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HomeMy WebLinkAboutMay 4, 2004 Agenda AGENDA CITY OF DENTON CITY COUNCIL May 4, 2004 After determining that a quorum is presem, the City Council will convene in a Special Called Meeting of the City of Demon City Council on Tuesday, May 4, 2004 at 11:00 a.m. in the City Council Chambers of City Hall, 215 E. McKinney, Demon, Texas at which the following item will be considered: Consider adoption of an ordinance authorizing the issuance, sale and delivery of City of Demon Certificates of Obligation Bonds, Series 2004, approving and authorizing instruments and procedures relating thereto; and providing an effective date. Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of Demon General Obligation Refunding Bonds, Series 2004, and approving and authorizing instruments and procedures relating thereto; and providing an effective date. 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 CITY OF DENTON CITY COUNCIL May 4, 2004 After determining that a quorum is presem, the City Council of the City of DeNon, Texas will convene in a Work Session on Tuesday, May 4, 2004 at 5:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of May 4, 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: mo Deliberations regarding real property - Under Texas Governmem Code §551.072 and Consultation with the City's Attorneys - Under Texas Government Code §551.071. Discuss and deliberate the potential value of and the sale or lease or other disposition of numerous tracts of certain real property and appurtenances, thereto, consisting of street right-of-way all owned by the City of Denton, Texas, being situated throughout the City of Denton, Texas; relating to fiber optic operations both inside and outside the city limits of the City of Denton, Texas and the receipt of legal advice from the City's attorneys on matters in which their professional responsibility to the City Council regarding real estate matters requires private legal consultation. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION"). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. 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, May 4, 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: City of DeNon City Council Agenda May 4, 2004 Page 2 1. PLEDGE OF ALLEGIANCE 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. Recognition of staff accomplishments 3. CITIZENS REPORTS Receive citizen reports from the following: 1. Christopher Largen regarding concerns 3. 4. 5. 6. about solicitors and itineram merchams ordinance. Aron Frydberg regarding the sign ordinance. Peternia Washington regarding issues pertaining to Southeast Demon. Willie Hudspeth regarding minority hiring and the tree ordinance. Dessie Goodson regarding responsibility. Linnie McAdams regarding Denia area neighborhood. 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-N). 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, Consem Agenda items A-N 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. A. Consider approval of the minutes of April 2, 6, and 13, 2004. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of trucking services for the City of Denton Street Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3157 -Annual Comract for Trucking Services awarded to Jagoe-Public Company in the estimated amoum of $56,000). Consider adoption of an ordinance approving the purchase of job order contracting by way of an interlocal Agreement with Denton County: providing for the expenditure of funds therefor: and providing an effective date (File 3166 - City of DeNon City Council Agenda May 4, 2004 Page 3 Interlocal Agreement for Job Order Contracting with Denton County, contract awarded to Jamail Construction in the annual estimated amoum of $150,000). Do Consider adoption of an ordinance awarding a comract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a service truck with aerial device as awarded by the State of Texas Building and Procuremem Commission comract TXMAS-3-23010; providing for the expenditure of funds therefor; and providing an effective date (File 3167 - Service Truck with Aerial Device awarded to Altec industries, inc. in the amoum of $82,000). mo Consider approval of a resolution by the City of DeNon, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Developmem a 2004 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Developmem Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended; and providing for an effective date. Fo Consider adoption of an ordinance of the City of DeNon, Texas establishing one- way traffic on portions of Locust Street and Elm Street; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. Go Consider adoption of an ordinance of the City of DeNon, Texas rescinding portion of certain no parking ordinances regulating parking on Locust Street and Elm Street; prohibiting parking at any time on certain portions of Elm Street and Locust Street; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. Ho Consider adoption of an ordinance on second reading to volumarily annex 35.43 acres of land generally located north of Pockrus Page Road, west of Swisher Road, and south of Edwards Road in the southeastern section of the City of DeMon's Extraterritorial Jurisdiction (ETJ). (The Planning and Zoning Commission recommends approval 6-0). Supermajority vote required for approval. (Villages of Carmel, A03-0002) Consider adoption of an ordinance on second reading to volumarily annex 19.51 acres of land generally located north of Pockrus Page Road, east of Mayhill Road, and south of Edwards Road in the southeastern section of the City of Denton's Extraterritorial Jurisdiction (ETJ). (The Planning and Zoning Commission recommends approval 6-0). Supermajority vote required for approval. (Flowers Baking Company, A 03-0003) Jo Consider adoption of an ordinance abandoning and vacating all rights retained in certain real property described in that certain quit claim deed dated November 22, 1977 from the City of Denton to the First Methodist Church of Denton, Texas recorded in Volume 864, Page 932 of the Real Property Records of DeNon County, Texas; and providing an effective date. City of Denton City Council Agenda May 4, 2004 Page 4 Consider approval of tax refunds for the following property taxes: Tax Name Reason Amount Year S~-¢ ~ D~Pl~at~ Payment ~00 58 68 2. Countrywide Tax Services Duplicate Payment 2003 858.29 4. First American R E Tax Se~ice Duplicate Payment 2003 766.77 5 S~ aa ~l~ eat~ Payment 2003 ~ 6. Wells Fargo Duplicate Payment 2003 742.40 ea Consider adoption of an ordinance of the City Council of the City of Denton, Texas approving a further amendment to the contract for Water Treatment and Transmission Services - dated July 21, 1992, which contract was executed by and between the City of Denton, Texas and the Upper Trinity Regional Water District respecting the sale of water on a wholesale basis to Sanger, Texas; which amended contract pertains to the sale of water on a wholesale basis from the City of Denton, Texas to the Upper Trinity Regional Water District for an interim period of time for the resale and delivery thereof to the City of Krum, Texas and for the participation of the City of Denton, Texas in the Krum transmission line to be constructed by Upper Trinity Regional Water District; authorizing the City Manager to execute said amendment to contract for water treatment and transmission services; authorizing the execution by the City Manager of any and all ancillary and further documents necessary to effect the terms of this ordinance; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (6-0). Consider granting an exaction variance of Section 35.20.2 (H.1.) of the Code of Ordinance concerning easements and right of ways. The 0.58-acre parcel is located between Bernard Street and I.O.O.F Street, south of Highland Street. The property is in a Neighborhood Residential (NR-2) zoning district. A single-family residence currently exists. Multifamily is proposed. The Planning and Zoning Commission recommends approval of the variance (6-0). (Ivy Commons ROW,, V04-0009) Consider adoption of an ordinance approving an amendment to Recreation Program Agreement between the City of Denton, Texas and Robson Denton Development, LP dated November 4, 2003; and providing an effective date. 5. PUBLIC HEARINGS Hold the first of two public hearings to consider the voluntary annexation and service plan for approximately 63.32 acres of land generally located west of Swisher Road, north of Edwards Road in the eastern section of the City of Denton Extraterritorial Jurisdiction (ETJ). (Longhorn Development Annexation, A04- 000~) City of DeNon City Council Agenda May 4, 2004 Page 5 Bo Hold a public hearing and consider adoption of an ordinance providing for approval of a Detailed Plan for Planned Developmem 132 (PD-132). The approximately 229.1 acres of land located on the east side of Swisher Road, approximately 900 feet north of Chaparral Court. Residential and retail lots are proposed. (The Planning and Zoning Commission recommends approval 6-0). (Z03-0033, The Preserve at Pecan Creek) Co Hold a public hearing and consider adoption of an ordinance zoning approximately 19.51 acres of land to a Regional Center Commercial Downtown (RCC-D) zoning district. The site is generally located north of Pockrus Page Road, east of Mayhill Road, and south of Edwards Road. (The Planning and Zoning Commission recommends approval 6-0). (Flowers Baking Company, Z04-0012) Do Hold a public hearing and consider adoption of an ordinance zoning approximately 35.43 acres of land to the Neighborhood Residemial 6 (NR-6) and Neighborhood Residemial Mixed Use (NRMU) zoning districts. The site is generally located north of Pockrus Page Road, west of Swisher Road, and south of Edwards Road. (The Planning and Zoning Commission recommends approval 6-0). (l/illages of Carmel, ZO4-OO1D mo Hold a public hearing and consider adoption of an ordinance rezoning approximately 11.7 acres from Neighborhood Residemial 3 (NR-3) zoning district to Neighborhood Residemial 6 (NR-6) zoning district. The site is located on the south side of Edwards Road, approximately 900 feet north of Pockrus Page Road and approximately 1,500 feet west of Swisher Road. (The Planning and Zoning Commission recommends approval 6-0). (Z04-0014, l/illages of Carmel) Fo Cominue a public hearing and consider adoption of an ordinance regarding a Specific Use Permit for a drive-through facility. The approximately 0.72 acre property is in a Neighborhood Residemial Mixed Use (NRMU) zoning district and is generally located on the east side of Lillian Miller Parkway, approximately 170 feet north of Wind River Lane and approximately 100 feet west of Lake Fork Circle. The Planning and Zoning Commission recommends denial (5-1). Supermajority vote required for approval. (Z04-0007, Dry Clean Super Center) 6. ITEMS FOR INDIVIDUAL CONSIDERATION mo Consider adoption of an ordinance of the City Council of the City of DeNon, Texas approving an agreement for construction services for the renovation of the City of DeNon Civic Cemer and Emily Fowler Library between the City of Denton and C.R. Reynolds, Inc. based on the competitive sealed proposal method of procuremem; providing for the expenditure of funds therefor; and providing an effective date (RFCSP 3148 - Renovation of Civic Cemer and Emily Fowler Library awarded to C.R. Reynolds, Inc. in the amoum of $2,634,637.50). City of DeNon City Council Agenda May 4, 2004 Page 6 Consider adoption of an ordinance authorizing the City Manager to execute Change Order Two to the contract between the City of Denton and Booziotis and Company Architects; providing for the expenditure of funds therefor; and providing an effective date (Ordinance No. 2003-303; RFSP 3030 -Architectural Services for Renovation of Civic Cemer and Emily Fowler Library awarded to Booziotis and Company Architects in the amoum of $184,190, Change Order One in the amoum of $16,875 and Change Order Two in the amoum of $97,830 for a total amoum of $298,895). Consider approval of a resolution of the City Council of the City of DeNon, Texas encouraging residents of the City of Denton to vote in the upcoming Denton County Bond Election on May 15, 2004; and providing an effective date. D. Consider nominations/appoimmems to the City's Boards and Commissions. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 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 DeNon, 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 DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET May 4, 2004 Fiscal Operations Kathy DuBose ~ SUBJECT Consider adoption of an ordinance authorizing the issuance, sale and delivery of City of DeNon Certificates of Obligation Bonds, Series 2004, approving and authorizing instruments and procedures relating thereto; and providing an effective date. BACKGROUND On May 4, 2004, David Medanich of First Southwest Company and Ted Brizzolara III of McCall, Parkhurst and Horton, will deliver the bid regarding the City of DeMon's Certificates of Obligation Bonds, Series 2004. The Bonds will provide funding of $13,874,000 (plus costs of issuance) for the following projects and improvemems: 1,310,000 1,240,000 2,800,000 5,639,000 1,185,000 1,000,000 700,000 Civic Center Emily Fowler Library Public Safety Streets and Transportation Solid Waste Technology Services Airport Improvements PRIOR ACTION/REVIEW (Council, Boards, Commissions) All of these projects were approved in the 2004-2008 Capital Improvemem Program. FISCAL INFORMATION The Certificates of Obligation Bonds will have an estimated average annual debt services requiremem of approximately $1,100,000. This amoum has been included in the budget process. Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations ORDINANCE NO. 2004- · AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 2004; APPROVING AND AUTItDRIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. THE STATE OF TEXAS : COUNTY OF DENTON : CITY OF DENTON : WHEREAS, the Certificate of ObIigafion Act of 1971, Section 271(c) of the Texas Local Government Code, as mended (the "Act") permits the City to issue and sell for cash the Certificates of Obligation hereinafter authorized; and WHEREAS, the City has duly caused notice of its intention to issue the Certificates of Obligation hereinafter authorized to be published at the times and in the manner required by the Act and no petition has been filed protesting the issuance thereof, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON It~EREBY ORDAINS: Section 1. AMOUNT AND PURPOSE OF THE CERTIFICATES. The certificate or certificates of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $13,945,000, for the purpose of paying all or a portion of the City's contractual obligations incurred pursuant to contracts for the purchase of certain real and personal property, to-wit: (a) road and street improvements, including FM 2181, Spencer Road, State School Road and miscellaneous paving projects; (b) construction and equipping of a pubhc safety training facihty on Bonnie Brae Road; (c) improvement and equipping of the Emily Fowler Library; (d) improvement and equipping of the Civic Center; (e) improvements and equipment at the Denton Municipal Airport; (f) expansion and equipping of the Denton City Jail; (g) computer and technology equipment and upgrades for the City's information technology and communication systems; and (h) improvements to the City's solid waste disposal system and acquisition of related equipment; and also for the purpose of paying ali or a portion of the City's contractual obligations for professional services, including engineers, architects, attorneys, map makers, auditors, and financial advisors, in connection with said Certificates of Obligation. Section 2. DESIGNATION OF THE CERTIFICATES. Each certificate issued pursuant to this Ordinance shall be designated: "CITY OF DENTON CERTIFICATE OF OBLIGATION, SERIES 2004", and initially there shall be issued, sold, and delivered hereunder a single fully registered certificate, without interest coupons, payable in installments of principal (the "Initial Certificate"), but the Initial Certificate may be assigned and transferred and/or converted into and exchanged for a tike aggregate principal amount of fully registered certificates, without interest coupons, having serial maturities, and in the denomination or denominations of $5,000 or any integral multiple of $5,000, all in the manner hereinafter provided. The term "Certificates" as used in this Ordinance shall mean and include collectively the Initial Certificate and all substitute certificates exchanged therefor, as well as all other substitute certificates and replacement certificates issued pursuant hereto, and the term "Certificates" shall mean any of the Certificates. BRIZ: 0705.06 l'~DENTON-CO\4-22-2004-CO-Ordinance April 22, 2004 Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL REGISTERED OWNER, AND CHARACTERiSTICS OF THE INITIAL CERT~ICATE. (a) The Initial Certificate is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Certificate, without interest coupons, dated May I, 2004, in the denomination and aggregate principal amount of $13,945,000, numbered R-l, payable in annual installments of principal to the initial registered owner thereof, to-Mt: RBC DAIN RAUSHER INC. or to the registered assignee or assignees of said Certificate or any portion or portions thereof (in each case, the "registered owner"), with the annual installments of principal of the Initial Certificate to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL CERTIFICATE set forth in this Ordinance. (b) The Initial Certificate (i) may be assigned and transferred, (ii) may be converted and exchanged for other Certificates, (iii) shall have the characteristics, and (iv) shall be signed and sealed, and the principal of and interest on the InitiaI Certificate shall be payable, all as provided, and in the manner required or indicated, in the FORM OF INITIAL CERTIFICATE set forth in this Ordinance. Section 4. INTEREST. The unpaid principal balance of the Initial Certificate shall bear interest from the date of the Initial Certificate to the respective scheduled due dates of the installments of principal of the Initial Certificate, and sa/d interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM OF INITIAL CERTIFICATE set forth in this Ordinance. Section 5. FORM OF INITIAL CERTIFICATE. The form of the Initial Certificate, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be endorsed on the Initial Certificate, shall be substantially as follows: FORM OF INITIAL CERTIFICATE NO. R-__ $13,945,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON CERTIFICATE OF OBLIGATION SERIES 2004 THE CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to RBC DAIN RAUSHER INC. or to the registered assignee or assignees of this Certificate or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of $13,945,000 BRIZ: 0705.061 ~DENTON-CO\4-22-2004-CO-Ordinance April 22, 2OO4 2 (THIRTEEN MILLION NINE HUNDRED FORTY FIVE THOUSAND DOLLARS) /n annual installments of principal due and payable on February 15 in each of the years, and in the respective principal amounts, as set forth in the following schedule, and to pay interest, from the date of this Certificate hereinafter stated, on the balance of each such installment of principal, respectively, from time to t/me remaining unpaid, at the rates per annum as follows: PRINCIPAL INTEREST PRINCIPAL INTEREST YEAR AMOUNT RATE(%) YEAR AMOUNT RATE(%) Interest shall first be due and payabte on February 15, 2005, and semiannually on each February 15 and August 15 thereafter while this Bond or any portion hereof is outstanding and unpaid. Said interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The installments of principaI and the interest on this Certificate are payable to the registered owner hereof through the serv/ces of JPMORGAN CHASE BANK, DALLAS, TEXAS, which is the "Paying Agent/Registrar" for this Certificate. Payment of ali principal of and interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Certificate (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the last day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying AgenffRegistrar, as hereinafter described. The Issuer covenants with the registered owner of this Certificate that on or before each principal and/or interest payment date for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this Certificate, when due. IN THE EVENT of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, ff and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to BRIZ: 0705.06PdOENTON-COX4-22-2004-CO-Ordinance April 22, 20O4 3 the address of each Holder of a Certificate appearing on the registration books of the Pay/ng Agent/Registrar at the close of business on the 15th business day next preceding the date of mailing of such notice. IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying AgenffRegistmr is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE has been authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $13,945,000 for the purpose of paying all or a portion of the City's contractual obligations incurred pursuant to contracts for the purchase of certain real and personal property, to-wit: (a) road and street improvements, including FM 2181, Spencer Road, State School Road and miscellaneous paving projects; (b) construction and equipping of a public safety training facility on Bonnie Brae Road; (c) improvement and equipping of the Emily Fowler Library; (d) improvement and equipping of the Civic Center; (e) improvements and equipment at the Denton Municipal Airport; (f) expansion and equipping of the Denton City Jail; (g) computer and technology equipment and upgrades for the City's information technology and communication systems; and (h) improvements to the City's solid waste disposal system and acquisition of related equipment; and also for the purpose of paying all or a portion of the City's contractual obligations for professional services, including engineers, architects, attorneys, map makers, auditors, and financial advisors, in connection with said Certificates of Obligation. ON FEBRUARY 15, 2014, or on any date whatsoever thereafter, the unpaid installments of principal of this Certificate of Obligation may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as a whole, or in part, at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption. If less than all of the Certificates are to be redeemed, the Issuer may select the maturities of the Certificates to be redeemed. If less than all of the Certificates of any maturity are to be redeemed, the Paying AgenffRegistrar shall determine by lot the Certificates, or portions thereof, within such maturity to be redeemed. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof. By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying Agent/Registry' for the payment of the required prepayment or redemption price for this Certificate or the portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided above, this Certificate, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for/ts prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued interest to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Certificate or any portion hereof. BRIZ: 0705.061~DENTON-CO~4-22-2004-CO-Ordinance April 22, 2004 4 THIS CERTIFICATE, to the extent of the unpaid principal balance hereof, or any unpaid portion hereof in any integral multiple of $5,000, may be assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and conditions set forth in the Certificate Ordinance. Among other requirements for such transfer, this Certificate must be presented and surrendered to the Paying Agent/Regislrar for cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner of this Certificate, or any portion or portions hereof in any integral multiple of $5,000, to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be trans- ferred and registered. Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Certificate or any such portion or portions hereof by the initial registered owner hereof. A new certificate or certificates payable to such assigriee or assignees (which then will be the new registered owner or owners of such new Certificate or Certificates) or to the initial registered owner as to any portion of this Certificate which is not being assigned and transferred by the initial reg/stered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Certificate or any portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the conversion and exchange of this Certificate or any portion hereof. The registered owner of this Certificate shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Certificate to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. AS PROVIDED above and in the Certificate Ordinance, this Certificate, to the extent of the unpaid principal balance hereof, may be converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the assignee or assignees duly designated in writing by the init/al registered owner hereof, or to the initial registered owner as to any portion of this Certificate which is not being assigned and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute certificate issued in exchange for any portion of this Certificate shall have a single stated principal maturity date), upon surrender of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance. If this Certificate or any portion hereof is assigned and transferred or converted each certificate issued in exchange for any portion hereof shall have a single stated principal maturity date corresponding to the due date of the installment of principal of this Certificate or portion hereof for which the substitute certificate is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. No such certificate shall be payable in installments, but shall have only one stated principal maturity date. AS PROVIDED 1N THE CERTIFICATE ORDINANCE, THIS CERTIFICATE IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the certificates issued and delivered in exchange for this Certificate or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Certificate Ordinance. The Issuer shall pay the Paying AgenffRegistrar's standard or customary fees and charges for transferring, converting, and exchanging this Certificate or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. BRIZ: 0705.061 ~DENTON-CO\4-22-2004-CO.Ordinance April 22, 2O04 IN THE EVENT any Paying Agent/Registrar for this Certificate is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly wilt appoint a competent and Iegally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Certificate. IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance with law; that this Certificate is a general obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against ail taxable property in the Issuer, and have been pledged irrevocably for such payment, within the l/mit prescribed by Iaw; and that, together with other parity obligations, this Certificate additionally is payable from and secured by certain surplus revenues (not to exceed $10,000 in aggregate amount) derived by the Issuer from the ownership and operation of the City's .Utility System (consisting of the City's combined waterworks system, sanitary sewer system, and electric light and power system), all as provided in the Certificate Ordinance. THE ISSUER has reserved the right to issue, in accordance with law, and in accordance with the Certificate Ordinance, other and additional obligations, and to enter into contracts, payable from ad valorem taxes and/or revenues of the City's Utility System, on a parity with, or with respect to said revenues, superior in lien to, this Certificate. BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the manual or facsimile signature of the Mayor of the Issuer and countersigned and attested with the manual or facsimile signature of the City Secretary of the Issuer, has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Certificate, and has caused this Certificate to be dated May 1, 2004. ATTEST: CITY OF DENTON, TEXAS By: By: Jennifer Walters City Secretary, City of Denton, Texas Euline Brock Mayor, City of Denton, Texas (crrY SEAt.) BRIZ: 0705.061 ~DENTON-CO\4-22-2004-CO-Ordinance April 22, 2004 6 (INSERT BOND INSURANCE LEGEND, iF ANY) FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Certificate has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Certificate has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) Section 6. ADDITIONAL CHARACTERISTICS OF THE CERTIFICATES. Re~stration and Transfer. (a) The Issuer shall keep or cause to be' kept at the principal corporate trust office of J'PMORGAN CHASE BANK, DALLAS, TEXAS (the "Paying Agent/Registrar") books or records of the registration and transfer of the Certificates (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Certificate to which payments with respect to the Certificates shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Regis- tration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Certificate may be transferred in the Registration Books only upon presentation and surrender of such Certificate to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, (i) evidencing the assignment of the Certificate, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have the Certificate or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Certificate or any portion thereof, a new substitute Certificate or Certificates shall be issued in conversion and exchange therefor in the manner herein provided, The Initial Certificate, to the extent of the unpaid principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only, and to one or more assignees designated in writing by the initial registered owner thereof. All Certificates issued and delivered in conversion of and exchange for the Initial Certificate shall be in any denomination or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate shall have a single stated principal maturity date), shall be BRIZ: 0705.061~DENTON-CO\4-22-2004-CO-Ordinance April 22, 2004 7 in the form prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance, and shall have the characteristics, and may be assigned, transferred, and converted as hereinafter provided. If the Initial Certificate or any portion thereof is assigned and transferred or converted the Initial Certificate must be surrendered to the Paying Agent/Registrar for cancellation, and each Certificate issued in exchange for any portion of the Initial Certificate shall have a single stated principal maturity date, and shall not be payable in installments; and each such Certificate shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Certificate is being exchanged; and each such Certificate shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If only a portion of the Initial Certificate is assigned and transferred, there shall be delivered to and registered in the name of the initial registered owner substitute Certificates in exchange for the unassigned balance of the Initial Certificate in the same manner as if the initial registered owner were the assignee thereof. If any Certificate or portion thereof other than the Initial Certificate is assigned and transferred or converted each Certificate issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate for which it is exchanged. A form of assignment shall be printed or endorsed on each Certificate, excepting the Initial Certificate, which shall be executed by the registered owner or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any Certificates or any portion or portions thereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such trmasfer in the Registration Books, and shall deliver a new fully registered substitute Certificate or Certificates, having the characteristics herein described, payable to such assignee or assignees (which then will be the registered owner or owners of such new Certificate or Certificates), or to the previous registered owner in case only a portion of a Certificate is being assigned and transferred, all in conversion of and exchange for said assigned Certificate or Certificates or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in Section 6(d), below, for the conversion and exchange of Certificates by any registered owner of a Certificate. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer and delivery of a substitute Certificate or Certificates, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying AgenffRegistmr shall not be required to make transfers of registration of any Certificate or any portion thereof during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. (b) Ownership of Certificates. The entity in whose name any Certificate shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such Certificate shall be overdue, and the Issuer and the Paying AgentfRegistrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such Certificate shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Certificate to the extent of the sum or sums so paid. (c) Payment of Certificates and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates, and to act as its agent to convert and exchange or replace Certificates, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Certificates, and of all conversions and exchanges of Certificates, and all replacements of Certificates, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying AgentJRegistmr, if and when funds for the payment BRIZ: 0705.061 ~DENTON-CO\4-22-2004-CO-Ordinanc¢ April 22, 2004 8 of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Certificate appearing on the registration books of the Paying Agent/Registrar at the close of business on the 15th business day next preceding the date of mailing of such notice. (d) Conversion and Exchanee or Replacement: Authentication. Each Certificate issued and delivered pursuant to this Ordinance, to the extent of the unpaid principal balance or principal amount thereof, may, upon surrender of such Certificate at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered owner or such assignee or assignees, as appropriate, be converted into and exchanged for fully registered certificates, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid principal balance or principal amount of any Certificate or Certificates so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If the Initial Certificate is assigned and transferred or converted each substitute Certificate issued in exchange for any portion of the Initial Certificate shall have a single stated principal maturity date, and shall not be payable in installments; and each such Certificate shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Certificate is being exchanged; and each such Certificate shall bear interest at the single rate applicable to and home by such installment of principal or portion thereof for which it is being exchanged. If any Certificate or portion thereof (other than the Initial Certificate) is assigned and t~ansferred or converted, each Certificate issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate for which it is being exchanged. Each substitute Certificate shall bear a letter and/or number to distinguish it from each other Certificate. The Paying Agent/Registrar shall convert and exchange or replace Certificates as provided herein, and each fully registered certificate delivered in conversion of and exchange for or replacement of any Certificate or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Certificates for all purposes of this Ordinance, and may again be converted and exchanged or replaced. It is specifically provided that any Certificate authenticated in conversion of and exchange for or replacement of another Certificate on or prior to the first scheduled Record Date for the Initial Certificate shall bear interest from the date of the Initial Certificate, but each substitute Certificate so authenticated after such first scheduled Record Date shall bear interest from the interest payment date next preceding the date on which such substitute Certificate was so authenticated, unless such Certificate is authenticated after any Record Date but on or before the next following interest payment date, in which case it shall bear interest from such next following interest payment date; provided, however, that if at the time of delivery of any substitute Certificate the interest on the Certificate for which it is being exchanged is due but has not been paid, then such Certificate shall bear interest from the date to which such interest has been paid in full. THE INITIAL CERTIFICATE issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Certificate issued in conversion of and exchange for or replacement of any Certificate or Certificates issued under this Ordinance there shall be printed a certificate, in the form substantially as follows: BRIZ: 0705.061XDENTON-CO\4-22-2004-CO-Ordinance April 22, 2004 9 "PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that th/s Certificate has been issued under the provisions of the Certificate Ordinance described on the face of this Certificate; and that this Certificate has been issued in conversion of and exchange for or replacement of a certificate, certificates, or a portion of a certificate or certificates of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated ~MORGAN CHASE BANK DALLAS, TEXAS, Paying Agent/Registrar By Authorized Representative" An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate, date and manually sign the above Certificate, and no such Certificate shall be deemed to be issued or out- standing unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel att Certificates surrendered for conversion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Certificates in the manner prescribed herein, and said Certificates shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Chapter 1201, Texas Government Code, the duty of conversion and exchange or replacement of Certificates as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the converted and exchanged or replaced Certificate shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Certificate which originally was issued pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Certificate or any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such priv/lege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange or replacement of Certificates or any portion thereof during the period commencing w/th the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. (e) In General. All Certificates issued in conversion and exchange or replacement of any other Certificate or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates to be payable only to the registered owners thereof, (ii) may be transferred and assigned, (iii) may be converted and exchanged for other Certificates, (iv) shall have the characteristics, (v) shall be signed and sealed, and (vi) the principal of and interest on the Certificates shall be payable, ail as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance. BRIZ: 0705.061 ~DENTON-CO\4-22-2004-CO-Ordinance April 22, 2004 l0 (f) Payment of Fees and Charees. The Issuer hereby covenants with the registered owners of the Certificates that it w/Il (i) pay the standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Certificates, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer of registration of Certificates, and with respect to the conversion and exchange of Certificates solely to the extent above provided in this Ordinance. (g) Substitute Paving Aeent/Reeistmr. The Issuer covenants with the registered owners of the Certificates that at all times while the Certificates are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Certificates under this Ordinance, and that the Paying Agent/Registrar Mil be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent]Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that it will promptly appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying AgenffRegistrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar shall promptly transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Certificates, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Certificates, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shill be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 7. FORM OF SUBSTITUTE CERTIFICATES. The form of all Certificates issued in conversion and exchange or replacement of any other Certificate or portion thereof, including the form of Paying Agent/Registrar's Certificate to be printed on each of such Certificates, and the Form of Assignment to be printed on each of the Certificates, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. FORM OF SUBSTITUTE CERTIFICATE (Book-Entry Only Legend, if appropriate) NO. __ UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS $ COUNTY OF DENTON CiTY OF DENTON CERTIFICATE OF OBLIGATION SERIES 2004 INTEREST RATE % MATURITY DATE DATED DATE CUSIP NO. BRIZ: 0705.061X,DENTON-CO~4-22-2004-CO-Ord/nance Apri122, 2004 11 ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to or to the registered assignee hereof (either being hereinafter called the "registered owner") the principal amount of and to pay interest thereon, calculated on the basis of a 360-day year composed of twelve 30-day months, from May 1, 2004, to the maturity date specified above, at the interest rate per annum specified above; with interest being first due and payable on February t 5, 2005, and semiannually on each August 15 and February 15 thereafter, except that if the date of authentication of this Certificate is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date. THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Certificate shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity, at the principal corporate trust office of JPMORGAN CHASE BANK, DALLAS, TEXAS, which is the "Paying Agent/Registrar" for this Certificate. The payment of interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of the Certificates (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the last day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. However, the payment of such interest may be made by any other method acceptable to the Paying Agent/Registrar and requested by, and at the risk and expense of, the registered owner hereof. The Issuer covenants with the registered owner of th/s Certificate that on or before each principal payment date, interest payment date, and accrued interest payment date for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates, when due. IN THE EVENT of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, ff and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Certificate appearing on the registration books of the Paying Agent/Registrar at the close of business on the 15th business day next preceding the date of mailing of such notice. BRIZ: 0705.061XDENTON-CO\4-22-2004-CO-Ordinance April 22, 2004 '12 IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE is one of an issue of Certificates initially dated May 1, 2004, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $13,945,000, for the purpose of paying all or a portion of the City's contractual obligations incurred pursuant to contracts for the purchase of certain real and personal property, to-wit:(a) road and street improvements, including FM 2181, Spencer Road, State School Road and miscellaneous paving projects; (b) construction and equipping of a public safety training facility on Bonnie Brae Road; (c) improvement and equipping of the Emily Fowler Library; (d) improvement and equipping of the Civic Center; (e) improvements and equipment at the Denton Municipal Airport; (f) expansion and equipping of the Denton City Jail; (g) computer and technology equipment and upgrades for the City's information technology and communication systems; and (h) improvements to the City's solid waste disposal system and acquisition of related equipment; and also for the purpose of paying ail or a portion of the City's contractual obligations for professional services, including engineers, architects, attorneys, map makers, auditors, and financial advisors, in connection with said Certificates of Obligation. ON FEBRUARY 15, 2014, or on any date whatsoever thereafter, the Certificates of this Series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, at the redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for redemption. If less than all of the Certificates are to be redeemed, the Issuer may select the maturities of the Certificates to be redeemed. If less than all of the Certificates of any maturity are to be redeemed, the Paying Agent/Registrar shall determine by lot the Certificates, or portions thereof, within such maturity to be redeemed. AT LEAST 30 days prior to the date fixed for any redemption of Certificates or portions thereofptior to maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, to the registered owner of each Certificate to be redeemed at its address as it appeared on the 45th day prior to such redemphon date; provided, however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Certificate. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Certificates or portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written notice of redemption is given and if due provision for such payment is made, all as provided above, the Certificates or portions thereof which are to be so re- deemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the tight of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Certificate shall be redeemed a substitute Certificate or Certificates having the same maturity date, beating interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued BRIZ: 0705.061XDENTON-COX4-22-2004-CO-Ordinance April 22. 2004 13 to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, ali as provided in the Bond Ordinance. THIS CERTIFICATE OR ANY PORTION OR PORTIONS HEREOF 1N ANY INTEGRAL MULTfPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and conditions set forth in the Certificate Ordinance. Among other requirements for such assignment and trans- fer, this Certificate must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Certificate shall be executed by the registered owner or its duly authorized attorney or representative, to evidence the assignment hereof. A new Certificate or Certificates payable to such assignee or assignees (which then will be the new registered owner or owners of such new Certificate or Certificates), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Certificate, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Certificate, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Certificates. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Certificate or any portion hereof during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. The registered owner of this Certificate shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Certificate to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. ALL CERTIFICATES OF TI-lIS SERIES are issuable solely as fully registered certificates, without interest coupons, /n the denomination of any integral multiple of $5,000. As provided in the Certificate Ordinance, tiffs Certificate, may, at the request of the registered owner or the assignee or assignees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon surrender of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance, The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Certificate or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. BRIZ: 0705.06 l~DENTON-CO\4-22-2004-CO-Ordinance April 22, 2004 14 IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and will promptly cause written notice thereof to be mailed to the registered owners of the Certificates. IT IS I-IF, RF~Y certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and del/very of this Certificate have been performed, existed, and been done in accordance with law; that this Certificate is a general obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged irrevocably for such payment, within the limit prescribed by law; and that, together with other parity obligations, this Certificate, and the other Certificates of this Series, additionally are payable from and secured by certain surplus revenues (not to exceed $10,000 in aggregate amount) derived by the Issuer from the ownership and operation of the City's Utility System (consisting of the City's combined waterworks system, sanitary sewer system, and electric light and power system), all as provided in the Certificate Ordinance.. THE ISSUER has reserved the right to issue, in accordance with law, and in accordance with the Certificate Ordinance, other and additional obligations, and to enter into contracts, payable from ad valorem taxes and/or revenues of the City's Utility System, on a parity with, or with respect to said revenues, superior in lien to, this Certificate. BY BECOMING the registered owner of th/s Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the manual or facsimile signature of the Mayor of the Issuer and countersigned and attested with the manual or facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Certificate. ATTEST: CITY OF DENTON, TEXAS By:. By: Jennifer Walters City Secretary, City of Denton, Texas (CITY SEAL) Euline Brock Mayor, City of Denton, Texas BRIZ: 0705.06 l~DENTON-CO\4-22-2004-CO-Ordinance April 22, 2004 15 FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/R.EGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Certificate has been issued under the provisions of the Certificate Ordinance described on the face of this Certificate; and that this Certificate has been issued in conversion of and exchange for or replacement of a certificate, certificates, or a portion of a certificate or certificates of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. JPMORGAN CHASE BANK DALLAS, TEXAS, Paying Agent/Registrar Dated By Authorized Representative (INSERT BOND INSURANCE LEGEND, IF ANY) FORM OF ASSIGNMENT: ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this Certificate, or duly authorized representative or attorney thereof, hereby assigns this Certificate to / / (Assignee's Social Security or Taxpayer Identification Number (print or typewrite Assignee's name and address, including zip code) and hereby irrevocably constitutes and appoints attorney to transfer the registration of this Certificate on the Paying AgentYRegistrar's Registration Books with full power of substitution in the premises. Dated: Signature Guaranteed: BRIZ: 0705.06 t XDENTON-CO\4-22-2004-CO-Ordinance April 22, 2004 16 NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution participating in a securities transfer association recognized signature guarantee program. Registered Owner NOTICE: This signature must correspond with the name of the Registered Owner appearing on the face of this Certificate in every particular without alteration or enlargement or any change whatsoever. Section 8. TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking Fund") is hereby created solely for the benefit of the Certificates, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal of the Certificates. All ad valorem taxes levied and collected for and on account of the Certificates, together with any premium and accrued interest received upon sale of the Certificates, shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Certificates or interest thereon are outstanding and unpaid, the governing body of the Issuer shall compute and ascertain a rote and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Certificates as such interest becomes due, and to provide and maintain a sinking fund adequate to pay the principal of its Certificates as such principal matures or is scheduled for redemption (but never less than 2% of the original principal amount of the Certificates as a sinking fund each year). Said tax shall be based on the latest approval tax rolls of the Issuer, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the Certificates or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates, as such interest comes due and such principal matures or is scheduled for redemption, are hereby pledged for such payment, within the limit prescribed by law. Section 9. SURPLUS REVENUES. The Certificates additionally shall be payable from and secured by surplus revenues in accordance with Section 1502 of the Texas Government Code, as amended, to the extent hereinafter permitted, derived by the Issuer from the ownership and operation of the Issuer's Utility System (consisting of its combined waterworks system, sanitary sewer system, and electric light and power system) remaining after (a) payment of all amounts constituting operation and maintenance expenses of said Utility System, and (b) payment of all debt service, reserve, and other requirements and amounts required to be paid under all ordinances heretofore or hereafter authorizing (i) all bonds and (ii) all other obligations not on a parity with the Certificates, which are payable from and secured by any Utility System revenues, and (c) payment of all amounts payable from any Utility System revenues pursuant to contracts heretofore or hereafter entered into by the Issuer in accordance with law (the "Surplus Revenues"). If, for any reason, the Issuer fails to deposit ad valorem taxes levied pursuant to Section 8 hereof to the credit of the Interest and Sinking Fund in an amount sufficient to pay, when due, the principal of and interest on the Certificates, then Surplus Revenues, to the extent hereinafter permitted, shall be deposited to the credit of the Interest and Sinking Fund and used to pay such principal and/or/nterest. A maximum aggregate of $10,000 of Surplus Revenues may be used to pay principal and/or interest on the Certificates and any obligations on a parity therewith. The Certificates and any obhgations on a parity therewith are not, and shall not be deemed to be, payable from or secured by any Surplus Revenues in excess of an aggregate of $10,000. Until and unless BRIZ: 0705.06 lXDENTON-CO\4-22-2004-CO-Ordinance April 22, 2004 17 an aggregate of $10,000 of Surplus Revenues actually is used to pay any such principal and/or inferest, additional obligations, payable from and secured by all or any remaining unused part of said aggregate of $10,000 of Surplus Revenues, may be issued by the Issuer on a parity with the Certificates and any other then outstanding parity obligations, with the Certificates and all such additional parity obligations to be payable from and secured equally and ratably by all or any remaining unused part of said aggregate. The Issuer reserves, and shall have, the right to issue bonds, and other obligations not on a parity with the Certificates, and to enter into contracts, in accordance with applicable laws, to be payable from and secured by any Utility System revenues other than the aggregate of $10,000 of Surplus Revenues as described above. The Certificates are on a parity with those issues of City of Denton Certificates of Obligation, Series 1994, Series 1995, Series 1996, Series 1998, Series 1999, Series 2000, Series 2001, Series 2002 and Series 2003 (the "Outstanding Certificates"), as permitted in the Ordinances authorizing same; and it is hereby found and determined that none of the above defined Surplus Revenues have ever been used to pay any principal and/or interest on the Outstanding Certificates. Section 10. DEFEASANCE OF CERTIFICATES. (a) Any Certificate and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Certificate") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Certificate, plus interest thereon to the due date either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Government Obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until ail Defeased Certificates shall have become due and payable. At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Government Obligations. Co) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer also be invested in Government Obligations, maturing in the amounts and ames as hereinbefore set forth, and all income from such Government Obligations received by the Paying Agent/Registrar which is not required for the payment of the Certificates and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. (c) The term "Government Obligations" as used in this Section shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, which may be in book-entry form. (d) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. BRIZ: 0705.061 ~DENTON-CO\4-22-2004-CO-Ordinance April 22, 2004 18 Section 11. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES. (a) Replacement Certificates. In the event any outstanding Certificate is daraaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new certificate of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement for such Certificate in the manner hereinafter provided. (b) Aoolication f. or Replacement Certificates. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Certificates shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Certificate, the registered owner applying for a replacement certificate shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any Ioss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Certificate, the registered owner shall furnish to the Issuer and the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Certificate, as the case may be. In every case of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated. (c) No Defauk Occurred. Notwithstanding the foregoing provisions of this Section, in the event of any such Certificate shall have matured, and no default has occurred which is then continuing in the payment of the principal of, or interest on the Certificate, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a replacement Certificate, provided security or indemnity is fumished as above provided in this Section. (d) Charee for Issuing .Replacement Certificates. Prior to the issuance of any replacement certificate, the Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal, printing, and other expenses in connection therewith. Every replacement certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Certificates duly issued under this Ordinance. (e) Authority for Issuing Replac.qment Certificates~ In accordance with Chapter 1201, Texas Government Code, this Section of this Ordinance shall constitute authority for the issuance of any such replacement certificate without necessity of further action by the goveming body of the Issuer or any other body or person, and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying AgenffRegistrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates in the form and manner and with the effect, as provided in Section 6(d) of this Ordinance for Certificates issued in conversion and exchange for other Certificates. Section 12. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES; CERTIFICATE COUNSEL'S OPINION, CUSIP NUMBERS, PREAMBLE AND INSURANCE. The Mayor of the Issuer is hereby authorized to have control of the Initial Certificate issued hereunder and all necessary records and proceedings pertaining to the Initial Certificate pending its delivery and its investigation, examination, and approval by the Attorney General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Certificate said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptrollers Registration Certificate on the Initial Certificate, and the seal of said Comptroller shall be impressed, or placed in facsimile, on the Initial Certificate. The approving legal opinion of the Issuer's BRIZ: 0705.061 ~DENTON-CO\4-22-2004-CO-Ordinanee April 22, 2004 19 Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Certificate or on any Certificates issued and delivered in convers/on of and exchange or replacement of any Certificate, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Certificates. The preamble to this Ordinance is hereby adopted and made a part hereof for all purposes. If insurance is obtained on any of the Certificates, the Initial Certificate and all other Certificates shall bear an appropriate legend concerning insurance as provided by the insurer. Section 13. COVENANTS REGARDING TAX-EXEMPTION OF INTEREST ON THE CERTIFICATES. (a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain from any action which would adversely affect, the treatment of the Certificates as obligations described in section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (1) to take any action to assure that no more than 10 percent of the proceeds of the Certificates or the projects financed therewith (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the projects financed therewith are so used, such amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms oi* this Order or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Certificates, in contravention of section 141(t>)(2) of the Code; (2) to take any action to assure that in the event that the "private business use" described in subsection (I) hereof exceeds 5 percent of the proceeds of the Certificates or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; (3) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Certificates (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (4) to refrain from taking any action which would otherwise result in the Certificates being treated as "private activity bonds" within the meaning of section 141Co) of the Code; (5) to refrain from taking any action that would result in the Certificates being "federally guaranteed" within the meaning of section 149(b) of the Code; (6) to refrain from using any portion of the proceeds of the Certificates, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Certificates, other than investment property acquired with -- BRIZ: 0705.061~DENTON-CO\4-22-2004-CO-Ordinance April 22, 2004 20 (A) proceeds of the Certificates invested for a reasonable temporary period of 3 years or less or, in the case of a refunding bond, for a period of 90 days or less until such proceeds are needed for the purpose for which the bonds are issued, (B) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1 (b) of the Treasury Regulations, and (C) mounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Certificates; (7) to otherwise restrict the use of the proceeds of the Certificates or amounts treated as proceeds of the Certificates, as may be necessary, so that the Certificates do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); and (8) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Certificates) an amount that is at least equal to 90 percent of the "Excess Earnings," within the meaning of section 148(t3 of the Code and to pay to the United States of America, not later than 60 days after the Certificates have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(0 of the Code. (b) Proceeds. The Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Certificates. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or mlLngs promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the Ceffificates, the issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nahonally recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Certificates under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Certificates, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from federal income taxation of interest on the CeRtificates under section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, which may be permitted by the Code as are consistent with the purpose for the issuance of the CeRtificates. Section 14. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE PROJECT. The Issuer covenants to account for the expenditure of sale proceeds and investment earnings to be used for the purposes described in Section 1 of this Ordinance (the "Project") on its books and records in accordance with the requirements of the Internal Revenue Code. The Issuer recognizes that in order for the proceeds to be considered used for the reimbursement of costs, the proceeds must be allocated to expenditures within 18 months of the later of the date that (1) the expenditure is made, or (2) the Project is completed; but in no event later than three years after the date on which the original expenditure is paid. The foregoing notwithstanding, the Issuer recognizes that in order for proceeds to be expended under the Internal BRIZ: 0705.061~DENTON-CO\4-22-2004-CO-Ordinance April 22, 2004 21 Revenue Code, the sale proceeds or investment earnings must be expended no more than 60 days after the earlier of (1) the fifth anniversary of the delivery of the Certificates, or (2) the date the Certificates are retired. The Issuer agrees to obtain the advice of nationally-recognized bond counsel if such expenditure fails to comply with the foregoing to assure that such expenditure will not adversely affect the tax-exempt status of the Certificates. For purposes hereof, the Issuer shalt not be obligated to comply w/th this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 15. DISPOSITION OF PROJECT. The Issuer covenants that the property constituting the Project will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such sate or other disposition will not adversely affect the tax-exempt status of the Certificates. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains a legal opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 16. INTEREST EARNINGS ON CERTIFICATE PROCEEDS. Interest earnings derived from the investment of proceeds from the sale of the Initial Certificate shall be used along with other proceeds for the purposes for which the Certificates are issued; provided that after completion of such purposes, if any of such interest earnings remain on hand, such interest earnings shaI1 be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on certificate proceeds which are required to be rebated to the United States of America pursuant to Section 13 hereof in order to prevent the Certificates from being "arbitrage bonds" within the meaning of the Code shall be so rebated and not considered as interest earnings for the purposes of this Section. Section 17. SALE OF INITIAL CERTIFICATE. The Initial Certificate is hereby sold and shall be delivered to RBC Dain Rausher Inc., as underwriter, in accordance with the Bond Purchase Agreement dated the date of this meeting and presented to the City Council of the City at this meeting. The Mayor of the Issuer is authorized and directed to execute, on behalf of the Issuer, said Bond Purchase Agreement in the form and substance submitted at this meeting. Section 18. OFFICIAL STATEMENT. An Official Statement dated as of the date of this meeting has been prepared in connection with the sale of the Initial Certificate and the Certificates, in the form and substance submitted at this meeting. Said Official Statement and any supplement or addenda thereto have been and are hereby approved, and their use in the offer and sale of the Certificates is hereby approved. It is further officially found, determined, and declared that the statements and representations contained in said Official Statement are tree and correct in all material respects, to the best knowledge and belief of the Issuer. The disthbution and use of the Preliminary Official Statement dated April __, 2004, prior to the date hereof is hereby ratified and approved. Section 19. INSURANCE. The Issuer approves the insurance of the Certificates by ., and the payment of such premium and complies with all of the terms of the insurance commitment, which are hereby adopted as part of the Ordinance. Section 20. DTC REGISTRATION. The Certificates initially shall be issued and delivered in such manner that no physical distribution of the Certificates will be made to the public, and The Depository Trust Company ("DTC"), New York, New York, initially will act as depository for the Certificates. DTC has BRIZ: 0705.061 kDENTON-CO\4-22-2004-CO-Ordinance April 22, 2004 22 represented that it is a limited purpose trust company incorporated under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered under Section I7A of the federal Sectirities Exchange Act of 1934, as mended, and the Issuer accepts, but in no way verifies, such representations. The Initial Certificate authorized by this Ordinance shall be delivered to and registered in the name of the Purchaser. However, it is a condition of dehvery and sale that the Purchaser, immediately after such delivery, shall cause the Paying Agent/Registrar, as provided for in this Ordinance, to cancel said Initial Certificate and deliver in exchange therefor a substitute Certificate for each maturity of such Initial Certificate, with each such substitute Certificate to be registered in the name of CEDE & CO., the nominee of DTC, and it shall be the duty of the Paying Agent/Registrar to take such action. It is expected that DTC will hold the Certificates on behalf of the Purchaser and/or the DTC Participants, as defined and described ha the Official Statement referred to and approved in Section 18 hereof (the "DTC Participants"). So long as each Certificate is registered in the name of CEDE & CO., the Paying Agent/Registrar shall treat and deal with DTC ha all respects the same as ff it were the actual and beneficial owner thereof. It is expected that DTC will maintain a book entry system which will identify beneficial ownership of the Certificates by DTC Participants in integral amounts of $5,000, with transfers of ownership being effected on the records of DTC and the DTC Participants pursuant to roles and regulations established by them, and that the substitute Certificates initially deposited with DTC shall be immobilized and not be further exchanged for substitute Certificates except as hereinafter provided. The Issuer is not responsible or liable for any functions of DTC, will not be responsible for paying any fees or charges with respect to its services, will not be responsible or liable for maintaining, supervising, or reviewing the records of DTC or. the DTC Participants, or protecting any interests or rights of the beneficial owners of the Certificates. It shall be the duty of the Purchaser and the DTC Participants to make all arrangements with DTC to establish this book-entry system, the beneficial ownership of the Certificates, and the method of paying the fees and charges of DTC. The Issuer does not represent, nor does it in any way covenant that the initial book-entry system established with DTC will be maintained in the future. The Issuer reserves the right and option at any time in the future, in its sole discre- tion, to terminate the DTC (CEDE & CO.) book-entry only registration requirement described above, and to permit the Certificates to be registered in the name of any owner. If the Issuer exercises its right and option to terminate such requirement, it shall give written notice of such termination to the Paying Agent/Registrar and to DTC, and thereafter the Paying Agent/Registrar shall, upon presentation and proper request, register any Certificate ha any name as provided for ha this Ordinance. Notwithstanding the initial establishment of the foregoing book-entry system with DTC, if for any reason any of the originally delivered substitute Certificates is duly filed with the Paying Agent/Registrar with proper request for transfer and substitution, as provided for in this Ordinance, substitute Certificates will be duly delivered as provided in this Ordinance, and there will be no assurance or representation that any book-entry system will be maintained for such Certificates. Sechon 21. CONTINUING DISCLOSURE. (a) Annual Reports. (i) The Issuer shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after 2003, financial information and operating data with respect to the Issuer of the general type included in the final Official Statement authorized by Section 18 of this Ordinance, being the information described in Exhibit Ahereto, which Exhibit is attached to and incorporated ha this Ordinance as if written word for word herein. Any financial statements so to be provided shall be (1) prepared in accordance with the accounting principles descn-bed in Extn'bit A hereto, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the Issuer commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the Issuer shall provide BRIZ: 0705.061 ~DENTON-CO\4-22-2004-CO-Ordinance April 22, 2004 23 unaudited financial statements by the required time and will provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements become available. (ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section. The financialinformafion and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (b) Material Event Notices. The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Certificates, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Certificates; 7. Modifications to rights of holders of the Certificates; 8. Certificate calls; 9. Defeasances; 10. Release, substitution, or sate of property securing repayment of the Certificates; and 11. Rating changes. The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the Issuer to provide financial information or operating data in. accordance with subsection (a) of this Section by the time required by such subsection. (c) Limitations. Di.selaimers, and Amendments. (i) The Issuer shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the Issuer in any event will give the notice required by Subsection (b) hereof of any Certificate calls and defeasance that cause the Issuer to no longer be such an "obligated person". BRIZ: 0705.06 BDENTON-CO\4-22-2004-CO-Ordinance April 22, 2004 24 (ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable fight, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. ('iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER, ITS OFFICERS, AGENTS AND EMPLOYEES, BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING FN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or othexw/se limit the duties of the Issuer under federal and state secur/ties laws. (v) The provisions of this Section may be amended by the Issuer from t/me to time to adapt to changed circumstances that ar/se from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Certificates consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Certificates. If the Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (a) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Certificates in the primary offering of the Certificates. (d) terms below: Definitions. As used in this Section, the following terms have the meanings ascribed to such "MSRB" means the Municipal Securities Rulemaking Board. BRIZ: 0705.06 l'ff)ENTON-CO~,4-22-2004-CO-Ordinance April 22, 2004 25 "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. Section 22. PROTECTION OF PLEDGE. Chapter 1208, Govemment Code, applies to the issuance of the Certificates and the pledge of the taxes and surplus revenues granted by the Issuer under Sections 8 and 9 of this Ordinance, and is therefore valid, effective, and perfected. If Texas law is amended at any time while the Certificates are outstanding and unpaid such that the pledge of the taxes and surplus revenues granted by the Issuer under Sections 8 and 9 of this Ordinance is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to the registered owners of the Certificates the perfection of the security interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Texas Business & Commerce Code and enable a filing to perfect the security interest in said pledge to occur. Section 23. FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary of the Issuer, and all other officers, employees, and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Certificate Ordinance, the Certificates, the sale of the Certificates, and the Notice of Sale and Official Statement; and the Assistant City Manager/Fiscal and Municipal Services of the City shall cause the expenses of issuance of the Certificates to be paid from the proceeds of sale of the Initial Certificate or from other lawfully available funds of the Issuer. In case any officer whose signature shall appear on any Certificate shall cease to be such officer before the delivery of such Certificate, such signature shall nevertheless be valid and sufficient for ail purposes the same as if such officer had remained in office until such delivery. Section 24. OPEN MEETINGS, The City Council has found and determined that the meeting at which this Ordinance is considered is open to the public and that notice thereof was given in accordance with the provisions of the Texas Open Meetings, Law, Tex. Gov't. Code, Chapter 551, as amended. Section 25. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its passage and approval. BRIZ: 0705.061 ~DENTON-CO\4-22-2004-CO-Ordinance April 22, 2004 26 PASSED AND APPROVED this the 4th day of May, 2004. Euline Brock, Mayor ATTEST: Jennifer Walters, City Secretary APPROVED AS TO LEGAL FORM: Herbert L. Prouty, City Attomey By: ~b////~.~o~' BRIZ: 0705.061XDENTON-CO\4-22-2004-CO-Ord/nance April 22, 2004 27 EXHIBIT A DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 21 of this Ordinance: Annual Financial Statements and Operating Data The financial information and operating data with respect to the Issuer to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the tables of the Official Statement referred to) below: Tables numbered 1 through 15, inclusive, under the captions "Tax Information", "Debt Service Requirements" and "Financial Information" in the Official Statement. Appendix B in the Official Statement. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements refer~ed to in the paragraph above. BRIZ: 0705.06P~DENTON-CO\4-22-2004-CO-Ordinance April 22, 2004 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET May 4, 2004 Fiscal Operations Kathy DuBose SUBJECT Consider adoption of an ordinance authorizing the issuance, sale and delivery of City of Demon General Obligation Refunding Bonds, Series 2004, approving and authorizing instruments and procedures relating thereto; and providing an effective date. BACKGROUND On May 4, 2004, David Medanich of First Southwest Company, the City's Financial Advisor, and Ted Brizzolara III of McCall, Parkhurst and Horton, the City's Bond Counsel, will presem the underwriting company of the City of Demon General Obligation Bonds, Series 2004. The $4,935,000 (plus cost of issuance) will be used to refund a portion of the City's outstanding General Obligation Bonds for the purpose of lowering the debt service requirements associated with the debt, and pay the cost of issuance of the Bonds. This refunding (refinancing at a lower imerest rate) will save approximately $148,000 over the life of the bonds. PRIOR ACTION/REVIEW (Council, Boards, Commissions): The projects related to the bonds were approved and funded in previous capital budgets and bond issues, respectively. FISCAL INFORMATION: This refunding will save the City approximately $148,000 in debt service over the life of the bonds equating to 3% present value savings. Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations ORDINANCE NO. 2004- ORDINANCE AUTItORIZ~G THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION REFUNDING BONDS, SERI~S 2004, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE THE STATE OF TEXAS : COUNTY OF DENTON : CITY OF DENTON : WHEREAS, the City of Denton, Texas, heretofore has duly issued, and there are presently outstanding, the following Series of Tax supported obligations: City of Denton Certificates of Obligation, Series 1995, dated February 15, 1999, scheduled to mature on February 15, 2006 through February 15, 2015, aggregating $1,350,000 (and being all of the outstanding certificates of said series scheduled to mature on and after February 15, 2006); City of Denton General Obligation Bonds, Series 1995, dated February 15, 1995, scheduled to mature on February 15, 2006 through February 15, 2008 and including February 15, 2015, aggregating $350,000 (and being alt of the outstanding bonds of said series scheduled to mature on and after February 15, 2006); City of Denton Certificates of Obligation, Series 1996, dated May 1, 1996, scheduled to mature on February 15, 2008 through February 15, 2010, aggregating $555,000 (and being all of the outstanding certificates of said series scheduled to mature on and after February 15, 2008); City of Denton General Obligation Bonds, Series 1996, dated May 1, 1996, scheduled to mature on February 15, 2008 through February 15, 2012, aggregating $740,000 (and being all of the outstanding bonds of said series scheduled to mature on and atler February 15, 2008); City of Denton General Obligation Bonds, Series 1997, dated April 1, 1997, scheduled to mature on February 15, 2012 through February 15, 2016, aggregating $1,675,000 (and being all of the outstanding bonds of said series scheduled to mature on and after February 15, 2012); (collectively, the "Outstanding Obligations"), in the aggregate principal amount of $4,670,000; and BP~Z: 0705.062~DENTON~ C*O-P..~ -2004\ 4.27-2004. GO~REF. Ordinan ¢¢ April 27, 2004 WHEREAS, the City Council of the City of Denton deems it necessary and advisable to refund the Outstanding Obligations, and to authorize, issue, and deliver the bonds hereinafter described; and WHEREAS, the bonds hereinafter authorized are to be issued, sold, and delivered pursuant to Chapter 1207, Texas Government Code, as amended, the City's Home Rule Charter and other applicable laws; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. AMOUNT AND PURPOSE OF THE BONDS. The bend or bonds of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $4,935,000, FOR THE PURPOSE OF OBTAINING FUNDS REQUIRED TO REFUND $4,670,000 IN AGGRF_X3ATE PRINCIPAL AMOUNT OF TAX SUPPORTED OBLIGATIONS OF THE CITY OF DENTON, TEXAS. Section 2. DESIGNATION OF THE BONDS. Each bond issued pursuant to this Ordinance shall be designated: "CITY OF DENTON GENERAL OBLIGATION REFUNDING BOND, SERIES 2004", and initially there shall be issued, sold, and delivered hereunder a single fully registered bond, without interest coupons, payable in installments of principal (the "Initial Bond"), but the Initial Bond may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, having serial maturities, and in the denomination or denominations of $5,000 or any integral multiple of $5,000, all in the manner hereinafter provided. The term "Bonds" as used in this Ordinance shall mean and include collectively the Initial Bond and all substitute bonds exchanged therefor, as well as alt other substitute bonds and replacement bonds issued pursuant hereto, and the term "Bonds" shall mean any of the Bonds. Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE iNITIAL BOND. (a) The Initial Bond is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Bond, without interest coupons, dated MAY 1, 2004, in the denomination and aggregate principal amount of $4,935,000, numbered R-I, payable in annual installments of principal to the initial registered owner thereof, to-wit: RBC DAIN RAUSHER INC. or to the registered assignee or assignees of said Bond or any portion or potions thereof (in each case, the "registered owner"), with the annual immfllments of principal of the Initial Bond to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF iNITIAL BOND set forth (b) The Initial Bond (i) may be prepaid or redeemed prior to the respective scheduled due dates of installments of principal thereof, (ii) may be assigned and transferred, (iii) may be converted and exchanged for other Bonds, (iv) shall have the characteristics, and (v) shall be signed and sealed, and the principal of and interest on the Initial Bond shall be payable, ail as provided, and in the manner required or indicated, in the FORM OF INITIAL BOND set forth in this Ordinance. BRIZ: 0705.062~DENTON- G0~REF -2004~4-27-2004 -CaO-RE F- Ordinaa =e Section 4. INTEREST. The unpaid principal balance of the Initial Bond shall bear interest from the date of the Initial Bond to the respective scheduled due dates, or to the respective dates of prepayment or redemption, of the installments of principal of the Initial Bond, and said interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM OF INITIAL BOND set forth in lhis Section 5. FORM OF INITIAL BOND. The form of the Initial Bond, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be endorsed on the Initial Bond, shall be substantially as follows: FORM OF I~TIAL BOND NO. R-~ $4,935,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DEI'aTON CITY OF DENTON GENERAL OBLIGATION REFUNDING BOND SERIES 2004 TI-~ CITY OF DENTON, in Denton County, Texas (the "Issuer" or the "City"), being a political subdivision of the State of Texas, hereby promises to pay to RBC DAIN RAUSCHER iNC. or to the registered assignee or assignees of this Bond or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of $4,935,000 (FOUR MILLION NINE HUNDRED THIRTY F1VE THOUSAND DOLLARS) in annual installments of principal due and payable on FEBRUARY 15 in each of the years, and in the respective principal amounts, as set forth in the following schedule: PRINCIPAL PRINC2~ YEAR AMOUNT YEAR AMOUNT and to pay interest, calculated on the basis of a 360-day year composed of twelve 30-day months, fxom the date of this Bond hereinafter stated, on the balance of each such installment of principal, respectively, from time to time remaining unpaid, at the rotes as follows: BR1Z; 0705.062~DElqTOIq-GO-l~.EF-2004\4-27-200~CJO KEF-Ordinance ^p~, 27, ~oo4 3 per annum on the above installment due in 2005 per annum on the above installment due in 2006 per annum on the above installment due in 2007 per annum on the above installment due in 2008 per annum on the above installment due in 2009 per annum on the above installment due in 2010 per annum on the above installment due in 2011 per annum on the above installment due in 2012 per annum on the above installment due in 2013 per annum on the above installment due in 2014 per annum on the above installment due in 2015 per annum on the above installment due in 2016 with said interest being payable on AUGUST 15, 2004, and semiannually on each FEBRUARY 15 and AUGUST 15 thereal%er while this Bond or any portion hereof is outstanding and unpaid. II-IE INSTALLMENTS OF PRINCIPAL OF AND qI-IE INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The installments of principal and the interest on this Bond are payable to the registered owner hereof through the services of JPMORGAN CHASE BANK, DALI_AS, TEXAS, which is the "Paying Agent/Registrar" for this Bond. Payment of all principal of and interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check, dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the issuer required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the last day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. The Issuer covenants with the registered owner of this Bond that on or before each principal and/or interest payment date for this Bond it will make available to the Paying Agent/Registrar, f~om the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this Bond, when due. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND has been authorized in accordance with the Constitution and laws of the State of Texas FOR 'IIqE PURPOSE OF OBTAINING FLrNDS REQUIRFI) TO REFUND $4,670,000 IN AGGREGATE PRINCIPAL AMOUNT OF TAX SUPPORTED OBLIGATIONS OF THE CITY OF DENTON, TEXAS. BRIZ: 0705. ~ 2~D 5IqTON-C,O-RtS~-201M\4-27- 20Cat -GO -KEF -Onlin an¢ ¢ April 27, 2004 4 ON FEBRUARY 15, 2014, or on any date whatsoever thereafter, the unpaid installments of principal of this Bond may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as a whole, or in part, at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption. If less than all of the Bonds are to be redeemed, the issuer may select the maturities of the Bonds to be redeemed. If less than all of the Bonds of any maturity are to be redeemed, the Paying Agent/Registrar shall determine by lot the Bonds, or portions thereof, within such maturity to be redeemed. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof. By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying AgenffRe~ for the payment of the required prepayment or redemption price for this Bond or the portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision for such payment is made, ali as provided above, this Bond, or the portion thereof which is to be so prepaid or rede~a~ed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the fight of the registered owner to receive the prepayment or redemption price plus accrued interest to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the fimds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Bond or any portion hereof. THIS BOND, to the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of $5,000, may be assigned by the ~ registered owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such transfer, this Bond must be presented and surrendered to the Paying Agent/Regislrar for cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner of this Bond, or any portion or portions hereof in any integral multiple of $5,000, to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. Any instrument or instruments of assignment satisfactory to the Paying AgenVRegistrar may be used to evidence the assignment of this Bond or any such portion or portions hereof by the initial registered owner hereof. A new bond or bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds) or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond or any portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the conversion and exchange of this Bond or any portion hereof. The registered owner of this Bond shrill be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. AS PROVIDED above and in the Bond Ordinance, this Bond, to the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged for a like aggregate principal mount of fully registered bonds, without interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion BRIZ: 0705. C62'~DENTON-GO-l~- 2004\4- 27 -2004- GO-REF- Ordiran~ Apd] 27, 2004 5 of this Bond which is not being assigned and transferred by the initial registered owner, in any denx~mination or denominations in any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute bond issued in exchange for any portion of this Bond shall have a single stated principal maturity date), upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. If this Bond or any portion hereof is assigned and transferred or converted each bond issued in exchange for any portion hereof shall have a single stated principal maturity date corresponding to the due date of the installment of principal of this Bond or portion hereof for which the substitute bond is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of princ~al or portion thereof. Such bonds, respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the corresponding installment of principal of this Bond or portion hereof for which they are being exchanged. No such bond shall be payable in installments, but shall have only one stated principal maturity date. AS .PROVIDED IN THE BOND ORDINANCE, THIS BOND IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the bonds issued and delivered in exchange for this Bond or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Bond Ordinance. The Issuer shall pay the Paying AgenffRegistrafs standard or customary fees and charges for transferring, converting, and exchanging this Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for prepayment or redemption prior to maturity, within 45 days prior to its prepayment or redemption date. 1N THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Bond. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly voted, authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a general obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged irrevocably for such payment, within the limit prescribed by law. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, amd agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between the registered owner hereof and the Issuer. BRiZ: 07~5.062~DEIqTON- GO-REF-201M\4- 27 -2004-GO-REF-0rdinan¢ e 27, 2~04 6 IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile signature of the Mayor of the Issuer and countersigned with the manual or facsimile signature of the City Secretary of the Issuer, bas caused the official seal of the Issuer to be duly impressed on this Bond, and has caused this Bond to be dined MAY 1, 2004. City Secretary, City of Denton, Texas Mayor, City of Denton, Texas (crrY SEAL) (INSERT BOND INSURANCE LEGEND, IF ANY) FORM QF REGISTRATION CERTIFICATE OF THF~ COMPTROLLER OF PUBLIC ACCOUNTS: (To be attached to Initial Bond only) COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accotmts of the State of Texas. Wimess my signature and seal this Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) Section 6. ADDITIONAL CHARACTERISTICS OF THE BONDS...Registration and Transfer. (a) The Issuer shall keep or cause to be kept at the principal corporate trust office of IPMORGAN CHASE BANK, DALLAS, TEXAS (the "Paying AgenffRegistrar") books or records of the registration and transfer of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and registrations as herein provided. The Paying AgenffRegistrar shall obtain and record in the Registration Books the address of the registered owner of each Bond to which BRIZ: 0705~ 062~DElqTON430-RI~-21~34%4- 27 -2004- GO-REF- Ordinance April 27, 2(~4 7 payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, bm otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Bond may be transferred in the Registration Books only upon presentation and surrender of such Bond to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying AgentYRegistmr, (i) evidenc- ing the assignment of the Bond, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have the Bond or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Bond or any portion thereof, a new substitute Bond or Bonds shall be issued in conversion and exchange therefor in the manner herein provided. The Initial Bond, to the extent of the unpaid or unredeemed principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only, and to one or more assignees designated in writing by the initial registered owner thereof. All Bonds issued and delivered in conversion of and exchange for the Initial Bond shall be in any denomination or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated principal maturity date), shall be in the form prescribed in the FORM OF SUBSTITIYYE BOND set forth in this Ordinance, and shall have the characteristics, and may be assigned, transferred, and convermd as hereinafter provided. If the Initial Bond or any portion thereof is assigned and transferred or converted the Initial Bond must be surrendered to the Paying Agent/Registrar for cancellation, and each Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged; and each such Bond shall bear interest at the single rote applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If only a portion of the Initial Bond is assigned and trans- ferred, there shall be delivered to and registered in the name of the initial registered owner substitute Bonds in exchange for the unassigned balance of the Initial Bond in the same manner as if the initial registered owner were the assignee thereof. If any Bond or portion thereof other than the Initial Bond is assigned and transferred or converted each Bond issued in exchange therefor shall have hhe same principal maturity date and bear interest at the same rote as the Bond for which it is exchanged. A form of assignment shall be printed or endorsed on each Bond, excepting the Initial Bond, which shall be executed by the registered owner or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any Bonds or any portion or portions thereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new fully registered substitute Bond or Bonds, having the characteristics herein described, payable to such assignee or assignees (which then will be the registered owner or owners of such new Bond or Bonds), or to the previous registered owner in case only a portion of a Bond is being assigned and transferred, all in conversion of and exchange for said assigned Bond or Bonds or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in Section 6(d), below, for the conversion and exchange of Bonds by any regis- tered owner of a Bond. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer and delivery of a substitute Bond or Bonds, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of any Bond or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending with the BRIZ: 0705.062~DENT Olg-CsO-REIe- 2004\4 -27-Z004- GO- REF- Ordinartc~ April 27, 2004 opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (b) Ownership of Bonds.. The entity in whose name any Bond shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such Bond shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such Bond shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the stun or sums so paid. (c) Payment of Bonds and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the princ/pal of and interest on the Bonds, and to act as its agent to convert and exchange or replace Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of ail conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Bond appearing on the registration hooks of the Paying Agent/Registrar at the close of business on the 15th business day next preceding the date of mailing of such notice. (d) Conversion and Exchanee or Replacement: Authenticafior~ Each Bond issued and delivered pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal balance or principal amount thereof, may, upon surrender of such Bond at the principal corporate trust office of the Paying Agent/Registr,r, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered owner or such assignee or assignees, as appropriate, be converted into and exchanged for fully registered bonds, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this Ordinance, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeemed principal balance or principal amount of any Bond or Bonds so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If the Initial Bond is assigned and Wansferred or converted each substitute Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged; and each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If a portion of any Bond (other than the Initial Bond) shall be redeemed prior to its scheduled maturity as provided herein, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rote, in the denomination or denominations of any integral multiple of $5,000 at the request of the registered owner, BRIZ: 0705.062~DElqTON430-REF~201M\4-27.2004. GO_REF_O rdlmnc ~ Av~ 27, 2~ 9 and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation. If any Bond or portion thereof (other than the Initial Bond) · is assigned and transferred or converted, each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rote as *_he Bond for which it is being exchanged. Each substitute Bond shall bear a letter and/or number to distinguish it fi-om each other Bond. The Paying Agent/Regislrar shall convert and exchange or replace Bonds as provided herein, and each fully registered bond delivered in conversion of and exchange for or replacement of any Bond or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Bonds for all purposes of this Ordinance, and may again be converted and exchanged or replaced. It is specifically provided that any Bond authenticated in conversion of and exchange for or replacement of another Bond on or prior to the fwst scheduled Record Date for the Initial Bond shall bear interest from the date of the Initial Bond, but each substitute Bond so authenticated after such first scheduled Record Date shall bear interest f~om the interest payment date next preceding the date on which such substitute Bond was so authenticated, unless such Bond is authenticated after any Record Date but on or before the next following interest payment date, in which case it shatl bear interest from such next following interest payment date; provided, however, that if at the time of delivery of any substitute Bond the interest on t_he Bond for which it is being exchanged is due but has not been paid, then such Bond shall bear interest from the date to which such interest has been paid in full. THE INITIAL BOND issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange for or replacement of any Bond or Bonds issued under this Ordinance there shaI1 be printed a certificate, in the form substantially as follows: "PAYING AGENT/REGISTRAR'S ALrlI--IENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange for or replacement ora bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attomey General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated: JPMORGAN CHASE BANK, DALLAS, TEXAS Paying Agent/Registrar By Authorized Represenlafive" An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign the above Certificate, and no such Bond shall be deemed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all Bonds surrendered for conversion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Bond or portion thereof; and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein, and said Bonds shall be of type composition printed on paper with Iithographed or steel engraved borders of customary weight and strength. Pursuant to Chapter 1201, Texas Government Code, as amended, the duty of conversion and exchange or replacement of Bonds as aforesaid is hereby imposed upon the Paying BR1Z: 0705,062~D I~TON- GO-Rt~'-2004\4-27- 2004~GO ~P~F -Ordin ~e e ^p~127, 20o~ 10 Agent/Regislrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the converted and exchanged or replaced Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Bond which originally was issued pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrars standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange or replacement of Bonds or any portion thereof (i) during the period commencing with the cIose of business on any Record Date and ending with the opening of business on the next following principalor interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (e) In General. All Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, (i) shall be issued in fully registered form, wi*_hout interest coupons, with the principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) may be redeemed' prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE BOND set forth in this Ordinance. (f) Payment of Fees and Charges. The Issuer hereby covenants with the registered owners of the Bonds that it wilI (i) pay the standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Bonds, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the Wansfer of registration of Bonds, and with respect to the conversion and exchange of Bonds solely to the extent above provided in this Ordinance. (g) Substitute Paying Agent/Registrar. The Issuer covenants with the registered owners of the Bonds that at ail times while the Bonds are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agenl/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or other- wise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Bonds, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinanc~ and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. BP/Z: 0705.062~D I~ITON'4?.,O-REF -2004\4-27- 2004-GO -KEF -O~ ~811Ce ^~, 27. 2~ 11 Section 7. FORM OF SUBSTITUTE BONDS. The form of all Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, including the form of Paying Agent/RegisWafs Bond to be printed on each of such Bonds, and the Form of Assignment to be printed on each of the Bonds, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. FORM OF SUBSTITLr~ BOND (Book-Entry Only Legend, ff appropriate) NO. __ UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS $ COUNTY OF DENTON CITY OF DENTON, TEXAS GENERAL OBLIGATION REFUNDING BOND SERIES 20O4 INTEREST RATE MATURITY DATE DATED CUSIP NO. ON ~ MATURITY DATE specified above the CITY OF DENTON, in Denton Coumy, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to or to the registered assignee hereof (either being hereinafter called the "registered owner") the principal amount of and to pay interest thereon, calculated on the basis of a 360-day year composed of twelve 30-day months, from MAY 1, 2004, to the maturity date specified above, or the date of redemption prior to maturity, at the interest rote per annum specified above; with interest being payable on AUGUST 15, 2004, and semiannually on each FEBRUARY 15 and AUGUST 15 thereafter, except that if the date of authentication of this Bond is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafl~ defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid ~o the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of JPMORGAN CHASE BANK, DALLAS, TEXAS, which is the "Paying Agent/Registrar" for this Bond. The payment of interest on this BRtZ: 0705.062"DEIqTON-C-O-KEF-2004~.4- 27 -2004-CO-lKEF-Ofdinlm¢ e Apd~ 27, 20[~. 12 Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely fi.om, funds of the issuer required by the ordinance authorizing the issuance of the Bonds (the '~Bond Ordinance") to be on deposit with the Paying AgenffRegistrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the last day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. However, the payment of such interest may be made by any other method acceptable to the Paying Agent/Registrar and requested by, and at the risk and expense of; the registered owner hereof. Any accrued interest due upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner at the principal corporate trust office of the Paying Agent/Registrar upon presentation and surrender of this Bond for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date, interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the mounts required to provide for the payment, in immediately available funds, of ail principal of and interest on the Bonds, when due. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, tegal holiday, or day on which banking institutions are authorized to dose; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND is one of an issue of Bonds initially dated MAY 1, 2004, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $4,935,000, FOR ~ PURPOSE OF OBTAINING FUNDS REQUIRED TO REFUND $4,670,000 IN AGGREGATE PRINCIPAL AMOUNT OF TAX SUPPORTED OBLIGATIONS OF THE CITY OF DENIXDN, TEXAS. ON FEBRUARY 15, 2014, or on any date whatsoever thereafter, the Bonds of this Series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, at the redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for redemption~ If less than all of the Bonds are to be redeemed, the Issuer may select the maturities of the Bonds to be redeemed. If less than all of the Bonds of any maturity are to be redeemed, the Paying Agent/Registrar shall determine by lot the Bonds, or portions thereof, within such maturity to be redeemed. AT LEAST 30 days prior to the date fixed for any redemption of Bonds or portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, at least 30 days prior to the date fixed for any such redemption, to the registered owner of each Bond to be redeemed at its address as it appeared on the 45th day prior to such redemption date and to major securities depositories, national bond rating agencies and bond information services; provided, however, that the failure of the registered owner to receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond. By the date fixed for any such redemption due provision shall be made with BPJZ: 0705.062%D ENTON- C_*O -REF -2004\ 4 -27-2(104 ~GO rREF. C~d~ma ee the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or portions thereof that are to be so redeemed. If such written notice of redemption is sent and if due provision for such payment is made, all as provided above, the Bonds or portions thereof that are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Bond shall be redeemed, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rote, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal mount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance. THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and sun'endered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Regis~ar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. The form of Assigmnent printed or endorsed on this Bond shall be executed by the registered owner or its duly authorized attorney or representative, to evidence the assignment hereof. A new Bond or Bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Bond, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Bonds. The Issuer shall pay the Paying Agent/Registrars standard or customary fees and charges for making such transfer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Regi~ shall not be required to make transfers of registration of this Bond or any portion hereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all proposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, BP/Z: 0705.062~D~NTON-GO-REF-2004\4 ~27-2004- U_~O.P-~F. Ol'~tl~al ¢¢ ^~ 27, 2004 14 and exchanging any Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to matur- ity, within 45 days prior to its redemption date. IN II-IE EVENT any Paying Agent/Regis~xar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly voted, authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a general obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged irrevocably for such payment, within the limit prescribed by law. BY BECOMING the registered owner of t_his Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the goveming body of the Issuer, and agrees that the terms and pmvisious of this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile signature of the Mayor of the Issuer and countersigned with the manual or facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond. City Secretary, City of Denton, Texas Mayor, City of Denton, Texas (crrv SEAL) (INSERT BOND INSURANCE LEGEND, IF ANY) BRtZ: 0705 .C62~DEIqTON-CjO-1t. EF -2004~4 -27-2 ¢04 -GO -REF- Orditt an ce ^v~ 27. 20e4 15 FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATF. PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Bond is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange for or replacqment of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. JPMORGAN CHASE BANK, DALLAS, TEXAS Paying Agent~eg~trar Dated By.. Authorized Representative FORM OF ASSIGNMENT: ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized representative or attorney thereof, hereby assigns this Bond to / / (Assignee's Social Security or Taxpayer Identification Number) (print or typewrite Assignee's nmne and address, including zip code) and hereby irrevocably constitutes and appoints attorney m transfer the registration of this Bond on the Paying AgenffRegistrar's Registration Books with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: The signature to this Assignment must be guaranteed by a financial institution that is a member of the Securities Transfer Agents Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SE1MP") or the New York Stock Exchange, Inc. Medallion Signature Program ("MSP"). Registered Owner NOTE: The signature to this Assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without enlargement or alteration or any change whatsoever. BRIZ: 0705, 062~DElqTON~JO~iLEF-2004\4- 27 -2004- GO-REF-OrdiliRiie¢ April 27, 2004 t 6 Section 8. (a) TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking Fund") is hereby created solely for the benefit of the Bonds, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer. The Interest and Sinldng Fund shall be kept separate and apart f~om all other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal of the Bonds. All ad valorem taxes levied and collected for and on account of the Bonds, together with any premium received f~om the sale of the Bonds, shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Bonds or interest thereon are outstanding and unpaid, the governing body of the Issuer shall compute and ascertain a rate and amount of ad valorem tax which wiI1 be sufficient to raise and produce the money required to pay the interest on the Bonds as such interest becomes due, and to provide and maintain a sinking fund adequate to pay the principal of its Bonds as such principal matures (but never less than 2% of the originaI principal amount of the Bonds as a sinking fund each year); and said tax shall be based on the latest approved tax roils of the Issuer, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all tamable property in the Issuer for each year while any of the Bonds or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinldng Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. (b) APPROPRIATION. There is hereby appropriated from surplus funds of the Issuer now on hand and lawfully available for such purpose, and shall be deposited into the Interest and Sinking Fund for the Bonds, the amount of money required to pay the principal and interest coming due on the Bonds on August 15, 2004. The money thus appropriated and deposited shall be used for no purpose other than to pay said principal and interest on the Bonds. The appropriate officials of the Issuer are hereby authorized and directed do any and all things necessary or convenient to accomplish said appropriation and deposit. Section 9. DEFEASANCE OF BONDS. (a) Any Bond and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (inc- luding the giving of any required notice of redemption), or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such payment (1) lawful money of the Uni~ States of America sufficient to make such payment or (2) Government Obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Bonds shall have become due and payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured by, payable f~om, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Government Obligations. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Government Obligations received by the Paying Agent/Registrar which is not BRIZ: 0705.0fi 2~) ENTOBI- GO~R~F-2004\4-27- 2004-GO .REF .Ordin m~¢ e April 27, 20~4 1 7 required for the payment of the Bonds and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. (c) The term "Government Obligations" as used in this Section shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, which may be in book-entry form. (d) Unlil ail Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. Section I0. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a) R lacement Bonds. In the event any outstanding Bond is damaged, mutilated, Iost, stolen, or destroyed, the Payiiag Agent/Registrar shall cause to be printed, executed, and delivered, a new bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. (b) Apolication for Revlacen~.. ent Bonc[q~ Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, the~ or destruction of a Bond, the registered owner applying for a replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless bom any loss or damage with respect thereto. Also, in every case of loss, theft, or deslruction of a Bond, the registered owner shall furnish to the Issuer and the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be. In every case of damage or mutil fion of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Sect/on, in the event of any such Bond shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the ease of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing...Reolacexnent Bonds. Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or deslroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and ail other Bonds duly issued under this Ordinance. (e) Authority for Issuing Rer~lacement Bonds. In accordance with Chapter 1201, Texas Government Code, this Section 10 of this Ordinance shall constitute authority for the issuance of any such replacement bond without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying BRJZ: 0705.062~DENTON- GO-RI~ -2004\4.27-2004. GO- R~.~. Omllnan c¢ ^~i~ ~7, 2~ 18 Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with the effect, as provided in Section 6(d) of this Ordinance for Bonds issued in conversion and exchange for other Bonds. Section 11. COVENANTS REGARDING TAX-EXEMPT[ON. The Issuer covenants to refrain from taking any action which wood adversely affect, and to take any action required to ensure, the treatment of the Bonds as obligations described in section 103 of the Code, the interest on which is not includable .in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (a) to take any action to assure that no more than t0 percent of the proceeds of the Bonds (less amounts deposited to a reserve fund, if any) are used for any "private business use", as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds are so used, that amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bonds, in contravention of Section 141(b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate", within the meaning of section 141(?0)(3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other thart state or local governmental units, in contravention of Section 141(c) of the Code; (d) to refrain from taking any action which would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of Section 141('o) of the Code; (e) to reft-aha from taking any action that would result in the Bonds being "federally guaranteed" within the meaning of Section 149(b) of the Code; (f) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in Section 148(bX2) of the Code) which produces a materially higher yield over the term of the Bonds, other than investment property acquired with -- (1) proceeds of the Bonds invested for a reasonable temporary period of 30 days or less until such proceeds are needed for the purpose for which the Bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of Section 1.148-1(1>) of the Treasury Regulations, and BPJZ: 0705.062~I)E3rroN-CO-REF-2004\4-27-2~0~GO R.EF-Ordinmce ^~ 27, 200~ 19 (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such mounts do not exceed 10 percent of the stated principal amount (or, in the case of a discount, the issue price) of the proceeds of the Bonds; (g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of Section 148 of the Code (relating to arbitrage) and, to the extent applicable, Section 149(d) of the Code (relating to advance refundings); (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings", within the meaning of section 148(0 of the Code and to pay to the United States of America, not later that 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(0 of the Code; and The Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any)and proceeds of the refunded bonds expended prior to the date of issuance of the Bonds. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under Section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally-recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under Section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor of the Issuer to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, which may be permitted by the Code as are consistent with the purpose for the issuance of the Bonds. In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and such Fund shall not be subject to the claim of any other person, including without limitation the bondholders. The Rebate Fund is established for the additional purpose of compliance with Section 148 of the Code. Section 12. DISPOSITION OF PROJECT. The Issuer covenants that the property constituting the Project originally financed by the Outstanding Obligations will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such sale or other disposition wilt not adversely affect the tax-exempt status of the Bonds. For purposes of the foregoing, the portion of the property comprising personal property and disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant flit obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. BK1Z: 0705,062'~DI52qTON- O-_xO~REF- 200~\4-27 -2004- GO- REF-Ol'dinan ¢¢ Section 13. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPINION, CUSIP NUMBERS, PREAMBI~ AND INSURANCE. The Mayor of the Issuer is hereby authorized to have control of the Initial Bond issued hereunder and all necessary records and proceedings pertaining to the Initial Bond pending its delivery and its investigation, examination, and approval by the A~tor- ney General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon regislration of the Initial Bond said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptrollers Registration Certificate on the Initial Bond, and the seal of said Comptroller shall be impressed, or placed in facsimile, on the Initial Bond. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Bond or on any Bonds issued and delivered in conversion of and exchange or replacement of any Bond, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Bonds. The preamble to this Ordinance is hereby adopted and made a part hereof for all purposes. If insurance is obtained on any of the Bonds, the Initial Bond and all other Bonds shall bear an appropriate Iegend concerning insurance as provided by the insurer. Section 14. DTC REGISTRATION. The Bonds initially shall be issued and delivered in such manner that no physical distribution of the Bonds will be made to the public, and the Depository Trust Company ("DTC'), New York, New York, initially wilt act as depository for the Bonds. DTC has represented that it is a limited purpose trust company incorporated under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered under Section 17A of the federal Securities Exchange Act of 1934, as amended, and the Issuer accepts, but in no way verifies, such representations. The Initial Bond authorized by this Ordinance shall be delivered to and registered in the name of the Chase Securities of Texas, as Underwriter (the "Purchaser"). However, it is a condition of delivery and sale that the Purchaser, immediately after such delivery, shall cause the Paying Agent/Registrar, as provided for in this Ordinance, to cancel said Initial Bond and deliver in exchange therefor a substitute Bond for each maturity of such Initial Bond, with each such substitute Bond to be registered in the name of CEDE & CO., the nom/nee of DTC, and it shall be the duty of the Paying AgenffRegistrar to take such action. It is expected that DTC will hold the Bonds on behalf of the Purchaser and/or the Direct Participants, as defined and described in the Official Statement referred to and approved in Section 16 hereof (the "DTC Participants"). So long as each Bond is registered in the name of CEDE & CO., the Paying Agent/Regislrar shall treat and deal with DTC in all respects the same as if it were the actual and beneficial owner thereof, it is expected that DTC will maintain a book entry system which will identify beneficial ownership of the Bonds by DTC Participants in integral amounts of $5,000, with transfers of ownership being effected on the records of DTC and the DTC Participants pursuant to rules and regulations established by them, and that the substitute Bonds initi~y deposited with DTC shall be immob'~xxi and not be further exchanged for substitute Bonds except as hereinatter provided. The Issuer is not responsible or liable for any functions of DTC, will not be responsible for paying any fees or charges with respect to its services, will not be responsible or liable for maintaining, supervising, or reviewing the records of DTC or the DTC Participants, or protecting any interests or fights of the beneficial owners of the Bonds. It shall be the duty of the Purchaser and the DTC Partici- pants to make all arrangements with DTC to establish this book-entry system, the beneficial ownership of the Bonds, and the method of paying the fees and charges of DTC. The Issuer does not represent, nor does it in any way covenant that the initial book-entry system established with DTC will be maintained in the future. The Issuer reserves the right and option at any time in the future, in its sole discretion, to terminate the DTC (CEDE & CO.) book-entry only registration requirement described above, and to permit the Bonds to be registered in the name of any owner. If the Issuer exercises its right and option to terminate such quirement, it shall give written notice of such termination to the Paying Agent/Registrar and to DTC, and BRLZ: 0705.062kl)EIqTON-CrO-RI~ -200~\4-27-2004. GO.I~EF. Ordinan ¢¢ 27, 2004 2 1 thereafter the Paying Agent/Registrar shall, upon presentation and proper request, register any Bond in any name as provided for in this Ordinance. Notwithstanding the initial establishment of the foregoing book-entry system with DTC, if for any reason any of the originalIy delivered substitute Bonds is duly filed with the Paying Agent/Registrar with proper request for transfer and substitution, as provided for in this Ordinance, substitute Bonds will be duly delivered as provided in this Ordinance, and there will be no assurance or representation that any book-entry system will be maintained for such Bonds. Section 15. SALE OF INITIAL BONDS. The Initial Bond is hereby sold and shall be delivered to RBC Dain Rausher Inc., as underwriter, in accordance with the Bond Purchase Agreement dated the date of this meeting and presented to the City Council of the City at this meeting. The Mayor of the Issuer is authorized and directed to execute, on behalf of the Issuer, said Bond Purchase Agreement in the form and substance submitted at this meeting. Section 16. OFFICIAL STATEMENT. An Official Statement dated as o£the date of this meeting has been prepared in connection with the sale of the initial Bond and the Bonds, in the form and substance submitted at this meeting. Said Official Statement and any supplement or addenda thereto have been and are hereby approved, and their use in the offer and sale of the Bonds is hereby approved. I~ is further officially found, determined, and declared that the statements and representations contained in said Official Statement are tree and correct in all material respects, to the best knowledge and belief of the Issuer. The distribution and use of the Preliminary Official Statement dated April ~ 2004, prior to the date hereof is hereby ratified and approved. Section 17. REFUNDING OF OUTSTANDING BONDS. That concurrently with the delivery of the Initial Bond the Issuer shall deposit an mount from the proceeds from the sale of the Initial Bond, with JPMorgan Chase Bank, as Escrow Agent, sufficient, together with other available amounts, to refund all of the Outstanding Bonds in accordance with Chapter 1207, Texas Government Code, as amende& The Issuer hereby authorizes the execution of the Escrow Agreement dated as of May 1, 2004 between the Escrow Agem and the Issuer. The Mayor of the Issuer is authorized and directed to execute, on behalf of the Issuer, said Escrow Agreement in the form and substance presented to this meeting. It is hereby found and determined that the refunding of the Outstanding Bonds is advisable and necessary in order to restructure the debt service requirements and procedures of the Issuer, and that the debt service requirements on the Bonds will be less than those on the Outstanding Bonds, resulting in a reduction in the amount of principal and interest which otherwise would be payable both on an actual and a present value basis. Section 18. REDEMPTION OF OUTSTANDING BONDS. There is attached hereto as Exhibit A and made a part hereof for all purposes a list and description of certain City of Denton General Obligation Bonds and City of Denton Certificates of Obligation, which bonds and certificates are hereby called for redemption, and shall be redeemed, prior to their scheduled maturities, on the date, at the place, and at the price, set forth therein; the Issuer shall cause the appropriate notices of such redemption to be given in accordance with the requirements of the respective proceedings authorizing the issuance of such bonds; and due provision shall be made by the Issuer in accordance with law for the payment of the redemption price of said bonds by the place of payment (paying agent) for such bonds. Section 19. REASONS FOR REFUNDING. The City Council of the Issuer deems it advisable to refund the Outstanding Bonds in order to achieve debt service savings on its outstanding tax debt; with a gross debt service savings of approximmely $ and a present value savings of $ BRIZ: 0705 0fi2~[>ENTOlq-GO~llkl~-2004\4-27-2004-GO-REF4)rdinance Section 20. INSURANCE. The Issuer approves the insurance of the Bonds by , and the payment of such premium and complies with all of the terms of the insurance commitment, which are hereby adopted as pan of the Ordinance. Section 21. CONTINUING DISCLOSURE. (a) ~ (i) The Issuer shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after 2003, financial information and operating data with respect to the Issuer of the general type included in the final Official Statement authorized by Section 16 of this Ordinance, being the information described in Exhibit B hereto, which Exhibit is attached to and incorporated in this Ordinance as if written word for word herein. Any financial statements so to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit B hereto, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to state law or regulation, and (2) audited, ff the Issuer commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the Issuer shall provide unaudited financial statements by the required time and will provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements become available. (ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theret0fore has been provided to each NRMSIR and any SID or filed with the SEC. (b) Material Event Notices. The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment retated defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. Modifications to rights of holders of the Bonds; 8. Bond calls; 9. Defeasances; BRIZ: 0705.062~JDENTON-CrO-REF~20IM\4-27.20O4 .GO.REF.Orflin~¢e April 27, 2004 23 10. Release, substitution, or sale of property securing repayment of the Bonds; and 1 1. Rating changes. The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the Issuer to provide financial information or opemlin4~ data in accordance with subsection (a) of this Section by the time required by such subsection. (c) Limitations. Disclaimers. and Amendments. (i) The Issuer shall be obligated to observe and perform the covenants specified in this Section for so tong as, but only for so long as, the Issuer remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event will give the notice required by Subsection (b) hereof of any Bond calls and defeasance that cause the Issuer to no longer be such an "obligated person". (ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices whichit has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. ('iii) UNDER NO CIRCI_FMSTANCES SHALL THE ISSUER, ITS OFFICERS, AGENTS AND EMPLOYEEq, BE LIABLE TO TH~ REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY Tile ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BRFACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer under federal and state securities laws. (v) The provisions of this Section may be amended by the Issuer from time to time to adapt to changed ckcmstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section. as so amended, would have pea-mitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond counseD determined that such amendment BRIZ: 0705 062~DENTON-GO-R~F-2CJO4\4.27.2004. GO_REF_Oalinanc e ^p~ 27, 2004 24 will not materially impair the interest of the registered owners and beneficial owners of the Bonds. If the Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (a) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds. (d) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. '"NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. Section 22. FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary of the Issuer, and all other officers, employees, and agents of the Issuer, and each of them, shall be and they are h~reby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Bond Ordinance, the Bonds, the sale of the Bonds, the Bond Purchase Agreement, the Escrow Agreement and the Official Statement; and the Assistant City Manager/Fiscal and Municipal Services of the City shaI1 cause the expenses of issuance of the Bonds to be paid from the proceeds of sale of the Initial Bone[ In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficiem for all purposes the same as if such officer had remained in office until such delivery. Section 23. OPEN MEETINGS. The City Council has found and determined that the meeting at which this Ordinance is considered is open to the public and *.hat notice thereof was given in accordance with the provisions of the Texas Open Meetings, Law, Tex. GoVt. Code, Chapter 551, as amended. Section 24. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its passage and approval. BKIZ: 0705 062~DENTON GO-REF-2004\4-27-2004-GO-REF-Oi'dlnaa¢¢ A~i~ 27, 20o4 25 PASSED AND APPROVED this the 4th day of May, 2004. Euline Brock, Mayor ATTEST: Jennifer Walters, City Secretary By: APPROVED AS TO LEGAL FORM: Herbert L. Pmuty, City Attorney EXHIBIT A NOTICE OF PRIOR REDEMPTION THE CITY OF DENTON, TEXAS NOTICE IS HEREBY GIVEN that the City of Denton, Texas has called for redemption the outstanding Certificates or Bonds of the City described as follows: THE CITY OF DENTON (TEXAS) CERTIFICATES OF OBLIGATION, SERIES 1996, dated May 1, 1996, scheduled to mature on February 15, 2008 through February 15, 2010, aggregating $555,000 in principal amount (and being all of the oulstanding certificates of said Seties scheduled to mature on and after Febmary 15, 20083 Call date: February 15, 2006; redeemable at a redemption price of par plus accrued interest at the principal corporate offices of JPMorgan Chase Bank, Dallas, Texas, only upon presentation by the bearer thereof, plus all unmatured interest coupons appertaining thereto. THE CITY OF DENTON (TEXAS) GENERAL OBLIGATION BONDS, SERIES 1996, dated May 1, 1996, scheduled to mature on February 15, 2008 through February 15, 2012, inclusive, aggregating $740,000 in principal mount (and being aE of the outstanding bonds of said Series scheduled to mature on and alier February 15, 2008). Call date: February 15, 2006; redeemable at a redemption price of par plus accrued interest at the principal corporate offices of JPMorgan Chase Bank, Dallas, Texas, only upon presentation by the bearer thereof, plus ali unmatured interest coupons appertaining thereto. THE CITY OF DENTON (TEXAS) GENERAL OBLIGATION BONDS, SERIES i997, dated April I, 1997, scheduled to mature on February I5, 2012 through February 15, 2016, inclusive, aggregating $1,675,000 in principal amount (and being all of the outstanding bonds of said Series scheduled to mature on and a~ter February 15, 2012). Call date: February 15, 2007; redeemable at a redemption price of par plus accrued interest at the principal corporate offices of JPMorgan Chase Bank, Dallas, Texas, only upon presentation by the bearer thereof, plus all unmatured interest coupons appertaining thereto. If moneys sufficient for the payment of such redemption price are held by or on behalf of the respective paying agent, thc described Bonds shall become due and payable on the redemption date specified, and the interest thereon shall cease to accrue from and after the redemption date. In compliance with section 3406 of the Internal Revenue Code of 1986, payers making certain payments due on debt securities may be obligated to deduct and withhold 28 percent of such payment from the remittance to any payee who has failed to provide such payor with a valid taxpayer identification number. To avoid the imposition of the withholding of tax, such payees should submit a taxpayer identification number when surrendering the bonds for redemption. NOTICE IS FURTHER GIVEN that all Bonds should be submitted to the following address: JPMorgan Chase Bank J-PMORGAN CHASE BANK NOTICE OF PRIOR REDEMPTION THE CITY OF DENTON, TEXAS NOTICE IS HEREBY GIVEN that thc City of Denton, Texas b2s called for redemption the outstanding Certificates or Bonds of the City described as follows: THE CITY OF DENTON (TEXAS) CERTIFICATES OF OBLIGATION, SERIES 1995, dated February t5, 1995, scheduled to mature on February 15, 2006 through February 15, 2015, inclusive, aggn~gath~g $1,350,000 in principal amount (and being all of the outstanding certificates of said Series scheduled to mature on and after February 15, 2006). Call date: February 15, 2005; redeemable at a redemption price of par plus accrued interest at thc principal corporate offices of The Bank of New York Trust Company, N.A., Jacksonville, Florida, only upon presentation by the bearer thereof, pIus all un.matured interest coupons appertaining thereto. THE CITY OF DENTON (TEXAS) GENERAL OBLIGATION BONDS, SERIES 1995, dated February 15, 1995, scheduled to mature on February 15, 2006 through Februa~ 15, 2008 and including February 15, 2015, aggregating $350,000 in principal amount (and being ali of the outstanding bonds of said Series scheduled to mature on and after February 15, 2006). Call date: February 15, 2005; redeemable at a redemption price of par plus accmed inte~st at the principaI corporate offices of Thc Bank of New York Trust Company, N.A., Jacksonville, Florida, only upon presentation by the bearer thereof, plus all unmatured interest coupons appertaining thereto. If moneys sufficient for the payment of such redemption price are held by or on behalf of the respective paying agent, the described Bonds shall become due and payable on the redemption date specified, and the interest thereon shaI1 cease to accrue i~om and after the redemption date. In compliance with section 3406 of the Internal Revenue Code of 1986, payors making certain payments due on debt securities may be obligated to deduct and withhold 28 percent of such payment fxom the remittance to any payee who has failed to provide such payor with a valid taxpayer identification number. To avoid the imposition of the withholding of tax, such payees should submit a taxpayer identification number when surrendering the bonds for redemption. NOTICE IS FURTHER GIVEN that ail Bonds should be submitted to the following address: The Bank of New York Trust Company, N.A. 111 Sanders Creek Parkway East Syracuse, New York 13057 Arm: Helen Scanlon THE BANK OF NEW YORK TRUST COMPANY, N.A. EXHIBIT B DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following infon-nation is referred to in Section 21 of this Ordinance: Annual Financial Statements and Operating Data The financial information and operating data with respect to the Issuer to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the tables of the Official Statement referred to) below: Tables numbered 1 through 15, inclusive, under the captions "Tax Information", "Debt Service Requirements" and "Financial Information" in the Official Statement Appendix B in the Official Statement. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in the paragraph above. B-1 CITY OF DENTON CITY COUNCIL MINUTES April 2, 2004 Join Meeting of the City of DeNon City Council and the DeNon IndependeN School District Board of Trustees on Friday, April 2, 2004 at 7:30 a.m. in the Board Room at the DISD Central Services Building, 1307 N. Locust St., Denton. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill, Montgomery, Redmon and Thomson. ABSENT: None 1. Call to order; announce quorum, introductions. Mayor Brock called the Council to order and announced that a quorum was present. 2. Recognition of Denton as one of the Top 100 Music Cities. David McCullar, Director of Fine Arts, stated that Denton had been recognized as one of the Top 100 Music Cities in America. The Council coNinued a discussion regarding jurisdictional overlapping issues, including but not limited to: A. DISD PowerPoint presentation on district growth Dr. Ray Braswell, Superintendent of Schools, presented a powerpoint presentation that detailed the growth in the District and showed new developments taking place throughout Denton and the DISD district. B. Impact fee Dr. Braswell indicated that the DISD was working with the City for resolution of the impact fee issue. C. School finance Mayor Brock indicated that there was a local government crisis as a result of the Governor's response to the school finance crisis. At issue was the Governor's proposal to cap increases in appraisals and cap the total revenue local governments could have. She felt that price control did not work in either the public or the private sector and that this was the wrong approach to solving the issues. This issue would have a tremendous impact on economic development. She felt the DISD and the City should try to communicate with as many legislators as possible to make the City's and DISD's position known. Discussion poiNs included: · Schedule a join meeting with as many legislators as possible to express concerns. · Don't let this issue split the good relationship established between the DISD and the City. · Be aware of issues connected with the "school finance" issue such as including appraisal district in the school finance legislation. City of DeNon City Council Minutes April 2, 2004 Page 2 D. Crossing guards Mike Conduff, City Manager, stated that legislation allowed for a portion of the vehicle registration license fee to be used for public safety issues. The City was working with the County and Commissioners Court to have that fee added to the license fee. That fee would be charged by the County, which could keep the portion of the fee charged to resideNs outside a municipal boundary. While there were no guarantees that the proposal would pass Commissioners Court, there was the possibility of $100,000 for the City to use for public safety issues such as crossing guards. The request to add the fee to the license fee would have to be to the Department of Transportation by September 1 st in order to start collecting the fee by January 1, 2005. E. Exploration of poteNial join legislation This item was discussed with School Financing. F. Join fiber project Dr. Braswell stated that the DISD was continuing to dialog with the city on this project and there was still a potential for a partnership in the project. The DISD was working on a Request for Proposal for the project and had asked the City for help with the wording for the request. There were right-of-way issues to still work through. Discussion poiNs included: · The fiber investmeN by the City had helped the eNire city. · The City/DISD were doing a good job to meet a need that private eNerprise had not filled. G. Tax credit project Dr. Braswell indicated that the City and DISD would continue to coordinate efforts when these types of projects came before both eNities. 4. Determine next meeting date. This item was not discussed. 5. Adjourn. With no further business, the meeting was adjourned at 8:55 a.m. EULINEBROCK MAYOR CITY OFDENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 6, 2004 After determining that a quorum was preseN, the City Council convened in a Work Session on Tuesday, April 6, 2004 at 4:30 p.m. in the Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill, Montgomery, and Thomson. ABSENT: Council Member Redmon 1. The Council received a report, held a discussion and gave staff direction on an Ethics Policy and Amendments to the Code of Elections Ethics for the City of Denton. Dottie Palumbo, Assistant City Attorney, presented a draft of the ethics policy and an amendment to the Code of Elections Ethics. Council discussion included: · Prepare packets that contain all of the ethics documents for interested individuals. · The proposed policy was drafted as a positive documeN. · There were already constrains imposed from the federal, state and local levels. · Consider a recommendation to have council candidates include a coNributor's business or affiliation on the state form. Consensus of Council was to proceed with placement of the proposed ordinance on a future agenda for consideration. 2. The Council received a report, held a discussion and gave staff direction regarding the City of Denton's Emergency Management Program. Ross Chadwick, Fire Chief, preseNed an update of the emergency managemeN program. Citizen expectations for emergency management included an alert of citizens in advance of a disaster, the ability to adequately protect life and property, and to quickly and accurately assess the magnitude of all emergencies. Emergency management goals were to save lives, care for casualties, limit further casualties, limit further damage to structures and the environment, reassure and care for the public and restore the area to normal as soon as possible. Council Member Redmon arrived at the meeting. Chadwick coNinued with a matrix detailing poteNial disasters and the likelihood of occurrence in the City with the top three being flash flooding, tornado, and terrorism. He reviewed the readiness levels and the progression of authority from the local level on up to the state level. He reviewed the City's emergency plan that included the basic plan and annexes associated with the plan. 3. The Council received a report, held a discussion and gave staff direction regarding the City of DeNon utility billing life cycle and associated customer issues. City of DeNon City Council Minutes April 6, 2004 Page 2 Charles Atkinson, Customer Service Manager, stated that with the implementation of the penalty and interest for delinquent accounts, a small percentage of customers had voiced concerns with a variety of billing issues. Those concerns included billing timeline, penalty charge amoums, umimely mailing services, customer choice for billing due dates and new bill format. He detailed the billing timeline and associated procedures for delinquem accoums. Council discussions · History of delinquencies after implememation of penalty and imerest · Process for verifying accuracy of bills · Mailing procedures for the bills · Paymem methods-check, bank draft, cash · Circumstances for charging deposits · Investigate eliminating manual checks for bills 4. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of April 6, 2004. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below. 1. The following were considered in Closed Meeting: mo Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071 Receipt of legal advice from the City Attorney regarding the award of Special Commissioners and procedural options in condemnation proceedings styled The City of Denton v. Gary Jay Madrigal and Rosanne Madrigal, Cause No. ED-2003-00098 pending in the Probate Court of Denton County, Texas. Bo Deliberations regarding personnel matters - Under TEXAS GOVERNMENT CODE Section 551.074. Deliberated and discussed employmem evaluation of the City Manager, City Attorney, and Municipal Court Judge relating to the establishment of performance measures for such City Council appoimees, including matters relating to duties and discipline. Co Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Discussed and considered legal issues concerning Charter Communications d/b/a Marcus Cable Associates, L.L.C, ("Charter") in negotiations with Charter concerning the Charter Franchise Renewal and the City of Denton's participation in the Charter Consortium of Cities, City of Demon City Council Minutes April 6, 2004 Page 3 where to discuss these legal issues concerning the above stated matters with the attorneys in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas and would jeopardize the City's position in administrative proceedings or in potential litigation. Regular Meeting of the City of Demon City Council on Tuesday, April 6, 2004 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Karen Rhodes, Director of Budget and Research-City of Plano, presemed the Certificate of Achievemem of Excellence for the Comprehensive Annual Financial Report. Mayor Brock presented proclamations for "USA Gymnastics Collegiate National Championship Days" and "Safe Cats Week in Denton". B. Recognition of staff accomplishmems City Manager Conduffpresemed staff accomplishmems to the Council. 3. CITIZENS REPORTS A. The Council received citizen reports from the following: 1. Carl Young, Sr. regarding invitation to Annual Easter Egg Hunt and concern regarding the rental of a meeting room by the Vietnam Veterans of America. Mr. Young invited the Council to attend the annual Easter Egg Hum at Fred Moore Park. He also stated a concern regarding the rental of a meeting room by the Vietnam Veterans of America. The group was having difficulty reining a meeting room at the American Legion. 2. Peternia Washington regarding responsive government part 4. Ms. Washington again made comments regarding the Denton Housing Authority and the resignation of Ms. Mister. She also commented on how appointments were made to the Authority. 3. Willie Hudspeth regarding minority hiring and the tree ordinance. Mr. Hudspeth was not presem at the meeting City of DeNon City Council Minutes April 6, 2004 Page 4 4. CONSENT AGENDA Council Member Kamp requested that Item Q be pulled for separate consideration. Shawn Faulkner, 2713 Nesbitt Drive, Denton, spoke on item 4K - speed limits on Teasley Lane. He felt the proposed speed limits were still too high on Teasley Lane as there was no left turn lane imo his subdivision. Burroughs motioned, Montgomery seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of item Q. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Item 4Q was considered. Council Member Kamp stated that she wanted to pull the item to show public support for the University of North Texas. Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 2004-096 - An ordinance directing the publication of Notice of Intention to issue Certificates of Obligation of the City of DeNon; and providing for an effective date. 2004-097 - An ordinance of the City Council of the City of DeNon, Texas authorizing the City Manager to execute a Professional Services Agreemem with R. J. Covington Consulting, LLC for consulting services relating to Task Order No. 04-B, providing for DeNon Municipal Electric Rate Design and Study; authorizing the expenditure of funds therefor; and providing an effective date. R2004-013 - A resolution of the City of DeNon, Texas authorizing an application for designation as a "Preserve America" Community and endorsing the goals of the "Preserve America" program; and providing for an effective date. 2004-098 - An ordinance accepting competitive bids and awarding a comract for the purchase of wood grinding services for the City of DeNon Compost Facility; providing for the expenditure of funds therefor; and providing an effective date (Bid 3140 - Wood Grinding for Compost Facility awarded to Thelin Recycling Company, L.P. in the amoum of $.889 per cubic yard). 2004-099 - An ordinance accepting competitive bids and awarding a comract for the purchase of skate park ramps and equipmem for the City of DeNon Parks Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3146 - Skate Park Ramps and Equipmem awarded to City of Denton City Council Minutes April 6, 2004 Page 5 Kraftsman Playground and Park Equipment in the base bid amount of $29,890 plus alternates 2, 4 and 6 in the amount of $2960 for a total amount of $32,850). R2004-014 - A resolution of the City of Demon, Texas authorizing the Public Utility Commission of Texas to set the access line rate at the new CPI-Adjusted Maximum rate to be paid to the City by Certificated Telecommunications Providers pursuam to Chapter 283 of the Texas Local Governmem Code, ("HB 1777"), and providing an effective date. Approved tax refunds for the following property taxes: Tax Name Reason Amount Year ~h ~Pl~at~ Pa-¢~nt 2003 2. Chicago Title Duplicate Payment 2003 604.04 4. Davis, Brian & Bobbi Duplicate Payment 2003 731.06 ~ S a ~g ~ p~nt ~003 5 6. Fidelity National Title Duplicate Payment 2003 694.40 8. Foretravel of North Texas Duplicate Payment 2003 3,557.79 10. Hexter-Fair Title Duplicate Payment 2003 747.57 i~ rvl~ ~lp D~i~at Payment 2003 83 12. Meyers, Nina Duplicate Payment 2003 520.85 ~at ~ A~ S~Pi~nt~i ~003 6~8 8~ !4: Title Escrow Duplicate Payment 2003 938.77 16. Wells Fargo Duplicate Payment 2003 562.93 18. Westdale Carriage Square, Duplicate Payment 2003 Ltd 1,673.99 2004-100 - An ordinance amending and replacing the Emergency Managemem Plan; providing for the mitigation effects of possible hazards; preparation and measures to preserve life and minimize damages; preparation for responses during emergencies and providing for necessary assistance; and developing a system and processes necessary to return the City of Denton to a normal state of affairs after a disaster and providing an effective date. 2004-101 - An ordinance amending, repealing and replacing Chapter 9 of the Code of Ordinances "Emergency Management"; creating an Office of Emergency and Disaster Management, Director of Disaster and Emergency Services, and other offices; providing for an Emergency Management Plan, providing definitions; providing for a declaration of a disaster proclamation; providing for suspension of laws and the powers of the Mayor during an emergency/disaster; City of Demon City Council Minutes April 6, 2004 Page 6 providing for a penalty not to exceed $2,000 and a civil penalty not to exceed $5,000 for violation of this ordinance; providing for a severability clause; and providing an effective date. Jo 2004-102 - An ordinance of the City of Demon, Texas terminating that certain airport lease dated November 6, 2001, by and between the City of Demon, Texas and Paul Bridges; authorizing the City Attorney or his designee to take appropriate legal action, if necessary to effectuate the termination; and providing an effective date. Ko 2004-103 - An ordinance of the City of Demon, Texas, repealing ordinance number 96-273 and amending Chapter 18 of the Code of Ordinances by adding Section 18-73; altering the prima facie speed limits established for vehicles under the provision of Transportation Code, Section 545.356 upon Teasley Lane or FM 2181 or parts thereof, within the incorporate limits of the City of Denton; providing a penalty not to exceed $200.00; providing a severability clause, providing for publication; and declaring an effective date. Lo 2004-104 An ordinance authorizing the Mayor to execute an Interlocal Cooperation Agreemem between the City of Demon and Demon County for the impoundmem and disposition of dogs and cats and the collection of fees pursuam to the provisions of said agreement; and providing for an effective date. Mo 2004-105 - An ordinance of the City of Demon, Texas amending Chapter 21, Article I of the Code of Ordinances of the City of Demon by adding a section prohibiting soliciting near automated teller machines which are located in public places; providing a savings clause; providing a severability clause; providing a penalty not to exceed five hundred dollars; and declaring an effective date. N. Approved the minutes of March 2, and March 23, 2004. Oo 2004-106 - An ordinance of the City of Demon, Texas authorizing paymem of the award of Special Commissioners into the Registry of the Court in condemnation proceeding styled The City of Denton, Texas v. Gary Jay Madrigal and Rosanne Madrigal, Cause No. ED-2003-00098 pending in the probate court of Demon County, Texas; and declaring an effective date. Po 2004-107 - An ordinance authorizing the City Manager to execute change order number one to the contract between the City of Denton and Techline, Inc.; providing for the expenditure of funds therefor; and providing an effective date (Bid 3043 - Annual Price Agreemem for Electric Distribution Cables Change Order Number One in the estimated amoum of $100,000). Qo R2004-015 - A resolution by the City Council of the City of Demon, Texas, supporting the efforts by the University of North Texas to gain membership in Conference USA; and providing for an effective date. City of DeNon City Council Minutes April 6, 2004 Page 7 5. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of ordinances allowing the negotiation of the best bid for a lease for an Oil and Gas Non-Drill Site/Pooling Agreemem with the bidders and city owned land: Dottie Palumbo, Assistam City Attorney, presented the details of the items. The Mack Park site had only one bidder, HEP Oil company. The City would receive $5,910.50 bonus and a 25% royalty imerest. No drilling would be allowed on Mack Park and the land would be pooled and drilled off a well on adjacem property. Trio Consulting and Managemem Company submitted the only bid for the Lake Forest Park site. The City would receive $15,576.75 bonus and a 23% royalty imerest. No drilling would be allowed on Lake Forest Park and the land would be pooled and drilled off a well on adjacem property. Enexco, Inc. submitted the best bid for drilling at the Airport site. The City would receive $8,400 bonus and a 20% royalty imerest. No drilling would be allowed on the Airport Open Space Park and the land would be pooled and drilled from a well on adjacem property. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Burroughs motioned, Kamp seconded to adopt the ordinance for A.1. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Burroughs motioned, McNeill seconded to adopt the ordinance for A.2. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Kamp motioned, Thomson seconded to adopt the ordinance for A.3. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 2004-108 - An ordinance allowing the negotiation of the best bid for a contract for an Oil and Gas Non-Drill Site/Pooling Agreement at Mack Park with HEP Oil Company, Ltd. and allowing the City Manager to execute a Lease as long as the Lease is in substantially the same form as the City's Standard Lease; and providing an effective date. 2004-109 - An ordinance allowing the negotiation of the best bid for a contract for an Oil and Gas Non-Drill Site/Pooling Agreement at Lake Forest Park with Trio Consulting & Management, L.L.C. and allowing the City Manager to execute a Lease as long as the Lease is in substantially the same form as the City's Standard Lease; and providing an effective date. City of DeNon City Council Minutes April 6, 2004 Page 8 2004- 110 - An ordinance allowing the negotiation of the best bid for a contract for an Oil and Gas Non-Drill Site/Pooling Agreement at the Airport Open Space Park with Enexco, inc. and allowing the City Manager to execute a Lease as long as the Lease is in substantially the same form as the City's Standard Lease; and providing an effective date. B. The Council held a public hearing and considered adoption of an ordinance approving a Detailed Plan for Planned Developmem 115 (PD-115) for approximately 9.1 acres. The property was generally located at the southwest comer of US Highway 77 and Bonnie Brae. A church was proposed. The Planning and Zoning Commission recommended approval (7-0). (Z03-0032, Planned Development 115 - Northlake Baptist Church) Kelly Carpenter, Director of Planning and Development, presented the details of the proposal. A 10,000 square foot church was proposed. No opposition had been received to the proposal. The proposed tree canopy exceeded the requirements of the Code as well as the landscaping for trees. The Planning and Zoning Commission had recommended approval including the proposed 62- foot high cross. The Mayor opened the public hearing. The following individual spoke during the public hearing: Mike Allen, represeming the church - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-111 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A DETAILED PLAN FOR APPROXIMATELY 9.1 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT AND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF US HIGHWAY 77 AND BONNIE BRAE INTERSECTION AND LEGALLY DESCRIBED AS TRACT 28 IN THE N. WADE SURVEY ABSTRACT NUMBER 1407; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROViDiNG A SEVERABiLiTY CLAUSE AND AN EFFECTIVE DATE. (Z03-0032) Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 7.4 acres from a Neighborhood Residemial 2 (NR-2) zoning district to a Neighborhood Residemial 6 (NR-6) zoning district. The site was located approximately 370 feet south of Paisley Street, between Audra Lane and Mack Drive. The City of Demon City Council Minutes April 6, 2004 Page 9 Planning and Zoning Commission recommended denial of the request (6-0). (Z04-0004, Laurel Oaks DevelopmenO SUPER MAJORITY VOTE REQUIRED FOR APPROVAL. This item was withdrawn at the request of the applicant. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered approval of a resolution of the City of Demon, Texas, appointing one member and two alternates to the Board of Directors or Executive Committee of the Denton County Transportation Authority; providing a repealer; and providing an effective date. Jon Fortune, Assistant City Manager, stated that the Council had appointed Joe Roy as the City's representative to the Authority. The Interim Committee had all board members serving the same term. The last legislative session provided for staggered terms to allow for continuity on the Board. Mr. Roy had volunteered to resign in order to start the staggered terms. Staff was recommending that council reappoint Joe Roy to serve a two-year term that would expire in 2005. The following resolution was considered: NO. R2004-016 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPOINTING ONE MEMBER AND TWO ALTERNATES TO THE BOARD OF DIRECTORS OR EXECUTIVE COMMITTEE OF THE DENTON COUNTY TRANSPORTATION AUTHORITY; PROViDiNG A REPEALER; AND PROVIDING AN EFFECTIVE DATE. Redmon motioned, Montgomery seconded to accept the resignation of Joe Roy, reappoint Joe Roy with Jon Fortune and Mark Nelson serving as alternates. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance of the City of Demon, Texas prohibiting parking during certain hours on the east side of Bradshaw Street from its intersection with Wilson Street north for a distance of approximately 525 feet; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. Lt. Lynn Carter, Denton Police Department, presented the details of the proposal, which was a joim effort between the citizens living around Fred Moore Park and the Demon Police Department. This was often a seasonal problem when the weather became warm. Council discussions: Process of discussions with the neighbors History of the problems associated with the park City of Demon City Council Minutes April 6, 2004 Page 10 Target behavioral issues rather than dealing with the parking Migration of behaviors to other parts of the neighborhood The following ordinance was considered: NO. 2004-112 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING DURING CERTAIN HOURS ON THE EAST SIDE OF BRADSHAW STREET FROM ITS INTERSECTION WITH WILSON STREET NORTH FOR A DISTANCE OF APPROXIMATELY 525 FEET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABiLiTY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Redmon motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance of the City of Demon, Texas amending Chapter 16 relating to licenses, permit and business regulations by replacing Article iii titled Solicitors and Itinerant Merchants in its entirety with a new Article iii; providing a severability clause; a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. Capt. Joannie Housewright, Denton Police Department, stated that this was the final draft of the change in the solicitor's ordinance. Major changes included the naming of streets that vendors could not sell on, exemptions for agricultural vendors and exemptions for organizations that had a primary membership under the age 18. The following ordinance was considered: NO. 2004-113 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 16 RELATING TO LICENSES, PERMIT AND BUSINESS REGULATIONS BY REPLACING ARTICLE iii TITLED SOLICITORS AND ITINERANT MERCHANTS IN ITS ENTIRETY WITH A NEW ARTICLE iii; PROVIDING A SEVERABiLiTY CLAUSE; A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. City of Demon City Council Minutes April 6, 2004 Page 11 D. New Business The following item of New Business was suggested by Council for future agendas: 1. Council Member Redmon asked for a discussion with the Police Chief and staff on addressing solutions for behavioral issues affecting quality of life in Demon E. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff did not have any items for Council. F. Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Council returned to complete the earlier Executive Session. G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action taken on Closed Meeting items. With no further business, the meeting was adjourned. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 13, 2004 After determining that a quorum was presem, the City Council convened in a Planning Session on Tuesday, April 13, 2004 at 4:00 p.m. in the City Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill, Montgomery, Redmon and Thomson. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding creating a vibrant cultural life in Denton. Linda Ratliff, Director of Economic Development, presented a report on creating a vibrant cultural life in Denton. She began with a definition on vibrant and noted other areas that could be considered vibrato. Vibrato pros included an enrichmem of quality of life for citizens, attracted creative people who tended to work in creative, high-paying industries, generated activity 18-24 hours and stimulated tourism trade. Vibrato cons included an increase in crime, parking problems and traffic congestion and complaints by residents. Ratliff listed vibrant opportunities that included a fashion museum; performing arts space; conference center/meeting space; downtown hotel; downtown residential development; entertainment district that encouraged arts/entertainment related businesses to locate in the district and develop artist live/work space; create a TIF/PID/BID/MMD for funding for infrastructure or management of the district; public/private partnerships; and a downtown master plan that included "vibrant" opportunities in the implementation of the Downtown Master Plan. Herbert Holl, Greater Denton Arts Council, spoke on cultural facilities in Denton. Those facilities included the performing centers at the two universities, the Campus Theatre, the Center for Visual Arts, and area churches with performing cemers. He listed art galleries and visual arts venues. Together all of these facilities provided year-round events for Denton. Opportunities in Denton included an almost unlimited pool of local talent, proximity to DFW institutions for partnership opportunities, a growing population of people who wanted to stay in Denton for emertainmem, changing demographics, resources of educational community, and a prevailing attitude that vibrant cultural life was necessary to the community. Challenges included the reality of box office economics, the cost of land/construction, competing needs of a growing city, and the nurturing of community wide support. Council discussion: · The need for a high quality recording studio could be an economic developmem opportunity for DeNon · Denton had a high degree of talent in many areas that provided for a multitude of entertainment opportunities Kim Phillips, Manager-Convention and Visitors Bureau, stated that Denton had a unique identity over area cities in the metroplex. The Square and the Denton County Courthouse were marketing icons for DeNon. Challenges for the meeting industry included a lack of a facility for group business; cemral/permanem location that was easily accessible for unique collections such as the gown collection at TWU; lack of transportation within the community; consistent entertainment throughout the year such as upscale nightlife or more family entertainment activities. City of DeNon City Council Minutes April 13, 2004 Page 2 Council discussion: · Impact on workforce in DeNon from new conference/hotel facility in Grapevine Jason Tiner, Denton Sports Commission-Convention and Visitors Bureau, presented statistics regarding the economic impact of sports in Denton. He indicated that sports tourism involved events that brought sports teams, individuals, or fans to the community to stay overnight or for an extended time of the day. He listed several events that resulted in a large financial impact to the City such as the USA Track and Field Junior Nationals, the SunBelt Outdoor Track and Field Championships and the ASA Girls' 12 and under Class A Softball Toumamem. He estimated the economic impact of sports venues in Denton for 2004 at $1.9 million. He noted the cooperation among the various entities to assist participants in these events when they were in Denton. Council discussion: · Effect of new high school football stadium on sports venues in DeNon · Consider an ice hockey arena for DeNon Scott Wilkinson, Campus Theatre, presented information on productions held at the Campus Theatre including participants in the productions, patrons and the arts groups involved with the Theatre. There was a crisis situation for performing arts groups in Denton as there was no place to rehearse and nowhere to expand in terms adding other groups to a production schedule. Council discussion: · Commitmem from citizens for support for another Campus Theatre type project · Revitalization of other areas near the Square area for performing arts Eric Hill, owner of Hanna's and Hailey's, responded to Council's questions on how to help revitalize the downtown area. He encouraged the development of more residences above the businesses in the downtown area. Council discussion: · Regulations for residemial developmem near and around the Square · Commuter rail in the future will positively affect the downtown area · Infill incemives includes all areas of the city including the dowmown area Consensus of Council was to have staff continue investigating means for developing a vibrant cultural life in the dowmown area and bring options for Council to consider. 2. Suggestions for Agenda Committee on future agenda items and/or placement of items for upcoming agendas. City of Demon City Council Minutes April 13, 2004 Page 3 Council Member Kamp requested information on panhandling in the dowmown area. She also noted that the next Council clean up for the Council Adopt-A-Spot would be May 8 at 10:00 a.m. With no further business, the meeting was adjourned at 6:15 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: May 4, 2004 Materials Management Questions concerning this acquisition may be directed to Jim Coulter 349-7194 ACM: Kathy DuBose g'>~ SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual comract for the purchase of trucking services for the City of Denton Street Department; providing for the expenditure of funds therefore; and providing an effective date (Bid 3157-Annual Comract for Trucking Services awarded to Jagoe-Public Company in the estimated amoum of $56,000). BID INFORMATION This bid is for an annual comract for trucking services as needed by the City of DeNon. The contract is for a set hourly rate for 12-yard to 14-yard tandem dump trucks and 20-yard tandem trailers. This contract will be used to supplement our fleet in the hauling of spoil materials, gravel, concrete, asphalt, and other materials as needed. RECOMMENDATION We recommend this bid be awarded to Jagoe-Public Company in the annual estimated amoum of $56,000. PRINCIPAL PLACE OF BUSINESS Jagoe-Public Company Denton, Texas ESTIMATED SCHEDULE OF PROJECT The contractor agrees to supply trucks, trailers, and drivers within 24 hours of notification. This is an annual agreemem that may be extended for additional one-year periods if agreed to by both parties with all prices and conditions remaining the same. FISCAL INFORMATION This bid will be utilized by several City departmems on an as needed basis and will be charged to the appropriate account at that time. Agenda Information Sheet May 4, 2004 Page 2 Attachment 1: Bid Tabulation 1-AlS-Bid 3157 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1 Bid ~ 3157 Date: 4/8/04 Trucking Service Principle Place of Business: Denton, TX Denton, TX Denton, TX Per Hour, Per 2 Tandem Trailer - $65.00 $65.00 $65.00 20 plus yard dump iiiiiiiiiiiiiiii ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TRUCKING SERVICES FOR THE CITY OF DENTON STREET DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 315 7-ANNUAL CONTRACT FOR TRUCKING SERVICES AWARDED TO JAGOE-PUBLIC COMPANY IN THE ESTIMATED AMOUNT OF $56,000). 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 3157 1,2 Jagoe-Public Company 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 and to extend the contract as determined to be advamageous to the City of DeNon which shall be on file in the office of the Purchasing Agem; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quamities and specified sums comained in the Bid Proposal and related documems 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 amoum 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 3157 Exhibit A Bid # 3157 Date' 4/8/04 Trucking Service Jagoe Public Company Principle Place of Business: Denton, TX AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: May 4, 2004 Materials Management Questions concerning this acquisition may be directed to Tom Shaw 349-7100 ACM: Kathy DuBose SUBJECT Consider adoption of an Ordinance approving the purchase of job order comracting by way of an Interlocal Agreement with Denton County; providing for the expenditure of funds therefore: and providing an effective date (File 3166-Imerlocal Agreemem for Job Order Comracting with Denton County, contract awarded to Jamail Construction in the annual estimated amount of $150,000). INTERLOCAL AGREEMENT INFORMATION An Interlocal Agreement for Cooperative Purchasing was approved on October 20, 1998 with Denton County allowing the City of Denton to participate in Denton County contracts for the supply of goods and services. The City of DeNon now desires to use this Imerlocal Agreemem to award a contract to Jamail Construction for job order contracting. Job Order Comracting is a fixed price, indefinite quamity annual comract for multiple facility projects delivered on an "on-call" basis through job orders. This comract through DeNon County via its cooperative purchasing agreement will allow the City of Denton to have a general comractor "available" to design, consult, and execute remodeling projects in City facilities in a more timely and expeditious manner. Jamail Construction will be paid on a per project basis. Four Request for Proposals (RFP) for Job Order Comracting were received and evaluated by Denton County. Through the evaluation process, it was determined that it was in the best interest of Denton County to award this RFP by the coefficient used to multiply the fixed price of completing a specific job task according to the R.S. Means Book of Repair and Remodel. Jamail Construction submitted the lowest cost evaluated proposal based on the evaluation criteria established in the RFP (Attachmem 2). PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS) The City Council approved an Imerlocal Agreemem with DeNon County on October 20, 1998 (Ordinance 98-344). DeNon County Commissioners Court approved the 2002-2003 RFP and awarded a comract to Jamail Construction on September 2, 2003 (RFP No. 07-03-1574). Agenda Information Sheet May 4, 2004 Page 2 RECOMMENDATION We recommend award of this item to Jamail Construction in the annual estimated amount of $150,000. PRINCIPAL PLACE OF BUSINESS Jamail Construction Houston, TX ESTIMATED SCHEDULE OF PROJECT The term of this contract will be from the date of award to September 30, 2004 with the option to renew for two additional one-year terms. FISCAL INFORMATION The using departmem will fund individual projects. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Attachmem 2: 1-AIS-File 3166 Demon County Commissioner Court Approval Denton County Proposal Evaluation Attachment 1 DENTON COUNTY. .- COMMISSIONERS COURT. "O'~ Appr°V~ of awed for Job Order Con~ae~..~ 80%03-1574, Co~efion, ~d ~Opprop~ate action. Commtnsio~er Pet No 1 Commissioner Pct No 3 Bobble $. Mitchell Yes f Absmzt Absent ..... OtherAction: Pulled from Consent reno Action __ _Post~°~i'~i' "._._'z ..":-' ....... '... 0 I"-'. ORDINANCE NO. AN ORDINANCE APPROVING THE PURCHASE OF JOB ORDER CONTRACTING BY WAY OF AN INTERLOCAL AGREEMENT WITH DENTON COUNTY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING AN EFFECTIVE DATE (FILE 3166-INTERLOCAL AGREEMENT FOR JOB ORDER CONTRACTING WITH DENTON COUNTY, CONTRACT AWARDED TO JAMAIL CONSTRUCTION IN THE ANNUAL ESTIMATED AMOUNT OF $150,000). WHEREAS, pursuant to Court Order 03-0586, Denton County, Texas has solicited, received and evaluated competitive sealed proposals for building construction and remodeling services in accordance with the procedure of state law on behalf of the City of Denton pursuant to an Interlocal Agreement between the City and the County dated October 20, 1998 (the "Interlocal Agreement"); and WHEREAS, Jamail Construction was selected as the offeror providing the best value based on the selection criteria contained in the request for competitive sealed proposals; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described building construction and remodeling services can be purchased by the City through the Interlocal Agreement at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the building construction and remodeling services approved and accepted herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. In accordance with the Interlocal Agreement the numbered items in the following numbered purchase order for building construction and remodeling services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent are hereby accepted and approved as being the best value based on the selection criteria contained in the County's request for competitive sealed proposals for such items: FILE EST. NUMBER VENDOR AMOUNT 3166 Jamail Construction $150,000 SECTION 3. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the proposals to Denton County for such items and agrees to purchase the building construction and remodeling services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the competitive sealed proposal documents and related documents filed with Denton County (RFP 07-03-1574), and the purchase orders issued by the City. SECTION 4. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of the competitive sealed proposals awarded by the Denton County, 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 and standards contained in the proposal submitted to the Denton County, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 5. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 6. 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: 4-ORD-File 3166 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: May 4, 2004 Materials Management Questions concerning this acquisition may be directed to Jim Coulter 349-7194 ACM: Kathy DuBose SUBJECT Consider adoption of an Ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a service truck with aerial device as awarded by the State of Texas Building and Procurement Commission contract TXMAS-3-23010; providing for the expenditure of funds therefore; and providing an effective date (File 3167-Service Truck With Aerial Device awarded to Altec industries, inc. in the amount of $82,000). BID INFORMATION In September 2002, the Texas Building and Procurement Commission awarded a contract for the purchase of Vehicle-Mounted Personnel Lifts, Digger Derricks, and Cable Placers (Bucket Trucks) to Altec Industries, Inc., contract TXMAS-3-23010. This transaction is for the acquisition of a Motor Pool replacement for a 1996 model bucket truck. The truck was damaged in a vehicle accident and is not economical to repair. The replacement vehicle, an Altec Model TA-37M, has a single person bucket, a working height of 37 feet, a full service body and is mounted on a 2004 Ford cab and chassis. The unit is powered by a 325 hp diesel Tier ii engine that complies with EPA and TCEQ regulations for vehicles of this size. RECOMMENDATION We recommend award of this item to Altec Industries, Inc. in the amount of $82,000. PRINCIPAL PLACE OF BUSINESS Altec Industries, Inc. Waxahachie, TX Altec Industries, Inc. St. Joseph, MO ESTIMATED SCHEDULE OF PROJECT Delivery can be made 180-210 days after receipt of an order. Agenda Information Sheet May 4, 2004 Page 2 FISCAL INFORMATION This item will be funded from Motor Pool Replacement Funds and Risk Retention (Self- Insurance) Funds. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Price structure from TXMAS contract for Altec Industries, Inc. Attachment 2: TXMAS Award Letter 1-AlS-File 3167 Attachment 1 TXMAS CONTRACT 3-23010 QUOTE #13050 Aerial Device, Hydraulic Accessories, Body Accessories Final Assembly, Chassis and Accessories $82,000 Executive Director Rar~al! H. Riley September 12, 2002 Attachment 2 Texas Building and Procurement Commission Notice of Award CHAIR.MAcS Tom Beard COMMISSIONT_.I~ Stuart $. Coleman Noe Femanclez Bob ]one'= Mary Ap..u Newman Ricbar~ (Rick) Salwen 16303629261 Mr. Stan Schroeder Altec Industries, Inc. 2106 S. Riverside Rd. St. Joseph, MO 64507 RE: Contract No. TXMAS-3-23010 Contract Pe/'iod: 09/12/02 through 07/3t/07 Dear Mr. Schroeder: Your company has been awarded a contract under the Texas Multiple Award Schedule (TXMAS) program. The period of the contract is shown above and will coincide with the contract period of your contract, GS-30F-1028G, with the General Service.~ Administration (GSA). As stated in your contract with the State of Texas, Terms and Conditions, you are responsible for notifying the Texas Building and Procurement Commission (TBPC) within thirty (30) calendar days of any change in the status of your contract with GSA or amendments to the Federal Schedule Contract. All terms and conditions set forth in the document that you siomaed as a part of your offer to the State are made a part of this TXMAS contract. Please note that any payment due under this contract will be applied towards any debt, including but not limited to deliriquent taxes and child support that is owed to the State of Texas. Additionally, the dispute resolution process provided for in Chapter.2260 of the Texas Government Code must be used by the TBPC and the contractor to attempt to resolve all disputes arising under this contract. As set forth in Section 8 of the Contract Terms and Condition~;, a Quarterly Sales Report is required under this contract. The reporting requirement will commence for the period September through December 2002. Subsequent reports will follow the calendar quarters (i.e., January-March, April-June, July-September, October-December). 1711 San Jacinto Blvd. + P+O+ Box 13047 + Austin. Texas 78711 + (512) 463.3035 + www.tbpc.$tat¢.tx.us Altec Industries, ][nc. September 12, 2002 Page 2 In order to facilitate catalog access to TXMAS contractor catalogs, the TBPC will maintain a web page exclusive' to your TX3,IAS contract. In addition to user instructions and informational details relating to the contractor, a universal resource Iocator (URL) address is required for the contractor's catalog. The catalog may be the same as the catalog used for the GSA Advantage e-procurement program, but it must have a TXMAS identifying cover and a UR.L, exclusive to the TXMAS program. It is requested that your catalog web address be established within fourteen (14) calendar days and provided by e- mail to the TXMAS Program Unit at txmas~tbpc.state.tx.us. If you have any questions regarding this or any of the other requirements {elating to the TXMAS program, please contact Ted Maddry at 512-463-3384. Respectfully, //James R. Raile~ - - {.//Director of Procurement(.,/ ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT UNDER THE TEXAS MULTIPLE AWARD SCHEDULE (TXMAS) PROGRAM FOR THE PURCHASE OF A BUCKET TRUCK WiTH AERIAL DEVICE AS AWARDED BY THE STATE OF TEXAS BUiLDiNG AND PROCUREMENT COMMiSSiON (CONTRACT TXMAS-3-23010); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 3167-BUCKET TRUCK WITH AERIAL DEVICE AWARDED TO ALTEC INDUSTRIES, iNC. 1N THE AMOUNT OF $82,000). WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipmem, supplies or services in accordance with the procedures of state law on behalf of the City of DeNon; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipmem, supplies or services can be purchased bythe City through the Building and Procuremem programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipmem, 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 purchase order for materials, equipmem, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agem, are hereby approved: FILE NUMBER VENDOR AMOUNT 3167 Altec industries, inc. $82,000 SECTION 2. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building and Procuremem Commission for such items and agrees to purchase the materials, equipmem, supplies or services in accordance with the terms, conditions, specifications, standards, quamities and for the specified sums comained in the bid documems and related documems filed with the Building and Procuremem Commission, and the purchase orders issued by the City. SECTION 3. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, 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, speci- fications and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders 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. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 4-ORD-File 3167 AGENDA DATE: DEPARTMENT: CM: AGENDA INFORMATION SHEET May 4, 2004 Economic Development Mike Conduff SUBJECT Consider approval of a resolution by the City of Demon, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2004 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Developmem Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended; and providing for an effective date. BACKGROUND On an annual basis, the City of Demon prepares an Action Plan for submission to the US Departmem of Housing and Urban Developmem (HUD). The Action Plan serves as the City's application for Community Developmem Block Gram (CDBG) and Home Investmem Partnerships (HOME) programs. This year it will also serve as the City's application for HUD's new American Dream Downpayment Initiative program. In 2000, using a process with extensive input from citizens and local non-profit organizations, staff developed Demon's Consolidated Plan for Housing and Community Development. The Consolidated Plan is a five-year strategy detailing proposed housing, social services and public works projects benefiting low and moderate-income households and neighborhoods. Annual action plans are developed based on the strategies outlined in the Consolidated Plan. The 2004 Action Plan represents the fifth year in the City's five-year strategy. Public hearings requesting citizen input regarding the use of CDBG and HOME funds were held in November and December 2003. Application availability was advertised from November through December. Staff held application workshops in January. CDAC and HSAC reviewed applications and held funding hearings in February and March. Each committee developed a set of funding recommendations to presem to City Council. Staff has developed the 2004 Action Plan using these recommendations. Administration and American Dream Downpayment Initiative activities are also included in the Action Plan. A public hearing on the 2004 Action Plan was held on April 20, 2004. Several individuals commented on the proposed activities. A summary of comments from the public hearing and other commems received during the required 30-day commem period are included on pages 37 through 44 of the 2004 Action Plan. ESTIMATED PROJECT SCHEDULE Action Plan approval Submission of Action Plan to HUD HUD release of funds & program initiation May4,2004 June 15, 2004 Augustl, 2004 PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The Community Development Advisory Committee (CDAC) reviewed requests for housing, infrastructure and economic development funding. CDAC recommended $1,322,084 in funding for various projects. The Human Services Advisory Committee (HSAC) reviewed requests for social services program funding. HSAC developed recommendations for use of both CDBG funds and City general fund dollars. Though the list of general fund recommendations is included in the 2004 Action Plan, the approval of the Plan does not include approval of those recommendations. General fund recommendations will be considered during the normal budgeting cycle. HSAC allocated $153,963 in CDBG funding to various programs. Each committee presented these recommendations to City Council at the work session on April 20, 2004. FISCAL INFORMATION All projects and programs approved under the 2004 Action Plan are funded through CDBG, HOME or the American Dream Downpayment Initiative program. No general fund dollars are included in the proposed Action Plan activities. Some general fund dollars are used for human services program administration. EXHIBITS 1. Resolution 2. 2004 Action Plan for Housing and Community Development Respectfully submitted: Linda Ratliff Director of Economic Development Prepared by: Barbara Ross Community Development Administrator S:\Our Documents\Resolutions\04\Comm. Dev Action Plan Res.doc. 2004 RESOLUTION NO. A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A 2004 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of DeNon, Texas, is concerned with the developmem of viable urban communities, including decem housing, a suitable living environmem and expanded economic opportunities; and WHEREAS, the City of DeNon, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the City of Demon, Texas, as a CDBG emitlemem City and a HOME participating jurisdiction, has prepared, through a citizen participation process, a program for utilizing its 2004-year emitlemem funds and program income in the approximate amoum of $1,785,580; and WHEREAS, citizen participation requiremems, including the holding of public hearings, have been met; and WHEREAS, the Community Developmem Act of 1974 and the National Affordable Housing Act of 1990 require an application and appropriate certifications included in the Consolidated Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council of the City of DeNon, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development a 2004 Action Plan and appropriate certifications for entitlement funds under the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended. SECTION 2. That the City Council of the City of DeNon, Texas, authorizes the Community Development Administrator to handle all fiscal and administrative matters related to the application, the Action Plan and the certifications. SECTION 3. That the City Secretary is hereby authorized to furnish copies of this resolution to all interested parties. S:\Our Documents\Resolutions\04\Comm. Dev Action Plan Res.doc. 2004 SECTION 4. That this resolution 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: or l , c rroroezvrozv -YEAR ACTION PLAN 2004 Program year Housing Park Facilities Public Improvements Human Services for housing and community development Prepared for the U.S. Dept. of Housing and Urban Development Submitted to Denton City Council on April 20, 2004 www.cit¥ofdenton.com ADA/E OE/ADEA mo Bo TABLE OF CONTENTS Summary of Action Plan 1. Introduction .................................................................................................................. 1 2. Funding Summary ........................................................................................................ 1 3. Local Match ................................................................................................................. 2 4. Citizen Participation .................................................................................................... 2 5. Amendments ................................................................................................................ 3 Funding Sources 1. Summary ...................................................................................................................... 3 2. SF-424 Application - CDBG Funds ............................................................................. 5 3. SF-424 Application - HOME Funds ............................................................................ 6 C. Projects/Activities Do 1. Summary ...................................................................................................................... 7 2. CPD Listing of CDBG and HOME Proposed Projects ................................................ 8 3. Other Resources Available ........................................................................................ 17 CP Strategies and Proposed Projects ............................................................................... 18 1. Housing Strategies ..................................................................................................... 18 2. Continuum of Care Strategies .................................................................................... 20 3. Lead-Based Paint Strategies ...................................................................................... 23 4. Human Services Strategies ........................................................................................ 24 5. Infrastructure & Public Facilities Strategies .............................................................. 25 6. Demolition Strategies ................................................................................................ 26 7. Anti-Poverty & Economic Development Strategies .................................................. 26 E. Proposed Project Map ...................................................................................................... 27 F. Other Program Requirements Go 1. HOME- Forms of Investment .................................................................................. 28 2. HOME - Tenant-Based Rental Assistance ................................................................ 28 3. American Dream Downpayment Initiative - Targeting ............................................. 29 4. Monitoring Standards and Procedures ...................................................................... 29 5. Public Housing Improvements ................................................................................... 30 6. Public Housing Resident Initiatives ........................................................................... 30 7. Institutional Structure ................................................................................................ 32 Certifications .................................................................................................................... 32 Minutes 1. Public Hearings on November 17, 2003 .................................................................... 37 2. Public Hearing on December 8, 2004 ........................................................................ 41 3. Public Hearing on April 20, 2004 .............................................................................. 43 4. 30-day Comment Period ............................................................................................ 43 5. Community Development Advisory Committee Minutes ......................................... 45 6. Human Services Advisory Committee Minutes ........................................................ 54 SUMMARY INTRODUCTION This document serves as the City of Denton's 2004 Action Plan for the Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) Programs and the American Dream Downpayment Initiative (ADDI). In accordance with 24 CFR Part 91.220 of Title I of the Housing and Community Development Act of 1974, as amended, the City of Denton is required to submit a One-Year Action Plan to the U.S. Department of Housing and Urban Development. The plan outlines the specific projects and services that will be funded during the 2004 Program year to address Denton's strategies stated in the 2000-2004 Consolidated Plan. Denton's 2000 Consolidated Plan describes the city's strategies and resources for the next five years creating a stronger link between the needs in the city, strategies and available resources. Based on the needs analysis of the City of Denton, the following five year strategies were identified in 2000 year and are reaffirmed this year: Housing Strategies: Assistance to Renters, Owners, and Homebuyers and the Production of Affordable Units; Continuum of Care Strategies: Prevention, Outreach, Intake, Assessment & Referral, Housing Services (Emergency Shelter, Transitional Housing, Permanent Housing w and w/o Supportive Services), and Support Services; Lead-Based Paint Strategies: Education and Reduction of Lead-Based Paint Hazardous to Owners and Homebuyers; Human Services Strategies: Development of additional childcare, Improvement of health care services, Continue work with Continuum of Care Planning Committee, Case Coordination and Information Referral, Support of growth strategy in community and Continued allocation support to meet urgent needs; Infrastructure Improvement Strategies: Improvements to Streets, Sidewalks and Water/Sewer lines, Drainage Improvements, Rehabilitation and Expansion of Public Facilities, Park Improvements and Demolition of Substandard Structures; Anti-Poverty & Economic Development Strategy: Support Training and Employment Activities, Expand Education Opportunities, Support of Section 3 goals, and Support of Start-up and expansion industry. FUNDING SUMMARY The City of Denton is currently an entitlement city for the Community Development Block Grant and HOME Investment Parmership Programs. The City of Denton's 2004 CDBG allocation is $1,026,421, the HOME allocation is $620,722 and the ADDI allocation is $51,438. A total of $87,000 in program income is projected for the 2004 Program year. SF-424 applications for Community Development Block Grant and the HOME Partnership Investment Program funds are on page 5 and 6, respectively. The HOME program also requires a local match. Page 1 LOCAL MATCH The City of Denton's local match for the HOME program is $138,788. The HOME program requires a participating jurisdiction to provide a 25% match of the federal HOME funds. The 25% match of federal HOME funds excludes administrative allowances of 10%. The City of Denton will provide the match from a variety of sources including the following: Federal Home Loan Bank funds awarded to the City of Denton and the Denton Affordable Housing Corporation (DAHC) for home ownership assistance and home improvement. Denton County Housing Finance Corporation and other non-federal funding awarded to Denton Affordable Housing Corporation and City of Denton. City of Denton Impact Fee Grant Awards used to pay required impact fees on HOME eligible projects. CITIZEN PARTICIPATION To ensure citizen participation in the 2004 Action Plan process, the city followed its Citizen Participation Plan. Public hearings were held November 17th and December 8th. The public hearings updated citizens on the status of current programs and activities and asked how the citizens how they felt the 2004 funds should be spent. At least one of the public hearings was held within a low and moderate-income neighborhood. Information on the public hearings was included in the Community Development Newsletter that was mailed out to neighborhood associations; service agencies and beneficiaries; city council, Human Services Committee (HSC) and Community Development Advisory Committee (CDAC) members; churches; contractors; participating lenders; citizens who attended previous public hearings; and interested citizens. A notice was also placed in the Denton Record-Chronicle. After the Action Plan was drafted, advertisements were placed in the Denton Record-Chronicle summarizing the plan and announcing to the public where the Action Plan was available for review, and the process for submitting comments to the City of Denton. The advertisements also included information on the upcoming public hearing. Ads were also placed on the local governmental channel, the local community bulletin and in the quarterly Community Development Newsletter that is mailed to all agencies, applicants, Realtors, participating lenders, committees, and city employees. All comments received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. To ensure citizen participation at all stages of the 2004 Action Plan process, one public hearing will be scheduled on April 20, 2004 during a City Council Meeting to give citizens the opportunity to comment on the 2004 proposed projects and activities. See page 45 for minutes of the public hearings. Page 2 AMENDMENT o 2003 Action Plan for Housing and CommuniW Development: The City of Denton has also amended the 2003 Action Plan for Housing and Community Development. The amendment would allow the City of Denton to reallocate $23,158 in CDBG funds. The 2003 Action Plan included $23,158 in CDBG funds for the construction of sidewalks on Bradshaw Street, however, other funds were utilized to complete the project. Since the funds were no longer needed for the construction of the sidewalks, funds were reallocated to the Home Improvement Program, an existing program, and the Sidewalk Project was cancelled. o 2000-2004 Consolidated Plan for Housing and CommuniW Development: The City of Denton has also amended the 2000-2004 Consolidated Plan for Housing and Community Development to address the use of American Dream Downpayment Initiative (ADDI). During the 2004 program year, the City of Denton received funds from the American Dream Downpayment Imitative, a new component under the HOME Investment Partnerships Program. ADDI aims to increase the homeownership rate, especially among lower income and minority households, and to revitalize and stabilize communities. The program was created to assist low-income first-time homebuyers in purchasing single- family homes by providing funds for downpayment, closing costs, and rehabilitation carried out in conjunction with the assisted home purchase. The City of Denton plans to utilize the ADDI funds under its current Homebuyer Assistance Program, which is currently using CDBG and HOME funds to assist first time homebuyers with down payment and closing costs. 2004 FUNDING SOURCES Entitlement Grant (Includes Reallocated Funds) CDBG $1,026,421 ESG $0 HOME with ADDI funds $672,160 HOPWA $0 Total $1,698,581 Prior Years' Program Income Not Previously Programmed Or Reported CDBG $0 ESG $0 HOME $0 HOPWA $0 Total $0 Reprogrammed Prior Years' Funds (Amendment Section) CDBG $23,158 ESG $0 HOME $0 HOPWA $0 Total $23,158 Page 3 Total Estimated Program Income CDBG Loan Repayments HOME Loan Repayments Total Section 108 Loan Guarantee Fund Total Funding Sources Other Funding Sources city of Denton - General Funds City of Denton - Plus One Funds Contributions County Grants Federal Grants Food Shelter Grant Foundations In-Kind Interest Local Grants Miscellaneous Grants Other Grants Prior Year Reserves Program Income Sale Proceeds Special Events State of Texas Grants United Way World Services Total Submitted Proposed Projects Totals Un-Submitted Proposed Projects Totals $52,000 $35,000 $0 $623,585 $26,000 $318,131 $5,000 $2,438,526 $45,000 $82,500 $26,750 $1,712 $175,450 $190 $195,380 $13,860 $751,076 $2,952,405 $129,000 $207,069 $329,792 $1,600 $87,000 $1,808,739 $8,323,026 $1,808,739 $0 Page 4 APPLICATION FOR version 9/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED June 15, 2004 Applicant Identifier 756000514 '1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Annlic~ti~n PrR-~nnlic~tinn 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier Construction Construction Non -Construction Non-Construction 5. APPLICANT INFORMATION Legal Name: City of Denton Organizational Unit: Department: Economic Development Organizational DUNS: 07-138-0190 Division: Community Development Address: Name and telephone number of person to be contacted on matters Street: involving this application (give area code) 101 South Locust St., Suite 500 Prefix: I First Name: Luisa City: Denton Middle Name County: Denton Last Name Rodriguez-Garcia State: Texas Jzip Code 76201 Suffix: Country: USA Email: Irgarcia@cityofdenton.com 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code) 75-6000514 (940) 349-7238 (940) 383-2445 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) X New Continuation Revision Municipal If Revision, enter appropriate letter(s) in box(es) See back of form for description of letters.) Other (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: U.S. Department of Housino & Urban Development '10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: '1'1. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 14-218 TITLE (Name of Program): Housing rehabilitation, minor repair, sewer Communitv DeveloDment Block Grant ~mprovements, improvements to public facilities, new '12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): ~nnefm~finn hnm~nwn~rehin ~eeief~n~ nrnttieinn nf City of Denton, Texas '13. PROPOSED PROJECT '14. CONGRESSIONAL DISTRICTS OF: Start Date: August 1, 2004 lEnding Date: July 31, 2005 a. Applicant District 26 lb. Project District 26 '15. ESTIMATED FUNDING: '16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER '12372 PROCESS? a. Federal $1,026,421.00 a. Yes. THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $0.00 PROCESS FOR REVIEW ON c. State $0.00 DATE: d. Local $0.°° b. No. X PROGRAM IS NOT COVERED BY E. O. 12372 e. Other: American Dream $0.°° OR PROGRAM HAS NOT BEEN SELECTED BY STATE Downpavment Initiative FOR REVIEW f. Program Income $52,000.°° '17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $71,078,421 .°° Yes If "Yes" attach an explanation. X No '18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES. a. Authorized Representative Prefix I First Name Michael Vliddle Name C. Last Name Conduff ~uffix 3. Title City Manager ~. Telephone Number (give area code) (940) 349- Email: Fax Number (give area code) ~. Signature of Authorized Representative ~. Date Signed Page 5 A APPLICATION FOR version 9/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED June 15, 2004 Applicant Identifier 756000514 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Annlic~ti~n Pm-~nnlic~tinn 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier Construction Construction Non -Construction Non-Construction 5. APPLICANT INFORMATION Legal Name: City of Denton Organizational Unit: Department: Economic Development Organizational DUNS: 07-138-0190 Division: Community Development Address: Name and telephone number of person to be contacted on matters Street: involving this application (give area code) 101 South Locust St., Suite 500 Prefix: I First Name: Luisa City: Denton Middle Name County: Denton Last Name Rodriguez-Garcia State: Texas I Zip Code 76201 Suffix: Country: USA Email: Irgarcia@cityofdenton.com 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code) 75-6000514 (940) 349-7238 (940) 383-2445 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) X New Continuation Revision Municipal If Revision, enter appropriate letter(s) in box(es) See back of form for description of letters.) Other (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: U.S. Department of Housino & Urban Development '10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: '1'1. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 14-239 TITLE (Name of Program): Housing rehabilitation, assistance to CHDO, HOME Investment PartnershiD Prooram homeownership assistance, new construction and '12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): nrnr~rnm nrlmini~frnfinn City of Denton, Texas '13. PROPOSED PROJECT '14. CONGRESSIONAL DISTRICTS OF: Start Date: August 1, 2004 lEnding Date: July 31, 2005 a. Applicant District 26 lb. Project District 26 '15. ESTIMATED FUNDING: '16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER '12372 PROCESS? a. Federal $620,722.00 a. Yes. THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $0.00 PROCESS FOR REVIEW ON c. State $0.00 DATE: d. Local $0.°° b. No. X PROGRAM IS NOT COVERED BY E. O. 12372 e. Other: American Dream $51,438'°° OR PROGRAM HAS NOT BEEN SELECTED BY STATE -)r~uunn~um~nt Initi~tiu~ [~CJR R[::\II[::~AI f. Program Income $35,000.°° 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $707,160.°° Yes If "Yes" attach an explanation. X No '18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES. a. Authorized Representative Prefix J First Name Michael Vliddle Name C. Last Name Conduff Suffix 3. Title City Manager .. Telephone Number (give area code) (940) 349- Email: Fax Number (give area code) J. Signature of Authorized Representative 3. Date Signed Previous Edition Usable Authorized for Local Reproduction Standard Form 424 (Rev. x-xx) Prescribed bv OMB Circular A-102 Page 6 2004 PROJECTS/ACTIVITIES SUMMARY The City of Denton's total federal and program income funding for 2004 is $1,808,739 (includes $23,158 of Reprogrammed Funds). Program funds have been allocated to an array of projects and activities to benefit low and moderate-income households. Each project is described in detail from pages 8 to 16 and is arranged by alphabetically order. See the following list of CDBG, HOME and ADDI proposed projects and activities for their assigned page number: Page # Project Name CDBG/HOME/ADDI 8 AIDS Services of North Texas $16,000 8 American Legion Breezeway Project $19,000 8 CDBG Administration $215,684 9 Crescent Sewer Line Project $108,386 9 Cumberland Presbyterian Children's Home $350,000 9 Denton Affordable Housing Corp - AHOP Program $140,000 10 Denton City County Day School Renovations $9,400 10 Family Health Care, Inc. $30,000 10 Habitat for Humanity of Denton County $25,000 11 HOME Administration $65,570 11 Home Improvement Program $330,555 11 Homebuyer Assistance Program $51,438 12 HOPE, Inc. $31,000 12 Interfaith Ministries $1,363 12 Microenterprise Loan Program $19,303 13 Minor Repair Program $99,000 13 MLK Playground Equipment $25,000 13 Owsley Community Center Addition $25,000 14 PARD: After School Action Site/TRAC $16,600 14 PARD: King's Kids Day Kamp $20,000 14 PARD: Owsley Summer Playground Program $22,000 15 Phoenix Apartment Demolition $100,000 15 Rental Rehabilitation Program $49,000 15 Salvation Army $17,000 16 Tenant Based Rental Assistance $22,440 Total Funding Allocated to Projects $1,808,739 Funding Avail ab 1 e $1,808,739 Unprogrammed Funds I $0 Page 7 PROJECT DESCRIPTIONS The following are descriptions of projects and activities that will be funded during the 2004 program year with CDBG, HOME and ADDI funds: AIDS SERVICES OF NORTH TEXAS - $16,000 (CDBG) Provision of food and medical care to individuals and families impacted by AIDS/HIV. Funds will be used to buy food and hygiene items and cover medical care for non-HIV related infections and chronic diseases. Program will be carried out by AIDS Services of North Texas. HUD Matrix Code: 05 Public Services (General) Priority: Special Needs/Non Homeless Citation: 570.201 (e) Goal: 89 People Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) Low/Mod Limited Clientele Subrecipient: Private 570.500(c) Location: Address - 121 Piner, Denton Texas 76207 Start & Completion Date: 10/01/04 - 09/30/04 AMERICAN LEGION BREEWAY PROJECT - $19,000 (CDBG) Installation of a metal, pitched-roof breezeway connecting the existing American Legion Hall building to the newly constructed Annex at 629 Lakey Street. Program will be carried out by the City's Parks and Recreation Department HUD Matrix Code: 03F Parks, Recreational Facilities Priority: Infrastructure Citation: 570.201 (c) Goal: 1 Public Facility Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(1) - Low/Mod Area Subrecipient: Local Government Location: Address - 629 Lakey, Denton Texas 76205 Start & Completion Date: 08/01/04 - 05/31/05 Page 8 CDBG ADMINSTRATION - $212,684 (CDBG) CDBG funds will be used for program management, coordination, monitoring and evaluation associated with carrying out eligible activities. Funds will also be utilized to continue City's efforts in fair housing. HUD Matrix Code: 2lA General Program Administration Priority: Planning & Administration Citation: 570.206 Goal: N/A Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: N/A Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 CRESCENT SEWER LINE PROJECT - $108,386 (CDBG) Replacing a 6" sewer line on Crescent Street and an 8" sewer line from Crescent south to Denton High School. Project will be carried out by the City's Engineering Department HUD Matrix Code: 03J Waster/Sewer Improvements Priority: Infrastructure Citation: 570.201 (c) Goal: 681 People Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(1) - Low/Mod Area Subrecipient: Local Government Location: CT 20403 BG 1 - 57% LM Start & Completion Date: 10/01/04 - 09/30/05 CUMBERLAND PRESBYTERIAN CHILDREN'S HOME - $350,000 (HOME) Construction of two new duplex (4 units) for the Single Parent Family Program, which provides assistance to homeless or potentially homeless single parents. Project will be located at 1304 Bernard Street and will be carried out by Cumberland Presbyterian Children's Home. HUD Matrix Code: 12 Construction of Housing Priority: Housing Citation: 92.205(a) Goal: 4 housing units Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(3) - Low/Mod Housing Subrecipient: Private 570.200(c) Location: Address - 1304 Bernard, Denton Texas 76201 Start & Completion Date: 08/01/04 - 08/30/05 Page 9 DENTON AFFORDABLE HOUSING CORP - $140,000 (HOME) Provision of acquisition, rehabilitation and resale of affordable homes in Denton, including down payment and closing costs assistance. Program carried out by the Denton Affordable Housing Corporation. HUD Matrix Code: 14G Acquisition for Rehabilitation Priority: Housing Citation: 92.205 (a) Goal: 27 housing units Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: N/A Subrecipient: CHDO 92.2 Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 DENTON CITY COUNTY DAY SCHOOL RENOVATIONS - $9,400 (CDBG) Public facility improvements to the Denton City County Day School, a low-income day care, at 1603 Paisley. Funds will be used to replace the electrical wiring in the school. The project will be carried out by the City of Denton and Denton City County Day School. HUD Matrix Code: 03M Child Care Centers Priority: Infrastructure Citation: 570.201 (c) Goal: 1 Public Facility Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Subrecipient: Private 570.200(c) Location: Address - 1603 Paisley, Denton Texas 76201 Start & Completion Date: 08/01/04 - 1/31/05 FAMILY HEALTH CARE - $30,000 (CDBG) Provision of a prenatal clinic aiding women who are without private insurance or Medicaid. Funds will be used to procure services for non-Medicaid eligible, low-income pregnant women. Program will be carried out by Family Health Care, Inc. HUD Matrix Code: 05M Health Services Priority: Public Services Citation: 570.201 (e) Goal: People Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Subrecipient: Private 570.200(c) Location: Address -513 S. Locust, Denton Texas 76201 Start & Completion Date: 10/01/04 - 09/30/05 Page 10 HABITAT FOR HUMANITY OF DENTON COUNTY - $25,000 (HOME) Funds will be used to purchase a minimum of 2 lots in Denton for the construction of affordable homes for low-income families in Denton. Program will be carried out by Habitat for Humanity of Denton County. HUD Matrix Code: 12 Construction of Housing Priority: Housing Citation: 92.205 (a) Goal: 2 Housing Units Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: N/A Subrecipient: Private 570.200(c) Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 HOME ADMINSTRATION - $65,570 (HOME) HOME funds will be used for salaries associated with carrying out HOME projects by the City's Community Development Division. HUD Matrix Code: 21H HOME Admin/Planning Costs of PJ (subject to 10%) Priority: Planning & Administration Citation: 92.207 (a) Goal: N/A Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: N/A Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 HOME IMPROVEMENT PROGRAM - $277,843 (CDBG) AND $52,712 (HOME) Rehabilitation of owner-occupied structures in targeted neighborhoods. Funds are available in low interest loan and grant combinations. Homes that are not suitable for rehabilitation are demolished and reconstructed. HUD Matrix Code: 14A Rehab; Single-Unit Residential Priority: Housing Citation: 570.202 CDBG / 92.205 (a) HOME Goal: 5Housing Units Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(3) - Low/Mod Housing Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 Page 11 HOMEBUYER ASSISTANCE PROGRAM - $51,438 (ADD1) HAP is designed to provide homeownership opportunities for low and moderate-income families who live in Denton. The program provides down payment, closing costs and gap assistance to eligible households. Program carried out by the City's Community Development Division. HUD Matrix Code: 13 Direct Homeownership Assistance Priority: Housing Citation: Goal: 5 Households Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(3) - Low/Mod Housing Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 HOPE, INC. - $31,000 (CDBG) Provision of financial assistance and case management to families who are homeless and seeking to secure permanent housing. Funds will be used to assist the homeless and potentially homeless families with rent, utility, food, and childcare needs. Program will be carried out by HOPE, Inc. HUD Matrix Code: 05 Public Services (General) Priority: Public Services Citation: 570.201 (e) Goal: People Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Subrecipient: Private 570.200(c) Location: Community Wide Start & Completion Date: 10/01/04 - 09/30/05 INTERFAITH MINISTRIES - $1,363 (CDBG) Provision of emergency utility bill assistance to low-income residents of Denton. Funds will be used to provide emergency utility assistance for low-income families. Program will be carried out by Interfaith Ministries of Denton, Inc. HUD Matrix Code: 05Q Subsistence Payments Priority: Public Services Citation: 570.204 Goal: People Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Subrecipient: Private 570.200(c) Location: Address -513 S. Locust, Denton Texas 76201 Start & Completion Date: 10/01/04 - 09/30/05 Page 12 MICROENTERPRISE LOAN PROGRAM - $19,303 (CDBG) Loan program to promote business expansion by providing loans up to $10,000 to small businesses. Program carried out by the City's Community Development Division. HUD Matrix Code: 18C Micro-Enterprise Assistance Priority: Economic Development Citation: 570.208 (a) (2) Goal: Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 MINOR REPAIR PROGRAM - $9%000 (CDBG) Program serves low-income homeowners by providing a grant of up to $5,000 for repairs. Repair cannot be covered by homeowner's insurance. Program carried out by the City's Community Development Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential Priority: Housing Citation: 570.202 Goal: 20 Housing Units Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(3) - Low/Mod Housing Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 MLK PLAYGROUND EQUIPMENT PROJECT - $25,000 (CDBG) Installation of an age appropriate playground and shade structure adjacent to the existing playground at the MLK Jr. Recreation Center at 1300 Wilson. Program will be carried out by the City's Parks and Recreation Department HUD Matrix Code: 03F Parks, Recreation Facility Priority: Infrastructure Citation: 570.201 (c) Goal: 1 Public Facility Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(1) - Low/Mod Area Subrecipient: Local Government Location: CT 21200 BG 1 - 79% LM Start & Completion Date: 08/01/04 - 05/31/05 Page 13 OWSLEY COMMUNITY CENTER ADDITION - $25,000 (CDBG) Acquisition of a portable classroom building, including set up on site with plumbing, electricity and air conditioning. Funds will also be used to improve covered walkways at 2535 Charlotte Street. HUD Matrix Code: 03E Neighborhood Facility Priority: Infrastructure Citation: 570.201 (c) Goal: 1 Public Facility Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Subrecipient: Private 570.200(c) Location: Address - 2535 Charlotte, Denton Texas 76201 Start & Completion Date: 08/01/04 -2/28/05 PARD: AFTER SCHOOL ACTION SITE/TRAC - $16,600 (CDBG) Provision of after school care to low-income youth at any of the city's after school action site programs. Funds will be used to provide scholarships for low-income participants and two low- income participants with a disability. Program will be carried out by the City of Denton. HUD Matrix Code: 05D Youth Services Priority: Youth Programs Citation: 570.201 (e) Goal: People Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Subrecipient: Local Government Location: Community Wide Start & Completion Date: 10/01/04 - 09/30/05 PARD: KING'S KIDS DAY KAMP - $20,000 (CDBG) Provision of a summer playground targeted to youth in Southeast Denton. Funds will be used to provide scholarships for low-income participants. Program will be carried out by the City of Denton. HUD Matrix Code: 05L Child Care Services Priority: Youth Programs Citation: 570.201 (e) Goal: People Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Subrecipient: Local Government Location: Address - 1300 Wilson St., Denton Texas 76205 Start & Completion Date: 10/01/04 - 09/30/05 Page 14 PARD: OWSLEY SUMMER PLAYGROUND PROGRAM- $22,000 (CDBG) Provision of a summer playground targeted to youth in the Owsley Neighborhood. Funds will be used to provide scholarships for low-income participants. Program will be carried out by the City of Denton. HUD Matrix Code: 05L Child Care Services Priority: Youth Programs Citation: 570.201 (e) Goal: People Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Subrecipient: Local Government Location: Address - 1001 Parvin St., Denton Texas 76205 Start & Completion Date: 05/31/04 -08/31/05 PHOENIX APARTMENT DEMOLITION - $100,000 (CDBG) Demolition of several uninhabitable units at the Phoenix Apartments a 131-unit housing project located at 308 S. Ruddell. Project will be carried out by the Housing Authority of the City of Denton. HUD Matrix Code: 04 Clearance and Demolition Priority: Other Citation: 570.201 (d) Goal: 150 housing units Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(3) Low/Mod Housing Subrecipient: Private 570.200(c) Location: 308 S. Ruddell, Denton Texas 76205 Start & Completion Date: 08/01/04 - 05/31/05 RENTAL REHABILITATION PROGRAM - $49,000 (CDBG) Rehabilitation of single-family rental units that are available to low and moderate-income families. A combination of deferred and low interest payable loans is available to owners. The rehabilitated rental units are made available to low and moderate income households. Program will be carried out by the City's Community Development Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential Priority: Housing Citation: 570.202 Goal: 2 housing units Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(3) Low/Mod Housing Subrecipient: Local Government Location: Community Wide Page 15 Start & Completion Date: 08/01/04 - 07/31/05 SALVATION ARMY - $17,000 (CDBG) Provision of emergency shelter for homeless individuals and families. Funds will be used to pay the salaries of a shelter manager and transitional shelter counselor. Program will be carried out by the Denton Corps of The Salvation Army. HUD Matrix Code: 05 Public Services (General) Priority: Public Services Citation: 570.201 (e) Goal: People Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Subrecipient: Private 570.200(c) Location: Address - 1508 E. McKinney, Denton Texas 76205 Start & Completion Date: 10/01/04 - 09/30/05 TENANT BASED RENTAL ASSISTANCE - $22,440 (HOME) Rental assistance to special needs households, including elderly and disabled. Funds will be used to provide rental assistance for two-year period. Program will be carried out by the City's Community Development Division. HUD Matrix Code: 05S Rental Housing Subsidies (TBRA) Priority: Housing Citation: 92.209 Goal: 6 households Primary Purpose: [] Homeless [] HIV/AIDS Eligibility: N/A Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/04 - 07/31/05 Page 16 OTHER RESOURCES AVAILABLE Also, during the 2004 Program year, the City of Denton plans to undertake additional activities/programs to address local objectives and strategies using City of Denton General Fund dollars. The Human Services Advisory Committee has recommended funding the following human services program. It is recommended that these activities be funded through Denton's general fund budget. City Council will consider approval of the following recommendations in September 2004. Category / Agency General Funds Other Funds Aging Services Fairhaven Retirement Home $8,880 RSVP $10,000 SPAN, Inc. $30,000 Emergency Services: Community Food Center $3,000 Interfaith Ministries $16,887 Singing Oaks Church of Christ $12,500 Special Needs Services Cumberland Children's Home $5,000 Riding Unlimited $1,500 Youth, Children & Family Services Children's Advocacy Center $12,000 Court Appointed Special Advocates, Denton Co. $10,000 Denton Christian Preschool $31,200 Denton City Co. Day School $38,000 Denton County Friends of the Family $35,000 Denton Co. MHMR (SIERRA Program) $9,000 Denton Family Resource Center $10,000 Fred Moore Day Nursery School $43,000 Owsley Community School - After School Care $14,000 Sickle Cell Disease Assoc. $8,000 Total $297,967 Page 17 STRATEGIES & PROPOSED PROJECTS The City of Denton's 2004 funding has been allocated to programs and activities that meet objectives stated in Denton's five-year strategic plan. Following is the list of the five-year strategies and proposed outcomes stated in the Consolidated Plan and proposed projects and activities that will be undertaken to meet those strategies. 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities RENTAL HOUSING STRATEGIES Increase the number of units of rental assistance available to Denton citizens. Encourage the development of self-sufficiency programs that move households off rental subsidies. Encourage and support the rehabilitation of substandard units in the city. Encourage and support the construction of additional affordable rental units. 1)No net loss in the number of units of assistance available from DHA. 2) Collaborative efforts between DHA and the City of Denton to increase available rental subsidies. Initial program objectives would be to move 3 to 5 households per year off rental assistance or other public assistance programs, approximately 20 households over the five-year period. Rehabilitation of 4 to 5 rental units per year. Approximately 25 units over the five-year period. Production of 50 additional affordable rental units each year, 250 over the five-year period. Support of Denton Housing Authority and funding of Special Needs Tenant Based Rental Assistance Program. Funding HOPE, Inc., Interfaith Ministries, Cumberland Children Home Program and Singing Oaks Church of Christ. Support of Denton Housing Authority. Funding of the City's Rental Rehabilitation Program. Support of Denton Affordable Housing Corp., City of Denton's Impact Fee Grant Waivers, eligible LIHTC Projects and the redevelopment of DHA's Phoenix Apartment Site. Page 18 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities See Homeownership strategy Encourage and assist low- income renters in Denton to become homeowners. Funding City's Homebuyer Assistance Program, DAHC's Affordable Housing Opportunity Program, Habitat for Humanity. Support of DAHC' s Infill New Construction Program and Nevada Court Project. Continuation of City's New Construction Program with residual funds. Support for DHA's Family Self Sufficiency Program. OWNER-OCCUPIED HOUSING STRATEGIES Educate the community regarding budgeting, home maintenance, saving for major repairs and home cleaning practices. Assist low and moderate-income households with emergency housing repairs and weatherization. Encourage low and moderate- income homeowners to maintain their units up to current City of Denton code standards. Attendance at classes by 10 homeowners each year of the five-year period for a total of 50 homeowners. Average of 15 emergency repairs each year of the five-year period for a total of 75 repairs. Average of 7 units will be brought up to City of Demon building code standards on an annual basis. This will include renovated and reconstructed units. Approximately 35 loans will be provided over the five- year period Funding of City's Home Improvement Program and Homebuyer Assistance Program. Support of the Homeownership classes Funding of Minor Repair Program Funding of Home Improvement Program HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS Educate community regarding homeownership opportunities and responsibilities. 150-200 households participating in homeownership classes each year of the five-year period. Support City's and DAHC's Homeowner-ship classes Page 19 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Encourage homeownership among Denton's low and moderate-income renter households. Encourage and support production of affordable units. Move 60 Denton renter households to homeownership each year of the five-year period. Construction of an average of 15 units per year over the five-year period for an estimated total of 75 new units. Funding of City's Homebuyer Assistance Program, DAHC's Affordable Housing Opportunity Program and Habitat for Humanity. Support of Denton Affordable Housing Corp. - Nevada Court and Continuation of City's Infill New Construction Program with residual funds. CONTINUUM OF CARE STRATEGIES - PREVENTION Decrease the number of persons evicted from rental units or defaulting on mortgages. Support funding targeted toward assistance with rental and utility deposits. Support the Denton Housing Authority's requests for increased subsidies and Section 8 rental assistance vouchers, and increase the number of vouchers allocated to residents. By the third year, provide education to 100% of households receiving housing assistance. Fund an additional $50,000.00 in combined rental and utility deposits. Funding partnerships will be developed with the local housing authority in order to provide additional subsidies and affordable housing units. Support of Consumer Credit Counseling, homeownership classes and DAHC's Nevada Court New Construction. Funding City's Homebuyer Assistance Program, DAHC's Affordable Housing Opportunity Program, HOPE Inc. Funding of Interfaith Ministries, Singing Oaks Church of Christ, HOPE Inc., Salvation Army, Denton County MHMR. Support of Denton Housing Authority CONTINUUM OF CARE STRATEGIES - OUTREACH Increased coordination of available services to make access to services more efficient and to address gaps in services. Add at least 15 organizations to the existing service coordination system. Participation in the Denton County Homeless Coalition. Act as fiscal agent for Continuum of Care HMIS grant. Page 20 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Insure that agencies serving homeless hh's are educated on available services and taking part in the coordinated efforts. Coordinate funding partnerships to better provide coordinated services and to foster collaborative efforts. Train staff from participating agencies on the service coordination system. Partnerships will be created to increase funding by 50% for services provided to homeless households. Participation in the Denton County Homeless Coalition. Participation in the Denton County Homeless Coalition. CONTINUUM OF CARE STRATEGIES - INTAKE, ASSESSMENT & REFERRAL Improve intake, assessment and referral to expedite provision of assistance. Improve intake, assessment and referral to expedite provision of assistance. Add an additional 15 agencies to the service coordination system and provide a central repository of information for improved coordination and intake. Add an additional 15 agencies to the existing service coordination system and link each of these agencies with existing database. Participation in the Demon County Homeless Coalition. Act as fiscal agent for Continuum of Care HMIS grant. Participation in the Denton County Homeless Coalition. Act as fiscal agent for Continuum of Care HMIS grant. CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - EMERGENCY SHELTER Facilitate the development of increased shelter space for families and pregnant women. Work with existing agencies and public officials to determine alternative methods to assist households who have exceeded available shelter tenure. Investigate an emergency shelter for youth and the legal ramifications of such a shelter. Develop and open an emergency shelter by June 2005. Increase assistance to families needing shelter for 5 days to 30 days. Investigate bringing short- term family units to the community. Determine whether a youth shelter should be created in Denton and investigate funding sources, legal barriers, and potential providers. Participation in the Denton County Homeless Coalition. Participation in the Denton County Homeless Coalition. Funding of Cumberland Single Parent Transitional Housing Program. Participation in the Denton County Homeless Coalition. Page 21 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - TRANSITIONAL HOUSING Increase transitional housing for homeless households with special needs. Develop affordable transitional housing units for homeless households. Assist a minimum of 20 additional families over the five years. 75% of total homeless families receiving transitional housing will come from target special needs population. An additional 20 transitional housing units will be developed through the joint effort. Funding of HOPE, Inc. and Cumberland Single Parent Transitional Housing Program. Support of HOPE, Inc., Denton Affordable Housing Corp. and Denton County Friends of the Family. Funding for the Cumberland Single Parent Transitional Housing Program. CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - PERMANENT HOUSING W/O SUPPORTIVE SERVICES Support and advocate for local public policies to support affordable housing and land acquisition. Continue to develop affordable housing and more appropriate housing for homeless households. Committee representatives will make at least 3 presentations per year to city officials, local electorate and community leaders regarding affordable housing. Construct or develop of an average of 25 units per year over the five-year period for an estimated total of 125 new units. Participation in the Denton County Homeless Coalition. Support of DAHC's Nevada Court Project, Denton Housing Authority and Christian Community Action. Continuation of City's Infill New Construction Program with residual funds. Funding of Habitat for Humanity and Cumberland Children's Home. CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - PERMANENT HOUSING W/SUPPORTIVE SERVICES Continue to develop permanent supportive housing units for homeless households with special needs. Create at least 15 new permanent supportive housing units for homeless households with special needs. Support of Denton Affordable Housing Corp., AIDS Services of North Texas and Denton County MHMR. Page 22 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities CONTINUUM OF CARE STRATEGIES - SUPPORT SERVICES Continue expansion of service coordination and collaboration among providers to assist clients toward maintaining self- sufficiency. Expand affordable, quality daycare for homeless households. Promote affordable health care and health education for uninsured and underinsured homeless households. Advocate for improved transportation to meet the needs of homeless households An additional 15 service providers will be added to the service coordination computer network, including a minimum of 5 in Lewisville. Additional childcare slots for homeless households will be available. An increase in public-private partnerships will take place. Denton County Homeless Coalition will make recommendations to public officials for improvement in transportation system. Participation in Denton County Homeless Coalition. Continuum of Care Grant. Funding for Fred Moore Day Nursery, City County Day School, Friends of the Family and Denton Christian Preschool. Support of Child Care Management System. Participation in the Denton County Homeless Coalition and Human Service Advisory Committee. Participation of Denton County Homeless Coalition. LEAD-BASED PAINT STRATEGIES Educate owners/first-time homebuyers on hazards and safe handling of lead-based paint. Reduce Lead-Based Paint Hazards residential units. 150-200 households participating in the successful homeownership workshops each year of the five-year period. Average of 50 units annually will receive lead-based paint reduction work and clearances. Funding of the ALERT Program, Home Improvement, Minor Repair and Homebuyer Assistance Programs. Funding of Home Improvement, Minor Repair, DAHC' s Affordable Housing Opportunity Program and Homebuyer Assistance Programs. Page 23 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities HUMAN SERVICES STRATEGIES Explore various options for the development of additional childcare available to low- income households. Improve health care services available to low-income households. HSAC to work with the Denton County Homeless Coalition to focus on programs benefiting persons who are homeless or potentially homeless Discuss and implement a strategy to expand the current system of case coordination and centralize information among service providers including but not limited to - emergency financial services, housing services and health care. Support a growth strategy that includes human services as an essential part of the community's infrastructure. During the five- year period, HSAC will recommend moving to a human services general fund set aside that is at least 1% of the total general fund budget. Evidence of additional child care opportunities; Implementation of voucher program or increase in current assistance levels; and Number of public-private collaborations that take place. Number of public-private collaborations that take place. Information describing effectiveness of the program in Denton and Denton County Positive response from local physicians and an increase in physician providing services to Medicaid-eligible households. Not Applicable. Not Applicable. Not Applicable. Continue working Human Services Advisory Committee, United Way, CCMS, Fred Moore Day School, Denton Christian Preschool, North Central Texas Workforce Board and City County Day Nursery Continue working with Human Services Advisory Committee, Family Health Care, United Way, CHIP Coalition, Healthy Communities Task Force and Flow Foundation Participation in the Denton County Homeless Coalition and HMIS development. Continue working with the Human Services Advisory Committee and the development of HMIS. Continue working with the City of Denton and Human Services Advisory Committee and local services agencies. Page 24 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Continue allocation of scare resources to meet urgent community needs as identified through a community assessment process. Funding of AIDS Services, Denton County MHMR, Family Health Center, HOPE Inc., Interfaith Ministries, PARD: ASAS/TRAC scholarships - Owsley Summer Playground Program - King's Kids Day Kamp, RSVP, SPAN Inc., Community Food Center, Salvation Army, Court Appointed Special Advocates, Denton City County Day Nursery, Denton County Friends of the Family, Denton Family Resource Center, Fred Moore Day Nursery School, Sickle Cell Disease Assoc., Denton Christian Preschool, Children's Advocacy Center, Singing Oaks Church of Christ, Cumberland Children's Home, Fairhaven Retirement Home, Riding Unlimited and Owsley Community School. Support of Adult Day Care of North Texas INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES Street paving and repaving, installation of curb and gutter. Installation of new sidewalks and replacement sidewalks. Installation of water and sewer lines. Connection of residential units to services. Installation of drainage improvements removing residential areas from floodplain. Rehabilitation and expansion of public services facilities. Improve and/or expand park facilities including open space, playground and other recreational facilities. Correction of deficiencies affecting the health and safety of neighborhood residents. 21,000 square yards of paving and/or repaving completed. Installation of 2,325 square yards of new sidewalks. Installation of 200 feet of new sewer and 2,000 feet of new water lines over the 5-year period. Eight to ten residential properties no longer designated as being in the flood plain. Improvements to 2 or more public service facilities that enhance services to low/mod clientele. Improvements to 2 park facilities by 2005. Graffiti removal on the exterior of businesses and removal of environmental contaminants from dumpsites. Positive input from the community on the effectiveness of these programs. Not applicable this year. Not applicable this year. Funding of Crescent Sewer Project. Not applicable this year. Funding of improvements at Denton City County Day School and Owsley Community School Addition. Funding for MLK Playground Equipment Project and American Legion Hall Breezeway Project. Continuation of Illegal Dumping and Graffiti Abatement with residual funds. Page 25 5-yr Consolidated Plan Strategy 5-yr Consolidated Plan Outcome Measures 1-yr Action Plan Proposed Activities DEMOLITION STRATEGIES Continue to demolish substandard buildings to improve the appearance and safety of neighborhoods. To demolish 35 structures during the five-year period. Funding the Demolition Program and Phoenix Apartment Demolition Project. ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES Support training and expand training and employment activities targeted to poverty and very low-income households. Expand educational opportunities for those seeking transitional housing or other housing support services. Encourage support of Section 3 goals by local contractors. Encourage start-up and expansion of micro/cottage industries supporting very low- income hhs. Observe a measurable increase in the number of poverty and low- income households who achieve self-sufficiency. Feedback indicating information was disseminated. 25-35 hh over 5 years in transitional prog receive counseling services. Over the five-year period 25+ individuals hired for projects by private contractors. Loan assistance to 25 microbusinesses over the five- year period. Support to North Texas Human Resource Group Funding of HOPE Inc., Denton Affordable Housing Corp., and Support of Consumer Credit Counseling Funding of the Crescent Sewer, Denton City County School electrical improvements, Owsley Community School Addition, American Legion Hall Breezeway, Phoenix Apartment Demolition Project. Funding of Small Business Program with residual funds. Participation in Denton Small Business Group. Page 26 2004 PROPOSED PROJECT MAP With Minority Concentrated areas by Census Tracts 2004 Projects and Activities 1. AIDS Services of North Texas 2. American Legion Breezeway Project 3. Crescent Sewer Line Project 4. Cumberland Children's Home Project 5. Denton City County Day School Project 6. Family Health Care/Interfaith Ministries 7. PARD: Kings Kids Day Camp/ MLK Playground Equipment/ Phoenix Apartment Demolition 8. PARD: Owsley Summer Playground 9. Salvation Army Communi _ty-Wide Activities CDBG and HOME Administration Denton Affordable Housing Corp. - AHOP Program Habitat for Humanity of Denton County Home Improvement Program Homebuyer Assistance Program HOPE, Inc. Interfaith Ministries Microenterprise Loan Program Minor Repair Program PARD: ASAS Scholarships Rental Rehabilitation Program Tenant Based Rental Assistance Page 27 OTHER PROGRAM SPECIFIC REQUIREMENTS HOME PROGRAM - FORMS OF INVESTMENT The City of Denton, through the Homebuyers Assistance (HAP) will provide subsidies to low-income homebuyers. Under each program the maximum HOME subsidy will be $14,900. This amount includes all investment that enables the family to purchase the unit. This sets up a 5, 10 or 15-year recapture period for all homebuyers. The subsidy is provided as a 5, 10 or 15 year deferred forgivable loan. The borrower agrees to occupy the property as his/her primary residence for the term of the loan from the execution date of the promissory note and deed of trust. The borrower must also agree to pay all mortgage payments, taxes and other assessments on the property in a timely manner. In the event the borrower complies with the terms of the promissory note, deed of trust, and the HAP Program, the City of Denton agrees to release the maker of the note from payment of the loan. Upon the borrower's failure to carry out the agreement and program requirements the entire amount of the loan, less one payment for each month after execution of promissory note, will be due and payable in full immediately from net proceeds. Net proceeds are defined as the sale price minus loan repayment and closing costs. Recaptured funds from the HAP Program will be used to assist other first-time homebuyers. Funding agreements and/or contracts with community housing development corporations and/or subrecipients will include a requirement that the organization comply with HOME regulations in regard to continued affordability of assisted units. There are no other forms of investment that are not described in §92.205(b) by the City of Denton. HOME PROGRAM - TENANT BASED RENTAL ASSISTANCE The City of Demon's Tenant-Based Rental Assistance Program (TBRA) has been developed to assist very low-income households in obtaining safe, sanitary housing. According to the 2000 Consolidated Plan for Housing and Community Development, 54% of renters are very low income. The Plan also states that there are 491 very low-income households on waiting lists for Section 8 subsidies or subsidized housing units. The elderly population in Demon has increased by 29% since 1980. About 40% of the elderly in Denton are renters. More than 65% have incomes at or below 50% of the area median income. Housing studies indicate that there is adequate housing for middle and upper income elderly. However, service providers state a need for additional housing that is within the reach of low and very low-income elderly. Support services, designed to allow the elderly to remain independent, are needed as a supplement to the housing assistance. Information provided by citizens at a December 1997 public hearing indicated a need for rental assistance targeted to persons with disabilities. Citizens noted that there was no assistance available and that the waiting list for Section 8 assistance was extremely long. The information discussed in the 2000-2005 Consolidated Plan concerning the need for affordable rental housing for the elderly and citizen requests for assistance for persons with disabilities has led the City of Denton to adopt a Tenant Selection Policy. This policy will be used to determine appropriate participants under the City's Tenant-Based Rental Assistance program. TBRA is an essential element of Denton's Consolidated Plan and will serve to expand the supply of affordable, decent, safe and sanitary housing for very low-income households. Page 28 AMERICAN DREAM DOWNPAYMENT INITIATIVE (ADDI) The American Dream Downpayment Initiative is a new component under the HOME Investment Parmerships Program (HOME), which was allocated during the 2004-05 program year. ADDI aims to increase the homeownership rate, especially among lower income and minority households, and to revitalize and stabilize communities. The program was created to assist low-income first-time homebuyers in purchasing single-family homes by providing funds for downpayment, closing costs, and rehabilitation carried out in conjunction with the assisted home purchase. The City of Denton plans to utilize the ADDI funds under its current Homebuyer Assistance Program, which is currently using CDBG and HOME funds to assist first time homebuyers with down payment and closing costs. The City of Denton is also planning on conducting targeted outreach to residents and tenants of manufactured housing and Section 8 recipients for the purpose of ensuring that ADDI funds are used to provide down payment assistance for such residents, tenants, and families. This will be accomplished by sending out information about the City's Homebuyer Assistance Program that explain who is eligible for assistance, the type of houses that are eligible and the process to obtain assistance. MONITORING STANDARDS AND PROCEDURES The City of Denton will complete an annual comparison of the objectives stated in the 5-year Consolidated Plan with actual accomplishments. Based on the comparison the City of Denton will consider making changes or updates to the 5-year Consolidated Plan. The City of Demon provides CDBG, HOME and General funds to several non-profits agencies and departments providing supportive services. The City's Human Services Coordinator monitors agencies on a daily basis. Each year agency staff is provided with training on financial procedures and data collection. Agency staff is provided with appropriate Federal guidelines and OMB circulars to ensure that they have access to pertinent information. Agencies are required to provide quarterly beneficiary and financial reports. A year-end report is required to detail annual expenditures, beneficiary information, funding sources and maj or accomplishments. Each year, the Human Services Coordinator completes a risk analysis based on established criteria. On-site monitoring visit are completed on all "high risk" organizations. The on-site monitoring includes a review of client files, financial and accounting records, and procurement procedures. Independent audits are also submitted and reviewed by the City staff. A similar process is also followed to monitor the Denton Affordable Housing Corporation, a certified CHDO. The City's Community Development Administrator with the help of the Coordinator monitors the CHDO on a regular basis to ensure that the non-profit is meeting HOME regulations. Programs and projects carried out by the City are monitored daily. Staff maintains checklists on individual projects to ensure that all required procedures have been completed. The Housing Rehabilitation Staff maintains records on all rehabilitation projects. The Community Development Coordinator maintains records for the Homebuyer Assistance Program and the Administrator maintains records on public infrastructure projects. The Administrator reviews and certifies all applications prior to provision of assistance. A year-end report that details expenditures, revenue, beneficiary information and major accomplishments is also required from all City programs and projects. Page 29 PUBLIC HOUSING IMPROVEMENTS The City of Denton has no public housing units. PUBLIC HOUSING RESIDENT INITIATIVES The City of Denton has no public housing units. However, City staff will continue to work with the Denton Housing Authority to promote the Homebuyers Assistance Program to those currently receiving Section 8 assistance. Information on the Homebuyer Assistance Program has been mailed to all Section 8 recipients with their utility bills. No resident initiatives strategies were included in the Consolidated Plan. INSTITUTIONAL STRUCTURE The City of Denton's 2000 - 2005 Action Plan notes four "gaps" in organizational structure that hinder effective housing and social services delivery. These gaps include the following with the City's efforts to ameliorate these conditions during the coming year: 1. More effective coordination among Continuum of Care agencies. Community Development will continue to work closely with the Denton County Homeless Coalition. DCHC was formed through the effort to create a joint Continuum of Care plan for the cities of Denton and Lewisville. The DCHC has established a "Steering Committee" to facilitate planning and implementation of homeless and homeless prevention services. Five local agencies collaborated on an Emergency Shelter Grant Program application to the State. Approximately $116,000 in funding was awarded by the State. This was a 100% increase over prior year funding. Denton County Mental Health Mental Retardation also received approximately $700,000 in Supportive Housing funds under the Continuum of Care NOFA. 2. Initiation of advocacy efforts and strategic planning by housing providers. Local housing providers continue to work together in an attempt to develop a single housing advocacy group for the Denton community. HelpNET has agreed to take on the "staff" position for the group in an attempt to provide some continuity. University of North Texas staff is participating in the advocacy group along with local realtors, lenders, the Denton Housing Authority, the City of Denton, Denton Affordable Housing Corporation, HOPE, Inc. and other housing professionals. Lack of Involvement by private developers and builders in the affordable housing production system. Denton has seen an improvement in the participation by private developers and builders in affordable housing production. More builders participate in the bidding process. The Community Development Division continues to attend local quarterly and monthly builder's meetings to bring awareness of affordable housing programs to the builders and to solicit their participation. Page 30 Lack of experience by private contractors in lead hazard reduction and lack of funding to complete projects. The Community Development Division provides reimbursement of training fees to participating contractors who become certified to complete interim control or abatement projects. Funding is also available to offset liability insurance cost increases when certified contractors add hazard material riders to their General Liability insurance coverage. The City of Denton is a partner agency with the City of Fort Worth in a lead hazard control program. Fort Worth is also providing funding to contractors to become certified in lead hazards, which will provide additional trained firms to this area. Page 31 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regaxd. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug-free workplace by: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Page 32 Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or a~ employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal gra~t, the making of any Federal loa~, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; If any funds other tha~ Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and It will require that the language of paragraph (n) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, a~d contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with Plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature of Authorizing Official Date City Manager Title of Authorized Official Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic oppornmities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570.) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Page 33 Use of Funds -- It has complied with the following criteria: Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities that benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other £mancial resources are not available); Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2004 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low a~d moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, ifCDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) £manced from other revenue sources, a~ assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements £manced by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, a~ assessment or charge may be made against the property for public improvements financed by a source other tha~ CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; a~d A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination Laws -- The grant will be conducted a~d administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -- Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR § 570.608; Compliance with Laws -- It will comply with applicable laws. Signature of Authorizing Official Date City Manager Title of Authorized Official Page 34 Specific HOME Certifications The HOME paxticipating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- It is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- Before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing. Signature of Authorizing Official Date City Manager Title of Authorized Official APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug-Free Workplace Certification By signing and/or submitting this application or grant agreement, the grantee is providing the certification. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. For grantees other than individuals, Alternate I applies. (This is the information to which jurisdictions certify). 4. For grantees who are individuals, Alternate II applies. (Not applicable jurisdictions.) Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. Page 35 Workplace identifications must include the actual address of buildings (or pm:ts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paxagraph five). The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Community Development Division, 101 S. Locust, Suite 500, Denton CiW and CounW Texas 76201 Check __ if there are workplaces on file that are not identified here; The certification with regard to the drug- free workplace required by 24 CFR part 24, subpart F. De£mitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further de£med by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by a~y judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the gra~t and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Page 36 Community Development Public Hearing November 17, 2003 Martin Luther King Jr. Recreation Center Attendees: Peggy Fox Will Taylor Eddie Touraine Louis Clay M. W. Jackson Sr. W. J. Reed III Sandra Benavides Clifford Berry Bill Giese Jane Provo John Clay Helerdio Perez Chandra Heggins Luther McDade Lucille Bruce Bette B. Sherman Peternia Washington Billy Redmon Carl Young Rev. Lloyd Pullam Betty Kimble Laura Williams Barry Fisher Annie Mae Hare Robbie J. Gober Barbara Ross, Community Development Administrator opened the hearing by introducing the staff, committee members and special guests. Peggy Fox, Eddie Touraine, Will Taylor, Sandra Benavides and Bette Sherman represented the Community Development Advisory Committee. James McDade was present and represented both the Human Services Advisory Committee and Habitat for Humanity of Denton County. Representatives from local service organizations included Bill Giese, Chair of the Denton Housing Authority Board of Commissioners, Jane Provo, Executive Director of the Denton Affordable Housing Corporation, Laura Williams, Fred Moore Nursery School and Barry Fisher, Boys and Girls Clubs. Nancy Baker, Anita Ferguson, Gordon Meredith, Wendy Nalls and Luisa Rodriguez-Garcia of the Community Development staff were also present. Ms. Ross described the projects and programs that have been completed during the past year and the numbers of households served through the use of Community Development Block Grant and HOME program funding. She also commented on projects that have been funded but are not yet completed and the City' s Lead Hazard Control and Continuum of Care efforts. Ms. Ross asked for questions and comments regarding activities during the past year. There were no comments. Residents were asked to divide into small groups. Group members discussed issues concerning community needs, the effectiveness of existing programs and the need for new programs or projects to address specific needs. Below is a listing of the community needs discussed in the various groups. Public Improvements: GROUP A - Gordon Meredith 1. Traffic light at Morse and Woodrow 2. More traffic lights on Loop 288 3. Widen E. McKinney St. 4. Repave Eagle Dr. 5. Improve exterior security lighting at MLK Center.* 6. Build breezeway between new American Legion annex and old building.* Page 37 * Group members indicated these were priorities. Public SaJkty 1. Enforce speed limits on Wilson St. especially in moming and afternoon when school children from Tomas Rivera are present. Programmatic 1. Change the way affordability is calculated i.e. statistically remove Denton (either City or County) from Dallas MSMA for purposes of income calculations and Fair Market Rents. GROUP B - Barbara Ross 1. Program that allows residents to build affordable units on property they own. 2. After school care with transportation available to day care. 3. Assistance for youth who drop out of school - youth jobs program 4. Problems with crime and drug traffic near Fred Moore Day Nursery School and Chambers area. 5. Senior citizens jobs program. 6. Pecan Creek drainage channel from Phoenix to Bradshaw need to be cleaned out and improved as other drainage areas have been. 7. Walking trail in Denia area. 8. Streets in Denia area need to be repaved. 9. Concerns were voiced regarding management of Section 8 waiting list. 10. Drainage problems in Robertson - Cook Street areas near church and railroad overpass. 11. Stray animals are not being picked up in the neighborhood. Specific areas mentioned were Crosstimbers/Mill and Chambers/Smith area. 12. Equipment at City parks no longer meets State-licensing requirements therefore children at licensed day cares can no longer play on equipment. GROUP C - Anita Ferguson 1. Open east area as an entrance at Fred Moore Day Care - safety issue. 2. The handicapped are having a serious problem with access to transportation. They are not able to get to L1NK. Many have become housebound. 3. Johnson Street has overgrown trees. Trees need to be trimmed. 4. Preventative healthcare is needed through public organizations. 5. Affordable Housing - City needs more new construction in Southeast Denton, similar to the two houses Community Development built on Robertson. 6. At Duncan Street on City property there is water standing, inviting mosquito breeding. Code Enforcement told citizen that a retaining wall needed to be built to prevent the water from pooling. 7. There are several citizens on scooters for the disabled that have to travel in the street traffic to go from Prairie to Lakey Street to get to the Senior Center. Need either sidewalks, or a bike lane along curb. 8. Seniors need affordable housing in their neighborhoods. Affordable senior housing should be built in Southeast Denton. Seniors do not want to leave their neighborhood and churches by moving out of the neighborhood to Pecan Place, Primrose or Heritage Oaks. 9. The lack of rent subsidies was discussed. The need for Section 8 is a very serious situation. Mr. Giese stated that applications might again be accepted in the spring of 2004. He explained that DHA is trying to develop a project to replace the Phoenix Apartments, but a real issue is displacing the families that are presently living in the apartments. He feels that this would be a long process. DHA believes the project should be transitioned and the DHA board wants Page 38 input from the community as to what would be acceptable to the neighborhoods. 10. The City's PLUS-ONE program should receive more publicity. 11. Needs to be an attempt to educate young people about the importance of good credit. Some credit classes have been provided but residents commented some people were not willing to participate in the classes because of the group that was involved. More credit classes should be offered. It was suggested that the pastors in the local churches be incorporated in things offered to the community. Residents will follow their pastors' guidance and would be more willing to participate, if they were told through their churches the importance of good credit. 12. The churches should be contacted and the pastors be asked to encourage their parishioners to contribute to PLUS ONE. 13. Charlye Heggins offered to make any community announcements on her radio program. 14. The citizens felt that the programs in place were good programs, but more money was needed. 1. American Legion Hall a. b. C. d. e. 2. Willow f. GROUP D - Wendy Nails Breezeway to connect the two buildings. Furnishings including tables and chairs and media equipment. Funds for programs and operations. Water fountain Window between the office and multi-purpose room Creek Area Street to connect Scott/Morse Street - important for emergency vehicles and child safety. g. Area opened up with a street connection should be developed for affordable housing. h. The creek paving project should be extended past the school to end the flooding and drainage problems 2. Funding priorities should be affordable housing and social services not public improvements with federal funds. 3. Fred Moore Day Nursery School needs an expanded building and additional parking. 4. All of the day care programs should continue to receive funding. 5. Minor repair program should continue. 6. Demolition program for sub-standard building should continue. 7. Need more affordable housing. 8. Need more affordable lots of lands for housing. 9. Senior/disabled housing is needed in Southeast Denton especially assisted living or limited service small apartments. 10. Low-income family housing is needed. 11. Need a community system to coordinate social services since HelpNET is no longer functioning. 12. After-school program at Sullivan-Keller for activities like boxing, basketball, and other sport programs and educational activities. 13. A Kiddie Park on the Northeast end of the park near Bradshaw. 14. Speed bumps on the top of the hill on Morse or some other form of traffic control to reduce speed. GROUP E - Nancy Baker Impact fee grants should be available to "for profit" builders if they are building "affordable housing units." Funding for a program to build a home on vacant lots when the City demolished properties on these lots. Page 39 Make City HAP funds available to purchasers of housing if DHA gets the "rent-to-own" program off the ground. Information was requested regarding the Denton Housing Authority's plans for the lots they had purchased. Staff informed the residents that there were two lots with substandard structures to be demolished with CDBG funds but that future DHA plans were not known. Reverend Pullam asked to be placed on the mailing list to receive a copy of the HS grant application for 2003. Barry Fisher, Denton Boys and Girls Club asked to be placed on the list to receive a copy of the HS grant application for 2003. Group members discussed concerns regarding the homeless. One individual stated that the Salvation Army has a few rules that exclude some homeless from receiving assistance. Some of the homeless do not want to comply with all of the rules. The need for additional beds is definite. Programs for youth who have dropped out of school and those in school who are slipping through the cracks. There is a need for supervised activities and a jobs program where the youth could learn a skill while earning a little income and gaining emotional skills and learning good life values through mentoring. Residents asked if the Denton Housing Authority and the Denton Affordable Housing Corporation were going to partner in building new construction for the "rent -to-own" program that may be being developed. The participants reconvened in a single session and reviewed the comments from each group. Participants were asked to complete the funding surveys that were on each table. No further comments were received. The public hearing was adjourned. Survey Comments: 1. That we would all come to realize the importance of the electric bills for the elderly by donating $1.00 per month. 2. This is not something I just want but something I need and was promised a few years ago. Community Development Public Hearing December 8, 2003 North Branch Library Attendees: Pat Gobble Annie Mae Hare Laurie White Phil Gallivant Jr. James McDade Eddie Touraine Sondra Ferstl Keely L. Aust Ray Twehous Sheila Gianniny Glenn Queener George Adams Lauren Hoofnagle Barry Fisher JoAnn Ballantine Barbara Ross opened the hearing and introduced Community Development Advisory Committee members Sondra Ferstl and Eddie Touraine and Human Services Advisory Committee member James McDade. Community Development staff members Anita Ferguson and Gordon Meredith were also introduced. Ms. Ross stated that the purpose of the public hearing was to get citizen input on the use of the City's federal Page 40 funds. She reviewed eligible activities under both the CDBG and HOME programs and gave attendees some information on last year's activities. She then asked for comments or questions. Phil Gallivan stated that he supported Captain Queener and George Adams at the Salvation Army and their work with the homeless population. He added that there needs to be better job-training programs for the homeless. Pat Gobble of the United Way commented that there are many needs. The greatest need is affordable healthcare. The United Way has done a needs assessment and found that there are working people who cannot even afford insurance co-pays. There are only six doctors in the area that will accept Medicaid and CHIPS patients. There is a coalition working to open a new clinic with a sliding scale fee for those who have no insurance or who have governmental insurance. Emergency Rooms are feeling the brunt, but there is no follow up care when people go to the ER and they cannot afford to have prescriptions filled. There needs to be ways to implement healthcare in the community for the gap in services. The new clinic will be asking for funds for renovations and equipment. Captain Queener stated that there is a great need for homeless services. The homeless population is growing. There are many people on the streets. There needs to be economic development. People need jobs. Barbara Ross suggested Captain Queener contact the Texas Workforce Commission since they were set up to be the connection for people who need to find jobs. She asked Captain Queener if they were trying to set up any new programs. He explained that the Salvation Army is staying with programs they already have in place. There was a suggestion that a shelter be built that could keep families together. Laurie White said that her church, First Presbyterian, gives funds to Interfaith Ministries. There is a gap that needs to be closed. Funds need to be available to help with transportation. Travelers sometimes ask for money for gasoline, so they can get home. People need transportation to work, bus tokens, emergency housing. They sometimes ask the church for money to stay at the Clayton House. There is a need for money for prescriptions, electric and gas bills, rent, etc. People need money to pay for their 20% co-pay for Medicare. Barbara Ross suggested that SPAN could be an agency to address the needs of the co-pay for the elderly. Sheila Gianniny with the Denton Affordable Housing Corporation stated that there is a need for long-term programs to improve the situation for the homeless. Transitional housing, counseling and assistance to become self-supporting are needed. Also, home prices in this area have escalated. Hard-working people cannot afford to buy a home in Denton. More affordable housing is needed. Laura Hoofnagle with the Girl Scouts commented that the Girl Scouts run a program for at-risk girls called the Chances Program. They go to where the girls are. The program started with 35 participants and has increased to 500. It is a preventative all-girl program. It was suggested the Girl Scouts contact the sororities at UNT and TWU. Ms. Hoofnagle stated that they had considered this but that the girls don't have a lot of role models and might feel abandoned when the students leave. Keely Aust with Heritage Oaks, Denton Housing Authority, stated that Heritage Oaks was built in the late 70's and has three underground springs, which are causing the apartments to settle and the parking lot has heaved. The parking lot and handicapped ramps need to be replaced. Ms. Aust also stated that there is a mobile physician from Care Link in Dallas that accepts Medicaid. They will make house calls. Annie Mae Hare said that she is having a problem with drainage on her property. She stated that she believed it was caused when the neighbor's house was repaired. Also, trees on Ruth and Hill Street and Robertson and Cook need to be trimmed. They are interfering with the utility lines and the stop sign. Page 41 Jo Ann Ballantine of the United Way felt that there is a need for medical care for people who don't have insurance. There are many people who are employed, but who do not have medical coverage. Ms. Ross urged those present to also contact their State legislators and members of Congress to let them know of these concerns. The hearing was adjourned. Survey Comments: The hump on Robertson Street and Cook Street has been there too long. Sooner or later there is going to be an accident. Trees on Hill and Ruth blind the street light. People cannot be seen at dark while they walk. · Preventative youth services. Denton needs to deal with an ever-increasing homeless population seeking shelter, job education, employment and most of all - shelter with a warm wholesome meal. Phil Gallivan, Chair, Salvation Army Advisory Board · All social service needs are important, but in prioritizing the most severely needed are those I checked. Health care for the uninsured is the #1 priority for this community. · The number of meals served in the two feeding programs, Our Daily Bread and the Salvation Army, has increased dramatically over the past year and a half. · We have seen a large increase in the homeless. · I hope that the City will consider partnering with other local organizations. Through collaborative arrangements we can do more for Denton. · There is not enough low-income housing to meet the growing demand. Build, build, build. 1) Elderly need assistance with Medicare insurance premiums to help cover the 20% cost that Medicare doesn't pay. 2) Emergency funds to help indigent and homeless with needed payment of utility bills when utilities are about to be cut off- Interfaith's requirements are too limited, prescriptions (when persons can't afford them) and overnight housing when Salvation Army is full, or for some reason can't take the person. In the last several years, United Way of Denton County has conducted needs assessments. All of the results of these studies point to a tremendous need for health care. It is obvious that this is a primary concern to our citizens. Everyday our office takes calls from people who have no insurance and many who work several jobs that offer no insurance. They have serious physical needs and no way to take care of them. Many of us on insurance are blessed by having medical benefits with which we can maintain our health. There are many medical problems that are ignored by people because they have no place to go until it becomes an Page 42 emergency. Also, although children do qualify for the CHIP program locally, there are only six providers who have elected to participate in this program. With almost half a million residents in this county, six is a very small percentage of medical personnel to take care of the many children in the CHIP program (CHIP - Children's Health Insurance Program). Please help us solve our most pressing needs by focusing on what matters. Jo Ann Ballantine, United Way Action Plan Public Hearing April 15, 2004 City Council Meeting Carol Puckett, chair of Adult Day Stay (formerly Adult Day Care) Board of Directors, provided information on the agency's recent move to a facility on University Drive. She noted that Andre Villarreal, executive director, was very busy moving the agency to the new facility and this is the reason why the human services application was not submitted by HSAC's due date. Ms. Puckett described the services that the elderly receive at the center. She asked Council to consider providing $9,000 in funding to the agency. Andre Villarreal explained how the City's funds are used to subsidize services for Denton's low- income elderly. He requested that City Council consider funding the agency. Mayor Brock stated that she had received a blue card from Dan Leal, executive director of the Children's Advocacy Center of Denton County, supporting the Human Services Advisory Committee's recommendations. Carolyn Phillips stated her concerns regarding the City's housing stock. She commented that the homeownership program does not assist African-Americans. Ms. Phillips noted that Nancy Baker and Barbara Ross from the City staff had recently attended a SEDNA meeting to discuss the City's Home Improvement Loan program. She stated her concern about City home improvement loans and the fact that the City places liens on the properties of elderly residents in her neighborhood. She commented that the City had too much control over these properties. Ms. Phillips asked for information on the ages of persons assisted by the program. Darhyl Ramsey, chair of the Owsley Community Center Board of Directors, suggested that if City Council was going to consider funding for Adult Day Stay, then they should also consider other applications that were not submitted by the due date. Mayor Brock stated that Council received an email comment from John Johnson. Council's policy does not allow reading comments into the meeting records but she did state that Mr. Johnson was not supportive of these types of public assistance programs. Page 43 Community Development 30-day Comment Period from 3/29/04 through 4/30/04 The following comments were received during the City of Denton's 30-day comment period: 1. The following e-mail was received on April 20, 2004 from John W. Johnson at 1517 Linden, Denton, Texas 76201-2724 There was a time not long ago when we were told to save our money until we could afford to buy a house, then buy what we could afford. When we got our first one, we had the opportunity to improve the property by our own sweat equity and money, either to make it fit our needs or to resell in order to move up. The option of having your neighbors fund your down payment (who else provides the money for grants?), and maybe even the cash for improvements simply wasn't available in the not-too-distant past. Of course, it is much more difficult to save money if you marry young and reproduce, and even more difficult if you reproduce young but don't marry. It is also difficult to save if you have never been taught self-discipline in consumption. These programs, combined under Housing and Community Development, while noble in intentions are some of the many programs designed to help low-income and indigent people. Examples of other programs are 'The People's Clinic' (virtually free health care provided by the County only for low income folks-sounds like something fight out of Mao's Little Red Book), and the multitude of government supported day care, transportation, and feeding programs, some listed in this Community Development breakout, but of course there are others. Of specific interest in the breakout of expenditures is the $281,254 listed for Administration ($215,684 for CDBG admin, and $65,570 for HOME admin). That is 15.5% of the $1,808,739 total. Seems a bit high for the real world, but maybe not for government operations. It could be that these administrators actually administer more funds than is shown. For instance, we know the total funding for these Community Development projects is understated by at least the funds that will be provided by the General Fund and other programs (See Consent Agenda item H. --grants to pay water and wastewater impact fees for single family affordable housing residential units.) One doesn't have to look far to see the effects of our past generosity. Simply look at the magnitude of charity work done at our hospitals. The number of cases and dollar value is growing at an astronomical rate, especially over the past few years. Denton has to direct itself. We can encourage low income people to come by providing generous public assistance of various types, making our city a magnet for that segment of society, or we can practice the 'Tough Love' approach by teaching people to take responsibility for their own lives and futures. We do no one a favor by giving the impression that everything 'will be provided.' There is very little truly high-end, a substantial amount of mid-range, and quite a lot of low-end development in the city of Denton. Maybe we have already made our choice. While most speakers tonight will petition for increases, I favor substantial reductions in, or elimination of all listed programs. Page 44 Community Development Advisory Committee Official Minutes February 11, 2004 at 12:00 p.m. City Hall Conference Room Members Present: Sandra Benavides, Cassandra Berry, Hank Dickenson, Sondra Ferstl, Peggy Fox, Bette Sherman, Will Taylor and Ed Touraine Staff Present: Barbara Ross Ed Touraine, Chair, called the meeting to order at 12:00 pm. He introduced Carolyn Berry, Executive Director of Denton City County Day School. Carolyn Berry presented information to the CDAC regarding the request bythe School for funding to update the facility's electrical service and wiring and to replace the single-pane windows. Denton City County Day School is requesting $9,400 for the electrical update and $14,940 for window replacement. Ed Touraine asked if the School would request bids for the project. Carolyn Berry explained that they always get at least three bids. Sondra Ferstl asked which project was the priority. Carolyn Berry indicated that it would be the electrical - it was a potential hazard and they often trip breakers when using the kitchen equipment. Peggy Fox asked about the status of the 2003 project funded through CDBG. Carolyn Berry stated that the drive was complete and the sidewalks would begin soon. Cassandra Berry asked if Historically Underutilized Businesses (HUBs) ever bid on these projects. Carolyn Berry stated that she works with the City on this. Ms. Ross stated that the Purchasing Department has a list of these vendors and that they are informed of City projects. She stated they would work with the School to ensure that any identified HUB contractors are informed of the project bid timeline. Jane Provo, Executive Director of the Denton Affordable Housing Corporation introduced herself and Deputy Director, Sheila Gianniny. Ms. Provo gave a history of the organization's Affordable Housing Opportunities Program (AHOP). She described the program activities including acquisition, rehabilitation and down payment assistance on the units. Ms. Provo pointed out that the funding used in AHOP is recycled back into the program. DAHC is requesting $165,000 for AHOP. Ms. Ferstl asked about the number of units that could be purchased with the $80,000 requested for acquisition. Ms. Provo responded that it could be recycled three or four times. Ms. Fox asked how successful they would be in acquiring 32 units in one year when previously they've only done 10 - 15 units in Denton. Ms. Provo stated that in previous years, 25 had been the maximum, but she felt that number could be increased. Ms. Provo, Ms. Ross and CDAC discussed the use of HOME funds to provide down payment assistance on the Nevada and Oriole Court units. Members asked Ms. Provo to review the budget numbers. Bette Sherman asked if DAHC had a waiting list. Ms. Provo explained that they don't have a list but that they are constantly marketing their homes. Ms. Sherman asked who came in for assistance from DAHC. Ms. Provo stated that they served everyone - young families, single parents and single individuals. Ms. Sherman asked what their priority would be. Ms. Provo stated that if there were a reduction from the requested amount that every budget item be reduced proportionately. There was a brief discussion about the fact that DAHC had not held its regular annual public meeting to discuss organizational activities. Ms. Provo indicated that this was due to the large number of meetings held in conjunction with the Nevada and Oriole Court projects. It was determined that this would not affect their 501(c)(3) status. Ms. Fox asked about the day care project on Mill Street. Ms. Provo explained that there was some neighborhood opposition to the project. The unit is now used as a group home for the developmentally disabled. Hank Dickenson asked about the comment regarding DAHC' s poor reporting habits. Other committee members also expressed concern. Ms. Ross commented that DAHC does eventually submit the required reports and that Community Development staff withheld payments until reports were received. DAHC and CD staff members are working with to improve reporting. Ms. Ross added that she would provide copies of monitoring reports from any of the requesting agencies that are currently funded by the City. Page 45 Ed Touraine introduced Lee Ann Heath and James McDade of Demon Habitat for Humanity. Ms. Heath told the "story of Habitat." She stated that the Board noted the overlap between what Denton and Lewisville were doing and decided to combine the organizations. She stated that the $150,000 request was for acquisition of 15 lots for Habitat homes. Mr. Touraine asked for some clarification on the staff budget figures. Ms. Heath stated that they hoped to make a part-time position full time in the future. Ms. Sherman asked about the source of the $250,000 in income from their organizational budget. Ms. Heath described Habitat's holding of mortgage notes as the source. She stated that the funding is constantly revolving. Ms. Fox asked if they have ever had any foreclosures. Ms. Heath stated that one woman was not able to continue to pay her note but that they bought the home back from her. The members and Ms. Heath discussed whether the funds would be used for scattered sites or for a large tract. Mr. Touraine asked about opposition to Habitat projects. Ms. Heath responded that there had been some concerns when people did not understand the selection process. She added that Habitat has never experienced any major opposition. Ms. Ross asked if they had ever held a neighborhood meeting to discuss potential projects. Ms. Heath stated that they have attended other meetings but have not held one. Ms. Sherman asked about the tithing expenditure. Ms. Heath stated that they give 10% of their non-designated funds (CDBG or HOME would be considered designated) to the international Habitat organization for missions. They request that their mission funds go to Mexico. Members discussed where the lots might be available and whether there was sufficient volunteer labor to complete 10 units in one year. Ms. Heath stated yes in both instances. Ms. Heath stated that the units run from about 1110 to 1175 square feet and are three-bedroom, one bath. Families can choose between a 2® bath, washer/dryer or dishwasher as an option. Ms. Ross asked if they were requesting funds from Lewisville or Flower Mound. Ms. Heath responded that the minimum unit size in Flower Mound is 1800 square feet and therefore they are not able to build there. Lewisville has no affordable land available. Habitat is not requesting funds from the cities. Ms. Sherman asked the purpose of combining the boards. Ms. Heath stated that itwas for fundraising and education purposes. Ms. Ross introduced Rebecca Guthrie of the City's Engineering Department. Ms. Guthrie reviewed the Crescent Street Sewer projects. She noted that the City has had various customer complaints because there are often sewer back-ups in the area and the sewer main runs through the front yards rather than the street. Engineering is requesting $108,386 for the replacement of two lines. Members discussed the City's policy of replacing six-inch lines with eight-inch lines. Ms. Ferstl asked why the project was split into two requests. Ms. Guthrie explained that it was merely to give the committee some options if funds were tight. Ms. Ross introduced Colette Franklin, Grants Manger for the Denton Housing Authority. Ms. Franklin provided the committee with information on the Renaissance Courts project - redevelopment of the Phoenix Apartments site. She stated that 150 new units will be constructed on the site and DHA is asking for $250,000 to demolish the existing units. Not all units will be demolished at once. Families still residing in the Phoenix Apartments will have the opportunity to move into the new units or they will be provided appropriate assistance and could move to a new unit. Ms. Franklin stated that DHA would comply with the Uniform Relocation Act regarding displacement and relocation. She noted that the project would restore balance to the SE Denton neighborhood. The project will include programs to help residents become self- sufficient. Mr. Touraine asked about the role of Carleton Properties in the project. Ms. Franklin replied that Carleton would build the units. DHA has formed a limited partnership with Carleton on the project. Ms. Fox asked about a buffer between the development and the single-family units on Wood Street. Ms. Franklin noted that at this time, no buffer was planned but she would ask that the designers look at that. Ms. Franklin and the committee members discussed the design of the new complex, including the single entry off Hickory Street and the number of bedrooms per unit. It was concluded that the City of Denton would not approve a development that did not have adequate access for police and fire. Ms. Franklin commented that additional two-bedroom units did not work well in the tax credit application request. Members also discussed how the State's Affordable Housing Tax Credit program worked. Ms. Berry asked how they determined that multi- Page 46 family rather than single-family was fight for the area. She also asked if the neighborhood was OK with that. Ms. Franklin commented that the neighborhood residents were supportive of the plans. Ms. Sherman asked about the market rate units. Ms. Franklin initially stated that the tax credit program required some market rate units, however, Ms. Ross indicated that previous projects had 100% of the units below market rates. Ms. Ross added that she felt the mixed-income style of development was desirable and avoided concentration of low-income households in the same area. Members discussed the cost of demolishing the existing units. Ms. Berry asked how many units were currently occupied. Ms. Franklin stated that 49 of the units were occupied. Ms. Franklin added that DHA would be required to provide the families some options as to where they could move along with the option of moving into the Renaissance Courts. CDAC members commented on the high personnel costs based on the personnel budget provided by DHA. Ms. Ross expressed a concern that the most recent neighborhood meeting that included several Phoenix residents did not have an interpreter explaining to the group what was being said. Ms. Franklin commented that Mike Garcia of the DHA staff was talking individually with Spanish-speaking residents who were present. CDAC members requested some additional information from Habitat. Ms. Ross reminded members about the next meeting on February 18th at the Denton Area Teacher's Credit Union Administration building. The meeting was adjourned. Community Development Advisory Committee Official Minutes February 18, 2004 at 12:00 p.m. City Hall Conference Room Members Present: Sandra Benavides, Cassandra Berry, Hank Dickenson, Sondra Ferstl, Peggy Fox, Bette Sherman, Will Taylor and Ed Touraine. Others Present: Ron Aldridge, Barbara Ross Ed Touraine, Chair, called the meeting to order at 12:00 pm. Barbara Ross introduced Ron Aldridge, Executive Director of AIDS Services of North Texas. She stated that Mr. Aldridge would soon be a CDAC member. Mr. Touraine introduced the committee members to Darhyl Ramsey and Don Louis. Mr. Ramsey and Mr. Louis presented a request for $25,000 for an additional building to be purchased and moved to the Owsley Community School site. It was noted that the program served approximately 70 children and that their priority was getting homework done. Dr. Ramsey described the music and ESL programs and the need for additional space. Don Louis noted that the Owsley Community School's programs had expanded from serving youth to serving adults and families. Mr. Touraine asked where the new building would be located. Dr. Ramsey stated it would be placed behind the existing building. He added that this would not really affect the area in which the children play because they don't use the back yard that often. It was noted that the City owns the land where the OCS is located. Dr. Ramsey stated that OCS does not currently have a lease but could probably get one from the City. Bette Sherman stated that she felt there would be a better degree of comfort from potential funding organizations if there were a long-term lease. Sondra Ferstl asked if the $25,000 would pay for the entire building and getting it to the property. Dr. Ramsey and Dr. Louis indicated that it would. Peggy Fox noted that in the LINT Brochure that recently came out, the School of Community Service highlighted the Owsley program. Dr. Ramsey praised the School of Community Service. Dr. Ramsey added that this would be a good 5-year solution for the needs of the OCS and that perhaps a lot would be available in the area for future expansion. Page 47 Judy Keith and Kay Goodman representing the Cumberland Presbyterian Children's Home made a presentation regarding their proposed transitional housing program and the $525,000 request for funding to build three duplex units. Their goal is to expand services and provide a "continuum of care" approach to serving children and families in distress. Mr. Touraine asked about the average stay per family. Ms. Keith indicated that single parent families usually stayed about one year. Ms. Goodman stated that CPCH tracked these families for up to two years as they participate in the "after care" program. Ms. Keith added that they attempt to keep in touch even after that. Ms. Fox asked about their referral sources. Ms. Keith stated that they do serve several Denton families and get referrals from the Salvation Army, HOPE, Inc., the Lewisville Advocacy Center and DISD. She stated that there are no limitations regarding where referrals could come from. Members discussed the services provided by HOPE, Inc. Cassandra Berry asked if they have the resources to serve everyone in need. Ms. Keith responded that they do not. Single men have been turned away because facilities were not adequate. Ms. Ross asked if they requested funding from other cities. Ms. Keith indicated that they had not done so yet. Ms. Goodman stated that they would leave no stone unturned. Mr. Touraine asked a question about staff and Ms. Keith discussed their staffing. Amy Pape is director of the program. She is a graduate of TWU and does family-based therapy. Sandra Benavides asked if the housing might be redesigned to bring the cost down. Ms. Benavides specifically noted that perhaps two baths were not necessary. Ms. Keith indicated that the current design seemed to provide what is needed to serve these households. Ms. Keith and Ms. Goodman said they could look at the design and perhaps revisions could be suggested. Ms. Sherman asked for a description of the ethnic make-up of Cumberland's clients. Ms. Keith stated that there have been two Hispanic, several African American, several Caucasian families and one mixed race family. Amanda Green and Albert Montero from the City of Denton Parks and Recreation Department presented the request for $40,000 to build a new playground at the MLK Jr. Recreation Center. Mr. Montero stated that younger children could not play on the existing playground because of new State equipment regulations. Ms. Green added that this problem has come up at the neighborhood meetings. This is a request for stand-alone pre-school equipment. Mr. Touraine asked if all the parks were going to get this type of equipment. Ms. Green stated that Denia akeady had appropriate preschool equipment. Ms. Berry asked about other preschool programs. Ms. Green stated that only MLK and Denia have preschool programs. Mr. Touraine noted that the construction costs look fairly high. Ms. Green and Mr. Montero explained what must be done to build the playground and separate it from the existing playground. Mr. Montero stated that the equipment had a 15 to 20-year life. Ms. Sherman stated that the Denton Benefit League funded a Parks & Recreation request in the past to convert a van to handicapped accessible transportation for use by disabled children. The DBL has also funded other requests for playground equipment from other agencies. It is the type of request DBL likes to fund. She said she would send PARD some information regarding how to apply. Mr. Montero presented the request for $19,000 to build a breezeway at the American Legion Senior Center. He stated that the new portion of the center opened in July 2003. PARD couldn't attach the buildings because of concrete pad problems. The breezeway will allow the seniors to have protected access to both buildings. The seniors using the facility requested the breezeway. Will Taylor asked if it would be closed in. Mr. Montero responded that it would not. Mr. Taylor discussed some concerns regarding young people with skateboards and that this was a hazard. Ms. Green and Mr. Montero stated that the Parks Department would work on this issue. Mary Garcia and Ray Twehous presented the request for $61,806 to construct a new St. Vincent de Paul House. The facility would be used to provide food and clothing to those in need. Mr. Twehous noted that this is an all-volunteer program. There is no paid staff. Mr. Twehous has managed the project for five years. The facility will be open Thursday and Saturday mornings. There are no discriminatory practices. Ms. Garcia stated that the program started in 1992 when the pastor of Immaculate Conception Catholic Church said that Page 48 they ought to be doing something for those in need in the community. CDAC members discussed the size and location of the facility. Some concern was voiced that the site on Bonnie Brae would not be convenient for those wishing to access the food and clothing. Ms. Garcia and Mr. Twehous noted that in the past, clients usually came by car rather than on foot or by bicycle. Ms. Ross asked if they might coordinate their program with the Community Food Center and perhaps then they would not need a separate facility. Mr. Twehous explained that each facility may only provide a family with groceries once a month or a quarter and that a number of food rooms are needed so that families can get food. Ms. Sherman noted that the building would only be used two days a week and then asked why they needed the 3,700 square feet. Mr. Twehous stated that the space would be used for storage. Ms. Garcia stated that an architect donated the facility plan. It had been used for another facility so the size was already set. Members discussed the budget for completion of the facility. Ms. Sherman asked about their intake process and how they determined need. Mr. Twehous stated that they ask what the family' s income and compare it to low-income requirements but stated that income was not verified. The meeting was adjoumed at 2:50 pm. Community Development Advisory Committee Official Minutes February 23, 2004 Denton Area Teachers Credit Union Administration Building Members Present: Cassandra Berry, Hank Dickenson, Sondra Ferstl, Peggy Fox, Bette Sherman, Will Taylor and Ed Touraine. Members Absent: Sandra Benavides Others Present: Ron Aldridge, Barbara Ross Ed Touraine called the meeting to order at 12:10 pm. Nancy Baker provided a brief description of the City's Rental Rehabilitation Program. She noted that the program hasn't assisted anyone in two years so staff is revising the program guidelines in an attempt to encourage more participation. Ms. Baker stated that the program was targeted to areas where families lived and not areas that primarily housed college students. She stated that these funds would be combined with the Lead Hazard Control funds to rehabilitate some of the older units that also had lead problems. The revised guidelines will make the program more usable for low-income property owners. Low-income property owners would no longer have to come up with a portion of the funds themselves. Ms. Baker stated that the majority of funds would be used for construction costs. Mr. Touraine asked if the rental property owner would be required to pay everything back. Ms. Baker stated that they would pay something back depending on their income. She reviewed the information with the committee regarding the loan payback requirements. Bette Sherman asked how staff would know a landlord was marketing to low-income community. Ms. Baker explained what staff would look for and added that she would ask for copies of their advertising. Hank Dickenson noted that previous support for the program came from the 1996 program year. Mr. Dickenson and Ms. Sherman asked if any projects had been completed. Ms. Baker stated that two fourplexes had been completed. Barbara Ross explained that staff is trying to close out two previous grant years and that the Home Improvement Loan program had reduced their request for 2004 funding in expectation of getting the 1995 and 1996 rental rehab and micro enterprise loan program funding. This would assist Community Page 49 Development in closing out the budgets and grants from those years. Mr. Touraine asked how much old money was available. Ms. Ross indicated she would get those figures and give them to the committee before the adjoumment. Gordon Meredith, Residential Construction Specialist, made a presentation regarding the Minor Repair Program. He explained the type of projects that are carded out under the program. The program serves individuals with incomes below 65% of the area median income. The program expenditure limit is $5,000 per unit. The limit was previously $3,000 but Mr. Meredith stated that it was difficult to replace damaged roofs for that amount. Mr. Meredith reviewed the increase in number of customers assisted in the program. He noted that the program ran out of funding last year. Some additional unused funds were transferred to keep the program going. Mr. Meredith described the neighborhoods where most of the funding is spent. Mr. Dickenson asked for clarification about the number of families that could be served with this funding. He asked if the request was sufficient to meet the needs. Mr. Meredith stated that it may be enough but he was unsure. Mr. Meredith stated that this level of funding would probably assist 48 families. Ms. Sherman asked if the program was currently out of funding. Mr. Meredith explained that this year's funding allocation is exhausted but that some additional funds left over from other projects are now being used. Mr. Touraine noted that if you projected the assisted household number out, the program would need to assist approximately 60 households over the coming year. Mr. Meredith stated that this would probably be correct. Alma Espino, Program Specialist, discussed the Home Improvement Program. She noted that the objective is to rehabilitate substandard owner-occupied housing. If it can't be rehabilitated, it could be reconstructed. Ms. Espino explained some of the problems families experience when they purchase older homes that need substantial repairs. She also discussed families who cannot afford the units they purchase. Ms. Espino reviewed the program guidelines. Mr. Touraine asked how much of the assistance the families have to pay back. Ms. Espino explained the guidelines for those in the various income ranges for both a rehab and a reconstruct. Mr. Touraine asked what happens if their economic situation changes. Ms. Espino explained that if they experience a permanent loss in income, CD staff would review the situation and possibly lower their payment amount. Mr. Touraine asked what happens if their income increases. Ms. Espino stated that no action would be taken. Ms. Ross added that the households assisted through the program would probably never see a significant increase in income in a short period of time. She noted that these families are of modest means. They may have some income increases but that will usually be at a time when inflation is also on the rise. Mr. Touraine asked what happens if they sell the house. Ms. Espino stated that the assisted household would have to pay off both the forgivable balance and the loan balance. They generally do this at closing. She noted that the heirs might want to reside in a property and could qualify for continuance of the current loan terms. Ms. Sherman asked why no Hispanic residents were being assisted at this time. Ms. Espino indicated that the race/ethnicity of clients seems to come in phases. She is currently working with two Hispanic families on their applications. Ms. Ross commented that they seem to assist more Caucasians and African Americans with their home improvement program and more Hispanics with the Homebuyers program. Many Hispanic families are moving into the community. However, both programs serve a diverse client population. Ms. Espino stated that they are currently trying to assist an elderly person and the Federal Home Loan Bank (FHLB) funding that the City receives will reduce the amount of funding needed from the individual. Ms. Ross complimented the housing staff on their efforts to seek additional funding to support the City's housing programs such as FHLB and Lead Hazard Control Program funding. Wendy Nalls, Human Services Coordinator, discussed the City's Tenant Based Rental Assistance program. She noted that staff is attempting to phase out the TBRA program. The program is not able to guarantee assistance beyond two years. She commented that it would be better to get these individuals in a program that had long-term funding. Ms. Nalls stated that these individuals are being moved onto other assistance such as Section 8 when it is available. The program is down to six participants. Ms. Nalls stated that CD is requesting $44,800 to pay rents for the next two years until staff can transition tenants to Section 8 or other Page 50 assistance. Fairhaven tenants have been moving off the program more quickly. Ms. Nalls gave the committee a profile of the clients that are on the TBRA program. Without TBRA, they would be forced into substandard housing or lose their independent living situation. Ms. Nalls commented that the request is based on rents at the current rate because there may be individuals who come off the list and the current amount would then cover any rent increased for the remaining clients. Mr. Touraine stated that it appeared she would not be back next year since she is asking for two years of funding. Ms. Nalls stated that she felt she would not be back requesting funding again at all. She noted that these funds could not be used for assisted living facilities. Ms. Sherman asked for an explanation of Section 8. Ms. Nalls explained that DHA has rental assistance for low- income households. The assistance is tenant-based and the voucher goes with the tenant. Members discussed the Section 8 program, DHA's new Renaissance Courts project and the need for additional low-income housing. Barbara Ross, Community Development Administrator, presented a request for $30,000 in funding for the City's Microenterprise Loan Program. She told the committee that the balance in the Rental Rehabilitation Program account was $28,200 and the balance in the Microenterprise Program fund was $68,500. She stated again that if the committee recommends current year funding for these programs, these remaining prior year funds would be transferred for use in the Home Improvement Loan Program. She stated that housing staff had reduced their request for current year funds in anticipation of this transfer. Ms. Ross explained the early history of the microenterprise program and why funding remained from the 1995 and 1996 budget years. She stated that the Small Business Assistance Center group developed a corporation to do small business loans. Funding of $60,000 in 1995 and $30,000 in 1996 was set aside for the Denton Community Development Corporation to hire staff and begin providing loans. The DCDC never set up the program and subsequently disbanded. Community Development staff attempted (with current staff) to begin providing micro loans to small businesses that were either owned by low-income persons or would commit to hiring low-income persons. The current program provides loans only to persons that meet HUD's low to moderate-income eligibility requirements. Ms. Ross reviewed the four loans that have been provided under the program. She stated that one loan was in default. Ms. Ross stated that staff wanted to try some different techniques to get the word out about the program. Ms. Sherman indicated that she was involved in a similar program in Chicago that also experienced problems. Members reviewed the scoring sheet and agreed to get it to the Community Development Office so the scores could be tabulated before the next meeting on March 3. The meeting was adjourned. Official Minutes Community Development Advisory Committee March 3, 2004 Economic Development Conference Room Members Present: Cassandra Berry, Sandra Benavides, Hank Dickenson, Sondra Ferstl, Peggy Fox, Bette Sherman, Will Taylor and Ed Touraine. Staff Present: Barbara Ross Others Present: Bill Giese, Denton Housing Authority Board of Commissioners Page 51 Ed Touraine called the meeting to order at 12:00 pm. Members reviewed and approved the minutes from February 11th, 18th and 23~'d. Ms. Ross listed the activities that could be funded with HOME program funding. These included the following: · Affordable Housing Opportunities Program* - DAHC · Single Family Lot Acquisition - Habitat for Humanity · Single Parent Transitional Housing Duplex Construction - Cumberland · Rental Rehabilitation - Community Development · Home Improvement Loan Program - Community Development · Tenant-Based Rental Assistance*- Community Development *Must be funded through HOME. It was determined that the ranking sheets were incorrect and did not include scores from all members. Members agreed to start at the first request and move through the list. They discussed each activity and determined whether the activity should be fully funded, partially funded or receive no funding. Members supported funding for a complete electrical update at Denton City County Day School. They preferred not to fund the window replacement. It was agreed that funding of $9,400 would be recommended for the childcare center. The required HOME "set aside" for CHDO's was discussed. Members agreed to set aside the required funding of approximately $93,000 and would come back to DAHC's program if any additional funding was available after all allocations were made. Habitat's request for land acquisition funding was reviewed. It was noted that the corrected budget contained $125,000 for land acquisition. Members were unsure as to why an additional $150,000 would be needed. Members agreed to move to the next request and would return to this request for further discussion. Members were uncertain as to why the Crescent Sewer Line project was divided into two parts. It appeared that both sections needed to be replaced. It was suggested that this was an attempt to give the committee some options if cuts needed to be made. Ms. Ross was asked to contact the Engineering Department to see if the project could be completed if only the construction costs were funded through CDBG but the personnel costs were paid by the City. Ms. Ross attempted to contact Frank Payne in the Engineering Department. CDAC members agreed that they wanted to fund the project but would discuss the amount after hearing back from the Engineering Department. Members discussed the Phoenix Apartment Demolition. Bill Giese, DHA Board of Commissioners chaff, was present. Mr. Giese answered some questions from committee members. Members were concerned that since the construction was not scheduled to begin until July 2005, that the $250,000 in funding might sit unused for some time. Ms. Ross pointed out that since DHA planned to demolish some units and build on that site while tenants remained in the other units, the funding could be split between two grant years. Members agreed to recommend $100,000 in funding from the 2004-'05 CDBG grant. Members were in agreement that the Single Parent Transitional Housing duplex construction should be funded. It was noted that $350,000 could fund two of the requested duplex units. Initially, it was recommended that half come from CDBG and the other half from HOME. Eventually, members agreed that the full amount could come from HOME program funding. Page 52 The Parks and Recreation projects were reviewed. Some member felt that other funding was available from non-City sources to fund the MLK Playground construction project. No funding was recommended for the project. Members supported full funding for the American Legion Breezeway project. The discussion of the St. Vincent de Paul House construction project centered on whether the project sponsors would be willing to meet the federal procurement and labor relations requirements. A comment was made that the federal money might make it more difficult for Immaculate Conception to use "in-kind" services. Ms. Ross noted that labor services could be donated. She explained that the laborer would actually have to donate his/her services. If the employees were paid (even by a contractor who is donating his/her work) they would still need to be paid the required wages. Members commented that they thought sufficient funding was available to complete the project without the City's funding. Members agreed not to recommend funding for St. Vincent de Paul House. Upon discussing the requests for funding from the Community Development staff, members agreed to fully fund the Rental Rehabilitation Program and the Minor Repair Program. They decided to recommend that the Tenant-Based Rental Assistance Program be funded only for one year so they split the funding request and agreed to an amount of $22,440. Members wished to fund the Home Improvement Program at the requested level. They were not initially supportive of funding the Microenterprise Loan Program. Ms. Ross commented that the Home Improvement Loan Program request had been reduced based on the staff request to close out the 1995 and 1996 grant years and that the residual funding from those years would be moved to the Home Improvement Program. However, if the Microenterprise Program was not refunded, staff would want to continue the program with the '95/'96 funding and the Home Improvement Program would not receive those funds. Members agreed to fund the HIP at the request $302,843 and would add to that if additional funds were available. Members discussed the amount of HOME and CDBG funding left to allocate. Members took another look at the MLK Playground equipment request. Members agreed to provide $25,000 for the equipment. They commented that the Parks and Recreation Department would need to come up with the funding for installation/construction. Additional funding was provided to the Denton Affordable Housing Corporation bringing their recommended funding amount to $140,000. It was also agreed that Habitat for Humanity would be recommended to receive $25,000 for land acquisition. CDAC members decided to recommend that the Microenterprise Loan Program be given the balance of $19,303 left in CDBG funds. Members also agreed to recommend that the Home Improvement Loan Program receive $277,843 in CDBG funding and $52,712 in HOME program funding. Members reviewed their list of recommendations. Sondra Ferstl made a motion to accept the recommendations. Bette Sherman seconded the motion. The motion passed unanimously. Ms. Ross stated that she would inform the members as to when the public hearing would be held and when the recommendations would be presented to City Council. The meeting was adjourned. Page 53 OFFICIAL M1NUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING November 20, 2003 Members Present: Mae Nell Benford, Lilia Bynum Carol Bounds, Jean Hinojosa, James McDade, Bettye Myers, Lovie Price,, Jodi Vicars-Nance, Teri Rheault Members Absent with Notification: Betty Tomboulian Members Absent without Notification: Sonja Ball Staff Present: Wendy Nalls, Human Services Coordinator; Barbara Ross, Community Development Administrator. Members discussed potential meeting dates and times and whether they would like to hold agency application hearings. They agreed that they would like to have applicants appear before the committee to briefly discuss their application and answer any questions committee members may have. It was also agreed that these meetings would be set up sometime in January. Wendy Nalls, human services coordinator, called for committee nominations for Chaff and Vice-Chair. Lovie Price nominated James McDade as Chairperson. Bettye Myers moved that Mr. McDade be elected by acclamation. The motion was approved. Mr. McDade was elected HSAC chairperson. May Nell Benford nominated Carol Bounds for Vice-Chair. The nomination of Ms. Bounds as Vice-Chair was unanimously approved. Ms. Nalls provided an update on the progress of programs managed by local human services agencies. She referred members to the spreadsheet provided regarding agency expenditure of City funds. She also discussed the Continuum of Care activities including the status of the current Emergency Shelter Grant funding and opportunities for 2004-2005 ESG funding. Ms. Nalls noted that the cities of Lewisville and Flower Mound have been active in the coalition and it appears that Carrollton may also want to participate. Ms. Nalls pointed out that local homeless providers have been discussing their options regarding an alternate Homeless Management Information System (HMIS) now that HelpNET will no longer be carrying out the function. Discussions have focused on various options such as another agency carrying out the function, contracting out the service for the Coalition agencies or agencies individually contracting for HMIS services. Ms. Bounds asked for additional information on the status of HelpNET. Teri Rheault a members of the HelpNET Board of Directors explained the agency's financial problems and when the Board planned to end all services. James McDade asked if HelpNET's funding would be available to fund another HMIS. Barbara Ross indicated this could be done with HSAC and City Council approval. Ms. Nalls reviewed the results of the monitoring visits by US Department of Housing and Urban Development officials. She indicated that the visits went well and that a new monitoring guide has been developed and provided to the agencies. Ms. Bounds asked which agencies received City Council contingency funds. Ms. Nalls said she would send out a list. Some HSAC members voiced concern that individual Council members funded agencies that HSAC had determined were inappropriate for funding. Ms. Nalls indicated that only one or two of the agencies funded by Council members were not originally funded by HSAC. Our Daily Bread was given $500 Page 54 but they had not requested funding through the committee. HSAC members all agreed that City Council had the authority to make any funding decisions they wished. However, members were concerned that HSAC- recommended agencies might feel that the process is not fair since some agencies receive City funding without having to adhere to the strict application criteria and the expenditure guidelines of the HSAC- recommended agencies. Members stated their concern that in the future, agencies may go directly to Council and the effectiveness of the City's HSAC process would be compromised. Members discussed talking to their individual City Council members about the process. Ms. Nalls reviewed the application process and packet with members. Dr. Myers indicated that the application should include in bold print "late applications will not be accepted." Ms. Benford wanted to ensure that the application workshops were mandatory. Ms. Nalls indicated that they were and that the application stated that she would be available for individual application review and assistance up to January 16. Applications are due January 24, 2004. Ms. Bounds stated that she would like some options as to how the application assessment should be handled. Dr. Myers explained the Flow Foundation process to committee members. HSAC members decided to review last year's process and additional evaluation methods before making a decision regarding the application evaluation process. Ms. Nalls reviewed public hearing activities. She also updated members on the status of the Denton Assistance Center. Dr. Myers gave a progress report on the improvements at the Denton City County Day School. She noted that besides City CDBG funding for sidewalks and a parking lot, DCCDS has received $50,000 from Peterbuilt for the new activity center. CBS Mechanical is also going to install the HVAC system free of charge. A company out of Sanger is providing the steel for the project. Dr. Myers commented on what a wonderful, giving community we have! The meeting was adjourned. Page 55 OFFICIAL M1NUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 9, 2004 Members Present: Carol Bounds, Jean Hinojosa, James McDade, Bettye Myers, Jodi Vicars-Nance, Teri Rheault, Betty Tomboulian, and Sonja Ball Members Absent with Notification: Mae Nell Benford and Lilia Bynum Members Absent without Notification: Lovie Price Staff Present: Wendy Nalls, Human Services Coordinator Guest Present: Barbara Atkins Wendy Nalls, human services coordinator, gave a brief update on the current plans for a Denton County Homeless Management information. Barbara Atkins, chair of the Denton County Homeless Coalition, requested the remainder of HelpNET funds be reallocated for the star-up costs and salary for a part -time program manger. The committee unanimously approved the transfer of funds to HOPE, Inc for start-up costs and staff salary. The minutes were approved as presented. Ms. Nalls informed the committee that three applications were turned in after the deadline. The committee decided not to accept any late applications. Staff was instructed to include a letter outlining the reasons why these applications were not accepted by the committee with the funding recommendations. The committee decided upon three agency hearing dates and one meeting to format funding recommendations. The agency hearings are to be ten minutes long and each agency has three minutes to provide a short presentation on information not included in the application. The committee discussed if a committee member should leave the room during discussions of agencies in which they are board members. The committee decided that board members could remain in the room but were not to vote, Committee members requested a current roster of the Human Services Advisory Committee be sent to each committee member The meeting was adjourned. Page 56 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 23, 2004 Members Present: Teri Rheault, Betty Tomboulian, Lovie Price, James McDade, Jean Hinojosa, Sonja Ball, Jodi Vicars-Nance, Bettye Myers, Lilia Bynum, and Carol Bounds Members Absent with Notification: Mae Nell Benford Staff Present: Wendy Nalls, Human Services Coordinator; Barbara Ross, Community Development Administrator. James McDade, Human Services Advisory Committee (HSAC) Chaff, began the meeting at 5:45PM. At this time, agency hearings for 2004-2005 applications began and proceeded with each agency providing a short three-minute presentation to address the HSAC standard questions followed by a seven-minute question and answer period. Communities in Schools Gary Henderson, Executive Director, Melanie Berry, Robert Prock and Donna Lewis of Communities In Schools introduced themselves. Mr. Prock, Chair of the Board of Directors for CIS discussed the need for the organizations services at Tomas Rivera Elementary School. Donna Lewis, Board member, described her own experience with the organization when her daughter needed glasses that she was not able to afford without assistance. Ms. Lewis also stated that her daughter had received help at the "Homework Center" and that she was a volunteer teacher at the center. Mr. Henderson commented that Ray Braswell, DISD Superintendent, has said that he would like to have CIS on every campus in the district. The presenters stated all requested funds would be used for services at Tomas Rivera. The term "at risk" students was discussed. It was determined that "at risk" students were those from low-income households. Members commented that the Camp Fire organization also wanted to provide services at Tomas Rivera. Denton Christian Preschool Judy Royal, Executive Director, and Jane Moyna, volunteer, addressed the committee on behalf of Denton Christian Preschool. They explained that the increase is requested due to anticipated changes in staffing. Bilingual staffing is needed. Ms. Royal discussed performance outcomes. She stated that the preschool uses evaluations on an ongoing basis for both physical motor skills and cognitive development. The program is evaluated throughout the year. The number of children eligible to participate in the program is very high. It was noted that the children are followed through first grade and then if they graduate, the student usually contacts the school to get their award. Ms. Royal said that their waiting list fluctuates based on the time of year. In the summer it is very long because families are hoping to get their children in for the fall. The waiting list is smaller after school begins and families get their children into other programs. Ms. Royal stated that the half-day program allows them to provide services to more children. The instruction is fairly intensive - the children don't take naps while in preschool. Denton City County Day School Carolyn Berry, executive director of Denton City County Day School and Bob Tickner, board member, provided information to the HSAC regarding their request. Ms. Berry stated that they are getting $50,000 from Peterbuilt to construct an activity center. She stated that their enrollment has increased to 71. This is up Page 57 from 66, which was their limit in previous years. She added that this summer, they would also have a summer program. Berry said that in the past few years enrollment had been down due to the poor economy and parents losing their jobs but now it is coming back up. Ms. Berry and the members discussed the bilingual program at DCCDS. Cumberland Presbyterian Children's Home Dr. Amy Pape and Kay Goodman of Cumberland Presbyterian Children' s Home stated that they are requesting funds to pay for a social worker for their Single Parent Family Program. The program can currently house four families. Staff maintains contact with them over a two-year period after they have left the program. Ms. Pape stated that they anticipate assisting 61 families over the next year. Though only four families can be housed at one time, other families are provided with a variety of services. Dr. Goodman commented that this was a new program for Cumberland. She added that the program was based on a continuum of care concept. The program began in 1999. Ms. Pape stated that the program planned to use interns in the future. Families are referred to the program by the following organizations: Denton Housing Authority; Salvation Army; DISD; Denton County Friends of the Family; and the Lewisville Advocacy Center. Ms. Pape and Dr. Goodman stated that they have not yet requested funds from other local governments in Denton County but planned to do so. Many of their clients come from Denton and most remain in Denton after they have finished the program. Dr. Goodman told the HSAC members about the organization's capital campaign for housing construction. Fred Moore Day Nursery School Laura Williams, executive director of Fred Moore Day Nursery School stated the school would focus on education for the children and staff for the next year. The school has acquired computers and hands on training. In addition, teachers have been sent to training for working with children and social skills. Ms. Williams also stated that the School has begun ask the children's parents to perform the required 12 hours of volunteer time. The School also provides parenting skills training classes every three months. The parents are offered incentives and free childcare during the training classes in order to increase attendance. The Board of Directors members do not have term limits, but they have begun a new system to bring new board members on. The funding requested would help pay teachers salaries. Ms. Williams also described the low stafftumover rate for the School and the possibility of a capital campaign in the future for additional space for the children. There is currently a waiting list for infant and toddler care. Denton Family Resource Center The Denton Family Resource Center executive director, Fran More and board members Simone Andersen and Trey Martino discussed the start of the DFRC Resale Store. The store was able to produce some income in the first 10 months. The DFRC has been able to pay off the executive director salary debt and the initial Family Resale start -up loan. The DFRC continues to provide a car seat program with 11/2 staff to work on the program as certified trainers. The DFRC has also worked to improve dental care in children as well as providing education to parents of children impacted by divorce. The DFRC does not currently have any bi- lingual staff members. The requested funds would be used for the program directors salary. Denton County Federation of the Families Claudette Fette represented Denton County Federation of the Families. This is a family oriented agency with fifty percent of board members being family members of clients served. The requested funding is for the salary of a Family Liaison position. This position will help with family advocacy and negotiating of the current system of services. It is advantageous having family members work with other families to make the system less frightening and offer community support. The program focuses on child and family strengths. The Family Liaison position would work with Denton County MHMR to help provide services and flexible Page 58 funding for program supports. The program provides one on one support on the phone and in person as well as information and referral. If funding is available, there is a person available for the position who has already started working in the position and received training. The organization advocates for services and systems of care on a local, state and national level. The organization is working to obtain a commitment of space from DCMHMR and is waiting on their approval for 501 (c) 3 status. Riding Unlimited Mary Gwinner, executive director, represented Riding Unlimited. Ms. Gwinner stated that no students are turned away because of inability to pay; therefore, the organization is requesting funds to assist with scholarships to riders. The organization serves at-risk children and people with disabilities from age 2 years to senior adults with horseback riding and buggy driving. The program has two twelve week sessions and some short 5-week sessions. Riders from previous sessions have priority for future sessions in order to have a program with continuous improvement in riders and drivers from year to year. The organization had about 150 volunteers starting at age 11 as junior volunteer groomers and starting assistance in the arena at age 14 years old. Singing Oaks Church of Christ Kali Wood, programs assistant, Jackie King, past program assistant, and trustee Danny Shirley represented Singing Oaks Church of Christ. The organization has provided human services to clients for the last 25 years. They do use an application form for those who seek assistance from their organization. In the past, they shared information about clients and services with HelpNET of the Greater Denton Area via telephone. The program is currently on hiatus until a new benevolence minister can be appointed. The program usually provides services to families that average about four or more with incomes less than $34,000 per year. The clients come from all over the City of Denton and the surrounding area. Interfaith Ministries Condell Garden, executive director, represented Interfaith Ministries. Ms. Garden stated that when a person comes to Interfaith rarely are utilities their only problem, they try and address multiple issues at once. The organization has requested funds for utility assistance. Since the closing of HelpNET, Interfaith has had to limit hours and work with UNT for overview of process to deal with the increase in calls for assistance and lack of pre-screening or applications. In addition, the organization has seen an increase in calls since Community Services has moved permanently to Lewisville, St. Vincent DePaul and Singing Oaks Church of Christ both temporarily ceased operations. Salvation Army Captain Glenn Queener and Brian White, board member represented The Salvation Army, Denton Corp. The Salvation Army is requesting funds to support staff for the shelter and transitional shelter program. Currently the Salvation Army uses a five night limit to shelter use. The shelter is closed during the day and children cannot come to the shelter unattended for their safety. Every person who comes through the shelter must meet with counselor to gage what the clients want to do. If they want to change and try to change than the can have a job search extension for up to 19 days. If they are really trying to turn things around they can enter into the 90-day transitional shelter program. Currently the transitional shelter program has 3 women and 5 men. Hope, Inc Barbara Atkins, executive director, represented HOPE, Inc. HOPE, inc requested funds to support their Transitional Shelter Program and 30-90 day program. The organization has seen an increased number of applications as well as the number of individuals coming to the agency with a housing crisis. The number of clients has leveled off to about 300 persons a year. The organization has had cut backs in personnel dollars Page 59 from different funding agents. HOPE's transitional program focuses on families that are victims of relationship violence. The program begins to work with clients while they are in the Friends of the Family Shelter. The minutes for the previous two meetings of the Human Services Advisory Committee on January 29, 2004 and February 18, 2004 were approved. Meeting Adjourned OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 26, 2004 Members Present: Teri Rheault, Betty Tomboulian, Lovie Price, James McDade, Jean Hinojosa, Mae Nell Benford, Jodi Vicars-Nance, Bettye Myers, Lilia Bynum, and Carol Bounds Members Absent with Notification: Sonja Ball Staff Present: Wendy Nalls, Human Services Coordinator; Barbara Ross, Community Development Administrator. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 5:30PM. At this time, agency hearings for 2004-2005 applications began and proceeded with each agency providing a short three-minute presentation to address the HSAC standard questions followed by a seven-minute question and answer period. Woman to Woman Penny Wooten, Director of Prevention services at Woman to Woman gave a presentation. They are currently providing education for parents regarding the risk of STD's and teaching them how to communicate with their children. Ms. Wooten stated that she is talking with Theresa Grant at DISD about providing this information at PTA meetings in the district. She stated that they have not been in the Denton schools for two years. They are in surrounding school districts. She added that what is keeping Woman to Woman out of DISD is the funding for the workbooks needed. State legislation stated that every school district in Texas is to teach abstinence. Woman to Woman teaches only abstinence. They may answer questions regarding birth control but they do not provide any resources for students. Ms. Wooten stated that they could get this information from the school nurse. They teach responsibility and what the consequences of their actions may be. The school districts are paying for the workbooks in the smaller districts. Ms. Wooten discussed the opening of the resale store and their offices on Loop 288. She stated that they have been in the City for 17 years and often work with local churches to talk with youth groups. Ms. Wooten was asked about board diversity. Ms. Wooten explained that a new board member, Dr. Fred Cummings, was a minority. She added that they understand how important board diversity is. AIDS Services of North Texas Susan Stanbaugh, Zach Walker, Brian Schmedinghoff, Chandra Heggins from AIDS Services of North Texas addressed the committee and provided information on the organization. AIDS Services provides housing assistance, insurance assistance a food pantry and other services. Ms. Stanbaugh stated that funds from the Page 60 City of Demon and Piano allowed them to continue providing food to their service population. They discussed that Deerwood Park Church was providing the agency with hygiene products. Ms. Stanbaugh stated that they are also looking for funds for unreimbursed medical expenses. She described the need for this funding. Ms. Stanbaugh stated that a large portion of the people on the waiting list are from Denton. AIDS Services is receiving some money from Hunt County. They are asking for funding from all five counties that they service. There are very few clients that aren't from Denton and Plano. Most of the food comes from the Tarrant County Food Bank and Sack and Save. Denton County Friends oJ'the Family Jane Ogletree and Ann Cadle from Denton County Friends of the Family stated that the organizations had been in Denton for 24 years. She noted that the City was the first funding source that allowed the agency to open its doors. Most of their clients are from the City of Denton. The requested funds are going to be used to fund two positions - a shelter worker (case manager) and a part-time counselor. Denton County MHMR Melissa Eckstein and Ashley Lynch from Denton County MHMR. Ms. Eckstein noted that all the MHMR centers experienced a major cut in funding last year. They now have a waiting list of 280 adults who would like services. The SIERRA program allows the target population to get services more quickly. The $14,700 request would go just to the SIERRA program for salaries. Twenty hours of Ms. Lynch's time is committed to the SIERRA program. She spends quite a bit of time at the Department of Corrections working with inmates. Ms. Lynch stated that she helps inmates who are released with no assistance or housing available to them. There is no waiting list for the SIERRA program. Last year they assisted 43 persons. The program maximum is 50. The committee asked for additional information on the staff salaries. Sickle Cell Disease Association, Greater Forth Worth Chapter Pearl Jones of the Sickle Cell Disease Association gave a brief presentation. She stated that they have two satellite offices, one in Denton and one in Fort Worth. She handed out a new brochure that was partially funded by City of Denton funding. Ms. Jones stated that the agency focuses on client-centered services. They provide comprehensive care and the Sickle Cell Disease Association is their entry point into the health care system. Ms. Jones noted that they appreciate the City of Denton funding that is provided for these services. The organization seeks to break down the information into something the at-risk population can understand. Ms. Jones stated that they have not requested funding from Lewisville but would do so in the future. Fairhaven Retirement Center Adrian Anderson from Fairhaven Retirement Cemer addressed the HSAC. Fairhaven has recemly been totally renovated. She stated that the requested funding would serve 37 households by providing housekeeping services. The resident pays a very small fee and the grant pays the rest. Fairhaven has 47 units and they currently have 37 residents. Ms. Anderson stated that they have nine rent subsidized units. There is a waiting list for the subsidized units. She stated that they knew they would have empty rooms after the renovation. There is a single dining room where the residents are served behind that is a smaller room where staff and small groups of residents could eat and meet. Fairhaven has two full-time and two part-time administrative staff. There are three part-time cooks and four part-time kitchen helpers. Ms. Anderson stated that the room rent plus three meals a day is currently $980 per month. Family Health Care Patrice Capan of Family Health Care explained that the organization subcontracts with Dr. Melinda Morris to assist their service population. Ms. Capan is a bilingual health provider. None of the clients are eligible for Medicaid. Dr. Morris accepts a lower fee to provide prenatal care to these women. The women served are not US citizens but their children will be. They are currently serving 79 women. She noted that last year, Page 61 many of the pregnancies were high risk and this means extra costs. Many women are diabetic and need special care. All deliveries are at Denton Community Hospital. Testing is done on-site which is very helpful because the service population often has transportation problems and cannot get to other testing facilities. Last year, Family Health Care had to quit providing services to new patients for lack of funding. It remains to be seen whether they will have to cut services this year. Everyone on staff is bilingual. City funding will be used to pay for prenatal services. RSVP Diana Corona and Pat Moore of RSVP presented the agency's funding request. Ms. Corona stated that she recently attended a conference and that organizations such as RSVP are being asked to use volunteers to act as volunteer coordinators for other agencies. These are volunteers of all ages. RSVP is going to look at five or six agencies that might benefit from this and work with them. This is a capacity building exercise. Ms. Moore stated that the volunteer hours were 125,000 in Denton County. This is an increase over the previous years. Denton's funding is a higher percentage of the budget. Lewisville has recently reduced their funding because of an assessment that was recently completed. Volunteer assistance was not a priority based on their assessment. Ms. Corona said that 61% of the volunteers are City of Denton residents and provide services in the city. Human Services Needs Assessment Ms. Nalls discussed working on a human services needs assessment to help the committee make funding decisions and prepare the 2006 - 2010 Consolidated Plan for Housing and Community Development. They discussed previous assessments and how those results were used. Ms. Nalls asked the members whether they would like to complete and assessment and a strategic plan. Members directed staff to discuss options with the United Way and report back to the committee. Habitat Jbr Humanity Lee Ann Heath and Neal Brand of Habitat for Humanity told the committee that Habitat for Humanity of Denton joined with the Lewisville Habitat to provide better services. Ms. Heath stated that they build families and neighborhoods by providing housing. She stated that the homeowners that come in don't know about home maintenance, taxes, etc. The grant will provide a staff member to monitor those families to ensure that they are successful. The funding will be used for a salary. They would like to increase the number of classes beyond the current schedule of every other month. Mr. Brand stated that at the beginning of the program they didn't have families in homes so they didn't need this but now they do. Members told them about RSVP's new focus on management of volunteer services this might be helpful to Habitat for Humanity in providing services to clients and volunteers. Ms. Heath stated that they are currently working with 12 families. She noted that $24,000 would be for salary. The salary for the position would be in the low to mid 30's. Some funding would go to the staff members training and to conferences. The miscellaneous funding would be postage and printing for monthly newsletters to let the families know about classes and other activities. Supplies would be used for notebooks and materials for the classes and for credit checks for families. Board diversity was discussed. Ms. Heath stated that currently the board is made up of both the Lewisville and the Denton boards. They are looking at ways to become more diverse. Mr. Neal indicated that most board members come up from Habitat's committees so; they will need to work to get diversity on those committees. Community Food Center Dorothy Van Dyck with the Community Food Room presented their request for funding. She stated that the $3,000 request they have made for many years goes primarily to pay the electric bill. Ms Van Dyck stated that they haven't seen an extremely large increase from the St. Vincent de Paul House closing but she said they see increases each year. The Food Room uses volunteers to provide services. She stated the volunteers have an average age of 72. Clients can come in four times a year to get food. They are an emergency food Page 62 center. There are no criteria in terms of income. Ms. Van Dyck and HSAC members discussed the amount of food that is given out by the agency. Ms. Van Dyck was asked about board diversity. She stated that they don't have anyone who can go out in the community and recruit new board members. She said she would appreciate any help. Dr. Myers complimented the Community Food Room on using TWU students to help audit the agency. Ms. Van Dyck discussed the new data base system that the agency uses. SPAN Ericka Lissberger from SPAN introduced herself and gave a brief presentation. She stated that SPAN is th · · celebrating its 30 anmversary th~s year. They are requesting $30,000 for their congregate meals program. The meals program is available at Heritage Oaks, the American Legion Hall and the Senior Center. Ms. Lissberger stated that they had other support services but were not asking for funding for those. Ms. Lissberger discussed the increase in the cost of meals. She stated that it has increased and will probably increase again. It is currently $2.78 per meal. Ms. Lissberger discussed the tenure of board members. She stated that they attempt to get board members with different skills and backgrounds from the service area. There are nineteen advisory board members whose officers become the executive board. The advisory board meets quarterly and the executive board meets every month. Ms. Lissberger and HSAC discussed their transportation services. Ms. Lissberger stated that SPAN provides transportation for other areas in Denton County but not in Denton. SPAN does not do the door to door for the disabled in Denton. The funds requested by SPAN will also be used as match for other funding. OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 18, 2004 Members Present: Teri Rheault, Betty Tomboulian, Lovie Price, James McDade, Jean Hinojosa, Sonja Ball, Jodi Vicars-Nance, Bettye Myers Members Absent without Notification: Lilia Bynum, Carol Bounds, Mae Nell Benford Staff Present: Wendy Nalls, Human Services Coordinator; Barbara Ross, Community Development Administrator. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 5:45PM. At this time, agency hearings for 2004-2005 applications began and proceeded with each agency providing a short three-minute presentation to address the HSAC standard questions followed by a seven-minute question and answer period. PARD - ASAS Kathy Schaeffer from the Parks and Recreation Department (PARD) discussed the after school program. She stated that they would pick up children from all four middle schools and will hold the program at MLK. The City's program takes overflow from the DISD's extended school day program. Most scholarships are currently geared to younger kids. Bettye Myers asked what overflow meant. Ms. Schaeffer responded that the school district contacts City staff and states that they do not have enough space for all those who want to participate. The City is currently picking up from the four schools that DISD is serving. Members discuss how DISD determines what is "overflow." Ms. Schaeffer stated that she is unsure as to how the school district would make that Page 63 decision. She noted that middle school kids need care too and that DISD's program would not serve this population. The City's program is an alternative. Dr. Myers asked why this program should be the City's responsibility rather than the school district's concern. Ms. Schaeffer stated that the City does not make a profit off its program. The Parks and Recreation Department just wants to offer care to families that need it. DISD doesn't do field trips, sports activities, etc. Lovie Price stated that she agreed with Dr. Myers and that this may be DISD's responsibility instead of the City's. Jean Hinojosa asked about the program budget. Ms. Schaeffer stated that some families pay a portion of the cost. They have a number of scholarships and half scholarships available through CDBG and then the City provides "extra" scholarships on a sliding scale. Dr. Myers asked why there were only two scholarships for Therapeutic recreation. Ms. Schaeffer responded that fight now there are only four children in that program. Ms. Hinojosa asked if staff changed from year to year. Ms. Schaeffer stated that staff has remained consistent at many schools for the past few years. Ms. Hinojosa asked about the ethnic background of staff of the staff. Ms. Schaeffer stated that out of 28 staff members she thinks there are about ten Caucasians, ten African Americans and five Hispanic staff members. Three staff members are bilingual. Ms. Schaeffer and the committee members discussed van availability for this program. PARD - Kings Kids Day Kamp Albert Montero and Robbie Johnson described the Kings Kids Playground program. Ms. Johnson stated that they serve approximately 80 low-income children in the area. The camp nurtures these kids and without the camp, they wouldn't have any place to go. Ms. Price complimented the staff on the program. Teri Rheault asked about the corrective action recommended by Wendy Nalls in her monitoring letter. Ms. Johnson indicated that this had been corrected. Ms. Nalls concurred. Dr. Myers asked about the fact that 90% of the children who request to participate in the program never get served. She suggested that perhaps they should have a one-month program and then serve another set of children the next month. Jodi Vicars-Nance stated that they are providing continuity of care to these children rather than serving large numbers. Mr. Montero stated that they cater to families where the parents need to work. Dr. Myers commented that it appears the way the program is currently administered assists parents who need day care rather assisting the children. Both Ms. Johnson and Mr. Montero stated that if they had more money they could serve more children. Ms. Hinojosa asks what happens if someone registers and only comes a few times. Is there a cutoff where if they miss they are dropped? Ms. Johnson replied that if the child misses a lot, they would be dropped. Ms. Nalls stated that the program is reimbursed based on average daily attendance. Dr. Myers asked about the sliding scale. Ms. Johnson stated it starts at $40.00 per summer and the highest is $125. Owsley Community School Darhyl Ramsey and Don Louis representing the Owsley Community School gave a brief presentation on their request for funding for the Owsley after school program. The funds will be used to pay tutors and staff for the after school program. Dr. Ramsey stated that Newton Razor which is the primary school that Owsley residents attend has thanked the program and stated that it has helped them bring their State score from "acceptable" to "exemplary." Homework is completed first and supervised play activities take place later. Dr. Ramsey stated that they look for good staff members to work with the children to keep them safe and off the streets. Dr. Myers asked about the music program. Dr. Ramsey described the "Start up the Band" program. The children are provided with instruments and are given instruction on how to play them. They are then able to enter middle school band and orchestra activities with some skill. Ms. Hinojosa asked about the "gala." Dr. Ramsey stated that there was some problems with hosting it Page 64 and that they only broke even and therefore they didn't do that this year. Dr. Myers asked about funding for additional facilities. Dr. Ramsey stated that they requested funding for an additional building from the Community Development Advisory Committee. Ms. Nalls asked what agencies have been assisting with additional staff support and what are their time commitments. Dr. Ramsey stated that right now UNT is the only organization that it assisting. Music people are used to provide consistency. The after school program has been assisted by both Rotary clubs. Just received notice of $ 4,000 award from the Denton Noon Rotary Club. Boys and Girls Clubs Barry Fischer, Executive Director, Anita Clearman and Gary Gaylord were present to represent the Boys and Girls Clubs. Mr. Fischer explains his history with the organization. Ms. Fischer discussed the services provided by the Boys and Girls Clubs of Denton County. Approximately 1,200 children were served last year. He stated that they have continued to serve children in the Owsley neighborhood. He stated that they are now serving the Northeast side of the City. There are three elementary schools and one middle school. There are no recreation centers in the area. This is a good area to serve. The targeted service area is east of Locust, north of McKinney and also bounded on the north and east by 288. Members discussed that this includes Wilson, Lee and Jennings elementary schools and Strickland Middle School. Dr. Myers asked where are they are having their programs. Mr. Fischer mentioned that go to other areas such as Carrollton and Lake Dallas. The summer program will be housed at Calhoun Middle School and they are working with the Hispanic church on Smart Road to serve children there. Ms. Rheault asked about the budget on the job ready program. Mr. Fischer gave the correction for the committee. Dr. Myers asked about the management letter from the audit report. The two management letters were not included with the application. Ms. Nalls stated that if the letters were in the original then staff would copy them for the committee. Dr. Myers stated that the agency's funding seems a bit shaky. Ms. Fischer stated that he was unsure of the financial situation and could not answer questions about previous budgets. He added that they are still working to help the community. Barbara Ross asked about what statistics they looked at before choosing this service area. Mr. Fischer stated that the census figures indicate a high number of children in the area. Members discussed the organization's board and executive director changes. Mr. Fischer also gave a presentation on the Job Ready Program. He indicated that residents attending the public hearings stated that there were young people hanging around with nothing to do. These youth would be brought into the Boys and Girls Clubs administrative offices and be given instruction on job skills and help them to find jobs. Ms. Hinojosa asked what area the youth would be pulled from. Mr. Fischer stated that they would come from the City and he noted that it would be about 500 kids. Sonja Ball and Ms. Hinojosa asked how they would find these students. Ms. Fischer stated that they would work with the school district and DISD would give the ex-students this information. Dr. Myers asked about the dropout number over the past three to five years. Four percent was given in the application. PARD - Owsley Summer Playground Cirilo Pedroza, Denia Recreation Center director, gave a presentation on the Owsley Summer Playground program. Last summer was the 10th year of the Owsley Summer Playground program. Mr. Pedroza talked about the United Way's work with local agencies to identify the needs of the neighborhood. Mr. Pedroza discussed the activities of the summer playground program. Dr. Myers asked him to speak as to why he does a drop in program and let children come in all summer. Mr. Pedroza stated that he didn't like to mm kids away. Some children come for a while and leave and then others come in. He noted that part of the funding is for vans so that they can get the children to these activities. Parents sign a form as to whether their child has to stay all day or can leave. They request $10 per week but don't turn them away if they can't pay. Page 65 Ms. Tomboulian asked if Denton Parks and Recreation vans for the program. Mr. Pedroza said that PARD also must rent vans because so many are used in the summer. Members discussed the Owsley Community School should ask for a van from the Denton Benefit League. Ms. Nails asked Mr. Pedroza to comment on the attendance at the program. Mr. Pedroza stated that some kids are in summer school the first of the summer and then some get out of summer school and go to Mexico. He stated that the population served during the summer was about tOO. DISD - Extended Day Program Steve Johnson and Kay Peters with the Denton ISD extended school day program. Mr. Johnson gave a summary of the program. This year they took over six schools. Next year, the program will be in 14 schools. They are requesting $16,500 for scholarships. Monthly tuition is St t0. Will not be able to give full scholarships. Next year it will be difficult to provide scholarships. Ms. Hinojosa asked about the length of the program. Mr. Johnson stated it starts after school and usually ends about 6:00 pm. She asked about the difference between this and the City's program. Ms. Peters stated that it is more of an academic program rather than recreational. Ms. Tomboulian noted that the children are divided by grade level in the school district's program rather than lumping them together as they do in City's after school action site. Ms. Ball asked which schools they serve. Ms. Peters stated Borman, Pecan Creek... Mr. Johnson stated that they need to maintain a certain number to achieve the optimum income for the program. Ms. Hinojosa asked how they recruit staff. Mr. Johnson stated that most leaders are elementary school program students. They work with TWU on this. Mr. Johnson stated that this is the projection and that many items will be purchased and services provided that would use up those funds. Ms. Ross asked if all funding collected in fees goes to this program. Mr. Johnson stated that it does that the school board stated that all funds go to this program. Ms. Nalls asked if the school district gives any funds to provide scholarships? Mr. Johnson stated no that they did not. Ms. Myers asked why should the City pay to assist DISD with this program especially since they took the program from the City. Mr. Johnson stated that the City also used these funds to support the program and he noted some of the programs that would be provided with these funds. Dr. Myers stated that school district decided to focus on academic enrichment. Her understanding is that the program isn't 75% academic enrichment. People thought that teachers from the schools would be hired to work with these kids. Mr. Johnson noted that teachers carry out some special activities, such as the TAKS. He noted that they are only asking for funding for the Tide One schools. Ms. Peters discusses the children that are coming into the schools are akeady asking about the program. Dr. Myers asked about buying storage equipment and items that are specific to this program. She asked why this wasn't considered DISD equipment. Mr. Johnson noted and Ms. Ball noted that a school wouldn't be able to provide storage space for equipment. First Texas Council of Camp Fire Donna Pope and Maria Melugin from First Texas Council of Camp Fire. Ms. Pope stated that they wanted to provide a brief storyboard of what a child's day would be like in the program that they are promoting. Ms. Pope and Ms. Meligun reviewed the day's activities. Ms. Ross asked about board members from Denton County or a local advisory board. Ms. Pope stated they would look at doing that. Dr. Myers asked if the managers would come from Ft Worth. Local people will be doing the program but yes, the managers will be coming from Ft worth. Dr. Myers asked if each child must become a member. Ms. Pope said they are required and they will receive the vest and patches for the vest. Ms. Nalls asked if DISD wanted them as a resource the but hadno funds to help with their costs. Ms. Pope and Ms. Meligun stated that DISD helped them to target the Title One schools. Camp Fire does the entire extended school day program in Ft Worth. Ms. Nalls asked in Ft Worth if the program was funded by the school district. They are proposing to serve 60 students. Ms. Pope noted that their families would be involved in the family programs. Page 66 Walking Prayer Clubs Princess Lister with the Walking Prayer Club stating that everything is in the proposal. She noted that they get a list of "at risk" kids from the schools. Right now they only have the list from Calhoun. Ms. Lister stated that the children are treated like their own kids. Ms. Price asked how many members. At Calhoun there are 43 prayer club members. Mr. McDade asked about the date that the program started. Ms. Lister stated that the mentoring program started last year but the organization has existed longer. Ms. Price asked about the newsletter. Ms. Lister stated that it goes out to all the prayer club members. Ms. Ross asked about the list that is provided by the school administration. Ms. Lister and the members discussed how the program works with the volunteers, students and parents. Ms. Lister stated it has not been implemented in the other schools. Ms. Price asked about the use of the funds. Funds will be used for salaries and activities. Ms. Tomboulian asked if the positions on the personnel chart are not currently funded. Ms. Lister indicated that they weren't. Ms. Ross asked if Ms. Lister had talked with Mr. Swafford about providing the at-risk student information to an entity that is not totally made up of Calhoun employees. Ms. Lister stated that she had not done that yet. CASA Sherri Gideon of CASA provided the committee with information about the organization. They are now facing the possibility of not being able to serve all the children in need in Denton County for the first time. CASA is looking at various ways to handle that. Will also attempt to find funding in different areas. Ms. Hinojosa asked if they met their goal of building a reserve fund. Ms. Gideon stated that they now have a reserve fund of $1,000. Dr. Myers asked if the need is greater every year. Ms. Gideon stated that there continues to be a greater number of children in need. Dr. Myers asked if the number of volunteers have increased. Ms. Gideon said that they have seen an increase in volunteers and that CASA tries to do things to support their volunteers. Members continue to discuss staffing needs as they relate to volunteer support. Children's Advocacy Center of Denton County Dan Leal of the Children's Advocacy Center of Denton County gave some information about the agency's outcomes. He noted that in 1996 only 8% of sexual abuse and sever physical abuse cases resulted in confinement of probation in 1997 59.2% resulted in confinement or probation. They are bringing services to Denton and will provide services at the Denton Family Resource Center on Wednesday evenings. They are ahead of schedule and will begin providing these services in March. Ms. Nalls asked about the capital campaign. Mr. Leal stated that they have raised about $400,000 so far and need about $2,000,000. Mr. Leal noted that the budget has increased because they are acting as fiscal agent for some grants for other programs. The meeting adjourned at 8:20 pm. Page 67 UNOFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING March 10, 2004 Members Present: Teri Rheault, Betty Tomboulian, Lovie Price, James McDade, Jean Hinojosa, Sonja Ball, Jodi Vicars-Nance, Bettye Myers, Lilia Bynum, Mae Nell Benford, and Carol Bounds Staff Present: Wendy Nails, Human Services Coordinator; Barbara Ross, Community Development Administrator. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 6:00PM. At this time the minutes from the February 23, 2004 and February 26, 2004 Human Services Advisory Committee meetings were approved. After discussion, the HSAC proceeded to determine funding recommendations for the 2004-2005 Human Services Funding contract. The HSAC determined the first step in the recommendation process to be the review of applications where some committee members recommended funding the application but other committee members recommended not funding the application. The HSAC decided to take action next on all funding applications where the application score sheets indicated unanimous recommendation for full funding or unanimous recommendation for not funding an application. The HSAC determined the last step to be the review of applications where committee members all recommended funding of an application but a variety of recommended funding amounts where suggested on the application score sheets. Upon review of the applications with limited support for funding, the HSAC took action to present the following recommendations to City Council: 1. Boys and Girls Club Afterschool program - $0.00 2. Boys and Girls Club Young Adult Job Training - $0.00 3. First Texas Council of Campfires- $0.00 4. Communities in Schools- $0.00 5. Cumberland Presbyterian Children's Home- $5,000.00 6. Denton County Federation of Families- $0.00 7. Denton Independent School District - Extended Day $0.00 8. Riding Unlimited- $1,500.00 9. Singing Oaks Church of Christ- $12,500.00 The HSAC decided to delay action on the Fairhaven and Habitat for Humanity applications until after some additional funding recommendations were completed. The HSAC decision not to recommend funding the application submitted by Denton County Federation of Families was opposed by Betty Tomboulian and Jodi Vicars-Nance. Also, the recommendation not to provide funding to the Denton Independent School District Extended day Program was opposed by Lovie Price. In addition, the HSAC decision to recommend funding Riding Unlimited was opposed by Lovie Price and Mae Nell Benford. Upon review of the applications with unanimous recommendation for full funding or unanimous recommendation for not funding an application, the HSAC took action to present the following recommendations to City Council: Page 68 1. Walking Prayer Clubs- $0.00 2. Woman to Woman- $0.00 3. Children's Advocacy Center $12,000.00 4. Community Food Center $3,000.00 5. Family Health Care $30,000.00 Upon review of the applications where committee members all recommended funding an application but a variety of recommended funding amounts where suggested, the HSAC took action to present the following recommendations to City Council: 1. AIDS Services of North Texas $16,000.00 2. City of Denton - After School Action Site Program 16,600.00 3. CASA- 10,000.00 4. Denton Christian Preschool- 31,200.00 5. Denton City County Day School- 38,000.00 6. Denton County Friends of the Family 35,000.00 7. Denton County MHMR- SEIRRA 9,000.00 8. Denton Family Resource Center- 5,000.00 9. Fairhaven Retirement Home- 8,880.00 10. Fred Moore Day Nursery School- 43,000.00 11. Habitat For Humanity- 0.00 12. HOPE, Inc.- 31,000.00 13. Interfaith Ministries- 18,250.00 14. City of Denton- Kings Kids Day Kamp - 20,000.00 15. Owsley Community School- 14,000.00 16. City of Denton - Owsley Summer Playground- 22,000.00 17. RSVP- 10,000.00 18. Salvation Army- 17,000.00 19. Sickle Cell Disease Association of America- 8,000.00 20. SPAN- 30,000.00 The HSAC decision not to recommend funding for the application submitted by Denton Habitat for Humanity was opposed by Jodi Vicars-Nance. The HSAC recommended a total of $451,930.00 in awards to Community organizations for the 2004-2005 Human Services Funding Award Year. The recommended funding amount of $451,930.00 would fund 60% of the $757,643.53 requested in the 2004-2005 Human Services Funding Applications. The HSAC will present its recommendations for funding to the City Council at the April 20, 2004 City Council work session and be open for public comment during a public hearing at the April 20, 2004 City Council meeting, Adjourned Page 69 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: May 4, 2004 Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance of the City of DeNon, Texas establishing one-way traffic on portions of Locust Street and Elm Street; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. BACKGROUND TxDOT Typically relies on local municipalities to adopt ordinances regulating traffic controls on State highways within their jurisdiction. This reconstruction of US77 (part of Locust Street in the area of University Drive/US380 and Sherman Drive/FM428 and all of Elm Street from IH35N to University Drive/US380) began some time ago and this work is nearing completion. A part of this reconstruction includes the following changes in order to make these sections of roadways, a one-way couplet, creating an extension of the existing couplet south of Sherman Drive/FM428: · Locust Street/US77 (from Sherman Drive/FM428 to FM2164) imo a one-way northbound roadway (curremly a two-way street), · Elm Street/US77 (from FM2164 to Sherman Drive/FM428) imo a one-way southbound roadway (curremly a two-way street). If the City of Denton does not undertake this action, TxDOT will proceed to their commission for adoption. In the imerim, the traffic controls addressed by this ordinance would be unenforceable. Concerns have been raised that there is no midpoim crossover curremly in place between Sherman Drive and the Locust/US77 connector to allow traffic to head the other direction. There is the possibility that Talliaferro Street can be reconstructed at an estimated cost of $100,000. This estimate includes right of way acquisition to provide sufficiem room for two lanes and to overcome severe topographical constraints present at the intersection with Locust. There is currently no money programmed to accomplish this connection. OPTIONS 1. Approve the ordinance 2. Approve the ordinance with conditions 3. Not approve the ordinance and require TxDOT to adopt through their Commission RECOMMENDATION Staff recommends and on April 5, 2004, the Traffic Safety Commission forwarded a recommendation to the City Council that a direction of vehicle travel ordinance be established for: · Locust Street/US77, to be one-way northbound, from Sherman Drive/FM428 to FM2164, and · Elm Street, to be one-way southbound, from FM2164 to Sherman Drive/FM428. Page 1 PRIOR ACTION/REVIEW The Traffic Safety Commission reviewed this item on April 5, 2004 and unanimously recommended that a direction of vehicle travel ordinance be established for: · Locust Street/US77, to be one-way northbound, from Sherman Drive/FM428 to FM2164, and · Elm Street, to be one-way southbound, from FM2164 to Sherman Drive/FM428. FISCAL INFORMATION TxDOT will install/replace the necessary signing/posts at their expense. ATTACHMENTS 1. Map of proposed one-way street's limits 2. Markings design of Elm/Locust 3. Traffic Safety Commission minutes 4. Ordinance Prepared By: David Salmon, Assistant Director Engineering Respectfully submitted: Charles Fiedler Director, Engineering Page 2 LOCATION MAP FM2164/US77 A-I-I-ACHMENT #1 I1¢1111111111111111 I [ ~ t-'-I I-¢, 0 O0*k"9~,,,m,.,,e~NI3 HOI¥~ 00,'-~/I. ' ':INI-I HO/VI~ ~AIH(I NVIAIH~HS ~lO HJ~HON J~Sf'l£ OJ~ ££Sl"l/179I'dlAI~t ~tO HJ~f'IOS J~Sf'l£ IAIOH~I IAFI~ 0 GR,~HIC SC~[ IHORIZ.) 'L 3NI9 I S;I~IO_-I E E3 NVIAI~I~H$ ~10 H&~ION &$1"IDO~I LEGEND Minutes Traffic Safety Commission April 5, 2004 PRESENT: Linda Brown, Lelia Howell, Connie Baker, Silvia Lesko, Harry Phillips, Pat Cheek, Murray Ricks, and Chairman Barry Walters. STAFF: David Salmon, Staff Liaison Bernard Vokoun, Traffic Engineer Kevin Roberts, Development Review Engineer Pat Killebrew, Secretary Chairman Walters called the meeting to order at 5:30 p.m. ITEM #2: REVIEW AND CONSIDER ENACTING A DIRECTION OF VEHICLE TRAVEL ORDINANCE FOR: LOCUST STREET, TO BE ONE-WAY NORTHBOUND, FROM SHERMAN DRIVE/FM 428 TO FM 2164, ELM STREET, TO BE ONE-WAY SOUTHBOUND, FROM FM 2164 TO SHERMAN DRIVE/FM 428 Vokoun said in the last couple of weeks TxDOT has finished and opened Elm Street and made it one-way southbound from FM 2164 to Sherman Drive/FM 428, and also has finished and opened Locust Street making it one-way northbound from Sherman Drive/FM 428 to FM 2164. Staff recommends the Traffic Safety Commission forward a recommendation to the City Council that a direction of vehicle travel ordinance be established for: Locust Street/US 77 to be one-way northbound from Sherman Drive/FM 428 to FM 2164, and Elm Street to be one-way southbound from FM 2164 to Sherman Drive/FM 428. Walters asked if there was anyone speaking for or against the recommendation. There was none. Walters asked for discussion from the Commissioners. Cheek made a motion to forward a recommendation to the City Council that a direction of vehicle travel ordinance be established for: Locust Street/US 77 to be one-way northbound from Sherman Drive/FM 428 to FM 2164, and Elm Street to be one-way southbound from FM 2164 to Sherman Drive/FM 428. Phillips seconded the motion. Walters said better signage was needed as to which lanes go where. Vokoun agreed there are a lot of signage needs in that area. Vokoun said he would e-mail TxDOT in the morning to ask about the signage. The motion passed unanimously. S:Our Doculnmlt ~Ordhlmlce~04 Chle WayLocustEhn doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS ESTABLISHING ONE-WAY TRAFFIC ON PORTIONS OF LOCUST STREET AND ELM STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. When signs or markings are in place giving notice thereof, all vehicles shall travel northbound on Locust Street from its intersection with Sherman Drive to its intersection with FM 2164. SECTION 2. When signs or markings are in place giving notice thereof, all vehicles shall travel southbound on Elm Street from its intersection with FM 2164 to its intersection with Sherman Drive SECTION 3. That all provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION 4. That if any provision of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person adjudged guilty of parking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION 6. 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, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __ day of .,2004. EULINE BROCK, MAYOR S:Our Docummlt s Ordhlances 04 One WayLocustEIm doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION May 4, 2004 Engineering Jon Fortune, Assistant City Manager SHEET SUBJECT Consider adoption of an ordinance of the City of Demon, Texas rescinding portion of certain no parking ordinances regulating parking on Locust Street and Elm Street; prohibiting parking at any time on certain portions of Elm Street and Locust Street; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. BACKGROUND TxDOT typically relies on local municipalities to adopt ordinances regulating traffic controls on State highways within their jurisdiction. They began the construction of US77 (part of Locust Street in the area of University Drive/US380 and Sherman Drive/FM428 and all of Elm Street from IH35N to University Drive/US380) some time ago and this work is nearing completion. A part of this reconstruction includes the following changes in order to make these sections of these two roadways, a one-way couplet: · Locust Street/US77 (from Sherman Drive/FM428 to FM2164) imo a one-way northbound roadway (curremly a two-way street). This section of roadway is planned to have 2 northbound lanes (to match the current 2 northbound lanes, south of Sherman Drive/FM428), with parking allowed on the easterly side, south of Coronado Drive. The portion of roadway north of Coronado Drive transitions to a three lane section and continues as three lanes to FM2164. As such, a no parking any time restriction is needed along the entire westerly side of Locust Street/US77to keep the westerly lane open to traffic and a no parking any time restriction is needed along the easterly side of Locust Street/US77 from Coronado Drive north, in order to keep the easterly lane open. There is currently a no parking any time restriction on the easterly side along the entire length of Locust Street from Sherman Drive/FM428 to FM2164and thus conflicts, in part, with the proposed parking alignment on the easterly side. · Elm Street/US77 (from FM2164 to Sherman Drive/FM428) imo a one-way southbound roadway. This section of roadway is designed to have 3 southbound lanes (to match the 3 southbound lanes of the eventual 6-lane section to the north of this section of roadway and the 3 southbound lanes south of University Drive/US380). Page 1 Currently there are a number of no parking any time ordinances that deal with the section of Locust Street/US77 and Elm Street/US77 from Sherman Drive/FM428 to FM2164: Ordnance 78-61, Section I (g) "That the east side of Locust Street from its intersection with Sherman Drive north for a distance of 100 feet shall not be used for the parking of vehicles or in any manner obstructed at any time, and the same shall be so posted by the proper authorities of the City of Denton, Texas." In order to allow the most efficiem usage (vehicle turning radii and the like) of the intersection of Sherman Drive/FM428 and Locust Street/US77, staff recommends that this portion of the ordinance for this location of no parking any time, remain in effect but as a matter of consistency be rescinded and made a part of the new no parking, any time ordinance. Ordinance 78-61, Section I (h) "That the east side of Elm Street from its imersection with Sherman Drive north for a distance of thirty feet shall not be used for the parking of vehicles or in any manner obstructed at any time, and the same shall be so posted by the proper authorities of the City of Denton, Texas." Staff recommends that this portion of the ordinance for this location of no parking any time, remain in effect but again, as a matter of consistency be rescinded and made a part of the new no parking, any time ordinance proposed for the entire easterly side of Elm Street/US77 from FM2164 to Sherman Drive/FM428. Ordinance 78-63 Section I (b) "That the east side of Locust Street from Sherman Drive to Peach Street shall not be used for the parking of vehicles or in any manner obstructed at any time, and the same shall be so posted by the proper authorities of the City of Demon, Texas." Staff recommends that this portion of the ordinance be rescinded. As noted earlier, this portion of this roadway will be marked so that there are two northbound lanes on the westerly side of the roadway (so as to match that portion to the south of Sherman Drive/FM428) and allow parking on the easterly side. Thus this portion of this ordinance is in conflict with the proposed usage. Ordinance 78-71 Section I (2) "That the east side of Locust street from Peach Street to FM2164 shall not be used for the parking of vehicles or in any manner obstructed at any time, and the same shall be so posted by the proper authorities of the City of Denton, Texas." Staff recommends that this portion of the ordinance for this location of no parking any time, be rescinded. However, a portion of this section needs to remain (from Coronado Page 2 Drive to FM2164) as the roadway transitions to three lanes just north of Coronado Drive and continues as such to FM2164. As noted earlier, the portion of this roadway south of Coronado Drive, will be marked so that there are two northbound lanes on the westerly side of the roadway (so as to match that portion to the south of Sherman Drive/FM428) and allow parking on the easterly side, south of Coronado Drive. Thus a portion of this ordinance is in conflict with the proposed usage. TxDOT has installed and bagged the no parking signage for Locust Street/US77, on the west side, from Sherman Drive/FM428 to FM2164 as well as having installed the no parking signage for Elm Street/US77, on the west side, from FM2164 to Sherman Drive/FM428 and will install the remaining no parking signage required of this ordinance, as time permits. If the City of Denton does not undertake this action, TxDOT will proceed to their commission for adoption. In the interim, the traffic controls addressed by this ordinance would be unenforceable. OPTIONS 1. Approve the ordinance 2. Approve the ordinance with conditions 3. Not approve the ordinance and require Commission TxDOT to adopt through their RECOMMENDATION Staff recommends and on April 5, 2004, the Traffic Safety Commission forwarded a recommendation to the City Council for the rescinding of no parking any time ordinances: · 78-61, Section I(h); concerning the east side of Elm Street from Sherman Drive to 30ft north and · 78-63, Section I(b); concerning the east side of Locust Street from Sherman Drive to Peach Street and · 78-71, Section I(1); concerning the east side of Locust Street from Peach Street to FM2164 and enacting a no parking any time restriction ordinance for: · Locust Street/US77, the west side, from Sherman Drive/FM428 to FM2164 and · Locust Street/US77, the east side, from Sherman Drive/FM428 northerly for 100ft and · Locust Street/US77, the east side, from Coronado Drive to FM2164 and · Elm Street, the west side, from FM2164 to Sherman Drive/FM428 and · Elm Street, the east side, from FM2164 to Sherman Drive/FM428. PRIOR ACTION/REVIEW · The Traffic Safety Commission reviewed this item on April 5, 2004 and unanimously recommended the actions noted above. Page 3 FISCAL INFORMATION TxDOT will install/replace the necessary signing/posts at their expense. ATTACHMENTS 1. Location Map 2. Street design 3. Ordinances to be rescinded 4. Traffic Safety Commission minutes 5. Ordinance Prepared By: David Salmon, Assistant Director Engineering Respectfully submitted: Charles Fiedler Director, Engineering Page 4 LOCATION MAP A-I-I-ACHMENT #1 FM2164/US77 Illllllllllllllllll I [ ~ t-'-I I-(, 0 O0*k"9~,,,m,.,,e~NI3 HOI¥~ 00,'-~/I. ' ':INI-I HO/VI~ ~AIH(I NVIAIH~HS ~lO HJ~HON J~Sf'l£ OJ~ ££Sl"l/179I'dlAI~t ~tO HJ~f'IOS J~Sf'l£ IAIOH~I IAFI~ 0 GR,~HIC SC~[ IHORIZ.) 'L 3NI9 I S;I~IO_-I E E3 NVIAI~I~H$ ~10 H&~ION &$1"IDO~I LEGEND A-I-I-ACHMENT :/¢3 ORDINANCE NO. 78-61 391 NO.. ?~- ~ / AN ORDINANCE REMOVING PARKING ON CERTAIN PORTIONS OF'SHE~N DRIVE, WOODLAND STREET, STUART ROAD, CORONADO STREET, KINGS ROW, BELL AVE- NUE, LOCUST STREET, ELM STREET AND MULBERRY STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. (a) That the east and west sides of Sherman Drive from its intersection with Carroll Boulevard to the north city limits except along the east and west curb from a point 225 feet north of the in- tersection with Coronado Drive-Live Oak Street to a point 300 feet south of the intersection with Monterey Street shall not be used for parking of vehicles or in any manner obstructed at any time, and the same shall be'so posted by the proper authorities of the City of Denton, Texas. (b) That the ~orth and south sides of Woodland Street from a point at the east end of the traffic island east for a distance of 125 feet shall not be used for the parking of vehicles or in any manner obstructed at any time, and the same shall be so posted by the proper authorities of the City of Denton, Texas. {c) That the west side of Stuart Road from its intersection with Coronado Street to its intersection with Sherman Drive shall not be used for the parking of vehicles or in'any manner obstructed at any time, and the same shall be so posted by the proper authorities of the City of Denton, Texas. (d) That the north side of Coronado Street from its intersection with Sherman Drive west around the curve and then north on the east side of Stuart Road for a total distance of 150 feet shall not be used for the parking of vehicles or in any manner obstructed at any time, and the same shall be so posted by the proper authorities of the City of Denton, Texas. (e) That the north and south sides of Kings Row from its in- tersection with Sherman Drive west and east for a distance of twenty feet shall not be used for the parking of vehicles or in any manner obstructed at any time, and the same shall be so posted by the pro- per authorities of the City of Denton, Texasl 392 (f) That the south side of Bell Avenue from its intersection with Sherman Drive west for a distance of 100 feet shall not be used for the parking of vehicles or in. any manner obstructed at any time, and the same shall be so posted by the proper auth- orities of the City of Denton, Texas. (g) That the east side of Locust Street from its intersection with Sherman Drive north for a distance of 100 feet shall not be used for the parking of vehicles or in any manner obstructed at any time, and the same shall be so posted by the proper auth- orities of the City of Denton, Texas. (h) That the east side of Elm Street from its intersection with Sherman Drive north for a distance of thirty feet shall not be used for the parking of vehicles or' in any manner obstructed at any time, and the same shall be so posted by the proper authorities of the City of Denton, Texas. (i) That the north side of Mulberry Street'from its inter- section with LocUst Street to a point ~0 feet east of its inter~ section with Elm Street shall not be used for the parking of vehicles or in any manne~ obstructed at any time, and the same shall be. so posted by the proper authorities of the City of Denton, Texas. That items (b) through (h) are shown for clarification on the attached Exhibits A and such Exhibits are incorporated into this ordinance'as if the same were set out specifically herein. SECTION II. That Section 1-5 of the Code of Ordinances of the City of Denton is incorporated into the ordinance as if set out in full herein, and the penalty by fine not to exceed Two H6ndred Dollars ($200.00) is applicable hereto, and it is hereby declared unlawful to park any vehicle on any portion of the above described streets as is posted or marked as a "No Parking Zone". SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any per- ~on or circumstances is held invalid by any court of competent juris- 393 diction, such holding shall not affect the validity of the remaining . portions of this ordinance, and the City Council of the City of Denton hereby declares it would have enacted such remaining portions despite any such invalidity. SBCTION IV. That this ordinance shall become effective fourteen days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be publi~hed twice in the Denton Record-Chronicle, the official newspaper of the City of Denton within ten (10) days of the date of its passage. PASSED and APPROVED this the 17th day of October, A. D. 1978. yM~TCHELL, MAY~R OF DENTON, TEXAS ATTEST: BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ~-~. TC.-ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS ORDINANCE NO. 78-63 AN ORDINANCE REMOVING PARKING ON CERTAIN PORTIONS OF MULBERRY STREET, AND LOCUST STREET; PROVIDING A SEVERABILiTY CLAUSE; PRO- VIDING A pENALTY; AND DECLARING AN EFFECTIVE DATE. TIlE COUNCIL OF TtLE CITY OF DENTON, TEXAS, HEREBY ORDAINS; SECTION I. (a) That the north side of Mulberry Street from Cedar Street to 250 feet east of Carroll Boulevard shall not be used for the parking of vehicles or in any manner obstructed at any time, and the same shall be so posted by the proper authorities of the City of Denton, Texas. (b) That the east side of Locust Street from Sherman Drive to Peach Street shall not be used for the parking of vehicles or in any manner obstructed at any time, and the same shall be so posted by the proper authorities of the City'of Denton, Texas. SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof'to 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 III. That Section 1-5 of the Code of Ordinances of the ~ity of Denton is incorporated into the ordinance as if set out in full herein, and the penalty by fine not to exceed Two Hundred Dollars is applicable hereto, and it is hereby declared unlawful to park any vehicle on any portion of the above described streets as is posted or marked as a "No Parking Zone". SECTION IV. That this ordinance shall become effective fourteen days from the date oX 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, the official newspaper of the City of Denton, Texas, within ten (10) days of 'the date of 1ts passaEe. PASSED AND APPROVED This the ~F~/~ day of November, A. D. 1978. JO~CMI TCHELL', I,fAYOR CL/TY OF DENTON, TEXAS ATTEST: BRODKS HOLT, CITY SECRETARY ~CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOR~I: PAUL -C. ISHA.%t, CITY ATTOP~NEY CITY OF DENTON, TEXAS ORDINANCE NO. 78-71 AN ORDINANCE PROHIBITING PARKING ON THE EAST SID~ OF LOCUST STREET FROM PEACH STREET TO FM 2164; AND PROHiSITING PARKING ON THE WEST SIDE OF BELL AVENUE FROM SHERMAN DRIVE TO UNIVERSITY DRIVE FROM ?=00 A.M. TO 7=00 P.N.; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HERE~Y ORDAINS= SECTION I. (1) That parking on the east side of Locust Street from Peach Street to FM 2164 shall not be used for the parking of vehicles or in any manner obstructed at any time, and the same shall be so posted by the proper authorities of the City of Denton, Texas. (2) That the west side of Bell Avenue from Sherman Drive to University Drive shall not be used for the parking of vehicles or ' in any manner obstructed at any time between the hours of 7:00 A.M. to 7:00 P.M., and the same shall' be so posted by the proper auth- orities of the City of Denton, Texas. SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase.or word %n this ordinance, or application thereof to 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 ~ortions despite any such invalidity. SECTION III. That Section 1-5 of the Code of Ordinances of the City of Denton is incorporated into the ordinanqe as if set out in full herein, and the penalty by fine not to exceed Two'Hundred Dollars is applicable hereto, and it is hereby declared unlawful to park any vehicle on'any portion of the above'described streets as is posted or marked as a "No Parking Zone". SECTION IV. That this ordinance shall become effective fourteen 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, the official newspaper of the City of Denton, Texas, withi~ ten (10) days of the date of its passage. PASSED AND APPROVED This the 5th day of De=ember, OF DENTON, TEXAS ATTEST HOLT, CITY SECRETARY CITY OF DENTON~ TEXAS · APPROVED AS TO LEGAL FORM: CITY OF DENTON, TEXAS Minutes Traffic Safety Commission April 5, 2004 PRESENT: Linda Brown, Lelia Howell, Connie Baker, Silvia Lesko, Harry Phillips, Pat Cheek, Murray Ricks, and Chairman Barry Walters. STAFF: David Salmon, Staff Liaison Bernard Vokoun, Traffic Engineer Kevin Roberts, Development Review Engineer Pat Killebrew, Secretary Chairman Walters called the meeting to order at 5:30 p.m. ITEM #3: REVIEW AND CONSIDER RESCINDING NO PARKING ANY TIME ORDINANCES: 78-61, SECTION I(h); CONCERNING THE EAST SIDE OF ELM STREET FROM SHERMAN DRIVE/FM 428 TO 100 FEET NORTH 78-63, SECTION I(b); CONCERNING THE EAST SIDE OF LOCUST STREET FROM SHERMAN DRIVE/FM 428 TO PEACH STREET, AND 78-71, SECTION I(1); CONCERNING THE EAST SIDE OF LOCUST STREET FROM PEACH STREET TO FM 2164, AND ENACTING A NO PARKING ANY TIME RESTRICTION ORDINANCE FOR: · LOCUST STREET/US 77, THE WEST SIDE, FROM SHERMAN DRIVE/FM 428 TO FM 2164, · LOCUST STREET/US 77, THE EAST SIDE, FROM SHERMAN DRIVE/FM 428, NORTHERLY FOR 100 FEET, · LOCUST STREER/US 77, THE EAST SIDE FROM CORONADO DRIVE TO FM 2164, ELM STREET/US 77, THE WEST SIDE, FROM FM 2164 TO SHERMAN DRIVE/FM 428, AND ELM STREET/US 77, THE EAST SIDE, FROM FM 2164 TO SHERMAN DRIVE/FM 428. Vokoun explained the current parking/no-parking situation on Locust Street and Elm Street. TxDOT continued the through lane on Locust Street from University Drive/US 380 and Sherman Drive/FM 428 on the west side. Therefore, the parking is needed on the west side and not on the east side. There will be two lanes and enough space to allow parking on the west side. On Elm Street, TxDOT has striped it so there are three southbound lanes and no parking is needed on both sides to keep the outside lanes open. Staff recommends rescinding no parking any time ordinances: · 78-61, Section I(h); Conceminq the east side of Elm Street from Sherman Drive/FM 428 to 100 feet north, · 78-63, Section I(b); Conceminq the east side of Locust Street from Sherman Drive/FM 428 to Peach Street, and · 78-71, Section I(1); Conceminq the east side of Locust Street from Peach Street to FM 2164, and Enactinq a no parking any time restriction ordinance for: · Locust Street/US 77, the west side, from Sherman Drive/FM 428 to FM 2164, · Locust Street/US 77, the east side, from Sherman Drive/FM 428, northerly for 100 feet, · Locust Street/US 77, the east side from Coronado Drive to FM 2164, · Elm Street/US 77, the west side, from FM 2164 to Sherman Drive/FM 428, and · Elm Street/US 77, the east side, from FM 2164 to Sherman Drive/FM 428. Walters asked why TxDOT put the No Parking signs on the far side of the sidewalks. They almost cannot be seen. Vokoun said he would bring this to TxDOT's attention. Howell asked why parking was allowed on Locust Street but not on Elm Street. Vokoun said there are two through lanes on Locust Street and the third lane on the right is wider than normal to allow some parking in that area. There are a lot of single-family residences in that area on Locust Street and on Elm Street there are commercial businesses and apartments with off-street parking so the need is not as great on Elm Street as on Locust Street. The parking on Locust Street was also asked for during some of the public meetings when Locust Street and Elm Street were being designed. Ricks asked if Elm Street was three lanes from FM 2164 to Sherman Drive/FM 428. Vokoun said yes. Ricks said Elm Street does have some single-family residences too. Vokoun said he has driven the area a number of times and the residences were being accommodated. In some cases, TxDOT poured pads for the residents to park extra cars, and some of the residences are duplexes with drive-in parking in front of them. Vokoun said TxDOT also made some of the drives longer and wider to make room for extra parking. Ricks asked if there would be a problem with the cars coming out of the driveways. Vokoun said a lot of them can turn around in the back of the duplex, or they can use the pads that TxDOT poured to head out instead of backing out into Elm Street. Cheek made a motion to send a recommendation to City Council rescindinq no parking any time ordinances: 78-61, Section I(h); Concerning from Sherman Drive/FM 428 to 78-63, Section I(b); Concerning from Sherman Drive/FM 428 to the east side of Elm Street 100 feet north, the east side of Locust Street Peach Street, and · 78-71, Section 1(1); Concerning the east side of Locust Street from Peach Street to FM 2164, and Enacting a no parking any time restriction ordinance for: · Locust Street/US 77, the west side, from Sherman Drive/FM 428 to FM 2164, · Locust Street/US 77, the east side, from Sherman Drive/FM 428, northerly for 100 feet, Locust Street/US 77, the east side from Coronado Drive to FM 2164, Elm Street/US 77, the west side, from FM 2164 to Sherman Drive/FM 428, and Elm Street/US 77, the east side, from FM 2164 to Sherman Drive/FM 428. Phillips seconded the motion. Ricks asked if citizens had any recourse to complain about losing the parking on the street. Vokoun said yes, but in the three weeks it has been opened, there have been no complaints so far and the citizens seem to be aware that no parking on the street is allowed. Howell said her only concern is the visitors that come to see the residents are not allowed to park in the off-street parking at some apartments. Vokoun said staff would monitor the situation and keep the TSC aware of any problems in the area. Walters said a motion had been made and seconded and asked for a vote. The motion passed unanimously. S:Our Docunlmlt ~Ordhlmlce~04 No ParkingEhnLocust doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS RESCINDING PORTION OF CERTAIN NO PARKING ORDINANCES REGULATING PARKING ON LOCUST STREET AND ELM STREET; PROHIBITING PARKING AT ANY TIME ON CERTAIN PORTIONS OF ELM STREET AND LOCUST STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Section 1 (h) of ordinance number 78-61 regulating parking on the east side of Elm Street from its intersection with Sherman Drive and extending north for thirty feet is hereby rescinded. SECTION 2. Section 1 (b) of ordinance number 78-63 regulating parking on the east side of Locust Street from its intersection with Sherman Drive to its intersection with Peach Street is hereby rescinded. SECTION 3. Section 1(1) of ordinance number 78-71 regulating parking on the east side of Locust Street from its intersection with Peach Street to its intersection with FM 2164 is hereby rescinded SECTION 4. When signs or markings are in place giving notice thereof, no person shall park a vehicle at any time upon the following streets in the City of Denton: On the west side of Locust Street from its intersection with Sherman Drive to its intersection with FM 2164. On the east side of Locust Street from its intersection with Sherman Drive extending north for 100 feet. On the east side of Locust Street from its intersection with Coronado Drive to its intersection with FM 2164. On both sides of Elm Street from its intersection with FM 2164 to its intersection with Sherman Drive. SECTION 5. The provisions of Section 4 prohibiting the parking of vehicles shall apply during the specified times on the designated portion of the above named street or streets except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. SECTION 6. That all provisions of the ordinances of the City of Demon in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of S:Our Docunlmlt ~Ordhlmlce~04 No ParkingEhnLocust doc the City of Demon, not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION 7. That if any provision of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 8. Any person adjudged guilty of parking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION 9. 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, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. 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: Page 2 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET May 4, 2004 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - A03-0002 (Villages of Carrnel Annexation) Consider adoption of an ordinance on second reading to voluntarily annex 35.43 acres of land generally located north of Pockrus Page Road, west of Swisher Road, and south of Edwards Road in the southeastern section of the City of Denton Extraterritorial Jurisdiction (ET J). The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicant: Harold Holigan Dallas, TX The applicant, Harold Holigan, has petitioned for the voluntary annexation of approximately 35.43 acres of land into the City. The 35.43 acres to be annexed will be part of a larger mixed-use development (114 acres) consisting of single-family homes, loft apartments, town homes, neighborhood retail, and walking trails. City Council held public hearings for the annexation on February 17, 2004 and March 2, 2004. The Planning and Zoning Commission held a public hearing for the annexation on March 10, 2004. City Council voted to proceed with the annexation as presented on first public reading of the annexation ordinance on March 23, 2004. The subject site is located within the "Neighborhood Centers" future land use area. These areas may develop in conventional patterns or may be developed in a pattern of 'neighborhood centers'. Neighborhood Centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. Public notification information is provided in Attachment 2. As of this writing, staff has not received any written responses in opposition to the request from property owners within 200 feet of the subject site. OPTIONS 1. Proceed with annexation as presented. 2. Proceed with annexation with changes. 3. Discontinue annexation process. RECOMMENDATION The Planning and Zoning Commission recommends approval of the annexation petition. (6-0, Holt absent). ESTIMATED PROJECT SCHEDULE The annexation process will be completed by May 4, 2004 (see Attachment 3). PRIOR ACTION/REVIEW Application Date 1 st CC Public Hearing 2nd CC Public Hearing P&Z Public Hearing 1 st Reading of Ordinance Ordinance published in DeNon Record-Chronicle September 24, 2003 February 17, 2004 March 2, 2004 March 10, 2004 March 23, 2004 March 28, 2004 FISCAL INFORMATION Annexation and developmem of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvemems that are the responsibility of the city. ATTACHMENTS 1. Location Map 2. Public Notification 3. Annexation Schedule 4. March 10, 2004, Planning & Zoning Commission Meeting Minutes (A03-0002) 5. Annexation Ordinance Prepared by: Chris D. Hatcher, AICP Planner II Planning and Developmem Respectfully submitted: Kelly Carpemer, AICP Director, Planning and Developmem ATTACHMENT 1 Location Map NORTH A03-0002 (Villages of Carmel) Limits Location Map ATTACHMENT 2 Public Notification NORTH Notification Map ;{)8 FT Notificatio~ City Limits Scale: None Newspaper Notification Date: April 18, 2004 Percem of land within 200' in opposition: 0% 200' Legal Notices* sent via Certified Mail: 11 500' Courtesy Notices* sent via 1st Class Mail: 12 · In Favor: 0 · Opposed: 0 · Neutral: 0 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 3 ANNEXATION SCHEDULE A03-0002 The Village of Carmel Tuesday, 2/17/04 Tuesday, 3~2~04 Wednesday, 3/10/04 Tuesday, 3~23~04 Tuesday, 5/4/04 City Council conducts first public hearin.q. · Public notice must be no less than 10 days and no more than 20 days before public hearing. [] Annexation Study prepared and available for public review. [] Service Plan prepared and available for public review. City Council conducts second public hearin.q. · Public notice must be no less than 10 days and no more than 20 days before public hearing. Planning and Zoning Commission public hearings - make a recommendation to City Council regarding the proposed annexation and the proposed zonin,q. City Council by a four-fifths vote institutes annexation proceedings. First readinq of annexation ordinance. · Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. City Council by a four-fifths vote takes final action. Second readinq and adoption of the annexation ordinance. City Council considers approval of zoning request. · Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings (adopts ordinance on 1st reading). 5 Planning and Zoning Commission March 10, 2004 Page 2 of 3 4. PUBLIC HEARINGS: Hold public hearings and consider making a recommendation to the City Council on the following items: A. Voluntary annexation, service plan and proposed zoning for approximately 35.43 acres of land generally located north of Pockrus Page Road, west of Swisher Road, and south of Edwards Road in the southeastern section of the City of Denton Extraterritorial Jurisdiction (ET J). A mixed-use development consisting of single- family homes, loft apartments, town homes, neighborhood retail, and walking trails was proposed. (A03-0002, Villages of Carmel, Chris Hatcher). Commissioner Johnson moved, Powell seconded to approve the annexation. *Discussion of this item is included in the Court Reporter's transcript attached to this set of minutes (Page 25-37). Motion carried 6-0. Commissioner Holt absent. Commissioner Johnson moved, Strange seconded to approve the zoning request. *Discussion of this item is included in the Court Reporter's transcript attached to this set of minutes (Page 37) Motion carried 6-0. Commissioner Holt absent. Voluntary annexation, service plan and proposed zoning for approximately 19.51 acres of land generally located north of Pockrus Page Road, east of Mayhill Road, and south of Edwards Road in the southeastern section of the City of Denton Extraterritorial Jurisdiction (ET J). The applicant is not proposing to develop the property at this time. (A03-0003, Flowers Baking Company, Chris Hatcher). Commissioner Roy moved, Watkins seconded to approve the annexation. *Discussion of this item in included in the Court Reporter's transcript attached to this set of minutes (Page 41-44). Motion carried. 6-0. Commissioner Holt absent. Commissioner Roy moved, Watkins seconded to assign RCCD zoning designation. *Discussion of this item is included in the Court Reporter's transcript attached to this set of minutes. (Page 43) Motion carried 6-0. Commissioner Holt absent Detailed Plan for Planned Development 115 (PD-115) for approximately 9.1 acres. The property was generally located at the southwest corner of US Highway 377 and Bonnie Brae. A church was proposed. (Z03-0032, Planned Development 115, DeborahViera). Commissioner Johnson moved, Strange seconded to approve PD-115. *Discussion of this item is included in the Court Reporter's transcript attached to this set of minutes (Page 45-57) Motion carried 6-0. Commissioner Holt absent. S:\Our Document s\Ordinances\04kA03 -0002.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 35.43 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTH OF EDWARDS ROAD, WEST OF SWISHER ROAD AND NORTH OF POCKRUS PAGE ROAD IN THE SOUTHEASTERN SECTION OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330 DENTON COUNTY, TEXAS BEING TWO TRACTS OF LAND SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS AND BEING ALL OF A CALLED 8.834 ACRE TRACT OF LAND CONVEYED TO KLHB DEVELOPMENT OF DENTON, LLC, AS EVIDENCED IN A DEED RECORDED IN VOLUME 4889, PAGE I799, THE REMAINING PORTION OF A CALLED TRACT ONE, CONVEYED TO JOY POWELL AS EVIDENCED IN A DEED RECORDED IN VOLUME 1695, PAGE 0921, A PORTION OF A CALLED 4.75 ACRE TRACT CONVEYED TO POCKRUS PAGE RD., LTD., AS EVIDENCED IN A DEED RECORDED IN VOLUME 5328, PAGE 5082, A PORTION OF A CALLED 16.0 ACRE TRACT OF LAND CONVEYED TO RICHARD A. BARIA, AS EVDENCED IN VOLUME 1329, PAGE 202, A PORTION OF A TRACT OF LAND CONVEYED TO SAID RICHARD ARLEN BARIA, ET UX, AS EVIDENCED IN A DEED RECORDED IN VOLUME 471, PAGE 235, THE REMAINING PORTION OF A CALLED 10.395 ACRE TRACT OF LAND CONVEYED TO W. E. BUCKALEW, AS EVIDENCED IN A DEED RECORDED IN VOLUME 530, PAGE 054, A PORTION OF THE REMAINING PORTION OF A TRACT OF LAND CONVEYED TO ED COWART, AS EVIDENCED IN A DEED RECORDED IN VOLUME 414, PAGE 447, A PORTION OF A CALLED 4.00 ARCE TRACT OF LAND CONVEYED TO CHARD TANNER COWART, ET UX, AS EVIDENCED IN A DEED RECORDED IN VOLUME 4784, PAGE 1256, ALL AS RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABmITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A03-0002) WHEREAS, on or about September 24, 2003, the property owner, Harold Ffoligan/Rita Beck (the "Petitioner") petitioned for voluntary annexation of approximately 80.3 acres of real property located in the extraterritorial jurisdiction of the City of Denton, Texas; and WHEREAS, on or about February 3, 2004 the Petitioner reduced the size of the area to be annexed to approximately 35.43 acres of land as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, on or about March 10, 2004, the Planning and Zoning Commission recommended approval of the annexation; and WHEREAS, the City Council finds that the Property contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; and WHEREAS, this annexation is voluntary and is being made under Subchapter C-1 of Chapter 43 of the Texas Local Government Code; and WHEREAS, the City Council finds that all required notices were given in the time and manner required by law; and WHEREAS, public heatings before the City Council were held in the Council Chambers on February 17, 2004, and March 2, 2004, (both days being on or after the 20th day but before the 40th day of the date of the institution of the proceedings) to allow ali interested persons to state their viexvs and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on March 23, 2004; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on March 28, 2004, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, the City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Property is hereby annexed to the City of DentOn, Texas. SECTION 3. The service plan, a copy of which is attached hereto and made a part hereof by reference as Exhibit "B" (the "Service Plan") which provides for the extension of municipal services to the Property, is approved as part of this ordinance. The Service Plan was made available for public inspection and explanation to the inhabitants of the area being annexed at the above described public hearings. The Service Plan was consented to by the Petitioner. SECTION 4. Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all portions of the Property lawfully annexed regardless of whether any other part of the Property is declared not to be lawfully annexed into the City. If any part of the Property is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance. SECTION 5: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of ., 2004. 2 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3 EXHIBIT "A" BEING TWO TRACTS OF LAND SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS AND BEING ALL OF A CALLED 8.834 ACRE TRACT OF LAND CONVEYED TO KLHB DEVELOPMENT OF DENTON, LLC, AS EVIDENCED IN A DEED RECORDED IN VOLUME 4889, PAGE 1799, THE REMAINING PORTION OF A CALLED TRACT ONE, CONVEYED TO JOY POWELL AS EVIDENCED IN A DEED RECORDED IN VOLUME 1695, PAGE 0921, A PORTION OF A CALLED 4.75 ACRE TRACT CONVEYED TO POCKRUS PAGE RD., LTD., AS EVIDENCED IN A DEED RECORDED IN VOLUME 5328, PAGE 5082, A PORTION OF A CALLED 16.0 ACRE TRACT OF LAND CONVEYED TO RICHARD A. BARIA, AS EVIDENCED IN VOLUME 1329, PAGE 202, A PORTION OF A TRACT OF LAND CONVEYED TO SAID RICHARD ARLEN BARIA, ET UX, AS EVIDENCED IN A DEED RECORDED IN VOLUME 471, PAGE 235, THE REMAINING PORTION OF A CALLED 10.395 ACRE TRACT OF LAND CONVEYED TO W. E. BUCKALEW, AS EVIDENCED IN A DEED RECORDED IN VOLUME 530, PAGE 054, A PORTION OF THE REMAINING PORTION OF A TRACT OF LAND CONVEYED TO ED COWART, AS EVIDENCED IN A DEED RECORDED IN VOLUME 414, PAGE 447, A PORTION OF A CALLED 4.00 ARCE TRACT OF LAND CONVEYED TO CHARD TANNER COWART, ET UX, AS EVIDENCED IN A DEED RECORDED IN VOLUME 4784, PAGE 1256, ALL OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS (R.P.R.D.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: TRACT 1 BEGINNING AT THE NORTHWEST CORNER OF A CALLED 10.00 ACRE TRACT OF LAND, CONVEYED TO ALLEN P. LUBBERS AS EVIDENCED IN A DEED RECORDED IN COUNTY CLEARK'S FILE NO. 96-R0069629 R.P.R.D.C.T., AND THE NORTHWEST CORNER OF THE CURRENT CITY LIMITS LINE OF THE CITY OF DENTON AS DESCRIBED IN CITY ORDINANCE NUMBER 99-262, SAME BEING IN EDWARDS ROAD; THENCE SOUTH 02 DEGREES 16 MINUTES 53 SECONDS WEST, ALONG THE WEST LINE OF SAID 10.00 ACRE TRACT AND THE WEST CITY LIMITS LINE AS DESCRIBED IN SAID CITY ORDINANCE NUMBER 99-262, A DISTANCE OF 1336.22 FEET TO A CORNER, SAME BEING ON THE NORTH CITY LIMITS LINE AS DESCRIBED IN CITY ORDINANCE 84-17; THENCE NORTH 87 DEGREES 56 M1N'UTES 20 SECONDS WEST, DEPARTING THE WEST LINE OF SAID 10.00 ACRE TRACT AND ALONG SAID NORTH CITY LIMIT LINE, A DISTANCE OF 1193.51 FEET TO A CORNER, SAME BEING ON THE WEST LINE OF AFORESAID 16.0 ACRE TRACT; THENCE NORTH 02 DEGREES 37 MINUTES 25 SECONDS EAST, CONTINUING ALONG THE SAID WEST LINE, A DISTANCE OF 788.12 FEET TO A CORNER; 4 THENCE SOUTH 86 DEGREES 34 MINUTES 49 SECONDS EAST, DEPARTING THE WEST LINE OF SAID 16.0 ACRE TRACT, A DISTANCE OF 511.14 FEET TO A CORNER; THENCE SOUTH 87 DEGREES, 47 MINUTES 33 SECONDS EAST, A DISTANCE OF 302.42 FEET TO A CORNER ON THE WEST LINE OF SAID TED COWART TRACT; THENCE NORTH 02 DEGREES 11 MINUTES 11 SECONDS EAST, ALONG THE WEST LINE OF SAID COWART TRACT, A DISTANCE OF 569.08 FEET TO A CORNER, SAME BEING ON THE SOUTH CITY LIMITS LINE AS DESCRIBED IN CITY ORDINANCE 86- 15; THENCE SOUTH 86 DEGREES 59 MINUTES 34 SECONDS EAST, ALONG SAID CITY LIMITS LINE, A DISTANCE OF 378.63 FEET TO THE POINT OF BEGINNING AND CONTAINING 26.24 ACRES OF LAND. TRACT 2 BEGINNING AT THE NORTHEAST CORNER OF AFORESAID CONVEYED TO SAID KLH_B DEVELOPMENT OF DENTON, LLC; 8.834 ACRE, AS THENCE SOUTH 02 DEGREES 02 MINUTES 31 SECONDS WEST, ALONG THE EAST LINE OF SAID 8.834 ACRE TRACT, THE EAST LINE OF THE JOY POWELL REMAINDER, A DISTANCE OF 724.32 FEET TO A CORNER; THENCE NORTH 87 DEGREES 02 MINUTES 50 SECONDS WEST~ A DISTANCE OF 73.11 FEET TO A CORNER; THENCE SOUTH 02 DEGREES 00 MINTUES 40 SECONDS WEST, A DISTANCE OF 596.16 FEET TO A CORNER; THENCE NORTH 88 DEGREES 42 MINUTES 30 SECONDS WEST, A DISTANCE OF 208.69 FEET TO A CORNER, SAME BEING ON THE EAST CITY LiMITS LINE AS DESCRIBED IN CITY ORDINANCE NUMBER 84-17; THENCE NORTH 02 DEGREES 21 MINUTES 34 SECONDS WEST, ALONG THE SAID EAST CITY LIMITS LINE, A DISTANCE OF 165.27 FEET TO A CORNER; THENCE NORTH 00 DEGREES 00 MINUTES 13 SECONDS EAST, CONTINUING ALONG SAID EAST CITY LIMITS LINE, A DISTANCE OF 315.27 FEET TO A CORNER; THENCE NORTH 88 DEGREES 42 MINUTES 30 SECONDS WEST, CONTINUING ALNG SAID EAST CITY LIMITS LINE, A DISTANCE OF 497.34 FEET TO A CORNER; THENCE NORTH 10 DEGREES 22 MINUTES 22 SECONDS WEST, CONTINUING ALONG SAiD EAST CITY LIMITS LINE, A DISTANCE OF 354.20 FEET TO THE NORTHWEST CORNER OF SAID 8.834 ACRE TRACT, SAME BEING ON THE NORTH CITY LIMITS LINE AS DESCRIBED 1N SAID CITY ORDINANCE NUMBER 84-17; 5 THENCE SOUTH 88 DEGREES 12 MINUTES 56 SECONDS EAST, ALONG THE NORTH LINE OF SAID 8.834 ACRE TRACT, A DISTANCE OF 437.59 FEET TO THE POINT OF BEGINNING AND CONTAINING 9.19 ACRES OF LAND. LOCATION MAP EXHIBIT "B" CITY OF DENTON DRAFT ANNEXATION SERVICE PLAN A03-0002 (Village of Carmel) i. AREA ANNEXED THE ANNEXATION AREA IS LOCATED IN THE SOUTHEAST PORTION OF DENTON' S EXTRATERRITORiAL JURISDICTION AND CONTAINS APPROXIMATELY 35.43 ACRES GENERALLY LOCATED NORTH OF POCKRUS PAGE ROAD, SOUTH OF EDWARDS ROAD, AND WEST OF SWISHER ROAD. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infi-astructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES me Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 12 minutes, which is similar to responses for surrounding properties within the city limits. The City of Denton will provide emergency medical services ("EMS"). Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date of the annexation. 7 IV. D. Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. Denton neighborhood park facilities are located within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. Bob services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts contain Neighborhood Centers and 100 year Floodplain/Environmentally Sensitive Areas. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intenSity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. UTILITY (RATEPAYER) SERVICES A. Solid Waste Collection Solid Waste Annexation Service Plan for A03-0002 (Village of Carmel) The City of Denton is the exclusive residential and commercial Solid Waste service provider within Denton's city limits. The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services wilt be provided, to the newly annexed property immediately upon the effective date of the annexation. To request Solid Waste collection services, please telephone the City of Denton Customer Service Department at 940-349-8210 and submit an application to initiate service. To obtain City of Denton Solid Waste schedule, service, and rate information, please telephone the Solid Waste Customer Relations office at 940- 349-8420. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Relations prior to commencing service. Residential Containerized Refuse Service Each residential address will be provided a 96-gallon wheeled refuse cart, which will be serviced one time per week. Residents are required to place their refuse cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Smaller carts are available for a lower monthly charge. Weekly brush service is provided. Residential Curbside Recyclin. g Service Curbside recycling services are provided to all residential solid waste service customers. Commercial Refuse Service Each commercial business will be provided with a commercial container(s), which are available in a variety of sizes and frequencies of collection, based on the waste generated. All refuse placed in the container for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed will not be collected. Refuse placed outside the container is subject to code enforcement regulations, including potential fines. Landfill Service The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For information regarding disposal charges, call the Landfill Office at 940-349-7510. VI. B. Water/Wastewater Facilities Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will begin upon the effective date of the annexation using existing personnel and equipment. Currently, the majority of thc area to be annexed is not provided with water or sewer service. A small public water system, Swisher Road WSC, serves an area east of the annexation area along Swisher Road. Sewage disposal within the Swisher Road WSC area is by private, on-site drainfield systems. A City of Denton waterline exists adjacent to the annexation area. Additional water and sewer lines are located along the boundaries of the annexation area. The City shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in thc area. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Electrical Services Denton Municipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. Denton Municipal Electric is the current electric service provider for this site. OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services l0 VII. VIII. IX. equal to other areas within the City having similar characteristics of topography, land use, and population density. Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 ½) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics of topography, land use, and population density. LEVEL OF SERVICES Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). PETITIONER HEREBY CONSENTS TO THE ABOVE SERVICE PLAN Harold Holigan Date: Rita Beck Date: AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET May 4, 2004 Planning and Development Departmem Jon Fortune, Assistant City Manager SUBJECT - A03-0003 (Flowers Baking Company Annexation) Consider adoption of an ordinance on second reading to volumarily annex 19.51 acres of land generally located north of Pockrus Page Road, east of Mayhill Road, and south of Edwards Road in the southeastern section of the City of DeNon Extraterritorial Jurisdiction (ET J). The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicam: Flowers Baking Co. of Demon, LLC Demon, TX The applicam, Flowers Baking Co. of Demon, LLC, has petitioned for the volumary annexation of approximately 19.51 acres of land imo the City. In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis" the annexation of areas in the ETJ when significam developmems are proposed. The applicam is not proposing to develop the property at this time. City Council held public hearings for the annexation on February 17, 2004 and March 2, 2004. The Planning and Zoning Commission held a public hearing for the annexation on March 10, 2004. City Council voted to proceed with the annexation as presented on first reading of the annexation ordinance on March 23, 2004. The subject site is located within the "Regional Mixed Use Activity Cemers" future land use designation. For a regional activity center, the focus area contains the shopping, services, recreation, employment, and institutional facilities supported by and serving an entire region. Public notification information is provided in Attachment 2. As of this writing, staff has not received any written responses in opposition to the request from property owners within 200 feet of the subject site. OPTIONS 1. Proceed with annexation as presemed. 2. Proceed with annexation with changes. 3. Discominue annexation process. RECOMMENDATION The Planning and Zoning Commission recommends approval of the annexation petition. (6-0, Holt absem). ESTIMATED PROJECT SCHEDULE The annexation process will be completed by May 4, 2004 (see Attachmem 3). PRIOR ACTION/REVIEW Application Date 1 st CC Public Hearing 2nd CC Public Hearing P&Z Public Hearing 1 st Reading of Ordinance Ordinance published in DeNon Record-Chronicle November 24, 2003 February 17, 2004 March 2, 2004 March 10, 2004 March 23, 2004 March 28, 2004 FISCAL INFORMATION Annexation of this property will increase the assessed value of the city. public improvemems that are the responsibility of the city. It will require no short-term ATTACHMENTS 1. Location Map 2. Public Notification 3. Annexation Schedule 4. March 10, 2004, Planning & Zoning Commission Meeting Minutes (A03-0003) 5. Annexation Ordinance Prepared by: Chris D. Hatcher, AICP Planner II Planning and Developmem Respectfully submitted: Kelly Carpemer, AICP Director, Planning and Developmem ATTACHMENT 1 Location Map NORTH A03-0003 (Flowers Baking Company) itv Limits Location Map ATTACHMENT 2 Public Notification NORTH Notification Map Limits Newspaper Notification Date: April 18, 2004 200' Legal Notices* sent via Certified Mail: 4 500' Courtesy Notices* sent via 1st Class Mail: 4 Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 0 · Neutral: 0 Scale: None *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 4 ATTACHMENT 3 ANNEXATION SCHEDULE A03-0003 Flowers Baking Company Tuesday, 2/17/04 Tuesday, 3~2~04 Wednesday, 3/10/04 Tuesday, 3~23~04 Tuesday, 5/4/04 City Council conducts first public hearin.q. · Public notice must be no less than 10 days and no more than 20 days before public hearing. [] Annexation Study prepared and available for public review. [] Service Plan prepared and available for public review. City Council conducts second public hearin.q. · Public notice must be no less than 10 days and no more than 20 days before public hearing. Planning and Zoning Commission public hearings - make a recommendation to City Council regarding the proposed annexation and the proposed zonin,q. City Council by a four-fifths vote institutes annexation proceedings. First readinq of annexation ordinance. · Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. City Council by a four-fifths vote takes final action. Second readinq and adoption of the annexation ordinance. City Council considers approval of zoning request. · Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings (adopts ordinance on 1st reading). 5 Planning and Zoning Commission March 10, 2004 Page 2 of 3 4. PUBLIC HEARINGS: Hold public hearings and consider making a recommendation to the City Council on the following items: A. Voluntary annexation, service plan and proposed zoning for approximately 35.43 acres of land generally located north of Pockrus Page Road, west of Swisher Road, and south of Edwards Road in the southeastern section of the City of Denton Extraterritorial Jurisdiction (ET J). A mixed-use development consisting of single- family homes, loft apartments, town homes, neighborhood retail, and walking trails was proposed. (A03-0002, Villages of Carmel, Chris Hatcher). Commissioner Johnson moved, Powell seconded to approve the annexation. *Discussion of this item is included in the Court Reporter's transcript attached to this set of minutes (Page 25-37). Motion carried 6-0. Commissioner Holt absent. Commissioner Johnson moved, Strange seconded to approve the zoning request. *Discussion of this item is included in the Court Reporter's transcript attached to this set of minutes (Page 37) Motion carried 6-0. Commissioner Holt absent. Voluntary annexation, service plan and proposed zoning for approximately 19.51 acres of land generally located north of Pockrus Page Road, east of Mayhill Road, and south of Edwards Road in the southeastern section of the City of Denton Extraterritorial Jurisdiction (ET J). The applicant is not proposing to develop the property at this time. (A03-0003, Flowers Baking Company, Chris Hatcher). Commissioner Roy moved, Watkins seconded to approve the annexation. *Discussion of this item in included in the Court Reporter's transcript attached to this set of minutes (Page 41-44). Motion carried. 6-0. Commissioner Holt absent. Commissioner Roy moved, Watkins seconded to assign RCCD zoning designation. *Discussion of this item is included in the Court Reporter's transcript attached to this set of minutes. (Page 43) Motion carried 6-0. Commissioner Holt absent Detailed Plan for Planned Development 115 (PD-115) for approximately 9.1 acres. The property was generally located at the southwest corner of US Highway 377 and Bonnie Brae. A church was proposed. (Z03-0032, Planned Development 115, DeborahViera). Commissioner Johnson moved, Strange seconded to approve PD-115. *Discussion of this item is included in the Court Reporter's transcript attached to this set of minutes (Page 45-57) Motion carried 6-0. Commissioner Holt absent. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 19.51 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTH OF EDWARDS ROAD, EAST OF MAYHILL ROAD AND NORTH OF POCKRUS PAGE ROAD IN THE SOUTHEASTERN SECTION OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION BEING IN THE G. WALKER SURVEY, ABSTRACT NO. 1330, IN THE M.E.P. AND P.R.R. CO. SURVEY ABSTRACT NUMBER 950, AND IN THE D. LAMBERT SURVEY ABSTRACT NUMBER 784, DENTON COUNTY, TEXAS, AND BEING PART OF THE CALLED 27.4367 ACRE TRACT DESCRIBED IN THE DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 790, DEED RECORDS OF DENTON COUNTY, TEXAS, PART OF THE CALLED 8.773 ACRE TRACT DESCRIBED IN THE DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 797 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, PART OF THE CALLED 3.000 ACRE TRACT DESCRIBED IN THE DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 804, OF THE DEED ROCOR_DS OF DENTON COUNTY, TEXAS, PART OF THE CALLED 79.4992 ACRE TRACT, DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 821, DEED RECORDS, DENTON COUNTY, TEXAS, ALL OF THE 3.59 ACRE TRACT OF LAND DESCRIBED IN 96-R0014833 OF THE REAL PROOPERTY RECORDS OF DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVER_ABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A03-0003) WHEREAS, on or about November 24, 2003, the property owner, Flowers Bakery Company of Denton, LLC (the "Petitioner") petitioned for voluntary annexation of approximately 19.51 acres of real property located in the extraterritorial jurisdiction of the City of Denton, Texas, which is more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, on or about March 10, 2004, the Planning and Zoning Commission recommended approval of the annexation; and WHEREAS, the City Council finds that the Property contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; and WHEREAS, this annexation is voluntary and is being made under Subchapter C-1 of Chapter 43 of the Texas Local Government Code; and WHEREAS, the City Council finds that ail required notices were given in the time and manner required by law; and WHEREAS, public hearings before the City Council were held in the Council Chambers on February 17, 2004, and March 2, 2004, (both days being on or after the 20th day but before the 40th day of the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the Property by the introduction of this ordinance at a meeting of the City Council on March 23, 2004; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on March 28, 2004, after annexation proceedings were instituted and 30 days prior to City Council taking £mal action, as required by City Charter; and WHEREAS, the City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan; NOW, THEREFORE, THE COUNCIL OF THE CiTY OF DENTON HEREBY ORDAINS' SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Property is hereby annexed to the City of Denton, Texas. SECTION 3. The service plan, a copy of which is attached hereto and made a part hereof by reference as Exhibit "B" (the "Service Plan") which provides for the extension of municipal services to the Property, is approved as part of this ordinance. The Service Plan was made available for public inspection and explanation to the inhabitants of the area being annexed at the above described public hearings. The Service Plan was consented to by the Petitioner. SECTION 4. Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all portions of the Property lawfully annexed regardless of whether any other part of the Property is declared not to be lawfully annexed into the City. If any part of the Property is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of ,2004. EULINE BROCK, MAYOR 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ 3 EXHIBIT "A" All that certain tract or parcel of land lying and being situated in the G. Walker Survey Abstract Number 1330, in the M.E.P. & P.R.R. Co. Survey Abstract Number 950, and in the D. Lambert Survey Abstract Number 784, Denton County, Texas, and being part of the called 27.4367 acre tract described in the deed to Andrew Corporation, recorded in Volume 912, Page 790, Deed Records of Denton County, Texas, part of the called 8.773 acre tract described in the Deed to Andrew Corporation, recorded in Volume 912, Page 797 of the Deed Records of Denton County, Texas, part of the called 3.000 acre tract described in the Deed to Andrew Corporation, recorded in Volume 912, Page 804 of the Deed Records of Denton County, Texas, part of the called 79.4992 acre tract, described in a deed to Andrew Corporation, recorded in Volume 912, Page 821, Deed Records, Denton County, Texas, all of the 3.59 acres of land described in 96-R0014833 of the Real Property Records of Denton County, Texas, and part of Andrew Addition Phase One as shown by the plat thereof recorded in Cabinet B, Page 12 of the Plat Records of Denton County, Texas and being more particularly described as follows: Beginning at a found railroad spike at the northeast corner of the 27.4367 acre Andrew Tract in Edwards Road; Thence south 02 degrees 40 minutes 55 seconds west with the east line of the 27.4367 acre Andrew Tract a distance of 698.28 feet to a found iron pin at an angle point in the east line of the 27.4367 acre Andrew Tract; Thence south 02 degrees 43 minutes 42 seconds west continuing with the east line of the 27.4367 acre Andrew Tract a distance of 1249.03 feet to a found iron pin at the southeast corner of the 27.4367 acre Andrew Tract on the north line of the 22.967 acre tract to Julia K. Clark recorded under clerks file number 95-R0000602 of the Real Property Records of Denton County, Texas; Thence north 87 degrees 33 minutes 17 seconds west with the south tine of the 27.4367 acre Andrew Tract a distance of 622.20 feet to a found iron pin at the southwest corner of the 27.4367 acre Andrew Tract, the northwest corner of the 22.967 acre Clark Tract, the northeast comer of the 3.59 acre Andrew Tract, and the eastern most southeast corner of Andrew Addition; Thence south 03 degrees 19 minutes 02 seconds west with the east line of the 3.59 acre Andrew Tract and the west line of the 22.967 acre Clark Tract a distance of 472.97 feet to a fence corner post at an angle point in the east line of the 3.59 acre Andrew Tract and the northwest corner of the called 0.942 acre tract described in the deed to Julie K. Clark recorded under clerks file number 99-R0000310 of the Real Property Records of Denton County, Texas; Thence south 03 degrees 01 minutes 21 seconds west continuing with the east line of the 3.59 acre Andrew Tract and the west line of the 0.942 acre Clark Tract a distance of 4 224.75 feet to a steel pipe at the southeast corner of the 3.59 acre Andrew Tract on the north right-of-way tine of Pockrus Page Road; Thence north 87 degrees 56 minutes 40 seconds west with the south line of the 3.59 acre Andrew Tract a distance of 218.61 feet to a fence 'corner post at the southwest corner of the 3.59 acre Andrew Tract and the southeast corner of the tract of land described in the deed to Betty John Robertson recorded in Volume 2423, Page 932 of the Real Property Records of Denton County, Texas; Thence north 01 degrees 47 minutes 13 seconds east with the west line of the 3.59 Andrew Tract and the east line of the Robertson Tract a distance of 683.38 feet to an iron pipe at the northwest corner of the 3.59 acre Andrew Tract and the northeast corner of the called 3.980 acre tract to Kenneth D. Owen recorded in Volume 763, Page 137 of the Deed Records of Denton County, Texas on a south line of Andrew Addition; Thence north 87 degrees 39 minutes 54 seconds west with a south line of Andrew Addition and the north line of the Owen Tract a distance of 363.71 feet to a found iron pin at an inner ell corner of the Andrew Addition; Thence south 03 degrees 03 minutes 00 seconds west with an east line of Andrew Addition and the west line of the Owen Tract a distance of 397.16 feet to a found iron pin; Thence south 39 degrees 11 minutes 57 seconds east with an east line of Andrew Addition and the south line of the Owen Tract a distance of 382.68 feet to a found iron pin at the southern most southeast corner of Andrew Addition and the southern most southwest corner of the Owen Tract on the north right-of-way line of Pockrus Page Road; Thence north 87 degrees 46 minutes 12 seconds west with a south tine of Andrew Addition and the north right-of-way line of Pockrus Page Road a distance of 26.57 feet to a found iron pin at the southern most southwest corner of Andrew Addition on the east right-of-way line of the old M.K.T. Railroad; Thence north 39 degrees 14 minutes 16 seconds west with a west line of Andrew Addition a distance of 412.02 feet to a found iron pin at the beginning of a curve to the right; Thence with the east right-of-way line of the old M.K.T. Railroad along said curve having a delta of 26 degrees 11 minutes 57 seconds, a radius of 2814.79 feet, an arc length of 1287.10 feet (chord of north 26 degrees 10 minutes 09 seconds west a distance of 1275.92 feet) to a found iron pin; Thence north 13 degrees O0 minutes 38 seconds west continuing with the east right-of- way line of the old M.K.T. Railroad and the west line of Andrew Addition a distance of 1221.59 feet to a found iron pin at the beginning of a curve to the left; Thence continuing with the east right-of-way line of the otd M.K.T. Railroad along said curve having a delta of 09 degrees 53 minutes 43 seconds, a radius of 1959.24 feet, an arc length of 338.37 feet (chord of north 17 degrees 58 minutes 31 seconds west a distance of 337.99 feet) to a set iron pin with a yellow plastic cap stamped "Metroptex 1849" on the south right-of-way line of Mayhill Road as described in the Street Right-of- Way Deed to the City of Denton recorded in Volume 4936, Page 1841 of the Real Property Records of Denton County, Texas at the beginning of a curve to the left; Thence with the south right-of-way line of Mayhiil Road along said curve having a delta of 01 degrees 17 minutes 13 seconds, a radius of 540.00 feet, an arc length of 12.13 feet (chord of north 66 degrees 07 minutes 51 seconds east a distance of 12.13 feet) to a set "X" in concrete at the intersection of the south right-of-way line of Mayhill Road and the west right-of-way line of Edwards Road as described in the Street Right-of-Way Deed to the City of Denton recorded in Volume 4936, Page 1841 of the Real Property Records of Denton County, Texas; Thence south 27 degrees 41 minutes 50 seconds east with the west right-of-way line of Edwards Road a distance of 147.27 feet to a set iron pin with a yellow plastic cap stamped "Metroplex 1849" at the beginning of a curve to the left; Thence continuing with the west right-of-way tine of Edwards Road along said curve having a delta of 59 degrees 01 minutes 36 seconds, a radius of 330.00 feet, an arc length of 339.97 feet (chord of south 57 degrees 12 minutes 38 seconds east a distance of 325.13 feet) to a set iron pin with a yellow plastic cap stamped "Metroplex 1849"; Thence south 86 degrees 44 minutes 08 seconds east with the south right-of-way line of Edwards Road a distance of 1797.84 feet to a found iron pin; Thence north 03 degrees 30 minutes 26 seconds east a distance of 35.49 feet to a found railroad spike in Edwards Road on the north tine of the 27.4367 acre Andrew Tract; Thence south 88 degrees 03 minutes 58 seconds east with the north line of the 27.4367 acre Andrew Tract a distance of 172.15 feet to the point of beginning and containing in all 19.51 acres of land. 6 LOCATION MAP 7 EXHIBIT "B" CITY OF DENTON DRAFT ANNEXATION PLAN A03-0003 (Flowers Baking Company) I. AREA ANNEXED THE ANNEXATION AREA IS LOCATED IN THE SOUTHEAST PORTION OF DENTON' S EXTRATERRITORIAL JURISDICTION AND CONTAINS APPROXIMATELY 19.51 ACRES GENERALLY LOCATED NORTH OF POCKRUS PAGE ROAD, SOUTH OF EDWARDS ROAD, AND EAST OF MAYI-IILL ROAD. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of servicel infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 5 minutes, which is similar to responses for surrounding properties within the city limits. The City of Denton will provide emergency medical services ("EMS"). Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date of the annexation. 8 IV. De Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks arc currently located within the proposed annexation area. Denton neighborhood park facilities are located within reasonably close distance of the proposed annexation area. Residents of thc proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. Building Inspections and Consumer Health Services Building inspections and consumer health services will he made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of thc City of Denton. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts contain Neighborhood Centers and 100 year Floodplain/Environmentally Sensitive Areas. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. UTILITY (RATEPAYER) SERVICES A. Solid Waste Collection Solid Waste Annexation Service Plan for A03-0003 (Flowers Baking Co.) The City of Denton is the exclusive residential and commercial Solid Waste service provider within Denton's city limits. The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of Denton Solid Waste Department is fully funded through the service 9 fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. To request Solid Waste collection services, please telephone the City of Denton Customer Service Department at 940-349-8210 and submit an application to initiate service. To obtain City of Denton Solid Waste schedule, service, and rate information, please telephone the Solid Waste Customer Relations office at 940- 349-8787. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Relations prior to being provided services. Commercial Refuse Services Each commercial business will be provided with a commercial container(s). Containers are available in a variety of sizes utilizing both front load and roll off service. Collection fi:equencies will be established based on the container size selected and the waste volume generated. The most economical service is obtained by requesting the largest container available for the area, with the least mount of collection services possible. All refuse placed in the container for collection must be bagged to eliminate wind blown debris mad littering. Refuse that is not placed in the container with the lid closed will not be collected. Refuse placed outside the container is subject to code enforcement regulations, including potential fines. Commercial recycling services may be available. Please contact the Solid Waste Recycling Division at 940-349-8054 to discuss the potential for the City to provide commercial recycling services and to obtain recycling rate information. The construction and service requirements provided in the Denton Development Plan apply for all new development. For specific solid waste questions concerning commercial services or construction issues, please contact the Solid Waste Department at 940-349-8069. Landfill Service The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For disposal information and rates, please contact the Landfill Office at 940-349- 7510. Water/Wastewater Facilities Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will begin upon the effective date of the annexation using existing personnel and equipment. Currently, the majority of the area to be annexed is not provided with water or wastewater service. City of Denton water and sewer lines are located along the boundaries of the annexation area. The City shall provide a level of water and l0 VI, wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Electrical Services Denton Mtmicipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. Denton Mtmicipal Electric is the current electric service provider for this site. OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. CAPITAL IMPROVEMENTS PROGRAM (CIP), No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land use, and population density. Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 V2) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics of topography, land use, and population density. VIII. I.EVEL OF SERVICES Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). PET1TIONrER HEREBY CONSENTS TO THE ABOVE SERVICE PLAN FLOWERS BAKING COMPANY OF DENTON, LLC BY; NalTle: President Date: 12 AGENDA INFORMATION SHEET AGENDA DATE: 4 May 2003 DEPARTMENT: CM/DCM/ACM: Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance abandoning and vacating all rights retained in certain real property described in that certain quit claim deed dated November 22, 1977 from the City of Denton to the First Methodist Church of Denton, Texas recorded in Volume 864, Page 932 of the Real Property Records of Denton County, Texas; and providing an effective date. BACKGROUND The current property owner, First United Methodist Church of Denton, Texas, has made application requesting the City abandon a public utility easement as part of their expansion of their current facilities. The City of Denton abandoned the street right of way in November 22, 1977 through Ordinance No. 77-57 but retained the easement rights through Quit Claim Deed With Easement Rights Retained recorded in Volume 864, Page 932. They are requesting that the remainder easement interest be abandoned. The First United Methodist Church has completed the DRC process to plat and further develop the property. The City of Denton currently has no utilities within the easement area and does not plan any utility installations in the future. OPTIONS 1. Approve the Ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff endorses the approval of the abandonment. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION None ATTACHMENTS Location Map Ordinance Respectfully submitted: Charles Fiedler, Director Engineering Department MULBERRY MULBERRY S L( ISYCAMORE E) I.O.O.F. CEMETERY I EAGLE , NORTH Scale: N.T.S LOCATION MAP By: Mark A. Laird Date: 04/22/04 EXHIBIT C ~! City of Denton Engineering Department City of Denton, Denton County, Texas S:\Our Documents\Ordinan¢¢s\04~.bandonment rights in First Methodist.doc ORDINANCE NO. AN ORDINANCE BY THE CITY OF DENTON, TEXAS ABANDONING AND VACATING ALL RIGHTS RETAINED IN CERTAIN REAL PROPERTY DESCRIBED IN THAT CERTAIN QUIT CLAIM DEED DATED NOVEMBER 22, 1977 FROM THE CITY OF DENTON TO THE FIRST METHODIST CHURCH OF DENTON, TEXAS RECORDED IN VOLUME 864 PAGE 932 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to a quit claim deed (the "Quit Claim Deed") dated November 22, 1977 recorded in Volume 864, Page 932 and as authorized by Ordinance No. 77-57 the City of Denton did abandon, vacate and quit claim unto the First United Methodist Church of Denton, Texas (the "Abutting Owner') a portion of Austin Street as more particularly described in the Quit Claim Deed (the "Property"); and WHEREAS, in the Quit Claim Deed the City retained a water line easement and public walkway easement in the Property (the "Easements"); and WHEREAS, the Abutting Owner has now requested that the City abandon and quitclaim all of its remaining fight, title and interest in and to the Property including the Easements; and WHEREAS, the City of Denton Engineering Department has reviewed the Property and the Easements and determined that the Easements are no longer needed; and WHEREAS, the City Council hereby finds that is in the public interest to abandon all right, title and interest of the City in and to the Property and Easements to the Abutting Owner; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. The City hereby abandons and quitclaims unto the Abutting Owner all of the City's right, title and interest in and to the Property and Easements. A certified copy of this ordinance may be recorded in the Real Property Records of Denton County, Texas to evidence this abandonment and quitclaim. At the request of the Abutting Owner the City Manager, or his designee is authorized to execute a quit claim deed to the Abutting Owner. SECTION2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __day of ,2004 EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: P~e2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: May 4, 2004 Tax Kathy DuBose SUBJECT Consider approval of tax refunds for the following property taxes: Tax Name Reason Year Amount B. Countrywide Tax Services Duplicate Payment 2003 858.29 ~th ~ Si~c ~in~ ~uP!i~at ~ ~nt ~0~ i0~ D: FirstAmeficanRETaxSe~ice Duplicate Payment 2003 766.77 E S w itl ~ Pleat ~nt ~0 6 ~ i F. Wells Fargo Duplicate Payment 2003 742.40 ~ ~ar g up!~ ~ ~0~ ~ BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $ 5306.06 Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: May 4, 2004 W/WW Utility Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City Council of the City of DeNon, Texas approving a further amendment to the contract for Water Treatment and Transmission Services - dated July 21, 1992, which comract was executed by and between the City of DeNon, Texas and the Upper Trinity Regional Water District respecting the sale of water on a wholesale basis to Sanger, Texas; which amended contract pertains to the sale of water on a wholesale basis from the City of Demon, Texas to the Upper Trinity Regional Water District for an imerim period of time for the resale and delivery thereof to the City of Krum, Texas and for the participation of the city of DeNon, Texas in the Krum transmission line to be constructed by Upper Trinity Regional Water District; authorizing the City Manager to execute said amendment to contract for water treatment and transmission services; authorizing the execution by the City Manager of any and all ancillary and further documents necessary to effect the terms of this ordinance; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND On October 10, 2003, the City of Denton Water Utilities staff received a request (Exhibit I) from the Upper Trinity Regional Water District (UTRWD) requesting water service from Denton to serve the City of Krum. This request was based upon earlier conversations between UTRWD and Denton Water Utilities (DWU) staff and was patterned after similar agreements between the two parties that enabled the UTRWD to provide water service for the City of Sanger that were negotiated and approved on February 4, 1997 (Exhibit II). Initially, the UTRWD staff suggested that the existing agreements would enable the City of Denton to provide water service to Krum as well as address the City' s desire to participate in the Krum water supply pipeline. However, DWU staff recommended that an Addendum to the initial Contract for Water Treatment and Transmission Services, dated July 21, 1992 would be needed to better define the City of Denton's specific terms and conditions related to supplying water service to Krum and joint ownership of the Krum water transmission pipeline. Key areas of concerns initially raised by DWU staff were as follows: 1. DWU did not have funds identified in the existing 5-year Capital Improvements Plan (CIP) for funding their share of the joint transmission pipeline to serve Krum. The UTRWD/DWU contracts for water supply for the City of Sanger predated the City of Denton' s adoption of impact fees. All subsequent wholesale contracts that Denton entered into after impact fees were adopted (Wastewater Service for the City of Argyle and the City of Krum) included provisions for payment of impact fees. The City of Krum had previously annexed tracts of land that were located in Denton's Extra Territorial Jurisdiction (ET J) and retail water and wastewater service area as defined by its Certificate of Convenience and Necessity (CCN) without proper notification and consent from the City Denton. The UTRWD staff suggested that the first concern, (no existing funding in DWU's 5-year CIP), could be addressed by offering a financing mechanism for Denton using purchased water sales revenue from the UTRWD for serving Krum. Although this approach is available to Denton in the negotiated terms of the proposed agreement, Denton has the option to finance their share of the transmission pipeline if they prefer. This would require an adjustment to the DWU 5-year CIP that could be considered in the FY 2005 budget approval process. The second issue, (impact fees), was addressed by insuring that the City of Denton was not under any long term water supply commitment to the UTRWD to provide water service for the City of Krum. The contract term was limited to the time period the City of Denton projected it had excess water supply and treatment capacity available, (nine years or prior to the summer of 2013), and the City of Denton reserved the right to renegotiate the contract terms if water service was requested beyond the initial contract term of nine years. DWU staff felt that impact fees would be appropriate to include in a contract for a long- term wholesale customer but would not be appropriate for a short-term wholesale customer. Additionally, all water sales to the UTRWD under this proposed agreement were under a full cost of service wholesale rate, identical to the rate charged by Denton to the UTRWD for the Sanger contract. The third issue, (Krum's potential to continue to expand its City Limits and retail water and wastewater service area into Denton's ETJ and CCN), was addressed by several important terms and conditions that were included in the proposed contract addendum. Although the Cities mutually agreed to an existing and future city limit boundary for Krum (Exhibit 111), it did not address water and wastewater CCN issues. Under current state laws governing retail water and wastewater service, a municipality is not required to have a CCN and is allowed to provide retail water and/or wastewater service within its city limits provided it does not lie within and existing CCN held by another retail entity. In this case, the eastern and southern boundaries of the City of Krum lie in a dually certified water CCN area held by both the City of Denton and Bolivar Water Supply Corporation (BWSC) and a singly certified wastewater CCN held by the City of Denton. The western and northern boundaries of Krum lie in a singly certified water service area of BWSC. (See Exhibit IV). Under this proposed agreement, the UTRWD needs to obtain written permission from the City of Denton if it authorizes the City of Krum (as specified in the terms of the UTRWD agreement with the City of Krum) to provide any potential water sales outside of its service area. Additionally, the City of Denton is not under any future service obligation under this agreement if the UTRWD fails to obtain written permission from Denton for requests for water service outside of it's service area from Krum. Furthermore, the City of Denton has annual approval fights for additional water supply increases requested from the UTRWD for supply to Krum. Additional protection for Denton's existing water CCN is provided by the City of Denton's joint participation in the Krum water supply transmission pipeline project. In summary, the proposed contract amendment (Exhibit V) provides the following benefits for the City of Denton: 1. Denton provides water service for Krum on an interim basis only and is not committed to plan for the long-term water supply needs for this city. This responsibility will lie with the UTRWD. 2. Denton can establish a retail water service presence in a dually certified water CCN service area that is singly certified for wastewater service and lies within Denton's ETJ and planned future city limits. Denton has a funding option for joint participation in the Krum water supply transmission pipeline that will use short-term excess water supply and treatment capacity with full cost of service wholesale water rates as the funding source. Denton has assurances that its existing water supply and treatment resources will not be used to provide water service by other entities within their existing water CCN without receiving Denton's permission to do so. OPTIONS 1. Approve the contract amendment with the UTRWD for water supply for Krum as negotiated by staff. 2. Recommend contract changes necessary for the City Council's approval. 3. Reject the contract amendment as proposed and provide staff with direction. RECOMMENDATIONS Staff recommends approval of the contract amendment as submitted. Staff is satisfied with the terms and conditions negotiated in the contract amendment and requesting additional terms and conditions would negatively impact the current project schedule. ESTIMATED SCHEDULE OF PROJECT May 2004 to July 2004. PRIOR ACTION REVIEW (COUNCIL, BOARDS, COMM.) The UTRWD Board of Directors approved the contract amendment at their March 4, 2004 meeting. The Public Utilities Board unanimously approved (6-0) the contract amendment at their March 22, 2004 meeting. FISCAL INFORMATION The engineer's preliminary construction estimate for the 16" joint transmission pipeline (Exhibit VI) is $1,059,000. Engineering and fight of way expenses are estimated to be an additional $300,000. UTRWD overhead and management costs will be limited to 6% of the total project cost. The joint transmission pipeline has a capacity of 4.0 MGD and the respective capacity and project costs will be shared equally between the City of Denton and the UTRWD. Denton's estimated total project cost is approximately $ 800,000. Funding for the project will either be through financing offered by the UTRWD with payments made via water sales to the UTRWD for service to Krum or the use of an amended FY 2005 CIP from Water Distribution. EXHIBITS 1. October 10, 2003 Water Service Request from UTRWD. 2. February 4, 1997 Contract Addendums between Denton and UTRWD for water service to Sanger. 3. City of Denton Ordinance No. 2001-318, Boundary Adjustment Agreement Between The City of Krum and the City of Denton. 4. CCN Boundary Map near Krum. 5. Proposed Denton/UTRWD Addendum to Contract for Water Treatment and Transmission Services. 6. Proposed Denton/UTRWD joint water transmission pipeline location map. 7. Ordinance 8. PUB Meeting Minutes of March 22, 2004 Respectfully submitted: Prepared by: Howard Martin Assistant City Manager, Utilities Tim Fisher, P.E., Assistant Director of Water Utilities A RO. Drawer 305 · Lewisville, TX 75067 REGIONAL WATER DISTRICT (972) 219-1228 · Fax: (972) 221-9896 October 10, 2003 Mr. Tim Fisher, P.E. Assistant Director of Water Utilities City of Denton 901A Texas Street Denton, TX 76201 Re: Water Service to Krum Dear Mr. Fisher: Thank you for assisting the District in finalizing our reuse application with TCEQ. After the City of Lewisville signs the document, we anticipate immediately filing it with the Commission. Denton and the District have been partners in several projects since the District's creation, and we appreciate Denton's spirit of cooperation in each of them. As you know, the District recently approved a Contract with the City of Krum for participation in the Regional Treated Water System. Krum has subscribed to 400,000 gaflons per day and has requested to have service available by next summer to meet its peak daily demand. Since the District and Denton have an existing contract for water treatment and transmission services and the District doesn't yet have permanent facilities to serve Krum, we request an additional connection under the existing contract to enable this service to Krum. Service to Krum through Denton's system will be interim until the District is able to provide permanent service. Further, we invite Denton, if you desire, to have joint capacity in the pipeline in a similar manner as we did for the earlier line to Sanger. We have reviewed the plans you sent regarding Denton's existing facilities in the area of Interstate 35 and Loop 288, and have determined the best location for a possible connection with Denton's system to serve Krum is near Denton's new elevated storage tank. There is an opportunity for Denton to participate in the construction of the pipeline along FM 1173 to serve future Denton customers. The District has already selected the design engineer and will soon be acquiring the necessary rights-of-way. The existing contract between Denton and the District should allow for the joint participation in a pipeline as well as the service to Krum. If you desire, the District would be pleased to fund the entire initial cost, and Denton could make periodic debt service payments to the District. Due to the time schedule of this project, we need to meet soon to go over Denton's possible participation, any contractual issues and the coordination of rights-of-way. Larry Patterson and I will be available to meet with you any time during the morning of October 16~, otherwise, we need to plan on meeting the week of October 20% Tim ~'~sf~er Ce Water Serv~c.e te Krcrn 100903.doc 5 EXHIBIT 1 Upper Trinity Regional Water District Letter to Tim Fisher. P.E. Water Service to Krum October 10, 2003 Page 2 Thank you for your assistance in this matter. If you have any questions or need information, please contact me or Larry Patterson, Chief Engineer, at 972-219-1228. Sincerely, Thomas W. Snyder Assistant Director/Engineering & Construction TWS/LN P/jkh C: Jan Farris, Mayor, City of Krum Alice Carr, Board Representative, City of Krum Howard Martin, Asst. City Manager, City of Denton Thomas E. Taylor, Executive Director, UTRWD Larry N. Patterson, Chief Engineer, UTRWD Jason Pierce, Manager of Contract Services, UTRWD additional \~.Srvl ~Eng_ConstC. J HJlt(>n Doc-s\e PaffersonL\Ltr to Tim F is~,er re Water Service to Kr~m 100903 doc 6 ADDENDUM TO CONTRACT BETWEEN CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND TRANSMISSION sERVICES THE STATE OF TEXAS § COUNI:Y OF DENTON § This Addendum (the "Addendum') to an existing contract styled as CONTRACT FOR WATER TREATMENT AND TRANSMISSION SERVICES, dated July 21, 1992, (the "Contract") by and between UPPER TRINtTY REGIONAL WATER DISTRICT, (the "District'), a conservation and reclamation distdct created, pursuant to Article XVI, Section 59 of the Constitution of the State of Texas, and the CITY OF DENTON ("Denton'), a municipal corporation, is made and approved as of the "~//'~ ~ day of ~, 19~1~ (the 'Date of Addendum-"). WITN ESS ETH: WHERF_.AS, Denton and Distdct entered into the July 21, 1992 Contrac~ for Water Treatment and Transmission Services to provide for sale of'treated water' by Denton to District and. for transmission and deliVery by Denton of [imited amount of Distdct treated Water from specified points to certain customers of District, including City of Sanger ("Sanger");' and WHEREAS, said Contract provides 'in Section 6.4 thereof that: - "To provide such service to Sanger, District shall have the option to purchase treated water from Denton at its posted price for wholesale treated water, if such rate exists, or at Denton's-rate for large industrial customers, or to request Denton to transport District's water according to the provisions of this Agreement.'; and EXHIBIT 2 7 ADDENDUMTO CONTRACT BETWEEN CITY OF DENTON AND UTRW~ FOR WATER TRF-.ATIV~NT AND TRANSI~I.~.~ION SERVtCE$ PAGE 2 WHEREAS,' in lieu of Denton transporting Distdct Water for delivery to Sanger, Distdct desires to purchase water on a Wholesale basis from Denton for resale and delivery to Sanger, and Denton agrees to develop a wholesale rate for treated water; and WHEREAS, said Contract provides for transmission of Distdct water by Denton not only to Sanger but also to City of Codnth ("Corinth") and to Lake cities Municipal Utility Authority ("LCMUA') for District; and WHEREAS, in general, Denton and Distdct agree that direct delivery by District of its own water is to be preferred oVer any such transmission of Distdct water by Denton; and WHEREAS, Denton and Distdct agree to cooPerate on an altemative strat'egy that will enable District to deliver its treated water directly to Corinth and LCMUA without transmission by Denton through its water system. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein. contained, the parties agree to supplement the Contract with this Addendum as hereinafter set forth, to-wit: AGREEMENT Section 1.0. Preamble Incorporated That the matters stated in the preamble hereof are true 'and correct and are.incorP°rated into the body of this Addendum as if copied in their enti~:ety. Section 1.1. Scope of Addendum That the provisions of the Contract shall remain in full force and effect as supplemented by this Addendum. Further, Denton and District agree to add the provisions herein to provide for continued purchase of treated water by District from Denton on a whotesale basis and to facilitate the provision of direct treated water service by District to Codnth and LCMUA. 8 ADDENDUM TO CONTRACT 8E-I"W'EEN CITY OF DENTON AND UTRWD FOR WATER TREATIv~NT AND TRAN$IYiSSlON SERV1CE$ PAGE :3 Section 'l,2. Exercise of Option to Purchase Treated Water As provided in Section 6.4 of the Contract, District does hereby elect to exercise its ' ...option to purchase treated water from Denton at its posted price for wholesale treated water..." for resale to Sanger. Further, Denton agrees to make available such treated water for delivery and sale to District at the agreed delivery point (specified in separat~ contract) for the Sanger Transmission Line. Denton will make reasonable capacity available and will deliver water to said delivery point at Denton's operating pressure normally maintained for that sector of its transmission and distribution system. Section i,3. Quantity-to be Delivered For the first Water Year of operation during which water is delivered under the contract to the designated delivery point for the Sanger Transmission Line, the initial amount of treated water to be delivered by Denton Shall not exceed one-half million gaII0ns per day (0.50 mgd). After the first Water Year of operations, District may request increased quantity uP.to a maximum of one and one-quarter (1.25) m.g~to be 'delivered by'Denton. District shall giv'i~' written notice to Denton at least one hundred twenty (120) days prior to the beginning of a Water' Year concerning the Peak Daily Volume of treated water being requested. Denton may, at [ts sole discretion, waive the written notice requirement upon written request of District. if the requested Peak Daily Volume exceeds one-half million gallons per day (0.50 mgd), Denton shalt determine if such additional water and such capacity to deliver the water are available. If, for the upcoming water'Year, Denton determines there is sufficient additional capacity and sufficient additional water to provide the District with the requested Peak Daily volume, Denton may, under terms of this Addendum and the Contract, provide such additional volume (or any portion thereof) for that Water Year. Section 1.4. Rates for Wholesale. TreatedWater Service The posted rates for wholesale treated water service provided under this Addendum -may be expressed as a volume charge per thousand gallons plus a facility charge and an annual demand charge per unit of peak day usage, or'may be expressed as a total un~ price per thousand gallons of water delivered and metered for each Fiscal Year. The posted rates for. wholesale treated water service shall include the cost of raw water, the :cost. of treatment, operation and maintenance 9 ADDENDUM TO CONTRACT BETWEEN CITy OF DENTON AND UTRWD FOR WATER TREA'T~NT AN[:) TRANSIVI.S$[ON SERVICES PAGE 4 expenses of the Transmission System, pumping and energy costs, depreciation expense, and a return on Denton's applicable rate base. The rate base shall be Denton's actual net investment in that portion of its water system reasonably allocated to wholesale service, which net investment shall be equal to odginal cost less depreciation reserve. The authorized retum shat[ be equal to the weighted average interest rate on all outstanding debt for Denton's Water Utility System plus one and one-half percent (1.5%). A street rental fee equal to four percent (4%) of total operation and maintenance cost may be included in operation and maintenance expenses. Depreciation expense wilt be based upon the odginal cost of ail capital facilities, both invested and contributed capital, which facilities are ~xpected to be replaced by Denton at a future date in order to maintain service. Pipelines and other facilities paid for by the. District, Corinth,. LCMUA or others shall not be included in Denton's investment cost for calculating a return but may be included when calculating operating and maintenance expense. Costs to transport.water shall be calculated on a system-wide basis, excluding distribution facilities, and shall be limited to the Transmission System which shall not include the cost of transporting water through lines smaller than twelve (12) inches in diameter.. The test year for establishing the rate for wholesale treated water service shall be the projected year for which the rate is proposed to be applicable. Test year data shall be ob.~a..ined from actual data of the second year pdor to the test year with adjustments made for known .o.,.~..vedfiab~e changes. Seoflon 1.5. Notice/Opportunityto Comment Denton shall give timely notice to Distdct with .opportunity to comment on Denton's cost analysis, in each year that it proposes to revise rates for service provided herein. Such notice and such opportunity, to comment omthe cost analysis p~'ov[ded shall conform to the provisions of Section 7.4 and 7.5 of the contract. Section 1.6. Transmission:Lineto, LCMUAJCorinth District desires to,construct a transmission pipeline toallow Distdct to deliver treated water directly to LCMUA and Corinth:without.relying on Denton to-transport...District water through Denton's Transmission System. A..certain transmission-line being..used .by Denton to deliver treated.water to LCMUA and Corinth was paid for by.the users, was dedicated to Denton,. and is.now the property of Denton. Denton agrees to convey to Distdct~said pipetine facilities and ~related appurtenances. 10 ADDENDUMTO CONTRACT BE'TV~EN CITY OF DENTON AND UTRWD FOR WATER TREA'rfc~.NT AND 'TRANSf¢I $$1ON SERVICES PAGE 5 The property to be conveyed shall be that portion of the tran. smission line and related facifities shown on Exhibit C, which Exhibit is attached hereto and incorporated herein for all purposes. As consideration, Distdct agrees to grant to Denton an increased interest in the Joint Transmission Line pursuant to the May 6, 1993 Joint Ownership and Operations Contract (as supplemented). As additional consideration for the facilities being conveyed, District agrees to relieve Denton of its obligation to prOvide long-term Transmission Service for District water to LCMUA and Corinth. Denton and District agree to coordinate and cooperate on necessary pipeline improvements by Distdct to enable the Distdct to use said pipeline being conveyed for direct delivery of DiStdct treated water to-LCMUA and Corinth. The effective date for transfer of ownership of said pipeline from Denton to Distdct 'shall be'the day that Distdct first uses'the pipeline to deliver its water t° LCMUA or Codnth. Said date shall be confirmed by Distdct to Denton by wdtten notice. Section 1.7. Emergency Connection In conjunction with the conveyance of the LCMUA/Cofinth pipeline as providsd in Section 1.6 hereofl District' sh~lCpay for and" arrange for imprOvements approved by'Denton to-enable an Emergency Connection "at the approximate' 'location 'shown On' Exhibit C. The .Emergency Connection Shall be established by and maintained for the mutual benefit of Denton and District for the Primary Term of the Contract. The Emergency Connection normally shall be closed. In the event of a water system condition which generally would be regarded as an emergency in the water utility industry, and upon the request of either party, the parties may mutually agree to open the emergency connection. · Examples of a sYStem condition to be. conSidered an emergency shall include (without - limiting the scope of such conditions): · A disruption in whole, or in part, of either party's water supply, · An electrical outage, which adversely affects water service, · Contamination of either party's water supply, or · Failure of a major system component such as a pipeline or pump. Failure to plan for an adequate water supply does not constitute an emergency. During the time of such emergency, the requesting party will expedite efforts to overcome the emergency; and, the other party will supply water to the extent reasonably available and prudent under the circumstance. 11 ADDENDUM TO CONTRACT B~EN CITY OF DENTON AND UTRWI) FOR, WATER TREATMENT AND TRANSI~SS1ON SERV1CES PAGE 6 With approval of the supplying party, the benefitting party will be responsible for any necessary improvements, arrangements or facilities to deliver and receive the water. The party supplying the water under emergency conditions provided for in this Section shall be compensated for the water delivered. If the volume of water delivered dudng the emergency conditions 'is not determined by meter, the parties shall use the best information readily available to develop an estimate of such volume. The benefitting party shall compensate'the supplying party as mutually agreeable. Section 1*.8.' Sale of Treated Water The Contract pro,ides for Denton t.o sell treated water to District for resale to certain parties during the Initial Pedod of the Contract (through Water Year 1998)..Other provisions of the Contract notwithstanding. Denton agrees that District may reduce or discontinue purchase of treated water from Denton dudng the Initial Period. If such reduction or discontinuance is related to the District's own water treatment plant and deiivery facilities becoming operational, there shall be noimposition of the Minimum Water Volume provisions of Section 3.3; provided that the total· revenue received by Denton from District for purchase of both treated, water and untreated raw water.shat!.be equat to or greater than.the revenue (not including Variable Costs) that Denton would otherwise have received if District. had continued purchasing only,treated water through the 199.7 Water Year pursuant to the Contract. Section 1.9, Term of Addendum ·. This.Addendum.sha!f. be effective on and from the Date of Addendum. ,The Addendum shall continue for the Primary Term of the Contract and for any renewals thereof. 12 ADDENOUMTO CONTRACT BETWEEN CITY OF DENTON AND UTRWD FOR WATER TREA'[3V~NT AND TRANSIVIS$1ON SERV1CE$ PAGE ? IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Addendum to be duly executed in several counterparts, each of which shall constitute an original, ail as of the day and year first a. bove written, which is the Date of Addendum. UPPER TRINITY REGIONAL WATER DISTRICT Richard Huckaby President, Board of Directors ATTEST: APPROVED AS TO FORM AND~..~LITY:- John F. Boyle, Jr., ~._.~unsel~or the Distdct ATTEST: ~/~ nife r Wa/~ers, City SeCretary APPROVED AS TO LEGAL FORM: city A om4y [D~sfllct ~e~ CITY OF DENTON, TEXAS Ted Benavides, City Manager C:~..D ENTO N~-_~ONTRAC'FC~D-VCF&T.103 13 EXHIBITS A and B Exhibit~ A and B as contained in tt~e original Contract remain valid and in effect. Said 'Exhibits are modified or supplemented only to the extent prov'~$1ed in this Addendum. 14 ,g/~ c iFIC- ADDENDUM TO JOINT OWNERSHIP AND OPERATIONS CONTRACT BETWEEN CITY OF DENTON AND . UPPER TRINITY REGIONAL WATER DISTRICT REGARDING PARTICIPATION IN SANGER TRANSMISSION LINE THE STATE OF TEXAS § COUNTY OF DENTON § This Addendum (the "Addendum") to an existing contract steed as JOlly, l- OWNERSHIP AND OPERATIONS CONTRACT, dated May 6, 1993, (the "Contract") by and between UPPER TRINITY REGIONAL WATER DISTRICT, (the "District"), a conservation and reclamation district created pursuant to Article XVI, Section 59 of the 'Constitution of the State of Texas, and the CITY OF D.~NTON ("Denton'}, a municipal corporation, is made and approved as of the "z-/'-/¢ ~ day of ~.4,~-~-/]/'.:! , 19~ (the "Date of Addendum"). / -- WITNESSETH,' WHEREAS, Denton and District entered into the May 6, 1993 Joint Ownership and Operations Contract (the "Contract') to jointly develop and operate a water transmission line (the 'Joint Transmission Line") from the vicinity of Lillian Miller Parkway and Interstate 35E, and extending generally along Lil[ian Miller Parkway to the vicinity of Old Alton Road near.the south city limits of Denton; and WHEREAS, construction of the Joint Transmission Line has been completed and the [ine is operating satisfactorily; and 16 Addendum tn Cnnt~act Between City of Dentnn and UTRWD Reg&rd~ng Sanger Transmission Line Pagg 2 WHEREAS, the District is planning to construct another transmission Iine (the "Sanger Transmission Line') that will connect to the north portion' of the Denton water distribution system in the vicinity of Loop 288 and Interstate Highway 35, extending generally along IH35 to the City of Sanger; and WHEREAS, the Sanger Transmission Line and its connection to the Denton system are authorized under a certain contract for Water Treatment and Transmission Services dated July 21, 1992 between Denton and District; and, according to said contract, 'Denton may participate, at its option, in the capital and operating cost of said pipeline based upon its proportionate share of the overall transmission capacity of the line, up to the limit of Denton's extraterritorial jurisdiction.' WHEREAS, in Said July 21, 1992 contract, Denton agreed to provide transmission service for District water through the Denton water system to the Sanger Transmission Line and to other delivery points on Denton's water system; and WHEREAS, Denton desires to participate in the capacity and proportionate cost of the Sanger Transmission Line to be constructed by the District; and WHEREAS, Denton and District desire to enable such participation in the Sanger Transmission Line by this Addendum to the Contract; and WHEREAS, Denton has agreed by separate contract to convey to Distdct certain pipeline facilities associated with water service to City of Codnth and Lake Cities Municipal Utility Authority, and Denton and Distdct desire to increase Denton's share of the Joint Transmission Line in Lillian Miller Parkway as consideration for said property being conveyed; and WHEREAS, Denton and District desire to implement such other contract provisions as will enable joint participation in the SangerTransmission Line and to provide for the District to purchase treated water from Denton for resale to Sanger. 17 Addendum to Confl'act BetWeen City of De~ton and UTRWD Regzrdi,g $&ngc'~r Transrni,sion Line P~ge ~ NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the District agrees to use its best efforts to design, construct and complete the Sanger Transmission Line upon and subject to the terms of the Contract and this Addendum as hereinafter set forth, to-wit: AGREEMENT Section 1.0. Prea..mble Incorporated That the matters stated in the preamble hereof are true and correct and are incorporated into the body of this Addendum as if copied in their entirety. Section 1.1. Sc.o. pe of Addendum The provisions of the Contract shall remain in full force and effect as supplemented by this Addendum. Further, Denton and District agree to add the provisions of this Addendum to provide for joint participation by 'Denton and District in the Sanger Transmission Line and to increase Denton's share of the Joint Transmission Line as reflected in Exhibit A (Revised) attached hereto and incorporated herein for all purposes. Section 1.2. Participation in Regional Treated Water Pro_iect District and Denton agree that Denton's participation in the Sanger Transmission Line will increase Denton's participation in the Recjional Treated Water Project as specified in the Contract only as provided herein. - a) Denton's participation in the Regional Treated Water Project will increase by the defined limits of its participation in the Sanger Transmission Line, and b) Denton will gain a greater share of the Regional Treated Water Project by the agreement herein to increase Denton's share of the Joint Transmission Line. Section 1.3. Participation in ,.Sanqer Transmission Line Denton will participate on a pro rata basis in the Sanger Transmission Line in accordance with the limits, size and capacities specified in Exhibit C and with cost particip.ation as specified in Exhibit D, hereto, which Exhibits are incorporated into this Addendum and the Contract for ali purposes. The Sanger Transmission Line shall be designed and constructed by the District. 18 Addendum to Co~tract Betwee~t City of Denton end UTRWD Regarding S. ng~,r Transmission P~ge4 Section 1.4. Extent of Participation Distdct agrees to provide for the Sanger Transmission Line between the points and along the general route and for the capacities delineated in Exhibit C. Denton may transport water for its own use through the Sanger Transmission Line up to the peak day capacities provided for in Exhibit C. Section 1.6. ,Special Provisions Denton and Distdct acknowledge and agree to the special provisions related to the Sanger Transmission Line which are set forth in the attached Exhibit D, which Exhibit is incorporated into this Addendum and the Contract for alt purposes. Section 1.6. Sale of Water As provided in the July 21, 1992 contract between Denton and District, Denton reaffirms its agreement to sell wholesale treated water to Distdct for delivery and resale to Sanger. Such sale of water by Denton shall be On a wholesale basis in accordance with said July 21, 1992 Contract, as amended or supplemented. Section 1.7 Earlv Payment Denton may prepay or pay the remaining balance of its share of capital cost participation in the Sange¢ Transmission Line or the Joint Transmission Line at any time. The amount of such early payment will be equal to the unpaid balance including any deferred amounts. Section 1.8. Term 'of Addendum This Addendum shall be effective on and from the Date of Addendum. shall be the same as the term of the Contract and any renewals thereof. The term thereof 19 Addendum to Contract Be~n City of' I:~nton and UTRW~ Regarding ~anger Transa~tsslon t.lne Page 5 IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Addendum to be duly executed in several counterparts, each of which shall constitute an original, ail as of the day and year first above written, which is the Date of Addendum. T: UPPER TRINITY Richard Huckaby President, Board of Directors [~is~ct Seal] ~John F. B~y~e, Jr., C 'ounsel f~r t~ r Walt-~s, city Secretary ': Ted Benavides, City Manager APPROVED AS TO LEGAL FORM: Herb ~rout-y, city Attorney / 2O Addendum to ~ontract Between City of Denton and UTRWI~ Regarding Sanger Transzn ission Line Page 6 EXHIBIT B Exhibit B as contained in the original Contract shall remain valid and in effect. Said Exhibit is modified or supplemented only to the extent provided in this Addendum. 21 NOT 'fO SCALE GENERALLY ALONG ULLIAN MILLER PKWY/ FM 2181 FROM INTERSTATE HIGHWAY 55E TO OLD ALTON PIP~: ~JZES;. 27" DiA. FROM IH 35E TO FM 2181 20" DIA, FROM FM 2181 TO RYAN ROAD 18" DIA. FROM RYAN ROAD TO OLD ALTON CALCULATED CAPACITY OF 27" DIA.. TOTAL -- 14.3 MGO DENTON SHARE = ?2,7% (10.4 MGD) UTRWO SHARE = 27.5% (3.9 MGD) CALCULATEO CAPACITY OF 20"..DIA. PIPE;, TOTAL = 6.5 MGD DENTON SHARE = ,39,9% (2.6 MGD) UTRWD SHARE = 60.1% (5.9 MGD) C~ALCULATEO CAPACITY OF !8" DIA. PIPE: TOTAL = 4.9 MGD OENTON SHARE -- 0% (0.0 MGD) UTRWO SHARE = 100% (4.9 ~GD) PIPELINE LENGTHS: APPROXIMATELY 5,600 LF OF 27" DIA. APPROXIMATELY 5,400 LF OF 20" DIA. APPROXIMATELY 6,500 LF OF 18" DIA. 27" DIA. O = 14.5 MGD TE^SLL:"Y 20" DIA. O --- 6.5 MGD 18" DIA. O = 4-.9 MGD I-~c~o~Y CREEK / DELI .-' POINT .c/. -"- EXHIBIT "A REVISED" JOINT TRANSMISS!ON LiNE UPPER TRINITY REGIONAL WATER DISTRICT REGIONAL TREATED WATER PROJECT PHASE lA PIPELINES EXHIBIT B Exhibit B as contained in the original Contract shall remain valid and in effect. Said Exhibit is modified or supplemented only to the extent provided in this Addendum. a:~dd-psti,exb 23 0 5000 SCALE NORTH FROM LOOP 268 ON THE EAST SIDE OF INTERSTATE HWY .,55 TO JUST SOUTH OF RECTOR ROAD. EAST ON THE SOUTH SIDE OF RECTOR ROAD, THEN NORTH ALONG THE EAST SIDE OF CO~A_ING ROAD NORTH TO THE SANGER DELIVERY POINT. 16' DiA. FROI~ CONNECTION POINT TO DEUVERY POINT. 12" DIA. FROM t,~IL/d~ ROAD TO SANGER 0EUVERY. gALC-X.,I LATED CAPAClTVLOF INITIAL TOTAL. = 5.25 MCI3 DENTON SHARE ,= 59~ (1.92 MGO) UTRWO SHARE = 4'J~. (1.33 MOO) pIPELINE LENGTH: APPX. 17,000 LF OF 16" DIA. PIPE APPX. 18,500 LC' OF 12' DIA. PIPE NQTE: THIS EXHIBIT ILLUSTRATES THE APPROXIMATE ROUTE OF THE PROPOSED PIPELINE. ALONG THE GENERAL ROUTE SHOWN, ACTUAL LO{;ATIO¢~ (IF THE PIPEUNE MAY VARY FOR ENGINEERING OR OTHER TECHNICAL REASONS. IF ACTUAL PIPELINE SIZES OR LENGTHS VARY. BY MUTUAL AGREEMENT. THE SHARE PERCENTAGES SHALL REMAIN THE SAME- EXtlIBIT C PIPELINE LIMITS AND CAPACITIES SANGER TRANSMISSION LINE FM~55 ~ SANGER SANGER DEUVERY POINT ' il2" DIA. PIPE GANZER ROAD] )AD VE~,Y POINT METER) 3163 16" DiA. PIP LOOP 288 DENTON CONNECTION POINT INITIAL Q = ,3.25 MGD 24 EXHIBIT D TO CONTRACT BETWEEN CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR PARTICIPATION IN THE SANGER TRANSMISSION LINE SPECIAl_ PROVISIONS REGARDING PARTICIPATION The provisions of this "Exhibit D" form a part of the Contract and are applicable to the Upper Trinity Regionat Water Distdct (the "District") and to the City of Denton ("Denton") as if set forth in their entirety in the body of the Contract. 1. The Distdct will construct the Sanger Transmission Line as a part of the Project as defined in the Contract. The Distdct will own the Sanger Transmission Line, including the right-of-way, except as otherwise provided herein for Denton's share of the line. The Distdct will coordinate routing, design and right-of-way acquisition with Denton. Within the City Limits of Denton, the District's improvements shaII not unduly conflict with any Denton master plan for land development. Distdct and Denton agree to coordinate future joint use of said rights-of-way within Denton for underground utilities. District and Denton agree to coordinate arrangements for paral[el or adjoining easements and other rights-of-way, including reciprocal use of such easements and rights-of-way 'for temporary use dudng construction, routine operational maintenance and for other mutuaIly benefidal purposes. , 2, It is mutually agreed that, within its share of the easement or right-of-way for the Sanger Transmission Line, Denton shall have the right to install and maintain other water lines, as well as sewer, underground etectdc and telecommunication facilities owned by Denton. 3. The Distdct will provide the funds to design the Sanger Transmission Line, including acquisition of rights-of-way. The size of the line and capacities in the line for Denton and District, respectively, sha1I conform to the requirements of Exhibit C, hereto. 4. After design of the Sanger Transmission Line has been completed and after approval by Denton, the Distdct shall take competitive bids for construction. ~Affer receipt of bids and before a contract (or contracts) for construction is awarded, the Distdct shall give Denton 25 Exhibit D Addet~dum to Contract Between C~ of Der~ton and UTRWD Regarding Sanger Transmission Line written notice of the District's recommendation regarding award of contract(s) and of Denton's share of the proposed contract to be awarded. Uniess Denton elects the financing.option described in Paragraph 5 following, Denton shalt deposit with the District, within forty-five (45) days, its pro rata share of the proposed construction cost for the Sanger Transmission Line plus the cost of special appurtenances, if any, requested by and for Denton. The funds so deposited by Denton for construction shall be placed in an interest beadng construction account by District. The District may w!thdraw funds from the construction account as required to make progress and final payment according to the construction contract awarded for the 8anger Transmission Line. The District shall maintain an acceunting of all direct expenditures for rights of way and for design and construction of the Sanger Transmission Line, including engineering and ge0technical services dudng construction. Upon completion of construction, Denton agrees to pay its share, if any, of contract change orders, direct services during construction, or extra costs required to complete the Sanger Transmission Line. After payment for change orders, services during construction or extra costs, any surplus funds remaining in the interest bearing account shall be returned to Denton at completion of the contract(s). 5. At Denton's option, District will provide funds to construct Denton's share of the Sanger Transmission Line according to this paragraph. Subject to the terms of the Contract and this Addendum, District will provide and pay for the cost of the acquisition, design, construction and improvement of the Sanger Transmission Line, by issuing its Bonds in ~nmounts which wilt be sufficient to accomplish such purposes. Denton will make payments as required to pay its pro rat,~"share of the Annual Requirement, as provided in Section 5.01 of the .Contract'and this Addendum. To determine Denton's share of the Annual Requirement for the Sanger Transmission Line, Distr{ct wilt calculate the Capita1 Component of cost for Denton's share described in'Paragraph 4 hereof based on actual costs of completion and the following schedule: Year '1: Capital Component of Cost will be based on the incremental cost (minimum amount for total incremental cost equals $280,000) to oversize the pipeline from twelve (12) inch diameter to sixteen (16) inch diameter for the interval indicated in.Exhibit C. Years 2 through 9:. Capital Component of Cost w[[[ be based on a graduated scale in even increments to transition to a full pro rata cost participation in the tenth (10th) year. 26 Exhlbtt O Addendum ~o Confl-ac'{ Between City of Dent=~ and UTRWO Regarding Sanger Transml~$s~on Lh~e Page 3 Year 10 to Retirement of I~onds: Capital Component of Cost w{ll be based on pro rata share of capacity as indicated in Exhibit C. Said capital cost will include an interest 'component (at a rate equal to the interest rate applicable to the Bonds issued to construct the line) for the amount of pro rata cost deferred under this schedule. Subject to mutuaf agreement in writing, Denton may pay its share of the Annual Requirement according to an alternative schedule developed by the District. After Denton has paid its full pro rata share and after retirement of Bonds, the Capital Component of Cost will no longer apply. 6. If requested in writing by the Distdct and agreed to by Denton, Denton may acquire or purchase easements or rights-of-way 'within the City Limits of Denton on behalf of the Distdct for the Sanger Transmission Line. Specifically, Denton agrees to acquire or to arrange for the dedication of necessary rights-of-way or easements in the interval from the Denton Connection Point to the Delivery Point near Milam Road. The Distdct wilt reimburse Denton for all direct cost associated with Denton's efforts to acquire said easement regardless of whether the easement is actually purchased. If requested by Distdct and agreed to by Denton, Denton may exercise its power of eminent domain on behalf of the District. 7. On behalf of Denton and District, Denton agrees to operate that portion of the Sanger Transmission Line up to the Delivery Point (meter) and to be responsible for normal and routine maintenance of said portion of the Sanger Transmission Line according to the Standards of Denton's own water transmission and distribution system. Denton will maintain records of the actual cost of such maintenance and wilt send periodic reports of cost to District for reimbursement of cost in proportion to respective share of rated capacity of the pipeline according to Exhibit C. District shall have reasonable access to Denton's records to verify such costs. District hereby agrees that it will make payments to Denton according to the provisions of sections 5.06 and 5.07 of the Contract, which sections are otherwise applicable to Denton. If, in the opinion of Denton, extraordinary maintenance such as pipeline replacement exceeding 1% of the length of the pipeline is required, Denton sha~l give written notice of such needed replacement 27 Addendum to Go~tract Between Git'/of Denton and UTRWD Regarding Sangel' Transmission Line Page 4 to District, and District and Denton shall mutually deten'nine which party shall take appropriate steps to accomplish such extraordinary maintenance. 8. Prior to completion of construction of the Sanger Transmission Une, Denton's Executive Director of Utilities shall develop a mutual[y' satisfactory written procedure for coordinating the operation and maintenance of the Sanger Transmission Line and for each party to notify the other pady of any activities which may affect the operations of the other pady's system. 9. The Delivery Point for water by Denton shall be at a mutually agreeable location at a mid point on the Sanger Transmission Line at the approximate location shown on Exhibit C. 10. All meter facilities for the Sanger Transmission Line shall conform to Section 4.03, ~Metering Equipment" of the Contract. District sha[t pay for and install appropriate meter facilities, including rate of flow controller and back-flow prevention device at the Delivery Point. District will own the metering facilities and Denton will provide normal maintenance and calibration, the costs of which are eligible for inclusion in service rates. 11. Denton may purchase the Distdcrs dghts, in whole or part, in the Sanger Transmission Line if District, at any future time, gives notice that its share of the tine is no longer needed for Distdct purposes. The pdce to be paid by Denton to Distdct to purchase any portion of the Distdcrs share of the Sanger Transmission Line under this paragraph shall b~equal to the odginal cost thereof for the Distdcrs share, less accumulated depreciation ptus a credit (not to exceed said purchase pdce) for revenues, if any, received by District from Denton and other public utilities for use of the rights-of-way included in the Sanger Transmission Line. Depreciation expense wilt be computed on a straight line basis over a period ~ot to exceed thirty (30) years for that portion of the pipeline owned by District. For that portion of the pipeline owned by TWDB under a State Participation Agreement, depreciation expense shafl start when the Distdct purchases the TWDB's interest or five (5) years from date pipeline was first used for public service, whichever date occurs first. ' 28 Exhibit D Addendum to Contract Between City of Denton end UTRWD RegardIng Sanger Transmission Ltrve Page S 12. If Denton purchases the District's share or any portion thereof of the Sanger Transmission Line under the provisions of this Exhibit, District shall continue to enjoy certain dghts in connection therewith: (1) to receive water from Denton; (2) to deliver water to Denton; and (3) to--deliver water to intervening customers of Distdct along the line as may be provided by contract; and (4) to have the right of emergency exchange-of water between Denton and Distdct through the pipeline. 13. If Denton desires and requests the Distdct to construct improvements or install appurtenances for Denton as part of the Sanger Transmission Line, which improvements or appurtenances are not otherwise needed by District, Denton shall be responsible for the entire cost of such improvements or appurtenances installed for the sole benefit of Denton. 14. In a separate contract dated July 21, 1992 for WATER TREATMENT AND TRANSPORTATION SERVICES (as supplemented), District agreed to increase Denton's share of the Joint Transmission Line, as consideration for certain properly being conveyed to District. Said increased share shall not cause an increase in the amount to be paid by Denton for its share of the Annual Requirement for the Joint Transmission Line. Rather, the increased share will result in Denton having larger capacity in the Joint Transmission Line and a corresponding smaller Share to acquire from the Distdct when and if Denton acquires the Distdcrs share of the Joint Transmission Line under the terms of the Contract. See Exhibit A (Revised) for the revised respective shares of the Joint Transmission Line. 15. Notwithstanding any provision in this Addendum and the Contract, Denton shall have no responsibility for any podion of the Regional Treated Water Project other than the Joint Transmission Line and the Sanger Transmission Line. ..DEN TON~CO NTRAC1D~A. DD,-PSTL.EX D 29 D DEPUTY O.ITLD],N,.-'kN CE Iq(D, 2001-11 DEN"I'Otd COUNTY OLER~- CYNTHIA MITCHELL' M'~ OtLDINA]fiC~ A?PROVING A BO'LrN'DAEt\~ AD.~,ST!vlENT AG?,..EEMENT BETWEEN T~It~. C]'TY OF K]~),Ji~4'. ANiD '"?FIE:CITY OF 'DEN'ION \,VH.]CH !P,,EL'EASBS EX'IT-,~'FERR.ITORiAL: .TUIL][SD~'C'I'ION .IN CE]¥]?AI¥1 j~tJ~A.L PROPERTY AND ESTABL.1SHES A FUTLFRE BOUNDXRt; BETW£BN q.'HE TWO c:[T]TlJES; AND PE,CF'/IDTNG AN EFFECTIVE DATE. T}t]2 COUiqCIL OF THE CITY OF K.RL)M: TEXAS HER.EBY ORD.AE-NS: ~t ~~''''1'~ ~q~' 1: Th.e May'or, or. his dcsiD'~ee, is hereby author[zed to e>:ecute a ,-.. . ,** ' ( " ' e Botx~qdatv Aaj,mtm~4, Agreement between the City of ~mn ,md fl~ Cify of Dertto~ ~ ~fl>stantial~y ihe rotan, of the Agreement wh~cln is a~ta.ched to and made a pa~ ofthis ordhaance f6r ~11 pml>oses. The Cib' Council her~oy fi)ids that the Agree:l~mellt ~$ ~mt: rl~.e pub [~c ]merest'. .~_C_T~T_O]N~ - ' '~'. ~' This ordinm.~ce shall become e.ffect~ve 'ij.nmediatel.y. . upon passage and approval. PASSED AN:U)/,J?PP, OYED d~is l't~e. ~ day of NoYember, 2001. Ct'?'/SECI~,7 A.R ~' . T:\¢'ChM MO?'~CLJ]5.~T',%'~ITY OF I~LRI..IM\ORD."NA NC}?. NO 200! .O~ ~. I .disc 30 EXHIBIT 3 ORDINANCE-NO. ~5,'q ~../~-,5~ / ~ AN OR'DiNANCE APPI~OVI.NG A BOUNDARX ADJUSTMENT A(j'i,.m:M.t:rq '2~E CITY OF DENTON A~ THE CITY OF KRUM . WHi. CH '~ELBASES E.X~-,TERRITORIAIJ JUriSDICTiON IN CErTAiN REAL PROPERTY AND ' ' 1' 'v' Qm , ES FAB~,ISI-IE8 A F~JTURE BOUNDARY' BETWFiEN THE TWO CITIES; AND PROVIDING AN EFFECTIVE DATE. THE COUNCtl.'OF THE Cl. TY O? DENTON. TEXAS HE'REB¥ ORDAINS: SECTION 1. The Mayor, or hBr designee, is hereby authorized to execute a Boun.da.U, Adjusm~ent AgTee'men~: 'between tl-~e City qf Denton and 1he City of 'Knnn in subsranliatly thc Form o.i' the Agre~ement which is attached mund made. a+ part of this o'rdinance 'roi' all purposes. The C. ity Co'uncil hereby finds 'l~ha.t the AgTeement is in the public interest.' _S_I_:;._(_'..,]+~J_O_N_..2. This o~:dinance shall becom'e el'l'eerive hnmed, iately ul'~er, its passage and approYat. PASSED AND AP?'BOVED fi,is the day o~ EUL1NE BI~.OCK., MAYOR ATTEST: J EN N'i F'ER WA LTERS, C'ITY SEC'KETAR:Y AP'PROVED AS TO LEGAL FORM: HEP-33ERT g. 'PRO'UTY, CJTY ATTORNEY ........ -<i=';::='-"5:7 :'""/ . , BY: ...................... ,_,z_ .......... /_.~..-, i /"// 31 TI[lIS AGrEEMEnT is made and entered into by and I-,etw~:m~ fhe CITY OF DENTON, '~'EXAS, hereh~a~er referred to as "De'atom", and '[h~ CITY OF KRUh'I, T. EXAS, here5 nailer ml~rred to as WHEREAS, ](runl h}k~ heretofore mmexed or mtenr[s to annex ce~am rea.~ properly its ciiy lh'n~its t:ha[ is wi~ihJn. Dcnton's extraterritoria.l ju:'~s~tlction ('~E33'), which property is partieulmqy desm'ibed ~n Ex.~bil "A'~ attached herelo and made a part hereo~ by reference and dep~cled in Exhibit "B" attached hereto and made a p~-t hermf by reference (called the ~'Prope3't~t"); and ~]tEREAS, Dentmx des.ires to relezse to Krum alt of bs rights in and to its 'ETJ h~ the Proper~.y and to consenl, ta t(rum's anncxa!'ion o~ thc Propctl:~'; and ~Srt-~,RE,~, Dmxton and Kmm desire to est. abl{sh a Future m~zt~al city I~m:t boltl~d:-~'y betwe, e~5 the two cities a.s more lmrticulady described in 'Ex.hibit "C" a'ttac-hed hereto and made pad: hereof by reference and d~]c~ed in Exhibit "D" attv, chcd hereto and made a pm1: hereof by reference (called the '*Fumre.M.utual Bom~dau"); an.d - WtlE~EAS, the govm'ni~lg bodies 'of Denton and Kn~m fi~d that such Future BoundaW ~s in. the public tartest. NOW, THEREt*ORE, 'tbr m~d in COnsideration o¢lhe mulzml covenants, co~.iditians, and prbm'ises e;4,pressed herein, Dc~ton m~d Kn~m agree ~ tblk~ws: SECTION I. Deuton hereby releases and relinquishes all of its ET] right} in mxd to tim Property to K~xmm mid consents to Knmtqa's mmcxalion of ll~a Property, whal'hcr or nol such annexation has 32 ocmwred prior lo the date of.~hi.s agreement, cens¢~ts to Kyum's annexalion of f he Properly. I~ is exl~re~sly ag~'oed ~at this Waiver and ~e~eas= shall only operale in 5awor ~tm, and sl:all ~nstitt~te a waiver or rel~se of aay right, ine. k~ding gl'J ri.ghl~, which Denlon ma~ be able asse~ agMnst auother mtlnicip~'ily. In addition, i'l'Kmm does not em]?leta th~ annaxatiou of the Propm:ty within one yam' crf t]l~ dat~ o~.' this Agre. emm~t this waiver and :'aleaso sl~all be null anti SECTtON Futnre Mutual Botmdarv De,:ton and Kyum hereby agree th.at'Limit Future Mul'uaI.Bmmdary sh~.fll be as described h~ 'Exhibit. C and depic, t:ed in Exhi'bit D. In this regard .e~r,l~ waives~ roic~ses ;and r~]inquishes its ETJ righB to tt~e other ~1'1~ respect to fl3e skle oft.~xe Future Mulunl Bom~d~u'y fl~at is located h~ i:he other city's '[i~ture '~erritory as descri~ed and depicled on ExNbil C anti I). It .is expressly a~eed thai tiffs waivm' and release shall only operate 'in flv0r ofDentou ~nd Kmm, and shall no~ consti[u{e a waif, m: or release of kroy right, i~xc.tuding E'D rights, ~,l~ici~ Dent.ma or Krum may be able to assert.against m~otlxer m~micipality. SECT]QN ~eYerabililx Sho'uld any provSsion o'F this Agreement be declared 'void 1>'.5, :~ court of compete.t.~t jurisdicfi6n, lhe remaini~qg provisions o'f Ibis Agreement shall, remain in full force and e'ff'eet. Page 2 33 SEC~FION VI I. Approva! l~'Go¥ e rn i_~_g. Bod Denton and I(.mm rcprescrt~ 1o each other lha[ their rcspedive governing bodics have appro~'ed this .~greemet~ hv nrrtln~mLe ~r resolution as set t~h below. CITY OF DENTON, TE.XAS .c - IST. JI.,tNE BROCK.. M'.AYOR JENNIFER WAI,TERS, CITY SECRETARh( A.¢PROVk;D AS TO FORM: (..I7 a % OI! 'I.(RU M, TEXAS MAY 0 '. .P:tgc 3 34 35 ACK'.NOWt.,EDGM.ENTS S'rATT, Oi? TEXA. S § COLINTY O~ DENTON ~ This instrument -,v-.,.s ,cknowled~ed befbre me tl'Ss day ef .-,.200], by E'ULtNE BROCK, Mayor of the CITY OF DENTON, TEXAS, a home-rule. corporation., on behalf of said mmdcip,-d comor~,tion.' N~iary P~)l.~,ic in aBd for the State of Texas S t,nte ~jxas ____, 290], by general !aw Page 5 36 EX~IT A Tra'ct t B2GZNN-fl~G for the Northwest Comer of the tract being des.cnbec~ 12erem at tt~e Northwest Comer of the second mentioned Versteeg tract (most northerly tract) in the West line of sai~ Survey in the middle of Hopkins Road in the ~Easi line of the ex/sting K2-um City Limits line, fi-om which the most Easterly Northeast City J~Sa'nks Corn.er boa.rs North a distance of 528 feet more or less;' THENCE South 89 Degrees 16 Minutes 4~/Seconds East with the North Line of said Versteeg tract a distance of 889.69 feet to a capped iron rod found for the Northeast comer or said Versteeg tract and the Northwest Comer of s{id .Estes tract; THENCE South 89 Degrees i 8 lvlinutes 28 Seconds East with the North Line thereof, generally along a fence a distance of 869.39 feet to a capped iron rod. found for the Northeast Comer of saki Estes tract and the Northwest Comer of said Fowler tract; THENCE South 89 Degrees 10 Minutes 00 Seconds East with'the North line thereof along a fence a d[stance of 1225.79 feet to the Northeast Comer of said ~Fowler tract m Masch Brmach Road; THENCE South with the West line of said Fowler tract in said Road and passing the Southeast Comer of said Fowl.er tract being in the North tin.e of Farm.to Market Highway 1173 and continuing along said course across said highway a total distance of 2596.31 feet to a corner on the South line of said Highway for the Southeast corner of the hereto descri~2ed tract; T~z'-ENCE North 89 Degrees 45 Minu{es 07 Seconds West along said Highway a distanoe of 1411.';43 feet to the most Scmtherly Southwest Comer of the herein described tract; 7HENCE North.01 Degrees 56 Minutes 51 Seconds East recrossmg sa~c~ Highw,ay a~ 90 feet passing a W' iron rod-found for the rhost Southerly Southwest Corner of said Es~es tract on the North line of sa.id Highway and continuing along'said course, in all, ~'.tota! distance of 370.02 feet to a fence comer post at an angle point in the now Westerly line of said Estes tract; THENCE in a Northerly thor2 Westerly direction with the most Southwesterly l~e of said Estes tract generally'along a fence, the following 6 courses and d~stances; 1. North 00 Degrees 56 Minutes 43 ~econa. s West a d~stance of 56.64 feet to a ¼" iron rod found; 2. North t5 Degrees 59 Minutes 17 Seconds West a dis:anco of $2.39 feet to ~' ¼" iron rod found; 3. North 17 De. grees 25 Minutes 26 Seconds Wes~ a distance of 75,21 feet to a found pipe; 4. South 76 Degrees 43 Minutes 00 Seconds West a distance of 212.02'feet to a found nail; S;~.ROW Sh a.r ~ d~ roi ¢ =t~'~nn ¢.x~fi tan't'&l~U M_}'M s _011_30.0 I'~K r~ m_ En ctoo :hmcm _t r= c~s_EXH l alT_^.do¢ 37 EXHIBIT A 5. North $3 Degrees 08 Minutes 00 Seco;rids. west a mstance, o~ ~o.u/zcet to a ½" irori rod found; 6. North 88 Degrees 58 Minutes 53 Seconds West a distance of 366.97 feet to a ½' iron rod found' .for he most Westerly Southwest cot-ncr of said Estcs THENCE North with the West line ther¢6f generally along a fence a distance of 702.93 feet to a Vn" iron rod found for the Southeast Comer of said Freeman tract; THENCE North-89 Degrees 16 Minutes 23 Seconds West wi. th the South linc thcrcofa distance of 88.20 feet to thc Southwest Corner of said Freeman tract in the middle of'said Hopkins Road in the West line of said survey; THENCE North 00 Degrees 02 Minutes 33 Seconds West in said Road with the West line of said S'~rvey a distance of t398.86 feel to the PLACE OF BEGTNNING.and enclosing 145.8 acres of land more or less.. Tract 2 FIELD NOTES'to ail that certmn tract of land situated in th6 J. Ha_ney Survey, Abstract Number 515, Denton County, Texas'and being a su..trey of a called 150 acre'tract described in the deed recorded ur~der Clerk's File Number 94-R0089285, Real Property 'Records ofs~;a county; the subject tract being more particularly described as follows: BEGhNNTNG at a Metal Fence Comer Post in the South right-of-way ofF.M: ! i73, same being the Northeast comer of 117.92 acre tr~6t described ip the deed to Henry Beckman recorded in Volume 4293, Page 1577; THENCE Nortti 01 Degrees 00 M~nntes 00 Se6onds East a distance of 90.01 feet.to a ½" called iron rod set for the Northwest comer of the h~rein described trac{ in the North right-of-way of said highway; THENCE South 89 De~ees 40 Minutes 20 Segonds East a. distance of 2424 feet to a ½" capped iron rod set for the Northeast comer of the herein descnoea tract in the North right-of-way of said hi 7hway; THENCE South 00 point in the middle herein; Degrees 25 Minutes 19 Seconds West a instance ofg0.00 feet to a of Masch Branch Road for the Southeast comer of tract des'or/bid THENCE South O0 Degrees 25 Minutes 19 Second~ West with the middle of Masch Branch Road a distance of 2687.53 feet. to a point in the center o£said road for the Southeast comer of herein described tract and the Northeast comer of a called+ 10.00 acre tract described in the deed to Leslie R. Pmerscn recorded in Volume 936, Page 804, Deed Records, Denton County, TeXas; ~rJ L/01 38 EXHIBIT A THENCE North 89 Degrees l 6 Minutes 56 Seconds West with the North l~ne of said 10,00 acre tract and the South line 0f said 150 acre tract jsassing, at 25.59 feet at'a Wood Fence Comer Post and c~nfinuing along said, c6urse along or near a fence a total distance >.f2452.58 feet to a Wood Pence Comer Post for the Southwest comer of the tract tescribed herein and the Sbutheast corner'of a tract desczSb'ed in the deed to Warren Edward Strate recorded under Clerk's'File Number ~8-R0033529 of.said Real Property Records~ THENCE North 01 Degrees 00 Minute~ 00 Seconds East W~th the East line thereof .passing at'594,21 feet a ½" capped iron rod found for the Southeast comer of said 11T92 acre tract and continuing on along said course along or near a fence a total.distance of 2671.01 feet to the.PLACE OF BEGR,,TNiNG and enclosing. 155.03 acres oflanc~ more' or less.' Tract 3 FIELD NOTES to all that certain tract of land being a part of Tract 27 of Little Brook Estates Un.it No. 2 an addition in Denton County, Texas, according to the plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas as recognized and occupied on the ground; the subjec~ tract being more parti'cularly described as follows; BEGINNinG for the Northwest Corner of the tract being described herein at a concrete monument found for the Northwest Comer of said Tract 27 in.the South,right-of-way of F,.M. Highway 1173 and the East. line of Masch Blanch Road; 'TPIENCE North 89 Degrees 44 Minutes 51 Seconds East with the North line of said Tract 27 and th e'S outh line 6f said highway, generally along a f~nce a distance of 4.1 (5.47 feet to a ¥2" iror/rod fdund for the Northeast Corner of said Tract 27, same being the Northwest Corner of said Tract 28, from which ~he remains ~f an old concrete monument was found lying heart'y; THENCE South 00 Degrees 0~.Minules.01 Seconds' East with the East line of said Lot 27' a ali.stance of 7.45.53 feet to a concrete monument found for the Northeast Comer of that 6ertain tract out of said Tract 27~ described in the de&d to Denton Baptist Asso6., recorded in Volume 2660, Page' 583 of Real Property Records of Denton County, Texas; THENCE North 8~ Degrees 47 minutes 08 Seconds West with the North line of said Baptist tract, severing said Tract 27 a distance 6f417.74 feet to a ½" iron rod found for :he Northwest Comer of said Baptist tract in the West line of said.Tract 27 and thle East line of said Masch Branch K6ad; THENCE North 00 Degrees 03 Minutes 10 Seconds West with said East tine and the West line of said Tract 27, generally along a fence occupying the East ~ine' of said'road a 39 ]EX_HIBIT A ~siance of 742.13 feet to the PLAC. E OF BEGINNING and, enclosing 7.122 acre.s of land. Tract FIELD NOTES to all that certain tract ofland situated in the J. Honey Survey, A~bsiract Number 515, Denton County, Texas, and being'the Southerly 5 acres of Tract'27, Little Brook Bstates, Unit-2~ as shown in the' plat th~re0f{-ecorded in Volume 3; page 5 of the Plat Records and described i3. the i:I&ed from Cortaid'Pullen et.~l to'Trinity Baptist Church of Denton recorded in Volume 1955, Page 613 of the Real Property Records of Denton County, Texas; the subiect tract being more particularly descfit{ed as follows: BEGINNING for the Southwest comer of the tract being described hhrein at a concrete monument found at the Southwest comer of Tract 27 and th'e Northwest comer of Tract 36 in the East line of Masch Branch Road as monumented; TI-I-ENCE North 00 Degrees 10 Minnies 3'6 Seconds West with the West lin~ of Tra.ct 27 and the East .line of Masch Branch Road as mon:amented a distance of 520.65 feet to an iron rod set for the Northwest comer of the Trinity Baptist Church Tract 1.2 feet West of a concrete monument. THENCE South 89 D~grees 54 Minutes 46 Seconds East severing Tract 27 with ~he North line o'fthe Trinity Baptist Church Tract a d/stance 417.65.feet go .a concrete monument found at the Northeast Comer thereof in the East.lint of Tract 27;' THENCE South 0t3 Degrees 16 Min'ates t3 Seconds East with the East. line of Tract 27, a distance of 520.80 fee. t to a concrete monum&nt found at the Southeast comer thereof in the North line of~'ract 36; 'I'iiq~NCE North 89 Degrees 53 Minutes 33 Seconds West with fhe South line of Tract 27 a distance of 4] 8.50 feet to the PLACE OF BEGINNING and enclosing 4.998 acres of land SAP. OW Shnrc~Pr~>jccls~.nn~xalion;Y,.RUM FMB 0tl ~.D gD.Y, rurn Encroa~hmrn~ lraels EXHIBIT A,doc 40 EXHIBIT B CITY OF DENTON 3.5 MILE ETJ CITY' OF K.P-,U M ANNEXATION ORDINANCE 145.8 ACRES EXISTING' KRUM 112 MiLE ETJ 4000 CITY'OF KRUM ANNEXATION ORDINANCE 00-08 155.03 ACRES CITY OF KRUM ,PROPOSED ANNEXATION ' AREA. 4..988 - 'ACRE & 7.122 · '~ ": · , :.'.' ACRE TRAOT8 :+'- -..'.. ~. ~."'i::: .... ENCROACHMENT AREA .' 0 4000 Feet GIS ENGINEERING DEPT. - ~ CITY OF DENTON,TX. 41 EXI-IIB IT C BEG1-NNING at a point lying on the City of K_rum ½ mile extraterr/torial jurisdiction line, as established of legal record, said point lying 292 feet west of rte northeast corner ora 145~8 acre tract armexed by the City o£K_rurn by Ordinance. Number 97-10, said point being the BEGINNING o.f a Fu{nre. Muma! Boundary line (FMB) be.t:wee.n th~ C!ty ~fDenton and the City of K_rum; THENCE South 89 degree~ 10 minutes 00 seconds East along the north line of said .145.8 acre annexation tract and along the said FMB line a distance of 292 feet to a point for corner, said point lying in Masch Branch Road: THENCE So:nth alon~ the said FMB iine and the most eastern line of said 145.8 acre azmexation tract a distance of 2,506.31 feet to a point for corner, .said point lying on the 5orth r/ght-of-way line of F.M. Highway 1173, said point also lying on the north line of a 155.03 acre tract annexed by the City oflZ~arn by Ordinance Number .00-08; T}'I"ENCE South'89 degrees 40 minutes 20 seconds East along the north right-of-way Hue of said F.M. Highway 1173 and along said FMB line, same being the north line of said 155.03 acre annexation tract distance of 780 feet to a point for come?, said point being the northeast corner of said 155.03 acre annexation tract; TI-IENCE South 00 degrees 25 minn'tes t9 seconds West along the east line of said I55.03 acre annexation tract and the FMB line a distance of 90 feet to a poin.t.'for corner, said point lying in the middle of Ma'sch Branch Road and being a point on the south right-of-way 6f F.M. Highway 1173; TI-IENCE North 89 degrees 44 minutes 5t seconds East along the south right-of-way of P.M. Highway t 173 and along the said PM_B line a distance of 441.47 feet to a point for corner; smd point being the northeast comer of Tract 27 of Little Brook Estates Unit No. 2, an addition in Denton Cou.n~y, Texas according to the pla~ thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas; THENCE South 00 degrees 09 minhtes 01 seconds East along the east line ofsaid.'Lot 27 and the said FMB line a distance of 745.53 feet to a point for comer, said point b~ing the northeast comer oft hat certain tract out of said Tract 27, described in the deed to Denton Baptist Association, recorded in Volume 2660, Page 583 of the Real Property Records of Deflton County, Texas; THENCE South 00 degrees 16 minn~tes' 13 'seconds East along the east line of.said Lot 27 and the said FMB line a distance of 520.80 feet to a point for comer; TI-IENCE North 89 degrees 53 seconds 33 seconds West with the soutt/line of said Tract 2'7 most' of the way and the said i~MB tine a distance of 443..50 feet to a point for comer, said point lying in the middle o£Masch Branch Road, said point also lying on the east line of said ]55.03 acre tract annexed by the City of l<a-um by Ordinance Number 00-08; S:I'R.O W Shareah. ProjccuLAnnexmlon~.XRUbt_FMlt_OS_2, O_OP. Krum_FMe.dr~rrfpfia, 1101 42 ]SPCI-IIB IT' C THEINCE 'South 00,,degrees 25 minutes 19 seconds %Vest with the middle of Masch Branch Road, along the cast linc of.said 155.03 acre.annexation tJact and thc said FMB line a distance Of 1,396 feet to a point for comer, .~.aid point being thc southeast corner of said 155.03 acre annexation tracl; TI-I~NCE North 01 degrees 00 mmutes 00 seconds Wgst along the south linc of said 155.03 acre annexatiqn tract most of the way and the said FMB line a distance of 2,532 fc~t to the BlflDING.of the said FiViB; said point lying on thc City of Rrna ½ mile cxtrater-Jtorial jurisdm!~on' line. as esiabIishcd of l~.zal record; THENCE i~dal, ly progressing southwesterly along said City of ICunn ¼' mile 'ixfritcrrit0/iaI jufisdicfion line, as est'~b]i§hed of legal 'record, and bontinuing in. a circumambient manner along said City ofI<_rum ~.mile ~xtraterritoris/jurisdi6tion line, as'established of legal record, to thc POINT OF BEGINNING. 43 I EX1ST]NG ' CITY OF DENTON 3.5 MILE ETJ : ;'.':-.......: -(:,... :.:.': ?.:'?.:.,. .. ...... EXISTING KRUM 112 MILE ETJ FMB BEGINNING FMB ENDING .,'?'..'. :.':. FUTURE MUTUAL BOUNDARY ' (FMB) ' FUTURE MUTUAE BOUNDARY 4000 o 40(:>0 Feet GIS ENGINEERING DEPT. F ~ CITY OF DENTON 44 UPPER TRINITY REGIONAL WATER DISTRICT CITY OF DENTON AMENDMENT TO CONTRACT FOR WATER TREATMENT AND TRANSMISSION SERVICES THE STATE OF TEXAS § COUNTY OF DENTON § This AMENDMENT ("Amendment") to the Contract for Water Treatment and Transmission Services dated July 21, 1992, as amended, (the "Contract") is made and entered into as of the __ day of ,2004 ("Effective Date"), by and between UPPER TRINITY REGIONAL WATER DISTRICT (the "District"), a conservation and reclamation district created pursuant to Article XVI, Section 59 of the Constitution of the State of Texas, and the CITY OF DENTON ("Denton"), a municipal corporation, which Contract provides for the District to purchase treated water on a wholesale basis from Denton. WHEREAS, Denton and the District entered into the Contract to provide for the sale of treated water on a wholesale basis by Denton to the District, and for transmission and delivery by Denton of limited amounts of treated water from specified points to certain customers of the District; and WHEREAS, Denton is currently selling water on a wholesale basis to the District for resale to the City of Sanger, pursuant to the Contract; and WHEREAS, the District has entered into a Participating Member Contract with the City of Krum ("Krum') for its participation in the District's Regional Treated Water System ("System'),under which contract Krum agrees to purchase treated water on a wholesale basis from District for service to its retail customers; and WHEREAS, the District desires to purchase water on a wholesale basis from Denton for resale and delivery to Krum for an interim period of time until the District can provide direct service from its water transmission system to Krum; and WHEREAS, Denton has constructed a new-elevated storage facility in the northwest portion of its service area, and has determined there to be sufficient capacity in Denton's water distribution system, including said storage facility, for water service to District for resale to Krum; and WHEREAS, the District is planning to construct a water transmission line (the "Krum Transmission Line") from Denton's new-elevated storage facility to the delivery point for Krum on Masch Branch Road, as illustrated in Exhibit A, generally in accordance with the April 2002 "Feasibility Study for Water Service to Cities of Justin, Northlake, Ponder and Krum' prepared by Biggs and Mathews, Inc, together with other facilities determined by the District to be necessary to provide said services to Krum; and WHEREAS, up to the limits of Denton's ETJ boundary agreement with Krum (Krum's delivery point on Masch Branch Road, as illustrated in Exhibit A), Denton desires to participate EXHIBIT 5 Upper Trinity Regional Water District City of Denton Amendment to Contract for Water Treatment and Transmission Services Page 2 of 10 in the capacity and proportionate cost of the Krum Transmission Line to be constructed by the District; and WHEREAS, Denton and the District desire to enable such participation in the Krum Transmission Line by this Amendment and for the District to purchase treated water on a wholesale basis from Denton at the established wholesale rates, as such published rates may fluctuate from time to time, as provided in the Contract; and WHEREAS, the services herein described to be provided by Denton, including the additional Delivery Point, for the District are authorized by Section 6.2 of the Contract. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the District agrees to use its best efforts to design, construct and complete the Krum Transmission Line upon and subject to the terms of the Contract and this Amendment as hereinafter set forth, to-wit: AGREEMENT Section 1. Adoption of Preamble. All of the matters stated in the preamble of this Amendment are true and correct and are hereby incorporated into the body of the Amendment as though fully set forth in their entirety herein. Section 2. Sale of Treated Water. Denton hereby agrees to deliver treated water through the Krum Transmission Line to the District at a mutually agreeable location on the Krum Transmission Line (herein "Delivery Point"), as illustrated in Exhibit A hereto, for resale to Krum. Such sale of water by Denton to the District shall be on a wholesale basis in accordance with the Contract, as amended or supplemented, and this Amendment. Section 3. Quantity to be Delivered. For the first Water Year of operation during which water is delivered under this Amendment to the Delivery Point, the initial amount of treated water to be delivered by Denton shall not exceed four hundred thousand gallons per day (0.40 MGD). After the first Water Year of operation, District may request increased quantity up to a maximum of 2.0 MGD to be delivered by Denton. District shall give written notice to Denton at least one hundred twenty (120) days prior to the beginning of a Water Year concerning the Peak Daily Volume of treated water being requested. Denton may, at its sole discretion, waive the written notice requirement upon written request of District. If the requested peak Daily Volume exceeds four hundred thousand gallons per day (0.40 MGD) for all years of this amendment other than the first, Denton shall determine if such additional water and such capacity to deliver the water are available. If, for the second and subsequent Water Years, Denton determines there is sufficient additional capacity and sufficient additional water to provide the District with the requested Peak Daily volume, Denton may, under terms of this Amendment and the Contract, provide such additional volume (or any portion thereof) for that Water Year. Denton will not unreasonably deny District's request for additional water up to the maximum amount provided for in this Section. However, the District understands, and Denton expressly reserves the right to implement its drought plan, as filed with the TCEQ, should the need arise, and such implementation of the plan might result in a pro-rata cut-back of water supply to both retail and wholesale water customers of Denton. Section 4. Participation in the Krum Transmission Line. Denton agrees to participate on a pro rata basis in the Krum Transmission Line up to the Delivery Point in accordance with the Upper Trinity Regional Water District City of Denton Amendment to Contract for Water Treatment and Transmission Services Page 3 of 10 limits, size and capacities specified in Exhibit A and with cost participation as specified in Exhibit B, hereto, which Exhibits are incorporated into this Amendment and the Contract for all purposes. The Krum Transmission Line shall be designed and constructed by the District. Section 5. Extent of Participation. District agrees to provide for the Krum Transmission Line between the points and along the general route and for the capacities delineated in Exhibit A. Denton may transport water for its own use through the Krum Transmission Line up to the peak day capacities provided for in Exhibit A. Section 6. Special Provisions. Denton and the District acknowledge and agree to the special provisions related to the Krum Transmission Line which are set forth in the Exhibit B. Section 7. Contract Provisions. All other provisions of the Contract, as amended, shall continue in full force and effect. Section 8. Notice to Denton. Under its participation contract with the District, Krum agrees that it will not sell water purchased from the District to any person or entity outside its service area unless Krum has received prior written approval from the District. Since the District is providing Krum with water purchased from Denton, District agrees to obtain written permission from Denton prior to the District's consideration of approval of such resale request by Krum; likewise, the District shall obtain Denton's approval prior to resale by the District to parties other than Krum. Failure by the District to obtain written permission from the Denton shall constitute a breach of the terms and conditions of this Amendment and shall remove any obligation by the Denton to provide treated water supply under this Amendment. The preceding sentence notwithstanding, no such denial by Denton or no such failure by District shall act as a waiver of Denton's obligation to pay for its share of the Krum Transmission Line pursuant to this Amendment and specifically Exhibit B hereto. Section 9. Term. This Initial Term of this Amendment shall be for a period of nine (9) years. It shall be effective on and after the Effective Date. The terms of any renewal shall be negotiated in good faith by Denton and the District. If timely requested in writing by District, as specified below, Denton agrees to continued service under this amendment beyond the Initial Term subject to negotiation of all material terms of such service. However, the parties understand that any additional renewal term following the initial nine-year term, is expressly subject to there being water treatment plant capacity available. The District must provide Denton with written notice of its desire and intention to negotiate a continuation of the term of this Amendment once this Amendment has been in effect for seven and one-half years. Otherwise, if no written notice of the District's desire to negotiate a continuation of the term is delivered to Denton before the eighth anniversary of the Effective Date of this Amendment, this Amendment shall cease on the ninth anniversary of its Effective Date. The District recognizes that the City of Denton has adopted impact fees to help finance water and wastewater system improvements for providing service to their new customers. The District recognizes that that the prior wholesale contracts between the City of Denton and the District were negotiated and entered into prior to the City of Denton's adoption of impact fees (September 14, 1998). Further, Denton has entered into wholesale wastewater contracts with other parties subsequent to the adoption of impact fees, and has required the contracting party to make payments of impact fees to the City of Denton for all new connections at a cost per connection compatible with current impact fees charged for all new connections to the City of Denton's retail service lines. Upper Trinity Regional Water District City of Denton Amendment to Contract for Water Treatment and Transmission Services Page 4 of 10 The City of Denton recognizes that the District has entered into a contract with Krum to supply treated water on a wholesale basis, consistent with the District's wholesale service contracts and rates that do not require impact fees to be paid for new connections within the retail service area of their wholesale customers. The City of Denton also recognizes that impact fees are appropriate for new wholesale customers that are long term customers but may not be appropriate for wholesale customers that are temporary; provided that the City of Denton is able to provide such temporary service from excess capacity that may exist in Denton's system The current planning forecast by Denton projects that excess water treatment plant capacity will be available to provide water service to the District until the summer of 2013. Denton also agrees to provide a minimum advanced written notice of eighteen months of their intention to terminate water service under this Amendment after the Initial Term to allow the District sufficient time to plan alternative water service arrangements to serve Krum or any other customer served directly or indirectly under this Amendment. Denton may provide the District with such advance written notice of eighteen months after the expiration of seven and a half years of the nine-year term hereof. The District's ownership in and right to beneficially use the Krum Transmission Line shall survive the Contract and this Amendment, subject to Denton's right to purchase the District's share thereof pursuant to Exhibit B hereto. IN WITNESS WHEREOF, the parties hereto acting under the authority of their respective governing bodies have caused this Amendment to be duly executed in several counterparts, each of which shall constitute an original, all as of the day and year first written above, which is the Effective Date. UPPER TRINITY REGIONAL WATER DISTRICT ATTEST: Oscar Burchard, President, Board of Directors Martha Mason, Secretary, Board of Directors (District Seal) APPROVED AS TO FORM: John F. Boyle, Jr., Counsel for the District Upper Trinity Regional Water District City of Denton Amendment to Contract for Water Treatment and Transmission Services Page 5 of 10 CITY OF DENTON ATTEST: Euline Brock, Mayor , City Secretary (City Seal) APPROVED AS TO FORM: ., Counsel to Denton Upper Trinity Regional Water District City of Denton Amendment to Contract for Water Treatment and Transmission Services Page 6 of 10 EXHIBIT A Point of Delivery To be inserted later to illustrate (1) The proposed route of the Krum Transmission Line (2) The delivery point from Denton to the District (3) Proportionate capacity share of the transmission line Upper Trinity Regional Water District City of Denton Amendment to Contract for Water Treatment and Transmission Services Page 7 of 10 EXHIBIT B AMENDMENT BETWEEN CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR PARTICIPATION IN THE KRUM TRANSMISSION LINE SPECIAL PROVISIONS REGARDING PARTICIPATION The provisions of this "Exhibit B" regarding construction of the Krum Transmission Line form a part of the Amendment and are applicable to the Upper Trinity Regional Water District (the "District") and to the City of Denton ("Denton") as if set forth in their entirety in the body of the Amendment. 1. Participation / Construction Cost. Denton agrees to participate in the construction of the Krum Transmission Line up to the Delivery Point on a capacity shared basis, generally in accordance with Exhibit A. The Krum Transmission Line shall be designed and constructed by the District; and the District agrees to design and construct said line between the points and generally along the general route and for the nominal capacities and sizes delineated in Exhibit A. District agrees to coordinate the routing, design and rights-of-way acquisition of the Krum Transmission Line with Denton. Within the retail service area of Denton, as defined by Denton's existing Certificate of Convenience and Necessity (CCN), the District's improvements shall not conflict with Denton's master plan for land development. The District agrees to coordinate any and all plan reviews and approvals with the City of Denton and will obtain written concurrence of plan approval from Denton, prior to the District's advertisement for bids for construction. However, if the District has not received written approval from Denton within thirty (30) days of Denton's first receipt of final draft of plans, the plans shall be considered approved and District may advertise for construction bids. 2. Ri.qhts-of-Way. The District agrees to purchase or acquire easements or rights-of-way within the Extra Territorial Jurisdiction (ET J) and/or CCN of Denton for the Krum Transmission Line up to the Delivery Point. Since the City of Denton is legally authorized to provide retail water service from the Krum Transmission line along this route, the District agrees that the ownership of these easements will be jointly with the City of Denton and the District. Denton hereby agrees that the District may exercise its power of eminent domain if necessary to obtain the needed rights-of-way for the Krum Transmission Line within Denton city limits; alternatively, if requested by the District and agreed to by Denton, Denton may exercise its power of eminent domain on behalf of the District. Further, District and Denton agree to coordinate future joint use of said rights-of-way for the Krum Transmission Line within Denton for underground utilities. District and Denton agree to coordinate arrangements for parallel or adjoining easements and other rights-of-way, including reciprocal use of such easements and rights-of-ways for temporary use during construction, routine operational maintenance and for other mutually beneficial purposes. It is mutually agreed that, within its share of the easement or rights-of-way for the Krum Transmission Line, Denton shall have the right to install and maintain other water lines, as well as sewer, underground electric and telecommunication facilities owned by Denton. 3. Determination of Cost Share. After preparation of final design and prior to construction of the Krum Transmission Line, the parties will finalize the respective share of costs for said Line, which costs will be based on the general concept outlined in Exhibit A. The final cost to be shared by the parties will include cost of design, construction cost, construction inspection and management, rights-of-ways and a reasonable share of the overhead cost of the District applicable to the Krum Transmission Line. Upon completion of construction, District will prepare Upper Trinity Regional Water District City of Denton Amendment to Contract for Water Treatment and Transmission Services Page 8 of 10 a report of total costs and respective shares thereof pursuant to each parties pro rata share of the Krum Transmission Line. District agrees that overhead and management charges of the District applicable to the project will not exceed 6% of the construction contract amount. However, District agrees that Denton may elect to perform inspection of construction for the project and if so performed, the District will not allocate any overhead charges of the District to Denton's portion of the costs. 4. Internal Usaqe. Denton may transport, deliver and meter water for its own use along and through the Krum Transmission Line within its service area up to its respective capacity in said line according to Exhibit A. 5. Payment for Construction Cost. After design of the Krum Transmission Line has been completed and after concurrence by Denton, the District shall take competitive bids for construction. After receipt of bids and before a contract (or contracts) for construction is awarded, the District shall give Denton written notice of the District's intention for award of contract(s) and of Denton's share of the proposed contract to be awarded. Unless Denton elects the financing option described in Paragraph 6 following, Denton shall deposit with the District, within forty-five (45) days, its pro rata share of the proposed construction cost for the Krum Transmission Line, plus the cost of special appurtenances, if any, requested by and for Denton. The funds so deposited by Denton for construction shall be placed in an interest bearing construction account by District. The District may only withdraw funds from the construction account as required to make progress and final payment according to the construction contract awarded for the Krum Transmission Line. The District shall maintain an accounting of all direct expenditures for rights of way and for design and construction of the Krum Transmission Line, including engineering and geotechnical services during construction. Upon completion of construction, Denton agrees to pay its share, if any, of the contract change orders, direct services during construction, or extra costs required to complete the Krum Transmission Line. After payment for change orders, services during construction or extra costs, any surplus funds remaining in the interest bearing account shall be returned to Denton at completion of the contract(s). 6. Payment Option. If Denton elects not to deposit its share of the construction cost as required in the above paragraph, District will provide the necessary funds for construction of the project. Denton agrees to pay the debt service, applicable fees and other charges for its pro rata share of the Krum Transmission Line according to a payment schedule to be prepared by the District at the completion of the project, which payment schedule shall be attached hereto and incorporated herein as Exhibit C. The District agrees that the initial payment schedule shall not exceed the Initial Term of this Amendment and the annual payments will not exceed the total amount of water sold by Denton to the District. If the District fails to provide the City of Denton with sufficient water sales revenue as a result of their contract agreement with Krum to make the financing payments for Denton's share of the Krum Transmission Line, the District agrees to limit billing to Denton to the total amount of water sales revenue provided to Denton under this Amendment. Recognizing the foregoing limitations on annual payments, Denton agrees that it will continue to make payments to the District for as long as necessary to fully amortize its share of the cost of the Krum Transmission Line, even if water sales to District are discontinued or limited for any reason. 7. Appurtenances and Facilities for Either Party. If Denton desires and requests the District to construct improvements or install appurtenances such as fittings for connection to Denton's distribution system as part of the cost of the Krum Transmission Line, which improvements or appurtenances are not otherwise needed by the District, Denton shall be Upper Trinity Regional Water District City of Denton Amendment to Contract for Water Treatment and Transmission Services Page 9 of 10 responsible for the entire cost of such improvements or appurtenances installed for the sole benefit of Denton. The District agrees to provide appropriate isolation valves and terminal flushing hydrants as requested by Denton for proper operation and maintenance of the pipeline recognizing that the City of Denton's participation in the pipeline project with the District results in a lower transmission line cost than would be available to the District if the City of Denton was not participating in the project. Likewise, if the District requests the construction of facilities, solely needed for District purposes, then District shall be responsible for the entire costs of such improvements installed for the sole benefit of District. 8. Operatin.q Responsibility. On behalf of Denton and District, Denton agrees to operate the Krum Transmission Line up to the Delivery Point and to be responsible for normal and routine maintenance of said Krum Transmission Line according to the standards of Denton's own water transmission and distribution system. Denton will maintain records of the actual cost of such maintenance and will send periodic reports of cost to District for reimbursement of cost in proportion to respective share of rated capacity of the pipeline according to Exhibit A. District shall have reasonable access to Denton's records to verify such costs. District hereby agrees that it will make payments to Denton for its proportionate share of the operation and maintenance costs within forty-five (45) days after receipt of invoice from Denton. If, in the opinion of Denton, extraordinary maintenance such as pipeline replacement exceeding five percent (5%) of the length of the pipeline is required, Denton shall give written notice of such needed replacement to District, and District and Denton shall mutually determine which party shall take appropriate steps to accomplish such extraordinary maintenance. 9. Coordination Procedure. Prior to completion of construction of the Krum Transmission Line, Denton's Assistant City Manager, Utilities shall develop a mutually satisfactory written procedure for coordinating the operation and maintenance of the Krum Transmission Line and for each party to notify the other party of any activities which may affect the operations of the other party's system. The parties agree to review said procedures for coordination and operation from time to time and to make appropriate revisions to the written procedures. 10. Deliven/ Point. The Delivery Point for water by Denton to District shall be at the Delivery Point to Krum on Masch Branch Road as shown on Exhibit A. Further, the District shall pay for and install appropriate meter facilities, including rate of flow controller and approved back-flow prevention device (air gap into Krum's Ground Storage Tank ) at the end of the Krum Transmission Line. District will own the metering facilities and Denton will provide normal maintenance and calibration according to Section 4.2 of the Contract, the costs of which are eligible for inclusion in service rates. 11. Repurchase of District's Share of Line. Denton may purchase the District's rights, in whole or part, in the Krum Transmission Line if District, at any future time, gives notice that its share of the line is no longer needed for District purposes. The price to be paid by Denton if it elects to exercise it's option to purchase any portion of the District's share of the Krum Transmission Line shall be equal to the original cost thereof for the District's share, less accumulated depreciation. Depreciation expense will be computed on a straight line basis over a period not to exceed thirty (30) years for that portion of the pipeline owned by District. If Denton purchases the District's share or any portion thereof of the Krum Transmission Line under the provisions of this Exhibit, District shall continue to have access to emergency exchange of water between Denton and District through the pipeline subject to mutual agreements by both parties. Upper Trinity Regional Water District City of Denton Amendment to Contract for Water Treatment and Transmission Services Page 10 of 10 12. Early Payment. Denton, without penalty, may pay or prepay the entire remaining balance, or any portion thereof, of its share of capital cost participation in the Krum Transmission Line at any time. The amount of such early payment will be equal to the unpaid principal, or portion thereof, including any deferred amounts. S:\Our Documents\Contracts\04\UTRWD Amendment to Contract-Krum-2004.doc ORDINANCE NO. 2004- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING A FURTHER AMENDMENT TO THE CONTRACT FOR WATER TREATMENT AND TRANSMISSION SERVICES - DATED JULY 21, 1992, WHICH CONTRACT WAS EXECUTED BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE UPPER TRINITY REGIONAL WATER DISTRICT RESPECTING THE SALE OF WATER ON A WHOLESALE BASIS TO SANGER, TEXAS; WHICH AMENDED CONTRACT PERTAINS TO THE SALE OF WATER ON A WHOLESALE BASIS FROM THE CITY OF DENTON, TEXAS TO THE UPPER TRINITY REGIONAL WATER DISTRICT FOR AN INTERIM PERIOD OF TIME FOR THE RESALE AND DELIVERY THEREOF TO THE CITY OF KRUM, TEXAS AND FOR THE PARTICIPATION OF THE CITY OF DENTON, TEXAS IN THE KRUM TRANSMISSION LINE TO BE CONSTRUCTED BY UPPER TRINITY REGIONAL WATER DISTRICT; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT TO CONTRACT FOR WATER TREATMENT AND TRANSMISSION SERVICES; AUTHORIZING THE EXECUTION BY THE CITY MANAGER OF ANY AND ALL ANCILLARY AND FURTHER DOCUMENTS NECESSARY TO EFFECT THE TERMS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute on behalf of the City, a further "Amendment to the Contract for Water Treatment and Transmission Services" (the "Amended Contract") respecting the agreement of the City and the Upper Trinity Regional Water District (the "District") for the interim sale of water on a wholesale basis to the District for the resale and delivery thereof to the City of Krum, Texas, and further providing for the participation of the City in the Krum Transmission Line to be constructed by the District; substantially in accordance with the Amended Contract which is attached hereto and incorporated by reference herein. SECTION 2. That the expenditure of funds as set forth in the Amended Contract is hereby authorized. SECTION 3. That the City Manager is hereby empowered to execute and deliver any and all ancillary and further documents necessary to effect the terms of this ordinance. SECTION 4. 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: S:\Our Documents\Ordinances\04\UTRWD-Amendment to K-Krum-Interim Sale of Wholesale Water to UTRWD.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES March 22, 2004 Draft After determining that a quorum of the Public Utilities Board of the City of DeNon, Texas was presem, the Public Utilities Board convened imo an Open Meeting on Monday, March 22, 2004, at 9:00 a.m. in the Service Cemer Training Room, City of DeNon Service Cemer, 901-A Texas Street, Denton, Texas. PRESENT: Bill Cheek, Yolanda Guzman, George Hopkins, Charldean Newell, Dick Smith and Don White EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM/Utilities EXCUSED: John Baines ITEMS FOR INDIVIDUAL CONSIDERATION: 6) Consider approval of an "Addendum to Contract For Water Treatment and Transmission Services" by and between City of Denton, Texas and Upper Trinity Regional Water District concerning water service to the City of Krum. Tim Fisher, Assistant Director of Water Utilities, presented this item. Fisher explained that on October 10, 2003, the City of DeNon Water Utilities staff received a request from the Upper Trinity Regional Water District (UTRWD) requesting water service from Denton to serve the City of Krum. The request was based upon earlier conversations between UTRWD and Denton Water Utilities staff and was patterned after similar agreements between the two parties that enabled the UTRWD to provide water service for the City of Sanger. DWU staff recommended that an Addendum to the initial Contract for Water Treatment and Transmission services would be needed to better define the City of DeMon's specific terms and conditions related to supplying water service to Krum and joint ownership of the Krum water transmission pipeline. Hopkins suggested that the City not be obligated to extend the contract, but if it should be extended, a provision for impact fees should be included. Smith moved to approve the contract amendment, with a second from Board Member Don White, the motion passed by a vote of 6-0. Page ] ofl EXHIBIT 8 AGENDA INFORMATION SHEET AGENDA DATE: May 4, 2004 DEPARTMENT: CM/DCM/ACM: Engineering Jon Fortune, Assistant City Manager SUBJECT: V04-0009 (Lot 1, Block A, Ivy Commons ROW) Consider granting an exaction variance of Section 35.20.2 (H. 1.) of the Code of Ordinance concerning easements and right of ways. The 0.58-acre parcel is located between Bernard Street and I.O.O.F Street, south of Highland Street. The property is in a Neighborhood Residential (NR-2) zoning district. A single-family residence currently exists. Multifamily is proposed. The Planning and Zoning Commission recommends approval of the variance (6-0) (V04-0009) BACKGROUND: Karen Mitchell of Mitchell Planning Group (representing Ben Patton, the developer/owner of this property) has applied for an exaction variance of section 35.20.2(H.1.) concerning street dedication requirements of the Code of Ordinances for I.O.O.F. The subject section of the ordinance concerning ROW (35.20.2 (H.1) indicates: "Public right of way shall be dedicated for all streets that serve more than three residential units or any commercial or industrial lot, except as permitted in Section 35.16.7. Right of way widths, corner clips, and other geometric requirements shall be as adopted in the Transportation Criteria Manual. Right of way widths or corner clips in excess of those standards may be required as determined by the City Engineer if necessary to accommodate sloping back of the right of way, large drainage facilities or a natural topographic feature." The applicant's letter indicates the request, for the ROW dedication, is based on the fact that, because the property will only take access to Bernard St., they will be causing little traffic on I.O.O.F. I.O.O.F. is an existing asphalt street without curb and gutter in this area. The total ROW is 40ft and the portion from the centerline to the subject property line is 27.5ft. City code requires dedication along a parcel's frontage so as to meet current City code. Because this development is proposed as apartments, the street would, by code, be classified as a residential avenue collector. This type of street would therefore require a centerline of roadway to property line dedication of 32.5fl or 5 additional feet of right of way. However, this development intends to provide access only to Bernard St and therefore, will generate a minimal amount of traffic on I.O.O.F. In addition, there is a cemetery across I.O.O.F. from this property and because of the location of some of the gravestone heads; it would appear that obtaining additional ROW on this side would be very difficult. Therefore, it would not be expected that the City would have any intension of widening I.O.O.F. to collector standards. As such, City staff does not feel that the City's right of way requirement meets the "reasonable nexus" standard that must be applied to any development exaction. The City Council may approve an exaction 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 applicant(s) paid for the parcel, or the cost of the proposed building improvements 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 development? PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Planning & Zoning Commission voted 6-0 to recommend approval of the variance on April 14, 2004. FISCAL INFORMATION Staff estimates the cost of property in this area at $2.00 per sqft. Given an approximately 75.2ft frontage and 5ft additional ROW dedication, the total land would be 376sqft for a total value of $752.00 OPTIONS 1. Approve the variance 2. Deny the variance RECOMMENDATION · Staff recommends approval of the exaction variance for the relief from any additional ROW dedication requirement for I.O.O.F. ATTACHMENTS 1. Site Plan 2. Applicant's Letter 3. Planning and Zoning Commission Meeting Minutes 2 Prepared By: David Salmon, Assistant Director Engineering Respectfully submitted: Charles Fiedler Director, Engineering Attachment 2 - Applicant's Letter Mitchell Planning Group, L.L.C. .7823 Nine Mile Bridge Road Fort Worth, Texas 76135 (817) 237-4467- Office (817) 238-1444- Fax m tchellplannin.q~aot.com March 30, 2004 David Salmon, P.E. City of Denton 221 N. Elm Denton, Texas 76201 RE: Variance Request for 6f3 Bernard Street Dear Mr. Salmon: On behalf of my client, Ben Patton, I hereby request consideration for variances to the Denton Development Code regarding the above referenced property. Attached is the site plan that delineates the lot dimensions of 75' x 337'. As you can see, the site is an infill parcel situated between other muttifamily zoned tracts of land and is long and narrow in shape. In an effort to protect a number of large trees on our site along with providing increased landscape and open space, our site has been designed to have ingress/egress from Bernard only. We are not anticipating any of our traffic to utilize IOOF Street. Again, our development is quite small with only 15 units. Because of our limited design ability for this parcel, we are requesting a variance to the right-of-way dedication (Section 35.20.2.H.1.) and sidewalk requirement (Section 35.20.3.B.) for IOOF Street. Again, our site will have no access, other than a pedestrian access gate for emergency traffic, to IOOF Street and our ingress/egress will be to Bernard; therefore, our development will have very limited impact on IOOF Street. If you have any questions, please feel free to contact me to further discuss. Thank you for your assistance. Cc: Soraya Management, L.L.C. 03-30-04P04:25 RCVD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 5 6 7 8 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 t2 13 14 15 16 17 18 19 20 21 22 23 24 25 CondcnseltTM PROCEEDINGS COMMISSIONER MULROY: Good evening and welcome to tile Wednesday, April 14th, Planning and Zoning meeting for the City of Denton. We'll begin with the Pledge of Allegience. (Thereupon, the Pledges of Allegiance were recited.) COMMISSIONER MULROY: Thank you. I~n No. 2 will be consider approval of the minutes for the March 10th and March 24th meetings. COMMISSIONER ROY: MOVe approval. COMMISSIONER HOLT: secolld. COMMISSIONER MULROY: We have a motion by Nh'. Roy and a second by Ms. Holt. And Mr. Johnson, do you have a question, sir7 COMMISSIONER JOHNSON: Ygah. On the March 24th minules on page 4, and it's Item 4E. It has the item seconded by Watkins, Roy. And it was actually Watkins. So if you can make that change. COMMISSIONER MULROY: we'll get it corrected. We have a motion and a second and a co~xection. If there's no further questions or discussion, please, vote. Item carries 6-0. And I forgot to mention Mr. Powell will be absent with an excused absence tonight. Okay. Oar next Page 2 itmn, Number 3, the Consent Agenda. And I'm looking for a motion to ~nove A and B. COMMISSIONER HOLT: I move to remove 3A and B from Consent Agenda. COMMISSIONER MULROY: we have a motion by Ms. Holt. COMMISSIONER ROY: second. COMMISSIONER MULROY: second by Mr. Roy to remove Items A and B from file Consent Agenda. All in favor, please vote. Vicki, yours didn't punch. Okay. That cam'les 6-0. So now we'lt nccd an item for the remainder of tile Consent Agenda. And then we'll go back to those tWO. COMMISSIONER HOLT: I move approval of the ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 5 6 7 8 9 [0 11 12 13 14 15 Page 3 (COMMISSIONER MULROY LEAVES THE ROOM) COMMISSIONER ROY: we will now consider -- MS. PALUMBO: Before yea do something, the Commissioners -- since Bob Powell is not here who is our vice Chair, the rest of the Commissioners should move to appoint someone to Chair Items 3A and 3B. COMMISSIONER STRANGE: I nominate Joe Roy. COMMISSIONER JOHNSON: second. COMMISSIONER ROY: We don't have to vote on that, do we? MS~ PALUMEO: NO~ COMMISSIONER ROY: okay. We are going to consider Items 3A and B. And I believe we can consider these in one vote. We're open for a motion for approval of Items 3A and B on tile Consent Agenda. COMMISSIONER STRANGE: I move approval of Items 3A and B. COMMISSIONER HOLT: second. COMMISSIONER ROY; MOtiOn by Mr. Strange second by Ms. Holt to approve~ If there's no discussion, then I'm going to ask for a show of hands for the approval of tile motion for Itmn 3A and B. Motion is unanimous. And we'll ask our regular Chair to return to the podimn. COMMISSIONER MULROY: 'thank you, Mr. Roy and Commissioners. Page 4 We will now got to Item 4, individual considerations. 4A, final plats of Lot I through 6, Block A of the Brinkcr Crossing and Deborah Viera will present. MS. VIER& Good evening, Conmfissioners and Chairman. On September 25th, 2002, this Cormnission approved the final plat for lots one through six of the Brinker Crossing Addition. The subject approved plat have not been filed with the County at this point. At this time the applicant is proposing to revise the lot layout of the final plat, therefore, the applicant has two options at this point. Either file the existing approved plat with the County which makes the document as a permanent plat or to rccluest the reconsideration of the approved plat and Consent Agenda. COMMISSIONER sTRANGE: second. COMMISSIONER MULROY: We have a motion by Ms. Holt, second by Mr. Strange to approve file remainder of the Consent Agenda. If there's no discussion, please, vote. Motion carries 6-0. Okay. I will be abstaining from the next two individual items which wit1 be file i~ns we removed from the Consent Agenda. And my fellow Cmmnissloners will handle file meeting. 16 t7 18 19 :20 21 22 23 24 25 deny it and propose a new plat for file site. At this time staff is rcconunending to reconsider file approved plat approved on Septmnber 25th, :2002 the denial of the plat, and thc approval of the new final plat. COMMISSIONER MULROY: okay. Thank you, Deborah~ Let me see if I'm clear on that. You will need a motion to suspend the rules first, and then a motion to deny file plat and then we have a new plat ready to be approved the third motion? PLANNING AND ZONING APRIL 14TH, 2004 MINUTES Page 1 - Page 4 CondcnscltTM 1 2 3 4 5 6 7 8 9 lC) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 5 MS. VtERA: Yes. COMMISSIONER MULROY: okay. All right. Looking for a motion to suspend the rules. COMMISSIONER HOLT'. SO COMMISSIONER STRANGE: second. COMMISSIONER MULROY: Se~otld by Mr. Strange tO suspend lhe rules. If there's no discussion, please, vote. Motion carries 6-0. Now we will be looking for a motion to consider denial of the plat. COMMISSIONER STRANGE: SO n~.oved. COMMISSIONER HOLT: second. COMMISSIONER MULROY: Motion by Mr. Strange, second by Ms. Holt for denial. If there's no discussion, please, vote. Motion carries 6-0. Third item need a motion to consider approval of the new plat. COMMISSIONER HOLT; SO moved. COMMISSIONER STRANGE: S~cond. COMMISSIONER MULROY: Motion by Ms. Holt, second by Mr. Strange for approval. If there's no discussion -- Mr. Roy has a question. COMMISSIONER ROY: I'm not sure this is appropriate to make, but I'm going to do it anyway unless I get stopped. But I remember when the applicant came to Page 6 us for tile approval of that plat. We stood hem and we discussed the vegetation that was on that plot, especially the n'ees. They -- we compared that plot to the one next door to it, the gas station there and how riley had done a good job of saving the trees. The applicant committed to us to save some of the tt~s on the lot. Almost imanediately after we approved the plat, then went out and bulldozed the entir~ site. Sorry. But I just wanted to get that off my chest. But I think we have to -- I'm just not happy with this particular applicant and what they've done on that site, Thank you. COMMISSIONER MULROY: Thank you, Mr. Roy. Any further discussion? If not, please vote. Motion carries 6-0. Okay. We'll go to Item 4B, consider granting an exaction variance. And Mr. Kevin Roberts will present. MR. ROBERTS: Good evening, Commissioners, Chairman. Kevin Roberts, City of Denton, Engineering, 221 North Ehn. The proposed variance is -- the variance in question is for proposed Lots 1, Block A, Ivy Conunons, Right-of-way dedication for I.O.O.F Street. The property has dual fi'ontage on B~raard and on I.O.O.F. The applicant seeks relief from right-of-way dedication 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 7 requirements on I.O.O.F. They are no longer seeking relief from sidewalk requirements. Staff is in support of the variance. I'm here to answer any questions. The applicant is present. COMMISSIONER MULROY: okay. So then we're just iooklng at one recommendation. And that's for fl~e exaction variance from the right-of-way? MR. ROBERTS: correct. COMMISSIONER MULROY: And the sidewalk is no longer an issue? MR. ROBERTS: correct, COMMISSIONER MULROY: okay. Thank yml, Kevin. Any questions, Commissioners? And the applicant is here to answer any questions if need MS. MITCHELL: ~caren Mitchell, Mitchell Planning Group, 7823 Nine Mile Bridge goad in Fort Worth. Yes, sir. Pm here to answer any questions. I also have a couple of pictm'es of the street if you-all would cam to see it. If not, I'll be more than happy to answer any questions you may have. COMMISSIONER MULROY: Thank you, Ms. Mitchell. Any questions? If not, and there's no discussion, we'll be looking for a motion. COMMISSIONER JOHNSON: I'll move approval. COMMISSIONER ROY: sgcond, Page 8 COMMISSIONER MULROY: Motion by Mr. Johnson, second by Mr. Roy for approval of the variance concerning the right-of-way only. COMMISSIONER ROY: AS recmra~ended -- COMMISSIONER MULROY: AS reommnended by staff. COMMISSIONER ROY: -- by staff, COMMISSIONER MULROY: If there's no further discussion, please, vote. Item carries 6-0. PLANNING AND ZONING APRIL 14TH, 2004 MINUTES Page 5 - Page 8 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/ACM: May 4, 2004 Legal Department Herb Prouty SUBJECT Consider an ordinance approving an Amendment to Recreation Program Agreement between the City of Denton, Texas and Robson Development, LP dated November 4, 2003. BACKGROUND On November 4, 2003, City Council approved an agreement with Robson Denton Development, LP (Robson) granting an exaction variance to the Park Dedication and Development Fees requirements for neighborhood parks for Robson Ranch, PD-173. As part of that agreement, Robson was required to dedicate 16.875 acres of park land to the City of Denton free and clear of all liens and encumbrances no later than May 4, 2004 at a location acceptable to the City. Over the last six months, Parks and Recreation Department staff and Robson staff have worked together and have identified a tract within the Robson development adjacent to Lively Road. Platting requirements related to the transfer of this property to the City of Denton will extend beyond the May 4, 2004 deadline. Therefore, a six-month extension of this deadline is being requested as an amendment to the agreement. This extension would allow Robson until November 4, 2004 to dedicate the property. OPTIONS City Council may choose to approve the amendment to the agreement as proposed, deny the request, or direct staff to submit an altemative schedule. RECOMMENDATION Staffrecommcnds approval of this request to extend the May 4, 2004 deadline to November 4, 2004. ESTIMATED SCHEDULE OF PROJECT Robson would be required to dedicate the 16.875 acre tract to the City of Denton by November 4, 2004. PRIOR ACTION/REVIEW (Council~,Boards, Commissions) November 4, 2003 - City Council approved an ordinance granting an exaction variance to the Park Dedication and Development Fees requirements to Robson. October 4, 2003 - Parks, Recreation and Beautification Board recommended approvaI of the original variance request. September 24, 2003 - Planning and Zoning Commission recommended approval of the original variance request. FISCAL INFORMATION There Mil be no additional cost to the City of Denton related to the extension of this deadline. EXltlBITS Ordinance Amendment Prepared by: Ed Shy A~omey Respectfully submitted: Herbert Prouty, C~ty A~tomey S:\Our DocumentsXOrdinances\04kRobson Amendment Approval.doc ORDINANCE NO. AN ORDINANCE APPROVING AN AMENDMENT TO RECREATION PROGRAM AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND ROBSON DENTON DEVELOPMENT, LP DATED NOVEMBER 4, 2003; AND PROVDING AN EFFECTIVE DATE. THE COUNCIL OF THE C1TY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute on behalf of the City of Denton an Amendment to Recreation Program Agreement between the City of Denton and Robson Denton Development, LP, in substantially the form of the Amendment which is attached to and made a part of this ordinance for all purposes. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FOR3fi: AMENDMENT TO RECREATION PROGRAM AGREEMENT This Amendment to Recreation Program Agreement (the "Amendment") is entered into effective as of the 4th day of May, 2004, by and between the City of Denton, Texas ("City") and Robson Denton Development, LP, and Arizona limited partnership ("Robson"). WHEREAS, Robson and the City have entered into that certain Recreation Program Agreement dated effective November 4, 2003 (the "Agreement"), which was approved by City Ordinance No. 2003-365 ; and WHEREAS, the parties have entered into this Amendment for the sole purpose of extending the deadline for the dedication of parkland contained in Section 7 of the Agreement; NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein and in the Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Robson and City hereby agree as follows: 1. The May 4, 2004 deadline for dedication of parkland contained in Section 7 of the Agreement is hereby extended to November 4, 2004. and effect. All other terms and conditions of the Agreement shall remain in full force ROBSON DENTON DEVELOPMENT, LP, An Arizona limited partnership By: DENTON PROPERTY MANAGEMENT COMPANY, an Arizona corporation Its general partner By: Jim Poulos Vice President CITY OF DENTON, TEXAS BY: Michael A. Conduff City Manager Page 1 ATTEST: JENNWER WALTERS, CITY SECRETARY BY: APPROVED AS TO FO~g~ BY: v ~ ~ Page 2 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET May 4, 2004 Planning and Development Departmem Jon Fortune, Assistant City Manager SUBJECT A04-0001 (Longhorn Development) Hold the first of two public hearings to consider the voluntary annexation and service plan for approximately 63.32 acres of land generally located west of Swisher Road, north of Edwards Road in the east section of the City of DeNon extraterritorial jurisdiction (ET J). BACKGROUND Applicam: One Longhorn Land, LP Dallas, TX A volumary annexation proceeding is being considered by the City of DeNon for the Longhorn Developmem annexation. In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis" the annexation of areas in the ETJ when significam developmems are proposed. The subject property to be annexed is a portion of a larger tract which exists both within and outside of the city limits. On January 13, 2004, Rex Glendenning of One Longhorn Land LP, on behalf of property owner, Bonnie E. Coonrod, submitted a petition for voluntary annexation. On March 2, 2004, the applicam informed staff to withdraw the project from consideration. Subsequently, on March 9, 2004 the applicant asked that the project be reinstated for approval. The majority of the subject property is located in the extra territorial jurisdiction and is not zoned and is undeveloped at this time. The Comprehensive Plan idemifies this property to be within the "Neighborhood Cemers" land use designation. The applicam is proposing multi-family residemial developmem and a golf course. Property owners were notified of the voluntary annexation request. No responses have been received to date. OPTIONS 1. Maimain land area. 2. Delete land area. 3. Amend Service Plan. 4. Deny. RECOMMENDATION Staff recommends that the first public hearing for A04-0001 is held as scheduled, commems received; determine if additional information is needed. Staff recommends that the public hearings proceed as scheduled, finding that: 1. and pending The need to manage and coordinate developmem in an orderly manner is a significam city objective that the City of DeNon will pursue. The annexation tract also contains acreage designated as Environmentally Sensitive Area, which has very important water quality, flood control and natural habitat characteristics. The City of Denton Development Code sets forth standards for the preservation of these areas that act as a natural habitat. ESTIMATED PROJECT SCHEDULE The annexation process will be completed by July 20, 2004 (see Attachmem 4). PRIOR ACTION/REVIEW Application Date 1 st CC Public Hearing January 13, 2004 May 4, 2004 FISCAL INFORMATION Developmem of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvemems that are the responsibility of the city. ATTACHMENTS 1. Service Analysis 2. Location Map 3. Notification Map 4. Annexation Schedule 5. Draft Annexation Service Plan Prepared by: Stephen A. Cook, AICP Planning Policy Coordinator Respectfully submitted: Kelly Carpemer, AICP Director of Planning and Developmem Police ATTACHMENT 1 SERVICE ANALYSIS A04-0001 (Longhorn Development) Estimated average response time for this area based on current department conditions: Priority 7 minutes Non-priority 10 minutes Average 9 minutes Appropriate average response time in the city based on current department conditions: Priority 5.3 minutes Non-priority 8.2 minutes Average 7.2 minutes If annexed and developed as proposed will additional personnel be needed as a specific result of this proposal? No Will additional equipment and funding be needed to serve this area? No Will a police substation or other facility be needed to serve this area as a result of annexation and development? No 6. Please comment on the cumulative impact of annexation and development. There will be a negligible impact to general police services due to this annexation. At what population level would another police facility be required? We will not be able to support any further population adequately in our current facility. Is there an accepted facility/equipment to population ratio that can be used for planning purposes? There is no accepted facility or equipment ratio in use. Is there an accepted officer to population ratio that can be used for planning purposes? Approx 1.4 officers per 1000 in population Additional Comments: The City of Denton should be able to provide service immediately upon annexation. However depending on the cumulative effect of growth of other annexations, the city may require additional equipment and personnel in the future. En.qineerinq and Transportation What existing roads, bridges and other transportation facilities will be impacted by this proposed annexation and development in terms of needed improvements or upgrades? Name and location Swisher Road* Lakeview Blvd* Type of Improvement Possible widening, depending on Lakeview alignment Installation Approximate Cost Developer's Cost Developer's Cost Are any of these improvements presently scheduled to be done at state or federal expense? No. If yes, please identify facility and anticipated date improvements will begin. Will additional equipment and facilities be needed as a specific result of this annexation and development? No If yes, what type of equipment or facility? 4. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? N/A Is there an accepted equipment to population ratio that can be used for planning purposes? No. Is there an accepted employee to population ratio that can be used for planning purposes? No. Additional Comments: Final alignment of Lakeview Blvd has not been finalized. * Perimeter paving required by developer. Fire 1. Fire and Emergency Medical Services can be provided to the area from station(s) # 3&6, located at McCormick and Teasley. Estimated response time. 12 minutes Appropriate response time in the City. 5 minutes Is a new fire station approved in the ClP that could serve this area? Yes If yes, what is the ClP program year? 2005~2006 Will a new fire station be requested in upcoming ClP proposals to serve this area? _ No. If yes, when should this station be operational? Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. 3.3 million for the structure and equipment and 1.5 million for annual operating budget per station Please comment on the cumulative impact of annexation and development. At what population level would another fire station facility be required? No Is there an accepted facility/equipment to population ratio that can be used for planning purposes? No Is there an accepted fire fighter to population ratio that can be used for planning purposes? 1.5 firefighters per 1000 population Parks and Recreation What neighborhood park and recreational facilities are currently serving this area or are capable of serving this area if annexed and/or developed (federal, state, or local)? None are within the proposed annexation. The closest Denton Parks properties to the proposed annexation area are Briercliff Park, 1.85 miles, Denton Branch Rail Trail,l.5 miles, and Pecan Creek Preserve Open Space Park, l.3 miles and South Lakes Park, 3.5 miles. Current residents will be able to use existing City of Denton parks, facilities and programs. What projects and/or equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or similar standards? The 2000 Denton Park and Recreation Master Plan indicates a need for a Community Park in the general area of the proposed annexation. Service Standards: Neighborhood Parks: 2.5 acres per 1,000 population (to be dedicated at time of development) 5 acres minimum size. (by developer) cost per acre. Community Parks: 3.0 acres per 1,000 population 30 acres minimum How much additional funding will be needed for maintenance if additional park facilities are developed to serve this area? $172,700.00 Service Standard: Based on $3,454 (developed) cost per acre. How many additional personnel would be needed to properly serve this area if annexed and developed? Two Service Standards: 0.5 to 0.7 FTE additional personnel per 1,000 population (depending on type of service) $38,000 per year cost per additional personnel Additional Comments: Denton Parks and Recreation Department will coordinate placement of any park facilities proposed for development by the developer or use funds from the Park Land Dedication requirements to purchase or expand existing parks within the service area of this development. Library Estimated additional funding needed strictly based on proposed annexation and development. None. Please comment on the cumulative impact of annexation and development. There will be no immediate impact on library services with this proposed annexation and development. 3. At what population level would another library facility be required? 95,000 Is there an accepted circulation to population ratio that can be used for planning purposes? Accepted average is 6.34 items circulated per capita. Is there an accepted employee to population ratio that can be used for planning purposes? MLS Professional Librarian per 1,000 of population or .11 and Full-Time Equivalent Staff per 1,000 of population or .46:2 If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? Yes, anticipated service demands can be met. If not, how many additional employees and what type of facilities and materials will be needed to provide services? N/A Solid Waste Is residential solid waste service available to the proposed area for annexation? The proposed development would not require residential solid waste service. Is commercial solid waste service available to the proposed area for annexation? Yes. What is the estimated cost to provide this area with solid waste service? Equipment and Maintenance: Personnel: Dependent on service level required Dependent on service level required What is the typical revenue collected per: Household: Not Applicable Commercial Business: Dependent on size and service frequency of the container requested. Will additional equipment be needed to serve this area if annexed or developed? Type of Equipment: No Cost of Equipment: Not Applicable Will additional employees be needed to serve this area if annexed or developed? Type of Employees: No Number of Employees: Not Applicable Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Not Applicable. Is there an accepted equipment to population ratio that can be used for planning purposes? No. Is there an accepted employee to population ratio that can be used for planning purposes? No. Water/Wastewater What is the nearest City of Denton water line? Size of water line. 12" Water line under construction Location of water line. approx. 2000 feet south of the south Distance from proposed annexation, property line on Swisher Road What is the nearest City of Denton sewer line? Size of sewer line. Parallel 21" and 24" sewer mains approx. Location of sewer line. 260'-360' northwest/north of the Distance from proposed annexation, northwest property corner According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. Size Year Location Water lines None Proposed Sewer lines None Proposed Are there any City of Denton lines included in the proposed annexation? No water or sewer mains are in the annexation area 6. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? 18,750 Is there an accepted equipment to population ratio that can be used for planning purposes? One crew per 18,750 population Is there an accepted employee to population ratio that can be used for planning purposes? One employee per 5770 population Additional Comments: Drainaqe Please list any drainage improvements that may require local funding, and include estimated cost (if no specific improvements can be determined, please make general comments concerning drainage). Annexation will not require any publicly funded drainage improvements. There is a hill near the center of the tract and the site runoff originating on the site will flow in all directions. The predominate drainage feature on this site is an existing swale that drains northward onto the adjacent property and into PEC-1, a major tributary of Pecan Creek. The entire site is within the Pecan Creek watershed. 2. Will additional equipment and facilities be needed as a specific result of this annexation and development? No. If yes, what type of equipment or facility? 3. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? N/A Is there an accepted equipment to population ratio that can be used for planning purposes? N/A Is there an accepted employee to population ratio that can be used for planning purposes? N/A ]0 Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? 4,200' to intersection of Pockrus Page Road & Swisher Road, overhead on the south side of Pockrus Page Road, 795 aluminum overhead (main line) 2,700' to Timber Apartments on Edwards Road, underground on the north side of Edwards Road, 500 MCM copper underground (main line) 2. What type of lines and facilities would be required to serve this area? Main line from Pockrus Page Road in future Lakeview Boulevard rights-of-way. 3. Are any new lines or facilities proposed for construction to serve this area? Main electric line along future Lakeview Boulevard rights-of-way or adjacent easements. 4. Are there any potential responsibilities if this area is annexed? 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? N/A Is there an accepted equipment to population ratio that can be used for planning purposes? N/A Is there an accepted employee to population ratio that can be used for planning purposes? N/A Additional Comments: DME will build facilities as required to provide electric service to this development once rights-of-way and easements have been dedicated. Electric service will be per Denton Municipal Electric commercial requirements. Denton Independent School District School services are currently provided by: Denton I.S.D. - Schools serving area: · Pecan Creek Elementary · Crownover Middle School · Ryan High School If annexed, can anticipated service demands be met using existing materials, facilities and personnel? The NRMU-12 zoning will yield 660 multi-family units. The projected student population is estimated to be 275 - 330 students (165-190 elementary, 50-90 middle school, 30-50 high school). Building type, rent/lease rates, income level and population (family/retired) will impact student yield. Projected growth in the southeastern portion of DISD may require an elementary school by 2008-09. Elementary - Middle - Hi.qh - DISD is currently in pursuit of a future elementary school site in the southeastern portion of the district to accommodate student growth. Students may be served with existing facilities and personnel. Students may be served with existing facilities and personnel. If not, how many additional employees and what type of facilities and materials will be needed to provide services? Elementary School Staffin.q: 75 Facilities & Materials: · Proposed Property Purchase Price $ 600,000 · School Construction Cost $17,980,000 4. Estimated additional funding needed strictly based on proposed annexation and development. School bond initiatives will be required to finance the construction of future school facilities. Will projected school taxes from this development provide that additional funding? Commercial Development west of proposed school site would provide additional tax revenues. Amount will be based on type and scope of commercial development. Please comment on the cumulative impact of annexation and development. This proposed annexation and development is located in the southeast portion of Denton I.S.D. DISD is one of the top three fastest growing school districts in North Texas. The district has a current enrollment of 15,950 and will increase to 31,000+ by 2013. At what population level would school facilities be required for the City of Denton? New facilities are designed to accommodate the following: Elementary- 650 Student Functional Capacity Middle- 1,000 Student Functional Capacity High - 2,000 Student Functional Capacity Is there an acceptable employee to population ratio that can be used for planning purposes? Elementary- 22 Students per Teacher Middle - 28 Students per Teacher High - 28 Students per Teacher ATTACHMENT 2 Location Map A04-0001 (Longhorn Development) NORTH City of Denton SITE City of Denton City of Denton LOCATION MAP Scale: None ATTACHMENT 3 Public Notification NORTH Notification Map 500 City o'~ Benton City of Denton Public Notification Date: April 23, 2004 200' Legal Notices* sent via Certified Mail: 500' Courtesy Notices* sent via 1st Class Mail: Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 0 · Neutral: 0 2 11 Scale: None *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 14 Property Owner Responses Property Owner Name In favor and Address /Opposed* Comments *A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 4 ANNEXATION SCHEDULE A04-0001 Longhorn Development Tuesday, 05~04~2004 Tuesday, 05/18~2004 Wednesday, 05~26~2004 Tuesday, 06~08~2004 Tuesday, 07/20/2004 City Council conducts first public hearinq. · Public notice must be no less than 10 days and no more than 20 days before public hearing. [] Annexation Study prepared and available for public review. [] Service Plan prepared and available for public review. City Council conducts second public hearin.q. · Public notice must be no less than 10 days and no more than 20 days before public hearing. Planning and Zoning Commission public hearings - make a recommendation to City Council regarding the proposed annexation and the proposed zonin,q. City Council by a four-fifths vote institutes annexation proceedings. First readinq of annexation ordinance. · Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. City Council by a four-fifths vote takes final action. Second readinq and adoption of the annexation ordinance. City Council considers approval of zoning request. · Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings (adopts ordinance on 1st reading). 16 ATTACHMENT 5 CITY OF DENTON DRAFT SERVICE PLAN FOR A04-0001 (Longhorn Development) i. AREA ANNEXED The annexation area is located in the northern portion of DeMon's Extraterritorial Jurisdiction and comains approximately 63.32 acres generally located west of Swisher Road and north of Edwards Road. ii. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Governmem Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maimenance available in other parts of the city with similar topography, land use, and population density. iii. AD VALOREM (PROPERTY OWNER) TAX SERVICES Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipmem. If annexed and developed as proposed, additional personnel and equipmem will not needed. Code enforcemem and animal comrol services will also be provided to the property upon the effective date of the annexation. Fire Protection Fire protection (within the limits of existing hydrams) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 12 minutes, which is similar to responses for surrounding properties within the city limits. The City of Demon will provide emergency medical services ("EMS"). Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices 17 will be maimained by the City of DeNon on the effective date of the annexation. Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. DeNon neighborhood park facilities are located within reasonably close distance of the proposed annexation area. Residems of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maimained throughout the city. Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maimained throughout the City. Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. Planning and Development Services Planning and developmem services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of Denton Developmem Code, Chapter 35 of the Code of Ordinances, concerning subdivision and land developmem regulations. City Council adopted The DeNon Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ET J, and the subject tracts comain Neighborhood Cemers and 100 year Floodplain/ Environmentally Sensitive Areas. The Denton Plan designates future land uses to manage the quality and quamity of growth by organizing the land use patterns, by matching land use imensity with available infrastructure, and by preserving floodplains as environmemal and open space corridors. The DeNon Plan will be used as a basis for final zoning classifications after the properties are annexed. IV. UTILITY (RATEPAYER) SERVICES 18 A. Solid Waste Collection The City of Demon is the exclusive residemial and commercial Solid Waste service provider within Demon's city limits. The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of Demon Solid Waste Departmem is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. To request Solid Waste collection services, please telephone the City of Denton Customer Service Department at 940-349-8210 and submit an application to initiate service. To obtain City of Denton Solid Waste schedule, service, and rate information, please telephone the Solid Waste Customer Relations office at 940-349-8787. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Relations prior to being provided services. Commercial Services Multi-family living units and the golf course facilities are provided solid waste collection services using commercial containers. Containers are available in a variety of sizes utilizing both from load and roll off service. Collection frequencies will be established based on the comainer size selected and the waste volume generated. The most economical service is obtained by requesting the largest container available for the area, with the least amoum of collection services possible. All refuse placed in the comainer for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed will not be collected. Refuse placed outside the comainer is subject to code enforcement regulations, including potential fines. Commercial recycling services may be available for specific volumes and types of materials. Please contact the Solid Waste Recycling Division at 940-349-8054 to discuss the potemial for the City to provide commercial recycling services and to obtain recycling rate information. The construction and service requirements provided in the Denton Developmem Plan apply for all new developmem. For specific solid waste questions concerning commercial services or construction issues, please contact the Solid Waste Department at 940-349-8069. Landfill Service The City of Demon Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For disposal information and rates, please contact the Landfill Office at 940-349-7510. 19 Water/Wastewater Facilities The area lies within the City of DeMon's Certificate of Convenience and Necessity (CCN) service area for both water and wastewater service. The nearest available water lines that could be extended by the developer to serve the property are an 12" waterline under construction approximately 2000 feet south of the southern property line of the proposed annexation. Parallel 21" and 24" sewer mains are approximately 260' - 360' northwest/north of the northwest property corner. Computer modeling of the wastewater system will provide the means necessary to accommodate all of the wastewater flows in the existing sewer system downstream of the development. Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will begin upon the effective date of the annexation using existing personnel and equipmem. The City shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably comemplated or projected in the area. Drainage Services Drainage maimenance will be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably comemplated or projected in the area. Electrical Services Denton Municipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maimained throughout the city. DeNon Municipal Electric is the current electric service provider for this site. OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the 20 VI. VI. VII. annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. CAPITAL IMPROVEMENTS PROGRAM (CiP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land use, and population density. Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 ½) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics of topography, land use, and population density. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. TERM This service plan shall be valid for a term of ten (10) years. service plan shall be at the discretion of City Council. Renewal of the Viii. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). 21 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: May 4, 2004 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - Z03-0033 (The Preserve at Pecan Creek) Hold a public hearing and consider making a recommendation to City Council regarding the Detailed Plan for Planned Development 132 (PD-132). The approximately 229.1 acres of land is located on the east side of Swisher Road, approximately 900 feet north of Chaparral Court. Residential and retail uses are proposed. The Planning and Zoning Commission recommends approval of the request (6-0). BACKGROUND Applicant: Goodwin & Marshall, Inc. Forth Worth, Texas The applicant is requesting approval of a Detailed Plan for Planned Development 132 (PD-132). The applicant is proposing 701 residential lots and 2 non-residential lots. The proposed development includes Sections F, H, I, J, K1, L, M, N, O & P. These sites are currently undeveloped and adjacent to existing Sections A, B, D & G. OPTIONS 1. Approve as submitted. 2. Approve with conditions 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of the request (6-0; Commissioner Powell absent). ESTIMATED PROJECT SCHEDULE The subject property is not platted. Preliminary and final plats are required prior to issuance of building permits. PRIOR ACTION/REVIEW The following is a chronology ofZ03-0033, commonly known as the Preserve at Pecan Creek: April 14, 2004, Planning & Zoning Commission recommends approval (6-0; Powell absent) regarding the Detailed Plan for Planned Development 132 (PD- 132). The subject property was designated as Planned Development 132 (PD-132) zoning district by Ordinance 88-166. An amended Concept Plan for PD-132 was approved November 17, 1998, by Ordinance 89-394. The Detailed Plan for Sections A, B, D & G was approved November 17, 1998, by Ordinance 98-395. ATTACHMENTS 1. Staff Analysis 2. Location/Zoning & Land Use Maps 3. Notification Map & Information 4. Site Photos 5. Proposed Detailed Plan 6. Approved Concept Plan for PD-132 (Ordinance 89-394) 7. Special Exception Letter Larry Reichhart, Assistant Director of Planning and Development 8. April 14, 2004, Planning & Zoning Commission Meeting Minutes (Z03-0033) 9. Draft Ordinance Prepared by: Chris Fuller Planner I Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The applicant is requesting approval of a Detailed Plan for Planned Development 132 (PD-132) for 701 residential lots and 2 non-residential lots. The proposed Detailed Plan is in conformance with the approved Concept Plan. Adiacent Zoning North: Neighborhood Residential 2 (NR-2) South: Extraterritorial Jurisdiction (ET J) West: Planned Development 132 (PD- 132) & Extraterritorial Jurisdiction (ET J) East: Extraterritorial Jurisdiction (ET J) Comprehensive Plan Analysis The subject site is located within the "Neighborhood Centers" future land use area. These areas may develop in conventional patterns or may be developed in a pattern of 'neighborhood centers'. Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. The proposed zoning change is in compliance with the approved Concept Plan. Development Review Analysis The Detailed Plan for the Planned Development 132 (PD-132) zoning district allows for the development of residential and non-residential lots. The following chart illustrates the land use categories for the proposed Detailed Plan (See Attachment 5): Land Use Chart Section Acreage Land Use Number of Lots Density F 36.5 Flood Plain 2 N/A H 26.2 SF Residential 95 3.6 Lots / Acre I 8.9 SF Residential 34 3.8 Lots / Acre J 6.3 Retail 1 N/A K1 2.3 Retail 1 N/A L 15.4 SF Residential 79 5.1 Lots / Acre M 14.0 SF Residential 46 3.3 Lots / Acre N 57.0 SF Residential 282 5.0 Lots / Acre O 44.1 SF Residential 133 3.1 Lots / Acre P 17.5 SF Residential 32 1.8 Lots / Acre The following chart identifies the total number of lots/units proposed by the Detail Plan and allowed in the Concept Plan: Proposed Detail Plan Concept Plan Section Number Density Section Number Density of Lots ~er Acre of Units }er Acre H 95 3.6 H 97 4.2 I 34 3.8 I 64 4.2 L 79 5.1 L 106 7.0 M 46 3.3 M 114 6.4 N 282 5.0 N 248 4.9 O 133 3.1 O 115 2.6 P 32 1.8 P 58 2.6 Total: 701 Total: 802 The Detail Plan proposes 101 fewer lots than the maximum number of lots allowed by the Concept Plan. Although the property contains Environmentally Sensitive Areas (ESA) Upland Habitat the applicant was granted a Special Exception with the Adoption of the Development Code (Attachment 7) and the ESA requirements (retaining 50% of the upland habitat) do not apply to this development Staff Findings The proposed amended Detailed Plan is consistent with the approved Concept Plan for Planned Development 132. Staff Recommendation Based on above findings staff recommends approval of the requested Detailed Plan Amendment for Planned Development 132. ATTACHMENT 2 Location/Zoning Map NORTH Land Use Map 500' Notification Line 200' Notification Line ATTACHMENT 3 Notification Map SITE NORTH Scale: None Public Notification Date March 23, 2004 200' Legal Notices* sent via Certified Mail: 1'* Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 0 · Neutral: 0 **Properties within 200 feet owned by Preserve at *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 4 Site Photos ATTACHMENT 4 (CONTINUED) Site Photos Attachment 5 ILl I i RESI~EhtTIAL I I__ RE Attachment 6 R£EIDE).'TIAL RF..SlD F.N'TfA/ I' CONCEPT PLAN THE PRESERVE, DENTON, TEXAS · 221 N. ELM [] DENTON, TEXAS [] 76201 [] 940.349.8350 [] FAX940.340.7707 PLANNING AND DEVELOPMENT DEPARTMENT December 31, 2003 Mr. Matt Goodwin, PE Goodwin and Marshall Inc. 6001 Bridge Street, Suite 100 Fort Worth, TX 76112 RE: Preserve at Pecan Creek Dear Mr. Goodwin, When the Development Code was adopted, Planned Development 132 (PD-132, The Preserve), was granted a Special Exception (Section 35.1.5B). As such, the Environmentally Sensitive Areas (ESA) regulations that were also adopted with the Development Code do not apply to the future development of PD- 132. Although the ESA regulations were not in effect when the Preserve was originally designed and approved, the developers went to great effort to preserve open space, floodplain and trees and incorporate those amenities into the community. As you mentioned, the intent for the future phases is to preserve as many trees as possible. Although "not required", I believe, that same commitment to the preservation of the environment will enhance the approval of future Detailed Plans, especially in light of the communities recent efforts to adopt a tree preservation ordinance. If you have any questions or require additional information please do not hesitate to contact me. Sincerely, Larry RLA, AI~P Assistant Director of Planning and Development CC: File "Dedicated to Quality Service" www. cityofdenton.com CondcnsoltTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 73 ~t~-3 in this location and this is where our Central Park is going to be. This is -- I consider this to be more of a clean-up application because we have this reamant piece of NR-3. And with that, we'd respectfully request approval of the NR-~ in this location and Pm here to answer any questions you may have. COMMISSIONER MULROY: ^ny questions, Conmtissioners? If not, thank you, Mr. Dahlstrom. We have no requests from the public to speak. And we'll have no rebuttal. I'm closing the public hearing. It will be open for a motion or discussion. Mr. $ohnson. COMMISSION.ER JOHNSON: vi1 move approval of mzoning this to the section NR-6 frolll NR-3. COMMISSIONER HOLT: sgcolld. COMMISSIONER MULROY: We have a motion by Mr. Johnson, second by Ms. Holt for approval. If there's no further discussion, please vote. Motion carries 6-0. Okay. The remaining item under public hearings E, is amending a detailed plan for eD NO. 132. Mr. Fuller will present. I'm opening the public hearing. MR. FULLER: ~rhank you. Good evening. The applicant is requesting approval of the detail plan for Planned Development 132. This is one of the few planned development units that did not change zoning with the adoption of the new zoning in 2002. The applicant is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 75 Hotllgan Group to work with us on that. I think it was a vary good working relationship between the staff and the Council and the neighbors and the homeowners. And so we got that settled, thank goodness, several months ago. So we submitted the detailed plan, but we couldn't have done it before because we didn't know what the alignment was, so this now finalizes the alignment, finalizes the detailed plan and it's basically in conformance with everything we had on tile PD~ so with that, I'll -- I'll answer any questions. COMMISSIONER MULROY: Mr. Roy. COMMISSIONER ROY: SO this will finish your PO-132? MR. HOPKINS: YeS, sir. Yes, sir. This completes on through the finality of the project. COMMISSIONER ROY: Thank you. COMMISSIONER MULROY: Any further questions? If not and we have no public speakers, there will be no rebuttal -- yes, sir. You may come down. We'll be very generous tonight. Normally, we would just insist on a card, but if you will make it brief and to the point, we'll -- give us your name and address, sir. MR. FAIRLEIGH: My name is Chris Fairleigh. I live at 158 Chaparral Estates, Shady Shores. And in regards to this proposed development 132, I would have two Page 74 proposing 701 residential lots and two non-residential lots. The proposal is in conformance with the concept plan. The proposed development site is currently undeveloped and is adjacent to developed properties already existing on the site and that are also in compliance with the concept plan. Staff recommends approval of the requested detailed plan. Thank you. COMMiSSiONER MULROY: IS the applicant here? MR. FULLER: Yes, he is. COMMISSIONER MULROY: would you like to present or answer any questions? MR. HOPKINS: Good evening. My name is Dan Hopkins, 9441 [~J Freeway in Dallas. This application is just a continuation of our development into the final phases. We've actually delayed the application for almost two years while we've sorted out the alignment of Lakeview Boulevard. And thc -- we took a very aggressive approach with the Boulevard and I think tile last time we talked, we agreed to dedicate some -- not only platled, but constructed lots to file City to allow for the right-of-way to be realigned after a tremendous expense on our part. But we thought it was probably the best for the City and tile best for us. And we appreciate the cooperation of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 t7 18 19 20 21 22 23 24 25 Page 76 requests for the Council -- Commission to consider in regards to this amendment. Number one, that the south border of this development, F and I, it not be accessible from Shady Shores, in other words, from Meadowlark heave or Chaparral or from Swisher to the south. In other words, they'd only be accessible from the -- from Lakeview Boulevard from the west. My second proposal request for consideration is again on the south side of this development where it borders the Chaparral Estates Development. This is an old development, 30 plus years~ The homes am one acre -- are situated on one acre or larger lots, 2,500 square feet or larger homes, and we ask that the Conunission consider neighboring or bordering property in this proposed site be transitional at best. In other words, that it not be just go immediately into high density homes. And that's -- I'll submit these for your consideration. COMMISSIONER MULROY: ^11 right. Thank you, sir. MR. FAIRLEI~H: Thank yOU. COMMISSIONER MULROY: okay. Would the applicant like ~o rebut? And the transportation issues would be -- the transportation issues would be platting and we really can't address it. PLANNING AND ZONING APRIL 14TH, 2004 MINUTES Page 73 - Page 76 CondenseltTM 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 t9 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 L0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 77 MR. UOPmNS: YOU know, we'd just basically adhere to what is requested. My only take on it is, you know, we tried to get away from isolationism -- is that a con'ect word -- and create some sot~ of thoroughfare and some sort of connectNity. And I would suggest -- and let's go back to this. I apologize. My whole file is sitting on my desk and so I'm having to borrow staff's here. But one of the -- let's see if I can figure out which one this is. No, that's the wrong one. Excuse me for a second. The -- thel~ is a mad the gcntlcunan relaTed to along the east side of the property. I may have to ask for his display here in a second. Yeah, here it is. This is a -- this down here at this southeast corner is a gravel road. Now, I've talked to the Mayor of Shady Shores. Can you get down farther -- yeah, to this comer right here. I've talked to the Mayor about that and ultimately, she would like to have that road improved, the Mayor of Shady Shores, Olive Stephens. And so, you know, there is some continuation on over here and continuation down here to the southeast corner that will pick up that road to take it back down to Shady Shores. I would be very hesitant to isolate this whole development and not have access from a fire Page 78 standpoint, you'd want two fonus of access, and I -- because this bridge is your only form of access over to dfis whole subdivision. So if you block these off, then you just are stuck with one source. And I think the Iransportation and the fire deparlanent have problems. To tell you the truth, if that's what happcx~ed, it would be staff recormnendation. My personal recommendation would be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 79 COMMISSIONER MULROY: okay. I want to close the public hearing and we'll be open to discussion or a motion. Mr. Roy. COMMISSIONER ROY: I guess I'm not quite sure about this connectivity aspect of it. But it looks like right now it's just tllose roads are just going to end up nowhere until some development comes along, but my understanding is that this is nothing knew for this Pr). And what they're asking for is consistent with what has becn previously approved. And I can undc'rstand the concern or the issue of the lot size, but, again, this has something that's been approved for I'm going to guess years in the past. So I don't think we're being asked to approve fl~ose aspects now so -- I'm going to move approval of this plan as recolmnended by staff. COMMISSIONER MULROY: I have a motion by Mr. Roy-- COMMISSIONER STRANGE: second. COMMISSIONER MULROY: -- and a second by Mr. Strange. If there's no further discussion, pIease vote. Motion carries 6-0. no, and, you know, and the second issue was -- COMMISSIONER MULROY: Density. MR. HOPKINS: -- the depth of the lots, is that transitional -- I'm sorry. MR. FA[RLE[OH: In other words, you have high density lots adjacent to the one acre -- MR. HOPKINS: well, ye~, sir. I sec what you're saying there. You know, these lots are basically the same density that's been in place since day one. And I would -- I would hesitate to put larger lots ia this density just due to thc nature of what we're trying to configm,e for the rest of thc project. So I think we've butted up against other lots in the development that are Large acreage lots and we haven't had any issues with valuations or, you know, neighborhood issues so I would ask that we hold our line on that one. COMMISSIONER MULROY: Thank you very much. MR. HOPKINS: YeS, sir. 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 80 PLANNING AND ZONING APRIL 14TH, 2004 MINIJTES Page 77 - Page 80 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF A DET^r~,ED PLAN FOR 229.1 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 132 (PD- 132) ZONING DISTRICT; THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF SWISHER ROAD, APPROXIMATELY 900 FEET NORTH OF CHAPARRAL COURT IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0033) WHEREAS, on November 17, 1998, by Ordinance 98-394, the City Council approved a Concept Plan for approximately 427.6 acres of land for Planned Development 132 (PD- 132) zoning district; as more particularly described therein; and WHEREAS, on April 14, 2004, Parliament Bluffs, Ltd. Applied to provide a Detailed Plan for 229.1 acres of land located within PD~132 and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property"), said Detailed Plan n being on file in the offices of the City's Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit "B" (the "Detailed Plan"); and WHEREAS, on April 14, 2004, the Planning and Zoning Commission recommended approval of the Detailed Plan; and WHEREAS, the City Council lrmds that the Detailed Plan is consistent with the approved Concept Plan for PD~132; NOW, THEREFORE THE COUNCIl, OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 1. Ordinance No. 98-394 providing for the approval of an amended Concept Plan for the Planned Development Zoning District Classification and Use Designation for the property described as PD-132 is amended by approving the Detailed Plan for the Property. SECTION 2. The provisions of this ordinance as they apply to the Property, shall govern and control over any conflicting provisions of Ordinance No. 98-394, but all the provisions of ordinance No. 98-394, that are not in conflict with ordinance or as they apply to that remaining portion of the district not herein amended, shall continue in force and effect and shall apply to the remainder of said district. SECTION 3. The City's official zoning map is amended to show the approval of the Detailed Plan. SECTION 4. Any person violating any provision of this ordinance shall, upon convidtion, be Page 1 fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days fi.om 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 (10) days of the date of its passage. 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: Page 2 Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A W~Y a~ LCT ~0% ~..O8ff- ~, LO'T ~, ~)Ct~ ~,~ L,9~ ~ ~v,(~ aa a ,.~r a, Exhibit A Exhibit A Exhibit A 927, Exhibit B f Exhibit B * ! .1 ","3, AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET May 4, 2004 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - Z04-0012 (Flowers Baking Company) Hold a public hearing and consider adoption of an ordinance zoning approximately 19.51 acres of land to the Regional Center Commercial Downtown (RCC-D) zoning district. The site is generally located north of Pockrus Page Road, east of Mayhill Road, and south of Edwards Road. The applicant is not proposing to develop the property at this time. The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicant: Flowers Baking Co. of Denton, LLC Denton, TX The applicant, Flowers Baking Co. of Denton, LLC, petitioned for the voluntary annexation of approximately 19.51 acres of land into the Denton Corporate City Limits. (A03-0003) The subject zoning application is for the 19.51 acres of land annexed into the City. The applicant is requesting a Regional Center Commercial Downtown (RCC-D) zoning designation. Public notification information is provided in Attachment 3. As of this writing, staff has not received any written responses in opposition to the request from property owners within 200 feet of the subject site. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of the zoning request. (6-0, Holt absent). ESTIMATED PROJECT SCHEDULE The subject property is not platted. A final plat is required prior to the issuance of any building permits. PRIOR ACTION/REVIEW Application Date P&Z Public Hearing Annexation Ordinance Approved November24,2003 March 10,2004 May 4, 2004 FISCAL INFORMATION The development of this property will require responsibility of the city. no short-term public improvements that are the ATTACHMENTS 1. Staff'Analysis 2. Location Map 3. Public Notification 4. March 10, 2004, Planning and Zoning Commission Minutes 5. Draft Zoning Ordinance Prepared by: Chris D. Hatcher, AICP Planner II Planning and Development Respectfully submitted: Kelly Carpenter, AICP Director, Planning and Development ATTACHMENT 1 Staff Analysis Summa~ of Zoning Request The subject property is located within the "Regional Centers" Future Land Use designation. The applicant is requesting that upon annexation, the 19.51-acre site be zoned to Regional Center Commercial-Downtown (RCC-D). Existing Condition of Property The subject property is not zoned or developed at this time. Adjacent zoning and land uses. Neighborhood Residential Mixed Use-12 Future Multi-Family and golf North (NRMU-12) and Extraterritorial Jurisdiction course development and vacant (ET J) land Regional Center Commercial-Downtown South (RCC-D) and Neighborhood Residential-6 Undeveloped (NR-6) East Extraterritorial Jurisdiction (ET J) Single Family and Undeveloped West Regional Center Commercial-Downtown Commercial uses (RCC-D) Comprehensive Plan Analysis The subject site is located within the "Regional Mixed Use Activity Centers" future land use designation. For a regional activity center, the focus area contains the shopping, services, recreation, employment, and institutional facilities supported by and serving an entire region. A regional activity center could include a regional shopping mall, a number of major employers, restaurant and entertainment facilities, a large high school or community college, and high-density housing. A regional activity center is considerably larger and more diverse in its land uses than both the Community Mixed Use Activity Center and the Neighborhood Mixed Use Activity Center. It includes vertically integrated uses where different uses may occur on each floor of the building. The proposed zoning request is in compliance with the Denton Plan. Development Review Analysis Transportation The applicant is not proposing to develop the site at this time. Future development of the property may require a traffic impact analysis depending on number of trips generated by the development. 3 Development Code/Zoning Analysis The requested zoning designation for the subject property is Regional Center Commercial -Downtown (RCC-D). The RCC-D zoning designation will allow for the creation of activity centers including shopping, services, recreation, employment and institutional facilities supported by and serving an entire region. STAFF RECOMMENDATION Staff recommends approval of Z04-0012 based on the following finding: The requested zoning designation is in compliance with the policies of the Denton Plan. 4 ATTACHMENT 2 Location Map NORTH Limits ETJ Scale: None ATTACHMENT 3 Public Notification NORTH Notification Map Scale: None Newspaper Notification Date: April 18, 2004 Percent of land within 200' in opposition: 0% 200' Legal Notices* sent via Certified Mail: 4 500' Courtesy Notices* sent via 1st Class Mail: 4 · In Favor: 0 · Opposed:0 · Neutral: 0 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 5 6 7 8 9 i0 11 12 13 14 15 16 i7 18 19 20 21 22 23 24 25 Page 4I COMMISSIONER MULROY: we'll now go to I~n 4B, that's voluntary annexation for 19.51 acres of land, I will open the public hearing and Mr, Hatcher will present. MR. HATCHER: Mr. Chair, Members of thc Planning and Zoning Con,mission, my name is Chris Hatcher, Planning and Development Departmeot. The applicant, Flowers Baking Company of Den[on has submitted a petition to voluntarily annex 19,51 acres of land located north of Pockrus Page, east of Mayhill and south of Edwards Road in the southeastern section of the City's Extraterritorial jurisdiction into the corporate city limits. The applicant is not proposing any development at this time. If annexed the applicant has requested thai the property be zoned regional center co]mncrcial downtown. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 No letters of opposition have been submitted for the annexation or lhe zoning, Staff reconunends approval of the annexation petition and if annexed, staff also recmmnends that the property receive the regional center conuuercial downtown zoning designation. I'll remind the Co~mnission again that separate motions are required for each of these itmns. And that is my presentation. Do you have any questions? COMMISSIONER MULROY: Any questions of Mr. Hatchm'? If not, is the applicant -- Page 43 COMMISSIONER ROY: Excuse me. Yes, west of the site is RCCD. SO we're just extending the RCCD a little bit more? MR, HATCHER: YeS, sir. COMMISSIONER ROY: And that ETJ section [o the east of it -- MR. HATCHER: Yes~ sir. COMMISSIONER ROY: -- that's still ETJ; that's not City property? MR. HATCHER: That portion is actually a portion -- it's the portion of tile last case that we heard, They are proposing to annex and zone that -- it's in an "L" shape, that site, to NR-6, The northern half of that portion is labeled ET J, that will rennin outside --in the ~TJ outside of file City limits. 16 17 18 19 20 21 22 23 24 25 pushed. COMMISSIONER ROY': okay. Thank you. COMMISSIONER MULROY: okay. If there's no fmxher questions of Mr. Hatcher, is the applicant here and does he wish to present? MR, HATCHER: NO, I do not believe tile applicant is present tonight. COMMISSIONER MULROY: okay. Do we have any citizens desiring to speak -- MS. CARPENTER: [ really think she means 4D, but she wrote 4B, so -- Page 42 COMMISSIONER POWELL: l'm sorry, sir. COMMISSIONER MULROY: GO ahead, Mr. PoweH. COMMISSIONER POWELL: My button is now COMMISSIONER MULROY: O0 ahead, Mr. PowcI1. COMMISSIONER POWELL: This is "- this is pretty high zoning for this property. And it's obviously not down[own, why are we doing this? Help me out here, MR. HATCHER: This property is on the eastern boundary of an existing regional center co~mnercial i 2 3 4 5 6 7 8 9 i0 downtown zoning district. The applicant, Flowers Bakery, has purchased the old Andrew Corp. facility and they are going to renovate that and move their operations into that facility, COMMISSIONER POWELL: YOII~Ve answered my question. Thank you very much. COMMISSIONER MULROY: Any further questions of Mr. Hatcher? Mr. Roy. COMMISSIONER ROY: JllSt make sure I understand. I couldu't find my copy of tile map in the backup package. It's unreadable. So to the -- ditectly to file cast of this site is RCC~ and that's what this site is proposed to be, acc~? MR. HATCHER: YeS, sir. West of the site, sir. Page 44 COMMISSIONER MULROY: okay. Thank you, Kelly. Ms. Jennifer Calfee. We have you down for 4B. Did you mcan "4D" Delta? MS, CALFEE: D, COMMISSIONER MULROY: Delta? Okay. Thank you. Thank you, Kelly. We have no citizens desiring to speak. I'm going to close the public hearing and entertain discussion or a motion reminding that we need two separate motions, Mr. Roy. COMMISSIONER ROY: I move approval of the 11 12 13 14 ~5 16 17 18 19 20 21 22 23 24 annexation as proposed by staff. COMMISSIONER WATKINS: second. COMMISSIONER MULROY: second by Mr. Watkins. If there's no discussion, please vote. Motion carries 6-0. Now, we need a motion for the zoning, Mr. Roy. COMMISSIONER ROY: I move that we assign RCCD zoning designation as reconunended by staff, COMMISSIONER WATKINS: S¢~olld. COMMISSIONER MULROY: Motion by Mr. Roy, second by Mr. Watkins. If there's no further discussion, please vote. Motion carries 6-0. Okay. PLANNING AND ZONING COMMISSION MARCH 10, 2004 Page 41 - Page 44 S :\Our Documents\Ordinances\04hZ04-0012.d oc ORDINANCE NO. 2004- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND, COMPRISING APPROXIMATELY 19.51 ACRES LOCATED IN THE G. WALKER SURVEY, ABSTRACT NO. 1330, IN THE M.E.P. AND P.R.R. CO. SURVEY ABSTRACT NUMBER 950, AND IN THE D. LAMBERT SURVEY ABSTRACT NUMBER 784, IN THE CITY OF DENTON TO THE REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT CLASSitrlCATION; THE TRACT BEING GENERALLY LOCATED NORTH OF POCKRUS PAGE, EAST OF MAYHILL ROAD, AND SOUTH OF EDWARDS ROAD, IN THE CITY OF DENTON; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTWE DATE (Z04-0012). WHEREAS, Flowers Baking Co. of Denton, LLC has applied for the original zoning for an approximate 19.51 acres of land being annexed into the City of Denton, to the Regional Center Commercial Downtown (RCC-D) zoning district classification and use; and WHEREAS, on March 10, 2004, the Planning and Zoning Commission recommended approval of the requested zoning; and WHEREAS, the City Cotmcil finds that the zoning is consistent with the Comprehensive Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The zoning district classification and use designation of thc 19.51 acre property, as described in the legal description attached hereto and incorporated herein as Exhibit "A", is hereby zoned to the Regional Center Commercial Downtown (RCC-D) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 6. 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 on this the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: By: ~ o~ t~/~,~'/ EXHIBIT "A" All that certain tract or parcel of land lying and being situated in the G. Walker Survey Abstract Number 1330, in the M.E.P. & P.R.R. Co. Survey Abstract Number 950, and in the D. Lambert Survey Abstract Number 784, Denton County, Texas, and being part of the called 27.4367 acre tract described in the deed to Andrew Corporation, recorded in Volume 912, Page 790, Deed Records of Denton County, Texas, part of the called 8.773 acre tract described in the Deed to Andrew Corporation, recorded in Volume 912, Page 797 of the Deed Records of Denton County, Texas, part of the called 3.000 acre tract described in the Deed to Andrew Corporation, recorded in Volume 912, Page 804 of the Deed Records of Denton County, Texas, part of the called 79.4992 acre tract, described in a deed to Andrew Corporation, recorded in Volume 912, Page 821, Deed Records, Denton County, Texas, all of the 3.59 acres of land described in 96-R0014833 of the Real Property Records of Denton County, Texas, and part of Andrew Addition Phase One as shown by the plat thereof recorded in Cabinet B, Page 12 of the Plat Records of Denton County, Texas and being more particularly described as follows: Beginning at a found railroad spike at the northeast comer of the 27.4367-acre Andrew Tract in Edwards Road; Thence south 02 degrees 40 minutes 55 seconds west with the east line of the 27.4367 acre Andrew Tract a d/stance of 698.28 feet to a found iron pin at an angle point in the east line of the 27.4367 acre Andrew Tract; Thence south 02 degrees 43 minutes 42 seconds west continuing with the east line of the 27.4367 acre Andrew Tract a d/stance of 1249.03 feet to a found iron pin at the southeast comer of the 27.4367 acre Andrew Tract on the north line of the 22.967 acre tract to Julie K. Clark recorded under clerks file number 95-R0000602 of the Real Property Records of Denton County, Texas; Thence north 87 degrees 33 minutes 17 seconds west with the south line of the 27.4367 acre Andrew Tract a distance of 622.20 feet to a found iron pin at the southwest comer of the 27.4367 acre Andrew Tract, the northwest comer of the 22.967 acre Clark Tract, the northeast comer of the 3.59 acre Andrew Tract, and the eastern most southeast comer of Andrew Addition; Thence south 03 degrees 19 minutes 02 seconds west with the east line of the 3.59 acre Andrew Tract and the west line of the 22.967 acre Clark Tract a distance of 472.97 feet to a fence comer post at an angle point in the east line of the 3.59 acre Andrew Tract and the northwest comer of the called 0.942 acre tract described in the deed to Julie K. Clark recorded under clerks file number 99-R0000310 of the Real Property Records of Denton County, Texas; Thence south 03 degrees 01 minutes 21 seconds west continuing with the east line of the 3.59 acre Andrew Tract and the west line of the 0.942 acre Clark Tract a distance of 224.75 feet to a steel pipe at the southeast comer of the 3.59 acre Andrew Tract on the north fight-of-way line of Pockrus Page Road; Thence north 87 degrees 56 minutes 40 seconds west with the south line of the 3.59 acre Andrew Tract a distance of 218.61 feet to a fence corner post at the southwest corner of the 3.59 acre Andrew Tract and the southeast corner of the tract of land described in the deed to Betty John Robertson recorded in Volume 2423, Page 932 of the Real Property Records of Denton County, Texas; Thence north 01 degrees 47 minutes 13 seconds east with the west line of the 3.59 Andrew Tract and the east line of the Robertson Tract a distance of 683.38 feet to an iron pipe at the northwest corner of the 3.59 acre Andrew Tract and the northeast corner of the called 3.980 acre tract to Kenneth D. Owen recorded in Volume 763, Page 137 of the Deed Records of Denton County, Texas on a south line of Andrew Addition; Thence north 87 degrees 39 minutes 54 seconds west with a south line of Andrew Addition and the north line of the Owen Tract a distance of 363.71 feet to a found iron pin at an inner ell corner of the Andrew Addition; Thence south 03 degrees 03 minutes 00 seconds west with an east line of Andrew Addition and the west line of the Owen Tract a distance of 397.16 feet to a found iron pin; Thence south 39 degrees 11 minutes 57 seconds east with an east line of Andrew Addition and the south line of the Owen Tract a distance of 382.68 feet to a found iron pin at the southern most southeast corner of Andrew Addition and the southem most southwest comer of the Owen Tract on the north fight-of-way line of Pockrus Page Road; Thence north 87 degrees 46 minutes I2 seconds west with a south line of Andrew Addition and the north right-of-way line of Pockrus Page Road a distance of 26.57 feet to a found iron pin at the southern most southwest comer of Andrew Addition on the east right-of-way line of the old M.K.T. Railroad; Thence north 39 degrees 14 minutes 16 seconds west with a west line of Andrew Addition a distance of 412.02 feet to a found iron pin at the beginning of a curve to the right; Thence with the east right-of-way line of the old M.K.T. Railroad along said curve having a delta of 26 degrees 11 minutes 57 seconds, a radius of 2814.79 feet, an arc length of 1287.10 feet (chord of north 26 degrees 10 minutes 09 seconds west a distance of 1275.92 feet) to a found iron pin; Thence north 13 degrees O0 minutes 38 seconds west continuing with the east fight-of-way line of the old M.K.T. Railroad and the west line of Andrew Addition a distance of 1221.59 feet to a found iron pin at the beginning of a curve to the left; Thence continuing with the east right-of-way line of the old M.K.T. Railroad along said curve having a delta of 09 degrees 53 minutes 43 seconds, a radius of 1959.24 feet, an arc length of 338.37 feet (chord of north 17 degrees 58 minutes 31 seconds west a distance of 337.99 feet) to a set iron pin with a yellow plastic cap stamped "Metroplex 1849" on the south right-of-way line of Mayhill Road as described in the Street Right-of-Way Deed to the City of Denton recorded in Volume 4936, Page 1841 of the Real Property Records of Denton County, Texas at the beginning of a curve to the left; Thence with the south fight-of-way line of Mayhill Road along said curve having a delta of 01 degrees 17 minutes 13 seconds, a radius of 540.00 feet, an arc length of 12.13 feet (chord of north 66 degrees 07 minutes 51 seconds east a distance of 12.13 feeO to a set "X" in concrete at the intersection of the south fight-of-way line of Mayhill Road and the west fight- of-way line of Edwards Road as described in the Street Right-of-Way Deed to the City of Denton recorded in Volume 4936, Page 1841 of the Real Property Records of Denton County, Texas; Thence south 27 degrees 41 minutes 50 seconds east with the west fight-of-way line of Edwards Road a distance of 147.27 feet to a set iron pin with a yellow plastic cap stamped "Metroplex 1849" at the beginning of a curve to the left; Thence continuing with the west fight-of-way line of Edwards Road along said curve having a delta of 59 degrees 01 minutes 36 seconds, a radius of 330.00 feet, an arc length of 339.97 feet (chord of south 57 degrees 12 minutes 38 seconds east a distance of 325.13 feet) to a set iron pin with a yellow plastic cap stamped "Metroplex 1849"; Thence south 86 degrees 44 minutes 08 seconds east with the south fight-of-way line of Edwards Road a distance of 1797.84 feet to a found iron pin; Thence north 03 degrees 30 minutes 26 seconds east a distance of 35.49 feet to a found railroad spike in Edwards Road on the north line of the 27.4367 acre Andrew Tract; Thence south 88 degrees 03 minutes 58 seconds east with the north line of the 27.4367 acre Andrew Tract a distance of 172.15 feet to the point of beginning and containing in all 19.51 acres of land. LOCATION MAP AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM/DCM/CM: May 4, 2004 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - Z04-0011: (l/illages of CarmeO Hold a public hearing and consider adoption of an ordinance zoning approximately 35.43 acres of land to the Neighborhood Residemial 6 (NR-6) and Neighborhood Residemial Mixed Use (NRMU) zoning districts. The site is generally located north of Pockrus Page Road, west of Swisher Road, and south of Edwards Road. The 35.43 acres will be part of a larger mixed-use developmem (114 acres) consisting of single-family homes, loft apartmems, town homes, neighborhood retail, and walking trails. The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicam: Harold Holigan/Rita Beck Dallas, TX The applicant, Harold Holigan/Rita Beck, petitioned for the voluntary annexation of approximately 35.43 acres of land imo the DeNon Corporate City Limits (A03-0002). The subject zoning application is for the 35.43 acres of land annexed imo the City. The applicam is requesting Neighborhood Residemial 6 (NR-6) for "Tract 1" (26.24 acres) and Neighborhood Residemial Mixed Use (NRMU) for "Tract 2" (9.19 acres). Public notification information is provided in Attachment 3. As of this writing, staff has not received any written responses in opposition to the request from property owners within 200 feet of the subject site. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of the zoning request. (6-0, Holt absem) ESTIMATED PROJECT SCHEDULE Platting of the subject property is curremly being pursued. A final plat is required prior to the issuance of any building permits. PRIOR ACTION/REVIEW The following is a chronology of Z04-0011, commonly known as the Villages of Carmel. Application Date P&Z Public Hearing Annexation Ordinance Approved September 24, 2003 March 10, 2004 May 4, 2004 FISCAL INFORMATION The development of this property will require no short-term public improvements responsibility of the city. ATTACHMENTS 2. 3. 4. 5. Staff Analysis Maps Public Notification March 10, 2004, Planning and Zoning Commission Minutes Draft Zoning Ordinance Prepared by: Chris Hatcher, AICP Planner II Planning and Development Respectfully submitted: that are the Kelly Carpenter, AICP Director of Planning and Development 2 ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The subject property is located within the "Neighborhood Centers" Future Land Use designation and involves two tracts of land. The applicant is requesting that upon annexation, Tract 1, totaling 26.24 acres be zoned Neighborhood Residential 6 (NR-6) and Tract 2, totaling 9.19 acres be zoned Neighborhood Residential Mixed Use (NRMU). Existing Condition of Property The subject property is not zoned or developed at this time. Adjacent zoning and land uses. North South East Neighborhood Residential Mixed Use-12 (NRMU- 12) and Extraterritorial Jurisdiction (ET J) Neighborhood Residential-6 (NR-6) Regional Center Commercial-Downtown (RCC-D) and Extraterritorial Jurisdiction (ET J) Future Multi-Family and golf course development and Undeveloped Undeveloped Commercial use and Undeveloped West Neighborhood Residential-3 (NR-3) Undeveloped North Extraterritorial Jurisdiction (ET J) Undeveloped South Planned Development- 132 (PD- 132) Undeveloped East Extraterritorial Jurisdiction (ET J) Undeveloped Neighborhood Residential Mixed Use West (NRMU) and Neighborhood Residential Undeveloped Mixed Use-12 (NRMU-12) 3 Comprehensive Plan Analysis The subject site is located within the "Neighborhood Centers" future land use area. These areas may develop in conventional patterns or may be developed in a pattern of 'neighborhood centers'. Neighborhood Centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. The proposed town center development meets the characteristics of the "Neighborhood Centers" described in the Comprehensive Plan. As proposed, the main entrance to the town center from Pockrus Page Road will be small service retail, with housing on the second floor. Parking will be required to locate behind the retail buildings. Following the main parkway and past the commercial development, town homes are planned. These town homes will face an open park. The remainder of the development will consist of single-family homes. Several parks are planned throughout the development. The proposed zoning request is in compliance with the Denton Plan. Development Review Analysis Transportation A traffic impact analysis will be required for the town center portion of the development. City Council approved Route 4 for the extension of Lakeview Boulevard, which runs north-to-south through the subject property. The applicant is in the process of redesigning the site to accommodate the Route 4 alignment. Access and Connectivity Access to the property will be from Edwards Road and Pockrus Page Road. The property will also have connectivity within the site. Development Code/Zoning Analysis The requested zoning designation for Tract 1 (26.24 acres) to Neighborhood Residential- 6 (NR-6) will allow six single-family units per acre. The requested zoning designation for Tract 2 (9.19 acres) to Neighborhood Residential Mixed Use (NRMU) will allow neighborhood service and retail uses. Any proposed development on this site is required to be in compliance with the site design standards located in Subchapter 13 of the Development Code. An approved site plan for the proposed development will be required prior to the issuance of any building permits. STAFF RECOMMENDATION Staff recommends approval of Z04-0011 based on the following finding: The requested zoning designations are in compliance with the policies of the Denton Plan. 4 ATTACHMENT 2 Location Map NORTH City Limits Property Under Original Annexation Petition City Limits Property Annexed ATTACHMENT 3 Public Notification NORTH Notification Map tOO FT Notiticatio~ City Limits Scale: None Newspaper Notification Date: April 18, 2004 Percent of land within 200' in opposition: 0% 200' Legal Notices* sent via Certified Mail: 11 500' Courtesy Notices* sent via lst Class Mail: 12 · In Favor: 0 · Opposed:0 · Neutral: 0 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 4 1 2 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 lg 19 2O 21 22 23 24 25 Page 25 COMMISSIONER MULROY: our next item would be Item 4, public hearings. And if I could remind the audience to please help us kccp some kind of order and rhytlnn going by filling out, if you wish -- desire to speak, fill out the cards and turn them in. 4A is a public hearing on voluntary annexation of 35.43 acres of land. I'll open fl~e public hearing. And thc City will present. MR. HATCItER: Thank you. Good evening, Mr. President and members of the Planning and Zoning Colmnission. My name is Chris Hatcher. I'ln with the 1 2 3 4 5 6 7 8 9 10 11 Page 27 MR. HATCHER: YeS. COMMISSIONER JOHNSON: originally, was there not more -- wasn't this a bigger parcel to be annexed instead of the nine acres there? MR. HATCHER: Yes, sir. Originally this tract was much larger. It spread to the tracts, the two vacant tracts to the north there on the exhibit. I believe it was about 50 point some odd acres. But with the City Council's decision to approve the route for alignment of the Lakeview Boulevard extension, that's projected and we don't have a final exhibit of the final Planning and Development Department. The applicant Harold Holligan and Reta Beck of the Holligan Investment Group has submitted a petition to voluntarily annex 35.43 acres of land located north of Pockrus Page Road, west of Swisher Road and south of Edwards Road in the southeastern section of the City's Extraterritorial Jm'isdiction. The applicant is proposing that the 35.43 acres will be part of a larger mixed use development consisting of single family homes, loft apartments, town homes, neighborhood retail and walking trails. If the annexation ordinance is approved, the applicant is requesting that 26.24 acres which on the exhibit is the western tract to the left be zoned Neighborhood Residential 6. He's also requesting that 9.19 acres which 12 13 14 15 16 17 lg 19 20 21 22 23 24 25 alignment. But it will go probably to the eastern half of this property. And the applicant deemed that it changed the scope of their development. So they withdrew those acreages. (TAPE 1 ENDS, TAPE 2 BEGINS HERE) COMMISSIONER ROY: would you show us Tract 1, and you want to zone that NR-6? MR. HATCHER: Yes, sir. COMMISSIONER ROY: I'm trying to see what the zoning is around it. I see a parcel of N~-47 MR. HATCHER: Yes, sir. COMMISSIONER ROY': South of' it? MR. HATCHER: YeS, sir. COMMISSIONER ROY: what else is around it? Page 26 is thc eastern tract bc zoned n~ighborhood residential mixed use. No letters of opposition have been received concerning the annexation or tl~e zoning request. Staff recolmncnds that file annexation be approved as it is consistent or in accordance with the City's annexation policy and tile intent of the growth management plan of the Denton Plan and staff reconunends that once the property is Page 28 MR. HATCHER: There iS a parcel of NR-4 to the south of it like you said. And the rest of it to the west and the south -- east of it is NR-2. ^nd this is also a part of the proposed development. The City Council back in November approved this zoning change. I believe it was zoning case Z-003-0024. And those are areas that are already in the City. COMMISSIONER ROY: SO we've alre.~dy acted annexed into the City, that the neighborhood residents -- neighborhood residential 6 zoning designation and the neighborhood residential mixed use zoning designation be approved. I must remind the CoImnission tonight that separate motions are requil~,xt on both the annexation and zoning portions of this case. Bill Dahlstrom of Jackson, Walker, attorneys and counselors of Dallas, Texas is here tonight to represent the interest of the applicant. He will be able to answer any questions that you may have concerning this project. And that concludes my presentation. Do you have any questions for me. COMMiSSiONER MULROY: Thank you, Mt'. Hatcher. Any questions of Mr. Hatcher? If not, the applicant if you'd please come forward. John. COMMISSIONER JOHNSON: [ do have one. Tile map that you've got up there, where it says Tract 2. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on the NR -- we've made fl~at NR-4. We decided that in the recent past? MR. HATCHER: Yes, sir. COMMISSIONER ROY: And the NR-~, we zoned that? MR. HATCHER: I believe the NR-2 has already had that zoning designation. COMMISSIONER ROY: ^nd the proposal tonight is for that to be NR-6? MR. HATCHER: The proposal for tonight is for Tract 1 which is to be NR-6, yes, sir. COMMISSIONER ROY: But With NR-4 around it and NR-2 around it, what is your basis for supporting and suggesting NR-6? MR. HATCHER: our basis is that it is going to be a part of a larger mixed use development. It's in -- if you go back ttu'ough tho Denton Plan, one of tho PLANNING AND ZONING COMMISSION MARCH 10, 2004 Page 25 - Page 28 CondenseltTM 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 i19 20 21 22 23 24 25 Page 29 characteristics -- (TAPE ENDS, FLIPS TO OTHER SIDE) MR. HATCHER: -- town holIle$, and they also have a neighborhood retail component. COMMISSIONER ROY: well, is that the same answer for the NRMU-12? MR. HATCHER: YeS, sir. Since they're all going to be a part of -- they're all going to be part of this large master plan development offering a variety of densities and housing types. COMMISSIONER ROY: Thank you. MR. HATCHER: You're welcome, COMMISSIONER MULROY: okay. Thank you, Mr. Hatcher. Mr. Dahlstrom. MR. DAHLSTROM: Thank you, Mr. Chair, Coumfissioncrs. My name is Bill Dahlstrom, 901 Main Street. Point of clarification, Mr. Roy. Y'all might recall we were in here last fall and we had requested that i 2 3 4 5 6 7 8 9 10 11 12 t3 14 15 16 17 18 Page 31 So the bulk of the property which is our first phase is NR-6. And then we have the NRMU-12 down in this location and the NRMU in this location. And this is the tract we're requesting NRMU and Nn-6. whlch is consistent again with the General Development Plan that's been approved and with thc preliminary plat. COMMISSIONER MULROY: Any questions of Mr. Dahlstrom? COMMISSIONER POWELL: I'm confused. COMMISSIONER MULROY: Ye.~. Would you happen to have your -- the original development plan and relate it to us to the map? We've all slept one or two nights since we looked at it. COMMISSIONER ROY: Yeah. I'm trying to understand what changed. I remember the discussion. I remember we went through it and it was a development plat. And everything made sense, and we agreed to it. MR. DAHLSTROM: Th[s is the plan that we -- and it was actually approved, the NR-2 and NR-4 to be NR-6 and then we had a band of NRMU-12 and NRMU for our Town Center which is going to be in the southeast comer. And file 9.19 acl,eS is actually going to be part of file Town Center. So that property was rezoned the end of last year. And we were here before y'aI1 and presented that presentation. Page 30 And Mr. Johnson, you're correct. Our initial application for annexation was larger and Chris was right. We had to delete it because tho relocation of Lakeview went right through the middle of that property. And everybody said, let's take a step back and figure out what's going to happen to that road. COMMISSIONER JOHNSON: And we talked about that when you weave in here before is that Lakeview might go right someplace where you didn't especially want it. MR. DAHLSTROM: That's correct. Otherwise, we're in agreement with staWs recolnmendation. And this is a continuation of the Town Center development that we proposed and presented to you last fall. Fin here to answer any other questions. But that property was actually recolmnended by this body to be NR-6 and approved by Council to be NR-O. COMMISSIONER MULROY: NOW, which -- would you put the light on that again? MR. DAHLSTROM: This property was zoned NR-6 and actually there's a little strip here that was zoned Nr~-3 that we have since then requested -- it will be here, hopefully, in another month, to go to NR-6 also to be more consistent with the preliminary plat and the Concept Plan that's been approved, the General Development Plan. 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 or variation of the phn that we showed you last fall. Again, the Town Center in this location. That nine acre tract of land is roughly in here. NR-6 is in this location. The property that we are requesting to be annexed is in this location and in this location. This is the property we're requesting to be NR-6. COMMISSIONER MULROY: SO you presented a Page 32 plan in the fall and the portions that were ahmdy in the City limits, we~ve voted on the zoning, gave you the zoning? MR. DAHLSTROM: CorIIx;t. COMMISSIONER MULROY: These are the sections that were yet to be annexed~ and now yon're putting these pieces in with the zoning that complies with that master plan? MR. DAHLSTROM: This iS the follow-up to make sure it's done in accordance with this plan that we presented and consistent with the general development plan that's been approved by the Zoning Commission. COMMISSIONER MULROY: Ally fnrther -- Mr. Powell. COMMISSIONER POWELL: L~t's gO back to the zoning map that was up there earlier, if we could, the one that shows the two tracks in question and the existing zoning. There we go. If I understood you correctly, and I may not have, sir, and I don't mean this to be casting dispersions here, but you pointed at what I read as being NR-2. and said it was NR-6. I'm confused. MR. DAHLSTROM: It'S NR-6, COMMISSIONER POWELL: oktty~ Now, Irma little less eonfnsed. But why are we working with a bad map here? What's going on? Help me out. I'm not blaming PLANNING AND ZONING COMMISSION MARCH 10, 2004 Page 29 - Page 32 CondcnscltTM 1 2 3 4 5 6 7 8 9 ~10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 :19 2O 21 22 23 24 25 Page 33 you. I'm not blaming anybody. I'm just trying to get to tile bottom of why we're being sbown one thing and being told something else. COMMISSIONER MULROY: Mr. Hatcher. MR. H^TCUER: This map was pulled from tile latest zoning map, official zoning map of the City of Denton and it evidently has not been updated. So we will definitely have to look -- COMMISSIONER POWELL: SO the yellow, or at least a major portion of what is being shown NR-2 is not really NR-2, it's Nt~-6 and we're just adding a little more to the side of it there, NR-6, also. Boy, that makes a big dif/~,ence. Thank you. COMMISSIONER ROY: IS that correct, Mr. Hatcher? MR. HATCHER: Evidently, that's correct. COMMISSIONER MULROY: Thank you very much. I think that abundantly clarifies it. Okay. If my fellow CoHunissioners remember we mr, d two motions on this item, separate. Yes. Mr. Strange has a question. Excuse me. I'll have to close the public hearing when we finish with our questions prior to any motions. Go ahead, Mr. Strange. COMMISSIONER STRANGE: This is showing tract 1 as part of what we looked at, as part of the Page 34 overall Concept Plan back in November, this is -- this is not additional NR-6 to what we looked at when we approved the entire plan? MR. HATCHER: NO, sir. COMMISSIONER STRANGE: It'S part of what we had already looked at? MR. HATCHER: well, it's part of file concept plan. You weren't able to take any action because it was not a part Of-- COMMISSIONER STRANGE: Yeah, ! understand. But I'm just saying, when we looked at it as a part of the Concept Plan then, that N~6, this is that NR-*. ?his is not in addition to that? MR. HATCHER: YeS, sir. It's not in addition to that. Yes, sir. COMMISSIONER STRANGE: okay. COMMISSIONER MULROY: Mr. Johnson. COMMISSIONER JOHNSON: yeah. I'd like to make a motiotl that we -- COMMISSIONER MULROY: If you'll excuse me. COMMISSIONER JOHNSON: Oh, I'm sorry. COMMIS§IONER MULROY: I want to -- and we have no -- no people wishing to speak on this? MS. CARPENTEP.: [ have a person who didn't say what item they want to spegk on. 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ,22 23 24 25 Page 35 COMMISSIONER MULROY: okay. Looks like Joel Dicez, 2004 Paisley. Did you wish to speak on this item? MR. DICEZ: NO~ COMMISSIONER MULROY: which item, sir? MR. DICEZ: 4D. COMMISSIONER MULROY: B or D? MR~ DICEZ: D. COMMISSIONER MULROY: D, Ixllta. Thank you. MS. CARi~ENTER: Then I have no cards, sir. COMMISSIONER MULROY: okay. Then I am going to close the public hearing. And we'll certainly -- Mr. Johnson was ready to make a motion. Mr. Roy, you're up on the que ahead of him. Did you have a comment or question? COMMISSIONER ROY: l just wanted to ask one more question. I think we understand about the N~-6 piece. Now, I'd like -- the same question on the NRMLI piece, tract nmnber two. By approving this NRMU zoning, are we staying consistent with what we did before? We're not adding NaMU to the project? MR. HATCHER: NO, sir. You're not adding NRM~J to the project. You're staying consistent with the Concept Plan that was presented. COMMISSIONER ROY: Could I request that the Page 36 minutes reflect the answers to the question on the NR-6 and the NRMU that this is totally consistent with the past and the map is wrong? MR, HATCHER: Right. COMMISSIONER ROY: Thank you, COMMISSIONER MULRO¥: okay. Thank you, Mr, Roy. Now, Mr. Johnson. COMMISSIONER JOHNSON: okay, I'm going to recommend that -- I'm going to make a motion that we recon~uend approval of the zoning as requestcd without conditions. ! will make one comment. COMMISSIONER MULROY: Certainly. {~O ahead. Could we have a motion on the annexation first -- COMMISSIONER JOHNSON: I thought that's what I said. Did I say zoning? I meant annexation. I'm real old, I'm about as oId as Bob Powcll and so my memory is as bhd as his, Anyway, the comment that I wanted to make was that there's a lot of good documentation analysis that staff has gone througl~ back here, In fact, this one and the next one and there are a lot of discrepancies between the two that best I can tell probably are bad staff work, but really don)t make any difference. So I'm not going to even go into those. I)mjust going to say that I think we should approve this. That's my motion. COMMISSIONER MULROY: we have a nlotiofi for )LANNING AND ZONING COMMISSION MARCH 10, 2004 Page 33 - Page 36 Cond~s¢ItTM t 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 Page 37 approval by Mr. Johnson. COMMISSIONER POWELL: since my name was mentioned, I'll second it, COMMISSIONER MULROY: And we have a second for the annexation portion, If there's no further discussion, please vote. Motion carries 6-0, Now, we'll entertain a motion on the zoning portion. COMMISSIONER JOHNSON: okay. Pit make a motion that we approve the zoning as requested. COMMISSIONER STRANGE: second. COMMISSIONER ROY: second. COMMISSIONER MULROY: Motion by Mr. Johnson. Mr. Strange seconded first. If there'sno discussion, please vote. Motion carries 6-0. Page 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 39 Page 40 PLANNING AND ZONING COMMISSION MARCH 10, 2004 Page 37 - Page 40 S :\Our Documents\Ordinances\04~Z04-0011 .doc ORDINANCE NO. 2004- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING TWO TRACTS OF LAND, COMPRISING APPROXIMATELY 35.43 ACRES LOCATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, IN THE CITY OF DENTON TO THE NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND THE NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU); THE PROPERTY BEING GENERALLY LOCATED NORTH OF POCKRUS PAGE, WEST OF SWISHER ROAD, AND SOUTH OF EDWARDS ROAD, IN THE CITY OF DENTON; PROVIDING FOR A PENALTY CLAUSE IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE (Z04-0011). WHEREAS, Harold Holigan/Rita Beck have apphed for the original zoning for property being annexed into the City of Denton consisting of an approximate 26.24 acre tract of land ("Tract 1") to be zoned to the Neighborhood Residential 6 (NR-6) zoning classification, and an approximate 9.19 acre tract of land ("Tract 2") to be zoned to the Neighborhood Residential Mixed Use (NRMU) zoning classification, which tracts are more particularly described in Exhibit "A" attached hereto and made a part hereof by reference; and WHEREAS, on March 10, 2004, the Planning and Zoning Commission recommended approval of the requested zoning; and WHEREAS, the City Council finds that the zoning is consistent with the Comprehensive Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Tract 1 is hereby zoned to the Neighborhood Residential 6 (NR-6) and Tract 2 is hereby zoned to the Neighborhood Residential Mixed Use (NRMU) zoning district classifications and use designations under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be f'med a stun not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or apphcations, and to this end the provisions of this ordinance are severable. SECTION 6. This ordinance shall become effective fourteen (14) days fi:om 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 (10) days of the date of its passage. PASSED AND APPROVED on this the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBE~RNEY By: EXHIBIT "A' BEING TWO TRACTS OF LAND SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS AND BEING ALL OF A CALLED 8.834 ACRE TRACT OF LAND CONVEYED TO KLHB DEVELOPMENT OF DENTON, LLC, AS EVIDENCED IN A DEED RECORDED IN VOLUME 4889, PAGE 1799, THE REMAINING PORTION OF A CALLED TRACT ONE, CONVEYED TO JOY POWELL AS EVIDENCED IN A DEED RECORDED IN VOLUME 1695, PAGE 0921, A PORTION OF A CALLED 4.75 ACRE TRACT CONVEYED TO POCKRUS PAGE RD., LTD., AS EVIDENCED IN A DEED RECORDED IN VOLUME 5328, PAGE 5082, A PORTION OF A CALLED 16.0 ACRE TRACT OF LAND CONVEYED TO RICHARD A. BARIA, AS EVIDENCED IN VOLUME 1329, PAGE 202, A PORTION OF A TRACT OF LAND CONVEYED TO SAID RICHARD ARLEN BARIA, ET UX, AS EVIDENCED IN A DEED RECORDED IN VOLUME 471, PAGE 235, THE REMAINING PORTION OF A CALLED 10.395 ACRE TRACT OF LAND CONVEYED TO w. e. BUCKALEW, AS EVIDENCED IN A DEED RECORDED IN VOLUME 530, PAGE 054, A PORTION OF THE REMAINING PORTION OF A TRACT OF LAND CONVEYED TO ED COWART, AS EVIDENCED IN A DEED RECORDED IN VOLUME 414, PAGE 447, A PORTION OF A CALLED 4.00 ARCE TRACT OF LAND CONVEYED TO CHARD TANNER COWART, ET UX, AS EVIDENCED IN A DEED RECORDED IN VOLUME 4784, PAGE 1256, ALL OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS (R.P.R.D.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: TRACT 1 BEGINNING AT THE NORTHWEST CORNER OF A CALLED 10.00 ACRE TRACT OF LAND, CONVEYED TO ALLEN P. LUBBERS AS EVIDENCED IN A DEED RECORDED IN COUNTY CLEARK'S FILE NO. 96-R0069629 R.P.R.D.C.T., AND THE NORTHWEST CORNER OF THE CURRENT CITY LIMITS LINE OF THE CITY OF DENTON AS DESCRIBED IN CITY ORDINANCE NUMBER 99-262, SAME BEING IN EDWARDS ROAD; ~, THENCE SOUTH 02 DEGREES 16 MINUTES 53 SECONDS WEST, ALONG THE WEST LINE OF SAID 10.00 ACRE TRACT AND THE WEST CITY LIMITS LINE AS DESCRIBED IN SAID CITY ORDINANCE NUMBER 99-262, A DISTANCE OF 1336.22 FEET TO A CORNER, SAME BEING ON THE NORTH CITY LIMITS LINE AS DESCRIBED IN CITY ORDINANCE 84-17; THENCE NORTH 87 DEGREES 56 MINUTES 20 SECONDS WEST, DEPARTING THE WEST LINE OF SAID 10.00 ACRE TRACT AND ALONG SAID NORTH CITY LIMIT LINE, A DISTANCE OF 1193.51 FEET TO A CORNER, SAME BEING ON THE WEST LINE OF AFORESAID 16.0 ACRE TRACT; THENCE NORTH 02 DEGREES 37 MINUTES 25 SECONDS EAST, CONTINUING ALONG THE SAID WEST LINE, A DISTANCE OF 788.12 FEET TO A CORNER; THENCE SOUTH 86 DEGREES 34 MINUTES 49 SECONDS EAST, DEPARTING THE WEST LINE OF SAID 16.0 ACRE TRACT, A DISTANCE OF 511.14 FEET TO A CORNER; THENCE SOUTH 87 DEGREES, 47 MINUTES 33 SECONDS EAST, A DISTANCE OF 302.42 FEET TO A CORNER ON THE WEST LINE OF SAID TED COWART TRACT; THENCE NORTH 02 DEGREES 11 MINUTES 11 SECONDS EAST, ALONG THE WEST LINE OF SAiD COWART TRACT, A DISTANCE OF 569.08 FEET TO A CORNER, SAME BEING ON THE SOUTH CITY LIMITS LINE AS DESCRIBED IN CITY ORDINANCE 86-15; THENCE SOUTH 86 DEGREES 59 MINUTES 34 SECONDS EAST, ALONG SAiD CITY LIMITS LINE, A DISTANCE OF 378.63 FEET TO THE POINT OF BEGINNING AND CONTAINING 26.24 ACRES OF LAND. TRACT 2 BEGINNING AT THE NORTHEAST CORNER OF AFORESAiD 8.834 ACRE, AS CONVEYED TO SAiD KLHB DEVELOPMENT OF DENTON, LLC; THENCE SOUTH 02 DEGREES 02 MINUTES 31 SECONDS WEST, ALONG THE EAST LINE OF SAID 8.834 ACRE TRACT, THE EAST LINE OF THE JOY POWELL REMAINDER, A DISTANCE OF 724.32 FEET TO A CORNER; THENCE NORTH 87 DEGREES 02 MINUTES 50 SECONDS W-EST, A DISTANCE OF 73.11 FEET TO A CORNER; THENCE SOUTH 02 DEGREES 00 MINTUES 40 SECONDS WEST, A DISTANCE OF 596.16 FEET TO A CORNER; THENCE NORTH 88 DEGREES 42 MINUTES 30 SECONDS WEST, A DISTANCE OF 208.69 FEET TO A CORNER, SAME BEING ON THE EAST CITY LIMITS LINE AS DESCRIBED IN CITY ORDINANCE NUMBER 84-17; THENCE NORTH 02 DEGREES 21 MINUTES 34 SECONDS WEST, ALONG THE SAID EAST CITY LIMITS LINE, A DISTANCE OF 165.27 FEET TO A CORNER; THENCE NORTH 00 DEGREES 00 MINUTES 13 SECONDS EAST, CONTINUING ALONG SAID EAST CITY LIMITS LINE, A DISTANCE OF 315.27 FEET TO A CORNER; THENCE NORTH 88 DEGREES 42 MINUTES 30 SECONDS WEST, CONTINUING ALNG SAiD EAST CITY LIMITS LINE, A DISTANCE OF 497.34 FEET TO A CORNER; THENCE NORTH 10 DEGREES 22 MINUTES 22 SECONDS WEST, CONTINUING ALONG SAiD EAST CITY LIMITS LINE, A DISTANCE OF 354.20 FEET TO THE NORTHWEST CORNER OF SAID 8.834 ACRE TRACT, SAME BEING ON THE NORTH CITY LIMITS LINE AS DESCRIBED IN SAID CITY ORDINANCE NUMBER 84-17; THENCE SOUTH 88 DEGREES 12 MINUTES 56 SECONDS EAST, ALONG THE NORTH LINE OF SAID 8.834 ACRE TRACT, A DISTANCE OF 437.59 FEET TO THE POINT OF BEGINNING AND CONTAINING 9. ! 9 ACRES OF LAND. 4 LOCATION MAP AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: May 4, 2004 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - Z04-0014 (Villages of CarmeO Hold a public hearing and consider making a recommendation to City Council regarding the rezoning of approximately 11.7 acres from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential 6 (NR-6) zoning district. The site is located on the south side of Edwards Road, approximately 900 feet north of Pockrus Page Road and approximately 1,500 feet west of Swisher Road. The Planning and Zoning Commission recommends approval of the request (6-0). BACKGROUND Applicant: Brockette Davis Drake, Inc. Dallas, TX The applicant is requesting to rezone the property for single-family use due to the proposed relocation of Lakeview Boulevard. Based on the current NR-3 zoning designation, which allows 3.5 dwelling units per acre, a maximum of 40 dwelling units are allowed. If the request to rezone to NR-6 is approved, the owner could subdivide the property into a maximum of 70 single- family lots. Public notification and property owner responses are provided in Attachment 3. As of this writing, staff has received no written responses from property owners within 200 feet of the subject site. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of the request (6-0; Commissioner Powell absent). ESTIMATED PROJECT SCHEDULE The subject property is not platted. Preliminary and final plats are required prior to issuance of building permits. PRIOR ACTION/REVIEW The following is a chronology of Z04-0014: April 14, 2004, Planning & Zoning Commission recommends approval (6-0; Powell absem) of a request to rezone approximately 11.7 acres from a Neighborhood Residemial 3 (NR-3) zoning district to a Neighborhood Residemial 6 (NR-6) zoning district. November 18, 2003, City of DeNon City Council approved (7-0) a request to rezone approximately 186.5 acres from Neighborhood Residemial 4 (NR-4) and Neighborhood Residemial 2 (NR-2) to Neighborhood Residemial 3 (NR-3), Neighborhood Residemial 6 (NR- 6), Neighborhood Residemial Mixed Use 12 (NRMU-12), and Neighborhood Residemial Mixed Use (NRMU). Ordinance 2002-040, adopted February 2002, placed the subject property in the Neighborhood Residemial 2 (NR-2) zoning district and land use classification. Prior to the adoption of the Developmem Code (Ordinance 2002-040), the property was zoned Agricultural. The property has not been platted. Preliminary and final platting will be required prior to obtaining a building permit. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map) 4. Site Photos 5. April 14, 2004, Planning & Zoning Commission Meeting Minutes (Z04-0014) 6. Draft Ordinance Prepared by: Chris Fuller Planner I Respectfully submitted: Kelly Carpemer, AICP Director of Planning and Developmem ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The applicant is requesting to rezone approximately 11.7 acres from a Neighborhood Residential 3 (NR-3) zoning district to Neighborhood Residential 6 (NR-6) zoning district. The requested zoning change would allow the applicant to subdivide and develop the property according to NR- 6 lot size standards and land uses. The applicant is proposing the zoning change due to the realignment of Lakeview Boulevard. The relocation of Lakeview Boulevard separates the recently approved zoning districts. This rezoning request will provide a continuous segment of NR-6 zoning designation. Existing Condition of Property The subject property is undeveloped. Adjacent Zoning North: Neighborhood Residential Mixed Use 12 (NRMU-12) South: Neighborhood Residential 6 (NR-6) and Neighborhood Residential Mixed Use 12 (NRMU-12) East: Neighborhood Residential 6 (NR-6) zoning district West: Extraterritorial Jurisdiction (ET J) zoning district (currently in the annexation process) Comprehensive Plan Analysis The subject site is located within the "Neighborhood Centers" future land use area. These areas may develop in conventional patterns or may be developed in a pattern of 'neighborhood centers'. Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. The request to rezone the subject property is compatible with the Future Land Use Plan (Neighborhood Centers) and with the surrounding zoning designations. The proposed zoning change is in compliance with the Denton Plan. Development Review Analysis Transportation Access to the property is limited to Edwards Road. A traffic impact analysis has been submitted and is being reviewed for the entire development. Access and Connectivity The site will be accessed by Edwards Road. If approved, the new lots will be required to provide connectivity to the adjacent property to the east, west and south. Development Code / Zoning Analysis The existing NR-3 zoning district allows a maximum density of 3.5 dwelling units per acre. The proposed NR-6 zoning district allows a maximum density of 6 dwelling units per acre, which are permitted in the form of detached single-family dwelling units, attached single-family dwelling units (i.e. townhomes) and duplex units. The chart below illustrates the difference between the two zoning districts. Limitations for each use are explained below the chart. Single Family Dwellings P P Accessory Dwelling Units SUP (L1) SUP L(1) Attached Single Family Dwellings SUP P Live/Work Units N L(16) Duplexes N P Community Homes for the Disabled P P Group Homes N N Multi-Family Dwellings N N P = Permitted N = Not Permitted Maximum Density, dwelling units per acre 3.5 6 Minimum Side Yards for Non-Attached Buildings 6 feet 4 feet Maximum Lot Coverage 50% 60% Minimum Landscaped Area 50% 40% Limitations: L(1): Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform to the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000sq. ft. GHFA. 4. One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. L(16): Uses are limited to no more than 1,500 square feet of gross floor area per lot. The limitations listed above regulate the specifics of each use allowed within the zoning district. Any proposed development on this site is required to be in compliance with the site design standards of the Development Code. Staff Findings The proposed zoning change is compatible compliance with the intent of the Denton Plan. with the existing zoning designations and is in Staff Recommendation Based on the above findings, staff recommends approval of the requested zoning change. ATTACHMENT 2 Location/Zoning Map NORTH Land Use Map -- ~Neig, hborhood Centers ATTACHMENT 3 Notification Map NORTH Limits of 500' Notification : / ,O I ,,-' J '~'~ ~ Notification Scale: None Public Notification Date: March 23, 2004 200' Legal Notices* sent via Certified Mail: 5 Number of responses to 200' Legal Notice: · In Opposition: 0 · In Favor: 0 · Neutral: 0 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 4 Site Photo Photo 1: View of subject property from across Edwards Road. CondcnscltTM 5 6 7 $ '9 10 ll 12 13 14 15 16 17 18 19 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 69 COMMISSIONER MULROY: okay. Moving right along, Item 5D~ rezoning of 11.7 acres. Mr. FuIler will present. MR. FULLER: Good evening, and thank you. The applicant is requesting to rezone approximately 11.7 acres from Neighborhood Residential 3 zoning district to the Neighborhood Residential 6 zoning district. The applicant is requesting zoning which alIows a maximum density of six dwelling units per acre would allow a maximmn of 70 single family homes -- or single family lots 1 2 3 4 5 6 7 8 9 t0 Page 71 extra-territorial jurisdiction. And what wc were trying to accomplish at that time was a development, the Town Center Development, I don't if you remember that presentation where we had a retail component in the southeast corner of-- wrapped around more intensive, I guess smaller lots, townhouses, et cetera, cormnunity park, and then wrapped with single family lots. And as a result of that, if I could go back to the zoning map that we had, we ended up with zoning that was NR-6. X0 the east of str'ip. NRMU-l 2, NRMU and then NR-6 at the southwest of within the district. The NR-6 district allows single family homes that are detached, which are attached, which are townhomes and duplexes. Staff has received no written opposition to this request. The request to rezone the propexty is in compliance with the future land use plan and staff recommends approval Thank you. COMMISSIONER MULROY: okay. Is the applicant here? MR. FLILLER: YeS, he is. COMMISSIONER MULROY: And did I open tile public hearing? If not, it is. COMMISSIONER ROY: Can I got one clarification -- COMMISSIONER MULROY: certainly, Mr. Roy. I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this 11.7 acre tract of land. After we had made that proposal and actually we had gmeral development plans approved showing thc development, we were contacted by various members of thc City Transportation staff telling us that there were several different alignments for Lakeview Boulevard. And we met and Council approved this aligmncnt. This is very rough, general, but it generally goes along our eastern side. As a result of that, this tract of land was taken out of our proposal. So what we ended up with is zoning that was NR-6 in this location, NRMU-[2 in this location, NR-6. ^nd you might recall I was het~ about a month ago with a request. We had requested annexation of these two tracts of land. And as part of that application we'd Page 70 COMMISSIONER ROY: -- first froln staff. You talk about relocation of Lakeview Boulevard. But I can't for the life of ate from thc material here see how that has anything to do with it. Could you tie that -- those two points together for me? MR, FULLER: Sure we can. And, in fact, Mt-. Dahlstrom -- COMM~SS[ONER ROY: if he's going to do it already, then I'll -- MR. FULLER: [ believe that's part of his presentation. COMMISSIONER ROY: okay. Thank you. MR. DAHLSTROM: Mr. Chair, Commission, my name is Bill Dahlstrom. 901 Main Street. There's a little bit of a history. And I'm going to walk you back - take you back to last fall when I first brought this project to you. At the time -- first of all, I'm here to represent Holligan Investmeots. Wc came to you with file proposal which we compiled approximately 185 acres give or take an acre or two, 12 different tracts of land. And what you see on the screen represents those 12 different tracts that we've compiled, we either owned or we had under contract at that time. What you see in white is what was in tile City -- what is in the City -- was ia the City at that time. And the shaded area was in the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 72 rOqlleste_.12l NR-6 for this tract of that. And that was an NRMU. SO what we have today -- well, let me back up. As a result of the relocation of Lakeview, we've had to redesign our entire development basically taking another look at where our Town Center is going to be, and how the single family fits into the development approximately 120 lots have been taken out of our application because this tract of land was taken out because of file road in tiffs location. What we have today is NR-6 in this location. NRMU hgre, NR-6 in this location, and a proposed NR-6 here which will go to the Council first meeting in May, I believe. So we are basically surrounded on tlu'ee sides by tile ~R-6 and our development now is basically designed as an NR-6 development in this location. We still are proposing the park in that location. So effectively, we have taken lots out, and we've made up for a couple, maybe 20 or less fewer lots as a result of coming in with thc N~-6 as opposed to the NR-3. Our origina[ proposal was to spread this out and have t,m-3 over in this location, but because of the --having to redesign the entire development, we requested NR-6 h~re which was recoxmnended for approval. We have tqR-6 here. Basically, we have a small strip of ~LANNING AND ZONING APRIL 14TH, 2004 MINUTES Page 69 - Page 72 CondcnsoltTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 73 ~t~-3 in this location and this is where our Central Park is going to be. This is -- I consider this to be more of a clean-up application because we have this reamant piece of NR-3. And with that, we'd respectfully request approval of the NR-~ in this location and Pm here to answer any questions you may have. COMMISSIONER MULROY: ^ny questions, Conmtissioners? If not, thank you, Mr. Dahlstrom. We have no requests from the public to speak. And we'll have no rebuttal. I'm closing the public hearing. It will be open for a motion or discussion. Mr. $ohnson. COMMISSION.ER JOHNSON: vi1 move approval of mzoning this to the section NR-6 frolll NR-3. COMMISSIONER HOLT: sgcolld. COMMISSIONER MULROY: We have a motion by Mr. Johnson, second by Ms. Holt for approval. If there's no further discussion, please vote. Motion carries 6-0. Okay. The remaining item under public hearings E, is amending a detailed plan for eD NO. 132. Mr. Fuller will present. I'm opening the public hearing. MR. FULLER: ~rhank you. Good evening. The applicant is requesting approval of the detail plan for Planned Development 132. This is one of the few planned development units that did not change zoning with the adoption of the new zoning in 2002. The applicant is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 75 Hotllgan Group to work with us on that. I think it was a vary good working relationship between the staff and the Council and the neighbors and the homeowners. And so we got that settled, thank goodness, several months ago. So we submitted the detailed plan, but we couldn't have done it before because we didn't know what the alignment was, so this now finalizes the alignment, finalizes the detailed plan and it's basically in conformance with everything we had on tile PD~ so with that, I'll -- I'll answer any questions. COMMISSIONER MULROY: Mr. Roy. COMMISSIONER ROY: SO this will finish your PO-132? MR. HOPKINS: YeS, sir. Yes, sir. This completes on through the finality of the project. COMMISSIONER ROY: Thank you. COMMISSIONER MULROY: Any further questions? If not and we have no public speakers, there will be no rebuttal -- yes, sir. You may come down. We'll be very generous tonight. Normally, we would just insist on a card, but if you will make it brief and to the point, we'll -- give us your name and address, sir. MR. FAIRLEIGH: My name is Chris Fairleigh. I live at 158 Chaparral Estates, Shady Shores. And in regards to this proposed development 132, I would have two Page 74 proposing 701 residential lots and two non-residential lots. The proposal is in conformance with the concept plan. The proposed development site is currently undeveloped and is adjacent to developed properties already existing on the site and that are also in compliance with the concept plan. Staff recommends approval of the requested detailed plan. Thank you. COMMiSSiONER MULROY: IS the applicant here? MR. FULLER: Yes, he is. COMMISSIONER MULROY: would you like to present or answer any questions? MR. HOPKINS: Good evening. My name is Dan Hopkins, 9441 [~J Freeway in Dallas. This application is just a continuation of our development into the final phases. We've actually delayed the application for almost two years while we've sorted out the alignment of Lakeview Boulevard. And thc -- we took a very aggressive approach with the Boulevard and I think tile last time we talked, we agreed to dedicate some -- not only platled, but constructed lots to file City to allow for the right-of-way to be realigned after a tremendous expense on our part. But we thought it was probably the best for the City and tile best for us. And we appreciate the cooperation of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 t7 18 19 20 21 22 23 24 25 Page 76 requests for the Council -- Commission to consider in regards to this amendment. Number one, that the south border of this development, F and I, it not be accessible from Shady Shores, in other words, from Meadowlark heave or Chaparral or from Swisher to the south. In other words, they'd only be accessible from the -- from Lakeview Boulevard from the west. My second proposal request for consideration is again on the south side of this development where it borders the Chaparral Estates Development. This is an old development, 30 plus years~ The homes am one acre -- are situated on one acre or larger lots, 2,500 square feet or larger homes, and we ask that the Conunission consider neighboring or bordering property in this proposed site be transitional at best. In other words, that it not be just go immediately into high density homes. And that's -- I'll submit these for your consideration. COMMISSIONER MULROY: ^11 right. Thank you, sir. MR. FAIRLEI~H: Thank yOU. COMMISSIONER MULROY: okay. Would the applicant like ~o rebut? And the transportation issues would be -- the transportation issues would be platting and we really can't address it. PLANNING AND ZONING APRIL 14TH, 2004 MINUTES Page 73 - Page 76 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBOR_HOOD RESDENT,I~ 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 11.7 ACRES OF LAND LOCATED ON THE sOUTH SIDE OF EDWARDS ROAD, APPROXIMATELY 900 FEET NORTH OF POCKRUS PAGE ROAD AND APPROXIMATELY 1,500 FEET WEST OF SWISHER ROAD IN THE cITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERAB/LITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0014) WHEREAS, Holigan Investment Group, Ltd. has applied for a change in zoning for approximately 11.7 acres of land located on the south side of Edwards Road, approximately 900 feet north of Pockrus Page Road and approximately 1,500 feet west of Swisher Road and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Neighborhood Residential 3 (NR-3~ zoning district classification and use designation to Neighborhood Residential 6 (NR-6) zoning district classification and use designation; and WHEREAS, on April 14, 2004, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change is consistent with the Comprehensive Plan; NOW, THEREFORE THE COUNCIl, OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The zoning district classification and~ use designation of the Property is hereby changed from Neighborhood Residential 3 (NR-3) zoningidistrict classification and use designation to Neighborhood Residential 6 (NR-6) zoning district classification and use. SECTION 3. The City's official zoning map is ~amended to show the change in' zoning district classification. SECTION 4. If any provision of this ordinance ok the application thereof to any person or circumstance is held invalid by any court, such invali~ty shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5 Any person violating any provision of this ordinance shall, upon conviction, be freed a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. Page SECTION 6 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 Drayton, Texas, within ten (i 0) days of the date of its passage. PASSED AND APPROVED this the day df 2004. ' EUI3INE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 Exhibit Metes and Bounds DesCription NR-3 Zoning 11.70 Acres . Gideon Walker Survey, Abstract No. 1330 City of Denton, Denton c0~mty, Texas BEING a tract of land situated in the Gideon Walk4r Survey, Abstract No. 1330, City'of Denton, Denton County, Texas and being a portion bfa called 9.993-acre tract conveyed to said lulie K. Clark, as evidenced in a deed reec~rded in County Clerk's File No. 94- R0057560, a portion of a called Tract B, conveyed!to Murphy Family Partnership, Ltd., as evidenced in a deed recorded in County Clerk's File No. 96-R0016035, a portion of a called 10.00-acre tract of land conveyed to Alleni P. Lubbers as evidenced in a deed r~eorded in County Clerk's File No. 96-R0069629[and a portion of a called 9.802-acre tract of land conveyed to said Allen P. Lubbers ~ evidenced in a deed recorded in County, Clerk's File No. 96-R0069627, all of th.~ Real Property Records of Denton County, Texas (R.P.R.D.C.T.), and being more ~articularly described by metes and bounds 'as follows: BEGn~IING at the noahwest comer of said lO.O0-acre tract and the northwest comer of the current city limits line of the City of Denton as !described in City Ordinance Number 99-262, same being in Edwards Road; THBNCB South 86°59'34" East, along the north line of said 10.00-acre tract, the city limits line of the City of Denton and along Edward~ Road, a distance of 196.45 feet to a corne~ : THENCB South 02°11'11" West, departing thc north line of said 10.00-acre tract and said Edwards Road, a distance of 817.03 feet to the point of curvature of a curve to the left; TtIBNCE in a southerly dircction, along the arc of shid curve to the left, through a central angle of 44045'45'', having a radius of 225.00 feet find an arc length of 175.78 feet to thc point of tangency of said curve; THENCE South 42034'35'' East, a distance of 568.30 feet to a comer; THENCE South 47025'25'' West, a distance of 500.00 feet to a comer; THENCE North 42°34'35" West, a distance of 557.00 feet to a comcr on thc north city limits line of said City of Denton as described in Ci~ Ordinance Number 84-17; THENCE South 87055'33" Bast, along the north city limits line as described in said City Ordinance Number 84.17, a distance of 83.02 feeti to the southwest comer of aforesaid 10.00-acre tract; THENCE North 02°16'53'' East, along the west lin~ of said 10.00-acre tract and ~e west city limits line as described ia said City Ordinance Number 99-262, a distance of 1338.37 feet to the POINT OF BEGINNING and containing 11.70 acres of land. This Document was prepared under 22 TAC 663.21, does not reflect thc results of an on the ground survey, and is not to be used to conveyi or establish interests in real property except those rights and interests implied or established by the creation or reconfiguralion of the boundary of the political subdivision for which it was prepared. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: May 4, 2004 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - Z04-0007 (Dry Clean Super Center) Continue a public hearing and consider adoption of an ordinance regarding a Specific Use Permit for a drive-through facility. The approximately 0.72 acre property is in a Neighborhood Residential Mixed Use (NRMU) zoning district and is generally located on the east side of Lillian Miller Parkway, approximately 170 feet north of Wind River Lane and approximately 100 feet west of Lake Fork Circle. The Planning and Zoning Commission recommends denial (5-1). Supermajority vote required for approval. BACKGROUND Applicant: Kwik Industries Dallas, TX The applicant has submitted a request for a Specific Use Permit (SUP) proposing a drive-through for a laundry facility. In the Neighborhood Residential Mixed Use (NRMU) zoning district the laundry facility is allowed, however a specific use permit is required for all drive-through uses. The drive-through must be built as an integral part of the architectural element of the primary structure and must be located to the rear or side of the building. Public notification and property owner responses are provided in Attachment 3. As of this writing, staff has received seven written responses in opposition to the request from property owners within 200 feet of the subject site. Currently, 27% of the land within 200 feet of the subject property is owned by people in opposition to the request. As opposition is above 20%, and the Planning & Zoning Commission's decision is 5-1, City Council must approve the rezoning request with a super majority vote. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends denial of the request (5-1; Commissioner Powell absent). As the Planning & Zoning Commission's decision is 5-1, City Council must approve the rezoning request with a super majority vote. ESTIMATED PROJECT SCHEDULE The subject property is platted. The applicant will be required to obtain a building permit prior to development. PRIOR ACTION/REVIEW The following is a chronology of Z04-0007: April 20, 2004, at the applicant's request the City Council tabled the item until the May 4, 2004 City Council meeting. April 14, 2004, Planning & Zoning Commission recommends denial (5-1; Powell absent) ora request for a Specific Use Permit for a drive-through facility. Ordinance 2002-040, adopted February 2002, placed the subject property in the Neighborhood Residential Mixed Use (NRMU) zoning district and land use classification. Prior to the adoption of the Development Code (Ordinance 2002-040), the property was zoned O (c) - (Office with conditions). ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map) 4. 200' Property Owner Responses 5. Zoning Notification Sign Posted at Subject Property 6. Exhibit of Site & Landscape Plan 7. April 14, 2004, Planning & Zoning Commission Draft Meeting Minutes (Z04-0007) 8. Opposition Petition Distributed at April 14, 2004, Planning & Zoning Commission Meeting 9. Draft Ordinance Prepared by: Chris Fuller Planner I Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The subject property is zoned Neighborhood Residential Mixed Use (NRMU). The applicant must obtain approval of a Specific Use Permit (SUP) to allow a drive-through facility. An SUP is required to ensure that the drive-through use is compatible with adjacent uses and not detrimental to pedestrian circulation patterns. Existing Condition of Property The subject property is vacant and undeveloped. Adjacent Zoning North: Neighborhood Residential 3 (NR-3) zoning district South: Neighborhood Residential Mixed Use (NRMU) zoning district East: Neighborhood Residential 3 (NR-3) zoning district West: Neighborhood Residential 2 (NR-2) zoning district There are single-family residential uses to the north, east and west of the subject property. The property to the south of the subject property is vacant. Comprehensive Plan Analysis The subject site is located in an "Existing Neighborhoods/Infill Compatibility" future land use area. New development in this district should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. The request for the specific use permit for a drive-through facility is compatible with the Future Land Use Plan (Existing Land Use). The proposed zoning change is in compliance with the Denton Plan. Development Review Analysis Transportation A Traffic Impact Analysis will not be required. Access and Connectivity Access to the property will be made from Lillian Miller Parkway. The property will also have access to Wind River Lane through the adjacent parcel when that property is developed. Public Infrastructure Adequate utilities capacity exists to serve the proposed use. Development Code / Zoning Analysis Section 35.6.5 of the Denton Development Code states that a Specific Use Permit shall be issued only if all of the following conditions have been found: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of the other property nor significantly diminish or impair property values within the immediate vicinity; With adequate noise and light provisions, the operation of a drive-through should not diminish or impair property values in the immediate vicinity. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; It is unlikely that establishment of this specific use will impede the normal and orderly developmem of the surrounding property. 3. The adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; All necessary supporting facilities are curremly provided. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; All proposed parking areas and driveways meet the requiremems of the City of DeNon. The design and location of the proposed drive-through does not impact pedestrian traffic. 5. That adequate nuisance preventions measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration; The applicant is not proposing any outdoor speaker system in conjunction with the drive- through. According to the applicam, no odor will be produced. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; Subchapter 13 of the Developmem Code addresses the issue of directional lighting. Additionally, the applicant is not proposing any outdoor lighting that would impact adjacem residences. As a buffer requiremem, the applicam is required to construct a solid wood fence adjacem to the existing single-family residence, which should minimize light spill from car headlights. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The applicam has submitted a landscape plan for consideration with this specific use permit request (Attachmem 6). All landscaping and screening requiremems are in conformance with the Denton Development Code. Section 35.6.6 allows the approval authority to recommend additional conditions on the proposal to protect the public and the welfare of the community. Staff Findings 1. The proposed use is compatible with the intent of The Denton Plan and the Denton Development Code. The applicant has met all requirements of a Specific Use Permit. 2. The establishment of a drive-through facility at this location will not have a detrimental impact on the surrounding area. Staff Recommendation Based on the above findings, staff recommends approval of the specific use permit with the following condition: 1. The applicant construct a wood fence buffer along the property line where adjacent to residential uses or zoning districts, in accordance with Subchapter 35.13.8 of the Denton Development Code ATTACHMENT 2 Location/Zoning Map NORTH Land Use Map ATTACHMENT 3 Notification Map NORTH Limits of 500' Notification Opposition Opposition SITE Limits of 200' Notification Scale: None Darkened properties are in opposition Public Notification Date: March 23, 2004 200' Legal Notices* sent via Certified Mail: 18 Number of responses to 200' Legal Notice: · In Opposition: 7 · In Favor: 0 · Neutral: 0 Percent of land within 200' in opposition: 27% *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ,- . NO '¢E OF PUBL]:¢ I--IEAR]:N6 Z04-0007 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 14,. 2004, to consider making a recommendation to City Council regarding a Specific Use Permit for a drive-through facility. The approximately 0.72 acre property is in a Neighborhood Residential Mixed Use (NRMU) zoning district and is generally located on the east side of Lillian Miller Parkway, approximately 170 feet north of Wind River L~.ne and approximately 100 feet west of Lake Fork Circle. The public hearJng will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear. how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N, Elm ST ................................ Denton, Texas 76201 Attn: Chris Fuller, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the - r~equ~st. The Commission-is ~-Tn~e--d~f the perc-e'nt'cff r~e-sp0nses in support and in opposition:. in favor of request Reasons for Opposition: Please circle one: Neutral to request Signature: Printed Name: Mailing Address: Ci~, State Zip: ,~.~ Telephone Number: .,y ica CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 940.349.8350 · (F) 940,349.7707 200' P&Z Notice 04/19/2004 16:26 9402432687 TIM HARRIS NOTICE OF PUBLIC HEAEIN6 PAGE 8I Z04-0007 The Planning and Zoning Commission of the City of Denton wilt hold a public hearing on Wednesday, Aprit 14, 2004, to consider making a recommendation to City Council regarding a Specific Use Permit for e drive-through facility, The approximately 0.72 acre property is in a Neighborhood Residential Mixed Use (NRMU) zoning distri~ and is generally located on the east side of Lil[ian Miller Parkway, approximately 170 feet north of Wind River Lane and approximately 100 feet west of Lake Fork Circle. The public heating will start at 6:30 p.m. in the City Council Chambers of City Hail located at 215 E. McKinney Street, Denton. Texas. Because you own property within two hundred (200) feet of the subject properly, the Planning and Zoning Commi~ion would like to hear how you feel abou/this reques! and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending end participating in the public hearing.) YOU may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department ' 221"R, Ehti ST Denton, Texas 76201 ^ttn: Chris Fuller, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition, In favor of request Reasons for Opposition: Please circle one: Neutral to request Mailing Address: _"'~. ~:~! C~, State Zip: ~~; Telephone Numbec ~ ~O - H~ ~ - ~ Physi~l Address of Pmpe~ ~hin 200 feet; CITY OF DENTON, TEXAS 2~0' P&Z Notice CiTY HALL WEST · DENTON, TEXAS 76201 · 940.349.8350 · (F) ~40.~,9.??07 NOTICE OF PUBLIC HEARIN6 Z04-0007 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 14, 2004, to consider making a recommendation to City Council regarding a Specific Use Permit for a drive-through facility. The approximately 0.72 acre property is in a Neighborhood Residential Mixed Use (NRMU) zoning district and is generally located on the east side of Lillian Miller Parkway, approximately 170 feet north of Wind River Lane and approximately 100 feet west of Lake Fork Circle. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall focated at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 'N. Elm-ST Denton, Texas 76201 Attn: Chris Fuller, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of request Reasons for Opposition: Neutral to request Please circle one: - - ....... -.- Opposed to request~ Mailing Address: ,~(',,C~-'~ "~...__o._V~..~ ~ ~Q.~ City, State Zip: ~--------~~ -"~,,"~ '""~_/_c';-.~ . , Telephone Number: ~(~. ,2~,-] _,~:~.~_ , Physical Address of ProPerty within 200 feet: ~-~...~' )_~ ~ ~. ' NO'I'[CE OF PUBLIC HEARING Z04-0007 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 14, 2004, to consider making a recommendation to City Council regarding a Specific Use Permit for a drive-through facility. The approximately 0.72 acre property is in a Neighborhood Residential Mixed Use (NRMU) zoning district and is generally located on the east side of Lillian Miller Parkway, approximately 170 feet north of Wind River Lane and approximately 100 feet west of Lake Fork Circle. The public hearing wi[I start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to .hear how you feel about this request and invites you to attend the public hearing. P[ease, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST - · Denton, Texas 76201 Attn: Chris Fuller, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of request Reasons for Opposition: Please circle one: Neutral to request _~P~pposed to reque-~ Signature: Printed Name: Mailing Address: City, State Zip: Telephone Number: qf/O. ~'¢/. ~':~"~-- Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALLWEST · DENTON, TEXAS 76201 · 940.349.8350 · (F) 940.349,7707 200' P&Z Notice The design and location of the proposed drive-through are incompatible with the adjacent residences as the drive is only 10 feet away from the back yards of the adjacent homes. The lot is elevated above the back yards of the residences and light (from cars) and noise pollution are a concern. If the Special Use Permit is granted, the following should be considered: Additional fence along the North and East property line. Consider planting Evergreens as an additional buffer. Limit the hours of the drive-through to mitigate traffic during the early morning and evening hours. NOTICE OF PUBLIC HEARING Z04-0007 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 14, 2004, to consider making a recommendation to City Council regarding a Specific Use Permit for a drive-through facility. The approximately 0.72 acre property is in a Neighborhood Residential Mixed Use (NRMU) zoning district and is generafly located on the east side of Lillian Mi[ler Parkway, approximately 170 feet north of Wind River Lane and approximately 100 feet west of Lake Fork Circle. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you fee/about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. {This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the 'bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 'N.~ Etm ST ........................ Denton, Texas 76201 Attn: Chris Fuller, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of request Reasons for Opposition: Please circle one: Neutral to request City, State Zip: ~~ ~~ Telephone Number: ~ '-~ --~ Physical Address of Properly within 200 feet: CITY Of= DENTON, TEXAS CiTY HALL WEST . DENTON, TEXAS 76201 · 940.349,8350 · (F) 940.349,7707 200' P&Z Notice NOT ¢E OF PUBLIC HEAR]:N6 Z04-0007 The Planning and Zoning Commission of the City of Denton witl hold a public hearing on Wednesday, April 14, 2004, to consider making a recommendation to City Council regarding a Specific Use Permit for a drive-through facility, The approximately 0.72 acre property is in a Neighborhood Residential Mixed Use (NRMU) zoning district and is generally loCated on the east side of Lillian Miller Parkway, approximately 170 feet north of Wind River Lane and approximately 100 feet west of Lake Fork Circle. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department -221 N. Elm 'ST .............................. Denton, Texas 76201 Attn: Chris Fuller, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request, The Commission is informed of the percent of responses in support and in opposition. Please circle one: ~ ' uest-~ In favor of request Neutral to request . . to req Reasons for Opposition: ,/) ~,~. ~. ~ ~/2' ,'. ?~ (-~~ .. , .. ......................... Signature: (~L-~ ~I~-'-) Printed Name: ~/~-_~2 Mailing Address: ~00~ Telephone Number:' · .. Physical Address of PropeAy within 200 feet:. CITY OF DENTON, TEXAS CiTY HALL WEST · DENTON, TEXAS 76201 · 940.349.6350 · (F)940.349.7707 200' P&Z Notice Rp~ 13 04 lO:OGa UNT Speech~'Hea~n~ (940)585-4058 p.1 NOT]:CE OF PUBLIC HEAR]:N Z04-0007 The Planning and Zoning Commission of the City of Denton wit[ hold a public hearing on Wednesday, Apfif 14, 2004, to cons[der making a recommendation to City Council regarding a Specific Use Permit for a drive-through facility. The approximately 0.72 acre property is in a Neighborhood Residential Mixed Use (NRMU) zoning distdct and is generally located on the east side of L[llian Miller Parkway, approximately 170 feet north o[ Wind Rivet Lane and approximately 100 feet west of Lake Fork Circle. The public hearing will start at 6:30 p.m, in the City Council Chambers of City Hall Iocated at 2t5 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject proper~y, the Planning and Zoning Commission would like to hear how you feel abou~ this request and invites you to attend the public hearing. PIease, in order for your opinion to be taken into acceunt, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department .. '221 N, Elm ST ...... " Denton, Texas 76201 Attn: Chris Fuller, Project Manager These forms are used to calculate tho percentage of landowners that support and oppose the request, The Commission is informed of the percent of responses in support and in opposition, in favor of request. Reasons for Opposition: Please circle one:~ Neutral to request Mailing Address: City, State Zip: -'~L~_./'~ TeJephoneNumber. ,~k,./C) __ ~-~c'~ l '-"- '-7--7'-'7~_ Physical Address of Property within 200 feet: ~- CITY OP DENTON, TEXAS 200' P~Z Notic~ CITY HALLWEST · DENTON, TEXAS 7620~. ' 940.349.8350 ° (F)940.349.7707 ATTACHMENT 5 Zoning Notifcation Sign ~lllllll ~-~111 IiI'" ddl! i~L~II I III1|1111 III i~KII I I1,,,,,,I ~I~II I III.I.I.I 1,~1~111 I!" 'I III III hid, ~- i.4ql[.ll I IIl,l,hl''' Ill L~::II I Iil,l,hl III III III III ,I,I, ... I G-ll4l IIl.l,hl Ill BL;~ ~[ I IIl. hhl M~-~III:i:i I I ~ ~ ~---. CondensoltTM ~ CO IONER MULRO'Y: our next item is 5C g I found out that there was an additional one froln ,~._~ Specific Use Permit for a drive-through facility, ming when I chcckcd. it~ Mr. Chris Fuller will present. What I'd like to do real quick is basicalIy 'VI4 MR. FULLER: Good evening and thank you. go through the opposition's concerns and address them. t 5 Thc applicant is requesting a Specific Use Permit for a 5 The first one would be 2001 Whitefish Circle. That is Page 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 c= 13 t_~ 14 15 c> 16 ~ 17 ~cl8 c>'19 ~ 20 I~21 c 22 23 24 25 drive-through facility. The site is located within Neighborhood Residential Mixed Use Zoning District. Within the Neighborhood Residential Mixed Use Zoning District, the laundry facilities are allowed, however the drivebttxrough facilities require approval of a Specific Use Permit. Staff tins received five written responses in opposition to this request for property owners within 200 feet of the site bringing opposition to 13 percent. The proposed use is compatible with the intent of the Denton Plan. And the applicant has met all of the requirements of the Specific Use Permit checklist. Based on tile above findings, staff reconunends approval of the Specific Use Permit with thc following condition, that the applicant provide a six-foot perimeter fence built to the standards of Subchapter 3513, Section 8 of tile Denton Development Code. Thank you. t'm available for any questions. COMMISSIONER MULROY: okay. Is the applic ant 'here? Page 2 MR. FULLER: YeS, he is. COMMISSIONER MULROy: would you like to present or answer any questions? Thank you, Chris. MR. HOLLINCoSWORTH: Mr. Chairman, in~nbers of the Planning Cmmnission, my name is Sid Hollingsworth, 4725 Nail Road, Dallas Texas. What the director is handing out them is basically my presentation so you can kind of follow along as to what we worked on as far as trying to be good neighbors and providing a good developed area for the conmmnity. 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 number two, if you'll notice the highlights I have. Nmnber 2 is the one down there by Windriver, the first lot, which I'd like to point out that on the 30th of March, the date of the letter, I personally went to thc doors and also left this letter in the mailbox, and then approximately a week letter we sent tile certified mail. So we've tried to make every attempt that's available to us to work with tile homeowners on any kind of opposition that they may have. Thc first one on 2001 Whitefist~ Circle, basically it says that -- it says it would be close to people's back yards and take away their privacy, especially with tl~e drive-through as it is planned. I've seen the layout of the facility blueprint. This facility would decrease property values. Once again, the use is allowed by right. So as far as the drive-through decreasing the property values and as a homeowner and property owner, I understand their concerns and I can respect it. But, mc, personally, I can't see as to how the drive-through window is going to If you'll look in there, basically, what you'll sec -- if you'll look at the beginning of the folder I've handed out, you'll see that there's some certified mail that went out on April the 6th to all of d~e adjacent property owners that abut the site. Next to that is a letter, and how the letter spelled out that tile use was allowed by right. And we was asking for Specific Use Pemfit specifically for the drive-through facility. The next exhibit is basically an exhibit that I would like for y'all to walk tlurough with me. This is a recorded -- the latest recorded plat, to my understanding, which we've received from the City of Denton's Plat Division. Now, it was to my understanding we only had four notices of opposition. I believe this t2 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 4 decrease tile property values. I'm not a financial wizard, so, you know -- and if you'll also look, that is -- tike I said, that's number two, which is over by Windriver. The site, yes, it is within the 200 feet area. But per sc does the drive-through facility or the layout of tile site affect this property, I can't really see as to how it would affect it seeings as to how the use is allowed. There is a drive over there on that side of the property anyway. And I'd like to point out that if we didn't have the drive-through facility, we would have to produce additional parking on the other side of the building to try to compensate for the convenience that the custoln~S will be losing from not having a drive-through. The second letter of opposition is 1908 Whitefish, which is nmnber four. Now, on that -- in their request, it says they was the homeowners of Lot 13. When I went around trying to visit with the neighbors and all, it was my understanding that that was actually Lot 13. And that's the address of 1908 which is -- we have it nmnbered nmnber five, but the actual Lot nmnber is 13. Them again, yes, it does abut the property as far as -- let's see their concerns is the safety noise impact of tile property values, pollution air, and about being ten loot from -- the drive-through being ten toot PUBLIC HEARING ITEM 5C, EXCERPT FROM 4-14-04 MINUTES Page 1 - Page 4 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 5 from the patio. We went through appraisal districts and if this is correct, this information that we was able to obtain, you're looking at a 36-foot deep home with a 21-foot patio. You know, just for simple math~ that's approximately 60 feet. So you're looking at 90 feet. So additionally, you still have 40 feet to the property llne. And then we have a ten foot landscape buffer. And, of course, there's an existing fence and we've proposed and we've agreed with staff to put up a new wood fence. So -- and like I said, if the information we've received is correct. Okay. Number -- the other one is 2009 Lake Fork. I visited that and we did not send certified -- we knew it was within the 200 feet, but that would be the lot -- it looks like Lot 6 right adjacent to where we're nmnbering lot 1, that's highlighted. That property actually does not back up -- yes, it is within tile 200 feet and we understand how the notices go. It actually -- the development of the drive-through, I can't see that it wouEd affect the -- the living of the home and as I've stated the use is allowed by right and with the parking, additional parking that we'd have to pick up, cars are still going to be driving around the building. Page 6 I spoke with the young lady today and she basically, she had a -- her daughter was sick at home. She was going to try to come up here and meet with me earlier and, you know, go over it. She said she wasn't aware that the use was allowed by right. Now, I'm not -- I'm not here to put any words in her mouth. She didn't say she was for or against at this time. Prior to this meeting, I went by her house, and dropped off the site plan, landscape plan and all of the information I have for her in her mai[box for her to look at for future discussion before the City Council or if she could make it up here tonight. The fourth letter of opposition which is 2004 Whitefish. If you'll look at that, I believe that's~ Lot 11. Let me get my mark-up. Yes. According to the information I have, that is Lot 11, which yes, it is within the 200 feet. Does it abut the property and would the drive-through facility actually per se interfere with any of their living conditions they now have. As, you know, a developer and a planner, I don't see that it would. That's -- there again, that's why y'all arc hem to make these decisions. And their concern, basically, was -- it's too busy already. Any drive-through wouid m .e a bad situation worse. I would like to point out that ~e're not Condcns¢ItTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 7 like a baseball field, softball field, sports arena, club, restaurant. We don't per se -- we draw from the existing traffic that's already there. We do not -- people do not -- if there is, it's a very small percentage, do not intentionally say, oh, well, I'm going to go across town to $1.25 and drop off my laundry. Like I said, we draw from existing traffic. So as far as increasing the traffic, as you're well aware from the staff's analysis. There's not a traffic analysis required or study. And the reason for that, I'm sure, is because of thc type of use and the volume that we pull from is existing. in regards to environmental, and there again, I'm not an environmental scientist or engineer or anything, there was some concerns as far as emissions. This site will be built somewhat higher than the adjacent property. As you know and I know from all of the regulations we have to go through the quick lubes, emission, when it comes out of the exhaust goes into the atmosphere. Being that, the adjacent property owners should not be affected from -- from that. And, also, with their being parking on that side of the property anyway, to my understanding starting a car, stopping a car is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 8 worse that the car idling for what amount of time it would take to get through the drive-through window. With that I'd like to thank you for your time and address any conunents that you may have and hope you'll bIess this proposal. COMMISSIONER MULROY: conullissioners, any questions? Mr. Roy. COMMISSIONER ROY: YeS. Just a quick one. I'm trying to understand this fence issue. As I look at the property now, there's already a wood fence I'm sure owned by the property owners along that side of file property, so the fence that you and tile staff have agreed to is back away from there by ten feet or so? MR. HOLLINGSWORTH: NO, sir. The fence we've agreed to is on the property line. And there again, that's something we'd have to work out from the existing fence through staff. The ten foot I was talking about is a landscape buffer, which would create additional buffering. COMMISSIONER ROY: okay. So it would be a ton foot -- I mcan, a fence on your property lin~ and, again, a six foot fence? MR. HOLLINGSWORTH: YeS. COMMISSIONER ROY: okay. Thank you. COMMISSIONER MULROY: Any fro'thor PUBLIC HEARING ITEM 5C, EXCERPT FROM 4-14-04 MINUTES Page 5 - Page 8 1 2 3 4 5 6 7 8 9 10 1t 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 questions? Ms. Holt. COMMISSIONER HOLT: YeS. Could you shew me where your entry and exit is on this? Is it just at this one driveway right here at the corner? MR. HOLLINGSWORTH: YOS, ma'am. It would be right here. COMMISSIONER HOLT: okay. So you come across. You go all of the way around the back, go through the drive-througb and then come out that way? MR. HOLLINGSWORTH: YeS, ma'am. COMMISSIONER HOLT; okay. Thank you. MR. HOLt. INOSWORTH: ^nd I have an exhibit for our Plan B on the parking on the other side if y'all would like to see it. COMMISSIONER HOLT: I would like to see itl' MR. HOLLINOSWOa~H: would the Chairman like me to put it on the screen for the public to see? COMMISSIONER MULROY: Yeah. That would be fine, sir. COMMISSIONER ROY: I can't See where the drive-through is on this. MR. HOLLINGSWORTH: That's Plan B, that if the drive-through is denied to show yrall that there's still -- vehicles will still be driving around the building. And can I borrow one of y'alls? · :~, Condens¢It Page 9 i 2 3 4 5 6 7 8 9 10 1t 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 Page 10 COMMISSIONER MULROY: Here take this. Ms. Holt, anything further? COMMISSIONER HOLT: Is tbs:it; a -- what is the -- is there a sidewalk or something? I know there's one that goes along Liltian Miller. Is there a sidewalk that comes out of -- what is this -- Windriver Estates, is there a sidewalk that comes out on Windriver? MR. HOLLINGSWORTH: I believe them is, yes, ma'am. Well, on Windriver? COMMISSIONER HOLT: I mc, a/I, out of Windriver on to Lillian Miller. What I'm wondering about is the children walking to the school over at Sam Houston, if they would be -- MR. HOLLINGSWORTH: I do not -- that's an undeveloped lot and I do not believe that there's an existing sidewalk at this time. COMMISSIONER HeLl: well, from this development up here, this Windriver Development, is there a sidewalk that comes out on to Lillian Miller and then it would go right in front of your -- MR. HOLLINGSWORTH: YeS~ ma'am. COMMISSIONER HOLT: -- dry cleaners and then all of the way down to the comer? MR. HOLLINGSWORTH: Yes~ ma'am. COMMISSIONER HOLT: okay. Thank you. else? Page 11 COMMISSIONER MULRO¥: MS. Holt, anything COMMISSIONER HOLT: NO. That's fine. Thank you. COMMISSIONER MULROY: YOU bet. Mr. Johnson. COMMISSIONER JOHNSON: Thank you. I have this drawing right here. MR. HOLLINGSWORTH: Yes, sir. COMMISSIONER JOHNSON: If I'm reading this right, I think this shows two drives into your property, one that's -- one that's at center of the property, and then one that's on the property line between your lot and the one at the corner, but this one only -- this one only shows one entrance. MR. HOLLINGSWORTH: Yes, sir. COMMISSIONER JOHNSON; which is correct? MR. HOLLINGSWORTH: And I was -- I knew I'd get asked that question. What -- the exhibits flint you're looking at is an exhibit we also used for a variance on approach separations. In visiting with the adjacent property owner of the undeveloped lot and the City and the engineering depamnent, we offered to share the drive with them so that there would only be one drive versus trying to get to or come in for a variance for the vacant lot PUBLIC HEARING ITEM 5C, EXCERPT FROM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 12 because they're not sm~ what they're going to develop. So that is -- that's already been granted as far as the location, the approach straddling the property lines. The other one was just an exhibit to show them that we could receive the approach without the variance, but in order in trying to, you know, do good development -- COMMISSIONER JOHNSON: okay. So there is a shared drive entry to the property on the corner plus yours and that's shared, right, and that's the only one? MR. ItOLLINGSWORTH: NO, sir. What you have, the only drive would be this one right here. What you're looking at shows a drive here and a proposed drive here. COMMISSIONER JOHNSON: Right. MR. HOLLINGSWORTH: This proposed drive here is no longer -- it's null and void. COMMISSIONER. JOHNSON: okay. MR. HOLLINGSWORTH: That was just an exhibit that we used for the variance. COMMISSIONER JOHNSON: okay. That's what I was trying to say. Okay. Now, and, again, this drawing hem that I'm looking at that shows the two drive entrances, shows the center line of one to be 200 feet from the edge of Windriver. Now, that's no longer the 4-14-04 MI-N1JTES Page 9 - Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 t9 20 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 13 case. You've moved c[oser to Windriver. So how far are we -- is the 122 feet from Windriver? Is that the edge of the drive there? MR. HOLLINGSWORT[t: You're 122 -- of course, now at the intersection of Windriver and Lillian Miller, there's a visibility clip. But from the furthest most part, if you'll look here. COMMISSIONER jOHNSON: Yeah, I see that, MR. HOLLINGSWORTH: okay. It's a hundred and -- COMMISSIONER JOHNSON: -- twenty-two point six eight? MRr HOLLINGSWORTH: -- twenty-two point six eight. COMMISSIONER JOHNSON: okay. Then there is no decel lane or anything like that that's just --just an entrance and exit, right, one in and out on -- same thing, no decet lane or anything? MR. HOLLINGSWORTH: Yes, sir. That's correct. COMMISSIONER MULROY: okay. Thank you, Mr. Johnson. Any further questions? If not, [ will ask the citizens that want to speak to come down. We have none registered in support. In opposition, I have Mr. Marry Rivers. If you'll come down, Marry. And Lynn Page 14 Thm~pson, if you'll come down and sit in the seat behind Mr. Rivers. MR. RIVERS: Thank you, Commissioners. My nm~e is Marry Rivers. I live at 2000 Whitefish Court, this house right there. Mr. Hollingsworth has been very diligent in trying to work with the neighborhood and visiting with everybody. I appreciate the opportunity to do that and I realize that this may not impact every house that is in opposition but that's why we're a neighborhood because it really significantly impacts these three houses and partly mine and the two back there of what's going on. What you don't see by looking at a piece of paper is that lot is severely slanted. It's about a ten foot drop-off from Lillian Miller down to the back of that lot and as you start building that pad up, you're almost fence height to our back yard neighbors in the back there. So regardless if there's a drive-through or not, it's a lot higher than the back yard. There's going to be a slope where all of the drainage goes down through there. So when you're driving through there, there's light pottufion and afl of that kind of good stuff. So I would hope that regardless if there's a fence or not, whatever -- or a drive-through or not, whatever gets put there, there's a fence in addition to our fences CondenseItTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I5 16 17 18 19 2O 21 22 23 24 25 Page 15 because ours is just a back yard where our kids are playing. Regardless of the drive-through, we want to have a fence there so we're not having to see all of that stuff and the people are looking down our back yards. The other issue I wanted to bring up is that we've had two suP's that y'alt have approved in that area right there, the cvs Pharmacy and the credit union. Those are different because they don't back up to residences. They back up to what eventually will be a retail center there. And there's the fire department, the library and the school over there. So they're not -- people aren't using those drive-throughs at night and sitting out in their back yards barbecuing while people are going through the drive-through. Another thing I'd like to point out is, maybe you-all can think of it. I can't think of a place in Denton when there's been a house that somebody has allowed a drive-through to go right next to that. Maybe there was a drive-through that was there and somebody put a house through it. But I can't think of anyplace in Denton where there's a drive-through for whatever reason that is abutting a neighborhood residence. So my question is, are you setting a precedence if you approve this? I've had two people apply for suP's for drive-through in that neighborhood. If you 1 2 3 4 5 6 7 8 9 10 11 12 13 t4 15 16 17 18 19 20 21 22 23 24 25 Page 16 allow this one, that's a third. And then I may want to put a bank on the lot next to this and I'm going to expect a drive-through if I want to do that. So where do you -- where do you draw the line? I mean, there's an obvious -- someplace you've got to stop. And to me, you stop where there's a drive-through next to a residence. We're talking the drive is ten feet from these people's back yards. That's from me to Joe. And you're going to have cars there driving around tl~rough that drive. And that's a requirement from the City Code to have that drive go by there. But we're talking ten feet drive-through's and back yards. So those don't mix very well. Thank you. COMMISSIONER MULROY: Thank you, Mm~ry. Next speaker Lynn Thompson. And following Lynn will be Paul Rawley. If you'll come down to the front, please, Paul. Go ahead, ma~am. Give us your name and address. MS. THOMPSON: I'm Lynn Thompson. I live at 1520 Hunters Ridge Circle and Pm president of thc Homeowners' Association for Hunters Ridge. And we have a petition of 25 signatures that oppose this drive-through. I know we cannot fight the fact that it is going to be a dry cleaner even though it will not really fit in the PIJBLIC HEARING ITEM 5C, EXCERPT FROM 4-14-04 MINUTES Page 13 - Page 16 1 2 3 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 t0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 neighborhood. The -- l/kc thc gentleman stated before, the drive-throughs in the other situations, the credit union, and the pham~acy am on a corner that's going to have a shopping center, if you will, that will -- that would provide sen, ice industries. With this dry cleaner drive-through it will affect, be a danger to the children. And right now, Lillian Miller is so congested that I live within the 500-foot range myself and to go from my house to thc mall Page 17 1 2 3 4 6 7 8 9 10 CondenseltTM ~ Page 19 between Windriver and Southridge. And a curb cut here 100 feet from Tcaslcy and Windriver which is basically thc same street would bc much of a hazard to the fire trucks. I don't know if y'all are familiar with the topographies of that ama out there, but the fire truck station 6 is next to the library. That's at the bottom of a hill. They come up the top of Lillian Miller and Windriver and TeasIey are the top of the hill. And theu it drops down and it drops down quite a bit like tile first gcntlcanan said. which is tess than a mite, I have to go through four lights. And it will take me anywhere from six to eight lights to get to the mall. And that's ludicrous. In Denton green means go, yellow means keep going and red means only six more cars. So I worry about the children that have to go to Southridge East and differeut parts of Windriver. Also, one of our neighbors got in touch with the fire department, which is the number, the station number six. And the Division Battalion Chief Mike Sessions of the Denton Fire Departulent does not believe this to be a good idea either. He gave us a study of three -- of the past time months and on an average per month 180 calls are of emergency vehicles, fire or ambulances pass through that intersection. And because it's a hill situation and Page 18 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 And if you -- even in a fire truck, when you're coming up by cvs Park -- cvs Pharmacy, you cannot see over tbe hill there. And those fire trucks~ the six emergency vehicles a day that we got from file Fin: Chief would really cause a problein because it's -- in the morning it's congested. In the afternoon it's congested, and people just can't get out of the way. That fire station serves all of the way up to Colorado which means it has to go under 35 all of tile way up on Loop 288. And that's just another -- it would be six stop signs, or six stop lights to get to Colorado. Thank you. COMMISSIONER MULROY: All right. Thank you, Mr. Rawley. I have two folks that do not want to speak but they want to register in opposition. That's Page 20 Lillian Miller is a hilIy street, that chitdren -- I mean, I'm sorry cars cannot be seen and we worr~ about that because we have numerous accidents at that intersection. And I have this petition. And, unfortunately, I don't know that I made enough copies for everyone because I had to get one last signature tonight for a man on the corner who is within tile 200-foot range. And I can pass these out if you'd like to see tbem. COMMISSIONER MU[RO¥: [f you'll just hand them to Ms. Carpenter here and she'll take care of them. MS. THOMPSON: Thank you for your time. COMMISSIONER MULROY: uh-huh. Thank you, Ms. Thompson. Mr. Rawley. MR. RAWLEY: Good afternoon. My name is Paul Rawley. I reside at 1421 Huntersridge Circle, which is on the corner of Huntersrldge and Lillian Miller. In the past four years, I observed several bad traffic accidents at Lillian Miller and Windrivcr. By the way, I'm also a property owner in Windriver. And I was ahnost involved in a traffic accident up there with an emergency vehicle l~ke she pointed out. I went to the fire dcpamnent and talked to Chief Sessions like Ms. Thompson said and told him where the curb cut was going to be and he just shook his head because he said there are no curb cuts on Lillian Miller 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ~8 19 20 21 22 23 24 25 Mr. John Brolick and Mr. John Murphy. Okay. Now, Mr. Hollingsworth, would you like to rebut? MR. HOLLINGSWORTH: Yes. Mr. Chairman, basically, and I don't want to be out of line here. I want to show due respect. I'm not sm~e that the fire marshal's opinion or comment on anything other than whether this meets the requirements of the fire marshal's office for safety, as far as fires, mnbulances and we've already submitted for a building permit the uses allowed by right. To my knowledge, it does meet that criteria. As far as the approach location with or without the drive-through facility, the approach variance has been granted. It's within the City of Denton's development standards. And in regards to Mr. Rivers, I'd like to thank him for meeting me and spending his time to visit with me on this. As far as the slope of the site, that is an engineering situation that will take place with or without the drive-through facility. And there again, I'd like to express that with it being a little higher, we are putting a six-foot fence. Now, unless someone is walking up tippy-toeing over that fence frmn driving through, they're not going to be able to see the neighbors. Nmnber two, with it being higher than that, PUBLIC HEARING ITEM 5C, EXCERPT FROM 4-14-04 MINIJTES Page 17 - Page 20 1 2 3 4 5 6 7 8 9 10 1t 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 17 18 i9 20 21 22 23 24 25 Page 21 there again, the emissions rises. So that's even, I would think, better for the residents. And I'd like to say that we have diligently approached this~ looked at all of the angles prior to even coming forth with the -- with the request. And as far as other drive-throughs that was approved and precedents being set, I'm not an attorney. I won't go there. I do know that nay site should be judged on an individual basis, does this affect the City residential? Does it meet the lnaster plan? Is it in compliance per the City of Denton's regulations? Because the use is allowed by right. Thank you. COMMISSIONER MULROY: Thank you, sir. If there's no questions I want to close the public hearing unless Mr. Roy you have a question? COMMISSIONER ROY: I want to ask a question of staff. COMMISSIONER MULROY: okay. COMMISSIONER ROY: Them were discussions about the driveway entrance and traffic and this sort of thing, are you aware of any variances that we can expect to address on tiffs property? At this time, are you aware of any variances that are going to come forward to us? MR. FULLER: NO, not at this time. COMMISSIONER ROY'. SO on the entrance, thc driveway, you feel comfortable that we're not going to be Page 22 asked to consider any variance there? MR. FULLER: TO my understanding, our Traffic Engineering Department Development Review Team Member has reviewed this. And this is in compliance with CondcnseltTM 1 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 23 think the arguments about the traffic, I can understand that. I go through this area dairy. But thafls going to be an issue no matter -- almost any kind of business that goes in this area. The property owner has a right to develop this area and the Code allows certain things there. The only issue that I'm struggling with now is -- is simply -- i guess the issue that's before us and that's the drive-through. Am we materially hupacting the neighborhood by this drive-through? And I'm just struggling to recognize that as a major problem, but I'm still open to discussion. And I'd appreciate any other's opinions on this. COMMISSIONER MULROY. MS. Holt. COMMISSIONER HOLT: what would the hours of operation be? MR. HOLLINGSWORTH: Normal hours of operation is from, like, 7:00 to 6:00. There again, though, we would -- the business is allowed by right and we would like to exercise our right as far as the Development Code of hours of operation for a business. Normally, it's from 8:00 to 6:00. COMMISSIONER HOLT: Thank you. COMMISSIONER MULROY: But we could limit the drive-through hours. Any other questions or Page 24 discussion? Mr. Johnson. COMMISSIONER JOHNSON: well, it's obvious that the neighborhood doesn't want a drive-through there. The -- to me, it almost looks like you'd be better off to his colmnents. COMMISSIONER ROY: Thank you. COMMISSIONER MULROY: YeS. MS. CARPENTER: Mr. Chairman, let me clarify. They did get a variance on this case for the two driveways from the Traffic Safety Colmnission. But the site plan that they have attached to their application for the SUl, which is Atmclunent 6 in your backup is the site plan for the one driveway. Okay. So they)re not asking for their site plan approval which is associated specifically with this sup for the two driveways. They're asking for the one driveway. COMMISSIONER MULRO¥: SO we're not asking 5 6 7 8 9 10 11 12 13 14 15 16 17 have a drive-through there because the traffic would get in and out quicker. Otherwise, you're going to put a dry cleaning establisluuent there and you're going to have a lot of cars parked them. The dwell time is going to be a lot different and you're liable to have a little bit more congestion and a little bit more opportunity for anybody that wants to tt~ow cans over the fence or whatever. If you're in the car driving through, you're probably not going to do that. My feeling is that we probably should go ahead and do the -- allow the drive-through and I think -- and I don't live in that neighborhood, but I think if I for a variance? Okay. Thank you. Any further questions before I close the public hearing? Okay. I'm closing thc public hearing and am open to discussion or a motion. Mr. Roy. COMMISSIONER ROY: W~:ll, this property is zoned t~aMU. As I look down through what could be there, if I were a homeowner rd be concerned about some of'thc othcu- opportunities that are allowed under the code. I 18 19 20 21 22 23 24 25 did, I might prefer to have a drive-through than to not have a drive-through them. So I think I would make a motion to approve the suP. COMMISSIONER MULROY: Okay. We have a motion for approval by Mr. Johnson. Motion dies for a lack of second. Okay. Any -- Mr. Roy. COMMISSIONER ROY: I don't know if I can ask this question. Legal stop me if we cannot, but I'm PUBLIC HEARING ITEM 5(2, EXCERPT FROM 4-14-04 MINUTES Page 21 - Page 24 ~ f-'-~ Condcnscltr~ ~"~. ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 Page 25 wondering -- allow it if you will, if the developer will proceed to build a facility without the driveway -- drive4hrough, will he still proceed to develop this lot? Can I ask him that? COMMISSIONER MULROY: Mr. Hollingsworth? COMMISSIONER ROY: if you do not receive the approval for fl~e drive-through, can you tell us what your plan would be for this property? MR. I-[OLLINGSWORTH: Bui[d a Dry Cleaner Super Center Exhibit B with parking on that side of the residential area. COMMISSIONER ROY: l'hank you. MR. HOLLINGSWORTH: YOU bet. COMMISSIONER MULROY: Mr. Roy. COMMISSIONER ROY: I move that we deny this request for a drive-through. COMMISSIONER STRANGE: second. COMMISSIONER MULROY: we have a motion by Mt'. Roy. A second by Mt'. SU'ange for denial of the drive-through window. If there's no further discussion, judging by lhe silence, we shouldn't have anymore. Please vote. Motion carries 5-1. (COMMISSIONER JOHNSON VOTING IN OPPOSITION.) Page 26 PUBLIC HEARING ITEM 5C, EXCERPT FROM 4-14-04 MINUTES Page 25 - Page 26 Opposition of"drive-thru" drycleaners The residents of Hunters Ridge Homeowners Association OPPOSE a "drive thru" for the purposed drycleaners at the intersection of Hunters Ridge and Lillian Miller Parkway. It would cause a serious danger to the school children that go to and from school. It would also contribute to additional congestion for our residents leaving our neighborhood. As it is, a drycleaners it's self will be a danger to all neighborhoods because of the chemicals. We further purpose that the owner install very large trees and extensive shrubbery in their landscaping to help hide it from its immediate neighbors. The building should conform to the existing offices and it should NOT have any lighted signs on the building it's selfi Furthermore, the only sign allowed should be a monument sign to retain the integrity of the surrounding neighborhoods. I~O~ ~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A DRIVE-THROUGH FACILITY ON APPROXIMATELY 0.72 ACRE OF LAND GENERALLY LOCATED ON THE EAST SIDE OF LILLIAN MILLER PARKWAY, APPROXIMATELY 170 FEET NORTH OF WIND RIVER LANE AND APPROXIMATELY 100 FEET WEST OF LAKE FORK CiRCLE, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVID/NG FOR AN EFFECTIVE DATE. (Z04-0007) WHEREAS, Kwik Industries has applied for a specific use permit for a drive-through facility within a Neighborhood Residential Mixed Use zoning district classification and use designation on approximately 0.72 acres of land generally located on the east side of Lillian Miller Parkway, approximately 170 feet north of Wind River Lane and approximately 100 feet west of Lake Fork Circle, as more particularly described as Lot 1, Block A of the Wind River Estates Addition, an Addition to the City of Denton, Texas (the "Property"); and WHEREAS, on April 14, 2004, the Planning and Zoning Commission recommended denial of a Specific Use permit for a drive-through facility; and WHEREAS, the City Council finds that the Specific Use Permit is consistent with The Denton Plan; and WHEREAS, in accordance with Subchapter 6 of the Development Code of the City of Denton, Texas, the City Council finds that all of the following conditions exist: The drive-through facility will be compatible with and not injurious to the use and · enjoyment of other property nor significantly diminish or impair property values wSthin the immediate vicinity; and The establishment of the drive-through facility will not impede the normal and orderly development and improvement of surrounding property; and Adequate utilities, access roads, drainage, and other necessary supporting facilities have been or will be provided; and The design, location, and arrangement of ail driveways and parking spaces provides for the safe and Convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; and Adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration; and Directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The fmdings and recitations contained in the preamble of this ordinance are incorporated herein. SECTION 2. A specific use permit hereby is approved on the Property to allow a drive- through facility within a Neighborhood Residential Mixed Use (NRM[D zoning district classification and use designation, subject to the following conditions: There shall be a six-foot high wood fence constructed on the Property between the Property and residential uses and residential zoning districts in accordance with Subchapter 35.13.8 of the Denton Development Code. The fence shall have steel posts with decorative caps and the smooth side of the fence shall face the residential uses and residential zomng districts,. SECTION 3. Notwithstanding the description of the Property, the property being rezoned includes all property to the centerline of all adjacent street rights-of-way. SECTION 4. The City's official zoning map is amended to show the change in zoning district classification. SECTION 5. Anyperson violating anyprovision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. 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 (10) days of the date of its passage. PASSED AND APPROVED this the __ day of ,2004. EULINEBROCK, MAYOR PAGE 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. Y BY: PAGE 3 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET May 4, 2004 Materials Management Questions concerning this acquisition may be directed to Bruce Henington 349-8134 Kathy DuBose ~ SUBJECT Consider adoption of an Ordinance of the City Council of the City of DeNon, Texas approving an agreement for construction services for the renovation of the City of Denton Civic Center and Emily Fowler Library between the City of DeNon and C.R. Reynolds, inc. based on the competitive sealed proposal method of procurement; providing for the expenditure of funds therefore; and providing an effective date (RFCSP 3148-Renovation of Civic Cemer and Emily Fowler Library awarded to C.R. Reynolds, inc. in the amoum of $2,634,637.50). REQUEST FOR COMPETITIVE SEALED PROPOSAL (RFCSP) INFORMATION This competitive sealed proposal is for the renovation of the Emily Fowler Library and the Civic Cemer. O'Neil Ford designed these two buildings and we have hired the Ford Carson and Powell firm to assist us in assuring that the renovations keep the integrity of the O'Neil Ford design imact. The buildings do need to be brought in to compliance with currem building codes, which include ADA requiremems and the addition of fire sprinklers. Eight (8) general comractors requested plans for the project. Competitive sealed proposals were received from two (2): C.R. Reynolds, inc. of Sherman, Texas and Tim Beaty Builders of Denton, Texas. The evaluation committee consisted of representatives from Materials Management, Facilities Management, Library, and the Parks Department staff as well as the architects from Booziotis & Co. C.R. Reynolds was determined to be the best and most responsive contractor. (See proposal summary). After evaluation of the proposals and subsequem selection of C.R. Reynolds as the best and most responsive bidder, value engineering negotiations resulted in additional savings of $52,582, reducing the $2,687,219.50 base bid with alternates to $2,634,637.50, which was within $5,500 of the architects estimate. RECOMMENDATION We recommend this construction contract be awarded to C.R. Reynolds, Inc. in the amount of $2,634,637.50. PRINCIPAL PLACE OF BUSINESS C.R. Reynolds, Inc. Sherman, TX Agenda Information Sheet May 4, 2004 Page 2 COST ESTIMATE The Architect's estimate for this project was approximately $2,629,282 before value engineering. ESTIMATED SCHEDULE OF PROJECT Renovation of Emily Fowler Library is scheduled to begin in June 2004 and both projects will be completed by April 2005. FISCAL INFORMATION This project will be funded from Emily Fowler Renovation Capital Project number 100080 and Civic Center Capital Project number 100087. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1 - Proposal Summary 1-AIS-RFCSP 3148 Attachment 1 Proposal Summary RFCSP #3148 Emily Fowler & Civic Center Renovation Budget/Architect Est. $ 2,629,282.00 C.R. Reynolds Tim Beaty Builders Proposal Proposal Alt. Alt. $2,249,330.00 339,339.50 98,550.00 $2,469,983.00 427,000.00 81,400.00 Construction Sub-total $2,687,219.50 $2,978,383.00 Proposal Amount Difference $291,163.50 Deduct $2,687,219.50 ($52,582.00) TOTAL $2,634,637.50 after *value engineering *value engineering - negotiations between project owner and contractor to determine alternate materials and processes that provide a "best buy or value" while still maintaining the quality and standard of the specification. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT FOR CONSTRUCTION SERVICES FOR THE RENOVATION OF THE CITY OF DENTON CIVIC CENTER AND EMILY FOWLER LIBRARY BETWEEN THE CITY OF DENTON AND C.R. REYNOLDS, iNC. BASED ON THE COMPETITIVE SEALED PROPOSAL METHOD OF PROCUREMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (RFCSP 3148-RENOVATION OF CIVIC CENTER AND EMILY FOWLER LIBRARY AWARDED TO C.R. REYNOLDS, iNC. iN THE AMOUNT OF $2,634,637.50). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the purchase of Construction Services 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. RFSCP NUMBER CONTRACTOR AMOUNT 3148 C.R. Reynolds, Inc. $2,634,637.50 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. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-RFSCP 3148 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: May 4, 2004 Materials Management Questions concerning this acquisition may be directed to Tom Shaw 349-7100 ACM: Kathy DuBose g'>~ SUBJECT Consider adoption of an Ordinance authorizing the City Manager to execute Change Order Two to the contract between the City of Denton and Booziotis and Company Architects; providing for the expenditure of funds therefore; and providing an effective date (Ordinance No. 2003-303; RFSP 3030-Architectural Services for Renovation of Civic Center and Emily Fowler Library awarded to Booziotis and Company Architects in the amount of $184,190, Change Order One in the amount of $16,875 and Change Order Two in the amount of $97,830 for a total amount of $298,895. CHANGE ORDER INFORMATION This Change Order is for additional services for design development, construction documents and bidding services. These additional services have been negotiated in the amount of $97,830, per the contract agreement. The additional design work for Emily Fowler Library includes architectural woodwork, storefront windows and doors, gyp soffits, signage, and person lift instead of elevator. The additional design work for the Civic Center includes north meeting rooms and north ADA restrooms, acoustic walls and ceilings, enlargement of the kitchen and first floor offices, enlargement of the storage area, controllable lighting, replacement of the north meeting room windows, repair of wood slats, a 1,725 sq. ft. community room, replacement of the walking track handrail, and new second floor offices. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) Council awarded RFSP 3030 Architectural Services for Renovation of Civic Center and Emily Fowler Library to Booziotis and Company Architects on September 16, 2003. RECOMMENDATION We recommend award of RFSP 3030 Change Order Two in the amount of $97,830 to Booziotis and Company Architects increasing the total amount of the contract to $298,895. PRINCIPAL PLACE OF BUSINESS Booziotis and Company Architects Dallas, TX Agenda Information Sheet May 4, 2004 Page 2 ESTIMATED SCHEDULE OF PROJECT The Emily Fowler Renovation is scheduled to begin on or about June 1, 2004. The Civic Center renovation is scheduled to begin August 1, 2004. FISCAL INFORMATION Funding for this Change Order will come from project numbers 100080442.1365.40100 ($12,077) and 100087442.1365.40100 ($ 85,753). Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Change Order Two 1-AIS-RFSP 3030 Change Order Two Attachment 1 ADDITIONAL SERVICES PROPOSAL NUMBER 2 (REVISED) April 16, 2004 Mr, B~ce Henin§ton, CFM Direc+.or Of Facilities Manecdemenf. City Of Denton 604 E. Hickory Denton, Texas 7~205 940.34~,7200 FAX: 940.349,824~' Please accept [his [etter of request for additior~sl services pert-he contract between the City of Denton and Booziot!s & Company Archita~s, dated September" .16, 2003 for A~chltec[ure[ services for the renov.~fions of the City of Denton Civic Center & Emily Fowler L~bra~/. We propose to provide De. sign Development, Co~$b-uction Document and t~idding and Cor~strUction Adminis~'afion services to the Construc~[or~ and Furniture, Fixture~ & Equipment amount of $3.333 r~iItlon. Per the contraot ~gr~emen~ ~nd our Contract Summary d~ed April 16, 2004~ ~;hese a~itionel services shell be compensated by '[he amount of If ~is meets with your accep~anc, e, please return this exeCuted documem. H0[ly~Hall ,~[lA-'~i~evp resident Date Booz[oiis 8, Company Architects ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER TWO TO THE CONTRACT BETWEEN THE CITY OF DENTON AND BOOZiOTiS AND COMPANY ARCHITECTS; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (ORDINANCE NO. 2003-303; RFSP 3030- ARCHITECTURAL SERVICES FOR RENOVATION OF CIVIC CENTER AND EMILY FOWLER LIBRARY AWARDED TO BOOZiOTiS AND COMPANY ARCHITECTS IN THE AMOUNT OF $184,190, CHANGE ORDER ONE iN THE AMOUNT OF $16,875 AND CHANGE ORDER TWO IN THE AMOUNT OF $97,830 FOR A TOTAL AMOUNT OF $298,895.) WHEREAS, on September 16, 2003 by Ordinance No. 2003-303, the City awarded a Professional Services Agreement to Booziotis and Company Architects in the amount of $184,190 for Professional Services for the design of the Renovation of the Civic Center and Emily Fowler Library; and WHEREAS, the Staffhaving recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and an increase in the payment amount, and said change order fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider' s profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Change Order No. Two, increasing the amount of the professional services agreement between the City and which is on file in the office of the Purchasing Agent, in the amount of Ninety-Seven Thousand Eight Hundred Thirty and 00/100 ($97,830) Dollars, is hereby approved and the expenditure of funds therefore is hereby authorized in accordance with said change order. The total purchase order amount increases to $298,895. 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 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-RFSP 3030 Change Order Two Page 2 of 2 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET May 4, 2004 Legal Department Herb Prouty, City Attorney SUBJECT: Consider the adoption of a resolution of the City Council of the City of Denton, Texas encouraging residents of the City of Denton to vote in the upcoming Denton County Bond Election on May 15, 2004; and providing an effective date. BACKGROUND: At your April 20 City Council meeting, the Judge of the County Commissioner's Court, Mary Horn, made a presentation on the Denton County bond issue that will be voted on by eligible voters of Denton County on May 15 of this year. As part of her presentation, she passed out a proposed Resolution which she asked the City Council to pass. Under the language of this Resolution, the City Council would strongly endorse the County bond issue, known as TRIP-04, and would urge voters to vote in favor of the election. The City Council has a policy of not endorsing bond elections or other propositions which will be subject to voter approval. The reasons why we feel it would not be advisable to pass the resolution exactly as proposed by Judge Horn are contained in the Legal Department's status report. Accordingly, we have drawn a substitute Resolution which contains most of the "whereas" clauses which Judge Horn's Resolution contains. The Resolution before you simply encourages all residents of the City, who are eligible to vote, to exercise their right to vote in the Denton County bond election. It does not endorse the election or urge the voters to vote for or against the bond propositions. This language is similar to the language proposed in the resolution urging citizens to vote in the recent Denton County Transportation Authority election. OPTIONS: The Council can pass the Resolution as proposed by the Legal Department. The Council can choose not to pass any resolution with regard to the Denton County bond election. RECOMMENDATION: The Legal Department recommends that you choose Option 1 and pass the Resolution drafted by the Legal Department, which simply urges voters to exercise their privilege to cast their votes in this important election. FISCAL IMPACT: There is no fiscal impact as a result of this resolution. Respectfully submitted, Herb Prouty, City Attorney RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ENCOURAGING RESIDENTS OF THE CITY OF DENTON TO VOTE IN THE UPCOMING DENTON COUNTY BOND ELECTION ON MAY 15, 2004; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Denton County is one of the fastest growing counties in the State of Texas; and WHEREAS, Denton County is one of four counties designated as "Non-Attainment" for Ozone and Nitrous Oxide; and WHEREAS, on-road mobile sources are the primary polluter within the DFW region; and WHEREAS, congestion on the existing roadway system threatens to reduce everyone's quality of life; and WHEREAS, failure to address these issues on a regional scale could result in jeopardizing receipt of federal transportation dollars; and WHEREAS, Demon County will hold a Bond Election - known as the Transportation Road Improvement Program (TRIP-04 & More) on May 15, 2004; and WHEREAS, Federal and State Transportation agencies can only fund about one-third of the needed roadways; and WHEREAS, Denton County has successfully utilized two previous bond programs to expedite the development of about $800 million of roads within Denton County; and WHEREAS, TRIP-04 will allow Denton County to continue to respond to the transportation and economic developments needs of the County; and WHEREAS, the Denton County Transportation Committee, a diverse 20 member citizens group representing all areas of Denton County, reviewed and recommended the projects that make up TRIP-04; and WHEREAS, TRIP-04 identifies comprehensive county-wide transportation priorities that are intended to further increase mobility within the County and Metropolitan region; and WHEREAS; the 44 roadway projects in TRIP-04 represents active partnerships between Denton County, State, local and private entities; and WHEREAS, TRIP-04 was developed in close cooperation with the Texas Department of Transportation and the North Central Texas Council of Governments; and WHEREAS, the $186,970,000 in TRIP-04 is estimated to generate nearly $1 billion in roadway improvements; and WHEREAS, the $17,900,000 in the Denton County bond election represents remodeling, refurbishing and building County facilities; and WHEREAS, the $2,000,000 is included to purchase elections equipment and bring Denton County into compliance with the Help America Vote Act (HAVA Act), which requires a special type of voting equipment at all polling places by 2007; and WHEREAS, TRIP-04 & More was submitted by the Denton County Citizen Bond Committee and approved by the Denton County Commissioners Court on March 9, 2004; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council urges all the residents of the City of Denton eligible to vote to exercise this right and make it a priority to vote in the Denton County bond election on May 15, 2004. SECTION 2. This Resolution 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: Page 2 of 2 AGENDA DATE: DEPARTMENT: CM: AGENDA INFORMATION SHEET May 4, 2004 City Manager's Office Mike Conduff, City Manager SUBJECT Consider nominations and appointments to the City's Boards and Commissions. BACKGROUND Council Member Redmon has a nomination to the Historic Landmark Commission due to the death of Mildred Hawk. Mayor Brock has an appointment to the Denton Housing Authority. Council may wish to suspend the rules and vote on any nominations made at this meeting. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary