HomeMy WebLinkAboutAugust 17, 2004 Agenda AGENDA
CITY OF DENTON CITY COUNCIL
August 17, 2004
After determining that a quorum is presem, the City Council of the City of DeNon, Texas will
convene in a Work Session on Tuesday, August 17, 2004 at 5:30 p.m. in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
1. Receive a report and hold a discussion regarding the job descriptions and 2004
performance goals for the City Manager, City Attorney, and Municipal Judge.
Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of August 17, 2004.
NOTE: The City Council reserves the right to adjourn back imo a Work Session following the
completion of the regular meeting, if necessary.
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 DeNon City Council on Tuesday, August 17, 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
mo
Proclamations/Awards
August Yard-of-the-Momh Awards
Recognition of staff accomplishments
3. CITIZENS REPORTS
mo
Receive citizen reports from the following:
1. Carolyn Phillips regarding the elderly Black and unfriendly liens.
2. Alan Johnson regarding the Planning and Zoning Commission and the gas
well ordinance.
3. Dessie Goodson regarding responsibility.
4. Phillip Young regarding police protection.
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.
City of DeNon City Council Agenda
August 17, 2004
Page 2
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-J). This listing is provided on the Consem Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consem Agenda.
if no items are pulled, Consem Agenda items A-J 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 authorizing the City Manager to execute a
Sewer Main Cost Participation Agreement between the City of Denton, Texas and
Windsor Farms Partners, L.P. for the city's participation in the oversizing of
sewer mains; and in accordance with the terms and conditions of this ordinance;
authorizing the expenditure of funds therefor; and providing an effective date.
Bo
Consider adoption of an ordinance of the City of DeNon, Texas, authorizing the
City Manager to execute an agreemem between the City and the Owsley
Community School to provide for improvemems to the facility at 2535 Charlotte
Street, Denton, Texas; authorizing the expenditure of funds therefor, not to exceed
$35,000 and providing for an effective date.
Co
Consider adoption of an ordinance of the City Council of the City of DeNon,
Texas, approving an agreemem between the City of DeNon and the Cumberland
Presbyterian Children's Home; providing for the use of funds for developmem for
transitional housing; authorizing the City Manager to execute the agreement and
to expend funds with respect to the agreement; and providing for an effective
date.
Do
Consider approval of the job descriptions for the City Manager, City Attorney,
and Municipal Judge.
mo
Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal
Cooperation Agreement between the City of Denton and the Texas Department of
Public Safety ("TDPS") to implemem the provisions of Chapter 706 of the Texas
Transportation Code for the Denial of Driver's License Renewal upon failure to
appear or failure to pay a judgment in Municipal Court; authorizing the payment
of fees pursuant to the provisions of said agreement; and providing for an
effective date.
Fo
Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal
Agreemem between the City of DeNon and Texas Woman's University to
provide for off-campus motor carrier passenger service for TWU students, staff
and faculty; and providing for an effective date.
Go
Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal
Agreemem between the City of DeNon and University of North Texas to provide
for off-campus motor carrier passenger service for UNT students, staff and
faculty; and providing for an effective date.
City of DeNon City Council Agenda
August 17, 2004
Page 3
Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for the purchase of Polymer Concrete Pull Boxes for Denton
Municipal Electric; providing for the expenditure of funds therefor; and providing
an effective date (Bid 3190 - Concrete Polymer Pull Boxes awarded to Techline,
Inc. in the estimated amoum of $72,590).
Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Video Cameras and Comrollers for the City of DeNon Traffic Comrol
Department; available from only one source in accordance with the provisions of
State Law exempting such purchases from requirements of competitive bids; and
providing an effective date (File 3197 - Purchase of Video Cameras/Comrollers
for Traffic Signals to Paradigm Traffic Systems, Inc. in the amount of
$61,640.10).
Consider a request for an exception to the Noise Ordinance for the purpose of a
music festival, The No Name Fest, conducted by Creatures for Awareness, in the
parking lot located behind Lucky Lou's at 1207 W. Hickory, on Saturday, August
28, 2004, from 2:00 p.m. to 9:00 p.m. The exception is specifically requested for
an increase in the maximum allowable decibels for an outdoor music festival.
5. PUBLIC HEARING
Hold a public hearing and consider adoption of an ordinance amending
Subchapter 35.7 (Special Purpose and Overlay Districts) of the DeNon
Developmem Code. The Planning and Zoning Commission recommends
approval (6-0). (SI04-0018, Historic District AmendmenO
6. ITEMS FOR INDIVIDUAL CONSIDERATION
Review, discuss, and consider approval of the Charge to the Special Citizens
Advisory Committee to study capital improvemem needs.
Consider appointmems to a special Citizens Advisory Committee to study capital
improvemem needs for projects to be included in a February 2005 bond election.
C. 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.
City of Demon City Council Agenda
August 17, 2004
Page 4
Go
Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Demon, Texas, on the day of ,2004 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
August 17, 2004
Human Resources
Kathy DuBose
SUBJECT
Receive a report and hold a discussion regarding the job descriptions and 2004 performance
goals for the City Manager, City Attorney, and Municipal Judge.
BACKGROUND
At the April 12, 2004 City Council meeting a resolution was approved establishing a standing
committee of the City Council for Council appointee performance measures. The Committee's
focus is to (1) recommend to the City Council yearly performance goals for the City Manager,
City Attorney, and Municipal Judge, (2) periodically review the goals and make recommended
changes as needed to the City Council, and (3) review the job descriptions for the City Manager,
City Attorney, and Municipal Judge and make recommended changes as needed.
The Committee met in July to review the job descriptions and 2004 performance goals for the
City Manager, City Attorney, and Municipal Judge. Minor changes have been recommended for
each job description. No changes have been recommended for the 2004 performance goals.
PRIOR ACTION/REVIEW
Council was provided a copy of the revised job descriptions in the August 13, 2004 Reading File
for review. Council approved the 2004 performance goals at the April 6, 2004, City Council
meeting.
FISCAL INFORMATION
This item has no fiscal impact.
EXHIBITS
City Manager Job Description (draft)
City Attorney Job Description (draft)
Municipal Judge Job Description (draft)
2004 Performance Goals
Respectfully submitted:
Carla J. Romine
Director of Human Resources
Title:
Department/Division:
Reports to:
City of Denton
Job Description
City Manager
General Government / City Manager's Office
City Council
Effective Date: 01/06/2001
8/2/2004! 2!! 8
Revision Date: 12000
Position ID: JN0010
Council
Market Band: Appointed
FLSA Designation: Exempt
Definition: Responsible for managing the operations of the City under the direction of City Council.
Essential Job Functions:
Enforces and administers the provisions of the City Charter, City ordinances, laws governing
municipalities, and City Council
Plans, coordinates, and directs the work of City departments, including City-owned utilities,
through delegation of authority and responsibility to Assistant City Managers and department
directors
· Attends regularly scheduled and special called meetings and participates actively in discussion of
matters coming before the City Council and recommends legislation and policies required in the
public interest
· Negotiates and recommends awards of contracts for materials, equipment, and services
· Meets with directors and department heads to produce departmental budget estimates, proposes
an annual budget for the City with balanced revenues and expenditures
· Represents the City in a variety of meetings and public functions
· Appoints Assistant City Managers and oversees hiring of department heads, subordinate officers,
employees and is the final reviewing authority on the termination of classified employees
· Meets with various subordinates individually and as a group to resolve organizational problems
and coordinate departmental work programs
· Coordinates preparation of all background material in connection with Council meetings; attends
and represents staff at all sessions
· Reviews proposed budgets with the executive staff; makes recommendations and presentations
of budget items to Council and conducts budget work sessions
· Meets personally with or receives phone calls from citizens who desire information or have a
complaint; investigates and ensures adequate responses; reviews mail and proposes appropriate
responses
· Heads the Executive Committee, which addresses problem-solving issues related to the
municipality; facilitates problem resolutions; initiates and approves policies
· Ensures that Assistant City Managers motivate their subordinate departments and divisions to the
highest level of performance, conducts annual reviews for Assistant City Managers and
subordinate supervisors' and managers' appraisals
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Makes major changes in the structure, methods, procedures and workflows of City departments to
reflect changes in mission, operational demands and relationships among departmental units
Performs a full scope of supervisory responsibilities including recruitmenL selection, hiring,
training, counseling, and evaluation of employees
Responsible for coordinating the short-range, long-range, and strategic planning of all City
departments; coordinates the activities of City government with other government agencies and
performs other related duties as required
Additional Duties:
· Performs other duties as assigned
Physical Requirements:
Overall Strength Demands: The following describes the overall strength demand of the functions
performed by the incumbent during a typical workday.
Sedentary [--I Light [--I Medium [--I Heavy [--I Very Heavy
Physical Demand Codes: The following describes if the incumbent is expected to exert the following
physical demands during a typical workday and the overall frequency.
Codes for "how often":
Y = Yes N = No
E = extensive M = moderate
(100-70%) (60-30%)
I = infrequent
(20-10%)
A = almost never
(<10%)
Task Code Task Code Task Code Task Code
1. Standing I 6. Pushing/Pulling A 11. Crawling A 16. Vision Y
2. Sitting E 7. Overhead Work A 12. Bending A 17. Hearing Y
3. Walking A 8. Fine Dexterity A 13. Twisting A 18. Talking Y
4. Lifting A 9. Kneeling A 14. Climbing A 19. Video Display Y
5. Carrying A 10. Crouching A 15. Balancing N 20. Other
Machines, Tools, Equipment and Work Aids:
The essential functions of this position require the daily use of a computer and telephone.
Environmental Factors:
The essential functions of this position are performed in an office environment.
Minimum Qualifications/Acceptable Equivalency:
· Master's degree in Public Administration, Business Administration or related field
· Five years of experience as a City Manager, Assistant City Manager or Deputy City Manager
O
· Any combination of training and experience that provides the knowledge, skills and abilities
required
Conditions of Employment:
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Must have a valid Class "C" Driver's License prior to employment (must obtain Texas Class "C"
driver's license within 30 days of hire per state law)
Must pass a drug test, driver's license check, criminal history background check, and social
security number verification check
Preferences:
· Bilingual in Spanish and English.
· Ability to communicate effectively both verbally and in writing
This job description is not an employment agreement, contract agreement or contract.
Management has exclusive right to alter this job description at any time without notice.
S:\HR Shared\City of Denton Job Descriptions\J-Executive Job Family\City Manager (JN0010).doc
Title:
Department/Division:
Reports to:
City of Denton
Job Description
City Attorney
Legal / Administration
City Council
Effective Date: 9/7/1999
8/2/20045!30!
Revision Date: 2000
Position ID: JM0010
Council
Market Band: Appointed
FLSA Designation: Exempt
Definition: Responsible for serving as the chief legal consultant and advisor to the City Council, City
Manager and key executives.
Essential Job Functions:
· Serves as legal consultant and advisor to the City Council, City Manager, staff, Tax Abatement
Cemmit-tee Economic Development Partnership Board, and various other City of Denton boards
· Manages the operation of the City Attorney's office
· Administers and coordinates the activities of the City's Legal Department; manages outside legal
services
Performs a full scope of superviso~onsibilities includin recruitment selection hirin
training, counseling, and evaluation of Cmnln~t¢¢~r-'"~l' ,,~t~,o ot,~
Prepares weekly status reports, quarterly and annual departmental reports, and long-range
business plan for department, and prepares and submits annual budget requests for Legal
Department
Conducts legal research; submits oral and written opinions, including opinions on adequacy of
executive sessions; drafts ordinances, resolutions and proclamations; negotiates, drafts and/or
reviews contracts and other legal documents involving the City of Denton
Attends City Council meetings and executive staff meetings; prepares agenda for and holds
periodic internal staff meetings
Stays informed of legislative and legal issues; reports on significant changes in the law to the City
Council and City staff, and represents the City at state and national conferences
Handles most complex construction matters, economic development, cable television,
development contracts, many land use issues, water and wastewater utility legal matters, and
serves as member of executive staff
Monitors and ad,proves all expenditures for the department
· Ability to get along with customers and co-workers
· Regular and punctual attendance
Additional Duties:
· Performs other duties as assigned
Physical Requirements:
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Overall Strength Demands: The following describes the overall strength demand of the functions
performed by the incumbent during a typical workday.
[~ Sedentary [--I Light [--I Medium [--I Heavy [--I Very Heavy
Physical Demand Codes: The following describes if the incumbent is expected to exert the following
physical demands during a typical workday and the overall frequency.
Codes for "how often":
Y = Yes N = No
E = extensive M = moderate
(100-70%) (60-30%)
I = infrequent
(20-10%)
A = almost never
(<10%)
Task Code Task Code Task Code Task Code
1. Standing A 6. Pushing/Pulling A 11. Crawling A 16. Vision Y
2. Sitting E 7. Overhead Work A 12. Bending A 17. Hearing Y
3. Walking A 8. Fine Dexterity M 13. Twisting M 18. Talking Y
4. Lifting A 9. Kneeling A 14. Climbing A 19. Video Display N
5. Carrying I 10. Crouching A 15. Balancing N 20. Other
Machines, Tools, Equipment and Work Aids:
The essential functions of this position require the daily use of a computer and telephone.
Environmental Factors:
The essential functions of this position are performed in an office environment.
Minimum Qualifications/Acceptable Equivalency:
· Graduation from an accredited law school
· Seven years experience in the practice of law with at least five years in a municipal government
,, Licensed to practice law in the State of Texas
6onditions of E~ploy~ent:
· Must have a valid Class "C" Driver's License prior to employment (must obtain Texas Class "C"
driver's license within 30 days of hire per state law)
Must pass a drug test, driver's license check, criminal history background check, and social
securit~ number verification ~h~b~A,
ha~bnrn, ,n4
Preferences:
· Five years of experience as a full-time in-house First Assistant City Attorney or Assistant City
Attorney with experience supervising other attorneys
· Licensed to practice law in Federal Court
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· Bilingual in Spanish and English
· Ability to communicate effectively both verbally and in writing
This job description is not an employment agreement, contract agreement or contract.
Management has exclusive right to alter this job description at any time without notice.
S:\HR Shared\City of Denton Job Descriptions\J-Executive Job Family\City Attorney (JM0010).doc
Title:
Department/Division:
Reports to:
City of Denton
Job Description
Municipal Court Judge
Municipal Court Judge
City Council
Effective Date: 01101192
Revision Date: 8~2~2004
Job Code: JL0010
27Council
Market Band: ~nted
FLSA Designation: Executive
Definition: Presides over the Municipal Court.
Essential Job Functions:
· Presides over trials and renders judgments for misdemeanor violations, violations of city
ordinances, traffic violations, and any other cases within the jurisdiction of the Municipal Court
· Authorizes issuance of search, arrest, inspection, and mental warrants
· Arraigns prisoners, sets bonds, reviews fines, and issues magistrates warnings
· Oversees scheduling of all cases and activities of the Court
· Evaluates cases with defendants and their attorneys
· Maintains court records as required by Texas State Law
· Provides information to attorneys and citizens regarding warrants, appeals, and hearing dates and
locations
· Develops new programs for court processing
· Communicates and develops goals for the upcoming year
· Counsels with youth and parents
· Administers programs in conjunction with the City Attorney, Police, and Court Clerks
· Establishes and administers the organization, policies, and priorities for the department
· Develops and recommends to the City Manager and City Council the annual and long-range plans
for the Municipal Court
· Prepares and submits the annual budget request for the department to the City Manager and City
Council
Attends City Council meetinqs and executive staff meetings;prepares agenda for and holds
periodic internal staff meetings
· Monitors and ~_pproves all expenditures for the department
· Performs a full scope of supervisory responsibilities including recruitment, selection, hiring,
training~ counseling, and evaluation of employees
· Performs other related duties as directed by City Council or in accordance with State law
· Ability to get along with customers and co-workers
· Regular and punctual attendance
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Additional Duties:
· Performs other duties as assigned
Physical Requirements:
Overall Strength Demands: The following describes the overall strength demand of the functions
performed by the incumbent during a typical workday.
Sedentary [--I Light [--I Medium [--I Heavy [--I Very Heavy
Physical Demand Codes: The following describes if the incumbent is expected to exert the following
physical demands during a typical workday and the overall frequency.
Codes for "how often":
Y = Yes N = No
E = extensive M = moderate
(100-70%) (60-30%)
I = infrequent
(20-10%)
A = almost never
(<10%)
Task Code Task Code Task Code Task Code
1. Standing _A 6. Pushing/Pulling _A 11. Crawling _A 16. Vision _Y
2. Sitting ~ 7. Overhead Work ~ 12. Bending ~ 17. Hearing ~
3. Walking _A 8. Fine Dexterity _MM 13. Twisting iMM 18. Talking _Y
4. Lifting ~ 9. Kneeling ~ 14. Climbing ~ 19. Video Display iN
5. Carrying I 10. Crouching _A 15. Balancing iN 20. Other
Machines, Tools, Equipment and Work Aids:
The essential functions of this position require the daily use of a computer and telephone.
Environmental Factors:
The essential functions of this position are performed in an office environment.
Minimum Qualifications/Acceptable Equivalency:
· Graduation from an accredited law ~,-h,-,,-,I ~,,,~o n,-,,-~,-,, / ~n n ..... ~
· Two years experience in the practice of law in the ~State of Texas
· Certification, membership in the State Bar of Texas
· Licensed_ to practice law in the ~State of Texas
· Availability to be called on to issue warrants at unusual hours
·
Conditions of Employment:
R:\Aggnd~ugust 1Z, ~004~B~ckup\Job Descriptions-Work Session\4- BU Municip~! Judg~ (draft).doc~: ........ crc~,~i,y c. ~c.q,c.q Job Dcscriptions\J-
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Page 3 of 3
Must pass a drug test, driver's license check, criminal history background check, and social
security number verification check
Valid Texas Class "C" Driver's License prior to employment (must obtain Texas Class "C" driver's
license within 30 da¥~ of hire per state law)
I~/1~ ~ef ~nrl r-rlmln~l hlefnr~ r-h~r-L-
Preferences:
, Bilingual in Banish and English.
· Ability to communicate effectively both verbally and in writing
This job description is not an employment agreement, contract agreement, or contract.
Management has exclusive right to alter this job description at any time without notice.
R:\Aggnd~ugust 1Z, ~004~B~ckup\Job Descriptions-Work Session\4- BU Municip~! Judg~ (draft).doc~: ........ crc~,~i,y c, ~c,q,c,q Job Dcscripticns\J-
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AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
August 17, 2004
Utility Administration
Howard Martin, 349-8232
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute a Sewer
Main Cost Participation Agreement between the City of Denton, Texas and Windsor
Farms Partners, L.P. for the city's participation in the oversizing of sewer mains; and in
accordance with the terms and conditions of this ordinance; authorizing the expenditure
of funds therefor; and providing an effective date.
BACKGROUND
Windsor Farms Partners, LP is developing the Windsor Farms sub-division at the
intersection of Windsor Drive and IH-35E (see Exhibit 1). An existing 1 O-inch sewer line
will be relocated to accommodate the sub-division construction and also allow better
access to the sewer line for maintenance. The existing sewer line was constructed in
January 1973. To allow for future growth the relocated 1 O-inch sewer line will be
oversized to 15-inch.
The total length of the sewer line to be relocated is 1536 feet. Five new manholes will be
constructed. The developer has submitted the bid cost difference for construction of the
1 O-inch and 15-inch sewer line construction (see Exhibit 2). Staff has reviewed the cost
and finds it acceptable.
OPTIONS
1. Approve the oversize cost participation to allow for future growth.
2. Reject the oversize cost participation and construct a parallel sewer line in the future
to accommodate growth.
RECOMMENDATIONS
Staff recommends approval of the oversize cost participation.
ESTIMATED SCHEDULE OF PROJECT
Project is estimated to be complete by September 2004.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMM.)
This item was presented to the Public Utilities Board at their July 12, 2004 meeting.
item was approved by a vote of 6-0, with 1 abstention.
The
FISCAL INFORMATION
Oversize cost participation will be paid from the bond funds earmarked for oversize
participation (see Exhibit 3).
EXHIBITS
1. Map
2. Cost Estimate
3. FY 2004 CIP Detail Sheet
4. Ordinance
5. Agreement
6. PUB Minutes
Prepared by:
P.S. Arora, P.E.
Assistant Director of Wastewater Utilities
Respectfully submitted:
Jim Coulter
Director of Water Utilities
PROOSED15
iiiiiiiiiiiiiOViERiSIZEiDiiiiiiiiiiiii
iiiiiiG~Vil~YiiiiMAiliNiiiiii
iiiiiiiiiiiii~OiiiBiEiiiABiANiiDiONiEDiii
.3UL-EI2-O,~ 10 ;50 ¢'~PI TE~ISUE F/~LL ~NI) PERK~4S ~03838:026 P. ~.~
July 2, 2004
Via Ma~/ and Facsimile No. (940) 349-7334
Mr. RS. Arora, PE
City of Denton- Engineering
90,1~A Texas Street
Denton, Texas 76209
TNP Nm
Oaar Mr. Arora:
Per our meeting Monday, ~uae 28~h, ¢ have prepared the fallowing cost ~nfo~mation for
your condderat~on. The cosis for wastewater construction shown below are based on
the adud pd~s submitted by ~he u~Hfty con,raZor for ~he dev¢opment,
, Sgn¢'f¢~ Sewer M~in (SDR 3~ PVC) $10.00/LF 1,538 LF
Cost d~fference be~¢en 15" 8nd 10"
, S~n~e~ SawerManho/e~ $900.00/EA 5 EA
Cost dI~ere~ce between 5' and 4'
diameter where, depth i8 ~es8 than 124L
, Se~ce Connecfion~ $90.00/EA 24 EA
Cost difference for 15"x4" ~,e
con ~actJon
T~ta~ Cost D~ffara~e
Please ~et me know ff you need any addit[onai informgtion or have 9ny questions.
Sincere!y,
TEAaUB ~ALL A~B PERK~$,
$t5,380,00
$4,500.00
$2,180.00
$2~0~0.00
EXHIBIT 2
235West Hickory Street, Suits t00 ¢ Denton.?e×a,¢78201 ¢ 9,40 3B3.4~77 phone ~ 94D.3898O28
www tnp-on~ine,crm
City of
2004-2008 Capital Improvements ?roject
Project Tit[e:
Description:
Oversize Wastewater Lirms
Money allocated to pay the difference in construction cost of increasing wastewater line from
the minimum required design size indicated in the subdivision reguIation to a larger diameter
line size needed in the future for increasing growth in an ur3devel°ped area.
Business UM¢: 640200 Wastewater- Collection
~roject Type: Growth
.Project Scope: Evew-Year Project
Ca~e~o~ Code: 029 OVERSIZE LINES
Bo~ds
,~lS'~ '~ ~ ~ ~" ~ ~",- ...... ~, ~;~24~
~?05.. iJ 40100 ICONSTRUCT~ON ~ 1360 Sub Contract " $200,000.00
2006 i 40100 ]CONSTRUCTION -- j 1360 jSub Contract ( - $200.000.00
2007 40100 CONSTRUCTION-- 1360 ~ Contra~?t _ $200,000.00
:006 ! 40100 jCONSYRUCTIO,
1360 ISub Contnact
$200,000.00
$200,000.00
Bonds Total: $1,000,000.00
Project Total:[ $1,000,000:60 j
Purpose: Subdivision regui!ations dictate the minimum required wastewater line size for new development
based on projected usage of a newly platted area. During DRC, city will review and agrees to pay additionai
costs to increase minimum wastewater line size to meet future growth.
EXHIBIT 3
t3'ednesday, September 24, 2003 77 t'age ] 7 of 58
ORDINANCE NO. 2004-
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND
WINDSOR FARMS PARTNERS, L.P. FOR THE CITY'S PARTICIPATION IN THE
OVERSIZING OF SEWER MAINS; AND IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to participate in the cost of oversizing sewer mains to be
designed, installed, and constructed by Windsor Farms Partners, L.P., in an amount not to exceed
Twenty Two Thousand Ten and No/100 Dollars ($22,010), in accordance with the provisions of
Section 35.21.9 of the Denton Development Code, as amended, and Texas Local Government
Code §212.072; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager is authorized to execute a Sewer Main Cost
Participation Agreement Between the City of Denton, Texas and Windsor Farms Partners, L.P.,
for the oversizing of approximately 1,536 linear feet of on-site ten-inch (10") to fifteen-inch
(15") sewer mains; substamially in the form of the attached Agreemem, which is incorporated
herewith and made a part of this ordinance for all purposes; subject to Windsor Farms Partners,
L.P., entering into a Development Contract with the City of Denton, in accordance with Section
35.16.20.2 of the DeNon Developmem Code, as amended, of the City of Demon, Texas.
SECTION 2. That the City Manager is hereby authorized to make the expenditures as
set forth in the attached Agreement.
SECTION 3. 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
EXHIBIT 4
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
S:\Our Documents\Ordinances\0 l\Sewer Main Cost Partic Ord-Windsor Farms-2004.doc
THE STATE OF TEXAS §
COUNTY OF DENTON §
SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN
THE CITY OF DENTON AND WINDSOR FARM PROPERTIES PARTNERS~ L.P
WHEREAS, WINDSOR FARMS PARTNERS, L.P., hereinafter referred to as
"Developer", whose business address is 3625 Serendipity Hills Trail, Corinth, Texas 76210
wishes to develop and improve certain real property named "Windsor Farms Subdivision" (as
shown in Exhibit I, attached hereto and incorporated herein by reference), located in the City
of Denton, Texas or its extraterritorial jurisdiction, and is required to provide such real
property with adequate collection capacity by designing, constructing and installing a sanitary
sewer main of an inside diameter of ten-inches (10"), hereinafter referred to as the "Required
Facilities"; and
WHEREAS, the City of Denton, Texas, a Municipal Corporation with its offices
located at 215 East McKinney, Denton, Texas 76201, hereafter referred to as the "City," in
accordance with Section 35.21.9 of the Denton Development Code, as amended, and its
ordinances, wishes to participate in the cost of the construction and installation of said
sanitary sewer main to expand its utility system and insure adequate utility service to other
customers;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein the Developer and the City AGREE as follows:
1. Developer shall design, install, and constmct approximately 1,536 linear feet of
fifteen-inches of off-site sewer main of which five-inches of said sewer main shall be eligible
for cost participation. The 1,536 linear feet of sewer main, together with five new manholes,
and all necessary appurtenances thereto, hereafter referred to as the "Oversized Facilities" are
as shown on Exhibit I, attached hereto and incorporated herein by reference.
2. As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas,
Developer will enter into a Development Contract prior to beginning of construction of the
Oversized Facilities. This Agreement is subject to and governed by said Development
Contract and any other applicable ordinances of the City of Denton, Texas.
3. Prior to beginning of construction of the Oversized Facilities, Developer shall
obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements.
The easements, deeds, and plats therefor obtained by Developer shall be reviewed and
approved as to form and substance by City prior to the beginning of construction. If
Developer is unable to acquire needed easements, Developer shall provide City with any
requested documentation of efforts to obtain such easements, including evidence of
negotiations and reasonable offers made to the affected property owners. Any easements for
the Oversized Facilities obtained by the Developer shall be assigned to City, if not taken in
City's name, prior to acceptance of the Oversized Facilities, and Developer warrants clear tire
to such easements and will defend City against any adverse claim made against such rifle.
EXHIBIT 5
4. City's share in the cost of the Oversized Facilities is based upon the difference in
the cost of installing Required Facilities, as determined by City, and the cost of the Oversized
Facilities, as determined by City, shall be in an amount not to exceed Twenty Two Thousand
Ten and No/100 Dollars ($22,010). City may elect one of the following methods to
determine City's share of the cost:
a)
Developer shall prepare plans and specifications and fumish them to City. City shall
competitively bid the required line and the Oversized Facilities in accordance with
Chapter 252 of the Texas Local Government Code. The difference in the bids shall be
used to determine the City's share, subject to City's maximum participation in cost as
specified in this Agreement; or
b)
Developer shall prepare plans and specifications and take bids on the required line and
the Oversized Facilities. City shall pay Developer the least amount of the following:
(1) The difference in the bids for the required line and the Oversized Facilities; or
(2)
Participation by the City at a level not to exceed One Hundred percent
(100%) of the total cost for any oversizing of improvements required by the
City, including, but not limited to increased capacity of improvements to
anticipate other future development in the area, all as provided for in
§212.072(b) of the Texas Local Government Code, as amended: or
(3) $22,010, the maximum participation cost allowed herein.
The City shall not, in any case, be liable for any additional cost because of delays in
beginning, continuing, or completing construction; changes in the price or cost of materials,
supplies, or labor; unforeseen or unanticipated cost because of topography, soil, subsurface,
or other site conditions; differences in the calculated and actual per linear feet of pipe or
materials needed for the Oversized Facilities; Developer's decision as to the contractors or
subcontractors used to perform the work; or any other reason or cause, specified or
unspecified, relating to the construction of the Oversized Facilities.
5. The City will make monthly payments for its share of the Oversized Facilities.
The Developer shall submit monthly pay requests on forms provided by the City. The
Developer's engineer shall verify that each pay request is correct. Each pay request, along
with the engineer's verification, shall be submitted to the Engineering & Transportation
Department of the City. The City will retain 10% of the total dollar amount until the project
is accepted. Payment by the City to the Developer will be made within thirty (30) days of
receipt of the pay estimate and the engineer's verification.
6. To determine the actual cost of the Oversized Facilities, City shall have the right
to inspect any and all records of Developer, his agents, employees, contractors or
subcontractors, and shall have the right to require Developer to submit any necessary
information, documents, invoices, receipts or other records to verify the actual cost of the
Oversized Facilities.
7. All notices, payments or communications to be given or made pursuant to this
Agreement by the parties hereto shall be sent to Developer at the business address given
above and to the Assistant City Manager for Utilities for City at the address given above.
8. Developer shall indemnify and hold City harmless from any and all claims,
damages, loss or liability of any kind whatsoever, by reason of injury to property or person
occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents,
employees, invitees, contractors or other persons with regard to the performance of this
Agreement; and Developer shall, at its own cost and expense, defend and protect City against
any and all such claims and demands.
9. If Developer does not begin substantial construction of the Oversized Facilities
within twelve (12) months of the effective date of execution of this Agreement, this
Agreement shall terminate.
10. This instrument embodies the entire agreement of the parties hereto and there
are no promises, terms, conditions or obligations other than those contained or incorporated
herein. This Agreement shall supersede all previous communications, representations or
agreements, whether verbal or written, between the parties hereto with respect to the subject
matter of this Agreement.
11. This Agreement shall not be assigned by Developer without the express written
consent of the City.
12. Any and all suits for any breach of this Agreement, or any other suit pertaining
to or arising out of this Agreement, shall be brought in a court of competent jurisdiction in
Denton County, Texas. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas.
EXECUTED in duplicate original counterparts by the duly authorized officials and
officers of the City of Denton, Texas and the Developer, on this the __ day of
., 2004.
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
Michael A. Conduff, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By: ~
"DEVELOPER"
WINDSOR FARMS P~IES, L.P.
BY:~(~,.~?
ATTEST:
By:
APPROVED AS TO LEGAL FORM:
S:\Our Documents\Contracts\04\Sewer Main Cost Particip Agrmt-Windsor Farms-2004.doc
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CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES
July 12, 2004
DRAFT
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Public Utilities Board convened into an Open Meeting on Monday, July 12, 2004, at
9:00 a.m. in the Service Cemer Training Room, City of Demon Service Cemer, 901-A Texas
Street, Denton, Texas.
PRESENT:
John Baines, Bill Cheek, Yolanda Guzman, George Hopkins, Charldean
Newell, Dick Smith and Don White
EX OFFICIO MEMBERS
Howard Martin, ACM/Utilities
EXCUSED:
The Public Utilities Board convened into Open Session at 9:00 a.m.
ITEMS FOR INDIVIDUAL CONSIDERATION:
9)
Consider approval of the oversize cost participation for a 15-inch sewer line in the
Windsor Farms Subdivison for the oversize cost not to exceed $22,010.
Cheek announced that he would have to abstain from the vote and discussion of this item.
Arora also presented this item.
Smith moved to approve Item #9, with a second from Hopkins. The motion passed by a
vote of 6-0 with 1 abstention (Cheek) for cause.
EXHIBIT 6
Page 1 of 1
AGENDA DATE:
DEPARTMENT:
CM:
AGENDA INFORMATION SHEET
August 17, 2004
Economic Development
Mike Conduff ~/~
SUBJECT
Consider adoption of an ordinance of the City of Demon, Texas, authorizing the City Manager to
execute an agreement between the City and the Owsley Community School to provide for
improvements to the facility at 2535 Charlotte Street, Denton, Texas; authorizing the expenditure
of funds therefore, not to exceed $35,000 and providing for an effective date.
BACKGROUND
The Owsley Community School submitted an application for $25,000 in 2004 gram funds to
purchase a used portable classroom building. Their request included set up of the building on the
Charlotte Street site and installation of plumbing, electricity and air conditioning. City Council
approved this project in the 2004 Action Plan.
The City's 2003 Action Plan included $10,000 for repairs to the Owsley Community School
facility. It has been determined that the existing building is not adequate to meet the needs of
the residents in the Owsley neighborhood. The Owsley Board of Directors and staff have
requested that they be allowed to use the 2003-year funding to assist in moving and setting up
the new building for their after school and adult education programs. The use of the funds in this
manner is consistent with the activities outlined in the 2003 Action Plan.
ESTIMATED PROJECT SCHEDULE
The new facility should be moved and all necessary installations and repairs completed by mid-
October. The facility would be available to serve neighborhood residents immediately upon
completion of all construction work.
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
The Community Development Advisory Committee recommended approval of the funding for
the Owsley Community School facility as a part of the City's 2004 Action Plan for Housing and
Community Development. This funding agreement also includes use of funds allocated in 2003.
City Council approved the Action Plan on May 4, 2004.
FISCAL INFORMATION
Funding for the proposed project will be from both the City's 2003 and 2004 Community
Development Block Grant (CDBG) allocation. The ordinance cancels the 2003 funding
agreement.
EXmBITS
1. Ordinance
2. Funding Agreement
Respectfully submitted:
Linda Ratliff
Director of Economic Development
Prepared by:
Barbara Ross
Community Development Administrator
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE OWSLEY
COMMUNITY SCHOOL TO PROVIDE FOR IMPROVEMENTS TO THE FACILITY AT
2535 CHARLOTTE STREET, DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE, NOT TO EXCEED $35,000; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council has approved the 2004 Action Plan for Housing and
Community Development which includes $25,000 for improvemems to the Owsley Community
School facility; and
WHEREAS, the City Council also approved the 2003 Action Plan for Housing and
Community Development which included $10,000 for improvemems to the Owsley Community
School facility; and
WHEREAS, the City Council wishes to cancel the funding agreemem executed with the
Owsley Community School on December 17, 2003; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1.
agreement between
improvements to the
That the City Manager is hereby authorized to execute the attached
the City of DeNon and the Owsley Community School to provide for
after school and adult education facility noted therein,
SECTION 2. that the City Council hereby authorized the expenditure of funds in the
manner and amoum specified in the agreemem, not to exceed $35,000.
SECTION 3. 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:
S:\Our Documents\Ordinances\04\OWSLEY Contract. DOC
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
S:\Our Documents\Ordinances\04\OWSLEY Contract. DOC
2004-2005
AGREEMENT BETWEEN THE CITY OF DENTON
AND THE OWSLEY COMMUNITY SCHOOL
This Agreemem is made and emered imo by and between the City of DeNon, a Texas munici-
pal corporation, acting by and through its City Manager, pursuam to ordinance, hereinafter referred to
as CITY, and Owsley Community School, 2535 Charlotte Street, DeNon TX 76201, a Texas non-
profit corporation, hereinafter referred to as SUBRECIPIENT.
WHEREAS, CITY has received certain funds from the U.S. Departmem of Housing and Urban
Developmem under Title I of the Housing and Community Developmem Act of 1974, as amended; and
WHEREAS, CITY has adopted a budget for such funds and included therein an authorized
budget for expenditure of funds for; and
WHEREAS, CITY has designated the Community Developmem Division as the division re-
sponsible for the administration of this Agreement and all matters pertaining thereto; and
WHEREAS, CITY wishes to engage SUBRECIPIENT to carry out such project;
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the
mutual obligations and to the performance and accomplishmem of the conditions hereinafter described.
This Agreement shall commence on or as of August 15, 2004, and shall terminate on August
15, 2014, unless sooner terminated in accordance with Section 26 "Termination".
RESPONSIBILITIES
SUBRECIPIENT hereby accepts the responsibility for the performance of all services and ac-
tivities described in the Scope of Services attached hereto as Attachment A, and incorporated herein by
reference, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms
herein. CITY will consider SUBRECIPIENT's executive officer to be SUBRECIPIENT's representa-
tive responsible for the management of all contractual matters pertaining hereto, unless written notifi-
cation to the contrary is received from SUBRECIPIENT, and approved by CITY.
The CITY's Community Developmem Administrator will be CITY's represemative responsible
for the administration of this Agreement.
Beneficiaries of the activities to be provided hereunder must reside in the City of DeNon and
SUBRECIPIENT certifies that the activities carried out with Community Development Block Grant
funds shall meet the program's National Objective of benefit to low and moderate-income persons.
SUBRECIPIENT shall provide services to persons whose income is equal to or lower than 80% of the
median income of the Dallas standard metropolitan statistical area. To accomplish this, the SUBRE-
CIPIENT shall use the current applicable income limits published by the Department of Housing and
Page 1 of 25
Urban Development for lower income housing assistance under Section 8 of the United States Housing
Act of 1937. Income eligibility shall be determined by the sum of the gross income of all individuals
residing in the household. Services must be provided directly to or on behalf of specific idemified eli-
gible cliems. Eligibility documemation must be included in each cliem's file and updated annually or
services must be provided to a clientele that is within a "presumed benefit" category.
CITY'S OBLIGATION
Limit of Liability. CITY will reimburse SUBRECIPIENT for expenses incurred pursuam and
in accordance with the project budget attached hereto as Attachment B and the Scope of Ser-
vices herein attached as Attachment A and incorporated herein by reference. Notwithstanding
any other provision of the Agreement, the total of all payments and other obligations made or
incurred by CITY hereunder shall not exceed the sum of $35,000.
Measure of Liability. In consideration of full and satisfactory services and activities here-
under by SUBRECIPIENT and receipt of a requisition for payment with appropriate documen-
tation of expenditures, CITY shall make payments to SUBRECIPIENT based on the Budget at-
tached hereto and incorporated herein for all purposes as Attachment B, subject to the limita-
tions and provisions set forth in this Section and Section 7 of this Agreement. Payments may be
contingent upon certification of the SUBRECIPIENT's financial management system in accor-
dance with the standards specified in OMB Circular A-110.
(1)
The parties expressly understand and agree that CITY's obligations under this Section
are contingent upon the actual receipt of adequate Community Development Block
Gram (CDBG) funds to meet CITY's liabilities under this Agreemem. If adequate funds
are not available to make payments under this Agreement, CITY shall notify SUBRE-
CIPIENT in writing within a reasonable time after such fact has been determined. CITY
may, at its option, either reduce the amoum of its liability, as specified in Subsection A
of this Section or terminate the Agreement. If CDBG funds eligible for use for purposes
of this Agreement are reduced, CITY shall not be liable for further payments due to
SUBRECIPIENT under this Agreement.
(2)
It is expressly understood that this Agreement in no way obligates the General Fund or
any other monies or credits of the City of Demon.
(3) CITY shall not be liable for any cost or portion thereof which:
(a)
has been paid, reimbursed or is subject to paymem or reimbursemem, from any
other source;
(b)
was incurred prior to the beginning date, or after the ending date specified in
Section 1;
(c)
is not in strict accordance with the terms of this Agreement, including all at-
tachments attached hereto;
Page 2 of 25
(d)
has not been billed to CITY within 90 calendar days following billing to
SUBRECIPIENT, or termination of the Agreement, whichever date is earlier; or
(e)
is not an allowable cost as defined by Section 11 of this Agreement or the pro-
ject budget.
(4)
CITY shall not be liable for any cost or portion thereof which is incurred with respect to
any activity of SUBRECIPIENT requiring prior written authorization form CITY, or af-
ter CITY has requested that SUBRECIPIENT furnish data concerning such action prior
to proceeding further, unless and until CITY advises SUBRECIPIENT to proceed.
(5)
CITY shall not be obligated or liable under this Agreement to any party other than
SUBRECIPIENT for payment of any monies or provision of any goods or services.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A. SUBRECIPIENT understands that funds provided to it pursuant to this Agreement are
funds which have been made available to CITY by the Federal Government (U.S. Department of
Housing and Urban Development) under the Housing and Community Development Act of 1974, as
amended, in accordance with an approved Grant Application and specific assurances. Accordingly,
SUBRECIPIENT assures and certifies that it will comply with the requirements of the Housing and
Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated
thereunder, and codified at 24 CFR 570. The foregoing is in no way meant to constitute a complete
compilation of all duties imposed upon SUBRECIPIENT by law or administrative ruling, or to narrow
the standards which SUBRECIPIENT must follow.
SUBRECIPIENT further accrues and certifies that if the regulations and issuances promulgated
pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in
Section 23 of this Agreement.
SUBRECIPIENT agrees to abide by the conditions of and comply with the requirements of the
Office of Management and Budget Circulars Nos. A-122, A-87, A-133 and the regulations at 24 CFR
Part 84 as applicable.
B. SUBRECIPIENT shall comply with all applicable federal laws, laws of the State of Texas and
ordinances of the City of Denton.
Co
SUBRECIPIENT is required to comply with the applicable uniform administrative require-
ments as described in 24 CFR 570.502, 570.505 and 24 CFR 570 subpart K with the excep-
tions noted below:
(1)
SUBRECIPIENT does not assume CITY'S environmental responsibilities de-
scribed at CFR 570.604; and
(2)
SUBRECIPIENT does not assume the CITY's responsibility for initiating the re-
view process under the provisions of 24 CFR Part 52.
Page 3 of 25
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REPRESENTATIONS
SUBRECIPIENT assures and guarantees that it possesses the legal authority, pursuant to any
proper, appropriate and official motion, resolution or action passed or taken, to enter into this
Agreement.
The person or persons signing and executing this Agreement on behalf of SUBRECIPIENT, do
hereby warrant and guarantee that he, she, or they have been fully authorized by SUBRECIPI-
ENT to execute this Agreement on behalf of SUBRECIPIENT and to validly and legally bind
SUBRECIPIENT to all terms, performances and provisions herein set forth.
CITY shall have the right, at its option, to either temporarily suspend or permanently terminate
this Agreement if there is a dispute as to the legal authority of either SUBRECIPIENT or the
person signing the Agreement to enter into this Agreement. SUBRECIPIENT is liable to CITY
for any money it has received from CITY for performance of the provisions of this Agreement
if CITY has suspended or terminated this Agreement for the reasons enumerated in this Sec-
tion.
SUBRECIPIENT agrees that the funds and resources provided SUBRECIPIENT under the
terms of this Agreement will in no way be substituted for funds and resources from other
sources, nor in any way serve to reduce the resources, services, or other benefits which would
have been available to, or provided through, SUBRECIPIENT had this Agreement not been
executed.
PERFORMANCE BY SUBRECIPIENT
SUBRECIPIENT will provide, oversee, administer, and carry out all of the activities and ser-
vices set out in the Work Statement, attached hereto and incorporated herein for all purposes as At-
tachment A, utilizing the funds described in Attachment B, attached hereto and incorporated herein for
all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfac-
tory performance of the program, as determined solely by CITY and in accordance with all other
terms, provisions and requirements of this Agreement.
No modifications or alterations may be made in the Scope of Services without the prior written
approval of the City's Community Development Administrator.
PAYMENTS TO SUBRECIPIENT
The CITY shall pay to the SUBRECIPIENT a maximum amount of money totaling $35,000 for
activities carried out under this Agreement. CITY will pay these funds on a reimbursement ba-
sis to the SUBRECIPIENT within twenty days after CITY has received supporting documenta-
Page 4 of 25
tion of eligible expenditures. SUBRECIPIENT's failure to request reimbursement on a timely
basis may jeopardize present or future funding.
Funds are to be used for the sole purpose of carrying out the activities described in the Scope of
Services herein attached as Attachment A and based on the budget herein attached as Attach-
ment B.
Excess Payment. SUBRECIPIENT shall refund to CITY within ten working days of CITY's
request, any sum of money which has been paid by CITY and which CITY at any time thereaf-
ter determines:
(1) has resulted in overpayment to SUBRECIPIENT; or
(2) has not been spent strictly in accordance with the terms of this Agreement; or
(3) is not supported by adequate documentation to fully justify the expenditure.
Disallowed Costs. Upon termination of this Agreement, should any expense or change for
which payment has been made be subsequently disallowed or disapproved as a result of any
auditing or monitoring by CITY, the Department of Housing and Urban Development, or any
other Federal agency, SUBRECIPIENT will refund such amount to CITY within ten working
days of a written notice to SUBRECIPIENT, which specifies the amount disallowed. Refunds
of disallowed costs may not be made from these or any funds received from or through CITY
Reversion of Assets. SUBRECIPIENT, upon expiration of this Agreement shall transfer to
the CITY any CDBG funds on hand at the time of expiration and any accounts receivable at-
tributable to the use of CDBG funds. If CITY finds that SUBRECIPIENT is unwilling and/or
unable to comply with any of the terms of this Contract, CITY may require a refund of any and
all money expended pursuant to this Contract by SUBRECIPIENT, as well as any remaining
unexpended funds which shall be refunded to CITY within ten working days of a written notice
to SUBRECIPIENT to revert these financial assets. The revision of these financial assets shall
be in addition to any other remedy available to CITY either at law or in equity for breach of
this Contract.
Obligation of Funds. In the event that actual expenditure rates deviate from SUBRECIPI-
ENT's provision of a corresponding level of performance, as specified in Attachment A, CITY
hereby reserves the right to reappropriate or recapture any such underexpended funds.
Contract Close Out. SUBRECIPIENT shall submit the Agreement close out package to CITY,
together with a final expenditure report, for the time period covered by the last invoice request-
ing reimbursement of funds under this Agreement, within 15 working days following the close
of the Agreement period. SUBRECIPIENT shall utilize the form agreed upon by CITY and
SUBRECIPIENT.
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WARRANTIES
SUBRECIPIENT represents and warrants that:
All information, reports and data heretofore or hereafter requested by CITY and furnished to
CITY, are complete and accurate as of the date shown on the information, data, or report, and,
since that date, have not undergone any significant change without written notice to CITY.
Any supporting financial statements heretofore requested by CITY and furnished to CITY, are
complete, accurate and fairly reflect the financial condition of SUBRECIPIENT on the date
shown on said report, and the results of the operation for the period covered by the report, and
that since said date, there has been no material change, adverse or otherwise, in the financial
condition of SUBRECIPIENT.
No litigation or legal proceedings are presently pending or threatened against SUBRECIPI-
ENT.
None of the provisions herein contravene or are in conflict with the authority under which
SUBRECIPIENT is doing business or with the provisions of any existing indenture or agree-
ment of SUBRECIPIENT.
SUBRECIPIENT has the power to enter into this Agreement and accept payments hereunder,
and has taken all necessary action to authorize such acceptance under the terms and conditions
of this Agreement.
None of the assets of SUBRECIPIENT is subject to any lien or encumbrance of any character,
except for current taxes not delinquent, except as shown in the financial statements furnished
by SUBRECIPIENT to CITY.
Each of these representations and warranties shall be continuing and shall be deemed to have
been repeated by the submission of each request for payment.
mo
COVENANTS
During the period of time that payment may be made hereunder and so long as any payments
remain unliquidated, SUBRECIPIENT shall not, without the prior written consent of the Com-
munity Development Administrator or her authorized representative:
Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets
of SUBRECIPIENT now owned or hereafter acquired by it, or permit any pre-existing
mortgages, liens, or other encumbrances to remain on, or attached to, any assets of
SUBRECIPIENT which are allocated to the performance of this Agreement and with
respect to which CITY has ownership hereunder.
Page 6 of 25
Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or
claims for money due or to become due.
(3) Sell, convey, or lease all or substantial part of its assets.
(4)
Make any advance or loan to, or incur any liability for any other firm, person, entity or
corporation as guarantor, surety, or accommodation endorser.
(5)
Sell, donate, loan or transfer any equipment or item of personal property purchased with
funds paid to SUBRECIPIENT by CITY, unless CITY authorizes such transfer.
SUBRECIPIENT agrees, upon written request by CITY, to require its employees to attend
training sessions sponsored by the Community Development Division.
10.
ALLOWABLE COSTS
Costs shall be considered allowable only if incurred directly and specifically in the perform-
ance of and in compliance with this Agreement and in conformance with the standards and pro-
visions of Attachments A and B.
Approval of SUBRECIPIENT's budget, Attachment B, does not constitute prior written ap-
proval, even though certain items may appear herein. CITY's prior written authorization is re-
quired in order for the following to be considered allowable costs:
(1)
CITY shall not be obligated to any third parties, including any contractors of SUBRE-
CIPIENT, and CITY funds shall not be used to pay for any contract service extending
beyond the expiration of this Agreement.
Written requests for prior approval are SUBRECIPIENT's responsibility and shall be made
within sufficient time to permit a thorough review by CITY. SUBRECIPIENT must obtain
written approval by CITY prior to the commencement of procedures to solicit or purchase ser-
vices, equipment, or real or personal property. Any procurement or purchase which may be ap-
proved under the terms of this Agreement must be conducted in its entirety in accordance with
the provisions of this Agreement.
11.
PROGRAM INCOME
For purposes of this Agreement, program income means earnings of SUBRECIPIENT realized
from activities resulting from this Agreement or from SUBRECIPIENT's management of fund-
ing provided or received hereunder. Such earnings include, but are not limited to, income from
interest, usage or rental or lease fees, income produced from contract-supported services of in-
dividuals or employees or from the use or sale of equipment or facilities of SUBRECIPIENT
Page 7 of 25
provided as a result of this Agreement, and payments from clients or third parties for services
rendered by SUBRECIPIENT under this Agreement.
SUBRECIPIENT shall maintain records of the receipt and disposition of program income in
the same manner as required for other contract funds, and reported to CITY in the format pre-
scribed by CITY. CITY and SUBRECIPIENT agree, that any fees collected for services per-
formed by SUBRECIPIENT shall be used for payment of costs associated with service provi-
sion. Revenue remaining after payment of all program expenses for service provision shall be
considered Program Income and shall be subject to all the requirements of this Agreement and
the regulations found at CFR, Section 570.504.
SUBRECIPIENT shall include this Section in its entirety in all of its contracts which involve
other income-producing services or activities.
It is SUBRECIPIENT's responsibility to obtain from CITY a prior determination as to whether
or not income arising directly or indirectly from this Agreement, or the performance thereof,
constitutes program income. SUBRECIPIENT is responsible to CITY for the repayment of any
and all amounts determined by CITY to be program income, unless otherwise approved in writ-
ing by CITY.
12.
MAINTENANCE OF RECORDS
SUBRECIPIENT agrees to maintain records that will provide accurate, current, separate, and
complete disclosure of the status of the funds received under this Agreement, in compliance
with the provisions of Attachment B, attached hereto, and with any other applicable Federal
and State regulations establishing standards for financial management including OMB Circu-
lars A-87, A-122, A-133 and the regulations at 24 CFR Part 84 as applicable; Title 24 CFR
Section 570.502 (b); Title 24 CFR Sections 570.504 and 570.506 as they pertain to costs in-
curred, audits, program income, administration and other activities and functions. SUBRE-
CIPIENT's record system shall contain sufficient documentation to provide in detail full sup-
port and justification for each expenditure. Nothing in this Section shall be construed to relieve
SUBRECIPIENT of fiscal accountability and liability under any other provision of this Agree-
ment or any applicable law. SUBRECIPIENT shall include the substance of this provision in
all subcontracts.
SUBRECIPIENT agrees to retain all books, records, documents, reports, and written account-
ing procedures pertaining to the operation of programs and expenditures of funds under this
Agreement for five years.
Nothing in the above subsections shall be construed to relieve SUBRECIPIENT of responsibil-
ity for retaining accurate and current records which clearly reflect the level and benefit of ser-
vices provided under this Agreement.
At any reasonable time and as often as CITY may deem necessary, the SUBRECIPIENT shall
make available to CITY, HUD, or any of their authorized representatives, all of its records and
shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make ex-
Page 8 of 25
cerpts and copies of such records, and to conduct audits of all contracts, invoices, materials,
payrolls, records of personnel, conditions or employment and all other data requested by said
representatives.
13.
REPORTS AND INFORMATION
At such times and in such form as CITY may require, SUBRECIPIENT shall furnish such
statements, records, data and information as CITY may request and deem pertinent to matters covered
by this Agreement.
SUBRECIPIENT shall submit quarterly beneficiary and financial reports to CITY no less than
once each three months. The beneficiary report shall detail client information, including race, income,
female head of household and other statistics required by CITY. The financial report shall include in-
formation and data relative to all programmatic and financial reporting as of the beginning date speci-
fied in Section 1 of this Agreement. Beneficiary and financial reports shall be due to City within 15
working days after the completion of each quarter.
Unless the CITY has granted a written exemption, SUBRECIPIENT shall submit an audit con-
ducted by independent examiners in accordance with Generally Accepted Accounting Principles. If
the SUBRECIPIENT receives more than $500,000 in federal funding, the audit must be conducted in
accordance with OMB Circular A-133 as applicable within thirty days after receipt of such audit.
14.
MONITORING AND EVALUATION
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CITY shall perform on-site monitoring of SUBRECIPIENT's performances under this Agree-
ment.
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SUBRECIPIENT agrees that CITY may carry out monitoring and evaluation activities to en-
sure adherence by SUBRECIPIENT to the Scope of Services, and Program Goals and Objec-
tives, which are attached hereto as Attachment A, as well as other provisions of this Agree-
ment.
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SUBRECIPIENT agrees to cooperate fully with CITY in the development, implementation and
maintenance of record-keeping systems and to provide data determined by CITY to be neces-
sary for CITY to effectively fulfill its monitoring and evaluation responsibilities.
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SUBRECIPIENT agrees to cooperate in such a way so as not to obstruct or delay CITY in such
monitoring and to designate one of its staff to coordinate the monitoring process as requested
by CITY staff.
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After each official monitoring visit, CITY shall provide SUBRECIPIENT with a written report
of monitoring findings documenting findings and concerns that will require a written response
to the City. An acceptable response must be received by the City within 60 days from the
Page 9 of 25
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SUBRECIPIENT's receipt of the monitoring report or audit review letter. Future contract
payments can be withheld for SUBRECIPIENT's failure to submit a response within 60 days.
SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by any of
SUBRECIPIENT's funding or regulatory bodies to CITY within five working days of receipt
by SUBRECIPIENT.
15.
DIRECTORS' MEETINGS
During the terms of this Agreement, SUBRECIPIENT shall cause to be delivered to CITY cop-
ies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such
notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an
agenda and a brief description of the matters to be discussed. SUBRECIPIENT understands and agrees
that CITY representatives shall be afforded access to all of the Board of Directors' meetings.
Minutes of all meetings of SUBRECIPIENT's governing body shall be available to CITY
within ten days after Board approval.
16.
INSURANCE
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SUBRECIPIENT shall observe sound business practices with respect to providing such bond-
ing and insurance as would provide adequate coverage for services offered under this Agree-
ment.
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The premises on and in which the activities described in Attachment A are conducted, and the
employees conducting these activities, shall be covered by premise liability insurance, com-
monly referred to as "Owner/Tenant" coverage with CITY named as an additional insured.
Upon request of SUBRECIPIENT, CITY may, at its sole discretion, approve alternate insur-
ance coverage arrangements.
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SUBRECIPIENT will comply with applicable workers' compensation statues and will obtain
employers' liability coverage where available and other appropriate liability coverage for pro-
gram participants, if applicable.
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SUBRECIPIENT will maintain adequate and continuous liability insurance on all vehicles
owned, leased or operated by SUBRECIPIENT. All employees of SUBRECIPIENT who are
required to drive a vehicle in the normal scope and course of their employment must possess a
valid Texas driver's license and automobile liability insurance. Evidence of the employee's
current possession of a valid license and insurance must be maintained on a current basis in
SUBRECIPIENT's files.
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Actual losses not covered by insurance as required by this Section are not allowable costs under
this Agreement, and remain the sole responsibility of SUBRECIPIENT.
F. The policy or policies of insurance shall contain a clause which requires that CITY and
Page 10 of 25
SUBRECIPIENT be notified in writing of any cancellation of change in the policy at least 30
days prior to such change or cancellation.
17.
CIVIL RIGHTS / EQUAL OPPORTUNITY
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SUBRECIPIENT shall comply with all applicable equal employment opportunity and affirma-
tive action laws or regulations. The SUBRECIPIENT shall not discriminate against any em-
ployee or applicant for employment because of race, color, creed, religion, national origin, gen-
der, age or disability. The SUBRECIPIENT will take affirmative action to insure that all em-
ployment practices are free from such discrimination. Such employment practices include but
are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruit-
ment advertising, layoff, termination, rates of pay or other forms of compensation and selection
for training, including apprenticeship..
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The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as
amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section
109 of Title 1 of the Housing and Community Development Act of 1974 as amended, Section
504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age
Discrimination Act of 1975, Executive Order 11063 and Executive Order 11246 as amended by
Executive Orders 11375 and 12086.
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SUBRECIPIENT will furnish all information and reports requested by the CITY, and will per-
mit access to its books, records, and accounts for purposes of investigation to ascertain compli-
ance with local, state and Federal rules and regulations.
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In the event of SUBRECIPIENT's non-compliance with the non-discrimination requirements,
CITY may cancel or terminate the Agreement in whole or in part, and SUBRECIPIENT may
be barred from further contracts with CITY.
18.
PERSONNEL POLICIES
Personnel policies shall be established by SUBRECIPIENT and shall be available for examina-
tion. Such personnel policies shall:
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Be no more liberal than CITY's personnel policies, procedures, and practices, including poli-
cies with respect to employment, salary and wage rates, working hours and holidays, fringe
benefits, vacation and sick leave privileges, and travel; and
B. Be in writing and shall be approved by the governing body of SUBRECIPIENT and by CITY.
Page 11 of 25
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19.
CONFLICT OF INTEREST
SUBRECIPIENT covenants that neither it nor any member of its governing body presently has
any interest, direct or indirect, which would conflict in any manner or degree with the perform-
ance of services required to be performed under this Agreement. SUBRECIPIENT further
covenants that in the performance of this Agreement, no person having such interest shall be
employed or appointed as a member of its governing body.
SUBRECIPIENT further covenants that no member of its governing body or its staff, contrac-
tors or employees shall possess any interest in or use his position for a purpose that is or gives
the appearance of being motivated by desire for private gain for himself, or others, particularly
those with which he has family, business, or other ties.
No officer, member, or employee of CITY and no member of its governing body who exercises
any function or responsibilities in the review or approval of the undertaking or carrying out of
this Agreement shall participate in any decision relating to the Agreement which affects his or
her personal interest or the interest in any corporation, partnership, or association in which he
or she has a direct or indirect interest.
20.
NEPOTISM
SUBRECIPIENT shall not employ in any paid capacity any person who is a member of the
immediate family of any person who is currently employed by SUBRECIPIENT, or is a member of
SUBRECIPIENT's governing board. The term "member of immediate family" includes: wife, hus-
band, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent,
step-child, half-brother and half-sister.
21.
POLITICAL OR SECTARIAN ACTIVITY
A. Neither the funds advanced pursuant to this Agreement, nor any personnel which may be em-
ployed by the SUBRECIPIENT with funds advanced pursuant to this Agreement shall be in any way
or to any extent engaged in any conduct or political activity in contravention of Chapter 15 of Title 5
of the United States Code.
B. The SUBRECIPIENT is prohibited from using funds provided herein or personnel employed in
the administration of the program for: political activities; sectarian or religious activities, lobbying, po-
litical patronage or nepotism activities.
Page 12 of 25
C. The SUBRECIPIENT agrees that none of the funds or services provided directly or indirectly
under this Agreemem shall be used for any partisan political activity or to further the election of defeat
of any candidate for public office, or for publicity, lobbying and/or propaganda purposes designed to
support or defeat pending legislation. Employees of the SUBRECIPIENT connected with any activity
that is funded in whole or in part by funds provided to SUBRECIPIENT under this Agreement may not
under the term of this Agreement:
1. Use their official position or influence to affect the outcome of an election or nomination.
2. solicit contributions for political purposes; or
3. take an active part in political management or in political campaigns.
SUBRECIPIENT hereby agrees to sign a Certification Regarding Lobbying included herein as At-
tachmem "C" and if necessary, the Disclosure of Lobbying Activities provided by the CITY.
22.
PUBLICITY
Where such action is appropriate, SUBRECIPIENT shall publicize the activities conducted by
SUBRECIPIENT under this Agreement. In any news release, sign, brochure, or other advertis-
ing medium, disseminating information prepared or distributed by or for SUBRECIPIENT, the
advertising medium shall state that the U.S. Department of Housing and Urban Development's
Community Developmem Block Gram Program funding through the City of Demon has made
the project possible.
All published material and written reports submitted under this project must be originally de-
veloped material unless otherwise specifically provided in this Agreemem. When material not
originally developed is included in a report, the report shall idemify the source in the body of
the report or by footnote. This provision is applicable when the material is in a verbatim or ex-
tensive paraphrase format.
All published material submitted under this project shall include the following reference on the
front cover or title page:
This documem is prepared in accordance with the City of Demon's Community
Development Block Grant Program, with funding received from the United
States Department of Housing and Urban Development.
All reports, documents, studies, charts, schedules, or other appended documentation to any
proposal, content of basic proposal, or contracts and any responses, inquiries, correspondence
and related material submitted by SUBRECIPIENT shall become the property of CITY upon
receipt.
Page 13 of 25
23.
CHANGES AND AMENDMENTS
Any alterations, additions, or deletions to the terms of this Agreement shall be by written
amendment executed by both parties, except when the terms of this Agreement expressly pro-
vide that another method shall be used.
SUBRECIPIENT may not make transfers between or among approved line items within budget
categories set forth in Attachment B without prior written approval of CITY. SUBRECIPIENT
shall request, in writing, the budget revision in a form prescribed by CITY, and such request for
revision shall not increase the total monetary obligation of CITY under this Agreement. In ad-
dition, budget revisions cannot significantly change the nature, intent, or scope of the program
funded under this Agreement.
SUBRECIPIENT will submit revised budget and program information, whenever the level of
funding for SUBRECIPIENT or the program(s) described herein is altered according to the to-
tal levels contained in any portion of Attachment B.
It is understood and agreed by the parties hereto that changes in the State, Federal or local laws
or regulations pursuant hereto may occur during the term of this Agreement. Any such modifi-
cations are to be automatically incorporated into this Agreement without written amendment
hereto, and shall become a part of the Agreement on the effective date specified by the law or
regulation.
CITY may, from time to time during the term of the Agreement, request changes in Attachment
A, which may include an increase or decreased in the amount of SUBRECIPIENT's compensa-
tion. Such changes shall be incorporated in a written amendment hereto, as provided in Subsec-
tion A of this Section.
Any alterations, deletion, or additions to the Contract Budget Detail incorporated in Attachment
B shall require the prior written approval of CITY.
SUBRECIPIENT agrees to notify CITY of any proposed change in physical location for work
performed under this Agreement at least 30 calendar days in advance of the change.
SUBRECIPIENT shall notify CITY of any changes in personnel or governing board composi-
tion.
It is expressly understood that neither the performance of Attachment A for any program con-
tracted hereunder nor the transfer of funds between or among said programs will be permitted.
Page 14 of 25
24.
SUSPENSION OF FUNDING
Upon determination by CITY of SUBRECIPIENT's failure to timely and properly perform
each of the requirements, time conditions and duties provided herein, CITY, without limiting any
rights it may otherwise have, may, at its discretion, and upon ten working days written notice to
SUBRECIPIENT, withhold further payments to SUBRECIPIENT. Such notice may be given by mail
to the Executive Officer and the Board of Directors of SUBRECIPIENT. The notice shall set forth the
default or failure alleged, and the action required for cure.
The period of such suspension shall be of such duration as is appropriate to accomplish correc-
tive action, but in no event shall it exceed 30 calendar days. At the end of the suspension period, if
CITY determines the default or deficiency has been satisfied, SUBRECIPIENT may be restored to full
compliance status and paid all eligible funds withheld or impounded during the suspension period. If
however, CITY determines that SUBRECIPIENT has not come into compliance, the provisions of
Section 26 may be effectuated.
25.
TERMINATION
A. CITY may terminate this Agreement for cause under any of the following reasons or for other
reasons not specifically enumerated in this paragraph:
(1) SUBRECIPIENT's failure to attain compliance during any prescribed period of suspension
as provided in Section 24.
(2) SUBRECIPIENT's failure to materially comply with any of the terms of this Agreement.
(3) SUBRECIPIENT's violation of covenants, agreements or guarantees of this Agreement.
(4) Termination or reduction of funding by the United States Department of Housing and Ur-
ban Development.
(5) Finding by CITY that SUBRECIPIENT:
(a) is in such unsatisfactory financial condition as to endanger performance under
this Agreement;
(b) has allocated inventory to this Agreement substantially exceeding reasonable re-
quirements;
(c) is delinquent in payment of taxes, or of costs of performance of this Agreement
in the ordinary course of business.
Page 15 of 25
(6) Appointment of a trustee, receiver or liquidator for all or substantial part of SUBRECIPI-
ENT's property, or institution of bankruptcy, reorganization, rearrangement of or liquida-
tion proceedings by or against SUBRECIPIENT.
(7) SUBRECIPIENT's inability to conform to changes required by Federal, State and local
laws or regulations as provided in Section 4, and Section 2 of this Agreement.
(8) The commission of an act of bankruptcy.
(9) SUBRECIPIENT's violation of any law or regulation to which SUBRECIPIENT is bound
or shall be bound under the terms of the Agreement.
fective
source
CITY shall promptly notify SUBRECIPIENT in writing of the decision to terminate and the el-
date of termination. Simultaneous notice of pending termination maybe made to other funding
specified in Attachment B.
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CITY may terminate this Agreement for convenience at any time. If CITY terminates this
Agreement for convenience, SUBRECIPIENT will be paid an amount not to exceed the total of
accrued expenditures as of the effective date of termination. In no event will this compensation
exceed an amount which bears the same ratio to the total compensation as the services actually
performed bears to the total services of SUBRECIPIENT covered by the Agreement, less pay-
ments previously made.
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SUBRECIPIENT may terminate this Agreement in whole or in part by written notice to CITY,
if a termination of outside funding occurs upon which SUBRECIPIENT depends for perform-
ance hereunder. SUBRECIPIENT may opt, within the limitations of this Agreement, to seek an
alternative funding source, with the approval of CITY, provided the termination by the outside
funding source was not occasioned by a breach of contract as defined herein or as defined in a
contract between SUBRECIPIENT and the funding source in question.
SUBRECIPIENT may terminate this Agreement upon the dissolution of SUBRECIPIENT's
organization not occasioned by a breach of this Agreement.
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Upon receipt of notice to terminate, SUBRECIPIENT shall cancel, withdraw or otherwise ter-
minate any outstanding orders or subcontracts, which relate to the performance of this Agree-
ment. CITY shall not be liable to SUBRECIPIENT or SUBRECIPIENT's creditors for any ex-
penses, encumbrances or obligations whatsoever incurred after the termination date listed on
the notice to terminate referred to in this paragraph.
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Notwithstanding any exercise by CITY of its right of suspension or termination, SUBRECIPI-
ENT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any
breach of the Agreement by SUBRECIPIENT, and CITY may withhold any reimbursement to
SUBRECIPIENT until such time as the exact amount of damages due to CITY from SUBRE-
CIPIENT is agreed upon or otherwise determined.
Page 16 of 25
26.
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is made or brought by any person(s),
firm corporation or other entity against SUBRECIPIENT, SUBRECIPIENT shall give written notice
thereof to CITY within two working days after being notified of such claim, demand, suit or other ac-
tion. Such notice shall state the date and hour of notification of any such claim, demand, suit or other
action; the names and addresses of the person(s), firm, corporation or other entity making such claim,
or that instituted or threatened to institute any type of action or proceeding; the basis of such claim,
action or proceeding; and the name of any person(s) against whom such claim is being made or threat-
ened. Such written notice shall be delivered either personally or by mail.
27.
INDEMNIFICATION
It is expressly understood and agreed by both parties hereto that CITY is contracting
with SUBRECIPIENT as an independent SUBRECIPIENT and that as such, SUBRE-
CIPIENT shall save and hold CITY, its officers, agents and employees harmless from all
liability of any nature or kind, including costs and expenses for, or on account of, any
claims, audit exceptions, demands, suits or damages of any character whatsoever result-
ing in whole or in part from the performance or omission of any employee, agent or rep-
resentative of SUBRECIPIENT.
SUBRECIPIENT agrees to provide the defense for, and to indemnify and hold harmless
CITY its agents, employees, or SUBRECIPIENTs from any and all claims, suits, causes of
action, demands, damages, losses, attorney fees, expenses, and liability arising out of the
use of these contracted funds and program administration and implementation except to
the extent caused by the willful act or omission of CITY, its agents, employees, or
SUBRECIPIENTs.
28.
NON-RELIGIOUS ACTIVITES
The SUBRECIPIENT will provide all services under this Agreement in a manner that is exclusively
non-religious in nature and scope. There shall be no religious services, proselytizing, instruction or
any other religious preference, influence or discrimination in connection with providing the services
hereunder.
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29.
MISCELLANEOUS
SUBRECIPIENT shall not transfer, pledge or otherwise assign this Agreement or any interest
therein, or any claim arising thereunder, to any party or parties, bank, trust company or other
financial institution without the prior written approval of CITY.
Page 17 of 25
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If any provision of this AgreemeN is held to be invalid, illegal, or unenforceable, the remaining
provisions shall remain in full force and effect and coNinue to conform to the original iNeN of
both parties hereto.
In no even shall any paymeN to SUBRECIPIENT hereunder, or any other act or failure of
CITY to insist in any one or more instances upon the terms and conditions of this AgreemeN
constitute or be construed in any way to be a waiver by CITY of any breach of covenaN or de-
fault which may then or subsequeNly be committed by SUBRECIPIENT. Neither shall such
paymeN, act, or omission in any manner impair or prejudice any right, power, privilege, or
remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or
remedies are always specifically preserved. No represeNative or ageN of CITY may waive the
effect of this provision.
This AgreemeN, together with referenced attachmeNs, constitutes the eNire agreemeN be-
tween the parties hereto, and any prior agreemeN, assertion, statemeN, understanding or other
commitmeN aNecedeN to this AgreemeN, whether written or oral, shall have no force or effect
whatsoever; nor shall an agreemeN, assertion, statemeN, understanding, or other commitmeN
occurring during the term of this AgreemeN, or subsequeN thereto, have any legal force or ef-
fect whatsoever, unless properly executed in writing, and if appropriate, recorded as an
amendmeN of this AgreemeN.
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In the even any disagreemeN or dispute should arise between the parties hereto pertaining to
the iNerpretation or meaning of any part of this AgreemeN or its governing rules, codes, laws,
ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of
compliance, will have the final authority to render or to secure an iNerpretation.
F. For purposes of this AgreemeN, all official communications and notices among the parties
shall be deemed made if sen postage paid to the parties and address set forth below:
That the monies in this agreemeN will include the amouN to be awarded in the coNract be-
tween the City of DeNon and Owsley Community School in December 17, 2003 and therefore
the terms of this agreemeN will supercede and repeal the agreemeN of December 17, 2003.
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TO CITY:
City Manager
City of DeNon
215 E. McKinney
Denton, Texas 76201
TO SUBRECIPIENT:
Owsley Community School
2535 Charlotte Street
Denton Texas 76201
This AgreemeN shall be iNerpreted in accordance with the laws of the State of Texas and
venue of any litigation concerning this AgreemeN shall be in a court competeN jurisdiction sit-
ting in DeNon County, Texas.
Page 18 of 25
IN WITNESS OF WHICH this Agreement has been executed on this the
,2004.
day of
CITY OF DENTON
BY:
MICHAEL A. CONDUFF
CITY MANAGER
ATTEST:
JENNIFER WALTERS
CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY
CITY ATTORNEY
BY:
OWSLEY COMMUNITY SCHOOL
ATTEST:
BY:
EXECUTIVE DIRECTOR
BOARD SECRETARY
Page 19 of 25
ATTACHMENT "A"
SCOPE OF SERVICES
Description of Improvements to be Completed
By November 1, 2004
Improvemems may include but not be limited to the following:
1. Replace existing portable building with 2200 square foot building donated by Flowers
Ba&ery.
2. Prepare site as needed prior to moving new building.
3. Update electrical service and bring to currem code requiremems.
4. Install plumbing and HVAC system to new building.
5. Install a deck and covering if needed.
6. Repair fence as needed.
Total Project Budget
$35,000
Description of Services to be Provided
· Provide programming that assists residems in preparation for the General Equivalency
Diploma (GED) examination and to ensure that they are successful in achieving this goal.
· Provide English-as-a Second Language (ESL) classes.
· With the assistance of the University of North Texas, provide a music program designed
to "level the playing field" for children of the Owsley neighborhood who wish to partici-
pate in band or other music curriculum in their respective schools.
· Provide daily after school programming to youth from 3:00 p.m. to 6:00 p.m. Monday
through Friday during the school year.
· After school programming will include personal and educational developmem, health and
physical education, cultural enrichmem, outdoor and environmemal developmem, citi-
zenship and leadership developmem, and social recreation activities.
· Provide transportation to the program site for youth needing transportation if the program
site is outside of the Owsley neighborhood. Provide transportation for youth during field
trips.
· Cooperate with the DeNon Police Departmem to provide education to participams on
crime prevemion, pedestrian safety, bicycle safety, other personal safety issues, and on
the role of the police departmem in the community.
Page 20
· Work with the Denton Family Resource Center and/or Denton County Health Depart-
ment to enroll uninsured neighborhood children in the Children's Health Insurance Pro-
gram if they are not already insured.
· Provide additional programs as needed.
Page 21
ATTACHMENT "B"
24 CFR § 570.505
The standards described in this section apply to real property within the recipient's control which
was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These
standards shall apply from the date CDBG funds are first spent for the property until five years after
closeout of an entitlement recipient's participation in the entitlement CDBG program or, with
respect to other recipients, until five years after the closeout of the grant from which the assistance
to the property was provided.
(a) A recipient may not change the use or planned use of any such property (including
the beneficiaries of such use) from that for which the acquisition or improvement was made
unless the recipient provides affected citizens with reasonable notice of, and opportunity to
comment on, any proposed change, and either:
(1) The new use of such property qualifies as meeting one of the national
objectives in Section 570.208 and is not a building for the general conduct of
government; or
(2) The requirements in paragraph (b) of this section are met.
(b) If the recipient determines, after consultation with affected citizens, that it is
appropriate to change the use of the property to a use which does not qualify under
paragraph (a)(1) of this section, it may retain or dispose of the property for the changed use
if the recipient's CDBG program is reimbursed in the amount of the current fair market
value of the property, less any portion of the value attributable to expenditures of non-
CDBG funds for acquisition of, and improvements to, the property.
(c) If the change of use occurs after closeout, the provisions governing income from the
disposition of the real property in Section 570.504(b) (4) or (5), as applicable, shall apply to
the use of funds reimbursed.
(d) Following the reimbursement of the CDBG program in accordance with paragraph
(b) of this section, the property no longer will be subject to any CDBG requirements.
Page 22
ATTACHMENT "C"
24 CFR § 570.503
(a)
Before disbursing any CDBG funds to a subrecipient, the recipient shall sign a written
agreement with the subrecipient. The agreement shall remain in effect during any period
that the subrecipient has control over CDBG funds, including program income.
(b) At a minimum, the written agreement with the subrecipient shall include
provisions concerning the following items:
(1) Statement of Work. The agreement shall include a description of the
work to be performed, a schedule for completing the work, and a budget. These
items shall be in sufficient detail to provide a sound basis for the recipient
effectively to monitor performance under the agreement.
(2) Records and Reports. The recipient shall specify in the agreement the
particular records the subrecipient must maintain and the particular reports the
subrecipient must submit in order to assist the recipient in meeting its
recordkeeping and reporting requirements.
(3) Program Income. The agreement shall include the program income
requirements set forth in Section 570.504(c).
(4) Uniform Administrative Requirements. The agreement shall require the
subrecipient to comply with applicable uniform administrative requirements, as
described in Section 570.502.
(5) Other Program Requirements. The agreement shall require the
subrecipient to carry out each activity in compliance with all Federal laws and
regulations described in subpart K of these regulations, except that:
(i) The subrecipient does not assume the recipient's environmental
responsibilities described at Section 570. 604; and
(ii) The subrecipient does not assume the recipient's responsibility
for initiating the review process under the provisions o1'24 CFR Part 52.
(6) Conditions for Religious Organizations. Where applicable, the conditions
prescribed by HUB for the use of CDBG funds by religious organizations shall
be included in the agreement.
(7) Suspension and Termination. The agreement shall specify that, in
accordance with 24 CFR 85.43, suspension or termination may occur if the
Page 23
subrecipient materially fails to comply with any term of the award, and that the
award may be terminated for convenience in accordance with 24 CFR 85.44.
(8) Reversion of Assets. The agreement shall specify that upon its expiration
the subrecipient shall transfer to the recipient any CDBG funds on hand at the
time of expiration and any accounts receivable attributable to the use of CDBG
funds. It shall also include provisions to the use of CDBG funds. It shall also
include provisions designed to ensure that any real property under the
subrecipient's control that was acquired or improved in whole or in part with
CDBG funds in excess of $25,000 is either:
(i) Used to meet one of the national objectives in Section 570.208
until five years after expiration of the agreement, or for such longer
period of time as determined to be appropriate by the recipient; or
(ii) Disposed of in a manner that results in the recipient's being
reimbursed in the amount of the current fair market value of the property
less any portion of the value attributable to expenditures of non-CDBG
funds for acquisition of, or improvement to, the property.
(Reimbursement is not required after the period of time specified in
paragraph (b) (8) (1) of this section.)
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ATTACHMENT "D"
24 CFR § 570.504
(a) Recording Program Income. The receipt and expenditure of program income as
defined in Section 570.500(a) shall be recorded as part of the financial transactions of the
grant program.
(b) Disposition of Program Income Received by Recipiems.
(1) Program income received before grant closeout may be retained by the
recipiem if the income is treated as additional CDBG funds subject to all
applicable requiremems governing the use of CDBG funds.
(2) If the recipiem chooses to retain program income, that income shall affect
withdrawals of gram funds from the U.S. Treasury as follows:
(i) Program income in the form of repaymems to, or imerest
earned on, a revolving fund as defined in Section 570.500(b) shall be
substantially disbursed from the fund before additional cash withdrawals
are made from the U.S. Treasury for the same activity. (This rule does
not prevem a lump sum disbursemem to finance the rehabilitation of
privately owned properties as provided for in Section 570.513.)
(ii) Substamially all other program income shall be disbursed for
eligible activities before additional cash withdrawals are made from the
U.S. Treasury.
(3) Program income on hand at the time of closeout shall cominue to be
subject to the eligibility requiremems in Subpart C and all other applicable
provisions of this part until it is expended.
(4) Unless otherwise provided in any gram closeout agreemem, and subject
to the requiremems of paragraph (b) (5) of this section, income received after
closeout shall not be governed by the provisions of this part, except that, if at the
time of closeout the recipiem has another ongoing CDBG gram received directly
from HUD, funds received after closeout shall be treated as program income of
the ongoing grant program.
(5) If the recipiem does not have another ongoing gram received directly
from HUD at the time of closeout, income received after closeout from the
disposition of real property or from loans outstanding at the time of closeout shall
not be governed by the provisions of this part, except that such income shall be
used for activities that meet one of the national objectives in Section 570.208 and
the eligibility requiremems described in Section 105 of the Act.
Page 25
AGENDA INFORMATION SHEET
AGENDA DATE: August 17, 2004
DEPARTMENT:
CM:
Economic Development
Mike Conduff ~/~
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Demon, Texas, approving
an agreement between the City of Denton and the Cumberland Presbyterian Children's Home;
providing for the use of funds for development of transitional housing; authorizing the City
Manager to execute the agreement and to expend funds with respect to the agreement; and
providing for an effective date.
BACKGROUND
Last January, Cumberland Presbyterian Children's Home completed an application requesting
funding for the construction of duplexes to be used as transitional housing. Cumberland's
transitional housing program is targeted to single women with children who are either homeless
or potentially homeless. The Community Development Advisory Committee recommended that
Cumberland be awarded $350,000 in HOME program funding to construct two duplexes (four
housing units). City Council approved the grant award as part of the 2004 Action Plan for
Housing and Community Development.
ESTIMATED PROJECT SCHEDULE
Construction is scheduled to begin on or before December 2004 and the duplexes will be
completed by May 2005. The transitional housing program is in place and currently serving
households in need. The units will continue to house families participating in the transitional
housing program for a 20-year period.
PRIOR ACTION/REVIEW (Councils~ Boards~ Commissions)
The Community Development Advisory Committee recommended approval of the funding for
the Cumberland units as a part of the City's 2004 Action Plan for Housing and Community
Development. City Council approved the Action Plan on May 4, 2004
FISCAL INFORMATION
Funding for the proposed project will be awarded from the City's 2004 Home Investment
Partnership Program (HOME) allocation
EXmBITS
1. Ordinance
2. Funding Agreement
Respectfully submitted:
Linda Ratliff
Director of Economic Development
Prepared by:
Barbara Ross
Community Development Administrator
S:\Our Documcnts\Ordinancos\04\CUMBERLAND CONTRACT.DOC
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE
CUMBERLAND PRESBYTERIAN CHILDREN'S HOME; PROVIDING FOR THE USE OF
FUNDS FOR DEVELOPMENT FOR TRANSITINAL HOUSING; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AGREEMENT AND TO EXPEND FUNDS WITH
RESPECT TO THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received funds from the U.S. Department of Housing and
Urban Development under the National Affordable Housing Act of 1990 as amended by the
Housing and Community Development Act of 1992; and
WHEREAS, the City has adopted a budget for such funds included therein an authorized
program budget for expenditure of funds, for construction of four transitional housing units to be
owned and managed by the Cumberland Presbyterian Children's Home; and
WHEREAS, the Cumberland Presbyterian Children's Home has developed a program to
assist potentially homeless families that will reside in the housing units constructed through the
use of City of Denton HOME funding; and
WHEREAS, the City Council deems it in the public interest to enter into an agreement
for a transitional housing program with the Cumberland Presbyterian Children's Home; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves the attached Agreement between the
City and the Cumberland Presbyterian Children's Home to provide for transitional housing units
and a supportive services program for residents in accordance with the terms of this Agreement,
which Agreement is made a part of this ordinance for all purposes, and authorizes the City
Manager or his designee to execute this Agreement.
SECTION 2. That the City Council authorizes the expenditure of funds for construction
of four transitional housing units to be owned and managed by the Cumberland Presbyterian
Children's Home in accordance with the terms of the attached Agreement.
SECTION 3. That this ordinance shall become effective immediately upon its passage
and approval.
S:\Our Documcnts\Ordinancos\04\CUMBERLAND CONTRACT.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:
S:\Our Documents\Contracts\04\Cumberland.DOC
AGREEMENT BETWEEN THE CITY OF DENTON
AND THE CUMBERLAND PRESBYTERIAN CHILDREN'S HOME
This Agreemem between the City of DeNon and the Cumberland Presbyterian Children's
Home ("Agreemem") is made and emered imo by and between the City of DeNon, a Texas
municipal corporation ("CITY"), acting by and through its City Manager, pursuam to ordinance, and
the Cumberland Presbyterian Children's Home, 1304 Bernard Street, DeNon, Texas a non-profit
corporation, ("CONTRACTOR").
WHEREAS, CITY has received funds from the U. S. Departmem of Housing and Urban
Developmem under the National Affordable Housing Act of 1990 as amended by the Housing and
Community Developmem Act of 1992;
WHEREAS, CITY has adopted a budget for such funds and included therein an authorized
Program Budget for expenditure of funds for provision of a transitional housing program and
developmem of transitional housing units by the Cumberland Presbyterian Children's Home
included as Attachment "B";
WHEREAS, CITY has designated the Community Developmem Division as the division
responsible for the administration of this Agreement and all matters pertaining thereto; and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project;
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the
mutual obligations and to the performance and accomplishmem of the conditions hereinafter
described.
This Agreement shall commence on or as of August 15, 2004, and shall terminate on August
15, 2025, unless adjusted by the CITY. Request for such an adjustmem must be in writing and is to
be submitted to the Community Developmem Division, 101 S Locust Ste 500, DeNon TX 76201.
RESPONSIBILITIES
A. CONTRACTOR hereby accepts the responsibility for the performance of all services
and activities, described in the Work Statement attached hereto as Attachment "A" and incorporated
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herein as if set forth at length, in accordance with the Program Budget attached hereto as Attachment
"B" and the Schedule of Contract Activities attached hereto as Attachment "C" incorporated herein
as if set forth at length, and as otherwise set forth herein, in a satisfactory and efficient manner as
determined by CITY, in accordance with the terms herein.
B. CONTRACTOR's executive director shall be CONTRACTOR's representative
responsible for the management of all contractual matters pertaining hereto, unless written notifica-
tion to the contrary is received from CONTRACTOR, and approved by CITY.
C. The CITY's Community Development Administrator will be CITY's representative
responsible for the administration of this Agreement.
D. CONTRACTOR shall comply with HUD Office of Management and Budget
circulars A-122 and the regulations found at 24 CFR Part 84.
E. CONTRACTOR shall not request disbursement of funds until they are needed for
payment of eligible costs. The amount of each request will be limited to the amount needed as per
92.504 (c)(2)(vii).
F. CONTRACTOR shall not change the Program Budget without prior written
approval from the CITY.
CITY'S & CONTRACTOR'S OBLIGATIONS
A. CITY shall provide funds in the amount of $350,000 or less in project funds to the
CONTRACTOR for specific housing projects and programs as described in the Work Statement,
Attachment "A".
B. CONTRACTOR agrees to hold and save harmless the CITY, its officers and
employees from any and all loss, cost, or damage of every kind [including, property damage, bodily
injury or death], nature or description arising under this Agreement.
C. CITY shall be responsible for performing an environmental review to insure
necessary compliances are met.
D. This Agreement and the payments made hereunder are contingent upon receipt of
U.S. Department of Housing and Urban Development funds pursuant to the HOME Investment
Partnership Program, and shall terminate immediately, not withstanding the provisions of Article
XIX hereof, should such funds be discontinued for any reason.
E. The CONTRACTOR may not request disbursement of funds until they are needed
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for paymeN of eligible costs. The amount of each request by the CONTRACTOR shall be limited
to the amount needed in accordance with 24 CFR 92.504 (c)(2)(vii) and shall involve the activities
set forth in the "CoNract Activity Schedule" attached as AttachmeN C.
F. Upon dissolution of the CONTRACTOR any remaining funds or assets derived from
the expenditure of the CITY's funds, hereinafter sometimes described as the CITY's HOME funds,
proceeds or HOME-funded projects, must be immediately returned to the CITY.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A. The CITY and CONTRACTOR agree to perform their duties arising pursuant to the
Agreement in compliance with the U.S. Department of Housing and Urban Development HOME
Investment Partnership Program regulations at 24 CFR 92.
B. CONTRACTOR shall comply with the uniform administrative requiremeNs, as
described in 24 CFR 92.505 in the HOME InvestmeN Partnership Program regulations.
C. CONTRACTOR agrees to ensure that all HOME-assisted housing or housing
ideNified as match for the HOME program meets all affordability requiremeNs ideNified in 24 CFR
92.252 or 92.254 as applicable.
D. If it is determined that the use of the funding provided by the CITY does not meet the
requirements of the U.S. Department of Housing and Urban Development HOME Investment
Partnership Program, the CONTRACTOR shall reimburse the CITY for the costs determined to be
disallowed under the U.S. Department of Housing and Urban Development HOME Investment
Partnership Program regulations.
E. CONTRACTOR shall comply with all applicable Federal laws and regulations at 24
CFR 92 subpart H. Subpart H prescribes procedures for compliance in the following areas:
nondiscrimination and equal opportunity, affirmative marketing, displacemeN and relocation, labor
relations and conflict of interest.
F. CONTRACTOR agrees that all housing assisted under this agreement will meet the
property standards requiremeNs in 24 CFR 92.251 and the lead-based pain requiremeNs in part 35,
subparts A, B, J, K, M and R upon project completion.
Subpart F.
CONTRACTOR agrees to comply with all project requiremeNs in 24 CFR Part 92,
J. CONTRACTOR agrees to comply with all applicable Federal laws, laws of the State
of Texas and ordinances of the City of DeNon.
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REPRESENTATIONS
A. The CITY is providing funding to the CONTRACTOR in order to promote the
expansion of an existing transitional housing program for low-income households. Use of funds for
programming will meet this stated goal.
B. The CITY is the only agent authorized to designate changes to the Program Budget
or to approve specific projects and programs authorized pursuant to the non-administration portion
of the Program Budget.
C. CONTRACTOR assures and guarantees that it possesses the legal authority,
pursuant to any proper, appropriate and official motion, resolution or action passed or ta&en, to enter
into this Agreement.
D. The person or persons signing and executing this Agreement on behalf of
CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized
by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and
legally bind CONTRACTOR to all terms, performances and provisions herein set forth.
E. CITY shall have the right, at its option, to either temporarily suspend or permanently
terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR or
the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CITY
for any money it has received from CITY for performance of the provisions of this Agreement if
CITY has suspended or terminated this Agreement for the reasons enumerated in this Section.
F. CONTRACTOR agrees that the funds and resources provided CONTRACTOR
under the terms of this Agreement will in no way be substituted for funds and resources from other
sources, nor in any way serve to reduce the resources, services, or other benefits which would have
been available to, or provided through, CONTRACTOR had this Agreement not been executed.
PROGRAM INCOME
A. HOME program income is defined as all fees and interest payments on HOME-
assisted units/projects and any interest income on deposited HOME funds or program proceeds
collected by the CONTRACTOR. Program income may be retained by the CONTRACTOR to be
used for HOME-eligible activities included in the Work Statement included herein as Attachment
"B". Provided, however that any interest on deposited HOME funds must be remitted to the CITY
on a quarterly basis.
C. Any income generated from the use of HOME funds, proceeds, or any income
Page 4
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generated through subsequent use of these funds shall continue to be used by the CONTRACTOR
for HOME-eligible activities included in the Work Statemem in the City of DeNon. Use of the
funds on projects or programs other than those idemified in this Agreemem, must be approved in
writing by the CITY. Any income retained and used by the CONTRACTOR must be available to
the CiTY as a matching contribution for the HOME program. Upon request, CONTRACTOR will
approve appropriate certifications stating that funding is available as a HOME program match to the
CITY.
MAINTENANCE OF RECORDS
A. CONTRACTOR agrees to maintain records that will provide accurate, current,
separate, and complete disclosure of the status of the funds received pursuant to this Agreement and
pursuant to any other applicable Federal and/or State regulations establishing standards for financial
management. CONTRACTOR's record system shall contain sufficient documentation to provide
detailed support and justification for each expenditure. Nothing in this Section shall be construed to
relieve CONTRACTOR of fiscal accountability and liability under any other provision of this
Agreemem or any applicable law. CONTRACTOR shall include the substance of this provision in
all subcontracts.
B. CONTRACTOR agrees to retain all books, records, documents, reports, and written
accounting policies and procedures pertaining to the operation of programs and expenditures of
funds pursuant to this Agreemem for the period of time and under the conditions specified by CITY.
C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of
responsibility for retaining accurate and currem records, which clearly reflect the level and benefit of
services, provided pursuant to this Agreement.
D. At any reasonable time and as often as CITY may deem necessary, the
CONTRACTOR shall make available to CITY, or any of its authorized represematives, all of its
records and shall permit CITY, or any of its authorized represematives to audit, examine, make
excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials,
payrolls, records of personnel, conditions or employmem and all other data relating to the program
requested by said representatives.
E. The CONTRACTOR shall give the City of Demon, the U.S. Departmem of Housing
and Urban Developmem, or any of their duly authorized represematives, access to and the right to
examine all books, accoums, records, reports, files and other papers belonging to or in use by the
CONTRACTOR pertaining to this Agreement. Such rights to access shall continue as long as the
CONTRACTOR is required to retain the records.
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REPORTS AND INFORMATION
A. CONTRACTOR shall provide quarterly financial and beneficiary reports that shall
contain such records, data and information as CITY may request and deem pertinent to matters
covered by this Agreement. CONTRACTOR shall provide any additional information as requested
by the CiTY within 10 days.
B. An audit must be conducted in accordance with 24 CFR parts 44 and 45 as
applicable. CONTRACTOR shall submit a copy of said audit to the Community Development
Division within ten days of receipt of the completed report.
INSURANCE
A. CONTRACTOR shall observe sound business practices with respect to providing
such bonding and insurance as would provide adequate coverage for services offered under this
Agreement.
B. The premises on and in which the activities described in Exhibit A are conducted,
and the employees conducting these activities, shall be covered by premise liability insurance, com-
monly referred to as "Owner/Tenant" coverage with CiTY named as an additional insured. Upon
request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage
arrangements.
C. CONTRACTOR will comply with applicable workers' compensation statutes and
will obtain employers' liability coverage where available and other appropriate liability coverage for
program participants, if applicable.
D. CONTRACTOR will maintain adequate and continuous liability insurance on all
vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who
are required to drive a vehicle in the normal scope and course of their employment must possess a
valid Texas driver's license and automobile liability insurance. Evidence of the employee's current
possession of a valid license and insurance must be maintained on a current basis in
CONTRACTOR's files.
E. Actual losses not covered by insurance as required by this Section are not allowable
costs under this Agreement, and remain the sole responsibility of CONTRACTOR.
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F. The policy or policies of insurance shall contain a clause which requires that CITY
and CONTRACTOR be notified in writing of any cancellation or change in the policy at least thirty
(30) days prior to such change or cancellation.
G. Insurance to provide cost replacement will be carried on all transitional housing
units based on the replacement cost of the structure.
10.
EQUAL OPPORTUNITY
During the performance of this Agreement, the CONTRACTOR is subject to Executive
Order 11246, as amended, and, therefore, agrees to the following:
(1)
The CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, or familial status.
The CONTRACTOR will take affirmative action to ensure that applicants who are
employed are treated during employment without regard to their race, color, religion,
sex, national origin, or familial status, concerning such employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or their apprenticeship. The CONTRACTOR agrees to post in
conspicuous places, available to both employees and applicants for employment,
notices to be provided by the CITY setting forth provisions of this nondiscrimination
clause.
(2)
The CONTRACTOR, in all solicitations or advertisements for employees placed by
or on behalf of the CONTRACTOR, shall state that all qualified applicants will
receive consideration for employment without regard to race, color, religion, sex,
national origin, or familial status.
11.
CONFLICT OF INTEREST
A. CONTRACTOR covenants that neither it nor any member of its governing body
presently has any interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this Agreement. CONTRACTOR further
covenants that in the performance of this Agreement, no person having such interest shall be
employed or appointed as a member of its governing body.
B. CONTRACTOR further covenants that no member of its governing body or its staff,
contractors or employees shall possess any interest in or use this position for a purpose that is or
gives the appearance of being motivated by desire for private gain for themselves, or others,
particularly those with which they have family, business, or other ties.
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C. No officer, member, or employee of CITY and no member of its governing body
who exercises any function or responsibilities in the review or approval of the undertaking or
carrying out of this Agreement shall participate in any decision relating to the Agreement which
affects his/her personal interest or the interest in any corporation, partnership, or association in
which he/she has direct or indirect interest.
12.
POLITICAL OR SECTARIAN ACTIVITY
A. None of the performance rendered hereunder shall involve any political activity
(including, but not limited to, any activity to further the election or defeat of any candidate for public
office) or any activity undertaken to influence the passage, defeat or final content of legislation.
B. None of the performance rendered hereunder shall involve or benefit in any, manner
any sectarian or religious activity.
13.
WARRANTIES
CONTRACTOR represents and warrants that:
A. All information, reports and data heretofore or hereafter requested by CITY and
furnished to CITY, are complete and accurate as of the date shown on the information, data, or
report, and, since that date, have not undergone any significant change without written notice to
CITY.
B. Any supporting financial statements heretofore requested by CITY and furnished to
CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the
date shown on said report, and the results of the operation for the period covered by the report, and
that since said date, there has been no material change, adverse or otherwise, in the financial
condition of CONTRACTOR.
C. No litigation or legal proceedings are presently pending or threatened against
CONTRACTOR.
D. None of the provisions herein contravenes or is in conflict with the authority under
which CONTRACTOR is doing business or with the provisions of any existing indenture or
agreement of CONTRACTOR.
E. CONTRACTOR has the power to enter into this Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
conditions of this Agreement.
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F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any
character, except for current taxes not delinquent, except as shown in the financial statements
furnished by CONTRACTOR to CITY.
G. Each of these representations and warranties shall be continuing and shall be deemed
to have been repeated by the submission of each request for payment.
14.
COVENANTS
A. CONTRACTOR agrees to execute a lien that will be placed on the property assisted
with HOME funds. The lien will name the CiTY as the primary beneficiary for a period not to
exceed twenty years.
B. During the period of time that payment may be made hereunder and so long as any
payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the
Community Development Administrator or her authorized representative:
(1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of
the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any
pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets
of CONTRACTOR which are allocated to the performance of this Agreement and with
respect to which CiTY has ownership hereunder.
(2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables,
notes or claims for money due or to become due.
(3) Sell, convey, or lease all or substantial part of its assets.
(4) Ma&e any advance or loan to, or incur any liability for any other firm, person,
entity or corporation as guarantor, surety, or accommodation endorser.
(5) Sell, donate, loan or transfer any equipment or item of personal property
purchased with funds paid to CONTRACTOR by CITY, unless CiTY authorizes such
transfer.
C. CONTRACTOR agrees, upon written request by CITY, to require its employees to
attend training sessions sponsored by the Community Development Division.
15.
MONITORING AND EVALUATION
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A. CiTY shall perform on-site monitoring of CONTRACTOR's performance under this
Agreement.
B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation
activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and
Objectives, which are attached hereto as Attachment A, as well as other provisions of this
Agreement.
C. CONTRACTOR agrees to cooperate fully with CITY in the development,
implementation and maintenance of record-keeping systems and to provide data determined by
CiTY to be necessary for CiTY to effectively fulfill its monitoring and evaluation responsibilities.
D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay
CITY in such monitoring and to designate one of its staff members to coordinate the monitoring
process as requested by CITY staff.
E. CITY shall provide a written evaluation of contract performance to the
CONTRACTOR within 30 days of the monitoring.
F. Within 60 days of notification by the CITY, the CONTRACTOR shall provide
complete responses include a statement acknowledging any corrective action required to be taken
due to City of Denton monitoring findings and concerns.
G. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by
any of CONTRACTOR's funding or regulatory bodies to CiTY within five (5) working days of
receipt by CONTRACTOR.
16.
DIRECTORS' MEETINGS
A. CONTRACTOR shall ensure that the CiTY is notified of all meetings, regular and
special called, of the board of directors. Notice should be received by the CiTY at least 72 hours
prior to the meeting. Such notice shall include an agenda and a brief description of the matters to be
discussed.
B. CONTRACTOR understands and agrees that CITY representatives shall be afforded
access to all of the Board of Directors' meetings.
C. Minutes of all meetings of CONTRACTOR's governing body shall be available to
CiTY within ten (10) working days of approval.
17.
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NEPOTISM
CONTRACTOR shall not employ in any paid capacity any person who is a member of the
immediate family of any person who is currently employed by CONTRACTOR, or is a member of
CONTRACTOR's governing board. The term "member of immediate family" includes: wife,
husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece,
step-parent, step-child, half-brother and half-sister.
18.
SUSPENSION OF FUNDING
A. Upon determination by CITY of CONTRACTOR's failure to timely and properly
perform each of the requirements, time conditions and duties provided herein, CITY, without
limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days
written notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice may
be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The
notice shall set forth the default or failure alleged, and the action required for cure.
B. The period of such suspension shall be of such duration as is appropriate to
accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of
the suspension period, if CiTY determines the default or deficiency has been satisfied,
CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or
impounded during the suspension period, if, however, CiTY determines that CONTRACTOR has
not come into compliance, this Agreement may be terminated under Section 19 of this Agreement.
19.
TERMINATION
A. The CITY shall have the right to terminate this Agreement, in whole or in part, at
any time whenever the CiTY determines that the CONTRACTOR has failed to comply with any
term of this Agreement. The CiTY shall notify the CONTRACTOR in writing thirty (30) days prior
to the date of termination, the effective date of such termination, and in the case of partial
termination, the portion of the Agreement to be terminated. Property shall be subject to disposition.
B. The CITY shall have the right to terminate this Agreement for convenience, in whole
or in part by written notification to the CONTRACTOR which shall include the reason for such
termination, the effective date and the portion to be terminated.
C. The CONTRACTOR shall have the right to terminate this Agreement for
convenience, in whole or in part, by written notification to the CITY, which shall include the reason
for such termination, the effective date and the portion to be terminated.
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D. If, in the case of a partial termination, it is the determination of CITY that the
remaining portion of the award is not sufficiem to accomplish the project as described in the Work
Statement, CITY may require that the entire grant be terminated.
20.
INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that CITY is
contracting with CONTRACTOR as an independent CONTRACTOR and that as such,
CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from
all liability of any nature or kind, including costs and expenses for, or on account of, any
claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in
whole or in part from the performance or omission of any employee, agent or representative of
CONTRACTOR.
B. CONTRACTOR agrees to provide the defense for, and to indemnify and hold
harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of
action, demands, damages, losses, attorneys fees, expenses, and liability arising out of the use
of these contracted funds and program administration and implementation except to the
extent caused by the willful act or omission of CITY, its agents, employees, or contractors.
21.
NOTICE
For purposes of this Agreement, all official communications and notices among the parties
shall be deemed made as of the date mailed if sero postage paid to the parties and address set for
below:
TO CITY:
TO CONTR ACTOR:
Community Developmem Administrator
City of Demon
101 S Locust Ste 500
Denton, Texas 76201
Executive Director
Cumberland Presbyterian Children's Home
PO Drawer G
Denton, Texas 76202-1657
22.
VENUE
Page 12
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This Agreemem shall be imerpreted in accordance with the laws of the State of Texas and
venue of any litigation concerning this Agreemem shall be in a court of competem jurisdiction
sitting in Demon County, Texas.
IN WITNESS OF WHICH this Agreement has been executed on this the
,2004.
CITY OF DENTON
day of
BY:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
MICHAEL A. CONDUFF, CITY MANAGER
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
CUMBERLAND PRESBYTERIAN
CHILDREN'S HOME
BY:
Page 13
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ATTEST:
BOARD PRESIDENT
SECRETARY
ATTACHMENT "A"
WORK STATEMENT
Cumberland Presbyterian Children's Home
Transitional Housing Program
Funding provided will assist in the construction of two duplex living units of
approximately 2,200 per duplex. Each of the four living units will have two
bedrooms, two baths, a kitchen, dining area and living area
Cumberland Presbyterian Children's Home (CPCH) will use the units constructed
with City of Denton HOME funding to house single-parent families participating in a
transitional housing program. The goal of the "Single Parent Family" program is to
support single-parent families and help them reach self-sufficiency. The program
provides residential care for single parents and their children for up to twelve months.
Housing is provided with rent charged on a graduated scale. The first two months
are rent-free and residents will then begin paying some rent up to a maximum of $300
per month for the final two months. Utilities are provided free of charge. Along with
housing, the program also provides case management and provides family therapy
and counseling in the areas of finance, education, employment, parenting and life
skills. Families set goals and are expected to seek employment or job training and
education that will lead to employment. Residents will be evaluated every three
Page 14
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months and approved for continuation in the program based on specific criteria.
ATTACHMENT "B"
PROJECT BUDGET
Construction
$330,000
Pro fe ssional/Architecmral/Engineering Fees
$20~000
TOTAL PROJECT BUDGET
$350,000
* Please note, funds for architectural and engineering fees may be reallocated for construction
costs.
Page 15
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Page 16
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
August 17, 2004
Human Resources
Kathy DuBose
SUBJECT
Consider approval of the job descriptions for the City Manager, City Attorney, and Municipal
Judge.
BACKGROUND
At the April 12, 2004 City Council meeting, a resolution was approved establishing a standing
committee of the City Council for Council appointee performance measures. The Committee's
focus is to (1) recommend to the City Council yearly performance goals for the City Manager,
City Attorney, and Municipal Judge, (2) periodically review the goals and make recommended
changes as needed to the City Council, and (3) review the job descriptions for the City Manager,
City Attorney, and Municipal Judge and make recommended changes as needed.
The Committee met in July to review the job descriptions for the City Manager, City Attorney,
and Municipal Judge. Minor changes have been recommended for each job description.
RECOMMENDATION
Approve the revised job descriptions for the City Manager, City Attorney, and Municipal Judge.
PRIOR ACTION/REVIEW
Council was provided a copy of the revised job descriptions in the August 13, 2004 Reading File
for review.
FISCAL INFORMATION
This item has no fiscal impact.
EXHIBITS
City Manager Job Description (final format)
City Attorney Job Description (final format)
Municipal Judge Job Description (final format)
Respectfully submitted:
Carla J. Romine
Director of Human Resources
Title:
Department/Division:
Reports to:
City of Denton
Job Description
City Manager
General Government / City Manager's Office
City Council
Effective Date: 01/06/2001
Revision Date: 8/17/2004
Position ID: JN0010
Council
Market Band: Appointed
FLSA Designation: Exempt
Definition: Responsible for managing the operations of the City under the direction of City Council.
Essential Job Functions:
Enforces and administers the provisions of the City Charter, City ordinances, laws governing
municipalities, and City Council
Plans, coordinates, and directs the work of City departments, including City-owned utilities,
through delegation of authority and responsibility to Assistant City Managers and department
directors
· Attends regularly scheduled and special called meetings and participates actively in discussion of
matters coming before the City Council and recommends legislation and policies required in the
public interest
· Negotiates and recommends awards of contracts for materials, equipment, and services
· Meets with directors and department heads to produce departmental budget estimates, proposes
an annual budget for the City with balanced revenues and expenditures
· Represents the City in a variety of meetings and public functions
· Appoints Assistant City Managers and oversees hiring of department heads, subordinate officers,
employees and is the final reviewing authority on the termination of classified employees
· Meets with various subordinates individually and as a group to resolve organizational problems
and coordinate departmental work programs
· Coordinates preparation of all background material in connection with Council meetings; attends
and represents staff at all sessions
· Reviews proposed budgets with the executive staff; makes recommendations and presentations
of budget items to Council and conducts budget work sessions
· Meets personally with or receives phone calls from citizens who desire information or have a
complaint; investigates and ensures adequate responses; reviews mail and proposes appropriate
responses
· Heads the Executive Committee, which addresses problem-solving issues related to the
municipality; facilitates problem resolutions; initiates and approves policies
· Ensures that Assistant City Managers motivate their subordinate departments and divisions to the
highest level of performance, conducts annual reviews for Assistant City Managers and
subordinate supervisors' and managers' appraisals
· Makes major changes in the structure, methods, procedures and workflows of City departments to
reflect changes in mission, operational demands and relationships among departmental units
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Performs a full scope of supervisory responsibilities including recruitment, selection, hiring,
training, counseling, and evaluation of employees
Responsible for coordinating the short-range, long-range, and strategic planning of all City
departments; coordinates the activities of City government with other government agencies and
performs other related duties as required
Additional Duties:
· Performs other duties as assigned
Physical Requirements:
Overall Strength Demands: The following describes the overall strength demand of the functions
performed by the incumbent during a typical workday.
~;~ Sedentary [] Light [] Medium ~ Heavy ~ Very Heavy
Physical Demand Codes: The following describes if the incumbent is expected to exert the following
physical demands during a typical workday and the overall frequency.
Codes for "how often":
Y = Yes N = No
E = extensive M = moderate
(100-70%) (60-30%)
I = infrequent
(20-10%)
A = almost never
(<10%)
Task Code Task Code Task Code Task Code
1. Standing I 6. Pushing/Pulling A 11. Crawling A 16. Vision Y
2. Sitting E 7. Overhead Work A 12. Bending A 17. Hearing Y
3. Walking A 8. Fine Dexterity A 13. Twisting A 18. Talking Y
4. Lifting A 9. Kneeling A 14. Climbing A 19. Video Display Y
5. Carrying A 10. Crouching A 15. Balancing N 20. Other
Machines, Tools, Equipment and Work Aids:
The essential functions of this position require the daily use of a computer and telephone.
Environmental Factors:
The essential functions of this position are performed in an office environment.
Minimum Qualifications/Acceptable Equivalency:
· Master's degree in Public Administration, Business Administration or related field
· Five years of experience as a City Manager, Assistant City Manager or Deputy City Manager
OR
· Any combination of training and experience that provides the knowledge, skills and abilities
required
Conditions of Employment:
· Must have a valid Class "C" Driver's License prior to employment (must obtain Texas Class "C"
driver's license within 30 days of hire per state law)
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· Must pass a drug test, driver's license check, criminal
security number verification check
Preferences:
· Bilingual in Spanish and English.
· Ability to communicate effectively both verbally and in writing
history background check, and social
This job description is not an employment agreement, contract agreement or contract.
Management has exclusive right to alter this job description at any time without notice.
S:\HR Shared\City of Denton Job Descriptions\J-Executive Job Family\City Manager (JNOOlO).doc
Title:
Department/Division:
Reports to:
City of Denton
Job Description
City Attorney
Legal / Administration
City Council
Effective Date: 9/7/1999
Revision Date: 8/17/2004
Position ID: JM0010
Council
Market Band: Appointed
FLSA Designation: Exempt
Definition: Responsible for serving as the chief legal consultant and advisor to the City Council, City
Manager and key executives.
Essential Job Functions:
· Serves as legal consultant and advisor to the City Council, City Manager, staff, Economic
Development Partnership Board, and various other City of Denton boards
· Manages the operation of the City Attorney's office
· Administers and coordinates the activities of the City's Legal Department; manages outside legal
services
Performs a full scope of supervisory responsibilities including recruitment, selection, hiring,
training, counseling, and evaluation of employees
Prepares weekly status reports, quarterly and annual departmental reports, and long-range
business plan for department, and prepares and submits annual budget requests for Legal
Department
Conducts legal research; submits oral and written opinions, including opinions on adequacy of
executive sessions; drafts ordinances, resolutions and proclamations; negotiates, drafts and/or
reviews contracts and other legal documents involving the City of Denton
Attends City Council meetings and executive staff meetings; prepares agenda for and holds
periodic internal staff meetings
Stays informed of legislative and legal issues; reports on significant changes in the law to the City
Council and City staff, and represents the City at state and national conferences
Handles most complex construction matters, economic development, cable television,
development contracts, many land use issues, water and wastewater utility legal matters, and
serves as member of executive staff
· Monitors and approves all expenditures for the department
· Ability to get along with customers and co-workers
· Regular and punctual attendance
Additional Duties:
· Performs other duties as assigned
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Physical Requirements:
Overall Strength Demands: The following describes the overall strength demand of the functions
performed by the incumbent during a typical workday.
[~ Sedentary [--I Light [--I Medium [--I Heavy [--I Very Heavy
Physical Demand Codes: The following describes if the incumbent is expected to exert the following
physical demands during a typical workday and the overall frequency.
Codes for "how often":
Y = Yes N = No
E = extensive M = moderate
(100-70%) (60-30%)
I = infrequent
(20-10%)
A = almost never
(<10%)
Task Code Task Code Task Code Task Code
1. Standing A 6. Pushing/Pulling A 11. Crawling A 16. Vision Y
2. Sitting E 7. Overhead Work A 12. Bending A 17. Hearing Y
3. Walking A 8. Fine Dexterity M 13. Twisting M 18. Talking Y
4. Lifting A 9. Kneeling A 14. Climbing A 19. Video Display N
5. Carrying I 10. Crouching A 15. Balancing N 20. Other
Machines, Tools, Equipment and Work Aids:
The essential functions of this position require the daily use of a computer and telephone.
Environmental Factors:
The essential functions of this position are performed in an office environment.
Minimum Qualifications/Acceptable Equivalency:
· Graduation from an accredited law school
· Seven years experience in the practice of law with at least five years in a municipal government
· Licensed to practice law in the State of Texas
Conditions of Employment:
· Must have a valid Class "C" Driver's License prior to employment (must obtain Texas Class "C"
driver's license within 30 days of hire per state law)
· Must pass a drug test, driver's license check, criminal history background check, and social
security number verification check
Preferences:
· Five years of experience as a full-time in-house First Assistant City Attorney or Assistant City
Attorney with experience supervising other attorneys
· Licensed to practice law in Federal Court
· Bilingual in Spanish and English
· Ability to communicate effectively both verbally and in writing
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This job description is not an employment agreement, contract agreement or contract.
Management has exclusive right to alter this job description at any time without notice.
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Title:
Department/Division:
Reports to:
City of Denton
Job Description
Municipal Court Judge
Municipal Court Judge
City Council
Effective Date: 01101192
Revision Date: 8/17/2004
Job Code: JL0010
Council
Market Band: Appointed
FLSA Designation: Executive
Definition: Presides over the Municipal Court.
Essential Job Functions:
· Presides over trials and renders judgments for misdemeanor violations, violations of city
ordinances, traffic violations, and any other cases within the jurisdiction of the Municipal Court
· Authorizes issuance of search, arrest, inspection, and mental warrants
· Arraigns prisoners, sets bonds, reviews fines, and issues magistrates warnings
· Oversees scheduling of all cases and activities of the Court
· Evaluates cases with defendants and their attorneys
· Maintains court records as required by Texas State Law
· Provides information to attorneys and citizens regarding warrants, appeals, and hearing dates and
locations
· Develops new programs for court processing
· Communicates and develops goals for the upcoming year
· Counsels with youth and parents
· Administers programs in conjunction with the City Attorney, Police, and Court Clerks
· Establishes and administers the organization, policies, and priorities for the department
· Develops and recommends to the City Manager and City Council the annual and long-range plans
for the Municipal Court
· Prepares and submits the annual budget request for the department to the City Manager and City
Council
· Attends City Council meetings and executive staff meetings; prepares agenda for and holds
periodic internal staff meetings
· Monitors and approves all expenditures for the department
· Performs a full scope of supervisory responsibilities including recruitment, selection, hiring,
training, counseling, and evaluation of employees
· Performs other related duties as directed by City Council or in accordance with State law
· Ability to get along with customers and co-workers
· Regular and punctual attendance
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Additional Duties:
· Performs other duties as assigned
Physical Requirements:
Overall Strength Demands: The following describes the overall strength demand of the functions
performed by the incumbent during a typical workday.
Sedentary [--I Light [--I Medium [--I Heavy [--I Very Heavy
Physical Demand Codes: The following describes if the incumbent is expected to exert the following
physical demands during a typical workday and the overall frequency.
Codes for "how often":
Y: Yes N: No
E = extensive M = moderate I = infrequent A = almost never
(100-70%) (60-30%) (20-10%) (<10%)
Task Code Task Code Task Code Task Code
1. Standing A 6. Pushing/Pulling A 11. Crawling A 16. Vision Y
2. Sitting E 7. Overhead Work A 12. Bending A 17. Hearing Y
3. Walking A 8. Fine Dexterity M 13. Twisting M 18. Talking Y
4. Lifting A 9. Kneeling A 14. Climbing A 19. Video Display N
5. Carrying I 10. Crouching A 15. Balancing N 20. Other
Machines, Tools, Equipment and Work Aids:
The essential functions of this position require the daily use of a computer and telephone.
Environmental Factors:
The essential functions of this position are performed in an office environment.
Minimum Qualifications/Acceptable Equivalency:
· Graduation from an accredited law school
· Two years experience in the practice of law in the State of Texas
· Certification, membership in the State Bar of Texas
· Licensed to practice law in the State of Texas
· Availability to be called on to issue warrants at unusual hours
Conditions of Employment:
· Must pass a drug test, driver's license check, criminal history background check, and social
security number verification check
· Valid Texas Class "C" Driver's License prior to employment (must obtain Texas Class "C" driver's
license within 30 days of hire per state law)
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Preferences:
· Bilingual in Spanish and English,
· Ability to communicate effectively both verbally and in writing
This job description is not an employment agreement, contract agreement, or contract.
Management has exclusive right to alter this job description at any time without notice.
R:\Agendas~August 17, 2004\Backup\Job Descriptions-consent\4 - BU Municipal Judge (final).doc
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
August 17, 2004
Fiscal Operations
Kathy DuBose
SUBJECT
Consider adoption of an Ordinance authorizing the Mayor to execute an Interlocal Cooperation
Agreemem between the City of DeNon and the Texas Departmem of Public Safety ("TDPS") to
implement the provisions of Chapter 706 and the Texas Transportation Code for the Denial of
Driver's License Renewal upon failure to appear or failure to pay a judgmem in Municipal Court;
authorizing the payment of fees pursuant to the provisions of said agreement; and providing for
an effective date.
BACKGROUND
Approximately 30 percent of persons receiving citations in the Denton Municipal Court fail to
appear on their court date and nearly 40 percent do not take care of their citation before a warrant
is issued. Denton Police Officers are unable to serve all the arrest warrants issued because some
of the defendants have moved outside the jurisdiction of the Denton Police Department or have
provided inaccurate address information to the court. This Interlocal Cooperation Agreement
with the Texas Department of Public Safety will enable the denial of driver's license renewal to
those that have not cleared their outstanding cases.
RECOMMENDATION
Staff recommends adoption the Ordinance.
FISCAL INFORMATION
The City will receive $4.00 of the $30.00 fee charged to the defendam upon conviction.
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AN-D TIlE TEXAS
DEPARTMENT OF PUBLIC SAFETY ("TDPS") TO IMPLEMENT THE PROVISIONS OF
CHAPTER 706 OF THE TEXAS TRANSPORTATION CODE FOR THE DENIAL OF
DR1VER'S LICENSE RENEWAL UPON FAILURE TO APPEAR OR FAILURE TO PAY A
JUDGMENT IN MUNICIPAL COURT; AUTHORIZING THE PAYMENT OF FEES
PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Texas Department of Public Safety (TDPS) and the City of Denton
mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the
Inteflocal Cooperation Act and contract pursuant thereto; and
WHEREAS, both TDPS and the City of Denton have the authority to perform the
services set forth in this Agreement individually in accordance with Texas Government Code
§791.01 l(e); and
WHEREAS, all payments for services will be paid out of available current revenues and
the City of Denton and TDPS agrees that the payments made by the parties hereunder will fairly
compensate the parties for the services provided;
NOW, THEREFORE, TDPS and the City of Denton for the mutual consideration
hereinafter stated, agree as follows:
THE COUNCIL OF THE C1TY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Mayor, or in her absence the Mayor ProTem, is hereby authorized to
execute an Interlocal Cooperation Agreement between the City of Denton and TDPS to implement
the provisions of the Texas Transportation Code Chapter 706 to provide the reporting of
information necessary for the denial of driver's license renewal of persons who fail to appear for a
complaint or citation or fail to pay a judgment ordered by the Denton Municipal Court. A copy of
the Agreement is attached hereto and incorporated by reference herein.
SECTION 2. That the City Council authorizes the payment of all fees as provided pursuant to
the provisions of said Agreement.
SECTION 3. That this ordinance shall become effective mediately 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
Interlocal Cooperation Contract
STATE OF TEXAS §
COUNTY OF DENTON §
Parties
This lnterlocal Cooperation Contract ("Contract") is made and entered into
between the Texas Department of Public Safety ("TDPS"), a political subdivision
of the State of Texas, and the City of Denton ,
a local political subdivision of the State of Texas.
Il. Overview
The purpose of this Contract is t° implement the provisions of Texas
Transportation Code Chapter 706. A local political subdivision may contract with
the TDPS to provide information necessary to deny renewal of the driver license
of a person who fails to appear for a complaint or citation or fails to pay or satisfy
a judgement ordering payment of a fine or cost in the manner ordered by the
court in a manner involving any offense that a court has jurisdiction of under
Chapter 4, Code of Criminal Procedure.
The TDPS has authority to contract with a private vendor ("VendoY') pursuant to
Texas Transportation' Code §706.008. The Vendor will provide the necessary
goods and services to establish an automated system ("FTA System") whereby
information regarding violators subject to the provisions of Texas Transportation
Code Chapter 706 may be accurately stored and accessed by the TDPS.
Utilizing the FTA System as a source of information, the TDPS may deny
renewal of a driver license to a person who is the subject of an FTA System
entry.
Each local political subdivision contracting with the TDPS will pay monies to the
Vendor based on a fee certain established by this Contract. The TDPS will make
no direct or indirect payments to the Vendor. The Vendor will ensure that
accurate information is available to the TDPS, political subdivisions and persons
seeking to ctear their licenses at ali reasonable times.
III. Definitions
"Complaint" means notice of an offense as defined in Article 27.14(d) or Article
45.019, Code of Criminal Procedure.
"Department" or "TDPS" means the Texas Department of Public Safety.
"Failure to Appear Program" or "FTA Program" refers to the implementation
efforts of alt parties, including those system components provided by the TDPS,
local political subdivisions and the Vendor, including the FTA System.
"Failure to Appear System" or "FTA System" refers to the goods and services,
including all hardware, software, consulting services, telephone and related
support services, supplied by the Vendor,
"FTA Software" refers to computer software developed or maintained now or in
the future by the Vendor to support the FTA System.
"Originating Court" refers to the court in which an applicable violation has been
filed for which a person has failed to appear or failed to pay or satisfy a
judgement and which has submitted an appropriate FTA report.
"State" refers to the State of Texas.
"Locat political subdivision" refers to a city or county of the State of Texas, spec-i f±cally
in this contract, the City of Denton, Texas.
Unless otherwise defined, terms used herein shall have the meaning assigned by
Texas Transportation Code Chapter 706 or other relevant statute. Terms not
defined in this Contract or by other relevant statutes shall be given their ordinary
meanings.
IV. Governing Law
This Contract is entered into pursuant to Texas Government Code Chapter 791
and is subject to the laws and jurisdiction of the State of Texas and shatl be
construed and interpreted accordingly.
V. Venue
The parties agree that this contract is deemed performable in Travis County,
Texas, and that venue for any suit adsing from the interpretation or enforcement
of this Contract shall lie in Travis County, Texas.
Vi.
Application and Scope of Contract
This Contract applies to each FTA report submitted to and accepted by the TDPS
or the Vendor by the local political subdivision pursuant to the authority of Texas
Transportation Code Chapter 706.
Page 2 of 7
VII.
Required Warning on Citation for Traffic Law Violations
A peace officer authorized to issue citations within the jurisdiction of the local
political subdivision shall issue a written warning to each person to whom the
officer issues a citation for a traffic law violation. This warning shall be provided
in addition to any other warnings required by taw. The warning must state in
substance that if the person fails to appear in court for the prosecution of the
offense or if the person fails to pay or satisfy a judgement ordering the payment
of a fine and cost in the manner ordered by the court, the person may be denied
renewal of the person's driver license. The written warning may be printed on
the citation or on a separate instrument.
VIII. FTA Report
if the person fails to appear or fails to pay or satisfy a judgement as required by
law, the local political subdivision may submit an FTA report containing the
following information:
(1) the jurisdiction in which the alleged offense occurred;
(2) the name of the local political subdivision submitting the report;
(3) the name, date of birth and Texas driver license number of the
person who failed to appear or failed to pay or satisfy a judgement;
(4) the date of the alleged violation;
(5) a brief description of the alleged violation;
(6) a statement that the person failed to appear or failed to pay or
satisfy a judgement as required by law;
(7) the date that the person failed to appear or failed to pay or satisfy a
judgement; and
(8) any other information required by the TDPS.
There is no requirement that a criminal warrant be issued in response to the
person's failure to appear. The local political subdivision must make reasonable
efforts to ensure that all FTA Reports are accurate, complete and non-
duplicative.
IX,
Clearance Reports
The originating court that files the FTA Report has a continuing obligation to
review the report and promptly submit appropriate additional information or
reports to the Vendor or the TDPS. The clearance report shall identify the
person, state whether or not a fee was required, advise the TDPS to lift the
denial of renewal and state the grounds for the action. All clearance reports must
be submitted within five business days of the time and date that the originating
court receives appropriate payment or other information that satisfies the citizen's
obligation to that court.
Page 3 of 7
To the extent that a local political subdivision utilizes the FTA Program by
submitting an FTA Report, there is a corresponding obligation to collect the
statutorily required $30.00 administrative fee. tf the person is acquitted of the
underlying offense for which the original FTA Report was filed, the originating
court shall not require payment of the administrative fee. The local political
subdivision shall submit a clearance report within five business days advising the
TDPS to lift the denial of renewal and identifying the grounds for the action.
The local political subdivision must promptly file a clearance report upon payment
of the administrative fee and:
(1) the perfection of an appeal of the case for which the warrant of
arrest was issued or judgement arose;
(2) the dismissal of the charge for which the warrant of arrest was
issued or judgement arose;
(3) the posting of a bond or the giving of other security to reinstate the
charge for which the warrant was issued;
(4) the payment or discharge of the fine and cost owed on an
outstanding judgement of the court; or
(5) other suitable arrangement to pay the fine and cost within the
court's discretion.
The TDPS will not continue to deny renewal of the person's driver license after
receiving notice from the local political subdivision that the FTA report was
submitted in error or has been destroyed in accordance with tocal political
subdivision's record retention policy.
Compliance with Law
The local political subdivision understands and agrees that it will comply with all
local, state and federal laws in the performance of this Contract, including
administrative rules adopted by the TDPS.
Xl.
Accounting Procedures
An officer collecting fees pursuant to Texas Transportation Code §706.006 shall
keep separate records of the funds and shall deposit the funds in the appropriate
municipal or county treasury. The custodian of the municipal or county treasury
may deposit such fees in an interest-bearing account and retain the interest
earned thereon for the local political subdivision. The custodian shall keep
accurate and complete records of funds received and disbursed in accordance
with this Contract and the governing statutes.
Page 4 of 7
The custodian shall remit $20.00 of each fee collected pursuant to Texas
Transportation Code {}706.006 to the Comptroller on or before the last day of
each calendar quarter and retain $10.00 of each fee for payment to the Vendor
and credit to the general fund of the municipal or county treasury.
XII.
Payments to Vendor
The TDPS has contracted with OmniBase Services of Texas, LLP. ("Vendor"), a
corporation organized and incorporated under the laws of the State of Texas,
with its principal place of business in Austin, Texas, to assist with the
implementation of the FTA Program.
Correspondence to the Vendor may be addressed as follows:
OmniBase Services of Texas, LLP.
7320 N. MoPac Suite 310
Austin, Texas 78731
(5t2) 346-6511 ext. 100; (512) 346-9312 (fax)
The local political subdivision must pay the Vendor a fee of $6.00 per person for
each violation which has been reported to the Vendor and for which the local
political subdivision has subsequently collected the statutorily required $30.00
administrative fee. In the event that the person has been acquitted of the
underlying charge, no payment will be made to the Vendor or required of the
local political subdivision.
The parties agree that payment shall be made by the local political subdivision to
the Vendor no later than the last day of the month following the close of the
calendar quarter in which the payment was received by the local political
subdivision.
Xlll,
Litigation and Indemnity
In the event that the local political subdivision is aware of litigation in which this
Contract or Texas Transportation Code Chapter 706 is subject to constitutional,
statutory, or common-law challenge, or is struck down by judicial decision, the
local political subdivision shall make a 9cod faith effort to notify the TDPS
immediately.
Each party may participate in the defense of a claim or suit affecting the FTA
Program, but no costs or expenses shall be incurred for any party by the other
party without the other parties written consent.
To the extent authorized by law, the local political subdivision agrees to
indemnify and hold harmless the TDPS against any claims, suits, actions,
damages and costs of every nature or description arising out of or resulting from
Page 5 of 7
the performance of this Contract, and the local political subdivision further agrees
to satisfy any final judgement awarded against the local political subdivision or
the TDPS arising from the performance of this Contract, provided said claim, suit,
action, damage, judgement or related cost is not attributed by the judgement of a
court of competent jurisdiction to the sole negligence of the TDPS.
It is the agreement of the parties that any litigation involving the parties to this
Contract may not be compromised or settled without the express consent of the
TDPS, unless such litigation does not name the TDPS as a party.
This section is subject to the statutory rights and duties of the Attorney General
for the State of Texas.
XlV.
Contract Modification
No modifications, amendments or supplements to, or waivers of, any provision of
this Contract shall be valid unless made in writing and executed in the same
manner as this Contract.
XV. Severability
If any provision of this Contract is held to be illegal, invalid or unenforceable
under present or future laws effective dudng the term hereof, such provision shall
be fully severable. This Contract shall be construed and enforced as if such
illegal, invalid or unenforceable provision had never comprised a part hereof, and
the remaining provisions shall remain in full force and effect and shall not be
affected by the illegal, invalid or unenforceable provision or by its severance
therefrom.
XVl.
Multiple Counterparts
This agreement may be executed in a number of identical counterparts, each of
which shall be deemed an original for all purposes and all of Which constitutes,
collectively, one agreement. But, in making proof of this agreement, it shall not
be necessary to produce or account for more than one such counterpart.
XVil. Effective Date of Contract
This contract shall be in effect from and after the date that the final signature is
set forth below. This contract shall automatically renew on a yeady basis.
However, either party may terminate this agreement upon thirty dates written
notice to the other party. Notice may be given at the following addresses:
Page 6 of 7
Local Political Subdivision
'City Ms~ager
~-y of Denton
i~215. East. McKi6ney
Denton, TX 76201
Texas Department of Public Safety
Project Administrator, FTA Program
5805 North Lamar Boulevard
Austin, Texas 78773-0001
(512) 424-5948 (fax)
Notice is effective upon receipt or three days after deposit in the U.S. mail,
whichever occurs first. After termination, the local political subdivision has a
continuing obligation to report dispositions and collect fees for all violators in the
FTA System at the time of termination.
TEXAS DEPARTMENT OF
PUBLIC SAFETY
LOCAL POLITICAL SUBDIVISION*
CITY OF DENTO~
Tom Haas
Chief of Finance
Authorized Signature
Date Title
Date
ATTEST:
JENNIFER WALTERS,
BY:
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L ~ PROUT¥, CITY ATTORNEY
Page 7 of 7
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
AGENDA INFORMATION SHEET
August 17, 2004
Airport and Transit Operations
Jon Fortune, Assistant City Manager
SUBJECT
Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal Agreement
between the City of Denton and Texas Woman's University to provide for off-campus motor carrier
passenger service for TWU students, staff and faculty; and providing for an effective date.
BACKGROUND
On August 20th 2002 the City of Denton entered into an interlocal agreement with Texas
Woman's University (TWU) to provide public motor carrier transportation services to TWU
students staff and faculty. This agreement, Ordinance 2002-253, was an extension of a one-year
pilot program started in 2001, and was extended again for FY 2004.
The proposed agreement is an amendment to the original 2002-2003 agreement that will provide
two installments totaling $10,080 for transit services. This fee is based on the number of trips
provided to TWU Student, Staff and faculty during the term of the 2003-2004 agreement. The
basis for the fee is a 30% discount of the base fare of $1.00 and based on the volume of rides
generated; other transit authorities offer similar agreements to corporations and large employers
purchasing group fares. Discount rates are also provided to riders using LINK's monthly pass.
A similar agreement has been in place with UNT for the past three years. The amendment also
provides language for a potential adjustment to the fee at the end of the year when a final count
of ridership can be provided.
PRIOR ACTION/REVIEW
The City Attorney's Office drafted the amendment and staff recommends approval of the
proposed amendment to the 2002-03 interlocal agreement.
ESTIMATED SCHEDULE OF PROJECT
The term of this agreement will be for twelve months, September 1, 2004 through August 31,
2005.
FISCAL INFORMATION
This agreement is estimated to generate $10,080 for transit services that will be provided to
TWU during the term of the agreement.
EXHIBITS
Ordinance
Interlocal Agreement
Respectfully submitted:
Mark Nelson, Director
Airport and Transit Operations
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WOMAN'S UNIVERSITY
TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE FOR TWU STUDENTS,
STAFF AND FACULTY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Texas Woman's University ("TWU") and the City have entered into an
lnterlocal Agreement effective September 1, 2002 to provide to TWU's students, staff and faculty
motor cartier passenger service based on an annual fee (the "Existing Agreement"); and
WHEREAS, on September 1, 2003 the CITY and TWU amended and extended the Existing
Agreement for a second year; and
WHEREAS, the City and TWU desire to amend and extend the Existing Agreement for third
year; and
WHEREAS, the City Council finds that such service is in the public interest; NOW,
THEREFOR;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Mayor, or in her absence the Mayor ProTem, is hereby authorized to
execute an Interlocal Agreement between the City of Denton and TWU to extend the Existing
Agreement to provide for motor carder passenger service for TWU students, staff, and faculty, in
substantially the form of the copy of the agreement attached hereto and incorporated by reference
herein.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINEBROCK, MAYOR
BY:
APPROVED AS TO LEGAL FO~M:
HERBER~,~TTORNEY
INTERLOCAL AGREEMENT
THIS AGREEMENT is made and entered into to be effective as of the 1st day of
September, 2004, by and between the CITY OF DENTON, a Texas municipal corporation,
hereinafter referred to as CITY and TEXAS WOMAN'S UNIVERSITY, a Texas State
University, hereinat~er referred to as TWU.
WHEREAS, the CITY provides mass transportation passenger motor career service
within the city limits of the CITY under the name "LINK"; and
WHEREAS, the CITY and TWU entered into that certain Interlocal Agreement dated
effective September 1, 2002 to provide for off-campus passenger motor carrier service for/ts
students, staff and faculty (the "Existing Agreement"); and
WHEREAS, on September 1, 2003 the CITY and TWU amended and extended the
Existing Agreement for a second year; and
WHEREAS, the CITY and TWU desire to amend and extend the Existing Agreement for
a third year under the terms and conditions contained herein; and
WHEREAS, all payments for services under this agreement are made from current
revenues of the paying party and fairly compensate the performing party for the services provided
for herein; and
WHEREAS, this Interlocal Agreement is in the public interest;
NOW, THEREFORE, CITY and TWU, in consideration of the mutual covenants
hereinafter expressed, agree as follows:
ARTICLE ONE
1.0
This agreement amends and extends the Existing Agreement to be effective September 1,
2004 through August 31, 2005 (the "Third Year"). The fee for the bus service for the
Third Year will be increased to $10,080, based on increased ridership. The fee is based
on a projection of 14,400 rides at $0.70 per fide. The Fee will be paid in two equal
installments, the first installment to be paid to the CITY no later than 30 days after TWU
has been notified in writing that this agreement has been approved by the City Council
The second installment is to be paid no later than February 15, 2005. Should the total
number of rides be greater than 120% or less than 80% of 14,400 the Fee will be
increased or reduced by $0.70 per ride over or under 14,400, as the case may be (the
"Adjustment'.'). The Adjustment, if any, will be paid or reimbursed no later than October
31, 2005. The CITY will provide written records justifying and supporting the
Adjustment no later than September 30, 2005. Should a termination of this agreement
1.2
occur under Article Two of the Existing Agreement, then TWU will be entitled to a
prorated reimbursement for the portion of the agreement unfulfilled.
All other terms of the Existing Agreement not amended by this agreement shall remain in
full force and effect.
Signed to be effective the 1 st day of September, 2004.
CITY OF DENTON, TEXAS
BY:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Euline Brock, Brock
BY:
APPROVED AS TO FORM:
HERBE~~ORNEY
BY: ~ ~///
TEXAS WOMAN'S UNIVERSITY
BY:
Brenda Floyd
Vice President for
Finance & Administration
PAGE 2
AGENDA INFORMATION SHEET
AGENDA DATE: August 17, 2004
DEPARTMENT:
CM/DCM/ACM:
Airport and Transit Operations
Jon Fortune, Assistam City Manager
SUBJECT
Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal Agreement
between the City of DeNon and University of North Texas to provide for off-campus motor
carrier passenger service for UNT studems, staff and faculty; and providing for an effective date.
BACKGROUND
On March 6, 2001 Council approved Ordinance 2001-100 providing for a multi-year interlocal
agreement between UNT and the City of Denton to provide public motor carrier transportation
services to UNT studems staff and faculty. The number of riders during the first year of this
program far exceeded both UNT and LINK's expectations.
To ensure the continued success and future growth of the program it was agreed that the multi-
year contract be renegotiated to a one-year contract amendment to address the implementation of
additional services each year. The proposed amendment for FY 05 establishes a total payment of
$29,400 for transit services provided on LINK's fixed route system. This fee is based on the
estimated number of trips provided to UNT Student, Staff and faculty during the term of the
2003-2004 agreemem. The basis for the fee is a 30% discoum of LINK's base fare of $1.00 and
is based on the volume of rides generated; other transit authorities offer similar agreements to
corporations and large employers purchasing group fares. Discount rates are also provided to
riders using LINK's monthly pass. A similar agreement has been in place with TWU for the past
three years. The amendment also provides language for a potential adjustment of the fee at the
end of the year when a final coum of ridership can be provided.
PRIOR ACTION/REVIEW
The City Attorney's Office drafted the amendmem and staff recommends approval of the
proposed amendment to the interlocal agreement.
ESTIMATED SCHEDULE OF PROJECT
The term of this agreement will be for twelve (12) months, retroactive to August 15, 2004
through August 14, 2005.
FISCAL INFORMATION
This agreement is estimated to generate $29,400 for transit services that will be provided to UNT
during the term of the agreement.
EXHIBITS
Ordinance
Interlocal Agreement
Respectfully submitted:
Mark Nelson, Director
Airport and Transit Operations
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON AND UNIVERSITY OF NORTH TEXAS
TO PROVIDE FOR OFF CAMPUS MOTOR CARRIER PASSENGER SERVICE FOR UNT
STUDENTS, STAFF AND FACULTY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the University of North Texas ("UNT") and the City have entered into an
Interlocal Agreement effective August 20, 2002 and extended August 15, 2003 to provide to UNT's
students, staff and faculty off campus motor carder passenger service based on an annual fee (the
"Existing Agreement'); and
WHEREAS, the City and UNT desire to amend and extend the Existing Agreement for a
fourth year year; and
WHEREAS, the City Council finds that such service is in the public interest; NOW,
THEREFOR;
THE COUNCIL OF TIlE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Mayor, or in her absence the Mayor ProTem, is hereby author/zed to
execute an Interlocal Agreement between the City of Denton and UNT to extend the Existing
Agreement to provide for off campus motor carrier passenger service for UNT students, staff, and
faculty, in substantially the form of the copy of the agreement attached hereto and incorporated by
reference herein. This approval is retroactive to the effective date of the attached Interlocal
Agreement.
SECTION 2. 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:
APPROVEI AS~ LEGAI~ FORM:
HERB~~.~Y ~ORNEY
BY: ~
S:\Our Documents\Contmcts\04\UNT Bus 4th year. DOC
INTERLOCAL AGREEMENT
THIS AGREEMENT is made and entered into to be effective as of the 15th day of
August, 2004, by and between the CITY OF DENTON, a Texas municipal corporation,
hereinafter referred to as CITY and UNIVERSITY OF NORTH TEXAS, a Texas State
University, hereinafter referred to as UNT.
WHEREAS, the CITY provides mass transportation passenger motor carrier service
within the city limits of the CITY under the name "LINK"; and
WHEREAS, the CITY and UNT entered into that certain Interlocal Agreement dated
August 20, 2002 to provide for off-campus passenger motor carrier service for its students, staff
and faculty, which was extended on August 15, 2003 (the "Existing Agreement");
WHEREAS, the CITY, McDonald Transit and UNT entered into an Interlocal Agreement
on July 16, 2003 to provide for on-campus passenger motor carrier service for UNT's students,
staff and faculty which was extended effective August 1, 2004 (the "On-Campus Agreement")
which provides for services in addition to the Existing Agreement; and
WHEREAS, the CITY and UNT desire to amend and extend the Existing Agreement for
a fourth year under the terms and conditions contained herein; and
WHEREAS, all payments for services under this agreement are made from current
revenues of the paying party and fairly compensate the performing party for the services provided
for herein; and
WHEREAS, this Interlocal Agreement is in the public interest;
NOW, THEREFORE, CITY and UNT, in consideration of the mutual covenants
hereinafter expressed, agree as follows:
ARTICLE ONE
1.0
This agreement amends and extends the Existing Agreement to be effective as of August
15, 2004 through August 14, 2005 (the "Fourth Year"). UNT agrees to pay the CITY an
annual fee for off-campus UNT student, staff and faculty ridership in the sum of
$29,400.00 for the Fourth Year (the "Fourth Year Fee''). The Fourth Year Fee is based
on a projection of 42,000 rides at $0.70 per fide. The Fourth Year Fee shall be due and
payable to the CITY in two equal annual installments no later than October 15, 2004 and
February 15, 2005. Should the total number of rides be greater than 120% or less than
80% of 42,000 the Fourth Year Fee will be increased or reduced by $0.70 per ride over or
under 42,000, as the case may be (the "Adjustment"). The Adjustment, if any, will be
paid or reimbursed no later than October 31, 2005. The CITY will provide written
records justifying and supporting the Adjustment no later than September 30, 2005. In
exchange, the CITY shall permit all UNT students, staff and faculty to ride on the LINK
system as outlined on the most current system map, on an unlimited basis by displaying a
valid UNT student, staff or faculty identification to the LINK's bus drivers upon entering
a bus.
1.2
At all reasonable times UNT shall be entitled to audit the records of the CITY. However,
in no event shall this provision permit UNT to withhold payment of the Fourth Year Fee.
ARTICLE TWO
2.0
This agreement represents the entire and integrated agreement between CITY and UNT
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.
This agreement is separate and apart from the On-Campus Agreement.
2.1
It is understood and agreed by the parties that if any part, term, or provision of this
contract is held by the courts to be illegal or in conflict with any law of the state where
made, the validity of the remaining portions or provisions shall not be affected, and the
rights and obligations of the parties shall be construed and enforced as if the contract did
not contain the particular part, term, or provision held to be invalid.
Signed this day of ,2004.
UNIVERSITY OF NORTH TEXAS
CITY OF DENTON
By:
Phillip C. Diebel
Vice President for Finance and
Business Affairs
ATTEST:
By:
Euline Brock
Mayor
ATTEST:
City Secretary,
City of Denton
PAGE 2
APPROVED AS TO LEGAL FORM
Director of Contracts Administration
By:
APPROVED AS TO LEGAL FORM
Herbert L. Prouty, City Attorney
By:
PAGE 3
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
August 17, 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 comract
for the purchase of Polymer Concrete Pull Boxes for DeNon Municipal Electric; providing for
the expenditure of funds therefore; and providing an effective date (Bid 3190-Concrete Polymer
Pull Boxes awarded to Techline, inc. in the estimated amoum of $72,590).
BID INFORMATION
This bid is for the annual contract to supply Polymer Concrete Pull Boxes for Denton Municipal
Electric. These items are carried in the Warehouse working capital invemory for easy access.
RECOMMENDATION
We recommend that this bid be awarded to the lowest responsive bidder, Techline, inc. in the
estimated amoum of $72,590. The apparem low bidder, Wesco Distribution, qualified their bid
by including a 10 percem minimum order fee for orders less than $6500.
PRINCIPAL PLACE OF BUSINESS
Techline, inc.
Fort Worth, TX
ESTIMATED SCHEDULE OF PROJECT
This price agreemem 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 accoum and charged
back to the using department.
Agenda Information Sheet
August 17, 2004
Page 2
Attachment 1: Bid Tabulation
1-AlS-Bid 3190
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Bid' 3190 Attachment 1
Date' 07/27/04
Annual Contract for Polymer Concrete Pull Boxes
I/ Stuart C. [rby
Hughes Supply [nc. Wesco Distribution Techline, [nc. Company
IPrinciple Place of Business: Corinth, TX Fort Worth, TX Fort Worth, TX Fort Worth, TX
~ Polymer Concrete
~ Pull Box 4 ft. x 8
I I 25 54070755 ft. x 4 ft. $2,720.00 $2,737.90 $2,638.00 $2,788.00
~ w/Torsion Assist
Lids
~ Manufacturer A 60/~rln~ z~ r9c_l.a~ tp 4~8 M T CDR A 60/~rln~ z~ r9c_l.a~ tp 4~8 M T F~:~v~8Bsa2S~F~7
~ Polymer Concrete
~ Pull Box 3 ft. x 5
I 2 5 54070750 ft. x 4 ft. $1,370.00 $1,483.90 $1,328.00 $1,730.00
~ w/Torsion Assist
Lids
~ Manufacturer A 60/~ rln~ ~ r3~TaAS~( 4~8 M T CDR A 60/~rlr ~ :°3 r3c. Ta~( 4~8 M T FcN~3w66B~)z~isSA~ 4
TOTALS $74,8so.oo $75,867.00 $72,590.00 $78,:350.00
Shipment 21-28 Days 30 Days 10-15 Days 5 - 7 Wks / 1-2 Days
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF POLYMER CONCRETE PULL BOXES FOR DENTON
MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE (BID 3190-CONCRETE POLYMER PULL BOXES
AWARDED TO TECHLINE, INC. IN THE ESTIMATED AMOUNT OF $72,590).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipmem, supplies or services in accordance with the procedures of State
law 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, equipmem, 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, equipmem, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials,
equipmem, supplies, or services, shown in the "Bid Proposals" on file in the office of the City
Purchasing Agem, are hereby accepted and approved as being the lowest responsible bids for such
items:
BID ITEM
NUMBER NO VENDOR AMOUNT
3190 1,2 Techline, 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, quamities and for the specified sums comained 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 represemative is hereby
authorized to execute the written contract and to extend the contract as determined to be
advamageous to the City of DeNon which shall be on file in the office of the Purchasing Agem;
provided that the written contract is in accordance with the terms, conditions, specifications,
standards, quantities and specified sums contained in the Bid Proposal and related documents herein
approved and accepted.
SECTION 4. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
__ day of ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-BID 3190
Bid' 3190 Exhibit A
Date' 07/27/04
Annual Contract for Polymer Concrete
Principle Place of Business: Fort Worth, TX
Polymer Concrete
Pull Box 4 ft. x 8
I 25 54070755 ft. x 4 ft. $2,638.00
w/Torsion Assist
Lids
Armorcast #
Manufacturer
A6001449TAP48MT
Polymer Concrete
Pull Box 3 ft. x 5
2 5 54070750 ft. x 4 ft. $1,328.00
w/Torsion Assist
Lids
Armorcast #
Manufacturer
A6001833TAX48MT
TOTALS ,72, s9o.oo
Shipment lO-lS Days
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
August 17, 2004
Materials Management
Kathy DuBose ~
Questions concerning this
acquisition may be directed
to Jim Coulter 349-7194
SUBJECT
Consider adoption of an Ordinance approving the expenditure of funds for the purchase of video
cameras and comrollers for the City of DeNon Traffic Comrol Departmem; available from only
one source in accordance with the provision for State Law exempting such purchases from
requiremems of competitive bids; and providing an effective date (File 3197-Purchase of Video
Cameras/Controllers for Traffic Signals to Paradigm Traffic Systems, Inc. in the amount of
$61,640.10).
BID INFORMATION
This bid is for the purchase of video cameras and comrollers for the City of DeNon Traffic
Control Department to match existing cameras and controllers utilized to balance traffic flow
through high volume imersections. These units will be installed along University Drive at Elm
Street, Locust Street, Bell Street, Ruddell Street, Nottingham Street, Old North Road and Loop
288. Traffic Control currently uses only Econolite Solo Pro video cameras and Econolite
controllers because of system compatibility. Other controller and video manufactured products
are not able to link up and communicate with our master controller system and software
packages.
Paradigm Traffic System, Inc. is the exclusive distributor of Econolite Comrol Products in the
State of Texas; therefore, this is a sole source acquisition.
RECOMMENDATION
We recommend award of this item to Paradigm Traffic Systems, Inc. in the amount of
$61,640.10.
PRINCIPAL PLACE OF BUSINESS
Paradigm Traffic Systems, Inc.
Fort Worth, TX
ESTIMATED SCHEDULE OF PROJECT
This item can be delivered and installed within 30-45 days of receipt of an order.
Agenda Information Sheet
August 17, 2004
Page 2
FISCAL INFORMATION
This item will be funded from account 360032440.1350.43510.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1:
Attachment 2:
1 -AlS-File 3197
Quotation from Paradigm Traffic Systems, Inc.
Sole Source Letter
(817) 831-9406 ph
(817) 831-9407 fx
Attachment 1
PARADIGM
TRAFFIC SYSTEMS, INC.
P.O. Box 14509
Ft. Worth, TX 76117
QUOTA TION
TO; City of Denton
801 Texas SWeet
Denton, TX 76209
attn: Scot~ Wilson
~: ~40-349-8~91
tax; )40-349-7307
RFQ: Verbal
Thank you for the oppomm~ty to submit a proposal to you
on this equipmen~ Please reference this quotation (by
QTE number) when placin~ order. If you have any
questions please ca~ or send a fax to me.
This quote is valid for 60 days. Thereafter it is subject to
chan~e without notice.
7/12/2(X~ dW 343-4~,,,Days AROI ]PPD & .a~owea Best Way D~ ~t 30 Q5~0W
ITEM Q~ ~SCRIPTION PRICE TOTAL
ASC/2S2100 ~ntmller w/RS232 $2,~ 00.00 ~,300.~
I
3
Eco~l~e
2 3 Hartke "D" H~ for Eco~lffe Controller Conve~n $54.00 $162.~
3 1 Eeo~i~e AS~2M1000 Ma~er ~nt~ler w/RS232 $2,560.00 ~2,660.~
4 I Pa~di~ Master "y" Cebte for Master Controller $33.00 $~.~
5 1 3~ ~1o Pm Video ~tmlion ~e~ ~o: $12,~9.00 $12,459.~
3 3~ Solo Pm M~ ~mera
3 ~ 60' So;o Pm MVP C~le
3 ~ ~mora B~cket, Petco (AS~166~2)
1 1 ~ Mini~Hub il ~ble Sets
1 1 ~ ~m_ I~edace Pa~l (ACtP~)
I 1 ~ ACiP Power Panel
I 1~ M~nLHub il
1 1 ~ ~n~tallat~on A~i~e
6 ~ I ~ Solo Pm ~d~ ~t~tlon System= cio: $15,986.00 $15,986.10
4 4~ Solo Pm MVP Camera
4 4~ ~' Solo Pro MVP ~bie
4 4~ ~me~ B~ck~, Palco (AS~166~2)
I 1 ~ Mini-Hub Ii ~b~e
1 1 ~ ~m. I~eHace Panel (ACIP-4)
t 1 ~ ACIP Power Panel
t I~ Mini-Hub II
I 1~ Ins~llation ~i~a~e
7 1 ~mem Solo Pm Vld~ ~t[on Sy~ems ~o: $23,470.00 $23,470.00
6 6~ ~1o Pro MVP ~mera
6 6aa 60' Solo Pm MVP Cable
[ 6 6~ Camo~ B~cket, Pei~ (AS~166~2)
[ 1 1 ~ Mini-Hub II ~bte Sins
1 1 ~ Mini-Hub I/F ~ble
2 2~ ~m. tnteda~ Panel (ACiP~)
1 1 ~ ACIP Powe~ Panel
1 1 ~ Mini-Hub II
~ 1 1 ~ Installation Assi~ance
8 1000 10~' ~ ~6 PR SHLD ~mmunication ~ble for Solo $0.75
..... .. .... .. I TOT~ ~,$40.1~
Attachmeut 2 ·
Ndday, ]uly 09, 2004
Karaa Sa~th
~01 T~xaa Stmat
Denton, TX 76201
940-349,-7302
This lm~ is M ineofln the C~ ~~ ~ ~ Traffic S_yatm~.,, is ~ ~chive
~m ~~'s ~. I ~ ~ ~.~ ~"~ ~ ~ if~ ~ ~
Pm'sdism Traffic Systems
817-233-9851
P.O. Box 14509 ~ Fort Worth - Texas - 76117 - 817.831,9406 - f~x 817,831,9407 - www. paradigmtraffic.com
ORDINANCE NO.
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE
OF VIDEO CAMERAS AND CONTROLLERS FOR THE CITY OF DENTON TRAFFIC
CONTROL DEPARTMENT; AVAILABLE FROM ONLY ONE SOURCE IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN
EFFECTIVE DATE (FILE 3197-PURCHASE OF VIDEO CAMERAS/CONTROLLERS FOR
TRAFFIC SIGNALS TO PARADIGM TRAFFIC SYSTEMS, INC. IN THE AMOUNT OF
$61,640.10).
WHEREAS, Section 252.022 of the Local Government Code provides that procurement
of items that are only available from one source, including; items that are only available from
one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases;
captive replacement parts or components for equipment; and library materials for a pubhc library
that are available only from the persons holding exclusive distribution rights to the materials;
need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in
the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following purchase of materials, equipment or supplies, as
described in the "File Number" listed hereon, and on file in the office of the Purchasing Agent,
and the license terms attached hereto are hereby approved:
FILE
NUMBER VENDOR AMOUNT
Paradigm Traffic Systems, Inc.
3197 $61,640.10
SECTION 2. That the acceptance and approval of the above items shall not constitute a
contract between the City and the person submitting the quotation for such items until such
person shall comply with all requirements specified by the Purchasing Department.
SECTION 3. That the City Manager is hereby authorized to execute any contracts
relating to the items specified in Section I and the expenditure of funds pursuant to said contracts
is hereby authorized.
SECTION 4. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-File 3 t 97
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
August 17, 2004
Parks and Recreation
Howard Martin, 8232
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of a music
festival, The No Name Fest, conducted by Creatures for Awareness, in the parking lot
located behind Lucky Lou's at 1207 W. Hickory, on Saturday, August 28, 2004, from
2:00 p.m. to 9:00 p.m. The exception is specifically requested for an increase in the
maximum allowable decibels for an outdoor music festival.
BACKGROUND
Brook Ray, with Creatures for Awareness, has submitted a request for an increase in the
noise level from 70 to 75 decibels. Creatures for Awareness had a concert earlier in the
year at the North Texas Fairgrounds without any incidents. The organization wants to
have a second concert at Lucky Lou's to showcase local music to new college students.
Amplified sound will be used for both music and public announcements.
The organization will distribute flyers in the surrounding neighborhood and businesses
encouraging people to contact them if noise level becomes a problem.
PRIOR ACTION/REVIEW (Council, Boards or Commissions)
None
FISCAL INFORMATION
None
EXHIBITS
Request Letter from Brook Ray
Prepared By:
Janie McLeod, Community Events Coordinator
Janet Simpson
Director of Parks and Recreation
Creatures for Awareness
1605 Bardfield
Garland, TX 75041
May 27, 2004
To the Mayor and Members of the City Council:
Creatures tbr Awareness the group ti~at brougi~t you Wake Up 04 is planning a fi-ee on
day festival between tile hours of 2pm and 9~m in Saturday ~ugust 28~h,
The festival will be title tile No Name Fest m~d will be flee to the public and held in the
parking lot behind Lucky Lou's and Riprocks on Hickory St.
Our goal with this festival is to showcase some of Denton's best-recognized bands to the
new citizen~ in an attempt to liven them with a sense of community and belonging that
is not strictly based on orga~zational lines~
We are requesting a 5dba increase in the noise limit increasing the limit from 70dba to
75dba,
In hopes ofdivefling as much work from the local city offices, mainly the Police
Depa~ment, we will be dispersing flyers to local residents and businesses outlining our
plans and requesting any complaints be filed towards me, RJ ,AveD' or Brooke Ray at our
respective numbers.
Thanks for your time and consideration.
940/'594-1339
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
August 17, 2004
Planning and Development Department
Jon Fortune, Assistant City Manager
SUBJECT - SI04-0018 (Oak-Hickory Historic DistricO
Hold a public hearing and consider adoption of an ordinance amending Subchapter 35.7
(Special Purpose and Overlay Districts) of the DeNon Developmem Code. The Planning
and Zoning Commission recommends approval (6-0).
BACKGROUND
Applicam: City of DeNon
With the adoption of the Developmem Code February 2002, City Council approved
Subchapter 35.7 - Special Purpose and Overlay Districts. This subchapter refers to the
creation and maintenance of special districts such as historic preservation districts.
The Planning and Zoning Commission held a public hearing on June 23, 2004 and made
a recommendation to City Council to incorporate the Oak-Hickory Historic District text
from the City Code of Ordinances imo Subchapter 35.7 of the DeNon Developmem
Code.
Staff has determined that additional text from the City Code of Ordinances should also be
incorporated into Subchapter 35.7. The additional text refers to the process of creating a
historic landmark and a historic district.
The Planning and Zoning Commission held a second public hearing on July 28, 2004 to
include the additional text regarding historical landmarks and the process for creating an
historic district. The Commission recommended approval (6-0).
OPTIONS 1. Approve as submitted.
2. Deny.
3. Postpone consideration.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommended approval (6-0).
ESTIMATED PROJECT SCHEDULE
N/A
PRIOR ACTION/REVIEW
N/A
ATTACHMENTS 1. Staff'Analysis
2. Oak-Hickory Historic District Map
3. Minutes from the June 23, 2004 Planning and Zoning Commission Meeting
4. Minutes from the July 28, 2004 Planning and Zoning Commission Meeting
5. Draft Ordinance
Prepared by:
Stephen Cook, AICP
Planning Policy Coordinator
Respectfully submitted:
Kelly Carpenter, AICP
Director of Planning and Development
ATTACHMENT 1
Staff Analysis
On June 23, 2004, the Planning and Zoning Commission held a public hearing to amend
Subchapter 35.7 of the Denton Development Code. The amendment included
incorporation of the Oak-Hickory Historic District text from the City Code of Ordinances
to Subchapter 35.7 of the Denton Development Code. The Planning and Zoning
Commission recommend approval (6-0).
Upon further review, staff determined that the text outlining the procedures for
determining a historic landmark and designating a historic district should also be
incorporated in Subchapter 35.7 of the Denton Development Code.
On July 28, 2004, the Planning and Zoning Commission held a second public hearing
further amending Subchapter 35.7 to incorporate language on Historic Landmark and
Historic District procedures. The Planning and Zoning recommend approval (6-0).
Definitions
The following definitions
regulations.
are meant to clarify the
difference between the various
Historic Landmark - Any structure or site or area may be designated as a historic
landmark. Usually this is limited to an individual site.
Historic District - An overlay district that adds additional regulations above and beyond
the limitations as defined by zoning. Historic districts may be applied to multiple
properties within an area. Historic districts must be approved by the City Council.
Regulations within historic districts may restrict the design, color, materials and other
such elements to structures and sites within their boundaries. Changes to structures or
sites within historic districts must apply and be issued a certificate of appropriateness by
the Historic Landmark Commission.
Historic Conservation District - An overlay district similar to the historic district, but
differs in that some of the sites or structures may not be historically germane to a
particular style or architectural period. The conservation district, once established,
usually is not as stringent as the regulations of a historic district.
Regulations
The Historic Landmark and Historic District Ordinances provide the policy and
procedures for establishing Historic Districts and for the issuance of Certificates of
Appropriateness from the Historic Landmark Commission. The Oak-Hickory Historic
District is a specific area as bounded by the area shown in Attachment 2.
Notifications
The proposed amendment does not add any new regulations, restrictions or substantial
modifications to the historic landmark, historic district and Oak-Hickory Historic District
text and is not subject to individual property owner notification. Notification of the
public hearing was published in the Denton Record Chronicle on Sunday, July 18~h as per
the normal public hearing notification requirements.
Staff Recommendation
Staff recommends approval of the amendment to the Development Code as submitted.
Incorporation of the Historic Landmark and Historic District texts into Subchapter 35.7
of the Developmem Code will achieve the following goals:
· Provide uniform location of land use and site design regulations within the Code,
thereby aiding enforcement of the regulation and,
· Update cross-references to Developmem Code subchapters, sections and
regulations, specifically references to the authority of the Historic Landmark
Commission (Section 35.4.3), Parking Standards (Subchapter 35.14), and Signs
and Advertising Devices (Subchapter 35.15).
The proposed Developmem Code amendmem does not modify the original adopted
Historic Landmark, Historic District or Oak-Hickory Historic District regulations.
Changes include only those subchapter and subsection cross-references identified above.
The Historic Landmark and Historic Districts general text will become Section 35.7.6,
the Historic Conservation District text will become 35.7.7, the Historic District text will
become 35.7.8, and the Oak-Hickory Historic District text will become Section 35.7.9 in
the Development Code.
Text Change in the DeNon Development Code - (Underlined text highlight
modifications)
?,5:?:,,6, ..................... His,toric,,,,L,andma,rk,?reservatiOn?n,d,,.His,tOric~.,Dis,triqts,?enera~ly ................
35.7.6.1 Declaration of policy
The city council hereby finds and declares as a matter of public policy that the protection enhancement,
preservation and use of h/storic landmarks is a public necessity and is required in the interest of culture,
prosperity, education and general welfare of the people. The purposes of th/s article are to:
A. Protect, enhance and perpetuate h/storic landmarks xvhich represent or reflect distinctive and
important elements of the city's and state's arch/tectural, archeological, cultural, social, economic,
ethaic and political h/story and to develop appropriate settings for such places.
B. Safeguard the city's historic and cultural heritage, as embodied and reflected in such h/storic
landmarks by appropriate regulations;
C. Stabilize and improve property v~Jues in such locations;
D. Foster civic pride in the beauty and accomplishments of the past;
E. Protect and enhance the city's attractions to tourists and visitors and provide incidental support
and stimulus to business and industry;
F. Strengthen the economy of the city;
G. Promote the use of h/storic landmarks for the culture, prosperity, education, and general welfare
of the people of the city and visitors of the city.
35.7.6.2
A.
Penalty
It shall be unla~vfu] to construct, reconstruct, structurally alter, remodel, renovate, restore,
demolish, raze or maintain any building, structure or land in an historic landmark designation in
violation of the provisions of this Subchapter, and the city in addition to other remedies, may
institute any appropriate action or proceedings to prevent such unlaxvful construction,
restoration, demolition, razing or maintenance to restrain, correct or abate such violation to
prevent any illegal act, business or maintenance in an about such premises.
Any person violating any provision of this article shall be guilt}- of a misdemeanor and shall be
punished as provided in Section 35.i.i0.4 of this Chapter.
35.7.6.3 Notices
Any notice required to be given under this Subchapter, if not actually delivered, shall be given by depositing the
notice in the United States mail, postage prepaid, addressed to the person or entity to xvhom such notice is to
be given at his last knoxvn address. When notice is required to be given to an oxvner of property, such notice,
delivered or mailed by certified or registered mail, may be addressed to such oxvner xvho has rendered his
property for city taxes as the oxvnership appears on the last approved city tax roll.
35.7.6.4
A.
Designation of landmarks
The city council may designate buildings, structures, sites, districts, areas and lands in the city as
historic landmarks and define, amend and delineate the boundaries thereof. The suffix "H" shall
indicate the zoning designation of those buildings, structures, sites, districts, areas and lands
xvhich the city council designates as historic landmarks. Such designation shall be in addition to
any other use designation established in this chapter. The zoning map shall reflect the designation
of an historic landmark by the letter "H" as a suffix to any other use designation established by
this chapter.
In making the designations as set forth in subsection A of this section, the city council shall
consider but shall not be limited to one (i) or more of the follo~ving criteria:
i. Character, interest or value as part of the development, heritage or cultural characteristics of
the city, state or the United States;
2. Recognition as a recorded state historic landmark, a nation~J historic landmark or entered
into the National Re,stet of Historic Places;
3. Embodiment of distinguishing characteristics of an architectural tsloe or specimen;
4. Identification as the xvork of an architect or master builder xvhose individual xvork has
influenced the development of the city;
5. Embodiment of elements of architectural design, detail, material or craftsmanship xvhich
represent a significant architectural innovation;
6. Relationship to other distinctive buildings, sites or areas xvhich are eligible for preservation
according to a plan based on architectural, historic or cultural motif;
7. Portr~_yal of the environment of a ~oup of people in an area of history characterized by a
distinctive architectural st}qe;
8. Archeolo~cal value in that it has produced or can be expected to produce data affecting
theories of historic or prehistoric interest;
9. Exemplification of the cultural, economic, social, ethnic or historical heritage of the ciD-,
state, or United States;
i0. Location as the site of a significant historic event;
i i. Identification xvith a person xvho significantly contributed to the culture and development of
the ciD-, state or United States;
i2. A building or structure that because of its location has become of value to a neighborhood,
community area or the ciD-;
13. Value as an aspect of community sentiment or public pride.
35.7.6.5
A.
Hearings
The city planning and zoning commission shall hold public hearings as provided for in V.T.C.A.,
Local Government Code ~ 211.007 to consider any h/storic landmark designation ordinance after
receiving a recommendation from the h/storic landmark commission. The notices provided for in
V.T.C.A., Local Government Code ~ 211.007 shall be sent to all owners of property which is
proposed for "H" designation as well as to the adjoining property owners specified in such
article.
With/n th/try (30) days after the heating, the city planning and zoning commission shall set forth
in writing its recommendation, including the findings of fact that constitute the basis for its
decision, and shall transmit its recommendation conceraing the proposed ordinance to the city
council along with the recommendation of the landmark commission.
35.7.6.6 Recording of decision
Upon passage of an Nstoric landmark designation ordinance by the city council, the city secretary shall file a
copy of the ordinance with the city and count}- tax assessors, together with a notice briefly stating the fact of
the designation, and shall send a copy of such notice to the owner of the affected property by certified mail.
35.7.6.7 Amendments
The regulations, restrictions and boundaries of this section naa)- from time to time be anaended, supplemented,
changed, modified or repealed. In case, hoxvever, of a xvritten protest against such change signed by the oxvners
of txventy (20) percent or more either of the area of the lots or land included in such proposed change or of the
lots or land immediately adjoining the change and extending txvo hundred (200) feet therefrom, such
anaendment shall not become effective except by the favorable vote of three-fourths of all members on the city
council.
35.7.6.8
A.
Exterior alterations and changes; minor exterior alteration, ordinary
maintenance; appeals; historic landmarks
Certificate of appropriateness. No person shall alter, change, construct, reconstruct, expand,
restore, remove or demolish an)- exterior architectural feature of a designated historic landmark
or alloxv the results of such action to be maint~Sned unless application is made in compliance xvith
this section for a certificate of appropriateness and such a certificate is granted. As used in this
Subchapter, the term "exterior architectural feature" shall include but not be limited to
architectural st~qe and general arrangement of such portion of the exterior of a structure as is
designed to be open to viexv from a public xvay. A certificate of appropriateness shall be obtained
prior to the issuance of an)- building permit, although the certificate of appropriateness reviexv
and building permit and other required permit reviexv processes naa)- be conducted
simultaneously. A certificate of appropriateness naa)- also be required for xvork not other~vise
requiring a building permit. The certificate of appropriateness shall be required in addition to, and
not in lieu of, an)- required building permit.
1. Application. Prior to commencement of an)- xvork, the oxvner shall file an application for a
certificate of appropriateness xvith the ciD- preservation officer. The application shall contain
such information as is requested from a form prepared by the preservation officer, the
provisions of xvhich have been approved by the ciD- attorney.
2. Determination of procedure. Upon receipt of an application for a certificate of
appropriateness, the preservation officer shall determine xvhether the application is to be
reviexved under the ordinary maintenance reviexv procedure, the minor exterior alteration
procedure or the standard procedure for certificate of appropriateness reviexv.
Ordinary maintenance. Ordinary maintenance shall be defined as the process of stabilizing
deteriorated or damaged architectural feature (including but not limited to roofing, xvindoxvs,
columns, and siding), and xvill include an)- xvork that does not constitute a change in design,
material, color or outxvard appearance, and include in-kind replacement or repair.
1. If the applicant is seeking a certificate of appropriateness to authorize only orchnary
maintenance, the preservation officer shall reviexv the application to determine xvhether the
proposed xvork complies xvith the regulations contained in tNs Subchapter and all applicable
ordinances and approve or deny the application xvithin five (5) days of its receipt.
2. If no action is taken xvitNn five (5) xvorkJng days, a certificate of appropriateness is deemed
to be approved. The applicant may appeal the preservation officer's decision to deny by
submitting to the preservation officer a xvritten request for appeal xvithin ten (t0) days of the
decision. The xvritten request for appeal starts the standard certificate of appropriateness
reviexv procedure by the historic landmark commission.
Minor exterior alteration. MSnor exterior alteration shall be defined as the installation of or
alteration to axvnlngs, fences, gutters and doxvnspouts; incandescent lighting fixtures; hardscaping
comprising more than txventy-five (25) percent of the front or side yard; restoration of ori~nal
architectural features that constitute a change from existing condition; painting of xvood or other
appropriate elements that constitutes a change in color from existing color; and additions and
changes not visible from any street to the rear of the main structure or to an accessory structure.
t. If the applicant is seeking a certificate of appropriateness to authorize only minor exterior
alterations, as defined in tNs section, the executive director of planning and development
sh~Jl reviexv the application to determine xvhether the proposed xvork complies xvith the
regulations contained in tNs Subchapter and all applicable ordinances and approve or deny
the application xvitNn five (5) xvorkJng days of its receipt.
2. If no action is taken xvitNn five (5) xvorkJng days of its receipt, a certificate of
appropriateness is deemed to be approved. The applicant may appe~J the decision to deny by
submitting to the executive director of planning and development a xvritten request for
appeal xvitNn ten (t0) days of the decision. The xvritten request for appeal starts the standard
procedure certificate of appropriateness reviexv by the historic landmark commission.
Standard procedure for certificate of appropriateness review.
t. If the applicant is seeking a certificate of appropriateness to authorize xvork that is not
ordinary maintenance or a minor exterior ~Jteration, the preservation officer shall for~vard
the application to the Nstoric landmark commission for reviexv. The commission shall deny,
approve, or approve xvith conditions any certificate of appropriateness application xvitNn
tNrty-five (35) days of receipt of a completed application. The Nstoric landmark commission
shall conduct a public hearing on the applications to alloxv applicants and interested persons
to present their vie~vs.
2. All decisions of the commission shall be in writing, stating its approve2 or the specific
reasons for denying or modi~ing any applications. A copy of the certificate shall be sent to
the applicant and a copy filed with planning and development department.
3. If a certificate of appropriateness has been approved by the historic landmark commission:
a. It shall issue the certificate to the applicant; and
b. If a building permit is required for the proposed work, a copy of the certificate of
appropriateness shall be forwarded to the building official.
4. If a certificate of appropriateness has been denied, the applicant may appeal the decision in
writing to the city council by filing a written notice with the city secretary within ten (10)
days of receiving notice of the denial.
5. After a final decision is reached denying a certificate of appropriateness, no further
applications may be considered for the subject matter of the denied certificate for one (1)
year from the date of the final decision unless:
a. The historic landmark commission waives the time limitation because the historic
landmark commission finds that there are changed circumstances regarding the property
sufficient to warrant a new hearing. A simple majority vote by the historic landmark
commission is required to ~ant the request for a waiver of the time limitation. If the
35.7.6.9
A.
historic landmark commission denies the request the applicant may appeal in xvriting to
the city council by filing xvritten notice xvith the city secretauT xvithin ten (10) days of
receiving the notice of the denial.
6. If final action has not been taken by the landmark commission xvithin sixty (60) days of the
preservation officer's receipt of the application:
a. The preservation officer shall issue a certificate of appropriateness to the applicant for
the proposed xvork; and
b. If aH other requirements of the city code are met and a building permit is required for
the proposed xvork, the building official shall issue a building permit to the applicant for
the proposed xvork.
Criteria for denial of certificate of appropriateness. A certificate of appropriateness must be
denied if there is a final decision that the proposed xvork xviH have an adverse effect on:
1. The external architectural features of the historic landmark;
2. The external architectural features of the properties in the block or in the historic district as a
xvhole; or
3. The future preservation, maintenance and use of the historic landmark and the historic
district.
Amendments to a certificate of appropriateness. A certificate of appropriateness may be
amended by submitting an application for amendment to the preservation officer. The
application shah then be subject to the standard certificate of appropriateness reviexv procedure.
Emergency procedure. If a landmark is damaged and the building official determines that the
landmark xvill suffer additional damage xvithout immediate repair, the building official may aHoxv
the property o~vner to temporarily protect the landmark. In such a case, the property o~vner shah
apply for a certificate of appropriateness ~vithin ten (10) days of the occurrence ~vhich caused the
damage. The protection authorized under this section must not permanently alter the
architectural features of the landmark.
Demolition or removal of historic landmarks
If an application is received for demolition or removal of a designated historic landmark, the
building offici~J shall inmaedJately for~vard the application to the historic landmark commission.
The landmark commission shah hold a public hearing on the application ~vithin thirty (30) days
after the application is initially filed ~vith the building official. The applicant sh~Jl be given ten (10)
days' ~vritten notice of the hearing. The landmark commission shah consider the state of repair of
the building, the reasonableness of the cost of restoration or repair, the existing and/or potential
usefulness, including economic usefulness of the building, the purposes behind preserving the
structure as an historic landmark, the character of the neighborhood and aH other factors it finds
appropriate. If the landmark commission determines that in the interest of preserving historical
v~Jues the structure should not be demolished or removed, it shall notitST the building official that
the application has been disapproved, and the building official shah so advise the applicant ~vithin
five (5) days therefrom. If the landmark commission determines that the interest of preserving
historical values ~vill not be adversely affected by such demolition or removal or that the interest
of preserving historical v~Jues can best be served by the removal of a structure to an other
specified location, it sh~Jl issue its certificate of demolition or its certificate of removal, as may be
appropriate, to the building official, and the building official shall so advise the applicant ~vithin
five (5) days therefrom.
If no action has been taken by the landmark commission ~vithin sixty (60) days of ori~nal receipt
by the landmark commission of the application, a certificate of demolition or certificate of
removal shall be deemed issued by the landmark commission and the building official shall so
advise the applicant.
After a decision is reached by the landmark commission den)Sng an application for a certificate of
demolition or a certificate of remov~J, a resubmJttal of an application for such a certificate ~vill
35.7.6.10
A.
not be accepted for additional hearing xvithin a txvelve-month period from the date of the final
decision.
Any applicant or the oxvner of any property located xvithin three hundred (300) feet of any
landmark xvho is ag~ieved by a ruling of the landmark commission concerning the landmark
under the provisions of this Subchapter may, xvithin sixU~ (60) days after the ruling of the
landmark commission, appeal to the cid~ council. Folloxving a public hearing to be held xvithin
third~ (30) days of the friing of a notice of such appeal xvith the cid~ secretau-, the cid~ council
may, by a simple majoriUT vote, uphold or overturn any ruling of the landmark commission made
pursuant to this section.
Procedures for obtaining permits pending designation as historic landmark
From and after the date on ~vhich the question of ~vhether or not an building, structure, or site
~vithin the ciU~ should be designated as an historic landmark is placed upon the agenda for any
special or regular meeting of the historic landmark commission or from and after the date on
~vhich such agenda is posted in accordance ~vith the provision of Vernon's Ann. Civ. St. art.
6252-17, as amended, or from and after the date that the historic landmark commission approves
or recommends a preservation plan or any amendment of any existing preservation plan ~vhich
embraces or include the building, structure or site ~vithin the ciU~, ~vhichever date first occurs, no
building permit alio~ving the construction, reconstruction, alteration, change, restoration, removal
or demolition of any exterior architectur~J feature of any building or structure then existing
included or embraced in ~vhole or in part ~vithin the scope of such agenda consideration or such
preservation plan or such amendment thereof, as the case may be, and no permit ~Jlo~ving the
demolition or removal of all or any part of any such building or structure may be issued by any
official of the ciU~ nor, if no such pem~it is required, may any person or entity construct,
reconstruct, alter, change, restore, remove or demolish any exterior architectural feature of any
such building or structure until the earliest of the follo~ving conditions have been met:
1. A final and binding certificate of appropriateness, removal or demolition, as may be
appropriate, has been issued by the historic landmark commission;
2. The landmark commission fails to make a recommendation that some part or all of any such
building or structure be designated an historic landmark or be included ~vithin an historic
landmark or ~vithin a preservation plan or an amendment thereof ~vithin sixUT (60) days
follo~ving the earliest of the dates described in subsection A of this section activating this
section, under the circumstances; or
3. A final and binding decision has been made by the ciU~ council that no part of any such
building or structure shall be designated an historic landmark or shall be included ~vithin any
designated historic landmark. Ho~vever, should the ciUT council fail to act ~vithin nineU~ (90)
days from the date an appeal is fried, the requested permit shall be granted. The nineu--day
time limitation may be ~vaived by the appellant to allo~v the ci~~ council an additional thir~~
(30) days in ~vhich to act.
It shall be the duu~ of the landmark commission to furnish the building official ~vith a copy or
~vritten notice of each such ~vritten order or such agenda or such preservation plan or
amendment thereof, as the case may be, as promptly after the preparation thereof as is
practicable. The failure to so furnish the building official ~vith a copy or ~vritten notice thereof
ho~vever, shall not have the effect of validating any building permit, removal permit or
demolition permit issued in ignorance of any such ~vritten order or agenda. In any instance in
~vhich any such permit may not be required, it shall be the duty of the landmark commission to
give notice of any such ~vritten order or such agenda or such preservation plan or amendment
thereof to the o~vner of any building or structure included ~vithin the scope thereof, ~vhich notice
shall be deemed complete ~vhen actually given, orally, or in ~vriting, to such o~vner or ~vhen
~vritten notice there is deposited in the United States mail, postage prepaid, certified or registered,
~vith return receipt requested, addressed to such o~vner, ~vhichever event first occurs.
Any permit issued to any person from or after the date of any such ~vritten order or such agenda
or the approval or recommendation of such preservation plan or amendment thereof, as the case
may be, shall be null, void and of no force or effect until the earliest of the events described in
subsections A.1, A. 2 and A.3 of this section occur.
Notxvithstanding any other provision of this article, no building permit, removal permit or
demolition permit shall be issued by the building official for any structure located in a national
register except as authorized by this subsection. The building official sh~Jl notify the landmark
commission immediately of any application requesting a building permit, removal permit or
demolition permit for a structure located in a national register district. No such pemait sh~Jl be
issued by the building official before the landmark commission has made a recommendation or
scheduled the structure on its agenda or before the expiration of forty (40) calendar days,
xvhichever is sooner. If a structure is made an agenda item it sh~21 be scheduled for a public
hearing as soon as adjacent property oxvners are notified. For purposes of this subsection,
"national register district" is defined as a designated area possessing a significant concentration,
linkage or continuity of sites, building structures or object xvhich may be considered a national
register district for purposes of this subsection unless it has been amended, prior to the effective
date of the ordinance from xvhich this section is derived and until maps depicting such area are
made available for inspection by the public in the office of the building inspection department.
Notxvithstanding any provision hereof, this section shall not apply to geographical areas
designated as historic districts under the provisions of this article.
35.7.6.11
A.
Maintenance; omission of repairs
The exterior of a designated historic landmark shall be maintained to ensure the structural
soundness of such landmark.
B. If the landmark commission finds that there are reasonable grounds to believe that a designated
historic landmark is structurally unsound or in imminent danger of becoming structurally
unsound, the historic landmark commission sh~Jl notify in xvriting the oxvner of record of the
designated historic landmark of such fact.
C. Upon the giving of ten (10) day's xvritten notice to the oxvner of record of such designated
historic landmark, the landmark commission shall hold a public hearing to determine if the
designated historic building is structurally unsound or in imminent danger of becoming
structurally unsound. The landmark conmaission's report may include evidence of economic
hardship or xvillful neglect.
D. At the conclusion of the hearing, if the landmark commission finds that the designated historic
building is structurally unsound or in danger of becoming structurally unsound and that no valid
reason exists as to xvhy the oxvner cannot of should not undertake to safeguard the structural
soundness of the building, it shall in xvriting notify the oxvner of record of the finding.
E. The oxvner of record of a designated historic landmark xvho has been notified by the landmark
commission that such landmark is structurally unsound or in danger of so becoming shall xvithin
ninety (90) days of receipt of such notice, satisfy the historic landmark commission that
reasonably necessary repairs to safeguard the structural soundness of the landmark have been
effected.
F. If the landmark commission determines that the building is structurally unsound but there are
valid reasons xvhy the oxvner cannot or should not undertake to safeguard the structural
soundness of the building, it sh~Jl for~vard to the city council its reconmaendation as to xvhat
action, if any, should be taken on the structure.
G. Any applicant or interested person aggrieved by a ruling of the landmark commission under the
provisions of this section may, xvithin thirty (30) days after the date of such ruling, appeal to the
city council.
35.7.6.12 Effect of zoning district use classification
Use classifications as to all property ~vhich may be included in an historic landmark designation shall continue
to be governed by this Subchapter and the procedures herein established.
10
35.7.7 Historic Conservation District
35.7.7.1
The purpose
A.
Purpose
of establisNng historic conservation overlay districts is to:
Safeguard the heritage of the City of Denton by preserving areas of the city that contain
landmarks, buildings, and/or sites xvNch reflect elements of the city's cultural, social, economic,
political or architectural or archeolo~cal Nstory;
Stabilize and improve property values;
Ensure compatibility of nexv construction and structural ~Jterations xvith the existing scale and
characteristics of surrounding properties;
Foster civic pride in the beauty and accomplishments of the past;
Identif5~ and promote the use of historic resources for the education, pleasure and xvelfare of
citizens of the City of Denton.
35.7.7.2 Definitions
The follo~ving ~vords, terms and phrase, ~vhen used in tNs Subchapter, shall have the mearfings ascribed to
them in tNs section, except ~vhere the context clearly indicates a different meaning:
Historic conservation district: A geograpNcally defined area including a landmark or a group of landmarks,
created by the city council for the purpose of Nstoric preservation. The city council may establish more than
one such Nstoric conservation district. Landmarks ~vitNn the boundaries of a historic conservation district are
related by Nstorical, arcNtectural or archaeological sigaificance.
Historic preservation: The protection, reconstruction, rehabilitation, repast or restoration of landmarks of
Nstorical, arcNtectural or archeolo~cal sigaificance.
HPO: The Historic Preservation Officer for the City of Denton (HPO).
Landmark: Any building, structure, site, chstrict, area or land of arcNtectural, Nstorical, archaeological or
cultural importance or value ~vNch the city council determines shall be protected, enhanced and preserved in
the interest of the culture, prosperity, education and general ~velfare of the people.
Landmark Commission: The City of Denton Historic Landmark Commission (Landmark Commission).
Site: The location of a sigaificant event, a preNstoric or Nstoric occupation or activity, ~vNch may include
open spaces, or a building or structure, ~vhether standing, ruined, or vaaished, ~vhere the location itself
possesses historic, cultural, or archeolo~cal value regardless of the value of any existing structure.
35.7.7.3 Criteria for Consideration as a Historic Conservation District
In order to be considered for designation as a Nstoric conservation district, all of the follo~ving criteria must be
met:
A. The proposed district must include buildings, structures, or sites xvNch are 50 years of age or be
of historical sigaificance;
B. The proposed district must include buildings, structures, or sites that have common character
defining features and be of common form;
C. The proposed district must include buildings, structures, or sites xvhich are similar in size,
massing and scale and/or have a common streetscape and/or have similar spatial relationships
and/or contain common visual qualities such as vegetation, vistas, orientation, set back, spacing,
site coverage, exterior features, or materials.
D. The proposed district must express a local identity as recogaizable combinations of qualities
common throughout an identifiable geograpNcal area.
11
35.7.7.4
A.
Procedures for Designation
Designation as a historic conservation district may be initiated by the Landmark Commission or
by written request of more than 50% of the owners of property within the proposed historic
conservation district who collectively own more than 50% of the land area within the proposed
historic conservation district. Such a request shall designate clearly the land proposed to be
included.
B. Upon receipt of a request or upon its own motion, the Landmark Commission shall conduct
studies and research and make a report on the landmarks within the historic conservation district,
or on the site(s), building(s), structure(s), obiect(s), open space(s), and/or feature(s) which would
be landmarks if the area were designated as a historic conservation district. The report shall
report on how each building or structure contribute to the defining characteristics of the
proposed district= The report shall contain boundary iustifications for the inclusion or exclusion
of geographical areas in or from a historic conservation district or for the exclusion of
geographical areas from a historic conservation district. The report shall also determine if the
request meets the criteria set out in Section 35.7.7.3 and set forth the basis for the determination.
C. If the Landmark Commission determines that the area is not eligible for Conservation District
classification, it shall notify the applicant of the fact in writing. Notice is given by depositing the
notice, properly addressed and postage paid, in the United States mail. The notice must be sent
to the address shown on the application. The decision of the Landmark Commission that an area
is not eligible for conservation district classification may be appealed to the Planning and Zoning
Commission.
D. An appeal under subsection (C) of this section is made by Filing a written request with the
Landmark Commission. The request must be filed within 30 days of the date written notice is
given to the applicant of the Landmark Commission's decision. In considering the appeal, the
sole issue shall be whether or not the Landmark Commission erred in its determination of
eligibility, and, in this connection, the Planning and Zoning Commission shall consider the same
standards that were required to be considered by the Landmark Commission in making its
determination.
E. The Planning and Zoning Commission's determination of eli~bility on appeal is final. If the
Planning and Zoning Commission determines that the area is not eligible for conservation district
classification, no further applications for conservation chstrict classification may be considered,
for the area of request, for two years from the date of the decision. A property owner in the area
of the request may apply for a waiver of the two-year limitation pursuant to the Planning and
Zoning Commission and must show changes in circumstances that alter the facts and conditions
upon which the first decision was determined.
F. If the Landmark Commission detemaines that the area is eli~ble for conservation district
classification, it shall conduct any necessary studies and undertake any additional research it
deems necessary on the proposed historic conservation chstrict. The decision of the Landmark
Commission that an area is eligible for conservation district classification may not be appealed.
G. Once any necessary studies or any additional research is complete, the Landmark Commission
sh~Jl hold a public hearing and shall give due notice of such public hearing. The notice for the
public hearing sh~Jl include written notice to the owner(s) of record of property proposed for
designation as a historic conservation chstrict.
H. Within forty-five (45) days after the public hearing, the Landmark Commission shall submit a
final report to the Planning & Zoning Commission, stating its recommendations together with a
draft of any proposed change.
I. The Planning & Zoning Commission sh~J1 hold a public hearing and shall give due notice of such
public hearing. Within forty-five (45) days after the public hearing, the Planning & Zoning
Commission shall submit a final report to City Council, stating its recommendations together
with a draft of any proposed change.
J. The City Council shall consider the final reports produced by the Landmark Commission and by
thc Planning and Zoning Commission in their decision making process. Thc City Council may
12
amend tNs subchapter to designate property previously excluded from a Nstoric conservation
district or to designate deletion of certain property from the Nstoric conservation district.
Requirements of Subchapter 7 "Special Purpose and Overlay Districts" shall apply to the creation
of Historic Conservation Districts, ho~vever, any conflict between tNs section and other
provisions of Subchapter 7 shall be resoNed in favor of tNs section.
35.7.7.5 Conservation District Ordinance
The ordinance creating a conservation district shall be based upon the reports and recommendations of the
Landmark Commission, Planrfing and Zorfing Commission, city staff; and property oxvners at the public
meetings. The ordinance must contain design guidelines based on the U.S. Secretary of the Interior's ~/aadards
for Rehabi/i/at/o,, and may further contain any additional regulations, special exceptions, or procedures that the
City Council considers necessary to conserve the distinctive atmosphere or character of the area, or to
mirfimize potenti~J adverse impacts xvhich could result from the creation of the district. In addition, all property
oxvners must conform to existing building codes and zoning regulating land uses.
35.7.7.6 Existing Construction
A. Existing construction shall be maintained in a manner that preserves or prolongs the structur~J
integrity of the character defining features of a property. Repairs shall be executed in a manner
consistent xvith the design guidelines established by each individual Nstoric conservation district.
B. Repairs to structures that are deemed not to contribute to the character defining features of the
district xvill not have to comply xvith the design guidelines as long as the repairs are consistent
xvith current architecture of the structures.
35.7.7.7
A.
Alterations to Existing Construction
Exterior structural alterations along the street frontage of historic buildings or structures should
be avoided and shall be kept to a mirfimum.
B. Design for structural alterations to existing buildings or structures in the Nstoric conservation
district shall conform to the design guidelines established by each individual Nstoric conservation
district. The design shall be compatible ~vith the character defining features of the majority of
surrounding properties and exNbit similar size, massing and scale as nearby contributing
buildings or structures.
C. The design guidelines ~vill not apply to structures that are deemed not to contribute to the
character defirfing features of the district as long as the alterations match the existing exterior
structure~
35.7.7.8
A.
New construction; Structural Enlargement or Reduction
When ne~v buildings or structures are proposed ~vith/n a historic conservation district, their
design shall be compatible with the h/storic, cultural, or architectural character of the area. The
design shall promote the existing spatial and visual qualities in the Nstoric conservation district,
including height and scale of buildings or structures, orientation, set back, spacing, site coverage,
and exterior features.
Design for nexv construction shall confoma to the design guidelines established by each indMdual
Nstoric conservation district and a certificate of appropriateness shall be required under the same
process as in section 35.7.7.9.
TNs section shall not apply to nexv construction to replace a building that xvas deemed not to
contribute to the character defirfing features of the district. The nexv construction must match
the height, scale, orientation, set back, spacing, site coverage and exterior features of the building
xvNch it is replacing. Nexv construction must meet the provisions of subsections A and B herein
if a building permit is not applied for xvitNn six months and construction does not begin xvitNn
12 months of the damage, or destruction of the structure.
13
35.7.7.9 Certificate of Appropriateness
A Certificate of Appropriateness is required for xvork that has the potential to change the character of a
structure or a group of structures in a h/storic conservation d~strict. A Certificate of Appropriateness is not
required for routine maintenance. Routine maintenance does not change the character of a structure or a
group of structures in a h/storic conservation district. Routine maintenance includes, but may not be limited to,
painting already painted surfaces in-kind, replacing rotted or damaged siding or roofing with in-kind materials,
replacing or repairing broken f~xtures or hardware in-kind.
A. The following lists the steps required to obtain a Certificate of Appropriateness:
i. The property owner is required to submit an application for a Certificate of Appropriateness
to the HPO before proceeding with any work not considered routine maintenance.
Examples of work requiring a Certificate of Appropriateness application include, but may
not be limited to, the following ~pes of work:
a. Substanti~J exterior rep~Jr involving the removal or replication of character defining
features;
b. Rehabilitation, including minor rear or side additions to the building or structure (such
as a small bathroom, laundry room, minor room extension, additional opeaings not
visible from the street), or to the land (such as fencing, or outbuildings);
c. Major alterations to the building or structure, including adchtional opeaings visible from
the street, garage, guest houses, major additions to the side, rear or additional full or
partial story, or to the land (such as fencing or outbuilchngs).
Information required to accompany an application includes:
a. Plans of proposed xvork
b. Photographs of existing conditions
c. Photo~aphs or draxvings of missing features or elements to be rebuilt
d. Information on specific products or materials proposed for use
All information submitted must include sufficient detail and specificity to enable an
assessment as to xvhether or not the proposed xvork is in accordance xvith the Nstoric
conservation chstrict's Design Guidelines.
2. Upon receipt of a complete application, the HPO shall for~vard the application to the
Landmark Commission for reviexv. The Landmark Commission shall determine xvhether or
not the application documentation is adequate for evaluation, and shall determine if the
proposed xvork is in accordance xvith the applicable Design Guidelines. If an application is
approved, the property oxvner may proceed xvith the xvork as approved.
3. If the Landmark Commission determines the proposed xvork is not in accordance xvith the
applicable Design Guidelines, the Landmark Commission shall make recommendations to
the applicant regarchng changes to the proposed xvork that xvould bring the application into
compliance xvith the requirements for approval. The Landmark Commission and applicant
sh~Jl xvork together, in good faith, for a period of not less than sixty days, to resoNe
outstanding issues and reach a~eement that is in accordance xvith the applicable Design
Guidelines. The applicant shall provide the Landmark Commission xvith all pertinent
information to help guide the Landmark Commission in their decision makSng process. If
information is made available to the Landmark Commission regarding economic hardship,
the Landmark Commission shall take that information into account regarding the applicant's
ability to acquire specific materials and/or craftsmansNp or complete a scope of xvork. If
after good faith effbrt, agreement is not reached, the Landmark Commission may deny the
application.
4. If the Landmark Commission denies an application for a Certificate of Appropriateness, the
applicant may appeal the rejection to the City Council, xvitNn i0 days of the notice of denial.
The Landmark Commission shall provide the City Council xvith a report of their findings
14
and effbrts xvithin thirdT (30) days of the appeal. The City Manager shall, xvithin a reasonable
length of time, place the matter upon the CiDT Council agenda for a determination as to
xvhether or not the proposed xvork is in accordance xvith the applicable Design Guidelines.
The CiDT Council shall consider the Landmark Commission's report in making their decision.
If an application is determined in accordance xvith applicable Design Guidelines, the Council
may approve the application. If an application is approved, the applicant may proceed xvith
the xvork as approved.
Verification of Compliance for Certificate of Appropriateness Process
i. The HPO, or designee, upon receipt of an approved Certificate of Appropriateness, but no
less than thir~T (30) days after, sh~Jl make an investigation of the property and shall approve
or disprove the fact that the properuT has been completed as required for Certification. If
the repair or renovation deviates in any xvay from the approved construction plan, the HPO
xvill for~vard his/her findings to the Landmark Commission.
2. The Landmark Commission shall reviexv the information submitted by the HPO and decide
xvhether or not the deviations from the approved construction plans are in accordance xvith
the historic conservation's d~strict Design Guidelines.
3. If verification of completion shall be deemed unfavorable, the applicant shall be required to
complete the xvork as shoxvn in the approved constriction plans or correct the deviation in a
manner consistent xvith the applicable Design Guidelines or appeal the Landmark
Commission decision to CiDT Council.
35.7'.8 Historic District
35.7.8.1 Definition
Districts ~vhich may be designated historic landmarks pursuant to Section 35.7.6.i sh~l be referred to as
"historic districts" and sh~Jl mean geographically definable areas possessing significant concentration, linkage or
continuiUT of buildings, structures, sites areas or land xvhich are united by architectural, historical, archeolo~cal
or cultural importance or significance.
35.7.8.2 Restrictions
All buildings, structures, sites, areas or lands located xvithin a designated historic district, xvhether individually
designated historic or not, are subject to these regulations. No person shall construct, reconstruct, alter, change,
restore, remove or demolish in any xvay the exterior features of such building, structure or site, area or land
until a permit has been granted by the building official of the ci~T. Furthermore, no public improvements,
including but not limited to street construction, signs, lighting, sidexvalk construction, parking facilities and
traffic system changes, except traffic-control signs and devices, shall be made xvithin or affecting an historic
district xvithout approv~J of the cidT council after recommendation has been submitted by the historic landmark
commission and appropriate cidT departments.
35.7.8.3 District Boundaries
The boundaries of historic districts shall be dra~vn so as to include all buildings, structures, sites areas or lands
xvhich meet one (i) or more of the criteria set out in Section 35.7.6.5 or xvhich directly affect or relate to such
buildings, structures, sites, areas or lands meeting one (i) or more of the Section 35.7.6.5 criteria, provided that
at least fifty-one (5i) percent of the total structures xvithin the boundaries are of architectural, historic,
archeolo~cal or cultural importance or value.
35.7.8.4
A.
Establishment of historic districts
Applications for consideration of an historic district shall be based upon architectural, historical,
archeolo~cal or cultural importance or value and accompanied by a report to the landmark
commission containing the follo~ving information:
15
1. A list of specific buildings, structures, sites, areas or lands of importance or value located
~vithin the proposed district boundaries and a description of the particular importance or
value of each such building, structure, site, area or land;
2. A map sho~ving the boundaries of the proposed historic district dra~vn to a scale of one (1)
inch equals t~vo hundred (200) feet, and the location of each structure of importance or
value identified by a number or letter designation.
3. Sufficient photographs of each building, structure, site, area or land of importance or vale
sho~ving the condition, color, size and architectural detail of each, and ~vhere possible:
a. Date of construction;
b. Builder or architect;
c. Chain of uses and o~vnership;
d. Architectural s~le;
e. Materials;
f. Construction technique;
g. Recognition by state or national government as architecturally or historically significant,
if so designated.
B. Application for establishment of an historic district on the basis of cultural or archeological
importance or value sh~Jl be accompanied by a report containing the follo~ving information:
1. A map sho~ving the boundaries of the proposed district dra~vn to a scale of one (1) inch
equals t~vo hundred (200) feet;
2. A description of the cultural or archeolo~cal importance or value of the building, structure,
site, area or land being proposed for historic designation; and
3. Any evidence ~vhich ~vould sho~v recognition by either the state and/or the national
government.
C. Applications to increase the boundaries of an historic district may be made in one (1) or more of
the follo~ving conditions are met:
1. When buildings, structures, sites, areas or lands of importance or value related to the district
are requested for inclusion;
2. When facts previously undisclosed to or unkno~vn by the landmark commission are revealed
~vhich indicate that a particular building or site is possessed of speci~J architectural,
archeolo~cal, cultural or historical importance or value.
D. Applications to reduce the boundaries of an historic district may be made ~vhen one (1) or more
of the follo~ving conditions have been met:
1. When it can be sho~vn that a particular building, site, area or land has no historic,
architectural, archeolo~cal or cultural importance or value to the viability of the district;
2. When exclusion of buildings, structures, sites, areas or lands is necessaU- for major ne~v
development that ~vould support either the architectural, historical, archeological or cultural
character or economic viability of the district;
3. When it can be sho~vn that no degradation of the district, either physical, historical,
architectural, archeolo~cal or cultural, ~vill result from exclusion of property from the
district.
E. Application for inclusion or exclusion may be made ~vhen either continued exclusion or inclusion
of property ~vithin the district ~vould render it an economic hardship for reasonable continuation
in its present exterior form. In order to establish such economic hardship, the o~vner must sho~v
that no reasonable alternative use exists ~vhich allo~vs the exterior of the building to remain in its
16
original st~qe. In evaluating economic return, the commission may request the oxvner to
document the value, rents, returns, tax burden and/or contracts pertaining to the property.
35.7.8.5 Criteria for designation of historic districts.
In ev~Juating applications for h/storic districts, the h/storic landmark commission shall consider Section 35.7.6.5
and Section 35.7.6. i3. If the landmark commission recommends the establishment of an historic district, it
shall cause to be prepared an h/storic district desi~onation ordinance wh/ch shall contain, but not be limited to,
the folloxving:
A. A statement of purpose setting forth the commission's reasons for recommending designation of
the district;
B. A legal description of the boundaries of the district;
C. Maps, charts and photographs of the buildings, structures, sites, areas or lands located with/n the
district;
D. Findings that support the criteria required in Sections 35.7.6.5 and 35.7.6.i3, if applicable, that
establishes the particular importance or value of the district;
E. Recommendations for the protection and preservation of the district referred to as the district
preservation plan.
35.7.8.6 District preservation plan.
The district preservation plan for the protection and preservation of the h/storic district shall include but sh~Jl
not be limited to the following:
A. Zoning classification of uses. The h/storic landmark commission may examine the uses
existing within the district in temas of their indMdual and continued effect upon the character,
safety, economic and physical impact of the district and may recommend such changes in zoaing,
height and area regulations.
B. Building code requirements. The commission may review and recommend any anaendments
to the building regulations it feels necessary to preserve the architectural and h/storic integrity and
authenticity of structures xvithin each such district.
C. Sign regtflations. The commission may review the provisions of the sign regulations that are
permissible with/n each such district and recommend such alterations in size, location, t~pe and
construction they feel appropriate. In preparing such recommendations, the commission shall
consider existing simons as well as criteria for future signs. If an existing sign is deemed to have a
negative impact on the character of the district, the commission may recommend a method of
removal or improvement of such simon, reviewing such simon changes with owners or tenants prior
to such recommendation.
D. Parking regtflations. The commission may review the parking regulations in existence in the
district and recommend any changes in numbers or location of on-street and off-street parking
requirements it feels necessary to enhance the district. It shall review the adequacy of parking
facilities in or affecting the district and may offer recommendations for such public and/or
private parking lots, garages or structures it deems to be in the best overall interest of the district.
E. Architectural regtflations. As a guide for those seeking a certificate of appropriateness pursuant
to Section 35.7.6.9. the historic landmark commission may, in conformance with the applicable
zoaing classification, height, and area limitation and in keeping with the sigaificant architectural,
h/storical archeolo~cal or cultural elements of each such district, recommend regulations
affecting the exterior of the building, including but not limited to the following:
i. Acceptable material for new construction such as stucco, masonry, metal and glass curtain;
2. Appropriate arch/tectural character, scale and detail for new construction;
3. Acceptable appurtenances to new and existing structures such as gables, parapets, balcoaies
and dormers;
17
35.7.8.6
A.
4. Acceptable textures and ornamentation such as paint colors and t}loes, use of xvood, stone,
metal, plaster, plastics and other manmade materials, use of shutters, xvrought and cast iron,
finishes of metal, colors of glass, such as silver, gold, bronze, smoke, and other det~51s or
architectural ornamentation;
5. Acceptable accessories on nexv or existing structures such as light fixtures, gaslights,
canopies, exterior carpentry, tile or xvood, banners, flags and projections; and
6. For those properties xvhich are sites, areas, lands, buildings, structures or vacant lots xvhich
are not of historical, architectural, archeolo~cal or cultural importance or value,
development or redevelopment may be at the oxvner's discretion as long as there is no
variance from this historic district preservation plan as to materials, scale and detail,
appurtenances, textures, ornamentation and accessories and the oxvner complies xvith
existing regulations. In these instances, no reviexv by the landmark commission xvould be
required, and no certificate of appropriateness xvould apply.
Transit and traffic operations. The commission may reviexv the transit and traffic operations in
and through the district and provide recommendations to the urban transportation department
and city council on routes, schedules, one-xvay and txvo-xvay street patterns, park and rides,
shuttle services, and pedestrian facilities that xvill enhance and preserve the character of the
district.
Public improvements. The landmark commission may recommend to the city council
acceptable public architectural and engineering designs including street lighting, street furniture,
signs, landscaping, utility facilities such as electric poles and xvires, telephone lines; design textures
of sidexvalks and streets such as brick, stone and tile, and such other elements as deemed
necessary for enhancement and preservation of the district.
Administrative requirements of landmark commission.
When the historic landmark commission considers an area as a possible historic district, it shall,
prior to rendering its final recommendation and report, submit its report, including the district
preservation plan or any proposed ordinance amendments, to all city departments, boards and
commissions and other public agencies directly affected.
In addition, it shall prior to rendering its final recommendation make the plan available to the
landoxvners in the proposed district. If the area under consideration has established an historic
district committee, the commission may include the comments of such committee in its final
report. If appropriate and desired, the commission should recommend that the city council adopt
the restrictions to ensure that future public investment complies xvith the term of the district.
Commission-approved medallions for designated structures xvithin the district shall be prepared
and, subject to the approval of the oxvners, may be affixed to the "H" designated structures.
35.7.9.1 Purpose
The purpose of this subsection is to ensure the protection and preservation of the Oak-Hickory Historic
District by providing regulations for the use, construction, alteration, repair, improvement and alteration of
buildings, structures, properties and sites within the district.
35.7.9.2 Definitions
The follo~ving ~vords, terms and phrases, ~vhen used in this subsection, shall have the meanings ascribed to
them in this section, except xvhere the context clearly indicates a different meaning:
Commission means the historic landmark commission authorized and appointed in accordance xvith
Section 35.4.3.
18
District means the area encompassed in the Oak-Hickory Historic District as established by and
described in Ordinance No. 87-224, as anaended which is on file in the office of the cidT secretary.
35.7.9.3
A.
Applicability; conflicts with other provisions
Other regulations applicable to the Oak-Hickory Historic District as cont~Jned in any other
section of this chapter or Code shall continue to apply to the district, except as specifically
modified in this subsection.
If any provision of this subsection conflicts xvith any other provision of tNs Code, the provisions
of this subsection shall govern and control.
Where any provision of this subsection modifies any provision of any other ordinance applicable
to the district, the xvords used in tNs subsection shall have the meaning as defined in the
provisions of the ordinance modified, unless the definition is other~vise provided for in this
subsection.
35.7.9.4
A.
Certificate of appropriateness
It shall be unla~vful for any person to do or to allo~v or cause any other person to do any of the
folloxving acts on any property located xvithin the Oak-Hickory Historic District xvithout first
appl5Sng for and receiving a certificate of appropriateness from the Historic Landmark
Commission:
1. Constructing a nexv building or making an addition to an existing building;
2. Reconstructing, altering, changing or restoring the exterior fagade of any existing building;
3. Placing or locating any building;
4. Performing any act for xvhich a certificate of appropriateness is required by tNs article.
5. Constructing or erecting a fence, xvall sign or other permanent improvement xvNch is subject
to regulation by tNs subsection.
Any construction, alteration or improvement made on any property xvithin the district xvNch
xvould not require a certificate of appropriateness by reason of it not being visible from any
public street as provided in tNs article shall be submitted to the commission prior to the
be~nning of the xvork for its determination of xvhether the improvement xvould be visible from a
public street.
The requirements and procedures of Section 35.7.6 providing for application and issuance of
certificates of appropriateness shall apply and be folloxved for any certificate of appropriateness
required in this subsection; provided, hoxvever, that no certificate of appropriateness required by
Section 35.7.6 or this section shall be granted except upon compliance xvith the additional
regulations of tNs section, xvhere applicable.
35.7.9.5 Architectural Requirements
Architectural requirements in the Oak-Hickory Historic District shall be as folloxvs:
A. Main building. Main buildings must be compatible in scale with structures existing in the
district.
B. Accessory buildings. Accessory buildings which are visible from any public street, other than an
alley, as determined by the historic landmark commission, must be compatible with the scale,
shape, roof form, materials, detailing and color of the m~Jn building.
C. Architectural detail. Materi~Js, colors, structural and decoration elements and the manner in
which they are used, applied or joined together must be compatible with nearby and adjacent
structures.
D. Awnings. Metal and corrugated plastic awnings are only permitted on an accessory building or
the rear fagade of a m~Jn building, if not visible from any pubic street, other than an alley, as
19
determined by the commission. Other axvnings must be tF~pical of any proposed structure and the
character of the main building.
E. Building placement. All buildings must be placed so as to not adversely affect the rhythm of
spaces betxveen buildings on the block.
F. Chimneys. All chimneys must be compatible xvith the s~le of the proposed building. Chimneys
must be constructed of brick, stucco, stone or other materials compatible in texture, color and
s~le xvith the proposed main building.
G. Additions. All additions to a building must be compatible xvith the dominant horizontal or
vertical characteristics, scale, shape, roof form, materials, detailing and color of the existing
building.
H. Color.
i. Certain colors prohibited. Fluorescent, metallic colors are not permitted on the exterior of
any structure in the district.
2. Dominant and trim colors. All structures must have a dominant color xvhich shall not be
of vivid saturation. The colors of a structure must be complementary to each other and the
overall character of the main building.
3. Gutters and downspouts. Gutters and doxvnspouts must be of a color that matches or
complements the color scheme of the main building.
4. Roof colors. Roof colors must complement the st~qe and overall color scheme of the
structure.
5. Masonry and brick surfaces. Masonry and brick surfaces not previously painted must not
be painted unless it is determined that:
a. The painting is absolutely necessary to restore or preserve the masonry or brick; or
b. The color and texture of replacement masonry or brick cannot be matched xvith that of
the existing masonry or brick surface.
6. Stain. The use and color of stain must be t~pical of the st~qe and period of the structure.
I. Facade materials.
i. Generally. The only permitted fagade materials are brick, xvood siding, xvood, stone, and
stucco. All fagade treatments and materials must be ~pical of the stsqe and period of the
main building.
2. Wood facades. Existing xvood facades must be preserved as xvood facades.
J. Front entrances and porches.
1. Detailing. R~51ings, moldings, tile xvork, carvings, and other detailing and architectural
decorations must be t~pical of the st~qe and period of the main building.
2. Enclosures. A front entrance or porch may not be enclosed xvith any materi~J, including
iron bars, glass, or mesh screening.
3. Facade openings. Porches must not obscure or conceal any fagade openings in the main
buildings.
4. Floor coverings. Carpeting is not permitted as a porch floor or step covering.
5. Style. Each proposed main building must have a front porch or entry treatment xvith a
shape, roof form, materials and colors that are t~pical of the st~qe of the proposed main
building. A front entry or porch must reflect the dominant horizontal and vertical
characteristics of the proposed main building.
K. Roof Forms.
2O
1. Material and colors. Roof material and colors must complement the st}qe and overall color
scheme of the structure.
2. Patterns. Roof patterns must be ~pical of the s~le and period of the main building.
3. Slope and pitch. The degree and direction of the roof slope and pitch must be ~pical of
the stsqe and period of the main building.
4. Skylights and solar panels. The commission may allow sksqights and solar panels on a
building if their placement does not have an adverse effect on the architecture of a building
or the district as a whole.
L. Windows and doors.
1. Front fagade openings. The location and size of windows and doors in proposed facades
must be compatible in scale xvith the ~pical s~le and period of the main building.
2. Glass. Reflective, tinted, and mirrored glass and plastic are not permitted in any opening.
3. Screen, storm doors and storm windows. Screens, stoma doors, and stoma xvindoxvs may
be permitted if:
a. Their frames are painted to match or complement the color scheme of the main
building; and
b. They do not obscure significant features of the xvindoxvs and doors they cover.
4. Security and ornamental bars. Security and ornamental bars are only permitted on the
exterior of an accessory building, the rear fagade of the main building and the interior of the
building.
5. Shutters. Shutters must be ~pical of the st~qe of the proposed main building and appear to
be installed in a manner to perform their intended functions.
6. Style. All xvindoxvs and doors in the front fagade of the main building must be
proportionally balanced in a manner ~pical of the s~le and period of the building.
7. Size. The size and proportion of xvindoxv and door openings located on the front and sides
of the main building must be t~loical of the s~le and period of the main building.
8. Frames. The frames of the xvindoxvs must be trimmed in a manner t~loical of the stsqe and
period of the building.
9. Openings. All xvindoxvs, doors, and lights in the front and side facades of the main building
must be ~pical of the s~le and period of the building. Sidelights must be compatible xvith
the door.
M. Outdoor lighting. Outdoor light fixtures must be compatible xvith the st~qe and period of the
main building and not obscure or conflict xvith sigrfificant architectural details of the building.
35.7.9.6
Fences in the
A.
Fences.
Oak-Hickory Historic District sh~Jl comply ~vith the follo~ving requirements:
Outdoor lighting. Outdoor light fixtures must be compatible xvith the st~qe and period of the
main building and not obscure or conflict xvith significant architectural details of the building.
1. Fences must be maintained in a vertical position.
2. The top edge of a fence must be along a line that is either horizontal or substantially parallel
to grade.
Height. The maximum permitted height for a fence shall be as provided by this Code.
21
C. Materials. A fence must be constructed of one (1) or more of the following materials: cast metal,
wrought iron, wood, stone, brick, patterned concrete, or stucco. Exposed concrete blocks are not
permitted.
D. Color and style. Fences must be of a color, st)qe, and material which is compatible to the main
building.
E. Masonry columns and bases. The color, texture, pattern, and dinaensions of masonry and the
color, width, t~loe, and elevation of mortar joints in a fence column or base must match the
masonry and mortar joints of the main building as nearly as practicable.
F. Wooden fences.
1. All wooden structural posts must be at least four (4) inches in diameter.
2. The side of a wooden fence facing a public street must be the finished side.
3. Wooden fences may be painted or stained a color that is complimentary to the main
building.
35.7.9.7 Signs.
All simons located within the Oak-Hickory Historic District shall be subject to the provisions of Subchapter
35.15 of this Code, except as modified as follows:
A. Signs permitted. Stake and wall signs are permitted. Ground, roof, projecting, portable, and off-
premises simons are prohibited, except for wind device simons used as ~ound or projecting simons as
specifically permitted in this section.
B. Wall and stake sign regtflations.
1. Number of wall signs. Only one (1) xvall sign per premises is permitted.
2. Size. No xvall sign shall have a maximum dimension xvhich is greater than txvo (2) feet,
measured along the ~eater distance of any one (1) line xvhich defines the effective area of
the sign. No stake sign shall have an effective area ~eater than ten (10) square feet.
C. Wind device signs. No xvind device signs are permitted in the district, except that one (1)
national, one (1) state and one (1) registered corporate logo flag may be displayed on any one (1)
premises as a ~ound sign, xvall sign, or projecting sign. If a flag is displayed as a ground sign or
projecting sign, the setback requirements applicable to ~ound signs in residenti~J districts shall
apply. A corporate logo flag may only be displayed on a premises oxvned or controlled by the
corporation. No flag shall have a dimension, as to any one (i) side, xvhich is greater than six (6)
feet.
D. Address or name signs. The sign regulations of this section shall not apply to the signs or
numbers xvhich are used solely to identify the street address of the premises or the identify by
name the occupants of a residential building.
E. Approval procedure for wall signs. No nexv xv~Jl signs sh~21 be constructed or located and no
existing xvall sign shall be altered, until a certificate of appropriateness is issued by the historic
landmark commission in accordance xvith the procedure applicable to alterations or changes of
the exterior architectural features of buildings, as provided for in this Subchapter.
35.7.9.8 Parking.
The provisions of Subchapter 35.i4 of this Code shall apply to the Oak-Hickory District, except as
modified as folloxvs:
A. Location. All off-street parking spaces for any building used as a multi-family dxvelling or for a
non-residential use shall be located betxveen the building fronting the public street and the rear
property line.
22
Number of parking spaces. Each specified use shall provide the follo~ving number of parking
spaces:
1. Multi-fancily buildings shall have a minimum of t~vo (2) parking spaces for each d~velling
unit.
2. Non-residential uses shall provide one and one-half (1.5) the number of parking spaces
required for that use by Subchapter 35.14.
23
ATTACHMENT 2
OAK-HICKORY HISTORIC DISTRICT
. li04Jli?l
DENTON
Fgt.TOll
'I'
AllAl~U.O
City of Demon Planning and Zoning Minutes
JUNE 23, 2004
After determining that a quorum was present, the Planning and Zoning Commission convened a
Work Session on Wednesday, June 23, 2004 at 5:30 pm in the Council Work Session Room at
City Hall, 215 E. McKinney Street, Denton, Texas at which time the following items were
considered:
ALL MEMBERS PRESENT
1. Receive a briefing and hold a discussion of items listed on the Consem Agenda.
2. Receive a report, hold a discussion, and give staff direction regarding
regulations.
3. Receive a report from the Open Space Subcommittee Chair.
street tree
After the completion of the Work Session, the Planning and Zoning Commission convened a
Regular Meeting of the Planning and Zoning Commission of the City of Demon, Texas which was
be held on Wednesday, June 23, 2004 and began at 6:30 p.m. in the City Council Chambers at
City Hall, 215 E. McKinney at which time the following items were considered:
ALL MEMBERS PRESENT
PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
2. ELECTION OF CHAIR AND VICE CHAIRMAN.
Commissioner Johnson nominated Commissioner Powell as Chairman. Commissioner Holt
seconded.
(*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes
(Page 1-2)
Motion carried 6-0
Commissioner Holt nominated Commissioner Strange as Vice-Chairman. Commissioner
Watkins seconded.
(*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes
(Page 2)
Motion carried 6-0
3. CONSIDER APPROVAL OF THE MINUTES FOR MAY 12, 2004 AND MAY 26, 2004.
Commissioner Johnson moved to approve the May 12 minutes. Commissioner Watkins
seconded.
(*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes
(Page 2-3)
Motion carried 6-0
Planning and Zoning Commission
June 23, 2004
Page 2 of 6
Commissioner Powell moved to approve the minutes of May 26th. Commissioner Watkins
seconded.
(*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes
(Page 3)
Motion carried 4-0, Johnson and Roy abstained
CONSENT AGENDA: Staff recommended approval of the following items because they
meet the requirements of the Denton Development Code. Approval of the Consent Agenda
includes staff recommendations and authorized staff to proceed with these items in accordance
with the City of DeNon Code of Ordinances. The Planning and Zoning Commission reviewed
these applications and had an opportunity to raise questions regarding these items prior to
consideration.
mo
Physical hardship variance from Section 35.20.2(F.) of the Denton Development Code
concerning Street Grade. The proposed subdivision consists of 114 residemial lots, 6
non-residential lots and is approximately 36.302 acres. The site intersects Long Road and
is West of Stuart Road. (V03-0003, Beaver Creek Phase 1, Kevin Roberts)
Bo
Physical hardship variance from Section 35.20.4(G.) of the Denton Development
Code concerning Separation of Driveways. The proposed subdivision consists of a
single lot on approximately 0.47 acres and is located South of McKinney Street, West of
Loop 288. (V04-0018, Church's Chicken, Kevin Roberts)
Co
Preliminary Plat of Lots 1, 2, and 3, Block A, of the Denton Creek Business Park,
being a 14.33-acre tract out of the A. Cannon Survey, Abstract No. 232. The property is
located on the south side of Teasley Lane, east of Old Alton Road. The property is in the
City of Denton's Extraterritorial Jurisdiction (ET J) and a Neighborhood Residemial 2
(NR-2) zoning district. Residemial and non-residemial uses are proposed. (PP04-0014,
DeNon Creek Business Park, Chris Fuller)
Do
Preliminary Plat of Lots 1-9, Block A, of Denton Medical Plaza. The approximately
7.9 acre site is generally located approximately 450 feet west of Shady Shores Road, on
the north side of Interstate-35 East. The property is in a Regional Center Commercial
Dowmown (RCC-D) zoning district. Medical office use is proposed. (PP04-0012, DeNon
Medical Plaza, Chris Fuller)
mo
Vacating the Final Plat of Lot 4, of the Village Phase 1 Subdivision, being a replat of
Lots 1 and 2 of Block 3 of The Village Phase 1, and portion of Tract 21 of the B.B.B. &
C.R.R. Survey, Abstract Number 186, as shown on a replat recorded in Cabinet B, Page
388 of the Plat Records of DeNon County, Texas. The property is in a Neighborhood
Residemial 4 (NR-4) zoning district. (PV04-0001, The Village Phase 1, Deborah Viera)
Fo
Extension of the Final Plat of Lots 1, 2, and 3, Block A, of the Anderson Addition.
The 8.4-acre site is in the Extraterritorial Jurisdiction (ET J) and is located approximately
450 feet east of Woodland Hill Road at Hartlee Field Road. Single-family use is proposed.
(SI04-0019, Anderson Addition, Kay Liang)
Planning and Zoning Commission
June 23, 2004
Page 3 of 6
G. Preliminary Plat of Lots 1 and 2, Block A, of the Bradshaw Addition. The
approximately 0.30 acre site is generally located southeast of the intersection of Bradshaw
and Sycamore. This property is in a Neighborhood Residential 4 (NR-4) zoning district.
Single-family use is proposed. (PP02-0045, Bradshaw Addition, Kay Liang)
Ho
Final Plat of Lots 1 through 3, Block A, Lots 1 through 24, Block B, Lots 1 through
20, Block C, Lots 1 through 7, Block D, Lots 1 through 3 and 17, Block G, Lots 1
through 3 and 18 through 20, Block H, Lots 1 through 3 and 18 through 20, Block J,
Lots 1 through 24, Block K of Prominence Square, Phase I. The approximately 19
acres tract is generally located on the south side of Audra Lane and approximately 500 feet
west of Mayhill Road. The property is zoned Neighborhood Residential 3 (NR-3),
Neighborhood Residential 4 (NR-4), and Neighborhood Residential 6 (NR-6). 94
residential and 2 open space lots are proposed. (FP04-0013, Prominence Square Phase I,
Kay Liang)
Commissioner Holt moved to approve the consent agenda. Commissioner Strange seconded.
(*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes
(Page 3-4)
Motion carried 6-0
5. REPI,AT PIIBLIC HEARING: Hold a public hearing and consider the following items:
mo
Final Plat of Lexington Park Phase One, Lots iR, 2R, and 3R, Block C and Lots 8XR,
18R, 19R, and 20R, Block G, being a replat of Lots 1, 2, & 3 of Block C & Lot 8X of
Block G. The approximately 2.1 acre site is generally located on the west side of Teasley
Lane approximately 2,200 feet south of Robinson Lane. The subject property is in a
Neighborhood Residential 4 (NR-4) zoning district. The purpose of the replat is to
dedicate a 20 foot landscape easement along Teasley Lane (FM 2181) and to subdivide Lot
8X into 3 residential lots and 1 drainage lot. (FR04-0003, Lexington Park, Deborah Viera)
Commissioner Johnson moved to approve. Commissioner Roy seconded.
(*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes
(Page 5-7)
Motion carried 6-0
6. CONTINUED PIIBLIC HEARINGS: Continue a public hearing and consider making a
recommendation to City Council on the following items:
A. Rezoning of approximately 30.7 acres from a Neighborhood Residential 2 (NR-2) zoning
district to approximately 6.2 acres of Neighborhood Residential 4 (NR-4) and 24.5 acres of
Neighborhood Residential 6 (NR-6) zoning districts with an overlay district. The property
is generally located at the southwest corner of Hinkle Drive and Windsor intersection.
Single-family development is proposed. (Z04-0017, The Cove at North Lakes, Deborah
Viera)
Planning and Zoning Commission
June 23, 2004
Page 4 of 6
Commissioner Johnson moved to deny the request. Commissioner Strange seconded.
(*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes
(Page 8 left intentionally blank) (Page 9-76)
Motion carried 5-1, Watkins opposed
Rezoning of approximately 19.85 acres from the Neighborhood Residential 4 (NR-4)
zoning district to the Neighborhood Residential Mixed Use-12 (NRMU-12) zoning district
with an overlay. The property is located on the east side of Hinkle Drive, approximately
850 feet north of University Drive. (Z04-0009, Hinkle Addition, Chris Fuller)
Commissioner Roy moved to deny the request. Commissioner Strange seconded.
(*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes
(Page 77-111)
Motion carried 6-0
7. PUBLIC HEARINGS: Hold a public hearing and consider making a recommendation to City
Council on the following items:
A Amend Subchat}ter 7 of the Denton Development Code to add the Oak-Hickory
Historic District. (SI04-0018, Stephen Cook)
Commissioner Johnson moved to al}l}rove the request with the condition that it reflects
Subchapter 3 instead of 4, Commissioner Watkins seconded.
(~Discussion of item is in~!~d i~ ~ ~Q~ ~pQrter's transcript attached to this set of minutes
(Pa~e 112 left intentionally blank) (Page 113-118)
Motion carried 6-0
Special Sign District for approximately 133.5 acres located south of Interstate 35 East
along both sides of Wind River Lane. The subject site is within Neighborhood
Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential
Mixed-Use (NRMU), and Regional Center Commercial Downtown (RCC-D) zoning
districts. (SD04-0001, Unicorn Lake Addition, Deborah Viera)
Commissioner Roy moved to approve the special sign district for the purpose of a "way
finding" sign. Commissioner Johnson seconded.
(*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes
(Page 119-120 left intentionally blank)(Page 121-135)
Motion carried 3-3, Powell, Strange, and Holt opposed
Specific Use Permit for approximately 0.72 acres generally located on the east side of
Lillian Miller Parkway, approximately 170 feet north of Wind River Lane and
approximately 100 feet west of Lake Fork Circle. The subject property is in a
Neighborhood Residential Mixed Use (NRMU) zoning district. A drive-through laundry
facility is proposed. (Z04-0021, Dry Clean Super Center, Chris Fuller)
Planning and Zoning Commission
June 23, 2004
Page 5 of 6
Commissioner Johnson moved to approve the request with the additional conditions for 1)
safety ballards on the north side, 2) sign lights off at 10 pm and 3) parking matter addressed.
Commissioner Watkins seconded.
(*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes
(Page 136 left intentionally blank)(Page 137-153)
Motion carried 6-0
Do
Rezoning of approximately 0.56 acres from Neighborhood Residential 4 (NR-4) zoning
district to Neighborhood Residential Mixed Use (NRMU) zoning district. The property is
generally located south of McKinney Street and approximately 900 feet west of Loop
288. Restaurant use is proposed. (Z04-0019, Church's Chicken, Kay Liang)
Commissioner Watkins moved to approve. Commissioner Strange seconded.
(*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes
(Page 154-156 left intentionally blank)(Page 157-164)
Motion carried 6-0
mo
Specific Use Permit (SUP) for approximately 0.56 acres generally located south of
McKinney Street and approximately 900 feet west of Loop 288. A drive-through for a
restaurant is proposed. (Z04-0020, Church's Chicken, Kay Liang)
Commissioner Strange moved to approve with a condition that easement be obtained.
Commissioner Watkins seconded.
(*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes
(Page 165-167)
Motion carried 6-0
Fo
Rezoning of approximately 8.3 acres from a Neighborhood Residential 2 (NR-2) zoning
district to an Employment Center Commercial (EC-C) zoning district. The property is
generally located on the south side of University Drive, and approximately 900 feet east
of Thomas Egan Road. Light Manufacturing and office are proposed. (Z04-0023, Shady
Creek Business Park, Chris Fuller)
Commissioner Roy moved to approve the request. Commissioner Strange seconded.
(*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes
(Page 168 left intentionally blank) (Page 169-172)
Motion carried 6-0
Go
Rezoning of approximately 1.25 acres from Downtown Residential 1 (DR-i) zoning
district to Downtown Residential 2 (DR-2) zoning district. The property is generally
located on Avenue A and south of Underwood Street. Multi-family use is proposed.
(Z04-0022, Underwood and Avenue A, Kay Liang)
Commissioner Watkins moved to approve. Commissioner Johnson seconded.
(*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes
(Page 1173-178)
Motion carried 6-0
Planning and Zoning Commission
June 23, 2004
Page 6 of 6
Ho
Rezoning of approximately 25 acres from a Neighborhood Residential 4 (NR-4) zoning
district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district, and
approximately 63 acres from incorporated City of Denton Extraterritorial Jurisdiction
(ETJ) to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. The
property is generally located west of Swisher Road, and approximately 1,500 feet north of
Edwards Road. Multi-family and golf course uses are proposed. (Z04-0002, Longhorn,
Chris Fuller)
Commissioner Holt moved to approve. Commissioner Strange seconded.
(*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes
(Page 179-180 left intentionally blank) (Page 181-192)
Motion carried 6-0
8. ITEM FOR RECONSIDERATION
mo
Consider a motion to reconsider the recommendation made for Z04-0008 pertaining
to an amendment to the Concept Plan and a Detailed Plan for approximately 6.5 acres
within Planned Development 176 (PD-176). The property is generally located 1,600 feet
east of Teasley Lane and 2,100 feet south of Robinson Road. One (1) gas well site was
proposed. (Z04-0008, Wheeler Ranch Unit, Deborah Viera)
Commissioner Powell moved to reconsider the item. Commissioner Johnson seconded.
(*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes
(Page 192-195)
Motion carried 5-1, Holt opposed
9. FUTURE AGENDA ITEMS
Meeting adjourned at 10:50 pm
CondenseltTM
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Page 1131
COMMISSIONER POWELL: I~TI.I 7A~ amend
Subchapter 7 of file Denton Development Code to add the
Oak-Hickory Historic District. Mr. Cook.
MR. COOK: Thank you, Mr. Chair and
Cmm~issioners. Stephen Cook, Planning Policy Coordinator.
The item before yea is Item 7A is a clerical
achuinistrative change to the Denton Development Code. The
proposal is to take the adopted language of the Oak
Hickory Historic District and to place it within the
greater Denton Development Code for the ease of
understanding and enforcement.
The Denton Development Code was adopted and
did not repeal any language of previous zoning
information. So tile Oak-Hickory District concurrently
exists and continues to exist. What this proposal is to
add tile language into the Denton Development Code full
docmnent as a -- as an easier use of the docmnent. No
substantive language has been modified to the Oak-Hickory
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Page 115
are not subtracting any houses from this historic
district?
MR. COOK: That is correct, sir. This is a
set boundaries by thc Ordinance.
COMMISSIONER POWELL: I understood. I just
want to make sure it's said that way in public. Mr.
Strange followed by Mr. Johnson.
COMMISSIONER STRANGE: clarify for me.
This Ordinance here basically already exists as a
restriction in the Oak-Hickory District?
MR. COOK: That is correct, sir.
COMMISSIONER STRANGE: SO, I mean, why are
we adding something to something that already exists?
Isn't what's there now adequate to take care of the
historic preservation in that area?
M~. COOK: sir, what this is is that --
what we're trying to do is just move the language from an
old zoning documentation and moving it into the
District. That is no restrictions, regulations, or
standards have been modified. The only changes to the
language are in self-reference items within the text
itself.
That means that if it refers to previous
docmnents, it refers now to file exact points where it
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Development Code for ease of use for future changes. If
new residents come in and they get a copy of our Denton
Development Code, they will have all of the infon~ation
that refers to the historic district and other zoning
property -- aspects that apply to their property. So this
language is all being consolidated into a unified
needs to refer to within the Denton Development Code. The
Page 1 14
Oak-Hickory Historic District Ordinance prohibits thc
modification of structures and issuances of certificates
of appropriateness from the Historic Landmark Commission.
The Historic Landmark Conunission reviews historic sites
25 docmnent.
Page 1 16
COMMISSIONER STRANGE: But they already
have the ability to get that through the present --
through the historic district themselves?
MR. COOK: They could, yes, sir.
and makes recommendations to the -- on zoning to this
board.
This section of the Code will be renumbered
as 35.7.6 and thc currant 35.7.6 which r~fcrs to the
Historic Conservation District will then move to 35.7.7.
If you have any other questions, I'm available, sir.
COMMISSIONER POWELL: [ have one questiom
Is there any other -- Mr. Roy, go ahead.
COMMISSIONER ROY: SO b~allse thol~ is no
change really to this, that explains why there's no need
for a notification to the residents that this -- tha~ this
administrative change is being made?
MR. COOK: Yes, sir. This is a -- an
achnlnistmfive change. There is no substantive change.
The residents as they live within the Oak-Hickory District
prior to this and after this if it is approved will have
no change to their properties whatsoever.
COMMISSIONER ROY: xhank you.
COMMISSIONER POWELL: L~t me try to
rephrase your answer and make sure that you and I are on
the stone wavelength. We are not adding any houses. We
5 COMMISSIONER STRANGE: I guess my question
6 is why are we taking what seeaningly is a private historic
7 distsSct restriction and placing them to a public
8 document?
9 MS. CARPENTER: L~ mc see if I can answer
10 that, Mr. Chairman. The Historic District regulation is
11 currently a piece of the Zoning Code. It is not a private
12 restriction. It is a piece of the old Denton Code~ okay,
13 which is a docmnent that currently exists but is not
14 embodied in the new Development Code. Okay. Several
15 members of the neighborhood while trying to do a
16 transaction on property or while trying to get a buiIding
17 permit for their property have gone to the Development
18 Code and said, gee, where is the Oak-Hickory District
19 because it's not in the Development Code? They're having
20 to go back to the old Denton Development Code which they
21 might have on their shelf somewhere, but which isn't on
22 the internet and isn't in what everybody now knows as the
23 Denton Development Code. And they have asked that that
24 document simply be lifted from tho old Code and inserted
25 in this Code so that we now have one other piece to our
PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 113 - Page 116
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Denton Development Code which truly makes it a unified
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when we did the update to the Code.
So it's a public document. Ifs akeady an
ordinance that's in place, but it's simply being put in
thc right place for the ease of property owners, people
doing business in the neighborhood so that it's all in one
place.
COMMISSIONER POWELL: Mr. Johl'lson.
COMMISSIONER JOHNSON: I'd like to move
that we approve this with one exception. That is to
correct the typo under the Cotmnission where it's
subsection should be four instead of flu'ce as we discussed
earlier.
COMM£SSIONER WATKINS: St~orld.
Ma. COOK: Yes, sir. That will be nolod
at~d reflected.
COMMISSIONER POWELL: Mr. Johnson, I
apologize. But I can't except that motion yet nor the
second. This is a public hearing.
COMMISSIONER JOHNSON: oh~ I didn't know
you opened the public hearing.
COMMISSIONER POWELL: I didn't, but I have
to. I'm going to open the public hearing right now and
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ask if anybody wants to speak? There are no cards. Does
Page 118
anybody want to speak on this issue for or against?
Seeing no speakers for or against, I will close thc public
hearing and ask Mr. johnson if he might have a motion.
COMMISSIONER JOHNSON: DO you want me to
restate it or --
COMMISSIONER POWELL: Yes, sir, I do.
COMMISSIONER JOHNSON: Okay. I move
approval with the one change of section sub -- subsection
three to four as discussed earlier.
COMMISSIONER POWELL: Mr. strange would you
still like to second that? No, you didn't second it, did
you? Who did?
COMMISSIONER WATKINS: I seconded it.
COMMISSIONER POWELL: Is that still your
second, Mr. Watkins?
COMMISSIONER WATKINS: Yes.
COMMISSIONER POWELL: We have a motion by
Mr. Johnson, a second by Mr. Watkins to approve this
amenchnent. Is there any discussion?
COMMISSIONER JOItNSON: It's not as easy as
it looks, is it, Bob7
COMMISSIONER POWELL: No, it's not. Seeing
no discussion, I'll call for a vote. Motion passes 6-0.
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Page 120
PLANNING AND ZONING JlJlq-E 23RD, 2004 MINUTES Page 117 - Page 120
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Page 5
COMMISSIONER POWELL: we'll go on to Item
4, which is public hearings. And I will open the public
hearing for Item 4A which is an amendment to Subsection 7
o[ the Denton Development Code pertaining to historic
district process and historic landnlark designation
precess. Mr. Cook.
Ma. COOK: Thank you, Mr. Chair,
Cormnissionea's. Stephen Cook, Planning Policy Coordinator
with tile City. On June 23rd, staff presented this case
before you including language concerning the Oak Hickory
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public who would like to speak on that issue? I'm
assuming we don't have any cards on it, correct?
MS. CARPENTER: NO, sir, we do not.
COMMISSIONER POWELL: Anybody in the public
that would like to speak on 4A for or against? Seeing
none, we will close the issue and close the hearing. And
my sincere apologies.
District by including that language into the Denton
Developnlent Code.
Further, staff investigation revealed that
it would be more prudent to further include the process
for designation of a historic landmark and for the pmce~g
to establish a historic district.
Both of these sections also were -- arc old
ordinances that are in place in file City as part of file
old zoning Code and will be moved into the Denton
Development Code under Subchapter 7.
As before, all of the language was
originally located within the zoning code, none of the
language has been modified other than the cross
references. And so that all of the cross-references
within tile text ale now correct and relevant to the Denton
Page 6
Development Code. With that, I'm available for questions.
COMMISSIONER POWELL: Anybody have any
questions of staff?. I would like to make one conmlent and
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have you agree with it or disagree, but lily understanding
of this is we're not changing anything here. We're just
-- this is a housekeeping item?
MR. COOK: YeS, sir. That is correct.
COMMISSIONER POWELL: okay. Seeing no
discussion, I'll call for a motion.
COMMiSSiONER HOLT: i'll move approval.
COMMISSIONER POWELL: Motion by Ms. Holt.
COMMISSIONER STRANGE: sogond.
COMMISSIONER POWELL: second by
Mr. SU'ange. And seeing no discussion, Iql call for a
vote. Motion passes 6-0.
I'll open a public -- oil, boy. I'm going
to ask for assistance hero from our attorney. That was a
public hearing and I never asked file public if they would
like to speak on that issue. It just now occurred to me
and i don't want to break any hard and fast roles here. I
was in -- I was going pretty speedy, but I missed
something. What would you suggest I do.'?
MS. PALUMBO: Re-open the public hearing.
COMMISSIONER POWELL: I will re-open the
public hearing on 4A and ask if there's anybody in the
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Page 8
PLANNING AND ZONING JULY 28TH, 2004 MINUTES Page 5 - Page 8
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SUBCHAPTER 7 OF THE DENTON DEVELOPMENT CODE PERTAINING TO
HISTORIC PRESERVATION AND THE OAK-HICKORY HISTORICE DISTRICT;
PROVIDING FOR THE INCLUSION OF THE CURRENT RULES AND
REGULATIONS PERTAINING TO HISTORIC PRESERVATION AND THE OAK-
HICKORY HISTORIC DISTRICT TO THE DENTON DEVELOPMENT CODE,
WITHOUT ANY SUBSTANTIVE CHANGES; PROVIDING A PENALTY CLAUSE
WITH A MAXIMUM FINE OF $2000.00 PER DAY FOR A VIOLATION THEREOF:
A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (SI04-0018).
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of
Denton, Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, as a part of a quarterly review of the Development Code, and after
conducting a public hearing as required by law, the Planning and Zoning Commission has
recommended certain changes to Subchapter 7 pertaining to historic preservation and the
Oak-Hickory Historic District; and
WHEREAS, the requested amendment provide for the inclusion of the current
roles and regulations regarding historic preservation and the Oak-Hickory Historic
District into the Denton Development Code, without any substantive changes; and
WHEREAS, after conducting a public heating as required by law, the City
Council finds that the subject changes to the Development Code are consistent with the
Comprehensive Plan and are in the public interest; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Subchapter 7 of the Development Code is hereby amended in part as
particularly described in Exhibit "A" attached hereto and made a part hereof by reference.
All other provisions of Subchapter 7 not inconsistent with this amendment shall remain in
full force and effect.
SECTION 2.
conviction, be fined
ordinance is violated
Any person violating any provision of this ordinance shall, upon
a sum not exceeding $2,000.00. Each day that a provision of this
shall constitute a separate and distinct offence.
SECTION 3. If any section, subsection, paragraph, sentence, phrase or word in
this ordinance, or application there of to any person or circumstance is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and City Council of the City of Denton, Texas
hereby declares it would have enacted such remaining portions despite any such
invalidity.
SECTION 4. This ordinance shall become effective fourteen (14) days fi.om the
date of its passage, and the City Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper
published in the City of Denton, Texas within ten (10) days of the date of its passage.
PASSED AND APPROVED this the
__.day of ,2004
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
2
EXHIBIT "A"
35.7.6.1 Declaration of policy
The city council hereby finds and declares as a matter of public policy that the protection enhancement,
preservation and use of historic landmarks is a public necessity and is required in the interest of culture,
prosperity, education and general xvelfare of the people. The purposes of this article are to:
A. Protect, enhance and perpetuate historic landmarks xvhich represent or reflect distinctive and
important elements of the city's and state's architectural, archeological, cultural, social,
economic, ethnic and political history and to develop appropriate settings for such places.
B. Safeguard the city's historic and cultural heritage, as embodied and reflected in such historic
landmarks by appropriate regulations;
C. Stabilize and improve property values in such locations;
D. Foster civic pride in the beauty and accomplishments of the past;
E. Protect and enhance the city's attractions to tourists and visitors and provide incidental
support and stimulus to business and industry;
F. Strengthen the economy of the city;
G. Promote the use of historic landmarks for the culture, prosperity, education, and general
xvelfare of the people of the city and visitors of the city.
35.7.6.2
A.
Penalty
It shall be unla~vful to construct, reconstruct, structurally alter, remodel, renovate, restore,
demolish, raze or maintain any building, structure or land in an historic landmark designation
in violation of the provisions of this Subchapter, and the city in addition to other remedies,
may institute any appropriate action or proceedings to prevent such unlaxvful construction,
restoration, demolition, razing or maintenance to restrain, correct or abate such violation to
prevent any illegal act, business or maintenance in an about such premises.
Any person violating any provision of this article shall be guilty of a misdemeanor and shall be
punished as provided in Section 35.i.i0.4 of this Chapter.
35.7.6.2 Notices
Any notice required to be given under this Subchapter, if not actually delivered, shall be given by depositing
the notice in the United States mail, postage prepaid, addressed to the person or entity to whom such notice
is to be given at his last known address. When notice is required to be given to an owner of property, such
notice, delivered or mailed by certified or registered mail, may be addressed to such owner who has rendered
his property for city taxes as the ownership appears on the last approved city tax roll.
35.7.6.4
A.
Designation of landmarks
The city council may designate buildings, structures, sites, districts, areas and lands in the city
as historic landmarks and define, amend and delineate the boundaries thereof. The suffix "H"
shall indicate the zoning designation of those buildings, structures, sites, districts, areas and
lands which the city council designates as historic landmarks. Such designation shall be in
addition to any other use designation established in this chapter. The zoning map shall reflect
the designation of an historic landmark by the letter "H" as a suffix to any other use
designation established by this chapter.
In making the designations as set forth in subsection A of this section, the city council shall
consider but shall not be limited to one (i) or more of the following criteria:
1. Character, interest or value as part of the development, heritage or cultural characteristics
of the city, state or the United States;
2. Recognition as a recorded state historic landmark, a national historic landmark or entered
into the National Register of Historic Places;
3. Embodiment of distinguishing characteristics of an architectural type or specimen;
4. Identification as the work of an architect or master builder whose indMdual work has
influenced the development of the city;
5. Embodiment of elements of architectural design, detail, material or craftsmanship which
represent a significant architectural innovation;
6. Relationship to other distinctive buildings, sites or areas which are eligible for preservation
according to a plan based on architectural, historic or cultural motif;
7. Portrayal of the environment of a group of people in an area of history characterized by a
distinctive architectural style;
8. Archeological value in that it has produced or can be expected to produce data affecting
theories of historic or prehistoric interest;
9. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city,
state, or United States;
10. Location as the site of a significant historic event;
i i. Identification with a person who significantly contributed to the culture and development
of the city, state or United States;
i2. A building or structure that because of its location has become of value to a
neighborhood, community area or the city;
i3. Value as an aspect of community sentiment or public pride.
35.7.6.5
A.
Hearings
The city planning and zoning commission shall hold public hearings as provided for in
V.T.C.A., Local Government Code ~ 211.007 to consider any historic landmark designation
ordinance after receiving a recommendation from the historic landmark commission. The
notices provided for in V.T.C.A., Local Government Code ~ 211.007 shall be sent to all owners
of property which is proposed for "H" designation as well as to the adjoining property owners
specified in such article.
Within thirty (30) days after the hearing, the city planning and zoning commission shall set
forth in writing its recommendation, including the findings of fact that constitute the basis for
its decision, and shall transmit its recommendation concerning the proposed ordinance to the
city council along with the recommendation of the landmark commission.
35.7.6.6 Recording of decision
Upon passage of an historic landmark desi~onation ordinance by the city council, the city secretary shall file a
copy of the ordinance with the city and county tax assessors, together with a notice briefly stating the fact of
the designation, and shall send a copy of such notice to the owner of the affected property by certified mail.
35.7.6.7 Amendments
The regulations, restrictions and boundaries of this section may from time to time be amended,
supplemented, changed, modified or repealed. In case, however, of a written protest against such change
signed by the owners of twenty (20) percent or more either of the area of the lots or land included in such
proposed change or of the lots or land immediately adjoining the change and extending two hundred (200)
feet therefrom, such anaendment shall not become effective except by the favorable vote of three-fourths of
all members on the city council.
35.7.6.8
A.
Exterior alterations and changes; minor exterior alteration, ordinary
maintenance; appeals; historic landmarks
Certificate of appropriateness. No person shall alter, change, construct, reconstruct, expand,
restore, remove or demolish any exterior architectural feature of a designated historic landmark
or allow the results of such action to be maintained unless application is made in compliance
with this section for a certificate of appropriateness and such a certificate is ~anted. As used in
this Subchapter, the term "exterior architectural feature" shall include but not be limited to
architectural style and general arrangement of such portion of the exterior of a structure as is
designed to be open to view from a public way. A certificate of appropriateness shall be
obtained prior to the issuance of any building permit, although the certificate of
appropriateness review and building permit and other required permit review processes may be
conducted simultaneously. A certificate of appropriateness may also be required for work not
otherwise requiring a building permit. The certificate of appropriateness shall be required in
addition to, and not in lieu of, any required building permit.
i. Application. Prior to commencement of any work, the owner shall file an application for
a certificate of appropriateness with the city preservation officer. The application shall
contain such information as is requested from a form prepared by the preservation officer,
the provisions of which have been approved by the city attorney.
2. Determination of procedure. Upon receipt of an application for a certificate of
appropriateness, the preservation officer shall determine whether the application is to be
reviewed under the ordinary maintenance review procedure, the minor exterior alteration
procedure or the standard procedure for certificate of appropriateness review.
Ordinary maintenance. Ordinary maintenance shall be defined as the process of stabilizing
deteriorated or damaged architectural feature (including but not limited to roofing, windows,
columns, and siding), and xvill include any work that does not constitute a change in design,
material, color or outward appearance, and include in-kind replacement or repair.
i. If the applicant is seeking a certificate of appropriateness to authorize only ordinary
maintenance, the preservation officer shall reviexv the application to determine xvhether the
proposed xvork complies xvith the regulations contained in this Subchapter and all
applicable ordinances and approve or deny the application xvithin five (5) days of its
receipt.
2. If no action is taken xvithin five (5) xvorking days, a certificate of appropriateness is deemed
to be approved. The applicant naa}- appeal the preservation officer's decision to deny by
submitting to the preservation officer a xvritten request for appeal xvithin ten (i0) days of
the decision. The xvritten request for appeal starts the standard certificate of
appropriateness reviexv procedure by the historic landmark commission.
Minor exterior alteration. Minor exterior alteration shall be defined as the installation of or
alteration to axvnings, fences, gutters and doxvnspouts; incandescent lighting fixtures;
hardscaping comprising more than txven~-five (25) percent of the front or side yard;
restoration of original architectural features that constitute a change from existing condition;
painting of xvood or other appropriate elements that constitutes a change in color from existing
color; and additions and changes not visible from any street to the rear of the main structure
or to an accessory structure.
i. If the applicant is seeking a certificate of appropriateness to authorize only minor exterior
alterations, as defined in this section, the executNe director of planning and development
shall reviexv the application to determine xvhether the proposed xvork complies xvith the
regulations contained in this Subchapter and all applicable ordinances and approve or
deny the application xvithin five (5) xvorking days of its receipt.
2. If no action is taken xvithin five (5) xvorking days of its receipt, a certificate of
appropriateness is deemed to be approved. The applicant naa}- appeal the decision to deny
by submitting to the executive director of planning and development a xvritten request for
appeal xvithin ten (10) days of the decision. The xvritten request for appeal starts the
standard procedure certificate of appropriateness reviexv by the historic landmark
commission.
D. Standard procedure for certificate of appropriateness review.
i. If the applicant is seeking a certificate of appropriateness to authorize xvork that is not
ordinary maintenance or a minor exterior alteration, the preservation officer shall for~vard
the application to the historic landmark commission for reviexv. The commission shall
deny, approve, or approve xvith conditions any certificate of appropriateness application
xvithin thirty-five (35) days of receipt of a completed application. The historic landmark
commission shall conduct a public hearing on the applications to alloxv applicants and
interested persons to present their viexvs.
2. All decisions of the commission shall be in xvriting, stating its approval or the specific
reasons for denying or modifying any applications. A copy of the certificate shall be sent
to the applicant and a copy filed xvith planning and development department.
3. If a certificate of appropriateness has been approved by the historic landmark commission:
a. It shall issue the certificate to the applicant; and
b. If a building permit is required for the proposed xvork, a copy of the certificate of
appropriateness shall be for~varded to the building official.
4. If a certificate of appropriateness has been denied, the applicant may appe~J the decision in
xvriting to the city council by filing a xvritten notice xvith the city secretary xvithin ten (i0)
days of receiving notice of the denial.
5. After a final decision is reached denying a certificate of appropriateness, no further
applications may be considered for the subject matter of the denied certificate for one (i)
year from the date of the final decision unless:
a. The historic landmark commission ~vaives the time limitation because the historic
landmark commission finds that there are changed circumstances regarding the
property sufficient to xvarrant a nexv hearing. A simple majority vote by the historic
landmark commission is required to grant the request for a xvaiver of the time
limitation. If the historic landmark commission denies the request the applicant may
appeal in xvriting to the city council by filing xvritten notice xvith the city secretary
xvithin ten (10) days of receiving the notice of the denial.
6. If final action has not been taken by the landmark commission xvithin sixty (60) days of
the preservation officer's receipt of the application:
a. The preservation officer shall issue a certificate of appropriateness to the applicant for
the proposed xvork; and
b. If all other requirements of the city code are met and a building permit is required for
the proposed xvork, the building official shall issue a building permit to the applicant
for the proposed xvork.
E. Criteria for denial of certificate of appropriateness. A certificate of appropriateness must be
denied if there is a final decision that the proposed xvork xvill have an adverse effect on:
1. The external architectural features of the historic landmark;
2. The external architectural features of the properties in the block or in the historic district
as a xvhole; or
3. The future preservation, maintenance and use of the historic landmark and the historic
district.
35.7.6.9
A.
35.7.6.10
A.
Amendments to a certificate of appropriateness. A certificate of appropriateness may be
amended by submitting an application for amendment to the preservation officer. The
application shall then be subject to the standard certificate of appropriateness revie~v procedure.
Emergency procedure. If a landmark is damaged and the building official determines that the
landmark ~vill suffer additional damage ~vithout immediate repair, the building official may
alloxv the property oxvner to temporarily protect the landmark. In such a case, the property
oxvner shall apply for a certificate of appropriateness xvithin ten (10) days of the occurrence
xvhich caused the damage. The protection authorized under this section must not permanently
alter the architectural features of the landmark.
Demolition or removal of historic landmarks
If an application is received for demolition or removal of a designated historic landmark, the
building official shall immediately forward the application to the historic landmark
commission. The landmark commission shall hold a public hearing on the application within
thirty (30) days after the application is initially filed with the building official. The applicant
shall be given ten (i0) days' written notice of the hearing. The landmark commission shall
consider the state of repair of the building, the reasonableness of the cost of restoration or
repair, the existing and/or potential usefulness, including economic usefulness of the building,
the purposes behind preserving the structure as an historic landmark, the character of the
neighborhood and all other factors it finds appropriate. If the landmark commission
determines that in the interest of preserving historical values the structure should not be
demolished or removed, it shall notify the building official that the application has been
disapproved, and the building official shall so advise the applicant xvithin five (5) days
therefrom. If the landmark commission determines that the interest of preserving historical
values xvill not be adversely affected by such demolition or removal or that the interest of
preserving historical values can best be served by the removal of a structure to an other
specified location, it shall issue its certificate of demolition or its certificate of removal, as may
be appropriate, to the building official, and the building official shall so advise the applicant
xvithin five (5) days therefrom.
If no action has been taken by the landmark commission xvithin sixty (60) days of original
receipt by the landmark commission of the application, a certificate of demolition or certificate
of removal shall be deemed issued by the landmark commission and the building official shall
so advise the applicant.
After a decision is reached by the landmark commission denying an application for a certificate
of demolition or a certificate of removal, a resubmittal of an application for such a certificate
xvill not be accepted for additional hearing xvithin a txvelve-month period from the date of the
final decision.
Any applicant or the oxvner of any property located xvithin three hundred (300) feet of any
landmark xvho is aggrieved by a ruling of the landmark commission concerning the landmark
under the provisions of this Subchapter may, xvithin sixty (60) days after the ruling of the
landmark commission, appeal to the city council. Folloxving a public hearing to be held xvithin
thirty (30) days of the filing of a notice of such appeal xvith the city secretary, the city council
may, by a simple majority vote, uphold or overturn any ruling of the landmark commission
made pursuant to this section.
Procedures for obtaining permits pending designation as historic landmark
From and after the date on ~vhich the question of ~vhether or not an building, structure, or site
xvithin the city should be designated as an historic landmark is placed upon the agenda for any
special or regular meeting of the historic landmark commission or from and after the date on
xvhich such agenda is posted in accordance xvith the provision of Vernon's Ann. Civ. St. art.
6252-17, as amended, or from and after the date that the historic landmark commission
approves or recommends a presentation plan or any amendment of any existing presentation
plan xvhich embraces or include the building, structure or site xvithin the city, xvhichever date
first occurs, no building permit alloxving the construction, reconstruction, alteration, change,
restoration, removal or demolition of any exterior architectural feature of any building or
structure then existing included or embraced in xvhole or in part xvithin the scope of such
agenda consideration or such preservation plan or such anaendment thereof, as the case naa}- be,
and no permit alloxving the demolition or removal of all or any part of any such building or
structure may be issued by any official of the city nor, if no such permit is required, naa}- any
person or entity construct, reconstruct, alter, change, restore, remove or demolish any exterior
architectural feature of any such building or structure until the earliest of the folloxving
conditions have been met:
i. A final and binding certificate of appropriateness, removal or demolition, as naa}- be
appropriate, has been issued by the historic landmark commission;
2. The landmark commission fails to make a recommendation that some part or all of any
such building or structure be designated an historic landmark or be included xvithin an
historic landmark or xvithin a preservation plan or an anaendment thereof xvithin sixty (60)
days folloxving the earliest of the dates described in subsection A of this section activating
this section, under the circumstances; or
3. A final and binding decision has been made by the city council that no part of any such
building or structure shall be designated an historic landmark or shall be included xvithin
any designated historic landmark. Hoxvever, should the city council fail to act xvithin
ninety (90) days from the date an appeal is filed, the requested permit shall be ~anted. The
nineu--day time limitation naa}- be ~vaived by the appellant to allo~v the city council an
additional thirty (30) days in xvhich to act.
It shall be the duty of the landmark commission to furnish the building official xvith a copy or
xvritten notice of each such xvritten order or such agenda or such preservation plan or
anaendment thereof, as the case naa}- be, as promptly after the preparation thereof as is
practicable. The failure to so furnish the building official xvith a copy or xvritten notice thereof
ho~vever, shall not have the effect of validating any building permit, removal permit or
demolition permit issued in ignorance of any such ~vritten order or agenda. In any instance in
~vhich any such permit may not be required, it shall be the duty of the landmark commission
to give notice of any such ~vritten order or such agenda or such preservation plan or
anaendment thereof to the o~vner of any building or structure included ~vithin the scope
thereof, ~vhich notice shall be deemed complete ~vhen actually given, orally, or in ~vriting, to
such o~vner or ~vhen ~vritten notice there is deposited in the United States mail, postage
prepaid, certified or registered, ~vith return receipt requested, addressed to such o~vner,
~vhichever extent first occurs.
An}- permit issued to any person from or after the date of any such ~vritten order or such
agenda or the approval or recommendation of such preservation plan or anaendment thereof,
as the case naa}- be, shall be null, void and of no force or effect until the earliest of the extents
described in subsections A.i, A.2 and A.3 of this section occur.
Not~vithstanding any other provision of this article, no building permit, removal permit or
demolition permit shall be issued by the building official for any structure located in a
national register except as authorized by this subsection. The building official shall notify the
landmark commission immediately of any application requesting a building permit, removal
permit or demolition permit for a structure located in a national register district. No such
permit shall be issued by the building official before the landmark commission has made a
recommendation or scheduled the structure on its agenda or before the expiration of forty (40)
calendar days, ~vhichever is sooner. If a structure is made an agenda item it shall be scheduled
for a public hearing as soon as adjacent property o~vners are notified. For purposes of this
subsection, "national register district" is defined as a designated area possessing a significant
concentration, linkage or continuity of sites, building structures or object ~vhich naa}- be
considered a national register district for purposes of this subsection unless it has been
anaended, prior to the effective date of the ordinance from ~vhich this section is derived and
until maps depicting such area are made available for inspection by the public in the office of
the building inspection department. Notxvithstanding any provision hereof, this section shall
not apply to geographical areas designated as historic districts under the provisions of this
article.
35.7.6.11
A.
Maintenance; omission of repairs
Thc exterior of a designated historic landmark shall be maintained to ensure thc structural
soundness of such landmark.
B. If the landmark commission finds that there are reasonable grounds to believe that a designated
historic landmark is structurally unsound or in imminent danger of becoming structurally
unsound, the h/storic landmark commission shall notify in writing the owner of record of the
designated historic landmark of such fact.
C. Upon the giving of ten (i0) day's written notice to the owner of record of such desi~onated
historic landmark, the landmark commission shall hold a public hearing to determine if the
designated historic building is structurally unsound or in imminent danger of becoming
structurally unsound. The landmark commission's report naa}- include evidence of economic
hardship or xvillful neglect.
D. At the conclusion of the hearing, if the landmark commission finds that the designated historic
building is structurally unsound or in danger of becoming structurally unsound and that no
valid reason exists as to why the owner cannot of should not undertake to safeguard the
structural soundness of the building, it shall in writing notify the owner of record of the
finding.
E. The owner of record of a designated historic landmark who has been notified by the landmark
commission that such landmark is structurally unsound or in danger of so becoming shall
xvithin ninety (90) days of receipt of such notice, satisfy the historic landmark commission that
reasonably necessary repairs to safeguard the structural soundness of the landmark have been
effected.
F. If the landmark commission determines that the building is structurally unsound but there are
valid reasons xvhy the oxvner cannot or should not undertake to safeguard the structural
soundness of the building, it shall for~vard to the ciD- council its recommendation as to xvhat
action, if any, should be taken on the structure.
G. An)- applicant or interested person aggrieved by a ruling of the landmark commission under
the provisions of this section may, xvithin thirty (30) days after the date of such ruling, appeal
to the ciD- council.
35.7.6.12 Effect of zoning district use classification
Use classifications as to all property xvhich naa)- be included in an historic landmark designation shall
continue to be governed by this Subchapter and the procedures herein established.
35.7.7 Historic Conservation District
35.7.7.1 Purpose
The purpose of establishing historic conservation overlay districts is to:
A. Safeguard the heritage of the City of Denton by preserving areas of the city that contain
landmarks, buildings, and/or sites which reflect elements of the city's cultural, social,
economic, political or architectural or archeological history;
B. Stabilize and improve property values;
C. Ensure compatibility of nexv construction and structural alterations with the existing scale and
characteristics of surrounding properties;
D. Foster cMc pride in the beauty and accomplishments of the past;
E. Identify and promote the use of historic resources for the education, pleasure and welfare of
citizens of the City of Denton.
35.7.7.2 Definitions
The following xvords, terms and phrase, xvhen used in this Subchapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Historic conservation district: A geographically defined area including a landmark or a group of
landmarks, created by the city council for the purpose of historic preservation. The city council may
establish more than one such historic conservation district. Landmarks within the boundaries of a historic
conservation district are related by historical, architectural or archaeological significance.
Historic preservation: The protection, reconstruction, rehabilitation, repair or restoration of landmarks of
historical, architectural or archeological significance.
HPO: The Historic Preservation Officer for the City of Denton (HPO).
Landmark: Any building, structure, site, district, area or land of architectural, historical, archaeological or
cultural importance or value which the city council determines shall be protected, enhanced and preserved in
the interest of the culture, prosperity, education and general welfare of the people.
Landmark Commission: The City of Denton Historic Landmark Commission (Landmark Commission).
Site: The location of a significant extent, a prehistoric or historic occupation or actMty, which may include
open spaces, or a building or structure, whether standing, ruined, or vanished, where the location itself
possesses historic, cultural, or archeological value regardless of the value of any existing structure.
35.7.7.3 Criteria for Consideration as a Historic Conservation District
In order to be considered for designation as a historic conservation district, all of the following criteria must
be met:
A. The proposed district must include buildings, structures, or sites which are 50 years of age or be
of historical significance;
B. The proposed district must include buildings, structures, or sites that have common character
defining features and be of common form;
C. The proposed district must include buildings, structures, or sites which are similar in size,
massing and scale and/or have a common streetscape and/or have similar spatial relationships
and/or contain common visual qualities such as vegetation, vistas, orientation, set back,
spacing, site coverage, exterior features, or materials.
D. The proposed district must express a local identity as recognizable combinations of qualities
common throughout an identifiable geographical area.
35.7.7.4
A.
Procedures for Designation
Designation as a historic conservation district may be initiated by the Landmark Commission
or by written request of more than 50% of the owners of property within the proposed historic
conservation district who collectively own more than 50% of the land area within the proposed
historic conservation district. Such a request shall designate clearly the land proposed to be
included.
Upon receipt of a request or upon its own motion, the Landmark Commission shall conduct
studies and research and make a report on the landmarks within the historic conservation
district, or on the site(s), building(s), structure(s), object(s), open space(s), and/or feature(s)
which would be landmarks if the area were designated as a historic conservation district. The
report shall report on ho~v each building or structure contribute to the defining characteristics
of the proposed district.. The report shall contain boundary justifications for the inclusion or
exclusion of geographical areas in or from a historic conservation district or for the exclusion
of geographical areas from a historic conservation district. The report shall also determine if
the request meets the criteria set out in Section 35.7.7.3 and set forth the basis for the
determination.
C. If the Landmark Commission determines that the area is not eligible for Conservation District
classification, it shall notify the applicant of the fact in ~vriting. Notice is given by depositing
the notice, properly addressed and postage paid, in the United States mail. The notice must be
sent to the address sho~vn on the application. The decision of the Landmark Commission that
an area is not eligible for consen~ation district classification may be appealed to the Planning
and Zoning Commission.
D. An appeal under subsection (C) of this section is made by filing a ~vritten request ~vith the
Landmark Commission. The request must be filed ~vithin 30 days of the date ~vritten notice is
given to the applicant of the Landmark Commission's decision. In considering the appeal, the
sole issue shall be ~vhether or not the Landmark Commission erred in its determination of
eligibility, and, in this connection, the Planning and Zoning Commission shall consider the
same standards that ~vere required to be considered by the Landmark Commission in making
its determination.
E. The Planning and Zoning Commission's determination of eligibility on appeal is final. If the
Planning and Zoning Commission determines that the area is not eligible for conservation
district classification, no further applications for conservation district classification may be
considered, for the area of request, for t~vo years from the date of the decision. A property
o~vner in the area of the request may apply for a ~vaiver of the t~vo-year limitation pursuant to
the Planning and Zoning Commission and must sho~v changes in circumstances that alter the
facts and conditions upon ~vhich the first decision ~vas determined.
F. If the Landmark Commission determines that the area is eligible for consen~ation district
classification, it shall conduct any necessary studies and undertake any additional research it
deems necessary on the proposed historic conservation district. The decision of the Landmark
Commission that an area is eligible for consenTation district classification may not be appealed.
G. Once any necessary studies or any additional research is complete, the Landmark Commission
shall hold a public hearing and shall give due notice of such public hearing. The notice for the
public hearing shall include ~vritten notice to the o~vner(s) of record of property proposed for
designation as a historic conservation district.
H. Within forty-five (45) days after the public hearing, the Landmark Commission shall submit a
final report to the Planning & Zoning Commission, stating its recommendations together ~vith
a draft of any proposed change.
I. The Planning & Zoning Commission shall hold a public hearing and shall give due notice of
such public hearing. Within forty-five (45) days after the public hearing, the Planning &
Zoning Commission shall submit a final report to City Council, stating its recommendations
together ~vith a draft of any proposed change.
J. The City Council shall consider the final reports produced by the Landmark Commission and
by the Planning and Zoning Commission in their decision making process. The City Council
may amend this subchapter to designate property previously excluded from a historic
conservation district or to designate deletion of certain property from the historic consen~ation
district.
K, Requirements of Subchapter 7 "Special Purpose and Overlay Districts" shall apply to the
creation of Historic Consen~ation Districts, ho~vever, any conflict bet~veen this section and
other provisions of Subchapter 7 shall be resolved in favor of this section.
35.7.7.5 Conservation District Ordinance
The ordinance creating a conservation district shall be based upon the reports and recommendations of the
Landmark Commission, Planning and Zoning Commission, city staff; and property oxvners at the public
meetings. The ordinance must contain design guidelines based on the U.S. Secretary of the Interior's
~/daddrds for Rehd/~i///a//o,, and may further contain any additional regulations, special exceptions, or
procedures that the City Council considers necessary to conserve the distinctNe atmosphere or character of
the area, or to minimize potential adverse impacts xvhich could result from the creation of the district. In
addition, all property oxvners must conform to existing building codes and zoning regulating land uses.
35.7.7.6 Existing Construction
Existing construction shall be maintained in a manner that preserves or prolongs the structural
integrity of the character defining features of a property. Repairs shall be executed in a manner
consistent xvith the design guidelines established by each individual historic conservation
district.
Repairs to structures that are deemed not to contribute to the character defining features of the
district xvill not have to comply xvith the design guidelines as long as the repairs are consistent
xvith current architecture of the structures.
35.7.7.7
A.
Alterations to Existing Construction
Exterior structural alterations along the street frontage of historic buildings or structures
should be avoided and shall be kept to a minimum.
B. Design for structural alterations to existing buildings or structures in the historic conservation
district shall conform to the design guidelines established by each individual historic
conservation district. The design shall be compatible xvith the character defining features of the
majority of surrounding properties and exhibit similar size, massing and scale as nearby
contributing buildings or structures.
C. The design guidelines xvill not apply to structures that are deemed not to contribute to the
character defining features of the district as long as the alterations match the existing exterior
structure.
35.7.7.8
A.
New construction; Structural Enlargement or Reduction
When ne~v buildings or structures are proposed ~vithin a historic conservation district, their
design shall be compatible xvith the historic, cultural, or architectural character of the area. The
design shall promote the existing spatial and visual qualities in the historic conservation
district, including height and scale of buildings or structures, orientation, set back, spacing, site
coverage, and exterior features.
Design for nexv construction shall conform to the design guidelines established by each
individual historic conservation district and a certificate of appropriateness shall be required
under the same process as in section 35.7.7.9.
This section shall not apply to nexv construction to replace a building that xvas deemed not to
contribute to the character defining features of the district. The nexv construction must match
the height, scale, orientation, set back, spacing, site coverage and exterior features of the
building xvhich it is replacing. Nexv construction must meet the provisions of subsections A
and B herein if a building permit is not applied for xvithin six months and construction does
not begin xvithin 12 months of the damage, or destruction of the structure.
35.7.7.9 Certificate of Appropriateness
A Certificate of Appropriateness is required for xvork that has the potential to change the character of a
structure or a group of structures in a historic conservation district. A Certificate of Appropriateness is not
required for routine maintenance. Routine maintenance does not change the character of a structure or a
10
group of structures in a historic conservation district. Routine maintenance includes, but may not be
limited to, painting already painted surfaces in-kind, replacing rotted or damaged siding or roofing with in-
kind materials, replacing or repairing broken fixtures or hardware in-kind.
A. The following lists the steps required to obtain a Certificate of Appropriateness:
i. The property owner is required to submit an application for a Certificate of
Appropriateness to the HPO before proceeding with any work not considered routine
maintenance. Examples of work requiring a Certificate of Appropriateness application
include, but may not be limited to, the following ~pes of work:
a. Substantial exterior repair involving the removal or replication of character defining
features;
b. Rehabilitation, including minor rear or side additions to the building or structure
(such as a small bathroom, laundry room, minor room extension, additional openings
not visible from the street), or to the land (such as fencing, or outbuildings);
c. Major alterations to the building or structure, including additional openings visible
from the street, garage, guest houses, major additions to the side, rear or additional
full or partial story, or to the land (such as fencing or outbuildings).
Information required to accompany an application includes:
a. Plans of proposed xvork
b. Photographs of existing conditions
c. Photo~aphs or draxvings of missing features or elements to be rebuilt
d. Information on specific products or materials proposed for use
All information submitted must include sufficient detail and specificity to enable an
assessment as to xvhether or not the proposed xvork is in accordance xvith the historic
conservation district's Design Guidelines.
2. Upon receipt of a complete application, the HPO shall for~vard the application to the
Landmark Commission for reviexv. The Landmark Commission shall determine xvhether
or not the application documentation is adequate for evaluation, and shall determine if
the proposed xvork is in accordance xvith the applicable Design Guidelines. If an
application is approved, the property oxvner may proceed xvith the xvork as approved.
3. If the Landmark Commission determines the proposed xvork is not in accordance xvith the
applicable Design Guidelines, the Landmark Commission shall make recommendations to
the applicant regarding changes to the proposed xvork that xvould bring the application
into compliance xvith the requirements for approval. The Landmark Commission and
applicant shall xvork together, in good faith, for a period of not less than sixty days, to
resolve outstanding issues and reach a~eement that is in accordance xvith the applicable
Design Guidelines. The applicant shall provide the Landmark Commission xvith all
pertinent information to help guide the Landmark Commission in their decision making
process. If information is made available to the Landmark Commission regarding
economic hardship, the Landmark Commission shall take that information into account
regarding the applicant's ability to acquire specific materials and/or craftsmanship or
complete a scope of xvork. If after good faith effbrt, agreement is not reached, the
Landmark Commission may deny the application.
4. If the Landmark Commission denies an application for a Certificate of Appropriateness,
the applicant may appeal the rejection to the City Council, xvithin i0 days of the notice of
denial. The Landmark Commission shall provide the City Council xvith a report of their
findings and effbrts xvithin thirty (30) days of the appeal. The City Manager shall, xvithin
a reasonable length of time, place the matter upon the City Council agenda for a
determination as to xvhether or not the proposed xvork is in accordance xvith the applicable
11
Design Guidelines. The City Council shall consider the Landmark Commission's report
in making their decision. If an application is determined in accordance ~vith applicable
Design Guidelines, the Council may approve the application. If an application is
approved, the applicant may proceed ~vith the ~vork as approved.
Verification of Compliance for Certificate of Appropriateness Process
1. The HPO, or designee, upon receipt of an approved Certificate of Appropriateness, but no
less than thirty (30) days after, shall make an investigation of the property and shall
approve or disprove the fact that the property has been completed as required for
Certification. If the repair or renovation deviates in any ~vay from the approved
construction plan, the HPO xvill forward his/her findings to the Landmark Commission.
2. The Landmark Commission shall review the information submitted by the HPO and
decide whether or not the deviations from the approved construction plans are in
accordance with the historic conservation's district Design Guidelines.
3. If verification of completion shall be deemed unfavorable, the applicant shall be required
to complete the work as shown in the approved constriction plans or correct the deviation
in a manner consistent with the applicable Design Guidelines or appeal the Landmark
Commission decision to City Council.
35.7.8 Historic District
35.7.8.1 Definition
Districts xvhich may be desi~onated historic landmarks pursuant to Section 35.7.6.i shall be referred to as
"historic districts" and shall mean geographically definable areas possessing significant concentration, linkage
or continuity of buildings, structures, sites areas or land which are united by architectural, historical,
archeological or cultural importance or significance.
35.7.8.2 Restrictions
All buildings, structures, sites, areas or lands located xvithin a designated historic district, xvhether
individually designated historic or not, are subject to these regulations. No person shall construct,
reconstruct, alter, change, restore, remove or demolish in any xvay the exterior features of such building,
structure or site, area or land until a permit has been granted by the building official of the city.
Furthermore, no public improvements, including but not limited to street construction, signs, lighting,
sidexvalk construction, parking facilities and traffic system changes, except traffic-control signs and devices,
shall be made ~vithin or affecting an historic district ~vithout approval of the city council after
recommendation has been submitted by the historic landmark commission and appropriate city
departments.
35.7.8.3 District Boundaries
The boundaries of historic districts shall be dra~vn so as to include all buildings, structures, sites areas or
lands xvhich meet one (1) or more of the criteria set out in Section 35.7.6.5 or xvhich directly affect or relate
to such buildings, structures, sites, areas or lands meeting one (1) or more of the Section 35.7.6.5 criteria,
provided that at least fifty-one (51) percent of the total structures xvithin the boundaries are of architectural,
historic, archeological or cultural importance or value.
35.7.8.4
A.
Establishment of historic districts
Applications for consideration of an historic district shall be based upon architectural,
historical, archeological or cultural importance or value and accompanied by a report to the
landmark commission containing the following information:
12
1. A list of specific buildings, structures, sites, areas or lands of importance or value located
~vithin the proposed district boundaries and a description of the particular importance or
value of each such building, structure, site, area or land;
2. A map sho~ving the boundaries of the proposed historic district dra~vn to a scale of one (1)
inch equals t~vo hundred (200) feet, and the location of each structure of importance or
value identified by a number or letter designation.
3. Sufficient photographs of each building, structure, site, area or land of importance or vale
showing the condition, color, size and architectural detail of each, and where possible:
a. Date of construction;
b. Builder or architect;
c. Chain of uses and ownership;
d. Architectural style;
e. Materials;
f. Construction technique;
g. Recognition by state or national government as architecturally or historically
significant, if so designated.
B. Application for establishment of an historic district on the basis of cultural or archeological
importance or value shall be accompanied by a report containing the following information:
1. A map showing the boundaries of the proposed district drawn to a scale of one (1) inch
equals two hundred (200) feet;
2. A description of the cultural or archeological importance or value of the building,
structure, site, area or land being proposed for historic designation; and
3. Any evidence which would show recognition by either the state and/or the national
government.
C. Applications to increase the boundaries of an historic district naa5- be made in one (1) or more
of the following conditions are met:
1. When buildings, structures, sites, areas or lands of importance or value related to the
district are requested for inclusion;
2. When facts previously undisclosed to or unknown by the landmark commission are
revealed which indicate that a particular building or site is possessed of special
architectural, archeological, cultural or historical importance or value.
D. Applications to reduce the boundaries of an historic district may be made when one (1) or
more of the following conditions have been met:
1. When it can be shown that a particular building, site, area or land has no historic,
architectural, archeological or cultural importance or value to the viability of the district;
2. When exclusion of buildings, structures, sites, areas or lands is necessary for major new
development that would support either the architectural, historical, archeological or
cultural character or economic viability of the district;
3. When it can be shown that no degradation of the district, either physical, historical,
architectural, archeological or cultural, will result from exclusion of property from the
district.
E. Application for inclusion or exclusion may be made when either continued exclusion or
inclusion of property within the district would render it an economic hardship for reasonable
continuation in its present exterior form. In order to establish such economic hardship, the
oxvner must shoxv that no reasonable alternative use exists xvhich alloxvs the exterior of the
13
building to remain in its original style. In evaluating economic return, the commission may
request the o~vner to document the value, rents, returns, tax burden and/or contracts pertaining
to the property.
35.7.8.5 Criteria for designation of historic districts.
In evaluating applications for historic districts, the historic landmark commission shall consider Section
35.7.6.5 and Section 35.7.6.13. If the landmark commission recommends the establishment of an historic
district, it shall cause to be prepared an historic district designation ordinance xvhich shall contain, but not
be limited to, the folloxving:
A. A statement of purpose setting forth the commission's reasons for recommending designation
of the district;
B. A legal description of the boundaries of the district;
C. Maps, charts and photo~aphs of the buildings, structures, sites, areas or lands located xvithin
the district;
D. Findings that support the criteria required in Sections 35.7.6.5 and 35.7.6.13, if applicable, that
establishes the particular importance or value of the district;
E. Recommendations for the protection and preservation of the district referred to as the district
preservation plan.
35.7.8.6 District preservation plan.
The district preservation plan for the protection and preservation of the historic district shall include but
shall not be limited to the follo~ving:
A. Zoning classification of uses. The historic landmark commission may examine the uses
existing ~vithin the district in terms of their indMdual and continued effect upon the character,
safety, economic and physical impact of the district and may recommend such changes in
zoning, height and area regulations.
B. Building code requirements. The commission may revie~v and recommend any amendments
to the building regulations it feels necessary to preserve the architectural and historic integrity
and authenticity of structures ~vithin each such district.
C. Sign regtflations. The commission may revie~v the provisions of the sign regulations that are
permissible ~vithin each such district and recommend such alterations in size, location, ~pe
and construction they feel appropriate. In preparing such recommendations, the commission
shall consider existing signs as ~vell as criteria for future signs. If an existing sign is deemed to
have a negative impact on the character of the district, the commission may recommend a
method of removal or improvement of such sign, revie~ving such sign changes ~vith o~vners or
tenants prior to such recommendation.
D. Parking regtflations. The commission may revie~v the parking regulations in existence in the
district and recommend any changes in numbers or location of on-street and off-street parking
requirements it feels necessary to enhance the district. It shall revie~v the adequacy of parking
facilities in or affecting the district and may offer recommendations for such public and/or
private parking lots, garages or structures it deems to be in the best overall interest of the
district.
E. Architectural regtflations. As a guide for those seeking a certificate of appropriateness
pursuant to Section 35.7.6.9, the historic landmark commission may, in conformance ~vith the
applicable zoning classification, height, and area limitation and in keeping ~vith the significant
architectural, historical archeological or cultural elements of each such district, recommend
regulations affecting the exterior of the building, including but not limited to the follo~ving:
1. Acceptable material for ne~v construction such as stucco, masonu-, metal and glass curtain;
2. Appropriate architectural character, scale and detail for ne~v construction;
14
35.7.8.6
A.
3. Acceptable appurtenances to ne~v and existing structures such as gables, parapets, balconies
and dormers;
4. Acceptable textures and ornamentation such as paint colors and ~pes, use of ~vood, stone,
metal, plaster, plastics and other manmade materials, use of shutters, ~vrought and cast
iron, finishes of metal, colors of glass, such as silver, gold, bronze, smoke, and other details
or architectural ornamentation;
5. Acceptable accessories on ne~v or existing structures such as light fixtures, gaslights,
canopies, exterior carpentry, tile or ~vood, banners, flags and projections; and
6. For those properties ~vhich are sites, areas, lands, buildings, structures or vacant lots ~vhich
are not of historical, architectural, archeological or cultural importance or value,
development or redevdopment may be at the o~vner's discretion as long as there is no
variance from this historic district presentation plan as to materials, scale and detail,
appurtenances, textures, ornamentation and accessories and the o~vner complies ~vith
existing regulations. In these instances, no revie~v by the landmark commission ~vould be
required, and no certificate of appropriateness ~vould apply.
Transit and traffic operations. The commission may revie~v the transit and traffic operations
in and through the district and provide recommendations to the urban transportation
department and city council on routes, schedules, one-~vay and t~vo-~vay street patterns, park
and rides, shuttle services, and pedestrian facilities that ~vill enhance and preserve the character
of the district.
Public improvements. The landmark commission may recommend to the city council
acceptable public architectural and engineering designs including street lighting, street
furniture, signs, landscaping, utility facilities such as electric poles and xvires, telephone lines;
design textures of sidexvalks and streets such as brick, stone and tile, and such other elements as
deemed necessary for enhancement and preservation of the district.
Administrative requirements of landmark commission.
When the historic landmark commission considers an area as a possible historic district, it
shall, prior to rendering its final recommendation and report, submit its report, including the
district preservation plan or any proposed ordinance anaendments, to all city departments,
boards and commissions and other public agencies directly affected.
B. In addition, it shall prior to rendering its final recommendation make the plan available to the
landoxvners in the proposed district. If the area under consideration has established an historic
district committee, the commission may include the comments of such committee in its final
report. If appropriate and desired, the commission should recommend that the city council
adopt the restrictions to ensure that future public investment complies xvith the term of the
district.
C. Commission-approved medallions for designated structures xvithin the district shall be prepared
and, subject to the approval of the oxvners, may be affixed to the "H" designated structures.
35.7.9.1 Purpose
The purpose of this subsection is to ensure the protection and preservation of the Oak-Hickou~ Historic
District by providing regulations for the use, construction, alteration, repair, improvement and alteration of
buildings, structures, properties and sites ~vithin the district.
15
35.7.9.2 Definitions
The follo~ving ~vords, terms and phrases, ~vhen used in this subsection, shall have the meanings ascribed to
them in this section, except xvhere the context clearly indicates a different meaning:
Commission means the historic landmark commission authorized and appointed in accordance
xvith Section 35.4.3.
District means the area encompassed in the Oak-HickouT Historic District as established by and
described in Ordinance No. 87-224, as amended xvhich is on file in the office of the city secretau-.
35.7.9.3
A.
Applicability; conflicts with other provisions
Other regulations applicable to the Oak-Hickory Historic District as contained in any other
section of this chapter or Code shall continue to apply to the district, except as specifically
modified in this subsection.
If any provision of this subsection conflicts xvith any other provision of this Code, the
provisions of this subsection shall govern and control.
Where any provision of this subsection modifies any provision of any other ordinance
applicable to the district, the xvords used in this subsection shall have the meaning as defined
in the provisions of the ordinance modified, unless the definition is other~vise provided for in
this subsection.
35.7.9.4
A.
Certificate of appropriateness
It shall be unla~vful for any person to do or to allo~v or cause any other person to do any of the
follo~ving acts on any property located ~vithin the Oak-Hickou~ Historic District ~vithout first
applying for and receiving a certificate of appropriateness from the Historic Landmark
Commission:
1. Constructing a ne~v building or making an addition to an existing building;
2. Reconstructing, altering, changing or restoring the exterior fagade of any existing building;
3. Placing or locating any building;
4. Performing any act for ~vhich a certificate of appropriateness is required by this article.
5. Constructing or erecting a fence, ~vall sign or other permanent improvement ~vhich is
subject to regulation by this subsection.
Any construction, alteration or improvement made on any property ~vithin the district ~vhich
~vould not require a certificate of appropriateness by reason of it not being visible from any
public street as provided in this article shall be submitted to the commission prior to the
beginning of the ~vork for its determination of ~vhether the improvement ~vould be visible from
a public street.
The requirements and procedures of Section 35.7.6 providing for application and issuance of
certificates of appropriateness shall apply and be follo~ved for any certificate of appropriateness
required in this subsection; provided, ho~vever, that no certificate of appropriateness required
by Section 35.7.6 or this section shall be granted except upon compliance ~vith the additional
regulations of this section, ~vhere applicable.
35.7.9.5 Architectural Requirements
Architectural requirements in the Oak-Hickory Historic District shall be as follo~vs:
A. Main building. Main buildings must be compatible in scale ~vith structures existing in the
district.
16
B. Accessory buildings. Accessory buildings xvhich are visible from any public street, other than
an alley, as determined by the historic landmark commission, must be compatible with the
scale, shape, roof form, materials, detailing and color of the main building.
C. Architectural detail. Materials, colors, structural and decoration elements and the manner in
which they are used, applied or joined together must be compatible with nearby and adjacent
structures.
D. Awnings. Metal and corrugated plastic awnings are only permitted on an accessory building or
the rear fagade of a main building, if not visible from any pubic street, other than an alley, as
determined by the commission. Other awnings must be ~pical of any proposed structure and
the character of the main building.
E. Building placement. All buildings must be placed so as to not adversely affect the rhythm of
spaces between buildings on the block.
F. Chimneys. All chimneys must be compatible with the s~le of the proposed building.
Chimneys must be constructed of brick, stucco, stone or other materials compatible in texture,
color and style with the proposed main building.
G. Additions. All additions to a building must be compatible with the dominant horizontal or
vertical characteristics, scale, shape, roof form, materials, detailing and color of the existing
building.
H. Color.
1. Certain colors prohibited. Fluorescent, metallic colors are not permitted on the exterior
of any structure in the district.
2. Dominant and trim colors. All structures must have a dominant color which shall not be
of vivid saturation. The colors of a structure must be complementary to each other and the
overall character of the main building.
3. Gutters and downspouts. Gutters and downspouts must be of a color that matches or
complements the color scheme of the main building.
4. Roof colors. Roof colors must complement the style and overall color scheme of the
structure.
5. Masonry and brick surfaces. Masonry and brick surfaces not previously painted must not
be painted unless it is determined that:
a. The painting is absolutely necessary to restore or preserve the masonry or brick; or
b. The color and texture of replacement masonry or brick cannot be matched with that
of the existing masonry or brick surface.
6. Stain. The use and color of stain must be typical of the style and period of the structure.
I. Fagade materials.
1. Generally. The only permitted fagade materials are brick, wood siding, wood, stone, and
stucco. All fagade treatments and materials must be t~loical of the s~le and period of the
main building.
2. Wood facades. Existing xvood facades must be preserved as xvood facades.
J. Front entrances and porches.
1. Detailing. Railings, moldings, tile xvork, carvings, and other detailing and architectural
decorations must be typical of the s~le and period of the main building.
2. Enclosures. A front entrance or porch may not be enclosed xvith any material, including
iron bars, glass, or mesh screening.
17
3. Facade openings. Porches must not obscure or conceal any fagade openings in the main
buildings.
4. Floor coverings. Carpeting is not permitted as a porch floor or step covering.
5. Style. Each proposed main building must have a front porch or entry treatment xvith a
shape, roof form, materials and colors that are ~pical of the style of the proposed main
building. A front entry or porch must reflect the dominant horizontal and vertical
characteristics of the proposed main building.
Roof Forms.
i. Material and colors. Roof material and colors must complement the style and overall
color scheme of the structure.
2. Patterns. Roof patterns must be t)~pical of the style and period of the main building.
3. Slope and pitch. The degree and direction of the roof slope and pitch must be typical of
the style and period of the main building.
4. Skylights and solar panels. The commission may alloxv skylights and solar panels on a
building if their placement does not have an adverse effect on the architecture of a
building or the district as a xvhole.
L. Windows and doors.
i. Front facade openings. The location and size of xvindoxvs and doors in proposed facades
must be compatible in scale xvith the ~pical style and period of the main building.
2. Glass. Reflective, tinted, and mirrored glass and plastic are not permitted in any opening.
3. Screen, storm doors and storm windows. Screens, storm doors, and storm xvindoxvs may
be permitted if:
a. Their frames are painted to match or complement the color scheme of the main
building; and
b. They do not obscure significant features of the xvindoxvs and doors they cover.
4. Security and ornamental bars. Security and ornamental bars are only permitted on the
exterior of an accessory building, the rear fagade of the main building and the interior of
the building.
5. Shutters. Shutters must be ~pical of the s~le of the proposed main building and appear
to be installed in a manner to perform their intended functions.
6. Style. All xvindoxvs and doors in the front fagade of the main building must be
proportionally balanced in a manner typical of the style and period of the building.
7. Size. The size and proportion of xvindoxv and door openings located on the front and
sides of the main building must be typical of the style and period of the main building.
8. Frames. The frames of the xvindoxvs must be trimmed in a manner typical of the style and
period of the building.
9. Openings. All xvindoxvs, doors, and lights in the front and side facades of the main
building must be typical of the s~le and period of the building. Sidelights must be
compatible xvith the door.
M. Outdoor lighting. Outdoor light fixtures must be compatible xvith the style and period of the
main building and not obscure or conflict xvith significant architectural details of the building.
18
35.7.9.6
Fences in the
A.
Fences.
Oak-Hickory Historic District shall comply ~vith the follo~ving requirements:
Outdoor lighting. Outdoor light fixtures must be compatible xvith the style and period of the
main building and not obscure or conflict xvith significant architectural details of the building.
1. Fences must be maintained in a vertical position.
2. The top edge of a fence must be along a line that is either horizontal or substantially
parallel to grade.
Height. The maximum permitted height for a fence shall be as provided by this Code.
Materials. A fence must be constructed of one (1) or more of the folloxving materials: cast
metal, xvrought iron, xvood, stone, brick, patterned concrete, or stucco. Exposed concrete blocks
are not permitted.
Color and style. Fences must be of a color, style, and material xvhich is compatible to the main
building.
Masonry cohtrnns and bases. The color, texture, pattern, and dimensions of masonry and the
color, xvidth, type, and elevation of mortar joints in a fence column or base must match the
masonry and mortar joints of the main building as nearly as practicable.
Wooden fences.
1. All xvooden structural posts must be at least four (4) inches in diameter.
2. The side of a xvooden fence facing a public street must be the finished side.
3. Wooden fences may be painted or stained a color that is complimentary to the main
building.
35.7.9.7 Signs.
All signs located within the Oak-Hickory Historic District shall be subject to the provisions of Subchapter
35.i5 of this Code, except as modified as folloxvs:
A. Signs permitted. Stake and xvall signs are permitted. Ground, roof, projecting, portable, and
off-premises signs are prohibited, except for wind device signs used as ground or projecting
signs as specifically permitted in this section.
B. Wall and stake sign regtflations.
i. Ntmaber of wall signs. Only one (i) wall sign per premises is permitted.
2. Size. No xvall sign shall have a maximum dinaension which is greater than two (2) feet,
measured along the greater distance of any one (i) line which defines the effective area of
the sign. No stake sign shall have an effective area greater than ten (i0) square feet.
C. Wind device signs. No wind device signs are permitted in the district, except that one (i)
national, one (i) state and one (i) registered corporate logo flag may be displayed on any one
(i) premises as a ground sign, xvall sign, or projecting sign. If a flag is displayed as a ground
sign or projecting sign, the setback requirements applicable to ~ound signs in residential
districts shall apply. A corporate logo flag may only be displayed on a premises owned or
controlled by the corporation. No flag shall have a dimension, as to any one (i) side, which is
greater than six (6) feet.
D. Address or name signs. The sign regulations of this section shall not apply to the signs or
numbers xvhich are used solely to identify the street address of the premises or the identify by
name the occupants of a residential building.
19
Approval procedure for wall signs. No nexv xvall signs shall be constructed or located and no
existing xvall sign shall be altered, until a certificate of appropriateness is issued by the historic
landmark commission in accordance xvith the procedure applicable to alterations or changes of
the exterior architectural features of buildings, as provided for in this Subchapter.
35.7.9.8 Parking.
The provisions of Subchapter 35.14 of this Code shall apply to the Oak-Hickory District, except as
modified as folloxvs:
A. Location. All off-street parking spaces for any building used as a multi-family dxvelling or for a
non-residential use shall be located between the building fronting the public street and the rear
property line.
B. Ntmaber of parking spaces. Each specified use shall provide the folloxving number of parking
spaces:
1. Multi-family buildings shall have a minimum of rvvo (2) parking spaces for each dxvelling
unit.
2. Non-residential uses shall provide one and one-half (1.5) the number of parking spaces
required for that use by Subchapter 35.14.
2O
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
August 17, 2004
Finance
Kathy DuBose
SUBJECT
Review, discuss, and consider approval of the Charge to the Special Citizens Advisory
Committee to study capital improvement needs.
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.
Attached is a "Draft" of the Charge to the Committee.
ESTIMATED SCHEDULE
An Election Schedule is attached.
FISCAL INFORMATION
The February 2005 Capital Improvement Bond Election is estimated at $28 million.
EXHIBITS
"Draft" Charge to 2005 Citizens Advisory Committee
Election Schedule
Respectfully submitted:
Kathy DuBose
Assistant City Manager
DRAFT
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 February 2005 Bond Election.
The Committee's review should encompass street construction and transportation
improvements, public facility construction and renovation, parks and recreation facility
acquisition and improvements, public safety facilities, and any other needs identified by
the Committee.
City Staff has estimated a five-year improvement program of $28.0 million. Since this is
a nominal amount considering Denton's growth, the Council also charges the Committee
to review the need for additional funding if recommended CIP needs exceed this $28.0
million. Priority should be given to those projects that enhance the quality of life of
current citizens.
The City Council charges the Committee with the responsibility of public information,
education, and promotion of the adopted five-year capital improvement proposition for
the February 2005 Election.
S:kAgenda Item SharedkAugust 2004kAugust 17 - 2004\Charge to Citizens Advisory
Comm\2-BU-Drafl Charge to Advisory Comm8-17-04.doc
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:
August 17, 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.
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.
At the August 3, 2004 Council Meeting, each Council Member was asked to appoint seven (7)
citizens to the Advisory Committee. A partial list is attached. The entire Council selected Mark
Burroughs to chair the Committee.
ESTIMATED SCHEDULE
An Election Schedule is attached.
FISCAL INFORMATION
The February 2005 Capital Improvement Bond Election is estimated at $28 million.
EXHIBITS
Citizens Advisory Committee List
Election Schedule
Respectfully submitted:
Kathy DuBose
Assistant City Manager
2004-05 Citizens Advisory Committee
Chair:
Mark Burroughs
Council Member Kamp
Phil Gallivan
Pat Gobble
Charlye Heggins
Maureen Jamail
Randy Robinson
Martha Len Nelson
Bob Sherman
Mayor Pro Tem McNeill
Jo Kuhn
Scott Ball
Polly Diebel
Richard Huckabee
Gus Seligmann
Roni Beasley
Alan Nelson
Council Member Montgomery
Marge Durrance
David Weir
Phil Young
Bob Hunt
Herbert Holl
June Berry
Carol Collins
Council Member Mulroy
Curtis Martin
Jim Kirkpatrick
Stacy Huckabay
Ellen Fuller
Mary Behrens
Shannon Smith
Charlice Kruger
Council Member Thomson
Karen Devinney
Gary Hayden
Jennifer Siegfried
Marvin Crabb
Patrice Lyke
John Johnson
Bill Cheek
Mayor Brock
Jerry Mohelnitzky
Dale Kimble
David Biles
Debbie Johnson
Council Member Redmon
R:\Agendas\August 17, 2004\Backup~Appointments to Citizens Advisory Comm\2-BU-List of Appointees-Appointments to
Citizens Advisory Comm8-17-04.doc
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 DATE:
DEPARTMENT:
CM:
AGENDA INFORMATION SHEET
August 17, 2004
City Manager's Office
Mike Conduff, City Manager
SUBJECT
Consider nominations/appointments to the City's boards and commissions.
BACKGROUND
Mayor Brock has nominated Bob Bland to the Public Utilities Board.
Mayor Brock has two remaining appointments to the Denton Housing Authority.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
S:kAgenda Items\Board-Commission vacancies.doc