species Diversity Requirements shall apply to all Landscape Plans, but shall not be used to limit eligibility for tree credits Page 4 · Ong~nal Ordinance Approved April 7th, 1998 · Amendments Approved November 17~, 1998 · Orig;nal Ordinance Effective Date May Ia, 1998 ,, Amendments Effective Date December 1"~, 1998 Number of Required Maximum Percentage Site Trees of Any One Spectes 10-19 50% 20-39 35% 40-59 25% 60+ 15% e Tree Selection At least 50 percent of the total tree requirement for the property shall be Large and Medium Trees as specified in Sec 31-15, Selected Specms bet The remaining trees may be any size tree as specked in Sec 31-15, Selected Species List (2) Land Requirements a Planting Area All property shall reserve as planting area a minimum of twenty (20) percent of grose lot area b Umits of Clearing and Grading The limits of clearing and grading shall be designated on the approved landscape plan prior to commencement of any construction activity The limits of cleadng and grading shall designate the outermost edge of the area vathln which the existing topography is to be altered by cutting, filling, and vegetation removal In evaluating the Emits of Clearing and Grading, the Development Rewew Committee shall determine that reasonable construction design principles, precbces, and installation techniques have been employed to minimize areas subjected to distur'cenos The extent of land disturbance shall be minimized, and shall accommodate only the following acthntles (1) Street construction and necessary slope construction However, such deanng shall meet the criteria of the City (2) Public service or utility easements and rights-of-way Th~s shall ir,~lude areas for utility line ~nstallation with any temporary construction easements necessary for such instellation and easements for maintenance access These easements shall not be cleared prior to actual line installation Temporary construction easements shall be located to minimize soil disturbance and tree removal (3) Building roof coverage area and ancillary structures, such as covered pe+Jos and porches. plus up to 10 feet on all sides for construction activity (4) Driveways, alleys, welkways, perking lots, and other land area necessary to the inststlet~on of the proposed development or use Other necessary land area may ~nclude area for tennis courts, swimming pools, and related structures and uses (5) Area for septic field as required by the Utility Department This shall not Include area necessary for reserve lines until such bme as the reserve lines must be installed (6) Sediment bestns Only the area necessary for the construcbon of the dam, the area in which sediment will collect, and the area necessary for construction and maintenance of the basin shall be cleared of vegetation Conflgurabon of the basin shall use natural terrain as much aa possible to minimize vegetation removal Any vegetation that dies as a result of the deposit of sediment and/or debris shall be removed by the property owner (7) Detention ponds Only the area necessary for the constru~on of the dam and the area necessary for construction and maintenance of the pond shall be cleared of vegetation Configuration of the pond shall use natural terrain as much as possible to minimize vegetation removal Any vegetation that dies as a result of the deposition of sediment and/or debris shall be removed by the property owner Page · Ong;nal Ordinance Approved April 7~, 1998 * Amendments Approved November 17~ 1998 · Original Ordinance Effective Date May 1't, 1998 · Amendments Effective Date December 1'~, 1998 (8) Other types of construction, or land actw~ty associated with construction, not lmted In Rems 1 through 7 (above), that are necessary for the reasonable completion of the project (3) Street Trees (reserved secdon) Pending Comprehensive Plan completlon, this sect/on sen/es as not. cat~on that the Crly of Denton Intends to lmplement street tree requirements m the near future (4) Tree Crodlts a Preservation of exmting trees may bo used to receive credit toward meeting the Tree Standard of 15 trees per aore, if the trees are healthy and w~thout substantial damage or defect Tree credits shall be earned in the following Increments DBH of Existing Tree Tree CredOs 3 to 9 inches 1 0 9+ to 15 Inches 1 5 15+ to 21 inches 2 0 21+ to 27 inches 2 5 27+ inches 3 0 Landmark Trees 5 0 b Tree credits may not be eemed for preserva~on of exmting trees located on land required to be ded;cated for public nght-of, way or easement purposes, unless the property owner can demonstrate the ability to protect the credited trees by way of rsetnct~ve covenant or other legal instrument considered satisfactory by the City Attorney c Tree Credit Protection Measures Tree credits will not be permitted unless temporary tree protection devices are installed at least to the limit of the critical root zone or the drlpline, whichever is greater, during construction activity The follomng activities shall be prohibited within the limits of the critical root zone or dnpllne of any tree being preserved for credit (1) Physical Damage Any physical damage to a tree preserved for credit that is considered to place the surv;val of the tree in doubt shall be eliminated as a credited tree Tree topping m prohibited for trees pr·sewed for credit (2) Equipment Cleaning and Liquid D~sposal No equipment shall be cleaned or other liquids deposited or allowed to flow ovehend within the I~mits of the critical root zone of a protected or landmark tree This includes paint, o~1, solvents, asphalt, concrete, mortar, tar or similar materials (3) Grade Changes No grade changes (cut or fill) shall be allowed wRhln the limits of the critical root zone of any protected tree unless adequate construction methods are approved by the Director of Planning and Development (4) Impewious Paving No paving with asphalt, concrete or other ;mbervlous materials In a manner which may reasonably be expected to kill a tree shall be placed within the limits of the critical root zone of a protected tree, unless otherwise specified within this article (5) Material Storage No materials Intended for use m construcbon or waste materials accumulated due to excavation or demolition shall be placed w~thin the IIm~ta of the critical root zone of any protected tree (6) Tree Attachments No signs, w~res, or other attachments, other than those of a protective nature shall be attached to any protected or landmark tree (7) Vehicular Traffic No vehicular and/or construction equipment traffic, parking, or storage shall take place within the limits of the critical root zone of any protected tree other than on Page 6 · Original Ordinance Approved April 7m 1998 · Amendments Approved November 17m, 1998 · Original Ordinance Effects· Date May 1"~, 1998 ·Amendments Effective Date December 1'~, 1998 existing street pavement This reetncflon does not apply to single incident access within the crit~cel root zone for purposes of clearing underbrush, eetablish~ng the building pad and associated lot grading, vehicular access necessary for routine utility maintenance or emergency restoration of ut~ltty service or roubne mowing operat~one (5) Landmark Trees Landmark Tree nominations will be prepared by the D~rector, during Landscape Plan review or after the evaluation of nomination proposals submRted to the D~rector Those specie with a mirumum diameter of at least 75% of the listing In the most current publ~cet~on of the Texas Forest Service Tree Reclistry are eligible for Landmark Tree nomination If a tree eligible for Landmark nomination la ee clesignated by the Director, the owner of the tree must either preserve the tree In with Section 31-6(4)c of this artlcte or prowde replacement trees with a combined caliper in inches, measured six (6) inches above the top of container, equal to one-half (50%) of the diameter in ~nches, four and one-half (4~) feet above ground level, of the designated Landmark Tree that is removed If a tree is designated as a landmark tree ~t shall be unlawful for an owner of the tree to fail to preserve the tree or fall to replace the tree within s~x (6) months of the time of the clearing or grading, as required by this article (6) Reeldenflsl Subdivisions a Residential subd:vlsions may demonstrate compliance with the 15 trees per acre Tree Standard by celculsting the average number of trees per acre for the area contained w~thin the entire subdivision b If a residential subdivision achieves an average of 30 or more trees per acre by reserving open space to be dedicated to the City, including land requ:red by the City's perk dedication ordinance, or to be maintained by a homeowners' association, minimum lot size may be reduced by ten (10) percent in order to reeltze the maximum density allowed within the zoning dlstdct (7) Public Property a All lands owned as Individual lots by governmental entities are subject to the provis~ons of this article to the extent allowed by law The City of Denton appreciates the perticlpatlon of federal, state, county, and other jurisdictions ~n the management of the City's tree cover b Construction Projects located vathln Public R~ghts-of-Way and Easements The area defined by project limit lines will be used to determine tree standard compliance Trees removed must be replaced in accordance with the table provided in this section If replacement trees cannot be planted mthin the project area, they must be planted mthln areas designated by the Director and consistent with city open apace plans DBH of Tree Replacement Existing Tree Requirement 6to 12 inches 1 0 12+ to 24 Inches 1 5 24+ to 36 inches 2 0 36+ inches 2 5 (8) Functional Requirements a View Obstructions All landscaping, trees and screening devices required by this article shall be constructed, installed and maintained so as not to obstruct the view of motorists between the street and the access drives and parking aisles near the street yard entries and exits, nor shall Page 7 · Onginal Ordinance Approved April 7~, 1998 · Amendments Approved November 17~, 1998 · Original Ordinance Effective Date May 1"t, 1998 .Amendments Effective Date December 1't, 1998 any landscaping which oreates an obstruction or view be located ~n the radius of any curb return Traffic Barriers All planting areas, ~ncludtng cnt~cal root zones around trees and those used for parking lot screening and intanor landscaping areas, which abut any parking lot or vehicular area shall be protected with curbs, parking blocks or s~mflar barriers sufficient to protect vegetation from vehicular ~ntrusion Plant and Planting Quality Conformance All plant materials, including replacement treas, shall be specified and planted with plants using the standards of the most recently published version of the American Standards for Nursery Stock, by the American Association of Nurserymen All plants shall be clearly tagged by the pro.ding nursery for easy inspection with the Botanical Name All landscaping shall be Installed according to sound ho,'ticultural prs~, in a manner designed to encourage quick establishment and healthy growth Stookpllln~ Topsoil that Is removed during construction shall be stored onslte and =onsewed for later use in required planting areas ARTICLE HI. LANDSCAPE REQUIREMENTS Sec. 31-7 Specific Landscape Area Requirements. (1) Parking Lot 8crsenlng and Landscaping a Perimeter Screenln¢~ Any parking lot or portion thereof that is visible from the public right of way and contains 10 parking spaces or more shall provide perimeter screening The perimeter of each parking lot, excluding rirlveways, which fronts upon or is adjacent to a public street other than a public alley shall be provided with shrub screening with a minimum mature height of thirty-six (36) inches and installation height of eighteen (18) mchse or greater, and spaced no more than twenty-four (24) Inches apart, edge to edge Alternative shrub spacing may be used. with the approval of the Development Review Committee, when it can be shown that the selected shrub species growth pattem differs significantly from the spacing requirements of this ordinance The use of berms and planter walls will be allowed to contribute to Installation and mature height requirements The slope of any earthen berm shall not exceed one foot of height for each three feet in width b Interior Landscaping Any parking lot or portion thereof which is constructed and contains forty (40) parking spaces or more shall provlrie permanently landscaped areas consisting of islands. peninsulas, medians or adjacent planting areas One canopy tree shall be provided for every fifteen (15) parking spaces, and one shrub will be required for every five (5) parking specas At least fifty (50) square feet of planting area shall be provided for each required tree, and no parking apace shall be located more than fifty (50) feet from the trunk of a tree Ail Interior landscaped areas shall be covered by trees, shrubs, or ground cover c Compliance with Tree and Land Requirements The trees or planting areas used to comply with the parking lot screening and landscaping requirements contained in this section may also be used to demonstrate compliance with the 15 trees per acre standard and the 20 percent planting area lot requirements contained in this chapter d Distribution of Landscaped Areas The required landscaped areas for parking lots shall be more or less evenly distributed throughout the parking lot. although adjustments may be approved by the department, where the shape or s~ze of the parking lot, the location of existing trees or other natural constraints reasonably prevent such distribution · Vehicular Surface Areas Vehicular surface areas (VSA) must comply with the requirements of this section Perimeter screening is required as indicated In Section 31-7(a)1 Interior Page 8 · Original Ordinance Approved April 7~, 1998 · Amendments Approved November 17~, 1998 · Original Ordinance Effective Date May 1'~, 1998 ,. Amendments Effective Date December 1"~, 1998 landscaping requirements shall be mat by prov;hng one tree per 4.500 square feet of VSA, and- one shrub per 1.500 square feet of VSA Tree canopy cover shall be evenly distnbutad throughout the VSA (2) Outdoor Storage Area Screening a Any outdoor storage area. or portion thereof, must be soreened from pubhc rights-of-way umng live evergreen screening plants, six (6) feet ~n height at installation, spaced no more than eighteen (18) ~nchee apart, edge to edge b A fence or wall may also be used for outdoor storage area screening, provided it ~s at least s~x (6) feet tall. opaque, and of masonry, stone, or wooden mate~al, or of thesame material as that of the pflnc~pel butlding Dumpstsr enclosure opemngs may not face public rights-of-way unless they are gated (3) Buffaryards a Bufferyerds shell be required under the following conditions (1) Multi-family uses shall buffer when adjacent to s,ngle fam,ly or attached housing uses (2) Commer~al uses shall buffer when adjacent to single-family, attached housing, multi-family, and lesser commercial uses (3) Industrial uses shall buffer when adjacent to any use, ~ncluding lesser industrial uses b Plant materials, walls, or fences may be used wrth~n requ,red yards, as specified ~n Section 35- gl of the City Code, to buffer adjacent lend uses Trees or plants used in required yards may be used to demonstrate compliance with other secbons in th~s article Sec. 31-8 Malmeeeeee (1) Malntenenoe Requlrament,~ s The property owner or hi,/bar agent shall be responsible for the maintenance, repair and replacement of all preserved vegetation and landscaptng plants and materials as may be required by the provisions of th~s article It shall be unlawful for a property owner or his/her agent to fall to maintain, repair, or replace any vegetation and landscaping plants or material that are required by this chapter Once the final ~nspeoflon has been completed for a single- family or duplex residential dwalhng, the requirements of th~s article no longer apply b All plant matedal and planting areas shall be tended and maintained ~n a healthy gromng condition, replao~l when necessary and kept free of refuse and debris c Fences. walls, gates and any other outdoor structures shall be maintained ~n good repair Openings within the barriers may be required by the D~rector for accessibility to an area for necessary public maintenance (2) In'lgatlon Irrigation is not required to demonstrate compliance w~th the requirements of this chapter for ~ndlvidual single-family residences Single-family residential planned developments with communal open space within planned development or single-family subdNis~ons with communal open space maintained by CC&R's or a homeowner's assoclahon are requtred to provide underground automatic irrigation All uses. other than ;ndividual s~ngle-fam~ly residences, are required to provide underground automatic irrigation In all planting areas Areas within the property that are left in undisturbed native habitats are not required to prowde automatic ~rrtgation Irrigation is required to Page g · Original Ordinance Approved April 7~, 1998 · Amendments Approved November 17~, 1998 · Original Ordinance Effective Date May 1't, 1998 * Amendments Effective Date December 1"~, 1998 cover planted areas within the rights-of-way adjacent to the property Proper watenng is critical to plant survival, particularly during the first three years after tree or plant installation With the exception of ~ndividual single-family residences, trees or plants required as part of an approved Landscape Plan, must be replaced r~ they become diseased, damaged, or die Underground imgat~on shall meet the follow~ng cntena a Irrigation must meet water conservation methods as estabhshed for ~rrigation systems and must use (1) Automatic imgaben control boxes that are programmable for seasonable weather conditK)ns (2) Sensom that shut off system irrigation dunng rain and freese events (3) Low pre~pltatlon, water conee~'ving irrigation heads ~n lawn and slope conditions (4) Use of drip or pressure compensation tubing irrigation systems in planting beds (5) Use of fiat irrigation heads under shrubs in slope conditions is allowed (6) Use of tree imgation in plentJng beds that allows and plans for future growth of the root system (7) Use of underground irrigation technology that re~nforces water conservation b Use of non-water conserving rotary heads, spray deers and any spray head which is not designed as a Iow precipitation rate head is prohibited c It Is a penalty of this ordinance to allow uncontrolled water emissions d irrigation systems must be maintained In good operating condClon at all times ARTICLE IV. ADMINISTRATION REVIEW AND PERMITTING See. 31-9 Administration, Review and Permitting. (1) Plan gubmlulons a Tree Inventory Plan After the effective date of this ordinance, no preliminary plat may be approved without the submission and acceptance of a tree inventory plan The tree inventory plan shall delineate site trees by type, size and species An ~nvantory map shall dehneste tree cover by identifying all stands of trees w~th similar charactenatlce, such as specie, and defined as areas which include the outer perimeter of the ddpllne of individual trees Notation shall be included indicating the range of height and DBH of trees within the areas, the predominant species within the areas, and the general appearance of the trees wrth regard to health b Landscape Plan The owner of any property to which this article applies shall submit a landscape plan in the form and manner specified by the Planning and Development Department before the approval of the final plat This plan can be combined with the tree inventory plan The landscape plan shall contain sufficient detail, as specified by the department, to show the following Page 10 · Original Ordinance Approved April 7~, 1998 · Amendments Approved November 17"~, 1998 · Odg~nal Ordinance Effective Date May 1~, 1998 · Amendments Effectwe Date December 1*t, 1998 (1) The location ofall existing or proposed subdrvis~on ~mpmvements buildings and Impervious surfaces, residential subdivision landscape plans may subst~uta limits of cleenng and grading des;gnat,one for indiwdual lots instead of detailed building location and Imperwous surface information until the time that a plot plan is required. (2) The I~mits of cleanng and grading proposed for the project. (3) The location, size. species, and health of all ex~sting trees ~ntended to be used for flee credit purposes, including tree credit calculations and the methods proposed to comply with preservation requirements. (4) The location, size. and species of all new trees required to meet the Tree Standard of 15 trees per acre. ~ncludlng the calculations that show how exJeting and new trees will comply w~th the ordinance. (5) When the penmetar art;I/or internal landscaping requirements for parking lots apply, the size and location of the parking lot(e), the number and stdplng of parking spaces, the calculations that show how many trees and shrut~ are required, the location of required plantings and planting areas, the Illustration of tree canopies asS0-feat wide radius circles. (6) When the property is required to provide screening for outdoor storage areas, the location and spec~cat~on of screening matenals. (7) when the property is required to prowde bufferyards, the location and specification of bufferyard materials. (8) The location of topsoil storage areas. (9) Identification of any trees eligible for Landmark Tree nomination and (10)Such other Information. as specified by the department, as may be reasonably necessary to administer and enforce the provisions of this article c Irrleation Plan The owner of any property to which this article applies shall submit a ~rngatlon plan In the form and manner specified by the Planning and Development Department before the approval of the final plat The ~rflgation plan shall contain sufficient detail, as specified by the department, to show the following (1) Layout of the irngation plan (2) Irrigation method(a) dsecrlption with product specifications ~ndicating Iow precipitation and water conserving heads (3) Control box and sensor specifications (4) Location of waler sources d Review and Approval of the Landscape and Irrigation Plen.~ The Planning and Development Department shall determine the completeness of the subm~ted Landscape and Irrigation Plans within two (2) working days The plan will be referred to the development review committee for its review and approval The committee shall return the plan to the department noting thereon its approval or d~sepproval If d~espproved, the commies shall specify the reasons why the plan does not comply with the prows~ons of this article Page 11 · Original Ordinance Approved April 7~, 1998 · Amendments Approved November 17~, 1998 · Or~gmal Ordinance Effective Date May 1*t 1998 · Amendments Effective Data December 1"t, 1998 · Plot plan Before the approval of any building permit application a plot plan must be subm~ted A plot plan for residential, multi-family, commercial or industrial use must be consistent with the Landscape Plan and it must show the limits of grading and ciesrence for building construction and ~mpervlous surface ~nstellation It shall also ind~cete spec. Jfic lot drainage patterns, the location of any trees preserved for credit on the approved landscape plan, trees to be removed, protection measures for preserved trees, and new trees to be planted For pro.~cis wCh detailed site, landscape, and construction documents, the plot plan requirement may be waived where all Information has been prewously provided (2) Alternative Compliance a Creation of Artificial Lot I If the platted property is over two acres in size, the applicant may request permission to create an *artificial lot" to satisfy the requirements of this chapter An ertific~l lot la Intended to provide administrative relief for large sites that will soh~ve planting areas that exceed substantially more than 20% of gross Hatted lot area after development la completed The Dlreotor shall approve the creation of an artificial lot only if the spirit and intent of this chapter will not be violated, If approved by the Director, ar~flclal lot lines shall be indicated on the proposed Landscape Plan and shall contain, at minimum, the total amount of impervious surface coverage, plus 20% of the area inside the artific~el lot reserved for required planting area 2 The area within the artificial lot lines shall provide trees and landscaping In compliance with the requirements of this section, and may not extend beyond the property boundaries of a single platted lot 3 The area outside the artificial lot shall be maintained as planting area with live vagetatlon determined by the applicant No trees located outside the artificial lot lines may be used for tree credits 4 The artificial lot lines shall include areas that, in the Director's opimon, are highly visible from public nghts-of-way or are necessary to accomplish buffedng of adjacent properties b Alternative Landscape Plan 1 Any property owner or developer may elect to submit an alternative landscape plan for City Council review and approval that fails to meet the requirements of this arts:la, but in the opinion of the applicant, satisfies the spirit and ~ntent of this article The Planning and Zoning Commission shall review the altamative plan and submit an advisory opinion to the City Council prior to City Council action Sec. 31-10 Enforcement, Penalties, and Fees (1) Bond/Ceah Deposit In lieu of installation of the landscape materials prior to occupancy, the applicant may pest a bond acceptable to the City, conditioned upon satisfactory mstalletion of the landscap:ng proposed in the landscape plan (2) Penalties That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $500 00 Each day that a provis;on of this ordinance is violated shall constitute a separate and distinct offense Page 12 · Ong~nal Ordinance Approved Apnl 7~ 1998 * Amendments Approved November 17~, 1998 · Ongmal Ordinance Effective Date May 1~, 1998 · Amendments Effective Date December 1~, 1998 Sec. 31-11 Civil Remedies (1) Nothing in th~s chapter shall be construed as a waiver of the C~ty's nght to bnng a civil action to enforce the prowslons of tnis chapter and to seek remedies as allowed by law. ~nciuding but not I~rn~ed to the following a Injunctive mhef to prevent specific conduct that wolates the ordinance or to require spec~c conduct that is necessary for compliance w~th the ordinance b A c~wl penalty up to $1,000 O0 a day when it is shown that the defendant was actually notified of the provisions of the ordinance and after receiving nobce committed acts In violation of the ordinance or fa~led to take action necessary for compliance with the ordinance Sec. 31-].2 Appeals Unless othenMss provided, an action by the City In determining compliance with the terms of this article refers to a determination by the Planning & Development Department er the Development Revmw Committee (DRC) The Developer/Owner of land subject to the requirements of this chapter may appeal any determination by the Planning & Development Department or the Development Review Committee under this chapter to the City Council for a final decision The appeal shall be in writing and shall be filed w~th the Planning and Zoning Commission, which shell make its recommendation to the City Council The City Council will not review the appeal of any determination by the Planning Development Department or the Development Review Committee w~thout first oMaining the recommendation of the Planning and Zoning Commission No plat or permit shall be approved by the Planning and Zoning Commission which vedas the terms of this chapter or which does not comply with the Planning & Development Department or Development Review committee's determination without final resolution of the appeal by the City Council Sec. 31-13 The City Council may adopt a fee or fees, in the amount to be established by ordinance, to administer and enforce the provisions of this Chapter Sec. 31-~.4 Confllet'mg Ordi~snee~ All ordinances or parts of ordinances In force when the provisions of th~s ordinance become effective which am inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of the conflict Page 13 · Onginal Ordinance A~proved April 7~, 1998 · Amendments A,opmved November 17~, 1998 · Original Ordinance Effective Date May 1't 1998 · Amendments Effective Date December 1'*, 1998 Sec 31-15 Selected Species List. Large and Medium Trees ~ommon Name Botanical Name Native Height & Width C. eddo Map~ Ac~ baf~a~n 'oaddo' ~O' x 4~ ' B~ltO~ Ma~e AC~ ~'.:lldental:um NatNe fiiY x 30, T~xas _~L_,c~..~e ~ a~puta Native 30' x 20' Chitlanw.q:xxlf Bu~y~ila lanu~i~ Native 40' x 30, INK:an Ca~f~ IIIIno~amia Na6ve 80, x 80, Deedar C~da~Cedma d~odam dl0, X 30, T~C.~_.~ Cup.~ Iceland# 40'x 15' Cul:xe.sus .rizonic~ 35' x 20' ~ .mimmon D~ rex. ns Ns~e ~0, x 20, VW~e Aah Naive ~0,x 50, Texas ~h F~ ~ensls NalNe 50, x 40, Thom~ ~H~'~t Glad~ txlanca~ I~ Naive 80, x 80' Nog~.o Ju;~m mk=~x:arpa N.eve 3~ x 2~ Black Walr~ jwlana nlF, Naive 80' x ~0, Red Cedar Junipems vl~nlana Native 40' x 10' cmma~t Juniper Jun~ v'~'nlana 'Cana~Ur 3~ x ~ Sweet Oum Uqu~d~lber ~/r~flom (culttvam) Na~ve 80, x 40' Mull~ Moms earn 'Fmitle~s' 3~' x 40' TE~.a~ Mulbe~ I~ I~bl~ NaUve 40, x 40' Blac~ Gum N~ a¥1vat~ca Native ~0, x 25' Af~mm Pl~e Plnu~ etdm~a 40, x 20, Aust~an Pine Plnua NI~a 40, x 25' Chin~ ~ PletacNa chlnesis 40, x 30, L~-.d~n Ptane Tree Platanua eea~f~la 50'x 3IS' ~Cottc~vood ~ cxm/x~m~lis (culUvar~) 70' x 80, popMua dato~,, (~mva~1 mY x 4~ Flowetlq Peer I~n~ ;a~ll~ana '.Ntatcx=mt' 30' x 20' Escarpment Live Oak Quercu~ fu~formls Naive 40' x 40' Lacey Oak Quercua glauc:olde~ Native 50, x 48' B~r Oak Quemtm mm=mcaq~e Native 60, x 40' Chinquapin ~ QUa~Ul muahlenbe~l Na~ve 60, x 40' Water Oak : Quamu~ nl~m Native 50' x 40' Wllk~w Oak ' Quam~ phe#es 80, x 30, 8humarcl Oak Quart:ua ehumatdlt Na~ve 70' x 50, Pt~t Oak Quamu~ otedJata Native 60, x 45' Texas Red Oak Quarcua tmmna Native 30' x 30' Coastal Uve'Oak Q~ vl~l~iana IcultNBm) Native 50' x 60, Westm'n ~l~p~w/7 ~ll31nd~a aaponaris v 'DnJrnmondl~ Native 30' x 20' Said Cypre~ Taxedlum dIMIchum 80, x 30' Utbe-leef Unden Tllia ¢xxdata 60, x 40, Winged Elm ' UIn~m alata Native 35' x 40' Arna~n Eltn Ulrmm americana Native 70' x 70' Cedar Elm Ulmu~ craa$~=lla Na6ve 50' x 40' Lacebark Elm Ulrnu~ F~rvlfolla 50' x 35' Slippef~ Elm Ulmu~ mbra Nedve 70' x 60' Page 14 · Original Ordinance Approved Apnl 7~, 1998 · Amendmenta Approved November 17~, 1998 · Original Ordrnance Effective Date May 1't, 1998 · Amendmenta Effective Date December 1M, 1998 Accent / Small Trees and Large Shrubs Common Nama Botanic, al Nama Native HoIgM & Width Roerner AC:K~ At. hi roam·liana 15'x 15 ! ~_~Qene~ &h~de ~ ~ (~a~) 1S'x 1~ O~ R~ ~ ~ ~ '~' ~ ~ x lff ~ N~ ~'x~ Ey~ ~e~ya H~e ~ x 1~ N~ R ~n H~ I~ ~um 'N~ R ~ ~ x 15' ~ H~ I~ ~ '~' ~ x 15 F~ I~x ~'F~'~ ~'x 15' ~ Ju~ d~ ~ ~e ~' x lg C~ ~ i ~ i~ (~) 15'x lr ~ ~ ~ ~ ~ N~e 15' x 1~ R~ ~p ~ ~ ~x 15' Chi~ ~M ~ ~ ~ x 15' Ja~ B~ P~ ~ ~ ~ x ~ T~ ~ ~ ~ N~ ~ x 15' ~ C~ b~ ~ ~ 25' x 15~ M~n ~m ~ ~ N~e 25' x ~' F~ ~ P~ u~ 15' x 1~ Ca~i~ ~ R~ ~ N~e ~ x 15' 6~ ~ Rh~ ~ N~ 16' x 1~ F~; u~ Rh~ ~ ~e ~ x 15' Ev~ N~b ~ T~ ~ ~ N~e ~ x 15' T~ ~ a~ ~u~ ~ ~ 15 x 1~ ~n ~ k~ U~ m~ N~ ~ x ~ ~ ~ ~n~a N~e 1~' x ~ Page 15 · Original Ordinance Approved April 7~, 1998 · Amendments Approved November 17~, 1998 · Original Ordinance Effective Data May 1*~, 1998 · A~nendments Effectwe Date December Im, 1998 Shrubs Common Name Botanical Name Height & W1clth ~ ~ Q~ C~ ~ ~ ~ 3' x 3' R~,~ ~~i ~x6' ;~,~ G~ ~~ l~x~ : :;~ ;~ ~ ~ I~ ~ 'H~' 3' x 4' ~ j~ Z x · ~V~J~ J~ ~ ~'~ V~' 5'x4' 3'x3' ~ H~M ~ M~ 4 x 4' ....... Na~ ~ (~am) Va~ v~ ....... R~ ~lb ~n ~ue' 3' x 4' 8~ ~ ~ ~ ~ 7' x 5' VanCE ~x~ 6'x5' Page 16 · Original Ordinance Approved April 7"~, 1998 · Amendments Approved November 17~ 1998 · Original Ordinance Effective Date May 1", 1998 · Amendments Effectwe Date December 1", 1998 Groundcovers Bedding Plants Botanical Name Aa~liatra elabo~' du~ ~ ~nes ~nl~l Name InMM h O~ C~um ~ium cv~ ~ Page 17 · Onginal Ordinance Approved April 7~, 1998 · Amendments Approved November 17n, 1998 ·Ongtnal Ordinance Effective Date May t"~, 1998 · Amendments Effective Date December 1't, 1998 Perennials Common Name Name A.carflhus Acanthus mo~lis Ho#yhock Yanow T~ G~ ~ M~ ~ E~m ~ T~ ~L~I E~ R~ Mal~ H~ ~ ~x~ T~'s ~p ~ ~m~m ~um N~ .~ ~m~ ~ ~) ~ ~ R~ R~ m p~ ~um ~ D~ MtI~ ' ~ v~ V~ ~ ~ m V~ ~ Page 18 · Ong~nal Ordinance Approved April 7~ 1998 * Amendments Approved November 17~, 1998 · Ong~nal Ordinance Effective Date May 1*t 1998 · Amendments Effective Date December 1't, 1998 Appendax A Amended Central Bus~ness Overlay Dtstnct BI Page 19 · Ong~nal Ordinance Approved April 7*, 1998 · Amendments Approved November 17t~, 1998 · Original Ordinance Effective Date May 1't 1998 · Amendments Effective Date December 1at 1998 Appendix B Fry SWeet Development Corporation Boundary O aD O O~ u mm mmmmm FRY ~m ? ? DEVELOPMENT I /] u~w.,~rvo~.o~. F~Y STREET A~EA TEXAS ~MPUS Page 20 · Original Ordinance Approved Apdl 7th 1998 · Amendments Approved November 17~ 1998 · Original Ordinance Effective Date May 1", 1998 · Amendments Effective Date December 1"t, 1998 C~ty of Denton Landscape Code Appendix C The Denton Municipal Airport Page 21 · Original Ordinance Approved April 7Ih, 1998 * Amendments Approved November 17~h, 1998 · Original Ordinance Effective Date May 1~t 1998 · Amendments Effecbve Date December 1St 1998 CIt~ ~ De~t~ I..m~ ~ SECTION II That any ~ ~ any ~ ~ ~s ~na~ ~all, u~ ~, ~ fl~ a ~m ~t ~i~ ~ ~ ~ ~y ~ a ~s~ ~ ~is ~n~ ~s ~ ~11 ~s~e a ~e a~ d~s~n~ SEC~ON III That ~ any ~on, subs~on, paragraph, senten~, clause, phra~ or word tn th;s ord~nan~, or appli~tion ther~f to any ~n or ~r~mstan~s Is held ~nvahd by any ~u~ of ~m~tent jun~;~on, su~ holding shall not aff~ the validly of the remaining ~ons of th~s ordinan~, and ~e C~ ~un~l of the C~ of ~, Texas he~y d~ams ~ ~uld have ena~ su~ remaining ~ons desp~e any su~ vahd~y SECTION IV Th~ all provisions of the o~man~s of the C~ of ~nton m ~fli~ ~h the ~ws~ns · ~s ordina~ am ~by r~l~, and all other p~vlslons ~ the o~inan~ of the C~ of ~nton, not ;n ~nfli~ ~h ~e ~s~ons of ~is o~inan~, shall remain in ~11 for~ and eff~ BECKON V Th~ this o~lnan~ shall ~me eff~ve on ~m~r 1a, 1~8, and the C~ ~s hereby dir~ to ~u~ the ~ion of ~is ordlnan~ to ~ pubhsh~ ~ ~n the ~nton R~-Chr~e, a da~ly n~r ~lsh~ In the C~ ~ ~Non, Texas, ~in ten (10) days of the date of ~s ~s~ge PASSED AND APPROVED this the day of ,1998 JACK MILLER, MAYOR ATTEST' JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM. HERBERT L PROUTY, CITY ATTORNEY BY Page 22 · Ong~nal Ordinance Approved April 7~, 1998 · Amendments Approved November 17~, 1998 · Original Ordinance Effective Date May 1~ 1998 * Amendments Effect~e Date December 1st 1998 AN ORDINA.NCE OF TH~ CITY OF DENTON, TEXAS, A~X, iENDING CI'IAPTER 22 "PARKS AND RECREATION~' OF ~ CODE OF ORDINA.NCES OF THE CITY OF DENTON BY ADDING AN ARTICLE RI PROVIDING FOP. PARK LA.ND DEDICATION OR PAYMENT OF CASH IN LIEU THEREOF AS A CONDITION TO SUBDI'V]SION PLAT APPROVAL AND PAYMENT ~OF PARK DEVELOPMENT FEES AS A CONDITION TO BUILDINO PERMIT ISSUANCE IN ORDER TO PROVIDE FOR NECESSARY PARK DEVELOPMENT, ESTABLISH~NO A SPECIAL FUND FOR MONEY PAID FOR PARK DEVELOPML=2q'r, PROV~DINO A PENALTY IN TH~ MAX~vlUM AMOUNT OF $500 FOR. V~OLATIONS THEREOF, PROVIDI~NG A SEVERABrI.ITY CLAUSE, PROV~IDINO FOR A SAVINGS CLAUSE AND PROVIdiNG FOR AN EFFECTIVE DATE WHEREAS, the Ctty Council for the City of Denton~ Texas has determined that the platttnl~ of re~denttal subdivisions and development of lots results m an increase of' populauon, wluch m turn creates a need for &ddlttonal netghborhood park land and park tmprovements, thereby placing an tnordmate burden on ex~sttng caty park sttes and faclhues, and WHEREAS, the Ctty Council finds that tt is m the pubh¢ mterest to msore that new resadantaal developments tn the Caty of Denton w~ll dedtcate sufficient land or w~ll otherwise provide for the development of park amemttes to meet the demand and need of future restdents of the development for open space and neighborhood parks which contain passive or actave recreational areas that are reasonably atmbutable to such new development, and WHEREAS, the C~ty Counol recogmzes that the estabhshmant of pubh¢ open space m the form ofnetghborhood parks ~s nec, e'~ary and m the interest of pubhc welfare, and that an effective method to provide for the same ~s the incorporation of procedures for the dedication of park land and f~olit~e~ rote the development process as set fo~h m the City's development rules and regulations, ordinances and state law, and WHEREAS, the Ctty Council ha~ conducted a pubh¢ heanng on the proposed re~ulations contained hereto, NOW, THEREFORE, TEE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the "Parks and Recreatton" Chapter of the Code of ordinances of the Ctty of Denton, Texas, be and the same is hereby amended by the addtt~on ora new Article RI entttled "Park Dedtcat~on", so that herea.qer sa~d a~cle shall be and read as follows P~GEI PARK DEDICATION ARTICLE III Sec 22-33 PURPOSE (a) T'tus Am¢le is adopted to pro,nde recrealaoml areas m the form of neighborhood parks as a funonon of subthv~on development of the C:ty of Demon. Th~s Amcle ~s enacted tn accordance wr& the home rule powers of the C~ty of Denton granted under the Texas Const~uuon, and the statutes of the State of Texas, mc. ludmg, but not by way of' hrmtanon, VTCA. Local C,-overnment Code, §51071 e~ seq (.orov~s~ons apphceble to home-role mumc~pahty) and §212 001 et seq (mumopal regulatton of sulxlnnaom and propecty development) It ~s hereby declared by the City Counol that recr~_nonal areas m the form of' netghborhood parks are nec. e~a~ and tn the pubhc welfare, and that the only adequate procedure to prowde for same la by mtegralm8 such a requtrement into the procedure for plamun$ and developing property or sulxhws~ons m the C~ty, whether such development consists of new restdenttal constructmn on vacant land or the addmon of new dwethng umts on exastm$ restdentml land CO) Neighborhood p~lcs are those parks providing for a variety of outdoors recreaUonal opportumues and w~thm convement chstances from a majority of the res~denc~ to be served thereby The pnnmy co~t of rm~hborhood parks should be borne by the ulmm~e re~dent~al propor~y own~ who, by rea.mn of the pro~c~mty of their proper~ to such park~ shall be the pnmery beneficlanes of tach fa~ht~e~ Therefore, the follovang requtrements are adopted to Sec 22-34 DEFINITION OF TERMS For purpose~ offs pohcy, tl~ follow.nB terms ~ be defined as follow~ (a) 'Dewlolmr/Owner" - rne~m tl~ le~l or beneflc~al owner or owners of a lot or any land proposed to b~ mc, luded m a proposed development including the holder of an optmn or contn~ to purcha~ or other I:m'son having an ~-.nforceabl¢ proprietary interest m such land. Co) "Res~denUal Sulxh~as~on" - nm~m the &vmon or rednaaon of land m~o tlve ($) or more lots, Iracts, s~tes or parcels for the purpose of developing res~dermal dwelling umt$ (¢) "Dwdhog Uvat" - means a bu~lchn$ or pomon of a building wlach ~ arranged, occupied or intended to be occupied a~ Inon$ quarters and includes fa~hl~es for food preparauon md (d) '~Ne~ghborhood Park" - O1:~ space area encoml~t~n8 live (5) to twenty (20) acres Neq~aorhood parks should prowde recreauonal land for residents vatlun an approximate one- halt(la) rrule senace rachus P~GE2 (e) "Park Dedication Reqtarcments"- Collectively, dedication and/or construction of park fac~hues, m heu dedication fee and park development fee Se~ 22-35 APPLICABILITY The park de&c,mon requirements of ~s Arncle shall apply to every res~dentml sub(hv~s~on and eve~ buddm$ pemut for construction of a dwelhn8 umt approved after the effective date of this ordinance, except as hereinafter expressly provided to the contrary (a) La~ dedmat~on requu'eme~ set forth in see 22-37 shall not apply ~o an apphcation for approval of a prelmunsry or final plat for a residential sulxrnns~on that was mtially filed before the effective date oftl'usordmance, and which plat has not expu'ed For all plat appL, caUons for a re~dential subdw~slon filed niter the effecuve date of thts ordmamce, land dedication and/or constru~on requirements for park facthue~ shall be nnposed at the tune of preimunaty plat approval (b) Reqmrements for payment of fee~ m heu of park land dechcation set forth tn sec 22-38 shall not apply to any ~ plat for a residential sub&v~on that was approved prior to the effecnve date of thru ordinance, nor to any appbcation for a braiding perrmt wthm such mbdiv~on thereaRer filed, prowded that no replat is necessary Fees m lieu of pad( land dedication for all other residential subdlvatons shall be paid at the tune of release of the iL'mi plat for any pomon of the subdr~sion by the City for filing m the Denton County plat records (c) Requirements for park development fees set forth tn sec 22-39 gudl not apply to any appb¢~_~on for a buddm~ pemut tn a re.dentrol sulxin~on that was filed prior to the ei~ectrve date of ti'ds ordinance Park development fees for all other re~dential bmldm8 pernuts shall be paid prior to issuance of such permits (d) Following ~tial ~npos.,tion and satisfaction of pmic dechcat~on reqturements~ addraonal requirements shall apply to rewsed plat apphcations for re~dential subdmslons and to re~.wed apphcat~ons for boldm8 permits to construct residential dwellings only d' s~ch reused or renewed apphc, a~on results tn an increase m the number of dwellm$ umts In such case, park dedica~on requu'ements then in effect shall apply only to the ad(htional dwelhn~ units proposed in the apphcauon Sec 22-36 PLANNING (a) h is the poh~ of the C~ty of Denton to reqmre Developer/Owners of residential sulxhv~ons and lots to provide for park land and park faahties at the time of development approval tn proportion to the need for such u~provements created by the developments and m propomon to the benefits received ~om contnbuuon of such faohties It ts the City's further pohcy to ~rnpose park dedication requirements consistent vath the City's Comprehen~ve Plan and offJctally adopted park and recreation plan P~GE3 (b) The C~ty of Denton shall requtre developers of res~denaal subdivisions or lots to dedicate land for neighborhood parks, make payment of cash m heu thereof, make payment of cash for park development fees or construct recreational or park tmprovements m heu thereol~ or requu'e dedication of adcht~orud pa~k land, as herema~er provided, for park purposes to meet the park and recreational needs as a condmon of the development approval The Oty shall have the nght, m ~ts sole a,scret~on, to reqture a combination of park land dedcat~on and/or payment of cash m heu thereo~, azxi/or payment of cash for park development fees and/or construa~on of recreational and park ~mprovernents m heu thereof m order to meet park ded~on reqtarements (c) The Cl~ of Denton shall ba~ park dechcat~on reqmrements on ~he aumber of persom to resade m a development The standard for pubhc pa& land shall be 2 5 acre~ pa~ 1,000 populauon For each rns~dent~ai subdv~s~on, the following ~rmula shall be used to calculat~ pa.,k land needs 2.$ Acres x (No. ofUmt~ x (Persons/Unn~ -- Acre~ to be dedcated 1,000 populauon The number of persons per umt shall be based on both current U $ Census mformat~on and da~a compded by ~ CT and shall be pa~od~cally renewed and updated The following /igurns represent the average number of persons per umt by current den.~ty categoric% and shall be used to calculate park land dedications I Smile Fanaly Detached/Duplex 2 8 Parsons/U~ut 2 Mult~oFarruly I 8 Persons/Umt (d) Park Development Fees shall be ~ upon an assumed cost of typical unproveme~ for a fiv~ (5) acr~ n~ghborhood park of $208,000 Development costs shall be appocaoned among typ~ of dwellings umt$ and park development fee~ shall be charged m accordance w~th I Smile Fan~y Dwelling $291 2 Mulu. Fan~y Dwelling $187 (e) Where a ~ub~tantml private park and recreauonal area ~ prowded m a proposed sub~v~s~on and such area Is to be pnvately owned and maintained by th~ future r~dents of~h~ subd~sion, partial credit may be g~ven to the Developer/Owner, not to ~¢_,~__ 50% of the total acreage requ~ements for land dedication ~fthe Caty f~is that ~t ~s m the pobh¢ mter~ to do so and that all the following standards are me~ (1) That yards, court area% setbac~ and other open areas requ~ed to be maintained by the zoning and sub~ws~on rule~ and regul~ons ordmancea shall not be mchded m computation of such pnvate open space, P~GE4 (2) That the private ownership and matntenance or' the open space ~s adequately provided for by recorded agreement, covenants or restrictions, (3) That the use of the private open space ~s restricted for park and recteauon purposes by recorded covenant, wiuch runs w~th the land tn Favor or Future owners of the property and wluch cannot be defeated or ehmmated wuhout the written consent of the City or (4) That ~ proposed private open space ~s reasonably ~_a~?.able for u~e for park and- recteauonal purposes, tak~ into con~dera~on such fiu~ors as topography, 8eolosb,, access and Iocauon, (5) That Fac~ht~es proposed for the private open space are m substantml accordm,~e w~th the pmwaons of the Compreben~ve Plan, Parks and Recreauon Plan and other adopted plato or'CmA and (6) That the private open space for wtuch crecht ~s grveu ~s a ~ of'two (2) acres and pmwdes a nmumum of tour (4) of the local park dements hsted below, or combma~on oF such and o~' recreauomd ~mprovements tha~ will meet the spec~c recreation park needs ot'the Future resadents or'the area Criteria L~st Ctecht Acres Chddreu's play apparatus area 50- 75 Landscape park-like and qtuet areas 50 - 1 O0 Family p~cmc area 25 - Game court area 25- 50 Turt'playfleld 1 O0 - 3 00 Swmm'an8 pool (42' X 75') [vath adjacent deck and lawn ere~] 25 -50 Recroauon center budding 15 -25 RecroaUon commumty 8ardemng 15 -25 Bel'ore crecht ~s gn~en, the Qty shall make written findings that the above standards are Sec 22-37 LAND DEDICATION (a) Dedlcaaon oF park land shall be propomo~ to the number and ~ oF dweirm8 units proposed t.or a re~denual subdr~s~on The number oF actee or'land to be dechcated shall be determined usmil the t'ommla m sec 22-36(c) (b) Where a proposed re~demlal sub<by.on con~am~ mulu-fiu~ly dwelhn~ un,ts and mi'ormadon ~s not provided concerning the number et' tach umts, the Cm~ ~ a..qume the h~sh~ den.say allowed tot the property to determine the projected population for the development P~GF~ (c) The I~md mqutred to be dedicated or conveyed may be located ms,de or oumde the sulxhvmon development so IonS as the land is located w~t~n one-half (1/2) to one (1) nule of the periphery of the development so as to serve or benefit the readents of such sulxin~s~on. (d) The Pa:ks and Recreation Department, based upon review of the prehmmaty plat, uutmlly shall determine the feas~bd~y of park land dechcauon for a re~den~d subdras~on and the amount of land to be de&cared to the Ot7 for ne~ghbort,,cxxl park purposes, tmh:nn8 ste selecaon entena cotmuned m sec 22-41 The Department's determuumon shall be forwarded to the Denton Department of Planmn~ and Development for processm$ w~th the prelunma~ plat (e) In res~dentmi sub&vmons w'mch are to be i:latted m two or more phases, the reqtumd park land dechcauon, pursuant to th~s ordinance, must be provided m each phase of the sulxflv~on w~th one exception In ~ sole chscreUon, the Cra/may authorize the developer to reserve park land for de&caUon m subsequent phases of the sub&vmon by paym8 into a Oty escrow fund a dollar amount equal to the fees m Ecu of dechca~on otherwee due for the phase under sec 22.38 The form and provmons of the escrow a&reemem shall be approved by the C~'y Attorney and C~ty Engineer The escrow fi. rods must be pa~d to the C~7 pnor to the fdm8 of the lust pkue ~ plat and shall be maintained m the escrow fund pending the platting of the project phase that contauts the park land to be dechcated ~w funds wdl be returned to the developer, vathout mteresL upon the ~qg of the final plat for the subsequent phase that de&cate~ the requtred park land In adcht~on, the developer shall de&cate a revemonary pubhc access easement on the Creel plat of the imt~al phase(s) where necessary to provide effecttve pubhc n_cc~s, maintenance and use of any park land to be dechca~ed (f) Ifa replat ts Rled, the de&catmn reqmrements shall be controlled by the regul~ons m effect at the tune of original platlmS, e~cept that land dechca~n (or tee m beu of) requu'ement~ then tn effect shall be apphed to any adch~onal dwelhn8 umts proposed for the replat Sec 22-38 PAYMENT OF FEES 1N Ln:U OF PARK LAND DEDICATION (a) Ii'the calculation for required park land w~thm the proposed subch,as~on development results tn ieas than five (5) acres or does not meet cnterm asper sec 22-41, the Parks and Recreet~n Department shall detem~ne the amount of a fee m heu of park land dedication tn *_ccordence Co) The amount of the fee m heu of park land de&cat~on shall be calculated as follows The Department lust shall deterrrune the total amount of land reqmred to be de&cared m accor~ w~th sec 22 -37 The value of the land shall be calc~d~ted as the averase estu~ated fair market value per acre of the land being sub&v~ded at the tune of prehnunary plat approval, reduced by the value of any land actually to be de&cated for park purposes The net value of the land othen~se to be de&cared shall be appomoned amon8 the total number of dwdlm8 umts proposed for the ras~dentud subd~vmon and by dwe~n8 umt type (c) If the Developer/Owner obJects to the fair ma,-ke~ value deternun~on, the Developer/Owner, PAGF~ at tus own expense, may obtain an apprmsal of the proper~ by a State of Texas cerufied re~i estate apprmser, mutuatly a~reed upon by the C~ and the Developer/Owner, wl~ch appmsai ~ be considered by the C~ m determining fmr market value All cost~ reqtm'ed to obtain such appmsal ~ be borne by the Developer/Owner (d) Park dechcauon fees shaH be unposed ~tthel~meof'pretunma~plat ~proval Fees shali be prod prior to release by the C~ of any final plat for film8 ut the deed records of Denton County Pad~ dechcat~on fees estabhshed for the prelmun~ plat shall apply to subsequent approved f~nai pla~ for a period of two y~ars from the d~te of prehmma~ pint approvnl by th~ Plannm8 and Zonm& Co~ Thereafter, park dedcat~on fees shall be rede~enmned and applied to ~ plats tn accontance vath subsecaon (b), unn& current appnused value of land m_ the sulx~vmon at nme cf ~ plat subn~ttal (e) All fees collected shall be used for the acqtusmon of land for a neghborhood park, or development or construcaon of u~orovemenu to ex~tm8 park land, vathm one-half(l/2) tnde of the periphery of the proposed subchvinon development However, ~ [ 1] ~ach acqtusmon opportuni~es are not evadable, or [2] exWang padc land ~s already developed or nv. proved, within one.half (1/2) mile of the proposed subdn~on development, then areas wlthn one (I) nuio of the periphery of the proposed sulxin~on development may be cormdered for the acquisition1, of neighborhood park land and/or construclaon of unproveme/IL~ to e~as~n~ park land w~thln such periphery Sec 22-39 PAYMENT OF PARK DEVELOPMENT FEES (a) Park development fee~ shall be estabhshed for the purpose of fundm~ n~hborhood park improvemer~ Fec~ shall be propomonal to the cost of ~hborhood park fac~ the demand for which ~s se~e~__~ by each new dwelling urut Fees shall be estabhshed sepamely development fees are ~et fotlh h sec 22-36(e) (b) Park development feea ~i be mgx)sed at the t~me of budding perrmt apphcat~on and ~ be laud prior to ~ssuance of building penmts for the number of dwelhng umts de~tgnated m ~he apphcat~on (c) Park development ~ shall be expended on park unprovements located m a neigblx)thood park that benefi~ the dwelling umt paying the tee, typically ~ntlun one-hair (1/2) to one (I) nule of the subdiws~on tn whch the dwelling urat t~ located The cntena for selec~on of the park sate for improvement~ shall be the same as set forth m sec 22- 41 (d) The standard costs for development ora neighborhood pm'k as set forth m §22-36(d) may be updated from tune to t~ne on the bas~s of current development costs, and park devdopment fees shall be adjusted to reaect such updated development costs PAGE7 Sec :22-40 SPECIAL FUND, RIGHT TO REFUND (a) There ~s ~'eby established a spectal fired for the deposit of' all fee~ m beu of park land dedication collected under this article, which fund shall be known a.s the park land ded~cauon fund Within the fund, fees paid shall be earmarked for acqumuon of new neighborhood parks or for tmprovements tn ex~s~n$ parks se~'aily located wnhm one-half (1/2) to one (1) retie of the res~dentml sub&vmon upon which the fee ts ~posed (b) There ts hereby estabhshed a specud fund for the depost of all park development fees collected under flus am~le, which fund shall be known as the park development fund Within the fund, park development fees prod shall be earmarked for expenchture on park m~provernents m a neighborhood pa~k genendly located vathm one-half (1/2) to one (1) nule of the sulxhvmon m which the dwelling u~ for wl~ch the fee ts ped ts located (c) All fee~ m heu of park land dechcanon and all park development fees paid must be expended wtthm ten (10) years from the date of receipt for park faohues bendltm8 the resdeni~al subchwston or dwellm8 urat for wiuch the fees are paid Fees sludl be consdered expended ~ they are spent for acqtusmon or development, ri~ecuv~, of neg, hborhood parks located vathm one-half (1/2) to one (1) hale of the mbdiv~on for which the fees were paid vatlun the entnled to a refund of the pnncapal deposited by the Developer/Owner m such fund, tosether w~th accrued interest The Developer/Owner must recluesl such refund m writing vatlun three hundred sm'y-five (365) days of entitlement or such right shall be waived (d) Interes~ accrum$ to the pa~ land dechcauon fund ~xi to the park development fund shall be expended on neghborhood park land acqumt~on and for neghborhood park tmprovements, respecuv Sec 22-41 SITE S~.L~CTION/CHARACTEKISTICS OF PARK (a) In selectin8 a s~te for a park, the Cny shall avoid an accur~!st~on of unrelated parcels ofhnd or an aocumula~on ofland unsuitable for park purposes Parks shall be selected on the basis of obtaining natural, Park-hke settmSs wbere available and shall consst of averse topography and open space sutable for the development of'recreauonal (¢) NelShborhood park suze should be a minimum of five (5) acres and obtained as one complete parcel H'a development parcel camot prowde the nunmmm five (5) acre parcel or & smaller parcel wluch can potenttally be contiguous to ex.tinS or R~ture park parcels, then a fee m heu of park land or a combination of fee and park land dedicat~on shall be requu'ed tn accordance vath sec 22-37 (d) Park s~tes shall be located, whenever posstble, adjust to and conuguous w~th school shes and other pubhc or non-profit a&ency s~tes m order to nutke maxu~um use of common faohues and P~GES groun~ (e) Careful consideration shall be g~ven to the need for development of parks around natural drainage and wooded areas, which prowde potenual recreauonal uses Criteria for floodplain areas (based upon 100 year storm) usage ~s as follows I Floodplain and -natural dramase areas shall generally not exceed seventy five (75%) percent of'the total park me 2 At lenst ffl~y ($0%) percent of requtred dechcatecl padc land shall have slopes m ~e of 2-5%, well drained, and stntable For active use development 3 Floodplain aereage may be dadzcated at a ratio of three to one (3 1) m acres m heu ot' non.floodplain property Any conndera~on ot'eddzUonal floodplain acreage shall be as a&reed upon between the Parks and Recreauon Department and the Developer/Owner (f) Proposed park land boundaries shall pro.de street frontage for r~a,ly ~_eeess~ole ent~ into the park area by the pubhc and waler, samta~ sewer and electric m~provements shall be r~d,ly avadable to the padc eom an adjacent street rigid-of, way or pubhc uul~ easenent If the Developer/Owner requests delay m the constru~on of'~d rmprovements because ofphasmg of'sub<h~ston development, the Developer/Owner shall escrow ~c~ent funds m behalf'of the City, the form and provisions of'such escrow agree~ent shall be approved by the CRy Attorney and the C~ty Engineer, to cover the cost of such conattucuon as daternuned by the Csty Engineer (g) Prior to dechcauon of'land, the Developer/Owner shall make Rill d~sciosure of' the presence of' any I~--rdous substances anti/or undes~round storage tanks (U S T 's) of wtuch the Developer/Owner bas imowled~e The C~T, at ~ cl~reuorg may proceed to conduct such m,'tial e~e~ronmental tests and surveys on the land, as ~t may deem appropmte, and the Developer/Owner shall grant to the Csty and ~ agents and employees such reasonable to tbe land as ~s na:assary to conduct such surveys and tasts 01) If the results of such sul~teys and t_,~_._~ tnchcate a reasonable po-.a~'bdlty of env~onmental contamination or the presence ot' U S T s, the City may requzre ~ survey and tests to be performed at the Developer/Owner's expense as the C~ty may deem r~r__~_~_,y prior to · _e¢~tane, e of the dedzcauon, or m the altemauve, the Developer/Owner may be reqmred to zdenufy altemauve property or pay the tees tn heu of ~ch park land ded~catzor~ (0 The park site shall be fi'ee ot'lrasl~ and debns and tt'the dechcated park lancl's natural conchuon ~s chsturbed dunng construcuon of' su~on smprovements then Developer/Owner shall be responszble for returning the dechcated land to ~ts natural conchuon pnor to or at ~ tune of final plat filing and the pubh¢ unprovements to be constructed per the apphe, able subd~vtnon plat ~ not be accepted by the CRY unul such tm~e that the above conchuons have been met P~GE9 Sec 22-42 DECISION MAKING, APPEALS Unless othervase pro~ded here~n, an ac0on by the City m determmtng comphance vath the terms of th~s article refers to a determmauon by the Parks and Recreation Department The Developer/Owne~ of la~l subJeCt to park dedication requu'ements may appeal any determination by the Parks and Recre~taon Del:mrtment under ttus ert~cle to the C~ty Counol for a final decision The appeal shall be ua wntm8 and shall be ~led with the Planmn~ and Zonm8 Comrm~lon, which shall make ~ts recommendaUon to the City Counotl The CRy Counotl vail not review the appeal of any determmauon by the Parks and Recreauon Department vathout first obtsmmg the recommenOnon of the Plann~ and Zoning Coiih~_*-~on. No flnnl plat shall be approved by the Planning ~ Zonm8 Comm~on which vane~ the terms of thss aracle or which doe~ not comply wr~h the Parks and Recreanon Department's deternun~on Mthout f~l re~olut~on ofthe appeal by the City Courted SECTION fl That any person wolatmg any prows~on of thts ordmanoe shrill, upon conwct~on, be freed a sum not exceedm~ a ma.~num amoont of 500 00 Each day that a prov~on of th~ ordinance is v~olated shall constitute a ~mrate and obstruct offense SECTION ~. That tf any section, subsecuon, paragraph, sentence, clause, phrase or word m th~s ordinance, or apphca~on thereof to any person or cux:umstancas ~s held mvahd by any court of competent juns&ct~on, such holdm~ ~ not affect the vahd~ty of the remamm~ potions of th~s ordinance, and the CRy Counc'd of the City of Denton, Texas hereby declares fl would have enacted such remamm~ portions despite any such vahchty ~ ~ ~v~ and except as amended hereby, all the provmons, se~aom, subsections, panlgraphs, sentences, clauses, and p~ of Chapter 22 of'the Code of Ordmance~ shall remain tn full force and effect SEC~ON V. That tlus ordumr, e shall become effec~ fourteen (14) days fxom the date of its pas~e, and the CT Secretary ~s hereby du-ected to cause the c. apuon of ~s ordinance to be pubhshed trace m the Denton Record-Chromcle, a ~ newspaper pubhsbed m the City of Denton, Texas, vathm ten (10) days of the date ofits pass~e . . PASSED AND APPROVED tlus the /7~-'''~ day of JAC~"EP~ lv~AYOR ATTEST JENNIFER WALTERS, CITY SECRETARY PAGE 10 APPKOVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents~Resolutlons\00\q'xDot Master Plan Grant doc RESOLUTION NO ~7~- ff3~ A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE ACCEPTANCE BY THE CITY OF DENTON OF A GRANT FROM THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO A MUNICIPAL AIRPORT MASTERiPLAN, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C,ty of Denton ,ntends to make certmn ,mprovements to the Denton Mumc~pal A~rport m accordance w,th a Master Plan (the "ProJect") to be developed by the City through financial assistance from the Texas Department of Transportation ("TxDot"), and WHEREAS, the C~ty of Denton will be respons,ble for 10% of the total Project costs currently esnmated to be $120,000, and WHEREAS, the C~ty of Denton names TxDot as ~ts agent for the purposes of applytng for, receiving and disbursing of all funds for the Project and for admm, strat~on of contracts necessary for the ~mplementaUon of the Project, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS SECTION 1 The recitals contained above are ~ncorporated ,nto the body of this resolut, on as ~f further set forth hereto SECTION 2 The City Manager, or his desxgnee, ,s directed to execute on behalf of the C,ty of Denton, at the appropriate t,me, and w,th the appropriate authonzaUons from the City Count,l, all contracts and agreements w,th the State of Texas, represented by TxDot, and such other part, es as shall be necessary and appropriate for the ~mplementat,on of the ProJect, lncludmgl w~thout hrmtat, on, the CertlficaUon of Project Funds, the DeslgnaUon of Sponsor's Representative, the Designation of Sponsor's Consultant Selection Commattee, and the Aviation Capnal Improvement Program, attached hereto and made a part hereof as Exh~b,ts A, B, C, and D, respectively SECTION 3 Th,s resolution shall become effecttve lmmedmtely from and after ,ts adopUon, ADOPTED th,s the ~"~'~'"'t~day o f ~/X.~ ,2000 EULINE BROCK, MAYOR ATTEST W, TERS,FITY SECRETARY S \Our DocumentsLResolut~ons\00\TxDot Master Plan Grant doe EXHIBIT A CERTIFICATION OF PROJECT FUNDS C~ty of Denton Denton Mumc~pal A~rport 1, Kathy DuBose Ass:tstant C~.ty Manager of F~_nanee (Name) (Title) do hereby certify that sufficient funds to meet the C~ty of Denton share of project costs as ~denhfied ~n the resoluhon for sad project and will be avadable in accordance w~th the schedule shown below SPONSOR FUNDS Source Amount Date Available General Fund $12~000 October 1, 2000 C~ty of Denton, Texas (Sponsor) Title Ams~mtant C~ty Manager of Finance Date July 25, 2000 EXHIBIT B DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE City of Denton Denton Mumc,pal A~rport The City of Denton hereby designates Michael W. Jez, Cxty Manager (Name, Title) as the authorized representattve for the airport master plan project, who shall have the authority to make approvals and disapprovals as required on behalf of the City of Denton City of Denton, Texas (Sponsor) Title City M~nag Date July 25, 2000 DESIGNATED ~P~SENTATIVE Maflmg Address 215 East McKinney Denton, Texas 76201 Overmght Mailing Address Telephone/FaxNumber (940) 349-8306 (940) 349-8596 fax EXHIBIT C DESIGNATION OF SPONSOR'S CONSULTANT SELECTION COMMITTEE City of Denton Denton Municipal A~rpoa The City of Denton hereby designates the following named individuals as the Consultant Selection committee for the atrporl master plan project Name Title (if appropnat~ Jerry Clark, Director of Engineering and Transportation Rzck Woolfolk~ Chatrman~ Airport Advisory Board Linde Ratl~ff, Director of Economic Development Mark Nelson, Airport Manager The City of Denton has caused this to be duly executed in its name, this 25th day of July ,2000 City of Denton, Texas (Sponsor) EXHIBIT D RESOLUTION NO ~- ~ A RESOLUTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED RETAINED EARNINGS OF THE WATER FUND WITH CERTIFICATES OF OBLIGATION FOR SOLID WASTE LANDFILL CONSTRUCTION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton (the "Issuer") ~s a mumclpal corporatlon/pohtical subdlvmlon of the State of Texas, and WHEREAS, the issuer expects to pay expenditures for payment of contractual obhgatlons for construction activities m connection with the expansion of landfill cells 2A, 2B, and 2C, which were prewously approved ~n the 2000-2001 CIP Budget and is described ~n Attachment "A", and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent w~th the lawful object~ves of the Issuer and, as such, chooses to declare its ~ntent~on, in accordance with the provisions of Section 1 150-2 Treasury Regulations, to reimburse itself for such payments at such time as it ~ssues the obligations 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 obligations, with an aggregate maximum pnnmpal amount equal to $2,397,865 for the purpose of paying the costs of the ProJect, as set forth m the attached Attachment "A" SECTION 2 All costs to be reimbursed pursuant hereto will be for construction of public works as authorized by SecUon 271 045(a)(1) of the Texas Local Government Code No tax-exempt obhgatlons will be issued by the Issuer in furtherance of this ordinance after a date which is later than 18 months after the later of (1) the date the expenditures are prod, or (2) the date on which the property, w~th respect to which such expenditures are made, ~s placed in service The City Manager has requested, and a transfer of $2,397,865 ~s hereby authorized from the unencumbered appropriated balance described as the Unreserved Retmned Earnings of the Water Ftmd to a fixed asset account within the Solid Waste Department, m compliance with Section 8 07 of the City Charter All amounts expended from the Unreserved Retmned Earnings for the ProJect set forth m Attachment "A" to pay any costs of the ProJect shall be reimbursed from Certificate of Obhgatlon bond proceeds wlttnn the 2000-2001 fiscal year SECTION 3 The foregoing notwithstanding, no tax-exempt obhgaUon will be issued pursuant to th~s resolution more than three years after the date any expenditure which is to be reimbursed is prod SECTION 4 This resoluUon shall become effective ~mmed~ately upon ~ts passage and approval S \Our Documents'xResolut~ons\OO\Land Fill Pro. lect Reimbursement doc PASSED AND APPROVED thls the ~4Cd day of C~4~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY // API~R. OVED AS TO LEGAL FORM Page 2 ATTACHMENT A CIP PROJECT 2000-2001 Expansion of Landfill Cells 2A, 2B, and 2C $2,397,865 Page 3 S \Our Docume0ta\Resolut~ons\00\911 budget doc RESOLUTION NO 4~000-0~ 7 A RESOLUTION APPROViNG THE FISCAL YEAR 2001 BUDGET OF THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO TEX HEALTH & SAFETY CODE {}772 309, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Denton has been presented the 2001 Budget of the Denco Area 9-1-1 District for approval, in accordance with Tex Health & Safety Code {}772 309 Ogemon 1999), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City Council of the City of Denton hereby approves the 2001 fiscal year budget of the Denco Area 9-1-1 District SECTION 2 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the~- day of ("~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY /7' APP~OMED AS TO LEGAL FORM HERBERT-- L PROUTY, CITY ATTORNEY RESOLUTION NO A RESOLUTION OF CITY OF DENTON, TEXAS PROVIN A NONRESIDENTIAL PROJECT PLAN FOR CHILDREN LIGHTHOUSE CHILDCARE LEARNING CENTER, BEING AN APPROXIMATE 1 73 ACRE SITE LOCATED ON THE EAST SIDE OF TEASLEY LANE APPROXIMATELY 700 FEET SOUTH OF HICKORY CREEK ROAD, AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-010, CHILDREN LIGHTHOUSE CHILDCARE LEARNING CENTER) WHEREAS, on March 2, 2000 the City Council adopted Ordinance No 2000-069 which established certmn nonresidential interim regulations (the "Nonresidential Interim Regulations"), and WHEREAS, the Nonresidential Interim Regulations estabhshad, among other things, a project plan reqmrement, and WHEREAS, the owner of an approximate 1 73 acre tract of land zoned neighborhood servmes-condltloned (NS[c]83) and described as Lot 1, Block A of the Children Lighthouse Chfldcare Learning Center Addmon has made an apphcaUon 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 C~ty Council finds that the Project Plan, w~th the conditions imposed herein, ff any, meets the requirements of the Nonres~dentml 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 SECTION 2 Th~s resolution shall become effective ~mmed~ately from and after its approval ,2000 PASSED AND APPROVED this the day of EULINE BROCK, MAYOR ATTES'r JENN~ER WALTER~S,~ITY SECRETARY BY ~ ~__~/ ~ EXHIBIT A ~_s.rIOH.LHE)I"I SN~I::IO=IIHO Next Document A RESOLUTION OF THE CITY OF DENTON, TEXAS URGING THE TEXAS LEGISLATURE TO SUPPORT CHANGES IN STATE LAW TO CREATE A DEPOSIT SYSTEM FOR GLASS AND PLASTIC BOTTLES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, discarded glass and plastic bottles an vacant lots and along city rights of way causes cities to expend additional revenue to remove the litter, and WHEREAS, m addition to the latter created by discarded glass and plastic bottles, cities with a population of less than 100,000 or more that will be required to have a National Pollutant Discharge Elimination Permit issued by the EPA to momtor and reduce floatables an storm water, and WHEREAS, cities conduct clean-ups at different times of the year, but the problem of glass and plastic bottles persists, httenng vacant lots and city rights of way and lnterfenng with the city's storm water system, and WHEREAS, Iowa and Maine have implemented a glass and plastic bottle deposit system and have reduced httenng, and WHEREAS, the Texas Municipal League adopted Fort Worth's resolution to support the establishment of a state wade deposit system for glass and plastic bottles, and WHEREAS, the C~ty Council of the City of Denton desires to adopt a resolution to urge the Texas Legislature to support changes an state law to create a deposit system for glass and plastic bottles NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 That the City of Denton desires to help Ft Worth an its effort to support a legislative change for a state wide deposit system for glass and plastic bottles SECTION 2 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED th~s the /~-~'- dayof ~_~Z-- ,2000 ! EULINE BROCK, MAYOR S \Our Documents'uq.esolut~ons\00\plast~c bottle resolution doc ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY S \Our Docur0ents~Resolutlons\00\central apprmsal district budget doc RESOLUTION NO ?~0~- 0¢[ A RESOLUTION OF T.E C.TY Or DENTON, TEXAS, ~PROV~O THE 2000-200~ EFFECTIVE DATE WHEREAS, the 2000-2001 proposed budget of the Denton Central Appraisal D~stnct was submitted to the City of Denton on June 26, 2000, and WHEREAS, the Denton Central Apprtusal D~stnct adopted th~s proposed budget on July 13, 2000, and WHEREAS, the proposed budget contmns a hst showing each proposed pos~t~on, the proposed salary for the pos~t~on, all benefits proposed for the positron, 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 City Council, pursuant to Artmle 6 06 of the Texas Tax Code, approves the 2000-2001 budget adopted by the Denton Central Apprmsal D~strlct SECTION 2 That th~s resolution shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED tlus the /~.9~q"'~ day of ~~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY RESOLUTION NO ~0~'~ 0~ A RESOLUTION SUPPORTING THE MAJOR INVESTMENT STUDY FOR INTERSTATE 35-E FROM STATE HIGHWAY 121 NORTH TO THE CITY OF DENTON BEING CONDUCTED BY THE TEXAS DEPARTMENT OF TRANSPORTATION, AND ENCOURAGING TEXAS DEPARTMENT OF TRANSPORTATION OFFICIALS TO CONSIDER ANY MEANS POSSIBLE THAT WILL EXPEDITE THE SCHEMATIC DEVELOPMENT PHASE OF THIS PROGRAM TO A COMPLETION DATE NO LATER, AND PREFERABLY SOONER THAN DECEMBER, 2001, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas is experiencing rising growth rates and is part of a north Texas region that continues to grow rapidly northward from the Dallas - Fort Worth Metroplex, and, WHEREAS, Interstate 35-E is a major thoroughfare through Denton and represents the primary artery for the flow of traffic and goods from Canada through the United States to Mexico, and, WHEREAS, comprehensive expansion and other improvements to 1-35 are needed to accommodate present and future population growth in the Denton area to both improve safety and optimize traffic flow, and, WHEREAS, the Texas Department of Transportation (TxDOT) is presently engaged m conducting a Major Investment Study (MIS) of the Interstate 35-E comdor from State Highway 121 north to the City of Denton that is to include strategies and alternatives for funding various improvements to Interstate 35-E, and, WHEREAS, an expedient completion of the schematic development phase of the MIS program is considered essential to maintaining sustained economic prosperity m the Denton, Texas region, and WHEREAS, the Board of Directors of the Denton Chamber of Commerce passed a resolution supporting expeditious completion of the Interstate 35-E Major Investment Study on July 19, 2000, and WHEREAS, the City Council of the City of Denton desires to support the MIS program for the expansion of Interstate 35-E NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES Section 1. The Denton City Council supports the MIS program for Interstate 35-E fi.om SH 121 north to Denton being conducted by the Texas Department of Transportation and encourages TxDOT officials to consider any means possible that will expedite the schematic development phase of this program to a completion date no later, and preferably sooner, than December, 2001, and, Section 2 Cop~es of this resolution shall be dtstnbuted to other elected officials, c~t~es, and chambers of commerce along the Interstate 35-E corndor that are ~mpacted by this transportation program Section 3. That this resolution shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED this the /~ day of ~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY B ,~ APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents'~t. esolut~ons\00\CC AIS I 35 MIS Res I aug00 doc RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING A PROPOSAL ON THE SEPTEMBER 5, 2000 CITY COUNCIL PUBLIC MEETING AGENDA TO ADOPT A 2000 TAX RATE THAT WILL EXCEED THE LOWER OF THE ROLLBACK RATE OR 103 PERCENT OF THE EFFECTIVE TAX RATE, CALLING A PUBLIC HEARING ON A TAX INCREASE TO BE HELD ON AUGUST 29, 2000, REQUIRING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON A TAX INCREASE IN ACCORDANCE WITH THE LAW, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council desires to adopt a tax rate of $ 52815 per $100 valuation, which 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 2000 tax year of $ 52815 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 Cotmcd hereby approves the placement of an item on the September 5, 2000 City Counc,1 public meeting agenda to vote on a proposed tax rate of $ 52815 per $100 valuation that will exceed the lower of the rollback rate or 103 percent of the effective tax rate S~CTION 3 The City Council hereby calls a public hearing on the proposed tax increase to be held in the City Council Chambers at City Hall located at 215 East McKlnney Street in Denton, Texas 76201 on August 29, 2000 at 6 00 p m The public heanng will not be held until at least seven days after notice of this public heanng has been published in the Denton Record- Chromcle, a newspaper having general circulation within the City, in the form of the attached Notice of Public Heanng on a Tax Increase, which is made a part of this resolution for all purposesi The City Manager and the Assistant City Manager for Fiscal & Munm~pal Services are hereby directed to publish said notice m accordance w~th th~s resolution and in accordance with Tex Tax Code §26 06 At the pubhc heanng, the City Council wall afford adequate opportunity for both proponents and opponents of the tax ~ncrease to present their views SECTION 4 This resolution shall become effectwe unmethately upon its passage and approval at a regular meeting of the City Council of the Cxty of Denton, Texas on flus the 15th day of August, 2000, at Much meeting a quorum was present and the meeting was held ~n accordance with the provisions of Tex Gov't Code §551 001, et seq The City Secretary ~s hereby directed to record this resolution and the vote on the proposal to place the ttem for a tax increase on the September 5, 2000 City Council agenda EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY Councllmember [ /)/ Voted For Voted Against Euhne Brock, Mayor x Rom Beasley, Mayor Pro Tern x Mark Burroughs x M~ke Cochran x Nell Durranee x Sandy Knstoferson x Carl Young, Sr ABSENT Page 2 S \Our Documents~Resolut~ons\00\tax pubhe heanng doc Notice of Public Hearing on Tax Increase The City of Denton, Texas wall hold a pubhc hearing on a proposal to ~ncrease total tax revenues from properties on the tax roll ~n the preceding year by 11 3 percent Your lnd~wdual taxes may ~ncrease at a greater or lesser rate, or even decrease, depending on the change ~n the taxable value of your property in relation to the change ~n taxable value of all other property and the tax rate that ~s adopted The pubhc heanng will be held on August 29, 2000 at 6 00 p m at the C~ty Counml Chambers ~n C~ty Hall located at 215 E McKlnney Denton, Texas 76201 FOR' the proposal AGAINST the proposal PRESENT and not voting ABSENT The following table compares taxes on an average home ~n th~s taxing umt last year to taxes proposed on the average home th~s year Again, your ~ndlvidual taxes may be h~gher or lower, depending on the taxable value of your, property Last Year Th~s Year Average remdence homestead value $86,849 $95,119 General exempttons avmlable (amount avmlable on the average homestead, not including senior citizen's or disabled person's exemptions) $5,000 $5,000 Average taxable value $ 81,849 $90,119 Tax Rate 50815/$100 52815/$100 Tax $415 91 $475 96 Under this proposal, taxes on the average homestead would increase by $60.05 or 14.4 percent compared with last year's taxes. Comparing tax rates without adjusting for changes in property value, the tax rate would increase by $.02{ per $100 of taxable value or 3.9 percent compared to last year's tax rate. These tax rate figures are not adjusted for changes in the taxable value of property. SOLUTIONNO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ANNOUNCING THAT IT WILL VOTE ON A T~ ~TE AT ITS ~G~Y SCHED~ED MEET~G OF SEPTEMBER 5, 2000, PROVID~G FOR P~LICATION OF NOTICE 0F SUCH VOTE ON THE T~ ~TE, A~ PROVID~G AN EFFECTIVE DATE ~E~AS, at ~ts re~l~ly scheduled meeting of August 15, 2000, the C~ty Co.cfi voted to place a propos~ on ~e S~tember 5, 2000 C~ty Council mgul~ meeting to adopt a proposed t~ rate orS 52815 p~ $100 valuation, which will exceed the lower of the rollback rate or 103 percent of~e effective t~ rate, ~d ~E~AS, ~e C~W Secret~ duly recorded the vote of the City Council on ~at ma~er, ~d ~E~AS, the C~W Co.eft also called a pubhc hemng for as re~l~ meeting of August 29, 2000 on the t~ anere~e, ~d ~E~AS, pubhcat~on of not,ce of~at pubhe hemng on the t~ ~ncre~e w~ made ~n accordmee w~th ~e law, ~d smd pubhc hemng was held on August 29, 2000 ~d all proponents ~d opponents of~e t~ merease were g~ven an adequate oppon~W to present ~e~r wews at ~e pubhc hemng, ~d ~E~AS, the C~W Co~cfl w~shes to fin~ly set the date, t~me, ~d place of the meetmg at whmh ~t will vote on the t~ rate, NOW, THE~FO~, THE CITY CO~CIL OF THE CI~ OF DENTON HE.BY ~SOLVES SECTION 1 The C~ty Co.eft will vote on the proposed t~ rate at ~ts re~l~ly scheduled meeting of September 5, 2000, whmh will commence at 6 00 p m ~d will be held ~n the C~ty Co~cfl Chmb~s at C~ty H~l at 215 East MeK~ey, Denton, Texas 76201 SECTION 2 Prior to the vote on ~e t~ rate, ~e C~ty M~ager ~d ~e Asslst~t CI~ Manager for F~scal & M~lclpal Seduces are d~rected to pubhsh m ~e Denton Record- Chronicle, a newspaper having general c~rculat~on m the C~ty, the attached Not,ce of Vote on the T~ Rat~, which ~s made a p~ of ~s resolution for all pu~oses, such pubhcat~on to be m comph~ce Wl~ the reqmrements of~e Texas Tax Code SECTION 3 ~s resolution sh~l become effective ~mmedmtely upon ~ts passage ~d approva~ at a re~l~ meeting of ~e C~ty Council of the C~ty of Denton, Texas on ~s the 29th day of August, 2000, at which meeting a quorum was present ~d the meeting was held ~n accord~ce w~ the prows~ons of Tex Gov't Code ~551 001, et seq The Cl~ Secret~ is hereby adwsed to record ~lS resolution ~d the vote on the proposal to place the ~tem for a tax mcre~e,on ~e S~tember 5, 2000 City Co.cfi agenda PASSED AND APPROVED th~s the ~-t day of ~d,~ ~- , 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY Councflmember Voted For Voted Agmnst Euhne Brock, Mayor x x Rom Beasley, Mayor Pro Tem Mark Burroughs x M~ke Coehran x Neff Durrance x Sandy Knstoferson x Carl Young, Sr x Page 2 Notice Of Vote on Tax Rate The City of Denton, Texas conducted a public hearing on a proposal to increase the total tax revenues of the City of Denton, Texas from properties on the tax roll in the preceding year by 11.3 percent on August 29, 2000 at 6:00 p.m.. The City Council of the City of Denton, Texas is scheduled to vote on the tax rate that will result in that tax increase at a public meeting to be held on September 5, 2000, 6:00 p.m. at the City Council Chambers at City Hall located at 215 E. McKinney, Denton, Texas 76201 Next Document RESOLUTION NO ~000-- 0 4~~- A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the term of office of Harlan Jefferson, a member of the Board of Managers of the Dcnco 9-1-1 District, will expire on September 30, 2000, and WHEREAS, Section 772 306 of the Health and Safety Code (V A C S ) provides that two voting members of the Board of Managers of an Emergency Commumcatlon Dmtnct shall be appointed jointly by participating mummpalRles located m whole or in part in the Dmtnct, and WHEREAS, the City of Denton, Texas wishes to vote for a member to smd Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES SECTION 1 That the City of Denton, Texas hereby votes for Harlan Jefferson as a member to the Board of Managers of the Emergency Communication Dlsmct of Denton County for a two year term to commence October 1, 2000 SECTION 2 That ttus resolution shall become effective lmmedmtely upon its passage and approval PASSED AND APPROVED tlus the ~-~'-~ dayof (_~.,Z]/t~/2~'''' ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPI~VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY FILE REFERENCE FORM I R2000-046 I Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Amended by Resolution No. R2004-017 04/20/04 SOLUTION No / A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE IMPACT FEE IN- CENTIVE GRANT AGREEMENTS WITH THE HABITAT FOR HUMANITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION, INC AND WITH FU- TURE APPLICANTS WHO MEET PROGRAM GUIDELINES, ADOPTING NEW PRO- GRAM GUIDELINES TO PROVIDE FOR SINGLE FAMILY EQUIVALENT IMPACT FEE INCENTIVE GRANTS TO PAY WATER AND WASTEWATER IMPACT FEES FOR SIN- GLE FAMILY AFFORDABLE HOUSING RESIDENTIAL UNITS, EXTENDING AND RE- AUTHORIZING THE IMPACT FEE INCENTIVE GRANT PROGRAM FOR AFFORDABLE HOUSING, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council passed Resolution No 98-052 on September 15, 1998 to provide for single family equivalent grants to pay water and wastewater capital recovery fees for thirty-rune affordable housing residential units constructed within the corporate limits of the city by non-profit corporations, provided the units comply with cr, tena for affordabthty, habitability, and other requirements established by the City, and WHEREAS, the City Council - as required by Resolution No 98-052 has reviewed the Impact Fee Incentive Grant Program for Affordable Housing and has decided to extend the Pro- gram through the 1999-2000, 2000-2001 and future fiscal years for which funding is allocated by the City Council, and WHEREAS, the Habitat for Humanity of Denton and the Denton Affordable Housing Corporation, Inc are Texas non-profit corporations which build affordable housing units within the City of Denton, and WHEREAS, the Habitat for Humanity of Denton has applied for $2,527 or one single family equivalent grant and the Denton Affordable Housing Corporation, Inc has applied for $32, 851 or 13 single equivalent grants to pay impact fees to promote affordable housing, and WHEREAS, the Council deems it in the pubhc interest to authorize the City Manager to enter into an Impact Fee Incentive Grant Agreement with these non-profit corporations and to take the action set forth below, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City Council hereby extends and reauthonzes the Impact Fee In- centive Grant Program through the 1999-2000 and 2000-2001 fiscal years and authorizes the ex- pen&ture of an amount not to exceed $35,378 for single family equivalent grants for the 1999- 2000 fiscal year and $20,216 for single family equivalent grants for the 2000-2001 fiscal year and in the amounts approved by the City Council during the budget process for any future fiscal years SECTION 2 That the C~ty Manager ~s hereby authorized to execute Impact Fee Incentive Grant Agreements provldmg for s~ngle family equivalent ~mpact fee ~ncent~ve grants to pay wa- ter and wastewater capital recovery fees in the amount of $2,527 to the Habitat for Humamty of Denton and m the amount of $32,851 for the Denton Affordable Housing Corporation, Inc m substantially the form of the attached Agreements, whmh are made a part of this resolution for all purposes The City Manager is also anthonzed to use s~ngle family eqmvalent impact fee grants to reimburse these applicants for impact fees already prod for affordable housing encompassed within these Agreements The City Manager is further authorized to execute additional Impact Fee Incentive Grant Agreements when apphcants meet the requirements and gmdehnes of the program without the necessity of further C~ty Council action SECTION 3 That the C~ty Manager ~s authorized to make the expenditures and take the actmns set forth m the attached Agreements SECTION 4 That the attached City of Denton Impact Fee Incentive Grant Program Gmde- hnes and Apphcataon Informataon are hereby approved and shall replace the prewous Gmdehnes SECTION 5 That save and except as amended hereby, all the sections, sentences, clauses and phrases of Resolution No 98-052 shall remmn ~n full force and effect SECTION 6 That this resolution shall become effecttve ~mme&ately upon ~ts passage and approval PASSED AND APPROVED tlus the ~ dayof (~/d2/~/Tt~ ,2000 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY. SECRETARY APIIqtOVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 State of Texas County of Denton IMPACT FEE INCENTIVE GRANT AGREEMENT This Impact Fee Incentive Grant Agreement hereinafter referred to as the AGREEMENT ~s made and entered into as of the August 22, 2000 by and between the City of Denton, a Texas municipal corporation, with its principal office at 215 E McKlnney Street, Denton, Texas, hereinafter referred to as CITY, and Habitat for Humanity of Denton, a Texas non-profit corporation with its principal office at PO Box 425, Denton, Texas, 76202 hereinafter referred to as APPLICANT, acting by and through their duly authorized representative WHEREAS, the City Council acknowledges the current shortage of affordable houslhg in the city and the need for local government to encourage construction of additional affordable housing units, and WHEREAS, the City Council has determined that providing an incentive for construction of additional affordable housing umts m the City of Denton will serve thc public interest by expanding opportunities for home ownership and by encouraging further employment, increasing sales tax revenues, expanding economic development and enhancing the City's property tax base, and WHEREAS, Section 395 016(g) of the local government code provides that the City may reduce or waive an impact fee for any service umt that would qualify for affordable housing under 42 U S C 12745 as amended, and may reassess the impact fee if the affordable housing unit is not constructed, and WHEREAS, the City Council approved Resolution No 98-052 on September 15, 1998 ,to provide single family equivalent grants to pay the water and wastewater capital recovery fee for 39 affordable housing residential umts constructed w~th~n thc corporate hmltS of the City by non-profit corporations, if the units comply with the criteria for affordabihty, habitability and other reqmrements estabhshed by the City, and WHEREAS, as a condition to the issuance of the Impact Fee Incenttve Grant Cemficatlon, the APPLICANT agrees to execute a note payable to the CITY in the amount of the number of incentive grants times the sum of $2,527, Deed of Trust and other documentation reqmred by CITY to establish an enforceable obligation by the APPLICANT to repay the City an amount equal to the capital recovery fee otherwise applicable to the housing unit(s) if the APPLICANT does not comply with the requtrements of Resolution No 98-052 and this AGREEMENT NOW, THEREFORE, for good and valuable consideration, the parties agree as follows Grant Agreement Page I of 6 ARTICLE I 1 Incentive Grant Upon the City's certfficataon through their duly authorized representatives that the applicant has fully complied w~th all the reqmrements of the Impact Fee Incentive Grant Program, the C~ty shall anthonze transfer to the Water/Wastewater Impact Fee program the amount of Two Thousand, F~ve Hundred and Twenty-Seven ($2,527) hereinafter referred to as the GRANT which represents the number of single family eqmvalent impact fee incentive grants times the sum of $2,527 subject to the conditions and restrictions set forth herein and those set forth an (a) a note payable to the order of the CITY and secured by (b) a Deed of Trust executed by the APPLICANT and establishing a lien on the Property by the CITY and further subject to Caty R+esolutlon No 98-052 and the City of Denton Impact Fee Incentive Grant Program Gmdehnes and application ~nformatlon and providing for a partml release The Property shall be defined to mean the certmn real property that includes lndavldual lots more particularly described on Exhlbat "A" attached to th~s AGREEMENT and by this reference incorporated an at, all fixtures and improvements situated thereon and all rights, t~tles and interests appurtenant thereto 2 Construction of the Property APPLICANT agrees to execute and record the Deed of Trust in a form approved by the City and execute the Caty Note before the commencement of work APPLICANT must commence construction of the msldentaal housing unit(s), as ewdenced by the issuance of a bmldlng permit, within fifteen months of the issuance of the Impact Fee Incentive Grant Certfficatlon 3 Housing Umt Requirements APPLICANT shall locate the housing umt watban the corporate limits of the City of Denton, shall meet C~ty of Denton zomng and budding requrrements, shall be served by cresting C~ty ~nfrastmcture and services and shall meet the criteria estabhshed by the CITY for affordablhty and habltab~hty 4 Construction Completion Date APPLICANT shall complete constructaon of the res~dential housing unit(s) and sell or rent the umts to Quahfied Occupants wathm 15 months of the issuance of the Impact Fee Incentive Certfficat~on 5 Transfer of Housing Unit Pursuant to Caty of Denton Resolutaon No 98-052, and the program guidelines, APPLICANT must complete, rent (in the case of multtfamdy rentals) or sell to a homebuyer 0n the case of single famaly homes) the Property to a person with a gross household income not exceedang 80% of the median household ~nconje for the Dallas metropohtan area, adjusted for household saze as per the apphcable federal defimtlon or as per the findings of the United States Secretary of Housing and Urban Development, in accordance wath 42 USC § 12745 hereafter referred to as QUALIFIED OCCUPANT w~tlun 15 months of ~ssuance of the Impact Fee Incentive Grant Certffication Prior to rental or sale of a housing unit, APPLICANT shall submat to CITY a statement of income ehg~blhty an a form reqmred by CITY that demonstrates a QUALIFIED OCCUPANT's income status At the closang for a sale of a housang umt, APPLICANT shall submit to CITY a Lender's cemficataon that demonstrates the Buyer's Grant Agreement Page 2 of 6 status meets the requirements of a QUALIFIED OCCUPANT The multlfamlly rental units must be occupied by QUALIFIED OCCUPANTS for a period often years from the date of completion or the date of lmtial occupancy, whichever is later The rental rates for units may not exceed the market rates established by the Denton Housing Authority or fmr market rates estabhshed by HUD for the Dallas/Ft Worth area if DHA rates are not avmlable The single famtly homebuyer units must be occupied by QUALIFIED OCCUPANTS for a period of five years from the date of sale 6 Grant Repayment and Partial Release If APPLICANT fails to comply with the terms of the AGREEMENT and City Note, APPLICANT shall repay the Grant to the CITY, and shall comply with the terms of any note held by the City securing payment Grant payments shall first be credited against any unsecured portion of the Grant and shall be made to the CITY or to its Grant servicer, at the CITY's direction Provided APPLICANT comphes fully w~th the terms of this AGREEMENT and the Guidelines and is not in default under the terms of the City Note, or any other instrument securing the Note or executed in connection therewith and upon payment to CITY or construction or rental or sale of the property as set forth below for each lot to be released, CITY, its successors, or assigns, upon request of APPLICANT, shall release each individual lot of the Property from the liens and security interests of this AGREEMENT, City Note or any other instrument seeunng the City Note as follows Upon proof and certification to CITY that (a) APPLICANT has sold or rented each individual lot of the property to an eligible family in accordance with the AGREEMENT, and Resolution No 98-052 and APPLICANT has met all required standards or (b) upon APPLICANT's City Note payment of $2,527 00 per single family equivalent grant Nothing cont~uned herein shall hmlt CITY's rights under this Agreement, Trust Deed, City Note, or any instrument securing the City Note 7 Vacate, Sell~ Transfer or Refinance In the case of default by APPLICANT, the CITY's balance and interest accrued shall be due and payable upon such sale or transfer, rental or lease of the Property or refinancing of the Grant At the request of the APPLICANT, the City may, at its sole discretion, waive the requirements of the section and extend the term of the Grant 8 Property Inspections APPLICANT agrees that the Property may be inspected by the City from time to time to determine that APPLICANT is in compliance with the AGREEMENT 9 Records and Reports APPLICANT shall provide such records and reports as CITY may require which demonstrate compliance with this AGREEMENT 10 Program Violations APPLICANT agrees and understands that violation of the covenants, terms, and conditions of this AGREEMENT constitutes a default hereunder, and that CITY shall have the right, upon giving thirty (30) days written notffieatlon to the APPLICANT, to 1) revoke the Impact Fee Incentive Grant Certificate Grant Agreement Page 3 of 6 by prowdlng written noUce from the C~ty's Commumty Development Dlws~on as to housing unit(s) where the construction has not received C~ty of Denton bmldtng permits and where construction ~s not completed and the umt(s) sold or rented within 15 months of the date of execution of this AGREEMENT as reqmred by the Impact Fee Incentive Grant Program Gmdellnes and Resolution No 98-052, and accelerate the C~ty Note by an amount equal to the Impact Fee Single Family Eqmvalent Grant amount applicable to smd housing umt(s), or 2) call any note secunng the pnnc~pal amount plus any accrued ~nterest and declare ~t due and payable Hawng given such thirty (30) day notffieat~on, and not receiving the full payment from APPLICANT, the CITY may bring legal acnon in a court of law or pursue any other legal remedy APPLICANT agrees to pay for any costs or fees incurred by CITY m ~ts attempts to collect such debt 11 Non-Wmver ofProwslons Fmlure to exemise any right the CITY may have or be entitled to, in the event of default hereunder, shall not consntute a waiver of such right or any other right in the event of a subsequent default 12 Legal Declaration oflnvahd~ty Not w~thstandmg anyth~ng to the contrary ln this Agreement should a court of competent jurisdiction declare th~s Incentive Grant Program to be lnvahd and reqmre the refund to the C~ty of all grants awarded under the program, the APPLICANT shall immediately refund all grants received under this AGREEMENT and the program wath all interest reqmred under the Note and ~n accordance with the Court Order 13 Severabd~ty of Prows~ons If any prowslon ofth~s AGREEMENT ~s held to be ~nvahd, illegal, or unenforceable by a court of competent j unsdmtlon, that holding (1) shall not invalidate the remmnder of this AGREEMENT, (2) shall be limited to the specific parts of this AGREEMENT described ~n that holding, and (3) shall not affect the validity of this AGREEMENT m any way or in any other ~nstance 14 Indemnification APPLICANT shall defend, ~ndemmfy and hold harmless the CITY, Its officers, agents, employees and representatives from and agmnst any loss, habflity, clmm or judgement including attorney's fees and court costs relating in any manner to the performance of th~s AGREEMENT 15 Governing Law Thts AGREEMENT shall be performable ~n Denton County, Texas, and shall be governed by the laws of the State of Texas Venue shall be ~n Denton County, Texas APPLICANT agrees to comply w~th the terms and conditions of the Agreement, state and local laws Any changes in apphcable laws or authorities are automatically incorporated hereto without specific reference 16 Amendment to Grant Agreement No modfficanons, resmss~on, wmver, release or amendment of any prowsion of this AGREEMENT shall be made except by written agreement executed by the APPLICANT and the CITY 17 City May Assign The CITY may, at its option, assign its right to receive repayment of the Grant w~thont obtaining the consent of the APPLICANT Grant Agreement Page 4 of 6 18 APPLICANT Assignment Prohibited In no event shall APPLICANT assign or transfer any portion of this AGREEMENT without the prior express written consent of CITY, which consent may be given or withheld at the CITY's sole discretion 19 Entire Agreement This AGREEMENT supersedes all prior negotiations, discussions and prevtous agreements between the CITY and APPLICANT concerning all or any part of the subject matter of this AGREEMENT 20 Notices A notice of communication between the parties to this AGREEMENT shall be sufficiently given or delivered if dispatched by certified mall, postage prepaid, return receipt requested, as follows A Notice or commumcatlon to CITY shall be directed to Community Development Admlmstrator Community Development Division 100 W Oak State 208 Denton, Texas 76201 B Notice or communication to the APPLICANT shall be directed to Jill Grozev Habitat for Humanity of Denton PO Box 425 Denton, Texas 76202 APPLICANT Grant Agreement Page 5 of 6 APPLICANT BY Jill Ct~¢.ev, Execut~f~Dlrector Date Habitat for Humanity of Denton THE STATE OF TEXAS § COUNTY OF TEXAS § Th~s instrument was acknowledged before me on August 22, 2000 by Jill Grozev, Executive Director, Habitat for Humanity of Denton, a Texas non-profit corporation, on behalf of said corporation , Notary l~ubhc m and for Te>(as ATTEST CITY ~uufer~alters, C~ty Secretary I~h~hael ~ Jez, Clt~Vl'a~ager APPROVED AS TO LEGAL FORM Attached Exhibits Exhibit A - Legal Description of Property Exhibit B- Impact Fee Incentive Program Gmdehnes Grant Agreement Page 6 of 6 Exhibit "A" Legal Description BEING all that certain lot, tract or parcel of land lying and being situated in the City of Denton, County of Denton, State of Texas, a part of the Hiram Sisco Survey, Abstract No 1184, a part of a tract of land conveyed by M C Sheppard to John Bell by deed dated July 23, 1945, recorded ~n volume 314, Page 473, Deed Records of Denton County, Texas, and being more particularly described as follows BEGINNING at a point ~n the east hne of Bradshaw and the West line of the aforementioned Bell Tract, 300 feet north of the Southwest comer of the Bell Tract, sa~d point being the Northwest comer of the tract of land conveyed by John Bell to Grady Peace, eta 1, by deed dated August 22, 1949, THENCE North with the east line of Bradshaw Street 70 feet, a comer, same being the southwest comer of tract conveyed by Bell to Archie Tolar, by deed dated December 8, 1951, THENCE East wxth the south line of smd Tolar Tract 150 feet, a corner m the east lane of the Bell tract, THENCE South with the east hne of the Bell Tract 70 feet, a comer, THENCE West 150 feet to the place of beginning, SAVE AND EXCEPT all that certain tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, being a part of the H S~sco Survey, Abstract No 1184, and being a part of a certain tract of land conveyed by Robert A Baldridge to Willie A Alexander by deed dated July 21, 1964, and recorded in Volume 511, Page 358, Deed Records, Denton County, Texas, and being more particularly described as follows BEGINNING at the Northwest comer of sa~d Wilhe A Alexander tract, said point of beglnmng being 255 feet South of the intersection of the east right of way line of Bradshaw Street and the South right of way of Sycamore Street, THENCE South w~th the west boundary hne of sa~d Wflhe A Alexander tract 70 feet to a point for comer at the southwest comer of sa~d Willie A Alexander tract 5 feet to a point for comer 5 feet east of and perpendicular to the west boundary hne of said Wflhe A Alexander tract, THENCE North 5 feet east of and parallel vath the west boundary hne of said Wilhe A Alexander tract 70 feet to a point for comer in the north boundary hne of sa~d Wflhe A Alexander tract, THENCE West w~th the north boundary hne of said Wflhe A Alexander tract 5 feet to the place of beginmng and eontmnmg 0 008 acres of land, more or less City of Denton Impact Fee Incentive Grant Program Guidelines and Application Information I Purpose There is hereby established an Impact Fee Incentive grants standard policy to provide non-profit corporations ~ncentlves to construct affordable housing w~thln the Ctty of Denton, somct~mes hereinafter referred to as "pohcy', for the followtng purposes (a) To reduce the housing cost burden for low and moderate income households, (b) To provtde home ownership oppor~unmes for low ~ncome households, (c) To provtde affordable housing for low income elderly and dtsabled households, and (d) To expand affordable housmg umts within the corporate hm~ts of the Ctty of Denton to encourage further employment, increase sales tax revenues, to expand economic development, to enhance the Ctty's property tax base (e) To provtde an mcenttve to construct addlttonal affordable housing umts tn Denton 2 Definitions The following words, terms, and phrases, when used tn thts a~mle, shall have the meanings ascribed to them m this sectton, except where the context clearly indicates a dtfferent meaning · Affordable housmg means owner-occupted stngle famdy homes that do not exceed Ctty of Denton Housing Assistance Program cost gmdehnes, or houstng for low ~ncome renter households that costs less than 30% of household tncome · Low-mcome household means a household that has an annual mcome less than 80% of the medtan household income for the Dallas metropohtan area, adjusted for household size, as per the apphcable federal definition or as per the findmgs of the Umted States Secretary of Housing and Urban Development, tn accordance w~th 42 USC §12745 · Non-profit corporatton means the eqmvalant of a "not-for-profit" corporation It means a corporation no part of the income of which Is dtstnbutable to its members, d~rectors, or officers and which meets all the requirements of Article 1396 § 1 01, et seq, the Non-Profit Corporation Act, Vemons Annotated Ctvfl Statutes · Stnglefamtly equtvalent (SFE) shall mean an eqmvalent factor, based on the demand associated w~th the smallest water meter used ~n the C~ty utility system SFE's are ut~hzed to estabhsh the number of servme umts to be allocated to various meter stzes used tn the City utfltty system 3. Incentive Grant Standards A Qualified Construction 1 New owner-occupied single family housing units, and/or 2 New renter-occupied, elderly or disabled multifamfly housing B Qualified Occupants 1 Low-mcome households (see Attachment A), and/or 2 Low-income elderly or disabled households C Qualified Developers Non-for-profit corporations that develop affordable housing D Qualified Areas 1 Properties within the corporate limits of the City of Denton, and 2 Properties subject to water/wastewater impact fees E Maximum Housing Cost I Price cap of owner-occupied unit(s) tied to the annual requirements of the City of Denton's Homebuyer Assistance Program 2 Price cap of renter-occupied units may not exceed the fair market rents established by the Denton Housing Authority (DHA), or may not exceed font market rents established by HUD for the Dallas/Fort Worth area ifDHA fair market rents are not available F Dwelling Unit Longevity 1 Qualified owner-occupants must mmntain ownership and reside in the unit receiving the grant for a minimum period of five (5) years 2 Eligible multi-family housing units must not exceed total housing cost requirements for a period of not less than ten (10) years G Other Requirements 1 The affordable housing unit must be served by existing City infrastructure and services 2 The design and the construction of the affordable housing unit must meet the criteria established by the City of Denton Community Development Division for habitability, affordabihty, accessibility, water conservation, and energy efficiency 5. AvaflabdIty of Incentive Grants Grants available for the encouragement of the construction of affordable housing shall be limited to an amount set by City Council on an annual basis Each SFE grant allowed may not exceed the amount of $2,527 Grants will be avmlable on a first come, first served bas~s, based upon the date of submittal of an application for an impact fee exemption 2 4. Grant Approval Process A The Impact Fee Incentive Grant Program vail be admxmstered by the City's CommLmlty Development Division B Determination of ellgxbfllty of SFE umts for grants for the 1998-99 fiscal year will be based on rewew cfa written apphcatlon estabhshed by and submitted to the City of Denton Commumty Development Division C The Commtmity Development Division is authorized to collect any information necessary to determine comphance with the grant requirements D Applicants must complete the application and execute the apphcatlon certification prior to conslderatwn for an exemption(s) E Parhelpant Developers must execute the following documents (Attachments B, C, and D) x Impact Fee Incentxve Grant Agreement u Note iii Deed of Trust F Upon approval of the apphcatlon and execution of the documents hsted above by the participant developers, the City Manager will execute the Impact Fee Incentive Grant Agreement The agreement will be forwarded to the Commumty Development Division G Upon receipt of the Impact Fee Incentive Grant Agreement, the City of Denton Community Development Division Admmxstrator will provide an Impact Fee Incentive Grant Ce~fication to the City of Denton Bmldmg Official ldentlfylng the service addresses of the affordable housing units selected to receive grants The written notice from the Community Development Division manager must be made before the issuance of a braiding permit authorizing the start of construction of the housing umt F SFE grant funds will not normally be provided directly to the Qualified Developer The amount ofapphcable SFE grant funding will be transferred by the Community Development Division to the Water/Wastewater Department upon issuance of an Impact Fee Incentive Grant Cerhfication If impact fee payments have been made by the Qualified Developer on the umt(s) that have been awarded a grant(s), the Community Development Dxvislon will process a reimbursement G If the applicant fmls to fimsh construction of the affordable housxng umt within fifteen months after certlficatwn, the Commumty Development Division Manager may revoke the certlficatxon and require payment of the impact fees IMPACT FEE INCENTIVE GRANT APPLICATION Applications will be rewewed by the Commumty Development Division on a first- come, first-served basxs. Upon approval of the apphcatlon, Commumty Development will notify the WaterPWastewater Department and the Braiding Inspections Divxslon of the servxce addresses of the units selected to receive xmpact fee incentive grants 3 Applicants for the Impact Fee Incentive Grant Program must submit the following information and an executed copy of the "Apphcation Certfficat~on to Community Development Division 100 W Oak Street, Suite 208 Denton, Texas, 76201 Please call 940-349-7726 for application assistance I Applicant Information 1 Name, address and telephone number of the nonprofit orgamzatlon 2 Name and telephone of executive director or contact person 3 List of Board of Directors members and officers 4 Attach documentation ofmcorporatlon and 501(c)(3) nonprofit status including Articles of Incorporation, and letter from Secretary of State's Office showing corporation currently tn good standing and any documentatlon from internal revenue service showing tax exempt, non- profit status II Development Information 1 Name of development 2 Location (Please provide a general location and a legal description of the property ) Attach a map showing the site 3 Describe the current status of the project - zoning issues, property acqmslt~on, site preparation, building plans, required permits/approvals, projected start of construction and completion dates Attach documentation of site control 4 Provide a project budget including a list of all financing sources Attach cop~es of award letters or other documentation of secured financing 5 Other a Number of affordable single family units b Number of affordable multlfamdy units (elderly & disabled) c Statement from Building Inspections Department regarding the number of exemption needed for the project d Dollar amount of incentive grants requested (c multiplied by $2,527) III Affordablhty Information 1 Describe how the organization wdl establish and enforce the reqmred period of affordablhty for the unit(s) 2 What ~s the household income level of the project beneficiaries? 3 Describe the orgamzation's household income verification procedures 4 Attach a rent schedule for each affordable rental unit 5 Attach aprtce schedule for each affordable owner umt 4 City of Denton Impact Fee Incentive Grant Program Application Certffication a Texas not-for-profit corporation which meets the reqmrements of the Texas non-pre'it corporation act, (the "Applicant") owner of the proposed residential development described m the attached documents, do hereby make application to the City of Denton for I (number) SFE impact fee incentive grants I do hereby and declare, certify and represent as follows 1 The applicant intends to construct I ~lngle family units to be sold to qualified homebuyers or construct and operate a I unit multi-family rental residential development (the Development) to be located wlttun the City of Denton, Texas and desires that the City Prowde grants ofpubhc funds to assist the Development from payment of water/wastewater impact fees in accordance vath the Impact Fee Incentive (}rant Program Gmdehnes 2 The Applicant has received a copy of the Impact Fee Incentive Grant Program Guidelines w~th accompanying attachments, has rewewed the documents and hereby agrees to comply wath all terms and prows~ons of the guidelines 3 The Apphcant has submitted a completed copy of the Impact Fee Incentive Grant Program Application and to the best of my knowledge, the information contained therein is true and correct 4 The Applicant, if awarded an lncenttve grant, hereby agrees to execute a grant agreement (Attachment B) with the Ctty of Denton for receipt of the grant The Contract contains such provisions as are necessary to carry out the reqmrements of the Impact Fee Incentive Grant Program 5 Before ~ssuance of the Certification of Impact Fee Incentive Grant approval, the Applicant will execute a Note (Attachment C) payable to the City of Denton m the amount of the number of incentive grants granted times $2,527 and a Deed of Trust (Attachment D) and or restrictive covenant as required, sufficient to assure that the umt(s) rece~ving the incentive grant will be occupied by an eligible family with income below 80% of the median family income for the Dallas area and reqmnng an affordabflity period of five years for owner-occupied housing and ten years for mulu family housing If the umt is not occupied within 15 months of the issuance of the Certfficate of Impact Fee Incentive Grant Program approval, the Applicant will pay the $2,527 per unit required impact fee and such fee will be forwarded to the Utilities Department Based on the foregmng, the Apphcant requests that the C~ty of Denton grant the requested exempUon ~n accordance w~th the Impact Fee Incenuve Grant Program Gmdehnes WITNESS MY HAND THIS ~ DAYOF ~ , APPLICANT State of Texas County of Denton IMPACT FEE INCENTIVE GRANT AGREEMENT Th~s Impact Fee Incentive Grant Agreement hereinafter referred to as the AGREEMENT ~s made and entered mto as of the August 22, 2000 by and between thc C~ty of Denton, a Texas munm~pal eorporatmn, w~th ~ts principal office at 215 E McK~nney Street, Denton, Texas, hereinafter referred to as CITY, and Denton Affordable Housing Corporatmn, a Texas non-profit corporatmn w~th ~ts principal office at 303 N Carroll Blvd, State 108, Denton, Texas, 76201 hereinafter referred to as APPLICANT, acting by and through their duly authorized representative WHEREAS, the C~ty Council acknowledges the current shortage of affordable housing ~n the c~ty and the need for local government to encourage construction of add~tmnal affordable housing umts, and WHEREAS, the C~ty Counml has deterunned that prowdmg an ~nccnt~ve for constructmn of add~tmnal affordable housing umts m the C~ty of Denton wall serve the pubh¢ ~nterest by expanding opportumtles for home ownership and by encouraging further employment, increasing sales tax revenues, expanding economm development and enhancing the C~ty's property tax base, and WHEREAS, Section 395 016(g) of the local government code provides that the C~ty may reduce or wmve an ~mpact fee for any service umt that would quahfy for affordable housing under 42 U S C 12745 as amended, and may reassess the ~mpact fee ffthe affordable housing umt ~s not constructed, and WHEREAS, the C~ty Council approved Resolutmn No 98-052 on September 15, 1998 to prowde single family eqmvalent grants to pay the water and wastewater capital recovery fee for 39 affordable housing res~dentml un~ts constructed w~thm the corporate hunts of the C~ty by non-profit corporatmns, ff the umts comply w~th the criteria for affordabthty, habitability and other reqmrements estabhshcd by the City, and WHEREAS, as a cond~tmn to the ~ssuancc of the Impact Fee Incentive Grant Certfficat~on, the APPLICANT agrees to execute a note payable to the CITY m the amount of the number of ~neent~ve grants t~mes the sum of $2,527, Deed of Trust and other doeumentatmn reqmred by CITY to estabhsh an enforceable obhgatmn by the APPLICANT to repay the City an amount equal to the capital recovery fee otherwise appheable to the housing unit(s) if the APPLICANT does not comply w~th the reqmrements of Resolution No 98-052 and tins AGREEMENT NOW, THEREFORE, for good and valuable constderatmn, the part,cs agree as follows Grant Agreement Page I of 6 ARTICLE I 1 Incentive Grant Upon the City's certification through their duly authorized representatives that the applicant has fully complied with all the requirements of the Impact Fee Incentive Grant Program, the City shall authorize transfer to the Water/Wastewater Impact Fee program the amount of Thirty-Two Thousand, Eight Hundred and Fifty-One Dollars ($32,851) hereinafter referred to as the GRANT which represents the number of single family equivalent impact fee incentive grants times the sum of $2,527 subject to the conditions and restrictions set forth herein and those set forth in (a) a note payable to the order of the CITY and secured by (b) a Deed of Trust executed by the APPLICANT and establishing a lien on the Property by the CITY and further subject to City Resolution No 98-052 and the City of Denton Impact Fee Incentive Grant Program Gmdehnes and application information and providing for a partial release The Property shall be defined to mean the certain real property that includes individual lots more particularly described on Exhibit "A" attached to this AGREEMENT and by this reference incorporated in a, all fixtures and improvements situated thereon and all rights, tffias and interests appurtenant thereto 2 Construction of the Property APPLICANT agrees to execute and record the Deed of Trust in a form approved by the City and execute the City Note before the commencement of work APPLICANT must commence construction of the residential housing unit(s), as evidenced by the issuance of a building permit, within fifteen months of the issuance of the Impact Fee Incentive Grant Certification 3 Housing Unit Requirements APPLICANT shall locate the housing unit within the corporate hmlts of the City of Denton, shall meet City of Denton zoning and building requirements, shall be served by existing City infrastructure and services and shall meet the criteria established by the CITY for affordabfllty and habltablhty 4 Construction Completion Date APPLICANT shall complete construction of the residential housing umt(s) and sell or rent the units to Qualified Occupants within 15 months of the issuance of the Impact Fee Incentive Certification 5 Transfer of Housing Unit Pursuant to City of Denton Resolution No 98-052, and the program guldehnes, APPLICANT must complete, rent (in the case of multlfamtly rentals) or sell to a homebuyer (in the case of single family homes) the Property to a person with a gross household income not exceeding 80% of the median household income for the Dallas metropohtan area, adjusted for household size as per the applicable federal definition or as per the findings of the Umted States Secretary of Housing and Urban Development, in accordance with 42 USC § 12745 hereafter referred to as QUALIFIED OCCUPANT within 15 months of issuance of the Impact Fee Incentive Grant Certification Prior to rental or sale of a housing unit, APPLICANT shall submit to CITY a statement of income ehgtblhty tn a form required by CITY that demonstrates a QUALIFIED OCCUPANT's income status At the closing for a sale of a housing unit, APPLICANT shall submit to CITY a Lender's certification that demonstrates the Buyer's Grant Agreement Page 2 of 6 status meets the requtrements of a QUALIFIED OCCUPANT The multifamIly rental units must be occupted by QUALIFIED OCCUPANTS for a period often years from the date of completion or the date of initial occupancy, whichever is later The rental rates for un,ts may not exceed the market rates established by the Denton Housing Authority or fatr market rates estabhshed by HUD for the Dallas/Ft Worth area if DHA rates are not avmlable The single famtly homebuyer untts must be occupied by QUALIFIED OCCUPANTS for a period of five years from the date of sale 6 Grant Repayment and Partial Release If APPLICANT fails to comply with the terms of the AGREEMENT and City Note, APPLICANT shall repay the Grant to the CITY, and shall comply with the terms of any note held by the City securing payment Grant payments shall first be credited agatnst any unsecured portion of the Grant and shall be made to the CITY or to ~ts Grant servicer, at the CITY's direction Provided APPLICANT comphes fully with the terms of this AGREEMENT and the Gmdehnes and is not in default under the terms of the City Note, or any other instrument securing the Note or executed in connection therewith and upon payment to CITY or construction or rental or sale of the property as set forth below for each lot to be released, CITY, its successors, or assigns, upon request of APPLICANT, shall release each individual lot of the Property from the liens and security interests of this AGREEMENT, City Note or any other mstnmaent seeunng the City Note as follows Upon~proof and certtfication to CITY that (a) APPLICANT has sold or rented each individual lot of the property to an eligible family in accordance with the AGREEMENT, and Resolution No 98-052 and APPLICANT has met all required standards or (b) upon APPLICANT's City Note payment of $2,527 00 per single family equivalent grant Nothing contmned herein shall limit CITY's rights under this Agreement, Trust Deed, City Note, or any lnsmument securing the City Note 7 Vacate, Sell, Transfer or Refinance In the case of default by APPLICANT, the CITY's balance and interest accrued shall be due and payable upon such sale or transfer, rental or lease of the Property or refinancing of the Grant At the request of the APPLICANT, the City may, at its sole discretion, waive the requirements of the section and extend the term of the Grant 8 Property Inspections APPLICANT agrees that the Property may be inspected by the City from time to time to determtne that APPLICANT is in compliance wnh the AGKEEMENT 9 Records and Reports APPLICANT shall provide such records and reports as CITY may reqmre which demonstrate compliance with this AGREEMENT 10 Program Violations APPLICANT agrees and understands that vtolatlon of the covenants, terms, and conditions of this AGREEMENT constitutes a default hereunder, and that CITY shall have the right, upon giving thirty (30) days wrnten notification to the APPLICANT, to 1) revoke the Impact Fee Incentive Grant Certificate Grant Agreement Page 3 of 6 by provldtng written nottce from the City's Commtanty Development D~wslon as to housing umt(s) where the construction has not received City of Denton building permits and where constmcuon ~s not completed and the unit(s) sold or rented within 15 months of the Bate of execution of th~s AGREEMENT as reqmred by the Impact Fee Incentive Grant Program Gmdehnes and Resolution No 98-052, and accelerate the C~ty Note by an mount equal to the Impact Fee Single Family Equivalent Grant amount apphcable to said housing umt(s), or 2) call any note securing the principal amount plus any accrued interest and declare ~t due and payable Having g~ven such thirty (30) day notification, and not rece~wng the full payment from APPLICANT, the CITY may bnng legal action in a court of law or pursue any other legal remedy APPLICANT agrees to pay for any costs or fees ~ncurred by CITY an its attempts to collect such debt 11 Non-Wmver of Prows~ons Failure to exercise any right the CITY may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default 12 Legal Declaration of Invall&ty Not withstanding anything to the contrary in th~s Agreement should a court of competent jurisdiction declare this Incentive Grant Program to be ~nvalld and require the refund to the C~ty of all grants awarded under the program, the APPLICANT shall ~mme&ately refund all grants received under th~s AGREEMENT and the program w~th all interest required under the Note and in accordance with the Court Order 13 Severabthty of Prows~ons If any provision of this AGREEMENT is held to be invahd, illegal, or unenforceable by a court of competent jurisdiction, that holding (1) shall not ~nvahdate the remainder ofth~s AGREEMENT, (2) shall be hmlted to the specific parts of this AGREEMENT described in that holding, and (3) shall not affect the validity of thxs AGREEMENT ~n any way or in any other instance 14 Indemmficat~on APPLICANT shall defend, ~ndemmfy and hold harmless the CITY, tts officers, agents, employees and representatives from and against any loss, liability, clmm or judgement including attorney's fees and court costs relating m any manner to the performance of flus AGREEMENT 15 Governing Law Th~s AGREEMENT shall be performable in Denton County, Texas, and shall be governed by the laws of the State of Texas Venue shall be in Denton County, Texas APPLICANT agrees to comply with the terms and conditions of the Agreement, state and local laws Any changes m apphcable laws or anthont~es are automatically incorporated herein w~thout specific reference 16 Amendment to Grant Agreement No modifications, rescission, wmver, release or amendment of any prows~un of th~s AGREEMENT shall be made except by written agreement executed by the APPLICANT and the CITY 17 C~ty May Assign The CITY may, at its option, assign its right to receive repayment of the Grant without obtmmng the consent of the APPLICANT Grant Agreement Page 4 of 6 18 APPLICANT Assignment Prohibited In no event shall APPLICANT assign or transfer any portion ofth~s AGREEMENT w~thout the prior express written consent of CITY, which consent may be given or w~thheld at the CITY's sole d~scretion 19 Entire Agreement Th~s AGREEMENT supersedes all prior negotiations, d~scuss~ons and prewous agreements between the CITY and APPLICANT concerning all or any part of the subject matter of tins AGREEMENT 20 Notmes A not~ce ofeommumcatmn between the part~es to th~s AGREEMENT shall be sufficiently g~ven or dehvered ff d~spatched by certffied mml, postage prepmd, return receipt requested, as follows A Notme or eommumeat~on to CITY shall be d~rected to Commumty Development Administrator Commtmlty Development D~ws~on 100 W Oak Suite 208 Denton, Texas 76201 B Not,ce or communication to the APPLICANT shall be d~rected to Jane Burda Provo Denton Affordable Housing Corporation 303 N Carroll Blvd State 108 Denton, Texas 76201 Grant Agreement Page 5 of 6 APPLICANT Jane Burda Pr~vo,~Executlve Director Date Denton Affordable Housing Corporation THE STATE OF TEXAS § COUNTY OF TEXAS § This instrument was acknowledged before me on August 22, 2000 by Jane Burda Provo, Executive Director, Denton Affordable Housing Corporation, a Texas non-profit corporation, on behalf of smd corporation Notary Pubhc in ~cf for T~xas ATTEST CITY APPROVED AS TO LEGAL FORM Herbert L Prouty 133, ~J~ ~7//~ Attached Exhibits Exhlbxt A - Legal Description of Property Exhibit B- Impact Fee Incentive Program Guidelines Grant Agreement Page 6 of 6 Exhibit "A" Legal Descriptions 1) Lots 43, 44, and 45, Section Two, Wfllowcreek Addition, Denton, Denton County, Texas 2) Lot 18, block 20 of Royal Acres Addition, Section 7, Phase I, an addition to the C~ty of Denton, Denton County, Texas, according to the Plat thereof, recorded ~n Cabinet D, Page 334, Plat Records of Denton County, Texas 3) Lot 1, Block 2 of Infimty Strata Add~tmn, an Addition to the C~ty of Denton, Denton County, Texas, according to the Plat thereof, recorded ~n Cabinet F, Page 47, Plat Records of Denton County, Texas 4) Lot 23, Block 20 of Royal Acres Addition, an addition to the C~ty of Denton, ~n Denton County, Texas, according to the Plat thereof recorded in Cabinet D, Shde 334, Plat Records of Denton County, Texas 5) Lot 6, Block A of the Stratford Addition, F~rst Section, an Addition to the C~ty of Demon, Texas, according to the Plat thereof recorded ~n Cabinet B, Page 175, Plat Records of Denton County, Texas City of Denton Impact Fee Incentive Grant Program Guidelines and Application Information 1 Purpose. There is hereby established an Impact Fee Incentive grants standard policy to provide non-profit corporations incentives to construct affordable housing within the City of Denton, sometimes hereinafter referred to as "policy", for the following purposes (a) To reduce the housing cost burden for low and moderate income households, (b) To provide home ownership oppormnmes for low income households, (c) To provide affordable housing for low income elderly and disabled households, and (d) To expand affordable housing units within the corporate limits of the City of Denton to encourage further employment, increase sales tax revenues, to expand economic development, to enhance the City's property tax base (e) To provide an incentive to construct additional affordable housing units in Denton 2 Definmons. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly mdmates a different meaning · Affordable housing means owner-occupied single family homes that do not exceed City of Denton Housing Assistance Program cost guidelines, or housing for low income renter households that costs less than 30% of household income · Low-income household means a household that has an annual income less than 80% of the median household income for the Dallas metropolitan area, adjusted for household size, as per the applicable federal definition or as per the findings of the United States Secretary of Housing and Urban Development, in accordance with 42 USC §12745 · Non-profit corporation means the equivalent of a "not-for-profit" corporation It means a corporation no part of the income of which is distributable to its members, directors, or officers and which meets all the requirements of Article 1396 §1 01, et seq, the Non-Profit Corporation Act, Vernons Annotated Civil Statutes · Single family equivalent (SFE) shall mean an equivalent factor, based on the demand associated with the smallest water meter used in the City utility system SFE's are uUhzed to establish the number of service units to be allocated to various meter sizes used in the City utility system 3 Incentive Grant Standards A Quahfied ConstmcUon 1 New owner-occupied single family housing units, and/or 2 New renter-occupied, elderly or disabled multlfamfly housing B Quahfied Occupants 1 Low-raceme households (see Attachment A), and/or 2 Low4ncome elderly or d~sabled households C Quahfied Developers Non-for-profit corporattons that develop affordable housing D Qualified Areas 1 Properties within the corporate hm~ts of the C~ty of Denton, and 2 Properttes subject to wator/wastewator impact fees E Maximum Houstng Cost 1 Price cap of owner-occop~ed umt(s) tied to the annual reqmremants of the Ctty of Denton's Homebuyer Assistance Program 2 Price cap of renter-occupied umts may not exceed the fmr market rents established by the Denton Housing Authority (DHA), or may not exceed fmr market rents estabhshed by HUD for the Dallas/Fort Worth area ffDHA fair market rents are not available F Dwelhng Umt Longewty 1 Quahfied owner-occupants must maintain ownership and reside m the umt rece~wng the grant for a minimum period of five (5) years 2 Ehg~ble multi-family housing units must not exceed total housing cost requirements for a period of not less than ten (10) years G Other Requirements 1 The affordable housing umt must be served by ex~stxng City infrastructure and servmes 2 The das~gn and the construction of the affordable housing umt must meet the criteria established by the C~ty of Denton Commumty Development D~vis~on for habitability, affordabfl~ty, accassthfl~ty, water conservation, and energy efficxency 5 Avmlabfilty of Incenttve Grants Grants available for the encouragement of the construction of affordable houstng shall be hmited to an amount set by City Council on an annual bas~s Each SFE grant allowed may not exceed the amount of $2,527 Grants will be available on a first come, first served bas~s, based upon the date of submittal of an apphcat~on for an ~mpact fee exemption 2 4. Grant Approval Process A The Impact Fee Incentave Grant Program wall be adm~mstered by the Caty's Commumty Development Davasmn B Determination of ehg~bthty of SFE umts for grants for the 1998-99 fiscal year wall be based on review of a written apphcatlon established by and submitted to the City of Denton Community Development D~vlsmn C The Community Development D~wsmn ~s authorized to collect any mformatmn necessary to determanc comphance w~th the grant reqmrements D Applicants must complete the apphcat~on and execute the apphcatlon eertaficataon prior to cons~derataon for an exemptaon(s) E Partmapant Developers must execute the following documents (Attachments B, C, and D) ~ Impact Fee Incentive Grant Agreement aa Note m Deed of Trust F Upon approval of the apphcataon and execution of the documents lasted above by the partmlpant developers, the Caty Manager will execute the Impact Fee Incenttve Grant Agreement The agreement will be forwarded to the Commumty Development Dlvlsaon G Upon receipt of the Impact Fee Incentive Grant Agreement, the C~ty of Denton Commtm~ty Development D~wsmn Adm~mstrator will provide an Impact Fee Incentave Grant Certification to the City of Denton Bmldmg Official adentffy~ng the service addresses of the affordable housang tm~ts selected to receave grants The written notice from the Commumty Development Davasaon manager must be made before the assuance of a bufldang permit authorizing the start of construction of the housing umt F SFE grant funds wall not normally be prowded darectly to the Quahfied Developer The amount of apphcable SFE grant funding will be transferred by the Community Development Dlvasaon to the Water/Wastewater Department upon ~ssuance of an Impact Fee Incentave Grant Certfficataon If ~mpact fee payments have been made by the Qualffied Developer on the umt(s) that have been awarded a grant(s), the Commumty Development Dav~s~on wall process a reimbursement 13 If the apphcant fails to finish construction of the affordable housang umt wathan fifteen months after certfficat~on, the Commumty Development D~vasaon Manager may revoke the certfficataon and reqmre payment of the ampact fees IMPACT FEE INCENTIVE GRANT APPLICATION Applications will be rewewed by the Commumty Development Davaslon on a first- come, first-served basas. Upon approval of the appheataon, Community Development will notify the Water/Wastewater Department and the Building Inspections D~vislon of the service addresses of the umts selected to receive ampact fee incentive grants Applicants for the Impact Fee Incentive Grant Program must submit the following information and an executed copy of the "Application Certification to: Community Development D~vision 100 W. Oak Street, Suite 208 Denton, Texas, 76201 Please call 940-349-7726 for application assistance I Applicant Information 1 Name, address and telephone number of the nonprofit orgamzat~on 2 Name and telephone of executive thrector or contact person 3 List of Board of Directors members and officers 4 Attach documentatton oftncorporatton and 501(c)(3) nonprofit status tncludtng Arttcles of lncorporatton, and letter from Secretary of State's Office showmg corporatton currently tn good standtng and any documentatton from mternal revenue servtce showtng tax exempt, non- profit status II Development Information 1 Name of development 2 Location (Please prowde a general location and a legal description of the property ) Attach a map showtng the stte 3 Describe the current status of the project - zoning issues, property acqmsmon, site preparation, bmldmg plans, reqmred permits/approvals, projected start of constructton and completion dates Attach documentatton of stte control 4 Provide a project budget ~ncludmg a list of all financing sources Attach coptes of award letters or other documentatton of secured financmg 5 Other a Number of affordable s~ngle family umts b Number of affordable multlfamdy units (elderly & d~sabled) c Statement from Bmldmg Inspections Department regarding the number of exemption needed for the project d Dollar amount of ~ncent~ve grants requested (c mult~phed by $2,527) III Affordabthty Information 1 Describe how the organization wdl estabhsh and enforce the reqmred period of affordablhty for the umt(s) 2 What is the household income level of the project beneficiaries9 3 Describe the orgamzat~on's household income verification procedures 4 Attach a rent schedule for each affordable rental umt 5 Attach aprtce schedule for each affordable owner umt 4 City of Denton Impact Fee Incentive Grant Program Application Certificatmn I. the understgned duly authorized representat,ve of p~s/4 ro~t ~ ~: ?o ~l>i ~ La ~,,s,~ ~ a Tex~ not-for-profit co~oratmn which meets the reqmrements of~e Tex~ non-profit co~oranon act, (the "Apphc~f') omer of ~e proposed res~denual development described m ~e a~ached docments, do hereby m~e apphcauon to ~e C~ of Denton for /~ (number) SFE ~pact fee ~ncenttve grits I do hereby ~d decl~e, cem~ md represent ~ follows 1 ~e apphc~t intends to cons~ct ~ s~ngle f~fly ~ts to be sold to qu~ffied homebuyers~onstmct ~d operate a / o ~t mult~-f~lly rental res~dent~ development (~e Development) to be located m~ ~e C~W of Denton, Tex~ ~d desires ~at the C~W Prowde ~ts of pubhc ~ds to ~SlSt ~e Development ~om payment of water/w~tewater impact fees m accord~ce ~th the Impact Fee Incentive Or~t Progrm Gmdehnes 2 ~e Apphc~t h~ received a copy of ~e Impact Fee Incentive Or~t Progrm Omdehnes ~ accomp~ymg a~ac~ents, h~ rewewed ~e docments ~d hereby agrees m comply ~ ~1 terns ~d prov~stons of~e gmdelmes 3 ~e Apphc~t h~ subdued a completed copy of the Impact Fee Incentive Gr~t Proem Apphcat~on ~d to the best of my ~owledge, ~e ~o~at~on contmned ~erem ~s ~e ~d co.eot 4 ~e Apphc~t, ~f aw~ded ~ incentive gr~t, hereby a~ees to execute a gr~t agreement (A~ac~ent B) ~ffi ~e C~W of Denton for receipt of~e gr~t ~e Con~act contmns such prows~om ~ ac necess~ to c~ out the requ~ements of the Impact Fee Incentive Or~t Progrm 5 Before tssu~ce of~e Cemficahon of Impact Fee Incen~ve Gr~t approval, ~e Apphc~t ~11 execute a Note (Aaac~ent C) payable to ~e C~W of Denton tn ~e mount of~e nmber of incentive ~ts ~ted t~mes $2,527 ~d a Deed of Trust (A~ac~ent D) ~d or msmctlve coven~t as required, sufficient to ~s~e that the mt(s) rece~wng ~e mcent~ve gr~t ~11 be occupted by ~ ehg~ble fmfly ~ ~ncome below 80% of~e medtm fmfly income for ~e D~I~ ~ea ~d reqmnng ~ affordabfllW period of five ye~s for o~er-occup~ed housing ~d ten ye~s for multffmfly housing if ~e ~t ts not occupied wt~n 15 months ofthe ~ssu~ce of the Cemficate of Impact Fee Incentive Gr~t Proem approve, the Apphc~t roll pay ~e $2,527 per ~t reqmred ~mpact fee ~d such fee ~11 be founded to ~e Utilities Dep~ment Based on the foregoing, the Apphcant requests that the Cxty of Denton grant the requested exemption m accordance wath the Impact Fee Incentive Grant Program Gutdehnes WITNESS MY HAND THIS ,~O~'~-' DAY OF'~Jl4 ~-~{ , 6 S \Our Dt um/mts~.esolut~ons\OO\adopt c]p doc RESOLUTION NO /~0~)0- 0¢7 A RESOLUTION ADOPTiNG THE CAPITAL IMPROVEMENT PLAN PROPOSED BY THE PLANNING AND ZONING COMMISSION AND PUBLIC UTILITIES BOARD, AND PRO- VIDING FOR AN EFFECTIVE DATE WHEREAS, on the 12th day of July, 2000, the Planning and Zoning Commission recom- mended the general government capital improvements to be constructed during the forthcoming year, and WHEREAS, on the 17th day of July, 2000, the Public Utilities Board recommended the utility capital improvements to be constructed dunng the forthcommg year, and WHEREAS, the City Manager furnished a copy of the recommendations to the City Council on July 21, 2000, and WHEREAS, all of the above actions were taken in compliance with the reqmrements of Section 10 03(a)(6) of the City Charter, and WHEREAS, the City Council wishes to formally adopt the recommendations of the Plannmg and Zomng Commission and Public Utilities Board, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Council approves the list of capital improvements proposed to be con- stmcted dunng the forthcoming year, which is attached hereto and incorporated herein and made a part of this resolution for all purposes SECTION 2 This resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ,5~ day of~~_, 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APP]~3VED AS TO LEGAL FORM S \Our Documents\Resolutlons\00\adopt c~p doc CAPITAL IMPROVEMENT PROGRAM £000.£004 CITY OF DENTON PROPOSED CAPITAL IMPROVEMENT PROGRAM 2000- 2004 CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM CAPITAL IMPROVEMENT PROGRAM 2000-2004 The 2000-2004 Capital Improvement Program (ClP) represents the C~ty's five-tear plan for development The Capital Improvement Program ~s reviewed each year to reflect changing prior,ties and provides a framework for Identifying capital requirements, Impact of capital projects on operating budgets, scheduhng, and coordinating related projects The Capital Improvement Program has two pnmary components F~rst ~s the General Government CIP, which represents projects that are non-ut~hty related such as streets, parks, a~rport, and General Government fac~ht~es Typically, these projects w~lJ be funded via general obligation bonds, certificate of obligation bonds, or other financing methods Second ~s the Ut~hty CIP, which represents projects that benefit the C~ty's enterprme funds such as Electric, Water, Wastewater, and Solid Waste and other functions such as Fleet Services and Commumcat~ons Typically, these projects w~ll be funded via revenue bonds or other methods The Capital Improvement Program budget ~s prepared after a public hearing ~s held to receive ~nput from the community In addition to the pubhc hearing, the C~ty Council compJetes a budget priority questionnaire ~nd~catmg their prior, tins for capital ~mprovements The public heanng, the results of the budget priority questionnaire, and the cr~term below all serve as the basra for staff to prepare CIP requests 1 Pubhcsafety, health and hfs, 2 Serwce demands, 3 Legal requ~rements, hab~llty or mandate, 4 Quality and rehab~hty of current service level, 5 Economic growth and development, 6 Recreational, cultural, and aesthetic value, 7 Fundmgab~hty, and 8 Operating budgets Once requests are prepared, the General Government requests are presented to the City Manager and then to the Planmng and Zoning Commission for their approval and recommendation to C~ty Council Utility requests are presented to the Public Utilities Board for approval which are then forwarded to City Council for approval The proposed 2000-2004 Capital Improvement Program ~s summarized ~n the following pages "Dedicated to Quality Service" - CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM CAPITAL BUDGETING CALENDAR 200O-2OO4 January 26 Tuesday DIscuss~on of Budget Pr~onty Questionnaire with City Council Council briefing on budget process (Operating and CIP) January 27 Wednesday Pnor~ty Quesbonnalre d~stnbuted to C~ty Council February 2 Tuesday C~ty Council returns Budget Prlonty Questionnaire February 23 Tuesday Review and discussion of Budget Pnonty Questionnaire results w~th City Council March 10 Wednesday Planning and Zoning Commission briefing on ClP process March 24 Wednesday Budget K~ckoff June 9 Wednesday Presentation of Capital Improvement Program to Planmng and Zoning Commission (General Government) and Planmng and Zoning Cornm~sslon considers a recommendation to C~ty Council regarding the Capital Improvement Program June 22 Tuesday Capital Improvement Program presented to C~ty Council September 7 Tuesday City Council adopts Capital Improvement Program budget (F~rst year of Capital Improvement Program) "Dedicated to Quality Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM 2000 - 2O04 CAPITAL IMPROVEMENT PROGRAM TABLE OF CONTENTS GENERAL GOVERNMENT Five Year Summary 2 UTILITIES Electric 6 Water 18 Wastewater 32 Sohd Waste 48 Fleet Serwces 60 Commumcat~ons 66 "Dedicated to Quality Seru~ce"' GENERAL GOVERNMENT CITY OF DENTON TEXAS CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT EXISTING YEAR DIV/DEPT PROJECT NAME BONDS 99 2000 Trans Loop 288 Spur Phase I 99 2000 Parks Design/Construct Phase I of the Civic Center Park Master Plan 99 2000 Burld/Equ~p Future Building Needs ** 99 2000 Build/Equip Facd~ty Renovations ** 99 2000 M~sc Development Code and Re wnte of Development Code TOTAL 2000 0t Trans Loop 288 Spur Phase II 2000-01 Trans Mockrngb~rd Lane Connection 2000-01 Trans Mockingbird Lane (Mmgo to Audra) 2000401 Trans Stuart Rd & Traffic Signals on FM 428 2000-01 Parks Continue Design/Construction C~vic Center Park Master Plan 2000 01 Build/Equip Future Budding/Equipment Needs TOTAL 2001-02 Trans Interchanges Loop 288 (Stuart & K~ngs Row)-Land 2001 02 Trans IH35E Mayhdl to US 377 2001-02 Trans West W~ndsor (Bonme Brae to H~nkle) 2001-02 Trans M~scellaneous Street Construction 2001 02 Parks Continue Design/Construction C~v~c Center Park Master Plan 2001-02 Build/Equip Future Budding/Equipment Needs TOTAL 2002 03 Trans West A~rport Freeway (Loop 288 West) 2002 03 Trans M~scellaneous S~dewalks 2002-03 Trans M~scellaneous Streets 2002-03 Trans M~scellaneous Traffic S~gnals 2002 03 Parks Complete Design/Construction C~v~c Center Park Master Plan 2002 03 Build/Equip Future Building/Equipment Needs TOTAL 2003-04 Trans US 77 From US 380 to IH35 2003 04 Trans Eagle Drive Pav~ng (Carroll to Avenue E) 2003 04 Trans M~scellaneous Street Construction 2003 04 Parks New Parks and Greenbelt Development 2003-04 Budd/Equ~p Future Budding/Equipment Needs TOTAL * Includes certificates of obI~gabon fund balance, and General Fund resources ** Additional projects to be funded through the ~ssuance of certificates of obligation 2 Dedicated to Quality Service "- CITY OF DENTON TEXAS CAPITAL IMPROVEMENT PROGRAM GENERAL GOVERNMENT (Cont) TOTAL {MEMO) REQUIRED AID TOTAL OPERAT AUTH UNAUTH OTHER CITY IN PROJECT AND UNISSUED UNISSUED * FUNDING CONST COSTS MAINT 2,425,000 2,425,000 2,425,000 350,000 350,000 350,000 1,000,000 1,000,000 1,000,000 2,000,000 2,000,000 2,000,000 405,000 405,000 405,000 3,775,000 t~2,405,000 6,180,000 $ 6,180,000 975,000 975 000 975,000 200,000 200,000 200,000 790,000 790,000 790,000 750,000 750,000 750,000 410,000 410,000 410,000 991,000 991,000 991,000 4,116,000 ~ ~ 4,116,000 $ $ 4,116,000 $ 550,000 850,000 550,000 900,000 900,000 900,000 484,000 484,000 484,000 176,000 176,000 176,000 828,000 825,000 825,000 1,520,000 1,520,000 1,520,000 4,455,000 $ 4,455,000 $ 4,455,000 1,000,000 1,000,000 1,000,000 400,000 400,000 400,000 800,000 800,000 800,000 300,000 300,000 300,000 400,000 400,000 400,000 2,034,000 2,034,000 2,034,000 4,934,000 ~ 4,934,000 $ 4,934,000 1,000,000 1,000,000 1,000,000 1,500,000 1,500,000 1,500,000 250,000 250,000 250,000 575,000 575,000 575,000 2,260,000 2,260,000 2,260,000 5,585,000 $ 5,585,000 $ 5,585,000 3 , "Dedicatad to Quality Service CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM 4 "Dedicated to Quaflty Service UTILITIES CITY OF DENTON TEXAS CAPITAL IMPROVEMENT PROGRAM CASH REQUIREMENTS ELECTRIC UTILITY {$ X 1000) GROUP ASSIGNMENT NUMBERS ** CATEGORY 2000 1 Power Production Addrt~ons $ 2 Capital Construction Reserve 500 3 Servmes 2,154 4 Feeder Extensions & Improvements 1,900 5 D~strlbutlon Transformers 715 6 Meters 381 7 Automated Meter Read~ng 216 8 D~stnbut~on Substations 1,430 9 Street Light~ng 295 10 Reserved 11 Toots and Equipment 182 12 69 KV Upgrade 919 13 Contingency 300 14 Office Equipment, Computers, Furmture, System Map 51 15 Burldmg Constructmn 50 16 Commumcat~ons and Control 17 Power Factor Improvement 36 18 Communications Eqmpment 335 19 Over to Under Conversions 352 20 M~scellaneous, Other 47 TOTAL $ 9,863 BOND FUNDED 5,240 CURRENT REVENUE 4,623 AID IN CONSTRUCTION $ 9,863 GROWTH IMPROVED SERVICE EQUIPMENT REPLACEMENT STATUTORY TECHNOLOGY **GROUP ASSIGNMENT (GA) NUMBERS are used for rdentlflcatlon of CIP Projects by major category of expense 6 "Dedicated to Ouahty Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM CASH REQUIREMENTS ELECTRIC UTILITY ($ X 1000) (Cont) 2001 2002 2003 2004 TOTAL $ 650 ~ ~ $ 650 500 500 500 500 2,500 2,631 2,392 2,527 2,659 12,363 1,699 385 378 508 4,840 903 703 759 794 3,874 384 397 408 417 1,987 220 210 220 140 1,006 1,070 2,420 675 1,215 6,810 410 209 283 211 1,408 100 96 85 95 557 908 1,283 1,273 1,040 5,423 300 300 300 300 1,500 26 23 23 23 146 50 40 40 36 37 37 37 183 188 38 38 188 787 352 352 352 352 1,760 16 18 20 22 123 9,743 $ 9,982 $ 7,918 $ 8,501$ 46,007 5,582 7,165 5,656 6,166 29,809 4,161 2,817 2,262 2,335 16,198 9,743 $ 9,982 $ 7,918 ~ 8,501 $ 46,007 7 "Dedicated to Quality Service" CITY OF DENTON TEXAS CAPITAL IMPROVEMENT PROGRAM ELECTRIC UTILITY ($ X 1000) PROJECT NUMBER GA PROJECT NAME 00 1011-01 11 (T) TOOLS AND EQUIPMENT 00-1011-02 14 (T) OFFICE FURNITURE AND EQUIPMENT 00-1011-03 15 (T) BUILDING CONSTRUCTION 00-1011-04 20 (T) CHLORINE CONTAINMENT SYSTEM TOTAL 1999-2000 ELECTRIC PRODUCTION 00 1031-01 3 (G) SERVICES 00-1031-02 4 (G) FEEDER EXTENSIONS AND IMPROVEMENTS 00-1031-O3 17 (S) POWER FACTOR IMPROVEMENTS 00-1031 04 5 (G/R) TRANSFORMERS AND EQUIPMENT 00-1031-05 11 (I) MISC TOOLS AND EQUIPMENT 00-1031-06 19 (I) O/H TO UNDERGROUND CONVERSIONS O0-1031-07 14 (G) MISC OFFICE EQUIPMENT/FURNITURE 00-1031-08 12 (G) 69KV LINE UPGRADE (POLES AND CONDUCTOR) 00-1031 09 18 (G) COMMUNICATION EQUIPMENT 00-1031-10 9 (G) STREET LIGHTS 00-1031-I 1 2 (G) CAPITAL CONSTRUCTION RESERVE 00-1031-12 13 (G/S) CONTINGENCY TOTAL 1999-2000 ELECTRIC DISTRIBUTION 00-1032-01 8 (R/I) REPLACE 69KV BREAKERS 00-1032-02 8 (G) NEW SUBSTATION (South) PHASE I 00-1032-03 8 (G) LAND PURCHASE FOR NEW SUBSTATION (WEST) SITE TOTAL 1999-2000 ELECTRIC SUBSTATIONS 00-1033-01 14 (I) OFFICE EQUIPMENT, COMPUTER, FURNITURE, SYSTEM MAP 00-1033-02 14 (I) OFFICE EQUIPMENT, COMPUTER, FURNITURE, SYSTEM MAP 00-1033-03 14 (N) OFFICE EQUIPMENT, COMPUTER, FURNITURE, SYSTEM MAP 00-1033-04 14 (N) OFFICE EQUIPMENT, COMPUTER, FURNITURE, SYSTEM MAP 00-1033-05 11 (N) TOOLS AND EQUIPMENT 00-1033-06 11 (R) TOOLS AND EQUIPMENT TOTAL 1999-2000 ELECTRIC ENGINEERING O0-1034 01 6 (G) METERS AND ASSOCIATED EQUIPMENT 00-1034-02 7 (G) REMOTE METER READING PACKAGE 00-1034-03 20 (G) POWER PROTECTION PROGRAM 00-1034-04 7 (R) ELECTRIC CONSUMPTION MONITORING 00-1034-05 11 (T) METER TEST BOARD TOTAL 1999-20OO ELECTRIC METER FIELD SERVICES 00-1061-01 11 (N) TOOLS AND EQUIPMENT O0-1061-02 18 (R) UPGRADE FIBER RING 00-1061-03 18 (I) MISC FIBER OPTIC PROJECTS TOTAL 1999-2000 FIBER /GIS TOTAL 1999-2OOO ELECTRIC DEPARTMENT 8 "Dedieatod to Quality Service" CITY OF DENTON. TEXAS CAPITAL IMPROVEMENT PROGRAM ELECTRIC UTiLiTY ($ X 1000) (Cont) BOND CURRENT UTILITY AID-IN FISCAL YEAR I FUND REVENUE FUNDING CONSTR COST I $ 35 $ 35 $ $ 35 8 8 8 50 50 50 40 40 40 $ 133 $ 133 $ $ 133 1,240 $ 914 $ 2,154 $ $ 2 154 1,174 726 1,900 1,900 36 36 36 715 715 715 55 55 55 352 352 352 5 5 5 919 919 919 38 38 38 295 295 295 500 500 500 300 300 300 3,685 $ 3,584 $ 7,269 ~ $ 7,269 77 $ 3 $ 80 $ $ 80 1,293 7 1,300 1,300 50 50 50 1,420 $ 10$ 1,430 $ $ 1,430 $ 85 85 $ 8 2 2 2 8 8 8 20 20 20 12 12 12 40 40 40 $ 90 $ 90 $ $ 90 $ 381 $ 381 $ $ 381 180 180 180 7 7 7 36 36 36 30 30 30 $ 634 $ 634$ $ 634 $ 10 $ 10 $ $ 10 135 8 143 143 154 154 154 135 $ 172 $ 307$ $ 307 5,240 $ 4,623 $ 9,863 $ $ 9,863 9 ."Dedicated ~ QuallW Service" CITY OF DENTON TEXAS CAPITAL IMPROVEMENT PROGRAM ELECTRIC UTILITY {$ X 1000) PROJECT NUMBER GA PROJECT NAME 01-1011 01 11 (T) TOOLS AND EQUIPMENT O1-1011-O2 14 (T) OFFICE FURNITURE AND EQUIPMENT TOTAL 2000-2001 ELECTRIC PRODUCTION 01 1031-O1 3 (G) SERVICES 01-1031-02 4 (G) FEEDER EXTENSrONS AND IMPROVEMENTS 01-1031-O3 17 (S) POWER FACTOR IMPROVEMENTS 01-1031-04 5 (G/R) TRANSFORMERS AND EQUIPMENT O1 1031-05 11 II) MISC TOOLS AND EQUIPMENT 01 1031 06 19 II) O/H TO UNDERGROUND CONVERSIONS 01-1031-O7 14 (G) MISC OFFICE EQUIPMENT/FURNITURE 01-1031 08 12 (G) 69KV LINE UPGRADE {POLES AND CONDUCTOR) 01 1031-09 18 (G) COMMUNICATION EQUIPMENT 01 1031-10 9 (G) STREET LIGHTS O1 1031-11 2 {G) CAPITAL CONSTRUCTION RESERVE 01 1031-12 13 (G/S) CONTINGENCY TOTAL 2OO0-2001 ELECTRIC DISTRIBUTION 01-1032-01 8 (R/I) REPLACE 69KV BREAKERS 01 1032-02 8 (G) DENTON NORTH SUBSTATION 01 1032-O3 8 II) REPLACE ELECTRO-MECH RELAYS 01 1032-O4 8 (G) NEW SUBSTATION (WEST) PHASE I TOTAL 2000-2001 ELECTRIC SUBSTATIONS 01 1033-01 14 II} OFFICE EQUIPMENT, COMPUTER, FURNITURE, SYSTEM MAP O1 1033 02 14 (I) OFFICE EQUIPMENT, COMPUTER, FURNITURE, SYSTEM MAP TOTAL 2000-2001 ELECTRIC ENGINEERING 01-1034-01 6 (G) METERS AND ASSOCIATED EQUIPMENT O1~1034-O2 7 (T) REMOTE METER READING PACKAGE O1 1034-O3 20 (G) POWER PROTECTION PROGRAM 01 1034~04 7 (R) ELECTR}C CONSUMPTION MONITORING TOTAL 2OO0-2001 ELECTRIC METER FIELD SERVICES O1 1061-O1 11 (N) TOOLS AND EQUIPMENT 01-1061-O2 18 (I) MISC FIBER OPTIC PROJECTS TOTAL 2000-2001 COMMUNICATIONS/FIBER TOTAL 2000-2001 ELECTRIC DEPARTMENT 10 "DedlcateE to Quality Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM ELECTRIC UTILITY ($ X 1000) (Cont) BOND CURRENT UTILITY AID-IN FISCAL YEAR FUND REVENUE FUNDING CONSTR COST $ 35 $ 35 $ $ 35 5 5 5 $ 40 $ 40 $ $ 40 1,526 $ 1,105 $ 2,631 $ $ 2,631 985 714 1,699 1,699 36 36 36 903 903 903 55 55 55 98 254 352 352 8 8 8 908 908 908 38 38 38 410 410 410 500 500 500 300 300 300 4,420 $ 3,420 $ 7,840 $ $ 7,840 77 $ 3 $ 80 $ $ 80 835 15 850 850 40 40 40 100 100 100 1,012 $ 58$ 1,070 $ $ 1,070 $ 8 $ 8 $ $ 8 5 5 5 $ 13 $ 13 $ $ 13 $ 384 $ 384 $ $ 384 200 200 200 16 16 16 20 20 20 $ 620 $ 620 $ $ 620 $ 10 $ 10 $ $ 10 150 150 150 150 $ 10 $ 160 $ $ 160 5,582 $ 4,161 $ 9,743 $ $ 9,743 11 "Dedicated to Quality Service' CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM ELECTRIC UTILITY ($ X 1000) PROJECT NUMBER GA PROJECT NAME 02-1011-01 11 (T) TOOLS AND EQUIPMENT 02 1011-O2 14 (T) OFFICE FURNITURE AND EQUIPMENT 02 1011-O3 1 (T) POWER PLANT IMPROVEMENTS TOTAL 2001-2002 ELECTRIC PRODUCTION 02-1031-01 3 (G) SERVICES 02 1031-O2 4 (G) FEEDER EXTENSIONS AND IMPROVEMENTS 02-1031-03 17 (S) POWER FACTOR IMPROVEMENTS 02 1031-O4 5 (G/R) TRANSFORMERS AND EQUIPMENT 02-1031 05 11 (I) MISC TOOLS AND EQUIPMENT 02-1031-06 19 (I) O/H TO UNDERGROUND CONVERSIONS 02-1031-07 14 (G) MISC OFFICE EQUIPMENT/FURNITURE 02 1031-O8 12 (G) 69KV LINE UPGRADE (POLES AND CONDUCTOR) 02 1031 09 18 (G) COMMUNICATION EQUIPMENT 02 1031-10 9 (G) STREET LIGHTS 02-1031-11 2 (G) CAPITAL CONSTRUCTION RESERVE 02-1031-12 13 (G/S) CONTINGENCY TOTAL 2001-2002 ELECTRIC DISTRIBUTION 02 1032-01 8 (R/I) REPLACE 69 KV BREAKERS 02-1032 02 8 (I) REPLACE ELECTRO-MECH RELAYS 02-1032-03 8 (G) NEW SUBSTATION (WEST) PHASE II TOTAL 2001-2002 ELECTRIC SUBSTATIONS 02-1033 O1 14 (I) OFFICE EQUIPMENT, COMPUTER, FURNITURE, SYSTEM MAP 02-1033-02 14 (I) OFFICE EQUIPMENT, COMPUTER, FURNITURE, SYSTEM MAP TOTAL 2001-2002 ELECTRIC ENGINEERING 02-1034-O1 6 (G) METERS AND ASSOCIATED EQUIPMENT 02-1034-02 7 (T) REMOTE METER READING EQUIPMENT 02 1034 03 20 (G) POWER PROTECTION PROGRAM TOTAL 2001-2002 ELECTRIC METER FIELD SERVICES 02-1061-01 11 (N) TOOLS AND EQUIPMENT TOTAL 2001-2002 COMMUNICATIONS/FIBER TOTAL 2001-2002 ELECTRIC DEPARTMENT 12 "Dedicated to Quality Service". CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM ELECTRIC UTILITY ($ X 10001 (Cont) BOND CURRENT UTILITY AID-IN FISCAL YEAR FUND REVENUE FUNDING CONSTR COST $ 35 $ 35 $ $ 35 5 5 5 650 650 650 $ 690 $ 690 $ $ 690 1,387 $ 1,005 $ 2,392 $ $ 2,392 206 149 355 355 37 37 37 703 703 703 50 50 50 352 352 352 5 5 5 1,283 1,283 1,283 38 38 38 209 209 209 500 500 500 300 300 300 4,215 $ 2,009 $ 6,224 $ $ 6,224 78 $ 2 $ 80 $ $ 80 40 40 40 2,300 2,300 2,300 2,378 $ 42$ 2,420 $ $ 2,420 $ 8 $ 8 $ $ 8 5 5 5 $ 13 $ 13 $ $ 13 362 $ 35 ~ 397 $ $ 397 210 210 210 18 18 18 572 $ 53 $ 625 $ $ 625 ~ 10 $ 10 $ $ 10 $ 10 $ 10 $ $ 10 7,165 $ 2,817 $ 9,982 $ $ 9,982 13 "Dedicated to Quality Service "- CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM ELECTR)C UTILITY ($ X 1000) PROJECT NUMBER GA PROJECT NAME 03 1011 01 11 (T) TOOLS AND EQUIPMENT 03-1011 02 14 (T) OFFICE FURNITURE AND EQUIPMENT TOTAL 2002-2003 ELECTRIC PRODUCTION 03 1031 01 3 (G) SERVICES 03 1031-02 4 (G) FEEDER EXTENSIONS AND IMPROVEMENTS 03 1031-03 17 (S) POWER FACTOR IMPROVEMENTS 03 1031-04 5 (G/R) TRANSFORMERS AND EQUIPMENT 03 1031 05 11 (I) MISCELLANEOUS TOOLS AND EQUIPMENT 03 103t-06 19 {I) O/H TO UNDERGROUND CONVERSIONS 03 1031-07 14 (G) MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE 03-1031-08 12 (G) 69KV LINE UPGRADE (POLES AND CONDUCTOR) 03-1031-09 18 (G) COMMUNICATION EQUIPMENT 03-1031 10 9 (G) STREET LIGHTS 03-1031 11 2 (G) CAPITAL CONSTRUCTION RESERVE 03 1031-12 13 (G/S) CONTINGENCY TOTAL 2002-2003 ELECTRIC DISTRIBUTION 03-1032-O1 8 (G) SPENCER INTERCHANGE 138KV BREAKER AND BUSS 03-1032-O2 8 (G) UPGRADE LOCUST SUBSTATION TO 138KV TOTAL 2002-2003 ELECTRIC SUBSTATIONS 03-1033-01 14 (I) OFFICE EQUIPMENT, COMPUTER, FURNITURE, SYSTEM MAP 03-1033-02 14 (I) OFFICE EQUIPMENT, COMPUTER, FURNITURE, SYSTEM MAP TOTAL 2002-2003 ELECTRIC ENGINEERING 03 1034-01 6 (G) METERS AND ASSOCIATED EQUIPMENT 03-1034-02 7 (T) REMOTE METER READING EQUIPMENT 03-1034-03 20 (G) POWER PROTECTION PROGRAM TOTAL 2002-2003 ELECTRIC METER FIELD SERVICES 03-1061 O1 16 (R) SCADA HARDWARE UPGRADES TOTAL 2002-2003 FIBER / GIS TOTAL 2002-2003 ELECTRIC DEPARTMENT 14 "Dedicated to Quality Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM ELECTRIC UTILITY ($ X 1000) (Cont) BOND CURRENT UTILITY AID-IN FISCAL YEAR I FUND REVENUE FUNDING CONSTR COST 9 35 9 35 9 $ 35 5 5 5 9 40 9 40 $ 9 40 1,466 9 1,061 9 2,527 $ 9 2,527 219 159 378 378 37 37 37 759 759 759 50 50 50 352 352 352 5 5 5 1,273 1,273 1,273 38 38 38 283 283 283 500 500 500 300 300 300 4,427 9 2,075 9 6,502 9 9 6,502 250 9 10 9 260 9 9 260 400 15 415 415 650 9 25 9 675 9 9 675 ~ 89 89 9 8 5 5 9 13 $ 13 9 9 13 359 9 49 9 408 9 9 408 220 220 220 20 20 20 579 9 69 9 648 $ 9 648 9 40 9 40 9 9 40 9 4O 9 4O 9 9 40 5,656 9 2~262 9 7,918 9 9 7,918 15 "Dedicated to Quality Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM ELECTRIC UTILITY ($ X 1000) PROJECT NUMBER GA PROJECT NAME 04 1011-01 11 (T) TOOLS AND EQUIPMENT 04-1011-02 14 (T) OFFICE FURNITURE AND EQUIPMENT TOTAL 2003-2004 ELECTRIC PRODUCTION 04 1031-O1 3 ((3)SERVICES 04 1031-02 4 (G) FEEDER EXTENSIONS AND IMPROVEMENTS O4-1031-O3 17 (S) POWER FACTOR IMPROVEMENTS O4-1031 04 5 (G/R) TRANSFORMERS AND EQUIPMENT 04 1031-05 11 (I) MISCELLANEOUS TOOLS AND EQUIPMENT 04 1031-06 19 (I) O/H TO UNDERGROUND CONVERSIONS O4-1031-07 14 (G) MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE O4-1031 08 12 {G) 69KV LINE UPGRADE (POLES AND CONDUCTOR) O4-1031-O9 18 (G) COMMUNICATION EQUIPMENT 04 1031-10 9 (G) STREET LIGHTS 04 1031-11 2 (G) CAPITAL CONSTRUCTION RESERVE O4-1031-12 13 (G/S) CONTINGENCY TOTAL 2003-2004 ELECTRIC DISTRIBUTION O4-1032-01 8 (G) UPGRADE LOCUST SUBSTATION TO 138KV PHASE II TOTAL 2003-2004 ELECTRIC SUBSTATIONS 0441033-01 14 (I) OFFICE EQUIPMENT, COMPUTER, FURNrTURE, SYSTEM MAP 04-1033-02 14 (I) OFFICE EQUIPMENT COMPUTER, FURNITURE, SYSTEM MAP TOTAL 2003-2004 ELECTRIC ENGINEERING O4-1034-O1 6 (G) METERS AND ASSOCIATED EQUIPMENT 04 1034-02 7 (G) REMOTE METER READING EQUIPMENT O4-1034-O3 20 (G) POWER PROTECTION PROGRAM TOTAL 2003-2004 ELECTRIC METER FIELD SERVICES O4-1061-01 11 (N) TOOLS AND EQUIPMENT O4-1061-02 18 (I) MISCELLANEOUS FIBER OPTIC PROJECTS TOTAL 2003-2004 FIBER / GIS TOTAL 2003 2004 ELECTRIC DEPARTMENT 16 "Dedicated to Quality Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM ELECTRIC UTILITY ($ X 1000) (Cont) BOND CURRENT UTILITY AID IN FISCAL YEAR 1 FUND REVENUE FUNDING CONSTR COST $ 35 $ 35 $ $ 35 5 5 5 $ 40 $ 40 $ $ 40 1,542 $ 1,117 $ 2,659 $ $ 2,659 295 213 508 508 37 37 37 794 794 794 50 50 50 352 352 352 5 5 5 1,040 1,040 1,040 38 38 38 211 211 211 500 500 500 300 300 300 4,309 $ 2,185 $ 6,494 $ $ 6,494 1,200 $ 15$ 1,215 $ $ 1,215 1,200 $ 15 $ 1,215 $ $ 1,215 $ 8 $ 8 $ $ 8 5 5 5 $ 13 $ 13 $ $ 13 367 $ 50 $ 417$ $ 417 140 140 140 22 22 22 507 $ 72 $ 579$ $ 579 $ 10 $ 10 $ $ 10 150 150 150 150 $ 10$ 160$ $ 160 6,166 $ 2,335 $ 8,501 $ $ 8,501 17 "Dedicated to Guality Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM CASH REQUIREMENTS WATER UTILITY ($ X 1000) GROUP ASSIGNMENT NUMBERS * * CATEGORY 2000 1 New Water Plent/Transmms~on L~ne $ 7,9§2 2 Booster Station 4,840 3 Elevated Storage 2,340 4 D~stnbutmn System Upgrade 4,994 5 Replacement Water L~nes 335 6 F~eld Services Replace Water L~nes 200 7 Development Plan Water L~nes 250 8 Oversize Water L~nes I00 9 Taps, F~re Hydrants, and Meters 438 10 Tools and Equipment 33 11 Caprtal Construction Reserve 260 12 Commumcat~ons and Control 175 13 Office Furmture, Computer and Equipment 29 14 M~scellaneous 44 15 Regulatory D~smfect~on Modifications 16 Water Plant Improvements 210 17 State H~ghway RelocaUons 2,386 $ 24,576 Bond Fund 22,163 Current Revenue 2,294 Aid In Conetruction 99 Grand Total $ 24,576 GROWTH IMPROVED SERVICE EQUIPMENT REPLACEMENT STATUTORY TECHNOLOGY **GROUP ASSIGNMENT (GA) NUMBERS are used for ~dent~flcat~on of CIP Projects by major category of expense 18 "Dedicated to Qualtty Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM CASH REQUIREMENTS WATER UTILITY ($ X 1000) (Cont } I 2001 2002 2003 2004 TOTALI 11,512 $ 7,613 $ $ $ 27,077 4,840 757 54-0 10,977 700 3,040 1,105 2,271 1,018 823 10,211 365 345 300 300 1,645 200 200 200 200 1,000 250 250 250 250 1,250 1 O0 1 O0 1 O0 1 O0 500 450 460 470 482 2,300 153 55 60 45 346 250 250 250 250 1,250 100 6 281 12 16 13 13 83 21 19 19 19 122 497 2,394 4,992 7,883 35 10 10 10 275 2,386 20,093 $ 12,849 $ 5,624 $ 7,484 $ 70,626 17,966 11,238 4,052 5,915 61,354 2,023 1,503 1,458 1,449 8,727 104 108 114 120 545 20,093 $ 12,849 $ 6,624 $ 7,484 $ 70,626 19 "Dedicated to Quality Service CITY OF DENTON TEXAS CAPITAL IMPROVEMENT PROGRAM WATER UTILITY ($ X 1000) PROJECT NUMBER GA PROJECT NAME 00-0300-01 13 (R) MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE TOTAL 1999 2000 UTILITY ADMINISTRATION 00 0450-01 13 (RI MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE 00 0450 02 13 (R) MISCELLANEOUS OFFICE MACHINES TOTAL 1999 2000 WATER ADMINISTRATION O0 0460-02 13 (R) OFFICE FURNITURE AND EQUIPMENT 00 0460-03 10 (R) TOOLS AND EQUIPMENT 00 0460-04 16 (R) CHEMICAL FEED AND PROCESS CONTROL EQUIPMENT 00-0460 05 16 (R) DISTRIBUTED CONTROL UPGRADE FOR PLANT FILTERS O0 0460-06 12 {T) REPLACE SCADA SYSTEM O0 0460AO1 1 (G) RAY ROBERTS WTP AND RAW WATER FACILITIES (1988) 00 0460A03 2 (G} BOOSTER STATION AND SYSTEM TIE IN 00-0460C02 1 (G) FINISHED WATER TRANSMISSION LINE (1991) 00-0460K09 3 (G) 2 MG ELEVATED STORAGE TANK 00 0460K10 3 (G) I MG ELEVATED STORAGE FOR UPPER PLANE TOTAL 1999 2000 WATER PRODUCTION 00-0461 01 8 (G) OVERSIZE WATER LINES 00-0461-02 13 (R) MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE 00 0461-03 9 (G) WATER TAPS, LOOPS 00-0461-04 10 (R) MISCELLANEOUS EQUIPMENT 00-0461 05 5 (R) REPLACE WATER LINE RANCH ESTATES I 00-0461 06 6 (R) (2000) FIELD SERVICES REPLACE WATER LINES 00 0461-07 5 (R) REPLACE WATER LINE - AMARILLO 00 0461-O8 7 (G) DEVELOPMENT PLAN WATER LINES 00 0461 09 4 (I) DISTRIBUTION SYSTEM UPGRADE (HWY377) 00-0461 10 4 (I) DISTRIBUTION SYSTEM UPGRADE (LOOP 288) 00-0461 11 4 (I) PRESSURE REDUCING VALVES & VAULTS O0 0461 12 11 (R) CAPITAL CONSTRUCTION RESERVE 00 0461 13 4 (G) LILLIAN MILLER / FM 2181 WATER LINE 00 0461G12 17 (S) STATE HIGHWAY 380 RELOCATION MIDDLE/EAST 00 0461J12 4 (I) DISTRIBUTION SYSTEM UPGRADE (BERNARD) 00-0461K05 5 (R) REPLACE WATER LINE WESTWOOD 00~0461K09 17 (S) STATE HIGHWAY 77 RELOCATION TOTAL 1999 2000 WATER DISTRIBUTION O0 0462 01 9 (R) WATER METERS 00-0462 02 14 (S) MISCELLANEOUS EQUIPMENT O0 0462 03 9 (R) REPLACE FIRE HYDRANTS 00-0462 04 14 (R) RADIO EQUIPMENT TOTAL 1999 2000 WATER METER REPAIR 20 ' Dedicated to Quality Service CITY OF DENTON, TEXAS CAPI"~ AL IMPROVEMENT PROGRAM WATER UTILITY ($ X 1000) (Cont) -'----'----'~T AL BOND CURRENT UTILITY AID-IN FUND REVENUE FUNDING CONSTR cOST 5 $ $ 5 $ 2 $ 2 $ $ 2 2 2 2 $ 2 $ 2 $ $ 2 5 5 5 10 10 10 200 200 200 175 175 175 3,580 3,580 4,840 3,580 4,840 4,372 4,840 4,372 1,450 4,372 1,450 890 1,450 890 ~ $ 100 100 $ $ 100 $ 1 1 1 87 87 99 186 23 23 23 17 17 17 200 200 200 11 11 11 250 250 250 2,606 2,606 369 2,606 369 369 60 60 60 250 280 250 1,100 1,100 1,236 1,100 1,236 859 1,236 859 859 307 307 307 1,150 1,150 $ 210 $ 210 $ $ 210 16 16 16 42 42 42 3 3 3 -----------'-'--- 271 21 -- .."Dedicated to Quality Service"- CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGR-~-M WATER UTILITY ($ X 1000} PROJECT F~UMRER GA PROJECT NAME 00 0463 01 13 (R) OFFICE EQUIPMENT AND FURNITURE 00 0463 02 13 (R) MISCELLANEOUS OFFICE MACHINES 00-0463 03 14 (R) MISCELLANEOUS EQUIPMENT 00 0463-04 14 (R) RADIO EQUIPMENT TOTAL 1999 2000 WATER ENGINEERING 00 0480 01 13 (T) DIV INFORMATION MANAGEMENT SYSTEM O0 0480 02 14 {T) LABORATORY CHEMICAL MSDS SOFTWARE 00-0480 03 10 (R) LABORATORY RENOVATION TOTAL 1999-2000 WATER LAB TOTAL 1999 2000 WATER DEPARTMENT 22 --"Dedicated to Quality Service"-- -- CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM WATER UTILITY ($ X 1000) (Cont) TOTAL TOTAL BOND CURRENT UTILITY AID-IN FISCAL YEAR FUND REVENUE FUNDING CONSTR COST $ 2 $ 2 $ $ 2 13 13 13 3 3 3 2 2 2 $ 20 $ 20 $ ~ 20 $ 2 $ 2 $ $ 2 20 20 20 5 5 5 $ 27 $ 27 $ $ 27 22,183 $ 2,294 $ 24,477 $ 99 $ 24,576 23 "Dedicated to Quality Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM WATER UTILITY (t~ X 1000) PROJECT NUMBER GA PROJECT NAME 01 0300 01 13 (R) MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE TOTAL 2000-2001 UTILITY ADMINISTRATION O1 0450-01 13 (R) MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE 01 0450 02 13 (R) MISCELLANEOUS OFFICE MACHINES TOTAL 2000 2001 WATER ADMINISTRATION 01 0460-02 13 (R) OFFICE FURNITURE AND MACHINES 01 0460-03 10 (R) TOOLS AND EQUIPMENT 01 0460-04 16 (R) CHEMICAL FEED AND PROCESS CONTROL EQUIPMENT 01 0460-05 16 (R) REPLACE EXISTING CHEMICAL STORAGE TANK 01 0460-06 10 (T) PARTICLE COUNTERS 01 0460 07 12 (T) RAW WATER PUMP STATION AND WTP SECURITY 01 0460A01 1 (G) RAY ROBERTS WTP AND RAW WATER FACILITIES (1988) 01 0460A03 2 (G) BOOSTER STATION AND SYSTEM TIE-IN 01 0460C02 1 (G) FINISHED WATER TRANSMISSION LINE (1991) 01-0460K09 3 (G) 2 MG ELEVATED STORAGE TANK TOTAL 2000 2001 WATER PRODUCTION 01 0461-01 8 (G) OVERSIZE WATER LINES 01-0461-02 13 (R) OFFICE FURNITURE AND MACHINES 01 0461-03 9 (G) WATER TAPS, LOOPS 01 0461-04 10 (R) MISCELLANEOUS EQUIPMENT 01-0461-05 5 (R) REPLACE WATER LINE RANCH ESTATES II 01 0461 06 6 (R) (2001) FIELD SERVICES REPLACE WATER LINES 01 0461-08 7 (G) DEVELOPMENT PLAN WATER LINES 01 0461-12 11 (R) CAPITAL CONSTRUCTION RESERVE O1-0461-09 4 (I) DISTRIBUTION SYSTEM UPGRADE (LOOP 288) 01 0461L10 4 (I) DISTRIBUTION SYSTEM UPGRADE (LOOP 288) 01-0461 LO5 5 (R) REPLACE WATER LINE - RANCH ESTATES I 01-0461L07 5 (R) REPLACE WATER LINE AMARILLO TOTAL 2000-2001 WATER DISTRIBUTION 01-0462-01 9 (R) WATER METERS 01-0462-02 14 (S) MISCELLANEOUS EQUIPMENT 01-0462-03 9 (R) REPLACE FIRE HYDRANTS TOTAL 2000-2001 WATER METER REPAIR 01-0463-01 13 (R) MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE 01-0463-02 13 (R) OFFICE EQUIPMENT MACHINES 01 0463-03 14 (R) MISCELLANEOUS EQUIPMENT 01 0463-04 14 (R) RADIO EQUIPMENT TOTAL 2000-2001 WATER ENGINEERING 01 0480-01 10 (T) ICP SPECTROMETER TOTAL 2000-2001 WATER LABORATORY TOTAL 2000-2001 WATER DEPARTMENT 24 -"Dedicated to Quality Service "' CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM WATER UTILITY ($ X 1000) (Cont) TOTAL TOTAL BOND CURRENT UTILITY AID-IN FISCAL YEAR FUND REVENUE FUNDING CONSTR COST $ 1 $ 1 $ $ 1 $ 1 $ 1 ~ $ 1 $ 1 $ 1 $ $ 1 1 1 1 (~ 2 ~ 2 ~ ~ 2 ~ 2 ~ 2 ~ ~ 2 5 5 5 10 10 10 25 25 25 70 70 70 100 100 100 7,140 7,140 7,140 4,840 4,840 4,840 ~,372 4,372 4,372 700 700 700 17,052 ~ 212 ~ 17,264 ~ ~ 17,264 100 ~ ~ 100 ~ ~ 100 3 3 3 g4 g4 104 lg8 30 30 30 25 25 25 200 200 200 250 250 250 250 250 250 33g 339 33g 766 766 766 lgg lgg lgg 141 141 141 866 ~ 1,531 ~ 2,397 ~ 104 ~ 2,501 ~ 210 ~ 210 ~ ~ 210 16 16 16 42 42 42 ~ 268 ~ 268 ~ ~ 268 ~ 2 6 2 ~ ~ 2 2 2 2 3 3 3 2 2 2 ~ g ~ g ~ ~ g 48 ~ ~ 48 ~ ~ 48 48 ~ ~ 48 ~ ~ 48 17,g66 8 2~023 ~ lg,g89 ~ 104 ~ 20~093 2~ "D~l=~md ~ Oua~W $erwce '~ CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM WATER UTILITY ($ X 1000) PROJECT NUMBER GA PROJECT NAME 02 0300-01 13 (R) MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE TOTAL 2001 2002 UTILITY ADMINiSTRATiON 02 0450 01 13 (R) MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE O2-0450-02 13 (R} MISCELLANEOUS OFFICE MACHINES TOTAL 2001 2002 WATER ADMINISTRATION O2-O460-01 15 (S) OZONATION (SPENCER PLANT) DISlNF SYSTEM 02 0460-02 13 (R) OFFICE FURNITURE AND MACHINES 02 0460 03 10 (R) TOOLS AND EQUIPMENT 02~0460 04 16 (R) CHEMICAL FEED AND PROCESS CONTROL EQUIPMENT 02 0460-05 12 (G) MOTOROLA RADIOS FOR RAY ROBERTS PLANT 02-0460A01 I (G) RAY ROBERTS WTP AND RAW WATER FACILITIES (1988) 02-0460A03 2 (G) BOOSTER STATION AND SYSTEM TIE IN 02-0460C02 1 (G) FINISHED WATER TRANSMISSION LINE (1991) 02-0460-07 2 {G) BOOSTER STATION FOR THE UPPER PLANE 02 0460-08 15 (G) CHLORINATION BUILDING AND FEED SYSTEM TOTAL 2001-2002 WATER PRODUCTION 02 0461-01 8 (G) OVERSIZE WATER LINES O2-0461-02 13 (R) OFFICE FURNITURE AND MACHINES 02 0461-03 9 (G) WATER TAPS, LOOPS 02-0461-04 10 (R) MISCELLANEOUS EQUIPMENT O2-0461-05 5 iR) (2002) REPLACE WATER LINE O2-0461-06 6 (R) FIELD SERVICES REPLACE WATER LINES O2-0461-08 7 (G) DEVELOPMENT PLAN WATER LINES O2-0461-09 4 (I) DISTRIBUTION SYSTEM UPGRADE (LOOP 288) O2-O461-12 11 (R) CAPITAL CONSTRUCTION RESERVE 02 O461L10 4 (I) DISTRIBUTION SYSTEM UPGRADE (LOOP 288) 02 0461M05 5 (R) REPLACE WATER LINE - RANCH ESTATES II 02 0461M09 4 {I) DISTRIBUTION SYSTEM UPGRADE (LOOP 288) TOTAL 2001 2002 WATER DISTRIBUTION 02 0462~01 9 (R) WATER METERS 02 0462-02 14 (S) MISCELLANEOUS EQUIPMENT 02 0462-03 9 (R) REPLACE FIRE HYDRANTS TOTAL 2001-2002 WATER METER REPAIR O2-0463-01 13 (R) MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE 02-0463-02 13 (R) OFFICE EQUIPMENT MACHINES 02-0463-03 14 (R) MISCELLANEOUS EQUIPMENT TOTAL 2001-2002 WATER ENGINEERING O2-0480-01 10 (T) MICROSCOPE WITH FLUORESCENCE ACCS O2-0480-02 13 (T) DIV INFORMATION MANAGEMENT SYSTEM TOTAL 2001-2002 WATER LABORATORY TOTAL 2001-2002 WATER DEPARTMENT 26 *'Dedicated to Quality Service"- CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM WATER UTILITY {$ X 1000) (Cont) TOTAL TOTAL BOND CURRENT UTILITY AIDIN FISCALYEAR FUND REVENUE FUNDING CONSTR COST $ 15 1~ $ 1 $ 15 15 $ 1 $ 15 15 $ 1 2 2 2 $ 35 35 $ 3 397 $ $ 397 $ $ 397 2 2 2 5 5 5 10 10 10 6 6 6 7,140 7,140 7,140 697 697 697 473 473 473 60 60 60 100 100 100 8,867 $ 23 $ 8,890 $ $ 8,890 100 $ $ 100 $ $ 100 3 3 3 100 100 108 208 30 30 30 20 20 20 200 200 200 250 250 250 295 295 295 250 250 250 755 755 755 325 325 325 1,221 1,221, 1,221 2,371 $ 1,178 $ 3,549 $ 108 $ 3,657 $ 210 $ 210 $ $ 210 16 16 16 42 42 42 $ 268$ 268$ $ 268 $ 25 25 $ 2 2 2 2 3 3 3 $ 75 75 $ 7 $ 20 $ 20 $ $ 20 3 3 3 $ 23 $ 23 $ $ 23 11,238 $ lr503 $ 12,741 $ 108 $ 12,849 27 "D~ated~ Qu~WSe~lce" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM WATER UTILITY ($ X 1000) PROJECT NUMBER GA PROJECT NAME 03 0300-01 13 (R) MISCELLANEOUS OFFICE EQUIPMENT/FURNrTURE TOTAL 2002 2003 UTILITY ADMINISTRATION 03 0450 01 13 (R) MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE 03 0450-02 13 (R) MISCELLANEOUS OFFICE MACHINES TOTAL 2002 2003 WATER ADMINISTRATION 03 0460 02 13 (R) OFFICE FURNITURE AND MACHINES 03 0460 03 10 (R) TOOLS AND EQUIPMENT 03 0460 04 16 (R) CHEMICAL FEED AND PROCESS CONTROL EQUIPMENT 03-0460008 15 (G) CHLORINATION BUILDING AND FEED SYSTEM 03 0460001 15 (S) OZONATION (SPENCER PLANT) DISlNF SYSTEM 03 0460 07 2 (G) BOOSTER STATION FOR THE UPPER PLANE TOTAL 2002 2003 WATER PRODUCTION 03 0461-01 8 (G) OVERSIZE WATER LINES 03 0461-02 13 (R) OFFICE FURNITURE AND MACHINES 03 0461-03 9 {G) WATER TAPS, LOOPS 03 0461-04 10 (R) MISCELLANEOUS EQUIPMENT 03 0461-05 5 (R) (2003) REPLACE WATER LINE 03 0461-06 6 (R) FIELD SERVICES REPLACE WATER LINES 03 0461-08 7 {G) DEVELOPMENT PLAN WATER LINES 03 0461 09 4 (I) DISTRIBUTION SYSTEM UPGRADE (LOOP 288) 03 0461 12 11 (R) CAPITAL CONSTRUCTION RESERVE 03 0461N05 5 (R) (2002) REPLACE WATER LINE 02 0461NO9 4 (I) DISTRIBUTION SYSTEM UPGRADE (LOOP 288) TOTAL 2002-2003 WATER DISTRIBUTION 03 0462 01 9 (R) WATER METERS 03 0462 02 14 (S) MISCELLANEOUS EQUIPMENT 03-0462 03 9 (R) REPLACE FIRE HYDRANTS TOTAL 2002 2003 WATER METER REPAIR 03 0463 01 13 (R) MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE 03 0463 02 13 (R) OFFICE EQUIPMENT MACHINES 03 0463 03 14 (R) MISCELLANEOUS EQUIPMENT TOTAL 2002 2003 WATER ENGINEERING 03 0480 01 10 (R) LABORATORY CASEWORK 03 0480-02 10 (R) LABORATORY EQUIPMENT TOTAL 2002 2003 WATER LABORATORY TOTAL 2002 2003 WATER DEPARTMENT 28 ' Dedicated to Quality Service CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM WATER UTILITY {$ X 1000) (Cont) TOTAL TOTAL BOND CURRENT UTILITY AIDIN FISCALYEAR FUND REVENUE FUNDING CONSTR COST $ 15 15 $ 1 $ 15 15 $ 1 $ 15 15 $ 1 2 2 2 $ 39 35 $ 3 $ 25 25 $ 2 5 5 5 10 10 10 500 500 500 1,894 1,894 1,894 540 540 540 2,934 S 17 $ 2,951 $ $ 2,951 100 $ $ 100 $ $ 100 3 3 3 104 104 114 218 20 20 20 20 20 20 200 200 200 250 250 250 252 252 252 250 250 250 280 280 280 766 766 766 1,118 $ 1,127 $ 2,245 $ 114 $ 2,359 $ 210 $ 210 $ $ 210 16 16 16 42 42 42 $ 268 $ 268 $ $ 268 $ 25 25 $ 2 2 2 2 3 3 3 $ 75 75 $ 7 $ 25 $ 25 $ $ 25 10 10 10 $ 35 $ 35 $ $ 35 4,052 $ 1,458 $ 5,510 $ 114 $ 5,624 29 "Dedicated to Quality Serwce" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM WATER UTILITY ($ X 1000) PROJECT NUMBER GA PROJECT NAME 04 0300-01 13 (R) MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE TOTAL 2003 2004 UTILITY ADMINISTRATION 04 0450 01 13 (R) MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE 04-0450 02 13 (R) MISCELLANEOUS OFFICE MACHINES TOTAL 2003 2004 WATER ADMINISTRATION 04 0460-02 13 (R) OFFICE FURNITURE AND MACHINES 04 0460-03 10 (R) TOOLS AND EQUIPMENT 04 0460-04 16 (R) CHEMICAL FEED AND PROCESS CONTROL EQUIPMENT 04 0460008 15 (G) CHLORINATION BUILDING AND FEED SYSTEM 04 0460001 15 {S) OZONATION (SPENCER PLANT) DISINF SYSTEM TOTAL 2003 2004 WATER PRODUCTION 04 0461 01 8 (G) OVERSIZE WATER LINES 04 0461 02 13 (R) OFFICE FURNITURE AND MACHINES 04 0461 03 9 (G) WATER TAPS, LOOPS 04-0461-04 10 (R) MISCELLANEOUS EQUIPMENT 04 0461-05 5 (R) (2004) REPLACE WATER LINE 04 0461-06 6 (R) FIELD SERVICES REPLACE WATER LINES 04 0461-08 7 (G) DEVELOPMENT PLAN WATER LINES 04 0461-09 4 (I) DISTRIBUTION SYSTEM UPGRADE 04-0461-12 11 {R) CAPITAL CONSTRUCTION RESERVE 04 0461006 5 (R) (2003) REPLACE WATER LINE TOTAL 2003-2004 WATER DISTRIBUTION 04 0462 01 9 (R) WATER METERS 04-0462-02 14 (S) MISCELLANEOUS EQUIPMENT 04-0462 03 9 (R) REPLACE FIRE HYDRANTS TOTAL 2003 2004 WATER METER REPAIR 04 0463-01 13 (R) MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE 04 0463-02 13 (R) OFFICE EQUIPMENT MACHINES 04 0463-03 14 (R) MISCELLANEOUS EQUIPMENT TOTAL 2003-2004 WATER ENGINEERING 04 0480 01 10 (T) MASS SPECTROMETER 04-0480-02 10 (R) LABORATORY-FURNACE/AC UNIT TOTAL 2003-2004 WATER LABORATORY TOTAL 2003-2004 WATER DEPARTMENT 30 "Dedicated to Quality Service CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM WATER UTILITY {$ X 1000) (Cont) TOTAL TOTAL BOND CURRENT UTILITY AID IN FISCAL YEAR FUND REVENUE FUNDING CONSTR COST $ I ~ 1 $ $ 1 $ 1 $ 1 $ $ 1 $ I $ 1 $ $ 1 $ 3 $ 3 $ $ 3 $ 2 $ 2 $ $ 2 5 5 5 10 10 10 1,200 1,200 1,200 3,792 3,792 3,792 4,992 $ 17 $ 5,009 $ $ 5,009 100 $ $ 100 $ $ 100 3 3 3 110 110 120 230 20 20 20 20 20 20 200 200 200 250 250 250 823 823 823 250 250 250 280 280 280 923 $ 1,133 $ 2,056 $ 120 $ 2,176 $ 210 $ 210 $ $ 210 16 16 16 42 42 42 $ 268$ 268 $ $ 268 $ 2 $ 2 $ $ 2 2 2 2 3 3 3 $ 7 $ 7 $ $ 7 $ 14 $ 14 $ $ 14 6 6 6 $ 20 $ 20 $ $ 20 5,915 $ 1,449 $ 7,364 $ 120 $ 7,484 31 "Dedleatod to Qualtty Sen~lee"- CITY OF DENTON TEXAS CAPITAL IMPROVEMENT PROGRAM CASH REQUIREMENTS WASTEWATER DEPARTMENT ($ X 1000) GROUP ASSIGNMENT* * NUMBERS CATEGORY 2000 1 Wastewater Plant Improvements $ 35 2 Wastewater Plant Expansion/Construction 9,500 3 L~ftstat~on Improvements 1,724 4 Collection System Upgrade 3,109 5 Replacement Sewer Lines 1,265 6 Development Plan Sewer Lines 250 7 Oversize Wastewater Lines 100 8 Inflltratmn/Inflow 1,410 9 Taps 50 10 Tools and Equipment 70 11 Capital Construction Reserve 250 12 Commumcat~ons & Control 49 13 Office Furniture/Computer/Equipment 18 14 M~scellaneous 20 15 State H~ghway Relocations 447 16 Drainage Improvements 2,084 17 Bridge/Culvert Improvements TOTALS (~ 20,381 Bond Fund 18,896 Current Revenue 1,435 Aid in Constructmn 50 Grand Total $ 20,381 GROWTH IMPROVED SERVICE EQUIPMENT REPLACEMENT STATUTORY TECHNOLOGY **GROUP ASSIGNMENT (GA) NUMBERS are used for ~dent~flcatlon of ClP Projects by major of expense 32 "Dedicated to Quality Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM CASH REQUIREMENTS WASTEWATER DEPARTMENT ($ X 1000) (Cont) 2001 2002 2003 2004 TOTAL 80 $ $ $ 175 $ 290 7,000 16,500 55 67 1,846 269 1,857 1,750 1,750 8,735 378 350 350 350 2,693 250 250 250 250 1,250 100 100 100 100 500 875 976 1,050 4,050 8,360 50 50 50 50 250 157 163 49 82 521 250 250 250 250 1,250 49 3 31 6 6 64 80 52 10 162 447 2,000 2,000 2,000 2,000 10,084 11,492 $ 6,078 $ 5,920 $ 9,130 $ 53,001 9,536 4,607 4,400 7,500 44,939 1,906 1,421 1,470 1,580 7,812 50 50 50 50 250 11,492 $ 6,078 $ 5,920 $ 9,130 $ 63,001 33 "Dedicated to Quality Serwce " CITY OF DENTON TEXAS CAPITALIMPROVEMENT PROGRAM WASTEWATER UTILITY {$ X 1000) PROJECT NUMBER GA PROJECT NAME O0-0451 01 13 (R) MISCELLANEOUS OFFICE EQUIPMENT/FI~RNITURE 00-0451-02 13 (R) MISCELLANEOUS OFFICE MACHINES TOTAL 1999 2000 WASTEWATER ADMINISTRATION 00~0470 01 12 (T) LIFT STATION SCADA 00-0470-02 I (S) PROCESS IMPROVEMENT 00-0470-03 3 (S) LIFT STATION RENOV 00-0470-04 3 (T) ULTRASONIC LEVEL INDICATORS 00-0470-05 14 (I) IRRIGATION EQUIPMENT 00-0470-06 2 (G) LAND PURCHASE 00-0470-K08 2 (S) WWTP UPGRADE 21 MGD TOTAL 1999-2000 WATER RECLAMATION 00-0471 01 7 (G) OVERSIZE SEWER LINES 00-0471-02 10 (R) MISCELLANEOUS EQUIPMENT 00-0471-03 9 (G) SEWER TAPS O0-0471-04 6 (G) DEVELOPMENT PLAN SEWER LINES 00-0471-05 8 (I) I/I CORRECTION - MIDDLE PECAN CREEK BASIN 00-0471-06 8 (I) SMOKE TESTING - HICKORY CREEK 00-0471-07 8 (R) MANHOLE IMPROVEMENT 00-0471-08 5 (R) FIELD SERVICE SANITARY SEWER REPLACEMENT 00-0471 09 8 (I) GAYLA BRIDGES SEWER LINE 00-0471-10 5 (R) PARVIN SEWER LINES 00-0471-11 12 (R) RADIO EQUIPMENT 00-0471-12 11 (R) CAPITAL CONSTRUCTION RESERVE O0-0471 13 4 (G) GRAVEYARD BRANCH INTERCEPTOR 00-0471G08 3 (I) BARROW LIFT STATION 00-0471G11 15 (R) HWY 380 SEWER LINE RELOCATION ELM TO LOOP 288 00-0471105 8 (I) I/I CORRECTION - WESTERN PECAN CREEK BASIN 00-0471J12 3 (I) COOPER CREEK LIFT STATION 00-0471 K11 15 (R) REPLACE SEWER LINES - UNDERWOOD PHASE II 00-0471K10 5 (R) HWY 77 SEWER LINE RELOCATION 380 TO 1-35 TOTAL 1999-2000 SEWER COLLECTION 00-0472-01 10 (S) FIELD EQUIPMENT 00 0472-02 13 (R) OFFICE EQUIPMENT AND FURNITURE 00-0472 03 13 {T) OFFICE MACHINES 00-0472 04 10 (T) DATA LOGGER 00-0472-05 10 (T) FLOW TOTES TOTAL 1999-2000 WASTEWATER ENGINEERING O0-0475-01 16 (G) WATERSHED PLAN/DRAINAGE MASTER PLANS 00-0475-02 16 (I) MISCELLANEOUS DRAINAGE PROJECTS 00-0475-03 16 MISCELLANEOUS DRAINAGE IMPROVEMENTS TOTAL 1999 2000 DRAINAGE 34 "Dedicated to Quel/ty Service °' CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM WASTEWATER UTILITY ($ X 1000) (Cont) TOTAL FISCAL BOND CURRENT CITY AID IN YEAR FUND REVENUE FUNDING CONSTR COST $ 1 S 1 $ $ 1 1 1 1 $ 2 $ 2 $ $ 2 $ 37 $ 37 $ $ 37 35 35 35 4 4 4 30 30 30 20 20 20 2,500 2,500 2,500 7,000 7 000 7,000 9,500 (~ 126 $ 9,626 $ $ 9,626 100 $ $ 100 $ $ 100 12 12 12 50 50 250 250 250 150 150 150 200 200 200 150 150 150 50 50 50 210 210 210 15 15 15 5 5 5 250 250 250 3,109 3,109 3,109 190 190 190 213 213 213 700 700 700 1,500 1,500 1,500 234 234 234 1,200 1,200 1,200 7,396 $ 1,142 $ 8,538 $ 50 $ 8,588 $ 3 $ 3 $ $ 3 7 7 7 5 5 5 2 2 2 16 16 16 $ 33 $ 33 $ $ 33 750 $ $ 750 $ $ 750 1,250 1,250 1,250 84 84 84 2,000 $ 84 $ 2,084 $ $ 2,084 35 "Dedicated to Quality Service CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM WASTEWATER UTILITY ($ X 1000) PROJECT NUMBER GA PROJECT NAME 00 0481 01 13 (T) DIV rNFORMATION MANAGEMENT SYSTEM 00 0481 02 10 (T) BIOCHEMICAL OXYGEN DEMAND WORKSTATION TOTAL 1999-2000 WASTEWATER LABORATORY 00 0483 01 10 (T) DIGITAL CAMERA 00 0483 02 10 {S) PRETREATMENT SAMPLING/SAFETY 00 0483 03 12 [T) RADIOS 00 0483 04 13 (R) REPLACEMENT FAX MACHINE TOTAL 1999-2000 WASTEWATER PRETREAT TOTAL 1999-2000 WASTEWATER UTILITY TOTAL 1999-2000 DRAINAGE TOTAL 1999-2000 WASTEWATER DEPARTMENT 36 'Dedicated to Qual;ty Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM WASTEWATER UTILITY ($ X 1000) {Cont ) TOTAL FISCAL BOND CURRENT CITY AID-IN YEAR FUND REVENUE FUNDING CONSTR COST $ 2 ~ 2 $ ~ 2 27 27 27 $ 29 (~ 29 $ $ 29 $ 1 ~ 1 $ $ 1 9 9 9 7 7 7 2 2 2 ~ 19 $ 19 $ $ 19 16,896 $ 1,351 $ 18,247 (~ 50 $ 18,297 2,000 84 2,084 2,084 18,896 $ 1,435 t~ 20,331 ~ 50 $ 20,381 37 "Dedicated to Quality Service CITY OF DENTON TEXAS CAPITAL IMPROVEMENT PROGRAM WASTEWATER UTILITY {$ X 1000) PROJECT NUMBER GA PROJECT NAME 01-0451 01 13 (R) MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE 01 0451-02 13 (R) MISCELLANEOUS OFFICE MACHINES TOTAL 2000 2001 WASTEWATER ADMINISTRATION 01 0470 01 1 (I) COVERED STORAGE FACILITY 01 0470 02 10 (R) BELT FILTER PRESS 01 0470 03 1 (S) FENCING 01 0470 KO8 2 (S) WWTP UPGRADE 21 MGO TOTAL 2000 2001 WATER RECLAMATION 01 0471 01 7 (G) OVERSIZE SEWER LINES 01 0471 02 10 (R) MISCELLANEOUS EQUIPMENT 01 0471 03 9 (G) SEWER TAPS 01 0471 04 6 (G) DEVELOPMENT PLAN SEWER LINES 01 0471 07 8 (R) MANHOLE IMPROVEMENT 01 0471 08 5 (R) FIELD SERVICE SANITARY SEWER REPLACEMENT 01-0471 09 4 (G) CORDELL SEWER LINE 01 0471-11 5 (R) (2001) REPLACE SEWER LINES 01 0471 12 11 (R) CAPITAL CONSTRUCTION RESERVE 01 0471L05 8 (I) I/I CORRECTION MIDDLE PECAN CREEK BASIN 01 O471L10 5 (R) PARVIN SEWER LINES TOTAL 2000 2001 SEWER COLLECTION 01 0472 01 10 (S) FIELD EQUIPMENT 01-0472 02 13 (R) OFFICE EQUIPMENT & FURNITURE 01~0472-03 10 (T) GPS TOTAL 2000-2001 WASTEWATER ENGINEERING 01 0474 01 14 (R) SCARAB UPGRADE TOTAL 2000-2001 WASTEWATER BIOSOLIDS 01 0475L01 16 (G) WATERSHED PLAN/DRAINAGE MASTER PLANS 01 0475-02 16 (I) PECAN CREEK NEAR ROBERTSON 01 0475 03 16 (G) COOPER CREEK DETENTION POND-CONSTRUCT 01 0475-04 16 (I) MISCELLANEOUS DRAINAGE PROJECTS TOTAL 2000-2001 DRAINAGE 01 0481-01 10 (T) ICP SPECTROMETER TOTAL 2000-2001 WASTEWATER LABORATORY 01 0483 01 10 (T) ICP EMISSION SPECTROMETER TOTAL 2000 2001 WASTEWATER PRETREAT TOTAL 2000-2001 WASTEWATER UTILITY TOTAL 2000-2001 DRAINAGE TOTAL 2000-2001 WASTEWATER DEPARTMENT 38 "Dedicated to Quality Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM WASTEWATER UTILITY ($ X 1000) (Cont) TOTAL FISCAL BOND CURRENT CITY AID IN YEAR FUND REVENUE FUNDING CONSTR COST (~ 1 $ 1 $ ~ 1 1 1 1 $ 2 ~ 2 $ ~ 2 $ 50 $ 50 $ $ 50 20 20 20 30 30 30 7,000 7,000 7,000 7,000 $ 100 $ 7,100 $ ~ 7,100 100 $ ~; 100 $ $ 100 10 10 10 50 50 250 250 250 150 150 150 50 50 50 269 269 269 15 15 15 250 250 250 725 725 725 313 313 313 369 =) 1,763 t~ 2,132 $ 50 $ 2,182 $ 3 ~ 3 $ $ 3 1 1 1 37 37 37 $ 41 $ 41 $ $ 41 80 $ ~ 80 $ $ 80 80 $ ~ 80 $ $ 80 450 $ (~ 450 $ $ 450 191 191 191 1,225 1,225 1,225 134 134 134 2,000 $ ~ 2,000 $ $ 2,000 72 $ $ 72 $ $ 72 72 $ $ 72 $ $ 72 15 $ $ 15 $ $ 15 15 $ $ 15 $ $ 15 7,536 $ 1,906 $ 9,442 $ 50 $ 9,492 2,000 2,000 2,000 9,536 $ 1,906 $ 11,442 $ 50 $ 11,492 39 "Oedleated to Quality Servi;e" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM WASTEWATER UTILITY ($ X 1000) PROJECT NUMBER GA PROJECT NAME 02-0451-01 13 (R) MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE 02-0451-02 13 {R) MISCELLANEOUS OFFICE MACHINES TOTAL 2001 2002 WASTEWATER ADMINISTRATION 02 0470-01 10 (N) AIR COMPRESSOR 02-0470-02 13 (R) COMPUTER UPGRADES TOTAL 2001 2002 WATER RECLAMATION 02 0471-01 7 (G) OVERSIZE SEWER LINES 02-0471 02 10 (R) MISCELLANEOUS EQUIPMENT 02-0471 03 9 (G) SEWER TAPS 02-0471 04 6 (G) DEVELOPMENT PLAN SEWER LINES 02-0471-05 8 (I) I/I CORRECTION - EASTERN PECAN CREEK BASIN 02-0471 07 8 (R) MANHOLE IMPROVEMENT 02-0471 08 5 (R) FIELD SERVICE SANITARY SEWER REPLACEMENT 02-0471-09 4 (G) 2002 SYSTEM UPGRADE 02-0471-11 5 (R) (2002) REPLACE SEWER LINES 02-0471-12 11 (R) CAPITAL CONSTRUCTION RESERVE 02-0471 LO5 8 (I) I/I CORRECTION - MIDDLE PECAN CREEK BASIN 02-0471 MO9 4 (G) CORDELL SEWER LINE 02-0471 M11 5 (R) 2001 REPLACE SEWER LINE (CONSTRUCTION) TOTAL 2001-2002 SEWER COLLECTION 02-0472-01 10 (S) FIELD EQUIPMENT 02-0472-02 13 (R) OFFICE EQUIPMENT & FURNITURE 02-0472 03 10 (T) CAMERA VAN TOTAL 2001-2002 WASTEWATER ENGINEERING 02-0474-01 14 (I) TERRAGATOR TO DRY SPREADER TOTAL 2001-2002 WASTEWATER BIOSOLIDS 02-0475-01 16 (R) MAYHILL BRIDGE PECAN CREEK 02-0475 02 16 (I) PACE DRAINAGE - PHASE II 02-0475 03 16 (I) MULKEY DRAINAGE (WHITE OAK-PAISLEY) 02-0475 04 16 (I) MISCELLANEOUS DRAINAGE PROJECTS TOTAL 2001-2002 DRAINAGE 02 0481-01 10 (R) LABORATORY CASEWORK 02-0481-02 14 (N) WALK-IN REFRIGERATOR/FREEZER TOTAL 2001 2002 WASTEWATER LABORATORY 40 'Dedicated to Quelity Serwce" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM WASTEWATER UTILITY ($ X 1000) (Cont) TOTAL FISCAL BOND CURRENT CITY AID IN YEAR FUND REVENUE FUNDING CONSTR COST ~ 15 18 ~ 1 1 1 1 ~ 28 2~ S 2 $ 11 $ 11 ~ $ 11 20 20 20 $ 31 $ 31 8 ~ 31 100 $ $ 100 $ $ 100 10 10 10 50 50 250 250 250 200 200 200 150 150 150 50 50 50 250 250 250 15 15 15 250 250 250 625 625 625 1,607 1,607 1,607 285 285 285 2,582 $ 1,210 $ 3,792 $ 50 $ 3,842 $ 35 35 $ 3 1 I 1 100 100 100 $ 104 $ 104 $ $ 104 $ 40 $ 40 $ $ 40 $ 40 $ 40 $ $ 40 650 $ $ 650 $ $ 650 600 600 600 340 340 340 410 410 410 2,000 $ $ 2,000 $ $ 2,000 28 $ $ 25 $ $ 25 12 12 12 25 $ 12 $ 37 $ $ 37 41 "Dedtceted to Quality Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM WASTEWATER UTILITY ($ X 1000) PROJECT NUMBER GA PROJECT NAME 02 0483-01 13 (T) DIV INFORMATION MANAGEMENT SYSTEM 02-0483 02 10 (S) LANDFILL MONITORING EQUIPMENT TOTAL 2001 2002 WASTEWATER PRETREAT TOTAL 2001 2002 WASTEWATER UTILITY TOTAL 2001 2002 DRAINAGE TOTAL 2001 2002 WASTEWATER DEPARTMENT 42 'Dedicated to Quality Service CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM WASTEWATER UTILITY ($ X 1000) (Cont) TOTAL FISCAL BOND CURRENT CITY AID IN YEAR FUND REVENUE FUNDING CONSTR COST $ 8 $ 8 $ $ 8 14 14 14 $ 22 $ 22 $ $ 22 2,607 $ 1,421 $ 4,028 $ 50 $ 4,078 2,000 2,000 2,000 4,607 $ 1,421 $ 6,028 $ 50 $ 6,078 43 "Dedicated to QualEy Service" CITY OF DENTON TEXAS CAPITALIMPROVEMENTPROGRAM WASTEWATER UTILITY ($ X 1000) PROJECT NUMBER GA PROJECT NAME 03 O451 01 13 (R) MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE 03 0451 02 13 (R) MISCELLANEOUS OFFICE MACHINES TOTAL 2002 2003 WASTEWATER ADMINISTRATION 03-0470-01 3 (R) LIFT STATION IMPROVEMEN I'S TOTAL 2002 2003 WATER RECLAMATION 03 0471 01 7 (G) OVERSIZE SEWER LINES 03 0471 02 10 (R) MISCELLANEOUS EQUIPMENT 03 0471 03 9 (G) SEWER TAPS 03-0471-04 6 (G) DEVELOPMENT PLAN SEWER LINES O3-O471-07 8 (R) MANHOLE IMPROVEMENTS 03 0471-08 5 (R) FIELD SERVICE SANITARY SEWER REPLACEMENT O3-0471-09 4 (G) 2003 SYSTEM UPGRADE 03-0471 11 5 (R) 2003 REPLACE SEWER LINES O3-0471 12 11 (R) CAPITAL CONSTRUCTION RESERVE 03-0471N05 8 (I) I/I CORRECTION - EASTERN PECAN CREEK BASIN 09-0471N09 4 (G) 2002 SYSTEM UPGRADE 03 0471N11 5 (R) 2002 REPLACE LINES TOTAL 2002-2003 SEWER COLLECTION 03 0472-01 10 (S) FIELD EQUIPMENT 03-0472-02 13 (R) OFFICE EQUIPMENT & FURNITURE TOTAL 2002 2003 WASTEWATER ENGINEERING 03-0475 01 16 (G) COOPER CREEK CONSTRUCTION- PHASE II 03-0475 02 16 (I) PECAN CREEK DRAINAGE 03 0475-03 16 (I) MISCELLANEOUS DRAINAGE TOTAL 2002-2003 DRAINAGE O3-0481-01 10 (R) BOD INCUBATOR 03 0481-02 10 (R) RAPID DISTILLATION UNIT 03-0481 03 10 (R) LABORATORY EQUIPMENT TOTAL 2002 2003 WASTEWATER LABORATORY 03-0483 01 13 (T) DIV INFORMATION MANAGEMENT SYSTEM 03-0483 02 14 (S) REMOTE MONITORING EQUIPMENT 03 0483 03 10 (R) SOLAR CHARGING SYSTEMS (DECCA BATTERIES) TOTAL 2002-2003 WASTEWATER PRETREAT TOTAL 2002-2003 WASTEWATER UTILITY TOTAL 2002-2003 DRAINAGE TOTAL 2002 2003 WASTEWATER DEPARTMENT 44 Dedicated to Quality Servsce ' CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM WASTEWATER UTILITY (~ X 1000) (Cont) TOTAL FISCAL I BOND CURRENT CITY AID IN YEAR FUND REVENUE FUNDING CONSTR COST 8 1 $ 1 $ $ 1 1 1 1 $ 2 $ 2 $ $ 2 $ 55 $ 55 $ $ 55 $ 55 $ 55 $ $ 55 $ 100 $ 1 O0 $ $ 100 10 10 10 50 50 250 250 250 150 150 150 50 50 50 250 250 250 15 15 15 250 250 250 900 900 900 1,500 1,500 1,500 285 285 285 2,400 $ 1,360 $ 3,760 $ 50 $ 3,810 $ 3 $ 3 $ $ 3 I 1 1 $ 4 $ 4 $ $ 4 1,000 $ $ 1,000 $ $ 1,000 550 550 550 450 450 450 2,000 $ $ 2,000 $ ~ 2,000 S 10 $ 10 $ $ 10 8 8 8 14 14 14 $ 32 $ 32 $ $ 32 $ 3 $ 3 $ $ 3 10 10 10 4 4 4 $ 17 $ 17 $ $ 17 2,400 $ 1,470 $ 3,870 $ 50 $ 3,920 2,000 2,000 2,000 4,400 $ 1,470 $ 5,870 $ 50 $ 5,920 45 "Dedicated to Quality Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM WASTEWATER UTILITY {$ X 1000) PROJECT NUMBER GA PROJECT NAME 04 0451 01 13 (R) MISCELLANEOUS OFFICE EQUIPMENT/FURNITURE 04 0451 02 13 (R) MISCELLANEOUS OFFICE MACHINES TOTAL 2003 2004 WASTEWATER ADMINISTRATION 04 0470 01 1 (I) EFFLUENT REUSE 04 0470 02 3 (T) ULTRASONIC LEVEL INDICATORS 04 0470 03 3 (T) LIFT STATION SCADA TOTAL 2003 2004 WATER RECLAMATION 04 0471 01 7 (G) OVERSIZE SEWER LINES 04-0471 02 10 (R) MISCELLANEOUS EQUIPMENT 04 0471 03 9 (G) SEWER TAPS 04 0471 04 6 (G) DEVELOPMENT PLAN SEWER LINES 04 0471 07 8 (R) MANHOLE IMPROVEMENTS 04 0471 08 5 (R) FIELD SERVICE SANITARY SEWER REPLACEMENT 04 0471 09 4 ((3) 2004 SYSTEM UPGRADE 04-0471 11 5 (R) 2004 REPLACE SEWER LINES 04-0471 12 11 (R) CAPITAL CONSTRUCTION RESERVE 04-0471 13 8 (S) HICKORY CREEK BASIN I/I CORRECTION 04 0471N05 8 (I) I/I CORRECTION - EASTERN PECAN CREEK BASIN 04 0471009 4 (G) 2003 SYSTEM UPGRADE 04-0471011 5 (R) 2003 REPLACE LINES TOTAL 2003-2004 SEWER COLLECTION 04-0472-01 10 (S) FIELD EQUIPMENT 04-0472-02 13 (R) OFFICE EQUIPMENT & FURNITURE TOTAL 2003-2004 WASTEWATER ENGINEERING 04-0475-01 16 (R) SPENCER ROAD CULVERT IMPROVEMENTS 04-0475-02 16 (R) BONNIE BRAE CULVERT IMPROVEMENTS 04-0475-03 16 (R) SYCAMORE/MKT RR DRAINAGE IMPROVE 04 0475 04 16 (I) MISCELLANEOUS DRAINAGE TOTAL 2003-2004 DRAINAGE 04 0481 01 10 (T) MASS SPECTROMETER TOTAL 2003-2004 WASTEWATER LABORATORY 04 0483 01 10 (S) REMOTE MONITORING EQUIPMENT 04 0483 02 13 (T) DIV INFORMATION MANAGEMENT SYSTEM 04 0483 03 10 (R) SAMPLING EQUIPMENT TOTAL 2003-2004 WASTEWATER PRETREAT TOTAL 2003-2004 WASTEWATER UTILITY TOTAL 2003-2004 DRAINAGE TOTAL 2003-2004 WASTEWATER DEPARTMENT 46 "Dedicated to Quality Serwce" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM WASTEWATER UTILITY ($ X 1000) (Cont) TOTAL FISCAL BOND CURRENT CITY AID IN YEAR FUND REVENUE FUNDING CONSTR COST $ 1 $ 1 $ $ 1 1 1 1 $ 2 $ 2 $ $ 2 $ 175$ 175$ $ 175 30 30 30 37 37 37 $ 242 $ 242 $ $ 242 100 $ $ 100 $ $ 100 10 10 10 50 50 250 250 250 150 150 150 50 50 50 250 250 250 15 15 15 250 250 250 3,000 3,000 3,000 900 900 900 1,500 1,500 1,500 285 285 285 5,500 $ 1,260 $ 6,760 $ 50 $ 6,810 $ 3 $ 3 $ $ 3 1 1 1 $ 4 $ 4 $ $ 4 250 $ $ 250 $ $ 250 250 250 250 300 300 300 1,200 1,200 1,200 2,000 $ $ 2,000 $ $ 2,000 $ 55 $ 55 $ $ 55 $ 55 $ 55 $ $ 55 $ 10 $ 10 $ $ 10 3 3 3 4 4 4 $ 17 $ 17 $ $ 17 5,500 $ 1,580 $ 7,080 $ 50 $ 7,130 2,000 2,000 2,000 7,500 $ 1,580 $ 9,080 $ 50 $ 9,130 47 "Dedicated to Quality Service CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM CASH REQUIREMENTS SOLID WASTE ($ X 1000) GROUP ASSIGNMENT NUMBERS ** CATEGORY 2000 1 Office Support Equrpment $ 71 2 Regulatory Equipment 5 3 Container Improvements/Upgrades 1 S0 4 Sohd Waste Office Consohdat~on 5 Capital Construction Reserves 6 Commercial/Residential Facd~ty Improvement 9 7 Landfill Expansion-Construction 225 8 Recychng Site Additions 9 Recychng S~te Improvements 10 Landfill S~te Improvements 11 Materials Recovery Facd~ty 3,250 12 M~scellaneous $ 3,740 BOND FUND 3,484 CURRENT REVENUE 256 AID-IN CONSTRUCTION GRAND TOTAL $ 3,740 LEGEND (G) GROWTH (I) IMPROVED SERVICE (N) NEW EQUIPMENT (R) REPLACEMENT (S) STATUTORY {T) TECHNOLOGY * *GROUP ASSIGNMENT (GA) NUMBERS are used for ~dent~flcat~on of CIP Projects by major category of expense 48 'Dedtcated to Quality Serwce" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM CASH REQUIREMENTS SOLID WASTE ($ X 1000) (Cont) 2001 2002 2003 2004 TOTAL $ 14 $ 16 $ 14 $ 16 $ 131 65 20 90 180 180 185 193 190 928 252 252 50 50 50 50 200 9 2,210 370 1,788 315 4,908 155 235 100 490 50 50 3,350 2,619 e 826 $ 2,360 ~ 1,013 $ 10,448 2,238 495 1,988 757 8,962 281 331 362 256 1,486 2,619 $ 826 $ 2,360 $ 1,013 $ 10,448 49 "Dedicated to Quality Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM SOLID WASTE UTILITY ($ X 1000) PROJECT NUMBER GA PROJECT NAME 00-0800-01 1 (I/G) REPLACE OFFICE SUPPORT EQUIPMENT TOTAL 1999 2000 SOLID WASTE ADMINISTRATION 00-0801-01 1 (R) OFFICE SUPPORT EQUIPMENT 00-0801-03 1 (N/R) SUPPORT EQUIPMENT HANDHELD RADIO TOTAL 1999 2000 SOLID WASTE RESIDENTIAL 00-0802 01 1 (R/G) OFFICE SUPPORT EQUIPMENT 00-0802 02 3 (N/R) CONTAINER IMPROVEMENTS / UPGRADES 00-0802 03 3 (R) DUMPSTER SCREENING FENCE 00-0802 06 6 (I/G) COMMERCIAL FACILITY IMPROVEMENTS 00-0802-08 1 (R/I) REPLACEMENT OF RADIOS TOTAL 1999-2000 SOLID WASTE COMMERCIAL 00-0803-02 1 (R/G) OFFICE FURNITURE AND EQUIPMENT 00-0803L04 7 (G) DEVELOP PHASE 2A LANDFILL DESIGN 00-0803-06 1 (R/I) REPLACE RADIOS TOTAL 1999 2000 SOLID WASTE DISPOSAL 00~0804 01 11 (N) MATERIAL RECOVERY FACILITY (MRF) 00-0804 02 1 (R) OFFICE SUPPORT EQUIPMENT 00-0804-03 3 (R) CONTAINER IMPROVEMENTS/UPGRADES 00-0804 05 2 (S) MRF SECURITY 00-0804-06 1 (R) SUPPORT EQUIPMENT HANDHELD RADIO TOTAL 1999-2000 SOLID WASTE RECYCLING TOTAL 1999 2000 SOLID WASTE 50 "Dedlceted to Quality Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM SOLID WASTE UTILITY ($ X 1000) (Cont) TOTAL TOTAL BOND CURRENT CITY AID-IN FISCAL YEAR FUND REVENUE FUNDING CONSTR COST $ 35 $ 35 $ ~ 35 $ 35 $ 35 $ ~ 35 $ 6 $ 6 $ $ 6 4 4 4 ~ 10 $ 10 $ $ 10 $ 10 $ 10 $ $ 10 170 170 170 5 5 5 9 9 9 7 7 7 9 $ 192 $ 201$ $ 201 $ 3 $ 3 $ $ 3 225 225 225 3 3 3 225 $ 6 $ 231$ $ 231 3,250 $ $ 3,250 $ $ 3,250 1 1 1 5 5 5 5 5 5 2 2 2 3,250 $ 13 $ 3,263 $ $ 3,263 3,484 $ 256 $ 3,740 $ $ 3,740 51 · "Dedicated to Quality Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM SOLID WASTE UTILITY ($ X 1000) PROJECT NUMBER GA PROJECT NAME 01-0800-01 1 (R) REPLACE OFFICE SUPPORT EQUIPMENT TOTAL 2000-2001 SOLID WASTE ADMINISTRATION 01 0801-01 1 (R) OFFICE SUPPORT EQUIPMENT 01 0801-02 I (R) SUPPORT EQUIPMENT - HANDHELD RADIO TOTAL 2000 2001 SOLID WASTE RESIDENTIAL 01 0802-01 1 (R) OFFICE SUPPORT EQUIPMENT 01 0802-02 3 (N/R) CONTAINER IMPROVEMENTS / UPGRADES 01-0802-03 3 (I/R) DUMPSTER SCREENING FENCE 01-0802-05 5 (N) CAPITAL CONSTRUCTION 01-0802-06 1 (R) SUPPORT EQUIPMENT HANDHELD RADIO TOTAL 2000 2001 SOLID WASTE COMMERCIAL 01 0803-01 2 (G/S) PURCHASE A NEW SCALE 01-0803L02 7 (G) PHASE 2A LANDFILL CONSTRUCTION O1-0803-04 7 (N/S) HAZARDOUS CHEMICAL STORAGE 01-0803-05 7 (N) MISCELLANEOUS DUMPSTERS 01-0803-06 7 (R) REPLACE OFFICE EQUIPMENT 01-0803-07 7 {R) BUILDING MAINTENANCE TOTAL 2000 2001 SOLID WASTE DISPOSAL 01-0804-01 1 (R) OFFICE SUPPORT EQUIPMENT TOTAL 2000 2001 SOLID WASTE RECYCLING TOTAL 2000-2001 SOLID WASTE 52 "Dedicated to Quality Service CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM SOLID WASTE UTILITY ($ X 1000) (Cont) TOTAL TOTAL BOND CURRENT CITY AID-IN FISCAL YEAR FUND REVENUE FUNDING CONSTR COST $ 2 $ 2 $ $ 2 ~ 2 $ 2 $ ,~ 2 $ 3 ~ 3 $ S 3 2 2 2 ~ 5 ~ 5 8 ~ 5 ~ 3 ~ 3 ~ $ 3 175 175 175 5 5 5 50 50 50 2 2 2 ~ 235 ~ 235 ~ ~ 235 65 ~ ~ 65 ~ ~ 65 2,173 2,173 2,173 10 10 10 15 15 15 2 2 2 10 10 10 2,238 ~ 37 ~ 2,275 ~ ~ 2,275 $ 2 ~ 2 ~ ~ 2 ~ 2 ~ 2 ~ ~ 2 2,238 ~ 281 ~ 2,519 ~ ~ 2,519 53 ."Dedicated to Quality Service" CITY OF DENTON TEXAS CAPITAL IMPROVEMENT PROGRAM SOLID WASTE UTILITY ($ X 1000) PROJECT NUMBER GA PROJECT NAME 02-0800-01 1 (I) OFFICE SUPPORT EQUIPMENT TOTAL 2001-2002 SOLID WASTE ADMINISTRATION 02 0801-01 1 (R) OFFICE SUPPORT EQUIPMENT 02 0801-02 1 (R) SUPPORT EQUIPMENT - HANDHELD RADIO TOTAL 2001-2002 SOLID WASTE RESIDENTIAL 02-0802-01 1 (R) OFFICE SUPPORT EQUIPMENT 02-0802 02 3 IN/R) CONTAINER IMPROVEMENTS/UPGRADES 02-O802 03 3 (I) DUMPSTER SCREENING 02 0802-04 5 (N) CAPITAL CONSTRUCTION RESERVES 02-0802-05 1 (R) SUPPORT EQUIPMENT HANDHELD RADIO TOTAL 2001-2002 SOLID WASTE COMMERCIAL 02 0803-01 1 (R) REPLACE OFFICE FURNITURE AND EQUIPMENT 02 0803-03 10 (I/G) LANDFILL ROAD IMPROVEMENTS 02 0803-04 7 (I) BUILD SCALE HOUSE 02 0803-05 10 (I) BUILDING MAINTENANCE 02-0803N06 7 (G) DEVELOP PHASE 2B LANDFILL DESIGN 02-0803N08 10 (I) HEAVY EQUIPMENT MAINTENANCE FACILITY TOTAL 2001-2002 SOLID WASTE DISPOSAL O2-0804-01 11 (G) MRF EXPANSION 02-0804-02 1 (R) OFFICE SUPPORT EQUIPMENT TOTAL 2001-2002 SOLID WASTE RECYCLING TOTAL 2001-2002 SOLID WASTE 54 "Dediceted to Queltty Serwce" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM SOLID WASTE UTILITY ($ X 1000) (Cont) TOTAL TOTAL BOND CURRENT CITY AID-IN FISCAL YEAR FUND REVENUE FUNDING CONSTR COST $ 25 25 9 2 $ 25 2~ 9 2 $ 39 35 $ 3 2 2 2 $ 55 5~ 9 5 $ 35 35 ~ 3 180 180 180 5 5 5 50 50 50 2 2 2 $ 240 $ 240 9 9 240 $ 25 29 9 2 30 30 30 100 100 100 30 30 30 270 270 270 95 95 95 495 $ 32 9 527 $ 9 527 $ 50 $ 50 $ 9 50 2 2 2 $ 52 $ 52 ~ 9 52 495 $ 331 ~ 826 9 $ 826 "Dedicated to Quality Service CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM SOLID WASTE UTILITY ($ X 1000) PROJECT NUMBER GA PROJECT NAME 03 0800 01 1 (I) OFFICE SUPPORT EQUIPMENT TOTAL 2002-2003 SOLID WASTE ADMINISTRATION 03~O801 01 1 (R) OFFICE SUPPORT EQUIPMENT 03 0801 02 1 (R) SUPPORT EQUIPMENT - HANDHELD RADIOS TOTAL 2002-2003 SOLID WASTE RESIDENTIAL 03-0802-01 3 (N/R) CONTAINER IMPROVEMENTS/UPGRADES 03-0802-02 3 (N/R) DUMPSTER SCREENING 03-0802-03 I (R) OFFICE SUPPORT EQUIPMENT 03 0802-04 5 (N) CAPITAL CONSTRUCTION RESERVES 03-0802-05 1 (R) SUPPORT EQUIPMENT - HANDHELD RADIO TOTAL 2002~2003 SOLID WASTE COMMERCIAL 03 0803-01 10 (I) LANDFILL ROAD IMPROVEMENT 03 0803-02 1 (R) REPLACE OFFICE EQUIPMENT 03 0803 03 10 (I) PUBLIC DISPOSAL AREA 03 0803-04 2 (S) SECURITY CAMERAS 03-0803N05 7 (G) PHASE 2B LANDFILL CONSTRUCTION 03-0803N06 10 (I) HEAVY EQUIPMENT MAINTENANCE FACILITY TOTAL 2002-2003 SOLID WASTE DISPOSAL 03-O804-01 11 {G) MRF EXPANSION TOTAL 2002-2003 SOLID WASTE RECYCLING TOTAL 2002-2003 SOLID WASTE 56 "Dedleeted to Quality Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM SOLID WASTE UTILITY ($ X 1000) (Cont) TOTAL TOTAL BOND CURRENT CITY AID-IN FISCAL YEAR FUND REVENUE FUNDING CONSTR COST $ 2 $ 2 $ $ 2 $ 2 $ 2 $ ~ 2 $ 3 $ 3 $ $ 3 2 2 2 $ 5 $ 5 $ $ 5 $ 185 $ 185 $ ~ 185 8 8 8 3 3 3 50 50 50 2 2 2 $ 248 ~ 248 ~ ~ 248 ~ 20 ~ 20 ~ ~ 20 2 2 2 15 15 15 20 20 20 1,788 1,788 1,788 200 200 200 1,988 ~ 57 ~ 2,045 ~ ~ 2,045 ~ 50 ~ 50 ~ ~ 50 ~ 50 ~ 50 ~ ~ 50 1,988 ~ 362 ~ 2,350 ~ ~ 2,350 67 "Dedicated to Quality Service" CITY OF DENTON TEXAS CAPITAL IMPROVEMENT PROGRAM SOLID WASTE UTILITY {$ X 1000) PROJECT NUMBER GA PROJECT NAME 04-0800-01 1 (I) OFFICE SUPPORT EQUIPMENT 04-0800-02 4 (N) SOLID WASTE OFFICE CONSOLIDATION TOTAL 2003 2004 SOLID WASTE ADMINISTRATION 04-0801-01 1 (R) OFFICE SUPPORT FURNITURE AND EQUIPMENT 04-0801-02 4 (N) SOLID WASTE OFFICE CONSOLIDATION 04-0801 ~03 1 (R) SUPPORT EQUIPMENT - HANDHELD RADIO TOTAL 2003 2004 SOLID WASTE RESIDENTIAL 04-0802-01 1 (R) OFFICE SUPPORT EQUIPMENT 04-0802-02 3 (N/R) CONTAINER IMPROVEMENTS/UPGRADES 04-0802 03 3 (I) DUMPSTER SCREENING 04-0802-04 5 (N) CAPITAL CONSTRUCTION RESERVES 04-0802-05 4 (N) SOLID WASTE OFFICE CONSOLIDATION 04-0802~06 1 (R) SUPPORT EQUIPMENT HANDHELD RADIO TOTAL 2003-2004 SOLID WASTE COMMERCIAL 04-0803-01 1 iR) REPLACE OFFICE EQUIPMENT 04-0803N02 10 (I) HEAVY EQUIPMENT MAINTENANCE FACILITY 04-0803P03 7 IG) DEVELOP PHASE 2C LANDFILL DESIGN 04-0803P04 2 {S) METHANE COLLECTION FACILITY DESIGN TOTAL 2003-2004 SOLID WASTE DISPOSAL 04-0804-01 4 (N) SOLID WASTE OFFICE CONSOLIDATION TOTAL 2003-2004 SOLID WASTE RECYCLING TOTAL 2003-2004 SOLID WASTE 58 -"Dedicated to Quality Service CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM SOLID WASTE UTILITY ($ X 1000) {Cont ) TOTAL TOTAL BOND CURRENT CITY AID-IN FISCAL YEAR FUND REVENUE FUNDING CONSTR COST $ 3 $ 3 ~ ~ 3 63 63 63 63 $ 3 $ 66 $ $ 66 $ 3 $ 3 $ $ 3 63 63 63 2 2 2 63 ~ 5 $ 68 ~ ~ 68 ~ 3 ~ 3 ~ ~ 3 185 185 185 5 5 5 50 50 50 63 63 63 2 2 2 63 ~ 245 ~ 308 ~ ~ 308 ~ 3 6 3 ~ ~ 3 100 100 100 315 315 315 90 90 90 505 8 3 ~ 508 ~ ~ 508 63 6 ~ 63 ~ ~ 63 63 ~ ~ 63 ~ ~ 63 757 ~ 256 ~ 1,013 ~ ~ 1,013 59 "Dedicated to Quality Service CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM CASH REQUIREMENTS FLEET SERVICES ($ X 1000) GROUP ASSIGNMENT** NUMBERS CATEGORY 2000 1 Computer/Pnnter Equipment $ 2 2 Ofhce Support Equipment 7 3 Safety Equipment 4 Tools and Equipment 8 5 Regulatory Comphance 6 Facd~ty Improvements 2,465 TOTALS $ 2,482 BOND FUND 2,445 CURRENT REVENUE 37 AID IN CONSTRUCTION OTHER TOTALS $ 2,482 LEGEND (G) GROWTH (I) IMPROVED SERVICE (N) NEW EQUIPMENT (R) REPLACEMENT (S) STATUTORY {T) TECHNOLOGY **GROUP ASSIGNMENT (GA) NUMBERS are used for ~dent~flcat~on of CIP Projects by major category of expense 60 "Dedicated to Quality Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM CASH REQUIREMENTS FLEET SERVICES ($ X 1000) (Cont) 2001 2002 2003 2004 TOTAL 3 5 2 17 25 15 15 10 73 5 8 2,478 33 $ 20 $ 23 $ 12 $ 2,570 2,445 33 20 23 12 125 $ 33 $ 20 $ 23 $ 12 $ 2,570 61 "Dedicated to Quality Service CITY OF DENTON TEXAS CAPITALIMPROVEMENT PROGRAM FLEET SERVICES ($ X 1000) PROJECT NUMBER GA PROJECT NAME 00-0580-01 2 (G) OFFICE FURNITURE 00-0580-02 4 (R) SPECIALTY TOOLS 00-0580-03 1 (G) PRINTER/SCANNER/FAX MACHINE 00-0580-04 6 (H) NEW EQUrPMENT FOR VEHICLE MAINTENANCE FACILITY 00-0580K01 6 (H) CONSTRUCT NEW FLEET SERVICE CENTER TOTAL 1999-2000 FLEET SERVICES VEHICLE MAINTENANCE O0 0583-01 2 (R) OFFICE FURNITURE 00-0583-02 6 (R) REPLACEMENT OF FUEL MONITORING SYSTEM TOTAL 1999 2000 FLEET SERVICES ~ FUEL TOTAL 1999 2000 FLEET SERVICES 01-0580-01 2 (G) OFFICE FURNITURE 01 0580-02 4 (R) SPECIALTY TOOLS 01 0580-03 4 (G) PARTS INVENTORY SHELVING SYSTEM TOTAL 2000-2001 FLEET SERVICES - VEHICLE MAINTENANCE 01 0583-01 6 (R) NOZZLES AND HOSES ON FUEL DISPENSERS TOTAL 2000-2001 FLEET SERVICES - FUEL TOTAL 2000-2001 FLEET SERVICES 02-0880-01 2 (G) OFFICE FURNITURE 02 0580-02 4 (R) SPECIALTY TOOLS TOTAL 2001-2002 FLEET SERVICES - VEHICLE MAINTENANCE 02 0583-01 2 (R) OFFICE FURNITURE TOTAL 2001-2002 FLEET SERVICES - FUEL TOTAL 2001-2002 FLEET SERVICES 03-0580-01 4 (R) SPECIALTY/DIAGNOSTIC TOOLS TOTAL 2002-2003 FLEET SERVICES VEHICLE MAINTENANCE 03-0583-01 6 (I) UPDATE FUEL MONITORING SYSTEM TOTAL 2002-2003 FLEET SERVICES FUEL TOTAL 2002-2003 FLEET SERVICES 62 Dedicated to Quality Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM FLEET SERVICES ($ X 1000) (Cont) TOTAL TOTAL BOND CURRENT CITY AID-IN OTHER PROJECT FUND REVENUE FUNOING CONSTR COST $ 5 $ 5 $ $ $ 5 8 8 8 2 2 2 200 200 200 2,245 2,245 2,245 $2,445 $15 92,460 $ $ 92,460 $ 2 $ 2 $ $ $ 2 20 20 20 $ 22 $ 22 $ ~ $ 22 2,445 $ 37 $ 2,482 $ $ $ 2,482 $ $ 3 $ 3 $ $ $ 3 15 15 15 $ $ 18 ~ 18 $ $ ~ 18 $ $ 2 $ 2 $ $ $ 2 $ $ 2 $ 2 ~ t $ 2 $ $ 20 (; 20 t~ $ $ 20 $ $ 15 $ 15 $ $ $ 15 $ $ 15 $ 15 $ $ $ 15 $ $ 8 ~ 8 $ ~ $ 8 $ $ 8 ~ 8 ~ $ $ 8 $ $ 23 $ 23 $ $ $ 23 63 "Dedicated to Quality Servica" CITY OF DENTON, TEXAS CAPITALIMPROVEMENT PROGRAM PROJECT NUMBER GA PROJECT NAME 04 0580-01 4 (R) SPECIALTY/DIAGNOSTIC TOOLS TOTAL 2003 2004 FLEET SERVICES VEHICLE MAINTENANCE 04 0583 01 2 (G) OFFICE FURNITURE TOTAL 2003 2004 FLEET SERVICES - FUEL TOTAL 2003 2004 FLEET SERVICES 64 "Dedicated to Quelity Setvic& " CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM (Cont) TOTAL TOTAL BOND CURRENT CITY AID IN OTHER PROJECT FUND REVENUE FUNDING CONSTR COST $ $ 10 $ 10 $ $ $ 10 $ $ 10 $ 10 $ $ $ 10 8 $ 2 $ 2 $ $ $ 2 $ $ 2 $ 2 $ $ $ 2 $ $ 12 $ 12 $ $ $ 12 65 "Dedicated to Quality Serwca" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM CASH REQUIREMENTS COMMUNICATIONS ($ X 1000) GROUP ASSIGNMENT NUMBERS ** CATEGORY 2000 1 Office Support 2 Tools and Equipment 30 3 PBX Expansions/Enhancements 150 4 Computer Telephone Integratron 225 TOTALS $ 405 BOND FUND 375 CURRENT REVENUE 30 AID-IN CONSTRUCTION OTHER TOTALS $ 405 LEGEND (G) GROWTH (I) IMPROVED SERVICE (N) NEW EQUIPMENT (R) REPLACEMENT (S) STATUTORY (T) TECHNOLOGY **GROUP ASSIGNMENT (GA) NUMBERS are used for ~dent~flcat~on of CIP Projects by major category of expense 66 Dedicated to Quality Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM CASH REQUIREMENTS COMMUNICATIONS ($ X 1000) (Cont) 2001 2002 2003 2004 TOTAL 15 15 15 15 90 50 50 50 50 350 50 275 115 $ 65 $ 65 $ 65 $ 715 50 425 65 65 65 65 290 115 $ 65 $ 65 $ 65 $ 715 67 "Dedicated to Oualtty Service" CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM COMMUNICATIONS ($ X 1000) PROJECT BOND NUMBER GA PROJECT NAME FUND 00-0160 01 3 (R) Equipment Upgrades $ 150 00-0160-02 2 (I) Tools and Equipment 00-0160 04 4 (G) Groupw~se/Volce Ma~l Integration 75 00-0160 05 4 (I) CTI Interface to Voice Response 150 TOTAL 1999-2000 COMMUNICATIONS $ 375 01-0160-01 3 (R) Equipment Upgrades 01-0160 02 2 (I) Tools and Equipment 01-0160 03 4 (T) Voice Over Internet Protocol Services 50 TOTAL 2000-01 COMMUNICATIONS $ 50 02-0160-01 3 (R) Equipment Upgrades 02-0160-02 2 (I) Tools and Equipment TOTAL 2001 02 COMMUNICATIONS 03-0160-01 3 (R) Equipment Upgrades 03 0160-02 2 (I) Tools and Equipment TOTAL 2002-03 COMMUNICATIONS $ 04-0160-01 3 (R) Equipment Upgrades 04 0160-02 2 (I) Tools and Equipment TOTAL 2003-04 COMMUNICATIONS 68 "Dedicated to Quality Service CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM COMMUNICATIONS ($ X 1000) (Cont) TOTAL TOTAL CURRENT CITY AID-IN OTHER PROJECT REVENUE FUNDING CONSTR COST $ 150 $ $ $ 150 30 30 30 75 75 150 150 30 ~ 405 $ $ ~ 405 50 50 50 15 15 15 50 50 65 $ 115 $ $ $ 115 50 50 50 15 15 15 65 $ 65 $ $ $ 65 50 50 50 15 15 15 65 $ 66 $ $ $ 65 50 50 50 15 15 15 65 $ 65 $ $ $ 65 69 "Dedicated to Quality Service CITY OF DENTON, TEXAS CAPITAL IMPROVEMENT PROGRAM 70 #Dedicated to Quality Service" "Dedtcated to Quality Service" www.cityofdenton.com RESOLUTION NO A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 1995 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN JUNE 1995 TO THE U S 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 Caty of Denton as concerned wath the development of vaable urban communatles, including decent housang, a statable hvang envaronment and expanded economac opportunataes, and WHEREAS, the Caty of Denton as an entaflement city under the Communaty Development Block Grant program and a partacapatang junsdactaon under the HOME Investment Partnershaps program, prepared through a cat,zen parhclpataon process, a plan for uslng ars 1995 CDBG, HOME and program ancome ftmdang an the approxamate amount of $1,699,665, and WHEREAS, the City of Denton washes to reallocate $56,862 an 1995 CDBG funding from the Denton Commumty Development Corporanon activity to funding for a small ,busaness loan program to be admlmstered by the City's Communaty Development Davaslon, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES, SECTION 1 That the Caty Councal of the City of Denton, Texas, authorizes the Caty Manager to submat to the US Department of Housing and Urban Development an amendment for the reallocataon of funds an the 1995 Actaon Plan for Housing and Communaty Development that was prevaously submatted for a grant applacatlon wath appropriate assurances for CDBG and HOME funds under the Housang and Communaty Development Act of 1974 and the Affordable Housang Act of 1990, as amended, to provade $56,862 to the small busaness loan program admxnastered by the Commumty Development Davasaon of the Caty of Denton SECTION 2 That the Caty Council authorizes the Caty Manager or has desagnee to handle all fiscal and admamstratave matters related to the amended Actmn Plan SECTION 3 That save and except as amended hereby the provasaons of the 1995 Actaon Plan for Housmg and Commtmaty Development submatted ~n June of 1995 shall remaan an full force and effect SECTION 4 That th~s resolmlon shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED th~sthe F/~~-~ day of k~~,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY RESOLUTION NO /~,~g;~) - Z9 d~ A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 1996 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN JUNE 1996 TO THE U S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE AFFORDABLE HOUSING ACT OF 1990, AS AMENDED, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities, and WHEREAS, the City of Denton as an entitlement city under the Community Development Block Grant program and a participating jurisdiction under the HOME Investment Partnerstups program, prepared through a citizen participation process, a plan for using its 1996 CDBO, HOME and program income funding in the approximate amount of $1,752,733, and WHEREAS, the City of Denton wishes to reallocate $30,000 in 1996 CDBG funding from the Denton Community Development Corporation activity to funding for a small ,business loan program to be administered by the City's Community Development Division, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES, SECTION 1 That the City Council of the City of Denton, Texas, authorizes the C~ty Manager to submit to the US Department of Housing and Urban Development an amendment for the reallocation of funds in the 1996 Action Plan for Housing and Community Development that was previously submitted for a grant application with appropriate assurances for CDBG and HOME funds under the Housing and Community Development Act of 1974 and the Affordable Housing Act of 1990, as amended, to provide $30,000 to the small business loan program administered by the Commumty Development Division of the City of Denton SECTION 2 That the City Council authorizes the City Manager or his designee to handle all fiscal and administrative matters related to the amended Action Plan SECTION 3 That save and except as amended hereby the provisions of the 1996 Action Plan for Housing and Community Development submitted in June of 1996 shall remmn in full force and effect SECTION 4 That this resolution shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED th~s the eq~~ dayof ~~,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY v~' ~- - j~ / RESOLUTION TO APPROVE CERTAIN MATTERS AS REQUIRED BY SECTION 147(0 OF THE, INTERNAL REVENUE CODE IN CONNECTION WITH THE ISSUANCE OF OBLIGATIONS BY THE MILFORD HIGHER EDUCATION FACILITIES CORPORATION FOR THE BENEI?IT OF LIBERTY CHRISTIAN MINISTRIES, INC , AND PROVIDING AN EFFECTIVE DATE THE STATE OF TEXAS § COUNTy OF DENTON § CITY OF DENTON § WHEREAS, LIBERTY CHRISTIAN MINISTRIES, INC (the "Borrower"), m connect:on w~th a tax-exempt financing m the maximum principal amount of $1,959,612, has requested the approval of the F~nancmg (as further described below) and the Project (as defined below), and WHEREAS, the Financing consists of a Loan Agreement between the Borrower and the Milford H~ghcr Education Facfltues Corporation (the "Corporatlon"), and a Lender Loan Agreement between the Corporation and the TIB The Independent BankersBank (the "Bank") through which agreements (the "Financing") the Bank will provide funds to the Corporauon, which m 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 f'mance or refinance the acquisition and renovation of certain education faclhtleS m Denton, Texas, and closing costs of the Financing (collecO_vely, the "Project"), and WHEREAS, m accordance w~th certain prowsions of the Internal Revenue Code of 1986, as amended (the "Code") as descrthed below, not,ce ora pubho hearing was pubhshed m the Denton Record Chromcle Denton, Texas on September 10, 2000, whtch notice provided that members of the pubhc were invited to a hearing to be held m the C~ty of Denton, Texas ("Ctty"), on September 25, 2000, m connection w~th the Financing and the Project, and WHEREAS, a public hearing was held m the City, on September 25, 2000, by the heanng officer, and WHEREAS, it is necessary for the City Council, as the elected leg~slao, ve body of the C~ty, to approve the Financing and the Project solely for the purpose of satisfying the reqmrements of sectmn 147(f) of the Code, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS THAT Section 1 The City, hereby approves the holding of the hearing m the C~ty by the heanng officer and the Fmanomg for the Borrower, and further approves the Project, prowded that such approvals shall be solely for the purposes of section 147(f) of the Code, and the City shall not have any respons~bthty or habfl~ty for the Financing or the Project Section 2 Further, ~t ~s recogmzed by the Czty that the instruments which authorize the ~ssuance of bonds, notes, or obligations by the Corporation wdl specifically state that the C~ty ~s not obhgated to pay the principal of or interest on the bonds, notes, or obhgations proposed tu be ~ssued by the Corporanon Nothing m th~s resolution shall be construed as an red,cation by the City that It will pay or provide for the payment of any obhgatmns of the said Corporatl0n whether theretofore or hereafter recurred, and ~n th~s connection, attention ~s called to the ConsUtutlon of the State of Texas, whereto ~t ~s provided that a c~ty may recur no ~ndebtedness without having made provisions for ~ts payment, and tbe 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 obhgauon of the Corporation 0 DMA~PCDOCS\HO USTON_I ~,52265~5 Section 3 Th~s Resolution shall become effective munedtately upon ~ts passage Euhne Brock, Mayor ATTEST Jenmfer Walters, C~ty Secretary~ ~ Sel~ffe~Walter~, Clt~ Secreta~ APPROVED AS TO FORIvl Herbert L Prouty, C~ty Attorney ODMA~PCDOCS\HOUSTON_I ~452265~5 RESOLUTION NO A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, AND DECLARING AN EFFECTWE DATE WHEREAS, the term of office for Places 2 and 4 on the Board of Directors of the North Texas Higher Education Authority, Inc have expired, and WHEREAS, the Board has nominated Mr Governor Jackson - Place 2 and Mr Daniel Tonn - Place 4 on the Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 That Mr Governor Jackson is hereby reappointed to Place 2 on the Board of Directors of the North Texas Higher Education Authority, Inc for a term commencing October 1, 2000 and continuing through September 30, 2002 SECTION 2 That Mr Darnel Tonn is hereby reappointed to Place 4 on the Board of Directors of the North Texas Higher Education Authority, Inc for a term commencing October 1, 2000 and continuing through September 30, 2002 SECTION 3 That this resolution shall become effective immediately upon its passage and approval PASSED Am*?PROVED this the -- dayof ,2000 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY // APPR/OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY SOLUTION NO A ~SOLUTION OF THE CI~ COUNCIL OF THE CITY OF DENTON, TE~S URGING THE TE~S MUNICIPAL LEAGUE TO SUPPORT THE ~ENDMENT OF TE~S STATE LAW TO PROVIDE FOR FUNDING UNDER H.R. '701, THE CONSERVATION AND ~INVESTMENT ACT, PENDING FEDE~ LEGISLATION WHE~AS, the C~ty Co~cfl of the C~ty of Denton, Texas ~s co~tted to prese~ng o~ h~stoncal ~d nat~al resources to ensure that all c~t~zens will have ~e oppo~ty to enjoy these resources, ~d WHE~AS, the Umted States House of Representatives ove~hclm~ngly by a vote of 315 to 102 approved H R 701, thc Conse~at~on ~d Remvestment Act, (C~), on May 11, 2000 to estabhsh the Conse~at~on ~d Re~nvcs~ent Act Fund (C~) WHE~AS, the Conse~at~on ~d Remves~ent Act (C~) ~ncludes pro~s that will prese~e open spaces, wfldhfe ~d h~sto~c facilities, ~d WHE~AS, C~ reqmres the Secret~ of the Treas~ to deposit into C~ ce~a~n Outer Continental Shelf revenues, ~d~sbursed ~o~ts ~der t~tle I of C~, ~d ce~a~n ~nterest e~ed on C~F ~nvestments ~d ~sfers all ~o~ts deposited into the C~F ~ follows (1) to the Secret~ of the Interior for pa~ent of $1 bflhon to States for ~mpact asslst~ce ~d coastal conse~at~on, $125 mflhon for the Urb~ P~k ~d Recreation Recove~ Act of 1978, $100 mflhon for the National H~stonc Prese~at~on Act, ~d $50 mflhon to develop ~d ~mplement End.gered ~d T~eatened Species Recove~ A~eements, (2) to the Secret~es of the Interior ~d of Agncult~e for payment of $200 mflhon for Federal ~d Ind~ l~d restoration, (3) to ~e Secret~ of Agriculture $100 mflhon to c~ out ~e fa~l~d protection progr~ ~der the Federal A~cul~re Improvement ~d Refo~ Act of 1996, ~d ~e Urb~ ~d Comm~ty Forestw Ass~st~ce Progr~ ~d ~e Forest Leggy Pro~ estabhshed ~der the Cooperative Fores~ Ass~st~ee Act of 1978, (4) to the L~d ~d Water Come.at,on Fund m ~e ~o~t of $900 mflhon, ~d (5) to the Federal A~d to Wildlife Restoration F~d (FA~) estabhshed ~der the Federal A~d ~n Wfldhfe Restoration Act ~n the ~o~t of $350 mflhon Prowdes that ~y sho~falls less th~ $2 825 bllhon xn a fiscal ye~, a~er FY 2000, propo~xonally reduce such s~s for ~at fiscal yeg WHE~AS, C~ expresses the ~ntent of Con~ess that ~o~ts made available ~der ~e Act ~e to supplement, ~d not to detract from, ~ual appropriations for the Natxonal P~k Se~ce WHE~AS, the Umted States Senate Engergy and Natural Reso~ces Committee approved H R 701 with a ~xendly ~en~ent ~d the bill will most hkely be passed by the 106t~ Con~ess ~d s~ed by the President, ~d ~E~AS, Texas state law will need to be amended to provide for f~dmg under C~ to ~ns~e that that cat,es will receive ~e ~ndxng as a supplement to ~d not in place of e~ent f~dmg for conse~atxon ~d recreation WHEREAS, the City Counml of the City of Denton desires to adopt a resolution to urge the Texas Municipal League to support changes ~n state law pursuant to the Conservation and Re~nvestment Act providing state and local governments with funds to preserve the aforementioned resources NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION 1. City Cotmcfl of the City of Denton urges the Texas Mumc~pal League to support changes in state law to allow funding from CARA to insure that cities receive funding as a supplement to and not in place of current funding for conservation and recreation to preserve open spaces, wlldhfe and historic faclhtles SECTION 2 That this resolution shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED this the (_~_~rd/~day of ~--~,J , 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY OVED AS TO LEGAL FORM HER/IERT L PROUTY, CITY ATTORNEY 2000 TML RESOLUTION COVER SHEET Sponsoring Entity: City of Denton, Texas Brief Background. The City of Denton urges you to support amendments to state law to prowde funding for cities under the Conservatmn and Remvestment Act (CARA/HR 701), pending federal leg~slatmn CARA was overwhelmingly approved by the United States House of Representatives and has been approved by the United States Senate Committee on Natural Resources w~th a favorable amendment CARA/H R 701 ~s headed for passage by the 106th Congress and the President has committed to s~gn the b~tl CARA is one of the most important environmental bills m years and ~s a C~ty of Denton priority CARA/HR 701 would provide funding for the state and local grant port,on of the Land and Water Conservation Fund, the Urban Parks and Recreatmn Recovery Program, and the Historic Preservation Fund from offshore od drilling royalties Before federal funding for these programs dechned, Denton made good use of these programs The legacy of these programs can be seen in some of Denton's most important recreational facd~t~cs, such as those at Ray Roberts Lake The lack of federal ftmdmg m recent years has created a backlog of park and recreation needs m communities across the country These needs are espccmlly acute in cities, such as Denton, that are experiencing rapid growth The federal government lnst~tuted fees on offshore od drilling for the specific purpose of ftmdlng the Land and Water Conservation Fund CARA/HR 701 w~ll ensure that Denton and other c~tles m Texas can continue to offer first-rate park and recreatmn fatalities that can be enjoyed by all mt~zens What is ~he Resolution Intended to Accomplish Amend state law to allow for funding under CARA Statewlde Importance Federal funchng for conservation and re~nvestment programs ~n Texas c~tles that is intended to supplement not replace current funding for conservation and recreation fac~htms Submitted By Name Honorable Euhne Brock T~tle Mayor City. Denton, Texas Telephone. (940) 349-7717 S \Our DocmnentshMlscellaneous\00~HR 701 doc SO TIONNO 2o0 - A RESOLUTION OF THE CITY OF DENTON, TEXAS CALLiNG A PUBLIC HEARING TO CONSIDER ESTABLISHING A REINVESTMENT ZONE III FOR BIG D PROPERTIES, INC, RATIFYING PRIOR ACTIONS, AND DECLARING AN EFFECTIVE DATE WHEREAS, the C~ty has previous to the passage of th, s resolution by Resolution R2000- 028 passed on June 6, 2000 re-estabhshed ~ts Tax Abatement Pohcy by adopting gmdehnes and criteria governing tax abatement agreements m accordance w~th Tex Tax Code ch 312, and has declared that ~t elects to become ehg~ble to partm~pate ~n tax abatement, and WHEREAS, the City finds that ~t ~s ~n the pubhc ~nterest to call a pubhc heanng to consider the creation of a re~nvestment zone for tax abatement purposes for the purpose of offenng a tax abatement to B~g D Properties, Inc ~n 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 Councd hereby calls a pubhc heanng and the C~ty Manager ~s hereby authorized to g~ve notme of a pubhc hearing for the estabhshment of a relnvestment zone (Remvestment Zone III), comprised of the property located on approxunately 189 256 acres at 3940 North Elm, w~thm the corporate hm~ts of the C~ty of Denton as more fully described ~n the attached Exhibit "A," for the purpose of entenng ~nto a tax abatement agreement w~th B~g D Properties, Inc for a project to be developed w~thm a 189 156 acre tract of land w~th~n th~s Re~nvestment Zone and other ehg~ble projects under the C~ty's Tax Abatement Pohcy, whmh Exhth~t "A" ~s made a part of tlus resolution for all purposes as ~f written word for word here~n At the hoanng, the C~ty Councd will determine whether the ~mprovements sought are feasible and practical and would be a benefit to the land to be ~ncluded ~n the Zone and to the C~ty after expiration of any tax abatement agreement entered ~nto under Tex Tax Code ch 312 Notme of the pubhc heanng wall be substantmlly ~n the fom~ of the attached Exhibit "A," whmh exhibit ~s made a part of th~s resolution as ~f written word for word here~n The pubhc heanng wall take place on the 3rd day of October, 2000 at 6 00 p m ~n the C~ty Councd Chambers at C~ty Hall at 215 E McKmney, Denton, Texas 76201, but not until at least seven days after notme of th~s pubhc heanng has been pubhshed m the Denton Record-Chromcle, a newspaper havmg general c~rculat~on within the C~ty, and spemfic notices are dehvered ~n 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 tatung units, ~f any, that ,nclude m their boundaries the real property described m the attached Exhibit "A" m accordance w~th Tex Tax Code §312 201 All prior actions of the C~ty Manager, the D~rector of Economic Development, the C~ty Attorney, and their staffs ~n prowdmg the reqmred not,ce are hereby ratffied and approved SECTION 2 That this resolution shall become effective ~mmed~ately upon ~ts passage and approval at a regular meeting of the C~ty Council of the C~ty of Denton, Texas on th~s the 26th day of September, 2000, at which meeting a quorum was present and the meeting was held in accordance w~th the provisions ofTex Gov't Code §551 001, et seq PASSED AND APPROVED this the ~'-~ day of~/fi~r]/~'-~( j ,2000 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 III FOR COMMERCIAL AND INDUSTRIAL TAX ABATEMENT PURPOSES. THE PURPOSE OF THE ZONE IS TO ATTRACT THE BIG D PROPERTIES, INC. PROJECT AND SIMILAR INDUSTRIAL AND COMMERCIAL BUSINESS ENTERPRISES TO THE CITY OF DENTON, CREATE JOBS, EXPAND THE LOCAL TAX BASE, AND TO ATTRACT MAJOR INVESTMENT IN THE ZONE THAT WOULD BE A BENEFIT TO THE PROPERTY AND THAT WOULD CONTRIBUTE TO THE ECONOMIC DEVELOPMENT OF THE CITY THE 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 THE PUBLIC HEARING WILL BE HELD ON OCTOBER 3, 2000, AT 6.00 P M. IN THE CITY COUNCIL CHAMBERS AT CITY HALL AT 215 EAST MCKINNEY STREET~ DENTON, TEXAS REINVESTMENT ZONE III WILL BE COMPOSED OF APPROXIMATELY 189 256 ACRES OF LAND AT 3940 N. ELM IN THE CITY OF DENTON, TEXAS. THE REINVESTMENT ZONE IS MORE PARTICULARLY DESCRIBED AS FOLLOWS' "BEING ALL OF LOT 1, BLOCK 1 OF THE TEXAS INSTRUMENTS ADDITION, AN ADDITION TO THE CITY OF DENTON, TEXAS ACCORDING TO THE MAP THEREOF RECORDED IN CABINET G, PAGE 48 OF THE MAP AND PLAT RECORDS OF DENTON COUNTY, TEXAS. SAVE AND EXCEPT THOSE PORTIONS CONVEYED TO THE STATE OF TEXAS BY DEED RECORDED IN VOLUME 4212, PAGE 2081, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS" Next Document A RESOLUTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED RETAINED EARNINGS OF THE ELI~CTRIC FUND WITH REVENUE BONDS SO THAT PROJECTS MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS RESOLUTION MAY BE COMMENCED, AND PROVIDING AN EFFECTIVE DATE 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 for payment of various eonstrueUon and other projects m connection with various electric utility CIP projects which were previously approved m the 2000-2001 CIP Budget and are described in Attachment "A", and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expendatures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare ~ts ~ntentlon, in accordance with the prowslons of Section 1 150-2 Treasury Regulataons, to reamburse ~tself for such payments at such time as it issues the obligations to finance the projects, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Issuer reasonably expects to incur debt, as one or more series of obhgataons, with an aggregate max~mttm principal amount equal to $11,471,500 for the purpose of paying, the costs of the projects, as set forth m the attached Attachment "A", which ~s made a part of th~s Resolution for all purposes as if incorporated word for word herein 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 obligations will 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 paad, or (2) the date on whach the property, with respect to which such expenditures are made, ~s placed m service That all amounts expended from the Unreserved Retained ,Earmngs of the Electric Fund for the Project set forth m Attachment "A" to pay any costs of the Project shall be reimbursed from Revenue bond proceeds within the 2000-2001 fiscal year SECTION 3 The foregoing notwithstanding, no tax-exempt oblagat~on will be ~ssued pursuant to this resolution more than three years after the date any expenditure which is to be reimbursed ~s paid SECTION 4 This resolution shall become effective immediately upon its passage and approval S \Our Documents\Resolut~ons\00\Relraburse Res Electric Fund doc EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 ATTACHMENT A CIP Project Cost Feeders Extensions & Improvement $1,025,400 OH to UG Conversions 200,000 Power Factor Improvements 18,000 Services 2,552,000 Street Lights 260,000 Transformers and Equipment 358,500 Substations 3,794,500 Transmission Lines 1,463,200 Engmeenng 314,600 Meters 377,800 Commumcat~on Equipment 1,107,500 Total Electric CIP Project Requirements $11,471,500 Page 3 RESOLUTION NO '~2~' 0.~ A RESOLUTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED RETAINED EARNINGS OF THE MQTORPOOL FUND WITH CERTIFICATES OF OBLIGATION FOR PURCHASE EQUIPMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton (the "Issuer") is a mtmlc~pal corporatlon/poht~cal subdivision of the State of Texas, and WHEREAS, the ~ssuer expects to pay expenditures for purchase of vehicles and eqmpme~ being fleet addmons and replacements, which was approved in the 2000-2001 CIP Budget and are described in Attachment "A", and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its mtent~on, in accordance w~th the provlslon~ of Section 1 150-2 Treasury Regulations, to reimburse itself for such payments at such time, as ~t ~ssues the obhgatlons to finance the Projects, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SI~CTION 1 The Issuer reasonably expects to incur debt, as one or more series of obhgatlo~ls, with an aggregate maximum pnnclpal amount equal to $1,500,000 for the purpose of paying the costs of the Project, as set forth m the attached Attachment "A", which is made a part of this Resolution for all purposes as if incorporated word for word herein SECTION 2 All costs to be reimbursed pursuant hereto will be for the purchase of fleet vehicles ~and equipment and/or construction of public works as authorized by Section 271 045(a)(1) of the Texas Local Government Code No tax-exempt obligations will be issued by the Issuer in furtherance of flus resolution 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 wbaeh the property, with respect to which such expenchtures are made, as placed in service That all amounts expended from the Unreserved Fund Balance of the General Fund for the Project set forth an Attachment "A" to pay any eosts~f the Project shall be reimbursed from Certificate of Obligation bond proceeds w~flun the 200042001 fiscal year SECTION 3 The foregoing notwithstanding, no tax-exempt obhgatlon will be issued pursuant to flus resolution more than three years after the date any expenditure which is to be reimbursed is prod sEcTION 4 This resolution shall become effective immediately upon its passage and approvalI PASSED AND APPROVED th~s the / r] '/],,. day of f_.)C'e//fi~)P~d~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 3 ATTACHMENT A CIP PROJECT 2000- 2001 Fleet Additions/Replacements $1,500,000 Page 3 of 3 RESOLUTION NO ~'~Z)~O~:) A RESOLUTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT PROJECTS MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS RESOLUTION MAY BE COMMENCED, AND PROVIDING AN EFFECTIVE DATE 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 for projects in conjunction with the Central Fire Station, the comprehensive Facility Space Study, Miscellaneous Facility Renovations, GIS Improvements, and the Long Range Technology Plan which were approved in the 2000-2001 CIP Budget and are described in Attachment "A", and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1 150-2 Treasury Regulations, to reimburse ~tself for such payments at such time as it issues the obligations to finance the ProJects, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Issuer reasonably expects to incur debt, as one or more senes of obligations, with an aggregate maximum pnnmpal amount equal to $2,940,000 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 herein SECTION 2 All costs to be reimbursed pursuant hereto will be for the purchase of fleet vehicles and equipment, payment of contractual obllgaUons for professional services, and/or construction of pubhc works as authorized by Section 271 045(a)(1) of the Texas Local Government Code No tax-exempt obligations will be issued by the Issuer in furtherance of this resolutlor~ after a date which is later than 18 months after the later of (1) the date the expendlturas are prod, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service That all amounts expended from the Unreserved Fund Balance of the General Fund for the Project set forth in Attachment "A" to pay any costs of the ProJect shall be reimbursed from Certificate of Obhganon bond proceeds within the 2000- 2001 fiscal year SECTION 3 The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this resolution more than three years after the date any expenditure which is to be reimbursed is prod SECTION 4 Th~s resolution shall become effective lmmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the /~ day of ~ObO/" ,2000 EUL1NE BKOCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 3 ATTACHMENT A CIP PROJECT 2000 - 2001 Comprehenmve Famhty Space Study 300,000 Miscellaneous Facility Renovahons 393,000 Geographic Information System Improvements 200,000 Long-Range Technology Plan 2,000,000 A~rport - Master Plan Update 12,000 Airport- Upgrade Entrance Sign 10,000 Parks - Sworn_ming Pool Cover 25,000 Total ~ Page 3 of 3 RESOLUTION NO ~~'7 A RESOLUTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH GENERAL OBLIGATION BONDS SO THAT PROJECTS MORE FULLY DESCRIBED 1N THE ATTACHMENT TO THIS RESOLUTION MAY BE COMMENCED, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty of Denton (the "Issuer") ~s a mtm~c~pal corporat~on/pohtical subd~wsmn of the State of Texas, and WHEREAS, the ~ssuer expects to pay expenditures for projects in conjunction w~th the airport, street ~mprovements, and the north branch library which were approved ~n the 2000-2001 CIP Budget and are described m Attachment "A", and WHEREAS, the Issuer finds, conmders, and declares that the re~mbnrsement of the Issuer for the payment of such expenditures will be appropriate and consistent w~th the lawful object~ves of the Issuer and, as such, chooses to declare its ~ntentlon, in accordance with the provisions of Section 1 150-2 Treasury Regulations, to rmmburse ~tself for such payments at such t~me as it ~ssues the obhgat~ons to finance the ProJects, 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 obhgatlons, w~th an aggregate maximum pnnmpal amount equal to $3,520,000 for the purpose of paying the costs of the ProJect, as set forth ~n the attached Attachment "A", which ~s made a part of th~s Resolution for all purposes as fflncorporated word for word here~n SECTION 2 All costs to be reimbursed pursuant hereto will be for the design and capital improvement expenditures No tax-exempt obligations will be ~ssued by the Issuer m furtherance of th~s 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 whmh the property, with respect to which such expenditures are made, is placed m service That all amounts expended from the Unreserved Fund Balance of the General Fund for the Project set forth in Attachment "A" to pay any costs of the ProJect shall be reimbursed from general obhgat~on bond proceeds within the 2000-2001 fiscal year SECTION 3 The foregoing notwlthstandmg, no tax-exempt obhgatlon will be issued pursuant to th~s resolution more than three years after the date any expenditure which is to be reimbursed ~s prod SECTION 4 This resolution shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED this the 1~ ~ day of O0~'~O/30~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 3 ATTACHMENT A CIP PROJECT 2000 - 2001 A~rport Control Tower 500,000 Land Acqumt~on - Airport Runway 220,000 H~ckory Creek 200,000 U S 77 250,000 M~scellaneous Pawng 2,000,000 North Branch L~brary Design 350,000 Total ~ Page 3 of 3 RESOLUTION NO ~~ A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROViNG THE ELIGIBILITY OF THE STRUCTURE LOCATED AT 114-116 NORTH LOCUST/115-117 NORTH AUSTiN, DENTON, TEXAS FOR TAX EXEMPTION FOR HISTORICALLY SIGNIFICANT SITES PURSUANT TO CHAPTER 10, ARTICLE VII CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AUTHORIZING CITY MANAGER TO EXECUTE A TAX EXEMPTION CERTIFICATE, AND DECLARING AN EFFECTIVE DATE WHEREAS, the C~ty has a policy to grant a partial tax exemption for historically significant sites as established by Chapter 10 "Finance and Taxanon", Article VII of the Code of Ordinances of the City of Denton, Texas, and WHEREAS, the property located at 114-116 North Locust/Il5-117 North Austin, Denton, Texas meets the requirements of a historically significant site since it is a commercial or residentml structure, 50 years old or older, and ~s within the boundaries of the Downtown Commercial Dismct as defined ~n Sec 10-131 of the Code of Ordinances of the City of Denton, Texas, and WHEREAS, the owner has met all requirements for eligibility for the tax exemption, and WHEREAS, the Historical Landmark Commission has unammously recommended the approval of the exemption at its meeting of July 10, 2000, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION1 That the structure located at 114-116 North Locust/liS-II7 Austin, Denton, Texas has met all the requirements of Chapter 10, Article VII of the Code of Ordinances of the City of Denton, Texas as amended by Ordinance 98-116 and is ehg~ble for the tax exemption for historically significant sites SECTION 2 That the City Manager is hereby authorized to execute a tax exemption certificate upon verification of completion of repairs and renovation for the property located at 114-116 North Locust/115 - 117 Austin, 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 in excess of the assessed value of the property for the tax year lmmedmtely prior to the renovation, for a period of ten years following the completion of the renovation SECTION 4 That this resolutmn shall become effective immediately upon its passage and approval PASSED AND APPROVED th, s the 17'/~ day of ~.q2~ _, 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPvttJVED AS TO LEGAL FO HERBERT L PROUTY, CITY ATTORNEY F \shared\dept~LGL\Our Documents\Resolutions 00\h~storlc structure tax exemptmn doc Page 2 Next Document A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE DONATION OF BODy ARMOR WHICH NO LONGER HAS VALUE TO THE CITY OF DENTON TO NORTH CENTRAL TEXAS COLLEGE AND TO THE ROTARY CLUB OF DENTON, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton is the owner of certain body armor that have been previously used and replaced and is in various states ofrepmr and d~srepmr and such body armor is no longer of any value to the C~ty of Danton, and WHEREAS, the North Central Texas College is in need of body armor for trmmng purposes only and has agreed that the armor will be used for trmmng purposes only, and WHEREAS, the Rotary Club of Denton is a non-profit organization who will donate the body armor to police departments of foreign reties for law enforcement purposes only, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SI~CTION 1 That the C~ty of Denton, Texas, certifies that the body armor Much has been replaced ~s not of any value to the City of Denton SBCTION 2 That the City Council authorizes and directs the C~ty Manager, or his designee, ,to represent and act on behalf of the City of Denton and to donate ten (10) body armor vests to North Central Texas College w~th the agreement that the body armor will only be used for trmmng purposes SECTION 3 That the City Council authorizes and directs the City Manager, or his designee, ,to represent and act on behalf of the City of Denton and to donate a number of the remmmn~ body armor vests to the Rotary Club of Denton, Texas, in consideration agreeing to donate the body armor to foreign cities for use by law enfomement officers only SECTION 4 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED th,s theOL,_ day of~, 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 RELEASE AND WAIVER OF LIABILITY WHEREAS, the City o£ Denton, Texas is the owner of certain body armor that have been previously used and replaced'and ~s ~n various states of repair and disrepair, and WHEREAS, the Rotary Club of Denton is a non-profit organization desmng to donate the body armor to foreign cities for use by the law enforcement officers of the mtms NOW, TFI~REFORE, THE ROTARY CLUB OF DENTON DOES HEREBY AGREE TO ASSUME ANY AND ALL RISKS AND THE RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE CITY OF DENTON FOR ANY DAMAGE TO PROPERTY OR INJURY TO PERSONS (INCLUDING DEATH) THAT MAY RESULT FROM THE USE OF THESE ITEMS THE ROTARY CLUB OF DENTON FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY OF DENTON, ITS OFFICERS, AGENTS AND EMPLOYEES, FROM AND AGAINST LIABILITY FOR ANY AND ALL CLAIMS, LIENS, SUITS, DEMANDS AND/OR USE, AND EXPENSES, INCLUDING COURT COSTS AND ATTORNEY'S FEES AND OTHER REASONABLE COSTS ARISING OUT OF OR RESULTING FROM THE USE OF THE BODY ARMOR WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY THE CITY OF DENTON'S NEGLIGENT ACTS OR OMISSIONS As inducement for and in consideration of the City of Denton donating the above described body armor, the Rotary Club of Denton agrees and asserts that the donated body armor will be used in connection with the operation ofpohce departments and for no other purposes I, am an authorized agent for the Rotary Club of Denton and I have the authority to sign flus release and wmver of liability I, the und~rmgned, have read this wmver of habmty and understand all its terms I execute it voluntarily and with willful knowledge of its significance Rotary Club of Denton Title__ __ Dat~ / THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME,the under~gn~l._auth, onty, a Notary Public in and for smd State of Texas, on flus day personally appeared ~((r~Jr/~ (~/~J.~/~ known to me to be the person who signed and executed the foregoing instrument and acknowledged to me that this instrument was executed for the purposes and conslderaUon thereto expressed/'~ GIVEN UNDER MY AND SEAL OF OFFICE this the/,_~__ day of ---- oooC I,/~ ~ ] Notaly PuO,c I / fi'q~(ar~ Pub~n and for t~t~e~of~exas ~t ~ ~ ~ ~ State of Texos I/ RESOLUTION NO ~_~ A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOR SIRIUS ENTERPRISES FACILITY, BEING AN APPROXIMATE 1 9247 ACRE SITE LOCATED ON THE NORTH SIDE OF MINGO ROAD BETWEEN LOOP 288 AND FISH TRAP ROAD ON SIRIUS DRIVE , AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-014, SIRIUS ENTERPRISES FACILITY) WHEREAS, on March 2, 2000 the City Council adopted Ordinance No 2000-069 which estabhshed certvan nonresidential interim regulations (the "Nonres~dentlal Interim Regulations"), and WHEREAS, the Nonresidential Interim Regulations estabhshed, among other things, a project plan requirement, and WHEREAS, the owner of an approximate 1 9247 acre tract of land zoned Light Industrial (LI)(c)84 and described as Lot 3, Block A of the S~rms Enterprises Addition has made an apphcation 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 condmons imposed herein, If any, meets the reqmrements of the Nonresldentml 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, ~s hereby approved, subject to the following condmons a) Any proposed off-me grading shall be commenced only after a letter of permission, from the affected property owner, ~s submitted to the City of Denton b) The west elevation of the bmldtng shall be 75% masonry SECTION 2 Th~s resolution shall become effective ~mmed~ately from and after its approval .I PASSED PROVED stheO "- day of 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM PAGE 2 3uz slue3[nsuo3 ~ saaau(6u~ uror O00a £G ~ §[ LT ^ON [Jj 9~0 ~-~O-Z-dS-~-GO~\I-gOZ\GO~\666[\POUdUPOP\I Ill ~l 2012 OLYMPIC GAMES, AND DECLARING AN EFFECTIVE DATE WHEREAS, the City of Dallas, under the leadership of Mayor Ron Kirk and Tom Luce, chairman for The Dallas 2012 Bid Committee, has undertaken the task of placing a bid to become the United States candidate city for the 2012 Olympic Games, and WHEREAS, Collm, Tarrant, Dallas and Denton Countms must play a powerful and supportive role in secunng the opportunity for North Texas to host the 2012 Olympic Games, and WHEREAS, the City of Denton is the home of two state universities with excellent athletic facilities which could be utilized for some of the Olympic events, and WHEREAS, understanding the eommumty sprat and civic pride that will surely follow when it is announced that the City of Denton will be helping host the 2012 Olympic Games, and WHEREAS, knowing the economic impact this effort will make m the City of Denton, and WHEREAS, understanding the need for total and complete City-wide support for a project of this magnitude, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The City Council has pledged its support to this official Resolution in support of The Dallas 2012 Bid Committee in 1ts efforts to meet the requirements for bringing the Olympic Games to the Metmplex SECTION 2 That the City Manager is directed to send a true and correct copy of this Resolution to appropriate officials of the City of Dallas SECTION 3 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this th~day of'"~~.~, 2000 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 Next Document RESOLUTION NO ~TF- ~-~ A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND TEXAS WOMAN'S UNIVERSITY TO PROVIDE MUTUAL ASSISTANCE BETWEEN THE TEXAS WOMAN'S UNIVERSITY DEPARTMENT OF PUBLIC SAFETY AND CITY OF DENTON POLICE DEPARTMENT, AUTHORIZiNG THE MAYOR TO EXECUTE THE AGREEMENT, AND PROVIDING FOR AN EFFECTWE DATE WHEREAS, the Texas Education Code §107 82 allows The board of regents of Texas Woman's University and the city council of Denton to enter into written agreements to authorize the regular employed peace officers of the umverslty to assist the peace officers of the city in enforcing the laws of the state and the orrhnances of the city at any location in the city, and WHEREAS, the city council finds that it is in the public interest to approve an agreement allowing mutual assistance between Texas Woman's University Department of Public Safety and City of Denton Police Department, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City Council hereby approves the Agreement attached hereto, between the City of Denton and Texas Woman's Umverslty to provide mutual assistance between Texas Woman's Umverslty Department of Pubhc Safety and the City of Denton Police Department, and authorizes the Mayor to execute smd Agreement SEGTION 2 That flus resolution shall become effective immediately upon as passage and approval /3__ PASSED AND APPROVED this the /~ day of ~t~/L,/ ,2000 EUL1NE BROCK, MAYOR ATTESTI JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM .E E T L PROUTY, CITY ATTO EY By ~ ~a~" MUTUAL AID LAW ENFORCEMENT AGREEMENT BETWEEN TEXAS WOMAN'S UNIVERSITY DEPARTMENT OF PUBLIC SAFETY AND CITY OF DENTON POLICE DEPARTMENT WHEREAS, pursuant to the powers granted under Chapter 51 and Chapter 107 of the Texas Education Code, the C~ty of Denton, Texas, and Texas Woman's UnIversity desire to form a mutual aid law enforcement agreement to cooperate in the investigation of criminal activity and enforcement of the laws of this state and the ordinances of the City of Denton, and to provide additional law enforcement officers to protect health, l~fe, and property against riot, against unlawful assembly accompanied by the use of force or violence, and during t~mes of natural d~saster or man-made calamity, NOW, THEREFORE, in consideratIon of the mutual promises each to the other made, the parties do hereby agree as follows I The following terms shall have the following meanzngs when used zn th~s agreement A) "Law Enforcement Officer" means any commzss~oned peace officer, B) "Member" means a party to this agreement, C) "Chief Law Enforcement Officer" means the Chief of Police of the City of Denton Police Department and the D~rector of the Texas Woman's University Department of Publzc Safety, D) "Chief Administrative Offzcer" means the mayor of the City of Denton and the President/Chancellor of Texas Woman's University, E) "Asslgnee" means a peace officer commissioned by one of the members II The Members agree to form and by this agreement do form a mutual aid law enforcement group ("the Group") whose jurisdictIon shall be throughout the territorial boundaries of the Members III The purpose of the Group is to cooperate in the investigation of criminal activity and enforcement of the laws of this state and the ordinances of the City of Denton and to assist in providing additional law enforcement officers to protect health, life and property against riot, unlawful assembly characterized by the use of force or violence, and during times of natural disaster or man-made calamity IV Subject to the Members' discretion as to participation and determination of availability of personnel, a Member may assign its law enforcement personnel to the Group to perform law enforcement duties outside the Member's normal territorial limits provided the Chief Law Enforcement Officer, or his/her designee, has determined the assignment is necessary A) for investigation of criminal activity and for law enforcement, or B) to protect the health, life and property of any other Member, ~ts inhabitants, and the visitors thereto, by reason of riot unlawful assembly characterized by the use of force or violence, or threat thereof, or during time of natural disaster or man-made calamity V The Chief Law Enforcement Officer of a Member, or his/her designee, in h~s/her sole discretion, at any t~me, may withdraw his/her Assignee and discontinue participation ~n any activity initiated pursuant to this agreement VI While any Assignee is in the service of the Group, he/she shall be a peace officer with all the same powers he/she might have when within the normal territorial limits of the Member where he/she is regularly employed Additionally, such Assignee shall have the same investigative authority as if he/she were investigating criminal activity within the normal territorial limits of the Member where he/she is regularly employed VII Each Assignee, while mn the servmce of the Group, shall be under the command of the Chmef Law Enforcement Offmcer of the Member where he/she ms regularly employed, except that, pursuant to sectmon 107 82(c) of the Texas Educatmon Code, whmle any Asslgnee of Texas Woman's Unlversmty ms mn the servmce of the Group, and when acting outside the property of the Unmversity or outsmde any public street runnmng through, adjacent to, or within property owned or occupied and controlled by the Unlversmty, the Assignee ms under the ]urmsdmctmon and command of the Chief of Polmce of the Cmty of Denton Polmce Department Nemther the State of Texas nor Texas Woman's Unmverslty shall be lzable for actmons of a campus polmce offmcer acting under the ]urlsdlctmon and coramand of the Chmef of Polmce of the City of Denton Polmce Department VIII Any Assmgnee shall receive the same wage, salary, pension, and any and all other compensatmon and other rmghts for servmce wmth the Group, including injury or death benefmts, and workers compensation benefzts, equipment, clothing, and vehicles, as though the servmce has been rendered within the normal terrltormal limits of the Member where he/she is regularly employed Moreover, all wage and d~sablllty payments, mncludmng workers compensation benefmts, pension payments damage to equmpment and clothmng, medmcal expenses and expenses for travel, food and lodging shall be pazd by the Member whmch regularly employs samd Assmgnee in the same manner as though the service had been rendered wmthmn the terrmtormal tlmmts of the Member where he/she ms regularly employed IX In the event that any person performmng law enforcement services pursuant to this agreement should be c~ted as a party to any civil lawsuit, state or federal, arising out of the performance of those services, he/she shall be entitled to the same benefits that he/she would be entmtled to receive mf such civil actmons had arisen out of the performance of hms/her dutmes where he/she is regularly employed, and in the terrmtormal limits of the Member by which he/she ms regularly employed 3 X Third party claims against Members shall be governed by the Texas Tort Claims Act or other appropriate statutes, ordinances or laws of the State of Texas XI It is expressly understood and agreed that, in executIon of this agreement, no Member waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions XII The validity of thls agreement and of any of its terms or provisions, as well as the rights and duties of the Members hereunder, shall be governed by the laws of the State of Texas XIII In the case that any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such ~nvalldlty, Illegality, or unenforceablllty shall not affect any other provision contained herein, and th~s agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein XIV Th~s instrument contains all the commitments and agreements of the Members, and any oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this agreement XV This agreement shall be executed by the Mayor of the City of Denton and by the Chair of the Board of Regents of Texas Woman's University XVI This agreement shall become effective between the Members on December 8, 2000 This agreement shall remain in full force and effect for a period of one year from the effective date hereof and shall automatically be renewed for an additional one-year period on each anniversary date However, at any time, any Member may discontinue participation in this agreement by giving thirty (30) days written notice by certified mall to the Chief Law Enforcement Officer of each Member XVII This agreement may be amended or modified in writing by mutual agreement of the Members, wzth said amendment or modzflcatlon being attached to or incorporated into this agreement f Law Enforcement Off'ice fflcer Texas Woman's University DPS Czty of Denton Police Dept Dat/e~ ~/06~ Date/~/~/~O CITY COUNCIL OF DENTON, TEXAS Mayor Czty of Denton Attest C~y S~e c r~e t~a r y~~/ ~ Approved as to form C~_t~ Attorne~ S~gned this /~day of ~~ , 2000 BOARD OF REGENTS T~X]AS WOMAN'S U~,TY Board of Regents Attest Se/retary to the Board of Regents Approved ATTORNEY GENERAL STATE OF TEXAS by First Assistant Attorney General Date 6 S \Our DoeumentaW, esolutlons\00\Sally Beauty Supply ROW Resolution doc RESOLUTION NO ~C;500~-0/9,~ A RESOLUTION APPROViNG A RIGHT-OF-WAY USE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SALLY BEAUTY COMPANY, iNC, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HERBY RESOLVES SECTION 1 That the C~ty Council of the C~ty of Denton hereby approves a R~ght-of- Way Use Agreement between the C~ty of Denton and Sally Beauty Company, Inc, a copy of which ~s attached hereto and incorporated by reference here~n, and the C~ty Manager ~s hereby authorized to execute smd Agreement on behalf of the C~ty SECTION 2 That thas resolution shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED this the/q ~;~ day of ~~/~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY {/' t APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY~TTORNEY D \Temp\Sal~y Beauty Supply POW doc RIGHT-OF-WAY USE AGREEMENT THE ST.~TE OF TEXAS § COUNTY OF DENTON § The City of Denton, hereinafter referred to as "City' does consent and agree to perrmt Sally Beauty Company, Inc, beremaf~er referred to as "Apphcant", to use a right-of-way dethcated to City, such right-of-way being described m Exlnb~t No 1 attached hereto, for the purposes of installing three 2"¢ondmt pipes v~th a mm~mum cover of 36'and upon the following conthtions The condtut pipes shall be installed only at the location shown on Exhthlt No 1 All installations shall be conducted by bonng underneath the surface of the subject street right-of- way Absolutely no thsruptlon of street surfaces are permitted, I The APPLICANT, his successors or assigns shall maintain and keep m sightly condilaon all of the right-of-way area and the improvements situated thereon, and that CITY shall not become responsible for such maintenance at any tune m the future II The APPLICANT shall and does hereby agree to mdemmfy and hold harmless CITY from any and all damages, loss or hahihty of any land whatsoever by reason of injury to property or thud person occasioned by ~ts use of the right-of-way or act of omission, neglect or wrongdoing of APPLICANT, his officers, agents, employees, mvltees or other persons, wath regard to the Lmprovemants and maintenance of such improvements, and the APPLICANT shall, at his own cost and expense, defend and protect CITY against any and all such c]~ms and demands III The APPLICANT shall purchase and mamtam Commercial General L~ahihty Insurance naming the CITY as an "adthtional insured" for damages ansmg from the construction and maintenance of the Improvements anthonzed above with a I~m~t of not less than $250,000 00 for each person 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 destruclaon of property The APPLICANT shall arrange for all activities and rmprovements m the right-of-way to be chscontmued and/or removed, at the direction of CITY, within thirty (30) days of notLficatlon by CITY, that the City Council has directed the use of the right-of-way by the APPLICANT be discontinued, and the cost associated with the discontinuing of such activities, and the removal of such Improvements, as well as property adjacent to the right-of-way necessitated by such discontmtlalaon oftbe right-of-way use, shall be borne by the APPLICANT D \Temp\Sally B~auty Supply ROW doo V The APPLICANT, hm successors or assigns shall not seek compensation from CITY for loss of the value of the improvements made hereunder when such nnprovements are reqmred to be removed by APPLICANT This A~reement shall be filed of record m the Deed Records of Denton County, Texas, and shall brad all future owners of thts lot and shall for all purposes be considered a covenant IN TESTIMONY~i/HEREOF, APPLICANT executes this Raght-of-Way Use A~reement on th~s ,'Q'~"' day o~ 2000 C~ty of Denton Sally Beauty Company, Inc Attest l~li'~ ~ters, City Secreta.~ Approved as to Form HERB~T~_~~ O~Y~ATTORNEY Location Map FILE REFERENCE FORM I R2000-064 I FILE(S) Date Initials Replaced by Resolution No. R2006-024 06/20/06 JR RESOLUTION NO ff~)0~)- ~, A RESOLUTION REVISING ADMINISTRATIVE POLICY NO 408 05 "DEBT SERVICE MANAGEMENT" AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on the 5~ day of March, 1996 the City Council passed Resolution No 96-013 adopting Admlmstratave Policy No 408 05 "Debt Service Management", and WHEREAS, the Assistant City Manager of F~scal & Mummpal Services for the C~ty of Denton has presented a proposed revision of the Debt Servme Management Policy for the CounciPs consideration, and WHEREAS, the C~ty Manager recommends adoption of the revised pohey and the City Council desires to adopt such policy as the offimal pohcy regarding Debt Service Management, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~qRCTIONI 1 That the followmg pohcy entitled "Policy No 408 05 "Debt Service Management", attached hereto and made a part hereof, is hereby adopted as an official pohcy of the City of Denton, Texas and shall replace the ex~stmg Debt Service Management Pohcy SEC.TID2~2 That the attached pohcy shall be filed in the official records with the C~ty Secretary ~qRCTION 3 That flus resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED th~s the J q~--Y(__ dayof ~~J ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 CITY OF DENTON P^ E I or 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REI~ ERENCE NUMBER SECTION FINANCE 403 07 ' INITIAL EFECTIVE DATE SUBSEC~ DEBT MANAGEMENT 03/05/96 LAST REVISION DATE TITLE DEBT SERVICE MANAGEMENT I. PURPOSE Tl~s policy shall provide general guidelines by which the City of Denton "the City" will Issue debt It is the objective of this policy that (1) the City obtmn financing only when necessary, (2) the process for identifying the timing and amount of debt or other financing, proceed as efficiently as possible, and (3) the most favorable interest rate and other costs be obtmned II SCOPE This debt management policy applies to the financing activities of the City of Denton, Texas It also addresses the issues of process, use and hmltatlons Obligations will be timed for issuance and delivery of proceeds as close as possible to the time that contracts are expected to be awarded so that the proceeds are spent in the most efficient manner III DEBT MANAGEMENT COMMITTEE A Members There is hereby created a Debt Management Committee ("the Committee") consisting of the City Manager, Assistant C~ty Manager of Utilities, Asmstant C~ty Manager of Fiscal & Mummpal Services, Director of Fiscal Operations, Director of Management & Budget, and, Fmancml Advisor and Bond Counsel as ex-officio members B Scope The Committee shall meet as necessary to review the debt program Included m ~ts &scusslons will be such repros as the Capital Improvement Program, status of financed projects, taming of ad&tlonal finanmng needs, the effect of proposed financing activity on the related rates supporting the debt (1 e property tax rate, utility rates, user fees, ere ) Page 2 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) ' REFERENCE NUMBER TITLE DEBT SERVICE MANAGEMENT 403 07 IV RESPONSIBILITY AND STANDARB OF CARE The Fiscal and Munacapal Services Department will coordinate all actiwties reqmred for the ~ssuance of all debt A Delegation The primary md~wdual who shall be involved ~n the development of financing recommendations wall be the Director of Fiscal Operations The Assistant C~ty Manager of Fiscal & MUmclpal Serwces shall be responsible for all debt financing activities and shall establish a system of controls to regulate the aet~wt~es of the Director of F~scal Operations B Confl~ets of Interest All participants in the debt management process shall seek to act responsibly as custodians of pubhc assets Officers and employees revolved in the debt management process shall refrain from personal bus~ness activity that could conflict w~th proper execution of the financing program, or which could impair their abflxty to make lmpartml financing decisions C Reporting The Director of Fiscal Operations shall prepare at least annually a report summanzmg all debt outstanding by type (tax supported and revenue backed), remmmng balance of bond proceeds, update of arbitrage habibty, and update of pertinent legislative changes D Investor Relations The C~ty shall endeavor to maintain a positive relationship w~th the investment community The Director of F~seal Operations and the C~ty's Financial Adwsor shall, as necessary, prepare reports and other forms of commumcations regarding the C~ty's indebtedness, as well as its future financing plans This includes information presented to the press and other med~a The ~nformat~on includes annual program of services, comprehensive annual financial report, financial plans, capital improvement plans, comprehensive development plans, etc All forms of media deemed appropriate and ~mmedaately available to the C~ty will be utilized to d~ssem~nate reformation to all investors Examples include Texas Mumc~pal Report, The Bond Buyer, Nationally Recognized Mumcipal Security Information Repository and State Information Depository Bond Counsel will advise on the use of electronic med~a in connection with the City's debt program Page 3 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER TITLE DEBT SERVICE MANAGEMENT 403 07 E Financial Advisor The City shall retain an independent Financial Advisor for advice on the structunng of new debt, financial analysis of vinous options, the rating review process, marketing debt issues, marketability of City obligations, sale and post- sale services, the review of the official statement and other services as necessary The City will seek the advice of the Financial Advisor on an ongoing basis The Financial Advisor wall perform other services as defined by the agreement approved by the City Council F Bond Counsel The City shall retmn Bond Counsel for legal and procedural adwce on all debt ISSUES Bond Counsel shall advise the City Council in all matters pertmmng to its bond ordinance(s) and/or resolution(s), and, no action shall be taken with respect to new obligations until a written instrument has been prepared by the Bond Attorneys certifying the legality of the proposal The Bond Attorneys shall prepare all ordinances and other legal instruments required for the execution and sale of any bonds issued which shall then be reviewed by the City Attorney and Director of Fiscal Operations The City will also seek the advice of Bond Counsel on all other types of debt and on any other questions involving federal tax or arbitrage law Specml Counsel shall be retained to protect the City's interest m complex negotiations and comment review V OFFICIAL STATEMENT The preparation of thc Official Statement is the rcsponslbihty of the Financial Advisor m concert with the Director of Fiscal Operations under the supervision of the Assistant City Manager of Fiscal and Municipal Services Information for the Official Statement is gathered from departments/divisions throughout the City The City will take all appropriate steps to comply with the federal disclosure rules 0 e, Securities and Exchange Commission Rule 15C2-12) The City will provide annual and event disclosure to reformation repositories throughout the term of securities for the benefit of the primary and secondary municipal markets Page 4 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REI~EKENCE NUMBER TITLE DEBT SERVICE MANAGEMENT 403 07 VI DISCLOSURE A Wath each bond offenng, and at least annually, an the preparataon of Flnaneml Reports or Official Statements of any bond prospectus, the Caty wall follow a pohey of full and complete dasclosure of financml and legal condataons of the Caty, an conformance wath gmdehnes assued by the Government Finance Officers Assoeaataon Daselosure Gmdehne, and as advased by dasclosure counsel or Flnancml Advasor Furthermore, all Caty finance and debt-related anformataon which may appear m pubhely dastnbuted documents an antaeapataon of the assuanee of bonds by the Caty Enterprise Funds, Redevelopment Agency or Housmg Authority should be revaewed by the Finance Department prior to dlstnbutaon to ensure that the mformataon as presented on an accurate and consastent basas B Material Events SEC Rule 15c2-12 hsts 11 events that, ff material, must be reported an a timely fasbaon to each Nationally Recogmzed Mumeapal Security Information Reposatory (NRMSIR) or to the Munlcapal Security Rulemakang Board (MSRB) and to the appropriate State Information Deposatory (SID) The events that must be reported, afmatenal, are 1 Pnncapal and interest payment dellnquencaes, 2 Nonpayment related defaults, 3 Unscheduled draws on debt service reserves reflectang flnancml dffficultaes, 4 Unscheduled draws on credit enhancements reflecting financml difficulties, 5 Substatutaon of ere&t or hqm&ty prowders, or thear failure to perform, 6 Adverse tax opamons or events affeetang the tax-exempt status of the security, 7 Mo&ficataons to rights of security holders, 8 Bond calls, 9 Defeasanees, 10 Release, substatutaon, or sale of property secunng repayment of the secuntaes, 11 Rating changes Unoffiemlly consadered the twelfth material event to be reported ~s the failure of any obhgated person to provade the reqmred annual financml mformataon on or before the date specafied an the related undertaking According to the SEC, thas reqmrement would be satasfied ff a dasclosure contract states that the annual mformataon would be provaded wlthm a speeafied number of days after the fiscal year end FUll dasclosure of the operataons will be made to the bond rating agencaes The Caty staff, with the assastance of the Fmancaal Advasors and Bond Counsel, wall prepare the necessary materials for and presentataon to the rating agencaes Page 5 of 19 POLICY/ADMINISTRATIV~ PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER TITLE DEBT SERVICE MANAGEMENT 403 07 VII. RATING AGENCY COMMUNICATIONS & CREDIT OBJECTIVES The City will seek to malntmn and improve its current bond rating so its borrowing costs are reduced to a minimum and its access to credit is preserved In conjunction with the Financial Advisor, the City shall maintain a line of communication with the rating agencies (Moody's, Standard & Poor's, and Fitch), lnfonmng them of major financial events m the City as they occur The Comprehensive Annual Fmanclal Report, Annual Program of Services, and Capital Improvement Plan, shall be distributed to the rating agencies after they have been accepted/adopted by the City Council on an annual basis When necessary, a personal meeting with representatives of the rating agencies will be scheduled when a major capital improvement program is initiated, or to discuss economical and/or financial developments which might impact credit ratings The following documents may be required for the rating agencies Most recent annual audit reports, including a description of accounting practices Accounting changes an tho past three years and the impact on financial results should be explained Current budget Current capital improvement program/plan Official statements for new financings Description of projects being financed Sources and uses statement for project being financed If additional funds are required to complete project, the source of the funds and any conditional reqmrements will be discussed Engmeering and feasibility report (if applicable) Zoning or land-use map 0f applicable) Cash flow statement, m the case of interim borrowing Statement of long - and short-term debt with annual and monthly maturity dates as appropriate Also, a report of any lease obligations, their nature and term Indication of appropriate authority for debt issuance Investment policy 0f applicable) Statement concerning remaining borrowing capacity plus tax rate and levy capacity or other revenue capacity VIII LIMITATIONS OF INDEBTEDNESS City staff, in conjunction with thc Financial Advisor and Bond Counsel, will produce a comprehensive analysis of debt capacity prior to issuing bonds This document should cover a broad range of factors, including · Legal debt limits, tax or expenditure ceilings Page 6 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REIq~RENCE NUMBER TITLE DEBT SERVICE MANAGEMENT 403 O7 · Coverage requirements or addmonal bonds tests in accordance with bond covenants · Measures of the tax and revenue base, such as projections of relevant economic vanables (e g, assessed property values, employment base, unemployment rates, income levels, and retml sales) · Population trends · Utlhzat~on trends for services tmderly~ng revenues · Factors affecting tax collections, ~ncludmg types of property, goods, or services taxed, assessment practices and collection rates, evaluation of trends relating to the C~ty's financml performance, such as revenues and expcndltures, net revenues available after meeting operating requirements · RehaNhty ofrevenuas expected to pay debt service · Unreserved fund balance levels · Debt serwce obhgat~ons, such as exmt~ng debt service reqmrements · Debt service as a percentage of expenditures or tax or system revenues · Measures of debt burden on the community, such as debt per capita, debt as a percentage of personal income, debt as a percentage of full or equalized assessed property value, and overlapping or underlying debt · Tax-exempt market factors affecting interest costs, such as interest rates, market receptlwty, and credit rating The City has both revenue bonds and other indebtedness of the Electric, Water, Wastewater, and Solid Waste Funds The C~ty will endeavor to malntmn two coverage ratios as provided in the City's outstanding bond covenants (e g 1 25 and/or 1 50 t~mes, or as required by individual bond covenants) The Electric, Water, Wastewater, and Sohd Waste Funds' total long-term debt outstanding shall not exceed the amount of comNned fund eqmty IX TYPES OF DEBT The C~ty's Bond Counsel and Financial Adwsor will present the d~fferent types of debt best stated and legally permissible under state law for each debt msue These types may include · short-term vs long-term debt, · general obhgatlon vs revenue debt, · fixed vs vanable rate debt, · lease-backed debt, · spemal obhgat~on debt such as assessment district debt, · conduit issues, and · taxable debt, Page 7 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE REFERENCE NUMBER DEBT SERVICE MANAGEMENT 403 07 A The C~ty will seek all possible Federal and State reimbursement for mandated projects and/or programs The C~ty will pursue a balanced relationship between ~ssmng debt and pay-as-you-go financing B The C~ty will match the term of long-term debt ~ssued up to the hfe of the projects financed Current operations w~ll not be financed w~th long-term debt Debt ~ncurred to finance capital ~mprovements w~ll be repaid w~tfun the useful hfe of the project C H~gh priority will be assigned to the replacement of capital ~mprovements when they have deteriorated to the point there they are hazardous, ~ncur high mamtenance costs, negatively affect property values, or no longer serve their ~ntended purposes D An updated Capital Improvement Plan will be presented to the C~ty Council for approval on an annual bas~s Tfus plan will be used as a bas~s for the long-range financial planmng process X. BOND STRUCTURE Structural features that may be considered are · maturity of the debt, · setting the maturities of the debt equal to or less than the useful hfe of the project, · use of zero coupon bonds, capital apprecmt~on bonds, deep d~scotmt bonds, or pr~mmm bonds, · debt service structure (level debt service payments, level pnnctpal payments or other repayment structure defined by state law), · redemption prows~ons (mandatory and optional call features), · use of credit enhancement, · use of semor hen and jumor hen obhgatlons, and · use of derivative products, XI SHORT-TERM DEBT A General Short-term obhgatlons may be ~ssued to finance projects or port~ons of projects for which the C~ty ultimately intends to ~ssue long-term debt, ~ e, ~t will be used, when appropriate, to prowde interim financing which will eventually be refunded w~th the proceeds of long-term obhgat~ons Page g of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REP ERENCE NUMBER TITLE DEBT SERVICE MANAGEMENT 403 07 Short-term obligations may be backed with a tax and/or revenue pledge or a pledge of other available resources Intenm financmg may be appropriate when long-term interest rates are expected to deehne m the future In addition, some forms of short-term obligations can be obtained quicker then long-term obligations and thus cen be used until long-term financing can be obtained B Commercial Paper Due to the issuance costs associated with the marketing and placement of commercial paper in amounts of less then approximately $25 million, it IS not considered feasible for the City of Denton to issue this type of debt Should the opportunity to participate in a commercial paper issuance pool present itself, the advantages end disadventages shall be evaluated by the Director of Fiscal Operations C Anticipation Notes Anticipation notes empower municipalities to issue debt without giving notice of intent Anticipation notes may be secured and repaid by a singular pledge, but not a plural pledge, of revenue, taxes, or the proceeds of a future debt issue Antlclpataon notes may be authorized by en ordlnence adopted by the City Council Anticipation notes may be used to finence projects or acquisitions that could also be finenced with Certificates of Obligation Anticipation notes have several restnctaons, which include 1) Anticipation notes issued for general purposes must mature before the seventh anmversary of the date the attorney general approves the issue, 2) Anticipation notes may not be used to repay lnterfund borrowing or a borrowing that occurred up to/or more than 24-months prior to the date of ISSUance, 3) A govermng body may not issue entlclpatlon notes that are payable from bond proceeds unless the proposition authorizing the issuance of the bonds has already been approved by the voters Page 9 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER TITLE DEBT SERVICE MANAGEMENT 403 07 XII. LONG-TERM DEBT A General Proceeds from the sale of long-term obligations will not be used for operating purposes, and the life of the obligations will not exceed the estimated useful hfe of the projects financed A level debt service structure will be used unless operational matters and marketing considerations dictate otherwise The cost of ~ssuance of private activity bonds is usually h~gher than for governmental purpose bonds Consequently, private act~wty bonds will be issued only when they will economically benefit the C~ty The cost of taxable debt ~s higher than for tax-exempt debt However, the issuance of taxable debt may be more appropriate in some c~rcumstances and may allow valuable flex~bflxty ~n subsequent contracts w~th users or managers of the ~mprovement constructed with the bond proceeds Therefore, the City will usually ~ssue tax-exempt obhgatlons but may occasionally ~ssue taxable obhgatlons B Bonds Long-term general obhgat~on or revenue bonds shall be ~ssued to finance s~gmficant and desirable capital improvements The general obhgat~on bonds will be used for purposes set forth by voters ~n bond elect~ons General obhgat~on bonds will strive to have an average life of approximately fifteen (15) years or less, and revenue bonds will strive to have an average hfe of approximately twenty (20) years or less A resolution of intent to ~ssue bonds authorizing staff to proceed w~th preparations shall be presented for the consideration of the C~ty Council when the capital budget is presented or as soon thereafter as reasonably possible Unless a compelhng reason is identified by the Debt Committee, all bonds issued for the purpose of supplying new monies as needed for current, ongoing pubhc ~mprovements shall be sold at a public, competitive sale based upon sealed bids pursuant to terms and conditions specified ~n the City's Home Rule Charter whmh reqmres "the publication of a proper notme of sale ~n a national pubhcat~on which regularly ~ncludes mumc~pal bond sale notices, stating pertinent facts relating to the proposed sale ~ncludmg, but not hmlted to, the t~me, the date, and the place (which shall be ~n the City of Denton) that all sealed bids will be pubhcly opened, Page 10 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER TITLE DEBT SERVICE MANAGEMENT 403 07 read, and tabulated before the City Council The date advertised for opening of the bids shall be not less than 30 days from the date ofpubhcatlon" C Certificates of Obhgatlon Certificates of Obhgatlon may be issued to finance permanent improvements and land acquisition, the need for which arose between bond elect~ons In addition, they may also be used to finance costs associated with capital project overruns or to aeqmre eqmpment In accordance with state law, a resolution authorizing pubhcatlon of notice of intent to issue Certffieates of Obligation shall be presented for the consideration of the C*ty Council The notice of intent shall be published in a newspaper of general e,rculatlun m the City once a week for two conseeut, ve weeks with the first publication to be at least fifteen (15) days pnor to the sale date Certificates of obhgataon may be backed by a tax pledge under certmn mrcumstanees as defined by law They may also be backed by a combination tax and revenue pledge ehglble under state law Some revenues are restricted as to the uses for which they may be pledged Electric, Water, Wastewater, and Solid Waste revenues may be pledged without limit for Electric, Water, Wastewater, and Sohd Waste purposes but may only be pledged up to $10,000 for non-utility system purposes D Public Property Finance Contractual Obligation Publ, c property finance contractual obhgatlons may be issued to finance the acqmsmon of personal property E Revenue Bonds In addition to the pohc,es set forth above, when cost~beneficml and when penu,tted under applicable ordinances, the City may consider the use of surety bonds, lines of credit, or similar ~nstrtmaents to satisfy mandated debt seivice fund requirements on outstandmg and/or proposed revenue bonds XIII REFUNDING AND RESTRUCTURING OPTIONS The City shall consider refundmg debt whenever an analysis indicates the potentml for present value sawngs of approximately 3 5% of the debt service being refunded or ~f beneficial to the C~ty In another way Page 11 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) ' REFERENCE NUMBER TITLE DEBT SERVICE MANAGEMENT 403 07 XIV. METHOD OF SALE A Competitive Sale When feasible and economical, obligations shall bc issued by compctmvc rather than negotiated sale Favorable conditions for a competitive method of sale include the following · The market is fanuhar with the issuer, and the issuer is a stable and regular borrower in the public market · An active secondary market with a broad investor base for the Issuer's bonds · The issue is neither too large to be easily absorbed by the market nor too small to attract investors without a concerted sales effort · The Issue is not mewed by the market as carrying overly complex features or reqmnng explanation as to the bonds' soundness · Interest rates are stable, market demand is strong, and the market is able to absorb a reasonable amount of buying or selling at reasonable price changes B Negotiated Sale Bonds Issued for the purpose of refunding and/or restmctunng outstanding debt may appropriately be sold on a negotiated bas~s when maximum flexibility is required m order for the City to respond to day-to-day nuances in the marketplace and other complications peculiar to the issuance of refunding debt Whenever the option exists to sell an issue on a negotiated basis, an analys~s of the options shall be performed to md m the decision-making process The City will present the reasons and will actively participate in the selection of the underwriter or direct purchaser In a negotiated sale, the underwriter may be selected through a request for proposals (RFP) or because of a relationship established by previous debt transactions The cntena used to select an underwriter in a negotiated sale should include the following · Overall experience · Marketing philosophy · Capability · Previous experience as managing or co-managing partner · Financial statement · Public finance team and resources · Breakdown of underwnter's discount Page 12 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER I TITLE DEBT SERVICE MANAGEMENT 403 07 C Pnvate Placement When cost-beneficial, the Cxty may privately place ~ts debt Since no underwriter partxclpates in a private placement, it may result m lower cost of ~ssuance Private placement ~s sometimes an option for small ~ssues The opportunity may be identified by the Fmancml Adwsur D Bldchng Parameters The notice of sale will be carefully constructed so as to ensure the best possible b~d for the City, m light of existing market conditions and other prevmhng factors Parameters to be examined include · L~mlts between lowest and h~ghest coupons · Coupon requirements relative to the yield curve · Method of underwriter compensation, discount, or premium coupons · Use of tree interest cost (TIC) versus net interest cost (NIC) · Use of bond insurance · Deep discount bonds · Variable rate bonds · Call provisions XV INVESTMENT OF BOND PROCEEDS A Strategy The City should actively momtor its ~nvestment practices to ensure maximum returns on its invested bond ftmds while complying with Federal arbitrage guidelines Specific investment strategies for the investment of bond proceeds are provided in the City's ~nvestment pohcy//408 04 B Arbitrage Compliance The City will follow a policy of full comphance w~th all arbitrage rebate requirements of the federal tax code and Internal Revenue Service regulations, and will perform 0ntemally or by contract consultants) arbitrage rebate calculations for each issue subject to rebate on an annual bas~s All necessary rebates will be filed and pa~d when due Page 13 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER TITLE DEBT SERVICE MANAGEMENT 403 07 C Arbitrage L~ab~hty Management The D~rector of F~scal Operations wall mmntmn a system for tracking arbitrage rebate habfl~ty and ensunng that reqmred calculations are performed on a t~mely bas~s These calculations will be performed annually Funds should be set aside m anticipation of potentml rebate habd~t~es Due to the complexity of the arbitrage calculations and regulatmns, and to the seventy of the penalties for noncomphance, the admce of Bond Counsel and quahfied experts wall be pursued on an ongoing bas~s D All bond proceeds will be separately accounted for ~n the financml accotmt~ng system to facilitate arbitrage tracking and reporting Arbitrage rebate habthty reports shall be generated sem~-annually and submitted to the Investment Committee and to the Debt Management Committee for review Page 14 o/'19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER TITLE DEBT SERVICE MANAGEMENT 403 07 GLOSSARY Amortization - The planned reduction of a debt obligation according to a stated maturity or redemption schedule .4rbttrage - The gmn wbaeh may be obtained by borrowing funds at a lower (often tax-exempt) rate and investing the proceeds at higher (often taxable) rates The ability to earn arbitrage by issuing tax-exempt securities has been severely curtailed by the Tax Reform Act of 1986, as amended Average ~Ltfe - The average length of time debt is expected to be outstanding Basts Potnt- One one-hundredth of one percent (0 0001) BBI- Bond Buyer Index Comparison of current rates for various maturities Bid Form - The document used by an underwriter to submit his b~d at a competitive sale Bond - A security that represents an obligation to pay a specified amount of money on a specific date in the future, typically with peno&e interest payments Bond Counsel - An attorney (or firm of attorneys) retmned by the issuer to give a legal opinion coneemmg the validity of the securities The bond counsel's opinion usually addresses thc subject of tax exemption Bond counsel may prepare, or review and advise the issuer regarding authorizing resolutions or ordinances, trust indentures, official statements, vahdat~on proceedings and litigation Bond Insurance - Bond insurance is a type of credit enhancement whereby a monohne insurance company mdemmfies an ~nvestor against a default by the ~ssuer to pay pnne~pal and interest ~n-full and on-t~me Once assigned, the mumc~pal bond insurance pohey generally ~s irrevocable The ~nsurance company receives an up-front fee, or premium, when the policy is ~ssued Book-Entry-Only - Bonds that are issued in fully-regmtered form but without certificates of ownerstup The ownership ~nterest of each actual purchaser is recorded on computer Bond Years - $1,000 of debt outstanding for one year used to compute average life and net interest cost Call Option - The right to redeem a bond prior to ~ts stated maturity, either on a given date or continuously The call option is also referred to as the optional redemption provision Capital Appreciation Bond- A bond without current interest coupons that is sold at a substantial &scount from par Investors are prowded with a return based upon the accretion of value in the bond through maturity Page 15 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER TITLE DEBT SERVICE MANAGEMENT 403 07 Capttal Lease - The acqmslt~on of a capital asset over time rather than merely paying a rental fee for temporary use A lease-purchase agreement, m whmh prows~on is made for transfer of ownerstup of the property for a nominal price at the scheduled termination of the lease, m referred to as a capatal lease Closmg - When bonds are exchanged for money (a/k/a dehvery or settlement) Commercial Paper (Tax-ExempO - By convention, short-term, unsecured promissory notes ~ssued m e~ther registered or bearer form w~th a stated maturity of 270 days or less Competitive Sale - A sale of securities m whmh the securities are awarded to the b~dder who offers to purchase the ~ssue at the best price or lowest cost Coupon Rate - The mterest rate on specffic maturities ora bond ~ssue While the term "coupon" derives from the days when mrtually all mumc~pal bonds were m bearer form w~th coupons attached, the term ~s still frequently used to refer to the ~nterest rate on different maturities of bonds m regmtered form Cover Btd- The runner-up m a competitive bond sale Credit Enhancements - Credit enhancements are mechamsms whmh guarantee pnnc~pal and interest payments They include bond insurance and a line or letter of credit A credit enhancement, wlule costly, w~ll usually bnng a lower interest rate on debt and a higher ra~;mg fi:om the rating agenmes, thus lowenng overall costs Cost effectiveness of credit enhancement w~ll be evaluated for each debt ~ssue CUSIP Number - The term CUSIP ~s an acronym for the Committee on Uniform Securities Identfficatmn Procedures An ~dentfficat~on number ~s ass~gued to each maturity of an ~ssue, and ~s usually pnnted on the face of each individual certfficate of the issue The CUSIP numbers are intended to help facd~tate the ~dentfficat~on and clearance of mlmiclpal securities As the mumc~pal market has evolved, and the new derivative products are devised, the ~mportance of the CUSIP system for ~dentfficat~on purposes has mcreased Dated Date - A defined date at whmh interest begins to accrue fi:om Debt Burden - The ratio of outstanding tax-supported debt to the market value of property w~th~n a junsdmt~on The overall debt burden ~ncludes a junsdlct~on's proportionate share of overlapping debt as well as the mumclpahty's d~rect net debt Debt Ltmttatton- The maximum amount of debt that ~s legally permitted by a junsdmt~on's charter, constitution, or statutory reqmrements Page 16 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER TITLE DEBT SERVICE MANAGEMENT 403 07 Debt Servwe - The mount necessary to pay pnnclpal and ~nterest requirements on outstanding bonds for a g~ven year or series of years Debt Service Reserve Fund - The fund ~nto winch moneys are placed which may be used to pay debt service ff pledged revenues are msuffiment to satisfy the debt service requirements The debt service reserve fund may be entirely funded with bond proceeds, or it may only bel partly funded at the ttme of the ~ssuance and allowed to reach ~ts full funding reqmremant over t~me, due to the accumulation of pledged revenues If the debt servme reserve fund ~s used ~n whole or part to pay debt servme, the ~ssuer usually ~s reqmred to replemsh the funds from the first avmlable funds or revenues A typical reserve reqmrement m~ght be the maximum aggregate annual debt servme reqmrement for any year remalmng until the bonds reach maturity The size of the reserve fund, and the manner m winch ~t ~s ~nvested, may be subject to arbitrage regulations Default - The fmlure to pay pnnmpal or interest m full or on t~me An actual default should be d~stmgmshed from techmcal default The latter refers to a fmlure by an ~ssuer to ab~de by certmn covenants but does not necessardy result in a fmlure to pay pnnc~ple or ~nterest when due Defeasance - Prowdlng for payment of pnnmpal of premium, if any, and ~nterest on debt through the first call date or scheduled pnnmpal maturity ~n accordance with the terms and reqmrements of the instrument pursuant to winch the debt was issued A legal defeasance usually ~nvolves estabhsinng an ~rrevocable escrow funded w~th only cash and U S government obhgat~ons Deposttory Trust Company (DTC) - A hmlted purpose trust company organized under the New York Banking Law DTC facd~tates the settlement of transactions ~n mumc~pal securities Downgrade - A reductmn ~n crecht rating EnterpriseActtvtty-Arevenue-generatlngproJectorbumness The project often prowdes funds necessary to pay debt servme on securities issued to finance the fatality The debts of such projects are self-hqmdatmg when the projects earn sufficient monies to cover all debt servme and other reqmrements imposed under the bond contract Common examples ~nclude water and sewer treatment famhties and utlhty fac~ht~es Final Official Statement (FOS) - A document pubhshed by the issuer winch generally discloses material lnformat~on on a new lasue of municipal securities ~ncludmg the purposes of the Issue, how the securities will be repmd, and the finanmal, economic and somal characteristics of the ~ssumg government Investors may use tins lnformatmn to evaluate the credit quality of the securities Page 17 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER TITLE DEBT SERVICE MANAGEMENT 403 07 Flow of Funds - The order in which pledged revenues must be disbursed, as set forth in the trust indenture or bond resolution In most instances, the pledged revenues are deposited into a general collection account or revenue fund as they are received and subsequently transferred into the other accounts established by the bond resolution or trust indenture The other accounts provide for payment of the costs of debt service, debt service reserve deposits, operation and maintenance costs, renewal and replacement, and other requirements General Obhgatton Debt- Debt that is secured by a pledge of the ad valorem taxing power of the issuer Also known as a full froth and credit obligation Good Faith Deposit - A sum of money given by the Underwriter to assure his bid Instttuttonai Buyer - Banks, financial institutions, insurance companies, and bond funds Issuance Costs - The costs incurred by the bond issuer dunng the planning and sale of securities These costs include but are not hmlted to financial advisory and bond counsel fees, pnntmg and advertlsmg costs, rating agencies fees, and other expenses incurred in the marketing of an issue Juntor Lien Bonds - Bonds wbach have a subordinate claim against pledged revenues Letter of Credit - Bank credit facility whereby a bank will honor the payment of an issuer's debt, lnlthe event that an issuer is unable to do so, thereby providing an additional source of security for bondholders for a predetermmed period of time A letter of credit often is referred to as an L/C or an LOC Letter of Credit can be issued on a "stand-by" or "direct pay" basis Level Debt Service - When annual payments are substantially the same each year Ltne of Credit - Bank credit facility wherein the bank agrees to lend up to a maximum amount of funds at some date in the future in return for a commitment fee Manager,- The member (or members) of an underwriting syndicate charged with the primary responslblhty for conducting the affturs of the syndicate The managers take the largest underwntmg commitment Lead Manager or Senior Manager The underwriter serving as head of the syndicate The lead manager generally handles negotiations in a negotiated underwriting of a new issue of municipal securities or directs the process by which a bid is determined for a competitive underwriting The lead manager also is charged with allocating secuntms among the members of the syndicate in accordance with the terms of the syndicate agreement or agreement among underwriters Page 18 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER TITLE DEBT SERVICE MANAGEMENT 403 07 Joint Manager or Co-Manager Any member of the management group Muntetpal Secunttes Rulemaktng Board (MSRB) - A self-regulat~ng orgamzat~on estabhshed on September 5, 1975 upon the appointment of a 15-member Board by the Securities and Exchange Agreement The MSRB, comprised of representatives from investment banking firms, dealer bank representatives, and pubhc representatives, ~s entrusted w~th the responsth~hty of writing rules of conduct for the mumc~pal securities market New Board members are selected by the MSRB pursuant to the method set forth m Board rules Negottated Sale - A sale of securities ~n wluch the terms of sale are determined through negotmt~on between the ~ssuer and the purchaser, typmally an underwriter, w~thout competitive bidding Net Interest Cost - The average interest cost of a bond msue calculated on the bas~s of s~mple interest Paying Agent - An agent of the ~ssuer with respons~blhty for t~mely payment of pnnmpal and ~nterest to bond holders Prehmmary Offlctal Statement (POS) - The POS ~s a prehmmary vermon of the offieml statement whmh ~s used by an ~ssuer or underwriters to describe the proposed ~ssue of mumelpal securities prior to the determmatmn of the interest rate(s) and offenng prices(s) The prehmmary offimal statement, also called a "red hemng", often m examined upon by potentml purchasers prior to making an investment decision Present Value - The value of a future amount or stream of revenues or expenditures m current dollars Refunding - An advance refumhng ~s a refunding that occurs more than 90 days before the call date of the refunded bonds A current refunding ~s a process of selhng a new ~ssue of securities to obtmn funds needed to retire ex~st~ng securities Debt refunding is done to extend maturity and/or to reduce debt service cost Retail B~er - Imhwdual ~nvestors Revenue ~Bond - A bond whmh ~s payable from a specffic source of revenue and to which the full froth and credit of an ~ssuer w~th taxing power ~s not pledged Revenue bonds are payable from ldentffied sources of revenue, and do not permit the bondholders to compel a junsdmt~on to pay debt service from any other source Pledged revenues often are derived from the operation of an enterprise act~wty Generally, no voter approval ~s reqmred prior to msuance of such obhgatmns Secondary Market - The market ~n whmh bonds are sold after their tmtml sale ~n the new ~ssue market Page 19 of 19 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) ~ REFERENCE NUMBER TITLE DEBT SERVICE MANAGEMENT 403 07 Semor Lten Bonds - Bonds hawng a prior, or first clmm on pledged revenues Serial Bonds - A bond msue in which the pnnc~pal is repaid in periodic installments over the lssue's hfe Spht ratmgs - Different rating levels from different rating agencies Surety Bond- A bond guaranteeing performance of a contract or obhgat~on Term Bonds - Term bonds usually refer to a partmularly large maturity of a bond issue that is created by aggregating a series of maturities A provision m often made for the mandatory redemption of spemfied amounts of pnnmpal dunng several years prior to the stated maturity, whmh effectively simulates serial bonds True Interest Cost (TIC) - An express~on of the average interest cost in present value terms The true interest cost is a more accurate measurement of the bond lssue's effective interest cost and should be used to ascertmn the best bid in a competitive sale Variable Rate Bond - A bond on whmh the interest rate ~s reset peno&cally, usually no less often than sem~-annually The ~nterest rate ~s reset either by means of an auction or through an index Upgrade - An ~nerease m credit rating FILE REFERENCE FORM R2000-065 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. R2001-072 12/18/01 JR Amended by Resolution No. R2002-055 12/10/02 JR Amended by Resolution No. R2004-008 02/03/04 JR Amended by Resolution No. R2005-008 02/22/05 JR Amended by Resolution No. R2005-047 11/15/05 JR Amended by Resolution No. R2006-043 12/19/06 JR Amended by Resolution No. R2007-028 09/25/07 JR Amended by Resolution No. R2008-009 03/04/08 JR Amended by Resolution No. R2009-006 03/03/09 JR Amended by Resolution No. R2009-028 11/03/09 NOTE Amended by Resolution No. R2001-072 RESOLUTION NO ff~O~~~ A RESOLUTION REVIEWING AND ADOPTING THE iNVESTMENT POLICY FOR FUNDS FOR THE CITY OF DENTON, DESIGNATING AN INVESTMENT OFFICER, PROVIDING A SAVINGS AND A REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council passed Resolution No 96-061 on October 15, 1996, winch adopted an Investment Policy for Funds for the City, in compliance with the Public Funds Investment Act, 74th Leg, ch 402, 1995 Tex Sess Law Sen, 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 City Council on December 16, 1997, the Cxty's Investment Policy was amended, and WHEREAS, by Resolution No 98-067, passed by the C~ty Council on December 15, 1998, the City's Investment Policy was reviewed and adopted, and WHEREAS, by Resolution NO 99-047, passed by the City Council on September 21, 1999, the City's Investment Policy was amended, and WHEREAS, the City Council desires to review the Investment Policy for compliance to the Public Funds Investment Act, TEX GOV'T CODE ch 2256, by the 76th Legislature, NOW, THEREFORE, THE COIfNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the C~ty Council has reviewed the attached City of Denton Investmem Policy, which contains the investment policies and strategies and hereby adopts the attached Investment Policy with the recommended changes to the policy from the one adopted on September 21, 1999 S]~CTION 2 That the Assistant City Manager of Fiscal and Municipal Services ~s hereby das~gnated as the chief financial officer for the City and the Director of Fiscal Operations is hereby designated as the City's investment officer to perform the functions required of her/him IThe financial officer is hereby anthonzed to perform the functions required of her/inm under theIInvestment Pohcy and in accordance with TEX GOV'T CODE ch 2256 SECTION 3 That all ordmanees or parts of ordinances in force when the provm~ons of this resolution became effective winch are inconsistent or in conflict with the terms or provisions contmned In tins resolution are hereby repealed to the extent of any such conflict only The non- conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect SECTION 4 That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Resolution No 96-061, Resolution No 97-026, Resolution No 97-077 and Resolution No 98-067 shall remain in full force and effect SECTION 5 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED thls the ~-- day of ~~ ,2000 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Resolut~ons\00\Investment Pohcy Review doc CITY OF DENTON Fage l ofl4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION FINANCE POLICIES REFERENCE NUMBER 408 04 INITIAL EFFECTIVE DATE SUBJECT INVESTMENTS 02/17/87 LAST REVISION DATE TITLE INVESTMENT POLICY 06/97 9/99 11/97 I PURPOSE Th~s pohcy shall provide the guldelmes by which the C~ty of Denton "C~ty" w~ll maintain the m~nlmum amount of cash m ~ts bank accounts to meet dally needs, and to prowde protection for ~ts principal and hqmd~ty wh~le rece~wng the highest y~eld possible from investing all temporary excess cash This pohcy serves to satisfy the statutory reqmrements of defimng and adoptmg a formal ~nvestment pohey The pohcy and strategy shall be rewewed annually by the Investment Committee and C~ty Council who w~ll formally approve any modifications Th~s ~nvestment pohcy as approved, is m comphanee w~th the provisions 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 Pohcy apphes to the ~nvestment act~wt~es of the City of Denton, Texas The specific funds c~ted hereafter in Section IIB, shall be excluded from th~s Investment Pohcy JAil financial assets of all funds, meludmg the General Fund and any other accounts of the C~ty not specifically excluded m these pohcy gmdehnes are included These funds are accounted for m the C~ty's Comprehensive Annual Financial Report (CAFR)] These funds, as well as funds that may be created from t~me-to-t~me, shall be administered ~n accordance with the provisions of these pohc~es All funds will be pooled for investment purposes The strategy developed for this pooled fund group wall address the varying needs, goals, and ob.~eetlves of each fund B Th~s pohey shall not govern funds, which are managed under separate ~nvestment programs in accordance w~th Section 2256 004 of the Act Such funds currently ~nclude, Employees' Retirement Fund of the City of Denton, the F~remen's and Pohcemen's pension Funds of the C~ty of Denton, other funds estabhshed by the City for deferred employee compensation, revenue bond reserve funds, and certmn private donations The C~ty shall and wdl mmnta~n respons~b~hty for these funds to the extent reqmred by Federal and State Law, the C~ty Charter, and donor stipulations III INVESTMENT OBJECTIVE & STRATEGY It ns the pohcy of the "C~ty" that, g~wng due regard to the safety and risk of investment, all available funds shall be invested ~n conformance w~th State and Federal Regulations, apphcable Bond Resolution reqmrements, adopted Investment Pohcy and adopted Investment Strategy Page 2 of 2 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 In avcordance with the Pubhc Funds Investment Act, the following prioritized objectives (m order of importance in accordance with Section 2256 005(d) of the Act), apply for each of the City's investment strategies A Sultabihty - Understanding the suitability of the investment to the financial requirements of the City Any investment ehglble in the Investment Policy is suitable for all City funds B Safety - Preservation and safety of principal All investments will shall be of high quahty securities with no perceived default risk Market price fluctuations will however occur, by managing the weighted average days to maturity for each fund type as specified C L~qmdtty - To enable the City to meet operating requirements that might be reasonably anticipated, the City's investment portfolio will remain sufficiently hquld Llqmdlty shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securmes with active secondary markets Short-term investment pools and money market mutual funds provide daily liquidity and may be utlhzed as a competitive yield alternative to fixed maturity investments D Marketabthty- Securities with 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 particular security-type of less than a quarter of a percentage point shall define an efficient secondary market E Diverst, ficatton - Investment maturities shall be staggered throughout the budget cycle to provide cash flow based on the anticipated needs of the City Diversifying the appropriate maturity structure will reduce market cycle risk F YteM- Attaining a competitive market yield for comparable security-types and portfolio restrictions are the desired objective The yield of an equally weighted, rolling sm-month treasury bill portfolio shall be the minimum yield objective or "benchmark" A secondary objective will be to obtain a yield equal to or in excess of a local government investment pool, money market mutual fund or average Federal Reserve discount rate The first measure of success in this area will be the attainment of enough income to offset inflationary increases Even though steps will be taken to obtain this goal, the City's staff shall constantly be cognizant of the standard of care and the investment objectives pursuant to the provisions of the amended Act, Section 2256 006(a) The Director of Fiscal Operations shall avoid any transactions that might impair public confidence m the City's abihty to govero effectively The governing body recogmzes that in diversifying the portfolio, occasional measured losses due to market volatility are inevitable, and must be considered within the context of the overall portfoho's investment return, provided that adequate diversification has been ~mplemented The prudence of the investment decision shall be measured in 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 varying cash flow requirements and liquidity needs Therefore specific strategies shall be implemented considering the fund's unique requirements and the following shall Page 3 of 3 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 C~ty's funds shall be analyzed and ~nvested according to the followmg major fund types A Operating Funds - Investment strategies for operating funds and commingled pools contamlng operating funds have as their primary obJective to assure that anticipated cash flows are matched w~th adequate ~nvestment hqu~d~ty The secondary obJective ~s to structure a portfoho, which will minimize volatd~ty during economic cycles Th~s may be aecomphshed by purchasing high quahty, short-term securities, which w~ll compbment each other m a laddared maturity structure A dollar weighted average maturity of 365 days or less will be mmntalned and calculated by using the stated final maturity date of each security B Debt Serwce Funds - Investment strategies for debt serwce funds shall have as the primary obJective the assurance of ~nvestment hquld~ty adequate to cover the debt service obhgation on the reqmred payment date Securities purchased shall not have a stated final maturity date, which exceeds the debt service 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 Servtce Reserve Funds - Investment strategies for debt serwce reserve emergency and contingency funds shall have as the primary objective the abd~ty to generate a dependable revenue stream to the appropriate fund from securities wxth a Iow degree of volatthty Securities should be of high quahty and, except as may be reqmred by the bond orthnance specific to an individual issue, of short to mtermedmte-term maturities w~th stated final matur~txes not exceeding five (5) years Volatility shall be further controlled through the purchase of securities carrying the h~ghest coupon available, w~th~n the desired maturity and quahty range, w~thout payxng a premium, ff at all possible Such securities will tend to hold their value during economic cycles D Constructton and Spectal Purpose Funds - Investment strategies for construction projects or special purpose fund portfohos will have as their primary objective to assure that anticipated cash flows are matched with adequate mvestment hqu~d~ty These portfohos should include at least 10% m h~ghly hqmd securities to allow for flex~bfitty and unantic~pated project outlays The stated final maturity dates of securities 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 pubhc fund investments w~ll be obtained and momtored through the use of Interactive Data Inc, an on-hne data service or a slmdar quahfied successor agency V INVESTMENT COMMITTEE Members - There is hereby created an Investment Commntee consisting of the C~ty Manager, Assistant City Manager of Finance, D~rector of F~seal Operations, Mayor, and one member of the C~ty Councd Scope - The Investment Committee shall meet at least quarterly to determme general strategies and to momtor results Included ~n ~ts dehberat~ons wdl be such top,es as economic outlook, portfuho Page 4 of 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 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 for minutes of 1ts 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 procedures VI RESPONSIBILITY AND STANDARD OF CARE A Delegatton& Training - The management responsibility for the investment program is hereby delegated to the Assistant City Manager of Fmance, who shall estabhsh written procedures for the operation of the investment program, consistent w~th this investment policy Such procedures shall include exphc~t delegation of authority to the mdiwdual(s) responsible for mvestment transactions The primary individual who shall be involved m investment activities will be the Director of Fiscal Operations The Cash & Debt Administrator will have a support role The Assistant City Manager of Finance and Director of Fiscal Operations are designated as investment officers, pursuant to section 2256 005 subsectmn f of the Act Accordingly, the investment officers, who shall be the chief financial officer and the ~nvestment officer of the City for the purposes of Section 2256 008 of the Act, shall attend at least one training session relating to their responsibility under the Act within 12 months after assuming duties These sessions and additional investment trammg sessions must be completed no less often than once every two fiscal years commencing September 1, 1997 and these financial officers shall receive not less than 10 hours of instruction relating to Investment respons~bd~tles The traimng must include education in investment controls, security r~sks, strategy risks, market risks, and comphance w~th the Public Funds Investment Act The investment training session shall be provided by an independent source approved by the investment committee For purposes of th~s pohcy, an "~ndepandent source" from which investment tralmng shall be obtained shall include a professional orgamzatlon, an institute of higher learning or any other sponsor other than a Business Organization w~th whom the City of Denton may engage in an investment transaction Thus, these independent sources will be training sessions sponsored by Government Treasurers Organization of Texas (GTOT), Umvers~ty of North Texas (UNT), Government Finance Officers Assocmtlon of Texas (GFOAT) No persons may engage in investment transactions except as prowded under the terms of this policy and the procedures established by the Assistant City Manager of F~nance The Assistant City Manager of Finance shall be responsible for all transactions undertaken, and shall establish a system of control to regulate the activities of the Director of F~scal Operations The controls shall include a quarterly process of independent review by an lnd~wdual or firm designated by the Assistant City Manager of Finance, and an annual review by an external and~tor The rewews will provide internal control by assuring compliance with policies and procedures The Assistant City Manager of Finance, Director of F~scal Operations, Mayor, City Council, City Manager and other Finance employees shall be personally indemnified in the event of ~nvestment loss prowded the Investment Policies and Guldehnes are followed B Confltcts of Interest- All participants in the investment process shall seek to act responsibly as custodians of pubhe assets Officers and employees involved in the investment process shall refrain from personal bus~ness activity that could conflict with proper execution of the investment program, or which could impair their abdity to make ~mpartial investment decisions Page 5 of 5 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 C Dtsclosure- Anyone involved in investing City funds shall file with the Assistant City Manager of Finance and the Investment Committee a statement disclosing any personal business relationship and any material financial interest in a business organization that handle City of Denton investments An investment officer has a personal business relationship with a business organization if 1 The investment officer owns 10% or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization, 2 Funds received by the investment officer from the business organization exceed 10% of the investment officers gross income for the prior year, or 3 The investment officer has acquired from the business organization during the prior year investments with a book value of $2,500 or more for the personal account of the investment officer Any investment officer who Is related within the second degree by affinity or consanguinity as determined under the Tex Gov't Code Ann Ch 573 to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship with the City Council and the Texas Ethics Commission D Prudence - The standard of prudence to be used by the investment officials shall be the "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 circumstances then prevailing - which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived" Investment officials acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibilities for an individual security's credit risk or market price change, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments E Reportmg Monthly - The Director of Fiscal Operations shall submit monthly an investment report, to the Investment Committee, that summarizes recent market conditions, economic developments and anticipated investment conditions The report shall summarize the investment strategies employed, describe the portfolio in terms of investment securities, maturities, risk characteristics and other features The report shall include total investment return to date and compare the return with budgetary expectations or projections Page 6 of 6 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE REFERENCE NUMBER INVESTMENT POLICY 408 04 Quarterly - The D~rector of F~scal Operations shall prepare and present to the Investment Committee and C~ty Council a written report on the C~ty's ~nvestment transactions for the preceding reporting per~od The report shall 1) describe m detail the investment position of the C~ty as of the end of the reporting period, 2) prepared jmntly by all tnvestment officers, 3) s~gned 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 during the period, c) ending market value for thepertod, and d) fully accrued interest for the reporting period The summary statement for each fund group must be prepared m comphance with Generally Accepted Accounttng Principles (GAAP) 5) State the book value and market value of each separately ~nvested asset at the beginning and end of the reporting period by type of asset and fund type ~nvested, 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 lnd~vtdual investment was acqmred, and 8) state the comphance of the investment portfolio of the C~ty as it relates to the ~nvestment strategy of the C~ty and w~th relevant provisions of the Tex Gov't Code ch 2256 Annually - W~thm mnety (90) days of the end of the Fiscal Year, the D~rector of F~scal Operations shall present a comprehensive annual report to the C~ty Council on the ~nvestment program and investment act~wty The annual report shall prowde a separate quarterly comparison of returns and suggestions for ~mprovements that m~ght be made m the ~nvestmant program The City Cotmcll shall rewew 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 Audtt- The City's external, independent auditor will conduct an annual rewew of the quarterly reports m conjunction w~th the annual financial audit The results of the audit will be reported to City Council upon recetpt The andlt wall review comphance w~th management control on tnvestments and adherence to th~s pohcy F The guldehnes of retaining records for seven years as recommended m the Texas State Ltbrary Muntctpal Records Manual should be followed The D~rector of F~scal Operations shall oversee the fihng and/or storing of investment records VII SUITABLE AND AUTHORIZED INVESTMENT SECURITIES A Active Portfoho Management - The C~ty intends to pursue an active versus a pass~ve investment management philosophy That is, secure,es may be sold before they mature ~f market conditions present an opportunity for the City to benefit from the trade (Subsectmn E) Page 7 of 7 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 B .4uthortzed Investments (-Per HB 2459 andSect~ons 2256 009 through 2256 O17 of the AcO - Assets of funds of the government of the City of Denton may be invested ~n 1 Obhgat~ons of the Umted States of America, its agencies and ~nstrumentahty's (maturing m less than five (5) years, which have a hqu~d market w~th a readdy detenmnable market value, 2 Investment - grade, d~rect obhgat~ons of the State of Texas (maturing m less than two (2) years), 3 Obhgat~ons of the States, agencies thereof, Counties, C~t~es, and other poht~cal subd~ws~ons of any state hawng been rated as ~nvestment quahty by a nationally recogmzed ~nvestment rating firm, and hawng received a rating of not less than "AA" or its equtvalent (maturing m less than two (2) years), 4 Fully insured or collaterahzed Certificates of Deposit's ~ssued by state and national banks or sawngs bank or a state or federal credtt umon, dom~cded ~n Texas, guaranteed or insured by the Federal Deposit Insurance Corporation or ~ts successor or the National Cretht Umon Share Insurance Fund or ~ts successor, secured by obhgat~ons described m 1 through 3 above, and that have a market value of not less than the principal amount of the certificates but excluding those mortgage backed securities as described m the Tex Gov't Code Sec 2256 009(b) (maturing m less than one (1) year), 5 Fully collater~zed threct repurchase agreements (whose underlying purchased securities consxst of the foregoing) w~th a defined termination date secured by obhgat~ons of the Umted States or its agencies and mstrumentahty's pledged with a third party, selected and approved by the C~ty through tts D~rector of F~scal Operations, other than an agency for the pledgor and deposited at the t~me the ~nvestment ~s made w~th the C~ty Repurchase agreements must be purchased through a primary government securmes dealer, as defined by the Federal Reserve, or a bank dom~cded m Texas Each ~ssuer of repurchase agreements must s~gn a copy of the C~ty's Master Repurchase Agreement (termination date must be 30 days or less), 6 Commercial paper that has a stated maturity of 270 days or less from the date of ~ssuance and Is rated A-1 or P-1 or an eqmvalent rating by at least two nationally, recogmzed rating agancxes 7 a Pubhc Fund Investment Pools with a wetghted average maturity of 90 days or less The pool must be approved (by resolution) by the C~ty Council to provide services to the City The pool must be continuously rated no lower than AAA or AAA-m or at an eqmvalent rattng by at least one nationally recognized rating service A pubhc funds ~nvestment pool created to function as a money market mutual fund must mark to market dally and, stab~hze at a $1 net asset value b To be ehgible to receive funds from and mvest funds on behalf of an entity under th~s chapter, an investment pool must furnish to the investment officer or Page 8 of 8 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE REFERENCE NUMBER INVESTMENT POLICY 408 04 other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following reformation (1) the types of investments m which money is allowed to be mvested, (2) the maximum average dollar-weighted maturity allowed, based on thc stated maturity date, of the pool, (3) the maximum stated maturity date any investment security within the portfolio has, (4) the objectives of the pool, (5) the size of the pool, (6) the names of the members of the advisory board of the pool and the dates their terms expire, (7) the custodian bank that will safekeep the pool's assets, (8) whether the lntant of the pool is to mamtam 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 mdcpendent auditor of the pool, (11) the requirements to be satisfied for an entity to deposit funds In and withdraw funds from the pool and any deadhnes or other operating policies required for the entity to revest funds m and withdraw funds from the pool, and (12) the performance history of the pool, including yield, average dollar- weighted maturmes, and expense raUos c To maintain ehglbfllty to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furmsh to the investment officer or other authorized representative of the entity (l) investment transaction confirmations, and (2) a monthly report that contains, at a mlmmum, the following reformation (A) the types and percentage breakdown of securities in which the pool is invested, (B) the current average dollar-weighted maturity, based on the stated maturities of the pool, (C) the current percentage of the pool's portfolio in investments that have stated maturities of more than one year, (D) the book value versus the market value of the pool's portfoho, using amortized cost valuation, (E) the size of the pool, (F) the number ofpamclpants in the pool, (G) the custodian bank that is safekeeping the assets of the pool, (H) a listing of daily transaction activity of the entity participating in the pool, (I) the yield and expense ration of the pool, (J) the portfolio managers of the pool, and (K) any changes or addenda to the offering circular Page 9 of 9 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 8 An SEC-registered, no load money market mutual fund which has a dollar weighted average stated maturity of 90 days or less whose assets consist exclusively of the assets described m section B I and whose investment objectives ~ncludes the maintenance of a stable net asset value of $1 for each share Furthermore, It prowdes the C~ty w~th a prospectus and other mformat~on required by the SEC Act of 1934 or the Investment Adv~sor Act of 1940 and which prowdes the C~ty w~th a prospectus and other mformat~on reqmred 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 obhgatlons which are authorized by the Act as approved by C~ty Council upon recommendation of the Investment Commntee C Prohlbtted Investments - The C~ty's authorized investment options are more restr~cUve than those allowed by State law Furthermore, th~s pohcy specifically prohibits ~nvestment in the following mvestment securities 1 Obhgat~ons whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal 2 Obhgat~ons whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no ~nterest 3 Collaterahzed mortgage obhgatlons that have a stated final maturity date of greater than 10 years 4 Collaterahzed mortgage obhgat~ons the interest rate of which ~s determined by an mdex that adjusts opposite to the changes m a market ~ndex D Dlverstficatton- It is the pohcy of the C~ty to d~verslfy ~ts investment portfohos The dlvars~ficat~on wall protect interest income from the volat~hty of ~nterest rates and the avoidance of undue concentration of assets m a specific maturity sector, therefore, portfoho maturities shall be staggered Securities shall also be selected and revised per~othcally by the Investment Committee In estabhshlng specific d~vers~fleatlon strategies, the two (2) following general pohc~es and constrmnts shall apply 1 Rask of market price volatd~ty shall be controlled through maturity d~vers~ficat~on and by eontrolhng unacceptable maturity extensluns and a m~smatch of hab~ht~es and assets The maturity extenslun w~ll be controlled by hmmng the weighted average maturity of the entire porffoho to 550 days All long-term maturities w~ll be intended to cover long-term hab~ht~es In addition, five (5%) percent of the funds m the porffoho w~ll be hqmd at all t~mes 2 The Investment Commxttee shall estabhsh strategies and gu~dehnes for the percentage of the total portfoho that may be invested ~n U S Treasury Securities, federal agency instrumentaht~es, repurchase agreements, and ~nsured/collaterhzed certificates of deposit and other securities or obhgat~ons The Investment Committee shall conduct a Page 10 of 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 quarterly review of these gmdehnes, and shall evaluate the probabihty of market and default risk m various ~nvestmant sectors as part of its consideratmns 3 Rxsk of prmc~pal loss ~n the portfolio as a whole shall be mlmm~zed by diversifying investment types according to the following limitations Investment T~pe % of Portfolio * U S TreasuryNotes/Bflls 100% · U S Agencies & Instrumentalities 100% · State of Texas Obhgat~ons & Agencies 15% · Local Government Investment Pools 50% · Local Government Obligations (AA) 10% · Repurchase Agreements 25% · Certificates of Deposit 100% · U S Government Money Market Funds 50% · U S Treasury Notes & U S Agency Callables 25% 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 rote another Is acceptable to ~ncrease yield, reahgn for disbursement dates, extend or shorten maturity dates and improve market sector diversification Swaps may be ~nltmtad by brokers/dealers who are on the City's approved list A horizon analysis is reqmred for each swap prowng benefit to the City before the trade decision is made, which will accompany the investment file for record keeping F All mvostments (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 basis or on a ganeral basts m the form of guldehnes These gmdehnes shall take mto consideration the investment type maturity date, amount, and potentml disruptiveness to the C~ty's investment strategy The ~nvestment will be made with the broker/dealer offenng the best y~eld/quahty to the City The quotes may be accepted orally, in writing, electronically, or any combination of those methods G Arbitrage - Due to the bond ~ssuance sizes of which the Cxty incurs on a regular basis, arbitrage should be addressed The Tax Reform Act of 1986 provided hmitations restricting the City's investing of tax- exempt General Obhgat~on Bond proceeds and debt service income New arbitrage rebate prows~ons reqmre that the C~ty compute earnings on investment from each issue of bonds on an annual basis to determine if a rebate is required To determine the City's arbitrage pos~t~on, the City is required to perform specffic calculations relatwe to the actual yield Page 11 ofll POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 earned on the investment of the funds and the yield that could have been earned ~fthe funds had been invested at a rate equal to the y~eld on the bonds sold by the City The rebate provision states that periodically (not less than once every five years, and not later than sixty days after maturity of the bonds), the City is reqmred to pay the U S Treasury a rebate of excess earnings based on the City being m a posltlve arbitrage poslt~on The Tax Reform restrictions require extreme precision m the momtormg and recording facets of investments as a whole, and particularly as relates to yields and computations so as to msare compliance Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance The City's investment position relative to the new arbitrage restrlctmns ~s the continued pursuit of maximizing yield on apphcable investments while msurmg the safety of capital and hqmdlty It is a fiscally sound position to continue maxun~zation of yield and rebate excess earnings, if necessary VIII. SELECTION OF BANKS AND DEALERS A Deposltory - City Council shall, by or&nance, "select and designate one or more banking lnst~tutmns as the depository for the momes and funds of the City" m accordance with the requirement of Tex Loc Gov't Code ch 105 The bank shall be selected primarily on "solvency and stability" and secondly, on rate of interest available The Director of Fiscal Operations shall conduct a comprehanslvc rewew of prospective depositories credit characteristics and financial h~story The bank shall be selected through a formahzed bidding process in response to the City's request for proposal (RFP) outhnmg all services reqmred The Investment Committee shall have the discretion to determine the time span for rebiddlng the banking services contract, however, a two year period will be the minimum length of time between btddmg with a 5 year maximum period Banks and sawngs and loans assocmtwns seeking to cstabhsh ehgtbihty for the City's competitive certificate of deposit purchase program, shall submit financial statements, evidence of Federal msarance and other information as required by the Director of Fiscal Operations B Investment Brokers/Dealers - The Investment Committee shall be responsible for adopting the hst of brokers and dealers of government securities Their selection shall be among only primary government securities dealers that report directly to the New York Federal Reserve Bank, unless a comprehanslve ared~t and cap~tahzatlon analysis reveals that other firms are adequately financed to conduct pubhc business The Investment Committee shall base its evaluatmn of security dealers and financial Institutions upon 1 Financial conditions, strength and capability to fulfill commitments, 2 Overall reputation with other dealers or investors, 3 Regulatory status of the dealer, 4 Background and expertise of the mdlwdual representatives Page 12 of 12 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 review this list of qualified brokers authorized to engage in investment transactions with the City Investment Officers shall not conduct business with any firm with whom public entitles have sustained losses on investments or whose name the Investment Committee has removed from an approved list C Compliance - A qualified representative from any firm offering to engage in investment transactions with the City is required to s~gn a written instrument This certifies that they have received and reviewed a written copy of the C~ty's Investment Pohey The firm must acknowledge that it has implemented reasonable procedures and controls m an effort to preclude investments between the City and the firm that are not authorized by the City's investment pobcy Approved brokers and dealers must complete Exhibit A and return it to the Director of Fiscal Operations The City's investment officer(s) may not transact business from a person who has not dehvered the required written instrument to the City D Diversification - To guard against default possibthtles under these conditions, and to assure diversification of bidders, business with any one issuer, or investment broker, should be hmlted to (40%) percent of the total portfoho at any point In time In this way, bankruptcy, receivership or legal action would not immobilize the City's abthty 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 the principal plus acerned interest less an amount insured by FDIC or FSLIC Evidence of proper collaterahzation in the form of original safekeeping receipts held in institution's trust department or at a third party institution not affiliated with the bank or bank holding company will be maintained in the office of the Director of Fiscal Operations all time The Assistant City Manager of Finance, Director of Fiscal Operations or other authorized City Representative will approve and release all pledged collateral Collateral will be reviewed monthly to assure the market value of the securities pledged exceeds investments and/or the related bank balances The Committee shall request additional collateral in the event they deem that their deposits and investments are not sufficiently protected by the pledged collateral B Safekeeping procedures shall be established by the Investment Committee which clearly define steps for gaming access to the Collateral should the City determine that the City's funds are in 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 securitJas as collateral Page 13 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE REFERENCE NUMBER INVESTMENT POLICY 408 04 1 FDIC and FSLIC insurance coverage 2 United States Treasuries & Agencies 3 Other securities as approved by the Investment Committee D Dehvery vs Payment - All transactions will be executed w~th authorized security dealers and financial institutions on a dehvery-versus-payment (DVP) basis That is, funds shall not be wired or paid until verification has been made that the Trustee received the collateral The collateral shall be held m the name of the City or held on behalf of the City The Trustee's records shall assure the notation of the City's ownership of or explicit claim on the securities The original copy of all safekeeping receipts shall be dehvered to the City Securities will be held by the City's safekeeping agent, which shall be selected through a competitive process (RFP) or that agent's representative in New York City, or ~n it's account at the Federal Reserve Bank E Subject to Audit - All collateral shall be subject to inspection and audit by the Director of Fiscal Operations, or designee, as well as, the City's independent auditors X MANAGEMENT AND INTERNAL CONTROLS The Director of Fiscal Operations, or designee, shall establish a system of internal controls, which shall be reviewed by an independent auditor The controls shall be designed to prevent losses of public funds arising from fraud, employee error, and misrepresentation by third parties, unanticipated changes m financial markets, or imprudent actions by employees or Investment Officers of the City Controls and managerial emphasis deemed most ~mportant that shall be employed include the following Imperative Controls Custodian safekeeping receipts records management Avoidance of bearer-form securities Documentation of investment bidding events Written confirmation of telephone transactions Reconellement's and comparisons of security receipts with the investment subsidiary records Compliance with investment policies Verification of all interest income and security purchase and sell computations Page 14 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 Controls Where Practical Control of Collusion Separation of duties Separation of transaction authority from Accounting and Record-keeping Clear delegation of authority Accurate and timely reports Vahdatlon of investment maturity decisions with supporting cash flow data Adequate tralmng and development of Investment Officials Review of financial conditions of all brokers, dealers, and depository institutions Staying informed about market conditions, changes and trends that require adjustments in investment strategies WP~AS, the C,ty of Denton, Texas (the "C~ty") ,s a duly orgamzed and vahdly emsnng mumclpal eorporaUon under the laws and Constmmon of the State of Texas, and WHEREAS, The Evangehcal Lutheran Good Samaritan So~ety (the "Somery"), a North Dakota nonprofit corporation, owns and operates two long-term healtheere faelhnes, including related samor housing factht~es, wrdam the boundaries of the C~ty, and ~AS, the Somety has recemly made material capttal expenditures at ~ts facthues vathm the C~ry, wluch ~t desires to fund fi.om the ~ssuence of Bonds, and WHEREAS, the Society also w~shes to refund the remmnmg maturity of bonds issued on behalf m 1957 by the Denton Health Facrhlaes Development Corporatxon, the proceeds of which funded certain capital expenchtures at ~ts fac~ht~es tn the C~ty, and WHEREAS, the Somety has proposed that the motnes to fund the Project and to refund the 1987 bonds cotne from the proceeds of Bonds to be ~asued by the Colorado Health Fac~htaes Authority (the "Bonds") m a multa-stat¢ offering anthonzed by Colorado state law, and WHEREAS, such muk~-state offenng m econonacally e~ic~ent and cost-saving for the Soc~etL thereby reducing operaung costs for the Society and therefore tending to reduce the necesmty for tncreases ofcherges at its Denton facahtles, thereby benefiting the remdents of the C~ty, and WI~IEREAS, the Bonds will be payable solely fi.om revenues of the Socaety, and the Cny will have no obhgataon whatsoever for payment of the Bonds, and WHEREAS, as a prereqmmte for the ~ssuance of the Bonds by the Colorado Health FamhUes Authority, a pubhc heanng was held v~tl~n the City at the Society's Lake Forest Good Samaritan Village on November 29, 2000, a~er pubhcat~on xn the Denton Re¢ord-Chrom¢le of a Not~ce of Pubh¢ Heanng, and a report on the heanng has been presented to the C~ty Council NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES Section 1 The Cxty of Denton hereby approves the issuance of the aforesmd Bonds by the Colorado Health Famht~es Authority m the maxn'num ~ggregate pnnc~pal amount of $1,300,000 for The ]~vangehcal Lutheran Good Samaritan Society, and further approves the Project as described 0e;-10-~000 06 $$ From-~CALL PARKHUST +2147649260 T-197 P 004/011 F-808 m the Noi~e relaun~ to the pubho heannl~ for the Bonds, and such approval shall be solely for the purposes of Seollon 147(f) of,he In~ernal Revenue Code of 1986 and the City shall have no hahihtles for The payment of the Bonds nor shall any of its assets be pledged to paymen! of the Bonds Seotion 2 l~l~her, it is recognized by the City that the msh-uments which authorize that issuance of bonds, notes, or obhlp~tlons by the Colorado Health Facilities Authonty vail spectflcally state that the City is not obhl~ated to pay the pnncupal of or interest on thc bonds, notes, or obhliations,proposed to be issued by the Authority lqotlmtl~ m tbs resuluuon shall be construed as an indication by the City that it uall pay or provide for the paymen~ of any obhgations of the said Authority whether theretofore or hereafter recurred, and m this conuec~lon, a~enuon ~s called To The ConsTitution of the State of Texas, whereto n is provided float & CIW may incur no indebtedness vathout having made provisions for ns payment, and the City Council of the City hereby specifically refhses to se~ aside any present or ttrmre ftmds, assets or money for the payment of any indelXedness or obhgation of The Authonry Section 3 This Rasoluuon shall become effective unmedmtely, upon its passage PASSED AB1D APPROVED this 19th day of December, 2000 ATTEST le~nlfer Walters, City Secretary ~/ ' ~ulme Brock, Mayor APPROVED A~ TO I~ORM Herbert L Ptouty, City Attorney / M~D'r~S OF PUBLIC i-lEAKING City of D~xton, T~xas Colorado H~lth Fa~ilit~s Authonty's Health Facthues Revenue Bonds (The Evangehcal Lutheran Good Samarium Socmty Project) Series 2000 I, Suh¢ iVl~o, ac~ug as a Heanng Officer for the Cily of Denton, Tcx~s (the "C~ty'~, th~ City m ~h the prcoec~s m ~e ~,~ced ~th ~ of thc a~ove refe~nced Bonds (the "Bonds") are located, called ~ Pubhc He~n~g of the City on November 29, 2000, to order I declared that a Pubhc Heauutb required under Sec~on 147(0 of the Internal P,,cvc~uc Code of' 1986, was open for purposes ot d~cussm~ the Bonds and the project to be ffmanced, refi,~ or con~U,,cted vath 6ae proceeds of ~ Bonds (the "~,ct") by The Bvargchcal I declared thsi the reqmred noUc~ of the Pubhc Heanng for tbe Pro.~ec~ was pubhshed m the Denton Reeord-Ct~omcl¢, being a ne~ of general c~mulanon m Deaton, Texas, as evidenced by an Affidavit of Pubhcalion attached hereto as Bxl~bit A I proceeded to hold the Pubho He~inl~ Com,~nts and chscusslons vath respect to the Bonds and the rroleot a~e ~mmanz~d m ~ attached hereto After au~ic~ant amc was g~ven for all present to make th~ur comments w~th respect to thc Bonds ~.~ the Project, I dcclax~d the Pubhc Hcanng closecL Datcd Decemberj_~ 2000 J~ Heating Officer Oec-l§-~O00 06 $$ From-I/~CCALL PARKHU$? +2147540250 T-167 P 006/611 F-808 NOTXCE OF PUBLIC HEARING CONCERNING THE ISSUANCE OF BONDS ON BEHALF OF ~ EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY NOTICe- IS F~EBY OIV~N that a pubhc heanng v~ll ~ h~d con~ ~e a~ov~ of ~e ~ss~e of ~ Colo~ Heg~ Fa~es Au~onW's H~ F~h~es ~v~ Bo~ (~ Ev~geh~ Lu~r~ ~d S~ Soc~ ~) S~es 2000 (~c "Bo~") ~c~ of ~e Bo~$ m ~ ~o~t not ~ ~ce~ $1,300,000 ~I1 be u~ (O to ~ ~e ~qmsmo~ com~Uo~ ~~t ~d ~mppmg of a ~w ~tchen at D~ton ~od S~msn~ V~c ~ a ~ ~f ~ ~ sy~ at ~e Nomst ~od S~ms~ Vt~age (~, ~ "~o~"), bo~ ~ ~ op~md by ~ Ev~gelic~ Lu~ Good Soc~ a~ mspecUvcly. 2~00 N~-kle ~ve, D~to~ ~ 76201 md 3901 Montec~ D~ve, D~n, ~ 76205, ~ to re~ b~ ~ss~ on ~f of~ Soc~ m 1987 by ~ D~ton He~ F~fliUcs Developm~t Co--on, (n) to e~bh~ a m~e ~ ~d (m)m pay Col~ He~ F~iBues Au~on~ (~e "Au~onU") ~yable mlely ~m mo~ m~v~ by ~ A~o~U p~t m a ~m ~ ~d m of Nowm~ 1, 2000, b~ ~e Au~fi~ ~ ~ Ev~ltc~ L~ ~ S~ SocleW, ~ ~p~ us~ ~]ccL ~ m~ p~es ~ m~ to ~t ~ a ~e pubhc h~g ~g ~ss~e o~ Bo~s ~ ~e ~ of ~ pmcee& ~re~m WnU~ co~enm m ~ pmsen~ al ~e he~ may be ~d ~ ~ C~ of Denton. Tc~s, at 215 ~ Mc~mney ~n~ ~ 76201 ~e pubhc he~ ~ be held at 10.00 ~m. on We~e~y. Nov~ 29, 2000, m ~ m~ap~se mom of ~ ~e Foma ~od S~ Village, loca~ at 3901 M~mctm Dnvc. Denton, ~ 76205 DK-16-2000 6g 56 From,-IKC~LL PARKHUST +2147649260 T-19T P O0T/011 F-809 I NQTICIE OF PUBLI~ taunt ~t M i 0.~-15-200~ OO $$ Frei-Ir, CALL PARKHUST +2147540250 T-IG~ P 008/011 F-808 TIlE STATE OF 1~3fAS , BiZl Pateeraon d~te ~ th~ ~nch~ n~, nnd ~al ~e mM ~ ~a p~od ,u said pap~/s on the ~ow~ ~o~X~ o~ P~lio H~r~g ~nce~ing tho iuouan~ o~ bon~ on b~al~ o~ ~e Bv~g~ll~l Lu~e~ ~od ~ S~ri~n So~ieb~ ~n ~eord ~r~iale - N~er 11~ 2000 76 ~nes $45.00 ~ m~ ~ud ~d ~ ' P Dec-15-2000 O0 66 From-~¢~LL P~RKHU$? +234?646260 ?-167 P 606/011 F-808 A few members of the public attended the Pubhc Heermg Most of the dlscusston centered on the Bo~d_~ - their possxble terms snd avmlabxhty No comments were made winch were adverse to the Project or the Bonds, Ds~-18-ZO00 O~ If$ From-MCCALL PARKHUST +Z14?$49250 T-lg? P OH/OH io~oftecontof~qmdn~s~h~i~qi~d~ui~q ~' (il) by vow ~ndum of b of ~ pr~fl~ ~ s~l ~ty m ~e ~ ~ _~ ~h (A) Of ~,~F~ ~ of tMs su~ ~v(:) wh:ah is I.u~ ~nnt m ~h pl~ wi~in 3 y~ ~ ~ p~y chub m ca~ ~oa w~h b ,- I1~ ~ m ~nd ~o~ ~ by meb ~ h~~~~ '~1- (O~n~I ~ ~ ~ldl~ wm ~ ~ cx~Ve ~h, ~ any ~of ~hlsnm~m ~u~m~ ~ ~ ~ k~sl~vo ~ of ~h ~lt (If my) m ~ ~ ~n8 ~ ~ ~ (It) No ~ ~ ~m~--If ~t ~ ,m ~vl~ ~ ~1 m ~a q~lfl~ ~ u~ m m of~b (2) ~) wh~h is x~9 10-6 S \Our Documlnts\Ordmances\OO\SP-O0 O16 doc RESOLUTION NO ?~F"~O~ -0~'~ A RESOI~UTION OF THE CITY OF DENTON, TEXAS, APPROVING A PROJECT PLAN FOR 4 25 ACRES LOCATED ON THE WEST SIDE OF THE 1-35W NORTH FRONTAGE ROAD NORTH OF AIRPORT ROAD FOR AN OFFICE/WAREHOUSE DISTRIBUTION CENTERI AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-016, MILLER OF DENTON WI-IEREAS, on March 2, 2000 the C~ty Council adopted Ordinance No 2000-069 whmh estabhshed certain nonres~dantml interim regulations (the "Nonresidential Interim Regulations"), and WHEREAS, thc Nonresidential Interim Regulations estabhshed, among other things, a project plan reqmrement, and WHEREAS, the owner of an approximate 4 25 acre tract of land zoned light xndustnal has made an apphcatxon for approval of a project plan under the Nonres~dentml Interim Regulations, and WHEREAS, the City Council finds that the ProJect Plan, with the conditions imposed herein, ~[ any, meets the requirements of the Non-Res~denUal Interim Regulations, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SI~CTION 1 The ProJect Plan which m attached hereto and made a part hereof by reference~ is hereby approved SECTION 2 TI'as resolution shall become effective ~mmedlately from and after its approval 1 PASSED AND APPROVED tNs the ./~' day of /At/--&(.5(~/g, ff-~&/ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY il;[ilI llllll ~: ,l: I~ I: SYD LITT~K~N - DESIGN CONCEPTS ~ ~ MILER of DENTON MILLER of DENTON