HomeMy WebLinkAboutJanuary 20, 2004 Agenda AGENDA
CITY OF DENTON CITY COUNCIL
January 20, 2004
After determining that a quorum is presem, the City Council of the City of Demon, Texas will
convene in a Work Session on Tuesday, January 20, 2004 at 4:00 p.m. in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
Receive a report, hold a discussion and give staff direction regarding proposed
amendments to the Development Code and Criteria Manual related to Tree preservation.
(SI03-0012, Tree Preservation)
Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of January 20, 2004.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. The City Council reserves the
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the Texas Governmem Code, as amended, as set forth below.
1. Closed Meeting:
Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE
Section 551.071.
Receive a presemation, discuss, and consider the two (2) City of Demon
impact fee appeal claims of the Denton Independent School District filed
on December 10, 2003 pertaining to the Teasley Lane High School Project
and the C.H. Collins Athletic Complex Project; consider the legal position
of the City regarding the appeals by conducting a consultation with the
City's attorneys in order to obtain the advice and recommendations of the
City's attorneys concerning these appeals and related issues, where to
discuss such issues and matters in a public meeting would conflict with the
attorneys' duties and professional responsibilities to their client, the
Demon City Council, under the Texas Disciplinary Rules of Professional
Conduct.
Receipt of legal advice from the City Attorney on matters in which his
professional responsibility to the City Council requires private legal
consultation pertaining to the termination of an airport lease dated April 1,
1999 between the City of Demon and Wayne Allen Construction, Inc. for
real property located at the Denton Municipal Airport.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE
EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED
City of DeNon City Council Agenda
January 20, 2004
Page 2
MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS
GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION"). THE CiTY COUNCIL
RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE
SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §§551.001, ET SEQ. (THE TEXAS
OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO
RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN
MEETINGS ACT, iNCLUDiNG, WITHOUT LiMiTATiON §§551.071-551.086 OF THE
TEXAS OPEN MEETINGS ACT.
Regular Meeting of the City of Demon City Council on Tuesday, January 20, 2004 at 6:30 p.m.
in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
1. PLEDGE OF ALLEGIANCE
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U.S. Flag
Texas Flag
"Honor the Texas Flag -- i pledge allegiance to thee, Texas, one and indivisible."
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
B. January Yard-of-the-Momh Awards
C. Recognition of staff accomplishments
3. CITIZENS REPORTS
mo
Receive citizen reports from the following:
1. Dr. Mitch Land regarding DWI traffic enforcemem.
2. Kavita Vadgana regarding Demon Municipal Electric.
3. Nell Yeldell regarding utilities.
4. Dessie Goodson regarding agenda items and rules.
4. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consem Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consem Agenda (Agenda items A-K). This listing is provided on the Consem Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consem Agenda.
If no items are pulled, Consent Agenda Items A-K below will be approved with one motion. If
items are pulled for separate discussion, they will be considered as the first items following
approval of the Consent Agenda.
City of DeNon City Council Agenda
January 20, 2004
Page 3
mo
Consider adoption of an ordinance accepting competitive bids and awarding a
three-year contract for the purchase of 69kV and 138 kV instrument transformers
for DeNon Municipal Electric; providing for the expenditure of funds therefor;
and providing an effective date (Bid 3113 - Three-Year Agreemem for Purchase
of 69kV and 138 kV Instrument Transformers awarded to Ritz Instrument
Transformers, inc. in the estimated amoum of $145,000).
Bo
Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of Hickory Creek Basin Sanitary Sewer
Replacemems and Liners; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3107 - Hickory Creek Basin Sanitary Sewer
Replacements and Liners awarded to Circle C Construction in the amount of
$1,995,275.50).
Co
Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of Austin Street Sewer Improvements;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3116 - Austin Street Sewer improvemems awarded to Friendship
Construction, inc. in the amoum of $180,991).
Do
Consider approval of a resolution of the City of DeNon, Texas authorizing the
City Manager to execute a first amended lease agreemem by and between the City
of Denton, Texas and Denton County Archers, a Texas not-for-profit corporation;
and providing for an effective date.
mo
Consider approval of an ordinance accepting competitive proposals and awarding
a contract for the purchase of Group Term Life and Accidental Death and
Dismembermem coverage for City employees; providing for the expenditure of
funds therefor; and providing for an effective date (RFP 3121 - Employee Term
Life insurance awarded to iNG/Reliastar in the estimated amoum of $100,000).
Fo
Consider adoption of an ordinance accepting competitive bids and awarding a
contract for the purchase of Street Milling Service for the maintenance and repair
of City streets; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3126 - Street Milling Service awarded to Dustrol, inc. in the
estimated amoum of $210,000).
Go
Consider adoption of an ordinance authorizing the sale of property located within
Block 6, Jasper Addition, City of DeNon, Texas, more commonly known as 634
E. Prairie Street, by the City of Denton, as trustee for the taxing entities pursuant
to Texas property tax code; and providing for an effective date.
Ho
Consider adoption of an ordinance of the City of DeNon, Texas appoiming Robin
A. Ramsay as Presiding Judge for the City of DeNon Municipal Court of Record;
appointing Kimberly Cawley McCary as Assistant Judge for the city of Denton
Municipal Court of Record; appoiming Earlean Cobbin Murphy as Assistam
Judge for the City of DeNon Municipal Court of Record; appoiming Gregory L.
Bertrand as Assistant Judge for the City of Denton Municipal Court of Record;
City of Demon City Council Agenda
January 20, 2004
Page 4
appointing Juditha Lee Bertrand as Assistant Judge for the City of Denton
Municipal Court of Record; appointing Ann Stephens Poston as Assistant Judge
for the City of Demon Municipal Court of Record; establishing terms of office for
municipal judges in accordance with applicable state statutes; authorizing the
Mayor to execute a contract for term of office; ratifying terms of contract;
providing a severability clause; and providing retroactive effect and declaring an
effective date.
Consider approval of a partial exaction variance of Section 35.20.2(L.2.) of the
Code of Ordinances concerning perimeter paving and 35.20.3 (B.) concerning
perimeter sidewalk requirements. The approximately 2-acre parcel is located on
the west side of Westgate Drive north of Windsor Drive. The property is located
in a Neighborhood Residemial 2 (NR-2) zoning district. A single-family
residence is proposed. The subject lot is being subdivided from a 75-acre parcel.
No developmem is proposed at this time for the remaining property. The
Planning & Zoning Commission recommends approval of the partial variance as
presemed by staff (7-0). (V03-0033, ADP Addition)
Consider adoption of an ordinance concerning the Alternative Development Plan
for approximately 0.45 acres located in a Community Mixed Use - General (CM-
G) zoning district. The property is generally located south of McKinney Street on
the east side of Woodrow Lane. An office building is proposed. The Planning and
Zoning Commission recommends approval (7-0). (ADP03-O008, Buchanan
Office)
Consider approval of a resolution of the City Council of the City of Demon,
Texas, authorizing the City Manager, as Denton's authorized representative, to file
a project application with the North Central Texas Council of Govemmems
("NCTCOG") for a regional solid waste program local project; authorizing the
City Manager to act on behalf of the City of Denton in all matters related to the
application; and pledging that if a project is received, the City of Demon will
comply with the project requirements of the NCTCOG, the Texas Natural
Resource Conservation Commission and the State of Texas (Recycling-Pilot
Program-Elementary School in Denton, Texas-Research and Development of
Educational Materials-S42,400); and providing an effective date.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
Consider adoption of an ordinance of the City Council of the City of Demon,
Texas relating to the appeal of the Denton Independent School District regarding
the Teasley Lane High School, brought pursuam to §26-226 of City of Demon
Ordinance No. 2003-137, involving the imposition of impact fees; and providing
for an effective date.
Consider adoption of an ordinance of the City Council of the City of Demon,
Texas relating to the appeal of the Denton Independent School District regarding
the C.H. Collins Athletic Complex, brought pursuam to §26-226 of City of
Demon Ordinance No. 2003-137, involving the imposition of impact fees; and
providing for an effective date.
City of Demon City Council Agenda
January 20, 2004
Page 5
Co
Consider adoption of an ordinance of the City of Denton, Texas terminating that
certain airport lease dated March 1, 1999, by and between the City of Demon,
Texas and Wayne Allen Construction, Inc.; authorizing the City Attorney or his
designee to take appropriate legal action, if necessary, to effectuate the
termination; and providing an effective date.
Do
Consider approval of a resolution by the City of Demon, Texas, authorizing the
City Manager to sign and submit an amendment to the 2003 Action Plan for
Housing and Community Developmem submitted in June 2003 to the U.S.
Department of Housing and Urban Development with appropriate certifications,
as authorized and required by the Housing and Community Developmem Act of
1974, as amended, and the Affordable Housing Act of 1990, as amended; and
providing for an effective date.
mo
New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
Fo
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
Go
Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
Ho
Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Demon, Texas, on the day of ,2004 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE
SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST
48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE
DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER
CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
January 20, 2004
Planning
Jon Fortune, Assistant City Manager
SUBJECT: SI03-0012 (Tree Preservation)
Receive a report, hold a discussion and give staff direction regarding proposed amendments to the
Development Code and Criteria Manual related to tree preservation.
BACKGROUND:
Reacting to the removal of trees on the Flow Hospital site the Planning and Zoning Commission
created a sub-committee to create a tree preservation ordinance. City staff and the sub-committee
held four community meetings to obtain input on the ordinance. As a result of those meetings an
ordinance has been drafted that includes required tree preservation for all developments, mitigation
requirements, incentives to preserve trees, the ability to seek relief, the establishment of a tree fund,
additional requirements to protect trees during construction and enforcement.
The Planning and Zoning Commission recommended approval of the draft tree preservation
regulations (Attachment 1) on November 12, 2003. At the December 2nd work session Council
raised a number of issues similar to those raised at the November 12th P&Z public hearing
(Attachment 3). Major issues included the effect of the ordinance on infill development and the
waiver approval process. The proposed regulations are intended to be amendments to Subchapter
13 (Site Design Standards) of the Development Code. Relief from those standards is accomplished
with an Alternative Development Plan (ADP). The relief process for the tree preservation
requirements would also follow the ADP process. Specific relief from the regulations for infill
development could be incorporated into the regulations. The basis for relief, or partial relief for
infill development could be based on a number of different criteria including lot size, geographic
location (downtown for example), proposed use (single-family development) or staff could be given
some discretionary authority regarding infill development. City Council also directed staff to
schedule a public meeting (January 6th.) to receive additional input from the community. Comments
received at that meeting were similar to comments already received. New comments received
January 6th included:
· Maintain a long-term vision regarding trees.
· Development in the Downtown, Regional Activity Centers and Industrial areas is intended
to be dense and will result in a loss of trees.
· Provide examples / diagrams with the ordinance. (Staff is currently working an a series of
examples.)
· Allow partial paving under trees that will tolerate the impact.
· Provide additional incentives (revised subdivision regulations).
· Do not develop new regulations, simply amend current landscape regulations.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
November 5, 2003
November 12, 2003
December 2, 2004
January 6, 204
Planning and Zoning Commission work session.
Planning and Zoning Commission public hearing. See Attachment 2 for
comments received at public hearing and staff responses to comments.
City Council work session.
City Council public hearing.
FISCAL INFORMATION
It is likely that the requirements of the proposed regulations will increase the cost of development
on properties with trees. The regulations will also increase air and water quality and property
values.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of the draft ordinance 6-0, Roy
absent.
ATTACHMENTS
1. Draft Tree Preservation Ordinance
2. P&Z public hearing comments and staff responses.
3. Letters received by staff
Prepared by:
~. ~r~*y Re' hart,'ASLA,'~A~CP.
Assistant Director of Planning and Development
Respectfully submitted:
Kelly Carpenter, AICP
Director of Planning and Development
DRAFT TREE PRESERVATION ORDINANCE
Purpose and Intent
The purpose of these regulations is to promote the preservation of trees and existing tree
canopy, to protect trees during construction, to facilitate site design and construction that
contribute to the long term viability of existing trees which improves environmental
conditions, specifically to comply with air and water quality regulations, increases
property values and to develop a process to control the removal of trees when necessary.
It is the further purpose of this ordinance to achieve the following broader objectives:
A. Prohibit the clear-cutting of property.
B. Maintain and enhance a positive image of the City.
C. Protect quality trees and promote the ecological, environmental and aesthetic values
of the City.
D. Establish a Tree Fund for the preservation and replacement of trees.
E. Preserve historic trees.
F. Provide for a permitting and enforcement procedure.
Applicability
A. This subchapter shall apply to:
1. Undeveloped land.
2. All property to be redeveloped including additions or alterations, but not
including interior alterations.
3. Gas Wells.
4. Right of way, streets, parks, and other public property under the jurisdiction of the
City of Denton.
B. The requirements of Subsection 35.17.9 (Upland Habitat Development Standards)
controls over this subchapter. If the quantity of Upland Habitat Trees preserved
meets or exceeds the preservation requirements specified in subsection 6 no
additional preservation is required.
C. Exceptions;
All developments that have not submitted a preliminary plat application or a building
permit application, whichever is applicable, as of the effective date of this ordinance shall
be subject to the requirements for tree protection and replacement specified in
subsections 6 and 7, with the exception of;
1. Agricultural uses greater than two (2) acres subject to the following restrictions;
a. The agricultural use shall be maintained for at least five (5) years.
b. In the event that the agricultural use is not maintained for five (5) years, the
requirements of this subsection shall retroactively apply. Additionally, any
quality tree removed below the minimum allowed in this subsection shall be
mitigated at a ratio of 1:3 (3 inches of mitigation for every 1 inch removed).
Staff is investigating legal mechanisms to apply the proposed agricultural
restrictions to future property owners.
DRAFT TREE PRESERVATION ORDINANCE
Page 1 of 12
November 12, 2003
DRAFT TREE PRESERVATION ORDINANCE
2. Property on which
dwelling unit(s) and
completed.
3. Trees located in the
Criteria Manual.
construction of single-family or two-family residential
a final inspection by the Building Official have been
visibility triangle area, as defined in the Transportation
4. Public Utility Projects, including public streets, electric transmission lines,
drainage improvements and water and wastewater construction: For any project,
associated with a master plan, conducted by a public utility or a municipal owned
utility shall be exempt from tree replacement and tree protection requirements.
This does not exempt site development projects.
5. Public Utilities have the right to trim, cut, and/or remove any and all trees that:
a. Interfere with or encroach upon the operations of the utilities; or
b. Create a safety issue for utility crews; or
c. Create a safety issue to the public.
6. City Landfill and Airport.
7. Nursery trees that are planted and growing on the premises of a Wholesale
Nursery that are intended for sale in the ordinary course of business..
8. Any tree determined to be diseased, dying or dead, by a qualified professional.
9. Public Safety Emergency Measure. Any tree determined to be causing a danger
or be in hazardous condition as a result of a natural event such as tornado, storm,
flood or other act of God that endangers the public health, welfare or safety and
requires immediate removal.
10. Survey Work. Does not apply to the clearing of understory necessary to perform
boundary surveying of real property or to conduct tree surveys or inventories As
long as the clearing for surveying shall not exceed a width of two (2) feet for
general survey (i.e. of easement boundary, etc.) and eight (8) feet for survey of
property boundary lines and any tree having a ten (10) inch dbh or greater shall
not be removed in any manner during such boundary or general surveying.
11. Capitol Improvement Projects awarded prior to the effective date of this
ordinance
Permit required
No person, directly, or indirectly, shall cut down, destroy, remove or move, or effectively
destroy through damaging any tree with a two (2) inch diameter at breast height (dbh) or
greater without first obtaining a tree removal permit.
1. No grading shall take place on any undeveloped property that contains trees
subject to this subchapter without obtaining a tree removal permit.
2. All trees not listed as a protected tree within this ordinance may be removed with
a permit.
DRAFT TREE PRESERVATION ORDINANCE
Page 2 of 12
November 12, 2003
DRAFT TREE PRESERVATION ORDINANCE
Permit Review and Approval Process
1. The Director may adopt rules establishing the requirements for permitting and
approval process in the Application Criteria Manual. The rules shall include
information required by the Director to determine if the application is complete.
2. A request for tree removal permit shall be submitted and approved prior to the
removal of any protected tree in the City.
3. A complete application shall be submitted along with the application fee. The fees
shall be established by City Council and published in the Application Criteria manual.
4. A Tree Inventory Plan and a Tree Replacement/Mitigation Plan must be submitted
with the tree removal permit application.
5. Permits for tree removal issued in connection with a building permit or clearing and
grading permit shall be valid for the same period of time. Tree removal permits issued
not in connection with a building permit or clearing and grading permit are valid for
180 days.
6. After the tree removal permit is issued, the permit holder shall post a tree protection
sign, supplied by the City, at each entrance to the property and at any other location
designated by the City.
7. The City shall be authorized to work with the owners, developers, and builders to
make non-substantive changes, within the scope of the ordinance, to plans, permits,
and other requirements throughout the development and construction processes that
will provide the greatest reasonable tree survival.
Tree Designations
A. Protected Trees
Select healthy species, identified below, with a minimum dbh as identified shall be
designated as a Protected Tree. A tree that is designated as a Protected Tree shall be
preserved.
Protected Tree Species Table
Common Name Botanical Name DBH
Large Trees
Pecan Carya illinoinensis 20"
Black Hickory Carya texana 20"
Hackberry Celtis occidentalis, sp. 20"
Texas Ash Fraxinus texensis 20"
Honey Locust Gleditsia triacanthos 20"
Black Walnut duglans nigra 20"
Sweet Gum Liquidamber styraciflua 20"
Chinese Pistachio Pistacia chinensis 20"
Bois d'Arc Prosopis glandulosa 20"
DRAFT TREE PRESERVATION ORDINANCE
Page 3 of 12
November 12, 2003
DRAFT TREE PRESERVATION ORDINANCE
Sawtooth Oak Quercus acutissima 20"
Escarpment Live Oak Quercusfusiformis 20"
Lacy Oak Quercus glaucoides 20"
Bur Oak Quercus macrocarpa 20"
Blackjack Oak Quercus marilandica 20"
Chinquapin Oak Quercus muhlenbergii 20"
Water Oak Quercus nigra 20"
Shumard Oak Quercus shumardii 20"
Post Oak Quercus stellata 20"
Texas Red Oak Quercus texana 20"
Live Oak Quercus virginiana 20"
Black Locust Robinia pseudocacia 20"
Bald Cypress Taxodium distichum 20"
Cedar Elm Ulmus crassifolia 20"
Lacebark Elm Ulmus parviflolia sempervirens 20"
Slippery Elm Ulmus rubra 20"
Medium Trees
Red Cedar duniperus virginiana 8"
Magnolia Magnolia grandiflora 8"
Afghan Pine Pinus eldarica 8"
Winged Elm Ulmus alata 8"
Small Trees
Redbud Cercis canadensis varieties 6"
Texas Persimmon Diospyrus texana 6"
Possumhaw Holly Ilex deciduas 6"
Yaupon Holly Ilex vomitoria 6"
Crape Myrtle Lagerstroemia indica 6"
Wax Myrtle Myrica cerifera 6"
Mexican Plum Prunus mexicana 6"
Eve's Necklace Sophora affinis 6"
B. Historic Trees
A Historic Tree is a healthy tree that stands at a place where an event of historic
significance occurred that had local, regional, or national importance; or at the home
of a citizen who is famous on a local, regional, or national basis. A tree may also be
considered historic if it has taken on a legendary stature to the community; mentioned
in literature or documents of historic value; or considered unusual due to size, age or
has landmark status. The Historic Landmark Commission will make
DRAFT TREE PRESERVATION ORDINANCE
Page 4 of 12
November 12, 2003
DRAFT TREE PRESERVATION ORDINANCE
recommendations for Historic Tree designations to the Planning and Zoning
Commission (which will conduct a public hearing and include property owner
notification) for ultimate approval by the City Council. Upon designation, each tree
shall be added to a Historic Tree Registry map to be maintained by the Planning and
Development Department. A tree that is designated as a Historic Tree shall be
preserved.
Quality Trees
A Quality Tree is any healthy tree of a species identified on in the "Protected Tree
Species Table" that has a dbh that is greater than two (2) inches, but is less than the
minimum dbh identified that designates it as a Protected Tree. All Quality Trees shall
be preserved and/or mitigated as identified in Table 1.
Quality Tree Stand
A grouping or clustering of at least three (3) healthy Quality Trees with a two (2) inch
dbh or greater in size, with or without understory, spaced at no greater than an
average of five-foot intervals. All Quality Tree Stands shall be preserved and/or
mitigated as identified in Table 1.
Preservation
A. Any tree designated as a Protected Tree or a Historic Tree shall be preserved.
B. Table 1 establishes the minimum percentages of all dbh or percentage tree canopy of
Quality Trees and/or Quality Tree Stands that must be preserved or mitigated.
Table 1
Single-family & Duplex Multi-family and Non-
Dwellings Residential Uses
Quality Trees and 20% within the entire
25% within the entire site.
Quality Tree Stands subdivision.
100% within the entire
subdivision exclusive of
Protected and Historic
Trees Environmentally Sensitive 100% within the entire site
Area (ESA) Upland Habitat
areas.
Up to 50% of the required Up to 50% of the required
20% of Quality Trees 25% of Quality Trees
Mitigation Maximum and/or Quality Tree Stands and/or Quality Tree Stands
may be mitigated rather may be mitigated rather
than preserved, than preserved.
DRAFT TREE PRESERVATION ORDINANCE
Page 5 of 12
November 12, 2003
DRAFT TREE PRESERVATION ORDINANCE
C. All percentages relating to preservation stated within this section shall be based on
the initial tree survey. Any subsequent redevelopment of property must minimally
preserve the applicable percentage of the total dbh of quality trees as indicated by the
initial tree survey.
D. Trees that are required to be preserved shall be mitigated at the ratio described in
Table 2.
E. Site Plans and/or Final Plats shall note the trees required to be preserved under this
subchapter. The notation shall limit any future land disturbing activity or
construction that would impact and/or damage the tree(s) and shall run with the land
and be binding upon all successors and assigns of the current owner. Methods for the
long-term conservation of said trees may include permanent conservation easements,
restrictive covenants, or other such legal mechanisms.
Mitigation
A. Quality Trees may be removed in excess of the minimum preservation requirement
contained in subsection 6 provided the excess removal is mitigated as identified in
Table 2.
B. Each replacement tree shall be a minimum of 2" caliper measured 6" above grade and
at least 5' in height when planted.
Table 2, Mitigation
(^) (B) (C)
Method Description Restrictions
The cumulative total of all
Quality Trees 2" dbh or
greater removed in excess A minimum of seventy-
1. Establishment and of the minimum five (75) percent of the
maintenance of new trees preservation requirement replacement trees shall be
at the required ratio in contained in subsection 6 of a species identified on
Column B on-site. See shall be mitigated at a the Protected Tree Species
Column B ratio of 1:1.5 (every 1" Table.
removed requires 1.5"
towards mitigation).
The cumulative total of all
Quality Trees 2" dbh or
greater removed in excess
2. Plant new trees at the of the minimum
required ratio identified in preservation requirement See subsection 9 of this
Column B on Public contained in subsection 6 Section
Property. See Section9 shall be mitigated at a
ratio of 1:1.5 (every 1"
removed requires 1.5"
towards mitigation).
DRAFT TREE PRESERVATION ORDINANCE
Page 6 of 12
November 12, 2003
DRAFT TREE PRESERVATION ORDINANCE
3. Payment to the tree
See subsection 10 of this See subsection 10 of this
mitigation fund. See
Section Section
Section 10
4. Any combination of See subsection 9 of this
Method 1, 2 and 3. Section.
Appeals
An applicant may appeal the requirements of this subsection using the Zoning
Amendment process outlined in Subchapter 3. The Planning and Zoning Commission
may recommend and City Council may finally approve based on conditions of approval
necessary to mitigate the loss of the Protected Tree(s), Historic Tree(s), Quality Tree(s)
and/or Quality Tree Stand(s). The applicant shall provide supporting documentation that:
A. Illustrates that there is a unique physical circumstance on the property that requires
the removal of the Protected and/or Historic Tree(s).
B. Illustrate that the proposed design has minimized the loss of trees to the extent
possible.
C. Illustrates that preservation and/or mitigation unduly burden the development of the
property.
Preservation Incentives
A. Tree Credits
1. All individual Quality Trees 2" dbh or greater and/or Quality Tree Stands that are
preserved beyond the minimum requirements identified in Table 1 shall be
credited towards landscape canopy requirements at a ratio of 1:1.5.
2. All Quality Tree Stands without existing understory that are preserved beyond the
minimum requirements identified in Table 1 shall be credited towards landscape
canopy requirements at a ratio of 1:1.55.
3. All Quality Tree Stands with existing understory that are preserved beyond the
minimum requirements identified in Table 1 shall be credited towards landscape
canopy requirements at a ratio of 1:1.6.
4. Unless trees preserved are an integral part of the parking lot design, they will not
be credited towards parking lot canopy requirements.
B. Parking Spaces
For every twelve (12) dbh of Quality Tree(s) that have been protected on site, beyond
the minimum requirements identified in Table 1, one (1) parking space may be added
to or subtracted from the required number of parking spaces up to a fifteen (15)
percent increase or decrease. Upon the approval of the Director of Planning and
Development, a waiver of up to thirty (30) percent may be granted.
C. Parking Lot Design
The Director of Planning and Development may allow parking lot design and parking
lot landscaping requirements to vary from adopted standards to preserve existing
trees.
DRAFT TREE PRESERVATION ORDINANCE
Page 7 of 12
November 12, 2003
DRAFT TREE PRESERVATION ORDINANCE
10.
Replacement Planting Location
Preservation shall be the first, best and standard approach. If preservation cannot be
achieved,
A. On-Site mitigation shall be next pursued.
1. Trees that are required to be planted in compliance with other development
regulations shall not be counted for the purpose of satisfying the on-site
mitigation requirements.
B. If an applicant is able to demonstrate that neither preservation, nor on-site mitigation
can be achieved due to environmental or spatial constraints, the applicant may request
off-site alternatives on public property.
1. Trees that are required to be planted in compliance with other development
regulations shall not be counted for the purpose of satisfying the off-site
alternative requirements.
2. Off-site alternatives shall also include maintenance and irrigation for a period of
not less than three (3) years. Security for the cost of maintenance shall be in the
form of a cash bond, surety bond, or letter of credit.
3. Upon completion of the three-year landscape establishment period, the city shall
inspect the trees and determine whether ninety percent (90%) of the trees are
healthy and have a reasonable chance of surviving to maturity. Upon such a
finding, the City shall release the currency, bond or letter of credit. In the absence
of such a finding, the Applicant shall be notified to replace any unhealthy or dead
trees. If the applicant does not take remedial steps to bring the property into
compliance, the City shall make demand for payment on the cash bond, surety
bond, or letter of credit. The City may use all legal remedies to enforce this
subchapter in addition to making demand on the security provided herein.
4. Special consideration shall be given the applicant in the event trees are injured or
destroyed by natural disasters, including but not limited to tornadoes, straight-line
winds, ice storms, fire, floods, hail, or lightning strikes, or through he independent
actions of third parties.
C. If off-site mitigation cannot be achieved, payment shall be made to the Tree Fund.
11.
Tree Fund
The City shall administer the tree fund. The funds shall be used to purchase, plant
and maintain trees on public property utilizing either city staff or contract labor, to
acquire wooded property that remains in a naturalistic state in perpetuity, to perform
and maintain a city wide tree inventory and to educate citizens and developers on the
benefits and value of trees.
The amount of money to be paid shall be based on the fair market value of materials
and labor at the time of planting and the maintenance and irrigation for a period of
three (3) years. The quantity of trees shall be calculated on the number of 2"
replacement trees required to equal the total dbh of Significant Trees and/or Tree
DRAFT TREE PRESERVATION ORDINANCE
Page 8 of 12
November 12, 2003
DRAFT TREE PRESERVATION ORDINANCE
Stands removed in excess of the minimum preservation requirements at a ratio of
1:1.5. The applicant shall submit cost estimates to the City for approval.
C. Money contributed to the Tree Fund shall be paid prior to the issuance of a Clearing
and Grading Permit on all Commercial, industrial, or Multi-Family Residential
buildings, prior to final approval of a Gas Well Development Plat and prior to filing a
Final Plat application for all Residential and Non-Residential Subdivisions.
12.
Plan Submissions
A. Tree Inventory Plan. A tree inventory plan shall delineate site boundaries and site
trees by type, size (dbh) and/or canopy and species. An inventory map shall be
prepared by a registered landscape architect, urban forester, botanist, arborist or other
qualified professional and be submitted with a preliminary plat and/or building permit
application.
B. Tree Preservation/Replacement Plan. A tree preservation plan shall be submitted
before the approval of a final plat and/or building permit and shall contain sufficient
detail to show the following:
1. The location of existing and proposed improvements;
2. The limits of clearing and grading;
3. The location, size, species and health of all existing trees to remain, including
tree credit calculations (canopy coverage) and methods proposed to comply
with tree protection requirements during construction;
4. The location of any and all permanent conservation easements, restrictive
covenants, or other such legal mechanism to allow for the long-term
conservation of any and all trees required to be preserved.
5. The location, size, species and health of all existing trees proposed to be
removed, including calculations (total dbh removed in excess of minimum
requirements) to determine the replacement requirements;
6.Identification of all trees eligible for preservation;
7.The location and dimensions of boundary lines.
C. Simplified Survey.
1. An aerial photo of the property showing the tree coverage may be used to
identify groups of trees that will be preserved if mitigation is not proposed.
2. Large tree stands (greater than 1,000 square feet), which will be mitigated,
may be inventoried by performing a detailed study within a specified 100 foot
by 100 foot area. The study area shall be a representative sample of the entire
tree stand and must be approved by the City prior to performing the survey.
The survey shall include the size, species and health of all existing trees
within the area. The results of the survey will be applied to the total area of
the tree stand to determine the total dbh within the tree stand..
3. if no Protected Trees, Historic Trees, Quality Trees or Quality Tree Stands
exist on the property, a letter from a qualified professional stating what does
exist on the property may be submitted in lieu of a survey.
DRAFT TREE PRESERVATION ORDINANCE
Page 9 of 12
November 12, 2003
DRAFT TREE PRESERVATION ORDINANCE
D. The Tree Inventory Plan and the Tree Preservation Plan may be combined on one
document.
13.
Tree Protection
Construction Plans shall include necessary notes and details to ensure the viability of
Protected Tress, Historic Trees, Quality Trees and/or Quality Tree Stands including their
roots, during construction.
A. All trees identified on the tree preservation plan to be preserved shall be protected
during construction. All tree protection measures shall be in place and approved prior
to the commencement of any on-site construction. Protection measures such as
fencing shall be maintained at all times during construction.
B. Prior to development or redevelopment, the developer shall establish and maintain a
construction entrance that is not within the critical root zone of any protected tree.
C. Material intended for the use in construction or waste materials accumulated due to
excavations or demolition shall not be placed within the limits of the critical root
zone.
D. Equipment shall not be cleaned or other foreign materials deposited or allowed to
flow overland within the critical root zone of a protected tree. This includes without
limitation, paint, oil, solvents, asphalt, concrete, mortar or similar materials.
E. Signs, wires or other objects, other than those of a protective nature shall not be
attached to any protected tree. However, lighting of a decorative nature may be
attached to a protected tree. The lighting shall be attached in a manner as not to
damage the protected tree.
F. Vehicular and or construction traffic or parking shall not take place within the limits
of the critical root zone of any protected tree other than on an existing paved surface.
This restriction does not apply to access within the critical root zone for the purpose
of clearing underbrush, which shall only be done by hand methods, vehicular traffic
necessary for routine utility maintenance or emergency restoration of utility services
or routine mowing operations.
G. Grade changes shall be allowed within the limits of the critical root zone of any
protected tree only upon approval by the city. If approved, major grade changes (i.e.
four inches [4"] or greater) within the critical root zone of a protected tree will require
additional measures to maintain proper oxygen and water exchange with the roots.
Root pruning will be required when disturbance will result in root exposure. Root
pruning shall be completed a minimum of two (2) weeks prior to any construction
activity within the critical root zone of the protected tree.
H. No paving with asphalt, concrete or other impervious materials shall occur within the
critical root zone of a protected tree.
I. In those areas where a protected tree is within 50 feet of a construction area, a
protective fence, minimum of four feet (4') in height, shall be erected and maintained
outside the critical root zone of each protected tree group. The protective fencing
DRAFT TREE PRESERVATION ORDINANCE
Page 10 of 12
November 12, 2003
DRAFT TREE PRESERVATION ORDINANCE
14.
15.
shall only be required on the subject site, if the critical root zone extends onto an
adjacent property.
J. Boring of utilities under protected trees shall be required in those circumstances
where it is not possible to trench around the critical root zone of a protected tree.
When required, the length of the bore shall be the width of the critical root zone plus
two feet (2') on either side of the critical root zone and shall be at a minimum depth
of 48 inches.
K. Any physical damage to a tree preserved for credit that is considered to place the
survival of the tree in doubt shall be eliminated as a credited tree and will require
additional trees to be planted in its place at the required ratio.
L. Where protected tree removal is allowed through an exemption or by a tree removal
permit and the root system is intertwined with the protected trees that are intended to
be saved, the tree shall be removed by flush cutting with the natural level of the
surrounding ground. Where stump removal is also desired, the stump grinding shall
be allowed, or upon approval of the City, a trench may be cut between the two trees
sufficient to cut the roots near the tree to be removed, thereby allowing removal of the
remaining stump without the destruction of the root system of the saved tree.
Tree Planting Restrictions
1. Overhead Lines: Any required replacement tree(s) shall not be planted within an area
(both vertically and horizontally) such that the mature canopy will be within ten feet
(10') of any overhead utility lines.
2. Underground Utilities: Any required replacement trees or street trees shall not be
planted within 5' of underground public utility lines, including water lines, sewer
lines, transmission lines, or other utilities. No trees may be planted within 10' of a fire
hydrant.
3. Street Corners: No tree shall be planted in the visibility triangle area, as defined in
the Transportation Criteria Manual.
Definitions
Clear Cutting: The removal of all of the trees or a significant majority of the trees
within an area.
Critical Root Zone (CRZ): The area of undisturbed natural soil around a tree defined
by a concentric circle with a radius equal to the distance from the trunk to the outermost
portion of the drip line but not less than one foot radius for each one inch dbh.
dbh: Diameter at breast height (dbh) is the tree trunk diameter measured in inches at a
height of four and one-half (4 ½) feet above existing ground level.
For single-trunk trees, the width shall be measured at four and one-half feet (4 ½ ')
above ground level.
For multi-trunk trees, combine the diameter of largest stem or trunk with one-half of
the diameter of each additional stem or trunk, all measured at four and one-half feet
(4 ½ ') above ground level.
DRAFT TREE PRESERVATION ORDINANCE
Page 11 of 12
November 12, 2003
DRAFT TREE PRESERVATION ORDINANCE
Drip Line: A vertical line run through the outermost portion of the canopy of a tree and
extended to the ground.
Healthy Tree: A healthy tree is a tree that is vigorously growing and is free of structural
problems such as hollows or voids, free of disease, or insect problems and has a root
system that is large enough to support its above ground mass.
Limits of Construction: Delineation on a graphic exhibit, which shows the boundary of
the area within which all construction activity will occur.
Public Utilities: For the purposes of tree preservation provisions of the Denton
Development Code, the term, Public Utilities includes public sanitary sewers, public
water mains, public streets, public storm sewers, public detention ponds municipally-
owned electric utilities, electric cooperatives, investor- owned electric utilities, telephone
companies, cable television companies, and other utilities defined under Texas law as
"public utilities," as well as any contractor hired by these utilities.
Protective Fencing: Temporary chain link fence, wire fence, orange vinyl construction
fence, snow fencing or other similar fencing with a minimum four-foot (4') height.
Qualified Professional: A qualified professional is a person with a minimum of a
Bachelor of Science Degree in any of the following disciplines: Forestry, Horticulture,
Botany and/or Plant / Soil Science or, an Arborist that has been certified by the
International Society for Arboriculture, a Texas Certified Nursery Professional, a Texas
Master Certified Nursery Professional certified by the Texas Nursery and Landscape
Association or a Licensed Landscape Architect.
Quality Tree: A Quality Tree is any healthy tree of a species identified on in the
"Protected Tree Species Table" that has a dbh that is greater than two (2) inches, but is
less than the minimum dbh identified that designates it as a Protected Tree.
Quality Tree Stand: A grouping or clustering of at least three (3) healthy Quality Trees
with a two (2) inch dbh or greater in size, with or without understory, spaced at no greater
than an average of five-foot intervals.
Removal: Removal means an act that causes or may be reasonably expected to cause a
tree to die including uprooting, severing the main trunk, damaging the root system and
excessive pruning.
Root Pruning: Shall mean to cut away, remove, cut off or cut back all or parts of the
root. All root pruning shall be in accordance with approved methods set forth in the
National Arborist Association Standards.
Tree Protection Sign: A sign furnished by the City upon approval of a tree survey or
tree permit that describes prohibited conduct detrimental to trees.
Understory: A grouping of natural low-level woody, herbaceous, or ground covers
species.
DRAFT TREE PRESERVATION ORDINANCE
Page 12 of 12
November 12, 2003
Attachment 2
Comments received at the November 12th P&Z Public Hearing
Category Comment Staff Response
Throughout the public
Should not have a "specific" Protected process, the majority of
Tree List. All trees should be participants want to protect
protected, and/or preserve select native
species of tree., not every
tree.
The proposed 20" size
represents approximately the
93 percentile (or the upper
7%) of 4 recent tree
inventories.
· 24" = 92 percentile
· 22" = 95 percentile
· 18" = 89 percentile
· 16" = 87 percentile
Change the size (dbh) of protected Although varying the size
trees requirements, based on
· Decrease size (16" to 12") species, would better
· Increase size represent the growth habits
· Vary size per tree specie of each tree, it is also creates
additional issues. Most
people do not know the
difference between tree
Protected Tree List species and would not know
if it would be protected
(what size for what species).
Having one size is easier for
inventories and easier o
implement.
The ESA Upland Habitat
protects large areas (10 acres
or greater) of the Cross
Timbers for residential
Should be preserving the Cross
Timbers. development only. The
proposes ordinance would
provide some protection to
the Cross Timbers as well as
other tree stands.
One alternative would be to
provide "Protected" status to
individual trees only. Large
Requiring preservation of all protected trees in a tree stand could be
trees could hinder development, classified as a quality tree. It
would count as a tree, but
wouldn't necessarily have to
be saved.
Page 1 of 3
Category Comment Staff Response
A detailed tree survey is only
required if the amount of
trees being removed is less
than the percentage required
The 2" requirement is to onerous to preserve (20% for single-
. Costly to survey all 2" trees family and 25% for others).
Consideration should be given to
spacing of trees (a bunch ofT' trees Of the recent tree surveys;
Quality Trees closely spaced will not mature into · 2" trees = 0% of the total
large trees) trees inventoried.
· Increase to 5", 6" or 8" · 4" = 9% 0% of the total
trees inventoried.
Add a "Marginal" tree list similar to
· 6" = 33% 0% of the total
Keller & Southlake". trees inventoried.
· 8" = 52% 0% of the total
trees inventoried.
Currently, Bois d'Arc,
Hackberry and Honey Locust
(and others) are on the
"Undesirable Tree species
List". These trees cannot
Do not allow "marginal" trees to be
currently be used towards
planted (Bois d'Arc, Hackberry, existing landscape
Locust) requirements. The argument
is, that if a tree species is
good enough to save, it
should be good enough to
Replacement trees plant.
A requirement for species
diversity can easily be added
to the ordinance. Either
require a specific amount of
Require species diversity species to be replanted (staff
recommends at least 4) or
base it on the survey. If 5
species are being remove,
replace with a minimum of 5
species.
The restrictions only apply to
trees being credited towards
Do not prohibit all development within the preservation
Tree Protection the critical root zone - if done right, requirements. Simply stated
the tree can survive - if you damage the roots,
your not getting credit for the
tree.
Adding addition development The ordinance has a waiver
Private Property Rights regulations is taking away a persons provision that provides
ability to develop there property, a~licants the abilitv to seek
Page 2 of 3
Category Comment Staff Response
To paraphrase - the trees are mine, if I relief for the requirements.
want to cut them down, I should be
able to.
As with the Alternative
Development Plan (ADP)
process, each case is
different. What works in one
circumstance may not be
right for another
Process is discressionary circumstance. As more and
· Set max. mitigation rules more cases are bought
Create administrative relief, forward, similarities for
Waver requirements Process may be a loophole that allows approval may develop. If
a mechanism to remove trees, patterns become apparent,
Process is time consuming, may those can be incorporated
hinder development, into the code. For example,
if City Council approves tree
removal based on required
intersection geometry, then
we can incorporate that
circumstance into the code
and allow it by right.
Infill Development Ordinance does not address infill The proposed ordinance
developments, treats all sites the same.
Public utilities are exempt if building Who ever builds it should be
Utility Improvement infrastructure identified on a Master exempt - the ordinance can
Plan but a private developer is not. be modified to reflect that.
Benefit of tree preservation is born by Depending on site
developers (not community) conditions, tree preservation
Cost City should develop resources
will likely add cost to
necessary to preserve trees in a public development.
trust
One additional incentive
would be to provide a city
Incentives Create more incentives
tax abatement for trees
preserved.
The first year is the most
critical with respect towards
3 year maintenance period is to long. survival. The three year
Maintenance Homeowners could kill a tree and period was proposed because
developer would be responsible, that is the minimum length
of time that the parks
Department will irrigate new
trees.
Page 3 of 3
Attachment 3
>>> "John N Cooper" <in-cooper@tamu.edu> 12/10/03 11:06AM >>>
Thank you for inviting me to address the Denton City Council on the Draft Tree
Preservation Ordinance during their work session on December 2, 2003. At that time,
Mayor Brock requested I send my comments and suggestions to the council in writing. I
hope email is suitable for the purpose. Please forward this correspondence to Mayor
Brock, the council, and others including members of the Planning Department you think
should have them.
1) Oaks should be replaced with oaks. Five good oaks for replacing lost oaks are bur
oak, chinkapin oak, shumard oak, water oak, and live oak. The first two are better than
the latter three because they are resistant to the oak wilt fungus.
2) There needs to be a clause requiring bilingual signage for tree protection notices
3) A tree with a "2-inch diameter", which is referenced in multiple places throughout the
draft ordinance, should be measured 6 inches from the ground rather than the dbh as
indicated. This measurement is preferably called the caliper rather than the diameter
breast high (dbh). The Texas Nursery and Landscape Association Grades and
Standards for nursery stock, a copy of which was provided to the Planning Department
on the evening of December 2, says a tree with less than a 4-inch caliper shall be
measured 6 inches above the ground and a tree with a caliper over 4 inches shall be
measured 12 inches above the ground. Although the nursery standards do not
specifically address trees over 8 inches, the Texas Forest Service recommends that
trees with a caliper over 8 inches be measured at dbh, i.e., 4 ½ feet above the ground.
4) For the Protected Tree Species Table in Section 5 I would substitute the Big Tree
Registry promulgated by the Texas Forest Service. This is an exhaustive list of the
largest known specimen tree of each species growing in Texas. This ties the size of
any protected tree directly to the maximum potential size for its species. You can then
decide what level of protection you want to give trees. Let's suppose you chose to
protect trees that were half their maximum potential as indicated by the Big Tree
Registry. If sycamore was in question you would protect it only if the circumference
were 168 inches (53" dbh) or larger since the largest known sycamore in the state is
336 inches in circumference (107" dbh). If you wanted to protect trees that were one-
quarter their maximum potential size, you would protect a sycamore if it was 27" dbh.
As it is, the table in the draft ordinance, breaks the trees down into only three size
categories, i.e., 20", 8", and 6" which have no apparent rational basis. You can
download the current Big Tree Registry off the Texas Forest Service web page at
http://txforestservice.tamu.edu. I also provided a copy of the 75th Anniversary Issue
published in 1990 to the Planning Department on the evening of December 2. If you
develop a table based on the 1990 publication you won't have to keep updating your
table and it will still serve the purpose. You could go to the current Big Tree Registry
posted on the web each time you review a plan but using a standard table would save
time for both staff and customers.
5) For the Historic trees you could have a larger level of protection. For instance, if you
used a threshold of 25% of the maximum potential size for the species of Protected
Trees you could use a 50% threshold for Historic Trees or 20% and 40% or whatever
you wanted.
6) Under the definition of a Quality Tree I would add "...and conform to the grades and
standards established by the Texas Nursery and Landscape Association".
7) For replacement trees I would give them a choice of planting either a minimum of a 2-
inch container-grown tree or a 4-inch balled & burlapped tree. If you just say a "2-inch
tree", it will be a B&B every time. B&B trees cost half as much and are worth half as
much as container-grown trees. This way you give them a choice but you get trees of
comparable worth and of greater worth than the way it is currently written.
8) In Section 9 B&C allowance is given for parking spaces and parking lot design but
are there other things like set-backs and easements that could be adjusted as well?
9) One concept that I can't find in the draft ordinance that I think deserves consideration
is planting replacement trees on a high tree density which would help you plant more
trees in a smaller area, let the property owners who are buying the trees keep them on
their property, and have a closed tree canopy at an earlier date. Trees, or any other
plant for that matter of the same species, can be planted as close as desired with little
or no detrimental affect on the plants grown. If on the other hand, plants of diverse
species are planted closer than their mature width spacing one species will invariably
dominate the other to its detriment. With this in mind, you could look at a rapid canopy
replacement strategy of planting trees of the same species at say, five times their
normal density. Let's say that you remove some post oaks and want to replace them
with oaks. You could plant a cluster of five chinkapin oaks, another cluster of five
shumard red oaks, another cluster of five live oaks, with each cluster planted at five
times their normal mature width spacing. This means that rather than planting them 50
feet apart you would plant them 12-15 feet apart which would give you a closed canopy
in one-fifth the time necessary for trees planted at their mature width spacing of 50 feet.
This "grove method" of planting simulates nature in that young tree stands have a high
density of smaller trees that, with age, become old stands of larger trees at lower
densities. Again, this method affords the advantages of planting more trees in a
smaller, more restricted area, letting the property owners who are buying the trees keep
them on their property, and having a closed tree canopy cover in one-fifth the time of
normal mature-width spacing. The key is that when you change species you have to
provide the full mature width-spacing to avoid crowding and tree losses, but within
single species groves you can go to a high density spacing.
10) For mitigation in Section 6, instead of requiring individual trees to be planted based
on the caliper or diameter inches removed, you could simply require tree losses be
mitigated on the basis of the canopy coverage lost. If you remove trees then you have
to replace the lost canopy at a 1:1 ratio. Using the formula described above in
suggestion #11 you could plant replacement trees at five times their normal mature-
width density which would result in canopy replacement in one-fifth the time of that
required if trees were planted on a mature-width spacing. Tree spacing is not
addressed in the current ordinance draft. This requirement would correct that
deficiency. You could provide an added level of protection/penalty for removing
"Protected Trees" and "Historic Trees" such as a canopy replacement ratio of 1:5 for
Protected Trees and 1:2 canopy replacement ratio for Historic Trees. Going with a
simple canopy replacement formula would allow you to measure only the "Protected"
and "Historic Trees" rather than all the trees over 2" or 6" or whatever threshold of
protection you decide, reducing the time and monetary costs of surveying the trees.
This way you could include even trees smaller than two inches but only have to
measure and identify the species of trees that reach the "Protected Tree" threshold. For
the smaller trees, the species is immaterial. The only reason you need to identify
species in any case is to match it to a table of protected trees by size and species, and
this only for the larger trees.
11) Two inch trees are generally on the order of 3-5 years old. Do we really want to go
to the expense and trouble of saving and replacing 3-5 year old trees? I think the
recommendation #10 above will solve the problem of accounting for and replacing
smaller trees.
12) In Section 9, I can't see any valuable difference between the credit ratios between
Al, A2, and A3. I would count trees equally whether they are part of a "quality stand" or
not.
13) As one of the uses of the tree fund in Section 1 lA, I would include "to provide
effective urban forest management according to a urban forest management plan
developed and administered by the Denton Tree Board under the advisement of the
Denton Urban Forester".
14) The term, "Significant Tree" is used in section 1 lB but is not defined in section 15.
15) I hope Section 10B does not mean that trees planted in fulfillment of the landscape
ordinance are not given credit for the tree preservation ordinance. I am afraid you will
be requiring more trees be planted than you have room to plant them. I think it is
imprudent to require trees be planted where there is no room to plant them. If you want
more trees perhaps you need to require a greater fraction of land be conserved.
16) In Section 12C2, the draft describes large tree stands as "greater than 1,000 square
feet". This is an area 31.6 feet long by 31.6 feet wide. Is that "large"?
17) In the last sentence of Section 13A I would strike "....at all times during construction"
and replace it with "...continuously throughout the construction period".
18) In Section 13B I would like to add the sentence, "If this is not possible, then a 4 inch
layer of wood mulch shall be applied to the ground over the critical root zone and
plywood, steel plating or other suitable material be applied over the mulch to act as a
road bed of sufficient strength to uphold vehicular traffic which may pass over it without
breaking through and rutting the ground in the critical root zone under any and all
weather conditions."
19) In Section 15, to the list of "Qualified Professional" I would add, ...an arborist that
has been certified by the International Society of Arboriculture... "the National Arborist
Association, Texas Certified Landscape Professional, Texas Certified Landscape
Technician"....a Texas Certified Nursery Professional ....
20) I think the approved tree replacement list should be limited to tree species that will
improve the urban forest. This list should be periodically reviewed by the Denton Tree
Board to insure that only the best tree species are planted.
21) Tree health depends in large measure on the soil. I would recommend a soil
percolation test such that a hole is dug to a depth of 24 inches and filled with water. If
the hole does not drain completely within 48 hours the soil should be excavated and
replaced or the tree planted on a berm of medium-textured soil to a height above grade
equal to the depth of the drainage deficiency, e.g., if there is six inches of water left in
the bottom of the 24 inch hole after 48 hours then the tree should be planted on a six-
inch soil berm. The soil berm should be graded to a 1:6 slope such that a one foot berm
is sloped so the toe of the slope meets the natural grade six feet away from the top of
the slope.
22) Finally I would recommend hiring an urban forester with a professional degree in
forestry to administer the ordinance. The science comes first and experience will
complete the training. Leonardo de Vinci once said, "Nature is the wisest teacher one
can have". This is true but only when one has the scientific understanding to interpret
the phenomenon observed. Of course de Vinci was a scientist of the first order.
These recommendations cover my concerns about the draft ordinance. Of course, if
some are adopted others become irrelevant as some negate the need for others. If you
have questions I hope you will not hesitate to call on me.
John Cooper
Denton County Extension Horticulturist
Texas Cooperative Extension
Texas A&M University System
Phone: 940-349-2887
Fax: 940-349-2881
email: in-cooper~tamu.edu
>>> Mike Cochran <.qm.cochran@charter. net> 01/06/04 02:12AM >>>
Mike Cochran
610 W. Oak St.
Denton, Texas 76201
Mayor Euline Brock
Members of the Denton City Council
January 6, 2003
RE: Draft tree ordinance comments.
Dear Mayor Brock and Members of the Council,
Please allow me to make a few comments on the current draft of the new Tree
Ordinance. I am pleased to see that there is a general acceptance of the concept of a
tree preservation ordinance but I feel that this draft has some major flaws in it.
1. The sizes listed for trees under protection is not reasonable for this area. On the
upper limit, requiring a 20" diameter for protected trees will allow the destruction of a
large number of our native trees. This is an impossibly high threshold and is based, not
on any scientific or legal standards but was pretty much picked out of the air at the
Planning and Zoning Commission meeting. The P&Z sub-committee had recommended
a lower threshold. At the lower end of the spectrum there is a requirement for every
tree over 2" in diameter and on the protected tree list to be preserved or mitigated. A
permit would be required for removal of any trees on the list and over 2" in diameter.
This is too strict and may place too much of a burden on developers.
A compromise:
It seems reasonable that if the upper limits are too high and the lower limits are too Iow
that a compromise can be found. I suggest lowering the upper limits to allow tree
protection for trees 16" and over and raising the lower limits to have the restrictions kick
in at 6". (As a reference our 1988 ordinance protected trees 10" and larger.)
2. The concept of having a specific list of protected or "quality" trees is flawed. In most
of our previous ordinances and in earlier versions of this draft the purpose was stated to
be the "preservation of existing native trees"; to "prevent clear cutting" and to otherwise
enhance the community through the protection of our existing tree canopy. This version
of the ordinance states that its goal is to protect only "Quality" trees and then proceeds
to define "Quality" as narrowly as possible.
This ordinance provides an exclusive list of trees that merit protection without providing
for any protection of other species of healthy and important trees. There currently exists
no tree inventory of the community so there is no list of the variety specific tree species
we have in Denton. This narrow list of protected trees excludes many magnificent
specimens of native trees such as the Sycamore, the Cottonwood, etc. The list may
include particular favorites of the drafters of the ordinance, but is not based on any
scientific principles nor does it reflect the purpose as stated in the document. It is in fact,
an arbitrary list of trees.
A solution:
A better standard might be to protect healthy trees and ignore their pedigree. It is fair to
allow developers to claim credit for existing healthy native trees and not be forced to
remove and replace then with costly new trees. Developers should be allowed to use
healthy native trees to help fulfill their street tree requirements. No one is proposing
that we save every scraggly hackberry, but on the other hand there are excellent
examples of this Celtis Occidentalis all over town. If an Oak is in bad condition it should
likewise be allowed to be removed without difficulty. I also believe that by pegging the
protection of trees to specific scientific species that you create an enforcement problem.
For instance, there are hundreds of Oak varieties in North America and over 43 in
Texas. Who is to say that there is not an example of all 43 here in Denton, yet this
ordinance only protects 11 varieties.
3. The third area of concern I have over this ordinance is the loose language in the
criteria for appeals. I do not know of anyone that favors a tree ordinance so strict that it
would prevent development. There has to be a reasonable way to allow exceptions or
variances to the general provisions of the ordinance. In the Nov. 2003, draft of the
ordinance a set of appeals criteria were included. I am concerned that these criteria are
so loose as to render tree protection useless. The following criteria that must be met to
remove tree protection.
"1. Unique physical circumstance...
2. Illustrate that the proposed design has minimized the loss of trees to the extent
possible.
3. Illustrates that preservation and/or mitigation unduly burden the development of
the property."
These are "weasel" words. It is unlikely that any developer could fail to meet such a
generous test. What does "minimized the loss of trees to the extent possible" mean?
What does "unduly burden" mean?
Ironically, both the citizens and the development community hate this same provision.
We think it is too loose and they think it is too tight. We view these provisions as
loopholes big enough to drive a truck through. The opposition from the development
community comes from a fear of public hearings. The implication is that Council will not
be strong enough to stand up to organized citizen opposition to variance proposals.
The problem with the 1998 Tree Ordinance is that it had strong sounding language and
absolutely no teeth. It was a mockery of a tree ordinance. The language in the above
appeals criteria section would do the same thing for this ordinance.
I urge you to consider these suggestions carefully and give the citizens the tree
ordinance they deserve.
Respectfully,
Mike Cochran
NAME: Dan Mauldin
EMAIL: mauldin@unt.edu
SUBJECT: tree ordinance
TO: Entire City Council
MESSAGE: although I cannot attend the meeting discussing the tree ordinance issue. I
want to endorse and support the comments and suggestions of Mike Cochran. I hope
you will seriously consider his points.
NAME: Lauren Womack
EMAIL: lew 762 _('¢.vahoo.com
SUBJECT: I Support a Strong Tree Preservation Ordinance!
TO: Entire City CounciI,Euline Brock, Mayor, Mark Burroughs, Mayor Pro Tem
MESSAGE: Dear Mayor Brock and Mayor Pro Tem Burroughs:
I'd like to thank the Planning and Zoning Commission for drafting a tree preservation
ordinance. I understand that draft has been sent to you and the to the City Council for
discussion and possible approval.
Since I live right next to the unfortunately denuded Flow Hospital site, I'm pleased this
issue is being taken seriously.
However, I think the submitted draft is very weak and contains so many flaws that it will
not be an effective or strong tree preservation ordinance.
Primarily, the flaws I see are these:
1. A very select list of trees that are to be preserved.
This list excludes Sycamores, Cottonwoods and many other native species.
Instead of just preserving healthy trees, this ordinance defines "Quality" trees
and ignores others.
2. No protection for trees under 20" in diameter.
I'm sure you realize some of our most common, best growing native trees would
have no protection at all.
3. An appeal process that is so general as to render any protection useless.
Really the three criteria that must be met to remove tree protection:
"1. Unique physical circumstance...
II. Illustrate that the proposed design has minimized the loss of trees to the extent
possible.
III. Illustrates that preservation and/or mitigation unduly burden the
development of the property."
are composed of "weasel" words. It is unlikely that any developer could fail to meet such
a generous test.
In short, if I wanted to live in treeless, charmless, apartment city, I would move to Irving.
Please keep my lovely town from becoming another random Texas bedroom
community.
Sincerely,
Lauren Womack
To: Mayor Brock and Members of the City Council.
Re: Tree Species List
Jan. 6th, 2004
When we examine the proposal and reflect on its purpose, the preservation of natural beauty is
the motive and source from which all the details of the regulation derive.
Community power over private property has limits; we should then make the most effective use
of that authority. The power of Protection as defined in the proposal is the highest level of
preservation. It imposes the greatest burden on the developer. Use it carefully.
I propose that we extend Protection to Four Species:
· Post Oak
· Live Oak
· Red Oak
· Pecan
Preservation is still available to other trees but it is not mandated. Preservation with incentives
still comes into effect and anyone can identify these four species.
Red Oaks are generally found along stream beds and Live Oaks are not native but were some
times planted by old farmhouses. Pecans grow naturally in bottom lands with deep soil. It's not
a burden to identify the Post Oaks and the cost of the inventory and survey can be reduced if
the process is simplified. Here are some suggestions:
· The threshold for Protection of the Four Prime Species is 18" DBH.
· Smaller specimens of the Prime Four have landscape value; they would carry an
incrementally higher replacement ratio: at 14" DBH, 200%; at 16" 250%. This
ascribes value (important to the community) and aflows the developer to make a
decision without further consultation or appeal.
· Where the trees average more than 50' apart, they are counted individually,
· Individual trees less than 6" DBH may be ignored. In the tree stand sample area
trees less than 4" DBH are not counted. It's prudent to require a higher standard for
a sample.
· The tree species may be recorded as one of the above, other, or undesirable.
· Undesirable means Hackberry, Cottonwood, Bois d'Arc, thorny Locust, and
Mulberry. These may be preserved at 50% value.
The developer is required to locate only the Protected trees. However, the incremental
replacement ratio encourages him to survey the position of the largest Prime Four trees,
inventory the sample area, and count the larger isolated trees.
This simplified concept serves the community and imposes a smaller burden on developers. If
we adopt some of the modified design criteria it might reduce the number of appeals.
Thank you,
Rick Baria
Design Allowances to Encourage Tree Preservation and In-fill Development
The proposed Tree Preservation Ordinance Preserves:
1. A percentage of all the trees on site
2. Certain species
3. Trees over a minimum girth or DBH (diameter at breast height)
4. Combinations of these approaches.
In my opinion, preservation of a percentage of canopy, or total caliper inches, may not satisfy
the citizenry. Only if trees of impressive stature are protected can the Council eliminate a new
Flow fiasco.
Protection of a tree protects its space and constrains the location of everything else. Utilities
can be run under (at significant cost), roadways must go around, and housepads relocated.
The development community cites delay and uncertainty of outcome regarding the appeal
process. This is not unreasonable; doubt drives away investment. Council foresees obvious
problems in assuming this appellate burden. A Tree Preservation Board could draw away
political "heat", but it may not be viable solution. With a balance of representative members
from the "concerned interests" the chair often casts the deciding vote. An expansion of the
Design Criteria manuals (see below) would be a first step acceptable to all parties.
If we are going to impose a design burden on developers, it is only fair to provide additional
design options. It is preferable for all parties to know the rules going in (my apologies to Ike
Schoop) than to develop an additional or alternate appeal process.
In order to allow for some flexibility in a design (to allow trees to be preserved) some of
the street design and subdivision requirements could be relaxed or revised. These new
standards could be added to the Design Criteria Manuals as the tools developers could
use. (Comments in italics)
· Minimum curve radius: Reduced to 100' (This allows you to avoid trees and more
easily provide a transportation path for a small parcel)
Recognize a curve of less than 200' radius as a de facto traffic-calming device. (This is
an attractive double duty solution)
· Tangent lengths (straight segments between curves):
For 200' to 150' radii curves, no tangent (straight) connection required to the next
turn (a straight section is needed to facilitate a change in direction or to notice a
sharp curve ahead.)
For radii of 150' to 100' the formula for successive curves (or to intersection) would
be:
Centerline radius + tangent section = 150'
(The incrementing addition of a no-turn section reduces the likelihood of a
"surprise".)
For residential lanes with curves less than 150', the curb to curb width would be
increased by 1' (Think ora moving van making a 100' radius turn)
Intersection Design: An increase to +/-15° from 90° angle for neighborhood to
neighborhood intersections provided the curb return radius and visibility area is
increased on the acute side. (This allows a course away from a protected tree and the
proviso reduces curb hopping by long trailers.)
Street slopes or grades: Permit grades to 12% on neighborhood streets...(FYI; some
natural grades at Timbers of Denton were 24%. Cut and fill operations kill trees, and it's
expensive on small sites)...provided a tangent section links vertical curves to grade if at
the top of a hill. (This provides visibility. I defer to the City's transportation engineers for
parameters at 12% grades)
Allow a 15% grade for shared or flag drives, provided the grade begins behind the
sidewalk. (Steeper grades are allowed on private drives)
Block Lengths: Increase the cul-de-sac length to 300' for lots less than 60' width and
allow up to 450' if a pedestrian area is provided at mid-block. Area for a future
connecting street may not substitute.
(The increased neighborhood interaction of pubfic space justifies the additional length.
Small sites often lack dimensions with a neat multiple of lots and double loaded streets.)
Cul-de-sac Design: For cul-de-sac blocks with lots 100' and wider, allow up to 900'
provided that a 40' wide pedestrian walk-through area is placed at roughly 300' intervals.
(This is precisely where a designer mitigates or preserves a Protected tree and spends
less on concrete)
For continued blocks with lots less than 100" wide, allow up to 1200' under the same
conditions.
Reduce the required diameter of pavement to 100' for all residential cul-de-sacs. (The
present standard produces a whopping 44% more runoff; a dual cab truck can still turn
around in 100')
Private drives and flag lots: Allow four houses per flag drive. (More efficient geometry
and less impermeable area.)
Sewer Design: Allow dead-end sewers to be terminated by a WAD (wastewater access
device) instead of manhole. (It costs less. Imagine a heavy duty, oversized clean-out for
jet trucks.)
Minimum Lot sizes For Subdivsions 2 Acres or less: Reduce the minimum lot size
allowing parity with larger tracts. For NR-4 to 6,000 feet and for NR-6 to 4,800 feet and a
minimum width of 44'. (The difficulty of preserving trees and placing homes on a small
site results in a lower yield of lots than on larger sites.)
Engineering for Small Parcels, Less than 5 acres: Spec the sewer with
plan and profile sheets. Charge a reasonable offsetting fee to determine if a drainage
study could be waived. Decline the service for offsite improvements or anything unusual.
(The City already builds the infrastructure for electric customers. A small site generally
requires just one or two branches of 8" sewer line. The city has software to do this
quickly with data from the applicant's surveyor. We're in the sewer utility business and
this is a simple thing. Engineers in private practice generally show tittle interest in these
small jobs; too many meetings may be required.)
SUP fee for Accessory Buildings: On small parcels, eliminate the fee if
constructed with a new dwelling and reduce it by half if not. (These units diversify the
renta/ inventory. The City shou/d encourage/oca/~and~orals to improve incrementally.
This gives increased use of existing infrastructure and higher ad va/orem appraisa/s.)
Make these design criteria available to small parcels less than ten acres and to larger
developments that preserve 15% of the canopy and oaks 18" DBH and bigger.
Of course, if these changes still provide for public safety, could they be applied to all
developments? Perhaps, they might be held in reserve until the developer has shown that trees
could not be spared with the standard criteria. This insures that some thou.qht has gone into
preservation. That seems to be what most of us would require of developers.
Thank you,
Rick Baria
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
January 20, 2004
Materials Management
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
ACM:
Kathy DuBose, Fiscal and Municipal Services ~'%
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a three-year
comract for the purchase of 69kV and 138kV instrumem transformers for DeNon Municipal
Electric; providing for the expenditure of funds therefore; and providing an effective date (Bid
3113-Three-Year Agreemem for Purchase of 69kV and 138kV Instrumem Transformers awarded
to Ritz Instrument Transformers, Inc. in the estimated amount of $145,000).
BID INFORMATION
The 2004-2008 Capital Improvemem Program includes projects that will require the purchase of
69kV and 138kV instrumem transformers. Transformers will be needed for the projects in the
Denton North, Iron Horse, Denton West, Hickory, and Fort Worth Drive stations. This bid will
also be used for the purchase of spare transformers, and for the replacement of any units that fail
during the agreement time period. Instrument transformers are necessary for transforming 69kV
and 138kV currents and voltages to levels that can be used for metering and for protective
relaying. Protective relaying, instrumentation, and ERCOT metering will not function without
the use of instrument transformers.
The specification stated that the bid would be awarded to one supplier on the basis of the total
price of a specific quantity of each type of instrument transformer. Notices of the bid were sent
to 21 vendors. Five bids were received, with one including an alternate. The bids are
summarized in Attachmem 1. The Alstom bid was disqualified for failure to provide the
required bid bond, but their bid information is shown for comparison. The ITEC bid was
incomplete because they did not provide a price for all the required instrumem transformers. The
alternate bid from Trench proposed using instrument transformers that use insulators that do not
meet the requirements of the specification. Ritz Instrument Transformers, Inc. was the lowest
responsible bid.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board will consider this item at its January 12, 2004 meeting.
RECOMMENDATION
We recommend award of this item to Ritz Instrument Transformers, Inc. in the estimated amount
of $145,000.
Agenda Information Sheet
January 20, 2004
Page 2
PRINCIPAL PLACE OF BUSINESS
Ritz Instrument Transformers, Inc.
Arlington, Texas
ESTIMATED SCHEDULE OF PROJECT
This is a three-year agreemem that will begin upon Council approval and terminate on January
20, 2007.
FISCAL INFORMATION
These items will be purchased as needed by the Demon Municipal Electric divisions.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
1-AlS-Bid 3113
Bid # 3113 Attachment 1
Date: 12/2/03
Three Year Agreement for Purchase of 69kV and 138kV Instrument
Transformers
~ Ritz % Preferrec ITEC % Priester
Trench Ltd. Alstom Kuhlman Electric Sales Supply
Business:
Manufacturer Trench Ltd. Kuhlman Electric Ritz [TEC
Bid Non
i 69kY CCVT
Responsive
2 60kY PT
3 60kY CT
4 138kY CCVT
s 138 kV PT
Bid P~l~e
6 1~8k¥ 12'1'
CASHIERS CASHIERS
7 Bid Bond YES NO YES
CHECK CHECK
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A THREE-YEAR
CONTRACT FOR THE PURCHASE OF 69KV AND 138KV INSTRUMENT TRANSFORMERS
FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3113-THREE-YEAR
AGREEMENT FOR PURCHASE OF 69KV AND 138KV INSTRUMENT TRANSFORMERS
AWARDED TO RITZ INSTRUMENT TRANSFORMERS, INC. IN THE ESTIMATED AMOUNT
OF $145,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such
items:
BID ITEM
NUMBER NO VENDOR AMOUNT
3113 All Ritz Instrument Transformers, Inc. Exhibit A
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees
to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION 3. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
SECTION 4. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
__ day of ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-BID 3113
Exhibit A
Bid # 3113
Date: 12/2/03
Three Year Agreement for Purchase of 69kV and
138kV Instrument Transformers
c/o Preferred Sales
JPrinciple Place of Business:
IManufacturer:_ Ritz
I7 Bid Bond CASHIERS CHECK
CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES
January 12, 2004
Draft
After determining that a quorum of the Public Utilities Board of the City of Demon, Texas
was presem, the Public Utilities Board convened imo an Open Meeting on Monday, January
12, 2004, 2003, at 9:00 a.m. in the Service Cemer Training Room, City of Demon Service
Center, 901-A Texas Street, Denton, Texas.
PRESENT:
John Baines, Bill Cheek, Yolanda Guzman, George Hopkins,
Charldean Newell, Dick Smith and Don White (Board Member John
Baines excused himself from the meeting at 11:45 a.m.)
EX OFFICIO MEMBERS
Michael Conduff, City Manager
Howard Martin, ACM/Utilities
EXCUSED:
CONSENT AGENDA
The staff recommends each of these items, and approval thereof will be strictly on the
basis of the staff recommendations. Approval of the Consem Agenda authorizes the
Assistam City Manager for Utilities or his designee to implemem each item in
accordance with the staff recommendations.
Listed below are bids or purchase orders to be approved for paymem under the Consem
Agenda. (Agenda Items 1, 2, 3 & 4). Detailed information is attached to each Consem
Agenda item. This listing is provided on the Consem Agenda to allow Public Utilities
Board Members to discuss or withdraw an item prior to approval of the Consent Agenda.
January 20, 2004, City Council Agenda Item #4C
1)
Consider approval of Bid No. 3116 to Friendship Construction Inc., for the
replacement construction of the 1 O-inch sewer line in Austin Street, in an amount
not to exceed $180,991.
January 20, 2004, City Council Agenda Item #4B
2)
Consider approval of Bid No. 3107 to Circle C Construction for the construction of
the Hickory Creek Basin Sanitary Sewer Replacemems and Liners project for
infiltration/inflow corrections, in an amount not to exceed $1,995,275.50.
January 20, 2004, City Council Agenda Item #4A
3)
Consider approval of the unit prices in Bid #3113 from Ritz Instrument
Transformers, Inc., Waynesboro, Georgia (c/o Preferred Sales, Arlington, Texas) to
enter a three-year agreement for the purchase of 69kV and 138kV instrument
transformers
4)
Consider approval of a Professional Services Agreement (PSA) with Booth, Ahrens
& Werkinthin, P.C. for legal representation related to water rights issues in an
amount not to exceed $50,000.
ITEMS FOR INDIVIDUAL CONSIDERATION:
Board Member Bill Cheek asked that Consent Agenda Item #4 be pulled for discussion of
the legal agreement.
Board Member Dick Smith moved to approve Items Consent Agenda items #1, 2
and 3, with a second from Board Member George Hopkins. The motion was passed
unanimously.
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
January 20, 2004
Materials Management
Questions concerning this
acquisition may be directed
to Charles Fiedler 349-8948
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the construction of Hickory Creek Basin Sanitary Sewer Replacements and Liners;
providing for the expenditure of funds therefore; and providing an effective date (Bid 3107-
Hickory Creek Basin Sanitary Sewer Replacements and Liners awarded to Circle C Construction
in the amount of $1,995,275.50).
BID INFORMATION
The Hickory Creek Basin Sanitary Sewer Replacements and Liners project consists of open cut,
lining, and pipe enlargement of approximately 25,030 linear feet of sanitary sewer lines ranging
in diameter from 6-inch to 27-inch. Also, approximately 60 existing manholes will be
rehabilitated. These sewer lines and manholes were identified for rehabilitation through smoke
testing, field observation, and closed circuit TV inspection.
The Hickory Creek Basin Infiltration/Inflow corrections included in this bid are part of the
ongoing projects mandated by the EPA Administrative order of 1999. The City has completed
these corrections in the Cooper Creek, Western Pecan and Middle Pecan Basins. Construction is
currently underway in the Eastern Pecan Basin for Infiltration/Inflow corrections. With the bids
received, construction can now proceed on the Hickory Creek Basin, which is the last sewer
basin to complete the Infiltration/Inflow corrections to comply with the administrative order.
Bids for the construction phase of this project were received on November 25, 2003. There were
three bidders, with bids ranging from a low base bid of $1,856,545.50 to a high base bid of
$2,811,668.50. There was one bid item included as an additive alternate to rehabilitate manholes
as part of this project. Including the one alternate, the bids ranged from $1,995,275.50 to
$2,918,628.50. Circle C Construction was the low bidder for the base bid, as well as the base bid
plus the additive alternate. Circle C Construction meets all the requirements for the qualified
low bidder for this project.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board will consider this item at its January 12, 2004 meeting.
Agenda Information Sheet
January 20, 2004
Page 2
RECOMMENDATION
We recommend award of this bid to Circle C Construction in the base bid plus alternate amount
of $1,995,275.50.
PRINCIPAL PLACE OF BUSINESS
Circle C Construction
Fort Worth, Texas
STAFF COST ESTIMATE
The engineer's estimate for the project was $2,662,000 for the base bid, and $2,787,000 for the
base bid plus the alternate.
ESTIMATED SCHEDULE OF PROJECT
This project is estimated to begin February 2004 with a completion date of August 2004.
FISCAL INFORMATION
Funding will be provided from account 640038540.1360.40100.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
1-AlS-Bid 3113
Bid # 3107 Attachment 1
Date: 11/25/03
Hickory Creek Basin Sanitary Sewer Replacements & Liners
~"o~r^'u=,ro~n ~,r~,e~on~ru~,on ~,~er~on~on~ru~,on
Principle Place of Business: Fort Worth, TX Fort Worth, TX Celina, TX
Subtotal Alternate
2 $108,420.00 $138,730.00 $106,960.00
No. 1
4 Bid Bond YES YES YES
6 Addendum 2 YES YES YES
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF HICKORY CREEK BASIN SANITARY SEWER
REPLACEMENTS AND LINERS; PROViDiNG FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (BID 3107-HICKORY CREEK BASIN
SANITARY SEWER REPLACEMENTS AND LINERS AWARDED TO CIRCLE C
CONSTRUCTION IN THE AMOUNT OF $1,995,275.50).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
3107 Circle C Construction $1,995,275.50
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of .,2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-Bid 3107
CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES
January 12, 2004
Draft
After determining that a quorum of the Public Utilities Board of the City of Demon, Texas
was presem, the Public Utilities Board convened imo an Open Meeting on Monday, January
12, 2004, 2003, at 9:00 a.m. in the Service Cemer Training Room, City of Demon Service
Center, 901-A Texas Street, Denton, Texas.
PRESENT:
John Baines, Bill Cheek, Yolanda Guzman, George Hopkins,
Charldean Newell, Dick Smith and Don White (Board Member John
Baines excused himself from the meeting at 11:45 a.m.)
EX OFFICIO MEMBERS
Michael Conduff, City Manager
Howard Martin, ACM/Utilities
EXCUSED:
CONSENT AGENDA
The staff recommends each of these items, and approval thereof will be strictly on the
basis of the staff recommendations. Approval of the Consem Agenda authorizes the
Assistam City Manager for Utilities or his designee to implemem each item in
accordance with the staff recommendations.
Listed below are bids or purchase orders to be approved for paymem under the Consem
Agenda. (Agenda Items 1, 2, 3 & 4). Detailed information is attached to each Consem
Agenda item. This listing is provided on the Consem Agenda to allow Public Utilities
Board Members to discuss or withdraw an item prior to approval of the Consent Agenda.
January 20, 2004, City Council Agenda Item #4C
1)
Consider approval of Bid No. 3116 to Friendship Construction Inc., for the
replacement construction of the 1 O-inch sewer line in Austin Street, in an amount
not to exceed $180,991.
January 20, 2004, City Council Agenda Item #4B
2)
Consider approval of Bid No. 3107 to Circle C Construction for the construction of
the Hickory Creek Basin Sanitary Sewer Replacemems and Liners project for
infiltration/inflow corrections, in an amount not to exceed $1,995,275.50.
January 20, 2004, City Council Agenda Item #4A
3)
Consider approval of the unit prices in Bid #3113 from Ritz Instrument
Transformers, Inc., Waynesboro, Georgia (c/o Preferred Sales, Arlington, Texas) to
enter a three-year agreement for the purchase of 69kV and 138kV instrument
transformers
4)
Consider approval of a Professional Services Agreement (PSA) with Booth, Ahrens
& Werkinthin, P.C. for legal representation related to water rights issues in an
amount not to exceed $50,000.
ITEMS FOR INDIVIDUAL CONSIDERATION:
Board Member Bill Cheek asked that Consent Agenda Item #4 be pulled for discussion of
the legal agreement.
Board Member Dick Smith moved to approve Items Consent Agenda items #1, 2
and 3, with a second from Board Member George Hopkins. The motion was passed
unanimously.
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
January 20, 2004
Materials Management
Kathy DuBose, Fiscal and Municipal Services
Questions concerning this
acquisition may be directed
to Charles Fiedler 349-8948
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the construction of Austin Street Sewer Improvements; providing for the expenditure
of funds therefore; and providing an effective date (Bid 3116-Austin Street Sewer improvements
awarded to Friendship Construction, inc. in the amount of $180,991).
BID INFORMATION
This project includes open cut construction of 2050 feet of 10-inch, and 284 feet of 8-inch sewer
lines in Austin Street between Hann and Oakland Streets. These sewer lines are deteriorated and
were originally included in the Wastewater CiP as part of the Replace Sewer Lines - TWU N.
Sewer & Austin Street project. The TWU N. Sewer portion of the project was awarded to Texas
Electric Utility Construction in the amount of $95,102 on July 15, 2003.
The Austin Street sewer project bids were received on December 18, 2003. There were five
bidders. Bids ranged from the low bid of $180,991 to the highest bid of $312,498. Friendship
Construction, inc. meets all requirements to qualify as the low bidder for the project.
PRIOR ACTION/VIEW (COUNCIL~ BOARDS~ COMMISSIONS)
The Public Utility Board will consider this item at its January 12, 2004 meeting.
RECOMMENDATION
We recommend award of Bid 3116 to Friendship Construction, inc. in the amount of $180,991.
PRINCIPAL PLACE OF BUSINESS
Friendship Construction, inc.
Fort Worth, Texas
STAFF COST ESTIMATE
The engineer's estimate for this project was $199,000.
Agenda Information Sheet
January 20, 2004
Page 2
ESTIMATED SCHEDULE OF PROJECT
Construction will be completed within 90 working days after a notice to proceed is issued.
FISCAL INFORMATION
Funding for this project will be provided from 640065540.1360.40100.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
1-AlS-Bid 3113
Bid # 3116 Attachment 1
Date: 12/18/03
Austin Street Sewer improvements
~ Wilson Contracti n~ R-Con, In c~ _ Friendship...~' _ Dickerson...~. Pat co Utilities, In c~
L, ons[rua[ion, ina. L, ons[rua[ion, ina.
Principle Place of Business: Denton, TX irving, TX Fort Worth, TX Celina, TX Grand Prairie, TX
iiiiiiiiiiiiiiiiii ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Total Base Bid Plus
2 NA NA NA NA NA
Alternate # 1
Addendum I YES YES YES YES YES
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF AUSTIN STREET SEWER IMPROVEMENTS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (BID 3116-AUSTIN STREET SEWER IMPROVEMENTS AWARDED TO
FRIENDSHIP CONSTRUCTION, INC. IN THE AMOUNT OF $180,991).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
Friendship Construction, Inc.
3116 $180,991
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of .,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD- Bid 3116
CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES
January 12, 2004
Draft
After determining that a quorum of the Public Utilities Board of the City of Demon, Texas
was presem, the Public Utilities Board convened imo an Open Meeting on Monday, January
12, 2004, 2003, at 9:00 a.m. in the Service Cemer Training Room, City of Demon Service
Center, 901-A Texas Street, Denton, Texas.
PRESENT:
John Baines, Bill Cheek, Yolanda Guzman, George Hopkins,
Charldean Newell, Dick Smith and Don White (Board Member John
Baines excused himself from the meeting at 11:45 a.m.)
EX OFFICIO MEMBERS
Michael Conduff, City Manager
Howard Martin, ACM/Utilities
EXCUSED:
CONSENT AGENDA
The staff recommends each of these items, and approval thereof will be strictly on the
basis of the staff recommendations. Approval of the Consem Agenda authorizes the
Assistam City Manager for Utilities or his designee to implemem each item in
accordance with the staff recommendations.
Listed below are bids or purchase orders to be approved for paymem under the Consem
Agenda. (Agenda Items 1, 2, 3 & 4). Detailed information is attached to each Consem
Agenda item. This listing is provided on the Consem Agenda to allow Public Utilities
Board Members to discuss or withdraw an item prior to approval of the Consent Agenda.
January 20, 2004, City Council Agenda Item #4C
1)
Consider approval of Bid No. 3116 to Friendship Construction Inc., for the
replacement construction of the 1 O-inch sewer line in Austin Street, in an amount
not to exceed $180,991.
January 20, 2004, City Council Agenda Item #4B
2)
Consider approval of Bid No. 3107 to Circle C Construction for the construction of
the Hickory Creek Basin Sanitary Sewer Replacemems and Liners project for
infiltration/inflow corrections, in an amount not to exceed $1,995,275.50.
January 20, 2004, City Council Agenda Item #4A
3)
Consider approval of the unit prices in Bid #3113 from Ritz Instrument
Transformers, Inc., Waynesboro, Georgia (c/o Preferred Sales, Arlington, Texas) to
enter a three-year agreement for the purchase of 69kV and 138kV instrument
transformers
4)
Consider approval of a Professional Services Agreement (PSA) with Booth, Ahrens
& Werkinthin, P.C. for legal representation related to water rights issues in an
amount not to exceed $50,000.
ITEMS FOR INDIVIDUAL CONSIDERATION:
Board Member Bill Cheek asked that Consent Agenda Item #4 be pulled for discussion of
the legal agreement.
Board Member Dick Smith moved to approve Items Consent Agenda items #1, 2
and 3, with a second from Board Member George Hopkins. The motion was passed
unanimously.
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
January 20, 2004
Solid Waste
Howard Martin, 349-8232 ~
SUBJECT
Consider approval of a resolution of the City of Demon, Texas authorizing the City Manager to
execute a first amended lease agreement by and between the City of Denton, Texas and Denton
County Archers, a Texas not-for-profit corporation; and providing for an effective date.
BACKGROUND
The Demon County Archers have been leasing a portion of the Mosely Road (former City
landfill) property since August 1993. The Demon County Archers wished to cominue to lease
the property. A more extensive, new first amended lease agreement to meet the Tenant's and the
City's currem needs, has been developed by staff. The initial term of the new lease will be for
three (3) years, with an option to renew the lease for an additional three (3) years. If Tenam
desires to exercise the additional three (3) year option, and is not in default in its performance of
the terms of the lease, then the City may increase the remal up to 25% for the said three (3) year
renewal term.
RECOMMENDATION
Staff recommends approval of the new First Amended Lease Agreement.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The City Council passed Resolution No. R93-046A on August 17, 1993 authorizing the City
Manager to execute a Lease Agreement between the City and Denton County Archers, a not for
profit Texas corporation.
FISCAL INFORMATION
Rem has been increased from $1 per year to $600 per year.
EXHIBITS
Resolution
Lease Agreement
Respectfully submitted,
A. Vance Kemler
Director of Solid Waste
RESOLUTION NO. R2004-
A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORJZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDED LEASE AGREEMENT BY AND
BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY ARCHERS, A
TEXAS NOT-FOR-PROFIT CORPORATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Manager is hereby authorized to execute a "First Amended
Lease Agreement" by and between the City of Denton, Texas, a Texas municipal corporation as
Lessor, and the Denton County Archers, a Texas not-for-profit corporation, as Lessee, for a term
of three (3) years, regarding certain real property owned by the City which is described therein; a
copy of which First Amended Lease Agreement is attached hereto as Exhibit "A" and
incorporated by reference herewith.
SECTION 2. That this resolution shall become effective on August 18, 2003, and is
hereby ratified and confirmed effective that date.
PASSED AND APPROVED this the 20th day of January, 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By: ~~...'~ ~:] ~)
S:\Our Doeuments~t. esolutionsX03\Denton County Archers - Lease - Resolution - 2003.do¢
EXHIBIT 1
THE STATE OF TEXAS
COUNTY OF DENTON
FIRST AMENDED LEASE AGREEMENT
TInS FIRST AMENDED LEASE AGREEMENT is executed and entered into as of
the 18th day of August, 2003, hereafter the "F~ective Date" by and between the City of Denton,
Texas, a home rule municipal corporation (the '~andlord") and Denton County Archers, a not for
profit Texas corporation (the '°Tenant') upon the following terms and conditions:
WHEREAS, this First Amended Lease Agreement ("Agreement") ' replaces, amends? and
supercedes that certain Lease Agreement entered into by Landlord and Tenant on the 17m day of
August, 1993; and
WHEREAS, notwithstanding that this First Amended Lease Agreement has been ~gned
and approved after August 18, 2003, Landlord and Tenant desire and agree that the effective' date
of this Agreement is to be mated, for aH purposes, as August 18, 2003; and
WI~,REAS, this First Amended Lease Agreement, by its provisions, takes into account
the present circnmnances as well as the desires of both the Landlord and Tenant respecting the
Property described below in Paragraph 1.
NOW, TltEREFORE, in consideration of the premises and the mutual covenants and
agreements contained herein, the Landlord and Tenant hereby AGREE to the following terms
and conditions:
1. I.F. ASE GRANT. For and in consideration of the premises, covenants and
agreements provided in this Agreement, Landlord has this day leased and demi~d unto Tenant
that certain 10.155 acre tract located within the R.L Mosely Survey, Abstract No. 803, in and for
Denton County, Texas, hereinat~er referred to herein as the "Property;" said Property being
situated in the City of Crossroads, Denton County, Texas; and said real property being located
North of Tipps Road; and being .more particularly described in Exhibit "A" attached hereto~ and
incorporated herewith by reference. The Landlord and Tenant further agree that the Property
described in their previous Lease Agreement shall be expanded and supplemented by the addition
of a one thousand foot (1,000') wide buffer zone that shah run along the entire Northemimost
boundary line of the Property, which additional tract will be available for Tenant's usage just the
same as the Property described in Exlu~oit "A." Landlord and Tenant agree that the
Northern-most boundary line of the Property, after taking into account the 1,000 foot wide buffer
zone, will accordingly be marked by Landlord by its installation of a minimum of five (5) clearly
visible comer posts.
EXHIBIT 2
2. LEASE PIIRPOSF_~ The lease of this Property shall be for the purpose of
constructing and maintaining an archery range. Only members of Tenant, their guests and visitors
shall be permitted upon the Property. Tenant agrees that no permanent structures will be placed
or built on any area of the Property. Tenant agrees that it will not place storage trailers or other
aimilar temporary storage fac'titles upon the Property without the express advance written
approval of the Landlord.
3. TERM. The lease term (the '°term") of this Agreement shall be for
three (3) years, commencing, effective on August 18, 2003 and expiring on August 18, 2006.
Landlord, however retains the absolute right to terminate this Agreement upon giving Tenant
thirty (30) days written notice of termination. In the event of termination of this Agreement by
Landlord, Tenant shall remove all improvements made by Tenant dtuing the Agreement within
said thirty (30) day notice period. In the event of termination ofthig Agreement upon thirty (30)
days written notice by Landlord, Landlord shall refund any unearned rent paid by Tenant,
conditioned, however, upon the Property inspection of the Landlord, which will be conducted
within ten (10) days following Tenant's surrender of possession of the Property, revealing no
material damage to the Property.
4. SECURITY DEPOSIT. Landlord does not require that Tenant pay to
Landlord a security deposit under this Agreement.
5. RENT~ Tenant shall pay rent to Landlord, at the address specified herein
for notices to the Landlord in Paragraph 17 herein, without any offset or deduction, regarding the
Property at the rate of $600.00 per year. The first $600.00 payment of. rent shall be due and
payable on January I, 2004 and shall cover the period from August 18, 2003 to August 17, 2004.
The second $600.00 payment of rent shall be due and payable on August 1, 2004 and shall cover
the period from August 18, 2004 to August 17, 2005. The third and final $600.00 payment of
rent shall be due and payable on August 1, 2005 and shall cover the period from August 18, 2005
to August 17, 2006.
6. OPTION TO RENEW. Provided that Landlord has not earlier terminated
thin Agreement as permitted in Paragraph 3 above, and further provided that Tenant is not in
default with respect to the terms and provisions of this Agreement, Tenant sliall have the option
to notify the Landlord, in writing, within the period beghming one hundred and twenty (120)'days
and ending sixty (60) days prior to the end of the three (3) year term provided by this Agreement,
that Tenant desires to extend the terms of this Agreement for an additional thxee (3) year temx
All provisions of this Agreement, save and except the rent obligation, shall be the same. Landlord
shall detei-i::ine the amount of rent that is to be charged to Tenant within thirty. (30) days after
notification by Tenant and shall communicate that amount to Tenant, in writing. Tenant shall then
consider such rental amount and shah notify Landlord, in writing, within fifteen (15) days after the
receipt of notice from Landlord, about whether Tenant desires to consummate the renewal of the
Agreement, considering the amount of rental established by the Landlord. It is agreed between
Landlord and Tenant that with respect to the option to renew provided by this paragraph, that in
no event shall Landlord increase the rental amount for such option to an amount greater thanr25%
over the snnual rental of $600.00 set forth in Paragraph 5 herein. Conversely, the Landlord and
Tenant further agree that in no event shall the rental amount for such option be less than the
mount stated in Paragraph 5, above, $600.00 per year.
7. TENANT'S RESPONSIBILITIES. In return for Landlord's lease of the
Property, the Tenant agrees to provide the following services, to wit:
A. Post at least four (4) signs that are readable from at least 100', on the gate and the
perimeter fence line of the frontage road, identifying the name of the Tenant and notif~g the
public that the land is posted, no trespassing.
B. Require that all persons on the Property be either club members (Denton County Archers),
or visitors or guests of club members. All visitors or guests of club members shall be
accompanied at all times by club members. Only club members, visitors or guests of club
members are permitted upon the Property. Tenant shall be solely responsl~ole for instructing all
club members, visitors or guests respecting safety.
C. Tenant is responsible for all site maintenance.
D. In no event shall the old City of Denton landfill soil cover be disturbed by Tenant,
Tenant's guests or visitors.
E. Tenant is solely responsible for providing security for the Property. Tenant is solely
responsible for maintaining a locked gate entering the Property. Tenant shah provide Landlord
with a copy of the lock's key. Tenant and Landlord shall provide separate locks for the gate.' The
Tenant will not lock the Landlord out.
F. Tenant shall maintain the chain-link fence that currently fronts along Tipps Road.
G. Tenant shall prohibit anyone from possessing a firearm and/or incendiary device on the
Property.
H. Tenant agrees to make a monthly inspection of the Property and fitrther agrees to
promptly report any unauthorized use, any unusual erosion, any unusual odors, or any other
hazards to the Landlord.
I. Tenant shall construct and maintain a roadway from the present entrance to the Property,
to the area or areas planned for utilization on the Property.
Tenant shall prOvide to Landlord, an updated list of its organization's officers and
directors, as well as Tenant's point of contact, at least annually.
K. Tenant shall be responsible for arranging for any temporary utility service to the Property,
together with all costs of said utilities.
L. Tenant shall be responsible for keeping .the Property picked up and clean at all times.
Tenant shall be responsible for promptly hauling away any refuse or trash from the premises, all at
Tenant's expense.
M. At the termination of the term of this Agreement, or any extension thereof; Tenant shah
surrender the Property to Landlord, in the same condition as it existed on the first day of the
Agreement, subject however, to allowance for reasonable wear, tear and deterioration.
8. TENANT'S RIGHTS.
the Property.
Tenant is granted the authority to control access to
9. HOURS OF OPERATION~ Operating hours for the Property shall be only from one-half
hour before simrise and one-half hour aRer sunset, for aH weekdays, except Thursday. On each
Thursday, the operating hours shall be from on~-halfhour before sunrise until 10:00 p.nz Any
request extension of operating hours or any request for overnight usage will require the advance
written approval of the Landlord.
10. CONDITION OF PROPERTY~ Tenant hereby acknowledges that it has inspected
the Property and accepts and approves of the Property in it present "AS IS" and '~NITH ~L
FAULTS" condition, subject to any and all roads, fight-of-way, electric transmission lines, other
ut'flity lines or pipes, and all visible and recorded easements. LANDLORD HAS NOT, AND
DOES NOT, AND WILL NOT MAKE ANY WARRANFIES, REPRESENTATIONS, OR
GUARANTEES, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW,
INCLUDING, BUT IN NO WAY LIMITED TO, ANY USE, OR ANY WARRANTY OF
CONDITION, MERCHANTABILITY, OR HABITABILITY.
11. INDEMNWICATION. Tenant shall occupy and use the Property at Tenant's sole
risk. Tenant shall indenmifij Landlord and hold Landlord harmless of and from any and all claim.q,
actions, damages, liabilities, losses, and expenses, including without limitation, reasonable
attorney's fees, incurred or paid in connection with any personal injuries or property damage
derived from or out of the occupancy or the use of the Property by Tenant, or occasioned in
whole or in part by.any act or omission of Tenant or Tenant's agents, servants, invitees, licensees,
or employees, whether or not the damage arises from Landlord's negligence.
12. l~5~]~L~. Tenant shall procure and maintain, at its sole cost and expense
throughout the Term of this Agreement, a policy or policies of insurance, issued by an insurance
company licensed in the State of Texas by the Texas Insurance Board, and rated at least "A-" by
A.M. Best rating service, insuring both Landlord and Tenant against all claims, demands, or
actions ari~g out of or rehting to the Property or the condition of the Property, in an amount
not less than $1,000,000, per occurrence. Tenant shall famish to Landlord a copy or copies of
policies, and receipts evidencing payment of p!emiuma therefore, prior to the commencement of
this Agreement. Not less than fifteen (15) days before the expiration date. of any policies, copies
of the renewals thereof (bearing notations evidencing payment of renewal premiums) shah be
delivered to Landlord. Each policy shall provide that not less than thirty days (30) days' written
notice must be given to Landlord before any policy may be canceled or changed to reduce the
insurance provided by it.
13. ASSIGNMENT AND SUBLETTING~ Tenant shall not sublet or assign all or any
portion of this Agreement or the Property, or any interest therein, without the prior written
consent of Landlord. Any assi~ment or subletting in violation of this paragraph shall be void.
14. LANDLORD'S ACCESS TO TI-W. PROPERTY. It is expressly agreed that Landlord
shall have the right to enter onto the Property at any time to inspect the condition of the Pr°Petty,
the use thereof; or for any other lawful purpose. LandlOrd shall also have the right to enter the
Property at any time in order to make repairs or irt.re, rovements to the Property or to adjoining
property owned by the Landlord. Tenant shall provide Landlord with a key to each lock, or the
combination to each lock, that may be pIaced upon any gate upon the Property, so that the
Property is always accessible to the Landlord. :
15. DEFA~T~ Tenant shall be ia default under this Agreement if:
A. Tenant fails to pay any rent payment due under this Agreement within fifteen (15) days of
its due date; or
B. Tenant fails to comply with any term, condition, or covenant of this Agreement, and that
f~ure is not cared within fffieen (15) days at~er written notice is issued to Tenant.
16. lgZ, MTe, DJF_~ On the occurrence of any default under this Agreement, Landlord
may enforce the performance of this Lease in any manner provided by law, in equity, Or as
specifically provided in this Agreement. At no time shall Landlord be obligated to relet the
Property, or to relet the property for a sum equal to or greater than the rent specified herein,
Tenant hereby specifically waives any claim that Tenant may have with respect to any obligation
of Landlord to mitigate its damages in the event of Tenant's default hereunder. In particular, but
without limitation, Landlord shall have the option to pursue any one or more of the following
remedies without any notice of demand whatsoever:
A. Terminate this Agreement. In this case Tenant shall immediately surrender the Property to
Landlord. However, if Tenant fails to surrender the Property to Landlord, Landlord may, without
prejudice to any other remedy which Landlord may have for possession of the Property or for
arrearage in rent or any sum due hereunder, enter upon and take possession of the Property and
remove Tenant and any other person who may be occupying the Property, or any part thereof; or
B. Enter upon the Property, without terminating, this Agreement. Landlord shall not be liable
for prosecution for any claim for damages, and Landlord may do whatever Tenant is obligated to
do under the terms of this Agreement. Tenant shall reimburse Landlord, on demand, for all
expenses that Landlord incurs in effecting compliance with Tenant's obligations under thin
Agreement, together with interest thereon at the maximum rate allowable by law from the date
expended until paid.
Pursuit of any of the foregoing remedies shall not preclude Landlord's pursuit of any other
remedy herein provided or any other remedies provided by law, nor shall pursuit of any remedy
herein constitute a forfeiture or waiver of any rent due to Landlord hereunder or of any damages
accruing to Landlord, by reason of the violation of the terms, provisions, and covenants herein
contained. The fights and privileges given to Landlord in this paragraph shall be cutmflative ot~
and without prejudice to, any rights or remedies given to Landlord by law to procure possession,
or to enforce the payment of rent, or performance of the other covenants hereof. No waiver by
Landlord of any violation or breach of any of the terms, provisions, and covenants herein
contained shall be deemed or construed to constitute a waiver of any other or future violation of
breach of any of the provisions, conditions, or covenants herein.
17. NOTICES. Any notice or other written letter or instrument required or permitted to be
delivered under the terms of this Agreement shall be deemed to have been delivered, whether
actually received or not, when deposited in the United States mail, postage prepaid, registered or
certified, remm receipt requested, addressed to the Landlord or Tenant, as the case may be, at the
following addresses:
LANDLORD:
TENANT:
CITY OF DENTON, TEXAS
Attention: City Manager
215 East McKinney Street
Denton, Texas 76201
Fax: (940) 349-8596
Telephone: (940) 349-8307
DENTON COUNTY ARCHERS
Attention: ~e.v~u ~-
Fax: (940)
TeI~hone: (940) 3 M -S ~ 9 3
and
CITY OF DENTON, TEXAS
Attention: Director of Solid Waste Dept.
1527 South Mayhill Road
Denton, Texas 76208
Telephone: (940) 349-8044
18. MISCEIJJANEOUS PROVISIONS:
A. Compliance With The Law. Tenant shall at Tenant's sole cost and expense, obtain the
necessary license and permits required to conduct Tenant's activities on the Property. Tenant
shall also comply with all governmental laws, ordinances, resolutions, and regulations applicable
to the Property, or Tenant's use thereof.
B. Independent Contractor. Tenant is acting as a not for profit corporation and as an
independent contractor respecting this Agreement, and is not an employee, officer or agent of the
Landlord.
C. No Waiver. No waiver by either party hereto of any default under this Lease shall be
deemed to be a waiver of any subsequent default of the same, of any other term, condition, or
covenant contained in this Agreement.
D. Governing Law/Venue. This lease shall be governed by and construed in accordance
with the laws of the State of Texas. Any and all suits brought for the enforcement of this
Agreement, or breach of this Agreement, or for any other cause of action brought pursuant tO this
Agreement shall be brought in the courts of Denton County, Texas.
E. Invalid Provisions. Should any provision of this Agreement been deemed or found to
be invalid by any legislative, administrative, or judicial body, or for any other reason whatsoever,
the other provisions of the Agreement shall remain in full force and effect, and shall be unaffected
by such declaration of invalidity.
K ~ This Agreement and all exhibits attached hereto, if any, contain the entire
agreement between the Landlord and the Tenant with respect to the subject matter herein, and
may not be altered, morlified, changed, anmflled, or amended in any manner without the written
consent of both parties.
G. ~ The effective date of this Agreement shall be the 18th day of
August, 2003, for all purposes.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Agreement in three
(3) original counterparts, by their duly authorized officers and representatives, on this the
da5' of December, 2003.
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
Michael A. Conduff
City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
'WENANT'
DENTON COUNTY ARCHERS
A Texas blot For Profit Corporation
Its
ATTEST:
EXHIBIT "A'
FIELD NOTE S
All that certain lot, tract or parcel of land situated in the KJ. Mosely Survey, Abstract No. 803, in
Denton County, Texas and being part of a called first tract and part of a called third tract in a
deed from S.O. Tipps, et ux to the City of Denton on the 2na day of December, 1960. and
recorded in volume 462, Page 465 of the Deed Records of Denton County, Texas and being more
particularly described as follows:
BEGINNING at the southwest comer of said first tract in the center of Tipps Road;
THENCE north 0° 51' 32" west a distance of 520.0 feet to a point for comer;
THENCE north 89° 08' 28" east a distance of 575.16 feet to a point for comer;
THENCE north 0° 47' 30" east a distance of 398.79 feet to a point for comer;
THENCE south 89° 12' 30" west a distance of 200.0 feet to a point for comer;
THENCE south 0° 47' 30" west a distance of 429.86 feet to a point for comer;
THENCE north 89° 12" 30" west a distance of 19.5 feet to a point for comer;
THENCE south 18° 11' 54" west a distance of 231.39 feet to a point for comer;
THENCE south 13° 22' 09" west a distance of 86.81 feet to a point for comer;
THENCE south 5° 50' 56" west a distance of 197.86 feet to a point inthe center of
Tipps Road for corner;
THENCE noah 89° 26' 59" west a distance of 634.88 feet to the Point of Beg/nning and
containing 10.155 acres of land.
FURTHER TRACT:
The Property descn'bed above shall also include an additional tract of land, which is a 1000' wide
buffer zone, and which buffer zone abuts along the entire Northern-most boundary line of the
above-descn~ocd 10.155 acre tract of land.
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
January 20, 2004
Materials Management
Questions concerning this
acquisition may be directed
to Scott Payne 349-7836
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider approval of an Ordinance accepting competitive proposals and awarding a comract for
the purchase of Group Term Life and Accidemal Death and Dismembermem coverage for City
employees; providing for the expenditure of funds therefore; and providing for an effective date
(RFP 3121-Employee Term Life Insurance awarded to ING/Reliastar in the estimated amoum of
$100,000).
PROPOSAL INFORMATION
Since 1993, the City of DeNon has provided Group Term Life Insurance and Accidemal Death
and Dismembermem (AD&D) coverage to its employees. The most recem Group Term Life
Insurance and AD&D contract was awarded to ING/ReliaStar effective February 1, 1999, with
options for three one-year renewals. Through Request for Proposal (RFP) #3121, the City of
Denton received proposals for the City's Group Term Life Insurance and AD&D to be effective
February 1, 2004. Working with the City's insurance consultam (McGriff, Seibels and
Williams), staff evaluated and analyzed the proposals submitted by the following:
ING/ReliaStar quoted $0.15 per $1,000 of payroll for Life and $0.02 per $1,000 of payroll for
AD&D. ING/ReliaStar is the incumbem Group Term Life Insurance carrier.
Aetna quoted $0.14 for Life and $0.03 for AD&D.
AIG quoted $0.16 for Life and $0.02 for AD&D.
Unimerica quoted $0.16 for Life and $0.03 for AD&D.
Mutual of Omaha quoted $0.16 for Life and $0.03 for AD&D.
Cigna quoted $0.164 for Life and $0.028 for AD&D.
Met Life quoted $0.16 for Life and $0.048 for AD&D.
Unum quoted $0.21 for Life and $0.02 for AD&D. Unum is the City's currem Long Term and
Short Term Disability carrier.
Reliance Standard quoted $0.19 for Life and $0.05 for AD&D.
Agenda Information Sheet
January 20, 2004
Page 2
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
Pursuant to Ordinance No. 98-438, the City Council awarded a contract for Group Term Life
Insurance and AD&D to ING/ReliaStar for a period of one year with three one-year options to
renew. The first year commenced on February 1, 1999 and ended January 31, 2000. The Group
Term Life Insurance and AD&D contract was renewed with ING/ReliaStar in each of the
renewal periods with the final renewal expiring on January 31, 2004.
RECOMMENDATION
We recommend award of this item to ING/Reliastar in the estimated amount of $100,000.
PRINCIPAL PLACE OF BUSINESS
ING/Reliastar
Addison, Texas
ESTIMATED SCHEDULE OF PROJECT
The contract will begin February 1, 2004, with options for three additional one-year renewals,
based upon the City of Denton's loss history.
FISCAL INFORMATION
Funding for this item will come from account 911001.6716.
Attachment 1: Cost Analysis
1-AlS-RFP 3121
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1
RFP #3121
Life Insurance/Accidental Death and Dismemberment Cost Comparison
ESTIMATED ANNUAL
COST TO CITY (BASED ON
AN ESTIMATED ANNUAL
PAYROLL AMOUNT OF
RES PON DE NT $48,280,112) COM M ENTS
ING/ReliaStar's proposal results in an
ING/ReliaStar approximate 13.37% rate increase and are
Plane, Texas $98,491 the incumbent carrier.
Aetna Aetna's proposal results in an approximate
Dallas, Texas $98,491 13.37% rate increase.
AIG AIG's proposal results in an approximate
Dallas, Texas $104,285 20.04% rate increase.
Unimerica Unimerica's proposal results in an
Plane, Texas $110,079 approximate 26.71% rate increase.
Mutual of Omaha Mutual of Omaha's proposal results in an
Omaha, Nebraska $110,079 approximate 26.71% rate increase.
Cigna Cigna's proposal results in an approximate
Irving, Texas $111,237 28.04% rate increase.
Met Life Met Life's proposal results in an approximate
Dallas, Texas $120,507 38.71% rate increase
Unum Unum's proposal results in an approximate
Addison, Texas $133,253 53.38% rate increase.
Reliance Standard Reliance Standard's proposal results in an
Dallas, Texas $139,047 approximate 60.05% rate increase
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A
CONTRACT FOR THE PURCHASE OF GROUP TERM LIFE AND ACCIDENTAL DEATH
AND DISMEMBERMENT COVERAGE FOR CITY EMPLOYEES; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE
(RFP 3121-EMPLOYEE TERM LIFE INSURANCE AWARDED TO ING/RELiASTAR IN THE
ESTIMATED AMOUNT OF $100,000).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the purchase of Group Term Life and Accidental Death and Dismemberment coverage in accordance
with the procedures of STATE law and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFSP
NUMBER CONTRACTOR AMOUNT
3121 ING/Reliastar Exhibit A
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal invitations,
Proposals, and related documents.
SECTION 3. That should the City and person submitting approved and accepted items and
of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. That by acceptance and approval of the above numbered items of the submitted
proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in
accordance with the approved proposals or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of .,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-RFP 3121
EXHIBIT A
RFP 3121
Vendor
ING/Reliastar
ING/Reliastar
Coverage
Life Insurance
Accidental Death and Dismemberment
Price
$0.15 per $1000 of payroll
$0.02 per $1000 of payroll
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
January 20, 2004
Materials Management
Kathy DuBose, Fiscal and Municipal Services
Questions concerning this
acquisition may be directed
to Jim Coulter 349-7194
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a comract for the
purchase of Street Milling Service for the maintenance and repair of City streets; providing for
the expenditure of funds therefore; and providing an effective date (Bid 3126-Street Milling
Service awarded to Dustrol, Inc. in the estimated amoum of $210,000).
BID INFORMATION
This bid is for an annual contract for the rental of street maintenance equipment with qualified
operators. This equipment is primarily used in the renovation of existing asphalt streets. The
process consists of milling to a smooth surface, sweeping debris, heating the asphalt, scarifying
the asphalt, and mixing old asphalt with new and relaying the pavemem. We have used this
method successfully for several years. The City of DeNon furnishes support services such as
supervision, trucking, and traffic control.
RECOMMENDATION
We recommend award of this item to Dustrol, Inc. in the estimated amount of $210,000.
PRINCIPAL PLACE OF BUSINESS
Dustrol, Inc.
Roanoke, Texas
ESTIMATED SCHEDULE OF PROJECT
This is an annual agreement with the option to extend the contract for an additional year with no
changes to the pricing, terms or conditions.
FISCAL INFORMATION
Funding for this service will be charged to the appropriate departmem, or capital project as it is
used.
Agenda Information Sheet
January 20, 2004
Page 2
Attachment 1: Bid Tabulation
1-AlS-Bid 3113
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Bid #: 3126 Attachment 1
Date: 12/30/03
Street Hilling Service
All Tex Pavin~ Dustro=~
Principle Place of Business: Dallas, TX Roanoke, TX
r,,lilli~g f,4 a ~ine ~a~k ~,/~e
Mobilization charge to
include delivery & pick up as
lA Each well as loading & unloading $1,000.00 $1,500.00
as required. One time
charge per activation.
Hobilization charge to
include delivew & pick up as
2A ~ach well as Ioadin~ & unloadin~ $500.00 $250.00
as required. One time
charge per activation.
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF STREET MILLING SERVICE FOR THE MAINTENANCE AND REPAIR
OF CITY STREETS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 3126-STREET MILLING SERVICE AWARDED TO
DUSTROL, INC. IN THE ESTIMATED AMOUNT OF $210,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such
items:
BID
NUMBER VENDOR AMOUNT
3126 Dustrol, Inc. Exhibit A
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees
to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION 3. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
SECTION 4. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
__ day of ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-Bid 3126
Bid #: 3126
Date: 12/30/03
Street Milling Service
Exhibit A
Dustrol, [nc.
Principle Place of Business:
I Mobilization charge to
I include delivery & pick up as
I lA Each well as loading & unloading
I as required. One time
Icharge per activation.
iI Mobilization charge to
I include delivery & pick up as
12^ Each well as loading & unloading
I as required. One time
Icharge per activation.
I Shipment
Roanoke, TX
$1,500.00
$250.00
AGENDA INFORMATION SHEET
AGENDA DATE: January 20, 2004
DEPARTMENT:
CM:
Economic Development
Mike Conduff//~/~
SUBJECT
Consider adoption of an ordinance authorizing the sale of property located within Block 6, Jasper
Addition, City of Denton, Texas. More commonly known as 634 E. Prairie Street, by the City of
Denton, as trustee for the taxing entities pursuant to Texas property tax code; and providing for
an effective date.
BACKGROUND
The amended 2003 Action Plan for Housing and Community Development allocated $206,640 to
the "Infill New Construction" housing program. The program is designed to use vacant
properties in low to moderate-income areas for construction of single-family housing units. The
units would be sold to households that meet HOME eligibility requirements.
The City of Denton acquired the property at 624 E Prairie as trustee through the tax foreclosure
process. DISD and Denton County have approved the sale of the property for use as single-
family, owner-occupied housing.
ESTIMATED PROJECT SCHEDULE
The project should be completed within the current community development program year
ending July 31, 2004.
PRIOR ACTION/REVIEW (Councils~ Boards~ Commissions)
The Community Development Advisory Committee recommended approval of the Infill New
Construction Program as an activity under the City's 2003 Action Plan for Housing and
Community Development. City Council approved the Action Plan on May 27, 2003.
FISCAL INFORMATION
Funding for the proposed project has been budgeted from 2003-04 Home Investment
Partnerships Program (HOME). Staff oversight costs will also be paid from Federal program
funds.
EXmBITS
1. Resolution
Respectfully submitted:
Linda Ratliff
Director of Economic Development
Prepared by:
Barbara Ross
Community Development Administrator
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE SALE OF PROPERTY LOCATED WITHIN
BLOCK 6, JASPER ADDITION, CITY OF DENTON TEXAS, MORE COMMONLY
KNOWN AS 634 E. PRAIRIE STREET, BY THE CITY OF DENTON, TEXAS AS
TRUSTEE FOR THE TAXING ENTITLES PURSUANT TO TEXAS PROPERTY TAX
CODE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Denton has acquired, as Trustee pursuant to Texas Property
Tax Code Section 34.01, certain real property through the delinquent tax foreclosure
process, to wit:
DCAD Parcel #R22134, described as 0.064 Acres, more or less, being a portion of Lot 1
& 4 (W45' Each), block 6, Jasper Addition, City of Denton, Denton County Texas as
described in the deed dated December 13, 1967, from Mount Calvary Baptist Church of
Denton to Lucias A. Wilkerson, etal, recorded in vol. 560, page 384, of the Deed Records
of Denton County, Texas. More commonly known as 634 E. Prairie St.; and
WHEREAS, the City of Denton holds the real estate in trust for itself and the
other taxing entities; and
WHEREAS, the City of Denton has received a bona fide bid upon the real estate
Property from its community development department for development of affordable
housing; and
WHEREAS, the City of Denton has no desire to permanently retain the property
since it would better serve the city to develop affordable housing and to get the property
returned to the tax rolls and save any additional expenses required to sale the property;
and
WHEREAS, all taxing entities must consent before the sale of the property can be
executed for the amount bid; and
WHEREAS, Denton Independent School District and the County of Denton has
already consented to the sale of the property; and
WHEREAS, the City Council finds that it is in the public interest to authorize the
sale of the property; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City of Denton, does hereby authorized the Trustee to accept
the bid received from The City of Denton, Community Development, in the amount of
one thousand nine hundred and fifty dollars and NO/100 cents, for DCAC Parcel
#R22134, described as 0.064 Acres, more or less, being a portion of Lot 1 & 4 (W45'
Each), block 6, Jasper Addition, City of Denton, Denton County Texas as described in
s:/ourdocuments/ordiances/04/taxsaleauthorizationcommdev.doc
the deed dated December 13, 1967, from Mount Calvary Baptist Church of Denton to
Lucias A. Wilkerson, etal, recorded in vol. 560, page 384, of the Deed Records of Denton
County, Texas. Location 634 E. Prairie St., and we do hereby authorize and approve such
sale and the Mayor or Mayor Pro Tem is hereby authorized to execute all necessary
documents in connection with the sale.
SECTION 2. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
__day of ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
s:/ourdocuments/ordiances/04/taxsaleauthorizationcommdev.doc
AGENDA INFORMATION SHEET
AGENDA DATE: January 20, 2004
DEPARTMENT: Municipal Judge's Office (DeNon Municipal Court)
CM/DCM/ACM: Robin A. Ramsay, Municipal Judge
SUBJECT:
An ordinance of the City of DeNon, Texas appoiming Robin A. Ramsay as Presiding Judge for
the City of DeNon Municipal Court of Record; appoiming Kimberly Cawley McCary as
Assistam Judge for the City of DeNon Municipal Court of Record; appoiming Earlean Cobbin
Murphy as Assistam Judge for the City of DeNon Municipal Court of Record; appoiming
Gregory L. Bertrand as Assistant Judge for the City of Denton Municipal Court of Record;
appointing Juditha Lee Bertrand as Assistant Judge for the City of Denton Municipal Court of
Record; appointing Ann Stephens Poston as Assistant Judge for the City of Denton Municipal
Court of Record; establishing terms of office for municipal judges in accordance with applicable
state statutes; authorizing the Mayor to execute a contract for term of office; ratifying terms of
comract; providing a severability clause; and providing retroactive effect and declaring an
effective date.
BACKGROUND:
The attached proposed ordinances and contracts are necessary for the re-appointment or
appointment of the current Presiding Judge and Assistant Municipal Judges. This ordinance and
the associated contracts reflect the current status of the judge's office and will not be a change
from the currem operations of the judge's office. This ordinance however, does provide for
specific "terms of office" for each of the judges so as to bring the currem terms in conformity
with Chapter 30 of the Government Code related to Municipal Courts of Record.
OPTIONS:
Approve or Deny
RECOMMENDATION:
Approve both the Ordinance of Appoimmem as well as the proposed comracts for services and
authorize the Mayor to execute the contracts on the City's behalf.
ESTIMATED SCHEDULE OF PROJECT:
Effective upon Council Approval.
PRIOR ACTION/REVIEW (Council, Boards, Commissions):
All of the proposed Judges, both presiding and assistam, have been previously presemed and
approved by the Council on July 23, 2002.
FISCAL INFORMATION:
The approval of this item will have no fiscal effect. The re-appoiNmeN of these individuals as
judges will not impact the budget allotted to the court, as there will be no increase in hours
available for utilization of these individuals. The appoiNmeN of multiple alternate judges
merely allows for greater coverage in the event that the presiding or any one assistant judge may
not be available, or in the even of legal conflicts for any one judge.
Respectfully submitted:
Prepared by:
Robin A. Ramsay
Presiding Municipal Court Judge
City of DeNon Municipal Court
Robin A. Ramsay, Judge Presiding
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPOINTING ROBIN
A. RAMSAY AS PRESIDING JUDGE FOR THE CITY OF DENTON
MUNICIPAL COURT OF RECORD; APPOINTING KIMBERLY CAWLEY
McCARY AS ASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL
COURT OF RECORD; APPOINTING EARLEAN COBBIN MURPHY AS
ASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF
RECORD; APPOINTING GREGORY L. BERTRAND AS ASSISTANT JUDGE
FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD;
APPOINTING JUDITHA LEE BERTRAND AS ASSISTANT JUDGE FOR THE
CITY OF DENTON MUNICIPAL COURT OF RECORD; APPOINTING ANN
STEPHENS POSTON AS ASSISTANT JUDGE FOR THE CITY OF DENTON
MUNICIPAL COURT OF RECORD; ESTABLISHING TERMS OF OFFICE
FOR MUNICIPAL JUDGES IN ACCORDANCE WITH APPLICABLE STATE
STATUTES; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR
TERM OF OFFICE; RATIFYING TERMS OF CONTRACT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING RETROACTIVE EFFECT AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, Sections 6.03 of the Charter of the City of DeNon and Chapter 19
of the City Code for the City of DeNon authorize the City Council to appoim a Presiding
Municipal Judge to preside over the judicial functions of the Municipal Court of Record
for the City of Demon; and
WHEREAS, Sections 6.03 of the Charter of the City of DeNon and Chapter 19
of the City Code for the City of DeNon authorize the City Council to appoim a Assistam
Municipal Court Judges to preside over the judicial functions of the Municipal Court of
Record for the City of Demon in the absence of the Presiding Judge; and
WHEREAS, Chapter 30 of the Government Code, the Uniform Municipal Courts
of Record Act (specifically Section 30.00006) provides that a governing body shall
appoint one or more Judges to preside over a municipal court of record; and
WHEREAS, Chapter 30 of the Texas Government Code requires that the Council
shall establish two year Terms of Office; and
WHEREAS, applicable portions of the DeNon City Charter and Municipal Code
provide that the Presiding Judge shall be appoimed in even-numbered years and the
Assistam Municipal Court Judges shall be appoimed in odd-numbered years;
NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That ROBIN A. RAMSAY is appoimed as the Presiding Judge for
the Municipal Court of Record for the City of DeNon, Texas for a two (2) year Term of
Office beginning on the 1st day of January, 2004 and cominuing through December 31st,
2006 or as further provided herein;
SECTION 2. That KIMBERLY CAWLEY McCARY is hereby appointed as an
Assistam Municipal Judge for the Municipal Court of Record for the City of DeNon,
Texas for a two (2) year Term of Office beginning on the 1st day of January, 2003 and
cominuing through December 31 st, 2005, or as further provided herein;
SECTION 3. That EARLEAN COBBIN MURPHY is hereby appoimed as an
Assistam Municipal Judge for the Municipal Court of Record for the City of DeNon,
Texas for a two (2) year Term of Office beginning on the 1st day of January, 2003 and
cominuing through December 31 st, 2005, or as further provided herein;
SECTION 4. That GREGORY L. BERTRAND is hereby appoimed as an
Assistam Municipal Judge for the Municipal Court of Record for the City of DeNon,
Texas for a two (2) year Term of Office beginning on the 1st day of January, 2003 and
cominuing through December 31 st, 2005, or as further provided herein;
SECTION 5. That JUDITHA LEE BERTRAND is hereby appointed as an
Assistam Municipal Judge for the Municipal Court of Record for the City of DeNon,
Texas for a two (2) year Term of Office beginning on the 1st day of January, 2003 and
cominuing through December 31 st, 2005, or as further provided herein;
SECTION 6. That ANN STEPHENS POSTON is hereby appoimed as an
Assistam Municipal Judge for the Municipal Court of Record for the City of DeNon,
Texas for a two (2) year Term of Office beginning on the 1st day of January, 2003 and
cominuing through December 31 st, 2005, or as further provided herein;
SECTION 7. That the City of Denton appoints and designates the
aforememioned persons as municipal judges and magistrates for and under the laws of
the State of Texas, with all the powers, rights and duties of said appoimmem for two (2)
year Terms of Office. This appointment shall become effective from the dates indicated
above and the City Council specifically authorizes and approves all actions taken by the
Presiding Judge and Assistant Judges from and after the date of their appointment. Said
Terms of Office shall be renewed and extended and said Judges shall be reappoimed for
successive terms of two (2) years, unless either the City or the Judge provides written
notice of imem that said appoimmem and comract shall not be renewed at least thirty (30)
days prior to the expiration of any such term of appointment.
SECTION 8. The Mayor is herein authorized to execute on behalf of the City a
Comract for Services with the Presiding Judge and each Assistam Judge, copies of which
are attached hereto and fully incorporated herein, providing for the terms of employment
and compensation for each municipal court judge.
SECTION 9. Said Judges may be removed during their term of office for acts of
official misconduct or as otherwise specifically provided under the Texas Local
Government Code or Texas Government Code. That should any portions or provisions of
the City Code or City Charter for the City of DeNon conflict with state law, Chapter 30
(The Uniform Municipal Court of Record Act) shall be comrolling authority regarding
the terms of appointment, re-appointment, qualifications or removal of a municipal court
judge as appoimed herein.
SECTION 10. That the City finds in accordance with Sec. 574 of the
Governmem Code that the Judge may hold the office of municipal judge for more than
one municipality at the same time and that such is of benefit to the City and the State of
Texas.
SECTION 11. That if any section, subsection, paragraph, sentence, clause phrase
or word in this ordinance is held invalid by any court of competem jurisdiction, such
holding shall not affect the validity of the remaining portions of this ordinance, and the
City Council for the City of DeNon, Texas hereby declares that it would have enacted
such remaining portions despite any such invalidity.
SECTION 12. That this ordinance shall become effective as of the date of
appointment above, and shall not affect the remainder of any terms of office for any of
Judge referenced above.
EXECUTED on the
__day of ,200
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
CITY OF DENTON
APPROVED AS TO LEGAL FORM:
HERB PROUTY, CITY ATTORNEY
CITY OF DENTON
CONTRACT FOR SERVICES
FOR PRESIDING MUNICIPAL JUDGE
THIS CONTRACT, is made and emered imo this __ day of ,
200__, by and between the City of Denton, Texas, a Municipal Corporation of the
State of Texas, hereinafter referred to as "City", and ROBIN A. RAMSAY, hereinafter
referred to as "Presiding Judge".
WITNESSETH:
The City of Denton (hereinafter referred to as "City") does hereby APPOINT
and contract for the services of ROBIN A. RAMSAY (hereinafter referred to
as "Presiding Judge") for an Term of Appointmem of two (2) years, beginning
on the 1 st day of January, 2004, and cominuing through midnight, December 31 st,
2006. Thereafter, said Term of Appoimmem shall be automatically renewed and
extended and said Presiding Judge shall be reappoimed for successive terms of
two (2) years each unless either The City or the Presiding Judge provides written
notice of intent that said appointment and contract shall not be renewed at least
thirty (30) days prior to the expiration of any such term of appoimmem. The City
of DeNon therefore appoims and designates said Presiding Judge as a municipal
judge and magistrate for and under the laws of the State of Texas, with all the
powers, rights and duties of said appoimmem for a term of two (2) years as well
as all successive terms unless written notice of intent is given as provided herein.
The Presiding Judge shall comply with all requiremems of law and must perform
all duties as required by law and comply with all the terms of this agreement. The
Presiding Judge shall comply with all conditions and restrictions as set forth for
municipal judges under all applicable state statutes and as required under the
Texas Code of Judicial Conduct.
2. The City shall compensate Presiding Judge as follows:
(a)
COURT SESSIONS AND WORKDAY JAIL ARRAIGNMENTS,
OTHER DUTIES OF THE PRESIDING MUNICIPAL JUDGE,
OFFICE HOURS, COURT SESSION AND PREPARATION, IN-
HOUSE TRAINING, JUDICIAL STAFF MEETINGS, AND
MANDATORY JUDICIAL EDUCATION TRAINING - For the
performance of any services as a Municipal Court Judge (or as a Statutory
Magistrate) for the City of DeNon while presiding over any official court
dockets or scheduled court sessions on any days other than duties as
magistrate for the purpose of jail arraignmems on Saturdays, Sundays, or
Presiding Municipal Judges Contract for Services Page 1
designated City holidays as specifically defined and designated below, the
Presiding Judge shall be is emitled to receive a salary and other benefits as
set by the governing body of the city, subject to applicable provisions of
Chapter 30 of the Govemmem Code, and shall be subject to evaluation
each year by the governing body of the City each year. The Presiding
Judge shall not be entitled to any other compensation from the City, other
than that as set forth below for weekend and holiday jail magistrations.
(b)
WEEKEND AND HOLIDAY JAIL MAGISTRATIONS - The
Presiding Judge may perform magisterial duties as he deems necessary
and appropriate in his capacity as judicial administrator, for and in the
City of DeNon Municipal Jail or other designated detemion or holding
facility for city prisoners on both (a) officially designated City of DeNon
Holidays as designated by official city calendar, and (b) on Weekends
(being defined as Saturday and Sundays). When performed on such
weekends and holidays only, the Presiding Judge shall be compensated at
a per diem rate of $165.00 per day as previously established under City
policy. The Presiding Judge shall, on any such designated weekends and
holidays, perform all judicial and magisterial functions necessary for the
timely magistration and processing of prisoners held under the authority of
the City of Denton Police Department, whether at City of Denton facilities
or at such other facilities with which the City may contract, and whether
such would require one or multiple appearances on the same day of any
such weekends or holidays.
3. The Presiding Judge and City agree as follows:
The Presiding Judge agrees to render services at the aforementioned
compensation terms. Payment will be processed and paid in accordance with the
City's payroll schedule.
The Presiding Judge shall devote as much time as necessary to perform the duties of
the office as required by Chapter 30 of the Texas Government Code.
The Presiding Judge must attend and complete any annual mandatory judicial
education or other minimum judicial training as required by the State of Texas
within the time periods as established by law. The Presiding Judge must maimain
membership and licensure with the State Bar of Texas. City agrees to pay all
membership fees or dues on an annual basis as required by such membership or
licensure, as well as all professional dues and subscriptions pertinem thereto. The
Presiding Judge herein represems that such membership is in good standing and
that all fees and mandatory continuing education requirements have been met at
the time of this appointment.
Presiding Municipal Judges Contract for Services Page 2
The Presiding Judge shall not take on represemation of a cliem if such
represemation would conflict with the Texas Code of Judicial Ethics or the Texas
Rules of Professional Conduct. The Presiding Judge shall not take on
represemation of a cliem adverse to the City of Demon. The Presiding Judge shall
not represem a cliem in a case where an employee of the City of Demon, in his/her
capacity as an employee of the City of Demon is a witness or may be summoned to
appear as a witness in such capacity.
During the duration of this Contract, the Presiding Judge shall comply with all
provisions of the Code of Judicial Conduct, the Demon City Charter, Chapter 30
of the Texas Governmem Code, Subchapter FF, and all other applicable laws
pertaining to the operation of the Demon Municipal Court of Record, and his
duties as a Magistrate. In the evem of a conflict between the terms of this
Comract and said Code, Charter, Statutes and laws, the terms of said Code,
Charter, Statues and laws shall govern.
The City herein acknowledges that the Presiding Judge may maimain a private
law practice and may perform outside legal services so long as such legal services
do not conflict with the Texas Code of Judicial Ethics or the Texas Rules of
Professional Conduct. The City acknowledges and agrees that it may be
necessary for the Presiding Judge to make use of the City's local phone system,
computer, primer, copier, and fax machine, or the like. While this use of City
property is authorized, the Presiding Judge must provide reimbursemem to the
City for any actual costs involved in these and other uses of City property.
The City further acknowledges that the Presiding Judge may perform judicial or
magisterial functions as a judge or magistrate for another city, county, or state
agency, so long as the performance of such duties do not conflict with the duties
of the office of municipal judge for the City of Demon. The City therefore
FINDS that the performance of such duties or holding of any other such office is
of benefit to the state of Texas and there is no conflict with the duties of this
office.
The City may remove the Presiding Judge from office during their term of office
pursuam to and in accordance with the requirement of §30.000085 of the Texas
Governmem Code, or its successor, as same may hereafter be amended.
The Presiding Judge may terminate this Comract by providing written notice of
resignation not less than 30 days prior to date of termination.
This Comract represems the emire and imegrated Comract between City and the
Presiding Judge, and supersedes all prior negotiations and represemations and/or
comracts either written or oral. This Comract may be amended only by written
instrumem signed by both the City and the Presiding Judge. The Presiding Judge further
Presiding Municipal Judges Contract for Services Page 3
states that they have carefully read the foregoing Contract, and understands the contents
thereof, and signs the same as their own free act.
IN WITNESS WHEREOF, City has caused this Contract to be signed in its
name by Euline Brock, Mayor, and its corporate seal to be hereunto affixed and attested
by its City Secretary, and the Presiding Judge has hereunto set his hand and seal the day
and year first above written.
PRESIDING JUDGE:
CITY OF DENTON, TEXAS
ROBIN A. RAMSAY
By:
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
CITY OF DENTON
APPROVED AS TO LEGAL FORM:
HERB PROUTY, CITY ATTORNEY
CITY OF DENTON
Presiding Municipal Judges Contract for Services Page 4
CONTRACT FOR SERVICES
FOR ASSISTANT MUNICIPAL JUDGE
THIS CONTRACT, is made and entered into this
__ day of
200
__, by and between the City of Denton, Texas, a Municipal Corporation of the
State of Texas, hereinafter referred to as "City", and KIMBERLY CAWLEY
McCARY, hereinafter referred to as "Assistant Judge".
WITNESSETH:
The City of Denton (hereinafter referred to as "City") does hereby APPOINT
and contract for the services of KIMBERLY CAWLEY McCARY (hereinafter
referred to as "Assistant Judge") for an TERM of APPOINTMENT of Two
(2) years, beginning on the 1st day of January, 2003, and continuing through
midnight, December 31st, 2005. Thereafter, said TERM of APPOINTMENT
shall be automatically renewed and extended and said Assistam Judge shall be
reappoimed for successive terms of two (2) years each unless either The City or
the Assistant Judge provides written notice of intent that said appointment and
comract shall not be renewed at least Thirty (30) days prior to the expiration of
any such term of appointment. The City of Denton therefore appoints and
designates said Assistam Judge as a municipal judge and magistrate for and under
the laws of the State of Texas, with all the powers, rights and duties of said
appoimmem for a term of Two (2) years as well as all successive terms unless
written notice of intent is given as provided herein. The Assistant Judge shall
comply with all requiremems of law and must perform all duties as required by
law and comply with all the terms of this agreement. Conditions and restrictions
as set forth for municipal judges as set forth under all applicable state statutes and
as required under the Texas Code of Judicial Conduct.
2. The City shall compensate Assistam Judge as follows:
(a) COURT SESSIONS AND WORKDAY JAIL MAGISTRATIONS -
For the performance of any services as a municipal court judge (or as a
statutory magistrate) for the City of DeNon while presiding over any
official court dockets or scheduled court sessions as assigned and directed
by the Presiding Judge for DeNon Municipal Court or scheduled through
the municipal court coordinator, Assistant Judge shall be entitled to
compensation at a rate of $30.00 per hour, with all portions of time over
thirty (30) minutes billed as one (1) full hour. Travel time to and from the
Court shall not be included as billable time.
(b) OFFICE HOURS/ COURT SESSION AND PREPARATION - In
addition to the performance of any duties in acting as a municipal judge or
magistrate during any time as assigned by the Presiding Judge or
scheduled through the municipal court coordinator, any office hours as
Assistam Municipal Judges Comract for Services Page 1
required for the completion of any paper work, document preparation, or
warram execution shall be billed at $30.00 per hour, with time over thirty
(30) minutes billed as one (1) hour. Travel time to and from the Court
shall not be included as billable time.
(c) WEEKEND AND HOLIDAY JAIL MAGISTRATIONS - When
specifically assigned or designated by the Presiding Judge within his or
her sole discretion, to perform magisterial duties in the City of DeNon
Municipal Jail or other designated detemion or holding facility on either
(a) officially designated City of DeNon Holidays as designated by official
city calendar, and (b) on Weekends (being defined as Saturday and
Sundays), the Assistam Judge shall be compensated at a per diem rate of
$165.00 per day. The Assistam Judge shall, on any such designated
weekends and holidays, perform all judicial and magisterial functions
necessary for the timely magistration and processing of city held
prisoners, whether such would require one of multiple appearances on the
same day of any such weekends or holidays.
(d) IN-HOUSE TRAINING/JUDICIAL STAFF MEETINGS - The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spem in attendance at in-house judicial training or
mandatory judicial staff meetings as called by the presiding Judge, and
such time shall be billed at $30.00 per hour with time over thirty (30)
minutes billed as one (1) hour. Travel time to and from the meeting place
shall not be included as billable time.
(e) MANDATORY JUDICIAL EDUCATION TRAINING - The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spem in actual attendance at mandatory judicial training as
required by state law and such time shall be billed at $30.00 per hour with
time over thirty (30) minutes billed as one (1) hour. The City shall
reimburse or pre-pay the travel, meals and registration costs, in accordance
with the City's Travel Reimbursement Policy, incurred by the Assistant
Judge in attending the annual mandatory twelve (12) hour judicial
education course established by the Texas Municipal Courts Education
Center.
3. The Assistam Judge agrees as follows:
The Assistam Judge agrees to render services at the aforememioned compensation
terms. The Assistam Judge is responsible for maimaining accurate and complete
time records, setting forth the date, description of services rendered, the time
incurred in rendering such services, and the total time billed to City. Such time
records shall be submitted to the Municipal Judge or the Judicial Coordinator for
review on a bi-weekly basis, and on the same date as required for City personnel
payroll. Paymem will be processed and paid in accordance with the City's payroll
schedule. No additional benefits beyond the stated compensation will be
provided.
Assistam Municipal Judges Comract for Services Page 2
o
o
o
The Assistant Judge will receive docket assignments and work schedules within
the sole discretion of the Municipal Judge or his designee. The Assistant Judge
shall have no set work hours, assigned dockets or duties other than as directed by
the Presiding Municipal Judge or designee. The Assistant Judge is given no
assurances as to minimum hours, work assignments or specific dockets and
understands that all such work assignments are subject to change to accommodate
the needs of the Court. The Assistant Judge shall be available to perform and
shall perform if directed, the duties of the position, subject only to reasonable
notice.
The Assistant Judge must attend and complete any annual mandatory judicial
education or other minimum judicial training as required by the State of Texas
within the time periods as established by law. The Assistant Judge must maintain
membership and licensure with the State Bar of Texas and pay all membership
fees or dues on an annual basis as required by such membership or licensure. The
Assistant Judge herein represents that such membership is in good standing and
that all fees and mandatory continuing education requirements have been met at
the time of this appointment.
The Assistant Judge shall not take on representation of a client if such
representation would conflict with the Texas Code of Judicial Ethics or the Texas
Rules of Professional Conduct. The Assistant Judge shall not take on
representation of a client adverse to the City of Denton. The Assistant Judge shall
not represent a client in a case where an employee of the City of Denton, in his/her
capacity as an employee of the City of Denton is a witness or may be summoned to
appear as a witness.
During the duration of this Contract, the Assistant Judge shall comply with all
provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30
of the Texas Government Code, Subchapter FF, and all other applicable laws
pertaining to the operation of the Denton Municipal Court of Record, and his
duties as a Magistrate. In the event of a conflict between the terms of this
Contract and said Code, Charter, Statutes and laws, the terms of said Code,
Charter, Statues and laws shall govern.
The City herein acknowledges that the Assistant Judge may maintain a private
law practice and may perform outside legal services so long as such legal services
do not conflict with the Texas Code of Judicial Ethics or the Texas Rules of
Professional Conduct. The City acknowledges that it may be necessary for the
Assistant Judge to make use of the City's local phone system, computer, printer,
copier, and fax machine, or the like. While this use of City property is authorized,
the Assistant Judge must provide reimbursement to the City for any actual costs
involved in these and other permitted uses of City property.
The City further acknowledges that the Assistant Judge may perform judicial or
magisterial functions as a judge or magistrate for another city, county, or state
agency, so long as the performance of such duties do not conflict with the duties
Assistant Municipal Judges Contract for Services Page 3
of the office of municipal judge for the City of DeNon. The City therefore
FINDS that the performance of such duties or holding of any other such office is
of benefit to the state of Texas and there is no conflict with the duties of this
office.
The City may remove the Assistam Judge from office during their term of office
pursuam to and in accordance with the requirement of §30.000085 of the Texas
Governmem Code, or its successor, as same may hereafter be amended.
9. The Assistant Judge may terminate this Contract by providing written notice of
resignation not less than 30 days prior to date of termination.
This Contract represents the entire and integrated Contract between City and the
Assistant Judge, and supersedes all prior negotiations and representations and/or
contracts either written or oral. This Contract may be amended only by written
instrument signed by both the City and the Assistant Judge. The Assistant Judge further
states that they have carefully read the foregoing Contract, and understands the contents
thereof, and signs the same as their own free act.
IN WITNESS WHEREOF, City has caused this Contract to be signed in its
name by Euline Brock, Mayor, and its corporate seal to be hereunto affixed and attested
by its City Secretary, and the Assistam Judge has hereumo set his or her hand and seal the
day and year first above written.
ASSISTANT JUDGE:
CITY OF DENTON, TEXAS
KIMBERLY CAWLEY McCARY
By:
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
CITY OF DENTON
APPROVED AS TO LEGAL FORM:
HERB PROUTY, CITY ATTORNEY
CITY OF DENTON
Assistam Municipal Judges Comract for Services Page 4
CONTRACT FOR SERVICES
FOR ASSISTANT MUNICIPAL JUDGE
THIS CONTRACT, is made and entered into this
__ day of
200
__, by and between the City of Denton, Texas, a Municipal Corporation of the
State of Texas, hereinafter referred to as "City", and EARLEAN COBBIN MURPHY,
hereinafter referred to as "Assistant Judge".
WITNESSETH:
The City of Denton (hereinafter referred to as "City") does hereby APPOINT
and contract for the services of EARLEAN COBBIN MURPHY (hereinafter
referred to as "Assistant Judge") for an TERM of APPOINTMENT of Two
(2) years, beginning on the 1st day of January, 2003, and continuing through
midnight, December 31st, 2005. Thereafter, said TERM of APPOINTMENT
shall be automatically renewed and extended and said Assistam Judge shall be
reappoimed for successive terms of two (2) years each unless either The City or
the Assistant Judge provides written notice of intent that said appointment and
comract shall not be renewed at least Thirty (30) days prior to the expiration of
any such term of appointment. The City of Denton therefore appoints and
designates said Assistam Judge as a municipal judge and magistrate for and under
the laws of the State of Texas, with all the powers, rights and duties of said
appoimmem for a term of Two (2) years as well as all successive terms unless
written notice of intent is given as provided herein. The Assistant Judge shall
comply with all requiremems of law and must perform all duties as required by
law and comply with all the terms of this agreement. Conditions and restrictions
as set forth for municipal judges as set forth under all applicable state statutes and
as required under the Texas Code of Judicial Conduct.
2. The City shall compensate Assistam Judge as follows:
(a) COURT SESSIONS AND WORKDAY JAIL MAGISTRATIONS -
For the performance of any services as a municipal court judge (or as a
statutory magistrate) for the City of DeNon while presiding over any
official court dockets or scheduled court sessions as assigned and directed
by the Presiding Judge for DeNon Municipal Court or scheduled through
the municipal court coordinator, Assistant Judge shall be entitled to
compensation at a rate of $30.00 per hour, with all portions of time over
thirty (30) minutes billed as one (1) full hour. Travel time to and from the
Court shall not be included as billable time.
(b) OFFICE HOURS/ COURT SESSION AND PREPARATION - In
addition to the performance of any duties in acting as a municipal judge or
magistrate during any time as assigned by the Presiding Judge or
scheduled through the municipal court coordinator, any office hours as
Assistam Municipal Judges Comract for Services Page 1
required for the completion of any paper work, documem preparation, or
warram execution shall be billed at $30.00 per hour, with time over thirty
(30) minutes billed as one (1) hour. Travel time to and from the Court
shall not be included as billable time.
(c) WEEKEND AND HOLIDAY JAIL MAGISTRATIONS - When
specifically assigned or designated by the Presiding Judge within his or
her sole discretion, to perform magisterial duties in the City of DeNon
Municipal Jail or other designated detemion or holding facility on either
(a) officially designated City of DeNon Holidays as designated by official
city calendar, and (b) on Weekends (being defined as Saturday and
Sundays), the Assistam Judge shall be compensated at a per diem rate of
$165.00 per day. The Assistam Judge shall, on any such designated
weekends and holidays, perform all judicial and magisterial functions
necessary for the timely magistration and processing of city held
prisoners, whether such would require one of multiple appearances on the
same day of any such weekends or holidays.
(d) IN-HOUSE TRAINING/JUDICIAL STAFF MEETINGS - The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spem in attendance at in-house judicial training or
mandatory judicial staff meetings as called by the presiding Judge, and
such time shall be billed at $30.00 per hour with time over thirty (30)
minutes billed as one (1) hour. Travel time to and from the meeting place
shall not be included as billable time.
(e) MANDATORY JUDICIAL EDUCATION TRAINING - The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spem in actual attendance at mandatory judicial training as
required by state law and such time shall be billed at $30.00 per hour with
time over thirty (30) minutes billed as one (1) hour. The City shall
reimburse or pre-pay the travel, meals and registration costs, in accordance
with the City's Travel Reimbursement Policy, incurred by the Assistant
Judge in attending the annual mandatory twelve (12) hour judicial
education course established by the Texas Municipal Courts Education
Center.
3. The Assistam Judge agrees as follows:
The Assistam Judge agrees to render services at the aforememioned compensation
terms. The Assistam Judge is responsible for maimaining accurate and complete
time records, setting forth the date, description of services rendered, the time
incurred in rendering such services, and the total time billed to City. Such time
records shall be submitted to the Municipal Judge or the Judicial Coordinator for
review on a bi-weekly basis, and on the same date as required for City personnel
payroll. Paymem will be processed and paid in accordance with the City's payroll
schedule. No additional benefits beyond the stated compensation will be
provided.
Assistam Municipal Judges Comract for Services Page 2
o
o
o
The Assistant Judge will receive docket assignments and work schedules within
the sole discretion of the Municipal Judge or his designee. The Assistant Judge
shall have no set work hours, assigned dockets or duties other than as directed by
the Presiding Municipal Judge or designee. The Assistant Judge is given no
assurances as to minimum hours, work assignments or specific dockets and
understands that all such work assignments are subject to change to accommodate
the needs of the Court. The Assistant Judge shall be available to perform and
shall perform if directed, the duties of the position, subject only to reasonable
notice.
The Assistant Judge must attend and complete any annual mandatory judicial
education or other minimum judicial training as required by the State of Texas
within the time periods as established by law. The Assistant Judge must maintain
membership and licensure with the State Bar of Texas and pay all membership
fees or dues on an annual basis as required by such membership or licensure. The
Assistant Judge herein represents that such membership is in good standing and
that all fees and mandatory continuing education requirements have been met at
the time of this appointment.
The Assistant Judge shall not take on representation of a client if such
representation would conflict with the Texas Code of Judicial Ethics or the Texas
Rules of Professional Conduct. The Assistant Judge shall not take on
representation of a client adverse to the City of Denton. The Assistant Judge shall
not represent a client in a case where an employee of the City of Denton, in his/her
capacity as an employee of the City of Denton is a witness or may be summoned to
appear as a witness.
During the duration of this Contract, the Assistant Judge shall comply with all
provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30
of the Texas Government Code, Subchapter FF, and all other applicable laws
pertaining to the operation of the Denton Municipal Court of Record, and his
duties as a Magistrate. In the event of a conflict between the terms of this
Contract and said Code, Charter, Statutes and laws, the terms of said Code,
Charter, Statues and laws shall govern.
The City herein acknowledges that the Assistant Judge may maintain a private
law practice and may perform outside legal services so long as such legal services
do not conflict with the Texas Code of Judicial Ethics or the Texas Rules of
Professional Conduct. The City acknowledges that it may be necessary for the
Assistant Judge to make use of the City's local phone system, computer, printer,
copier, and fax machine, or the like. While this use of City property is authorized,
the Assistant Judge must provide reimbursement to the City for any actual costs
involved in these and other permitted uses of City property.
The City further acknowledges that the Assistant Judge may perform judicial or
magisterial functions as a judge or magistrate for another city, county, or state
agency, so long as the performance of such duties do not conflict with the duties
Assistant Municipal Judges Contract for Services Page 3
of the office of municipal judge for the City of DeNon. The City therefore
FINDS that the performance of such duties or holding of any other such office is
of benefit to the state of Texas and there is no conflict with the duties of this
office.
The City may remove the Assistam Judge from office during their term of office
pursuam to and in accordance with the requiremem of §30.000085 of the Texas
Governmem Code, or its successor, as same may hereafter be amended.
9. The Assistant Judge may terminate this Contract by providing written notice of
resignation not less than 30 days prior to date of termination.
This Contract represents the entire and integrated Contract between City and the
Assistant Judge, and supersedes all prior negotiations and representations and/or
contracts either written or oral. This Contract may be amended only by written
instrument signed by both the City and the Assistant Judge. The Assistant Judge further
states that they have carefully read the foregoing Contract, and understands the contents
thereof, and signs the same as their own free act.
IN WITNESS WHEREOF, City has caused this Contract to be signed in its
name by Euline Brock, Mayor, and its corporate seal to be hereunto affixed and attested
by its City Secretary, and the Assistam Judge has hereumo set his or her hand and seal the
day and year first above written.
ASSISTANT JUDGE:
CITY OF DENTON, TEXAS
EARLEAN COBBIN MURPHY
By:
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
CITY OF DENTON
APPROVED AS TO LEGAL FORM:
HERB PROUTY, CITY ATTORNEY
CITY OF DENTON
Assistam Municipal Judges Comract for Services Page 4
CONTRACT FOR SERVICES
FOR ASSISTANT MUNICIPAL JUDGE
THIS CONTRACT, is made and entered into this
__ day of
200
__, by and between the City of Denton, Texas, a Municipal Corporation of the
State of Texas, hereinafter referred to as "City", and GREGORY L. BERTRAND,
hereinafter referred to as "Assistant Judge".
WITNESSETH:
The City of Denton (hereinafter referred to as "City") does hereby APPOINT
and contract for the services of GREGORY L. BERTRAND (hereinafter
referred to as "Assistant Judge") for an TERM of APPOINTMENT of Two
(2) years, beginning on the 1st day of January, 2003, and continuing through
midnight, December 31st, 2005. Thereafter, said TERM of APPOINTMENT
shall be automatically renewed and extended and said Assistam Judge shall be
reappoimed for successive terms of two (2) years each unless either The City or
the Assistant Judge provides written notice of intent that said appointment and
comract shall not be renewed at least Thirty (30) days prior to the expiration of
any such term of appointment. The City of Denton therefore appoints and
designates said Assistam Judge as a municipal judge and magistrate for and under
the laws of the State of Texas, with all the powers, rights and duties of said
appoimmem for a term of Two (2) years as well as all successive terms unless
written notice of intent is given as provided herein. The Assistant Judge shall
comply with all requiremems of law and must perform all duties as required by
law and comply with all the terms of this agreement. Conditions and restrictions
as set forth for municipal judges as set forth under all applicable state statutes and
as required under the Texas Code of Judicial Conduct.
2. The City shall compensate Assistam Judge as follows:
(a) COURT SESSIONS AND WORKDAY JAIL MAGISTRATIONS -
For the performance of any services as a municipal court judge (or as a
statutory magistrate) for the City of DeNon while presiding over any
official court dockets or scheduled court sessions as assigned and directed
by the Presiding Judge for DeNon Municipal Court or scheduled through
the municipal court coordinator, Assistant Judge shall be entitled to
compensation at a rate of $30.00 per hour, with all portions of time over
thirty (30) minutes billed as one (1) full hour. Travel time to and from the
Court shall not be included as billable time.
(b) OFFICE HOURS/ COURT SESSION AND PREPARATION - In
addition to the performance of any duties in acting as a municipal judge or
magistrate during any time as assigned by the Presiding Judge or
scheduled through the municipal court coordinator, any office hours as
Assistam Municipal Judges Comract for Services Page 1
required for the completion of any paper work, documem preparation, or
warram execution shall be billed at $30.00 per hour, with time over thirty
(30) minutes billed as one (1) hour. Travel time to and from the Court
shall not be included as billable time.
(c) WEEKEND AND HOLIDAY JAIL MAGISTRATIONS - When
specifically assigned or designated by the Presiding Judge within his or
her sole discretion, to perform magisterial duties in the City of DeNon
Municipal Jail or other designated detemion or holding facility on either
(a) officially designated City of DeNon Holidays as designated by official
city calendar, and (b) on Weekends (being defined as Saturday and
Sundays), the Assistam Judge shall be compensated at a per diem rate of
$165.00 per day. The Assistam Judge shall, on any such designated
weekends and holidays, perform all judicial and magisterial functions
necessary for the timely magistration and processing of city held
prisoners, whether such would require one of multiple appearances on the
same day of any such weekends or holidays.
(d) IN-HOUSE TRAINING/JUDICIAL STAFF MEETINGS - The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spem in attendance at in-house judicial training or
mandatory judicial staff meetings as called by the presiding Judge, and
such time shall be billed at $30.00 per hour with time over thirty (30)
minutes billed as one (1) hour. Travel time to and from the meeting place
shall not be included as billable time.
(e) MANDATORY JUDICIAL EDUCATION TRAINING - The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spem in actual attendance at mandatory judicial training as
required by state law and such time shall be billed at $30.00 per hour with
time over thirty (30) minutes billed as one (1) hour. The City shall
reimburse or pre-pay the travel, meals and registration costs, in accordance
with the City's Travel Reimbursement Policy, incurred by the Assistant
Judge in attending the annual mandatory twelve (12) hour judicial
education course established by the Texas Municipal Courts Education
Center.
3. The Assistam Judge agrees as follows:
The Assistam Judge agrees to render services at the aforememioned compensation
terms. The Assistam Judge is responsible for maimaining accurate and complete
time records, setting forth the date, description of services rendered, the time
incurred in rendering such services, and the total time billed to City. Such time
records shall be submitted to the Municipal Judge or the Judicial Coordinator for
review on a bi-weekly basis, and on the same date as required for City personnel
payroll. Paymem will be processed and paid in accordance with the City's payroll
schedule. No additional benefits beyond the stated compensation will be
provided.
Assistam Municipal Judges Comract for Services Page 2
o
o
o
The Assistant Judge will receive docket assignments and work schedules within
the sole discretion of the Municipal Judge or his designee. The Assistant Judge
shall have no set work hours, assigned dockets or duties other than as directed by
the Presiding Municipal Judge or designee. The Assistant Judge is given no
assurances as to minimum hours, work assignments or specific dockets and
understands that all such work assignments are subject to change to accommodate
the needs of the Court. The Assistant Judge shall be available to perform and
shall perform if directed, the duties of the position, subject only to reasonable
notice.
The Assistant Judge must attend and complete any annual mandatory judicial
education or other minimum judicial training as required by the State of Texas
within the time periods as established by law. The Assistant Judge must maintain
membership and licensure with the State Bar of Texas and pay all membership
fees or dues on an annual basis as required by such membership or licensure. The
Assistant Judge herein represents that such membership is in good standing and
that all fees and mandatory continuing education requirements have been met at
the time of this appointment.
The Assistant Judge shall not take on representation of a client if such
representation would conflict with the Texas Code of Judicial Ethics or the Texas
Rules of Professional Conduct. The Assistant Judge shall not take on
representation of a client adverse to the City of Denton. The Assistant Judge shall
not represent a client in a case where an employee of the City of Denton, in his/her
capacity as an employee of the City of Denton is a witness or may be summoned to
appear as a witness.
During the duration of this Contract, the Assistant Judge shall comply with all
provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30
of the Texas Government Code, Subchapter FF, and all other applicable laws
pertaining to the operation of the Denton Municipal Court of Record, and his
duties as a Magistrate. In the event of a conflict between the terms of this
Contract and said Code, Charter, Statutes and laws, the terms of said Code,
Charter, Statues and laws shall govern.
The City herein acknowledges that the Assistant Judge may maintain a private
law practice and may perform outside legal services so long as such legal services
do not conflict with the Texas Code of Judicial Ethics or the Texas Rules of
Professional Conduct. The City acknowledges that it may be necessary for the
Assistant Judge to make use of the City's local phone system, computer, printer,
copier, and fax machine, or the like. While this use of City property is authorized,
the Assistant Judge must provide reimbursement to the City for any actual costs
involved in these and other permitted uses of City property.
The City further acknowledges that the Assistant Judge may perform judicial or
magisterial functions as a judge or magistrate for another city, county, or state
agency, so long as the performance of such duties do not conflict with the duties
Assistant Municipal Judges Contract for Services Page 3
of the office of municipal judge for the City of DeNon. The City therefore
FINDS that the performance of such duties or holding of any other such office is
of benefit to the state of Texas and there is no conflict with the duties of this
office.
The City may remove the Assistam Judge from office during their term of office
pursuam to and in accordance with the requirement of §30.000085 of the Texas
Governmem Code, or its successor, as same may hereafter be amended.
9. The Assistant Judge may terminate this Contract by providing written notice of
resignation not less than 30 days prior to date of termination.
This Contract represents the entire and integrated Contract between City and the
Assistant Judge, and supersedes all prior negotiations and representations and/or
contracts either written or oral. This Contract may be amended only by written
instrument signed by both the City and the Assistant Judge. The Assistant Judge further
states that they have carefully read the foregoing Contract, and understands the contents
thereof, and signs the same as their own free act.
IN WITNESS WHEREOF, City has caused this Contract to be signed in its
name by Euline Brock, Mayor, and its corporate seal to be hereunto affixed and attested
by its City Secretary, and the Assistam Judge has hereumo set his or her hand and seal the
day and year first above written.
ASSISTANT JUDGE:
CITY OF DENTON, TEXAS
GREGORY L. BERTRAND
By:
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
CITY OF DENTON
APPROVED AS TO LEGAL FORM:
HERB PROUTY, CITY ATTORNEY
CITY OF DENTON
Assistam Municipal Judges Comract for Services Page 4
CONTRACT FOR SERVICES
FOR ASSISTANT MUNICIPAL JUDGE
THIS CONTRACT, is made and entered into this
__ day of
200
__, by and between the City of Denton, Texas, a Municipal Corporation of the
State of Texas, hereinafter referred to as "City", and JUDITHA LEE BERTRAND,
hereinafter referred to as "Assistant Judge".
WITNESSETH:
The City of Denton (hereinafter referred to as "City") does hereby APPOINT
and contract for the services of JUDITHA LEE BERTRAND (hereinafter
referred to as "Assistant Judge") for an TERM of APPOINTMENT of Two
(2) years, beginning on the 1st day of January, 2003, and continuing through
midnight, December 31st, 2005. Thereafter, said TERM of APPOINTMENT
shall be automatically renewed and extended and said Assistam Judge shall be
reappoimed for successive terms of two (2) years each unless either The City or
the Assistant Judge provides written notice of intent that said appointment and
comract shall not be renewed at least Thirty (30) days prior to the expiration of
any such term of appointment. The City of Denton therefore appoints and
designates said Assistam Judge as a municipal judge and magistrate for and under
the laws of the State of Texas, with all the powers, rights and duties of said
appoimmem for a term of Two (2) years as well as all successive terms unless
written notice of intent is given as provided herein. The Assistant Judge shall
comply with all requiremems of law and must perform all duties as required by
law and comply with all the terms of this agreement. Conditions and restrictions
as set forth for municipal judges as set forth under all applicable state statutes and
as required under the Texas Code of Judicial Conduct.
2. The City shall compensate Assistam Judge as follows:
(a) COURT SESSIONS AND WORKDAY JAIL MAGISTRATIONS -
For the performance of any services as a municipal court judge (or as a
statutory magistrate) for the City of DeNon while presiding over any
official court dockets or scheduled court sessions as assigned and directed
by the Presiding Judge for DeNon Municipal Court or scheduled through
the municipal court coordinator, Assistant Judge shall be entitled to
compensation at a rate of $30.00 per hour, with all portions of time over
thirty (30) minutes billed as one (1) full hour. Travel time to and from the
Court shall not be included as billable time.
(b) OFFICE HOURS/ COURT SESSION AND PREPARATION - In
addition to the performance of any duties in acting as a municipal judge or
magistrate during any time as assigned by the Presiding Judge or
scheduled through the municipal court coordinator, any office hours as
Assistam Municipal Judges Comract for Services Page 1
required for the completion of any paper work, documem preparation, or
warram execution shall be billed at $30.00 per hour, with time over thirty
(30) minutes billed as one (1) hour. Travel time to and from the Court
shall not be included as billable time.
(c) WEEKEND AND HOLIDAY JAIL MAGISTRATIONS - When
specifically assigned or designated by the Presiding Judge within his or
her sole discretion, to perform magisterial duties in the City of DeNon
Municipal Jail or other designated detemion or holding facility on either
(a) officially designated City of DeNon Holidays as designated by official
city calendar, and (b) on Weekends (being defined as Saturday and
Sundays), the Assistam Judge shall be compensated at a per diem rate of
$165.00 per day. The Assistam Judge shall, on any such designated
weekends and holidays, perform all judicial and magisterial functions
necessary for the timely magistration and processing of city held
prisoners, whether such would require one of multiple appearances on the
same day of any such weekends or holidays.
(d) IN-HOUSE TRAINING/JUDICIAL STAFF MEETINGS - The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spem in attendance at in-house judicial training or
mandatory judicial staff meetings as called by the presiding Judge, and
such time shall be billed at $30.00 per hour with time over thirty (30)
minutes billed as one (1) hour. Travel time to and from the meeting place
shall not be included as billable time.
(e) MANDATORY JUDICIAL EDUCATION TRAINING - The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spem in actual attendance at mandatory judicial training as
required by state law and such time shall be billed at $30.00 per hour with
time over thirty (30) minutes billed as one (1) hour. The City shall
reimburse or pre-pay the travel, meals and registration costs, in accordance
with the City's Travel Reimbursement Policy, incurred by the Assistant
Judge in attending the annual mandatory twelve (12) hour judicial
education course established by the Texas Municipal Courts Education
Center.
3. The Assistam Judge agrees as follows:
The Assistam Judge agrees to render services at the aforememioned compensation
terms. The Assistam Judge is responsible for maimaining accurate and complete
time records, setting forth the date, description of services rendered, the time
incurred in rendering such services, and the total time billed to City. Such time
records shall be submitted to the Municipal Judge or the Judicial Coordinator for
review on a bi-weekly basis, and on the same date as required for City personnel
payroll. Paymem will be processed and paid in accordance with the City's payroll
schedule. No additional benefits beyond the stated compensation will be
provided.
Assistam Municipal Judges Comract for Services Page 2
o
o
o
The Assistant Judge will receive docket assignments and work schedules within
the sole discretion of the Municipal Judge or his designee. The Assistant Judge
shall have no set work hours, assigned dockets or duties other than as directed by
the Presiding Municipal Judge or designee. The Assistant Judge is given no
assurances as to minimum hours, work assignments or specific dockets and
understands that all such work assignments are subject to change to accommodate
the needs of the Court. The Assistant Judge shall be available to perform and
shall perform if directed, the duties of the position, subject only to reasonable
notice.
The Assistant Judge must attend and complete any annual mandatory judicial
education or other minimum judicial training as required by the State of Texas
within the time periods as established by law. The Assistant Judge must maintain
membership and licensure with the State Bar of Texas and pay all membership
fees or dues on an annual basis as required by such membership or licensure. The
Assistant Judge herein represents that such membership is in good standing and
that all fees and mandatory continuing education requirements have been met at
the time of this appointment.
The Assistant Judge shall not take on representation of a client if such
representation would conflict with the Texas Code of Judicial Ethics or the Texas
Rules of Professional Conduct. The Assistant Judge shall not take on
representation of a client adverse to the City of Denton. The Assistant Judge shall
not represent a client in a case where an employee of the City of Denton, in his/her
capacity as an employee of the City of Denton is a witness or may be summoned to
appear as a witness.
During the duration of this Contract, the Assistant Judge shall comply with all
provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30
of the Texas Government Code, Subchapter FF, and all other applicable laws
pertaining to the operation of the Denton Municipal Court of Record, and his
duties as a Magistrate. In the event of a conflict between the terms of this
Contract and said Code, Charter, Statutes and laws, the terms of said Code,
Charter, Statues and laws shall govern.
The City herein acknowledges that the Assistant Judge may maintain a private
law practice and may perform outside legal services so long as such legal services
do not conflict with the Texas Code of Judicial Ethics or the Texas Rules of
Professional Conduct. The City acknowledges that it may be necessary for the
Assistant Judge to make use of the City's local phone system, computer, printer,
copier, and fax machine, or the like. While this use of City property is authorized,
the Assistant Judge must provide reimbursement to the City for any actual costs
involved in these and other permitted uses of City property.
The City further acknowledges that the Assistant Judge may perform judicial or
magisterial functions as a judge or magistrate for another city, county, or state
agency, so long as the performance of such duties do not conflict with the duties
Assistant Municipal Judges Contract for Services Page 3
of the office of municipal judge for the City of DeNon. The City therefore
FINDS that the performance of such duties or holding of any other such office is
of benefit to the state of Texas and there is no conflict with the duties of this
office.
The City may remove the Assistam Judge from office during their term of office
pursuam to and in accordance with the requirement of §30.000085 of the Texas
Governmem Code, or its successor, as same may hereafter be amended.
9. The Assistant Judge may terminate this Contract by providing written notice of
resignation not less than 30 days prior to date of termination.
This Contract represents the entire and integrated Contract between City and the
Assistant Judge, and supersedes all prior negotiations and representations and/or
contracts either written or oral. This Contract may be amended only by written
instrument signed by both the City and the Assistant Judge. The Assistant Judge further
states that they have carefully read the foregoing Contract, and understands the contents
thereof, and signs the same as their own free act.
IN WITNESS WHEREOF, City has caused this Contract to be signed in its
name by Euline Brock, Mayor, and its corporate seal to be hereunto affixed and attested
by its City Secretary, and the Assistam Judge has hereumo set his or her hand and seal the
day and year first above written.
ASSISTANT JUDGE:
CITY OF DENTON, TEXAS
JUDITHA LEE BERTRAND
By:
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
CITY OF DENTON
APPROVED AS TO LEGAL FORM:
HERB PROUTY, CITY ATTORNEY
CITY OF DENTON
Assistam Municipal Judges Comract for Services Page 4
CONTRACT FOR SERVICES
FOR ASSISTANT MUNICIPAL JUDGE
THIS CONTRACT, is made and entered into this
__ day of
200
__, by and between the City of Denton, Texas, a Municipal Corporation of the
State of Texas, hereinafter referred to as "City", and ANN STEPHENS POSTON,
hereinafter referred to as "Assistant Judge".
WITNESSETH:
The City of Denton (hereinafter referred to as "City") does hereby APPOINT
and comract for the services of ANN STEPHENS POSTON (hereinafter
referred to as "Assistant Judge") for an TERM of APPOINTMENT of Two
(2) years, beginning on the 1st day of January, 2003, and continuing through
midnight, December 31st, 2005. Thereafter, said TERM of APPOINTMENT
shall be automatically renewed and extended and said Assistam Judge shall be
reappoimed for successive terms of two (2) years each unless either The City or
the Assistant Judge provides written notice of intent that said appointment and
comract shall not be renewed at least Thirty (30) days prior to the expiration of
any such term of appointment. The City of Denton therefore appoints and
designates said Assistam Judge as a municipal judge and magistrate for and under
the laws of the State of Texas, with all the powers, rights and duties of said
appoimmem for a term of Two (2) years as well as all successive terms unless
written notice of intent is given as provided herein. The Assistant Judge shall
comply with all requiremems of law and must perform all duties as required by
law and comply with all the terms of this agreement. Conditions and restrictions
as set forth for municipal judges as set forth under all applicable state statutes and
as required under the Texas Code of Judicial Conduct.
2. The City shall compensate Assistam Judge as follows:
(a) COURT SESSIONS AND WORKDAY JAIL MAGISTRATIONS -
For the performance of any services as a municipal court judge (or as a
statutory magistrate) for the City of DeNon while presiding over any
official court dockets or scheduled court sessions as assigned and directed
by the Presiding Judge for DeNon Municipal Court or scheduled through
the municipal court coordinator, Assistant Judge shall be entitled to
compensation at a rate of $30.00 per hour, with all portions of time over
thirty (30) minutes billed as one (1) full hour. Travel time to and from the
Court shall not be included as billable time.
(b) OFFICE HOURS/ COURT SESSION AND PREPARATION - In
addition to the performance of any duties in acting as a municipal judge or
magistrate during any time as assigned by the Presiding Judge or
scheduled through the municipal court coordinator, any office hours as
Assistam Municipal Judges Comract for Services Page 1
required for the completion of any paper work, documem preparation, or
warram execution shall be billed at $30.00 per hour, with time over thirty
(30) minutes billed as one (1) hour. Travel time to and from the Court
shall not be included as billable time.
(c) WEEKEND AND HOLIDAY JAIL MAGISTRATIONS - When
specifically assigned or designated by the Presiding Judge within his or
her sole discretion, to perform magisterial duties in the City of DeNon
Municipal Jail or other designated detemion or holding facility on either
(a) officially designated City of DeNon Holidays as designated by official
city calendar, and (b) on Weekends (being defined as Saturday and
Sundays), the Assistam Judge shall be compensated at a per diem rate of
$165.00 per day. The Assistam Judge shall, on any such designated
weekends and holidays, perform all judicial and magisterial functions
necessary for the timely magistration and processing of city held
prisoners, whether such would require one of multiple appearances on the
same day of any such weekends or holidays.
(d) IN-HOUSE TRAINING/JUDICIAL STAFF MEETINGS - The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spem in attendance at in-house judicial training or
mandatory judicial staff meetings as called by the presiding Judge, and
such time shall be billed at $30.00 per hour with time over thirty (30)
minutes billed as one (1) hour. Travel time to and from the meeting place
shall not be included as billable time.
(e) MANDATORY JUDICIAL EDUCATION TRAINING - The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spem in actual attendance at mandatory judicial training as
required by state law and such time shall be billed at $30.00 per hour with
time over thirty (30) minutes billed as one (1) hour. The City shall
reimburse or pre-pay the travel, meals and registration costs, in accordance
with the City's Travel Reimbursement Policy, incurred by the Assistant
Judge in attending the annual mandatory twelve (12) hour judicial
education course established by the Texas Municipal Courts Education
Center.
3. The Assistam Judge agrees as follows:
The Assistam Judge agrees to render services at the aforememioned compensation
terms. The Assistam Judge is responsible for maimaining accurate and complete
time records, setting forth the date, description of services rendered, the time
incurred in rendering such services, and the total time billed to City. Such time
records shall be submitted to the Municipal Judge or the Judicial Coordinator for
review on a bi-weekly basis, and on the same date as required for City personnel
payroll. Paymem will be processed and paid in accordance with the City's payroll
schedule. No additional benefits beyond the stated compensation will be
provided.
Assistam Municipal Judges Comract for Services Page 2
o
o
o
The Assistant Judge will receive docket assignments and work schedules within
the sole discretion of the Municipal Judge or his designee. The Assistant Judge
shall have no set work hours, assigned dockets or duties other than as directed by
the Presiding Municipal Judge or designee. The Assistant Judge is given no
assurances as to minimum hours, work assignments or specific dockets and
understands that all such work assignments are subject to change to accommodate
the needs of the Court. The Assistant Judge shall be available to perform and
shall perform if directed, the duties of the position, subject only to reasonable
notice.
The Assistant Judge must attend and complete any annual mandatory judicial
education or other minimum judicial training as required by the State of Texas
within the time periods as established by law. The Assistant Judge must maintain
membership and licensure with the State Bar of Texas and pay all membership
fees or dues on an annual basis as required by such membership or licensure. The
Assistant Judge herein represents that such membership is in good standing and
that all fees and mandatory continuing education requirements have been met at
the time of this appointment.
The Assistant Judge shall not take on representation of a client if such
representation would conflict with the Texas Code of Judicial Ethics or the Texas
Rules of Professional Conduct. The Assistant Judge shall not take on
representation of a client adverse to the City of Denton. The Assistant Judge shall
not represent a client in a case where an employee of the City of Denton, in his/her
capacity as an employee of the City of Denton is a witness or may be summoned to
appear as a witness.
During the duration of this Contract, the Assistant Judge shall comply with all
provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30
of the Texas Government Code, Subchapter FF, and all other applicable laws
pertaining to the operation of the Denton Municipal Court of Record, and his
duties as a Magistrate. In the event of a conflict between the terms of this
Contract and said Code, Charter, Statutes and laws, the terms of said Code,
Charter, Statues and laws shall govern.
The City herein acknowledges that the Assistant Judge may maintain a private
law practice and may perform outside legal services so long as such legal services
do not conflict with the Texas Code of Judicial Ethics or the Texas Rules of
Professional Conduct. The City acknowledges that it may be necessary for the
Assistant Judge to make use of the City's local phone system, computer, printer,
copier, and fax machine, or the like. While this use of City property is authorized,
the Assistant Judge must provide reimbursement to the City for any actual costs
involved in these and other permitted uses of City property.
The City further acknowledges that the Assistant Judge may perform judicial or
magisterial functions as a judge or magistrate for another city, county, or state
agency, so long as the performance of such duties do not conflict with the duties
Assistant Municipal Judges Contract for Services Page 3
of the office of municipal judge for the City of DeNon. The City therefore
FINDS that the performance of such duties or holding of any other such office is
of benefit to the state of Texas and there is no conflict with the duties of this
office.
The City may remove the Assistam Judge from office during their term of office
pursuam to and in accordance with the requirement of §30.000085 of the Texas
Governmem Code, or its successor, as same may hereafter be amended.
9. The Assistant Judge may terminate this Contract by providing written notice of
resignation not less than 30 days prior to date of termination.
This Contract represents the entire and integrated Contract between City and the
Assistant Judge, and supersedes all prior negotiations and representations and/or
contracts either written or oral. This Contract may be amended only by written
instrument signed by both the City and the Assistant Judge. The Assistant Judge further
states that they have carefully read the foregoing Contract, and understands the contents
thereof, and signs the same as their own free act.
IN WITNESS WHEREOF, City has caused this Contract to be signed in its
name by Euline Brock, Mayor, and its corporate seal to be hereunto affixed and attested
by its City Secretary, and the Assistam Judge has hereumo set his or her hand and seal the
day and year first above written.
ASSISTANT JUDGE:
CITY OF DENTON, TEXAS
ANN STEPHENS POSTON
By:
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
CITY OF DENTON
APPROVED AS TO LEGAL FORM:
HERB PROUTY, CITY ATTORNEY
CITY OF DENTON
Assistam Municipal Judges Comract for Services Page 4
PLANNING & ZONING COMMISSION INFORMATION SHEET
AGENDA DATE:
January 20, 2004
DEPARTMENT:
CM/DCM/ACM:
Engineering
Jon Fortune, Assistant City Manager
SUBJECT: V03-0033 (ADP Addition perimeter paving and sidewalk variance)
Consider approval of a partial exaction variance of Section 35.20.2(L.2.) of the Code of
Ordinances concerning perimeter paving and 35.20.3 (B.) concerning perimeter sidewalk
requirements. The approximately 2-acre parcel is located on the west side of Westgate Drive
north of Windsor Drive. The property is located in a Neighborhood Residential 2 (NR-2) zoning
district. A single-family residence is proposed. The subject lot is being subdivided from a 75-acre
parcel. No development is proposed at this time for the remaining property. P&Z recommends approval
of the partial variance as presented by staff (7-0)
BACKGROUND:
Mr. Jerald Yensan RPLS representing the developer/owner of this property has applied for a
partial variance of Sections 35.20.2(L.2.) and 35.20.3 (B.) of the Code of Ordinances concerning
perimeter paving and sidewalks respectively. The request is for relief from the total costs
associated with paving and sidewalk improvements to the entire 207-foot frontage of the lot
along Westgate Drive as required by code. The subject sections of the ordinance require
construction or payment for improvements along the frontage of the development with city
standard pavement including curb and gutter and an 8-foot wide sidewalk.
Westgate Drive is currently a paved asphalt 2-lane roadway with no shoulder and with borrow
ditches on both sides. It is classified as a collector street. There is currently no sidewalk in this
immediate area of Westgate Drive.
The applicant based the reason for the partial variance request on the cost for the subject
improvements in comparison to the size and type of development.
The City Council may approve the partial variance if the following criterion is met:
b)
Criteria for variances from development exactions. Where the commission finds that the
imposition of any development exaction pursuant to these regulations exceeds any
reasonable benefit to the property owner or is so excessive as to constitute confiscation of
the tract to be platted, it may recommend approval of variances to waive such exaction's,
so as to prevent such excess, to the City Council. Waiver of developmental exactions
shall be approved by the City Council.
The price the applicam(s) paid for the parcel, or the cost of the proposed building improvemems
is not a factor in determining reasonable costs. The question is, are the costs associated with the
public improvement reasonable and consistent with the type of development proposed and the
demand for services created by the developmem.
PRIOR ACTION/REVIEW
The Planning & Zoning Commission voted 7-0 to recommend approval of the partial variance on
December 17~h, 2003.
FISCAL INFORMATION
City staff estimates typical installation of 25ft wide pavement with curb and gutter at $75/foot
and 8 foot wide sidewalk at $12 per foot. The required paving improvemem, for approximately
207ft of frontage along Westgate Drive, would cost an estimated $15,525.00 and for the
corresponding sidewalk, $4150.00 (total $19,665.00).
Staff understands the cost to construct perimeter pavement with curb and gutter and install
sidewalk for the emire 207 feet of fromage is prohibitive in the developmem of one residemial
lot. Currem City ordinance has allowed for paymem in lieu of the construction of perimeter
streets and sidewalks. City staff has determined that the average cost per residential lot in
DeNon as being $5,400.00 for pavemem improvemems and $1440.00 for sidewalks.
Therefore, this single lot fee would total $6840.00 for the pavemem and sidewalk improvemems.
Staff has consistently recommended partial variances for similar developments, based on the cost
of such improvemems for an average sized lot in the City of DeNon. In accordance with the
current ordinance, the fee associated with the costs of construction may be posted with the City
in lieu of actual construction. The City maintains this money in an interest bearing account and
if the improvements are not complete, under construction or under design within 10 years (of the
time of deposit of this money), the City is required to return the money to the payee(s) with
interest.
RECOMMENDATION
Staff recommends approval of the partial variance, resulting in the developer's payment of a total
of $6840.00 in lieu of pavemem and sidewalk design and construction along Westgate Drive.
The Planning & Zoning Commission recommended approval of the partial variance at their
Decemberl7th, 2004 Meeting. (7-0)
ATTACHMENTS
1. Site location map
2. Plat
3. Applicam's letter
4. December 17th, 2003 P&Z Minutes
2
Prepared by:
David Salmon PE, City Engineer
Engineering Department
Respectfully submitted:
Charles Fiedler
Director, Engineering
ATTACHMENT 2
SURVEYORS, INC.
December 10, 2003
Attachment 3
4238 1-35 North
Denton, Texas 76207-8408
(940) 382-4016
Fax (940) 387-9784
landmarksv@aol,com
City of Denton, Engineering Department
David Salmon, P. E.
t t t West McKinney St.
Denton, TX 76201
Re: ADP AdditiOn variance request
Dear Mr. Salmon,
Partial Variance is hereby being sought for the ADP Addition. The variance
being asked for is for improvements on Westgate Drive. The owner has
expressed a willingness to participate in a partial variance and will
support fees of .~? lieu of construction and design for sidewalk and
perimet.e~ing ~ ~ ~
Sin~ __ ~
Je~- L. S.
Excerpt from 12-17-03 P&Z Minutes
4. ITEMS FOR INDIVIDUAL CONSIDERATION: Consider the following items
and make a recommendation to the City Council:
mo
Consider making a recommendation to City Council regarding exaction variances
of Sections 35.20.2(L.3.a) and 35.20.3(B) of the Development Code. The
approximately 2-acre parcel is located on the west side of Westgate Drive north of
Windsor Drive. The property is located in a Neighborhood Residential 2 (NR-2)
zoning district. A single-family residence is proposed. The subject lot is being
subdivided from a 75-acre parcel. No development is proposed at this time for the
remaining property.
1) 35.20.2(L.3.a.) of the Code of Ordinance concerning
improvements to a perimeter street; and
2) 35.20.3 (B) of the Code of Ordinances concerning a perimeter street's
sidewalk requirements. (V03-0033, ADP Addition, David Salmon).
David Salmon presented.
Motion by Powell for 4.A. 1, seconded by Holt and unanimously carried to approve (7-0).
Motion by Powell for 4.A.2, seconded by Holt and unanimously carried to approve (7-0).
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
January 20, 2004
Planning and Development Department
Jon Fortune, Assistant City Manager
SUBJECT: ADP03-0008 (Buchanan Addition)
Consider adoption of an ordinance concerning the Alternative Development Plan for
approximately 0.45 acres located in a Community Mixed Use - General (CM-G) zoning district.
The property is generally located south of McKinney Street on the east side of Woodrow Lane.
An office building is proposed. The Planning and Zoning Commission recommends approval (7-
0).
BACKGROUND
Applicam: Brian Buchanan Demon, Texas
The applicant is requesting the Alternative Development Plan to allow for parking to be located
between the building and the street and to provide for six additional parking spaces for customer
parking. The applicant is proposing to use landscaping and an architectural wall approximately
three feet high to minimize the six parking spaces between the building and the street. An
additional nine spaces for employees will be located behind the building.
OPTIONS
1. Approve as submitted.
2. Deny.
3. Postpone consideration.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (7-0).
ESTIMATED PROJECT SCHEDULE
This property has been platted and is subject to building permits.
PRIOR ACTION/REVIEW
The following is a chronology of ADP03-0008, commonly known as the Buchanan Addition:
Ordinance 2002-040, adopted on February 20, 2002 placed the subject property in Community
Mixed Use - General (CM-G) zoning district and land use classification.
Prior to the adoption of the Development Code, the property was zoned Office District.
1
ATTACHMENTS
1. Staff Analysis
2. Location & Zoning Maps
3. Applicant's Letter
4. Proposed Site Plan
5. December 17, 2003 Planning and Zoning Commission Minutes
6. Ordinance
Prepared by:
Deborah Viera, AICP
Planner II
Respectfully submitted:
Kelly Carpenter, AICP
Director of Planning and Development
ATTACHMENT 1
Staff Analysis
Summary of Request
The site is approximately 0.45 acres. A professional office building is proposed. The applicam
is requesting approval of an Alternative Development Plan to allow for parking between the
building and the street and to allow for six more parking spaces than allowed. The applicam is
proposing to place six parking spaces between the building and the street. An additional nine
spaces will be in the behind the building, these spaces are imended for employee use. The six
spaces in the from of the building will be reserved for customer use only and will be screened by
a brick wall that will be approximately three feet in height. Since this building will primarily
serve as an office building for attorneys it is believed that the parking in front reserved for only
customers will not be completely occupied on a continuous basis for the entire business day. The
applicant has intentions of meeting or exceeding all other site design requirements.
Existing Condition of Property
Adjacem zoning:
North: Community Mixed Use- General (CM-G) - Professional Offices
South: Community Mixed Use- General (CM-G) - Vacam Lot
East: Community Mixed Use- General (CM-G) - Multi-family Uses
West: Community Mixed Use- General (CM-G) - Demon County Facilities
Comprehensive Plan Analysis
The subject site is located within the "Community Mixed-Use Activity Centers" future land
use area. The focus area of a community activity cemer comains the shopping, services,
recreation, employment, and institutional facilities that are required and supported by the
surrounding community. Thus, a community activity cemer could comain a supermarket, drug
store, specialty shops, service stations, one or more large places of worship, a community park,
midsize offices, and employers, high- to moderate- density housing, and perhaps an elememary
or middle school. It includes vertically imegrated uses where different uses may occur on each
floor of the building.
The proposed law office will provide support to the existing institutional facilities in the
surrounding area. The proposed site plan will be compatible with the surrounding developmem.
The site plan has meet all of the urban design standards as listed in Chapter 4 of The Denton
Plan, such as parking standards to reduce the amount of pavement, the location of solid waste
containers so that they are not within the view of the public right-of-way, and the use of
landscaping and architectural screening walls to create an idemifiable activity cemer.
Development Code/Zoning Analysis
Currem Community Mixed Use - General (CM-G) zoning allows for the developmem of the
proposed office building. Site design criteria does not allow for parking between the building
and the street. Section 35.13.13.3 states that buildings shall be directly accessed from the street
and sidewalks and that parking areas shall not exist between the street and the building.
The plat that was filed on this property shows a mutual access easement for the lot to the south of
the subject site. That easement requires this development to maintain connectivity to adjacent
parcels.
Alternative Development Plan Criteria
An applicant may propose an Alternative Development Plan, which meets or exceeds the design
objectives of Subchapter 35.13 but does not meet the standards of Subchapter 35.13. The
Alternative Development Plan provides the option to address the design criteria through a
flexible discretionary process. The criteria for approval is as follows:
1. Preserve Existing Neighborhoods.
The proposed development and structure would preserve the existing neighborhood.
2. Assure quality development that fits with the character of Denton.
The proposed development will meet the criteria of the Denton Development Code, and
the construction and site design will be compatible with the character of Denton and the
specific area.
3. Focus on new development to activity centers to curb strip development and urban
sprawl.
The urban sprawl and strip development requirement does not apply.
4. Ensure that infrastructure is capable of accommodating development prior to the
development occurring.
Adequate infrastructure exists to service the proposed development.
Staff Findings
The proposed Alternative Development Plan is consistent with the intent of the Development
Code.
Staff Recommendation
Based on above findings staff recommends approval of the requested Alternative Development
Plan.
ATTACHMENT 2
Location Map
Zoning Map
Scale: None
NORTH
Attachment 3
December 5, 2003
City o f Denton
Public Works Department
215 East MeKinney Street
Denton, TX 76201
103 Woodmw
Denton, Texas 76201
A!temate Development Plan
Dear Sir or Madam:
We are requesting an alternate development plan :for the proposed office building at t03
Woodrow in the City of Denton, The office building proposed for this site is to be a law
office: The following reasons for this request are:
We are building a beautiful 'tOld San Antonio Style" white Austin stone office
building, providing an attr~tive professional office building to that area.
We are landscaping around the front and east side of the building with a raised
stone landscape bed consisting of indigenous pl~ts and shrubs such as purple
sage md a variety of flowering, cactus. We have added 3 island grass areas along
the front (west side) of the property with shnths and trees;, and a grass strip along
the south side of the driveway to incorporate as many existing trees within the
boundary line as possible, providing the 20% reconmended opera/green space.
To mitigate the recommended 10 fi. buffer between the east side of lot md the
apartment complex, we have added 3 island grass areas with trees (existing and
planted) approximately every 30 fi. to exceed We recommended open space by
2% for a total of 22%,
We are plating 6 live oaks and utilizing 9 existing trees creating a beautiful well~
shaded lmdscape plan, The tree canopy coverage for this site will also exceed its
recommended 30% coverage by 29% for a total of 59%,
To mitigate the (7) parking spaces in front of the building provided as a
convenience to "clients only", a beauti~t Austin stone retaining wall with pillars
on each end md a 4 fi, arched area :in the middle for the building sign, will be
constructed along the front to provide a shield between these parking spaces and
the street. Due to the nature of the law profession, client parking would rarely
exceed 30 minutes at any given time~ Additionally, we have provided 9 parking
spaces at the hack of the building for office tenant parking. All office tenants
would be required to park in those spaces in the rear of the building
'With all of this in place, we believe that the placement of the office building in. the
middle of the lot, with a front parking area surrounded with high quality landscaping,
buffered by a beautiful stone retaining wall, will! enhance the overall attraetivenes.s of the
office building, will maintain a continuity with the existing taw office building adjacent
to the north, will project an extremely attractive curb appeal, will add a positive and
much needed addition to the surrounding area, and provide the City of Denton md its
citizens with an attractive place ofbusiness~
Fire protection for this building is more th~ adequate. Client, has at his expense,
installed a fire hydrant in the northwest comer of the lot,
We believe that this law firm will continue the pattern of many desiring to relocate to this
area providing the area with a hea!~y economic base.
We respectfully request that you accept our request ~%ran alternate development plan for
this site.
Sincerely,
Ernest Hedgcoth, P.E.
EH/ss
At'tachment 4
s~X~,l' 'uo~u~(I
DNI~II gVf~L
Planning and Zoning Commission
December 17, 2003
Page 2 of 5
Attachment 5
4. ITEMS FOR INDIVIDUAL CONSIDERATION: Consider the following items and make a
recommendation to the City Council:
Consider making a recommendation to City Council regarding exaction variances of
Sections 35.20.2(L.3.a) and 35.20.3(B) of the Development Code. The approximately 2-
acre parcel was located on the west side of Westgate Drive north of Windsor Drive. The
property was located in a Neighborhood Residential 2 (NR-2) zoning district. A single-
family residence was proposed. The subject lot was being subdivided from a 75-acre parcel.
No development was proposed at this time for the remaining property.
1) 35.20.2 (L.3.a.) of the Code of Ordinances concerning improvements to a perimeter
street; and
2) 35.20.3(B) of the Code of Ordinances concerning a perimeter street's sidewalk
requirements. (V03-0033, ADP Addition, David Salmon).
David Salmon, City Engineer, briefed Commissioners on the variance request.
Commissioner Powell moved, Holt seconded to approve 4.A. 1.
Motion carried 7-0.
Commissioner Powell moved, Holt seconded to approve 4.A.2.
Motion carried 7-0.
Consider approval of a physical hardship variance of Section 35.20.3 G,3) of the
Development Code relating to a dual street frontage lot. The proposed 1.05-acre lot was
located approximately 150 feet west of Southridge Drive between Ridgecrest Circle and
Stonegate Drive. One single-family lot was proposed. (V03-0032, Southridge Addition,
Larry Reichhart).
Larry Reichhart, Assistant Director of Planning, briefed Commissioners on this variance request.
Commissioner Powell moved, Johnson seconded to approve the variance request.
Motion carried 7-0.
C. Hold a public forum to receive comments for inclusion into the quarterly report on the
Development Code.
Larry Reichhart, Assistant Director of Planning, briefed Commissioners on this item. There was no
input from the Commissioners or the public.
5. PUBLIC HEARINGS: Hold public hearings and consider making recommendations to the City
Council on the following items:
Alternative Development Plan for approximately 0.45 acres located in a Community
Mixed Use - General (CM-G) zoning district. The property was generally located south
of McKinney Street on the east side of Woodrow Lane. An office building was proposed.
(ADP03-0008, Buchanan Addition, Wes Morrison).
Planning and Zoning Commission
December 17, 2003
Page 3 of 5
The public hearing was opened.
Wes Morrison, Planner I, briefed the Commissioners on this item.
Ernest Hedgecoth, Ernest Hedgecoth Engineers, presented for the applicant.
The public hearing was closed.
Commissioner Holt moved, Roy seconded to approve the request.
Motion carried 7-0.
Rezoning of approximately 5 acres from a Neighborhood Residential 4 (NR-4) zoning
district to a Neighborhood Residential 6 (NR-6) zoning district. The property,
commonly known as 305 and 321 Mockingbird Lane, was generally located at the
intersection of Mockingbird and Oriole Lane, along the west side of Mockingbird Lane.
Detached single-family units were proposed. (Z03-0022, Oriole Court, Deborah Viera).
The public hearing was opened.
Deborah Viera, Planner II, advised the Commission the notice for the neighborhood meeting did not
arrive in a timely manner to the neighborhood. The applicant requested to postpone until the first
meeting in January.
Commissioner Holt moved, Powell seconded to postpone until January 14, 2004.
Motion carried. 7-0.
Rezoning of approximately 5.4 acres from a Neighborhood Residential 4 (NR-4) zoning
district to a Neighborhood Residential 6 (NR-6) zoning district. The property,
commonly known as 406, 408,410, and 414 Mockingbird Lane, was generally located at the
intersection of Mockingbird Lane and Weston Drive along the east side of Mockingbird
Lane. Detached and attached single-family units were proposed. (Z03-0023, Nevada Court,
Deborah Viera).
The public hearing was opened.
Deborah Viera, Planner II, advised the Commission the notice for the neighborhood meeting did not
arrive in a timely manner to the neighborhood. The applicant requested to postpone until the first
meeting in January.
Commissioner Holt moved, Powell seconded to postpone this item until January 14, 2004.
Motion carried. 7-0.
Specific Use Permit for an automotive repair shop. The approximately 0.95 acre
property is in a Downtown Commercial General (DC-G) zoning district and is generally
located south of McKinney Street approximately 300 feet east of Frame Street. (Z03-0029,
A&A Motors, Chris Fuller).
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE
DEVELOPMENT PLAN FOR LOT 1 BLOCK 1 OF THE BUCHANAN ADDITION, BEING AN
APPROXIMATE 0.45 ACRE SITE LOCATED APPROXIMATELY 570 FEET SOUTH OF
MCKINNEY STREET AND WOODROW LANE INTERSECTION ALONG THE EAST SIDE OF
WOODROW LANE; CO~MMONLY KNOWN AS 103 WOODROW L.42NE,; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING A SEVER_ABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP03-0008)
WHEREAS, Brian Buchanan, owner of an approximate 0.45 acre tract of land zoned
Commtmity Mixed- Use General (CM-G) and legally described as Lot 1 Block 1 of the Buchanan
Addition (the "Property"), has made an application for approval of an alternative development plan
under the Development Code regulations, a copy of which is attached hereto as Exhibit "A" and
made a part hereof by reference (the "Altemative Development Plan"); and
WHEREAS, on December 17, 2003, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the Alternative Development Plan;
and
WHEREAS, the City Council finds that the Alternative Development Plan is consistent with
the Comprehensive Plan and meets the requirements of the Development Code; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Alternative Development Plan for the Property is hereby approved.
SECTION 2. If any provision of this ordinance or the application thereof to-any person or
circun~stance is held invalid by any court, such invahdity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 3. Anyperson violating any provision of this ordinance shall, upon conviction, be
fmed a sm not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 4. t this ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the. caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (i0) days of the date of its passage.
PASSED AND APPROVED this the
day of _, 2004.
Page 1 of 2
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
Page 2 of 2
M~i^Dcl J. ND~dO-1DADC]
~DNINOZ GN'~' ONINN~'qd
Exhibit A
AGENDA INFORMATION SHEET
AGENDA DATE: January 20, 2004
DEPARTMENT:
ACM:
Solid Waste/Recycling
Howard Martin, 349-8232
SUBJECT
Consider adoption of a Resolution of the City Council of the City of Demon, Texas, authorizing
the City Manager, as Denton's authorized representative, to file a project application with the
North Cemral Texas Council of Governmems ("NCTCOG") for a regional solid waste program
local project; authorizing the City Manager to act on behalf of the City of Demon in all matters
related to the application; and pledging that if a project is received, the City of Demon will
comply with the project requirements of the NCTCOG, the Texas Natural Resource
Conservation Commission and the State of Texas (Recycling-Pilot Program-Elememary School
in Demon, Texas-Research and Developmem of Educational Materials-S42,400); and providing
an effective date.
BACKGROUND
This NCTCOG administered grant is to fund a temporary part-time Administration Intern to help
conduct research and develop curricula pertaining to recycling in Lee Elememary School. This
program will promote recycling both at school and participating in curbside and drop-off
recycling programs offered by the City of Demon at home. Research will be done to measure
both participation in the affected neighborhoods and the impact on the volume/weight of waste
produced at the school. State TEKS conforming curricula will be developed aimed at each grade
level. Money is also allocated for a child-oriemed mascot costume, priming, educational and
promotional items, recycling containers and presentation materials.
OPTIONS
N/A
RECOMMENDATION
Approve
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
N/A
FISCAL INFORMATION
Total gram funds applied for are $42,400
BID INFORMATION
N/A
EXHIBITS
1. Resolution
2. Project Description
3. Grant Application
Prepared by:
Shirlene Sitton
Recycling Manager
Respectfully submitted:
Vance Kemler
Director of Solid Waste Services
RESOLUTION NO. R2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER, AS DENTON' S AUTHORIZED
REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL
TEXAS COUNCIL OF GOVERNMENTS ("NCTCOG") FOR A REGIONAL SOLID WASTE
PROGRAM LOCAL PROJECT; AUTHORIZING THE CITY MANAGER TO ACT ON
BEHALF OF THE CITY OF DENTON IN ALL MATTERS RELATED TO THE
APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED, THE CITY OF
DENTON WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG,
THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AND THE STATE
OF TEXAS (RECYCLING-PILOT PROGRAM-ELEMENTARY SCHOOL IN DENTON,
TEXAS-RESEARCH AND DEVELOPMENT OF EDUCATIONAL MATERIALS-S42,400);
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the North Central Texas Council of Govermnents (hereafter "NCTCOG") is
directed by the Texas Commission on Environmental Quality ("TCEQ") to administer solid
waste project funds for implementation of the Council of Government's adopted regional solid
waste management plan; and
WHEREAS, the City of Denton in the State of Texas is qualified to apply for project
funds under the Request for Projects; NOW, THEREFORE,
NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY
RESOLVES:
SECTION 1. That the City Manager of the City of Denton, Texas, is authorized to
request project funding under the North Central Texas Council of Govemments Request for
Projects of the Regional Solid Waste Local Project Funding Program for the Recycling-Pilot
Program-Elementary School in Denton, Texas-Research and Development of Educational
Materials Grant Application, and to act on behalf of the City of Denton, Texas in all matters
related to the project application and any subsequent project contract, and project that may result.
SECTION 2. That if the project is funded, the City of Denton, Texas will comply with
the project requirements of the NCTCOG, the Texas Commission on Environmental Quality, and
the State of Texas.
SECTION 3. That the project funds and any project-funded equipment or facilities will
be used only for the purposes for which they are intended under the project.
SECTION 4. That activities will comply with and support the adopted regional and
local solid waste management plans and recycling plans adopted for the geographical area in
which the activities are performed.
1 EXHIBIT 1
SECTION 5. That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the 20th day of January, 2004.
EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
S:\Our DocumentsLResolutions\04\NCTCOG Project Application-Resolution-Jan 04 Solid Waste-Recycling Grant,doc
RECYCLING WITH REX!
The City of Denton has recently implemented a city wide residential curbside recycling program,
but this is just the first step towards "seeing less trash" in our region. To bolster the success of
curbside recycling the next step is to develop comprehensive recycling programs within the
schools in Denton, and utilize partnerships of interested organizations. For our pilot program,
we are working with the Denton Independent School District, Keep Denton Beautiful, and The
University of North Texas. DISD currently operates twenty-one schools and is slated to open a
new school every year for the next five years. While at least 80 percent of the waste generated
by schools is recyclable, only five schools in Denton recycle, and they only recycle paper. Not
only is it important for an entity of this size to recognize the importance of recycling within the
community, it is also important to solidify the message we are sending to the students. If we
say to our families, it is important to recycle at home, our children may wonder, why it is not
equally as important to recycle at school? Further, research supports the notion that recycling
at school builds good habits and these habits will follow the children as they return home
(Recycling Today, 2002).
The overall goal of the project is to increase city wide recycling rates while decreasing waste
generation. In order to achieve this goal we propose to:
1. Develop and implement an experimental design to measure the amount of waste-
stream generated from a single school before and after the implementation of a
comprehensive school-recycling program that accepts all of the same materials as
Denton's single-stream curbside program; and to measure any subsequent change
in residential curbside set-out rates within the school district.
2. To provide recycling and waste prevention education as ready-to-use curricula that
meets the state TEKS 112. _(b)(1 )(B), provide Waste-in-Place training to teachers,
and promote the purchasing of recycled materials within the school.
3. Submit our research findings to the Metroplex Recycling Coordinators Roundtable to
expand the regional recycling education campaign as well as to appropriate journals
and conferences.
Design: Two schools will be utilized for the initial research. One school, with a population of
approximately 500 students, will serve as the experimental group, while the second school, with
a similar population, will serve as the control. We will implement a child-oriented recycling
campaign that uses our mascot, "Recyclesaurus Rex," and comprehensive in-school recycling
program promoting both at-school and at-home recycling that emphasizes student participation.
We will dedicate qualified part-time staff to the project to be responsible for overseeing the day-
to-day operations of the project by implementing each of the programs set forth in the goals.
Staff will work with in-school teacher contact and principal to orchestrate programs and
communications to school staff and students. Staff will collect and analyze the data, conduct
trainings and programs at school and for the public, work with school custodians to ensure an
effective collection system, and prepare ready-to-use curricula packets for teachers.
Impact: Schools pay attention to their financial bottom line. If the proposed research
demonstrates that individual schools can decrease their waste-stream through comprehensive
recycling and demonstrate a cost-savings via reduction of commercial solid waste collection
fees, then the district may recognize the benefit of all twenty-one schools participating. If one
school district can demonstrate a cost-savings, then other school districts within the region may
recognize the benefits for their communities also, i.e. cost savings; reduce-reuse-recycle
education as directed by the state; and the creation of life-long conservation habits and
EXHIBIT 2
environmental stewardship among their constituents. Upon successful completion of the
project, we hope to implement the program in all Denton lSD schools, effectively serving 1,100
teachers and more than 15,000 students within the school communities and, in turn, these same
individuals will affect their family members, increasing participation in the residential recycling
programs and exponentially impacting the larger community.
Timeline
At least once per month- count residential set-outs
Periodically weigh trash from school
Every recyclin.q collection will be weiqhed
January-February
· Obtain baseline data: Weigh trash in school, count set-outs
· Place recycling containers at school $1042 for two 8-yrd slant dumpsters for
commingled recycling collection
March
·
·
·
·
Take-home flier to parents $10
Start recycling in school
Order Rex Mascot $2500
Develop presentation materials $1000
1. Booth- backboard, photography, graphics, text promoting in-school recycling
2. Speaker oriented- power point, demonstration materials
Conduct educational activity at KDB's Redbud Fest with Education Committee $200 for
activity supplies
Take-home flier promoting recycling, Earth Day, Jazz Fest $10
April
·
·
Conduct educational activity at KDB's Great American Cleanup luncheon $50
Conduct educational/promotional activities at Denton's three-day Jazz Fest with KDB
and UNT (children's learning area) $800 for activity supplies and promotional items
May
·
·
Take home flyer reminding kids to recycle at home over the summer $10
Obtain extra end-of-school-year data
June-August
· Existing curriculum research, development of program-specific lessons
September · Rex mascot welcomes kids back!
· Provide teachers pilot curricula for in-class evaluation $100
· Take-home flyers informing parents about program $10
· Begin in-class education and presentations (throughout fall) $200 for activity materials
October · Prepare TRD promotions
· Waste-in-Place training in school 10 teachers $1000
November
· Take-home flyer regarding TRD event $10
· TRD event in-school- co sponsor "Family Fun Science Night" with DISD/PTA.
appearance! $ ~ 000 for activity supplies for students and families
Rex
December
· Weekly data gathering for end-of-year
January-May 05 · Continue school recycling; ending data gathering at 1 year in March
· Data analysis
· Report writing
· Preparation of teacher curriculum and supply packets $500
· Preparation of ready-to-go presentation and education materials for Recycling Staff and
KDB staff (or volunteers) $90
April
·
·
·
Take-home flier with study result info, reminders to keep recycling $~0
In-school recycling with Rex contest by grade to tie into Great American Clean-up $400
Presentation of findings to Metroplex Recycling Coordinators Roundtable
June
· Finish all reporting
North Central Texas Council of Governments
FY2004/05 SOLID WASTE IMPLEMENTATION PROJECT APPLICATION
Project Organization Project Contact Name
City of Denton Shirlene Sitton
Mailing Address
1527 S. Mayhill Rd. Denton TX 76209
Fax Number
940-349-8057
Telephone Number
940-349-8054
Email Address
Shirlene.sitton@cityofdenton.com
Recycling With Rex! Denton School Recycling Pilot Program
Please check only one goal and indicate the specific objective with its action recommendation to be
addressed (See page 27 in the RFP for additional details). Reminder, projects that focus on priority action
recommendations may receive up to 5 bonus points.
[~ Time to Recycle Goal
[~ Stop Illegal Dumping Goal
[~ Assuring Capacity for Trash Goal
Specific objective with its action recommendation:
Use outreach and education programs to facilitate long-term changes in attitudes about source
reduction, reuse and recycling.
· Develop new or expand existing programs tht promote public awareness of the benefits of
recycling
· Help maior companies and local governments to find out about buying recycled options
· Continue to work with the Metroplex Recycling Coordinators Roundtable to expand the
regional recycling education campaign
· Support changes in product design and manufacturinq, consumer purchasinq habits and
home disposal practices to reverse the growth in per-capita waste generation
4. Amount of Funding Requested (minimum $5,000) $ 42,400
5. Multi-jurisdictional partnerships (Will your project include other jurisdictions and is it cooperative or
regional in its scope? Please describe):
This project is being conducted as a partnership between the City of Denton, DISD, Keep Denton
Beautiful, and the University of North Texas/Environmental Science. KDB's Education Committee
Chair and members are involved in project design and implementation. The grant-funded intern will
be a UNT Environmental Science graduate student, and this research and curricula will serve as her
thesis with expert input and help with the statistical analysis from Environmental Science professors
and other grad students. Both KDB members and UNT students will help with gathering data and
developing educational programs.
Please attach up to two pages with no more than 1,000 words; use Font size 11 and copy on both sides of
the page. See page 28 in the RFP for additional details.
EXHIBIT 3
7. Authorized signature (signatory must have contract signing authority):
Signature Title
Print name Date
All proiect timelines beqin with the execution of the Interlocal Aqreement and proceed
throu.cjh the end date of June 30, 2005.
8. PROJECT BUDGET SUMMARY
(up to 25 points)
1. Personnel/Salaries $ 33,456
2. Fringe Benefits $
3. Travel $
4. Supplies (general office supplies) $
5. Equipment (unit cost of $1,000 or more) $
6. Construction $
7. Contractual (other than construction costs) $
8. Other $
9. Total Direct Charges (sum of 1-8) $
10. Indirect Charges $
11. Total (sum of 9 - 10) $
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Please explain in detail any matching funds or in-kind service contributions to be provided by the applicant.
Public Information Office desi.qn fees $50.00/hr x 20 hrs =$1000.00
15 Recycling carts ~ $30.00 ea =$450.00, 30 Recycling totes (~,,5.00 ea = $150
Collection Trucks, 5hrs per week, 37 weeks, $37.00/hr= $6835.00
This budget information should be completed if any expenses are entered for Personnel (Line 1), Fringe Benefits (Line 2) and/or In-direct
Charges (Line 10) of your Project Budget Summary. In the space below, list the names and titles of individuals whose salaries will be paid for
in all or in pad from project funds. Also, indicate if funds are for a new or existing employee (attach additional sheets if necessary).
Employee name CareyCunnin.qham-Scott
Title Recyclin.q Administrative Intern II
Salary $ 33,456 for duration of grant
Employee name
Title
Salary $
Employee name
Title
Salary $
Employee name
Title
Salary $
If your budget lists fringe benefits (Line 2) and/or in-direct costs (Line 10), please provide the following:
· Fringe benefit rate: %
· In-direct charge rate*: %
*In accordance with the UGMS, indirect charges may be authorized if the applicant has a negotiated indirect cost rate agreement signed
within the past 24 months by a federal cognizant agency or state single audit coordinating agency. The applicant may be authorized to
recover up to 10% of direct salary and wage costs (excluding overtime, shift premiums, and fringe benefits) as indirect costs, subject to
adequate documentation. If you have an approved cost allocation plan, please enclose documentation of your approved indirect rate.
This budget section should be completed if any expenses are entered for Travel (Line 3) of your Project Budget Summary. In-state travel
expenses directly related to the conduct of the funded project may be authorized. Please describe below the types of travel expenses
expected, conference/workshop names if known, and purpose for travel.
Purpose of travel:
Cost: $
Purpose of travel:
Cost: $
Purpose of travel:
Cost: $
This budget section should be completed if any expenses are entered for Supplies (Line 4) of your Project Budget Summary. Supplies are
consumable items that generally have a useful life of less than one year and have a unit cost of less than $1,000. Expenses for food and
beverages are not allowable. Please describe below the general supplies expenses you intend to purchase with project funding; attach
additional sheets if necessary.
General supplies Costs
$
This budget section should be completed if any expenses are entered for Equipment (Line 5) of your Project Budget Summary. Equipment
expenses include non-construction related, tangible, personal property having a unit acquisition cost of $1,000 or more (including freight and
set-up costs) with an estimated useful life over one year. Please describe below the equipment expenses you intend to purchase with project
funding, providing as many specifications as possible at this time. Attach additional sheets if necessary.
Equipment (description, type, model, etc.) Costs
Rex Mascot Costume 1 $2500.0
Display Booth 1 $1000.00
# of units
This budget section should be completed if any expenses are entered for Construction (Line 6) of your Project Budget Summary.
Construction expenses include the cost of planning the project, materials and labor, cost of equipment attached to the permanent structure
and any sub-contracts performed as part of the construction. All local government municipal laws and regulations including USMS for bidding
and contracting for services must be followed. Please itemize below the construction expenses associated with the proposed project,
providing as many specifications as possible at this time. Attach additional sheets if necessary.
Construction (and related expenses)
Costs
T°tal$
This budget section should be completed if any expenses are entered for Contractual (Line 6) of your Project Budget Summary. Expenses
include the cost of professional services or tasks provided by firm or individual whom is not employed by the project funds recipient, other
than those related to construction. All local government municipal laws and regulations including USMS for bidding and contracting for
services must be followed. Please itemize below the contractual expenses associated with the proposed project, providing as many
specifications as possible at this time. Attach additional sheets if necessary.
Contractual Costs
$
This budget sheet should be completed if any expenses are entered under the Other (Line 8) of your Project Budget. "Other" expenses are
those for items or services that do not readily fit into any of the previous budget categories in this application. If any of the expenses listed
below are included in the calculation of your rate for indirect charges, do no~t list them on this sheet. Attach additional sheets if necessary.
Other expenses
__ Postage/delivery
__ Telephone/FAX
Utilities
x Printing/reproduction
__ Advertising, public notices
__ Signage
__ Training
__ Office space, equipment rentals
__ Basic office furnishings
Books and reference materials
__ Computer Hardware
__ Computer Software
Costs
$260.00
Miscellaneous other expenses
(Separately itemize these expenses below:)
8yd slant dumpster
8yd slant dumpster
Educational/Promotional Items:
Family Fun Science Niqht
Waste in Place training 10 ~ $100 each
Final Teacher Packets
$521.00
$521.00
$1740.00
$1000.00
$1000.00
$400.00
9. LOCAL CERTIFICATION
I. I certify, as an authorized representative of the applicant that the information contained in this project application is, to the
best of my knowledge and understanding, true and accurate.
II. I agree, as an authorized representative of the applicant that if this project is selected for funding, our organization will
comply with all necessary project reporting documentation as outlined in the Request for Projects Section IV,
Responsibilities of Project Funds Recipients.
III. I certify, as an authorized representative of the applicant, that the applying entity is located in the State of Texas and fits
within the governmental classification of a city, county, public school or school district (not including universities or post
secondary educational institutions, or a general and special law district, with the authority and responsibility for water quality
protection or municipal solid waste management, including river authorities.
IV. I certify, as an authorized representative of the applicant, that the proposed project, including all activities in the proposed
Work Program, conform to the eligible category standards and allowable expense and funding standards as set forth in the
Request for Projects.
V. I certify, as an authorized representative of the applicant, that all of the activities in the proposed Work Program are
technically feasible and can be satisfactorily completed within the project period as set forth in the Request for Projects.
VI. I certify, as an authorized representative of the applicant, that the proposed project activities in the Work Program and the
expenses outlined in the Budget are reasonable and necessary to accomplish the project objectives, and that the proposed
expenses are consistent with costs of comparable goods and services.
VII. I certify, as an authorized representative of the applicant, that the applicant is not delinquent in payment of solid waste
disposal fees owed to the State of Texas.
VIII. I certify, as an authorized representative of the applicant, that the proposed project is consistent with applicable goals,
objectives, and recommendations of the SEE Less Trash Regional Solid Waste Management Plan of the North Central
Texas Council of Governments.
IX. I certify, as an authorized representative of the applicant requesting local enforcement funds, that with regard to Chapter
415 of the Government Code, the applicant is:
__ Not regulated by Chapter 415 of the Texas Government Code.
__ In compliance with all rules developed by the Commission on Law Enforcement Officer Standards and Education
(TCLEOSE) pursuant to Chapter 415, Government Code.
__ In the process of obtaining compliance with all rules developed by the Commission of Law Enforcement Officer
Standards and Education (TCLEOSE) pursuant to Chapter 415, Government Code. (If compliance is pending, a
certification from TCLEOSE must be attached to indicate that the applicant is in the process of achieving compliance
with the rules.)
Supporting documentation may be signed on the original then photocopied for the additional copies to
be submitted.
Signature:
Typed/Printed name:
Title:
Local Entity:_
Date:
10. ASSURANCES
If the application is approved for funding, the project funds will be awarded through an Interlocal Agreement
contract between the applicant and NCTCOG. The Interlocal Agreement will contain a number of standards,
provisions, and requirements that must be complied with as a condition of receiving the project funds. In order
to ensure an understanding by the applicant of the main conditions that will be included in the contract, the
applicant is asked to review the following assurances. By signing this Assurance, the person acting on behalf of
the Entity indicates their understanding of these conditions:
Agree to comply with the contract provisions to title and management of real property and equipment. The
contract will contain obligations and conditions regarding the use of the equipment and/or facilities acquired
under the agreement. Included in the provisions are obligations to provide adequate maintenance and to
conduct physical property inventories; restrictions and conditions on the use, replacement, sale, or transfer
of the property; and obligations to continue to adhere to the provisions that project funds not be used to
create a competitive advantage over private industry, in the use or transfer of the property.
II. Agree to respond to annual recycling program surveys and/or requests from the NCTCOG or the TCEQ for
information on municipal solid waste management activities.
III.
Agree to comply with requirements for: reporting on the progress of the project tasks and deliverables;
documenting the results of the project and providing those results to the NCTCOG on a schedule
established by the NCTCOG; and additionally, to continue to document the results of the project activities
for the life of the project; and to provide the NCTCOG with a follow-up results report approximately one year
after the end of the project term.
IV. Agree to comply with contract provisions and requirements necessary to ensure that expenses are
reasonable and necessary, and to adhere to financial administration and reimbursement procedures and to
provide financial reports on a schedule established by the NCTCOG.
Agree to comply with all the applicable requirements of the Americans with Disabilities Act of 1990, 42
U.S.C. §§ 12101-12213 (Pamph. 1995) and the Single Audit Act as defined by the Uniform Project
Management Standards (UGMS), January 1998.
VI.
Agree to comply with program and fiscal monitoring provisions of the contract, including: providing
additional reports or information as may be requested to adequately track the progress of the project; and
allowing site visits to evaluate the progress of the project and to view any project-funded equipment or
facility.
VII. Agree to provide the cash contribution identified in the work program budget with the understanding that if
such contribution is not provided during the term of the project NCTCOG may terminate the contract for non-
compliance.
Supporting documentation may be signed on the original, then photocopied for the additional copies
to be made.
Signature:
Typed/Printed name:
Title:
Local Entity:_
Date:
11. CONSIDERATION OF PRIVATE INDUSTRY
The following certification applies only if the project is under one of the following project categories:
Source Reduction and Recycling; Citizens' Collection Stations and "Small" Registered
Transfer Stations; Community Cleanup events; and demonstration projects under the
Educational and Training Projects category.
NOTE: Applicant must certify that it has notified private service providers in accordance with
the requirements set forth in the Request for Projects. Applicant further certifies to the best of
their knowledge and ability that the proposed project will promote cooperation between public
and private entities, is not otherwise readily available, and will not create a competitive
advantage over a private industry that provides recycling or solid waste services.
I certify, as an authorized representative of the Entity, that with regard to the public/private cooperation requirements as outlined
in Request for Projects, this project application is:
Exempt from these requirements (As specified by the TCEQ, exempt projects are those which are (i) pubfic
education activity projects and demonstration efforts; (ii) local solid waste enforcement activities and projects; (iii)
household hazardous waste management activities and projects; (iv) local sofid waste management plans or
technical/feasibility studies; and (v) community clean-up events, and Texas County Cleanups.)
Covered by these requirements, but am unaware of any public or private entity which provides similar or related
services within the proposed proiect area. (Any project not exempted above should be checked here or below. The
applicant should attach a description of efforts to research and ascertain other existing services and demonstrate
the reason why this option is selected. For example, a description of inquiries that were unsuccessful could be
attached. Lack of documentation may delay or disquafify this application.)
x Covered by these requirements. (Any project not exempted should be checked here or in the other "covered"
option. The applicant must attach a description of similar or related private sector services within the proposed
project area as well as any efforts to contact and plan programs with these commercial services entities (enclose
pages as needed). Lack of documentation may delay or disqualify this application.)
Private Service Providers Contacted Telephone Number Date Notified
Greta Calvery Trinity Waste Services 469-585-1689 1/7/04
Cheri Reynolds Abitibi Consolodated 817-275-6397 x8162 1/7/04
Summaries of Discussions with Private Industry
Provide detailed summaries of any input and concerns raised by the private service providers;
summaries of any meetings or discussions held between the Applicant and the private service
providers; an explanation of any changes made to the proposed project to address private service
provider concerns; and an explanation of any remaining concerns that were not addressed and why
the applicant determined that the concerns are not valid under the statutory requirements. Attach to
the application any written comments or concerns provided by a private service provider concerning
the project. (Attach additional sheet, if needed)
Trinity Waste: As Denton's curbside collection contractor, Trinity re-affirmed partnership and offered help with in-
school presentations, special events, and use of BFI's Mobius curriculum as a model.
Abitibi: Has a paper retriever container at school, will continue to report monthly collection numbers to the city for
grant reporting.
REQUIRED
ATTACHMENTS TO THE APPLICATION
The governing body of the applicant must approve a resolution or court order authorizing the
acceptance of project moneys if application ranks high enough to be considered for funding. This
resolution or court order must be specifically signed and notarized in addition to those signatures
required in the Project Application. This resolution or court order will be due to NCTCOG no
later than Friday, January 23, 2004.
If indirect costs are included in the project budget, attach the applicant's latest indirect cost
allocation plan, including documentation of approval of the plan and the indirect cost rate by the
applicant's Federal Cognizant Agency or State Coordinating Agency.
If the applicant is a law enforcement entity, and if compliance with TCLEOSE rules is still pending,
attach a certification from TCLEOSE to indicate that the applicant is in the process of achieving
compliance with the rules.
AGENDA INFORMATION SHEET
AGENDA DATE: January 20, 2004
DEPARTMENT:
CM/DCM/ACM:
Water Utilities
~.!
Howard Martin, ACM/Utilities 349-8232 ~
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Demon, Texas denying the
appeal of the Denton Independent School District regarding the Teasley Lane High School,
brought pursuam to §26-226 of City of Demon Ordinance No. 2003-137, involving the
imposition of impact fees; and providing for an effective date.
BACKGROUND
The Demon ISD 2002 Bond package included the Teasley Lane High School, which is curremly
being built on Teasley Lane between Hickory Creek and Old Alton Road (Exhibit 2). The
project is within Demon's service area and will be served by City water and wastewater utilities.
When the Bond package was formulated and subsequently approved by voters, the previous
impact fee schedule (Ordinance 1998-003) was in effect.
State law, Chapter 395 of the Texas Local Government Code, requires the City of Denton to
update the Capital Improvemems Plan (CIP) and revise impact fees according to the updated CIP
every five years. The City of Demon completed a new CIP in the spring of 2003 and revised
impact fees accordingly. The revision of fees ultimately resulted in an increase in water and
wastewater impact fees. The revised ordinance was made effective by the City Council on May
29, 2003. The revision of impact fees by the City prior to the Demon lSD beginning
construction of this project resulted in a budget shortfall for Denton lSD regarding impact fees.
Per the request of Demon lSD, staff communicated the impact fee assessment for two large
projects in a letter dated September 12, 2003 (Exhibit 3). The letter explained how impact fees
and meter fees for the project were determined in accordance with the currem City impact fee
ordinance. A follow-up letter (Exhibit 4) dated October 28, 2003 was provided to the Demon
lSD detailing the impact fee revisions that went into effect on May 29, 2003, the effects of those
revisions on Demon ISD's budget, and the concessions made on behalf of City staff to alleviate a
portion of the budget shortfall. The Denton lSD requested an extension to the impact fee appeal
timeline on November 20, 2003, which was subsequently granted by water utilities staff on
November 21, 2003. The City Secretary received a request for an appeal (Exhibit 5) of the
water/wastewater impact fees from the Denton lSD for the Teasley Lane High School on
December 10, 2003. A summary of Demon ISD's impact fee appeal is provided below.
1) Demon lSD is appealing the method of calculating the impact fees based on the
schedule of fees that went into effect May 29, 2003. In essence, the Denton lSD is
requesting to be assessed according to the fee schedule in Ordinance 1998-003 that
was in effect prior to May 29, 2003.
2) DeNon lSD is requesting consideration of an impact fee credit for a 12" water line and
associated easement as well as an 8" sewer line extension at the Teasley Lane High
School site.
In the first appeal, DeNon lSD is appealing the method of calculating the amoum of the impact
fee due (§26-226(b)). Based on the facts that the plat and plans were submitted and the
authorization of funds for the project occurred prior to the effective date of the ordinance,
Denton lSD requests that the impact fees be calculated on the fee schedule in effect at that time.
Under §26-220(a)(1) of the impact fee ordinance the assessmem of impact fees shall occur at the
time application is made for the building permit or utility connection, whichever first occurs, and
shall be the amount of the maximum impact fee per service unit in effect, as set forth in Schedule
1. Denton lSD is currently in the process of obtaining a building permit. Most importantly,
Schedule 1 clearly sets the assessmem rate and establishes maximum impact fees in §26-222(f)
and (g). The ordinance states, for a new developmem for which final plat recordation occurred
on or after May 29, 2003... the maximum impact fee per service unit shall be as follows: $3,155
for the water service unit... $1,437 for the service unit for Zone 1 wastewater service area... The
date of final plat recordation for the Teasley Lane High School occurred on November 6, 2003,
after the effective date of the revised ordinance. The project was approved by Planning and
Zoning on July 23, 2003. (Please reference Exhibit 6 for a complete version of impact fee
ordinance 2003-070)
In addition, DeNon 1SD is appealing; §26-226(c) the availability or the amoum of an offset,
credit or rebate; and §26-226(d), the application of an offset or credit against an impact fee due.
Denton lSD requests that capital recovery costs for the extension of a 12" water line and 8"
sewer line at the Teasley Lane High School site be calculated and credited to the impact fees in
place prior to May 29, 2003. According to §26-223(a), the City shall offset the reasonable value
of any area-related facilities, identified in the impact fee capital improvements plan and
constructed pursuant to an agreement with the City... The water and wastewater improvements
constructed by the Denton lSD were subdivision exactions required under the development code
and were not improvements identified in the impact fee capital improvements plan. Therefore,
these improvements are not eligible for an impact fee credit.
Staff requested a legal opinion of the merits of the Denton ISD's impact fee appeal for the
project. The written response from the Utility Departmem's legal counsel was distributed to you
for review on January 9, 2004. The legal opinion agrees that the impact fee assessment for the
project as communicated in staff's September 12, 2003 letter is consistent with the criteria
outlined in Ordinance 2003-137. It further supports the position that the appeals request by the
DeNon lSD does not meet the appeals criteria outlined in §26-226 of Ordinance 2003-137.
OPTIONS
1. Deny the impact fee appeal of the Teasley Lane High School
2. Grant the impact fee appeal of the Teasley Lane High School
RECOMMENDATION
Staff is recommending to the PUB that a recommendation is made to the City Council to deny
the Denton lSD impact fee appeal on the grounds that 1) the final plat recordation date of
November 6, 2003 occurred after May 29, 2003, the effective date of the revised ordinance and
should therefore be assessed under the current fee schedule, and 2) the water line and sewer line
extensions at the site are not identified in the impact fee capital improvement plans and therefore
do not qualify for an impact fee credit.
Staff has implemented impact fees in an equitable manner according the City's impact fee
ordinances since the inception of impact fees in 1998. The Denton lSD, along with all other
entities in the development community, has been subject to impact fee implementation dates
since 1998. A recent developer, whose project did not meet the 2003 revised impact fee
implementation dates, brought forth a similar appeal that was ultimately denied. Granting this
appeal could potentially lead to legal challenges to the uniform implementation of previously
collected impact fees from other entities in the development community who have paid impact
fees according to the dates outlined in the City's impact fee ordinances 1998-003 and 2003-137.
The PUB reviewed the Denton lSD impact fee appeal of the Teasley Lane High School on
January 12, 2004. The PUB recommendation will be provided to the City Council in the PUB
meeting minutes (Exhibit 8).
FISCAL INFORMATION
The difference between the calculation of impact fees under the current fee schedule and
previous fee schedule for the Teasley Lane High School is $199,707.50 (detailed below).
Water Impact Wastewater Total Impact
fees Impact fees fees
Total SFEs Assessed
117.5 72.5
Assessement -Current Impact Fee Schedule $370,712.50 $104,182.50 $474,895.00
Assessement - Previous Impact Fee Schedule
$240,170.00 $35,017.50 $275,187.50
Difference $199,707.50
Although the difference between the fee calculations under the current and previous impact fee
schedule is substantial, it should be noted that the Denton lSD, as well as all other rate payers
also receive benefits from the City's implementation of impact fees through lower water and
wastewater user rates. For a large water user such as Denton lSD, keeping rates stable results in
a significant savings in their annual operating costs. Water rates have not increased since 1996
due to the policy decisions made by the Public Utilities Board and City Council adopting impact
fees which provide infrastructure financing to support anticipated growth while minimizing the
impact on the existing rate payers. The subsequent implementation of those policies by staff has
resulted in stable rates with only a 2% scheduled increase thru 2006. In contrast, without impact
fees, water rates would have increased an additional 24% from 2003 thru 2006. Only a 16% rate
increase in wastewater has been scheduled over the next three years compared to what would
have been a 21% increase without impact fees. Assuming that Denton ISD's water consumption
continues at its current volumes, the compounded saving realized for Denton lSD in water and
wastewater rates from 2003 thru 2006 is approximately $206,000. By comparison, the average
residential water bill in 2006 will be close to $30.75 rather than an estimated $36.19 without
impact fees.
it should also be noted that the impact fee assessment for this project is proportionally smaller
than what is typical of most developments. A singe-family residence is assessed one SFE for
water and one SFE for wastewater. The cost of that assessment is $4,592. For a home that costs
$150,000, the impact fee is 3.1% of the total project cost, including land value and construction.
Likewise, impact fees for an apartmem complex typically range from 2.5 to 3.5% of total project
costs. The estimated project cost for the Teasley High School is in excess of 47 million dollars.
The impact fee assessment of $474,895, under the current impact fee schedule, only equates to
about 1% of the total project cost. The difference in the impact fee assessments between the
current and previous impact fee schedules of $199,707.50 equates to a Denton lSD cost overrun
of approximately 0.4% of the total project.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Public Utilities Board, on January 12, 2004, voted to deny the appeal by a vote of five (5) to
two (2).
EXHIBITS
1. Ordinance
2. Teasley Lane High School Site Map
3. Impact Fee Assessment Letter
4. Impact Fee Follow-up Letter
5. Demon lSD Teasley Lane High School impact Fee Appeal
6. City Ordinance 2003-137
7. PUB Meeting Minutes - January 12, 2004
Respectfully submitted:
Howard Martin
Assistant City Manager for Utilities
ORDINANCE NO. 2004-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
DENYING THE APPEAL OF THE DENTON INDEPENDENT SCHOOL DISTRICT
REGARDING THE TEASLEY LANE HIGH SCHOOL, BROUGHT PURSUANT TO
§26-226 OF CITY OF DENTON ORDINANCE NO. 2003-137, INVOLVING THE
IMPOSITION OF IMPACT FEES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas has hereby convened,
after posting notice of the time and place of the meeting as required by applicable law; that
certain appeal of the Denton Independent School District, hereafter referred to as the DISD
regarding the Teasley Lane High School Complex, brought pursuant to §26-226 of City of
Denton Ordinance No. 2003-137, respecting the imposition of impact fees; and
WHEREAS, DISD has made an oral presentation to the Denton Public Utilities
Board on January 12, 2004, and after considering the presentation of Staff and DISD, the
Denton Public Utilities Board voted five votes to deny said appeal, with two votes to allow
said appeal; additionally, comments were made by each member of the Public Utilities
Board to be included in the minutes provided for the City Council; and
WHEREAS, under the provisions of §26-226, DISD presented its case and filed
materials for the City Council's consideration, and made arguments; the City, through its
Staff, presented its case and filed materials for the City Council's consideration, and made
arguments; and the City Council, having been instructed as to the burden of proof and the
applicable law, issued its ruling on the appeal. NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the appeal of Denton Independent School District regarding the
impact fees relating to the Teasley Lane High School, brought pursuant to §26-226 of City
of Denton Ordinance No. 2003-I37, having been considered by the City Council, and as
duly noticed in accordance with applicable law, is not well taken and is hereby accordingly
DENIED.
SECTION 2: That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the
__day of ,2004.
EULINE BROCK, MAYOR
EXHIBIT 1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By: ~_ 5r
S2Our Documents\Ordinances\04~ppeal of lmpact Fees-DISD-Teasley Lane H S-2004.doc
2
Teasley Lane High School
Site Map
HICKORY CREEK
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EXHIBIT 2
September 12, 2003
Curtis Martin
Denton Independent School District
230 N Mayhill Rd
Denton, TX 76201
Subject: Impact fees for the Teasley Lane High School and District Stadium
Dear Mr. Martin,
This letter will serve to communicate the impact fees and meter set fees for the
new DISD High School and District Stadium. As discussed in prior correspondence,
impact fees for facilities such as these are based on the number of meters and meter size.
The proposed metering design for the Teasley High School is one (1) 4" domestic meter
and one (1) irrigation meter to the Main Building, one (1) 3" domestic meter and one (1)
3" irrigation meter to the Fieldhouse. The impact fees and meter fees for the new High
School are listed in Table 1 and Table 2.
Table 1. Teasley Lane High School Impact Fees
Meter Meter No. SFE per Water Impact Wastewater Total Impact
Size Type Meters Meter Fee~ Impact Fee2 Fee
4" Domestic 1 50 $157,750.00 $71,850.00 $229,600.00
3" Domestic 1 22.5 $70,987.50 $32,332.50 $103,320.00
3" Irrigation 2 22.5 $141,975.00 N/A $141,975.00
Water impact fees are $3,155 per SFE; z Wastewater impact fees are $1,437 per SFE
Total $474,895.00
Table 2. Teasley Land High School Meter Fees
Meter No. Cost per Meter Meter & Set · Cost per Meter Meter & Set
Size Meters w/Tap Fee w/Tap wo/Tap Fee wo/Tap
4" 1 $10,915.00 $10,915.00 $7,915.00 $7,915.00
3" 3 $9,972.00 $29,916.00 $6,972.00 $20,916.00
Total $40,831.00 Total $28,831.00
The proposed metering design for the new District Stadium is one (I) 4" domestic
meter and two (2) 2" irrigation meters. The impact fees and meter fees for the District
Stadium are listed in Table 3 and Table 4.
EXHIBIT 3
Table 3. District Stadium Impact Fees
Meter Meter No. SFE per Water Impact Wastewater
Size Type Meters Meter Fee Impact Fee
Total Impact
Fee
4" Domestic 1 50 $157,750.00
2" Irrigation 2 8 $50,480.00
Water impact fees are $3,155 per SFE; ~ Wastewater Impact fees are $~.,437 per 8FE
$71,850.00 $229,600.00
N/A $50,480.00
Total $280,080.00
Table 4. District Stadium Meter Fees
Meter No. Cost per Meter Meter& Set Cost per Meter Meter&Set
Size Meters w/Tap Fee w/Tap wo/Tap Fee wo/Tap
4" 1 $10,915.00 $10,915.00 $7,915.00 $7,915.00
2" 2 $1,300.00 $2,600.00 $580.00 $1,160.00
Total $13,515.00 Total $9,075.00
If you have any questions concerning the fees discussed in this letter 'or need
additional information, please call me ~ 940-349-7190.
Sincerely,
Tim Fisher, P.E.
Assistant Director of Water Utilities
7
Utility Administration,215 E. McKinney Street. Denton, Texas, 76201
Telephone (940) 349-8230.FAX (940) 349-8120
October 28, 2003
Curtis Martin
Denton lSD - Service Center
230 N. Mayhill Road
DeNon, TX 76208
Dear Mr. Martin:
The purpose of this letter is to discuss how impact fees have been determined for the two
receN DeNon IndependeN School District (DISD) construction projects, what changes to
DeNon Water Utilities (DWU) impact fee ordinances have been made receNly, and what
efforts have been made to reduce the financial implications these changes may have had
on the DISD in completing their projects.
The service unit for Denton's water and wastewater impact fees is the "single-family
equivaleN" (SFE), which is based on the size of a water meter. An SFE is the water or
wastewater demand associated with the smallest water meters used in the system, which
is typically used by a single family residence. The ratio of each larger meter's capacity to
the capacity of the base meter determines the SFE multiplier applied to each larger size
meter.
At the time that DISD estimated the budgets for the Teasley High School and District
Stadium the old impact fees were in effect. During that time, the City was not conducting
a state law required update to their impact fee program and did not know what changes
would be made to the impact fees. State law, Chapter 395 of the Texas Local
Government Code, requires the City of Denton to update the Capital Improvements Plan
(CIP) and revise impact fees according to the updated CIP every five years. The City of
DeNon completed a new CIP in the spring of 2003 and revised impact fees accordingly.
The revised impact fees wen iNo effect May 29, 2003. The revision of fees included an
update to the number of service units connected to the system, the addition of water
transmission lines and sewer interceptors into the capital costs, and the inclusion of
interest costs, which are eligible for impact fee funding under state law, but were not
"Dedicated to Quality Service"
www. ci~. ofdenton.com
EXHIBIT 4
included in the original impact fee study conducted in 1998. This ultimately resulted in
an increase in water impact fees from $ 2,044 to $ 3,155 per SFE and an increase in
wastewater impact fees from $ 483 to $1,437 per SFE.
In addition to the changes stated above, the meter equivalency factors related to service
units were adjusted to more adequately reflect the true capacity of a given meter size.
The City's old impact fees (1998-2003) were based on meter capacities from the
American Water Works Association. The new impact fees (effective May 29, 2003)
meter equivalencies have been increased based on meter capacities as rated by the
manufacturer, which City water division staff believes are more accurate for larger
meters. In most cases, impact fees are assessed based on the number and size of water
meters. However, the impact fee ordinance also allows impact fees to be determined
based on a water and wastewater demand study.
The impact fee budget for the Teasley High School is approximately $275,000. Based on
the original meter design, and the old impact fee schedule and meter equivalencies, the
budget would have been sufficient. Likewise, the original budget of $165,000 for the
District Stadium would have been close to the assessed impact fees under the old fee
structure. However, since the impact fee system was revised, two items (impact fee
increases per SFE and adjustment of the meter equivalencies for meters greater than 2")
led to a situation that resulted in a considerable increase to impact fees for the two
projects. In an effort to assist DISD in reducing the budgeted shortfall, Denton Water
Utilities staff assisted the DISD staff and allowed the reduction in both the number and
size of the meters to a minimum in order to reduce impact fees as much as possible. The
number and size of meters cannot be reduced any further and still meet peak demands.
These adjustments to meter numbers and sizes represent a concession on the behalf of
DWU based on the projected demand of these projects, particularly the High School.
According to the impact fee ordinance, historical billing data for existing customers, such
as Ryan High School in this case, may be used to determine water demands and SFE
equivalents. Comparing the demands of the Teasley High School with Ryan High
School, DWU is conceding approximately 20% had the assessment been conducted based
on projected demands. The current impact fee assessments for the Teasley High School
and District Stadium are $474,895 and $280,080 under the new fee schedule and meter
equivalencies. Through these adjustments, the original budget shortfall has been reduced
from $532,000 to $199,895 for the Teasley High School, and from $312,504 to $115,080
for the District Stadium.
"Dedicated to Quality Service"
www. ci~. ofdenton.com
Although these fees appear to be relatively large, the projects will place a considerable
water and wastewater demand on the DWU water distribution and wastewater collection
systems. The impact fee assessments for the two projects are summarized below:
Project
Water SFEs / Impact Fees Wastewater SFEs / Impact fees
Teasley High School
117.5 / $ 370,712.50
72.5 / $104,182.50
District Stadium
66 / $ 208,230.00
50 / $ 71,850.00
Comparing the impact fees to total project costs for these two DISD projects to that of
other projects within the development community may help bring the assessed impact
fees into perspective. A singe-family residence is assessed one SFE for water and 1 SFE
for wastewater. The cost of that assessment is $4,592. For a home that costs $150,000,
the impact fee is 3.1% of the total project cost, including land value and construction.
Likewise, impact fees for an apartment complex typically range from 2.5 to 3.5% of total
project costs. The estimated project cost for the Teasley High School is in excess of 47
million dollars. An impact fee assessment of $474,895 only equates to about 1% of the
total project cost. This comparison illustrates a substantial difference in proportional
costs between the DISD impact fee assessments with other projects we typically observe
with the rest of the development community.
According to the impact fee ordinance (§26-226(a)) the following decisions may be
appealed to the City Council: (a) the applicability of an impact fee to the new
development; (b) the method of calculating the amount of the impact fee due; (c) the
availability or the amount of an offset, credit or rebate; (d) the application of an offset or
credit against an impact fee due; or (e) the amount of a refund due, if any. The appellant
must file a notice of appeal with the City Secretary within thirty (30) days following the
determination of the amount of the impact fees to be paid by the development. This letter
will serve to officially communicate the determination of impact fees for the DISD
Teasley High School and District Stadium.
If the DISD is interested in appealing the impact fee decision to the Denton City Council,
we will be willing to facilitate the appeal process for the District.
Sincerely,
Howard Martin
ACM/Utilities
c: Dr. Ray Braswell, Superintendent, Denton Independent School District
"Dedicated to Quality Service"
www. ci~. ofdenton.com
I307 N. Locust St.
P. O. Box 2387
940-369-0003
Denton Independent School District
Dr. t~ay F,. Braswell, Superintendent
e-mail: rbr aswel]~dentonisd, org
Denton~ TX 76201 ~'
Denton, TX 76202.2387
Fax: 940-369-4982
December 10, 2003
Mr. Howard Martin
Assistant City Manager
City of Denton
215 E. McKinney St.
Denton, TX 76201
Reference:
Teasley Lane High School
Denton ISD
Dear Mr. Martin:
In response to your letter dated October 28, 2003, on behalf of the Denton Independent School
District, we respectfully submit an appeal of the assessment of impact fees for the Teasley Lane
High School project. We request that the City consider both provisions' in this appeal.
The method of calculating the impact fees due is based on the schedule of fees that
went into effect May 29, 2003. Voter approval for the authorization of these funds
occurred pr/or to this new effective date. Additionally, the plat and plans for permit
were submitted prior to May 29, 2003. As such, the Denton ISD respectfully requests
that the impact fees be calculated on the fee schedule in effect prior to that date. This
request for exception is valid under section (b) of the appeals portion of the impact
fee ordinance - appealing the method of calculating the amount of the impact fee due.
A 12" water line and associated easement has been extended from approximately ,,
1300 t't north of the site to the southem edge of the property that will serve future
development. An 8" sanitary sewer line is extended to the northern comer of the
property that will serve future development. Portions of the costs are subject to
rebates fi-om future developments' use and connection to these utilities. We would
request that these capital recovery costs be calculated and credited to the impact fees
in place prior to May 29, 2003. This request for exception is valid under sections (c)
and (d) of the appeals portion of the impact fee ordinance -(c) the availability or the
amount of an offset, credit or rebate and/or (d) the applleation of an offset or credit
against an impact fee due.
Please advise of any additional information required to formalize the appeal and be placed on the
Public Utility Board Meeting January 12, 2004.
Sit~erely,
Superintendent
EXHIBIT 5
AN ORDINANCE OF THE CITY OF DENTON, TEXAS UPDATING glPACT FEES BY
AMENDING CHAPTER 26, "UTILITIES," SECTION 26-210 THROUGH 26-232 OF THE
CITY OF DENTON CODE OF ORDINANCES; ADOPTING REVISED LAND USE
ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLANS FOR WATER AND
WASTEWATER IMPACT FEES; ESTABLISHING NEW SERVICE AREAS FOR
WASTEWATER IMPACT FEES; ESTABLISHING NEW MAXIMUM IMPACT FEES PER
SERVICE UNIT AND IMPACT FEES TO BE COLLECTED; CREATING SCHEDULES FOR
THE ASSESSMENT AND COLLECTION OF IMPACT FEES; REVISING PROCEDURES
FOR ADMINISTERING IMPACT FEES; REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY NOT TO EXCEED $2,000 FOR EACH VIOLATION THEREOF; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Texas Local Government Code, Chapter 395 authorizes a city to adopt and
to amend impact fees for the purpose of financing capital improvements required by new
development; and
WHEREAS, the City Council of the City of Denton, Texas initially enacted water and
wastewater impact fees in accordance with Ordinance No. 98-301, dated on the 15th day of
September, 1998; and it is now appropriate and lawfully required that the City once again
address the issues of Land Use Assumptions and a Capital Improvements Plan, as well as the
subject of Amended Water and Wastewater Impact Fees;
WHEREAS, the City Council in accordance with law desires to update its impact fee
program by amending land use assumptions, service areas, capital improvements plans and
impact fees for water and wastewater facilities; and
WHEREAS, the City Council of the City of Denton, Texas has duly appointed an Impact
Fee Advisory Committee by ordinance; has received written comments bom such Committee; -
and has adopted Land Use Assumptions and a Capital Improvements Plan for amended water
and wastewater impact fees ail in accordance with the requirements of Texas Local Government
Code, Chapter 395; and
WHEREAS, the City Council of the City of Denton, Texas has also received the
recommendation of the Denton Public Utilities Board, an advisory committee; and
WHEREAS, the City of Denton, Texas, having complied with all applicable substantive
and procedural requirements of Texas Local Government Code, Chapter 395, finds it necessary
and appropriate to establish amended water and amended wastewater impact fees to pay the costs
of certain capital improvements for new development; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
EXHIBIT 6
SECTION 1. That the facts, circumstances, and recitations contained in the preambles to
this Ordinance are hereby found and declared to be true and correct.
SECTION 2. That the Land Use Assumptions for Water and Wastewater Impact Fees
hereby are amended as set forth in Exhibit A, which is attached hereto and incorporated by
reference herein as if fully set forth.
SECTION 3. That the Capital Improvements Plan for Water and Wastewater Impact
Fees hereby are amended as set forth in Exhibit B, which is attached hereto and incorporated by
reference herein as if fully set forth.
SECTION 4. That Chapter 26 of the Code of Ordinances of the City of Denton, Texas,
entitled "Utilities," is hereby amended, which shall read as follows:
CHAPTER 26: UTILITIES
ARTICLE VI. IMPACT FEES
Sec. 26-210. Short Title.
This Article shall be known and cited as the "Denton Imp. act Fee Ordinance."
See. 26-211. Statement of Purpose.
This Article is intended to assure the provision of adequate public facilities to serve new
development in the City by requiring each development to pay its proportional share of the costs
of such improvements necessitated by and attributable to such new development as related to
water and wastewater capital improvements.
Sec. 26-212. Authority.
This Article is adopted pursuant to Chapter 395 of the Texas Local Government Code and
pursuant to thc Denton Charter. The provisions of this Article shall not be construed to limit the
powers of the City to utilize other methods authorized under state law, or pursuant to other City
powers to accomplish the purposes set forth herein, either in substitution or in conjunction with
tiffs Article. The effective date of this Article is September 15, 1998.
See. 26-213. Definitions.
The following words, terms and phrases, as used in this Article, shall have the meanings
respectively ascribed to them in this Section, unless the context clearly indicates otherwise:
(1) Area-related facility means a capital improvement or facility expansion which is
designated in the Impact Fee Capital Improvements Plan and which is not a site-related facihty.
Area-related facility may include a capital improvement, which is located offsite, within, or on
the perimeter of the development site.
(2) Assessment means the determination of the mount of the maximum impact fee per
service unit that can be imposed on new development pursuant to this Article.
(3) Capital improvement means any water supply; or treatment facilities; or wastewater
treatment facilities that have a life expectancy of three (3) or more years, and are owned and
operated by or on behalf of the City.
(4) Director means the Director of Water Utilities for the City of Denton, or his or her
designee.
(5) Facility expansion means the expansion of the capacity of any existing facility for the
purpose of serving new development. The term does not include the repair, maintenance,
modernization or expansion of an existing facility to serve existing development.
(6) Impact fee capital improvements plan means the adopted plan for a service area, as may
be amended from time to time, which identifies the water facilities or wastewater facilities and
their associated costs which are necessitated by and which are attributable to new development,
for a period not to exceed ten (i0) years, and which are to be financed in whole or in part
through the imposition of water or wastewater impact fees pursuant to this Chapter 26, Article
Vi.
(7) Infill development means a single-family residence of less than 1,300 square feet on a lot
of less than 6,000 square feet.
(8) Land use assumptions means the projections of population and employment growth and
associated changes in land uses, densities and intensities for a service area adopted by the City,
as may be amended from time to time, upon which the impact fee capital improvements plan for
the service area is based.
(9) New development means a project involving the construction, reconstruction,
redevelopment, conversion, structural alteration, relocation, or enlargement of any structure, or
any use or extension of land, which has the effect of increasing the requirements for capital
improvements or facility expansions, measured by the service units to be generated by such
activity, and which requires either the approval and filing of a plat, or a re-plat pursuant to the
City's subdivision regulations, or the issuance of a building permit.
(10) Service area meatus a geographic area within the City or within the City's extraterritorial
jurisdiction, within which impact fees for water or wastewater facilities may be collected for new
development occurring within such area and within which fees so collected will be expended for
those types of improvements identified in the type of capital improvements plan applicable to the
service area.
(lO Service unit means a standardized measure of consumption, use, generation or discharge
attributable to an individual trait of development calculated in accordance with generallY
accepted engineering or planning standards, for a particular category of capital/mprovements or
facility expansions. For water and wastewater facilities, the service unit shall constitute the basis
for establishing equivalency within various customer classes based upon the relationship of the
continuous duty maximum flow rate in gallons per minute for a water meter of a given size and
type compared to the continuous duty maximum flow rate in gallons per minute for a 3/4-inch
diameter simple water meter.
(12) Single-family equivalency ("SFE") means an equivalency factor, based on the demand
associated with the smallest water meter used in the City of Denton, Texas utility system. SFE's
are utilized to establish the number of service units to be allocated to various meter sizes used in
the City of Denton, Texas utility system.
(13) Site-related facility means an improvement or facility which is for the primary use or
benefit of a new development and/or which is the for the primary purpose of safe and adequate
provision of water and wastewater facilities to serve the new development and which is not
included in the impact fee capital improvements plan and for which the developer or property
owner is solely responsible under subdivision and other applicable regulations.
See. 26-214. Impact fee as condition o'f development approval.
No new development shall be connected to the City's water or wastewater system within the
service area without the assessment of an impact fee pursuant to this Article, and no building
permit shall be issued until the applicant has paid the impact fee imposed herein.
Sec. 26-215. Land use assumptions.
(a)
Said land use assumptions for the City shall be updated at least every five (5) years
utilizing the amendment procedure set forth in Texas Local Government Code, Chapter
395.
(b)
Amendment to the land use assumptions shall incorporate projections of changes in land
uses, densities, intensities and population for the service area over at least a ten (10) year
period.
Sec. 26~216. Water impact fee service area.
There is hereby established an amended water impact fee service area, to include all land within
the City and its extraterritorial jurisdiction, as depicted in Exhibit C, which is attached hereto and
incorporated by reference herein as if fully set forth.
Sec. 26-217. Wastewater impact fee service areas.
There are hereby established two (2) wastewater impact fee service areas, the boundaries of
which are respectively described in Exhibits D and E, which are attached hereto and incorporated
by reference herein as if fully set forth.
Sec. 26-218. Determination of service units.
The number of service units for both water or wastewater impact fees shall be determined by
using the land equivalency table, which converts the demands for water or wastewater
improvements generated by typical land uses to water meter size, and which is attached hereto as
Exhibit F and incorporated by reference herein as if fully set forth.
Sec. 26-219. Impact fees per service unit.
(a)
Maximum impact fees per service unit for each service area shall be established by
category of capital improvements. The maximum impact fee per service unit for each
service area for each category of capital improvement shall be computed in the following
manner:
(1)
For each category of capital improvements, calculate the total projected costs of
capital improvements necessitated by and attributable to new development in the
service area identified in the impact fee capital improvements plan;
(2)
From such mount, subtract a credit in the amount of that portion of utility service
revenues, if any, including the payment of debt, to be generated by new service
units during the period the capital improvements plan is in effect, including the
payment of debt, associated with the capital improvements in the plan;
(3)
Divide the resultant amount by the total number of service units anticipated within
the service area, based upon the Iand use assumptions for that service area.
(b) The maximum impact fee per service urfit for water or wastewater facilities by service
area shall be as set forth in Schedule 1, which is attached hereto and incorporated herein by
reference as if fully set forth. Schedule 1 shall be used to assess impact fees. Schedule 1 may be
amended from time to time utilizing the amendment procedure set forth in Section 26-228.
(c) The impact fee per service trait which is to be paid by each new development within a
service area shall be as set forth in Schedule 2, which is attached hereto and incorporated by
reference as if fully set forth, and shall be an amount less than or equal to the maximum impact
fee per service trait established in Schedule 1. Schedule 2 may be amended from time to time
utilizing the amendment procedure set forth in Section 26-228.
(b)
(c)
(d)
Sec. 26~220. Assessment of impact fees.
(a) Assessment of impact fees for any new development shall be made as follows:
O)
(2)
For land which is unplatted at the time of application for a building permit or
utility connection, or for a new development which received final plat approval
prior to the effective date of this Article, and for which no re-platting is necessary
pursuant to the City's subdivision regulations prior to development, assessment of
impact fees shall occur at the time application is made for the building permit or
utility connection, whichever first occurs, and shall be the mount of the
maximum impact fee per service unit in effect, as set forth in Schedule 1.
For a new development which is submitted for approval pursuant to the City's
subdivision regulations on or after the effective date of this Article, or for which
re-platting results in an increase in the number of service units after such date,
assessment of impact fees shalI be at the time of fmal plat recordation, and shall
be the amount of the maximum impact fee per service unit in effect as set forth in
Schedule 1.
Following assessment of impact fees pursuant to subsection (a), the amount of impact fcc
assessment per service unit for that development cannot be increased, unless the owner
proposes to change the approved development by the submission of a new application for
final plat approval or other development application that results in approval of additional
service units, in which case a new assessment shall occur at the Schedule 1 rate then in
effect for such additional service units.
Following the vacating of any plat or approval of any re-plat, a new assessment must be
made in accordance with subsection (a)(2).
An application for an amending plat made pursuant to Texas Local Government Code
§212.016 V.T.C.A. and the City of Denton Subdivision Ordinance, and for which no new
development is proposed, is not subject to reassessment for an impact fee.
Sec. 26-221. Computation of impact fees.
(a)
Following the filing and acceptance of a written application for building permit, the City
shall compute the impact fee due in the following manner:
O)
The number of service units shall be determined by the size of the water meter
purchased using the land equivalency table incorporated as Exhibit F, or by
evaluation of the Director as provided in Section 26-218 or this section;
(2) Service units shall be summed for all meters purchased for the development;
Co)
(c)
(d)
(e)
(g)
(h)
(3)
The total number of service un/ts shall be multiplied by the impact fee per service
unit for water or wastewater service facilities using Schedule 1 then in effect as
established in Section 26-219;
(4)
The mount of each impact fee shall be reduced by any allowable offsets or
credits for that category of capital improvements, in the manner provided in
Section 26-223.
The amount of impact fee due for new development shall not exceed the mount
computed by multiplying the assessed fee for water or wastewater service by the total
number of service units generated by the development. The amount of impact fee due for
redevelopment shall not exceed the amount computed by multiplying the assessed fee for
water or wastewater service by the net increase in service units generated by the
redevelopment.
The developer may submit or the Director may require the submission of'a study,
prepared by a professional engineer, licensed in the State of Texas, clearly indicating the
number of water and/or wastewater service units which will be consumed or generated by
the new development. The Director will review the information for completeness and
conformity with generally accepted engineering practices and will, when satisfied with
the completeness and conformity of the study, multiply the number of service units
determ/ned by the study times the impact fee per service unit contained in Section 26-219
above to determine the total impact fee to be collected for the development. The Director
may also use recent historical water billing records for existing customers to determine
water demands'and SFE equivalents in accordance with data from the most recent Capital
Improvements Plan.
Whenever the property owner increases the number of service units for a development,
the additional impact fees collected for such new service units shall be determined based
on Schedule 1 and applicable offsets, credits, and discounts then in effect and such
additional fee shall be assessed and collected at the time the additional meters are
purchased.
In the event the property owner decreases the number of service units for a development,
the property owner shall be entitled to a refund of the impact fee for impact fees actually
paid, but only for the amounts represented by the decrease in service units based on the
assessed fee and offsets~ credits, or discounts applicable at the time the fee was paid.
if the building permit for the property on which an impact fee is paid has expired and a
new application is thereafter filed for the identical property and the number of service
units, the impact fee previously paid satisfies the requirements of this Article.
The impact fee shall attach to the property for which the impact fee was paid and shall
not be transferable to other properties or service units.
No building permit shall be issued if the applicant cannot verify payment of the
appropriate impact fee and other applicable fees or if existing facilities do not have actual
capacity to provide service to the new connection(s).
Sec. 26-222. Collection of impact fees.
(a)
(c)
(d)
Except as otherwise provided in this Section, the impact fee for the new development
shall be collected at the time the City issues a building permit, or if a building permit is
not required, at the t/me an application is filed for a new connection to the City's water or
wastewater system or for an increase in water meter size.
Except as otherwise provided by contracts with political subdivisions, developer's
contracts, or wholesale customers, no building permit shall be issued until all impact fees
have been paid to the City.
The City may enter into an agreement for capital improvements with a property owner
pursuant to Section 26-229 that establishes a different time and manner of payment.
The owner of an ex/sting single-family homestead housing unit, actually occupying said
homestead, may make payments of any water or wastewater impact fee required by the
Article in monthly installments over a period of not more than five (5) years from the
date payment of the fee is otherwise required by this Article. The owner of said
homestead nmst execute a promissory note, deed of trust, homestead affidavit, or other
documents to be prepared by the City Attorney sufficient to establish an enforceable lien
on the real property. All such installment payments shall be subject to interest at a rate
equal to a twelve-month average of the 5-year Treasury Note. The interest rate on such
note shall be adjusted annually, according to the most current twelve-month average.
In the event that a property owner agrees to construct or finance capital improvements in
the capital improvements plan pursuant to Section 26-229, the costs of which are to be
reimbursed to the owner from impact fees paid fi:om other new developments that will
use such facilities, the City may collect impact fees from such other new developments at
the time final plats are recorded for such development.
Schedule 1 sets the assessment rate and establishes maximum impact fees as set forth in
subparagraphs (1) and (2) below:
(1) For a new development for which final plat recordation occurred on or after
September i5, 1998, but before May 29, 2003, the maximum impact fee per service unit
shall be $2,044 for the water service area, and $483 for the Zone 1 wastewater service
area.
(2) For a new development for which final plat recordation occurred prior to
September 15, 1998, on or after May 29, 2003, or for any new development which is not
subject to paragraph (1), the maximum impact fee per service unit shall be as follows:
$3,155 for the water.service area; $1,703 for the Zone 1 wastewater service area; and
$2,614 for the Zone 2 wastewater service area.
Schedule 2 sets the collection rate for impact fees as set forth in subparagraphs (1) and
(2) below:
(1) Except as provided in paragraph (2),' impact fees shall be collected and paid as
follows:
Water Service Area:
$3,155 per service unit
Wastewater Service Area (Zone 1): $1,437 per service trait (fi.om May 29, 2003 until
May 28, 2006)
$1,570 per service unit (from May 29, 2006 until
May 28, 2008)
$1,703 per service unit (from May 29, 2008 until
May 28, 2013)
Wastewater Service Area (Zone 2): $1,437 per service unit (from May 29, 2003 until
May 28, 2006)
$1,893 per service unit (from May 29, 2006 until
May 28, 2OO8)
$2,614 per service un/ts (from May 29, 2008 until
May 28, 2013)
Provided, however, Wastewater Service Area Impact Fees for Zone 1, for Single-Family
Residences of less than 1,300 square feet, that are located'on lots of less than 6,000 square feet,
shall instead be charged, and the City shall collect a Wastewater Service Area Impact fee of 50%
of the adopted Wastewater Service Area Impact Fee for Zone 1.
(2) For a new development for which final plat recordation occurred on or after
September 15, 1998, but before May 29, 2003, and for which no new service units
have been added, impact fees shall be collected as follows:
Water Service Area
Wastewater Service Area (Zone 1)
$2,044 per service unit
$483 per service unit
See. 26-223. Offsets and credits.
(a)
The City shall offset the reasonable value of any area-related facilities, identified in the
impact fee capital improvements plan and constructed pursuant to an agreement with the
City, except as otherwise provided therein, which are dedicated to and received by the
City on or after the effective date of this ordinance, against the amount of the impact fee
9
due for that category of capital improvement. No offsets or credits shall be provided for
required over-sizing of water and wastewater lines or lift stations not identified in the
capital improvements plan or for pro-rata payments to repay other developers for such
over~sizing pursuant to Chapter 35-Development Code; and Subchapter 21~Water &
Wastewater Standards.
(b)
The City shall credit any new development that occurs subsequent to the effective date of
this Article, any mount of capital recovery fees which have been collected by the City
pursuant to duly adopted ordinances and any impact fees collected by the City pursuant to
this Article.
(c)
All offsets and credits against impact fees shall be subject to the following limitations and
shall be granted based on this Article and additional standards promulgated by the City,
which may be adopted as administrative guidelines.
(1)
No offset or credit shall be given for the dedication or construction of site-related
facilities.
(2) No offset or credit shall exceed the impact fee to be collected from new
development as established in Section 26-219.
(3)
The unit costs used to calculate the offsets shall not exceed those assumed for the
capital improvements included in the impact fee capital improvements plan for
the category of facility within the service area for which the impact fee is
imposed.
(4)
If an offset or credit applicable to a plat has not been exhausted with/n ten (10)
years from the date of the acquisition of the first building permit issued or
connection made after the effective date of this Article or withLn such period as
may be otherwise designated by agreement for capital improvements pursuant to
Section 26~229, such offset or credit shall lapse.
In no event will the City reimburse the property owner or developer for an offset
or credit when no impact fees for the new development can be collected pursuant
to this Article or for any mount exceeding the total impact fees collected or due
for the development for that category of capital improvement, unless otherwise
agreed to by the City.
(6)
No offset shall exceed an amount equal to the eligible costs of the improvement
mfiltiplied by a fraction, the numerator of which is the impact fee per service unit
due for the new development as computed using Schedule 2 and the denominator
of which is the maximum impact fee per service unit for the new development as
computed using Schedule 1.
(7)
Offsets or credits for area-related facilities dedicated to and accepted by the City
for a development prior to the effective date of this Arhcle shall be prorated
10
among the total number of service units within such development and reduced by
an amount equivalent to the number of existing service units within such
development and shall be further reduced by the amount of any participation
funds received from the City and by any payments received from other
developments who utilize the system facility.
(8)
The City may participate in the costs of an area-related improvement to be
dedicated to the City, including costs that exceed the amount of the impact fees
due for the development under Schedule 1 for that category of capital
improvements, in accordance with policies and rules established under the City's
subdivision regulations and when incorporated into an agreement for capital
improvements pursuant to Section 26-229. The amount of any offset shall not
include the amount of the City's participation.
(d)
Unless an agreement for capital improvements is executed providing for a different
manner of offsetting or crediting impact fees due pursuant to Section 26-229, an offset or
credit associated with a plat shall be applied to reduce an impact fee at the time of
application for the first building permit or at the time of application for the first utility
connection for the property, in the case of land located within the City's extraterritorial
jurisdiction, and, thereafter, to reduce impact fees subsequently to be collected, until the
offset or credit is exhausted.
Sec. 26-224. Establishment of accounts.
(a)
The City's Department of Finance shall establish separate interest-bearing accounts
clearly identifying the category of capital improvement (i.e. water facilities and
wastewater facilities) within the service area for which the impact fee is collected.
(b)
Interest earned by each account shall be credited to the account on which it is earned and
shall be used solely for the purposes specified for impact fees as authorized herein.
(c)
The City's Department of Finance shall establish adequate fmancial and accounting
controls to ensure that impact fees disbursed from the account are utilized solely for the
purposes authorized in this Article. Disbursement of funds shall be authorized by the
City at such times as are reasonably necessary to carry out the purposes and intent of this
Article; provided, however, that any fee paid shall be expended within a reasonable
period of time, but not to exceed ten (10) years from the date the fee is deposited into the
account.
(d)
The City's Department of Finance shall maintain and keep adequate financial records for
each such account, which shall show the source and disbursement of all revenues, which
shall account for all monies received, the number of service units for which the monies
are received, and which shall ensure that the disbursement of funds from each account
shall be used solely and exclusively for the provision of projects specified in the impact
fee capital improvements plan as area-related capital projects. The City's Department of
Finance shall also maintain such records as are necessary to ensure that refunds are
11
appropriately made in accordance with this Article. The records of the account into
which impact fees are deposited shall be open for public inspection and copying during
ordinary business hours. The City may establish a fee for copying services.
Sec. 26-225. Use of proceeds of impact fee accounts.
(a)
The impact fee collected pursuant to this Article may be used to finance or to recoup
capital construction costs for water and wastewater facilities identified in the impact fee
capital improvements plan and for any purpose authorized in Texas Local Government
Code, Chapter 395, V.T.C.A. as amended. Impact fees may also be used to pay the
principal sum and interest and other finance costs on bonds, notes or other obligations
issued by or on behalf of the City to finance such capital improvements or facilities
expansions.
(b)
Impact fees collected pursuant to this Article shall not be used to pay for any of the
following expenses:
(1)
Construction, acquisition, or expansion of capital improvements or assets other
than those identified for the water and wastewater utility in the impact fee capital
improvements plan;
(2)
Repair, operation, or maintenance of existing or new capital improvements or
facilities expansions;
(3)
Upgrading, expanding, or replacing existing capital improvements to serve
existing development in order to meet stricter safety, efficiency, environmental or
regulatory standards;
(4)
Upgrading, expanding, or replacing existing capital improvements to serve
existing development; provided, however, that impact fees may be used to pay the
costs of upgrading, expanding or replacing existing capital improvements in order
to meet the need for new capital improvements generated by new development; or
(5) Administrative and operating costs of the City.
Sec. 26-226. Appeals.
(a)
The property owner or applicant for new development may appeal the following
decisions to the City Council: (a) the applicability of an impact fee to the new
development; (b) the method of calculating the amount of the impact fee due; (c) the
ava/lability or the amount of an offset, credit or rebate; (d) the application of an offset or
credit against an impact fee due; or (e) the amount of a refund due, if any.
(b) The burden of proof shall be on the appellant to demonstrate that the amount of the fee or
12
(c)
the mount of the offset, credit or rebate was not calculated according to the provisions of
this Article.
The appellant must file a notice of appeal with the City Secretary within thirty (30) days
following the determination of the amount of the impact fees to be paid by the
development. If the notice of appeal is accompanied by a bond Or other sufficient surety
satisfactory to the City Attorney in an amount equal to the original determination of the
impact fee due, the development application may be processed while the appeal is
pending.
Sec. 26-227. Refunds.
(a)
Any impact fee or portion thereof collected pursuant to this Article which has not been
expended within ten (10) years from the date of payment, shall be refunded, upon
application, to the record owner of the property at the time the refund is paid, or, if the
impact fee was paid by another governmental entity, to such governmental entity,
together with interest calculated from the date of collection to the date of refund at the
statutory rate as set forth in Vernon's Ann. Civil Statutes, Title 79, Art. 1C.002, or any
successor statute.
(b)
Upon the request of an owner of the property on which an impact fee has been paid, the
City shall refund such fees if:
(1) Existing service is available and service is denied; or
(2)
Service was not available when the fee was collected and the City has failed to
commence construction of facilities to provide service within two (2) years of fee
payment; or
(3)
Service was not available when the fee was collected and has not subsequently
been made available within a reasonable period of time considering the type of
capital improvement or facility expansion to be constructed, but in any event no
later than five (5) years from the date of the payment.
(c)
The City shall refund an appropriate proportion of impact fee payments in the event that a
previously purchased but uninstalled water meter for which the impact fee has been paid
is replaced with a smaller meter, based on the service unit differential of the two (2)
meter sizes and the fee per service trait at the time of the original fee payment.
(d)
A petition for refund under this section shall be submitted to the Director on a form
provided by the City for such purpose. Within one (1) month of the date of receipt of a
petition for refund, the Director must provide the petitioner, in writing, with a decision on
the refund request, including the reasons for the decision. If a refund is due to the
petitioner, the Director shall notify the Assistant City Manager of Finance and request
that a refund payment be made to the petitioner.
13
Sec. 26-228. Update of plan and revision of fees.
(a)
The City shall update its land use assumptions and capital improvements plans at least
every five (5) years, commencing from the date of adoption of such plans, and shall
recalculate the impact fees based thereon in accordance with the procedures set forth in
Texas Local Government Code, Chapter 395, or in any successor statute.
Co)
The City may review its land use assumptions, impact fees, capital improvements plans
and other factors such as market conditions more frequently than provided in subsection
(a) to determine whether the land use assumptions and capital improvements plans should
be updated and the impact fee recalculated accordingly, or whether Schedules 1 or 2
should be changed. Schedule 2 may be amended without revising land use assumptions
and capital improvements plans at any time prior to the update provided for in subsection
(a), provided that the impact fees to be collected under Schedule 2 do not exceed the
impact fees assessed under Schedule 1.
(c)
If, at the time art update is required pursuant to Subsection (a), the City Council
determines that no change to the land use assumptions, capital improvements plan or
impact fee is needed, it may dispense with such update by following the procedures in
Texas Local Government Code, Section 395.0575.
(d)
The City may amend by resolution the land use equivalency table (Exhibit F) at any time
prior to the update provided for in Subsection (a), provided that the number of service
units associated with a particular land use shall not be increased.
Sec. 26-229. Agreement for capital improvements.
An owner of a new development may construct or finance a capital improvement or facility
expansion designated in the impact fee capital improvements plan, if required or authorized by
the City, by entering into an agreement with the City prior to the issuance of any building permit
for the development. The agreement shall be on a form approved by the City and shall identify
the estimated cost of the improvement or expansion, the schedule for initiation and completion of
the improvement or expansion, a requirement that the improvement be designed and completed
to City standards and such other terms and conditions as deemed necessary by the City. The
agreement shall provide for the method to be used to determine the amount of the offset to be
given against the impact fees due for the development or any reimbursement to the owner for
construction of the facility.
Sec. 26-230. Use of other financing mechanisms.
(a) In addition to the use of impact fees, the City may finance water and wastewater capital
improvements or facilities expansions designated in the impact fee capital improvements
plan through the issuance of bonds, through the formation of public improvements
14
Co)
(e)
districts or other assessment districts, or through an3' other authorized mechanism, in such
manner and subject to such limitations as may be provided by law.
Except as otherwise provided herein, the assessment and collection of a impact fee shall
be additional and supplemental to, and not in substitution of, any other tax, fee, charge or
assessment which is lawfully imposed on and due against the property.
The City may pay all or part of impact fees due for a new development taking into
account available offsets and credits pursuant to duly adopted criteria.
Sec. 26-231. Conflicting ordinances.
All ordinances or parts of ordinances that are in force when the provisions of this ordinance
become effective, which are inconsistent or in conflict with the terms or provisions contained in
this ordinance, are hereby repealed to the extent of the conflict.
Sec. 26-232. Reserved.
SECTION 4. That any person violating any provision of this Ordinance shall, upon
conviction, be fined a sum not exceeding $2,000. Each day that a provision of this Ordinance is
violated shall constitute a separate and distinct offense.
SECTION 5. That if any section, subsection, paragraph, sentence, clause, phrase or
word in this Ordinance, or application thereof to any person or circumstances is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance, and the City Council of the City of Denton, Texas hereby declares it
would have enacted such remaining portions, despite any such invalidity.
SECTION 6. That this Ordinance shall repeal any conflicting ordinances and resolutions
to the contrary; it being the intention of the City Council to fully amend all provisions of Chapter
26 of the City of Denton, Texas Code of Ordinances dealing with Impact Fees.
SECTION 7. That this Ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary is hereby directed to cause the caption of this
Ordinance to be published twice in the Denton Record Chronicle, a daily newspaper published in
the City of Denton, Denton County, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the 13th day of May, 2003.
EULINE BROCK, MAYOR
15
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CiTY ATTORNEY
16
EXHIBIT "A" - Land Use Assumptions for Water and Wastewater Impact Fees
EXHIBIT "B" - Capital Improvements Plans for Water and Wastewater Impact
Fees
EXHIBIT "C" - Amended Water Impact Fee Service Area
EXHIBIT "D" - Wastewater Impact Fee Service Area - Zone 1
EXHIBIT "E" - Wastewater Impact Fee Service Area- Zone 2
EXHIBIT "F" - Land Equivalency Table
S:\Our Doeuments\Ordinances\03~2003 Denton Amended Impact Fee Ordinance - WWW Draft #7 042303 MSC.doc
17
Due to technical difficulties, the PUB minutes
from the January 12, 2004 meeting will be
provided to you under separate cover.
AGENDA INFORMATION SHEET
AGENDA DATE: January 20, 2004
DEPARTMENT: Water Utilities
ACM: Howard Martin, ACM/Utilities 349-8232
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Demon, Texas denying the
appeal of the Denton Independent School District regarding the C.H. Collins Athletic Complex,
brought pursuam to §26-226 of City of Demon Ordinance No. 2003-137, involving the
imposition of impact fees; and providing for an effective date.
BACKGROUND
The Demon 1SD is appealing the impact fees associated with the C.H. Collins Athletic Complex,
which is curremly being built north of Loop 288 and west of Sherman drive (Exhibit 2) and will
be served by City water and wastewater utilities. The C.H. Collins Athletic Complex was
included in the Denton lSD 2002 Bond package that was formulated and approved by voters at
the time the previous impact fee schedule (Ordinance 1998-003) was in effect. There is a
detailed discussion regarding the Demon lSD impact fee appeal in the previous Teasley Lane
High School agenda information sheet (Exhibit 3). The only distinction between the two appeals
is the specific utility lines for which Demon lSD is requesting impact fee credits.
The request for an appeal (Exhibit 4) of the water/wastewater impact fees from the Demon lSD
for the C.H. Collins Athletic Complex was received on December 10, 2003. A summary of
Demon ISD's impact fee appeal is provided below.
1) Demon lSD is appealing the method of calculating the impact fees based on the
schedule of fees that went into effect May 29, 2003. In essence, the Denton lSD is
requesting to be assessed according to the fee schedule in Ordinance 1998-003 that
was in effect prior to May 29, 2003.
2) Demon lSD is requesting consideration of an impact fee credit for a 12" water line
extension and associated easement at the C.H. Collins Athletic Complex site.
As discussed in the previous agenda, Schedule 1 (§26-222(f) and (g)) clearly sets the assessmem
rate and establishes maximum impact fees under the currem fee schedule based on the date of
final plat recordation. The final plat for the C.H. Collins Athletic Complex was approved by
Planning and Zoning on August 27, 2003 and recorded on November 6, 2003. Because the date
of final plat recordation occurred after the effective date of the revised ordinance, which was
May 29, 2003, impact fees for the C.H. Collins Athletic Complex are being assessed according
to the current fee schedule. In addition, the 12" water line extension the Denton lSD is
requesting a credit for was a subdivision exaction required according to the developmem code
and is not an improvement identified in the impact fee capital improvements plan. Therefore,
this improvement is not eligible for an impact fee credit.
Staff requested a legal opinion of the merits of the Denton ISD's impact fee appeal for the
project. The written response from the Utility Departmem's legal counsel was distributed to you
for review on January 9, 2004. The legal opinion agrees that the impact fee assessment for the
project as communicated in staff's September 12, 2003 letter is consistent with the criteria
outlined in Ordinance 2003-137. It further supports the position that the appeals request by the
DeNon lSD does not meet the appeals criteria outlined in §26-226 of Ordinance 2003-137.
OPTIONS
1. Deny the impact fee appeal of the C.H. Collins Athletic Complex
2. Grant the impact fee appeal of the C.H. Collins Athletic Complex
RECOMMENDATION
Staff is recommending to the PUB that a recommendation is made to the City Council to deny
the Denton lSD impact fee appeal on the grounds that 1) the final plat recordation date of
November 6, 2003 occurred after May 29, 2003, the effective date of the revised ordinance and
should therefore be assessed under the current fee schedule, and 2) the water line extension at the
site is not idemified in the impact fee capital improvemem plans and therefore does not qualify
for an impact fee credit.
The PUB reviewed the Denton 1SD impact fee appeal of the C.H. Collins Athletic Complex on
January 12, 2004. The PUB recommendation will be provided to the City Council in the PUB
meeting minutes (Exhibit 6).
FISCAL INFORMATION
The difference between the calculation of impact fees under the current fee schedule and old fee
schedule for the C.H. Collins Athletic Complex is $121,026.00 (detailed below).
Water Impact Wastewater Total Impact
fees Impact fees fees
Total SFEs Assessed
Assessemem -Current Impact Fee Schedule
Assessement - Previous Impact Fee Schedule
66 50
$208,230.00 $71,850.00 $280,080.00
$134,904.00 $24,150.00 $159,054.00
Difference $121,026.00
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Public Utilities Board, on January 12, 2004, voted to deny the appeal by a vote of five (5) to
two (2).
EXHIBITS
1. Ordinance
2. C.H. Collins Athletic Complex Site Map
3. Teasley Lane High School Impact Fee Appeal Agenda Information Sheet
4. Denton lSD C.H. Collins Athletic Complex Impact Fee Appeal
5. PUB Meeting Minutes - January 12, 2004
Respectfully submitted:
Howard Martin
Assistant City Manager for Utilities
ORDINANCE NO. 2004-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
DENYING THE APPEAL OF THE DENTON INDEPENDENT SCHOOL DISTRICT
REGARDING THE C.H. COLLINS ATHLETIC COMPLEX, BROUGHT PURSUANT
TO §26-226 OF CITY OF DENTON ORDINANCE NO. 2003-137, INVOLVING THE
IMPOSITION OF IMPACT FEES; AND PROVDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas has hereby convened,
after posting notice of the time and place of the meeting as required by applicable law; that
certain appeal of the Denton Independent School District, hereafter referred to as the DISD
regarding the C.H. Collins Athletic Complex, brought pursuant to §26-226 of City of
Denton Ordinance No. 2003-137, respecting the imposition of impact fees; and
WHEREAS, DISD has made an oral presentation to the Denton Public Utilities
Board on January 12, 2004, and after considering the presentation of Staff and DISD, the
Denton Public Utilities Board voted five votes to deny said appeal, with two votes to allow
said appeal; additionally, comments were made by each member of the Public Utilities
Board to be included in the minutes provided for the City Council; and
WHEREAS, under the provisions of §26-226, DtSD presented its case and filed
materials for the City Council's consideration, and made arguments; the City, through its
Staff, presented its case and filed materials for the City Council's consideration, and made
arguments; and the City Council, having been instructed as to the burden of proof and the
applicable law, issued its ruling on the appeal. NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the appeal of Denton Independent School District regarding the
impact fees relating to C.H. Collins Athletic Complex, brought pursuant to §26-226 of City
of Denton Ordinance No. 2003-137, having been considered by the City Council, and as
duly noticed in accordance with applicable law, is not well taken and is hereby accordingly
DENIED.
SECTION 2: That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the
__day of ,2004.
EULINE BROCK, MAYOR
EXHIBIT 1
1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
S:\Our Documents\Ordinances\04LAppeal of Impact Fees-DlSD-Collins Athletic Complex-2004.doc
C.H. Collins Athletic Complex
CrH. Cottln$ A~hle~:lc Cornpex
EXHIBIT 2
PUBLIC UTILITIES BOARD AGENDA INFORMATION SHEET
AGENDA DATE: January 12, 2004
DEPARTMENT:
ACM:
Water Utilities
Howard Martin, Utilities 349-8232
SUBJECT
Determine a recommendation for the City Council regarding the appeal of Demon lSD brought
pursuam to §26-226 of the City of Demon Ordinance No. 2003-137, involving the imposition of
impact fees for the Teasley Lane High School.
BACKGROUND
The Demon ISD 2002 Bond package included the Teasley Lane High School, which is curremly
being built on Teasley Lane between Hickory Creek and Old Alton Road (Exhibit 1). The
project is within Demon's service area and will be served by City water and wastewater utilities.
When the Bond package was formulated and subsequently approved by voters, the previous
impact fee schedule (Ordinance 1998-003) was in effect.
State law, Chapter 395 of the Texas Local Government Code, requires the City of Denton to
update the Capital Improvemems Plan (CIP) and revise impact fees according to the updated CIP
every five years. The City of Demon completed a new CIP in the spring of 2003 and revised
impact fees accordingly. The revision of fees ultimately resulted in an increase in water and
wastewater impact fees. The revised ordinance was made effective by the City Council on May
29, 2003. The revision of impact fees by the City was prior to the Demon lSD beginning
construction of this project and resulted in a budget shortfall for Denton lSD regarding impact
fees.
Per the request of Denton lSD, staff communicated the impact fee assessment for two large
projects in a letter dated September 12, 2003 (Exhibit 2). The letter explained how impact fees
and meter fees for the project were determined in accordance with the currem City impact fee
ordinance. A follow-up letter (Exhibit 3) dated October 28, 2003 was provided to the Demon
lSD detailing the impact fee revisions that went into effect on May 29, 2003, the effects of those
revisions on Demon ISD's budget, and the concessions made on behalf of City staff to alleviate a
portion of the budget shortfall. The Denton lSD requested an extension to the impact fee appeal
timeline on November 20, 2003, which was subsequently granted by water utilities staff on
November 21, 2003. The City Secretary received a request for an appeal (Exhibit 4) of the
water/wastewater impact fees from the Denton lSD for the Teasley Lane High School on
December 10, 2003. A summary of Demon ISD's impact fee appeal is provided below.
EXHIBIT 3
1) DeNon 1SD is appealing the method of calculating the impact fees based on the
schedule of fees that went into effect May 29, 2003. In essence, the Denton lSD is
requesting to be assessed according to the fee schedule in Ordinance 1998-003 that
was in effect prior to May 29, 2003.
2) DeNon lSD is requesting consideration of an impact fee credit for a 12" water line and
associated easement as well as an 8" sewer line extension at the Teasley Lane High
School site.
In the first appeal, Denton 1SD is appealing the method of calculating the amount of the impact
fee due (§26-226(b)). Based on the facts that the plat and plans were submitted and the
authorization of funds for the project occurred prior to the effective date of the ordinance,
Denton lSD requests that the impact fees be calculated on the fee schedule in effect at that time.
Under §26-220(a)(1) of the impact fee ordinance the assessmem of impact fees shall occur at the
time application is made for the building permit or utility connection, whichever first occurs, and
shall be the amount of the maximum impact fee per service unit in effect, as set forth in Schedule
1. Denton lSD is currently in the process of obtaining a building permit. Most importantly,
Schedule 1 clearly sets the assessmem rate and establishes maximum impact fees in §26-222(f)
and (g). The ordinance states, for a new developmem for which final plat recordation occurred
on or after May 29, 2003... the maximum impact fee per service unit shall be as follows: $3,155
for the water service unit... $1,437 for the service unit for Zone 1 wastewater service area... The
date of final plat recordation for the Teasley Lane High School occurred on November 6, 2003,
after the effective date of the revised ordinance. The project was approved by Planning and
Zoning on July 23, 2003. (Please reference Exhibit 5for a complete version of impact fee
ordinance 2003-070)
In addition, DeNon 1SD is appealing; §26-226(c) the availability or the amoum of an offset,
credit or rebate; and §26-226(d), the application of an offset or credit against an impact fee due.
Denton lSD requests that capital recovery costs for the extension of a 12" water line and 8"
sewer line at the Teasley Lane High School site be calculated and credited to the impact fees in
place prior to May 29, 2003. According to §26-223(a), the City shall offset the reasonable value
of any area-related facilities, identified in the impact fee capital improvements plan and
constructed pursuant to an agreement with the City... The water and wastewater improvements
constructed by the Denton lSD were subdivision exactions required under the development code
and were not improvements identified in the impact fee capital improvements plan. Therefore,
these improvements are not eligible for an impact fee credit.
Staff requested a legal opinion of the merits of the Denton ISD's impact fee appeal for the
project. The written response from the Utility Departmem's legal counsel is enclosed as Exhibit
6. The legal opinion agrees that the impact fee assessment for the project as communicated in
the September 12, 2003 letter is consistent with the criteria outlined in Ordinance 2003-137. It
further supports the position that the appeals request by the Denton lSD does not meet the
appeals criteria outlined in §26-226 of Ordinance 2003-137.
OPTIONS
1. Recommend the City Council deny the Teasley Lane High School impact fee appeal
2. Recommend the City Council consider the Teasley Lane High School impact fee appeal
RECOMMENDATION
Staff recommends that the PUB make a recommendation to the City Council to deny the Denton
lSD impact fee appeal on the grounds that 1) the final plat recordation date of November 6, 2003
occurred after May 29, 2003, the effective date of the revised ordinance and should therefore be
assessed under the current fee schedule, and 2) the water line and sewer line extensions at the site
are not identified in the impact fee capital improvement plans and therefore do not qualify for an
impact fee credit.
Staff has implemented impact fees in an equitable manner according the City's impact fee
ordinances since the inception of impact fees in 1998. The Denton lSD, along with all other
entities in the development community, have been subject to impact fee implementation dates
since 1998. A recent developer, whose project did not meet the 2003 revised impact fee
implementation dates, brought forth a similar appeal that was ultimately denied. Granting this
appeal could potentially lead to legal challenges to the uniform implementation of previously
collected impact fees from other entities in the development community who have paid impact
fees according to the dates outlined in the City's impact fee ordinances 1998-003 and 2003-137.
FISCAL INFORMATION
The difference between the calculation of impact fees under the current fee schedule and
previous fee schedule for the Teasley Lane High School is $199,707.50 (detailed below).
Water Impact Wastewater Total Impact
fees Impact fees fees
Total SFEs Assessed
117.5 72.5
Assessement -Current Impact Fee Schedule $370,712.50 $104,182.50 $474,895.00
Assessement - Previous Impact Fee Schedule
$240,170.00 $35,017.50 $275,187.50
Difference $199,707.50
Although the difference between the fee calculations under the current and previous impact fee
schedule is substantial, it should be noted that the Denton lSD, as well as all other rate payers
also receive benefits from the City's implementation of impact fees through lower water and
wastewater user rates. For a large water user such as Denton lSD, keeping rates stable results in
a significant savings in their annual operating costs. Water rates have not increased since 1996
due to the policy decisions made by the Public Utilities Board and City Council adopting impact
fees which provide infrastructure financing to support anticipated growth while minimizing the
impact on the existing rate payers. The subsequent implementation of those policies by staff has
resulted in stable rates with only a 2% scheduled increase thru 2006. In contrast, without impact
fees, water rates would have increased an additional 24% from 2003 thru 2006. Only a 16% rate
increase in wastewater has been scheduled over the next three years compared to what would
have been a 21% increase without impact fees. Assuming that Denton iSD's water consumption
continues at its current volumes, the compounded saving realized for Denton lSD in water and
wastewater rates from 2003 thru 2006 is approximately $206,000. By comparison, the average
residemial water bill in 2006 will be close to $30.75 rather than an estimated $36.19 without
impact fees.
it should also be noted that the impact fee assessment for this project is proportionally smaller
than what is typical of most developments. A singe-family residence is assessed one SFE for
water and one SFE for wastewater. The cost of that assessment is $4,592. For a home that costs
$150,000, the impact fee is 3.1% of the total project cost, including land value and construction.
Likewise, impact fees for an apartmem complex typically range from 2.5 to 3.5% of total project
costs. The estimated project cost for the Teasley High School is in excess of 47 million dollars.
The impact fee assessment of $474,895, under the current impact fee schedule, only equates to
about 1% of the total project cost. The difference in the impact fee assessments between the
current and previous impact fee schedules of $199,707.50 equates to a Denton lSD cost overrun
of approximately 0.4% of the total project.
EXHIBITS
2.
3.
4.
5.
6.
Teasley Lane High School Site Map
Impact Fee Assessment Letter
Impact Fee Follow-up Letter
Demon lSD Teasley Lane High School impact Fee Appeal
City Ordinance 2003-070
City of Demon Legal Opinion
Respectfully submitted:
Tim Fisher
Assistant Director of Water Utilities
Prepared by:
David Wachal
Water Utilities Coordinator
1307 N. Locust St.
P, 0. Box 2387
940-369,0003
Denton Independent School District
Dr. Ray E. Braswel], Superintendent
e-marl: rbraswell@dentonisd.org
Denton, TX 76201 ·
Denton, TX 76202-2387
Fax: 940-369-4982
December 10, 2003
Mr. Howard Martin
Assistant City Manager
City o f Denton
215 E. McKirmey St.
Denton, TX 76201
Reference: New District Stadium
C.H. Collins Athletic Complex
Dear Mr. Martin:
In response to your letter dated October 28, 2003, on behalf of the Denton Independent School
District, we respectfully submit an appeal of the assessment of impact fees for the New District
Stadium project. We request that the City consider both provisions in this appeal.
i.
The method of calculating thc impact fees due is base~d on the schedule of fees that
went into effect Ma~, 29, 2003. Voter approval for the authorization of these funds
occurred prior to this new effective date. Additionally, the plat and plans for permit
were submitted prior to May 29, 2003. As such, the Denton ISD respectfully requests
that the impact fees be calculated on the fee schedule in effect prior to that date. This
request for exception is valid under section (b) of the appeals portion of the impact
fee ordinance - appealing the method of calculating the amount of the impact fee due.
A 12" water line and associated easement has been extended along Long Road
approximately 2100 lineal fl to the western edge of the property that will serve future
development. Portions of the costs are subject to rebates fi:om future developments'
use and connection to these utilities. We would request that these capital recovery
costs be calculated and credited to the impact fees in place prior to May 29, 2003.
This request for exception is valid under sections (c) and (d) of the appeals portion of
the impact fee ordinance -(c) the availability or the amount of an offset, credit or
rebate and/or (d) the application of an offset or credit against an impact fee due.
Please advig~ of any additional information required to formalize the appeal and be placed on the
Public Utility Board Meeting January 12, 2004.
Sin~,~rely,
Ray-Bragwell
Superintendent
EXHIBIT 4
Due to technical difficulties, the PUB minutes
from the January 12, 2004 meeting will be
provided to you under separate cover.
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
January 20, 2004
Airport & Transportation Operations
Questions concerning this
matter may be directed
to Mark Nelson 349-7702
ACM:
Jon Fortune, Assistant City Manager
SUBJECT:
Consider adoption of an ordinance of the City of Denton, Texas terminating that certain airport
lease dated March 1, 1999, by and between the City of Demon, Texas and Wayne Allen
Construction, Inc.; authorizing the City Attorney or his designee to take appropriate legal action,
if necessary to effectuate the termination; and providing an effective date.
BACKGROUND INFORMATION:
Under the subject airport lease the lessee, Wayne Allen Construction was to construct certain
hangar/office improvemems on the leased premises. Over 4 ½ years have expired since the date
of the lease with no improvements being constructed. Because this matter involves legal issues a
more comprehensive legal analysis is being provided in the City Attorney's attorney-cliem
confidential status report.
PRIOR ACTION:
On or about January 14, 2004 the Airport Advisory Board recommended action be taken to
terminate the subject lease.
RECOMMENDATION:
We recommend the approval of this ordinance.
Respectfully submitted:
Mark Nelson, Director of Airport &
Transit Operations
Exhibit A
DENTON
DENTON MUNICIPAL AIRPORT, TERMINAL BUILDING, DENTON, TX 76207-4504
(940) 349-7736 - (940) 349-7702 - Fax (940) 349-7289
February 26, 2001
Mr. Wayne Allen, PreSident
Wayne Alien Construction, Inc.
100 North Locust, Suite 1
Denton, TX 76201
FEB2
Airport Lease Agreement dated March t, 2001 between the City of Denton, Texas and
Wayne Alien Construction, Inc., for Commercial Operations (the "Lease Agreement").
Dear Mr. AIlen:
Under the terms of the Lease Agreement you are required to construct at a minimum a 3,500 square
foot hangar/office facility on Lot lA and a 2,500 square foot hangar/office facility on Lot lB of the
leased premises. We are approaching the second anniversary of the commencement of the Lease
Agreement and no substantial construction activity has been initiated as of the date oftttis letter. The
construction of these facilities is an integral part of the lease agreement. The Airport Advisory
Board believes that a two-year delay in construction is an unreasonable amount of time to delay the
proposed development of said lots.
This letter shall serve as written notification the Denton Municipal Airport is requesting ]that a
building permit be obtained for the construction of said facilities on Lot IA and lB within 45-days
of the receipt of this letter. Furthermore, it is requested that said development be completed or near
completion within eight months of the two-year anniversary, March 1, 2001, of the lease agreement.
Should you have any questions concerning this request, please do not hesitate to contact me at 349-
7702.
Sincerely,
Mark Nelson
Airport Manager
PC:
Denton Airport Advisory Board
Jori Fortune, ACM, Public Safety and Transportation Operations
Ed Snyder, First Assistant City Attorney
"Dedicated to Quatit? Service"
Exhibit B
DENTON
City Attorney's Office
City of DenWn, Texas
215 East McKinney
Denton, Texas 76201
(940) 349~8333
Fax (940) 382-7923
September t O, 2001
CERTIFIED MAIL RRR#7000 I530 0005 1310 4594
Wayne Alien
President
Wayne Allen Construction, Inc.
100 North Locust, Suite 1
Denton, Texas 76201
Airport Lease Agreement dated March 1, 1999 between the City of Denton, Texas and Wayne
Allen Construct/on, Inc. (the "Lease Agreement")
Dear Mr. Allen:
On February 26, 2001 the City notified you m writing that you have failed to even commence
construction of the hanger/office facilities required by the Lease Agreement. You were asked to provide
the City in writing dates upon which you would begin and complete construction of the required
improvements. You have failed to respond. To date no construction has begun. I have thed on several
occasions to set up a meeting through your attorney, Ike Shupe, to discuss this issue. Each time he has
indicated that he would try and find out when you would be available to meet. To date I have not
received any confirmations on when you are willing to meet.
You are hereby given notice that you are in default of the Lease Agreement by failing to construct the
required improvements as provided in Article II D of the Lease Agreement. Should this default continue
for thirty days after your receipt of this notice then the City shall terminate the Lease Agreement.
Your prompt attention to this letter is requested.
Very~~~truly yours,
Ed Snyder
Deputy City Attorney
c:
Jon Fortune, Assistant City Manager/Public Safety & Transportation Operations
Mark Nelson, Director of Airport & Transit Operations
Ike Shupe
S:\Our Documents~,Correspondence\Ed Snyder\01 \Wayne Allen-9-11-01 ,doc
"Dedicated ~o Quah'ty Ser-e~e"
www. cihjofdenton.cora
Exhibit C
DEN
City Attorney's Office
City of Denton, Texas
215 East McKinney
Denton, Texas 76201
(O40) 340-8333
Fax (940) 382-7923
November 20, 2003
VIA CERTIFIED MAIJ~
RETURN RECEIPT REQUESTED #7003 1010 0004 2399 6522
AND FIRST CLASS MAIL
Wayne Allen, President
Wayne Allen Construction, Inc.
100 North Locust, Suite 1
Denton, Texas 76201
Airport Lease Agreement dated March 1, 1999 between the City of Denton, Texas and
Wayne Allen Construction, In¢: (the "Lease Agreement')
Dear Mr. Alien:
On February 26, 2001 and September 10, 2001 the City gave you written notices that you
are in default under the Lease Agreement for failing to commence construction of the
hangar/office facilities required by the Lease Agreement. To date you have not performed any
construction activities for these required improvements even though you have had over 4 V2 years
to do so.
You are hereby given notice that you are in default of the Lease Agreement by failing to
construct the required improvements as provided in Article II D of the Lease Agreement. If this
default continues for thirty days after the receipt of this notice the City will terminate the Lease
Agreement.
Deputy City Attorney
C:
Jon Fortune, Assistant City Manager
Mark Nelson, Director of Airport & Transit Operations
S:\Our Documents\Correspondcnce\Letters\03\Allen Lease Default,doe
"Dedicated to Qualihy Service"
www. cityofdenton.com
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TERMINATING THAT CERTAIN
AIRPORT LEASE DATED MARCH 1, 1999, BY AND BETWEEN THE CITY OF DENTON,
TEXAS AND WAYNE ALLEN CONSTRUCTION, INC.; AUTHORIZING THE CITY
ATTORNEY OR HIS DESIGNEE TO TAKE APPROPRIATE LEGAL ACTION, IF
NECESSARY, TO EFFECTUATE THE TERMINATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas (the "City") and Wayne Allen Construction, Inc.
("Alien") have entered into that certain Airport Lease Agreement dated March 1, 1999 (the
"Lease Agreement") whereby the City leased to Allen for aviation purposes an approximate
11,000 square feet of land described as Lot lA (called "Lot IA") and an approximate 8,800
square feet of land described as Lot lB (called "Lot lB"), which are more particularly described
in the Lease Agreement which is incorporated herein by reference (the "Leased Property"); and
WHEREAS, pursuant to the Lease Agreement Allen has the duty and obligation to
construct on Lot A a hangar/office facility of not less than 3,500 square feet, including related
improvements, and on Lot B the duty and obligation to construct a hangar/office facility of not
less than 2,500 square feet, including related improvements (the "Improvements"); and
WHEREAS, Allen's obligation to construct the Improvements is a material obligation of
Allen under the Lease Agreement; and
WHEREAS, on or about February 26, 2001 the City gave Allen notice that an
unreasonable period of time had elapsed without construction of the Improvements on the
Leased Property, a copy of which is attached hereto as Exhibit "A" and incorporated herein by
reference (the "February 26, 2001 Notice"); and
WHEREAS, in the February 26, 2001 Notice the City requested that Allen obtain a
building permit within 45 days of the February 26, 2001 Notice and complete the Improvements
no later than eight months after March 1,2001, which was the two-year anniversary of the Lease
Agreement; and
WHEREAS, on or about September 10, 2001 the City gave Allen a notice of default
under the Lease Agreement stating that the Lease Agreement would be terminated if construction
was not completed within 30 days of the notice, a copy of said notice being attached hereto as
Exhibit "B" and incorporated herein by reference (the "September 10, 2001 Notice); and
WHEREAS, despite the February 26, 2001 Notice and the September 10, 2001 Notice
Allen failed or refused to obtain a building permit or construct the Improvements; and
WHEREAS, on or about November 20, 2003 the City gave Allen another notice of
default for failing to construct the Improvements on the Leased Property, a copy which is
attached hereto as Exhibit "C" and incorporated herein by reference (the "November 20, 2003
Notice); and
S:\Our Documents\Ordinances\03\Termination of Airport Lease-Wayne Allen. doc
WHEREAS, the address for Allen on the November 20, 2003 Notice was the address for
Allen contained in the Lease Agreement, but it was returned because Allen's address had
changed; therefore the City re-sent the November 20, 2003 Notice to Allen's current address on
December 4, 2003 which was received by Allen on December 5, 2003; and
WHEREAS, the November 20, 2003 Notice informs Allen that if the Improvements are
not constructed with 30 days of the notice the City will terminate the Lease Agreement; and
WHEREAS, to date, which is over 30 days since the November 20, 2003 Notice was
received by Allen, Allen has failed to construct any of the Improvements on the Leased Property;
and
WHEREAS, the City Council of the City of Denton hereby f'mds that the more than 4 ½
year delay to construct the Improvements is an unreasonable period time for construction of the
Improvements and is a material breach of the Lease Agreement; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The City Council hereby terminates the Lease Agreement due to
nonperformance of a material obligation of Allen under the Lease Agreement. Should legal
action be required to effectuate the termination of the Lease Agreement and/or if it should
become necessary to file legal action to remove Allen from the Leased Property or to determine
the fights and obligations of the parties under the Lease Agreement, the City Attorney, or his
designee is hereby author/zed to file such legal actions or lawsuits on behalf of the City.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
__ day of ,2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS_TO LEG2~FORM:
HERB~~ITY ATTORNEY
BY: ~- ~ _
Page 2
AGENDA DATE:
DEPARTMENT:
CM:
AGENDA INFORMATION SHEET
January 20, 2004
Economic Development
Mike Conduff ~
SUBJECT
Consider adoption of a resolution by the City of Demon, Texas, authorizing the City Manager to
sign and submit an amendment to the 2003 Action Plan for Housing and Community
Development submitted in June 2003 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 for an effective date.
BACKGROUND
The Action Plan approved by City Council in June 2003 included an allocation of $156,000 in
HOME funding to the Denton Affordable Housing Corporation (DAHC) to be expended on the
Nevada Court new construction project. Due to delays on the Nevada Court project, DAHC has
requested that the $156,000 be reallocated to their Affordable Housing Opportunity Program
(AHOP). The City of Denton has funded the program since 1996. AHOP provides for the
purchase, renovation and sale of housing units to low and moderate-income households. DAHC
has assisted many new homebuyers in neighborhoods throughout Denton. AHOP has been very
successful.
ESTIMATED PROJECT SCHEDULE
AHOP is an on-going program. The program is set up as a revolving loan fund. Any program
proceeds earned are available for future projects. Funds will continue to be used for new
projects for the next three to five years.
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
The Community Development Advisory Committee met on December 2nd. They reviewed the
request from DAHC and are recommended approval of the proposed Action Plan amendment to
reallocate the $156,000 in HOME funding to the Affordable Housing Opportunity Program.
FISCAL INFORMATION
Funding for the proposed project will be from 2003-04 Home Investment Partnerships Program
(HOME) funding.
EXmBITS
1. Resolution
2. Unofficial CDAC Minutes of December 2, 2003
Respectfully submitted:
Linda Ratliff
Director of Economic Development
Prepared by:
Barbara Ross
Community Development Administrator
S:Our Doculnmlts Resolutions 04 anlmldlnmlt to 2OO3 action plan DOC
RESOLUTION NO.
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 2003 ACTION PLAN
FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN JUNE 2003 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
Partnerships program, prepared through a citizen participation process, a plan for using its 2003
CDB G, HOME and program income funding in the approximate amount of $1,730,700; and
WHEREAS, the City of Denton wishes to reallocate $156,000 in 2003 Home Investment
Partnership Program (HOME) from the Denton Affordable Housing Corporation's Nevada Court
project to their Affordable Housing Opportunity Program, 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 City
Manager to submit to the US Department of Housing and Urban Development an amendment for
the reallocation of funds in the 2003 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 reallocate $156,000 to the Affordable Housing Opportunity
Program administered by the Denton Affordable Housing Corporation.
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 this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of ,2004.
EULINE BROCK, MAYOR
S:Our Docunlmlt s Resohltions 04 anlmldnlmlt to 2OO3 action plan DOC
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2 of 2
Unofficial Minutes
Community Development Advisory Committee
December 2, 2003
Members Present:
Members Absent
with Notification:
Sandra Benavides, Cassandra Berry, Sondra Ferstl, Peggy Fox,
Bette Sherman, Will Taylor and Edward Touraine,
Hank Dickenson
The meeting was called to order and the members introduced themselves. Sondra Ferstl
and Ed Touraine provided information on the mission of the Community Development
Advisory Committee. Barbara Ross reviewed the status of previously funded activities.
Members had specific questions about the McKinney Street Sidewalk project that was
funded in 2001 and why it had been delayed. The MLK Lighting project should be
completed by July 2004. Ms. Ross reviewed current year projects and stated that some of
the sidewalk and repaving projects would be set up as a combined bid. This should help
get the projects started more quickly.
Members reviewed the request for a funding reallocation from Jane Burda Provo,
Executive Director of the Denton Affordable Housing Corporation. The agency is
requesting that $156,000 previously allocated for the Nevada Court project be transferred
for use in their Affordable Housing Opportunities Program. This program is set up to
purchase and renovate housing that is then sold to low or moderate-income households.
City HOME funding could be to pay for the purchase, construction costs and and/or
homebuyer assistance on the AHOP units. The program has been funded using City of
Denton HOME funding for several years. Sondra Ferstl made a motion that the
committee recommends to City Council that the DAHC be allowed to reallocate these
funds to the Affordable Housing Opportunity Program. Ed Touraine seconded the
motion. The motion was approved unanimously. Ms. Ross reviewed some of DAHC's
activities and commended them on their work in affordable housing. She stated that
DAHC is a strong community parmer.
Ms. Ross provided the committee members with a copy of the notes from the public
hearing on November 17. She stated that the notes included survey results. The minutes
would be provided to the various City departments and the non-profit organizations so
that they could see the needs that had been voiced by Denton residents. Ms. Ross stated
that the next public hearing is Monday, December 8 at the North Branch Library. Ed
Touraine asked what areas the hearing would cover. Ms. Ross indicated that the hearing
is open to anyone but that staff will target some of the areas around the Library with
flyers. She reviewed some of the past venues for hearings.
Page 1 of 2
Members reviewed the funding application. Ms. Ross reviewed the change requested by
Ms. Ferstl regarding the HOME eligible activities. She asked for additional changes.
Mr. Taylor asked if the application workshop would help organizations prepare their
application. Ms. Ross stated that this year the training is mandatory. She said she would
be happy to meet individually with anyone who could not attend the scheduled training.
Members discussed the need for a City map that pinpoints the location. It was agreed
that the applicants would include a City map and then request a site map that included
maj or streets.
Ms. Ross reviewed the application and hearing process. Members agreed on the
following meeting dates: February 11, 18, 23, March 3 and 10. Meetings will begin
around 12:00 pm and end between 2:00 and 2:30 pm.
Ms. Ross asked for nominations for Chair and Vice Chair. Peggy Fox commented that
Mr. Touraine and Ms. Ferstl did an excellent job last year. She proceeded to nominate
Ed Touraine as Chair and Sondra Ferstl as Vice Chair. The committee voted
unanimously to elect Mr. Touraine as Chair and Ms. Ferstl as Vice Chair.
The meeting was adjourned.
Page 2 of 2
13 ] 0 E. McKinney Street
Denton, TX 76209
(940) 387-$814
Jnnunry 20, 2004
Dear Chief Wiley and the Denton Police Department Team,
On behalf of the North Texas Chapter of Mothers Against Drunk Driving, I commend
your 2003 record for:
· Almost 500 DWI arrests made from the traffic division alone;
· Almost 800 tickets issued for alcohol-related offenses
· The investigation of some 232 crashes involving alcohol
And this good work despite the l~act that for two years now, your deparbnent's
personnel package has been'turned down by the City Council. We are aware that you
need not only additional personnel, but you need more space. We are also aware that
your valiant personnel haven't seen any raises in the last two years, which oran
results in the migration of good people to betler opportunities in other cities and
towns.
And in spite of your good work this year, 24 people died from alcohol-related crashes
in Denton County. We will never know how many lives might have been saved had
your department had more resources.
1 always remember that death at the hands of the drunk driver is an equal opportunity
way to die. The drunk driver will kill you no matter what your race, gender or sexual
preference. We are all potential road kill on our dangerous streets. We know that
olden, the only thing that stands between death's door and us is the vigilance of oar
law enforcement agencies.
Thank you, Chief Wiley, for the hard work your department does to make our streets
and neighborhoods safer. We urge our city leaders to do their best to give you the
resources you need to continue these efforts.
Sincerely,
Mitch Lnnd, Ph~C~
President, MADD North Texas
PROPOSED CHANGES TO NOW 12. 2003 P&Z RECOMmrNDrD.
D ..... TREE PRESERVATION ORDINANCE'
I
Purpose and Intent
The purpose of these regulations is to promote the preservation of trees and existing tree
canopy, to protect trees during construction, to facilitate site design and construction that
contribute to the long term viability of 6xisting t~ees winch improves environmental
..conditions, ~ :to comply with, air and water quality regulations, inc-~oasesto
increase_ property values, and to develop a process to control the removal of trees' when
necessary. It is the further pUrPose of this ordinance to achieve the folloWing broader·
· Objectives:
A. ......... r,,~,~;,,: +iiLsr, oxlm~, the clear-cutting of property,:
B. Maintain and enhance a positive image of the City::
C. Protect quality trees and promote the ecological, environmental and aesthetic values
of the City,.'
D. Establish a Tree FUnd for the preservation and replacement of trees,; ·
E..Preserve ' ~h/smdc-4me~.~
F. Provide for a permitting and enforcement procedure.
ApPlicability
A. ThisExcept as m-ovided in subsection (C~ below: this Subchapter shall apply to: I. UndeveloPed land?;.
2. All Property to be redeveloped including the addition of new ~as wells, and
additions or exterior ' ~-,,* ~* ;~,,~;~ ;~*~-;~ ~*~-~*;~- '
alterations, ~ ................ o .......... ,- ............ _thaLincre~m
the 'impervious coverage of a platted lot bv more than Hnsert a numberl scuare
3. ~-Right o£way, streets, parks, and other public property Under the jurisdiction of
the City of Den, tom:and
~ Protected Trees and Historic Trees that are nreserved and noted on a Site~ Plan
and/or Final Plat under Section 6(B] of-gubs~m
B. To the extenf there is a conflict between this ordinance and any tree preservation-
~ ~-ept-Jem~ reouirements for ~as well deve]o_~ment contained in any other Ordinance
of the City of'Denton, such other ordinances shah control over this ordinance.
· . 012295.00010:$215~5.01~
DRAFT TR~ PRESERVATION ORDINANCE
C. The requirements for tree nrotection and renlacement snecified in Sections 6 and 7 do
not apply to the following:
L All developments ~.at ?.ave net ........... for whmh a preliminary plat application
or a-building permit application, --.~:~ ............... ..... : .... ,-r--~:~"~'~, has been ~ubmitted as of
the effective date of this ordinance-shatl4~-subj~-to-t-he requirements for-tme-
"~v ............ v ...... ,e-m-subseetim~-6 and ~7a, tho-e~-
of;
~ &-,Agricultural uses greater than two (2) acres subject to the following restrictions;
a. The agricultural use shall be maintained for at least five (5) years.
b. In the event that the agricultural use is not maintained for five (5) years, the
requirements of this ........... or&nanee in effect at the time of tree removal
shall retroactively apply to the nerson who removes such trees. ^
........... amount nermitted under Section 7 shall be mitigated at a .
ratio of 1.3 ~ -laches -of ...... ~, ...... for -ever/-t-
3. g-:.-Property on which construction of single-family .or two-family'residential
dwelling unit(S) and a final inspection by the Building .Official have been'
completed..
~. 3;.-Trees located in the 'visibility triangle area, as defined in the Transportation
Criteria Manual.
. ~ 4:-Public Utility Projects, including public streets, electric transmission lines,
. drainage improvemen~cs and water and wastewater construction: For any project,
associated with a master plan, condt/cted by a public utility or a municipal owned
Utility Shall be exempt from tree replacement and tree protection requirements.
This does not exempt site development projects. IPlannin~ staff to clarify
fi. &.-Trees trimmed, cut. or removed by the Public Utdlt~es ..... **-~ ~*
~,,,, ............. an5 ecs that:
a.. Interfere with or encroach upon the operations of the utilities; or
b. Create a safety issue for utihty crews; or
c. Create a Safety issue to the public.
T6;-. City Landfill and Airport,
8_ ~.-Nursery trees that are planted and growing on the premises of a Wholesale
Nursery that are intended for sale in the ordinary course of business:.
9. ~-. Any tree determined to be diseased, dying or dead, by a qualified professional.
.... aoure. Any tree determined to be causing a danger
or be in hazardous condition as a result of a natural event such as tornado, storm,
flood or other act of God that endangers the public health, welfare or safety and
requires immediate removal.
DR~T TREE PRESERVATION ORDINANCE
Page 4 ~f 17
November 12, 2003
012295.00010 .......... g21525~5~11_
,I
DRAFT TREE PRESERVATION ORDINANCE
e
11. 10 ..... : .......--Dees ~+ ~,-1,,
· .... tv': -to .... The cleating of understory necessary to
perform boundary surveying of real property or to conduc~ tree surveys or
inventories, :&sas long as the cleating for surveying shall not exceed a width of
'two (2) feet for general survey (i.e. of easement boundary, etc.) and eight (8) feet
for survey of property boundary lines and any,1;Em~[~cL[hgt no tree having a ten
(10) inch dbh or greater sh&ll net be removed in any manner during suchboundary
or general surveying: without eompl_ving with the tree ~rotection and renlacement
'12.11.-Capitol Impr0vem~nt PrOjects awarded prior to the effective date of this
ordinance,
Permit. ~,~ .....
~_ No person, directly, or indirectly, shall cut down, ~-remove-~. move, or
effeeti~ntention allv destroy ~' ..... ~ ~'~ '
_ ..... ~,.:~21; d .... e.·gdama~ any ~e~th-a
,-,v ....... g.., (d~h)Ouali _ty Tree_ Protected Tree. or gr~~
Tree without first obtaining a tree removal permit ' '
nrovisions in this ordinance.
1. No grading, shall take place on any undeYeloped.property that coniains
~,.~ ................ rte ......... Ouahtv Trees. Protected Trees. or Historic Trees
~ obtaining a tree removal permit.
:;L Ouality Trees may he removed with a tree'removal hermit. · ·
3. Protected Trees and Historic Trees may be removed if removal is authorized by
· ' ' may be removed .... ~ a
~permit.
d. 4. Permit Review and Approval Process
......... _, ....... eUnon nassage of this ordinance, the
Director of Plannin~ shall nlace in'the Annlication Criteria Manual all of the
requirements for permitting and approval prcc~::]ocatedm' the'. ^~rr--~:~*;~- ................. r,.~+^,~_
2. A request, for g_tree removal permit shah be submitted and approved prior to the
removal of any prctccte~-t~ee4a4he-GityO~ ualitv Tree. Oua]itv Tree Stand. Protected
Tree. or Historic Tree,
3. A complete application shall be submitted along with the application fee. The fees
shall be established by City Council,and published in the Application Criteria manual.
DR,~T TR~ PRESERVATION ORDINANCE
Page -3 i~f 17
November 12, 2003
DRAFT TREE PRESERVATION ORDINANCE
I
4. A Tree Inventory Plan and a Tree Replacement/Mitigation Plan must be submitted
with the tree removal permit apPlication. Such plans must contain'the foll6win~
information [staffto insert nrior to nassa~e of this ordinaneel.
5. P-ermi~-~, -t~eelre~ removal ~e~its issued in connection with a building permit or
clearing and grading permit shall be valid for the same period of time. Tree removal
· permits lhaLglg31~issued not in connection with a building, permit or clearing and
· ' grading permit are valid for 180 days.
6. After rhea tree-pem~ iemoval permit is issued, the permit holder shall post a tree
protection sign, supplied by the City, at each entrance to the property and at any other
location designated by-the City.
....... j ...... arnor to ............ *.he issuance of a tree removal nermit.
the Plannin~ Director or his/her renresentative ma~v su~aest to owners, developers,
and builders te r,,.-dzz-non-substantive changes;-withia the gcc. pc-of-the-ordiama~, to
........... "1 ................ ~, ..... the
pmeessesTree Rep]aeement/Miti gation Plans that will provide the greatest reasonable
tree survival.
Tree Designations
Protected Trees
getec4-heatg~-spec-i~, identLficd-betm%, with-aProtected Trees are Healthy Trees
listed in Columns A and B of Table 1 with the minimum dbh as-identified shah be.
desibmated-as-a4Zroteoted~in Column C. ~-~e-tt~-is dc:ignored as-a-Protected
:gr-eeIree~ shall be preserved.
[Prior to the passage of this ordinance, planning staff should work
with all sectors of the community to identify the soecies from the list
in Table I that should aualifv for Protected Tree status and the size
at which preservation ~houl~i begin. All other 2"+ snecies from the
list below should retain Quality_ Tree status until they reach the dbh
listed in column C for that species.!
Common Name Botanical Name DBH
Large Trees
Pee~ Casa illinoinensis. 20"
Black Hieko~ Casa texana 20"
Texas Ash Fr~inus texensis 20"
DP~T TREE PRESERVATION ORDINANCE
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November 12, 2003
DRAFT TR E' PRESERVATION ORDINANCE
Black Walnut Juglans ni~a 20"
Sweet Gm Liquidamber s~rac~ua 20"
Chinese Pistac~o Pistacia chinensis 20"
Sawtoo~ O~ ~uercus acutissi~a 20"
EsC~ment Live O~ Quercusfus¢ormis 20"
Lacy O~ ~ercus glaucoides 20"
B~ O~ Quercus macroca~a 20"
Blackjack O~ Quercus marilandica 20"
Chinquapin O~ Quercus muhlenb~rgii 20"
Water O~ Quercus nigra 20"
Shm~d O~ Quercus shumardi~ 20'?
Post O~ Quercus stellata ' 20"
Texas Red O~ Querc~ texana 20v
Live O~ Quercus virginiana · 20"
Bald C~ress ~ T~odium diStichum 20"
Ced~ E~ Ulmus cras~olia 20"
Laceb~k E~ Ulmus pa~olia ~empe~irens 20"
Slippeu'E~ ,. Ulmus ~bra 20"
Medium Trees
Red Ced~ Junipers virginiana 8" '
Ma~olia Magnolia grand'ora 8"
Af~ Pine Pinus eldar~ca 8"
Winged E~ Ulmus alata 8"
Small Trees
Redbud Cercis canadensis varieties 6"
Texas Persi~on Diospyrus texana 6"
Poss~aw Holly Ilex deciduas . 6"
Yaupon Holly Ilex vomitoria 6"
Crape M~le~ Lagerstroemiaindica 6"
W~ M~le Myrica cervera 6"
Mexic~ Plm Pmnus mexicana 6"
Eve's Nec~ace Sophora affinis 6"
D~,A~ TRig PRESERVATION ORDINANCE
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November 12, 2003
012295.00010: .......... 21566.0~1
ORm A C
B, Historic Trees
A Historic Tree is a healOvf't~]~W_~Xr~ that stands at a'place where'an event of
historic significance occurred that had local, regional, or national importance; or at
the home of a citizen who is famous on a local, regional, or national basis. A tree may
also be considered historic if it has taken on a legendary stature to the community;
mentioned in literature or documents of historic value; or considered unusual due. to
size [insert a minimum sizel, age linsert a minimum a~el, or has landmark status·
The Historic Landmark Commission will make recommendations for Historic Tree
designations to thc Planning and Zoning Commission (which will conduct a public
heating and include property owner notification) for ultimate approval by the City
Council. Upon designation, each tree shall be added to a Historic Tree Registry map
to be maintained by the Planning and Development Department. A tree that is
designated as a Historic Tree shall be preserved.
C. Quality Trees
Quality Tree-is anyq:~akhy .... -ef-a :pre:c: ...........-~--m-~3a~ ,,o~+~+~
r~ .............. ~_~ 4mz-he~, but 4sqess4han-t~-
~. ......... ,~ ...~ ~^. --:,:~.,~a ....................... Trees that are removed nursuant
to an annroved tree removal permit shhll be mitigated as required bv Section 7:
D. Quality Tree ..... Slallda
olin-ye-foot 4merva~.- All-Quality Tree Stands, that are removed nursuant to an
annroved tree removal nermlt shall be
Preservation
A. AnyWith the excention of trees removed in 'accordance With the anneal nrocess in
-FlgglJ.OJl-.!L.~3~ tree designated as a Protected Tree or a Historic Tree shall be
. preserved2
~f dbh '
DRAFT Tm~z PRESERVATION ORDINANCE
Page~ 6f17
November 12, 2003
DRAFT TREE PRESERVATION ORDINANCE
-.7.
~-. Site Plans and/or Final Plats shall note the trees required to be preserved under this
bu ..... ~, ..~....-att~ successors and assigns e~ the c'a~:nt owner=--
Methods fomt the '^-~ * .......... '~^- '
.... ~ ................... :Imm 'of said "'~......~ may ..,v.~v~;--'"~ -
annroval shall be bound by the terms of this ordinance in effect at the time of such
~ap~roval(s);
Mitigation
A. For sinale family and duplex uses. Quality Trees and Ouali _ty Tree Stands may be
6-provided the cxcz:;-removal o is mitigated a~~-
methods identified in Table 2. -- - ' ' '
Trees and Oualitv Tree Stands may be removed nrovided the removal of 25% of such
trees is mitigated By one of the methods identified in Table 2. Ail nercenta~es in this
Subseetlon 6(Al shall be based on the initial tree survey. Upland Habitat Trees
nreserved nursuant to Subsection 35.i7.9 of the .Development Code. also known as
~ th~ Upland Habitat Development ~andards. shall be credited toward the mitigation
- reauirements specified in this Section 7 on an inch for inch basis based on the ratio
listed under Table 2. provided that such Upland Habitat Trees are ora sneeies listed in
Table 1 'and located on the same platted lot as the Ouality Trees removed for which
credit is bein~ ~iven. For examnle, if 150 inches of Unland Habitat Trees ora sneeies
listed in Table I are nreserved nursuant to Subsection 35.17.9. the annlieant for a tree
removal nermit shall be ~iven credit for miti~atin~ the removal of 100 inches of
B. Each replacement tree sh~ll be a minimum of 2". caliper measured 6" above grade and
at least 5' in height when planted.
D~.AFr Ta~: pREsERVATION ORDINANCE
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November 12, 2003
012295.00010:g215~5.0 ! FrZLSbE~
DRAFT Tm;E Pm;S mVATION oRDINANCE
Table 2~ Mitigation
(A) -(B) (C)
Method Description Restrictions
The cumulative total of all
Quality Trees 2" dbh or
greater removed in exiess A minimum of seventy-
1. Establishment and of the minimum five (75)percent of the
maintenance of new trees preservation requirement replacement trees shall be
at. the required ratio in contained in subsection 6 of a species,identified
Column B on-site. See shall be mitigated at a ~ Prctecte~ Trcc
ColumnB. ratio of 1:1.5 (every 1" e_~;~,;,,~, ..... illTable:l.
removed .requires 1.5"
towards mitigation).
The cumulative total of all
Quality Trees 2" dbh or See :',:~zecticn 29A
greater removed in excess
minimum of this
2. Plant new trees at the of · the minimum
8ec-tionseventv-five (75~
required ratio identified in preservation requirement nercent of the renlacement
Column B on.' Public contained in subsection-6
trees shall be of a snecies
Property. See Section99. shall 'be mitigated at a
identified in Table l.See
ratio of 1:1.5 (every 1"
removed requires 1.5" ~
towards mitigation).
3. Payment to the tree See sabseotqoa--l-0-°f this- See sabseet4oa--!-0-o]f thi~
mitigation ,fund. See
Section -!-011 ~ SeCtion 11 .' ' Section_J.L
........... on
~ of : this
4. Any combination of 8eeliomseventv-fiVe (755
Method 1, 2 and 3. nercent of the renlacement
trees shall be of a sneeies
identified in Table l.See
Sections 10 and 11.
Appeals
,~ An applicant may anneal the reauirements of Sections 6 and 7 to the Director of
Planning. The annlicant may anneal the decision of the Directoi' of Plannin~ to the
P]annina and Zonina Commission. The ann]i6ant may anneal the deei,qion of the
Plannina and Zonin~ Commission to the City Council. which appeal shall be
con,qidered an exhaustion of the annllcant's arlmlni~trative remedies. The annlicant
may anneal the decision of the City Council to District Court.
B~ Pm ~;~-* may appcal -he ,~,~ ............ -of this 4ubseetioa using 4he Zcr2ng -
anneal under this Section 8. any conditions of apProval necessary to mitigate the loss
DgArr TREE PRESERVATION ORDINANCE
Page.,g I~f 17
November 12, 2003
012295.00010:g215~5.0 I~
DP.A x Tm E PRESERVATION ORDINANCE
of the-g_Protected Tree(~,'- or Historic Tree may be imnosed_ orovided that (1 ] if
renlantin~ is the chosen mitigation method, the mitigation ratio shall not exceed 1:2.
· < .... W .... if payment into the tree fund pursuant to Section 11 is the
chosen mitigation method, the amount of money reauired'from the annlicant shall not
exceed the amounts nrovided for under Section 11 (sb), and shall be based solely on
the actual number of inches removed. Such conditions must be (il directly related to
the nreservation or reolacement of trees, (ii] consistent with the sr)irit and/or r~,,,:,,,.
this ordinance, and (iii] no greater in scone than is necessary to account for the loss of
such Protected and Historic Trees: however, such conditions are not limited to the
methods provided .in Table 2. '
........... Permmsmn to remove a Protected' Tree or Historic Tree under this Section
shall be granted if the annlicant demonstrates that pre.~ervation ~^~ ~:*:~*:~
...... a ~,~.~,~,of such a tree nrohibitS the~amnab~ development of the a~nlicant's
property.
Presfirvation Incentives
A..Tree Credits
.Protected Trees_ and Historic Trees that are preservedJoeyo~-tt~m:mmu,,' ' ---
r-~air~m6m~~.-i~4 shall be credited towards .landscape canopy
requirements at a i'atio nfl: 1.5.
2. All Quality Tree Stands without existing understory that are preserved bcycnd ~e
m ...... sm ,~,~ ....................... -m , ~,,,~ -t--shall be credited towards landscape
canopy requirements at a ratio of 1:1.55.
3. All Quality Tree Stands with existing understory that are preserved ~ tho-
.......... fl-m ..... 4--shall be credited towards landscape
canopy requirements at a ratio of 1:1.6.
4. Unless trees preserved are an integral part of the parking lot design, they will not
be credited towards parking lot canopy requirementS.
B. Parking Spaces
(12) f QU -~*~ -o~-simTrees
~'~r~ that ~ .... ~'~ v ........
For every twelve dbh o ality .... w~ ..........
parking space may be added to or subtracted from the required number of parking
spaces up to a fifteen (15) percent increase or decrease. Upon the approval of the
Director of Planning and Development, a waiver of up to thirty (30) percent may be
granted.
C. Parking Lot Design
DRaft TREE PRESERVATION ORDINANCE
Page -9 i~f 17
November 12, 2003
012295.00010 .......... ~
· DRAFT TR~; PRESERVATION oRDINANCE
10.
The Director of Planning and Development may allow parking lot design and parking
lot landscapi~ng requirements to vary from adopted standards to preserve existing
~..Healthv Trees. even if such trees~are not ora species listed in Table 1.
Replacement Planting Location
Mitigation of Oualitv Trees or Oualitv Tree Stand.q shall t~eoccur in the first,-best-aml-
........ r}, ....... followm~ order and in accordance With the terms b'elow:
A, &---T-r-eesOn-Site mitieation shall be the first ontion~ Exceot as provided for under
Section 7(Al for Unland Habitat Tree preservation, trees that are requ~ired to be
planted~ in compliance with other development regulations shall not be
cpunted for the purpose of satisfying the on,site mitigation requirements..
B. If an applicant' is able to demonstrate that ......... ~, ............ , .... -on-me mitigation
~ be achieved due to environmental or spatial constraints, the applicant may
request off-site alternatives on public property:, subject to the followin~ provisions:
1. :rq:eesExcent as provided for under Section 7(Al for Upland Habitat Tree
Ilxr, a~/~l,_llll~ that are required to be planted~ in compliance
with other development regulations shall not be counted for the purpose of
satisfying theoff-site altemative requirements.
2. Off-site alternatives shall also include maintenance and irrigation for a period 0f
not less than three (3) years. Secui'ity for the Cost of maintenance shall be in the
form of a cash bond, surety bond, or letter of credit.
3. UPon completion of the' three-year landscape est_ablishment period, the city shall
inspect the trees and determine whether ninety percent (90%) of the trees are
healthy and have a reasonable chance of surviving to maturity,. Upon such a
. finding, the City shall release the. currency, bond or letter of credit. In the absence
of such a findingl the Applicant shall be notified to replace any unhealthy or dead
trees. If the applicant does not take remedial steps to bring the property into
compliance, the City shall make demand for payment on the cash bond, surety
bond, or letter of credit. The City may use all legal remedies to enforce this
subchapter in addition to making demand qn the security provided herein.
' 4. Special consideration shall be given the applicant in the event trees are injured or
destroyed by natural disasters, including but not limited to tornadoes, straight-line
winds, ice storms, fire, floods, hall, or lightning strikes, or through he independent
actions of third parties.
C. If off-site mitigation cannot be achieved, payment shall be made to the Tree
subject to the provisions contained in Section 11.
Di~ TREE PRESERVATION ORDINANCE
Page-10 .!1~ 17
November 12, 2003
012295.00010 .......... ~
DRAFT TR~E PRESERVATION ORDINANCE
11.
'12.
Tree Fund
A. The City shall administer the tree fund. The funds shall be used to pUrchase, plant
and maintain trees on public property utilizing either city staff Or contract labur, to
acquire wooded property that remains in a naturalistic state in perpetuity, to perform
'~ and maintain a city wide tree inventory and to educate citizens and developers on the
benefits and valtte of trees.
B. The mount of money to be paid shall be based on the fair market value of materials
and labor at the time of planting and the maintenance and irrigation for a period of
three (3) years. The quantity of trees shall be calculated based on the number of 2" .
replacement_ trees required, to equal the iotal dbh of o*oe:~;n~n~*tffm~Oa~Jlx' Trees
ancl/o~ Oualitv Tree Stands removed in-e-x-c~ss ~-the mirAmum
r~ulremen~if=g~ at a ratio of 1:1.5.1.5. or (bi Protected Trees and Historic
Trees removed if renlaeed at any ratio not to exceed 1:2 if such trees are [o be
mitigated in whole or in hart by navment into the ;tree fund nursuant to the anneal
nrocess outlined in Section 8. The applicant, shall submit cost' estimates to the
CityDireetor ofplannln~ for approval.
C. Money ~ontributed to the Tree Fund shall be paid prior to the issuance of a Clearing
anal Grading Permit on all Commercial, Industrial or Multi-Family Residential
buildings, prior to final approval of a Gas Well Development Plat, and prior to filing a
Final Plat application for all Residential and NomResidential .Subdivisions.
Plan Submissions
A. Tree Inventory Plan. A tree inventory plan shall delineate site boundaries and Site
trees by type, Size (dbh) and/or canopy and species. An inventory map shall be
prepared by a registered landscape architect, urban forester, botanist, arborist or other
quolified professional and be submitted with a preliminary plat and/or building permit
application.
B. Tree Pr~servation/Replace/nent Plan. A tree preservation plan shall be submitted
before the approval of a final plat and/or building permit and shall contain sufficient
detail to show the following:
1.. The location of existing and proposed improvements;
2. The limits of Cleating and grading;.
3. The location, size, species and health of all existing trees to remain, including
tree credit calculations (canopy coverage) and methods proposed to comply
with tree protection requirements during construction;
4. The 'location of any and all permanent conservation easements, restrictive
covenants, or other such legal mechanism to allow for the long-term
conservation of any and all trees required to be preserved.
5. The location, size, species and health of'all existing trees i~roposed to be
removed, including calculations. (total dbh removed-in-e-x-eess-e-f m~2mum-
r-equieements) tO determine the replacement requirements;
6. Identification of all ~ ....~:.~,.~ c ..........
....... e, ...... , ~."o ........ ',Protected Trees and Historic
Trees; - - .
7. The location and dimensions of boundary lines.
DRAft TREE PRESERVATION ORDINANCE
Page 44- ~f 17
November 12, 2003
012295.00010 .......... 35?,J~uS~
DRAFT TREE PRESERVATION ORDINANCE
C. Simplified Survey.
~ 1. An aerial photo of the property showing the tree coverage may be used to
identify groups of trees that will be preserved if mitigation is not proposed.
2. Large tree stands (greater than~ 1,000 square feet), which will be mitigated,
may be inventoried by performing a detailed .study within a specified 100 foot
by 100 foot area. The study area shall be a.representati;ce sample of the entire
tree stand and must be approved by tlie city prior to performing tile survey.
' The survey shall indlude the size, species and health of all existing trees within
the area. The results of the survey will be applied to the total area of the tree
stand to determine the total dbh within the tree stand:.
3. If no Protected Trees, Historic Trees, Quality Trees or Quality Tree Stands
exist on the proPerty, a letter ~rom a qualified professional stating what does
exist on the property may be submitted in lieu of a survey,
D. The ~'~^^ m~ ' ' ·
~ may be combined on one docUment. '
13.
Tree Protection
A.~ Construction Plans shall .include necessary notes and 'details to ensure the viabil!ty
g~t_~l,~of Protected -T-res~,,Trees and Historic Trees, 3nc!_&ily._Quality
Trees ~and/or Quality Tree Stands ' including ~ ro0ts;-
B. A. All trees identified on the tree preservation plan to be preserved shall be protected
during construction. All tree protection measures shall be in place and approved prior
to the commencement of any-on-site construction. Protection measures such as
fencing shall be maintained at all times during construction.
C ~.-. Prior to development or redevelopment, the devel0p~r shall establish and maintain
a construction entrance that is not within the critical root zone of any ~
¢cctrees identified on the tree nreservation plan.
1~ C-~-. Material intended for the use in construction or waste materials accumulated due to
excavations Or demolition shall not be placed within the limits of the critical roo~
zone;
F,. D:-Equipment shall not be cleaned or other foreign materials deposited or allowed to
flow overland within the critical root zone of, a~otecaed-tr-ee ' '
the tree_nreservati°n plan. 'This includes without limitation, paint, oil, solvents,
asphalt, concrete, mortar or similar materials.
F. ~..-Signs, wires or other objects, other than those of a 'protective nature shall, not be
attached to any pmteet~--trq~trees identified On the tree nreservation nlan. However,
lighting of a decorative nature may be attached to ~*~*~a *~
a r ........... such trees. The
lighting shall be attached in a manner as not to damage the~.,,,~,~-~^'~*~ *-~,.~trees.
G. ¢..-Vehicular and or construction traffic or parking shall not take place within the
limits of the critical root zone of any para,ted trcctrees identified on the tree
DP.A~T Tar~ PRESERVATION ORDINAI~CE
Page 4~ ~ 17
November 12, 2003
012295.00010 .......... ~
I
14.
DRAFT Tm;E PRESERVATION ORDINANCE
~ other than on an existing paved surface. This restriction does not
apply to aCcess within the critical root zone for the purpose of clearing tmderbmsh,
which shall only be done by hand methods, Vehicular traffic necessary for routine
utility maintenance or emergency restoration of utility services or routine mowing
operations.
kl~ G:.-Grade ,changes shall be allowed within the limits of the'critical root'zond of any
~~trees identified on the tree preservation plan only upon approval by the
city. If approved,, major grade changes (i.e. four inches [4"] or greater) within the
critical rrot ·zone of a ~, ........ trcc~ will require additional measures to
· maintain proper oxygen and ,water exchange with the roots. Root pruning will be
required when disturbance will result in root exposure. Root pruning shall be
completed a mini_mum of two (2) weeks prior to any construction activity within the
critical root z~)ne of the ~ct:cted ~c~trees.
_L 14:'-No paving with asphalt, concrete or other imperVious materials shall occur within
- the critical root zone of a-protec4ed4r-eeanv trees identified on the tree nreservation
plan. _
J. g.-In those areas where a~meeted~ds ~ '
~ within 50 feet of a construction area, a protective fence, minimum of four
feet (4') in height, shall be erected and maintained outside the critical root zone of
each .proteetedsuch tree or-group o~txe, m. The protective fencing shall only be
required on the subject site, if the critical root zone extends onto an'adjacent property.
K. ~.-Boring 0f~utilities under
v ....... a~,ll,g trees identified on the tree nreservation plan
. shall be required in those circumstances where it is not possible to trench around the
critical root zone of a prctcztc~ trec~. When required, the length of the bore
· shall be 'the width of the critical root zone plus two feet (2') on either side of the
critical root zone and shall be at a minimum depth of 48 inches.
I.. K~.-Any physical damage to a tree preserved for credit that is considered to place the
survival of the tree in doubt shall be eliminated as a credited tree and will require
additional trees to be planted in its place at the required ratio.
M t=-. Where v ............ emoval of any trees identified on the tree nreservation plan· is
allowed through an exemption or by a tree removal permit, and the-root system is
intertwined with the ~~ trees identified on the tree nreservation nIan
that are intended to be saved, the tree shall be removdd by flush cutting with-the
natural level of the surrounding ground. Where stump removal is also desired, the
stump grinding shall be allowed, or upon approval of the City, a tgench may be cut
between the two trees·sufficient to cut the roots near the tree to be remoyed, thereby
a.llowing removal of the remaining stump without the destruction of the root system
of the saved tree.
Tree Planting Restrictions' ~
1. Overhead Lines: Any required replacement tree(s) shall not be planted within an area
(both vertically and horizontally) such that the mature canopy will be within ten feet
(10') of any overhead Utility lines.
Dan~T Ta~E PRESERVATION ORDINANCE
Page~--3~l~f.17
November 12, 2003
012295.00010:E21555.01!t215Matd~
15.
DRAFT Tm;E PRESERVATION .ORDINANCE
2. Underground Utilities: Any required replacement trees or street trees shall not be
planted within 5' of underground public utility lines, including water lines, sewer
lines, transmission lines, or other utilities. No.trees may be planted within I0' ora fire
hydrant.
3. Street Comers: N0t~ee shall be planted in the visibility triangle area, as'defined in
the Transportation Criteria Manual.
Definitions
Clear Cutting: The removal of. all of the trees or a significant majority of the trees
within an area.
Critical Root Zone (cRZ): The area of undisturbed natural soil around a ~ree defined by
~a Concentric circle with a radius equal to the distance from the trunk to the outermost
portion of the drip line but not less than one foot radius for each one inch dbh.
dbh: Diameter at breast height (dbh) is the tree trunk diameter measurgd in inches at a
height 0f four and one-half (4 ½) feet above existing ground level.
For single-trunk trees, the .width shall be measured at fo~ and one-half feet (4 ½ ')
above ground level.
For multi-trunk trees, combine the diameter 9f largest stem or trunk with one-half of
the diameter of each additional stem Or trunk, all measured at fourand one-half feet (4
1/2 ') above ~ound level.
Drip Line: A vertical line nm through the outermost portion of the canopy ora tree and
extended to the ground.
Heallhy Tree: A healthy tree is a tree thaf is vigorously growing and is free of stmcturai
problems such as hollows or voids, free of disease, or insect problems and has a root
system that is large enough to support its above ground mass.
Limits of Construction: Deli_neation on a graphic exhibit, Which shows the boundary of
the area within which all construction activity will occur.
Public Utilities: For the purposes of tree preservation provisions of the Denton
Development Code, the term, Public Utilities includes public sanitary sewers, public
water mains, public streets, public storm sewers, public detention ponds municipally-_
owned electric utilities, electric cooperatives, investor- owned electric utilities, telephone
companies, cable television companies, and other utilities defined under Texas l~w as ·
"public utilities," as well as any cont/'actor hired by these utilities.
Protective Fencing: Temporary chain link fence, wire fence, orange vinyl construction
fence, snow fencing or other similar fencing with a minimum four-foot (4') height,
Qualified Professional: A qualified professional is a person with a minimum of a
Bachelor of Science Degree in any of the following disciplines: Forestry, Horticulture,
Botany and/or Plant / Soil Science or, an Arborist that has been certified by the
International Society for Arboriculture, a Texas Certified Nursery Professional, a Texas
Master Certified Nursery Professional certified by the Texas Nursery and Landscape
Association or a Licensed Landscape Architect.
DP~r T~E PRESERVATION ORDINANCE
Page -1-4 ~17
November 1'2, 2003
PRESERVATION ORDINANCE
Quality Tree: · A Quality Tree is any healthy-tr~~ of a species identified
in the "Protected Tree Specie: Table"l that has a dbh that is greater than two (2)inches,
but is less than the minimum dbh identified that designates it as a Protected Tree.
Quality Tree Stand: A grouping or clustering of at least three (3) healthy Quality Trees
with' a two (2) inch dbh or greater in size, with or without understory, spaced at no greater
than an average of five-foot intervals.
Removal: Removal means an act that causes or may be reasonably expected to caus~ a
tree to die including uprooting; severing the main trunk, damaging the, root system and
excessive pruning.
Root Pruning: Shall mean to cut away, rempve, cut off or .cut back all or parts of the
root. All root pruning shall be in accordance with approved me~hods set forth in the
Na~tional Arbofist Association Standards.
Tree Protection Sign: A sign furnished by the City upon.approval of a tree survey or
tree permit that describes prohibited conduct detrimental to trees.
Understory: A grouping of natural low-level woody, herbaceous; or ground covers
species.
DRA~ TREE PRESERVATION 'ORDINANCE
Page J~5 ~17
November 12, 2003
012295.00010: ......... g21566.fll
DRAgT TREE PRESERVATION ORDINANCE
Anolication Criteria Manual Reauirements for a Tree Removal Permit
[Staffto insert roles into this attachment, prior to the passaee of this ordinanc¢,]
DWA~'r TR~E PRESERVATION ORDINANCE
Page 4-6 ~/' 17
November 12, 2003
012295.00010 .......... ~
Purpose and Intent
The purpose of these regulations is to promote the preservation of trees and existing tree
canopy, to protect trees during construction, to facilitate site design and construction that
contribute to the. long term viability of existing trees which improves, environmental
conditions, to comply with air and water qua!ity regulations, to increase property values,
and to develop a process to. control the removal of trees when necessary, it is the further
purpose of this ordinance.to achieve the following broader objectives:
A. Discourage the clear-cutting of property; . '
B. Maintain and enhance a positive image of the City;
C. Protect quality trees arid promot~ the ecological, environmental and aesthetic values
0fthe City;
D. Establish a Tree Fund for the preservation and replacement of trees;
E. Preserve Historic Trees; and
F. Provide for a permitting and enforcement procedure.
Applicability
A. Except as provided in subsection (C) below, this subchapter shall apply to:
~. Undeveloped land;
2. All'property to be.redeveloped including the addition of new gas wells, and
additions or exterior alterhtions that increase the impervious coverage of a platted
lot by more.than linsert a numberl square feet;
3. Right of way, streets, parks, and other public property under th~ jurisdicti0n of the
· City of Denton; and
'4. Protected Trees and Historic Trees that are pi'eserved and noted on a Site Plan
and/or Final Plat under Section 6(B) of this ordinance.
B. To the extent there is a conflict between this ordinance and any tree preservation
requirements for gas well development contained in any other ordinance of the City
of Denton, such other ordinances shall control over this ordinance.
C. The requirements for tree protection and replacement spegified in Sections 6 and 7 do
not apply to the following;
1: Ail developments for which a preliminary plat application 0r building permit
application has been:submitted as of the effective date of this ordinance;
2. Agricultural uses greater than ~two (2) acres subject to the.following res,trictions;
a. The aghcultural use shall be maintained for at least five (5) years.
012295.00010:821566.01
DI~IA.~ [ ['RM% J RESLRVA l ION ORDINANCE
e
b. 'In the event that the agricultural use is not maintained for five (5) years, the
requirements of this ordinance in effect at the time of tree removal shall
retroactively apply to the person who removes such trees. Any Quality Tree
removed beyond the amount permitted under Section'7 shall be mitigated at a
ratio of 1:3.
3. Property on. which construction of single-family or two-family residential
dwelling unit(s) and a final inspection by the Building Official have been
completed.
Trees located in the visibility triangle area, as define~ in the Transportation
Criteria Manual.
Public Utility Projects, including public streets, electric transmission lines,
drainage improvements and water and wastewater construction: For any project,
associated with a master plan, conducted by a public utility or a municipal owned
utility shall be exempt from tree replacement and tree protection requirements.
This does no[ exempt'site development projects. [Planning staff to clarify
lan~ua~el
6. Trees trimmed, cut, or removed by the Public Utilities Department if Such trees:
a. Interfere with or encroach upon the operations of the utilities; or
b. Create a safety issue for utility crews; or
c. Create a safety issue to the public.
City Landfill and Airport.
Nursery trees that are pianted~and growing on the premises of a Wholesale
Nursery that are intended for sale in the ordinary course of business.
9. Any tree determined to be diseased, dying or dead, by a qualified professional.
10. Any tree determined to be causing a danger or be in hazardous condition as a
result of a natural eventsuch as tornado, storm, flood ok other act of God that
endangers the public health, welfare or safety and requires immediate removal.
1 i. The clearing of understory necessary to perform boundary surveying o£ real
property or to conduct tree surveys or inventories, as long as the clearing for
surveying shall not exceed a width of two (2) feet for general survey (i.e. of
easement boundary, etc.) and eight (8) feet for survey of proPerty boundary lines,
provided that no tree having a ten (10) inch dbh or. greater shall be removed in any
manner during such boundary or general surveying without complying with the
tree protection and replacement requirements in Sections 6 and 7..
12. Capitol Improvement Projects awarded prior to the effective date of this
ordinance.
permit Required
No person, directly, or indirectly, shall cut down, remove move, or intentionally
destroy or damage any Quality Tree, Protected~ Tree, or Historic Tree without first
obtaining a tree removal permit and complying with all other provisions in this
ordinance.
][)RAFT TREE PRESERVATION ()RDIN~MNCE
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o embc 1,.2003
DI;tAFT I RlcE,[ .RL~_ LR~, A [ tON ORDIIN A, C[,
.4.
No grading shall take place on any undeveloped property that contains Quality
Trees, Protected Trees, or Historic'Trees without first obtaining a tree removal
'permit. ' '
Quality Trees may be removed With a tree re~oval permit.
Protected Trees and Historic Trees may be removed'if removal is authorized by
the appeal process outlined in Section 8 and a tree removal permit is obtained in
accordance with this ordinance.
Trees other .than Quality Trees, Protected Trees, and Historic Trees may be
removed without a tree removal permit.
Permit Review and APproval Process
1. Upon passage of this ordinance, the Director of Planning shall place in the
Applichtion. Criteria Manual all of the requirements for permitting and approval
, located in the attached Exhibit A.
2. A request for a tree r6moval permit shall be .submitted and approved 'prior to the
removal, of any Quality Tree, Quality Tree Stand, Protected Tree, or Historic Tree.
3. A complete application shall be submitted along w~th the application, fee. The fees
shall be established by City Council and published in the Application Criteria manual.
4. A Tree Inventory Plan and a Tree Replacement/Mitigation Plan mimt be submitted
- with the tree removal permit application. Such plans must contain the following
information [staff to insert prior-to passage of this ordinance[.
5. Tree removal permits issued in connection with a building permit or clearing and
grading permit shall be valid for the same period of time. Tree removal permits that
are not issued in connection with a building permit or clearing and grading permit are
valid for t80 days. ' -
6. After a tree removal permit is issued, the permit holder shall post a tree protection
sign, supplied by the City, at each entiance to the property and at any other location .
designated by the City.
7. Prior to the issuance of a tree removal permit, the Planning Director 6r his/her
representative may suggest to owners, developers, and builders non-substantive
' changes to Tree Replacement/Mitigation Plans _that will. provide the greatest
reasonable tree survival.
Tree Designations
A. Protected Trees
Protected Trees are Healthy Trees listed in Columns A and B of Table 1 with the
minimum dbh identified in Column C. Protected Trees shall be preserved.
[Prior to the passage of this ordinance, planning staff should work
with all sectors of the community to identify the species from the list
DRAF'I TREE PRESERVATIt-)N ORI)INANCE
'Page ol'14 3
November 12~ 211)03
0] 2295.00010:821566 0t
DRAFT TREEPR~,~'"SVLRVA"[IONORD[NAi' ' N~"CE
in Table 1 that should qualify for Protected Tree status and the size
at Which preservation should begin. All other 2"+ species from the
list below should retain Quality Tree status until they reach the dbh
listed in column C for that species,]
Table 1
Column
Column A Column B C
Common Name' Botanical Name DBH
Large Trees
Pecan Carya illinoinensis 20"
Black Hickory Carya texana 20"
Texas Ash Fraxinus texensis ' 20"
Black Walnut Juglans nigra 20"
Sweet Gum Liquidamber styraciflua 20"
Chinese Pistachio Pi~tacia chinensis 20"
Sawtooth Oak Quercus acutissirna 20"
Escarpment Live Oak Quercusfusiforrnis 20"
Lacy Oak Quercus glaucoides ' · 20"
Bur Oak Quercus macrocarpa 20"
Blackjack Oak Quercus marilandica - 20"
Chinquapin Oak Quercus rnuhlenbergii 20"
Water Oak Quercus nigra 20"
Shumard Oak Quercus shurnardii 20"
Post Oak Quercus stellata' 20'~ '
Texas Red Oak Quercus texana 20"
Live Oak Quercus virginiana :. 20"
Bald Cypress Taxodium distichurn 20"
Cedar Elm Ulmus crassifolia 20"
Lacebark Elm Ulmus parviflolia sernpervirens 20"
Slippery Elm Ulrnus rubra 20"
Medium Trees
Red Cedar ,luniperus virginiana 8"
Magnolia Magnolia grandiflora 8"
Afghan Pine Pinus eldarica 8"
Winged Elm Ulrnus alata 8"
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DRA~ ~ FREE II'RESERVATION ORDINANC[~
,Small Trees
Redbud Cercis canadensis varieties 6"
Texas Persimanon Diospyrus texana 6"
Possumhaw Holly Ilex deciduas 6"
Yaupon Holly ~ Ilex vOmitoria 6"
Crape Myrtle Lagerstroemia indica 6"
Wax Myrtle Myrica cerifera 6"
Mexican Plum Prunus rnexicana 6"
Eve's Necklace Sophora affinis 6"
· B. Historic Trees _
A Historic' Tree is a H6althy Tree that stands at a place where an event of historic
significance occurred that had local, regional, or national importance; or at the home
of a citizen who is famous on a local, regional, or national basis. A tree may also be
considered historic if it has taken on a legendary stature to the community; mentioned
in literature or documents of historic val3te; or considered unusual due to si~e [insert
a minimum size], age [insert a minimum a~el, or has landmark status. The Histori~
Landmark Commission will make recommendations for Historic Tree designations to
the Planning and Zoning Commission (which will conduct a public hearing and
include property owner notification) for ultimate approval by the City Council. Upon
designation, each tree shall be added tO a Historic Tree Registry map to be maintained
by rife Planning and Dex~elopment Department. ,A tree that is designated as a Historic
Tree shall be preserved.
'C. Quality'Trees
Quality Trees that are removed pursuant to an approved tree removal permit shall be
mitigated as required by Section 7.
' D;
Quality Tree Stands
Quality Tree Stands that are removed pursuant to an approved tree removal p¢rmit
shall be,mitigated as required by Section 7.
Preservation
A. With the exception of trees removed in accordance with the appeal process in Section
8, any tree designated as a Protected Tree or a Historic Tree shall be preserved.
B. Site Plans and/or Final Plats shall n0t6 the trees required to be preserved under this
Section 6. All successors'and assigns to the owner at the time of such Site Plan and/or '
Final Plat approval shall be bound by the terms of this ordinance in effect at the time
of such approval(s).
,Mitigation
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DR [~ F l REL [ RESERYAIION ORDINANCE
A. For single family and dUPlex uses, Quality Trees and Quality Tree Stands may be
removed provided the removal of 20% of such trees is mitigated by one of the
methods identified in Table 2. For multifamily and all non-residentiai uses, Quality-
Trees and Quality Tree Stands may be removed provided the removal of 25% of such
trees is mitigated by one of the methods identified in Table 2. All pementages in this
Subsection 6(A) shall be based on the initial tree survey. Upland Habitat Trees
preserved pursuant to Subsection 35.17.9 of the Development Code,~ also known as
the Upland Habitat Development Standards, shall be-credited toward the 'mitigation
requirements specified in this Section 7 on an inch for inch basis based on the ratio
listed under Table 2, provided that such Upland Habitat Trees are of a species listed
in Table 1 and located on the same platted lot as the Quality Trees removed for which
c~edit is being given. For ex ~ainple,'if 150 inches of Upland Habitat Trees ora species
listed in Table 1 are preserved pursuant to Subsection 35.17.9, the applicant for a tree
removal permit shall be given credit for mitigating the removal Of 100 inches of
Quality Trees.
B. Each replacement tree shall be a minimum ofT' caliper measured 6" above grade and
at least 5' in height when planted.
Table 2, Mitigation
(^) (B) (C)
Method Description Restrictions
The cumulative total of all
Quality Trees 2" dbh or
greater removed in ?xcess
1. Establishment and of the minimum A minimum of seventy-
maintenance of new trees preservation requirement five (75) percent of the
ai the required ratio in containsd in subsection 6 rePlacement trees shall be
Column B on-site. See shall be mitigated at ~a of a species identified in
ColumnB. : ratio of 1:1.5 (every 1" Table 1.
removed requires 1.5"
.towards mitigation).
The cumulative total of all
Quality Trees 2" dbh or
greater removed in excess
A minimum of seventy-
2. Plant new trees at the of ' the minimum
.five (75) percent of the
required ratio identified in preservation requirement replacement trees shall be
Column B on Public contained in subsection 6
of a species identified in
Property. See Section9. shall be mitigated at a
Table 1.See Section 10.
ratio of 1:1.5 (evei'y 1"
removed requires 1.5"
towards mitigation).
3. Payment to the tree
mitigation fund. See See Section i 1. See Section 11.
Section 11.
DRAFT 'FREE PRESERVA'i?ION ORDINANCI!;
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November 12.2003
012295.00010:821566 (~]
~DRA.FT TREE [PRESERVATION ORDINANCE
Any combination of
Method 1 ~ 2 and 3.
A minimum of seventy-
five (75) percent of the
replacement trees shall be
of a species identified in
Table 1.See, Sections 10
and 11.
Appeals
A. An applicant may appeal the requirements of Sections 6 and 7 to the Director Of
Planning.. The applicant may appeal the decision of the Director of Planning to the
planning and Zoning Commission. The applicant may appeal' the decision of the
Planning and Zoning Commission to the City Council, which appeal shall be'
considered an exhaustion of the _applicant's administrative remedies. The applicant
may appeal the decision of the City Council to District Court.
B. In approving an appeal under this Section 8, any conditions of approval necessary to
mitigate the loss of a Protected Tree or Historic Tree may be imposed, provided that
(1) if replanting is the chosen mitigation method, the mitigation ratio shall not exceed
- .1:2, and (2) if payment into the tree fund .pursuant to Section 11 is the chosen
mitigation method, the amotmt of mOney required from the applicant shall not exceed
the amounts provided for under Section 1 l(b), and shall be based solely on the actual
number of inches removed. Such conditions must be (i) directly related to the
preservation or replacement of trees, (ii) consistent with the spirit and intent of this
Ordinance, and (iii) no greater in scope than is necessary, to account for the loss of
such Protected and Historic Trees; however, such conditions :are not limited to the
methods provided in Table 2.
C: Permission to remove a Protected Tree or Historic Tree under this Section shall be
granted if the applicant demonstrates that preservation of such a tree prohibits the
reasonable development of the applicant's property.
Preservation Incentives
A. Tree Credits
1. All individual Quality Trees, Protected Trees, and Histori~ Trees that are
preserved shall be credited towards landscape canopy requirements at a ratio of
1:1.5..
2. 3all Quality '/'ree Stands without existing understory that are preserved shall be
credited towards landscape canopy requirements at a ratio of 1:1.55.
3. All Quahty Tree Stands with existing understory that are preserved shall be
credited towards land~cape canopy requirements at a ratio of 1:1.6.
4. Unless trees preserved arean integral part of the parking 10t design, they will not
be credited towards parking lot canopy requirements~
B. Parking Spaces
For every twelve (12) dbh Of Quality Trees that are preserved;one (1) parking space
may be added to or subtracted from the required number of parking spaces up to a
DRAFT TREE PRESERVATION ORDINANCE
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November 12.2003
0] 2295.00(110:821566.01
10.
DRA]4 I. TREE ~ R.ESERVA I: 1ON ORDINAN(.E
fifteen (15) percent increase or decreaSel Upon the approval of the Director of
planning and Development, a waiver of up to thirty (30) percent may be granted.
C.' Parking Lot Design
The Director of Planning and Development may allow parking lot de, sign and parking
lot landscaping requirements to vary .t5om adopted standards to preserve existing
Healthy Trees, even if such trees are not of a species listed in Table 1.
Replacement Planting Location
Mitigation of Quality Trees or Quality Tree Stands shall 6dour in the following Order and
in accordm~ce With the terms below:
A. On-Site mitigation shall be the first option. Except as provided for under Section
7(A) for Upland Habitat Tree preservation, trees that are required to be planted or
maintained in compliance with other development regulations shall not be counted roi:
the purpose of satisfying the on-site mitigation requirements.
B. If an applicant is able to demonstrate that on-site mitigation cannot be achieved duc to
environmental or spatial- constraints, the applicant may request off-site alternatives on
public property, subject to the following provisions:
1. Except as provided for under Secti6n 7(A) for Upland Habitat Tree preservation,
- trees that are required to be planted or maintained in compliance with other
development regulations shall not be counted for the purpose of satisfying the off-
site alternative requirements.
2. Off-site alternatives shall als0 include maintenance and irrigation for a period of
not less than three (3) years. Security for the e6st of maintenance shall be in the
form of a cash bond, surety bond, or letter of credit.
3. Upon completion of the three-year, landscape establishment period, the city shall
inspect the trees and determine whether ninety percent (90%) of the trees are
healthy and .have a reasonable chance of surviving to maturity. Upon such a
f'mding, the City shall release the cUrrency, bond or letter of credit. In the absence
of. such a finding, ghe Applicant shall be notified to replace any unhealthy' or'dead
trees. If the applicant does not'take remedial 'steps to bring the property into
compliance, the City shall make demand for payment on the cash bond, surety
bond, or letter of credit. The City may use all legal remedies to enforce this
subchapter in addition to making demand on the securify provided herein.
4. Special consideration shall be g~ven the applicant in the event trees are injured or .
destroyed by natural disasters, including but not limited to tornadoes, straight-line-
winds, ice storms, fire, floods, hail, or lightning strikes, or through he independent
actions of third parties.
C~ If off-site mitigation cannot be achieved, payment ~shall be made to the Tree Fund,
subject to the provisions contained.in Section i 1.
DRAF'I ;FREE ]{:~RESEIIVATION ORDINANCE
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November 12.2/)03
012295.(J(J(t [[):821566.~ I
11.
12,
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TM ;" ' ' ~' ~
.... ~ R~SLR'¥A I ION ORDINANCE
Tree Fund
A. The City shall administer the tree fund.
The funds shall be used to purchase, plant
and maintain trees on public property utilizing either city staff or contract labor, to
acquire wooded property that remains in a naturalistic state in perpetuity, to perform
and maintain a city wide tree inventory and to educate citizens and developers on the .
benefits and value of trees.
B. The mount of money to be paid shall be based On the fair market Value of materials
and labor at the time of plantihg and the maintenance and irrigation for a period of
three (3) years. The quantity of trees shall be calculated based On the number of 2"
replacement trees required to equal the total dbh of (a) Quality Trees and Quality Tree
Stands removed if replaced at a ratio of 1:1.5, or Co) Protected Trees and Historic
.. Trees removed if. replaced at any ratio not to exceed 1:2 if such trees are to be
mitigated in whole or in part by payment into the tree fund pursuant to the appeal
process outlined in Section 8. The' applicant shall submit cost estimates to the
Director of Planning for approval.
C. Money contributed to the Tree' Fund shall be paid pridr to the.issuance o~' a cleating
and Grading Permit on all Commercial, Industrial, or .Multi-Family Residential
buildings, prior to final approval oi~ a Gas Well Development Plat, and prior to filing
a Final Plat application for all Residential and Non-Residential Subdivisions.
Plan Submissions :
A. Tree Inventory Plan. A tree inventory plan shall delineate site boundaries and site
trees by type, size (dbh) and/or canopy and species. An inventory map shall be
prepared by a registered landscape architect, urban forester, botanist, arborist or other
qualified Professional and be submitted with~a pr_eliminary plat and/or building permit
application.
B. Tree Preservation/Replacement Plan. A tree preservation plan shall be submitted
before the approval of a final plat and/or building permit and shall contain sufficient
detail to show the following:
1. The location of existing and proposed improvements;
2. The limits of clearing and grading;
3. The location, size, species and health of all existing trees to remain, including
tree credit calculations (canopy coverage)and methods proposed .to comply
with tree protection requirements during construction;
4. The location of any and all permanent conservation' easements, restrictive
covenants, or other such legal mechanism to allow for the long-term
conservation of any~ ad all trees required to be preserved.
5. The location, size, ~pecie~ and health of all existing trees proposed to' be
removed, including calculations (total dbh removed) to determine the-
replacement requirements;
6. Identification of all Protected Trees and Historic Trees;
7. The location and dimensions of boundary lines.
C. Simplifigd Survey.
DRAIrl TREE PRESERVATION ORDINANCE
Page of14 9
November 1_.
012295.00010:821566.01
DRAI~I [ REIs ][ R~SERVAI ION ORDINANCE
1. An aerial photo of the properly'showing the tree coverage may bi used to
identify groups of trees that will be preserved if mitigation is not proposed.
2. Large tree stands (greater than .1,000 square feet), which will be mitigated,
may be inventoried by performing a detailed study within a specified 100 foot
by 100 foot area. The study area shall be a representative sample of the entire
tree stand and must be approved by the City prior to performing the survey.
The survey shall include the size, species and health of all existing trees
within the area. The results of the survey wlll be applied to the total area of
the tree stand to determine the total dbh within the tree stand.
3. If no Protected Trees, Historic Trees, Quality Trees or Quality Tree Stands
exist on the property, a letter from a qualified professional stating what does
exist on.the property maybe submitted.in lieu of a survey.
D. The tree inventory plan and the ~ree preservation plan may be combined on one
document.
13.
Tree Protection
C~nstruction Pians shall include necessary notes and details tr) ensure the viability
during construction of Protected Trees and Historic Trees,' and any Quality Trees.
and/or Quality Tree Stands voluntarily preserved, including the roots of all such trees.
B. All trees identified on the tree preserVation plan to be preserVed shall be protected
during construction. All tree protection measures shall be in place and approved prior
. to the commencement of any on-site construction. Protection measures such as
fencing.shall be maintained at all times during construction.
C. Prior to development or redevelopment, the developer shall establish and maintain a
construction entrance that is not within the critical root zone of any trees identified on
the tree preservation plan.
.Material intended for the use in construction or waste materials accumulated due to
excavations or demolition shall not be placed within the limits of the critical root
, zone.
E. Equipment shall not be cleaned or other foreign materials deposited or allowed to
flow overland within the critical root zone of any trees ~dentified on the tree
preservation plan. This includes without limitation, paint, oil, solvents, asphalt,
concrete, mortar or similar materials.
F. Signs, wires or other Objects, other than those of a protective nature shall not be
atta.ched to any trees identified on the tree preservation plan. However, lighting of a
deco[ative nature may be attached.to such trees. The lighting shall be attached in a
manner as not to damage the trees.
G. Vehicular and or construction traffic or parking shall not take place within the limits
of the critical root zone of any trees identified onthe tree preservation plan other than
on an existing paved surface. This restriction does not apply to access within the
critical root zone for the purpose of clearing underbrush, which shall only be done by
DR.&F'[ 'I~REE PRESISI/A?ATtON ORDINANCE
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November 12.2003
li12295.00010:821566.01
14.
.DRAFT TREE [~RE~S ERVA 1 ' ION~ ORDINANC~
hand methods, vehicular 'traffic necessary for routine iltiiity maintenance or
· emergency restoration of utility services or routine mowing operations.
H. Grade changes shall be allowed within the limits of the critical root zone of any trees
identified on the tree preservation plan 0nly Upon approval by the city. If approved,
major grade changes (i.e. four inches [4"] or greater) within the critical root zone of
such trees will require additional measures to maintain proper oxygen' and water
exchange with the roots. Root pruning will be required when disturbance will result
-in root exposure. Root pruning shall be completed a minimum of two (2) weeks prior
to any construction activity within the critical root zone of the tre~es.
I. No paving with asphalt, Concrete or Other impervious materials shall occur within the
critical root zone of any trees identified on the tree preservation plhn.
J. In those areas where any trees identified on the tree preservation plan are WithTn 50
feet of a construction area, a protective fence, minimum of four feet (4') in height,
shall be erected and maintained outside the critical root,zone of' each such tree or
group of trees. The protective fencing shall only be required on the subject site, if the
critical root zone extends onto an adjacent property.
K. Bbring of utilities under any trees identified on the tree preserVation plan shall be
required in those circumstafices wh~re it is .not possible to trench around the critical·
root zone of such trees. When required, the length of the bore shall be the width· of
the critical root zone plus two feet (2') on either side of the critical root zone and shall
be at a minimum depth of 48 inches.
L. Any physical damage to a tree Preserved for credit that is considered to place the
survival of the tree in doubt shall be' eliminated as a credited tree and will require
additional trees to be planted' in its place at the required ratio.
M. Where removal of any trees identified on the tree preserVation plan, is allowed
through an exemption or by a tree removal permit, and the root system is intertwined
with the remaining trees identified on the tree preservation plan that are intended to
be saved, the ~'ee shall be removed by flush cutting with the natural level of the
surrounding ground. Where stump remoual is also desired, the stump grinding shall
be allowed, or upon approval of the City, a trench may be cut between the two trees
sufficient to cut the roots near the tree to be removed, thereby allowing removal of the
remaining stump without the destruction of the root system of the saved tree.
Tree Planting Restrictions .
1: Overhead Lines: Any required replacement tree(sj shall not be planted within an area
(both vertically, and horizontally) such that the mature canopy will be within ten feet
(10') o£ any overhead utility lines.
2. Underground Utilities: Any required replacement trees or street trees shall not be
planted within 5' of underground public utility lines, including water lines, sewer
lines, transmission lines, or other utilities. No trees may be planted within 10' of a fire
hydrant.
DRAF I 'l~ [{El': PRE,_'ER¥'ATION ORDINANCE
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J)RA~I ] RLE i RESERYA 1 ION (}Ri)INANCE
3. Street Comers: No tree Shall be planted in the visibiiity triangle area, as defined in
the Transportation Criteria Manual.
Definitions
Clear Cutting: 'The removal of all of the trees or a
within an area.
s~gnificant majority of the trees
Critical Root Zone (CRZ): The area ofmadisturbed natural soil around-a tree defined
by a concentric circle with a radius equal to the distance from the trunk to the Outermost
portion of the drip line but not less than one foot radius for each one inch dbh.
dbh: Diameter at breast height (dbh) is the tree trunk diameter measm:ed in inches at a
height of four and one-half(4 ½) feet above existing ground level.
For single-think trees, the width .shall be measured at fouffa~d one-half feet (4 IA ')
above ground level.
For multi-trunk trees, combine the diameter of largest stem or trunk with one-half of
the diameter of each additional stem or think, all measured at four and one-half feet
(4 ½ ') above groUnd level.
Drip Line: A vertical line run through the outermost portion of the canopy of a tree and
extended to the ground.
Healthy Tree: A healthy tree is a tree that is vigorously growing and is free of structural
problems such as hollows or voids, free of disease, or insect problems ~and has a root
system that is large enough to support its above ground mass.
Limits of Construction: ' Delineation on a graphic exhibit, which shows the boUndary of
the area within which all construction activity will occur.
Public Utilities: For the pUrPoses of tree preservation' provisions of the Denton
Development Code, the term, Public Utilities includes public sanitary sewers, public
water mains, public' streets, ptiblic storm sewers, public detention ponds municipally-
owned electric utilities, electric cooperatives, investor- owned electric utilities, telephone
companiesi cable television companies, and other utilities defined under Texas .law as
,'public utilities," as well as any contractor hired by these utilities.
Protective Fencing: Temporary chain link fence, wire fence, orange vinyl construction
fence, snow fencing or other similar fencing with a minimum four-foot (4') height.
Qualified Pi'ofessional: A qualified professional is a person with a minimum of a
Bachelor of Science Degree in any of,the following disciplines: Forestry, Horticulture,
Botany and/or Plant / Soil Science or, an Arborist that has been certified by the
International Society for Arboriculture, a Texas Certified Nursery Professional, a Texas
Master Certified Nursery Professional certified by the Texas Nursery and Landscape
Association or a Licensed Landscape Architect.
Quality Tree: A Quality Tree is any Healthy Tree of a species identified in Table 1 that
has a dbh that is greater than two (2).inches, but is less than the minimum dbh identified
that designates it as a Protected Tree.
I)RAFT TREE PREsERvATION ORDINANCE
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DRA.FT~' ~' rS~'''~ V '" ' " '
]REE PRL~_LR A! I. ON ORDINAN£E
Quality Tree Stand: A grouping or clustering of at least three (3) healthy Quality Trees
with a two (2) inch dbh or greater in size, with or without understory, spatted at no greater
than an average of five-foot intervals.
Removal: Removal means an act that causes or may be reasonably expected to cause a
tree to die including uprooting, severing the ma'm tnmk, damaging the root system and
excessive prunifig.
Root Pruning: Shall mean to cut away, remove, cut off or cut back all or parts of the
root.. All root pruning shall be in accordance with approved methods set forth in the
National Arborist Association Standards.
Tree Protection Sign: A sign furnished by the City upon approval of a tree survey or
tree permit that describes prohibited conduct detrimental to trees.
Understory: A grouping of natural low-level woody, herbaceous, or ground covers
species.
DRAF[ TREE PRESERVAI'ION ORI)INANCE
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012295.000 t0:821566(11
DRAI~ I I REEl RESI;RYA1 ION ORi)INANCE
' Exhibit "A"
Application Criteria Manual R6quirements for a Tree Removal Permit
IStaff to insert rules into this aRachment prior to the passage of-this ordinance.]
[ RAI'T [ 1~.~1! PRESI! R A lION ORDINANCE
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November t2.2003
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