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HomeMy WebLinkAboutAugust 3, 2004 Agenda AGENDA CITY OF DENTON CITY COUNCIL August 3, 2004 After determining that a quorum is presem, the City Council will convene in a Work Session on Tuesday, August 3, 2004 at 4:00 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Receive a report, hold a discussion and give staff direction regarding tree preservation regulations. (SI03-0012, Tree Preservation) Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of August 3, 2004. The City Council will attend a reception for Board and Commission members at 5:00 p.m. in the Council Work Session Room at City Hall. The City Council will convene in the Council Chambers at 6:00 p.m. at which the following items will be considered: 1. Consider approval of a resolution of appreciation for retiring Board/Commission members. 2. Oath of Office for New Board Members NOTE: The City Council reserves the right to adjourn imo a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended. Regular Meeting of the City of Demon City Council on Tuesday, August 3, 2004 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE mo 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. CITIZEN REPORTS mo Receive citizen reports from the following: 1. Troy Nivens, Demon Police Officers Association, regarding upcoming police department budget and equipment concerns. 2. Dessie Goodson regarding "responsibility". City of DeNon City Council Agenda August 3, 2004 Page 2 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-M). This listing is provided on the Consem Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consem Agenda. If no items are pulled, Consent Agenda Items A-M 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. mo Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of refuse bags; providing for the expenditure of funds therefor; and providing an effective date (Bid 3170 - Annual Comract for Semi-Transparent and Transparent Refuse Bags awarded to the lowest responsible bidder for each item in the estimated amoum of $70,000). Bo Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of PVC electrical fittings and accessories; providing for the expenditure of funds therefor; and providing an effective date (Bid 3179 - PVC Electrical Fittings and Accessories awarded to Techline in the estimated amoum of $293,407.31). Co Consider adoption of an ordinance awarding a comract for the purchase of Cisco hardware, software and peripherals supporting high speed communications connectivity over the City of DeNon network for voice and data services as awarded by the State of Texas Building and Procurement Commission through the Catalog Information Service Vendor (CISV) Catalog Program; providing for the expenditure of funds therefor; and providing an effective date (File 3199 - Purchase of Cisco Hardware and Software for Teleworks System awarded to ImerNetwork Experts in the amoum of $47,543). Do Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of Plano, Texas under Section 271.102 of the Local Government Code, to authorize participation in various City of Plano comracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 3200 - Imerlocal Agreemem with the City of Plano, Texas). mo Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the City of Plano under Section 271.102 of the Local Governmem Code, for the purchase of irrigation equipmem; providing for the expenditure of funds therefor; and providing an effective date (File 3191 - Imerlocal Agreemem for Irrigation Equipment with the City of Plano, contract awarded to Interspec, LLC in the estimated amoum of $26,000). City of Denton City Council Agenda August 3, 2004 Page 3 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of a hydraulic excavator for the Electric Distribution Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3188 - Hydraulic Excavator 40 HP Class awarded to Cominemal Equipmem Company L.P. in the amoum of $33,131.68). Consider approval of tax refunds for the following property taxes: Tax Name Reason Amount Year iOa i ~ist iB~i S~PI~ ~al 2003 $ 2, C0unt~ide/Sc0tt 01s0n Duplicate Payment 2003 604,84 ~re ~Pita~ ~ Ps ~ A~ S~P~nt~ 2003 83~ 4. Robson Ranch HOA DCAD Supplemental 2003 1012.30 Change 6. Title Resources Overpayment 2003 1098.21 ~i~ rvl~l~gg ~Pl~at ~nt 2003 5~ 8~ 8. Washington Mutual/Brian & Duplicate Payment 2003 713.95 Cynthia Carlisle ~1 Fag~ at~ Pa-f~nt ~003 5 Consider approval of a resolution approving the financing by the HFDC of Central Texas, Inc. of a health facility located within the City of Denton, Texas; providing an effective date. Consider adoption of an ordinance of the City of DeNon, Texas prohibiting parking during certain hours on the east side of Newton Street beginning 461 feet north of its intersection with Morse Street and continuing north to a point approximately 856 feet north of the intersection; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. Consider adoption of an ordinance of the City of DeNon, Texas prohibiting parking during certain hours on the both sides of Sun Valley Drive from its intersection with Stuart Road east for a distance of approximately 125 feet; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. Consider adoption of a ordinance authorizing the City Manager or his designee to execute an Encroachment Agreement to allow the installation of a monument sign within an existing City of DeNon Public Utility Easemem located adjacem to Lillian Miller Parkway just North of Wind River Road, said tract being described as a 0.0003 acres of land situated in the John McGowan Survey Abstract No. 797, in the City of Denton, Denton County, Texas, being part of a Lot 1, Block A of Wind River Estates Phase 1, an Addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet O, Slide 27, Plat Records, Denton County, Texas, and providing an effective date. City of DeNon City Council Agenda August 3, 2004 Page 4 Consider and confirm the re-appointment by the City Manager of Dr. Tory Caeti to the Civil Service Commission. Consider appoimmems to the following boards and commissions: 2. 3. 4. 5. Airport Advisory Board Community Developmem Advisory Committee Human Services Advisory Committee Library Board Traffic Safety Commission 5. ITEMS FOR INDIVIDUAL CONSIDERATION Consider adoption of an ordinance of the City of DeNon, Texas approving an Interlocal Cooperation Agreement between the City of Denton and the Denton County Transportation Authority providing LINK Operations Funding Assistance for September 2004, and providing an effective date. Consider approval of a resolution authorizing the City Council to appoim a Special Citizens Advisory Committee for the Capital Improvement Program; and declaring an effective date. Consider appointments to a special Citizens Advisory Committee to study capital improvemem needs for projects to be included in a February 2005 bond election and discuss the charge for the committee. 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. City of Denton City Council Agenda August 3, 2004 Page 5 CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of ,2004 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: August 3, 2004 Planning and Development Jon Fortune, Assistant City Manager SUBJECT: SI03-0012 (Tree Preservation) Receive a report, hold a discussion and give staff direction regarding Tree Preservation regulations. BACKGROUND: At the May 18, 2004 City Council Work Session on Tree Preservation, the Council raised three issues for further investigation and discussion for the City Council Tree Preservation Sub- committee. Those issues were as follows: 1. Agricultural exemptions - relating to size. 2. Developing an "Undesirable" tree list & mitigation ratios for undesirable trees. 3. Fine tuning the small lot & infill exclusion table (including waiver request raised by Council Member Redmon) Those three items and an additional item raised by staff were discusses at the July 1, 2004 tree preservation sub-committee meeting. The staff item relates to the applicability of the regulations regarding re-platting of property and developing on property that is currently platted. The recommendations of the sub-committee are outlined below. Agricultural exemption: The sub-committee is recommending leaving the exemption as currently drafted, which states that, any existing agricultural use greater than two (2) acres is exempt. Additionally, they are recommending that any property zoned Rural Residential (RD- 5) or Rural Commercial (RC) be exempt from the proposed regulations. This recommendation was in response to an issue of annexation. Although there is no properties currently zoned either RD-5 or RC, newly annexed property could receive one of those classifications thereby exempting them from the regulations. Developing an "Undesirable" tree list and mitigation ratios for undesirable trees: The sub- committee is recommending reduced regulations for Mesquite, Bois Arc, Locust, Hackberry and Cottonwood (note: Cottonwood was added by the sub-committee on July lSt.) with the following caveats: a. Undesirable tree relief must be requested. b. Relief must be accompanied by a tree survey. c. All trees will be considered "Quality Trees" unless a detailed inventory is submitted. d. A tree will be classified as an undesirable tree only if it's a stand alone tree and as an undesirable tree stand only if a minimum of 80% of the tree stand consists of undesirable trees. e. Preservation and mitigation requirements would be reduced by 50% for undesirable trees. 3. Fine tuning the small lot & infill exclusion table: The following revisions are proposed by the sub-committee: Alternative Small Lot Infill Exclusions Table Size Preservation Requirement Historic T~,ees-(The regulations already identify that Historic Trees Less than ½ acre must be preserved - the subcommittee believes that listing Historic Trees in the table is redundant· Pfismric T~"ee-s ½ acre to 1 acre Protected Trees mitigated at a 1:0·5 ratio· Infill Lots 1 acre to 2.5 acres Protected Trees mitigated at a 1:1 ratio· Protected Trees mitigated at a l: 1.5 ratio· 2.5 acres to 5 acres Quality Tree requirements reduced by 50% (10% sf & 12·5%), may mitigate an additional 50% at a 1:1 ratio· Less than ½ acre Protected Trees mitigated at a 1:0·5 ratio· ½ acre to 1 acre Protected Trees mitigated at a 1:1 ratio· Protected Trees mitigated at a l: 1.5 ratio· Non- 1 acre to 2.5 acres Infill Quality Tree requirements reduced by 50% (10% sf & 12·5%), may Lots mitigate an additional 50% at a 1:1 ratio· D~+~o+~A T ..... ;+;~+~1 ~+ ~ 1 .1 "7< · ' 0 0 0 (The sub-committee believes that "green field" developments greater than 2.5 acres in size should adhere to the "full" regulations· Staff further refined the concept of an Alternative Small Lot Infill Exclusions Table to include all the preservation and mitigation requirements into one table (Attachment 3). The outline of the regulations will need to be modified, but having all the regulations in one table (instead of three) should minimize confusion and make the regulations easier to understand. Staff Item: This item relates to the re-platting of property and developing on property that is currently platted. The proposed regulations will be imbedded in Section 13 (Site Design Standards) of the Development Code. Those regulation impact site design and are typically applied during building permitting and not platting. However, Section 2C1 of the draft regulations exempts developments that have a completed application on file for a preliminary plat or a building permit, whichever is applicable, as of the effective date of the ordinance. For clarification, staff interpretation of that section is just as it's written - any active plat and/or building permit application is exempt from the regulations. However, the issue is, what happens to a non-residential project currently going through the platting process. As the site design standards apply at the time a building permit is applied for, the tree preservation standards would apply, even though the plat was exempt. In essence, only single-family plats and building permits currently being processed would be exempt from the regulations, unless they meet one of the current exemptions. Unless Council directs staff otherwise, we will apply the tree preservation regulations to all non-residential projects submitted after the effective date of the ordinance. This interpretation is similar to how we handled the site plan requirements implemented with the adoption of the Development Code. All new developments were (and are) required to follow the new site plan and architectural requirements identified in Subchapter 13. Issues regarding "fairness" to developments caught between the new and old regulations were addressed with the Local Permit process, which is applicable to any new regulation going into effect. If you recall, Section 35.3.8 (Local Permit Procedure) provides a mechanism for applicants to be processed under the preexisting land development regulations. There is no fee for a Local Permit, but application must be made within six (6) months of the effective date of a revised regulations or the applicant shall be deemed to have waived his rights to seek such a determination. Although staff is recommending that the applicability of the tree preservation regulations be treated in the same manner as the site and architectural standards, the general assumption in the development community is that property already platted would be exempt from the regulations. The subcommittee did not reach a consensus on the issue, and directed staff to raise it as a policy issue for the entire Council to decide. PRIOR ACTION/REVIEW (Council, Boards, Commissions) November 5, 2003 November 12, 2003. December 2, 2004 January 6, 2004 City January 28, 2004 City February 4, 2004 City February 11, 2004 City February 18, 2004 City February 25, 2004 City March 10, 2004 City April 5, 2004 City May 18, 2004 City July 1, 2004 City Planning and Zoning Commission work session. Planning and Zoning Commission public hearing City Council work session. Council public hearing Council Tree Preservation Council Tree Preservation Council Tree Preservation Council Tree Preservation Council Tree Preservation Council Tree Preservation Council Tree Preservation Council work session Council Tree Preservation Sub-committee meeting Sub-committee Sub-committee Sub-committee Sub-committee Sub-committee Sub-committee meeting meeting meeting meeting meeting meeting Sub-committee meeting FISCAL INFORMATION It is likely that the requirements of the proposed regulations will increase the cost of development on properties with trees. The regulations will also increase air and water quality and property values. RECOMMENDATION The Planning and Zoning Commission recommends approval of the "original" ordinance 6-0, Roy absent. ATTACHMENTS 1. Revised Tree Preservation Regulations 2. Red line strike out copy 3. Combined Preservation / Mitigation Table 4. July 1, 2004 Tree preservation sub-committee meeting draft minutes Prepared bi/: j,~ Assistant Director of Planning and Development Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development DRAFT TREE PRESERVATION ORDINANCE Purpose and Intent The Denton Plan identifies the importance of environmental management. The purpose of these regulations is to promote the preservation of trees, tree stands, including but not limited to remnants of the Cross Timbers Forest and existing tree canopy, to protect trees during construction, to facilitate site design and construction that contribute to the long term viability of existing trees which improves environmemal conditions, specifically to comply with air and water quality regulations, to increase property values and to develop a process to control the removal of trees. It is the further purpose of this ordinance to achieve the following broader objectives: A. Prevent untimely and indiscriminate removal or destruction of trees. B. Maimain and enhance a positive image of the City. C. Protect trees and promote the ecological, environmental and aesthetic values of the City. D. Preserve historic trees. E. Provide for a permitting and enforcemem procedure. Applicability A. Unless exempt under Subsection C, this Subchapter shall apply to: 1. Undeveloped land. 2. All property to be redeveloped including additions or alterations, but not including interior alterations or exterior alterations that do not change the footprim of the building. 3. Gas Well Development including but not limited to gas well transmission lines. 4. Right of way, streets, parks, and other public property under the jurisdiction of the City of DeNon. To the extent there is a conflict between this Subsection and any other Subsection including but not limited to Subsection 35.17.9 (Upland Habitat Developmem Standards) and Subsection 35.22.5.A.8.c (Gas Well Drilling and Production), the more stringent requirement shall apply. Exemptions: 1. Developments that have a completed application on file for a final or preliminary plat for a single-family developmem or a building permit, whichever is applicable, as of the effective date of this ordinance. 2. Existing agricultural uses greater than two (2) acres. 3. Platted property on which a single-family or two-family residemial dwelling unit(s) exists. 4. Trees located in the visibility triangle area, as defined in the Transportation Criteria Manual. 5. Public utility projects associated with a master plan, conducted by a public utility or a municipal owned utility. DRAFT TREE PRESERVATION ORDINANCE Page 1 of 16 July, 2004 DRAFT TREE PRESERVATION ORDINANCE 6. Public Utilities have the right to trim, cut, and/or remove any and all trees that: a. Interfere with or encroach upon the operations of the utilities; or b. Create a safety issue for utility crews; or c. Create a safety issue for the public. 7. City Landfill and Airport. 8. Nursery trees that are planted and growing on the premises of a Wholesale Nursery that are intended for sale in the ordinary course of business. 9. Any tree determined to be diseased, dying or dead, by a qualified professional or creating a public nuisance or damaging a foundation. la. Any tree determined to be causing a danger or be in hazardous condition as a result of a natural event such as tornado, storm, flood or other act of God that endangers the public health, welfare or safety and requires immediate removal. 11. Clearing of understory necessary to perform soil borings, boundary surveying of real property or to conduct tree surveys or inventories As long as the clearing for surveying shall not exceed a width of two (2) feet for general survey (i.e. of easement boundary, etc.) and eight (8) feet for survey of property boundary lines and any tree having a ten (la) inch dbh or greater shall not be removed under this exemption during such boundary or general surveying. 12. Capital Improvement Projects awarded prior to the effective date of this Subsection. 13. Property zoned Rural Residential (RD-5) or Rural Commercial (RC) Permit required A. No person, directly, or indirectly, shall cut down, destroy, remove or move, or intentionally destroy or damage any Quality Tree, Protected Tree, or Historic Tree without first obtaining a tree removal permit and complying with the requirements of this Subsection. B. No grading shall take place on any undeveloped property that contains trees subject to this Subsection without obtaining a tree removal permit. C. No heavy equipment shall be moved onto a site prior to all applicable permits being issued. D. Trees greater than 3 "dbh and not identified as a Quality Tree, Protected Tree, or Historic Tree within this Subsection may be removed with a permit. E. Trees less than 3" dbh and not identified as a Historic Tree may be removed without a permit. Permit Review and Approval Process A. The Director shall adopt rules establishing the requirements for the permitting and approval process in the Application Criteria Manual. The rules shall include information required by the Director to determine if the application is complete. DRAFT TREE PRESERVATION ORDINANCE Page 2 of 16 July, 2004 DRAFT TREE PRESERVATION ORDINANCE B. A request for tree removal permit shall be submitted and approved prior to the removal of any Quality Tree, Protected Tree, or Historic Tree in the City. C. A complete application shall be submitted along with the application fee, if required. The fees shall be established by City Council and published in the Application Criteria manual. D. A Tree Inventory Plan and a Tree Replacement/Mitigation Plan, if required, must be submitted with the tree removal permit application. E. Permits for tree removal issued in connection with a building permit or clearing and grading permit shall be valid for the same period of time. Tree removal permits issued not in connection with a building permit or clearing and grading permit are valid for 180 days. F. After the tree removal permit is issued, the permit holder shall post a tree protection sign, supplied by the City, at each entrance to the property and at any other location designated by the City. G. Upon the request of the applicant, the Planning Director shall be authorized to work with the owners, developers, and builders to make non-substantive changes, within the scope of the ordinance, to plans, permits, and other requirements throughout the development and construction processes that will provide the greatest reasonable tree survival. The decision of the Planning Director may be appealed by the applicant to the Planning and Zoning Commission under Subsection 35.3.5. H. The applicant may file an application for relief from the Tree Preservation/Mitigation requirements in this Subsection pursuant to Subsection 35.3.11 on grounds therein specified to the City Council within ten (10) calendar days of the posting of the decision by the DRC. The Council shall decide the petition based upon the criteria in Subsection 35.3.11. Tree Designations A. Protected Trees Any healthy tree with an eighteen (18) inch or greater dbh and not in a Quality Tree Stand or a Mesquite, Bois Arc, Locust Hackberry and/or Cottonwood species. All trees greater than eighteen (18) inches dbh shall be considered a Protected Tree unless a detailed tree inventory is submitted verifying the presence of Mesquite, Bois Arc, Locust Hackberry and/or Cottonwood species. Historic Trees 1. A Historic Tree is a healthy tree that stands at a place where an event of historic significance occurred that had local, regional, or national importance; or at the home of a citizen who is famous on a local, regional, or national basis. 2. A tree may also be considered historic if it has taken on a legendary stature to the community; mentioned in literature or documents of historic value; or considered unusual due to size, age or has landmark status. DRAFT TREE PRESERVATION ORDINANCE Page 3 of 16 July, 2004 DRAFT TREE PRESERVATION ORDINANCE 3. The Historic Landmark Commission will make recommendations for Historic Tree designations to the Planning and Zoning Commission (which will conduct a public hearing and include property owner notification) for ultimate approval by the City Council. Upon designation, each tree shall be added to a Historic Tree Registry map to be maintained by the Planning and Development Department. Quality Trees All healthy trees that have a dbh that is greater than six (6) inches, but is less than eighteen (18)inches and not within a Quality Tree Stand. All trees shall be considered Quality Trees unless a detailed tree inventory is submitted identifying Undesirable Trees. Quality Tree Stand Three or more contiguous Quality Trees whose canopies are generally clustered together. All Tree Stands shall be considered Quality Tree Stands unless a detailed tree inventory is submitted identifying the tree stand as an Undesirable Tree Stand. Large Undesirable Trees All healthy Mesquite, Bois Arc, Locust Hackberry and/or Cottonwood trees with an eighteen (18) inch or greater dbh.. Undesirable Trees All healthy Mesquite, Bois Arc, Locust Hackberry and/or Cottonwood trees that have a dbh that is greater than six (6) inches, but is less than eighteen (18)inches. Undesirable Tree Stand Three or more contiguous Undesirable Trees whose canopies are generally clustered together. An undesirable tree stand must consist of a minimum eighty (80) percent of undesirable tree species. Preservation The following shall apply unless an application for relief is filed and approved under Subsection 35.3.11. A. Any tree designated as a Historic Tree shall be preserved. B. Any tree designated as a Protected Tree or a Large Undesirable Tree shall be preserved unless mitigated under the requirements of Subsection 7. C. The minimum percentages of all dbh or percentage tree canopy of Quality Trees and Quality Tree Stands that must be preserved or mitigated are shown on Table 1. DRAFT TREE PRESERVATION ORDINANCE Page 4 of 16 July, 2004 DRAFT TREE PRESERVATION ORDINANCE Table 1 Single-family & Multi-family and Mitigation Duplex Dwellings Non-Residential Uses Up to 50% of the percentage 20% within the 25% within the required to be preserved may Quality Trees and entire entire be mitigated under the Quality Tree Stands development, development, requirements of this Subsection. Up to 100% of the percentage Undesirable Trees 10% within the 12.5% within the required to be preserved may and Undesirable entire entire be mitigated under the Tree Stands development, development, requirements of this Subsection. Do mo All percentages relating to preservation stated within this section shall be based on the initial tree inventory plan. Any subsequent redevelopment of property must minimally preserve the applicable percentage of the total dbh of quality trees as indicated by the initial tree survey. A notation shall be placed on the Site Plan or Final Plat identifying each Quality Tree, Quality Tree Stand, Protected Tree and/or Historic Tree required to be preserved under this Subsection. The notation shall limit any future land disturbing activity or construction that would impact and/or damage the tree(s) to be preserved or protected and shall run with the land and be binding upon all successors and assigns of the current owner. Mitigation If preservation cannot be reasonably achieved, then the following mitigation standards shall apply. A. Protected Trees may be removed if mitigated at a ratio of 1:2 (every 1" removed requires 2" towards mitigation required under this Subsection). B. Large Undesirable Trees may be removed if mitigated at a ration of 1:1. C. Quality Trees and Undesirable Trees may be removed in excess of the minimum preservation requirement contained in Table 1 provided the excess removal is mitigated as identified in Table 2 DRAFT TREE PRESERVATION ORDINANCE Page 5 of 16 July, 2004 DRAFT TREE PRESERVATION ORDINANCE Table 2, Mitigation (^) (B) (c) Method Description Restrictions 1. Establishment and The cumulative total of all Trees that are required to maintenance of new trees Quality Trees removed in be planted in compliance on site at the required ratio excess of the minimum with other development in Column B. preservation requirement regulations (parking lot contained in Table 1 shall canopy, buffers, street be mitigated at a ratio of trees) shall not be counted 1:1.5 (every 1" removed for the purpose of requires 1.5" towards satisfying mitigation mitigation), requirements. Only tree species The cumulative total of all identified on the Tree Undesirable Trees Mitigation Replacement removed in excess of the Table, located in the Site minimum preservation Design Criteria Manual, shall be planted for requirement contained in Table 1 shall be mitigated mitigation purposes. at a ratio of 1:0.75 (every If more than ten trees will 1" removed requires 0.75" be planted for mitigation, towards mitigation), a minimum of four species, from the Tree Mitigation Replacement Table shall be planted. In such case no one specie may total more than 50% of the total number of trees planted. 2. Preservation of existing See Subsection 7.F. See Subsection 7.F. trees off-site within a Tree Bank. See Subsection 7.F. DRAFT TREE PRESERVATION ORDINANCE Page 6 of 16 July, 2004 DRAFT TREE PRESERVATION ORDINANCE 3. Plant new trees on The cumulative total of all Off-site plantings shall Public Property at the Quality Trees removed in also include maintenance required ratio identified in excess of the minimum and irrigation for a period Column B. See preservation requirement of not less than three (3) Subsection 9. contained in Table 1 shall years. Security for the be mitigated at a ratio of cost of maintenance shall 1:1.5 (every 1" removed be in the form of a cash requires 1.5" towards bond, surety bond, or mitigation), letter of credit. The cumulative total of all Undesirable Trees removed in excess of the minimum preservation requirement contained in Table 1 shall be mitigated at a ratio of 1:0.75 (every 1" removed requires 0.75" towards mitigation). 4. Payment to the tree See subsection E of this See subsection E of this mitigation fund. See Section. Section. Subsection E of this Section. 5. Any combination of Method 1, 2, 3 and 4. C. Each replacement tree shall be a minimum of 2" caliper measured 6" above grade and at least 5' in height when planted. D. Upon completion of the three-year landscape establishment period, for replacement trees, the City shall inspect the trees and determine whether ninety percent (90%) of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the City shall release the currency, bond or letter of credit. In the absence of such a finding, the Applicant shall be notified to replace any unhealthy or dead trees. If the applicant does not take remedial steps to bring the property into compliance, the City shall make demand for payment on the cash bond, surety bond, or letter of credit. The City may use all legal remedies to enforce this subchapter in addition to making demand on the security provided herein. E. Tree Fund 1. The City shall administer the Tree Fund. Tree funds shall be used to purchase, plant and maintain trees on public property, to preserve wooded property that remains in a naturalistic state in perpetuity, to perform and maintain a city-wide tree inventory and to educate citizens and developers on the benefits and value of trees. DRAFT TREE PRESERVATION ORDINANCE Page 7 of 16 July, 2004 DRAFT TREE PRESERVATION ORDINANCE 2. The applicant shall pay the fees established by City Council and published in the Development Review Fee Schedule in the Application Criteria Manual. The fee shall be based on the fair market value of materials and labor at the time of planting and the the reasonable estimated cost for maintenance and irrigation for a period of three (3) years. 3. Fees contributed to the Tree Fund shall be paid prior to the issuance of a Clearing and Grading Permit on all Commercial, Industrial, or Multi-Family Residential buildings, prior to final approval of a Gas Well Development Plat and prior to filing a Final Plat application for all Residential and Non-Residential Subdivisions as may be applicable. 4. Voluntary contributions for tree preservation shall be placed in the Tree Fund. F. Tree Banks 1. Areas of a minimum of one acre that have the characteristics of Cross Timber Forests are eligible to be classified as a Tree Bank. 2. Designation of a Tree Bank and transfer of tree credits shall be approved by the DRC Chairman. 3. Tree Banks shall be preserved with a permanent easement that shall limit any future land disturbing activity or construction that would impact and/or damage the tree(s) and shall run with the land and be binding upon all successors and assigns of the current owner. Methods for the long-term conservation of said trees may include permanent conservation easements, restrictive covenants, or other such legal mechanisms. 4. Only portions of a Tree Bank not designated towards tree credit may be used for mitigation as identified in this Subsection. 5. Trees that are required to be preserved in compliance with other development regulations shall not be credited towards the Tree Bank. G. Areas that are un-developable, including but not limited to floodplain, wetlands and riparian areas, shall not be designated as Tree Banks. DRAFT TREE PRESERVATION ORDINANCE Page 8 of 16 July, 2004 DRAFT TREE PRESERVATION ORDINANCE 7. Small Lot / Infill Exclusion The following table identifies the required preservation and mitigation requirements for small lots and infill lots. Small Lot Infill Exclusions Table Size Preservation & Mitigation Requirement Less than ½ acre None Protected Trees mitigated at a 1:0.5 ratio. ½ acre to 1 acre Large Undesirable Trees mitigated at a 1:0.25 ratio Protected Trees mitigated at a 1:1 ratio. 1 acre to 2.5 acres Infill Large Undesirable Trees mitigated at a 1:0.5 ratio Protected Trees mitigated at a 1:1.5 ratio. Lots Large Undesirable Trees mitigated at a 1:0.75 ratio Quality Tree requirements reduced by 50% (10% sf & 12.5%), may 2.5 acres to 5 acres mitigate an additional 50% at a 1:1 ratio. Undesirable Tree requirements reduced by 50% (5% sf & 6.25%), may mitigate an additional 50% at a 1:0.5 ratio. Protected Trees mitigated at a 1:0.5 ratio. Less than ½ acre Large Undesirable Trees mitigated at a 1:0.25 ratio Protected Trees mitigated at a 1:0.75 ratio. ½ acre to 1 acre Non- Large Undesirable Trees mitigated at a 1:0.325 ratio Protected Trees mitigated at a 1:1.25 ratio. Infill Large Undesirable Trees mitigated at a 1:0.625 ratio Lots Quality Tree requirements reduced by 50% (10% sf & 12.5%), may 1 acre to 2.5 acres mitigate an additional 50% at a 1:1 ratio. Undesirable Tree requirements reduced by 50% (5% sf & 6.25%), may mitigate an additional 50% at a 1:0.5 ratio. Preservation Incentives A. Tree Credits 1. All Quality Trees and Quality Tree Stands that are preserved beyond the minimum requirements identified in Table 1 shall be credited towards landscape canopy requirements as identified in Table 3. 2. All Quality Tree Stands with existing understory that are preserved beyond the minimum requirements identified in Table 1 shall be credited towards landscape canopy requirements at a ratio of 1:2. 3. Unless trees preserved are an integral part of the parking lot design, they will not be credited towards parking lot canopy requirements. 4. Unless trees preserved are an integral part of a required buffer design, they will not be credited towards buffer requirements DRAFT TREE PRESERVATION ORDINANCE Page 9 of 16 July, 2004 DRAFT TREE PRESERVATION ORDINANCE Table 3 Credit Received towards landscape canopy requirements for Preservation Beyond Minimum Requirements Identified in Table 1 Tree Classification Credit Ratio Quality Tree 1:1.3 Quality Tree - Oak Species 1:1.5 Quality Tree Stands without understory 1:1.55 Quality Tree Stands consisting of a minimum 90% Oak Species 1:1.75 Quality Tree Stands with understory 1:1.8 Quality Tree Stands consisting of a minimum 90% Oak Species 1:2 with understory B. Parking Spaces For every twelve (12) dbh of Quality Tree(s) that have been protected on site, beyond the minimum requirements identified in Table 1, one (1) parking space may be added to or subtracted from the required number of parking spaces up to a fifteen (15) percent increase or decrease. Upon the approval of the Director of Planning and Development, a waiver of up to thirty (30) percent may be granted. C. Parking Lot Design The Director of Planning and Development may allow parking lot design and parking lot landscaping requirements to vary from adopted standards to preserve existing trees. D. Subdivision Design The following incentives may be approved by the DRC Chairman and must be commensurate with the quality and character of the trees to be preserved: 1. Block Length may be increased up to twenty five (25) percent. 2. Cul De Sac Length may be increased up to twenty five (25) percent. 3. Alternative sidewalk locations. 4. Offset street location within a right-of-way. Other Incentives The employment of the following incentives must be approved by City Council and must be commensurate with the quality and character of the Trees to be placed within a conservation easement or otherwise conserved and the extent to which the preserved land contributes to the preservation of the remnants of the Cross Timber Forest. Incentives may include but are not limited to: 1. Fee waivers or credits, 2. Reduced open space/park land dedication requirements, DRAFT TREE PRESERVATION ORDINANCE Page 10 of 16 July, 2004 DRAFT TREE PRESERVATION ORDINANCE 3. Reduction of monetary assessments relative to agricultural rollback taxes, 4. Tax abatements, 5. Tax Increment Financing, 6. Chapter 380 grant of money, 7. Transfer of Development Rights, and/or 8. Purchase of Development Rights - purchase by Government or Trust. Enforcement A. The City Arborist, Building Official or an authorized representative of the City shall have the authority to place a Stop Work Order on any activity involving the removal of Protected Tree(s), Historic Tree(s) Quality Tree(s) or Quality Tree Stand(s) or that may otherwise endanger trees contrary to the provisions of this Subsection and applicable Criteria Manuals. The Building Official may deny all Permits and Certificates of Occupancy for any site which is not in compliance with this Subsection and applicable Criteria Manuals. B. Each tree removed in violation of this Subsection shall constitute a distinct and separate offense. C. Each tree preserved or planted under this Subsection that is removed, destroyed or dies within three (3) years of approval shall constitute a distinct and separate offense. D. It shall be a defense that trees are injured or destroyed by natural causes, natural disasters, including but not limited to tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or through the independent unauthorized actions of third parties. E. The enforcement and penalty provisions of Subsection 35.1.10.4 shall apply to this Subsection. Plan Submissions (To be located in the Application Criteria Manual) A. Tree Inventory Plan. A tree inventory plan shall delineate site boundaries and site trees by type, size (dbh) and/or canopy and species. An inventory map shall be prepared by a registered landscape architect, urban forester, botanist, arborist or other qualified professional and be submitted with a preliminary plat and/or building permit application. B. Tree Preservation/Replacement Plan. A tree preservation plan shall be submitted before the approval of a final plat and/or building permit and shall contain sufficient detail to show the following: 1. The location of existing and proposed improvements; 2. The limits of clearing and grading; DRAFT TREE PRESERVATION ORDINANCE Page 11 of 16 July, 2004 DRAFT TREE PRESERVATION ORDINANCE 3. The location, size and health of all existing trees to remain, including tree credit calculations (canopy coverage) and methods proposed to comply with tree protection requirements during construction; 4. The location of any and all permanent conservation easements, restrictive covenants, or other such legal mechanism to allow for the long-term conservation of any and all trees required to be preserved. 5. The location, size and health of all existing trees proposed to be removed, including calculations (total dbh removed in excess of minimum requirements) to determine the replacement requirements; 6. Identification of all trees eligible for preservation; 7. The location and dimensions of boundary lines. 8. If Tree Stand credits are proposed, the type and species of existing understory plants (if any). C. Simplified Survey. 1. An aerial photo of the property showing the tree coverage may be used to identify groups of trees that will be preserved if mitigation is not proposed. 2. Large tree stands (greater than 1,000 square feet), which will be mitigated, may be inventoried by performing a detailed study within a specified 100 foot by 100 foot area. The study area shall be a representative sample of the entire tree stand and must be approved by the City prior to performing the survey. The survey shall include the size, species and health of all existing trees within the area. The results of the survey will be applied to the total area of the tree stand to determine the total dbh within the tree stand. 3. If no Protected Trees, Historic Trees, Quality Trees or Quality Tree Stands exist on the property, a letter stating what does exist on the property may be submitted in lieu of a survey. D. The Tree Inventory Plan and the Tree Preservation Plan may be combined on one document. Tree Protection (To be included in the Site Criteria Manual) Construction Plans shall include necessary notes and details to ensure the viability of Protected Tress, Historic Trees, Quality Trees and/or Quality Tree Stands (Trees) including their roots, during construction. A. All trees identified on the tree preservation plan required to be preserved shall be protected during construction. All tree protection measures shall be in place and approved prior to the commencement of any on-site construction. Protection measures such as fencing shall be maintained at all times during construction. B. The developer shall not establish and maintain a construction entrance that is within the critical root zone of any Tree unless the root zone is adequately protected. DRAFT TREE PRESERVATION ORDINANCE Page 12 of 16 July, 2004 DRAFT TREE PRESERVATION ORDINANCE C. Material intended for the use in construction or waste materials accumulated due to excavations or demolition shall not be placed within the limits of the critical root zone. D. Equipment shall not be cleaned or other foreign materials deposited or allowed to flow overland within the critical root zone of a protected tree. This includes without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar materials. E. Signs, wires or other objects, other than those of a protective nature shall not be attached to any Tree. However, lighting of a decorative nature may be attached to a Tree. The lighting shall be attached in a manner as not to damage the protected tree. F. Vehicular and or construction traffic or parking shall not take place within the limits of the critical root zone of any Tree other than on an existing paved surface. This restriction does not apply to access within the critical root zone for the purpose of clearing underbrush, which shall only be done by hand methods, vehicular traffic necessary for routine utility maintenance or emergency restoration of utility services or routine mowing operations. G. Grade changes shall be allowed within the limits of the critical root zone of any Tree only upon approval by the city. If approved, major grade changes (i.e. four inches [4"] or greater) within the critical root zone of a Tree will require additional measures to maintain proper oxygen and water exchange with the roots. Root pruning will be required when disturbance will result in root exposure. Root pruning shall be completed a minimum of two (2) weeks prior to any construction activity within the critical root zone of the protected tree. H. No paving with asphalt, concrete or other impervious materials shall occur within the critical root zone of a Tree. I. In those areas where a Tree is within 50 feet of a construction area, a protective fence, minimum of four feet (4') in height, shall be erected and maintained outside the critical root zone of each Tree. The protective fencing shall only be required on the subject site, if the critical root zone extends onto an adjacent property. J. Boring of utilities under Trees shall be required in those circumstances where it is not possible to trench around the critical root zone of a Tree. When required, the length of the bore shall be the width of the critical root zone plus two feet (2') on either side of the critical root zone and shall be at a minimum depth of 48 inches. K. Any physical damage to a Tree preserved for credit that is considered to place the survival of the Tree in doubt shall be eliminated as a credited tree and will require additional trees to be planted in its place at the required ratio. L. Where Tree removal is allowed through an exemption or by a tree removal permit and the root system is intertwined with the protected trees that are intended to be saved, the tree shall be removed by flush cutting with the natural level of the surrounding ground. Where stump removal is also desired, the stump grinding shall be allowed, or upon approval of the City, a trench may be cut between the two trees sufficient to cut the roots near the tree to be removed, thereby allowing removal of the remaining stump without the destruction of the root system of the saved tree. DRAFT TREE PRESERVATION ORDINANCE Page 13 of 16 July, 2004 DRAFT TREE PRESERVATION ORDINANCE Tree Planting Restrictions A. Bo Co (To be included in the Site Criteria Manual) Overhead Lines: Any required replacement tree(s) shall not be planted within an area (both vertically and horizontally) such that the mature canopy will be within ten feet (10') of any overhead utility lines. Underground Utilities: Any required replacement trees or street trees shall not be planted within 5' of underground public utility lines, including water lines, sewer lines, transmission lines, or other utilities. No trees may be planted within 10' of a fire hydrant. Street Comers: No tree shall be planted in the visibility triangle area, as defined in the Transportation Criteria Manual. The Tree Mitigation Replacement Table will be incorporated into the Site Criteria Manual Tree Mitigation Replacement Table Common Name Botanical Name Large Trees Pecan Carya illinoinensis Hickory Carya sp. Ash Fraxinus sp. Walnut ~luglans sp. Sweet Gum Liquidamber styraciflua Chinese Pistachio Pistacia chinensis Oak Quercus sp. Bald Cypress Taxodiurn distichurn Elm Ulrnus sp. Medium Trees Pine Pinus sp. Small Trees Redbud Cercis canadensis varieties Texas Persimmon Diospyrus texana DRAFT TREE PRESERVATION ORDINANCE Page 14 of 16 July, 2004 DRAFT TREE PRESERVATION ORDINANCE Definitions (To be included in Subchapter 23 of the Code) Clear Cutting: The removal of all of the trees or a significant majority of the trees within an area. Critical Root Zone (CRZ): The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line but not less than one foot radius for each one inch dbh. dbh: Diameter at breast height (dbh) is the tree trunk diameter measured in inches at a height of four and one-half (4 ½) feet above existing ground level. For single-trunk trees, the width shall be measured at four and one-half feet (4 ½ ') above ground level. For multi-trunk trees, combine the diameter of largest stem or trunk with one-half of the diameter of each additional stem or trunk, all measured at four and one-half feet (4 ½ ') above ground level. Drip Line: A vertical line run through the outermost portion of the canopy of a tree and extended to the ground. Healthy Tree: A healthy tree is a tree that is vigorously growing and is free of structural problems such as hollows or voids, free of disease, or insect problems and has a root system that is large enough to support its above ground mass. Limits of Construction: Delineation on a graphic exhibit, which shows the boundary of the area within which all construction activity will occur. Public Utilities: For the purposes of tree preservation provisions of the Denton Development Code, the term, Public Utilities includes public sanitary sewers, public water mains, public streets, public storm sewers, public detention ponds municipally- owned electric utilities, electric cooperatives, investor- owned electric utilities, telephone companies, cable television companies, and other utilities defined under Texas law as "public utilities," as well as any contractor hired by these utilities. Protective Fencing: Temporary chain link fence, wire fence, orange vinyl construction fence, snow fencing or other similar fencing with a minimum four-foot (4') height. Qualified Professional: A qualified professional is a person with a minimum of a Bachelor of Science Degree in any of the following disciplines: Forestry, Horticulture, Botany and/or Plant / Soil Science or, an Arborist that has been certified by the International Society for Arboriculture, a Texas Certified Nursery Professional, a Texas Master Certified Nursery Professional certified by the Texas Nursery and Landscape Association or a Licensed Landscape Architect. Removal: Removal means an act that causes or may be reasonably expected to cause a tree to die including uprooting, severing the main trunk, damaging the root system and excessive pruning. Root Pruning: Shall mean to cut away, remove, cut off or cut back all or parts of the root. All root pruning shall be in accordance with approved methods set forth in the National Arborist Association Standards. DRAFT TREE PRESERVATION ORDINANCE Page 15 of 16 July, 2004 DRAFT TREE PRESERVATION ORDINANCE Tree Protection Sign: A sign furnished by the City upon approval of a tree survey or tree permit that describes prohibited conduct detrimental to trees. Understory: A grouping of native, noninvasive low-level woody, herbaceous, or ground covers species with stems less than 1 inch dbh. 35.3.11 Tree Preservation Relief Provisions (This section will be added to Subchapter 3 (Procedures) of the Development Code. mo The purpose of this provision allows a determination of whether the application of the Demon Developmem Code as applied to a Tree Removal Application and related developmem applications, would if not modified or other relief grained, may unreasonably burden the developmem of the property. Bo A property owner or his authorized agem may file an application for relief under this Subsection following a final decision to deny or conditionally gram an application for a Tree Removal Permit. Co The Director has the authority to establish requiremems for Applications for Tree Preservation Relief in the Application Criteria Manual. No application shall be accepted for filing umil it is complete and the fee established by the City Council has been paid. Do Upon approval of an application for relief in whole or in part by the City Council, the Director shall process the Tree Removal Permit and related development applications pursuam to the relief grained on the application for relief approved by the City Council. E. A denial of an application for relief by the City Council is a final determination. Fo Criteria for Approval. In deciding whether to gram relief to the applicam, the City Council shall consider whether there is any evidence from which it can reasonably conclude that the application of all or a part of the provisions of the Denton Development Code that apply to tree preservation may deprive the applicant of all economically viable use of the property, based on the following factors: 1. Whether there is a unique physical circumstance on the property. 2. Whether the proposed design has minimized the loss of trees to the extent possible. 3. Whether preservation and/or mitigation unduly burdens the development of the property. (This will be added to Subsection 35.3.5) An Alternative Tree Preservation Plan may be approved by the Planning and Zoning Commission, which proposes an alternative to strict compliance with the provisions of this Subsection if the Planning and Zoning Commission finds that such plan adequately achieves, or is an improvement on, the intent of the requirements of this Subsection. DRAFT TREE PRESERVATION ORDINANCE Page 16 of 16 July, 2004 DRAFT TREE PRESERVATION ORDINANCE Purpose and Intent The Denton Plan identifies the importance of environmental management. The purpose of these regulations is to promote the preservation of trees, tree stands, including but not limited to remnants of the Cross Timbers Forest and existing tree canopy, to protect trees during construction, to facilitate site design and construction that contribute to the long term viability of existing trees which improves environmemal conditions, specifically to comply with air and water quality regulations, to increase property values and to develop a process to control the removal of trees. It is the further purpose of this ordinance to achieve the following broader objectives: A. Prevent untimely and indiscriminate removal or destruction of trees. B. Maimain and enhance a positive image of the City. C. Protect trees and promote the ecological, environmental and aesthetic values of the City. D. Preserve historic trees. E. Provide for a permitting and enforcemem procedure. Applicability A. Unless exempt under Subsection C, this Subchapter shall apply to: 1. Undeveloped land. 2. All property to be redeveloped including additions or alterations, but not including interior alterations or exterior alterations that do not change the footprim of the building. 3. Gas Well Development including but not limited to gas well transmission lines. 4. Right of way, streets, parks, and other public property under the jurisdiction of the City of DeNon. To the extent there is a conflict between this Subsection and any other Subsection including but not limited to Subsection 35.17.9 (Upland Habitat Developmem Standards) and Subsection 35.22.5.A.8.c (Gas Well Drilling and Production), the more stringent requirement shall apply. Exemptions: 1. Developments that have a completed application on file for a final or preliminary plat for a single-family developmem or a building permit, whichever is applicable, as of the effective date of this ordinance. 2. Existing agricultural uses greater than two (2) acres. 3. Platted property on which a single-family or two-family residemial dwelling unit(s) exists. 4. Trees located in the visibility triangle area, as defined in the Transportation Criteria Manual. 5. Public utility projects associated with a master plan, conducted by a public utility or a municipal owned utility. DRAFT TREE PRESERVATION ORDINANCE 1646 Page 1 of July, 2004 DRAFT TREE PRESERVATION ORDINANCE 6. Public Utilities have the right to trim, cut, and/or remove any and all trees that: a. Interfere with or encroach upon the operations of the utilities; or b. Create a safety issue for utility crews; or c. Create a safety issue for the public. 7. City Landfill and Airport. 8. Nursery trees that are planted and growing on the premises of a Wholesale Nursery that are intended for sale in the ordinary course of business. 9. Any tree determined to be diseased, dying or dead, by a qualified professional or creating a public nuisance or damaging a foundation. t0. Any tree determined to be causing a danger or be in hazardous condition as a result of a natural event such as tornado, storm, flood or other act of God that endangers the public health, welfare or safety and requires immediate removal. t t. Clearing of understory necessary to perform soil borings, boundary surveying of real property or to conduct tree surveys or inventories As long as the clearing for surveying shall not exceed a width of two (2) feet for general survey (i.e. of easement boundary, etc.) and eight (8) feet for survey of property boundary lines and any tree having a ten (t0) inch dbh or greater shall not be removed under this exemption during such boundary or general surveying. 12. Capital Improvement Projects awarded prior to the effective date of this Subsection. 13. Property zoned Rural Residential (RD-5) or Rural Commercial (RC) Permit required A. No person, directly, or indirectly, shall cut down, destroy, remove or move, or intentionally destroy or damage any Quality Tree, Protected Tree, or Historic Tree without first obtaining a tree removal permit and complying with the requirements of this Subsection. B. No grading shall take place on any undeveloped property that contains trees subject to this Subsection without obtaining a tree removal permit. C. No heavy equipment shall be moved onto a site prior to all applicable permits being issued. D. Trees greater than 3 "dbh and not identified as a Quality Tree, Protected Tree, or Historic Tree within this Subsection may be removed with a permit. E. Trees less than 3" dbh and not identified as a Historic Tree may be removed without a permit. Permit Review and Approval Process A. The Director shall adopt rules establishing the requirements for the permitting and approval process in the Application Criteria Manual. The rules shall include information required by the Director to determine if the application is complete. DRAFT TREE PRESERVATION ORDINANCE Page 2 of 1__6_6t6 July, 2004 DRAFT TREE PRESERVATION ORDINANCE B. A request for tree removal permit shall be submitted and approved prior to the removal of any Quality Tree, Protected Tree, or Historic Tree in the City. C. A complete application shall be submitted along with the application fee, if required. The fees shall be established by City Council and published in the Application Criteria manual. D. A Tree Inventory Plan and a Tree Replacement/Mitigation Plan, if required, must be submitted with the tree removal permit application. E. Permits for tree removal issued in connection with a building permit or clearing and grading permit shall be valid for the same period of time. Tree removal permits issued not in connection with a building permit or clearing and grading permit are valid for 180 days. F. After the tree removal permit is issued, the permit holder shall post a tree protection sign, supplied by the City, at each entrance to the property and at any other location designated by the City. G. Upon the request of the applicant, the Planning Director shall be authorized to work with the owners, developers, and builders to make non-substantive changes, within the scope of the ordinance, to plans, permits, and other requirements throughout the development and construction processes that will provide the greatest reasonable tree survival. The decision of the Planning Director may be appealed by the applicant to the Planning and Zoning Commission under Subsection 35.3.5. H. The applicant may file an application for relief from the Tree Preservation/Mitigation requirements in this Subsection pursuant to Subsection 35.3.11 on grounds therein specified to the City Council within ten (10) calendar days of the posting of the decision by the DRC. The Council shall decide the petition based upon the criteria in Subsection 35.3.11. Tree Designations A. Protected Trees Any healthy tree with an eighteen (18) inch or greater dbh and not in a Quality Tree Stand or a Mes_uite BoisArc L couts Hackbe _ and/or Cottonwood sAgecies. All trees greater than ~ inches dbh shall be considered a Protected Tree unless a detailed tree inventory is submitted verifying the presence of Mesquite, Bois Arc, Locust Hackberry and/or Cottonwood species. Historic Trees 1. A Historic Tree is a healthy tree that stands at a place where an event of historic significance occurred that had local, regional, or national importance; or at the home of a citizen who is famous on a local, regional, or national basis. 2. A tree may also be considered historic if it has taken on a legendary stature to the community; mentioned in literature or documents of historic value; or considered unusual due to size, age or has landmark status. 3. The Historic Landmark Commission will make recommendations for Historic Tree designations to the Planning and Zoning Commission (which will conduct a DRAFT TREE PRESERVATION ORDINANCE Page 3 of 1__6_6t6 I July, 2004 DRAFT TREE PRESERVATION ORDINANCE public hearing and include property owner notification) for ultimate approval by the City Council. Upon designation, each tree shall be added to a Historic Tree Registry map to be maintained by the Planning and Development Department. Quality Trees All healthy trees that have a dbh that is greater than six (6) inches, but is less than eighteen (18)inches and not within a Quality Tree Stand. All trees shall be considered Quali_ty Trees unless a detailed tree inventory_ is submitted identi _lying Undesirable Trees. Quality Tree Stand Three or more contiguous Quality Trees whose canopies are generally clustered together. All Tree Stands shall be considered ~ Tree Stands unless a detailed tree inventory is submitted identi _lying the tree stand as an Undesirable Tree Stand. Largg_ Undesirable Trees All healthy Mesquite, Bois Arc, Locust Hackber~ and/or Cottonwood trees with an eighteen (18) inch or greater dbh.. Undesirable Trees All healthy Mesquite, Bois Arc, Locust Hackber~ and/or Cottonwood trees that have a dbh that is greater than six (6) inches, but is less than eighteen (18)inches. Undesirable Tree Stand Three or more contiguous Undesirable Trees whose canopies are generally clustered together. An undesirable tree stand must consist of a minimum eighty (80) percent of undesirable tree species. Preservation The following shall apply unless an application for relief is filed and approved under Subsection 35.3.11. A. Any tree designated as a Historic Tree shall be preserved. B. Any tree designated as a Protected Tree or a Large Undesirable Tree shall be preserved unless mitigated under the requirements of Subsection 7. C. The minimum percentages of all dbh or percentage tree canopy of Quality Trees and Quality Tree Stands that must be preserved or mitigated are shown on Table 1. Table 1 Single-family & Multi-family and Mitigation Duplex Dwellings Non-Residential Uses Up to 50% of the percentage 20% within the 25% within the required to be preserved may Quality Trees and entire entire be mitigated under the Quality Tree Stands development, development, requirements of this Subsection. DRAFT TREE PRESERVATION ORDINANCE Page 4 of 1__6_646 July, 2004 DRAFT TREE PRESERVATION ORDINANCE Undesirable Trees and Undesirable Tree Stands 10% within the entire development. 12.5 % within the entire development. Up_ to 100% of the ~ required to be preserved may be mitigated under the requirements of this Subsection. D. All percentages relating to preservation stated within this section shall be based on the initial tree inventory plan. Any subsequent redevelopment of property must minimally preserve the applicable percentage of the total dbh of quality trees as indicated by the initial tree survey. E. A notation shall be placed on the Site Plan or Final Plat identifying each Quality Tree, Quality Tree Stand, Protected Tree and/or Historic Tree required to be preserved under this Subsection. The notation shall limit any future land disturbing activity or construction that would impact and/or damage the tree(s) to be preserved or protected and shall run with the land and be binding upon all successors and assigns of the current owner. Mitigation If preservation cannot be reasonably achieved, then the following mitigation standards shall apply. A. Protected Trees may be removed if mitigated at a ratio of 1:2 (every 1" removed requires 2" towards mitigation required under this Subsection). B. Large Undesirable Trees may be removed if mitigated at a ration of 1:1. B~.C. Quality Trees and Undesirable Trees may be removed in excess of the minimum preservation requirement contained in Table 1 provided the excess removal is mitigated as identified in Table 2 Table 2, Mitigation (^) (B) (C) Method Description Restrictions DRAFT TREE PRESERVATION ORDINANCE Page 5 of 1__6_646 July, 2004 DRAFT TREE PRESERVATION ORDINANCE 1. Establishment and The cumulative total of all Trees that are required to maintenance of new trees Quality Trees removed in be planted in compliance on site at the required ratio excess of the minimum with other development in Column B. preservation requirement regulations (parking lot contained in Table 1 shall canopy, buffers, street be mitigated at a ratio of trees) shall not be counted 1:1.5 (every 1" removed for the purpose of requires 1.5" towards satisfying mitigation mitigation), requirements. Only tree species The cumulative total of all identified on the Tree Undesirable Trees Mitigation Replacement removed in excess of the Table, located in the Site minimum preservation Design Criteria Manual, shall be planted for requirement contained in Table 1 shall be mitigated mitigation purposes. at a ratio of 1:0.75 (every_ If more than ten trees will 1" removed requires 0.75" be planted for mitigation, towards mitigation), a minimum of four species, from the Tree Mitigation Replacement Table shall be planted. In such case no one specie may total more than 50% of the total number of trees planted. 2. Preservation of existing See Subsection 7.F. See Subsection 7.F. trees off-site within a Tree Bank. See Subsection 7.F. DRAFT TREE PRESERVATION ORDINANCE Page 6 of 1__6_646 I July, 2004 DRAFT TREE PRESERVATION ORDINANCE 3. Plant new trees on The cumulative total of all Off-site plantings shall Public Property at the Quality Trees removed in also include maintenance required ratio identified in excess of the minimum and irrigation for a period Column B. See preservation requirement of not less than three (3) Subsection 9. contained in Table 1 shall years. Security for the be mitigated at a ratio of cost of maintenance shall 1:1.5 (every 1" removed be in the form of a cash requires 1.5" towards bond, surety bond, or mitigation), letter of credit. The cumulative total of all Undesirable Trees removed in excess of the minimum preservation requirement contained in Table 1 shall be mitigated at a ratio of 1:0.75 (every_ 1" removed requires 0.75" towards mitigation). 4. Payment to the tree See subsection E~ofthis See subsection E~ofthis mitigation fund. See Section. Section. Subsection E of this Section. 5. Any combination of Method 1, 2, 3 and 4. C. Each replacement tree shall be a minimum of 2" caliper measured 6" above grade and at least 5' in height when planted. D. Upon completion of the three-year landscape establishment period, for replacement trees, the City shall inspect the trees and determine whether ninety percent (90%) of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the City shall release the currency, bond or letter of credit. In the absence of such a finding, the Applicant shall be notified to replace any unhealthy or dead trees. If the applicant does not take remedial steps to bring the property into compliance, the City shall make demand for payment on the cash bond, surety bond, or letter of credit. The City may use all legal remedies to enforce this subchapter in addition to making demand on the security provided herein. E. Tree Fund 1. The City shall administer the Tree Fund. Tree funds shall be used to purchase, plant and maintain trees on public property, to preserve wooded property that remains in a naturalistic state in perpetuity, to perform and maintain a city-wide tree inventory and to educate citizens and developers on the benefits and value of trees. 2. The applicant shall pay the fees established by City Council and published in the Development Review Fee Schedule in the Application Criteria Manual. The fee DRAFT TREE PRESERVATION ORDINANCE Page 7 of 1__6_646 July, 2004 DRAFT TREE PRESERVATION ORDINANCE shall be based on the fair market value of materials and labor at the time of planting and the the reasonable estimated cost for maintenance and irrigation for a period of three (3) years. 3. Fees contributed to the Tree Fund shall be paid prior to the issuance of a Clearing and Grading Permit on all Commercial, Industrial, or Multi-Family Residential buildings, prior to final approval of a Gas Well Development Plat and prior to filing a Final Plat application for all Residential and Non-Residential Subdivisions as may be applicable. 4. Voluntary contributions for tree preservation shall be placed in the Tree Fund. F. Tree Banks 1. Areas of a minimum of one acre that have the characteristics of Cross Timber Forests are eligible to be classified as a Tree Bank. 2. Designation of a Tree Bank and transfer of tree credits shall be approved by the DRC Chairman. 3. Tree Banks shall be preserved with a permanent easement that shall limit any future land disturbing activity or construction that would impact and/or damage the tree(s) and shall run with the land and be binding upon all successors and assigns of the current owner. Methods for the long-term conservation of said trees may include permanent conservation easements, restrictive covenants, or other such legal mechanisms. 4. Only portions of a Tree Bank not designated towards tree credit may be used for mitigation as identified in this Subsection. 5. Trees that are required to be preserved in compliance with other development regulations shall not be credited towards the Tree Bank. G. Areas that are un-developable, including but not limited to floodplain, wetlands and riparian areas, shall not be designated as Tree Banks. 7. 8. Small Lot / Infill Exclusion The following table identifies the required preservation and mitigation requirements for small lots and infill lots. Small Lot Infill Exclusions Table Size Preservation & Mitigation Re Infill Less than ½ acre None Lots ½ acre to 1 acre Protected Trees mitigated at a 1:0. Large Undesirable Trees mitigate( Protected Trees mitigated at a 1:1 1 acre to 2.5 acres Large Undesirable Trees mitigate( luirement ratio. at a 1:0.25 ratio ratio. at a 1:0.5 ratio DRAFT TREE PRESERVATION ORDINANCE Page 8 of 1___6_646 I July, 2004 DRAFT TREE PRESERVATION ORDINANCE Protected Trees mitigated at a 1:1.5 ratio. Large Undesirable Trees mitigated at a 1:0.75 ratio Quali _ty Tree requirements reduced by 50% (10% sf & 12.5%), may 2.5 acres to 5 acres mitigate an additional 50% at a 1:1 ratio. Undesirable Tree requirements reduced by 50% (5% sf & 6.25%), may mitigate an additional 50% at a 1:0.5 ratio. Protected Trees mitigated at a 1:0.5 ratio. Less than ½ acre Large Undesirable Trees mitigated at a 1:0.25 ratio Protected Trees mitigated at a 1:0.75 ratio. ½ acre to 1 acre Non- Large Undesirable Trees mitigated at a 1:0.325 ratio Infill Protected Trees mitigated at a 1:1.25 ratio. Lots Large Undesirable Trees mitigated at a 1:0.625 ratio Quali _ty Tree requirements reduced by 50% (10% sf & 12.5%), may 1 acre to 2.5 acres mitigate an additional 50% at a 1:1 ratio. Undesirable Tree requirements reduced by 50% (5% sf & 6.25%), may mitigate an additional 50% at a 1:0.5 ratio. Preservation Incentives A. Tree Credits 1. All Quality Trees and Quality Tree Stands that are preserved beyond the minimum requirements identified in Table 1 shall be credited towards landscape canopy requirements as identified in Table 3. 2. All Quality Tree Stands with existing understory that are preserved beyond the minimum requirements identified in Table 1 shall be credited towards landscape canopy requirements at a ratio of 1:2. 3. Unless trees preserved are an integral part of the parking lot design, they will not be credited towards parking lot canopy requirements. 4. Unless trees preserved are an integral part of a required buffer design, they will not be credited towards buffer requirements Table 3 Credit Received towards landscape canopy requirements for Preservation Beyond Minimum Requirements Identified in Table 1 Tree Classification Credit Ratio Quality Tree 1:1.3 Quality Tree - Oak Species 1:1.5 Quality Tree Stands without understory 1:1.55 Quality Tree Stands consisting of a minimum 90% Oak Species 1:1.75 Quality Tree Stands with understory 1:1.8 Quality Tree Stands consisting of a minimum 90% Oak Species 1:2 with understory DRAFT TREE PRESERVATION ORDINANCE Page 9 of 1__6_6t6 I July, 2004 DRAFT TREE PRESERVATION ORDINANCE B. Parking Spaces For every twelve (12) dbh of Quality Tree(s) that have been protected on site, beyond the minimum requirements identified in Table 1, one (1) parking space may be added to or subtracted from the required number of parking spaces up to a fifteen (15) percent increase or decrease. Upon the approval of the Director of Planning and Development, a waiver of up to thirty (30) percent may be granted. C. Parking Lot Design The Director of Planning and Development may allow parking lot design and parking lot landscaping requirements to vary from adopted standards to preserve existing trees. D. Subdivision Design The following incentives may be approved by the DRC Chairman and must be commensurate with the quality and character of the trees to be preserved: 1. Block Length may be increased up to twenty five (25) percent. 2. Cul De Sac Length may be increased up to twenty five (25) percent. 3. Alternative sidewalk locations. 4. Offset street location within a right-of-way. Other Incentives The employment of the following incentives must be approved by City Council and must be commensurate with the quality and character of the Trees to be placed within a conservation easement or otherwise conserved and the extent to which the preserved land contributes to the preservation of the remnants of the Cross Incentives may include but are not limited to: Timber Forest. 1. Fee waivers or credits, 2. Reduced open space/park land dedication requirements, 3. Reduction of monetary assessments relative to agricultural rollback taxes, 4. Tax abatements, 5. Tax Increment Financing, 6. Chapter 380 grant of money, 7. Transfer of Development Rights, and/or 8. Purchase of Development Rights - purchase by Government or Trust. Enforcement The City Arborist, Building Official or an authorized representative of the City shall have the authority to place a Stop Work Order on any activity involving the removal of Protected Tree(s), Historic Tree(s) Quality Tree(s) or Quality Tree Stand(s) or that DRAFT TREE PRESERVATION ORDINANCE Page 10 of 1646 July, 2004 DRAFT TREE PRESERVATION ORDINANCE may otherwise endanger trees contrary to the provisions of this Subsection and applicable Criteria Manuals. The Building Official may deny all Permits and Certificates of Occupancy for any site which is not in compliance with this Subsection and applicable Criteria Manuals. B. Each tree removed in violation of this Subsection shall constitute a distinct and separate offense. C. Each tree preserved or planted under this Subsection that is removed, destroyed or dies within three (3) years of approval shall constitute a distinct and separate offense. D. It shall be a defense that trees are injured or destroyed by natural causes, natural disasters, including but not limited to tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or through the independent unauthorized actions of third parties. E. The enforcement and penalty provisions of Subsection 35.1.10.4 shall apply to this Subsection. Plan Submissions (To be located in the Application Criteria Manual) A. Tree Inventory Plan. A tree inventory plan shall delineate site boundaries and site trees by type, size (dbh) and/or canopy and species. An inventory map shall be prepared by a registered landscape architect, urban forester, botanist, arborist or other qualified professional and be submitted with a preliminary plat and/or building permit application. B. Tree Preservation/Replacement Plan. A tree preservation plan shall be submitted before the approval of a final plat and/or building permit and shall contain sufficient detail to show the following: 1. The location of existing and proposed improvements; 2. The limits of clearing and grading; 3. The location, size and health of all existing trees to remain, including tree credit calculations (canopy coverage) and methods proposed to comply with tree protection requirements during construction; 4. The location of any and all permanent conservation easements, restrictive covenants, or other such legal mechanism to allow for the long-term conservation of any and all trees required to be preserved. 5. The location, size and health of all existing trees proposed to be removed, including calculations (total dbh removed in excess of minimum requirements) to determine the replacement requirements; 6. Identification of all trees eligible for preservation; 7. The location and dimensions of boundary lines. 8. If Tree Stand credits are proposed, the type and species of existing understory plants (if any). C. Simplified Survey. DRAFT TREE PRESERVATION ORDINANCE Page 11 of' 1646 July, 2004 DRAFT TREE PRESERVATION ORDINANCE 1. An aerial photo of the property showing the tree coverage may be used to identify groups of trees that will be preserved if mitigation is not proposed. 2. Large tree stands (greater than 1,000 square feet), which will be mitigated, may be inventoried by performing a detailed study within a specified 100 foot by 100 foot area. The study area shall be a representative sample of the entire tree stand and must be approved by the City prior to performing the survey. The survey shall include the size, species and health of all existing trees within the area. The results of the survey will be applied to the total area of the tree stand to determine the total dbh within the tree stand. 3. If no Protected Trees, Historic Trees, Quality Trees or Quality Tree Stands exist on the property, a letter stating what does exist on the property may be submitted in lieu of a survey. D. The Tree Inventory Plan and the Tree Preservation Plan may be combined on one document. Tree Protection (To be included in the Site Criteria Manual) Construction Plans shall include necessary notes and details to ensure the viability of Protected Tress, Historic Trees, Quality Trees and/or Quality Tree Stands (Trees) including their roots, during construction. A. All trees identified on the tree preservation plan required to be preserved shall be protected during construction. All tree protection measures shall be in place and approved prior to the commencement of any on-site construction. Protection measures such as fencing shall be maintained at all times during construction. B. The developer shall not establish and maintain a construction entrance that is within the critical root zone of any Tree unless the root zone is adequately protected. C. Material intended for the use in construction or waste materials accumulated due to excavations or demolition shall not be placed within the limits of the critical root zone. D. Equipment shall not be cleaned or other foreign materials deposited or allowed to flow overland within the critical root zone of a protected tree. This includes without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar materials. E. Signs, wires or other objects, other than those of a protective nature shall not be attached to any Tree. However, lighting of a decorative nature may be attached to a Tree. The lighting shall be attached in a manner as not to damage the protected tree. F. Vehicular and or construction traffic or parking shall not take place within the limits of the critical root zone of any Tree other than on an existing paved surface. This restriction does not apply to access within the critical root zone for the purpose of clearing underbrush, which shall only be done by hand methods, vehicular traffic necessary for routine utility maintenance or emergency restoration of utility services or routine mowing operations. G. Grade changes shall be allowed within the limits of the critical root zone of any Tree only upon approval by the city. If approved, major grade changes (i.e. four inches DRAFT TREE PRESERVATION ORDINANCE Page 12 of 16t6 July, 2004 DRAFT TREE PRESERVATION ORDINANCE [4"] or greater) within the critical root zone of a Tree will require additional measures to maintain proper oxygen and water exchange with the roots. Root pruning will be required when disturbance will result in root exposure. Root pruning shall be completed a minimum of two (2) weeks prior to any construction activity within the critical root zone of the protected tree. H. No paving with asphalt, concrete or other impervious materials shall occur within the critical root zone of a Tree. I. In those areas where a Tree is within 50 feet of a construction area, a protective fence, minimum of four feet (4') in height, shall be erected and maintained outside the critical root zone of each Tree. The protective fencing shall only be required on the subject site, if the critical root zone extends onto an adjacent property. J. Boring of utilities under Trees shall be required in those circumstances where it is not possible to trench around the critical root zone of a Tree. When required, the length of the bore shall be the width of the critical root zone plus two feet (2') on either side of the critical root zone and shall be at a minimum depth of 48 inches. K. Any physical damage to a Tree preserved for credit that is considered to place the survival of the Tree in doubt shall be eliminated as a credited tree and will require additional trees to be planted in its place at the required ratio. L. Where Tree removal is allowed through an exemption or by a tree removal permit and the root system is intertwined with the protected trees that are intended to be saved, the tree shall be removed by flush cutting with the natural level of the surrounding ground. Where stump removal is also desired, the stump grinding shall be allowed, or upon approval of the City, a trench may be cut between the two trees sufficient to cut the roots near the tree to be removed, thereby allowing removal of the remaining stump without the destruction of the root system of the saved tree. Tree Planting Restrictions (To be included in the Site Criteria Manual) A. Overhead Lines: Any required replacement tree(s) shall not be planted within an area (both vertically and horizontally) such that the mature canopy will be within ten feet (10') of any overhead utility lines. B. Underground Utilities: Any required replacement trees or street trees shall not be planted within 5' of underground public utility lines, including water lines, sewer lines, transmission lines, or other utilities. No trees may be planted within 10' of a fire hydrant. C. Street Comers: No tree shall be planted in the visibility triangle area, as defined in the Transportation Criteria Manual. The Tree Mitigation Replacement Table will be incorporated into the Site Criteria Manual DRAFT TREE PRESERVATION ORDINANCE Page 13 of 16t6 July, 2004 DRAFT TREE PRESERVATION ORDINANCE Tree Mitigation Replacement Table Common Name Botanical Name Large Trees Pecan Carya illinoinensis Hickory Carya sp. Ash Fraxinus sp. Walnut Juglans sp. Sweet Gum Liquidamber styraciflua Chinese Pistachio Pistacia chinensis Oak Quercus sp. Bald Cypress Taxodium distichum Elm Ulmus sp. Medium Trees Pine Pinus sp. Small Trees Redbud Cercis canadensis varieties Texas Persimmon Diospyrus texana Definitions (To be included in Subchapter 23 of the Code) Clear Cutting: The removal of all of the trees or a significant majority of the trees within an area. Critical Root Zone (CRZ): The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line but not less than one foot radius for each one inch dbh. dbh: Diameter at breast height (dbh) is the tree trunk diameter measured in inches at a height of four and one-half (4 1/2) feet above existing ground level. For single-trunk trees, the width shall be measured at four and one-half feet (4 1/2 ') above ground level. For multi-trunk trees, combine the diameter of largest stem or trunk with one-half of the diameter of each additional stem or trunk, all measured at four and one-half feet (4 1/2 ') above ground level. Drip Line: A vertical line run through the outermost portion of the canopy of a tree and extended to the ground. Healthy Tree: A healthy tree is a tree that is vigorously growing and is free of structural problems such as hollows or voids, free of disease, or insect problems and has a root system that is large enough to support its above ground mass. DRAFT TREE PRESERVATION ORDINANCE Page 14 of 1646 July, 2004 DRAFT TREE PRESERVATION ORDINANCE Limits of Construction: Delineation on a graphic exhibit, which shows the boundary of the area within which all construction activity will occur. Public Utilities: For the purposes of tree preservation provisions of the Denton Developmem Code, the term, Public Utilities includes public sanitary sewers, public water mains, public streets, public storm sewers, public detemion ponds municipally- owned electric utilities, electric cooperatives, investor- owned electric utilities, telephone companies, cable television companies, and other utilities defined under Texas law as "public utilities," as well as any contractor hired by these utilities. Protective Fencing: Temporary chain link fence, wire fence, orange vinyl construction fence, snow fencing or other similar fencing with a minimum four-foot (4') height. Qualified Professional: A qualified professional is a person with a minimum of a Bachelor of Science Degree in any of the following disciplines: Forestry, Horticulture, Botany and/or Plant / Soil Science or, an Arborist that has been certified by the Imemational Society for Arboriculture, a Texas Certified Nursery Professional, a Texas Master Certified Nursery Professional certified by the Texas Nursery and Landscape Association or a Licensed Landscape Architect. Removal: Removal means an act that causes or may be reasonably expected to cause a tree to die including uprooting, severing the main trunk, damaging the root system and excessive pruning. Root Pruning: Shall mean to cut away, remove, cut off or cut back all or parts of the root. All root pruning shall be in accordance with approved methods set forth in the National Arborist Association Standards. Tree Protection Sign: A sign furnished by the City upon approval of a tree survey or tree permit that describes prohibited conduct detrimental to trees. Understory: A grouping of native, noninvasive low-level woody, herbaceous, or ground covers species with stems less than 1 inch dbh. 35.3.11 Tree Preservation Relief Provisions (This section will be added to Subchapter 3 (Procedures) of the Development Code. mo The purpose of this provision allows a determination of whether the application of the Demon Developmem Code as applied to a Tree Removal Application and related developmem applications, would if not modified or other relief grained, may unreasonably burden the developmem of the property. Bo A property owner or his authorized agem may file an application for relief under this Subsection following a final decision to deny or conditionally gram an application for a Tree Removal Permit. Co The Director has the authority to establish requiremems for Applications for Tree Preservation Relief in the Application Criteria Manual. No application shall be accepted for filing umil it is complete and the fee established by the City Council has been paid. DRAFT TREE PRESERVATION ORDINANCE Page 15 of 1646 July, 2004 DRAFT TREE PRESERVATION ORDINANCE Do mo Upon approval of an application for relief in whole or in part by the City Council, the Director shall process the Tree Removal Permit and related development applications pursuam to the relief grained on the application for relief approved by the City Council. A denial of an application for relief by the City Council is a final determination. Criteria for Approval. In deciding whether to gram relief to the applicam, the City Council shall consider whether there is any evidence from which it can reasonably conclude that the application of all or a part of the provisions of the Denton Development Code that apply to tree preservation may deprive the applicant of all economically viable use of the property, based on the following factors: 1. Whether there is a unique physical circumstance on the property. 2. Whether the proposed design has minimized the loss of trees to the extent possible. 3. Whether preservation and/or mitigation unduly burdens the development of the property. (This will be added to Subsection 35.3.5) An Alternative Tree Preservation Plan may be approved by the Planning and Zoning Commission, which proposes an alternative to strict compliance with the provisions of this Subsection if the Planning and Zoning Commission finds that such plan adequately achieves, or is an improvement on, the intent of the requirements of this Subsection. DRAFT TREE PRESERVATION ORDINANCE Page 16 of 1646 July, 2004 Attachment 4 Preservation & Mitigation Requirements Lot Size Historic Protected Quality Tree & Quality Tree Large Undesirable Undesirable Trees Trees. Trees Stands Trees Less than 100% None None None None 1/2 acre Preserved 1/2 acre to If removed, If removed, 100% mitigated at a None mitigated at a None 1 acre 1:0.5 ratio. 1:0.25 ratio. 1 acre to If removed, If removed, 100% mitigated at a None mitigated at a None 2.5 acres 1:1 ratio. 1:0.5 ratio. A minimum of 10% of all Quality Trees & Tree Stands preserved in Single-family & Duplex Dwelling Developments: If removed, A minimum of 12.5% of all Quality Trees If removed, & Tree Stands preserved in Multi-family 2.5 acres 100% mitigated at a mitigated at a None to 5 acres and Non-residential developments Infill 1:1.5 ratio. 1:0.75 ratio. Lots Up to 50% of the percentage required to be preserved may be mitigated under the requirements of this Subsection. at a 1:1 ratio. A minimum of 10% preserved in Single- A minimum of 20% preserved in Single- family & Duplex Dwelling family & Duplex Dwelling Developments: Developments: A minimum of 25% preserved in Multi- A minimum of 12.5% preserved in G rearer If removed, If removed, than 5 i()()°A~ mitigated at a family and Non-residential developments mitigated at a Multi-family and Non-residential acres 1:2 rado 1:1 rado. developments Up to 50% of the percentage required to be preserved ma), be mitigated under the Up to 50% of the percentage required to requirements of this Subsection. at a 1:1.5 be preserved ma), be mitigated under the ratio, requirements of this Subsection. at a 1:0.75 ratio. Less than If removed, If removed, 100% mitigated at a None mitigated at a None 1/2 acre 1:0.5 ratio 1:0.25 ratio. 1/2 acre to If removed, If removed, 100% mitigated at a None mitigated at a None 1 acre 1:1 ratio. 1:0.5 ratio. A minimum of 10% preserved in Single- A minimum of 5% preserved in Single- family & Duplex Dxvelling Developments: family & Duplex Dxvelling Developments: A minimum of 12.5% preserved in Multi- If removed, family and Non-residential developments If removed, A minimum of 6.25% preserved in mitigated at a Multi-family and Non-residential i acre to 100°A~ mitigated at a developments 2.5 acres 1:1.5 ratio. Up to 50% of the percentage required to 1:0.75 ratio. Non- be preserved ma), be mitigated under the 0 Infill requirements of this Subsection. at a 1:1 Up to 50 ¼~ of the percentage required to Lots ratio, be preserved ma), be mitigated under the requirements of this Subsection. at a 1:0.5 ratio. 0 A minimum of 20 ¼) preserved in Single- A minimum of 10% preserved in Single- family & Duplex Dwelling Developments: family & Duplex Dwelling Developments: 0 A minimum of 25 ¼) preserved in Multi- Greater If removed, family and Non-residential developments If removed, A minimum of 12.5% preserved in Multi-family and Non-residential mitigated at a mitigated at a developments than 2.5 10()°A~ 1:2 ratio. Up to 5()% of the percentage required to 1:1 ratio. acres be preserved ma), be mitigated under the 0 requirements of this Subsection. at a 1:1.5 Up to 50 ¼~ of the percentage required to ratio, be preserved ma), be mitigated under the requirements of this Subsection. at a 1:0.75 ratio. DRAFT MINUTES CITY OF DENTON CITY COUNCIL TREE COMMITTEE July 1, 2004 A Work Session of the City of DeNon City Council Tree Committee was held on Thursday, July 1, 2004 at 10:00 a.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items were considered: Committee Members Present: Mark Burroughs, Perry McNeill, Bob Montgomery and Raymond Redmon. Resource: Larry Reichhart, Assistam Planning Director; and Dorothy Palumbo, Senior Assistam Attorney Chair Burroughs called the meeting to order and explained why the committee was meeting again. 1. Approve minutes from the April 5, 2004, meeting. Minutes approved as written with one typo change. 2. Review and discuss the draft tree ordinance. Reichhart said the first thing they were going to discuss was the Ag exemption. The issues were whether it should be exempt, request a waiver and whether use the 2-acre size. May want to use a waiver or can do straight exempt or review. Chair Burroughs said there were two issues to discuss. Nothing devastates forest more than Ag use. Are talking about within city limits. Should there be any requiremems. Help encourage clear-cut of Ag use. To me clear-cut should not be allowed - no reason to encourage urban farming. If city annexes a farm or land not being used - unfortunate to impose rules. General census is that it has been addressed in annex issue. Policy has been when annexing not to annex family farms if no use change. Reichhart said we also did developmem agreemem. Councilmember McNeill said if you are already in the city you know what you have to follow. Don't think we should impose on Ag that is annexed. Reichhart said when we annex family farms we can tie this to the rural zoning designation, which would be exempt. Chair Burroughs said to establish exemption on rural designation. Councilmember Momgomery asked about farms in the city. Reichhart said if farm is over two acres it is exempt. We have large lot property that raise horses and want to clean mesquites to raise horses or cattle. Councilmember McNeill said he didn't think that was an issue for 2 horses. Chair Burroughs said he didn't feel a need to protect those. We are protecting something we don't have right now. Reichhart said rural designation has to areas, commercial and single-family and single- family is already exempt. The second time is developing an undesirable tree list. We can exempt Mesquite, Bois Arc, Locust and Hackberry. It is a positive aspect, when they go to develop that issue goes away. Gets us to saving the right tree. The negative aspect is takes a little more time conserving and more expensive doing tree count. Chair Burroughs asked if we could ask that they only provide the count if they want relief'?. Reichhart asked if city staff has right to say that they save oaks in middle and not fencerow trees. Chair Burroughs said developers generally don't want a lot of undesirable trees. Not desirable for development. Motivation that they cannot keep these trees. Reichhart said it will happen with commercial. It provides a buffer. Councilmember McNeill said we don't want to keep them from cleaning up. Chair Burroughs said the way it is now written it could happen. Reichhart said they could keep these instead of the good ones. Chair Burroughs said we could have someone who likes mesquites. Councilmember Montgomery said we need to make it to their advantage to save quality trees. Chair Burroughs said we need to make it less burdensome to keep quality trees and get rid of exempt trees. Councilmember McNeill asked what about cottonwoods? Reichhart said it is a fast growing tree. Councilmember McNeill said they were native along creek beds. Chair Burroughs asked how the committee wanted to handle this. Councilmember McNeill said it was hard to add to the list. Councilmember Montgomery said what about fence line trees with grove in middle on high spot on lot. Tough for developer but leave grove alone. Save grove of trees is the route I am going. Councilmember McNeill asked if this wasn't part of mitigation. Reichhart said they could take down hog back and save somewhere else. Chair Burroughs said he hoped this is motivation to keep them. Ask committee if they wanted to add cottonwood? Committee agreed it was appropriate. Chair Burroughs said to add such note that committee added cottonwood. Reichhart said could also add definition of fence line trees and that they can't save them. Chair Burroughs said he hated to do that. They may have a reason for saving them. Reichhart said quality tree save could get credit toward tree canopy. Could do, each tree you save goes toward you credit. Chair Burroughs said give less credit for undesirable tree. Unless tree survey of species of trees - adm cost too high. They have to ask for undesirable tree relief. Is 50% ok? Committee agreed on 50%. Require lesser mitigation requirement. 50% of quality tree requirement and 50% lesser mitigation requirement. Reichhart said apply for if you have undesirables whole code is 50%. Negative results just those who ask for it. Don't want to do undesirable trees in a grove. Undesirables in groves are part of a community stand. 80% of stand. Tree line with undesirables, Locust and 1 or 2 Oaks can have undesirable trees cleared out. But mostly Post Oak cannot clear out undesirables. What about planted trees? Chair Burroughs said planted trees should have the ability to appeal for a really unusual circumstance. Reichhart said if we find we are granting relieve several times for the same thing we can write it in the code. Councilmember Montgomery said he was leaning toward planted trees going away. Such as a Christmas Tree farm gets ready to develop we would allow him to cut down. Reichhart said the first table is what you provided and the second table has been fine tuned, non-infill lots, small lots, less options. Small lot, still working on infill boundary to bring back to council. Councilmember Redmon said tree survey being designated on infill will have cost associated. Tree inventory on ½ acre lot same cost as five-acre site. Reichhart said unless you are going for mitigation you only need size, not species. If you don't have any tree over 18 inches you note and go. Councilmember Redmon said on infill you will probably have mature trees, adding one more layer makes it more restrictive. So we can move forward. Reichhart said this is a policy issue we need to decide. Could go to quality or historic. Councilmember McNeill said less than 1/2 acre should be ok since there are no historic trees in city at this time. Chair Burroughs said historic tree needs to be identified. Reichhart said no matter what, Historic tree is to be identified. Councilmember McNeill said cut down a Historic Tree and you pay. Reichhart said when we do ROW on 5-acre site infill, city says street goes here and ROW here, limits owner and developer where to put road. Mature trees where city put road. Our own rules destroy trees. Really not in favor of exemption, play by same rules. By having a waiver, allows them opportunity to come in and get help. Councilmember Montgomery asked how many departments does it take to move road to different location to save trees. Reichhart said it takes departments and Planning and Zoning. ROW straight but maybe adjust little to move streets some. Have granted physical hardship variances. Trees are character of neighborhood. Preserving will impact character of neighborhood. There are smaller lots today. Chair Burroughs asked if single-family was exempt. Reichhart said after they are built. Once you live in the house you can cut down. But when designed and developed trees are looked at. Councilmember McNeill said what he has been concerned is small lots. Those lots have trees on them. Chair Burroughs asked if they had discussed fees. How would that work? Reichhart said we could look at fee schedule. Could add fees. Just infill or anybody? Chair Burroughs said that was a good question. Seems to make it easier not more difficult. Reichhart said if too easy, will be processing all time. If doesn't cost any money, could be subdivision or site plan. Councilmember Redmon asked if with variance, do we require engineer report. Reichhart said drainage, yes - landscape, pictures. Chair Burroughs said have infill a fee waiver for tree preservation. Don't have enough infill development. If we want to encourage keeping trees on infill we need to do anything we can to push. Councilmember McNeill said he like the idea. Councilmember Montgomery said he wants variance to preserve trees and waive fee. Councilmember Redmon said he liked the idea of variance. Would it be P&Z or staff level? Reichhart said he doubted it would be staff, probably be P&Z. Fee is to offset variance. Councilmember Montgomery said city would get two benefits; keep trees and get infill. Reichhart said tree preservation, tree relief- infill zero - other development has fee. Chair Burroughs said the second chart with modification is preferred. Reichhart asked ifnon-infill needs to go over 2.5 acres. There is a lot of that. Councilmember McNeill said non-infill is at edge of city. Committee agreed to stop at 2.5 acres. Reichhart said site plan is where tree preservation kicks in. Chair Burroughs said single family that was platted 2 years ago and 2 sections not built on, is 2 sections exempt. Reichhart said yes. Chair Burroughs asked if two odd lots not built on but platted, 5 years later are they exempt. Reichhart said that would be exempt. Non single-family platted 5 years ago would not be exempt. Replat several properties into one, subject to regs. Councilmember McNeill said person acquires only small part of re-plat shouldn't be exempt. Reichhart said property platted prior to regs is exempt. If in same configuration prior to 1960 exempt from regs. Where do you want to put in Code? Chair Burroughs asked if someone goes through after this and then replat, do they have to go through again. Reichhart said we have that the Director can waive. Ron Slovacek asked if prior to platting. o Reichhart said single-family exempt, non single-family it applies to. Councilmember McNeill asked if once you are platted are you through. Reichhart said site design standards, build to new standards. If you want to save trees link to site design. Platting could be loop hole. Have 6-month waiver. Councilmember McNeill said site plan actually sites foot print. Tie to site plan. Reichhart said if you tie to site plan it will stop speculative platting of non-single-family. Chair Burroughs said lots of people doing feasibility study. Incur cost - doing due diligence. File plat but not site plan. Requirement could throw them in disarray. Should we have time frame for those really in process? Could we set a date of submitting site plan for people in process? Councilmember Montgomery said what you want to stop is speculative platting. Chair Burroughs said need to make clear here that it exist for people in process. What to recommend? Big policy issue. Lots of implications. Not clarity here. Reichhart said plat needs to be updated every so often. Chair Burroughs said plat does not do much. Councilmember McNeill said if your property is platted and you present site plan within 6 months of adoption of ordinance you are exempt. Chair Burroughs said plat with a window to file site plan. Councilmember McNeill asked on page 2 of 14 is 9 and 10 the same? Reichhart said they were different. 10 is after a storm. Receive feedback from citizens. Mike Drury: I am a landowner. Development was lining up before this ordinance. The best way to save trees is to put up a sign that says Denton closed for business. You don't look at landowners. I will have to poison trees or cut roads. I can poison trees if need be. Drop this ordinance. Bad for planted trees-exempt- planting oaks, junipers, cottonwoods. It encourages landowners not to save but cut trees. Give credit on fees to save trees. Encourage development. I will get maximum money out of my land by not saving trees. Developers will go to Krum, Ponder or Argyle. Shirlene Sitton: Need to improve terminology. Good direction you are going. Trees named as undesirable are native. Truly undesirable trees would be non-native trees. Cottonwoods are normally in drainage and storm water. Protect in stream. Reichhart said in stream protected. Pati Haworth: Last summer you held 4 public hearings. Public didn't want tree list. All trees clean air equally. Trees on undesirable list grow well. Ed Soph: Any discussion established regarding urban forestry board or stakeholders. Chair Burroughs said discussion and recommendations have been made. Once Ordinance passes it should be done. Melissa Lindelow: Concerned about the pre-plat exemption. Large sites cannot have site plan in six months. Like Unicorn Lake. Reichhart said local permit would apply. Work done. Melissa Lindelow: A list, B list trees. What record to City Council? George Mitchell: Several sections - questions about A & B list. Share my email please. Reichhart said this was brought up in work session. Bob Killam: What is next step? Councilmember McNeill said committee looked at items brought up in work session, then goes back to work session and then council consensus to council public hearing or back to committee. Will have to have a public hearing before adoption. Chair Burroughs thanked the audience and then adjourned. AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET August 3, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Vance Kemler 349-8044 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of refuse bags; providing for the expenditure of funds therefore; and providing an effective date (Bid 3170-Annual Contract for Semi-Transparent and Transparent Refuse Bags awarded to the lowest responsible bidder for each item in the estimated amount of $70,000). BID INFORMATION This bid is for the annual contract to supply refuse bags for the Denton Solid Waste Department. The Solid Waste Department plans to initiate the use of two types of residential refuse collection bags for FY 2005. A semi-transparent refuse bag, with drawstring closure, is recommended for the storage of household refuse, and a clear bag for the storage of yard waste materials. The semi-transparent refuse bag, with drawstring closure, provides a convenient and secure closure method and will permit some content visibility from close range by the service worker in order to more easily determine the disposal contents of a bag without opening the bag. This type of bag will permit the department to provide greater assurance of compliance with the Texas Commission on Environmental Quality landfill disposal regulations and with the City's Solid Waste ordinance. Prohibited and other non-acceptable wastes are often not discovered until the refuse disposal process, while unloading the refuse materials at the landfill work site. At this point of discovery, it's often quite difficult to determine the source of the materials. Service workers will much more easily identify prohibited materials during the collection process with the proposed semi-transparent bags. Public education needs can be more easily determined and better directed as a result. The Solid Waste Department is also planning to initiate the use of a clear bag for yard waste materials. Yard waste materials are used in the production of the City's many compost products, and it is essential that the collected yard waste materials be uncontaminated in order to maintain high product quality. Bags of yard waste containing any refuse materials can easily contaminate the entire truckload, thereby causing additional staff time to decontaminate the load, or requiring an additional service trip to the landfill to dispose of the load. Clear yard waste bags will greatly aid in alleviating contamination problems. These refuse bags will be carried in the Warehouse working capital inventory for easy access. Agenda Information Sheet August 3, 2004 Page 2 RECOMMENDATION We recommend that Option B 1 of this bid be awarded to the lowest bidder meeting specification, interboro Packaging Corporation in the amount of $3.84/ro11. We recommend that Item C1 be awarded to Resourceful Bag & Tag, inc. in the amount of $3.18/roll for an annual total estimated amount of $70,000. The apparent low bid submitted by Resourceful Bag & Tag, inc. did not meet the minimum dimensions as specified; therefore Option A1 will not be awarded. PRINCIPAL PLACE OF BUSINESS interboro Packaging Corporation Montgomery, NY Resourceful Bag & Tag, Inc. Palos Heights, IL ESTIMATED SCHEDULE OF PROJECT This price agreement will be in effect for a period of one year from the date of award and may be extended for additional one-year periods if agreed to by both parties, with all pricing, terms and conditions remaining the same. FISCAL INFORMATION This item will be funded out of the Warehouse working capital account and charged back to the using department. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Bid Tabulation 1-AlS-Bid 3170 Bid # 3170 Attachment 1 Date: 7/1/04 Annual Contract for Semi-Transparent & Transparent Refuse Bags QtYi l/ / ~ Resourceful Bag & ,nterboroPackaging DynaPak Tag Inc. Corp. Corporation Principle Place of Business: Palos Heights, IL Montgomery, NY Lawrenceburg, TN TWTST TTE CLOSURE A 10,000 ROLL REFUSE BAGS Twist Tie 100% Virgin N/A $3.32 $2.75 I Material Twist Tie 90% Virgin $2.12 $3.32 N/A 2 Material 3 Number of rolls per 360 64 400 pallet Number of rolls per 4 truck 9360 N/A 10,000 5 Number of rolls per 12 10 10 case DRAW STRTNG B 10,000 ROLL CLOSURE REFUSE BAGS Draw String 100% I N/A $3.84 $4.38 Virgin Material Draw String 90% Virgin $2.66 $3.84 N/A 2 Material 3 Number of rolls per 360 64 400 pallet Number of rolls per 4 truck 9360 N/A 10,000 5 Number of rolls per 12 10 10 case TWTST TTE CLOSURE C 10,000 ROLL CLEAR YARD WASTE BAGS Flat Bag 100% Virgin N/A N/A $4.12 I Material Flat Bag 90% Virgin $3.18 N/A N/A 2 Material 3 Number of rolls per 384 N/A 240 pallet 4 Number of rolls per 9984 N/A 6240 truck 5 Number of rolls per 12 N/A 10 case Shipment 30 Days N/A 30 Days ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF REFUSE BAGS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3170-ANNUAL CONTRACT FOR SEMI-TRANSPARENT AND TRANSPARENT REFUSE BAGS AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM IN THE ESTIMATED AMOUNT OF $70,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 3170 Section B 1 Interboro Packaging Corporation Exhibit A 3170 Section C1 Resourceful Bag & Tag, inc. Exhibit A SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 3170 Page 2 of 2 Bid # 3170 ExhibitA Date' 7/1/04 Annual Contract l:or Semi-Transparent & Transparent Rel:use $ qtYi Resourceful Bag & Interboro Packaging Tag Inc. Corp. Principle Place of Business: Palos I-leights, IL Montgomery, NY DRAW STRING B 10,000 ROLL CLOSURE REFUSE BAGS Draw String 100% I $3.84 Virgin Material Draw String 90% Virgin $3.84 2 Material 3 Number of rolls per 64 pallet 4 Number of rolls per N/A truc~ 5 Number of rolls per 10 case TWIST T~E CLOSURE C 10,000 ROLL CLEAR YARD WASTE BAGS Flat Bag 100% Virgin N/A I Material Flat Bag 90% Virgin $3.18 2 Material 3 Number of rolls per 384 pallet 4 Number of rolls per 9984 truc~ 5 Number of rolls per 12 case AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET August 3, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Sharon Mays 349-8487 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of PVC electrical fittings and accessories; providing for the expenditure of funds therefore; and providing an effective date (Bid 3179-PVC Electrical Fittings and Accessories awarded to Techline in the estimated amount of $293,407.31). BID INFORMATION This bid is for the annual contract to supply PVC Electrical Fittings and Accessories for Denton Municipal Electric. These items are carried in the Warehouse working capital inventory for easy access. RECOMMENDATION We recommend that this bid be awarded to Techline in the estimated amount of $293,407.31. PRINCIPAL PLACE OF BUSINESS Techline Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT This price agreement will be in effect for a period of one year from the date of award and may be extended for additional one-year periods if agreed to by both parties with all pricing, terms and conditions remaining the same. FISCAL INFORMATION The items in this bid will be funded out of the Warehouse Working Capital account and charged back to the using department. Agenda Information Sheet August 3, 2004 Page 2 Attachment 1: Bid Tabulation 1-AlS-Bid 3179 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF PVC ELECTRICAL FITTINGS AND ACCESSORIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3179-PVC ELECTRICAL FITTINGS AND ACCESSORIES AWARDED TO TECHLiNE iN THE ESTIMATED AMOUNT OF $293,407.31). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 3179 1 - 54 Techline 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 advantageous to the City of Denton which shall be on file in the office of the Purchasing Agent; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 3179 Page 2 of 2 Exhibit A Bid # :3179 Date: 07/15/04 Annual Contract For PVC Electrical Fittings & Accessories . . Techline #1 IPrinciple Place of Business: Fort Worth, TX ISection A- Molding I 1 100 15052250 M loding, PVCPoleriser 2" $10.02 I 2 40 15052300 Modling, PVCPoleriser 3" $21.07 I 3 80 15052350 M loding, PVC Poleriser 4" $29.24 I 4 20 15052400 M loding, PVCPoleriser 5" $39.72 I 5 40 15052450 M loding, PVC Poleriser 6" $50.49 ISection B - Couplings i6 2800 28519000 coup,iug,collar PVC 1" TC-6 W/Centerstop $0.14 I7 2400 28519020 Coupling, collar PVC 2" TC-6 W/Centerstop $0.94 I8 25 28519030 CouPilng, collar PVC 3" TC-6 W/Centerstop $1.34 I9 3500 28519040 CouPilng, collar PVC21/2" W/Cinterstop $0.62 I 10 1150 28519060 Coupling, collar PVC 4" TC-6 W/Centerstop $1.63 I 11 465 28519064 Coupling, collar PVC 6" TC-6 W/Centerstop $4.00 I 12 5 28519065 CouplingS' TC-6 W/Centerstop $3.03 I ~C 4" TC-6 longline $2 60 I sleeve ' I ~C3" TC-6 longline $1 80 I sleeve ' I ~C5" TC-61ongline $3 71 I sleeve ' I ~'6" TC-6 longline $4 97 I sleeve ' ISectionC -Elbows I 17 1750 28519066 Elbow, PVC I"X90SCH40 $0.44 I 18 60 28519067 Elbow, PVC2"X45SCH40 $1.08 I 19 75 28519068 Elbow, PVC2"X90SCH40 $1.19 I 20 900 28519069 Elbow, PVC2"X90x36"SCH40 $4.58 I 21 180 28519100 Elbow, PVC21/2" X45SCH40 $2.16 I 22 5 28519105 Elbow, PVC3"X45SCH40 $3.44 7 i:bb12',i;;75"9 2 4° Exhibit A Bid # :3179 Date: 07/15/04 Annual Contract For PVC Electrical Fittings & Accessories . . Techline #1 I Principle Place of Business: Fort Worth, TX I 25 1000 28519120 Elbow, PVC21/2"X90X36"SCH40 $5.96 I 26 5 28519125 Elbow, PVC3"X90X36"SCH40 $8.31 I 27 60 28519165 Elbow, PVC 4" X 221/2 SCH 40 $5.96 I 28 70 28519170 Elbow, PVC4"X45SCH40 $5.96 I 29 120 28519180 Elbow, PVC4"X90SCH40 $6.21 I 30 400 28519181 Elbow, PVC 4" X 90 X 36" SCH 40 $12.23 I 31 8 28519183 Elbow, PVC 5" X 221/2 X 36" SCH 40 $17.76 I 32 90 28519184 Elbow, PVC 6" X 221/2 X 36" SCH 40 $23.56 I 33 5 28519185 Elbow, PVC5"X45SCH40 $9.24 I 34 55 28519186 Elbow, PVC6"X45SCH40 $13.65 I 35 5 28519195 Elbow, PVC5"X90SCH40 $10.77 I 36 180 28519196 Elbow, PVC, 6"X90SCH40 $18.48 ISection D - Conduit I 37 64000 28519200 Conduit, PVC SCH 40, 1" x 10' $.185 I 38 100000 28519240 Conduit, PVC SCH 40, 2" x 20' $.379 I 39 200 28519243 Conduit, PVC SCH 40, 3" X 10' $.795 I 40 6300 28519245 Conduit, PVC SCH 40, 2" X 10' $.379 I 41 53000 28519246 Conduit, PVC SCH 40, 2 1/2" X 10 $.602 I 42 36000 28519260 Conduit, PVC SCH 40, 2 1/2" X 20 $.602 I 43 65000 28519280 Conduit, PVC SCH 40, 4" X 20' $1.069 I 44 100 28519286 Conduit, PVC SCH 80, 2" X 10 $.584 I 45 200 28519287 Conduit, PVC SCH 80, 4" X 10' $1.745 I 46 8000 28519288 Conduit, PVC SCH 80, 2 1/2" x 10' $.892 I 47 34000 28519350 Conduit, PVCSCH406X20 $1.977 ISecti;-D- Miscellaneous F~tings 481 5 I 28595157 IPVC Trausitiou Coupliug 2'' $5.82 Exhibit A Bid # :3179 Date: 07/15/04 Annual Contract For PVC Electrical Fittings & Accessories . . Techline #1 I Principle Place 0f Business: Fort Worth, TX 149 5 28595158 PUC Transition Coupling 2.5" $7.35 150 10 28595159 PVC Transition Coupling 4" $9.31 I 51 5 28595162 PVC Transition Coupling 6" $14.76 I 52 90 28519290 Plug PVC Conduit 4" $0.67 I 53 5 28519295 Plug PVC Conduit 5" $0.85 I 54 65 28519296 Plug PVC Conduit 6" $1.01 I ~di~nluM~;; 3_:eBiys AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET August 3, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Alex Pettit 349-8595 SUBJECT Consider adoption of an Ordinance awarding a contract for the purchase of Cisco hardware, software, and peripherals supporting high speed communications connectivity over the City of Denton network for voice and data services as awarded by the State of Texas Building and Procurement Commission through the Catalog Information Service Vendor (CISV) Catalog Program; providing for the expenditure of funds therefore; and providing an effective date (File 3199-Purchase of Cisco Hardware and Software for Teleworks System awarded to InterNetwork Experts in the amount of $47,543). FILE INFORMATION The Teleworks system through the Web and telephone interfaces provides information and payment services for Municipal Court, Planning, Tax, and Customer Service departments. Citizens can get information and billing services for traffic citations, building permits, property taxes, and utility billing. As the use of this system has grown to support many departments, the current configuration no longer sufficiently addresses the increased demand. With the added services, the system has grown from a load of 1,800 calls per month to 4,800. This acquisition will allow configuration changes to be made to improve system availability and increase citizen satisfaction for City of Denton's telephone automated services. RECOMMENDATION We recommend award of this item be approved to InterNetwork Experts in the amount of $47,543.00. PRINCIPAL PLACE OF BUSINESS InterNetwork Experts Lewisville, TX ESTIMATED SCHEDULE OF PROJECT The Cisco hardware, software, and peripherals will be delivered October 1, 2004. Projected completion date is January 1, 2005. Agenda Information Sheet August 3, 2004 Page 2 FISCAL INFORMATION Funding for this item is budgeted in the 2004 Technology Services Tech Plan II bond account number 830027746.1355.40100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote from InterNetwork Experts 1-AlS-FILE 3199 Attachment 1 Date: July 22, 2004 To: City of Denton E RP E RTS Cls e SYsI' E :S; Phone: Fax: GOLD CERTIFIED Contract Number DIR-BUSOP-012 Quote #: TC071504SB From: Traci Chrisman Phone: 469-549-3841 FAX: 469-549-3888 Cisco CISCO3745 3700 Series, 4-Slot, Dual FE, Multiservice Access Rou 1 $ 7,200.00 $ 7,200.00 Cisco S3741PV-12308T Cisco 3745 Ser lOS IP VOICE 1 $ 420.00 $ 420.00 Cisco PWR-3745-AC/2 Redundant AC System Power Suppy for the Cisco 374 1 $ 480.00 $ 480.00 Cisco CAB-AC Power Cord,110V 2 $ $ Cisco NM-HD-2V Two-slot IP Communications Voice/Fax Network Modu 1 $ 600.00 $ 600.00 Cisco NM-HDV2-2T1/E1 IP Communications High-Density Digital Voice NM witt 2 $ 1,917.00 $ 3,834.00 Cisco VIC2-4FXO Four-port Voice Interface Card - FXO (Universal) 2 $ 480.00 $ 960.00 Cisco VWIC-2MFT-T1-DI 2-Port R J-48 Multiflex Trunk- T1 With Drop and Insert 2 $ 1,500.00 $ 3,000.00 Cisco PVDM2-64 64-Channel Packet Voice/Fax DSP Module 3 $ 1,920.00 $ 5,760.00 Cisco PWR-3745-AC AC Power Supply for the Cisco 3745 1 $ $ Cisco MEM3745-256D-INCL 256 MB DIMM DRAM Memory factory default for the C 1 $ $ Total LeadTime: 22 - 25 Days Cisco NM-HD-2V= Two-slot IP Communications Voice/Fax Network Modu 1 $ 600.00 $ 600.00 Cisco NM-HDV2-2T1/EI= IP Communications High-Density Digital Voice NM witt 2 $ 1,917.00 $ 3,834.00 Cisco VIC2-4FXO= Four-port Voice Interface Card - FXO (Universal) 2 $ 480.00 $ 960.00 Cisco PVDM2-64= 64-Channel Packet Voice/Fax DSP Module 3 $ 1,920.00 $ 5,760.00 $ Cisco NM-CEM-4TEI= 4 Port T1/E1 CEMolP NM 6 $ 2,400.00 $ 14,400.00 $ $ Cisco CISCO2620XM Mid Performance 10/100 Ethernet Router with Cisco I(: 5 $ 1,377.00 $ 6,885.00 Cisco CAB-AC Power Cord,110V 5 $ $ Cisco S26C-12306 Cisco 2600 Ser lOS IP 5 $ $ Cisco MEM2600XM-96U128D 96 to 128MB DRAM factory upgrade for Cisco 2600XN 5 $ $ Cisco MEM2600XM-16U32FS 16 to 32 MB Flash Factory Upgrade for the Cisco 260(:: 5 $ $ Total LeadTime: 13 - 16 Days Subtotal $ 54,693.00 Cisco Trade-In $ (7,150.00) Attachment 1 InterNetwork Experts 1955 Lakeway Drive Suite 220 Lweisville, TX 75057 CISV# 1-76-065-0041-500 Please reference Contract Number DIR-BUSOP-012 on order Ground freight included Quote valid for 30 days Terms are Net 30 Lead times subject to change Customer Signature of Acceptance Date ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF CISCO HARDWARE, SOFTWARE, AND PERIPHERALS SUPPORTING HIGH SPEED COMMUNICATIONS CONNECTIVITY OVER THE CITY OF DENTON NETWORK FOR VOICE AND DATA SERVICES AS AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION THROUGH THE CATALOG INFORMATION SERVICE VENDOR (CISV) CATALOG PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 3199-PURCHASE OF CISCO HARDWARE AND SOFTWARE FOR TELEWORKS SYSTEM AWARDED TO INTERNETWORK EXPERTS IN THE AMOUNT OF $47,543). WHEREAS, the City Council of the City of Denton has heretofore adopted Resolution 92- 019 pursuant to Section 2157.067 of the Texas Government Code and Sections 271.082 and 271.083 of the Texas Local Government Code which authorizes the City to participate in the State Purchasing Building and Procurement Commission Information Service Vendor Catalog Purchase Method provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "CISV Catalog"); and WHEREAS, the herein described vendor is a qualified vendor in the CISV Catalog and the contract authorized by this ordinance is in the best interests of the City and complies with the requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a CISV Catalog purchase; 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. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 3199 InterNetwork Experts $ 47,543 SECTION 2. 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 Procurement Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Building and Procurement Commission, and the purchase orders issued by the City. SECTION 3. 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; provided that the written contract is in accordance with the terms, conditions, specifications 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. By the acceptance and approval of the above numbered items set forth in the subject 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. 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: Page 2 of 2 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET August 3, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Tom Shaw 349-7100 SUBJECT An Ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of Plano, Texas under Section 271.102 of the Local Government Code, to authorize participation in various City of Plano contracts for the purchase of various goods and services; authorizing the expenditure of funds therefore; and declaring an effective date (File 3200-Interlocal Agreement with the City of Plano, Texas). INTERLOCALAGREEMENT INFORMATION Chapter 271.102 of the Local Government Code, authorizes respective participating governments to enter into joint contracts and agreements for the purchase of necessary materials, supplies, and services. Over the past several years, the City of Denton and other entities have entered into cooperative purchasing agreements that have been highly beneficial to the taxpayers through anticipated savings. The attached agreement is an authorization to participate in contracts awarded by the City of Plano and will remain in effect until terminated by either party. Any acquisition exceeding $25,000 will be presented to Council for approval, prior to issuing a purchase order. This Interlocal Agreement will allow the City of Denton to utilize contracts for supplies and services competitively bid by the City of Plano, Texas. In the past, we have purchased such items as police sedans, tires, corrugated metal pipe, lubricants, oils, road materials, and other supplies from similar agreements. The bid process followed by the City of Plano, Texas meets all State bidding requirements and bid opportunities are extended to all local suppliers. ESTIMATED SCHEDULE OF PROJECT This agreement is effective upon approval by the City of Plano, Texas and will remain in effect until terminated by either party. RECOMMENDATION We recommend this Interlocal Agreement be approved. Agenda Information Sheet August 3, 2004 Page 2 FISCAL INFORMATION Each acquisition, based on this agreemem, will follow the policy and be charged to the appropriate budget account. City of Demon fiscal verification Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Interlocal Agreement with Piano 1-AlS-File 3200 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLeCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE CITY OF PLANe, TEXAS UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, TO AUTHORIZE PARTICIPATION IN VARIOUS CITY OF PLANe CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE (FILE 3200-INTERLeCAL AGREEMENT WITH THE CITY OF PLANe, TEXAS). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee is hereby authorized to execute the Interlocal Cooperative Purchasing Program Agreement with the City of Plano under Section 271.102 of the Local Government Code, a copy of which is attached hereto and incorporated by reference herein (the "Agreement"). SECTION 2. The City Manager, or his designee is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 3. 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. PReUTY, CITY ATTORNEY BY: 2-ORD-Interlocal Agreement With Piano INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BY AND BETWEEN THE CITY OF PLANO, TEXAS AND THE CITY OF DENTON, TEXAS THIS AGREEMENT is made and entered into by and between the CITY OF PLANO, a home-rule municipal corporation located in Collin and Denton Counties, Texas (hereinafter referred to as "PLANO"), and the CITY OF DENTON, a home-rule municipal corporation located in DENTON County, Texas (hereinafter referred to as "DENTON "). WHEREAS, Section 271.101, Local Government Code, allows local governments to participate in cooperative purchasing programs which allows the local governments to purchase from a contract currently existing between another local government and a vendor, and such process satisfies the state law competitive bid requirements; and WHEREAS, PLANO currently has a contract for products and/or services, and DENTON has a need for same and desires to enter into a Cooperative Purchasing Agreement with PLANO pursuant to Chapter 271 et seq. (Cooperative Purchasing Program), Local Government Code; and WHEREAS, DENTON agrees to prepare, execute, and administer its own contract with the vendor and the City of Plano shall not be a party to DENTON'S (City's) agreement with the vendor. NOW, THEREFORE, PLANO and DENTON, for the mutual consideration hereinafter stated, agree as follows: I. EFFECTIVE DATE The effective date of this Agreement shall be effective upon execution by the parties. Cooperative Purchasing Agreement ;vith City of Denton - 1 - II. DUTIES OF DENTON (City) DENTON (City) agrees to prepare, execute, and administer its own contract with the vendor and PLANe shall not be a party to the agreement with the vendor and the other governmental entity. PLANe shall have no obligations for payment to vendor for any services or goods incurred by any party other than PLANe. Any payments owed the vendor for services or goods shall be paid directly by DENTON (City). DENTON (City) will be responsible for the vendor's compliance with provisions relating to the quality of items and terms of delivery; and any other terms or conditions of its agreement with the vendor. IlL TERMINATION This Agreement may be terminated at any time, with or without cause, by either party giving thirty (30) days advance written notice to the other party. IV. NOTICE Notice as required by this Agreement shall be in writing delivered to the parties via facsimile or certified mail at the addresses listed below. Each party shall notify the other in writing within ten (10) days of any change in the information listed in this paragraph. PLANe DENTON Thomas H. Muehlenbeck CITY MANAGER City of Piano P. O. Box 860358 Plano, Texas 75086-0358 Telephone: (972) 941-7121 Facsimile: (972) 423-9587 Tom Shaw Purchasing Agent City of Denton 901 B Texas Street Denton, Texas 76209 Telephone: (940) 349-7100 Fax: (940) 349-7302 Cooperative Purchasing Agreement ;vith City of Denton - 2 - Ve HOLD HARMLESS Each party does hereby agree to waive all claims against, release, and hold harmless the other party and its respective officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorneys fees, including all expenses of litigation or settlement, or causes of action which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this contract. In the event of joint or concurrent negligence of the parties, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to either party individually under Texas law. PLANO shall be responsible for its sole negligence. DENTON shall be responsible for its sole negligence. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. VI. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between PLANO and DENTON and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. VII. VENUE This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas, and this Agreement is performable in Collin County, Texas. Exclusive venue shall be in Collin County, Texas. Cooperative Purchasing Agreement ~vith City of Denton - 3 - VIII. SEVERABILITY The provisions of this agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party thirty (30) days written notice of its intent to terminate. IX. AUTHORITY TO SIGN / CITY COUNCIL AUTHORIZATION The undersigned officer and/or agents of the parties hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto. DENTON has executed this Agreement pursuant to the duly authorized resolution of the DENTON City Council on August 3, 2004. PLANe has executed this Agreement pursuant to the duly authorized PLANe City Council Resolution No. 2002-2-15(R) dated February 25, 2002. X. ASSIGNMENT AND SUBLETTING The parties agree that the rights and duties contained in this Agreement will not be assigned or sublet without the prior written consent of both parties. XI. INTERPRETATION OF AGREEMENT This is a negotiated Agreement, should any part of this Agreement be in dispute, the parties stipulate that the Agreement shall not be construed more favorably for either party. Cooperative Purchasing Agreement ~vith City of Denton - 4 - XII. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. EXECUTED in duplicate originals this __ day of ,2004. CITY OF PLANO, TEXAS By: By: Thomas H. Muehlenbeck CITY MANAGER P. O. Box 860358 Plano, Texas 75086-0358 APPROVED AS TO FORM: CITY OF DENTON, TEXAS Michael A. Conduff CITY MANAGER 215 E. McKinney Denton, Texas 76201 APPROVED AS TO FORM: Diane Wetherbee, CITY ATTORNEY Name, CITY ATTORNEY Cooperative Purchasing Agreement ;vith City of Denton - 5 - ACKNOWLEDGMENTS STATE OF TEXAS ) ) CITY OF DENTON, TEXAS COUNTY OF DENTON ) This instrument was acknowledged before me on the __ day of , 2004, by MICHAEL A. CONDUFF, City Manager of the CITY OF DENTON, TEXAS, a home- role municipal corporation, on behalf of such corporation. Notary Public, State of Texas STATE OF TEXAS) CITY OF PLANO, TEXAS COUNTY OF COLLIN) This instrument was acknowledged before me on the __ day of , 2004 by THOMAS H. MUEHLENBECK, City Manager of the CITY OF PLANO, TEXAS, a home-role municipal corporation, on behalf of such corporation. Notary Public, State of Texas Cooperative Purchasing Agreement ;vith City of Denton - 6 - AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET August 3, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Tom Shaw 349-7100 SUBJECT: An Ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the City of Plano under Section 271.102 of the Local Government Code, for the purchase of irrigation equipment; providing for the expenditure of funds therefore; and providing an effective date (File 3191-Interlocal Agreement for Irrigation Equipment with the City of Plano, contract awarded to Interspec, LLC in the estimated amount of $26,000). INTERLOCAL AGREEMENT INFORMATION: On September 2, 1999 the City of Piano opened competitive bids for Irrigation Controllers. City of Plano's Council awarded the contract on October 4, 1999. The prices received are very competitive and the equipment bid matches our existing needs. Section 271.102 of the Local Government Code of the Texas General Code provides that Local Governments may agree to purchase goods and services through Interlocal Agreements. RECOMMENDATION: We recommend this purchase based upon the Interlocal Agreement with the City of Plano. PRINCIPAL PLACE OF BUSINESS: Interspec, LLC Oak Point, TX ESTIMATED SCHEDULE OF PROJECT: Delivery of the equipment can be made within 6-8 weeks days of receipt of an order. FISCAL INFORMATION: Funding for this item will be provided from account 400042440.1350.40100. Agenda Information Sheet August 3, 2004 Page 2 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet from City of Plano 1-AlS-File 3191 Attachment I ....... 'tis BID FOR3I ]tUST BE THE L4ST TWO PAGES OF YOUR ORIG1NA_L BID.4a'~D COPI'7 ElM EST UNTI' TOT_3J_~ 'O. DESCRIPTION QTY PRICE PRICE 1. ScorpioVn, AC, 8 Station. 5 $ 2,335.18 $ 11 675.90 UPIF Radio, Stainless Steel, Surge ?rot~:tion Model iS-SiA-RN-SS Scorpio, V2, AC, 16 Station. 2 $ 2,644.58 $ 5,289.16 ~ !Ladio, Stainless Ste~[, S~e Protection Model IS-S2A-~-SS 3. ScoBpio V2, AC, 24 Station,. 2 $ 4,123.25 LWrtF Radio, .qta/nle~ Steel, Surge Protection t~£odel IS-g3A-RN-SS $ 8,246.5O 4. Scorpio W_,, AC, 3~ St,don, * $. 4,433.25 $ 8,866.50 LtHF Radio~.~StoJnle~s Steel, Surge Protection M~el IS-S4A-~-SS 5. sco~ov2.'~,8 st~o~ 10 s 2,555.61 $ 25,556.10 L~ Ra~o, Sta~e~s Steel, .$~e ~otection M~el IS-S 1D-~-S0 6. Irrinet, 16 Station, 2 $ 7,899.44 $ 1..5.,798.88 200 Program, Trmaked, Remote Ready, Stain.tess Steel, Surge lh:ote~fion Model IS-I1A-TSN-RN-SS 7. Irrinet, 32 Station,. 2 $ 8,764.64 200 Program, Trtmked, Rm-note Ready, Stainless Steel Sargoe Protection Model IS-I2A-TSN-RN-SS 8. Irm~et, 48 Station, 4 $ 9,629.84 2q}0 Program, Tmnkez[, Remote Read2,', Stainless Steel Surge Protection Model I S-I3A-TSN-RN-S S $ 17~529.28 $ 38,5t9.36 12 ! ITEi~f EST UNIT TOT.4J_, brO. DESCRIPTION OTY PRICE PR_ICE 9. Irrineh 64 Station, i $ 11,658.78 $ 11,658.78 - 21_~) Program. Trunked, Remote t~oady, Sta/nle~$ SteeL. Surge Protection Model IS-I4A-TgN-RN-SS 143,140.46 Total Items I-9 $ Dependent upon part to be repaired % offI~t price (Estimated annual expenditure $tOK) ~:::i ! 0. % off li~t price tbr repair part~ tbr ithe above mentioned products i:{'.=ANNUAL PHONE SUPPORT: ii: Vendor to supply 24-hour phone ~uppm-t on flae k'l~ Irrigation System ibr the term ofthi~ contract. !FIHII~ SUPPOKT: ~[ Vendor sh~lI provide up to 25 hou~ per year of on-site support on the l~i]l~ Irr~fion Syst,m wi~b ~n 72 hours ofnot~¢sfion at no ~,. Ail ~uppmt will be ~u?plied hy u C~ified Motorola Ird~ation reseller. ~OPTION A: Cost per hour tbr ~ny hems in excess of 25 hour~ on za~ a-tmtml bas/~ $ 75.00 /hour The underslgaed hereby mrtifies that he/she understands the specifications, h~s read t. he document in its antireb' and that the bid prices contained in this bid have been care. fully reviewed and are subrnltt~ as cermet and ~nal. t3iddor further eertifie~ ~nd agrees to fianlsh any or alt products;senSces upm which prices are e, ended at fl~, price offem&, and upon eonditiom eont~inecI/n the spe¢ification-~ of the [mStation for Bid. -PhonedFax of Principal Place of Business: ~ followlug im%rdfi{ion must be filled out ha its entirety for your bid to be comidereck Si~m~mre/Ti~l~. Priuted Nmne tcknowledgcmcnt of Addenda: #I :... ddr~s, Phone~Fax Number ofMajorib ,-- t L , Dam a ,a bore. ~-mailAadressofKeFresentative ~~)~-J (~ i ~ ~FeFSp~_.,... Authorized Kepres~ntatiTe: ~ 1 \[ ~ .... :Date -~.2 #3 ~:4 #5 13 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM PARTICIPATION AGREEMENT WITH THE CITY OF PLANO UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, FOR THE PURCHASE OF IRRIGATION EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 3191-INTERLOCAL AGREEMENT FOR IRRIGATION EQUIPMENT WITH THE CITY OF PLANO, CONTRACT AWARDED TO INTERSPEC, LLC IN THE ESTIMATED AMOUNT OF $26,000). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee is hereby authorized to purchase irrigation equipment in the estimated amount of $26,000 from Interspec, LLC under competitive bids received by the City of Plano in accordance with an Interlocal Cooperative Purchasing Program Participation Agreement under Section 271.102 of the Local Government Code which is on file in the office of the Purchasing Agent. SECTION 2. The City Manager, or his designee is authorized to expend funds pursuant to the agreement for the purchase of various goods and services. SECTION 3. 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-File 3191 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET August 3, 2004 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Tom Shaw 349-7100 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the purchase of a hydraulic excavator for the Electric Distribution Department; providing for the expenditure of funds therefore; and providing an effective date (Bid 3188-Hydraulic Excavator 40 HP Class awarded to Continental Equipment Company, L.P. in the amount of $33,131.68). BID INFORMATION This bid is for the purchase of a Hydraulic Excavator for the Electric Distribution Department. The excavator is powered by an EPA Tier II compliant diesel engine. This new unit was approved as a replacement for unit ED 9328 as part of the FY2003-04 Motor Pool budget. RECOMMENDATION We recommend award of this item to Continental Equipment Company, L.P. in the amount of $31,131.68. PRINCIPAL PLACE OF BUSINESS Continental Equipment Company, L.P. Dallas, TX ESTIMATED SCHEDULE OF PROJECT Delivery can be made within 45-60 days. FISCAL INFORMATION This item will be funded from account 810001.8535. Agenda Information Sheet August 3, 2004 Page 2 Attachment 1: Tabulation Sheet 1-AlS-Bid 3188 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A HYDRAULIC EXCAVATOR FOR THE ELECTRIC DISTRIBUTION DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3188-HYDRAULIC EXCAVATOR 40 HP CLASS AWARDED TO CONTINENTAL EQUIPMENT COMPANY, L.P. IN THE AMOUNT OF $33,131.68). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 3188 Continental Equipment $33,131.68 Company, L.P. SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be on file in the office of the Purchasing Agent; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-Bid 3188 Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: August 3, 2004 Tax Kathy DuBose SUBJECT Consider approval of tax refunds for the following property taxes: Tax Name Reason Year Amount ~tri b ut ~ nt ~ ~S up P! ~ ~ ~ nt~! ~ an¢ 2. Countrywide/Scott Olson Duplicate Payment 2003 604.84 4: Robson Ranch H0A DCAD Supplementa! Change 2003 !0!Z30 6. Title Resources Overpayment 2003 1098.21 ~hig ~ gh B ~d~ up~ ~ ~0~ ~9 8 8. Washington Mutual/Brian & Cynthia Carlisle Duplicate Payment 2003 713.95 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 $ 8572.94. Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET August 3, 2004 Fiscal Operations Kathy DuBose SUBJECT Consider a Resolution of the City of DeNon, Texas approving the financing by the HFDC of Cemral Texas, inc., of a health facility located within the city of DeNon, Texas; and providing an effective date. BACKGROUND HDFC of Cemral Texas, Inc. (the "Issuer") proposes, on behalf of the City of Hubbard, Texas, to issue revenue bonds (the "Bonds") pursuam to the Health Facilities Developmem Act, Chapter 221, Texas Health and Safety Code (the "Act"). The bonds will be used to finance and refinance certain health facilities consisting of a 65 bed residemial treatmem facility known as the Nelson Children's Treatmem Cemer, for emotionally disturbed children and adolescems located at 4601 imerstate 35 North, DeNon, Texas 76207 (the "Project"). Lutheran Social Services of the South, inc. ("Lutheran Social Services") owns and operates the facilities in DeNon as well as several others in Texas. Lutheran Social Services is a Texas nonprofit corporation exempt from taxation under Section 501(c)(3) of the imernal Revenue Code of 1986. Section 147(f) of the imemal Revenue Code of 1986 (the "Code") requires that for any health facilities located outside the City of Hubbard, Texas to be financed with bond proceeds, the Issuer must obtain a consent to the financing from a governmental unit within which such health facilities are located. The Project is being financed with bond proceeds and is located within the jurisdiction of the City of DeNon, Texas. Therefore, pursuam to the Code, the City of DeMon's consem is required prior to the Project's financing. Consem is required solely for the purposes of satisfying the Code and to enable the issuer to proceed with the proposed financing of the Project with bond proceeds. PRIOR ACTION/REVIEW (Council, Boards, Commissions) A public hearing was held within the City at Nelson Children's Treatmem Cemer, 4601 Interstate 35 North, Denton, Texas, at 9:00 a.m., on Wednesday, July 21, 2004, after publication of a Notice of Public Hearing (attached) in the DeNon Record-Chronicle. The minutes of the public hearing are attached. Agenda Information Sheet August 3, 2004 Page 2 FISCAL INFORMATION The Bonds will be payable solely from the refinancing loan agreement, and, the City will have no obligation whatsoever for payment of the Bonds, nor shall any of its assets be pledged for payment for the Bonds. EXHIBITS Notice of Public Hearing Minutes of Public Hearing Exhibit A (Notarized statement of publication & copy of publication) Exhibit B (Statement of public attendance to hearing) Resolution Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations PUBLIC HEARING NOTICE The HFDC of C~llral Texas, In¢, [r~e "ir, suer') wilt II~tO a public hearing at 9:08 a.m- on July 21, 2004 at Neigh Chil- dren's Treatment Center at 46~1 I nter~l'ate ~ North, Den- ton~ Texas 76207. Among items 1o be discussed will be a propOSal for Issuance by the Issuer of it5 Revenue BonOs (Ltnl~eran Social Services of the 'Soutl~, lnc- ObligateO Groul~ Project) Series 2004 In one or more series (the ~ ~onds") in an e~ttmated gregate principal amou~It not to exc~ $~,~ for Durpose of~ among ot~er thIn~s, financing and refi- nancing t~e cost of acquisl- ~aln healt~ faclJille5 to ~ ow~ and o~ra/ed by ~u~, I~c., or ifs affiliates 33~ ~uare ~t ~at h~ ~e Cor~rate ~. ex~utive, accounting, ~u. man ~rc~ rl~ mana~ ment an~ information sys- tems staff, 10 ~ I~e~ af 8~ Cross Park Drive, tin, Texa~ 7$7~; (b) relir~ m~t facilities known as The E.F. and Bertha Kru~ m~la[ Lutheran villaS, coffages, 59 In~nt ilv, Slst~ living fac[l[~ (tnc~ud. lng 22 ~s for dementia nursing facili~ (includln9 an cat~ on approximately ~ Slone~ ~renha~, Texas ~; (c) ~ N~ Life dren's Treatment Cenlef~ ~ ~ resi~ntial lrea/ment factIlfy for emotionally dl~. turin ¢~ildre~ and adoles- ~nts I~at~ at ~ 5ca~r- gugh Roa~, Canyon Lake, TeX~s 781~; (d) ~e kemp CRil~ren'~ Treatment center, a ~ ~ t~l~ntial treafm~t facility f~ ann adol~cenls I~al~ at 5~17 ~th AlamO, Cor~us C~ristl, Texa~ ~12; (e) t~ Neigh Cbilare~'s Treatment Center, a ~ ~d treatm~t facility for emo. fionally alstur~d children an~ adolescents [ocaled at ~1 inter, ate ~ Nodh, Den- tOR~ Texas z6302; (f) Krause Children'~ Treal' men1 Center~ a ~ ~d resi- ~tiat treatment facility for emotionally ~l~lur~ c~il- Katy~ Texas 77~4; and lng units (incluaing 24 for ~mentla care) at c~. flrement community I~ victoria, Texas 77~ (the 'Pro~'). ~em~rs ~ fha ~eral ~ellc may ew~ submit wrilten comments Drier to ~he hearing regard. lng ~e Pral~t or t~ DRC 7/02Jo4 MINUTES OF PUBLIC HEAKING HFDC of Central Texas, Inc. Re~ HFDC of Central T~-xas, Inc. Revenue Bonds (Lutheran Social Services of the Soulh, Inc. Obligated Group Project) Series 2004 1, Bill Bratt'~,'t, hearing officer of HFDC of Central Texas, Inc. (the "Issuer"), the issuer of the above referenced Bonds (the "Bonds"), called the Public Hearing of'the Issuer on July 21, 2004 ~o order. I declared that a Public Hearing, required under Section 147(~) of the Internal Revenue Code of 1986 was open for purposes of discussing the Bonds and the project to be financed, refinanced or constructed wkh the proceeds of the Bonds (the "Project") by Lutheran Social Services of the South, Inc. I declared that the required notice of~he Public Hearing for the Project was published in the DENTON RECORD-CHRONICLE, being a newspaper of general circulation in the City of Denton? Texas, as evidenced by an Affidavit of Publication attached hereto as E.xhibir A. I proceeded to hold/he Public Hearing. Comments and discussions with respect to the Bonds and the Project are summarized in E.xhibit B. attached hereto. After sufficient time was given for all present re make their comments with respect to ihe Bonds and the Project, I declared the Public Hearing closed. Dated; Jul},' 21, 2004 Bill Braw/et, Hearing Officer I-IFDC of Cemral Texas, Inc. EXHIBIT A IN THE MATTEl{ OF MC Call, Parkhurst & Horton LLP Dallas, Texas TIlE STATE OF TEXAS Bill Patterson Th{-' County of DenTon The County of Tarrant X being duly- sworn says (s)he is the Publisher/authorized designee of the: Denton Record. Chronicle in City of Denton/surrounding areas in Denton Co.; Denton County Morning News ..... in Lewisville/F]ower Mound/South Denton Co.; Grapevine Sun in City of Grapevine/Southlake/Cotleyville of Tarrant Co.; Newspaper(s) of general circulation which has been continuously and regularly published for a period of not less than one year preceding the date of the attached notice, and that the said notice was published in said paper(s) on the following dates: Public HEARING NOTICE - Nelsons Children's Treatmen% Center Denton Record Che~=icle 7/2/4 94 lines $56.65 Notary Public, Denton, County, Texas EXHIBIT B No member of the public attended the Public Hearing, and thus no comments were made er discussion had about the Project or the Bonds, S:\Our Documents\Resolutions\04\Nelson Children's Center bonds.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE FINANCING BY THE HFDC OF CENTRAL TEXAS, INC. OF A HEALTH FACILITY LOCATED WITHIN THE CITY OF DENTON, TEXAS; PROVIDING AN EFFECTIVE DATE. WHERAS, the Health Facilities Developmem Act, Chapter 221, Texas Health and Safety Code (the "Act"), authorizes and empowers HFCD of Cemral Texas, Inc. (the "Issuer") to issue revenue bonds on behalf of the City of Hubbard, Texas (the "Issuing Unit") to finance and refinance the costs of health facilities found by the Board of Directors of the Issuer to be required, necessary or conveniem for health care, research and education, any one or more, within the State of Texas and in furtherance of the public purposes of the Act; and WHEREAS, Lutheran Social Services of the South, Inc. (the "User"), a nonprofit Texas corporation, proposes to obtain financing and refinancing from the Issuer from a portion of the proceeds of the Issuer's bonds issued pursuant to the Act for costs of certain health facilities consisting of a 65 bed residemial treatmem facility known as the Nelson Children's Treatmem Center, for emotionally disturbed children and adolescents located at 4601 Interstate 35 North, DeNon, Texas 76207 (the "Project"); and WHEREAS, the Project will be located within the City of DeNon, Texas (the "City") and outside the limits of Issuing Unit; and WHEREAS, Section 147(f) of the Imernal Revenue Code of 1986 (the "Code") requires that the consent of a governmental unit in which the Project is located be obtained prior to the use of bond proceeds to finance and refinance the Project; and WHEREAS, a public hearing was held by a hearing officer of the Issuer at the Project at 9:00 a.m. on Wednesday, July 21, 2004 and the City of Demon received a copy of the minutes of the public hearing; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1: The preambles of this resolution are incorporated herein and made a part hereof for all purposes. SECTION 2: The City hereby consems to and approves the financing for the purposes of Section 147(f) on the Imernal Revenue Code of 1986, provided that the City shall have no liability in connection with the financing of the Project and shall not be required to take any further action with respect thereto. SECTION 3: The City Secretary is authorized and directed to deliver executed copies of this Resolution to the President of the Board of Directors of the Corporation for use in connection with the issuance of the aforementioned Bonds. SECTION 4: 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: Page 2 AGENDA INFORMATION SHEET AGENDA DATE: August 3, 2004 DEPARTMENT: CM/DCM/ACM: Police Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance of the City of Demon, Texas prohibiting parking during certain hours on the east side of Newton Street beginning 461 feet north of its intersection with Morse Street and continuing north to a point approximately 856 feet north of the imersection; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. BACKGROUND This item consists of a proposed ordinance to prohibit parking between the entrance and exit of the Tomas Rivera Elementary School drive through/drop off from 7:00 a.m. to 4:00 p.m. on days that school is in session. When school is in session, parking on the east side of the street interferes with traffic flow, pedestrians and crossing guards crossing the roadway, and buses attempting to turn west onto Wilson Street. The proposed ordinance would prevent traffic congestion and enhance the safety of students crossing the street. DISD Transportation Staff and the principal of Tomas Rivera were consulted about this problem and all agreed that prohibiting parking in this area would enhance the safety of studems. OPTIONS 1. Council can choose to adopt the ordinance. 2. Council can choose not to adopt the ordinance. RECOMMENDATION Staff recommends adoption of the ordinance. PRIOR ACTION/REVIEW None. FISCAL IMPACT The proposed ordinance would require the installation of two $125.00 No Parking signs. The City of Denton Traffic Department would install the signs. Respectively submitted, Charles Wiley Chief of Police Prepared by: Joanie Housewright Captain Operations Bureau S:Our Docunlalt ~Ordhlmlce~04 No ParkingmNewtonStr eet doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING DURING CERTAIN HOURS ON THE EAST SIDE OF NEWTON STREET BEGINNING 461 FEET NORTH OF ITS INTERSECTION WITH MORSE STREET AND CONTINUING NORTH TO A POINT APPROXIMATELY 856 FEET NORTH OF THE INTERSECTION; 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, no person shall park a vehicle on school days from 7:00 a.m. to 4:00 p.m. upon the following street in the City of Denton: The east side of Newton Street Drive beginning 461 feet north of its intersection with Morse Street and continuing north to a point 856 feet north of the intersection. SECTION 2. The provisions of Section I 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 3. 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 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. 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. S:Our Docummlts Ordhlances 04 No ParkingmNewtonStreet doc 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 INFORMATION SHEET AGENDA DATE: August 3, 2004 DEPARTMENT: CM/DCM/ACM: Police Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance of the City of Demon, Texas prohibiting parking during certain hours on the both sides of Sun Valley Drive from its intersection with Stuart Road east for a distance of approximately 125 feet; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. BACKGROUND This item consists of a proposed ordinance to prohibit parking between Stuart Road and the end of the pavement lane markings at Ginnings Elementary School from 7:00 a.m. to 4:00 p.m. on days that school is in session. When school is in session, vehicles stop, park, and double-park immediately upon turning from Stuart Road onto Sun Valley to drop off and pick up students. Traffic then backs up on Stuart Road in both directions and the parked and double-parked vehicles on Sun Valley Drive imerfere with the visibility of crossing children and the crossing guard on Stuart Road and drivers oftentimes cross into the opposite traffic lane to get around the vehicles stopped on Stuart Road. The goal is to get the parked vehicles further down on Sun Valley so the congestion at the intersection is alleviated. Attempts to gain voluntary compliance from motorists have included posted "No Stopping" signs and directed police patrols, but the problem persisted if officers were not stationed at that location. The proposed ordinance will move parked vehicles further east on Sun Valley, significamly reducing the traffic congestion on and enhancing the safety of pedestrians crossing the street. DISD Transportation Staff and the principal of Ginnings Elementary were consulted about this problem and all agreed that no parking in this area would enhance the safety of studems. OPTIONS 1. Council can choose to adopt the ordinance. 2. Council can choose not to adopt the ordinance. RECOMMENDATION Staff recommends adoption of the ordinance. PRIOR ACTION/REVIEW None. FISCAL IMPACT The proposed ordinance would require the installation of two $125.00 No Parking sign. The City of Denton Traffic Department would install the sign. Respectively submitted, Charles Wiley Chief of Police Prepared by: Joanie Housewright Captain Operations Bureau S:Our Docunlelt ~Ordhlmlce~04 No ParkingSunV alley doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING DURING CERTAIN HOURS ON BOTH SIDES OF SUN VALLEY DRIVE FROM ITS INTERSECTION WITH STUART ROAD EAST FOR A DISTANCE OF APPROXIMATELY 125 FEET; 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, no person shall park a vehicle on school days from 7:00 a.m. to 4:00 p.m. upon the following street in the City of Denton: Both sides of Sun Valley Drive from its intersection with Stuart Road east for a distance of approximately 125 feet. SECTION 2. The provisions of Section I 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 3. 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 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 guiky 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. S:Our Docummlts Ordhlances 04 No ParkingSunV alley doc 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 INFORMATION SHEET AGENDA DATE: August 3, 2004 DEPARTMENT: CM/DCM/ACM: Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of a Ordinance authorizing the City Manager or his designee to execute an Encroachment Agreement to allow the installation of a monument sign within an existing City of Denton Public Utility Easement located adjacent to Lillian Miller Parkway just North of Wind River Road, said tract being described as a 0.0003 acres of land situated in the John McGowan Survey Abstract No. 797, in the City of Denton, Denton County, Texas, being part of a Lot 1, Block A of Wind River Estates Phase 1, as Addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet O, Slide 27, Plat Records, Denton County, Texas, and providing an effective date. BACKGROUND Kwik Industries has requested permission to use an area within the boundaries of an existing City of DeNon public utility easemem for the purpose of a monumem sign and related facilities. The easemem in question was procured by the Upper Trinity Regional Water District in 1993 and was subsequently assigned to the City of Denton, as part of the water transmission line purchase. The proposed sign location does not imerfere with existing public utility improvements located within the easement. The Encroachment Agreement has provisions that protect the City's existing and future utility operations within the public utility easemem. The proposed sign will exist in the easemem at the Owner's risk and the City shall have no obligation to restore the sign should future utility operations require its removal. OPTIONS 1. Approve the Resolution, or 2. Denial, or 3. Table for future consideration RECOMMENDATION The Utility Departmem has reviewed the applicant's request and they have no objections, so long as there is an encroachment agreement in place that protects the City's rights to fully utilize the easement area as the future warrants, with no obligation to restore the sign. Staff supports the approval of the Resolution and the Encroachment Agreement. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION None ATTACHMENTS Location Map Ordinance Encroachment Agreement Survey Legal Description Plans & Specs Prepared by: Pamela England Real Estate Specialist Respectfully submitted: Kelly Carpenter, Director Planning Department RIDGE WHITEFISH sign Location TEASLEY WIND RIVER TEASLEY WIND RIVER ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN ENCROACHMENT AGREEMENT TO ALLOW THE INSTALLATION OF A MONUMENT SIGN WITHIN AN EXISTING CITY OF DENTON PUBLIC UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City Council finds that approval of the Encroachment Agreement attached hereto and made a part hereof by reference (the "Agreement") is in the public interest; 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 Agreement is hereby approved. The City Manager or his designee is hereby authorized to execute the Agreement on behalf of the City and to carry out the City's fights and obligations under the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of _, 2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:Our D°cumenls Ordinances 0~KWIKIN'DOC ENCROACHMENT AGREEMENT WHEREAS, Kwik Industries, Inc., a Texas corporation (hereinafter referred to as ~LICENSEE"), by and through its undersigned authorized officer, has requested permission to use an area within the boundaries of an existing CITY of Denton (the "CITY") Public Utility Easement ("CITY EASEMENT'') as defined below, located in Denton County, Texas for the installation of a monument sign and related appurtenances (the "ENCROACHING FACILITY'); and WHEREAS, the ENCROACHING FACILITY will be located within that portion of the CITY EASEMENT and more particularly described as an 0.0003 acre parcel in Exhibit attached hereto and iflustrated in Exhibit "B" made a part hereof by reference (the "ENCROACHMENT AREA"); and WHEREAS, LICENSEE has entered into this agreement to set forth certain responsibilities th.a_~it has under this Agreement; and WHEREAS, The CITY of Denton, Texas ("CITY") hereby grants permission and license to LICENSEE to the locate, maintain and repair the ENCROACHING FACILITY within the ENCROACHMENT AREA, subject to the following terms and conditions: 1. It is understood and agreed that the CITY only holds EASEMENT interests for the CITY EASEMENT portion of the ENCROACHMENT AREA. Therefore, LICENSEE is responsible to obtain whatever rights and permission, other than the CITY's that are necessary from any others having an interest in the ENCROACHMENT AREA. This agreement shall extend to and be binding upon LICENSEE and its heirs, successors, and assigns, and is not to be interpreted as a waiver of any rights held by the CITY under CITY's EASEMENT. 2. · The ENCROACHING FACILITY shall be constructed in such a manner as not to interfere with the CITY facilities and shall be limited to and constructed in accordance with the City of Denton Development Code requirements as shown in the PLANS AND SPECIFICATIONS previously submitted to CiTY by LICENSEE, a copy of which is attached hereto and made a part hereof as Exhibit "C' (the "PLANS AND SPECIFICATIONS"), except for such modifications to the PLANS AND SPECIFICATIONS that are approved in advance in writing by the CITY ("Authorized Modifications"). When referring to the ENCROACHING FACILITY within this agreement such term shall mean the ENCROACHING FACILITY constructed in accordance with the PLANS AND SPECIFICATIONS and Authorized Modifications, if any. The CITY reserves the right to lirfiit excavation within the ENCROACHMENT AREA and/or to require sped~ic construction methods (including trench shoring or dry bore and casing installation techniques) for any proposed utility work that may be permitted by this agreement. These limitations or construction methods shall De included in the construction PLANS AND SPECIFICATIONS for any work performed within the ENCROACHMENT AREA. In addition, the LICENSEE shall provide adequate inspection and coordination with the CITY to insure the contractor adheres to these items during construction. 3. The ENCROACHING FACILITY is subordinate to the CiTY's facilities and rights under the' CITY EASEMENT, including without limitation, utilities and related facilities located now or in the future within the ENCROACHMENT AREA. in the event the CITY repairs, expands, or adds to its facilities within the ENCROACHMENT AREA, and in the CITY's sote opinion it is necessary that the Encroaching Facilities be modified, removed or relocated, in whole or in part, to accommodate such repairs, expansion or addition, LICENSEE shall, at its so[e cost, modify, remove or relocate the ENCROACHING FACILITY, as directed by the CITY, no later than 30 days after CITY gives LICENSEE written notice, unless an emergency repair is necessary wherein the CITY has the right to remove the ENCROACHING FACILITY immediately at the LICENSEE's sole cost and expense without any liability to CITY for such action. 4. LICENSEE shal[ defend, indemnify and hold harmless the CITY, its employees and agents from and against any and all claims, expenses, (including attorney fees), damages, losses and .judgments arising out of or incident to the presence, construction, operation and maintenance of the ENCROACHING FACILITY. Before performing any workwithin the ENCROACHMENT AREA, LICENSEE and its agents or contractors shall provide to the CiTY such certificate or certificates of insurance complying with the CITY's insurance requirements prior to construction or placement of the ENCROACHING FACILITY. 5. LICENSEE and it's successors and assigns to, shall purchase and maintain General Liability Insurance naming the CITY as an "additional insured" for damages arising from the construction and maintenance of the Sign with a timit of not less than $250,000.00 for each person and $500,000.00 for each singte occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property. 6. LICENSEE will limit the cuts needed in the ENCROACHMENT AREA crossing zones required for construction of the ENCROACHING FACILITY to prevent construction equipment from damaging existing CITY facilities or public utilities located within the ENCROACHMENT AREA and adjacent areas. 7. It is agreed that no trash dumpsters, toxic substances or flammabte material will be allowed on or in the ENCROACHMENT AREA. 8. The CITY will not be responsible for any costs of construction, operation and maintenance of LICENSEE'S ENCROACHING FACILITY. It is further agreed that the CITY shall' not be liable for any damage to the ENCROACHING FACILITY as a result of the CITY's use pursuant to its EASEMENT. If any CITY property is damaged or destroyed by LICENSEE or its agents it may be repaired or replaced by the CITY at LICENSEE's expense and payment is due upon LICENSEE's receipt of an invoice from the CITY. 9. Grading, if any, shall be done in order to heave the ENCROACHMENT AREA and C:\Document~ and Setttngs\Sid\Local .Settings\Temporary Internet Ftles\OLKD\Kw~k Industries ~ncroachment Agreement. DOC PaG~ 2 EASEMENT in as near as possible to its present condition. Spoil dirt and all trash shall be removed from these areas. 10. Construction equipment and materials shall not be stored on the ENCROACHMENT AREA or EASEMENT or right-of-way areas during construction. 11. It is understood and agreed that, in case of default by LICENSEE or its agents in any of the terms and conditions herein stated and such default continues for a period of ten (10) days after the CITY notifies LICENSEE of such default, the CITY may at its election forthwith terminate this agreement and upon such termination all of LICENSEE's rights hereunder shall cease and come to an end. This agreement shall also terminate upon the abandonment of the ENCROACHING FACILITY. 12. This agreement shall be construed under the laws of the State of Texas and is fully performable in Denton County, Texas. Dated to be effective as of the day of ,2004. CITY OF DENTON, TEXAS BY: MICHAEL A CONDUFF CITY MANAGER 215 E, McKinney Denton, Texas 76201 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO FORM: Kwik Industries, Inc. C:\Documents and Settings\Sid\Local Settings\TemporarY Internet Files\OLKD\Kwik Industries Encroachment Agreement. DOC Page 3 BY: ~ -: 4~Na[l Road Dallas, TX 75244 ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on ,2004 by Michael A. Conduff, CITY Manager of the CITY of Denton, Texas, on behalf of such municipality. Notary Public in and for the State of Texas My Commission Expires: ACKNOWLEDGEMENT THE STATE OF "T'E."/-i~ S § COUNTY OF 'DAb[-~5 § This instruFLeQt was acknowledged befor, ff,_~e on ~,)~.,~L4... , I~dustries Inc., a"Jl'exas corporation, on behalf of said corporation. Notary~ublic in and t;dr {he State of 2004 of the Kwik ~<~;*~'" DECEMBER 11, 3004 ~'"-~ , ~__ J .... ~- c:\Documents and Settlngs\S!d\Local Se%~ing~\Temporary Internet Files\OLKD\Kwik Industries Encroachment Agreement. DOC Page 4 Exhibit A Encroach'ment Area LEGAL' DESCRIPTION BEING a tract of land situated in the John McGowan Survey, Abstract No. 797, in the City of Denton, Denton County, Texas, and being a part of a Lot 1, Block A of Wind River Estates Phase 1, an Addition to the City. of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet O, Slide 27, Plat Records, Denton County, Texas, and lying in an exist/n/ 20' Easement granted to the Upper. Trinity. Regional Water District by deed recorded under Denton County Clerks File No. 93-R0038656, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING 'at the southwest corner of said Lot l, Block A, .a 1/2" iron rod found for corner; THENCE sOUth 88° 23' 25" East, with the south' line of said Lot 1, Block A,' a distance of 12.26 feet to a point 'for corner; THENCE North 01, '36' 35, East, traversing~said 'Lot 1, Block A, a distance of 24~92 to a point for corner, and the POINT OF BEGINNING; THENCE North 00 degrees 40 minutes 55 seconds West~ 2.00 feet to a l~oint for corner; THENCE North 89 degrees 19 minutes 02 seconds East, 7.00 feet to a point for corner; THENCE South 00 degrees 40 minutes 55 seconds East,. 2.00 feet ~o a point, for corner; THENCE' South 89 degrees 19 minutes 02 seconds West, 7.00 feet to the POINT OF BEGINNING and contain/ng 14.00 Square Feet or 0.0003 Acres of land. c...XH.tBI T B' EASEMENT SKETCH I f I. LOT 1, BLOCK A WIND RIVER ESTATES PHASE CAB. O, SLIDE 27, P.R.D.C,~ EASEMENT ' I SIGN EASEMENT I I LOT 1, BLOCK A ' WIND RIVER ESTATES PHASE 1 . . GI CAB, O, SLIDE 27, P.R.D.C,T. L-I S 88'23'25" E 12.26' L-2 N 01'56'55" E 24-.92' L-3 N 00'4-0'55" W 2.00' L-4- N 89'19'02" E 7.00' L-6- S 00'40'55" E 2.00' L-5 L-7 S 89'19'02" W 7.00' L *N88'23'25="W 249.82' FRED GOSSETT (PLAT 250.00') CLEP-J<'$ FILE NO. 94.-.R0090078 D.R.D.C.T. EXHIBIT C PLANS AND SPECS AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET August 3, 2004 Human Resources Kathy DuBose SUBJECT Consider and confirm the re-appointment by the City Manager of Dr. Tory Caeti to the Civil Service Commission. BACKGROUND Dr. Tory Caeit's term expires in August of 2004; however, he is eligible to serve another term. In compliance with Chapter 143.006 (b) of the Texas Local Government Code, the municipality's chief executive (City Manager) shall appoint a member to serve a three-year term and the governing body (City Council) shall confirm this appointment. RECOMMENDATION The City Manager has elected to re-appoint Dr. Tory Caeti, Assistant Professor of Criminal Justice at the University of North Texas, to the Civil Service Commission. PRIOR ACTION/REVIEW There has been no prior action or review on this agenda item. FISCAL INFORMATION This item has no fiscal impact. EXHIBITS Bio for Dr. Caeti Respectfully submitted: Carla J. Romine Director of Human Resources Dr. Tory Caeti-Bio Dr. Tory J. Caeti is currently an Associate Professor in the Department of Criminal Justice at the University of North Texas. Dr. Caeti received his Ph.D. from Sam Houston State University in 1999. Dr. Caeti worked as a consultant for Justice Research Consultants, Magellan Research, the Law Enforcement Management Institute of Texas, the Police Research Center at Sam Houston State University, and Justex Systems Inc. He has also taught at the Institute for Law Enforcement Administration, the Law Enforcement Management Institute of Texas Executive Issues Series, the Executive Institute of the Illinois Criminal Justice Authority, the Midwest Criminal Justice Institute, and at the International Association of Crime Analysts. His research interests lie in the areas of police patrol, police administration and management, allocation and deployment of resources, organizational assessment and analysis, crime analysis and geographical information systems (GIS), criminal justice policy, juvenile justice and gangs, and research and statistical methods. Dr. Caeti has served as a consultant to the Fort Worth Police Department in a comprehensive organizational study, the Illinois Criminal Justice Authority, the Police Departments in Houston, Dallas, Carrollton, Richardson, and Southlake Texas, the Texas Youth Commission, the Dallas County District Attorney's Office. He has authored numerous articles in journals including Crime and Delinquency, Law and Policy, American Journal of Criminal Law, Police Liability Review, Criminal Justice Policy Review, and the Texas Law Enforcement Management and Administrative Statistics Program Bulletin. He is also an author on two books, Digital Crime and Digital Terrorism and Juvenile Justice: Programs, Policies and Practices. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: August 3, 2004 City Manager's Office Mike Conduff, City Manager SUBJECT Consider appointments to City's Boards and Commissions. BACKGROUND The attached nominations for boards and commissions were discussed at the July 27, 2004 City Council meeting. Council will be voting on approval of these nominations at this meeting. If you require any further information, please let me know. Respectfully submitted: Jane Richardson Asst. City Secretary BOARD AND COMMISSION NOMINATIONS Board Council Member Nomination Airport Advisory Board IVlontgomery _]ay Anderson Community Development Advisory Cmte All IVlaurine _]amail Human Services Advisory Committee All Charles IVlcLain Library Board Brock Pat Langa Traffic Safety Commission All Georgianne Burlage July 30, 2004 AGENDA INFORMATION SHEET AGENDA DATE: August 3, 2004 DEPARTMENT: CM/DCM/ACM: Airport and Transportation Operations Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance of the City of Demon, Texas approving an Imerlocal Cooperation Agreement between the City of Denton and the Denton County Transportation Authority providing Link Operations Funding Assistance for September 2004; and providing an effective date. BACKGROUND In September of 2003, voters approved a 1/2 cern increase in the City of Denton's sales and use tax to provide funding for the recemly created Demon County Transportation Authority (DCTA). The purpose of the DCTA is to implement a Service Plan that provides public transportation and transportation related services in those cities in Denton County who have authorized sales and use tax levy. Part of the DCTA Service Plan includes the operation of LINK's Fixed Route and Demand Response services. The Service Plan calls for the DCTA to begin providing transportation services starting October 1, 2004. In FY 2005, the Texas Departmem of Transportation (TxDOT) will rescind eligibility of the public transportation grant historically awarded to the City of Denton. Discontinuance of this grant to both Denton and Lewisville is a result of the 1/2 cent sales tax funding mechanism created for public transportation services via the DCTA. Since the City and State have a differem fiscal year, TxDOT's decision will impact one momh of LINK operations for this fiscal year (2003-04) resulting in a one-momh (September) gram revenue shortfall. DCTA has formally requested that TxDOT provide funding to LINK for the month of September as previously budgeted. However, if the request is unsuccessful, the proposed imerlocal agreement with DCTA will allow LINK operations for September 2004 to be funded through the DCTA rather than TxDOT. As a result, there will be no financial loss to LINK operations this fiscal year. The DCTA Board of Director's has approved the Interlocal Cooperation Agreement that will provide funds to cover this cost for both Denton and Lewisville since the creation of the DCTA has disqualified operators of public transportation services in the Denton-Lewisville Urbanized area to receive TxDOT operating assistance. RECOMMENDATION: Staff recommends approval. PRIOR ACTION/REVIEW: The DCTA Board of Directors has approved the agreemem. approved the agreement. The City Attorney has reviewed and FISCAL INFORMATION: The City of Demon will receive a reimbursemem of approximately $49,000 by the DCTA for the operation of public transportation services for the month September 2004. Due to varying monthly operational costs, the exact amount will be determined at the close of FY 2004. EXHIBITS Ordinance Interlocal Agreement Respectfully submitted: Mark Nelson Director of Airport and Transportation S:\Our Documents\Ordina~ces\04\Interlocal-DCTA-9-04 Funding.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY TRANSPORTATION AUTHORITY PROVIDING LINK OPERATIONS FUNDING ASSISTANCE FOR SEPTEMBER, 2004; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton County Transportation Authority (the "Authority") at an election held on November 5, 2002 was duly confirmed as a transit authority pursuant to Chapter 460 of the Texas Transportation Code; and WHEREAS, a sales and use tax levy was authorized by and for the benefit of the Authority at an election held on September 13, 2003 within the municipal limits of the City of Denton; and WHEREAS, the Texas Department of Transportation did notify the City of Denton of ineligibility for State fiscal 2005 state transit funding under the Small Urbanized Transit Systems, as defined in Chapter 458, Texas Transportation Code, thereby creating a one month period - September 2004 - when state transit fund availability will have lapsed, creating an operational liability for the City for the provision of public transportation service during September 2004; and WHEREAS, the City of Denton and the Authority desire to enter into an Interlocal Cooperation Agreement to provide for funding for transit funding to the City for September 2004 in substantially the same form as the Interlocal Cooperation Agreement attached to and made a part of this ordinance by reference (the "Interlocal Agreement"); and WHEREAS, the Interlocal Agreement serves valid public purposes and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Mayor, or her designee, is hereby authorized to execute the Interlocal Agreement on behalf of the City of Denton. SECTION 3. The City Manager, or his designee, is authorized to execute any other documents on behalf of the City necessary to implement the Interlocal Agreement on behalf of the City. SECTION 4. 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 Page 2 S:\Our Documents\Ordina~ces\04\Interlocal-DCTA-9-04 Funding.doc S:\Our Documonts\Crmtracts\04ltCACity of DentonLinklnteTloeat Cooperation Agreement-7~29-04.DOC INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF DENTON, TEXAS, a Texas Municipal Corporation (hereinafter the "CITY") and THE DENTON COUNTY TRANSPORTATION AUTHORITY, (hereinafter the "AUTHORITY"), each organized and existing under the laws of the State of Texas, each acting by and through and under the authority of their respective governing bodies and officials in accordance with the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code (the "Act"); and WHEREAS, the CITY and the AUTHORITY are local governmental entities organized under the laws of the State of Texas, both of whom have the authority to perform the services set forth in this Agreement individually, and who mutually desire to enter into an interlocal cooperation agreement in order to maximize the benefits to the citizens of the CITY and the constituents of the AUTHORITY; and WItEREAS, the CITY and the AUTHORITY each have the authority to perform the services set forth in this Agreement individually and in accordance with the Act; and WHEREAS, the paying party will make all payments for services out of available current revenues available to the paying party and all payments made by it hereunder will fairly compensate performing party for the services provided herein; and WHEREAS, the AUTHORITY at an election held on November 5, 2002 was duty confirmed as a transportation authority pursuant to Chapter 460, TEXAS TRANSPORTATION CODE (the "Code"); and WHEREAS, the CITY is a municipality participating in the AUTHORITY and the residents of the City did cast a majority of votes in favor of the authorization of tax levy by the AUTHORITY on September 13, 2003; and WHEREAS, the AUTHORITY has pursuant to §460.103, TEXAS TRANSPORTATION CODE those powers necessary and convenient for the purpose of providing public transportation and transportation-related services and the power to contract with a municipality for purposes consistent with and beneficial to the Service Plan of the AUTHORITY pursuant to §460.104; and WHEREAS, the provision of public transportation by the City through the Denton Transit System (LINK) is consistent with the AUTHORITY's Service Plan; and WHEREAS, the CITY is the recipient of state transit funds for Small Urbanized Transit Systems, as defined in Chapter 458, T~XAs TRANSPORTATION CODE and received such funding for State fiscal year 2004, but not all of CITY fiscal year 2004, as an offset of the operational cost of LINK (CITY's fiscal year ends October 1 of each year); and WHEREAS, it is the intent of the CITY and the AUTHORITY to continue the provision of public transportation services by the LINK until such time as the operation of the pubhc transportation system is transfen-ed to the AUTHORITY, on or about October 1, 2004; and S :\Our Doeuments\Contracts\04\ICACity of DentonLinklnterlocal Cooperation Agreement-7-29-04.DOC WHEREAS, the Texas Department of Transportation did notify the CITY of ineligibility for State fiscal year 2005 state transit funding, thereby creating a one month period - September 2004 - when state transit fund availability will have lapsed, creating an operational liability for the CITY for the provision of public transportation service during September 2004; and WHEREAS, one of the public purposes served by the creation of the AUTHORITY was to assign responsibility for the operation and fund/ng of public transportation within its service area (including CITY) through a transit sales tax effective January 1, 2004; and WHEREAS, the CiTY and the AUTHORITY have both jointly requested the Texas Department of Transportation amend and fund the Small Urbanized Transit System contract with the CITY to include September 2004, but such authorization has not yet been received or funded; and WHEREAS, the Act authorizes the CITY and the AUTHORITY to enter into this Agreement for the purpose of achieving the governmental fimctions provided for herein by this collective, cooperative undertaking; and WHEREAS, ALrrHORITY agrees to fund CITY's transit operations for the month of September 2004, and CITY desires to accept funding for that month, but does not intend or des/re to thereby waive any claim for public transportation funds during the period between January 2004 and September 2004; NOW THEREFORE, the CITY and the AUTHORITY, for and in consideration of the premises and the mutual covenants set forth in this Agreement, and pursuant to the authority granted by the governing bodies of each of the parties hereto, do hereby agree as follows: ARTICLE 1 INCORPORATION OF PREAMBLES All matters and recitations stated in the Preamble to this Agreement are true and correct and are hereby incorporated by reference into the provisions of this Agreement as an expression of intent and as an aid to construction. ARTICLE 2 PURPOSES OF AGREEMENT The purpose of this Agreement is to authorize the Authority to appropriate funds to the CITY for continued operation of CITY's public transportation system by the Denton Transit System (LINK) under the terms and conditions currently existing for operation of LINK pursuant to a contract between the CITY and a transportation service provider. INTERLOCAL COOPERATION AGREEMENT - Page 2 Doe ID SCOTR-$43~500 08097-001 S:\Our Dacuments\Contraets\04\ICACity of DentonLinklnterlocal Cooperation Agreement-7-29-04.DOC ARTICLE 3 TERM OF AGREEMENT The Agreement shall be effective as of the effective date set forth below and shall continue in full force and effect unless the Texas Department of Transportation modifies and extends the Small Urbanized Transit System contract with the CITY to include the month of September 2004 in the 2003 fiscal year contract and funds said contract in an additional amount estimated to be $49,000 on or prior to October 20, 2004, upon which condition this Agreement would terminate. ARTICLE 4 TERMINATION OF THE AGREEMENT This Agreement terminates upon the first to occur on the following events: A. By mutual written agreement of the CITY and AUTHORITY; or B. Expiration as provided in Article 3; or If the CITY receives funding for the operation of the public transit system (LINK) for the month of September 2004 from state transit funds in the mount specified, prior to October 20, 2004. ARTICLE 5 UNDERTAKING OF TI-rE AUTHORITY The AUTHORITY shall provide to the CITY a reimbursement of the funds it would have received for September 2004, estimated to be $49,000, but reLmbursement to be in an mount of actual documented expenditures,under the same or similar terms and conditions imposed on the CITY for the receipt of state transit funds, Small Urbanized Transit System Program and for use or expenditure under the same terms and conditions that the Texas Department of Transportation State Transit Fund Program would have required for the month of September 2004. ARTICLE 6 UNDERTAKING OF THE CITY On the effective date of this Agreement, the CITY shall continue to provide public transportation services through the City transit system (LINK) for the month of September 2004 without interruption, and agrees to bill and invoice the AUTHORITY under the same terms, conditions and requirements as required for the State Transit Fund Program for an amount currently estimated to be $49,000. [NTERLOCAL COOPERATION AGREEMENT - Page 3 Doc ID 8COTR-843500 0g097-1}01 S:\Our Documents\Contracts\04qCACity of DentonLinklnterlocal Coopgration Agreement-7-29-04~DOC ARTICLE 7 USE OF CITY'S SHARE AND MAINTENANCE OF RECORDS CITY agrees to maintain records that will provide accurate, current, and complete disclosure of the status of the funds received under this Agreement and with any other apphcable Federal and State regulations establishing standards for fmancial management. CITY's record system shall contain sufficient documentation to provide full support and justification for all expenditures made by CITY at all reasonable times. ARTICLE 8 HOLD HARMLESS Only to the extent allowed bY the Constitution and statutes of the State of Texas, and 'without waiving any immunity or 1/mitation as to liability, the CITY agrees to and shall indemnify and hold harmless the AUTHORITY, its officials, officers, agents, employees, or attorneys fi:om and against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury or death of any person, or for damages to any property; real, personal, or intellectual, arising out of or in connection with the operation of CITY's transit system during the month of September 2004, where the injury or death or damage is caused by the negligence of the CITY, its officials, officers, agents, employees, or attorneys. ARTICLE 9 GOOD FAITH NEGOTIATION AND DISPUTE RESOLUTION Whenever a dispute or disagreement arises under the terms of this Agreement, the parties agree to enter into good faith negotiations to resolve such disputes. If the matter continues to remain unresolved after good faith negotiations by the parties., then the matter shall be referred to outside mediation. This provision is mandatory, arises under the provisions of §791.015 of the Act, and shall be a condition precedent to the filing of any litigation by either or both parties hereto. ARTICLE 10 AS S IGNABILITY/CONSENT Except as otherwise provided herein, or except as may be hereafter determined by the parties, no party to this Agreement may sell, assign, or transfer its interest in this Agreement, or any of its fight, duties, or obligations hereunder, without the prior written consent of the other party. However, whenever the consent or the approval of a party is required herein, such party shall not unreasonably withhold, delay, or deny such consent or approval. INTERLOCAL COOPERATION AGREEMENT- Page 4 Doc ID SCOTR-843500 ~$0~7-001 S:\Our Documents\Contracts\04\lCACity of DentonLinklnterlocal Cooperation Agreement-7-29-04.DOC ARTICLE 11 NOTICE Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be by personal delivery; or shall be sent by registered mail or certified mail; or shall be sent by U.S. Mail, return receipt requested, postage prepaid; to: CITY: City Manager AUTHORITY: City of Denton, Texas 215 East McKinney Denton, Texas 76201 Executive Director Denton County Transportation Authority Brookhollow North 1660 South Stemmons, Suite 250 Lewisville, Texas 75067 Notice shall be deemed to have been received on the date of receipt as shown on the remm receipt or other written evidence of receipt. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions of this Article will not be waived unless as herein set forth. ARTICLE t3 SAVINGS/SEVERABILITY In the event that any one or more of the provisions hereof contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. ARTICLE 14 GOVERNEqG LAW AND VENUE This Agreement shall be construed under and governed by, and in accordance with the laws of the State of Texas, and all obligations of the parties hereto, created by this Agreement are performable in Denton County, Texas. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. ARTICLE 15 ENT~ AGREEMENT INTERLOCAL COOPERATION AGREEMENT - Page $ Doe ID SCOTR-843500 08097-001 $ :\Our Doeurn~nts\Contracts\04klCACity of DentonLiuklnterlocal Cooperation Agreement-7-29-04.DOC This Agreement and any exhibits which may be attached hereto, constitutes the entire agreement among the parties hereto with respect to the funding of CITY's LINK transit operations for September 2004, and supersedes any prior understandings or written or oral agreements between the parties with respect to that function. No amendment, modification, cancellation or alteration of the terms of this Agreement shall be .binding on any party hereto unless the sanae is in writing, dated subsequent to the date hereof, and is duly authorized and executed by the parties hereto. ARTICLE 16 WAIVER OF TERMS AND CONDITIONS The failure of either party to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. ARTICLE 17 ALYTHORITY OF PARTIES This Agreement is made by and entered into by the duly authorized officials of each respective governmental entity. ARTICLE 18 CAPTIONS The captions contained in this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. ARTICLE 19 COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and constitute one and the same instrument. IN WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be executed Ln two (2) original counterparts, by its duly-authorized and empowered Mayor; and the Denton County Transportation Authority has caused this Agreement to be executed by its duly- authorized and empowered officer to be effective as of the day of ., 2004. CITY OF DENTON, TEXAS By: EULINE BROCK, MAYOR INTERLOCAL COOPERATION AGREEMENT - Page 6 Dac 1D SCOTR*1143500 0g097-001 S:\Our Doeuments\Contracts\04~ICACity of DentonL/nkInterlocal Cooperation Agreement-7-29-04.DOC ATTEST: JENNIFER WATERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: DENTON COUNTY TRANSIT AUTHORITY By: CHARLES EMERY, CHAIRMAN DENTON COUNTY TRANSPORTATION AUTHORITY ATTEST: JASON PIERCE, SECRETARY By: APPROVED AS TO LEGAL FORM: RIDER SCOTT, GENERAL COUNSEL By: INTERLOCAL COOPERATION AGREEMENT - Page 7 Doc ID SCOTR-843500 08097-001 (9~0) $~9-8590 ~ DFW Mctro (97~) ~-~59 ~ FAX (9~0) $~9-8190 LINK Operations FY 2004 TxDOT Grant September 2004 Narrative On February 29, 2004, the FY 2004 LiNK TxDOT Gram balance was $64,497. As of June 30, 2004, these funds were expended for March 2004 through June 2004 LiNK operations. LiNK staff will submit the final reimbursement request no later than July 26, 2004. TxDOT will then begin the close-out process of the 2004 LINK grant and LINK staff anticipates the grant will be closed out by the end August 2004. With the final draw down of the TxDOT 2004 LINK Gram, a loss of local match funding for LINK's FY 2004 operation will be realized due to the ineligibility to access the FY 2005 TxDOT funds. The gap in funding is estimated to be approximately $47,980.06. This figure was computed by using a prorated formula based on the first eight months of LINK Operations during FY 2004. This number will fluctuate as operations and maintenance cost vary month to month. Based on the above formula, the following is an estimation of funds needed for September 2004 LINK operations. Total amoum for September: $112,526.42 FTA Contribution: TxDOT Contribution: $ 64,546.36 $ 47,980.06 "Dedicated to Quality Service" www. cityofdenton, com AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: August3,2004 Finance Kathy DuBose SUBJECT Consider approval of a resolution authorizing the City Council to appoint a special Citizens Advisory Committee for the Capital Improvement Program; and declaring an effective date. BACKGROUND At the July 20, 2004, Council work session, the City Council held a discussion concerning a February 5, 2005, Capital Improvement Bond Election. The Council instructed staff to proceed with the process necessary to create a special 50 member Citizens Advisory Committee. Each Council Member will appoint seven (7) citizens to the Committee and the entire Council will select a citizen to chair the Committee. ESTIMATED SCHEDULE An Election Schedule is attached. EXHIBITS Election Schedule Resolution Respectfully submitted: Kathy DuBose Assistant City Manager Capital Improvement Bond Election Schedule August3,2004 Council Appoints Committee August 2004 - October 2004 Committee Develops Recommendations October2004 Committee Presents Recommendations November2,2004 Council Calls Bond Election for February 5, 2005 (Election must be called no later than the November 16, 2004 Council Meeting) January l9,2005 Early Voting Begins February 1,2005 Early voting Ends February 5, 2005 Election Day S:\Our Documents\Resolutions\04\cip conmfittee.doc RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY COUNCIL TO APPOINT A SPECIAL CITIZENS ADVISORY COMMITTEE FOR THE CAPITAL IMPROVEMENT PROGRAM; AND DECLARING AN EFFECTIVE DATE. WHEREAS, implementation of the capital improvements plan is an essential element of the goal of maintaining the quality of life for the community by providing for the necessary infrastructure, improvements, and services to adequately serve the community; and WHEREAS, the City Council has determined that it would be advisable to create a Special Citizens Advisory Committee to provide recommendations on the manner of implementing the capital improvements plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. A Special Citizens Advisory Committee shall be appointed to make recommendations to the City Council on the manner of implementing the City's five-year capital improvements plan. SECTION 2. The Special Citizens Advisory Committee shall be composed of fifty (50) persons of the community appointed by the Council, seven (7) appointments per councilmember and one chairperson appointed by the entire Council. The Committee shall perform its functions in accordance with the intent of this resolution as directed by the Council. SECTION 3. 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 AGENDA INFORMATION SHEET AGENDA DATE: August3,2004 DEPARTMENT: Finance ACM: Kathy DuBose SUBJECT Consider appointments to a special Citizens Advisory Committee to study capital improvement needs for projects to be included in a February 2005 Bond Election and discuss the charge for the Committee. BACKGROUND At the July 20, 2004, Council Work Session, the City Council held a discussion concerning a February 5, 2005, Capital Improvement Bond Election. The Council instructed staff to proceed with the process necessary to create a special 50 member Citizens Advisory Committee. Each Council Member will appoint seven (7) citizens to the Committee and the entire Council will select a citizen to chair the Committee. Attached is the Committee Charge for the last Bond Election Committee, which worked in 1999 - 2000. ESTIMATED SCHEDULE An Election Schedule is attached. FISCAL INFORMATION The February 2005 Capital Improvement Bond Election is estimated at $28 million. EXHIBITS Charge of 2000 Citizens Advisory Committee Election Schedule Respectfully submitted: Kathy DuBose Assistant City Manager Charge Citizens Advisory Committee Five-Year Capital Improvement Program The City Council charges the special Citizens Advisory Committee with the goal of obtaining citizen input, studying capital improvement needs for the next five years, and making a recommendation for projects to be funded in a January 2000 bond election. The Committee's review should encompass street construction and transportation improvements, building construction and renovation, parks acquisition and improvements, public safety facilities, and any other needs identified by the Committee. City Staff has estimated a five-year improvement program of $22.6 million using the traditional method of issuing ad valorem tax supported bonds. Because of this limited funding capacity, City Council charges the Committee to review the need for additional funding if recommended CIP needs exceed this $22.6 million limit. Priority should be given to those projects that enhance the quality of life of current citizens. The City Council also charges the Committee with the responsibility of public information, education, and promotion of the adopted five-year capital improvement proposition for the January 2000 Election. Capital Improvement Bond Election Schedule August3,2004 Council Appoints Committee August 2004 - October 2004 Committee Develops Recommendations October2004 Committee Presents Recommendations November2,2004 Council Calls Bond Election for February 5, 2005 (Election must be called no later than the November 16, 2004 Council Meeting) January l9,2005 Early Voting Begins February 1,2005 Early voting Ends February 5, 2005 Election Day AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: August 3, 2004 City Manager's Office Mike Conduff, City Manager SUBJECT Consider nominations/appointments to the City's Boards and Commissions. BACKGROUND Mayor Brock has an appointment to the Denton Housing Authority. If you require any further information, please let me know. Respectfully submitted: Jane Richardson Asst. City Secretary