HomeMy WebLinkAboutJune 7, 2005 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
June 7, 2005
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, June 7,2005 at 4:30 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, hold a discussion and give staff direction regarding the Quarterly
Review, Development Code amendments, and priorities.
2.
Receive a report, hold a discussion and give staff direction concerning the adoption of an
ordinance amending Ordinance Nos. 2004-182 and 2004-298 and Section 2-29 of the
City Code relating to Rules of Procedure for the City Council of the City of Denton,
Texas; by changing the requirements for the City Secretary to keep minutes of meetings
and certified agenda to comply with the Texas Open Meetings Act; and repealing and
consolidating Ordinances 2004-182 and 2004-298; providing the severability clause; and
declaring an effective date.
3.
Receive a report, continue discussion and give staff direction concerning proposed policy
recommendations for regulating and enforcing extended stay hotel/motel facilities.
4.
Receive a report, hold a discussion and give staff direction regarding the selection of
delinquent tax attorneys.
5.
Receive a report, hold a discussion and give staff direction regarding the selection of an
architect for the design and construction of Fire Station #7 as well as a master plan for a
Public Safety Training Facility.
6.
Receive a report, hold a discussion and give staff direction on a railroad crossing for
proposed Vintage Parkway, the closing of other crossings, and the annexation of certain
tracts of land in the eastern area of the City of Denton's extraterritorial jurisdiction
located near the intersection of Collins and Mingo Road, between Angus and Fishtrap
Roads, comprising approximately 160 acres.
7.
Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of June 7,2005.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. The City Council reserves the
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
1.
Closed Meeting:
A.
DELIBERATIONS REGARDING REAL PROPERTY --- Under Texas
Government Code §551.072 and CONSULTATION WITH ATTORNEY ---
Under Texas Government Code §551.071
City of Denton City Council Agenda
June 7, 2005
Page 2
1.
Receive a confidential presentation by staff dealing with the Foxworth-
Galbraith Lumber Company easement purchase agreement; which
transaction is associated with the Loop 288 Utility Relocation Project
being a 0.630 acre and 0.779 acre ofland located in the M.E.P. and P.R.R.
Survey Abstract Number 927, and consultation with the City Attorney
regarding legal issues associated with the purchase in which his
professional responsibility to the City Council requires private legal
consultation.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED
MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL
ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH
THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER
EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED
MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET
SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA
OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS
ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS
ACT.
Regular Meeting of the City of Denton City Council on Tuesday, June 7, 2005 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
A.
B.
US. Flag
Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
2.
PROCLAMA TIONS/PRESENTA TIONS
A.
B.
Proclamations/Awards
Recognition of staff accomplishments
3.
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 Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A - K). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
If no items are pulled, Consent Agenda Items A - K below will be approved with one motion. If
items are pulled for separate discussion, they will be considered as the first items following
approval of the Consent Agenda.
City of Denton City Council Agenda
June 7, 2005
Page 3
A.
Consider approval of the minutes of:
May 2, 2005
May 3, 2005
May 9, 2005
May 17,2005
May 24, 2005
B.
Consider approval of a resolution nominating a member to the Board of Managers
of the Denco Area 9-1-1 District; and declaring an effective date.
C.
Consider approval of a resolution of the City of Denton, Texas, approving the
2006 Budget of the Denton Central Appraisal District; and providing an effective
date.
D.
Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a purchase order through the Buy Board
Cooperative Purchasing Network for the acquisition of a McCloskey 628 RE
Portable Screen by way of an Interlocal Agreement with the City of Denton; and
providing an effective date (File 3338 - Screener for Beneficial Reuse Division
awarded to McCourt and Sons Equipment, Inc. in the amount of $242,676). The
Public Utilities Board recommends approval (7-0).
E.
Consider adoption of an ordinance of the City of Denton, Texas approving the
Addendum A to the Interlocal Cooperation Agreement between the City of
Denton and the Denton County Transportation Authority providing Link
operations funding for fiscal year 2004-2005; and providing an effective date.
F.
Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a First Amendment to agreement for Professional Legal
Services with the firm of Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C.
for legal services pertaining to continuation of representation of the City before
the Public Utility Commission of Texas, in connection with its Transmission Cost
of Service Case; authorizing the expenditure of funds therefor; providing for
retroactive effect of the agreement; and providing an effective date. The Public
Utilities Board recommends approval (7-0).
G.
Consider adoption of an ordinance of the City Council of the City of Denton,
Texas authorizing the City Manager or his designee to execute a Quit Claim Deed
to convey approximately 0.71 acres to Lexington Park (Denton) Homeowners
Association, said 0.71 acres being situated in the E. Pickett Survey, Abstract No.
1018, in the City of Denton, Denton County, Texas, and being Block A, Lot 23,
of Chaucer Estates, Phase 1, an addition to the City of Denton, Denton County,
Texas, according to the plat thereof recorded in Cabinet Q, Page 267 of the Plat
Records of Denton County, Texas, and providing an effective date.
(Hemmingway Street - Chaucer Estates Subdivision)
H.
Consider adoption of an ordinance to purchase approximately 0.630 acre of land
for Public Utility Easement and approximately 0.779 acre of land for Temporary
City of Denton City Council Agenda
June 7, 2005
Page 4
4.
Construction Easement and Sign Improvements between the City of Denton and
Foxworth-Galbraith Lumber Company, located in the M.E.P.& P.RR. Survey
Abstract Number 927, City of Denton, Denton County, Texas; authorizing the
expenditure of funds therefore; and providing an effective date. (Loop 288 Utility
Relocation Project)
I.
Consider approval of tax refunds for the following property taxes:
Tax
Name Reason
Year
Amount
4
St
rt Ttl
t
2004
$543 13
St
0
H
. e-wa. 1 e- - a.te-r, a.c ve- .a. mean . .
6. Wilson, Rosalyn
Duplicate Payment
2003
$949.04
1.
Consider adoption of an ordinance of the City of Denton, Texas, on second
reading, amending Ordinance No. 2003-239 and Ordinance No. 99-094, which
granted a cable television franchise within the City; providing for an extension to
the term of the franchise agreement between Marcus Cable Associates, L.L.C.,
dba Charter Communications and the City, providing for acceptance of the
extension by Marcus Cable Associates, L.L.C., dba Charter Communications,
providing a cumulative clause; providing for a savings clause; providing a
severability clause; providing for engrossment and enrollment; and providing an
effective date.
K.
Consider a request for an exception to the Noise Ordinance for the purpose of
playing music and operating a public address system at Fred Moore Park during
the Juneteenth Celebration on June 17, 2005 from 6:00 p.m. until 11 :00 p.m. and
on Saturday, June 18th from 11 :00 a.m. until 12:00 p.m. The request is for an
exception to the hours of operation from 10:00 p.m. until 11 :00 p.m. and 12:00
p.m.
ITEMS FOR INDIVIDUAL CONSIDERATION
A.
Consider adoption of an ordinance of the City of Denton, Texas, providing for an
amendment to Chapter 2, Article V Library, Section 2.157 of the Code of
Ordinances of the City of Denton, Texas, to require the payment of an annual fee
for nonresidents for a library card; providing a severability clause; providing for a
savings clause; and providing an effective date.
B.
Consider approval of a resolution of the City Council of the City of Denton,
Texas approving low-moderate income housing tax credits and tax exempt bonds
provided by the Texas Department of Housing and Community Affairs for
Providence Place II, a multi-family development generally located in the 3500
Block of Hudsonwood Drive in the City of Denton, Texas; and providing an
effective date.
City of Denton City Council Agenda
June 7, 2005
Page 5
C.
Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Ed Soph regarding Eureka! Playground.
B. Jordan Hudspeth regarding concerns of Southeast Denton.
C. Lanisha Hudspeth regarding concerns of Southeast Denton.
D. Hagar Hudspeth regarding concerns of Southeast Denton.
E. Willie Hudspeth regarding concerns of Southeast Denton.
F. Dessie Goodson regarding responsibility.
D.
New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
E.
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
F.
Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
G.
Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CER TIFICA TE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of ,2005 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 IMP AIRED 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:
June 7, 2005
CM/DCM/ A CM:
Planning and Development Department
Jon Fortune, Assistant City Manager ft
DEPARTMENT:
SUBJECT: Quarterly Report
Receive a report, hold a discussion and give staff direction regarding the Quarterly Review,
Development Code amendments, and priorities.
BACKGROUND
When the Council adopted the Denton Development Code, it directed that a quarterly review of
the Development Code be instituted. The procedure used for the Development Code quarterly
review process has been as follows:
1. Advertise a "public forum" (a quarter page ad) scheduled during a Planning and Zoning
Commission meeting.
2. Hold the public forum during a Planning and Zoning Commission meeting with citizens
afforded an opportunity to submit comments either verbally or in writing.
Commissioners and staff may also comment.
3. Summarize the comments in a reading file and send the Quarterly Report to the Planning
and Zoning Commission and City Council.
Attached is the latest Quarterly Review Report and an analysis of Alternative Development Plans
for use in discussion. Staff is proposing to use the Quarterly Report and Alternative
Development Plans Table as tools for Council to prioritize action items.
Council has approved 23 Alternative Development Plans since adopting the Denton
Development Code. Of these, ten have addressed parking between the street and the building,
six have addressed permeable paving, four have addressed divided parking lots and four have
addressed street trees. The remaining ADP' s addressed a variety of issues.
RECOMMENDA TIONS
Priority revisions from the staff perspective include the following:
.
Infill: due to Council July 19,2005
Understand how and why we use overlay zones: Fall 2005
.
.
Parking between the street and the building and front setback issues: Fall 2005
.
Clearing and Grading Regulations: Early 2006
Minor changes for clarity (including such items as accessory dwellings and structures,
distinction between yard and setbacks): Early 2006
.
The Planning and Zoning Commission has high priority for infill, parking between the street and
the building, adding a PD district, and performing Development Code review twice annually.
Staff seeks guidance from Council on its priorities and seeks to have this as a continuing
discussion with Council as new issues are raised in the Quarterly Review.
ATTACHMENTS
1. Quarterly Report
2. ADP Analysis
Prepared and respectfully submitted by:
'Í'íd-./.I¡, I~~~;
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Kelly Carpenter, AICP
Planning and Development Director
Attachment 1
Development Code Quarterly Review Issues
P&Z
Priority
Policy Issue
Future Zoning Map
P&Z
Review
May 2002
July 2002
Status
Has been reviewed by P&Z and placed on hold.
- -.
-~.
Sign amendment for
variable message signs
Multi-family density
Stream buffer
regulations
Brush Creek / Hwy. 377
area zoning
Revised 5/1/05
July 2002
Dec,2003
July 2002
August
2002
June 2002
No Action recommended by Council when issue was
originally raised in July 2002. Staff proposes work to
overhaul sign code in the 2005 - 2006 fiscal year.
Recommended by P&Z on Aug. 28;
Adopted by Council October 15, 2002:
. Multifamily Dwellings within the Downtown Districts
were added the L(S) limitation: "Within this district the
density of apartments will be calculated as one
bedroom equating to .5 units."
Staff has developed a methodology for categorizing
individual stream buffers based on ecological and
hydrological criteria assessed in the field. Through this
process, if the stream buffer is categorized as not being
an Environmentally Sensitive Area (ESA) , it is removed
from the ESA map and ESA restrictions no longer apply.
If an area is determined to be an ESA, it is further
characterized into poor, fair, good, or excellent
categories, based on additional ecological and
hydrological criteria. There has been some discussion
about allowing some modifications to standard ESA
requirements for those ESA's classified as "poor". ESA's
classified as fair to excellent, however, will be preserved
according to the provisions of Subchapter 17 of the
Denton Development Code.
P&Z recommended zoning from NR-2 to NR-1.
Approved by Council November 19, 2002
Page 1 of 5
Development Code Quarterly Review Issues
P&Z
Priority
Policy Issue
NRMU-12 and NRMU
zoning districts
Townhome NRMU-12 and NRMU
zoning districts
P&Z
Review
June 2002
July 2002
August
2002
April 2003
Status
Recommended by P&Z on Aug. 28;
Adopted by Council October 15, 2002:
. Attached Single Family Dwellings within NRMU:
changed to an L(40) "Limited to a maximum of 12
units per acre.
. Retail Sales and Service within NRMU-12: changed to
L(1S) "Uses are limited to no more than 5,000 square
feet of gross floor area per lot. An SUP is required for
additional square footage for Semi-Public Halls, Clubs
and Lodges.
. Professional Services and Offices within NRMU-12
was changed to an L(14) "Uses are limited to no more
than 10,000 square feet of gross floor area."
. Drive-Through Facilities and Quick Vehicle Servicing
within NRMU was changed to permitted with a SUP.
. L(11) was modified to read: "Limited to sit-down only
and no drive up service permitted. Limited to no more
than 100 seats and no more than 4,000 square feet of
restaurant area."
Additional discussion was held with Council on January
21, 2003 on the possible use of an SUP for multi-family
dwellings used as infill (within 200ft of single-family
development). Council directed staff to investigate the
possibility of creating a new Neighborhood Services -
style zoning district allowing for neighborhood centers,
but without the multi-family use.
Council also directed staff to provide a definition of the
term "townhome". Staff has held P&Z work sessions on
9/22/04, 10/13/04 and 11/10/04. Public hearing
scheduled with P and Z for June 21, 2005.
Lot-to-Iot connectivity
Clearing and Grading
Regulations
Manufactured Home
Park Regulations
Excess Parking
Regulations
Revised 5/1/05
Oct 2002
Dec 2002
May 2003
March 2003
To be included in NCTCOG study on citywide roadway
capacity; study to be initiated in April 2003. As of 6/05,
COG is not performing this study.
Staff (Utilities, Engineering & Planning) is identifying
solutions to be considered now that the Tree
Preservation Ordinance is adopted. Anticipate code
revisions late 2005 or early 2006. Nona Muncie will
establish an inter-departmental team.
Revisions to the Manufactured Home Park regulations
were approved by City Council in June 2003.
Staff has performed some research on best practices
elsewhere. No draft has been done.
Page 2 of 5
Development Code Quarterly Review Issues
P&Z
Priority
Policy Issue
P&Z
Review
Industrial Performance
Standards
July 2004
Street Trees
Tree Preservation
March 2003
July 2003
Status
Citizens groups have expressed concern regarding the
industrial performance standards as written in the code.
The view states that additional requirements should be
adopted which address air quality standards for
emissions from industrial uses in the city. Further, the
city should investigate air quality monitoring for
compliance with those standards. No action
recommended by City Council. Minor amendment to
code adopted in November 2003 (applies existing
standards to all industrial uses)
Additional citizen comments on air pollution standards
(both for and against additional standards) submitted
July 2004.
Street Tree regulations revised on 2/22/05
Tree Preservation regulations adopted on 10/19/2004
MF Block Size
July 2003
MF Dwelling Unit
Definition
July 2003
Park Fee Dedication
July 2003
Mapping Issues
July 2003
Revised 5/1/05
As suggested by local subdivision design professional,
the requirement within Subchapter 13, Site Design
Standards 35.13.13, (requiring multi-family projects
greater than 3 acres must contain public or private
streets which divide the project into blocks of 3 acres or
less) is contradictory to the recommended block length of
600 feet. A block, measuring 600 feet along each side,
encapsulates 8.2 acres. Therefore this requirement
should be modified to be consistent. Staff is working on
revisions to the code and is scheduled for CC work
session on June 6, 2005.
Re-evaluate the definition of a dwelling unit as it relates
to student housing and the actual number of students
that occupy a development.
Park fee dedication is calculated on the basis of 1.8
persons per multi-family dwelling unit regardless of the
bedroom mix. The comment was that this is an incentive
for higher density developments as the developer pays
the same for a one-bedroom apartment as they would for
a 4-bedroom apartment. This ordinance needs to be
placed into the Development Code.
Re-evaluate the NR-3 zoning designation in the area of
Amarillo, Panhandle, Fulton and Gregg streets.
Page 3 of 5
Development Code Quarterly Review Issues
P&Z
Priority
Policy Issue
P&Z
Review
Environmental
July 2003
Related to Add a NR-S zoning
Infill district
Dec. 2003
Status
Create a centralized department of environmental affairs
administered by an environmental compliance officer and
overseen by an environmental commission. The Division
of Environmental Quality was established in December
2004.
Issue raised by Councilman Burroughs to address
density issue between NR-4 and NR-6. Council
addressed this issue in February 2004 and staff and
directed staff to utilize Overlay Districts within
Subchapter 7 of the Development Code.
Johnson St. area - add
SUP for warehouses
Dec. 2003
Related to Federally funded
Infill projects
Dec. 2003
Landscape
requirements for
industrial &warehouse
facilities.
April 2004
Johnson Street area currently contains a mix of single-
family houses and warehouses but the majority of the
entire area is zoned DR-2 which does not allow for
warehouses.
Single-family redevelopment using federally funded
housing programs typically involve unplatted property
and typically request variances from sidewalk, perimeter
paving and other requirements which takes months and
delays the demolition of substandard housing and the
variances are usually approved. Request is to revise the
code to exempt either;
0 Private for profit & non-profit developers of
previously developed sf lots.
0 Non-profit, affordable housing developers,
0 Where owner is participating in the City's Home
Improvement loan program.
This issue may be addressed with revisions to infill.
Initial research has been done as of 06/05.
Council has expressed concerns over the amount of
landscaping required for industrial uses. Options
discussed with P and Z on May 25. Another work
session will be held with P and Z.
Special Purpose &
Overlay Districts
April 2004
Zero lot line
developments
July 2004
Revised 5/1/05
Council addressed this issue in February 2004 and staff
is working on amendments to Subchapter 7 (Overlay
Districts) of the Development Code (as directed by
Council) to address this issue.
Staffs issue. The existing code does not allow for the
development of "zero lot line" developments. Staff is
currently working on amendments to the code to address
this issue. Anticipate bringing revisions forward in early
2006.
Page 4 of 5
Development Code Quarterly Review Issues
Gas Wells
Aug 2004
Issue raised by citizens requesting a ban on gas wells in
residential and light industrial zoning districts. Concern
is impact on single-family neighborhoods. Also
requested moratorium on gas wells until regulations can
be revised. City Council held a work session on Dec. 12,
2004 to address this issues and recommend no action at
this time.
Parking along streets
Feb. 05
ZBA Variances April 05
Parking requirements @ April 05
the airport
Medical Parking April 05
Requirements
Revised 5/1/05
Issue raised by Allen Bussell (GEES, Inc.) - request that
parking be allowed along all streets except arterials
controlled by TxDOT. Staff has done some initial
thinking about this issue as of 06/05.
Staff Issue: amend code sub chapter 35.3.6 to add
parking and livestock to the variances that can be
granted by ZBA.
Staff issue separate parking requirements should be
developed to address the uniqueness of the airport.
Issue raised by Commissioner Strange - existing code
requirement does not provide adequate parking for
doctor's office. P and A recommended approval on 5/25.
Will be at Council on 6/21/05.
Page 5 of 5
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Divided Parking Lots
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35.13.13.4
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35.13.11
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Pedestrian connectivity
35.13.10.A.a
Driveway Stacking
35.13.10 B.1.b
Lot to Lot Connectivity
35.13.13.2
50% of Bldg. w/in 30' of road
35.13.13.2
On street parking
35.13.13.2
Same bldg. elevation
35.13.6A
Street Trees
35.13.7
Tree Canopy Coverage
35.13.10
Parking Lot landscaping
35.13.12
Light & Glare Standards
35.13.13.3
Orientation to Street
35.13.13.6.A.6
Wall & Landscape Buffer
35.13.8.A
Buffer Requirements
35.13.10.C
Parking lot open space
35.13.13.6.A.2
Sidewalk display & cart storage
35.13.13.6.A.3
Pennanent outdoor display & storage
35.13.13.6.A.4
Seasonal outdoor display and sales
35.12.7.C
Outdoor Storage Requirements
35.13.13.4. A.l
Bldg elevation> 100'
35.13.13.4. A.7
Loading Dock Location
35.13.13.4.B.l
Window Trim
35.13.10.c.2.b
Parking Lot Screening
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35.13.1.B
Divided Parking Lots
35.13.10 Band 35.14.4.F
Perm. Paving
35.13.13.4\
Parking between Bldg & ROW
35.13.13.4
Bldg. Oriented towards street
35.13.11
Drive through
35.13.10
Pedestrian connectivity
35.13.10.A.a
Driveway Stacking
35.13.10 B.1.b
Lot to Lot Connectivity
35.13.13.2
50% of Bldg. w/in 30' of road
35.13.13.2
On street parking
35.13.13.2
Same bldg. elevation
35.13.6A
Street Trees
35.13.7
Tree Canopy Coverage
35.13.10
Parking Lot landscaping
35.13.12
Light & Glare Standards
35.13.13.3
Orientation to Street
~
35.13.13.6.A.6
Wall & Landscape Buffer
35.13.8.A
Buffer Requirements
35.13.10.C
Parking lot open space
35.13.13.6.A.2
Sidewalk display & cart storage
35.13.13.6.A.3
Pennanent outdoor display & storage
35.13.13.6.A.4
Seasonal outdoor display and sales
35.12.7.C
Outdoor Storage Requirements
35.13.13.4. A.l
Bldg elevation> 100'
35.13.13.4. A.7
Loading Dock Location
35.13.13.4.B.l
Window Trim
35.13.10.c.2.b
Parking Lot Screening
AGENDA INFORMATION SHEET
AGENDA DATE: June 7,2005
DEPARTMENT: Legal
CM/DCM/ACM: Herbert L. Prouty, Assistant City Attorney
SUBJECT: Receive a report, hold a discussion and give staff direction concerning the adoption
of an ordinance amending Ordinance Nos. 2004-182 and 2004-298 and Section 2-29 ofthe City
Code relating to Rules of Procedure for the City COlIDCil of the City of Denton, Texas; by
changing the requirements for the City Secretary to keep minutes of meetings and certified
agenda to comply with the Texas Open Meetings Act; and repealing and consolidating
Ordinances 2004-182 and 2004-298; providing the severability clause; and declaring an effective
date.
BACKGROUND: Periodically the City staff consolidates the Rules of Procedure into one
ordinance and recommends changes in the Rilles which will expedite and make Council
meetings more efficient. The last consolidation of the Rules was in July of last year when the
City Council passed Ordinance No. 2004-182 consolidating all amendments to the Rules into one
ordinance, Consolidation makes it easier for the Council, staff and the general public to find the
Rules in one document.
Since Ordinance 2004-182, the Council passed Ordinance No. 2004-298 which made several
changes in the Rules including decreasing the time limits for citizen reports from five (5) to four
(4) minutes, placing citizen reports in a different position on the agenda, requiring groups often
or more speakers to provide written designation to the City Secretary of the speaker
representative, providing for the announcement summarizing the portions of the Rules that apply
to citizen reports and making certain other minor changes to correct statutory references due to
legislative changes. This consolidation Ordinance would combine this Ordinance with the last
consolidation Ordinance No. 2004-182.
In addition, the Interim City Attorney is recommending that you amend Section 2.5 "Minutes of
Meetings" of the Rules by changing the last sentence. Section 551.103 of the Tex. Gov't Code
(the Texas Open Meetings Act) requires a governmental body to either keep a certified agenda or
make a tape recording of the proceedings of each closed meeting, except for a private
consilltation with the City's attorneys, pennitted under Section 551.071. The Attorney General
has consistently ruled that this section does not require the City Council to keep a certified
agenda or tape recording of consultations between the governmental body and its attorneys.
However, because your Rules read that a certified agenda shall be prepared for all closed
meetings, the Mayor has been preparing a certified agenda for consultations with your attorney
held in compliance with Section 551.071 the Tex. Gov't Code. Under the Open Meetings Act,
this is unnecessary and may in fact be disadvantageous to the City in some cases. This is
explained more fully in the Interim City Attorney's status report. We recommend changing the
S,lOur Documents\CiIY ofDeoton\Council emo'P""deoceIRQI"ofl'o-occduroWS RAIl.. ofProce- Amendroontdoc
Agenda Information Sheet
June 7, 2005
Page 2
second sentence of this section to make it clear that the Mayor will only keep the certified
agenda for those closed meetings where a certified agenda is required to be kept under the Open
Meetings Act.
This matter is being brought to you first as a work session item because Section 2.14 of your
Rules provides that any proposed amendments or new rules must first have been introduced
before you at a prior Council meeting before the Rules can be amended.
RECOMMENDATION: Staff recommends that you approve the Ordinance. Consolidating the
amendments into one ordinance will facilitate utilization of the Rules by the Council, the staff
and the general public. Changing the requirement to keep certified agendas to make it consistent
with the Texas Open Meetings Act will eliminate the need to prepare certified agendas for all
consultations with attorneys under Section 551.071 ofthe Tex. Gov't Code. This will eliminate
a task that is unnecessary and create more efficiency in government.
FISCAL IMPACT: The proposed Ordinance has no fiscal impact. The elimination of the need
to keep certified agenda for attorney/client closed meeting consultations may reduce costs by
eliminating an unnecessary task.
Respectfully submitted:
~~4
Assistant City Attorney
S,IQo, Documen,,\ÇityofD,nton\ÇoQnc~ Cm"'J"'O'!ence',Rnk, ofProc,dore\AlS ¡W'" ofProc,dure An",n<tm<nt.<Ioc
SolOu' Docum'nt,ICiIY DrDonloD\Omncil Cmrespoodence\RuI" DfPrDo"¡DrelCC ltul" ufPre,"¡.re Qrd.doc
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NOS. 2004-182 AND 2004-298 AND SECTION
2-29 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY
COUNCIL OF THE CITY OF DENTON, TEXAS; BY CHANGING THE REQUIREMENTS
FOR THE CITY SECRETARY TO KEEP MJNUTES OF MEETINGS AND CERTIFIED
AGENDAS TO COMPLY WITH THE TEXAS OPEN MEETINGS ACT; AND REPEALING
AND CONSOLIDATING ORDINANCES 2004-182 AND 2004-298; PROVIDING A
SEVERABILITY CLAUSE; AND DECLARIJ.\fG AN EFFECTIVE DATE.
WHEREAS, the Constitution and Laws of the State of Texas, and Section 2.07 of the City
Charter of the City of Denton, Texas, hereinafter referred to as City, authorize the City Council of
the City to promulgate and establish rules of procedure to govern and conduct meetings, order of
business, and rules of decorum, while acting as a legislative body representing the City; and
WHEREAS, the City Council deems it in the public interest to amend the minutes of the
. meeting section to clarify that the City Secretary shall only keep minutes of the certified agendas of
those closed session which are required to be kept by the Texas Open Meetings Act; and
WHEREAS, because of its desire to more effectively and efficiently serve the public
through the medium of public meetings, it has become necessary to amend and consolidate all
amendments of the City Council Rules of Procedure; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SFrTION 1. That Ordinance Nos. 2004-182 and 2004-298 and Section 2-29 of the City
Code are hereby amended and consolidated in one ordinance known as the Denton City Council
Rules of Procedure to read as follows:
1. (2-29(a)) Á TITHORTTY
1.1(1) rh~rter: Pursuant to the provisions of Section 2.07 of the Charter of the City of
Denton, Texas, the City Council hereby enacts these rules of procedure for all meetings of the City
Council of the City of Denton, Texas.
During any meeting, a reasonable opportunity shall be given for citizens to be heard under
these rules. These Rules of Procedure are enacted as guidelines to be followed by all persons in the
Council Chamber including the city administrative staff, news media, and visitors.
2. (2-29(b)) GF,NF,RAL RTTLRS
2.1 (1) Mf'.f'.ting,<:: to hf'. Puhl1c: All official meetings of the Council and Council committees
and subcommittees, except closed meetings pennitted by the provisions of the Texas Open
Meetings Act, Chapter 551, TEX. GOVT. CODE ANN. (Vemons Annotated Texas Civil Statutes
2005 (Vernons), as amended, shall be open to the public.
, S:\OUR DOCuMENTSIClTY Of DENTONlCmmcJJ Comspond<nce\Rule! ofl'mc«lure\CÇ Rule! OfPmoedure Ord.doc
2.2 (2) Quorum: Four members of the Council shall constitute a quorwn for the transaction
ofbusÌlless. (Charter, Section 2.06)
2.3 (3) Compel1ing Attendance: No member shall be excused from attendance at a Council
meeting except for good and valid reasons. It will be the duty of the Council member to notify the
City Secretary prior to the meeting at which he or she is going to be absent. The City Secretary will
record each Council member as being present or absent as a part of the minutes prepared for each
Council meeting.
2.4 (4) Misconduct The Council may punish its own members for misconduct consistent
with any Ethics Policy adopted by the Council.
2.5 (5) Minutes of Meetings: An account of all proceedings of the Council shall be kept by
the City Secretary and shall be entered in a book constituting the official record of the Council. A
certified agenda shall be prepared and shall be approved by the Mayor for all closed meetings for
which a certified agenda is required to be kept in accordance with Chapter 551, TEX. GOV'T.
CODE ANN. (Vemons 2005), as amended.
2.6 (6) Questions to Contain One Subject All questions submitted for a vote shall contain
one subject, except the City Council may approve all items which are on the consent agenda in one
motion, regardless of how many subjects are contained in the consent agenda, so long as all items
have been properly posted in accordance with the Texas Open Meetings Act and have not been
removed from the consent agenda by a Council member. If two or more ]X)ints are involved, any
member may require a division, if the question reasonably admits of a division.
2.7 (7) Right of Floor. Any member desiring to speak shall be recognized by the
Chairperson, and shall confine his or her remarks to the subject unœr consideration or to be
considered. No member shall be allowed to speak more than once on anyone subject until every
member wishing to speak shall have spoken.
2.8 (8) City Manager: The City Manager, or Acting City Manager, shall attend all
meetings of the Council unless excused. He or she may make recommendations to the Council and
shall have the right to take part in all discussions of the Council, but shall have no vote. (Charter,
Section 5.03 (d).
2.9 (9) City Attomfif. The City Attorney, or Acting City Attorney, shall be available upon
request for all meetings of the Council unless excused and shall, upon request, give an opinion,
either written or oral, on questions of law. The City Attorney shall act as the Council's
parliamentarian.
2.10 (10) City Secretary: The City Secretary, or Acting City Secretary, shall attend all
meetings of the Council unless excused, and shall keep the official minutes and perfonn such other
duties as may be requested by the Council.
2.11 (11) Officers and Employees: Any officer or employee of the City, when requested
by the City Manager, shall attend any meeting of the Council. If requested to do so by the City
PAGE 2
S,\OUR DOCUMENTS\CITY OF DENTON\CoIIDciJ CoIrespo:rodeaçes ofl'roced!lre\CC Rules of Procedure OnLdoc
Manager, such employee may present infonnation relating to matters before the Council.
2.12 (12) Rules of Order: These rules govern the proceedings of the Council in all cases,
except that where these rules are silent, the most recent Edition of Robert's Rules of Order revised
shall govern.
2.13 (13) Suspension of Rules: Any provision of these rules not governed by the City
Charter or Code may be temporarily suspended by the affinnative vote of four members of the
Council. The vote on any such suspension shall be taken by yeas or nays and entered into the
minutes of the Council.
2.14 (14) Amendment of Rules: These rules maybe amended, or new rules adopted by the
affinnative vote of four members of the Council, provided that the proposed amendments or new
rules shall have been introduced before the City Council at a prior Council metring.
3. (2-29(c» CODE OF CONDUCT
3.1 (1) Council members:
a. During Council meetings, Council members shall preserve order and decorum and shall
neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the
rules of the Council.
b. A Council member, once recognized, shall not be inteIrupted while speaking unless
called to order by the Mayor or presiding officer, unless a point of order is raised by another
member or the parliamentarian, or unless the speaker chooses to yield to questions from another
member. If a Council member is called to order while he or she is speaking, he or she shall cease
speaking immediately until the question of order is detennined. If ruled to be in order, he or she
shall be permitted to proceed. If ruled not to be in order he or she shall remain silent or shall alter
his or her remarks so as to comply with rules of the Council.
3.2 (2) Administrative Staff
a. Members of the Administrative staff and employees of the City shall observe the same
rules of procedure and decorum applicable to members of the Council, and shall have no voice
unless and until recognized by the Chair.
b. While the presiding officer shall have the authority to preserve decorum in meetings as
far as staff members and City employees are concerned, the City Manager also shall be responsible
for the orderly conduct and decorum of all City employees under his or her direction and control.
c. The City Manager shall take such disciplinary action as may be necessary to insure that
such decorum is preserved at all times by City employees in Council meetings.
d. All remarks and questions addressed to the Council shall be addressed to the Council as
a whole and not to any individual member thereof
PAGE 3
S,\OUR DOCUMENTSICITY OF DENTON\CQQncil o,""'IX'nd<ll<.\R.u1.. orProoedurelCC Roo orProœiure On!.doc
e. No staff member, other than a staff member having the floor, shall enter into any
discussion either directly or indirectly without pennission of the presiding officer.
3.3 (3) Citizen~:
a. Citizens and other visitors are welcome to attend all public meetings of the City
Council, and will be admitted to the City Council Chamber or other room in which the City
Council is meeting, up to the fire safety capacity of the room.
b. All meeting attendees shall conduct themselves with propriety and decorum.
Conversations between or among audience members should be conducted outside the meeting
room. Attendees will refurin from excessively loud private conversations while the Council is in
seSSlOn.
c. Unauthorized remarks ITom the audience, stamping of the feet, applauding, whistles,
yells, and similar demonstrations shall not be permitted.
d. Placards, banners, or signs will not be permitted in the City Council Chamber or in
any other room in which the City Council is meeting. Exhibits, dispays, and visual aids used in
connection with presentations to the City Council, however, are permitted.
e. Audience members may not place their feet on any chairs in the City Council Chamber
or other room in which the City Council is meeting.
f. Only City Council members and City staff may step on to the dais.
g. All people wishing to address the City Council shall first be recognized by the
presiding officer and shall limit their remarks to the matter under discussion.
h. All remarks and questions addressed to the City Council shall be addressed to the City
Council as a whole and not to any individual members.
i. Any person addressing the City Council in the City Council Chamber shall do so from
the lectern unless physically unable to do so. People addressing the City Council shall not be
permitted to approach the dais. If they wish to hand out papers or other materials to the City
Council, they should express that desire to the presiding officer, and the City Manager shall
direct a staff member to hand out the materials.
j. When the time has expired for a presentation to the City Council, the presiding cfticer
shall direct the person speaking to cease. A second request from the presiding officer to cease
speaking shall be cause of the removal of the speaker if that person continues to speak.
k. Equipment, apparatus, or paraphernalia such as camera tripods, easels, or wheelchairs
shall not obstruct, block, or otherwise be located in the doorway, entranœway, or walkways of
PAGE 4
S:\OUR DOCUMENTSIClTY OF DENTONlCouncil Co=pond",ce\Rul" nfl'rocodarelCC P.vJes ofProcedweOrd.doc
the City Council Chambers or of any other room in which the City Council may choose to meet.
Representatives of the electronic media may set up cameras and other equipment only in the back
of the room. It is pennìssible for television camera operators to film for short periods of time
(several minutes) from the entranceway to the City Council Chambers using hand-held cameras
only. Any radio station, wmch broadcasts the regular City Council meetings live may hook their
equipment up at the front of the room as long as it remains out of sight and out of the way.
1. There will be a unifonned City of Denton police officer present at all regular meetings
of the City Council. This police officer shall act in the capacity of a æcurity officer/sergeant-at-
arms, and shall enforce the meeting rules and act upon the direction of the presiding officer.
m. Any person making personal, impertinent, profane, or slanderous remarks, or who
becomes boisterous while addressing the City Councilor who otherwise violates any of the
above-mentioned rules while attending a City Council meeting shall be removed from the room
at the direction of the presiding officer, and the person shall be barred from further audience
before the City Council during that session of the City Council. If the presiding officer fails to
act, any member of the City Council may move to require the offending person's removal, and
the affinnative vote of a majority of the City Council shall require the presiding officer to act.
The sergeant-at-arms, if so directed by the presiding officer or an affinnative vote of the majority
of the City Council, shall remove the offending person from the meeting.
3.4 (4) Enforcement The City Manager, in the absence of a designated law enforcement
officer, shall act as Sergeant-at-Anns for the Council, and shall furnish whatever assistance is
needed to enforce the rules of decorum herein established.
3.5 (5) Seating Arrangement: The City Secretary, City Manager and City Attorney shall
occupy the respective seats in the Cmmcil Chamber assigned to them by the Mayor, but any two or
more members of the Council may exchange seats.
4. (2-29(d)) TYPES OF MEETINGS
4.1 (1) R~J.I1ar Meetings: The Council shall meet at 6:30 p.m. on the first and third
Tuesday of each month, with executive sessions (closed meetings) of the Council commencing at
5:30 p.m., or at any other time set by the Council, unless the meeting is postponed or cancelled for
valid reasons. All regular meetings of the Council will be held in the Municipal Building à 215
East McKinney Street, Denton, Texas or at such other location as the City Council may, by motion,
resolution or ordinance from time to time designate.
4.2 (2) Special Meetings: Special meetings may be called by the Mayor, the City Manager,
or by any three members of the Council. The call for a special meeting shall be filed with the City
Secretary in written fonn, and he or she shall post notice thereof as provided by the Texas Open
Meetings Act, TEX. GOV'T. CODE ANN. § 551.001, et seq. (Vemons 2005, as amended). The
Mayor, City Manager, or three of the council members may designate a location for the special
meeting other than the Municipal Building as long as the location is open to the public.
4.3 (3) Workshop Meetings: Workshop meetings or work sessions may be held from 4:30
PAGE 5
S:\OUR DOCUMENTSICITY OFDENTONICouncil Comspondmce\Rules ofProcedure\CC RW.. of Procedure Ohi.doc
p.m. to 5:15 p.m. on the first and third Tuesday of each month, or at such other times the Agenda
Committee may designate, to discuss near to mid range issues. Workshop meerings or work
sessions may be held from 5:15 p.m. to 6:30 p.m. or at such other times as the agenda committee
may designate, on the first and third Tuesday of each month, to answer Council questions
concerning consent agenda items. Workshop or Work Sessions may be held from 4:00 p.m. to 6:30
p.m. or at such other times as the Agenda Committee may designate, on the second Tuesday of
each month to discuss mid to long-range issues. Workshops or Work Sessions may be called using
the same procedure required for special meetings as provided for in Sectiœ 4.2(2) above. The
purpose of the workshop meeting is to discuss or explore matters of interest to the City, to meet
with City boards, commissions, or committee members, City staff or officers of civic organizations,
governing bodies or individuals specifically invited to the session by the Mayor, Councilor City
Manager. These meetings are infonnational and nonnally, no final action shall be taken unless the
posted agenda indicates otherwise. Citizens or other interested persons attending the work sess.on
will not be allowed to participate in the session unless invited to do so by the Mayor. Citizens
should be advised of the nature of the work session and that their input may be received and
considered at a regularly scheduled council meeting where the agenda provides for final action to
be taken on the matter. The purpose of this procedure is to allow the citizens attending the regular
meeting the opportunity of hearing the views of their fellow citizens in a more fonnal setting. Any
citizen may supply the City Council a written statement or report regarding the citizen's opinion on
a matter being discussed in a work session. If the Mayor invites citizens to participate in a work
session, their participation will cease at the point the Mayor closes he session to public input to
allow the Council to give City staff direction as to needed infonnation for the possible future
meeting without distracting comment from the audience.
4.4 (4) Emergency Meerings: In case of emergency or urgent public necessity, which shall
be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor, the
City Manager or by three members of the Council, and it shall be sufficient if the notice is posted
two hours before the meeting is convened.
4.5 (5) Closed Meetings: The Council may meet in a closed meeting pursuant to the
requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOVT CODE ANN. (Vemons
2005), as amended.
4.6 (6) Recessed Meetings: Any meeting of the Council may be recessed to a later time,
provided that no recess shall be for a longer period than until the next regular meeting.
4.7 (7) Norice ofMeerings: The agenda for all meetings, including Council Committee or
Subcommittee meetings, shall be posted by the City Secretary on the City's official bulletin board
and notice of all meetings shall be given by the City Secretary pursuant to the requirements of the
Texas Open Meetings Act, Chapter 551, TEx. GOVT CODE ANN. (Vemons 2005, as amended.)
5. (2-29(e» PRESIDING OFFICRR AND DnTTRS
5.1 (1) Presiding Officer. The Mayor, or in the absence of the Mayor, the MayorPro-Tem,
shall preside as chairman, or presiding officer at all meetings of the Council. In the absence ofboth
the Mayor and Mayor Pro- Tem, the Council shall elect a temporary presiding officer. (Charter,
PAGE 6
S:\OUR DOCuMENTSIClTY OF DENTONlCouncil ~<IRnI" ofPro<odure\CC Rut" ofPro<edure ÙI1idoc
Section 2.03)
5.2 (2) Ca11 to Order: The meetings of the Council shall be called to order by the Mayor, or
in his or her absence, by the Mayor Pro- Tern. In the absence of both the Mayor and the Mayor Pro-
Tern, the meeting shall be called to order by the City Secretary, and a ternporary presiding officer
shall be elected as provided above.
5.3 (3) Preservation of Order: The presiding officer shall preserve order and decorum, and
confine members in debate to the question under discussion. The presiding officer shall call upon
the Sergeant-at-Arms as necessary to enforce compliance with the rules contained herein.
5.4 (4) Points of Order: The presiding officer shall determine all points of order, subject to
the right of any mernber to appeal to the Council. If any appeal is taken, the question shall be,
"Shall the decision of the presiding officer be sustained?". If a majority of the members present
vote uNo", the ruling of the chair is overruled; otherwíse, it is sustained.
5.5 (5) Questions to be Stated: The presiding officer shall state all questions submitted for
a vote and announce the result. A roll call vote shall be taken upon the request of any member, and
upon the passage of all ordinances and resolutions.
5.6 (6) Substitution for Presiding Officer. The presiding officer may call any other
member to take his or her place in the chair, such substitution not to continue beyond adjournment.
5.7 (7) Can for Recess: The presiding officer may call for a recess of up to fifteen (15)
minutes at regular intervals of approximately one hour at appropriate points in the meeting agenda,
or if requested by any two members.
6. ORDER OF BUSINESS (Section 2-29 (t)
6.1 (1) Agenda: The order of business of each meeting shall be as contained in the agenda
prepared by the City Manager, which shall be reviewed and approved by an Agenda Committee
composed of the Mayor, the Mayor Pro Tern, and the City Manager. When items are remwed
from the consent agenda and placed on the regular agenda by members of the Council, the removed
items shall be taken up in the order of removal right after the consent agenda. Placement of items
on the agenda shall be governed by this Section and Section 6.3; provided that if a Council member
has an "emergency" item that the Council member believes should be placed on the next regular or
special meeting agenda, the placement must be approved by two members of the Agenda
Committee. Conduct of business at special meetings and Council Committees and subcommittees
will likewise be governed by an agenda and these Rules of Procedure.
6.2 (2) P1edge of Al1egjance: Each agenda shall provide an item for the recital of the
"Pledge of Allegiance" at the regularly scheduled city council meetings. This item shall begin with
the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the
pledge of allegiance for the Texas state flag in accordance with Section 3100.101 of the Tex. Gov't
Code.
PAGE 7
S:\OUR DQCUMENTSIÇITY OF DENTONlOnmoil ~.\Rul.. ofProœdute\CC Rules ofPro<:edure OnI.doc
6.3 (3) Presentations hy Memhers of Counci1: The agenda shall provide a time when the
Mayor or any Council member may bring before the Council any business that he or she feels
should be deliberated upon by the Council at a future Council meeting. These matters need not be
specifically listed on the agenda, but discussion and fonnal action on such matters shall be deferred
until a subsequent Council meeting. Any member may suggest an item for discussion at a future
work session. The City Manager or city staff shall only respond preliminarily on this item at the
work session. If the City Council believes the item rð:J.uires a more detailed review, the Council
will give the City Manager or City Staff direction to place the item en a future regular meeting
agenda and advise staff as to the background materials to be desired at such meeting.
6.4 (4) Presentation by Citizens:
a. Citizen Reports: Any person who wishes to place a subject on the Council agenda at
regular City Council meetings shall advise the City Manager's office of that fact and the specified
subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday
prior to the Council meeting at which he or she wishes the designated subjfCt to be considered. A .
time for such citizen reports shall be provided on the agenda after the approval of items for
individual consideration and before the item "consideration of new business." Any speaker
providing a citizen report shall speak. for no longer than four (4) mìnutes on all items that he or she
may bring before the Council at each meeting, unless the Mayor or the majority of the Council
grants an extension of time. No citizen may fill out a "request to speak" fonn or have an
opportunity to speak or comment on another citizen's r\eport, which is given at the same Council
meeting. An armouncement shall be made, prior to the time for citizen reports on the agend~
summarizing the main portions of the Rules and Section 3 (2-29(c)), "Code of Conduct" as they
may apply to citizens speaking to the Council.
b. Speaking on R~1aT and Consent Agenda Items: Any person who wishes to address the
Council regarding a non-public hearing item that is on the Council's agenda for a regular or special
meeting, shall complete a "request to speak" fonn asking to speak regarding the item and shall
return it to the City Secretary before the Council considers the item. Any person wishing to address
the Council on a public hearing item should complete a request b speak fonn and return it to the
City Secretary. The Mayor will call upon the citizen to speak for no longer than three (3) minutes
as that particular agenda item is considered by the City Council except that persons giving citizen
reports shall speak for no longer than four (4) nllnutes and applicants and their agents on public
hearing items shall be allowed to speak for no longer than five (5) nllnutes or as indicated in
paragraph 6.4.d. (5) "Time I jmits." The provisions of this paragraph do not apply to workshop
meetings, and a citizen's right to speak and provide input at these meetings shall be limited and
controlled by subsection 4.3 (2-29(d)(3)) "Workshop Meetings".
c. Any person who wishes to address the Council at a public hearing should comple'e a
"request to speak" fonn and return it to the City Secretary before the applicable hearing. The
Mayor will call upon the citizen to speak for no longer than three (3) nllnutes or five (5) minutes for
applicants and their agents in accordance with paragraph 6.5(5) "Time Limits."
d. Any group or organization comprised of ten or more members present in the City
Council Chambers who wishes to address the Council at a public hearing or on a non-public
PAGE 8
S:IOUR DOCUMENTSlCiTY OF DENTONICotmcil Con<spondeoce\R ofProcedorelCC RuI.. ofProcedote 0nLd0c
hearing agenda item shall designate a representative to address the City Council and shall limit their
remarks to ten (10) minutes or less. The group or organization shall turn in a written designation to
the City Secretary prior to the commencement of the meeting identifying the representative who
will address the City Council on behalf of the group or organization.
6.5 (5) Time Limit,,: Speakers before the Council shall limit their remarks to no more than
three (3) minutes for public hearing items provided that applicants for land use or other public
hearing items and their agents shall limit their remarks to five (5) minutes or less per speaker and
shall have a maximum of fifteen (15) minutes to speak to the item. Citizens reports shall be limited
to four (4) minutes or less. Groups or organizations comprised often or more members shall limit
their remarks in accordance with the parameters established in paragraph 6.4d (2-29(f)(4). At the
discretion of the presiding officer or a majority of the City Council, any speaker may be granted an
extension of time to speak.
6.6 (6) Ora1 Presentations hy City Man&ger. Matters requiring the Council's attention or
action which may have developed after the deadline for delivery of the written communication to
the Council may be presented orally by the City Manager. If fonnal Council action on a subject is
required, such action may be taken only if the provisions of the Texas Open Meetings Act have
been satisfied.
6.7 (7) Presentation ofProc1arnations: The agenda may provide a time for the presentation
of proclamations. The Mayor or presiding officer may deliver and pr~sent proclamations upon the
request of citizens. Proclamations may encompass any activity or theme except that proclamations
with a theme religíous or partisan in nature shall not be presented Moreover, proclamations shall
not be used for any commercial or advertising purpose.
7. CONSIDRRATION OF ORDINANCF.S, RF.SOLUTIONS, AND MOTIONS ()-29(g»)
7.1 (1) Printed or Typewritten Fonn: All ordinances and resolutions shall be presented to
the Council in printed, typewritten or electronicfonn. The Council may, by proper motion, amend
any ordinance or resolution presented to it at the meeting at which it is presented or direct that the
amended ordinance be placed on the next or any future Council Agenda for adoption.
7.2 (2) City Attorney to Approve: All ordinances" resolutions, and contracts and
amendments thereto, shall be approved as to fonn and legality by the City Attorney, or he or she
shall file a written opinion on the legality of such ordinance, resolution or contract prior to
submission to the Council. (Charter, Section 6.02).
. 7.3 (3) Distrihution of Ordinances and Reso1utions: The City Manager shall prepare copies
of all proposed ordinances and resolutions for distribution 10 all members of the Council at the
meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient.
7.4 (4) Recording of Votes: The yeas and nays shall be taken upon the passage of all
ordinances and resolutions and the vote of each member shall be recorded in the minutes. (Charter,
Section 2.06 (b)).
PAGE 9
S,\OURDOCUMENTS\CITY OF DENTONlCouncii COIrespoDdœce\Rnles .r_cc RlIIes of Procodure OId.doc
7.5 (5) Majority Vote Required: An affinnative vote of four (4) members is necessary to
repeal any ordinance or take any official action in the name of the City except as otherwise
provided in the Charter, by the laws of the State of Texas, or these Rules. (Charter, Section 2.06).
7.5.1(a) Tie-Vote: Matters voted on by the City Council which end in a ti6-vote shall
automatically be placed on each subsequent Council meeting agenda until a full Council is present.
7.6 (6) Demand for Roll Cal1: Upon demand of any member, the roll shall be called for
yeas and nays upon any question before the Council, with the exception of those circumstances set
forth in Section 7 12, The Previous Question It shall not be in order for members to explain their
vote during the roll ~1.
7.7 (7) Personal Privilege: The right of a member to address the Council on a question of
personal privilege shall be limited to cases in \\hich his or her integrity, character, or motives are
assailed, questioned, or impugned.
7.8 (8) Dissents and Protests: Any member shall have the right to express dissent ttom or
protest against any ordinance or resolution of the Council and have the reason therefore entered
upon the minutes. Such dissent or protest may be filed in writing, and presented to the Council not
later than the next regular meeting following the date of passage of the ordinance or resohtion
objected to.
7.9 (9) Voting Required: No member shall be excused from voting except for lack of
information and except on matters involving the consideration of his or her own official conduct, or
where his or her personal interests are involved in accordance with Chapter 171, TEX. LOC.
GOV'T CODE ANN. (Vernon 2005), and in these instances he or she shall abstain. Any member
prohibited from voting by personal interest shall announce this at the commencement of
consideration of the matter and shall not enter into discussion or debate rn any such matter and
shall leave the meeting room. The member having briefly stated the reason for his or her request,
the excuse from voting shall be made without debate.
7.10 (10) Order of Precedence of Motions:
a. The following motions shall have priority in the order indicated:
1. Adjourn (when unqualified) and is not debatable and may not be amended;
2. Take a recess (when privileged);
3. Raise a question of privilege;
4. Lay on the table;
5. Previous question (2/3 vote required);
6. Limit or extend limits of debate (2/3 vote n:quired);
PAGE 10
S:\OUR DOCUMENTSICITY OF DENTON\Council Conespcmdmoe\Rules or Procedure\CC Roles of Procedure Ord.dnc
7. Postpone to a certain time;
8. Commit or refer;
9. Amend;
10. Postpone ìndefinitely;
11. Main Motion.
b. The first two motions are not always privileged. To adjourn shall lose its privilege
character and be a main motion if in any way qualified. To take a recess shall be privileged only
when other business is pendìng.
c. A motion to adjourn is not ìn order:
1. When repeated without ìntervening busìness or discussion;
2. When made as an ìnterruption of a member while speaking;
3. "While a vote is being taken.
d. Only certain motions may be amended as provided in the most current edition of
Robert's Rules of Order, revised. A motion to amend shall be undebatalie when the question to be
amended is undebatable.
7.11 (11) Reconsideration: A motion to reconsider any action of the Council can be made
not later than the next succeeding official meeting ofthe Council. Such a motion can only be made
by a member who voted with the prevailing side. It can be seconded by any member. In order to
comply with the Texas Open Meetings Act, any Council member who wishes to make such a
motion at a meeting succeeding the meeting where the action was taken shall notify the City
Manager to place the item for reconsideration on the Council agenda. No question shall be twice
reconsidered, except by unanimous consent of the Council, except that action related to any
contract may be reconsidered at any time before the final execution thereof A matter which was
not timely reconsidered in the manner provided by this section or was reconsidered but the action
originally taken was not changed by the Council cannot be reintrcduced to the Councilor placed on
a Council meeting agenda for a period of six (6) months unless this rule is suspended as provided
for in these Rules of Procedure.
7.12 (12) The Previous Question' When the previous question is moved and seconded, it
shall be put as follows: .'Shall the main question be new put?'. There shall then be no further
amendment or debate; except that nothing herein shan anow the previous question to be cal1ed prior
to a 1ea..;~t one opportunity for each member of the Counci1 to speak on the question before the
Counci1. Any pendìng amendments shall be put ìn their order before the main question. If the
motion for the previous question is lost, the main question remains before the Council. An
PAGE 11
S,IOUR DOCUMENTSICITY OF DENTON\COlmcil~.. .fFrocedure\CC Rul...fPtoc-. Ot<Ldoc
affinnative vote of 2/3 of the Council shall be required to move the previous question. To demand
the previous question is equivalent in effect to moving "That debate now cease, and the Council
shall immediately proceed to vote on the pending motion". In practice, this is done with the phrase
"Call for the question", or simply saying "Quesfun".
7.13 (13) Withdrawal of Motions: A motion may be withdrawn, or modified, by its
movant without asking pennission until the motion has been stated by the Presiding Officer. If the
movant modifies his or her motion, the seconding council member may withdraw his or her second.
After the question has been stated, the movant shall neither withdraw it nor modify it without the
consent of the Council. The subject different ITom that under consideration shall be admitted under
color of amendment. A motion to amend an amendment shall be in order, but one to amend an
amendment to an amendment shall not be in order.
7.14 (14) Appropriations of Money: Before fonnal approval by the CoWlcil of motions
providing for appropriation of money, infonnation must be presented to the Council showing
purpose of the appropriation. In addition, before finally acting on such an appropriation, the
Council shall obtain a report ITom the City Manager as to the availability of funds and his or her
recommendations as to the desirability of the appropriation.
7.15 (15) Transfer of Appropriations: At the request of the City Manager, at any time
during the fiscal year, the Council may by resolution transfer an unencumbered balance of an
appropriation made for the use of one department, division, or putpose; but no transfer shall be
made of revenues or earnings of any non-tax supported public utility to any other putpose.
8. CRRATION OF CO1\1MTTTEES, BOARDS AND CO1\1MTSSTONS (Þ29(h})
8.1 (1) Conncil Committees: The Council may, as the need arises, authorize the
appointment of the "ad hoc" Council committees. Any committee so created shall cease to exist
upon the accomplishment of the special putpose for which it was created or when abolished by a
majority vote of the Council.
8.2 (2) Citizen Boards, Commissions, and Committees: The Council may create other
Committees, Boards and Commissions to assist in the conduct of the operation of the City
government with such duties as the Council may specify not inconsistent with the City Charter or
Code. Memberships and selection of members shall be as provided by the Council if not specified
by the City Charter or Code. Any Committee, Board, or Commission so created shall cease to exist
upon the ~mplishment of the specw purpose for which it was created, or when abolished by a
majority of the vote of the Council. No Committee so appointed shall have powers other than
advisory to the Council or to the City Manager, except as otherwise specified by the Charter or
Code.
8.3 (3) Appointments:
a. Individual City Council members making nominations for members to citizen boards
and commissions will consider interested persons on a citywide basis.
PAGE 12
S:\OUR DOCuMENTsICITY OF DENTONlC<>uncii ~ of_ICC Rules ofPro<:-. Orddoc
b. The City Council will make an effort to be inclusive of all segmentsofthe community in
the board and commission appointment process. City Council members will consider ethnìcity,
gender, socio-economic levels, and other factors to ensure a diverse representation of Denton
citizens.
c. The City . Council will take into oonsideration an individual's qualifications, willingness
to serve, and application infonnation in selecting nominations for membership to each board and
co 1111111 s S 10 n.
d. In an effort to ensure maximum citizen participation, City Council members will
continue the general practice of nominating new citizens to replace board members who have
served three consecutive, full tenus on the same board.
e. Each City Council member will be responsible for making nominations for board and
commission places assigned to him or her, which may correspond to the City Council member's
place. Individual City Council members will make nominations to the full City Council for the
governing body's approval or disapproval.
8.4 (4) Ru1e~ of Procedure: Board and Commission members shall comply with the
provisions of Article III of Chapter 2 of the Code of Ordinances, Each Board shall be provided a
copy of these rules of procedure and each advisory board shall adopt rules of procedure governing
the operation of its board, incorporating Sections 2, 3, 5, and 7 hereof insofar as is possible.
9. VOTES REQIJIRED (2-29 (1»
Questions on which the voting requirement is varied by the Charter, State Statutes and these
rules are listed below:
9.1 (1) Charter and State Statutory Requirement~:
a. Charter Amendment - Five Vote~: Ordinances submitting proposed Charter
amendments must be adopted by a two-thìrds vote of the Council. (Article XI, Section 3, Texas
Constitution and Chapter 9, Texas Local Government Code (Vemons 2005.) For a seven member
Council, thìs means five members must vote affinnatively.
b. Levying Taxe~ - Five Votes: Ordinances providing for the assessment and collection of
certain taxes require the approval of two-thirds of the members of the Council (Section 302.101
Texas Tax Code) (Vemons, 2005).
c. Changjng Paving A~~e~sment P1an~ - Five VoteR: Changes in plans for paving
assessment require a two-thirds vote of the Council (Section 313.053(e) Transportation Code,
Vemons 2005).
d. Chan~s in 7.oning Ordinance or Zoning C1assifications: In cases of a written protest of
a change in a zoning regulation or zoning classification by the owners of twenty (20%) percent or
PAGE 13
. . .
S:\OUR DOCUMENTS\CJTY OF DENTON\Counci! Com:.pondmç<\RuI.. of Procedure\CC Rules ofl'rocedllfe Otd.doc
more either of the area of the lots included in such proposed change, or of the bts immediately
adjoining the same and extending two hundred feet (200') therefrom, such amendment shall not
become effective except by the favorable vote of three-fourths (3/4) of all members of the City
Council; six (6) votes of the City Council. is req.rired to override the decision of the Planning and
Zoning Commission that a zoning change be denied (Section 211.066 Tex. Loc. Gov't Code and
Section 35.3.4.C.(4) Denton City Code (Development Code).
e. Amendment of Tax Abatement Poli1::y: The guidelines and criteria adopted as the City's
Tax Abatement Policy may be amended or repealed by a vote of three-fourths (3/4) of all members
of the City Council (Section 312.002(c)) Texas Tax Code (Vemons 2005).
10. SEVERARTI,ITV CLAUSE (2-29(j»
That if any section, subsection, paragraph, sentence, clause, phrase or word in this
ordinance, or application thereof to any person or circumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining porions of this
ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION 2. That Ordinance Nos. 2004-182 and 2004-298 are hereby repealed.
SRCTTON 3. That this Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY:
PAGE 14
AGENDA INFORMATION SHEET
AGENDA DATE:
June 7, 2005
CM/DCM/ A CM:
Planning and Development Department
Jon Fortune, Assistant City Manager ft
DEPARTMENT:
SUBJECT: SIO5-0003 (Extended Stay HotelMotel Facilities)
Receive a report, continue discussion and give staff direction concerning proposed policy
recommendations for regulating and enforcing extended stay hotel/motel facilities.
BACKGROUND
On May 1, 2005, staff provided the City Council with information concerning extended stay
hotel/motel facilities, specifically with regards to land use and taxation issues. The City Council
directed staff to:
1. Prepare an outline of proposed amendments to the development code to specifically
regulate extended stay facilities and
2. Identify enforcement problems/issues encountered by other communities with extended
stay hotel/motel facilities regulations.
DISCUSSION
The Comprehensive Planning and Research staff looked at development regulations for extended
stay facilities of nine other cities in the Dallas-Fort Worth Metroplex. Only three cities,
Carrollton Lewisville and Arlington, specifically regulate and treat extended stay facilities
differently from regular over night stay hotel/motel facilities and that responded to our request
for information.
Research
City of Carrollton requires a SUP for all extended stay/suite hotels or limited service
hotels. Enforcement is handled through Code Enforcement and is complaint based.
Within the past year, there have been no complaints.
City of Lewisville has tried to tackle this situation through both zoning and development
standards. A hotel, motel or inn is a non-residential use and is only allowed in specified
non-residential zoning districts. However, if more than 20% of the guest rooms of the
establishment are occupied by a person who has the right to use or possess a guest room
for at least 60 consecutive days without interruption, then the use of such establishment is
classified as residential. Residential uses are not permitted in a non-residential zoned
area. Since regulation was established, there has only been one hotel built.
1
City of Arlington allows residence hotel/motel facilities with a Specific Use Permit or as
part of a Planned Development (PD) zoning district. After construction is complete, the
minimum development standards are enforced by Code Enforcement. As part of its
Multi-family Inspection Program, each year apartment complexes and hotel/motel
facilities are inspected for fire hazards, structural defects and compliance to city
regulations. Enforcement is complaint based
Summary of recommended amendments to regulations
Attachment 1 to this staff report is a set of draft regulations for Council's consideration. Below,
the content of those regulations is summarized:
1. Amend the definitions of bed and breakfast, hotels, motels and extended stay
hotel/motel facilities to:
2. Create a new limitation, L(12), for extended stay facilities and amending use tables in
Subchapter 35.5 to:
a. Treat extended stay facility uses differently from other hotel and motel uses;
b. Allow extended stay hotel/motels with an SUP and only in specific zoning
districts (CM-G, CM-E, RCC-N, RCC-D, and EC-C); and
c. Establish criteria for the Planning and Zoning Commission and City Council
to consider in determining the appropriateness of Extended Stay/Suite Hotels.
Any new extended stay hotel/motel must meet the site design standards in Subchapter 13.
However, these proposed new regulations would not apply to existing hotel/motel and extended
stay facilities. Existing hotel/motel facilities can still expand under the special exception
provision of the Development Code, wherein the adoption of the Code would not cause any
existing, legal use of property to become nonconforming. Therefore, properties with legal
extended stay facilities in place on February 20, 2002, automatically have the Special Exception
designation.
An existing extended stay hotel/motel could be expanded up to 1,000 square feet or 25% of the
existing floor area, whichever is greater, according to the expansion applicability table in
Subchapter 13 - Site Design Standards. A site plan, traffic impact analysis, landscaping and tree
canopy, building design standards, parking lot landscaping and street trees are also required.
Enforcement
As with any development standards identified in the Development Code, enforcement of the
construction and development standards for extended stay facilities will be the responsibility of
the Building Inspections Division during the permitting process and the issuance of Certificates
of Occupancy (COs). Violation of these development standards will be the responsibility of the
Code Enforcement Division and in the absence of any annual inspection program, will be
complaint-based.
Monitoring of maximum length of stay requirements could be accomplished with the assistance
of the Taxation Department. Hotels and motels are required to provide monthly occupancy tax
reports to the City's Tax Department. These reports must include location of the facility,
management, revenues received, and whether or not any exemptions from the state hotel
occupancy tax is claimed. Criteria for exemptions include government employees and guest
2
stays that extend beyond 30 days. If an exemption is claimed, the hotel/motel must provide the
City with a worksheet identifying the name of the guest, the length of stay, and the amount paid.
If the hotel and/or motel are in violation of the proposed regulations, this information could be
reported to Code Enforcement as a violation.
OPTIONS
1. Direct the staff to pursue proposed amendments to the Development Code relating to
extended stay facilities.
2. Direct the staff to prepare additional amendments to the development code regulating
extended stay facilities.
3. Direct the staff to leave the code as it is.
ATTACHMENT
1. Draft regulations for hotel/motel and extended stay hotel/motel facilities.
2. Summary of Other Cities' hotel/motel regulations and enforcement issues.
Prepared by:
~~~
Dedra Denée Ragland, AICP
Comprehensive Planning and Research Manager
Respectfully submitted:
~~
Kelly Carpenter, AICP
Director of Planning and Development
3
Attachment 1
Draft Hotel/Motel and Extended Stay Hotel/Motel Facility Regulations
Definitions (Subchapter 23)
The Development Code does provide a definition for "extended stay facility." Staff recommends
expanding the definition
Recommended revisions (additions are underlined and deleted text is stricken through):
Subchapter 23 - "Definitions" of the Denton Development Code provides the following:
Bed and Breakfast Facilities: A detached dwelling in which rooms are rented and meals
may be served to transient guests on an overnight basis. Structures must be owner-
occupied (operator of the inn shall live on the premises) and are limited to no less than
five (5) bedrooms. A minimum of one meal per day shall be served on the premises for
the benefit of guest. A bed and breakfast is a non-residential use.
Hotel: A facility offering transient lodging accommodations to the general public at a
daily rate for a period of time not to exceed thirty (30) days, and providing additional
services, such as restaurants, meeting rooms, and recreational facilities. Guest quarters
are accessible through a main entrance and by hallways. Up to 10 percent of the total
number of rooms in an establishment can provide a place for people requiring a longer
stay of up to nine consecutive months.
Motel: A structure or group of structures on the same lot containing individual guest
units for rental to transients, with separate exterior entrances, and consisting of individual
sleeping quarters, detached or in connected rows, with or without cooking facilities. .!lQ
to 10 percent of the total number of rooms in an establishment can provide a place for
people requiring a longer stay of up to nine consecutive months.
HotelMotel, Extended Stay: A facility consisting of five (5) or more guest rooms and
offering more than 10% of its units for stays extending for periods of one week up to
thirty (30) days at a time. The facility's rental units A facility offering transient lodging
rooms and/or suites to the general public, including lodging quarters for corporation and
businesses, intended to be used, or which are used, rented, or hired out to be occupied or
'.'Ihich are occupied for sleeping purposes for guests, may contain up to two bedrooms,
contain kitchen facilities for food preparation including, but not limited to, refrigerators,
stoves, and ovens, and which may also include living areas, as well as room service for
food and beverages and shall provide maid service and laundering of linens.
Additionally, these establishments may contain a restaurant within the building, which
may also contain meeting space. Associated uses may include additional services such as
meeting rooms, restaurants, health spas, retail shops and beauty shops. and which are
furnished to the public for periods of one week or more. This definition shall not include
other dwelling units as defined in this Code.
Development Code: Permitted Uses (Subchapter 5)
The Development Code does not differentiate between hotel/motel and extended stay facilities in
the use tables in Subchapter 5 - "Zoning Districts and Limitations," hotels and motels are
explicitly permitted by right in the following zoning districts:
4
NRMU ./
DC-G ./
CM-G ./ ./
CM-E ./ ./
RCC-N ./ ./
RCC-D ./
EC-C ./ ./
EC-I ./
IC-E ./ ./
Recommended revision:
Staff recommends that extended stay facilities be treated as a separate use from other regular
overnight hotel/motel facilities. Allow extended stay hotel/motels with an SUP and only in the
CM-G, CM-E, RCC-N, RCC-D, and EC-C zoning districts. Create new limitation, L(12), which
establishes development standards the Planning and Zoning Commission and City Council shall
consider in determining the appropriateness of extended stay hotel/motel facilities and approval
of the SUP. Additions/changes to text are underlined and/or highlighted in yellow.
1. Permitted use tables would be revised as follows:
35.5.1.2
Permitted Uses
Commercial land Use Categories RD-5 RC
Hotels
N
N
Motels
N
N
P= Permitted, N=not permitted, SUP= Specific Use Permit Required,
L(X) = Limited as defined in Section 35.5.8
35.5.2.2
Permitted Uses
Commercial Land Use Categories NR-1 NR-2 NR-3 NR-4 NR-6 N~~U- NRMU
Hotels
N
N
N
N
N
N
P
Motels
N
N
N
N
N
N
N
Bed and Breakfast
P
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8
5
35.5.3.2
Permitted Uses
Commercial Land Use Categories I DR-1 I DR-2 I DC-N I DC-G
Hotels
N
N
N
P
Motels
N
N
N
N
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
35.5.4.2
Permitted Uses
Commercial land Use Categories CM-G CM-E
Hotels
P
P
Motels
P
P
Bed and Breakfast
N
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
35.5.5.2
Permitted Uses
Commercial land Use Categories RCR-1 RCR-2 RCC-N RCC-D
Hotels
N
N
P
P
Motels
N
N
P
N
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
35.5.6.2
Permitted Uses
Commercial land Use Categories I EC-C I EC-I
Hotels
P
P
Motels
P
N
Bed and Breakfast
N
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
6
2. In addition, staff recommends that Hotels and Motels not be permitted in the IC-E zoning
district.
35.5.7.2
Permitted Uses
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) = Limited as defined in Section 35.5.8
3. Limitations would be amended to include new L(12) limitation. (Only those limitations
pertinent to hotel/motel facilities are identified below.)
35.5.8 Limitations
L(8) = Travelers' accommodations, are permitted, provided that:
1. The business-owner or manager shall be required to reside on the
accommodation, or adjacent property.
property occupied by the
2.
That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2
parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking
section of this Chapter.
That only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated of 4
sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it
does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation.
3.
4.
That the number of accommodation units allowed shall be proportional to the permitted density of
the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of
calculating the permitted munber of traveler's accommodations.
All traveler's accommodations shall be within 200 feet of a collector or arterial. Street designations
shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street
or alley access to the site from the arterial.
5.
6.
Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least
400 sq. ft. of gross interior floor space remaining per unit.
Traveler's accommodations are limited to no more than 8 guest units.
7.
L(9) = All restrictions of L(8), but limited to no more than 15 guest units.
L(lO) = All restrictions ofL(8), but limited to no more than 5 guest units.
L(12) = In determining the appropriateness of an extended stay hotel/motel facility, the
Planning and Zoning Commission and City Council shall consider whether or not the
proposed facility contains, but is not limited to, any combination or the extent of the
following:
1. Porte-cochere or other covered area immediately adjacent to the building entrance
2. Access to units limited to interior hallways (ground floor rooms may have a secondary access to a
pool or courtyard area)
Minimum size of the unit shall be 300 square feet
Adequate size of the lobby
Presence and size of meeting and conference rooms (1.000 square foot minimum)
3.
4.
5.
7
6.
7.
8.
9.
Must provide daily housekeeping service and on site laundry facilities
24-hour staffing of check-in/ out services. Must have identifiable manager when the office is closed
Lounge areas
A minimum of 50% of the guest units shall contain kitchen facilities. including a refrigerator. range
top. sink and cabinets
10. Must provide at least three amenities from the list below:
a. Restaurants offering three meals per day
b. Indoor! Outdoor swimming pool(s)
c. Exercise rooms or outdoor recreational services
d. Spa/Sauna
e. Sports Court
f. Plaza/ Atrium
g. Playground
h. Game Room
8
Attachment 2
Other Cities' Hotel/Motel and Extended Stay Hotel/Motel Facility Regulations
~
Carrollton
Code Information
The City of Carrollton requires a Special Use Permit for all extended stay or limited service hotels. The following language is
incorporated into the SUP portion of our Zoning Ordinance. The P&Z and Council has the right to apply greater stds if deemed
necessary.
EXTENDED STAY/SUITE HOTELS OR LIMITED SERVICE HOTELS:
(Ord. No. 2656,01/08/02)
In determining the appropriateness of Extended Stay/Suite Hotels or Limited Service Hotels, the Planning & Zoning Commission
and City Council shall consider whether or not the facility contains or provides, but not limited to, any combination or the extent
of the following:
1.
Porte-cochere or other covered area immediately adjacent to the building entrance
2.
Access to units limited to interior hallways (ground floor rooms may have a secondary access to a pool or courtyard area).
3.
Adequate size of the lobby
4.
Presence and size of meeting and conference rooms
5.
Daily housekeeping service
6.
24-hour staffing of check-in/out service
7.
Lounge areas
8.
Maximum length of stay
9. Amenities including, but not limited to
a. Restaurants offering three meals per day
b. Swimming pool(s)
c. Exercise rooms or outdoor recreational services
Definitions:
190. Hotel, Extended Stay or Suite: A hotel offering kitchen or kitchenette facilities in the majority of the guestrooms. For
the purpose of this term, kitchen or kitchenette facilities in guestrooms shall include a full size refrigerator or under counter
refrigerator and a cook top with two or more burners or a conventional oven. The presence of a sink, microwave oven, and/or an
under counter refrigerator shall not constitute a kitchenette or kitchen in a hotel guestroom.
(Ord. No. 2656, 01/08/02)
190. HOTEL, FULL SERVICE: A hotel offering guest rooms along with full food and beverage service for three meals per day
made available to the guests; meeting space of a minimum of 1,000 square feet; and a swimming pool, exercise room or outdoor
recreation services. (Ord. No. 2656,01/08/02)
191. Hotel, Limited Service: A hotel offering guest rooms with food and beverage service for fewer than three meals per day
and less than 1,000 square feet of meeting area. (Ord. No. 2656,01/08/02)
Enforcement Responsibility tIssues
Enforcement is through the City's Code
Enforcement Office and generally based
upon received complaints.
No complaints within the last year.
If a complaint is received, Code
Enforcement Officer sends a letter
(Notice of Violation) seeking compliance
then follows up with an inspection. If
compliance is not evident, a citation for
action is issued in municipal court where
the judge can impose a maximum
$2,000.00 fine for everyday the violation
exists.
Lewisville
The City of Lewisville requires that all hotels, motels or inns have rooms with a minimum of 400 square feet (including bath and
closet, etc), be accessible from a common interior corridor (although they may still have exterior doors to the parking lot or
balcony walkway), and have a staff person on site 24/7. The city has had only one hotel built since these regulations went into
effect (Baymont), but the City Council has the authority to grant a variance if they feel it is merited because the regulations are in
the development standards rather than in the zoning ordinance.
Building Inspections/Code Enforcement are
responsible for enforcement.
The city also limits to 20 percent, the
number of rooms that can be used by the
same person(s) for more than 60
Ci
Code Information
Enforcement Responsibility tIssues
consecutive days. In theory, any complex
that consistently exceeds this percentage is
considered an apartment and requires
different zoning, but the legal staff is
reluctant to pursue violations of this
provision because the facilities in violation
were already in place when the ordinance
was passed.
AGENDA INFORMATION SHEET
AGENDA DATE: June 7, 2005
DEPARTMENT: Fiscal Operations
Ä
ACM: Kathy DuBose
SUBJECT
Receive a report, hold a discussion and give staff direction regarding the selection of delinquent
tax attorneys.
BACKGROUND
On April 13, 2005, a request for proposals (RFP) for the collection of delinquent taxes for the
City of Denton was sent to prospective bidders (see attached RFP). The term of the contract
included in the RFP was for three years with options for two additional one-year extensions.
Proposals from four firms were received and evaluated. Attached is the evaluation detail.
EXHIBITS
Attachment 1: Request for Proposal (RFP)
Attachment 2: Process Timeline
Attachment 3: Proposal Evaluations
Attachment 4: Firm Evaluations
Respectfully submitted:
~~CU~
Diana G. Ortiz
Director of Fiscal Operations
Attachment 1
Purchasing Department
901-8 Texas St.
Denton, TX 76209
(940) 349-7100
RFP #3335
Request for Proposals For
Delinquent Tax Collection Attorneys
PROPOSALS DUE:
MAY 10,2005
2:00 P.M.
Bid submitted by:
Company Name
6/1/2005;2:01 PM
SPECIAL NOTICES
#1 - ADDENDUM #1 FORTHCOMING:
SAMPLE CONTRACT TO BE SENT UNDER SEPARATE COVER
#2 - QUESTIONS REGARDING THIS RFP MUST BE SUBMITTED IN
WRITING FIVE (5) WORKING DAYS PRIOR TO THE BID
OPENING. ALL QUESTIONS SUBMITTED AFTER THAT DATE
WILL NOT BE CONSIDERED TO ENSURE ALL BIDDERS ARE
GIVEN EQUAL ACCESS TO THE INFORMATION PROVIDED.
ALL QUESTIONS SHOULD BE DIRECTED TO:
DIANA ORTIZ, DIRECTOR OF FISCAL OPERATIONS
215 EAST MCKINNEY ST.
DENTON TX 76201
EMAIL: Diana.Ortiz~citvofdenton.com
Phone: (940) 349-8224 Fax: (940) 349-7206
CARBON COpy TO:
TOM SHAW, C.P .M.,
PURCHASING AGENT
901-B TEXAS ST.
DENTON, TX 76209
EMAIL: Tom.Shaw~citvofdenton.com
Phone: (940) 349-7100 Fax: (940) 349-7302
6/1/2005;2:01 PM
NOTICE TO VENDORS
Proposals will be received by the City of Denton, Texas at the office of the Purchasing Agent prior to 2:00
p.m., May 10,2005 for the following:
RFP # 3335-REQUEST FOR PROPOSALS FOR DELINQUENT TAX ATTORNEYS
A Pre-Bid Conference in reference to this RFP will be held on Wednesday, April 27, 2005 at 10 a.m.
at the City of Denton Municipal Building, Finance Conference Room, 215 E. McKinney Street,
Denton, TX, 76201. 940.349.7100.
Qualified prospective suppliers may obtain copies of the proposal with information at the office of the
Purchasing Agent, located at 901-B Texas Street, Denton, Texas 76209 in the Service Center complex.
The City of Denton, Texas reserves the right to reject or accept any proposal and award to the most
advantageous proposal received.
No officer or employee of the City of Denton shall have a financial interest, direct or indirect in any
contract with the City of Denton.
Minority and small business vendors are encouraged to submit proposals.
CITY OF DENTON, TEXAS
(940)349- 7100
TOM D. SHAW, C.P.M.
PURCHASING AGENT
This advertisement to run: April 13 and April 20. 2005
6/1/2005;2:01 PM
CITY OF DENTON
REQUEST FOR PROPOSALS FOR
DELINQUENT TAX COLLECTION ATTORNEYS
INTRODUCTION
The City of Denton's intent of this Request for Proposal and resulting contract is to obtain
services of a qualified professional law firm with extensive experience in the collection of
delinquent taxes.
SCOPE OF SERVICES
Tax collection attorneys will be responsible for the following duties and services:
6/1/2005;2:01 PM
1.
Preparing monthly status and performance reports to the City indicating the
progress of tax collections. The monthly progress reports prepared by the firm
shall contain, at a minimum, the following information:
a. Number and types of communication with delinquent taxpayers
b. Summary of all delinquent accounts collected
c. Number of suits filed
d. Detailed list of suits filed
e. Number of judgments rendered
f. Detailed list of judgments rendered
g. Number of warrants issued/served
h. Detailed list of bankruptcies and status of those properties
I. Number of properties submitted to Court's for auction
J. Detailed list of properties submitted to Court's for auction, with date submitted
and most recent status
k. Number of properties sold
I. Detailed list of properties sold or reverting to taxing entity because of non
sale
2.
Preparing and sending such notices to delinquent taxpayers as may be required
by law or as may be advisable for the purpose of expediting collections.
3.
Bringing lawsuits against delinquent taxpayers to foreclose tax liens and
otherwise facilitate collection of delinquent debt.
4.
Firm shall be responsible for filing of delinquent and current property tax claims in
bankruptcy and other judicial or administrative proceedings; which directly affect
collectability of outstanding City property taxes, and consult with the City of
Denton City Attorney's office on such matters.
5.
Advising the city on legal issues that arise in the process of delinquent tax
collection. This includes legal support, advice, written opinions, and research
upon request.
6.
Providing such additional services as the Denton City Councilor the City staff
may deem advisable to expedite the collection of delinquent taxes.
7.
Provide total and complete delinquent tax collection and coordinate these efforts
with the City of Denton Tax Department. Firm will indemnify and hold the City
harmless from any suits or liabilities that may result from the firm's delinquent tax
collection activities.
Request for Proposal #3335
Delinquent Tax Collection Attorney
8.
9.
10.
11.
12.
Provide all supplies, postage, court filing fees and all other costs necessary to
handle billing and necessary mailings and obtain appropriate title research and
relevant ownership records of all property upon which a suit is to be filed on
behalf of the City, at no cost to the City.
Intervene in delinquent tax suits filed by other taxing entities involving property on
which City taxes are outstanding.
Only collect those groups or individual accounts, which the City of Denton
determines in its discretion, are to be collected by firm.
Representing the City in collection enforcement of other (non-tax) City
assessment for which a lien is asserted against property subject to a delinquent
property tax suit.
All costs incurred by the firm under its contract with the City shall be the sole
responsibility of the firm to collect from the subject taxpayers or to absorb, unless
specifically provided otherwise in the contract.
EV ALUA TION OF PROPOSALS
The City will make its selection based on a review of all of the information provided.
Completeness of information sought will be an important factor in the review process.
Proposals will be compiled and presented to the City Council for selection. All proposals will
remain confidential until an award is made by the City.
By this request, the City has not committed itself to employ delinquent tax collection counsel nor
does the suggested scope of services require that delinquent tax collection counsel be
employed for any or all of those purposes. The City reserves the right to make those decisions
after it receives all proposals, and the City's decision on such matters is final.
EVALUATION CRITERIA
The award of the contract shall be made to the firm whose proposal is determined to be the best
evaluated offer. The evaluation criteria will be grouped in percentage factors as listed below:
35%
20%
25%
History of Achieving Performance Levels and Demonstrated
Capability to Perform
History of Expertise.
1. Firms qualifications/experience/credentials
2. Financial stability
3. Demonstrated prior experience in providing similar services
4. Adherence to the requirements of Request for Proposal
Delinquent Collection Enforcement Services
1. Collection procedures for accounts in bankruptcy
2. Legal services for the City's delinquent accounts (i.e., lawsuits,
Judgments, foreclose sales, etc)
Firms participation and responsibility clearly defined
Collection technology
3.
4.
Request for Proposal #3335
Delinquent Tax Collection Attorney
20%
Local Staffing, Availability and Experience
1. Denton office or functional equivalent
2. Denton County experience (Formal courtroom hearings with successful
final dispositions)
TERMS AND CONDITIONS
Contract Term: This request, is for a contract term for three (3) years, beginning on July 1,
2005, and ending on June 30, 2008. The contract term may be extended for two additional one-
year terms at the discretion of the City Council upon written notice to the awarded firm of its
desire to continue services at least thirty (30) days prior to the expiration of the initial three-year
term.
Contract Condition: Firm will have, or will establish, a Denton office by the date the delinquent
accounts are turned over to firm, and will provide a 1-800 number, other toll-free service, to its
main office if same is not local to Denton.
OR
The firm will be required to provide at least one full time staff member of the firm to the City of
Denton Tax Office. The firm shall pay rent for the space in an amount of one thousand ($1,000)
dollars monthly, adjusted annually based on CPI. The City shall provide a working area and
computer.
Right to Reject: The City reserves the right to waive any irregularities in any proposal, to
request additional information, and to accept or reject an item of any proposal.
Termination: The City may terminate the contract for any reason, with or without cause, upon
thirty (30) days' written notice to the firm. The City will allow firm an additional six (6) months to
reduce to judgment all suits filed prior to the expiration of the contract. The firm must provide for
the orderly delivery of copies of all complete tax files to be turned over to the City Attorney when
the contract is terminated.
Performance Levels: The firm must have an established history of expertise in the delinquent
tax collection field and is agreeable to the performance goal, which is equal to, but not less than
a. Current Year Delinquent Collections: 60% of the total dollar value of the adjusted base tax
for each "current year" delinquency which will be turned over to the firm for collection on
July 1 of each year covered by the contract. The sixty percent (60%) collection percentage
will be determined as of June 30, of each year following the July 1 turnover and will be
adjusted for any accounts that have been deleted from the roll by either the Denton County
Appraisal District or a Court of competent jurisdiction. The firm must show an established
history of maintaining a collection rate of at least 60% of the current year turnover for its
existing clients by submitting Exhibits A-1 through A-5.
b. Prior Year Delinquent Collections: 30% of the aggregate delinquent tax roll. The firm must
show an established history of maintaining a reduction rate of at least 30% of the gross
delinquent tax roll as of June 30. The firm must illustrate the reduction in percentages and
numeric for its existing clients by submitting Exhibit B-1 through B-5.
Fee: The City will pay the law firm a fee not to exceed Sec. 33.07 of the Property Tax Code on
all delinquent taxes; penalty and interest actually collected and paid the City during the term of
this contract. The City shall pay said funds to the firm monthly by check.
Request for Proposal #3335
Delinquent Tax Collection Attorney
SUBMISSION OF PROPOSALS
Please submit five (5) copies of your proposal in sealed envelopes to the following:
City of Denton
Purchasing Department
901-8 Texas Street
Denton Texas, 76209
Attention: Tom Shaw, Purchasing Agent
Proposals must be sealed and clearly marked: "PROPOSALS FOR DELINQUENT TAX
COLLECTION ATTORNEYS - RFP #3335". Proposals received in the Purchasing Department
after submission deadline shall be returned unopened and will be considered void and
unacceptable. Incomplete proposals will be considered void and unacceptable.
All interested firms may obtain a data file of the City's Delinquent Tax Roll by submitting a
request to the Tax Office for a fee of $200.00. Contact: Lee Ann Bunselmeyer 601 E. Hickory
St., Ste. G, Denton, TX 76210, Phone: (940) 349-7743.
There is no expressed or implied obligation on the part of the city to reimburse responding firms
for any expenses incurred in preparing proposals in response to the request.
The following items must be included as part of your proposal:
I.
Executive Summary
. Describe your organization's background and experience in delinquent tax
collections. Please include years in the business.
. List local office(s) and resources.
. Convey your organizations plan for conferring on a regular basis with the City of
Denton City Council and the Treasury & Tax Manager.
. Overview of proposed services to be offered based on the information attached.
II. Delinquent Tax Collection Services
. Proposed work plan
. Taxpayer communications program
. Address research and taxpayer location program
. Bankruptcy collection program
. Taxpayer assistance
. Include descriptions of the following processes:
. Tax Suits - process and pre-suit process
. Tax Sales - process
. Tax Seizures - process and samples if available
III. Describe your organization's personnel expertise in ad valorem tax matters:
. Identify the office location where the City's accounts will be primarily serviced. (your
principal City Office)
. Specify the number of full-time employees for firm at your principal City office
location.
. Specify the number and principal office location of all full-time attorneys employed
by your firm that will be primarily servicing the City of Denton.
. Specify how many taxing units you currently represent with the legal staff who will
directly perform the services for the City.
Request for Proposal #3335
Delinquent Tax Collection Attorney
.
Identify the personnel who would handle collections for the City and state their
principal office location.
Provide biographies of key management and attorneys who you anticipate will
directly represent the City in collections enforcement services.
Provide information concerning minority involvement regarding the work to be
performed by your firm pursuant to this request. Indicate the ethnic makeup and the
gender of your staff. Also indicate your compliance with EEOC regulations and
guidelines.
.
.
IV. Collection Technology
. Describe the computer hardware and software used to collect delinquent taxes
. Describe how it will interact with the City's computer system
. Identify the law firm's technical personnel and technical support available to the City
. Provide a sample of the status and performance reports and correspondence that
will be provided to the City
V. References - Provide a complete list of past and current Texas clients. In addition, provide
at least five references where delinquent tax collection services are provided to entities
similar to the City of Denton. At least one should be comparable in size and regionally
located to the City of Denton (i.e., population, square miles, number of parcels). These
references should be listed on the VENDOR REFERENCE form and include the name of the
contact person, address, phone number, and period of time for which your firm has
represented the entity. Additionally, for each entity selected, include a five-year (1999 -
2003) summary of delinquent tax collections per Exhibits A 1-A5 and 81-85.
VI. Any other information you consider germane to collection of delinquent taxes or this
request.
Request for Proposal #3335
Delinquent Tax Collection Attorney
VENDOR REFERENCE
Please list five (5) references of current clients who can verify the quality of service your firm
provides. THIS FORM MUST BE RETURNED WITH YOUR PROPOSAL.
REFERENCE ONE
Name of Taxing Unit:
Address:
Contact Person and Title:
Telephone:
Contract Period:
REFERENCE TWO
Name of Taxing Unit:
Address:
Contact Person and Title:
Telephone:
Contract Period:
REFERENCE THREE
Name of Taxing Unit:
Address:
Contact Person and Title:
Telephone:
Contract Period:
REFERENCE FOUR
Name of Taxing Unit:
Address:
Contact Person and Title:
Telephone:
Contract Period:
REFERENCE FIVE
Name of Taxing Unit:
Address:
Contact Person and Title:
Telephone:
Contract Period:
EXHIBIT A-1
Request for Proposal #3335
Delinquent Tax Collection Attorney
NAME OF TAXING UNIT
If the taxing unit or Appraisal District collects for more than one taxing unit and the figures
shown below are an aggregate of multiple taxing units, give the name of each taxing unit. (Use
additional pages if necessary.)
Name of Tax Assessor Collector:
Telephone Number:
Fax Number:
2003 Tax Year (FN 2004)
Original 2003 tax levy 10-1-03 $
Amount of 2003 tax due 6-30-04 $
Amount of 2003 tax due 3-31-05 (Partial Yr) $
Total Collections in FN 2004 (2003 $
tax collections in FY2004, 7/1/04 - 3/31/05)
2002 Tax Year (FN 2003)
Original 2002 tax levy 10-1-02 $
Amount of 2002 tax due 6-30-03 $
Amount of 2002 tax due 6-30-04 $
Total Collections in FN 2003 (2002 $
tax collections in FY2003, 7/1/03 - 6/30/04)
2001 Tax Year (FN 2002)
Original 2001 tax levy 10-1-01 $
Amount of 2001 tax due 6-30-02 $
Amount of 2001 tax due 6-30-03 $
Total Collections in FN 2002 (2001 $
tax collections in FY2002, 7/1/02 - 6/30/03)
2000 Tax Year (FN 2001)
Original 2000 tax levy 10-1-00 $
Amount of 2000 tax due 6-30-01 $
Amount of 2000 tax due 6-30-02 $
Total Collections in FN 2001 $
(2000 tax collections in FY2001, 7/1/01 - 6/30/02)
1999 Tax Year (FN 2000)
Original 1999 tax levy 10-1-99 $
Amount of 1999 tax due 6-30-00 $
Amount of 1999 tax due 6-30-01 $
Total Collections in FN 2000 $
(1999 tax collections in FY2000, 7/1/01 - 6/30/01)
I, , am the Tax Assessor-Collector of the above named
taxing unit; do certify that I have reviewed the tax collection data given above and that it is
correct.
Signature
Date
EXHIBIT A-2
NAME OF TAXING UNIT
Request for Proposal #3335
Delinquent Tax Collection Attorney
If the taxing unit or Appraisal District collects for more than one taxing unit and the figures
shown below are an aggregate of multiple taxing units, give the name of each taxing unit. (Use
additional pages if necessary.)
Name of Tax Assessor Collector:
Telephone Number:
Fax Number:
2003 Tax Year (FN 2004)
Original 2003 tax levy 10-1-03 $
Amount of 2003 tax due 6-30-04 $
Amount of 2003 tax due 3-31-05 (Partial Yr) $
Total Collections in FN 2004 (2003 $
tax collections in FY2004, 7/1/04 - 3/31/05)
2002 Tax Year (FN 2003)
Original 2002 tax levy 10-1-02 $
Amount of 2002 tax due 6-30-03 $
Amount of 2002 tax due 6-30-04 $
Total Collections in FN 2003 (2002 $
tax collections in FY2003, 7/1/03 - 6/30/04)
2001 Tax Year (FN 2002)
Original 2001 tax levy 10-1-01 $
Amount of 2001 tax due 6-30-02 $
Amount of 2001 tax due 6-30-03 $
Total Collections in FN 2002 (2001 $
tax collections in FY2002, 7/1/02 - 6/30/03)
2000 Tax Year (FN 2001)
Original 2000 tax levy 10-1-00 $
Amount of 2000 tax due 6-30-01 $
Amount of 2000 tax due 6-30-02 $
Total Collections in FN 2001 $
(2000 tax collections in FY2001, 7/1/01 - 6/30/02)
1999 Tax Year (FN 2000)
Original 1999 tax levy 10-1-99 $
Amount of 1999 tax due 6-30-00 $
Amount of 1999 tax due 6-30-01 $
Total Collections in FN 2000 $
(1999 tax collections in FY2000, 7/1/01 - 6/30/01)
I, , am the Tax Assessor-Collector of the above named
taxing unit; do certify that I have reviewed the tax collection data given above and that it is
correct.
Signature
Date
Request for Proposal #3335
Delinquent Tax Collection Attorney
EXHIBIT A-3
NAME OF TAXING UNIT
If the taxing unit or Appraisal District collects for more than one taxing unit and the figures
shown below are an aggregate of multiple taxing units, give the name of each taxing unit. (Use
additional pages if necessary.)
Name of Tax Assessor Collector:
Telephone Number:
Fax Number:
2003 Tax Year (FN 2004)
Original 2003 tax levy 10-1-03 $
Amount of 2003 tax due 6-30-04 $
Amount of 2003 tax due 3-31-05 (Partial Yr) $
Total Collections in FN 2004 (2003 $
tax collections in FY2004, 7/1/04 - 3/31/05)
2002 Tax Year (FN 2003)
Original 2002 tax levy 10-1-02 $
Amount of 2002 tax due 6-30-03 $
Amount of 2002 tax due 6-30-04 $
Total Collections in FN 2003 (2002 $
tax collections in FY2003, 7/1/03 - 6/30/04)
2001 Tax Year (FN 2002)
Original 2001 tax levy 10-1-01 $
Amount of 2001 tax due 6-30-02 $
Amount of 2001 tax due 6-30-03 $
Total Collections in FN 2002 (2001 $
tax collections in FY2002, 7/1/02 - 6/30/03)
2000 Tax Year (FN 2001)
Original 2000 tax levy 10-1-00 $
Amount of 2000 tax due 6-30-01 $
Amount of 2000 tax due 6-30-02 $
Total Collections in FN 2001 $
(2000 tax collections in FY2001, 7/1/01 - 6/30/02)
1999 Tax Year (FN 2000)
Original 1999 tax levy 10-1-99 $
Amount of 1999 tax due 6-30-00 $
Amount of 1999 tax due 6-30-01 $
Total Collections in FN 2000 $
(1999 tax collections in FY2000, 7/1/01 - 6/30/01)
I, , am the Tax Assessor-Collector of the above named
taxing unit; do certify that I have reviewed the tax collection data given above and that it is
correct.
Signature
Date
Request for Proposal #3335
Delinquent Tax Collection Attorney
EXHIBIT A-4
NAME OF TAXING UNIT
If the taxing unit or Appraisal District collects for more than one taxing unit and the figures
shown below are an aggregate of multiple taxing units, give the name of each taxing unit. (Use
additional pages if necessary.)
Name of Tax Assessor Collector:
Telephone Number:
Fax Number:
2003 Tax Year (FN 2004)
Original 2003 tax levy 10-1-03 $
Amount of 2003 tax due 6-30-04 $
Amount of 2003 tax due 3-31-05 (Partial Yr) $
Total Collections in FN 2004 (2003 $
tax collections in FY2004, 7/1/04 - 3/31/05)
2002 Tax Year (FN 2003)
Original 2002 tax levy 10-1-02 $
Amount of 2002 tax due 6-30-03 $
Amount of 2002 tax due 6-30-04 $
Total Collections in FN 2003 (2002 $
tax collections in FY2003, 7/1/03 - 6/30/04)
2001 Tax Year (FN 2002)
Original 2001 tax levy 10-1-01 $
Amount of 2001 tax due 6-30-02 $
Amount of 2001 tax due 6-30-03 $
Total Collections in FN 2002 (2001 $
tax collections in FY2002, 7/1/02 - 6/30/03)
2000 Tax Year (FN 2001)
Original 2000 tax levy 10-1-00 $
Amount of 2000 tax due 6-30-01 $
Amount of 2000 tax due 6-30-02 $
Total Collections in FN 2001 $
(2000 tax collections in FY2001, 7/1/01 - 6/30/02)
1999 Tax Year (FN 2000)
Original 1999 tax levy 10-1-99 $
Amount of 1999 tax due 6-30-00 $
Amount of 1999 tax due 6-30-01 $
Total Collections in FN 2000 $
(1999 tax collections in FY2000, 7/1/01 - 6/30/01)
I, , am the Tax Assessor-Collector of the above named
taxing unit; do certify that I have reviewed the tax collection data given above and that it is
correct.
Signature
Date
Request for Proposal #3335
Delinquent Tax Collection Attorney
EXHIBIT A-5
NAME OF TAXING UNIT
If the taxing unit or Appraisal District collects for more than one taxing unit and the figures
shown below are an aggregate of multiple taxing units, give the name of each taxing unit. (Use
additional pages if necessary.)
Name of Tax Assessor Collector:
Telephone Number:
Fax Number:
2003 Tax Year (FN 2004)
Original 2003 tax levy 10-1-03 $
Amount of 2003 tax due 6-30-04 $
Amount of 2003 tax due 3-31-05 (Partial Yr) $
Total Collections in FN 2004 (2003 $
tax collections in FY2004, 7/1/04 - 3/31/05)
2002 Tax Year (FN 2003)
Original 2002 tax levy 10-1-02 $
Amount of 2002 tax due 6-30-03 $
Amount of 2002 tax due 6-30-04 $
Total Collections in FN 2003 (2002 $
tax collections in FY2003, 7/1/03 - 6/30/04)
2001 Tax Year (FN 2002)
Original 2001 tax levy 10-1-01 $
Amount of 2001 tax due 6-30-02 $
Amount of 2001 tax due 6-30-03 $
Total Collections in FN 2002 (2001 $
tax collections in FY2002, 7/1/02 - 6/30/03)
2000 Tax Year (FN 2001)
Original 2000 tax levy 10-1-00 $
Amount of 2000 tax due 6-30-01 $
Amount of 2000 tax due 6-30-02 $
Total Collections in FN 2001 $
(2000 tax collections in FY2001, 7/1/01 - 6/30/02)
1999 Tax Year (FN 2000)
Original 1999 tax levy 10-1-99 $
Amount of 1999 tax due 6-30-00 $
Amount of 1999 tax due 6-30-01 $
Total Collections in FN 2000 $
(1999 tax collections in FY2000, 7/1/01 - 6/30/01)
I, , am the Tax Assessor-Collector of the above named
taxing unit; do certify that I have reviewed the tax collection data given above and that it is
correct.
Signature
Date
Request for Proposal #3335
Delinquent Tax Collection Attorney
EXHIBIT B-1
NAME OF TAXING UNIT
If the taxing unit of Appraisal District collects for more than one taxing unit and the figures
shown below are an aggregate of multiple taxing units, give the name of each taxing unit.
(Use additional pages ifnecessary.)
Name of Tax Assessor Collector:
Telephone Number:
Fax Number:
I 2003 Tax Year (FN 2004)
Amount of cumulative prior years taxes due as of $
June 30, 2004 (2003 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
March 31,2005 (2003 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (2003 & prior)
June 30, 2004 thru March 31,2005 %
2002 Tax Year (FN 2003)
Amount of cumulative prior years taxes due as of $
June 30, 2003 (2002 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
June 30, 2004 (2002 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (2002 & prior)
June 30, 2003 thru June 30, 2004 %
2001 Tax Year (FN 2002)
Amount of cumulative prior years taxes due as of $
June 30, 2002 (2001 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
June 30, 2003 (2001 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (2001 & prior)
June 30, 2002 thru June 30, 2003 %
2000 Tax Year (FN 2001)
Amount of cumulative prior years taxes due as of $
June 30, 2001 (2000 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
June 30, 2002 (2000 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (2000 & prior)
June 30, 2001 thru June 30, 2002 %
1999 Tax Year (FN 2000)
Amount of cumulative prior years taxes due as of $
June 30, 2000 (1999 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
June 30, 2001 (1999 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (1999 & prior)
June 30, 2000 thru June 30, 2001 %
I, , am the Tax Assessor-Collector of
the above named taxing unit; do certify that I have reviewed the tax collection data given
above and that it is correct.
Signature
Date
Request for Proposal #3335
Delinquent Tax Collection Attorney
EXHIBIT B-2
NAME OF TAXING UNIT
If the taxing unit of Appraisal District collects for more than one taxing unit and the figures
shown below are an aggregate of multiple taxing units, give the name of each taxing unit.
(Use additional pages ifnecessary.)
Name of Tax Assessor Collector:
Telephone Number:
Fax Number:
I 2003 Tax Year (FN 2004)
Amount of cumulative prior years taxes due as of $
June 30, 2004 (2003 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
March 31,2005 (2003 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (2003 & prior)
June 30, 2004 thru March 31,2005 %
2002 Tax Year (FN 2003)
Amount of cumulative prior years taxes due as of $
June 30, 2003 (2002 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
June 30, 2004 (2002 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (2002 & prior)
June 30, 2003 thru June 30, 2004 %
2001 Tax Year (FN 2002)
Amount of cumulative prior years taxes due as of $
June 30, 2002 (2001 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
June 30, 2003 (2001 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (2001 & prior)
June 30, 2002 thru June 30, 2003 %
2000 Tax Year (FN 2001)
Amount of cumulative prior years taxes due as of $
June 30, 2001 (2000 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
June 30, 2002 (2000 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (2000 & prior)
June 30, 2001 thru June 30, 2002 %
1999 Tax Year (FN 2000)
Amount of cumulative prior years taxes due as of $
June 30, 2000 (1999 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
June 30, 2001 (1999 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (1999 & prior)
June 30, 2000 thru June 30, 2001 %
I, , am the Tax Assessor-Collector of
the above named taxing unit; do certify that I have reviewed the tax collection data given
above and that it is correct.
Signature
Date
Request for Proposal #3335
Delinquent Tax Collection Attorney
EXHIBIT B-3
NAME OF TAXING UNIT
If the taxing unit of Appraisal District collects for more than one taxing unit and the figures
shown below are an aggregate of multiple taxing units, give the name of each taxing unit.
(Use additional pages ifnecessary.)
Name of Tax Assessor Collector:
Telephone Number:
Fax Number:
2003 Tax Year (FN 2004)
Amount of cumulative prior years taxes due as of $
June 30, 2004 (2003 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
March 31,2005 (2003 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (2003 & prior)
June 30, 2004 thru March 31,2005 %
2002 Tax Year (FN 2003)
Amount of cumulative prior years taxes due as of $
June 30, 2003 (2002 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
June 30, 2004 (2002 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (2002 & prior)
June 30, 2003 thru June 30, 2004 %
2001 Tax Year (FN 2002)
Amount of cumulative prior years taxes due as of $
June 30, 2002 (2001 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
June 30, 2003 (2001 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (2001 & prior)
June 30, 2002 thru June 30, 2003 %
2000 Tax Year (FN 2001)
Amount of cumulative prior years taxes due as of $
June 30, 2001 (2000 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
June 30, 2002 (2000 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (2000 & prior)
June 30, 2001 thru June 30, 2002 %
1999 Tax Year (FN 2000)
Amount of cumulative prior years taxes due as of $
June 30, 2000 (1999 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
June 30, 2001 (1999 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (1999 & prior)
June 30, 2000 thru June 30, 2001 %
I, , am the Tax Assessor-Collector of
the above named taxing unit; do certify that I have reviewed the tax collection data given
above and that it is correct.
Signature
Date
Request for Proposal #3335
Delinquent Tax Collection Attorney
EXHIBIT B-4
NAME OF TAXING UNIT
If the taxing unit of Appraisal District collects for more than one taxing unit and the figures
shown below are an aggregate of multiple taxing units, give the name of each taxing unit.
(Use additional pages ifnecessary.)
Name of Tax Assessor Collector:
Telephone Number:
Fax Number:
2003 Tax Year (FN 2004)
Amount of cumulative prior years taxes due as of $
June 30, 2004 (2003 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
March 31,2005 (2003 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (2003 & prior)
June 30, 2004 thru March 31,2005 %
2002 Tax Year (FN 2003)
Amount of cumulative prior years taxes due as of $
June 30, 2003 (2002 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
June 30, 2004 (2002 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (2002 & prior)
June 30, 2003 thru June 30, 2004 %
2001 Tax Year (FN 2002)
Amount of cumulative prior years taxes due as of $
June 30, 2002 (2001 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
June 30, 2003 (2001 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (2001 & prior)
June 30, 2002 thru June 30, 2003 %
2000 Tax Year (FN 2001)
Amount of cumulative prior years taxes due as of $
June 30, 2001 (2000 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
June 30, 2002 (2000 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (2000 & prior)
June 30, 2001 thru June 30, 2002 %
1999 Tax Year (FN 2000)
Amount of cumulative prior years taxes due as of $
June 30, 2000 (1999 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
June 30, 2001 (1999 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (1999 & prior)
June 30, 2000 thru June 30, 2001 %
I, , am the Tax Assessor-Collector of
the above named taxing unit; do certify that I have reviewed the tax collection data given
above and that it is correct.
Signature
Date
Request for Proposal #3335
Delinquent Tax Collection Attorney
EXHIBIT B-5
NAME OF TAXING UNIT
If the taxing unit of Appraisal District collects for more than one taxing unit and the figures
shown below are an aggregate of multiple taxing units, give the name of each taxing unit.
(Use additional pages ifnecessary.)
Name of Tax Assessor Collector:
Telephone Number:
Fax Number:
I 2003 Tax Year (FN 2004)
Amount of cumulative prior years taxes due as of $
June 30, 2004 (2003 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
March 31,2005 (2003 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (2003 & prior)
June 30, 2004 thru March 31,2005 %
2002 Tax Year (FN 2003)
Amount of cumulative prior years taxes due as of $
June 30, 2003 (2002 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
June 30, 2004 (2002 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (2002 & prior)
June 30, 2003 thru June 30, 2004 %
2001 Tax Year (FN 2002)
Amount of cumulative prior years taxes due as of $
June 30, 2002 (2001 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
June 30, 2003 (2001 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (2001 & prior)
June 30, 2002 thru June 30, 2003 %
2000 Tax Year (FN 2001)
Amount of cumulative prior years taxes due as of $
June 30, 2001 (2000 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
June 30, 2002 (2000 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (2000 & prior)
June 30, 2001 thru June 30, 2002 %
1999 Tax Year (FN 2000)
Amount of cumulative prior years taxes due as of $
June 30, 2000 (1999 & Prior Year Taxes Due)
Amount of cumulative prior years taxes due as of $
June 30, 2001 (1999 & Prior Year Taxes Due)
Reduction rate of cumulative tax roll (1999 & prior)
June 30, 2000 thru June 30, 2001 %
I, , am the Tax Assessor-Collector of
the above named taxing unit; do certify that I have reviewed the tax collection data given
above and that it is correct.
Signature
Date
Attachment 2
Delinquent Tax Attorney RFP
Timeline
Apr 13
RFP mailed and Advertising Begun
April 27
Pre-Bid Meeting with Firms
May 10
Proposals Due in Purchasing
May 13
Firm Presentations to Selection Committee
May 19
Agenda Captions Due to City Secretary
June 7
Council Review of Selection Process
June 21
Council Approve Contract
July 1
New Attorney Contract becomes Effective
Prepared By:
Lee Ann Bunselmeyer
3-BU-Process Timeline.xls;Tax Attorney
6/1/2005;3:47 PM
Attachment 3
DELINQUENT TAX COLLECTION ATTORNEY
REQUEST FOR PROPOSAL #3335
PROPOSAL EVALUATION
The award of the contract shall be made to the firm whose proposal is determined to be the best evaluated offer. The evaluation criteria will be grouped in percentage factors as
listed below.
LINEBARGER MCCREARY SAWKO & BURROUGHS PERDUE
Steve Meeks Gil Bragg Mark Burroughs C. David Fielder
Evaluation Criteria (817) 877-4589 (512) 451-9000 (940) 382-4357 (817) 461-3344
History of Achieving Performance Levels and
Demonstrated Capability to Perform 35% 32.8% 35.0% 33.4% 30.2%
,- - - - - -- - - -- - - -- - - -- - - - - - - -- - - -
History of Expertise 20% 15.8% 19.6% 16.1% 14.3%
,- - - - - -- - - -- - - -- - - -- - - - - - - -- - - - -- - - -- - - -- - - -- - - - - - --- ----- - --- ---- ---- ------- ----- ---------- --------- ----- ----------------
1 Firms qualifications/experience/credentials 10 8.0 10.0 9.0 8.6
,- - - - - -- - - -- - - -- - - -- - - - - - - -- - - - -- - - -- - - -- - - -- - - - - - --- ----- - --- ---- ---- ------- ----- ---------- --------- ----- ----------------
2 Financial stability 2 1.4 2.0 1.6 1.8
,- - - - - -- - - -- - - -- - - -- - - - - - - -- - - - -- - - -- - - -- - - -- - - - - - --- ----- - --- ---- ---- ------- ----- ---------- --------- ----- ----------------
3 Demonstrated prior experience in providing similar services 3 2.6 3.0 2.6 1.6
,- - - - - -- - - -- - - -- - - -- - - - - - - -- - - - -- - - -- - - -- - - -- - - - - - --- ----- - --- ---- ---- ------- ----- ---------- --------- ----- ----------------
4 Adherence to the requirements of Request for Proposal 5 3.8 4.6 2.9 2.3
,- - - - - -- - - -- - - -- - - -- - - - - - - -- - - - -- - - -- - - -- - - -- - - - - - --- ----- - --- ---- ---- ------- ----- ---------- --------- ----- ----------------
Delinquent Collection Enforcement Services 25% 21.6% 22.4% 21.6% 17.6%
,- - - - - -- - - -- - - -- - - -- - - - - - - -- - - - -- - - -- - - -- - - -- - - - - - --- ----- - --- ---- ---- ------- ----- ---------- --------- ----- ----------------
1 Collection procedures for accounts in bankruptcy 8 7.2 7.6 7.4 6.2
,- - - - - -- - - -- - - -- - - -- - - - - - - -- - - - -- - - -- - - -- - - -- - - - - - --- ----- - --- ---- ---- ------- ----- ---------- --------- ----- ----------------
2 Legal Services for the City's delinquent accounts 10 7.8 8.2 9.2 6.4
,- - - - - -- - - -- - - -- - - -- - - - - - - -- - - - -- - - -- - - -- - - -- - - - - - --- ----- - --- ---- ---- ------- ----- ---------- --------- ----- ----------------
(I.e., lawsuits, Judgements, foreclose sales, etc). ,- - - - - -- - - -- - - -- - - -- - - - - - - -- - - - -- - - -- - - -- - - -- - - - - - --- ----- - --- ---- ---- ------- ----- ---------- --------- ----- ----------------
3 Firms participation & responsibility clearly defined 4 3.6 3.6 2.6 2.4
,- - - - - -- - - -- - - -- - - -- - - - - - - -- - - - -- - - -- - - -- - - -- - - - - - --- ----- - --- ---- ---- ------- ----- ---------- --------- ----- ----------------
4 Collection technology 3 3.0 3.0 2.4 2.6
,- - - - - -- - - -- - - -- - - -- - - - - - - -- - - - -- - - -- - - -- - - -- - - - - - --- ----- - --- ---- ---- ------- ----- ---------- --------- ----- ----------------
Local Staffing, Availability and Experience 20% 15.0% 19.4% 20.0% 7.4%
,- - - - - -- - - -- - - -- - - -- - - - - - - -- - - - -- - - -- - - -- - - -- - - - - - --- ----- - --- ---- ---- ------- ----- ---------- --------- ----- ----------------
1 Denton office or functional equivalent 10 6.4 9.8 10.0 4.0
,- - - - - -- - - -- - - -- - - -- - - - - - - -- - - - -- - - -- - - -- - - -- - - - - - --- ----- - --- ---- ---- ------- ----- ---------- --------- ----- ----------------
2 Denton County experience 10 8.6 9.6 10.0 3.4
,- - - - - -- - - -- - - -- - - -- - - - - - - -- - - - -- - - -- - - -- - - -- - - - - - --- ----- - --- ---- ---- ------- ----- ---------- --------- ----- ----------------
(Formal courtroom hearings with successful final dispositions)
100% 85.2% 96.4% 91.1% 69.5%
2005 Attorney RFP Analysis
6/1/2005;3:47 PM
CITY OF DENTON
Delinquent Attorney RFP
Firm Evaluation
Attachment 4
Firm 1
McCreary
Firm 3
Linebarger
Firm 2
Sawko & Burroughs
Local Office
Key Staff Includes:
Office Manager
Receptionist
Office Secretary
2 Legal Assistants
Property Investigator
3 Attorneys staffed in Austin are available as needed
(on average in Denton at least once a week).
However, could be in Denton more or less depending
on court schedule.
In total Firm employs 135
Local Office
Key Staff Includes:
3 Tax Assistants
2 Local Attorneys
In total Firm employs 12
Have functionally equivalent office. If needed, use local
counsel office.
Key Staff Includes:
Denton County Coordinator
Operations Manager
Denton County Assistant
Judgment Secretary
Legal Secretary
Litigation Research Assistant
IT/Researcher
BPP Collector
Mobile Home Collector
1 Local Counsel. 2 Attorneys from Ft. Worth, 1 from
Dallas, 2 from Austin available as needed.
In total the Firm employs over 1,100.
Large (nationwide) Firm - Legal staff available as
needed. More Staffing resources across the State.
Large (statewide) Firm - Legal staff available as
needed. More Staffing resources across the State.
Small (local) Firm- Local Attorneys. Insight on political
environment. Limited Resources.
Collection History Average of 5 references
Current Delinquent Roll - 71.88%
Cumulative Delinquent Roll - 48.53%
Comparable Entity 5 year Collection Average
Denton County
Current Delinquent Roll-72.67%
Cumulative Delinquent Roll - 48.99%
More favorable to combine with Lower County
Collection Efforts
References-Excellent
Collection History Average of 5 references
Current Delinquent Roll - 62.15%
Cumulative Delinquent Roll - 52.76%
Comparable Entity 5 year Collection Average
Denton LSD.
Current Delinquent Roll - 60.36%
Cumulative Delinquent Roll - 44.77%
Less favorable to combine with Higher DISD Collection
Efforts
References-Excellent
Collection History Average of 5 references
Current Delinquent Roll - 63.71 %
Cumulative Delinquent Roll - 55.05%
Comparable Entity 5 year Collection Average
City of Denton
Current Delinquent Roll - 69.8%
Cumulative Delinquent Roll - 44.30%
Favorable Independent Collection Efforts
References-Good
ADDITIONAL RFP POINTS THAT WERE TAKEN UNDER CONSIDERATION:
Firm begins BPP & Mobile Home collections on July 1st Firm begins BPP & Mobile Home collections on
with turnover of Current Delinquent Roll. County Tax February 1 st (per individual contracts) receiving no
Office handles collection efforts from February 1 st to compensation. In addition, the County Tax Office
June 30th. Efforts include mailing of February & May simultaneously handles collection efforts from February
Delinquent Statements. 1 st to June 30th. Efforts include mailing of February &
May Delinquent Statements.
Firm begins BPP & Mobile Home collections on July 1st
with turnover of Current Delinquent Roll. City Tax Office
handles collection efforts from February 1 st to June
30th. Efforts include mailing of February & May
Delinquent Statements.
The 2003 total outstanding taxes (including real
property) as of Feb 1st was $6,133,334. Total
outstanding as of June 30th was 1,920,606. Collected
68.7%. City collection 86.4% internally.
The 2003 total outstanding (including real property) as
of Feb 1 st was $7,297,592. Total outstanding as of
June 30th was 2,561,268. Collected 64.8%. City
collection 86.4% internally.
The 2003 total outstanding (including real property) as of
Feb 1 st was $4,024,034. Total outstanding as of June
30th was $547,022. Collected 86.4%
Firm raised collection benchmark to 75% (current
delinquent roll) & 50% (cumulative delinquent roll). If
firm does not achieve raised benchmark; firm will pay
the City $10,000 penalty for each year not achieved.
Additional 15% and 20% in proposed collections could
generate an annual amount of $206,432 over
benchmark (Avg annual delinquent roll $1,032,160) &
$61,930 over current collections.
Agreed to 60% (current delinquent roll) & 30%
(cumulative delinquent roll) collection benchmark. Firm
agreed to pay the City $10,000 penalty for each year
not achieved.
Agreed to 60% (current delinquent roll) & 30%
(cumulative delinquent roll) collection benchmark. Firm
agreed to pay the City $10,000 penalty for each year not
achieved.
Firm will employ additional staff at City Tax Office. Will
provide on-site collection assistance to Taxpayers. Will
be firm's liaison.
Firm will pay the City $1 ,000 monthly rent for office
space. Total of $12,000 annually and $36,000 over 3
year contract.
AGENDA INFORMATION SHEET
AGENDA DATE:
June 7, 2005
DEPARTMENT:
Fire Department
Jon Fortune, Assistant City Manager ft
CM/DCM/ A CM:
SUBJECT:
Receive a report, hold a discussion, and give staff direction regarding the selection of an
architect for the design and construction of Fire Station 7 as well as a master plan for a Public
Safety Training Facility.
BACKGROUND:
The City received eleven (11) proposals from architects to master plan the Public Safety
Training Facility and design Fire Station #7. With guidance from the City Attorney and
Purchasing, Staff developed a selection process (see Exhibit 1) to establish the most qualified
architectural firm to design Fire Station #7 and master plan the Public Safety Facility.
The Selection Committee consists of two representatives each from the Fire and Police
Departments, one representative from the North Central Texas College (NCTC), the City's
Purchasing Agent, and the City's Facilities Management Director:
.
Ross Chadwick, Project LeaderlFire Chief
Mark Klingele, Fire Deputy Chief
Paul Abbott, Police Captain
Tom Woods, Police Lieutenant
Tom Shaw, Purchasing Agent
Bruce Henington, Facilities Management Director
Ozro Henderson, North Central Texas College
.
.
.
.
.
.
Step #1:
The seven-member Selection Committee reviewed the submitted proposals and narrowed the
list down to the following six (6) firms for interviews and presentations on May 18 and 19,
2005:
1.
2.
3.
4.
5.
6.
Brown Reynolds Watford, BRW Architects, Inc. Dallas
Kirkpatrick Architecture Studio, Denton
Komatsu Architecture, Fort Worth
PGAL Architects, Irving
Randall Scott Architects, Dallas
Wiginton Hooker Jeffry Architects, Dallas
Step #2:
On May 18 and 19, 2005, the Selection Committee interviewed the six finalists and received
a one and one-half hour presentation from each firm (along with their identified consultant
1
team members) based on a list of issues/questions that each firm received prior to their
presentations. (see Exhibit 2)
In addition to the Selection Committee, several staff members from both Fire and Police
attended the presentations as observers. Each architectural firm was rated using the five
criteria identified in the Request for Proposal as "Basis of Proposal ComparisonÆvaluation":
1.
Proposer's previous successful history master planning joint use comprehensive public
safety training facilities including but not limited to burn buildings, fire training towers,
classrooms, driving tracks and firing range designs = 25%
2.
Proposer's previous successful proj ect history with public facilities and especially fire
station design and construction = 35%
3.
Demonstrated ability to work successfully with local jurisdictions with their unique
development plans and building process = 10%
4.
Qualification of the Proposer and ability to perform the work = 20%
5.
Creative approach = 10%
Step #3:
At the end of the interview/presentation process, the selection committee narrowed the six to
three using the prepared rating sheets (see Exhibit 3) and comparing total average scores for
each firm with the following results.
1.
2.
3.
PGAL (91.71 average points)
Kirkpatrick (90.93 average points)
Komatsu (90.86 average points)
The total scores of the remaining three firms averaged less than 80 points each so the
Committee eliminated these three firms from any further discussion.
Step #4:
The Selection Committee compared each of the top three firms based on their presentations,
team member availability and previous projects that the teams had accomplished. The
advantages and disadvantages of each firm were then evaluated thoroughly. Each Committee
member then ranked the firms 1, 2 or 3 with 1 being the most qualified. After a
comprehensive discussion on the results, the Section Committee reached the following
consensus of the top two firms:
1.
2.
PGAL
Kirkpatrick
The Selection Committee agreed that PGAL architectural firm was the most qualified firm to
accomplish the design of the fire station as well as the master plan of the training facility due
to its excellent team members and successful accomplishment of similar projects by their
team.
2
Step #5:
The Committee chose a Negotiating Team made up of Tom Shaw, Bruce Henington and
Laura Behrens to initiate contract discussions with PGAL with the goal of bringing a
proposed contract to the City Council on June 21, 2005 for approval. However, if Staff
cannot reach an agreement on a proposed contract, the Negotiating Team will initiate
discussions with the 2nd most qualified firm, Kirkpatrick Architectural Studio.
However, due to the complex nature of this project and the high public visibility it will bring
to the City of Denton, Staff desires direction and confirmation from the City Council on the
architectural selection process prior to any agreement to a proposed contract with an
architectural firm.
Respectfully Submitted:
~
Ross Chadwick
Fire Chief
Attachments:
Exhibit 1 - Architectural Firm Selection Firm Process
Exhibit 2 - Architect Interview Evaluation
Exhibit 3 - Rating Evaluation Sheets
3
Exhibit 1:
ARCHITECTURAL FIRM
SELECTION PROCESS
1.
Review each firm's submitted proposal. Narrow the submittals to 3 to 6 firms
for interviews and presentations.
2.
Invite the selected finalists to an interview and presentation based on the
issues and questions that the Selection Committee had developed.
3.
Listen to each firm's presentation and ask each firm any questions that may be
generated by a firm's response to the prepared questions/issues.
4.
Rate each firm using the rating forms.
5.
After all the firms have been individually rated, rank them 1 to 6 (with #1 being
the architectural firm you feel to be the most highly qualified to master plan the
public safety training facility and design fire station #7).
6.
All of the final rankings by the Committee will then be tabulated to determine
the overall most highly qualified firm.
7.
The Committee will discuss the final ranking and attempt to reach a consensus
of the most highly qualified firm along with #2, #3, #4, #5 and #6.
8.
Negotiate with the top firm and if a contract agreement can be reached, submit
the proposed contract to the City Council for final approval. If an agreement
cannot be reached with the #1 firm, then negotiations will begin with the #2, and
so on until a firm can be proposed to the City Council.
4
Exhibit 2:
City of Denton Public Safety Training Facility-Fire Station #7- RFP #3324
ARCHITECT INTERVIEW EVALUA TION
1.
Please describe your experience and qualifications related to master planning and especially to those of
public safety training facilities.
a.
Please describe one or more projects that demonstrate your ability to develop a master plan of a joint use
pubic safety training facility.
b.
Please describe your public safety training facility master planning process.
c.
What are the challenges involved in designing a joint use (law enforcement, fire, and educational) training
facility?
d.
How will you plan for all the various specialized aspects of the training facility (burn building, classrooms,
tower, firing range, driving track, haz mat, rescue, etc.)?
e.
Whom will you talk to and who will review the decisions being made before the master plan is finalized?
2.
Please describe your experience and qualifications related to the design and construction of fire stations.
a.
What is unique about the design of fire stations that sets them apart from other technically challenging
buildings? Please describe your fire station design process.
b.
What will the process be for determining the specific space and functional needs of fire station #77
c.
Please describe one or more projects that demonstrate your ability to design a fire station as part of a
master planned facility? How will the fire station fit into the training facility?
d.
Who will you talk to and who will review the decisions being made before the fire station design plans are
finalized?
e.
How would you develop a timeline to design and finish construction of the fire station by October 2006?
3.
Describe your experience in designing and/or master planning fire stations and/or public safety training
facilities using LEED or green building standards. How would you incorporate sustainable design into
these facilities?
4.
How will your design, use of space and building materials impact long-range operations and maintenance
(O&M) costs?
5.
Please describe your success in meeting past project goals (schedule/budget/design concepts).
6.
Why is your firm the most qualified to design and master plan this project?
5
Exhibit 3: Architect Selection Ratina Form
I.
EXPERIENCE (25%)
A.
Experience Related to Master Planning Public Safety Training Facilities:
Qualification related to master planning public safety training facilities
Complexity of related projects
B.
Experience Related to the Design of Fire Stations:
Qualification related to the design of fire stations
Complexity of fire station design projects
C.
Experience of Key Staff
Project Manager
Project manager background/ experience
Team staffing, qualifications background
Outstanding 23 - 25 points
Good 20 - 22 points
Average 15 -19 points
Poor Less than 15 points
Comments:
6
-=:J
II.
SUCCESSFUL PROJECT HISTORY WITH PUBLIC FACILITIES
(35%)
A.
Experience Related to Master Planning Public Safety Training Facilities
Qualification related to master planning public safety training facilities
Complexity of related projects
B.
Demonstrated Experience in Completed Projects
Public Safety Training Facilities
Fire Stations
Other Projects
C.
Ability to Meet Unique Project Goals
Unique scope of work on other projects
High quality of service
Performance history of timeliness/within budget
D.
Knowledge of State-of-the-Art Firefighting and Law Enforcement
Knowledge of Burn buildings
Knowledge of Classrooms
Knowledge of Firing Ranges
Knowledge of Driving Tracks
Knowledge of Drill Towers
E.
Ability to access and offer a full range of design options
Outstanding 32 - 35 points
Good 28 - 31 points
Average 21 - 27 points
Poor Less than 21 points
Comments:
7
-=:J
A.
III.
ABILITY TO WORK WITH LOCAL JURISDICTIONS (10%)
Commitment in ascertaining Denton's community interests
Process to ascertain Denton's needs for this project
B.
Commitment in implementing Denton's (City and Community) interest within project
scope
During planning and design
During construction
Outstanding 9 - 10 points
Good 7 - 8 points
Average 5 - 6 points
Poor Less than 5 points
Comments:
8
-=:J
IV.
A.
B.
QUALIFICATIONS AND ABILITY TO PERFORM WORK (20%)
Design Process
Reasonable schedule for completion
Reasonable period for client review and instruction
Adequacy of Resources for Project
Staffing levels proportional to address large project
Proper support to handle unexpected project changes
How many current/expected projects
Outstanding 19 - 20 points
Good 16 - 18 points
Average 12 - 15 points
Poor Less than 12 points
Comments:
9
-=:J
V.
CREATIVITY (10%)
A.
Creativity
Scope improvements
New ideas
Outstanding 9 - 10 points
Good 7 - 8 points
Average 5 - 6 points
Poor Less than 5 points
V TOTAL.
Comments:
I. Experience =
Points
II. Successful Project History =
Points
III. Ability to Work With Locals =
Points
TOTAL SCORE: III
IV. Qualifications & Ability =
Points
V. Creativity =
Points
10
AGENDA INFORMATION SHEET
AGENDA DATE:
June 7, 2005
DEPARTMENT:
Planning and Development
Jon Fortune, Assistant City Manager ft
ACM:
SUBJECT
Receive a report, hold a discussion and give staff direction on a railroad crossing for proposed
Vintage Parkway, the closing of other crossings, and the annexation of certain tracts of land in
the eastern area of the City of Denton's extraterritorial jurisdiction located near the intersection
of Collins and Mingo Road, between Angus and Fishtrap Roads, comprising approximately 160
acres.
BACKGROUND
Ash Grove Cement Company is proposing to locate a cement transfer facility on Mingo Road,
just outside of Denton's corporate limits and near both Safety Kleen and United Copper. The
facility will receive bulk cement by rail, off load it, convey it to cement silos, and then load it
into cement trucks. In order to provide the City of Denton the authority to regulate land use
based upon a zoning classification and to ensure the welfare and safety of all existing and future
development in the area, the City could consider annexing the 70-acre site located at the NE
corner of Mingo and Collins Road in Denton County.
In accordance with the City's annexation policy plan, approved in June 1993, the City will
"assess on a case by case basis the annexations of areas in the ETJ when significant
developments are proposed." Prior proposed annexations have required a City Council Work
Session to direct staff to pursue or not pursue an annexation.
Annexation should be considered when a property is located within the designated urbanizing
area; is expected to accommodate urban growth in the next twenty years; and if the annexation is
contiguous to existing city limits, city roads and rights-of-way. The Ash Grove site is located in
Denton's ETJ Division 1. As such, development is subject to only the City's subdivision
regulations and not zoning regulations. Platting is required prior to development of the site.
Incorporation of this site into the City would require the annexation, probably involuntary, of up
to 160 acres, which includes the Ash Grove site and at least eight parcels not directly involved in
the proposed development.
The annexation timeline is at least four months. There is a 30-day notice of intent requirement
for all involuntary annexations. If City Council directs staff to proceed with the annexation, the
30-day notification will be sent out on June 8 and staff can move forward with the annexation
after July 7, 2005. At the earliest, the annexation can be completed by October 4. Please refer to
Attachment 1.
An existing zoning map of the area and a map of all the adj acent properties that would need to be
annexed in order to annex the potential Ash Grove site are provided in Attachment 2.
Staff seeks direction from City Council on pursuing annexation of these properties.
OPTIONS
1. Direct staff to proceed with annexation.
2. Direct staff to not proceed with annexation.
3. Direct staff to bring the Council additional information
ESTIMA TED SCHEDULE OF PROJECT
Attachment 1 sets forth a proposed schedule.
PRIOR ACTIONIREVIEW
None
FISCAL INFORMATION
The studies necessary for annexation will address fiscal impacts.
EXHIBITS
1. Proposed Annexation Schedule
2. Property and Zoning Map
Respectfully submitted:
~~
Kelly Carpenter
Planning and Development Director
Attachment 1
PROPOSED ANNEXATION SCHEDULE
Ash Grove Cement Distribution Center (AO5-0001)
Tuesday, 7/19/05
City Council conducts first public hearinq.
Tuesday, 7/26/05
City Council conducts second public hearinq. (Special Called
Meeting)
Wednesday, 8/10/05
Planning and Zoning Commission public hearings - make a
recommendation to City Council regarding the proposed
annexation and the proposed zoninq.
Tuesday, 8/16/05
City Council by a four-fifths vote institutes annexation
proceedings.
First readinq of annexation ordinance.
Sunday, 08/21/05
Ordinance published
.
Tuesday, 10/04/05
City Council by a four-fifths vote takes final action. Second
readinq and adoption of the annexation ordinance. City
Council considers approval of zoning request.
.
Annexations must be rigidly coordinated in conjunction with the City Council public hearing
schedule due to specific timing mandates established by Texas State Law. The Texas Local
Government Code requires that City Council institute annexation proceedings (1st Reading of the
Ordinance) more than 20 days after the second City Council public hearin2: but less than 40
days from the first City Council public hearin2:.
- 1 -
EXHIBIT 1
Attachment 2
Aerial Image and Possible Annexed Properties Including Concrete Dist. Site
m
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--. ..'.~":.}.;
. .Y,' -.'.- ""<..t~~:o"'1
.";<"..'-.!.::~':..f'_'I
Ex;,!;n, C;ty ofe-en!on
City, Zoning and Possible Ann,çxed Prop~rtie,s Inçluding Concrete Dist. Site
Approx 72.4 acres
¡Proposed Concrete
; Distb. Site
s
Approx 86 ac
ECi-1
Auto Salvage
Future Land Use Plan Areas and Possible Annexed Properties Including Concrete Dist. Site
s
Approx 72.4 acres
Neighborhood Centers
iProposed Concrete
, Dish Site
Approx 86 ac
Auto Salvage
CITY OF DENTON CITY COUNCIL MINUTES
May 2, 2005
After determining that a quorum was present, the City Council convened in a Special Called
Meeting on Monday, May 2, 2005 at 11 :30 a.m. in the Council Work Session Room.
PRESENT:
Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery,
Mulroy, and Thomson.
ABSENT:
Council Member Redmon
1. The Council received a report, held a discussion, and gave staff direction regarding the
associated service impact due to the proposed staff reductions included in the five-year financial
forecast.
City Manager Conduff stated that department directors were present to either make short
presentations to Council regarding the reductions in staff or would be available to answer
questions if Council did not wish to proceed with the presentations.
Mayor Pro Tem McNeill stated that he had asked to have this item on an agenda. Citizens had
been raising questions regarding the providing of services after the reductions and it was
appropriate for Council to have background information on what the reductions in staff meant in
terms of reduction in services. His responsibility was to set policy. It was not his place as a
council member to say keep "x" employee and not "y" employee, as that would be illegal per the
Charter. He did have concerns about the reductions and what that might do to service delivery.
He supported the technique but had asked for the item for further explanation.
Council Member Mulroy stated that this was a complex issues that was not pleasant to do. There
would be some trial and error in the process, knowing that adjustments would have to be made.
Mayor Brock stated a concern that certain visions, goals and priorities were set and that there
was a need to evaluate services in terms of those goals and visions. She felt it would be foolish
to move forward in one direction if services in that direction would be cut or eliminated.
Consensus of the Council was to have the department directors make presentations relative to the
reductions.
City Manager Conduff indicated that the City Manager's office would be giving up 1 Yz full-time
employees. One position would be the Administrative Assistant to the City Manager. Work
from that employee would be shifted to a series of other people and would be a transparent issue
with regard to citizen impact. The second was a Yz time secretarial position, which would have
some citizen impact. Currently the office was open from 7:30 a.m. - 5:30 p.m. for service before
and after regular business hours. With the reduction of this position, the office hours would
return to 8:00 a.m. - 5:00 p.m. This would not be a significant citizen impact. This was the
Manager's commitment to share the sacrifice to vacate positions.
Betty Williams, Director of Management and Public Information, stated that her department
would have a reduction of two full-time employees. The Council meeting would still have a live
broadcast and the community bulletin board would continue as well as all legal and adopted city
plans. The reduction would be felt in the videoing of community service programs, which could
City of Denton City Council Minutes
May 2, 2005
Page 2
be outsourced. The remaining staffwould serve as backup when needed. There would no longer
be local original programming. Two part-time associate producers would also be cut.
Council discussed the impact of less local programming and if any effect would be felt in the
area of tourism.
Williams indicated that current printed materials would remain but video footage for
commercials and still pictures of events would no longer be produced.
Carla Romine, Director of Human Resources, indicated that three full-time employees would be
cut from her department. One of the positions eliminated currently provided support for testing
with the Police and Fire Departments. Those duties would be shifted to the police and fire
departments for coordination. Some employee training would have to be reduced. They would
still be providing what was legally mandated but some training would be outsourced. The
department would be shifting duties and doing more with less and would have less flexibility in
regards to time lines.
Council discussed the shifting of functions to the police and fire departments and associated
costs.
Romine indicated that there was the potential of increased costs in terms of overtime costs to
those departments.
Chief Chadwick indicated that both the police and fire department were still trying to assess the
impact of the proposed changes. They would need to reassign staff functions to pick up those
additional functions but as their departments were not affected by the cuts, they were willing to
take on the extra duties.
Kathy DuBose, Assistant City Manager, stated that the Accounting Department would be
reducing two full-time employees. The first position was an accounts payable representative.
Reduction of this position could result in a longer time to process payments. The supervisor of
this position would take on more responsibility to make sure payments were made promptly.
The second position was a senior accountant position. This position had general fund
responsibilities dealing with fixed assets, and monthly sales tax and municipal court reports.
These functions would be absorbed in other departments.
Janet Fitzgerald, Director of Parks and Recreation, stated that her department would be
eliminating a total of eleven full-time employees. In order to cover the recreation center hours, a
one-third equivalent position would be added for assisting with building attendant duties. All
park mowing for class A and B parks, medians and cemeteries would be contracted out. Mowing
for athletic fields, North Lakes Park, South Lakes Park, Denia Park and rights-of-way would be
done in-house.
Council discussed how the mowing standards would be maintained with the reductions.
City of Denton City Council Minutes
May 2, 2005
Page 3
Fitzgerald indicated that they would be able to maintain current standards. The biggest impact
would be in the area of flexibility to respond to various customer service issues. Currently they
did a lot with customer service with people using the parks and that contact would be reduced
with less flexibility to respond to customer requests.
Fitzgerald continued that the Leisure Services Department had been reorganized with one
position reclassified and that position responsibilities shifted. In terms of citywide programming,
there would be one position for preschools and one for physical fitness. Constant customer
contact would diminish and different people would be seen at different times in the centers.
Council Member Mulroy requested data on how Denton compared with other cities on spending
per capita for active versus passive park expenses.
Diana Ortiz, Director of Fiscal Operations, stated that a half full-time equivalent position would
be reduced in Treasury. As Treasury and Tax work together, there would be a reduction in the
hotel audits on the Treasury side and a reduction in customer service on the Tax side. Audits
would be done less frequently.
Linda Ratliff, Director of Economic Development, stated that the Main Street Marketing
Specialist position would be eliminated from her department. The Main Street Association
feared that the reduction of professional staff might negatively impact the quality of events
sponsored by Main Street. She had assured them that the Department would provide guidance
on how to sponsor events. The second position in her department to be eliminated was the
Economic Development Coordinator. That position provided research for developers and
provided some GIS work. Other staff would be learning that technology and training. Some
reduction in response time to requests for service might be experienced. There would be
possible cut backs on educational programs associated with the DISD and other area
organizati ons.
Bruce Henington, Director of Facilities Management, stated that one technical person and one
office person would be eliminated from his department. Those reductions would not affect
safety or health areas. The Project Manager would pick up more of the paperwork for internal
servIces.
Kelly Carpenter, Director of Planning and Development, stated that five positions would be
eliminated from her area. Two of the five positions were currently vacant. Job functions would
be reassigned in order to meet all needs.
Eva Poole, Director of Libraries, stated that her department would be reducing three positions.
This would result in fewer programs for adults and children and one service desk for everyone.
Patrons would be encouraged to use the self-check machines and the automated system.
Mark Nelson, Director of Airport and Transit Operations, stated that a half-time field service
worker position would be eliminated from the Airport. Reduction of this position would result in
reduced inspection of pavement maintenance and less mowing at the Airport.
City of Denton City Council Minutes
May 2, 2005
Page 4
Council Member Mulroy requested a report back through the summer on a monthly basis of
whether or not any problems were being experienced in the safety program and how those issues
might be addressed.
Jim Coulter, Director of W ater/W astewater, stated that the Street Department would be reducing
two full-time employees. The impact on the community would be that permanent repairs would
take longer and temporary repairs would remain in place for longer periods of time.
Robin Ramsay, Municipal Judge, indicated that a % part-time assistant judge position would be
eliminated. This position had not been filled for the last several years and would be eliminated
from the budget.
City Manager Conduff stated that a half time position would be eliminated from the Internal
Audit position. That position was added about four years ago to help track contracts for
compliance. Other staff members would absorb this function.
Ed Snyder, Interim City Attorney, stated that the Council's goal was to reduce the legal staff
from seven attorneys to five. One attorney position was being eliminated and one attorney had
recently resigned. Those reductions would result in the department reaching the Council's goal
sooner than expected. A half-time secretary position was also being reduced.
City Manager Conduff indicated that the above were all of the general fund positions that would
have an impact on external services. The remaining positions were internal service positions in
Reprographics, Materials Management, Fleet Services, and Technology Services. Citizens
would not be impacted by the reduction of employees in these areas. There would be some
significant outsourcing in some cases associated with these reductions with services being
outsourced similar to what currently was provided.
Mayor Pro Tem McNeill asked of the 51.2 positions, how many were considered upper
management and how many not management.
Conduff replied that there were several professional positions targeted for elimination with 20%
of the reductions in the management area and 80% in the hourly area.
Council Member Thomson asked how many actual employees would lose their jobs. What was
an estimate of the number of individuals who would not be able to transfer to a city-related to
job.
Romine stated that they were estimating that 10-12 employees would ultimately be cut.
2. The Council received a report, held a discussion and gave staff direction regarding the
City of Denton's self-funded workers' compensation and liability programs.
Scott Payne, Risk Manager, stated that the City had had a self-funded program since at least
1995. The City was required by the Labor Code to provide coverage. Denton used a third party
administrator to process workers' compensation with a cost of $37,800. He presented
City of Denton City Council Minutes
May 2, 2005
Page 5
information on claims costs by year of injury occurrence. Compared to a fully insured program,
the cost estimate would be an estimated $2,700,000 to fully insure the program. In summary, the
self-funding program had been an effective mechanism in the past, historical workers'
compensation costs had been far less than the $2,700,000 in fully insured premiums quoted, the
excess workers' compensation policy caps expenses at $500,000 per occurrence and the self-
funding allowed the city to save money when safety and loss control programs were successful.
Payne continued that the city's liability program had been a self-funded program since 1995.
Texas Tort Claims Act established the framework for the program. The city self-administered
the liability claims process and covered the areas of general liability, auto liability, law
enforcement liability, public officials liability, errors and omissions, professional liability and
employment practices liability. The city also purchased insurance for exposure at the Airport,
Emergency Medical Services professional liability and commercial crime coverage. The Texas
Tort Claims Act established caps on damages and the city had excess liability coverage with
deductible and coverage limits. A fully insured program would cost an estimated $750,000 with
a $1,000 deductible and limited liability at $1,000,000. An excess policy would still need to be
purchased and some level of staff involvement would still be necessary. A fully insured policy
would not cover the liability associated with the Airport and ambulance service. Historical claim
expenses for both workers' compensation and liability claims were less than fully insured cost
indications. Staff recommended the continued practice of self-funding workers' compensation
claims and the use of a third party administrator and also the continued practice of self-funding
and self-administering the liability program.
Consensus of the Council was support of the staff recommendation.
Following the completion of the work session, the Council convened in a Closed Session to
discuss Item #1 relative to the City Attorney's Office.
With no further business, the meeting was adjourned.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
May 3, 2005
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, May 3, 2005 at 6:00 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery,
Redmon and Thomson.
ABSENT:
Council Member Mulroy
1. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for May 3, 2005.
Regular Meeting of the City of Denton City Council on Tuesday, May 3, 2005 at 6:30 p.m. in the
Council Chambers at City Hall.
Council Member Mulroy joined the meeting.
1.
PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U S. and
Texas flags.
2.
PROCLAMA TIONS/PRESENTA TIONS
A.
Proclamations/Awards
Mayor Brock presented a Congressional Record to Vance Kemler and Jake Stewart of Biodiesel
Industries for the City's biodiesel facility.
Mayor Brock presented the following proclamations:
Denton Cinco de Mayo Day
Motorcycle Safety and Awareness Month
Drinking Water Week in Denton
Day of Jubilee
B.
Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments.
3.
CONSENT AGENDA
Mayor Brock indicated that Item 3F would be pulled for separate consideration.
Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of#3F. On roll vote, Kamp "aye", McNeill "aye",
Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye".
Motion carried unanimously.
City of Denton City Council Minutes
May 3, 2005
Page 2
Item 3F was considered.
Montgomery motioned, McNeill seconded to adopt the ordinance and amended lease as received
by the Council contingent on the gas lessee paying the outside attorney fees at a maximum of
$5000. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon
"aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
A.
R2005-016 - A resolution allowing Mi Casita Restaurant to be the sole participant
allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 7,
2005, upon certain conditions; authorizing the City Manager or his designee to
execute an agreement in conformity with this resolution; and providing for an
effective date. Parks, Recreation and Beautification Board recommended
approval (6-0).
B.
R2005-017 - A resolution appointing Timothy S. Fisher as the City's
representative to serve as a member of the Board of Directors of the Upper Trinity
Regional Water District; and providing an effective date. The Public Utilities
Board recommended approval (4-0).
C.
2005-123 - An ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for electrical energy
transmission fees to those cities and utilities providing energy transmission
services to the City of Denton; and providing an effective date (File 3334 -
Electrical Energy Transmission Fees $1,124,301). The Public Utilities Board
recommended approval (6-0).
D.
2005-124 - An ordinance approving an assignment of leasehold interest in an
airport lease from JVC Real Estate, LLC to January Aviation, LLC for property
located at 4705 Spartan Drive at the Denton Municipal Airport; and providing an
effective date. The Airport Advisory Board recommended approval (4-0).
E.
2005-125 - An ordinance authorizing Amendment No.1 to an agreement dated
February 3, 2004 relating to a grant for the purchase and installation of radio
equipment between the City of Denton and the State of Texas acting through the
Texas Department of Transportation; authorizing the City Manager to expend
funds provided for in the amendment; and declaring an effective date (TxDOT
Project No.: AP DENTON 6 and TxDOT CSJ No.: 0418 DENTN). The Airport
Advisory Board recommended approval (5-0).
F.
2005-126 - An ordinance clarifying, amending and ratifying the Oil, Gas and
Mineral Lease at the City of Denton Airport dated, January 17, 2002; and
providing an effective date. The Airport Advisory Board recommended approval
( 5-0).
G.
2005-127 - An ordinance approving a Statement of Agreement between the City
of Denton, and the American Red Cross - Dallas Area Chapter for mutual
assistance of catastrophic events, emergencies or disasters; and providing for an
effective date.
City of Denton City Council Minutes
May 3, 2005
Page 3
H.
2005-128 - An ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a Professional Services Agreement with
R 1. Covington Consulting, LLC for consulting services relating to Task Order
No. 05-C; providing for services related to Determination of Denton Municipal
Electric's Future Requirements for Wholesale Electric Supply and Related
Services; to Solicit and Consider Alternatives to Replace the Existing Transition
Power Agreement; and to Issue a Request for Proposals for Purchased Power by
Denton Municipal Electric; authorizing the expenditure of funds therefor; and
providing an effective date. The Public Utilities Board recommended approval
(6-0).
I.
R2005-018 - A resolution re-appointing a Member to the Board of Directors of
the Texas Municipal Power Agency, representing the City of Denton, Texas; and
declaring an effective date.
1.
Approved tax refunds for the following property taxes:
Name
Tax
Y Amount
ear
Reason
2
C
'd IF rt
t
2004 $604 35
D r t P
T
t
. 01 un WIle- 01 une-e-s, ra.c UI lca. e- a. mean .. .
4.
LandAmerica/Button, Robert &
Sheila
2004 $1,414.66
Duplicate Payment
6.
LandAmericalFulligim, Dwight &
Frances
2004 $972.95
Duplicate Payment
8.
LandAmerica/Russell, Colleen
2004 $743.84
Duplicate Payment
10. LandAmerica/Wohlgemuth, James
R
Duplicate Payment
2004 $1,022.65
11. Sierra Title of North Texas/Bell,
Philo
Duplicate Payment
2004 $695.01
K.
Approved the minutes of:
April 4, 2005
April 5,2005
L.
2005-129 - An ordinance directing the publication of Notice of Intention to issue
Certificates of Obligation of the City of Denton; and providing for an effective
date.
City of Denton City Council Minutes
May 3, 2005
Page 4
M.
2005-130 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and the Denton Festival Foundation for supplemental
funding for the Arts and Jazz Committee for the 2005 Denton Arts and Jazz
Festival; providing for the expenditure of funds therefore; and providing for an
effective date.
4.
PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance of the City of
Denton, Texas denying Atmos Energy Corporation's request for an annual Gas Reliability
Infrastructure Program adjustment in this municipality; providing a requirement for prompt
reimbursement of costs incurred by the City; finding that the meeting at which this ordinance is
passed is open to the public as required by law; providing for notice of this ordinance to Atmos
Energy Corporation; and providing an effective date.
Herb Prouty, Assistant City Attorney, stated that last December Atmos filed an application to
increase rates on the Gas Reliability Infrastructure Program. The Council suspended action on
the request with an effective date to the 15th of this month. The consultants had recommended
denying the rate increase. There were two ordinances prepared for Council consideration. The
first was to approve the rate increase as modified by the Railroad Commission. The second was
to deny the rate increase. Staff was recommending that Council approve the ordinance denying
the increase. The Railroad Commission decision was not effective for 90 days and the coalition
of cities did not get to participate in the hearing and in the decision.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-131
AN ORDINANCE OF THE CITY OF DENTON, TEXAS DENYING ATMOS
ENERGY CORPORATION'S REQUEST FOR AN ANNUAL GAS RELIABILITY
INFRASTRUCTURE PROGRAM ADJUSTMENT IN THIS MUNICIP ALITY;
PROVIDING A REQUIREMENT FOR PROMPT REIMBURSEMENT OF COSTS
INCURRED BY THE CITY; FINDING THAT THE MEETING AT WHICH THIS
ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW;
PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY
CORPORATION; AND PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance as recommended by staff to deny the
request. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon
"aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
City of Denton City Council Minutes
May 3, 2005
Page 5
5.
ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance concerning an Alternative
Development Plan for tree canopy coverage for a distribution warehouse on approximately 30
acres ofland located in an Industrial Centers Employment (IC-E) zoning district. The property,
commonly known as 2900 Airport Road, was generally located west of 135 West and north of
Airport Road. The Planning and Zoning Commission recommended denial (5-1). SUPER
MAJORITY VOTE REQUIRED FOR APPROVAL. (ADPO5-0001, Anderson Merchandisers)
Kelly Carpenter, Director of Planning and Development, indicated that a supermajority vote by
Council was not required as alternative development plans were determined not to be a matter of
zoning but of site design standards. She reviewed the definition of an alternative development
plan. Anderson Merchandisers was located in an industrial center employment zoning. The
Development Code required a 20% tree canopy coverage measured by the area under the shadow
area of the tree when full grown. Anderson was proposing a canopy of 10.1 % coverage which
was about half of what was required. Site plan requirements called for a double row of trees.
The Planning and Zoning Commission recommended denial, as did the staff. Staff had
suggested contributing to the tree bank as detailed in the tree preservation ordinance. The tree
preservation ordinance was not applicable to this proposal; rather it fell under the landscape
ordinance.
Council Member Mulroy stated that in a previous similar case, Council approved a reduced
canopy of 16%. He understood that the Planning and Zoning Commission was going to review
the required standards for canopy in an industrial zoning area, as a 20% canopy might not be
practicable.
Mayor Brock indicated the following Request to Speak Cards had been submitted:
Bob Schneider, applicant, stated that one of the issues dealt with the slope and rock
underneath the soil. Planting trees would be too hard for the landscaping.
Council Member Mulroy asked if Anderson would be willing to commit to coverage somewhere
between 10-15%.
Schneider replied yes.
Jon Mitchell a, applicant, stated that staff had requested that oaks not be planted on
Airport Road due to overhead lines. Crepe myrtles or pears had been suggested but those also
reduced the canopy coverage. He also expressed concern regarding the double row of trees and
the competition for growth due to the limited soil plus the overhang of the trees might impede
the truck traffic.
Council Member Mulroy stated that in fairness, it was anticipated that the coverage requirement
could possibly be reduced to 15%. Anderson was almost at that number and some adjustments
might help them get to 15%.
McNeill motioned, Mulroy seconded to continue the request, not to a date certain, but until
sufficient information was received regarding the canopy coverage. A temporary certificate of
occupancy would be granted at this time. On roll vote, Kamp "aye", McNeill "aye", Montgomery
City of Denton City Council Minutes
May 3, 2005
Page 6
"aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried
unanimously.
B. The Council considered adoption of an ordinance of the City of Denton, Texas,
adopting the City Manager's plan for reorganization and reduction in force for the City of
Denton; providing for severance package plan for eliminated positions, providing for transfer of
employee's benefit adjustment to employee's salary; and providing an effective date.
City Manager Conduff stated that staff had worked on the Council's goals for balanced financial
forecast. Staff had indicated that to reach that goal it was recommended to reduce full time
equivalents in the general fund. They had shared the service impact on these recommended
employee reductions and proposed a mechanism for employees to have options to sever
themselves from the organization. He reviewed the options for the severance of employees.
The following individuals submitted Speaker Cards:
Troy Nivens - Denton Police Officers Association, stated the Association's concerns
regarding the plan. It was felt that the plan was designed to balance the budget by cutting
General Government employees, increasing health insurance costs and by cutting salaries. The
DPOA felt that the salaries of the remaining general fund employees should remain intact. The
efficiency and compensation study should be done at another time to prevent reduction of
salaries.
Philip Young, 126 Hollyhill, Denton 76205, was opposed to the resolution. He indicated
that he would rather pay higher taxes than have a reduction in services or go backwards in terms
of beautification of the city.
Ken Gold, speaking on behalf of the Firefighters, suggested the Council postpone the
ordinance as it would cut pay for employees. There were other ways to reduce expenses such as
not spending $400,000 on a salary survey that wasn't needed.
Bob Clifton spoke in opposition to the proposed ordinance. He suggested getting rid of
top-heavy higher paid employees.
Dessie Goodson stated that Council was proposing cutting jobs and then contracting them
out. She suggested reducing the City Manager and Assistant City Manager salaries.
The following ordinance was considered:
NO. 2005-132
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING THE CITY
MANAGER'S PLAN FOR REORGANIZATION AND REDUCTION IN FORCE FOR
THE CITY OF DENTON; PROVIDING FOR SEVERANCE PACKAGE PLAN FOR
ELIMINATED POSITIONS, PROVIDING FOR TRANSFER OF EMPLOYEE'S
BENEFIT ADmSTMENT TO EMPLOYEE'S SALARY; AND PROVIDING AN
EFFECTIVE DATE.
City of Denton City Council Minutes
May 3, 2005
Page 7
Montgomery motioned, Mulroy seconded to adopt the ordinance. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
C.
Citizen Reports
1. Review of procedures for addressing the City Council.
2.
Council received citizen reports from the following:
A.
Jack Daniels regarding ways to facilitate voter participation -
interactive government.
Mr. Daniels requested council use resources to promote elections. He suggested using the
television emergency interrupt to remind everyone to vote.
B.
Dessie Goodson regarding responsibility.
Ms. Goodson stated that she had an Open Records request that she was still waiting for a reply.
She also inquired about an ad she had seen in the paper for a transit bus and questioned a cable
bill peg fee included on her cable bill.
C.
Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
D.
Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
E.
Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
F.
Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth questioned if what was wrong with city dealt with how the city related to some of
its citizens. The Civil Service test was racially skewed against African Americans. Proposals
were being made to cut salaries and no matter how it was couched, salaries would be cut.
D.
New Business
The following items of New Business were suggested by Council for future agendas:
1. Mayor Pro Tem McNeill requested a report for public record on the task force
problem with the firefighters. Council Member Kamp requested Dallas requirements be
included.
2.
Council Member Thomson requested information on bike paths.
City of Denton City Council Minutes
May 3, 2005
Page 8
E.
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
City Manager Conduff did not have any items for Council.
F.
Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting.
G.
Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 8:21 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
May 9, 2005
After determining that a quorum was present, the City Council convened in a Special Called
Meeting on Monday, May 9, 2005 at 4:00 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock, Mayor Pro Tem McNeill, Council Members Kamp, Montgomery,
Mulroy, Redmon, Thomson.
ABSENT:
None
1. The Council received a report, held a discussion and gave staff direction regarding
proposed amendments to the Development Code and Criteria Manual related to improving
multi-family and single-family development in the City of Denton.
Kelly Carpenter, Director of Planning and Development, stated that the Council and Planning
and Zoning Commission held a Work Session in November and directed staff to prepare
amended regulations related to multi-family development. Staff had identified two regulatory
approaches to improving the quality of multi-family developments.
Land Use-multi-family would only be allowed with a Specific Use Permit (SUP); or as part of a
mixed-use development; or in conjunction with a master plan development; or if the
development received zoning approval allowing multi-family use within one year prior to
effective date of the new regulation; or if allowed by a City Council approved neighborhood
plan.
Design Standards - Staff proposed amendments to the current standards - consolidation of
standards for all multi-family developments with the increased standards for multi-family
developments in a Pedestrian district; and changes to the standards for (a) adjacency to single-
family, (b) architecture including facade modulations/articulations, stairways, building materials,
and roof line, (c) on-street parking, and (d) accessory structures.
Discussion followed regarding Downtown University Core zoning districts and the Community
Mixed-Use zoning district. The Council agreed that they did not want to exempt Community
Mixed-Use zoning districts (CM-G and CM-E) from the amendments.
The Council stated that the definition for "master plan development' was vague and wanted
additional information added to it.
Carpenter reviewed the existing and proposed changes to the site design and architectural
standards.
Council Member Thomson left the meeting.
Council Member Mulroy felt the Chamber of Commerce and some developers should look at
these amendments and have an opportunity to provide input.
Council Members McNeill and Mulroy both stated the City should not regulate the colors of
building materials.
The Council agreed to discuss this item further in another work session.
City of Denton City Council Minutes
May 9, 2005
Page 2
2. The Council received a report, held a discussion and gave staff direction on multi-family
Texas Bond Projects and Tax Credit Projects.
Kelly Carpenter, Director of Planning and Development, stated that applicants for funding under
the Revenue Bond or Tax Credit Programs must seek approval from the local municipality in
which they proposed to locate a project, if that municipality had more than twice the state
average of units per capita supported by the programs.
Council Member Mulroy stated that a constituent had contacted him regarding this project and
wanted to be heard at a City Council meeting. Mulroy stated that the Council should hear what
the developer had to say regarding the project.
Discussion followed as to whether these should be examined by the Council on a case-by-case
basis and whether to support additional Tax Credit Projects in Denton.
Ed Snyder, Interim City Attorney, advised the Council that the City could require an overlay
district to incorporate specific design standards or a development agreement where the program
applicant agreed that if the final site design did not conform to the agreed standards, the City
could withhold all building permits.
The Council asked for the following information: length of ownership requirement; what other
tax credit projects were in Denton County and what community they were in; had any other low-
income housing tax credit projects been approved by other cities since the new requirement for
local government approval; and had any conditions been placed on those projects.
Consensus of the Council was to discuss it further in another work session.
With no further business, the meeting adjourned at 6:55 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASST. CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
May 17,2005
After determining that a quorum was present, the City Council convened in a Special Called
Meeting on Tuesday, May 17,2005 at 5:30 p.m. in the Council Chambers at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery,
Mulroy, and Thomson.
ABSENT:
Council Member Redmon
1.
Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U S. and
Texas flags.
2. The Council considered adoption of an ordinance canvassing the returns and declaring
the results of the Regular Municipal Election to elect two City Council members held in the City
of Denton on May 7, 2005; and providing an effective date.
The following ordinance was considered:
NO. 2005-133
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE
RESUL TS OF THE REGULAR MUNICIPAL ELECTION TO ELECT TWO CITY
COUNCIL MEMBERS HELD IN THE CITY OF DENTON ON MAY 7,2005; AND
PROVIDING AN EFFECTIVE DATE.
Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion
carried unanimously.
3.
Oath of Office administered to newly elected Council Members.
Jennifer Walters, City Secretary, administered the Oath of Office to the newly elected Council
Members - Pete Kamp, District Two; Jack Thomson, District Three; and Perry McNeill, District
Four.
4.
The Council considered approval of Resolutions of Appreciation for Council.
Mayor Brock read a Resolution of Appreciation for Pete Kamp. Mulroy motioned, Thomson
seconded to approve the Resolution. On roll vote, McNeill "aye", Montgomery "aye", Mulroy
"aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
Mayor Brock read a Resolution of Appreciation for Jack Thomson. Kamp motioned, Mulroy
seconded to approve the Resolution. On roll vote, Kamp "aye", McNeill "aye", Montgomery
"aye", Mulroy "aye", and Mayor Brock "aye". Motion carried unanimously.
City of Denton City Council Minutes
May 17, 2005
Page 2
Mayor Brock read a Resolution of Appreciation for Perry McNeill. Mulroy motioned, Thomson
seconded to approve the Resolution. On roll vote, Kamp "aye", Montgomery "aye", Mulroy
"aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
With no further business, the meeting was adjourned at 5:50 p.m.
EULINE BROCK
MA YOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
May 24, 2005
After determining that a quorum was present, the City Council convened in a Special Called
Meeting on Tuesday, May 24, 2005 at 11 :30 a.m. in the City Council Chambers of City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery,
Mulroy, and Thomson.
ABSENT:
Council Member Redmon
1. The Council considered adoption of an ordinance authorizing the issuance, sale, and
delivery of City of Denton Certificates of Obligation, Series 2005; approving and authorizing
instruments and procedures relating thereto; and providing an effective date.
David Medanich, First Southwest Company, stated that the group of RCB Dain Rauscher,
SAMCO Capital Markets, Estrada Hinojosa and Co., Inc. and First Albany Corporation
submitted the lowest bid with an interest rate of 4.07%. He recommended awarding the bid to
that group.
The following ordinance was considered:
NO. 2005-134
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 2005; APPROVING
AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING
THERETO; AND PROVIDING AN EFFECTIVE DATE
Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion
carried unanimously.
2. The Council considered adoption of an ordinance authorizing the issuance, sale, and
delivery of City of Denton General Obligation Bonds, Series 2005; levying the tax to pay same;
approving and authorizing instruments and procedures relating thereto; and providing an
effective date.
David Medanich, First Southwest Corporation, stated that the group of RCB Dain Rauscher,
SAMCO Capital Markets, Estrada Hinojosa and Co., Inc. and First Albany Corporation
submitted the lowest bid with an interest rate of 4.187%. He recommended awarding the bid to
that group.
The following ordinance was considered:
NO. 2005-135
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 2005; LEVYING
THE TAX TO PAY SAME; APPROVING AND AUTHORIZING INSTRUMENTS
City of Denton City Council Minutes
May 24, 2005
Page 2
AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE
DATE.
Mulroy motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye".
Motion carried unanimously.
3. The Council considered adoption of an ordinance authorizing the issuance, sale, and
delivery of City of Denton Utility System Revenue Refunding Bonds, Series 2005, approving
and authorizing instruments and procedures relating thereto; and providing an effective date.
David Medanich, First Southwest Corporation, stated that the group of RCB Dain Rauscher,
SAMCO Capital Markets, Estrada Hinojosa and Co., Inc. and First Albany Corporation
submitted the lowest bid with an interest rate of 5.7%. He recommended awarding the bid to that
group.
The following ordinance was considered:
NO. 2005-136
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES
2005, APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES
RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE
McNeill motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye".
Motion carried unanimously.
With no further business, the Special Called Meeting was adjourned at 11:45 a.m.
After determining that a quorum was present, the City Council convened in a Special Called
Work Session on Tuesday, May 24,2005 at 4:00 p.m. in the Council Work Session Room at City
Hall.
PRESENT:
Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery,
Mulroy, and Thomson.
ABSENT:
Council Member Redmon
1. The Council received a report, held a discussion, and gave staff direction regarding a
letter to the Denton County Judge and Commissioners Court on Fire and Emergency Medical
Services (EMS) funding.
Ross Chadwick, Fire Chief, stated that on February 1 st Council had discussed small city and
county contracts for EMS and fire services. At that time, Council agreed to approve those
contracts but asked for further information regarding revenues for the contracts. On March 22nd
Council had a discussion regarding county funding in general and again discussed county
City of Denton City Council Minutes
May 24, 2005
Page 3
funding for EMS and fire services. Council directed staff to draft a letter to Commissioners
Court for Council approval relative to fees for EMS/fire services. A proposed letter for Council
consideration had been drafted. Chadwick presented information on county EMS funding in
regards to ambulance runs. He indicated that there were 13 cities in Denton County that received
funding for EMS services that were not provided.
Council Member Redmon arrived at the meeting.
Chadwick continued with current city concerns regarding the county funding that included the
fact that the County directly benefited from the current program; the city costs continued to rise
with no county increase in reimbursement; and that the city residents subsidized the county
funding for services they did not receive. The County was only reimbursing approximately half
of the cost to the City on EMS calls. On the Fire side, the City again did not receive
reimbursement to equal costs. Contracts were delayed and always behind. Staff was requesting
direction on whether or not to proceed with a letter to the County.
Council discussion included:
.
Include in the wording of the letter the fact that the County rural area was decreasing and
that cities received funding for services not performed.
List all of the names of the Commissioners in the letter and indicate that the letter was
from all of the Council.
Consider placing this item on an upcoming Commissioners Court agenda to make this
same presentation to them.
A letter might be a good first step and then meet with the Commissioners relative to these
Issues.
Consider alternatives such as if Plan A didn't help what would be the City's choices -
continue as currently doing, ask for a phased in increase over a period of years, or not
provide services at all.
Remove the level of funding from the countywide process and have local taxing districts
administer paying for services received.
.
.
.
.
.
Consensus of the Council was to amend the letter to indicate that the Council would like to have
a discussion with the Commissioners to resolve the issue. This should be done quickly in order
to work in conjunction with budget issues.
2. The Council received a report, held a discussion and gave staff direction on multi-family
Texas Bond Projects and Tax Credit Projects.
Kelly Carpenter, Director of Planning and Development Services, stated that within the last
several weeks staff had spoken to Council on how to process these types of requests for council
support on low income tax credit projects. Council had asked four questions:
1. What was the length of ownership requirements - tax credit benefits would be lost if
the project failed to meet state and federal standards every year for each of the 15
years of compliant period. Properties would then be monitored for an additional 15
years to maintain affordability. Total length of ownership requirement was 30 years.
City of Denton City Council Minutes
May 24, 2005
Page 4
2. What other urban municipalities had more than twice the state average of units per
capita supported by the Tax Credit and Bond Revenue programs - staff provided
several charts in the backup materials relative to this answer.
3. Had any low-income housing tax credit applications been approved by the other
urban municipalities since the new requirement for municipality approval - staff again
provided charts that identified cities that had approved applications since the 2004
requirement went into effect.
4. Were there conditions that could be placed on these projects and if so what
mechanism could be used to enforce these conditions. - once a municipality gave its
consent for an application, it could not be withdrawn. Enforcement of any site design
standards was the responsibility of the municipality. Denton could require an overlay
district to incorporate specific design standards or a development agreement whereby
the program applicant agreed that if the final site design did not conform to the agreed
standards, the City would withhold all building permits.
Council discussion:
.
There were enough of these types of units in Denton.
Look at the final outcome before making a decision. The city was going to have low-
income housing to a certain degree and by Council hearing the cases and by using the
mechanisms that Legal indicated were allowed, Council could ensure and raise the
quality of these types of developments. Denton could not be totally exclusionary to low-
income housing.
Look at each case on an individual basis.
While Denton could not entirely exclude these developments, Denton did not need to
become a home for low-income people.
Consider a policy with a certain ratio of low-income housing to regular housing as the
population grew.
In favor of hearing individual cases and over time consider developing administrative
brackets for these types of developments. These were federally funded tax credits that
would help develop better housing for low-income individuals.
It was the Council's job to help with the best outcome for Denton.
The fundamental question was what was the nature of this community and what was it
becoming without intending to do so.
Look at the long-range impact on the community and on the schools.
These types of units did not have cheap rent.
.
.
.
.
.
.
.
.
.
Consensus of the Council was bring forward the one request already received and at the same
time develop a process on how to handle these requests including overlay districts and
development agreements.
3. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for May 24,2005.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider the specific items listed below under the Closed Meeting section of this agenda.
City of Denton City Council Minutes
May 24, 2005
Page 5
1.
Closed Meeting:
A.
B.
C.
Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section
551.071
1.
Considered and discussed strategy and status of litigation styled Ortegren,
et al. v. City of Denton, currently pending in the Court of Appeals for the
Second District of Texas.
Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section
551.071; Deliberations regarding Real Property Under TEXAS
GOVERNMENT CODE Section 551.072; and Deliberations regarding Certain
Public Power Utilities: Competitive Matters - Under TEXAS GOVERNMENT
CODE Section 551.086
1.
Received legal advice from the City Attorney regarding the status and
possible settlement of condemnation proceedings styled City of Denton,
Texas v. the M T Cole Trust, et al; pending in the Probate Court of
Denton County, Texas under Cause No. ED-2003-00489, being an
acquisition of an electric utility easement out of a tract of land owned by
the M.T. Cole Trust Numbers 1, 2, 3, and 4 just south of the Denton
Municipal Airport; and providing an effective date.
Deliberations regarding real property - Under TEXAS GOVERNMENT CODE
Section 551.072, Consultation with Attorney - Under TEXAS GOVERNMENT
CODE Section 551.071.
1.
Discussed and deliberated the use and value of certain real property and
appurtenances, thereto, consisting of street right-of-way all owned by the
City of Denton, Texas, being situated throughout the City of Denton,
Texas; relating to Verizon's fiber optic operations within the City of
Denton, Texas, and the receipt oflegal advice from the City's attorneys on
matters in which their professional responsibility to the City Council
regarding real estate matters requires private legal consultation.
Special Called Regular Meeting of the City Council on Tuesday, May 24, 2005 at 6:30 p.m. in
the Council Chambers at City Hall.
1.
PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U S. and
Texas flags.
2.
PROCLAMA TIONS/PRESENTA TIONS
A.
Proclamations/Awards
City of Denton City Council Minutes
May 24, 2005
Page 6
Joyce Bombeck, on behalf of the Texas Municipal Library Directors Association, presented an
Excellence Award to Eva Poole, Director of Libraries.
B.
May Yard-of-the-Month Awards
Mayor Brock presented the Awards to:
Dr. Myron and Linda Zisman
Suzanne Perry- Coomes
Mrs. Herb Ferrill
Jimmy and Theresa Little
Lloyd and Linda Kinnison
Rudy and Rosemary Rodriguez
Theron Palmer and Elida Tamez - Water Smart
Mulkey Mason Funeral Home - Business
C.
Recognition of staff accomplishments
This item was not done.
3.
CONSENT AGENDA
Thomson motioned, McNeill seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye",
Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried
unanimously.
A.
2005-137 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of landscaping and sod replacement services for various
City Departments; providing for the expenditure of funds therefore; and providing
an effective date (Bid 3333 - Annual Contract for Landscaping/Sod Replacement
Services awarded to Classic Landscapes, Inc. in the estimated amount of
$35,000). The Public Utilities Board recommended approval (5-0).
B.
2005-138 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Buy Board Cooperative
Purchasing Network for the acquisition of two 25-yard rear-load refuse truck
bodies by way of an Interlocal Agreement with the City of Denton; and providing
an effective date (File 3337 - Two 25-Yard Rear-Load Refuse Truck Bodies
awarded to McNeilus Truck and Manufacturing in the amount of $94,304). The
Public Utilities Board recommended approval (4-0).
C.
2005-139 - An ordinance abandoning and vacating a 0.024 acre down guy
easement recorded in Volume 733, Page 711, Deed Records of Denton County,
Texas, a 0.024 acre down guy easement recorded in Volume 738, Page 751, Deed
Records of Denton County, Texas, a 0.674 acre public utility easement recorded
in Volume 738, Page 754, Deed Records of Denton County, Texas, and 0.674
City of Denton City Council Minutes
May 24, 2005
Page 7
acre public utility easement recorded in Volume 727, Page 899, Deed Records of
Denton County, Texas; and providing an effective date. (Unicorn Lake Area SE
of intersecti on of 1-35 and Windri ver Lane)
D.
Approved an exception to the Noise Ordinance for the purpose of the Apollo
Nights Series on the following Sundays: June 19th, June 26th, July 3rd, July 10th,
July 1 ih, July 24th, and July 31 st from 5:00 p.m. to 10:00 p.m. The event will be
held in the Fred Moore Park. The requestor was specifically asking for an
exception to all dates to allow amplified sound on Sunday.
E.
Approved an exception to the Noise Ordinance for amplified sound for a
fundraising rodeo and musical concert to be held at the North Texas Fairgrounds
on June 18, 2005. The exception was specifically requested to extend the hours
from 10:00 p.m. to 12:00 a.m. for amplified sound.
F.
R2005-019 - A resolution of the City of Denton, Texas, authorizing the City
Manager to participate with the City of Fort Worth in the development and
submission of a grant application under the United States Department of Housing
and Urban Development Lead-Based Paint Hazard Control Grant; establishing
objectives and projected use of funds and a Lead-Based Paint Hazard Control
Program description required by the Housing and Community Development Act
of 1974, as amended and the National Affordable Housing Act of 1990 as
amended and all other applicable laws; providing for an effective date.
G.
First Reading - An ordinance of the City of Denton, Texas, on first reading,
amending Ordinance No. 2003-239 and Ordinance No. 99-094, which granted a
cable television franchise within the City; providing for an extension to the term
of the franchise agreement between Marcus Cable Associates, L.L.C., dba Charter
Communications and the City, providing for acceptance of the extension by
Marcus Cable Associates, L.L.C., dba Charter Communications, providing a
cumulative clause; providing for a savings clause; providing a severability clause;
providing for engrossment and enrollment; and providing an effective date.
H.
2005-140 - An ordinance authorizing the City Manager of the City of Denton,
Texas to execute a Local Participation Advanced Funding Agreement for an off-
system project related to the implementation of the proposed pedestrian
improvements through Unicorn Lake/Sundown Ranch project in the City of
Denton; authorizing the expenditure of funds therefore; and providing an effective
date.
I.
Approved the minutes of:
April 12,2005
April 19,2005
1.
2005-141 - An ordinance of the City of Denton, Texas amending the fiscal year
2004-2005 Budget and Annual Program of Services of the City of Denton to
allow for an adjustment of sixteen thousand dollars ($16,000); declaring an
emergency; approving the amendment of the CY 2005 Hotel Tax funding
City of Denton City Council Minutes
May 24, 2005
Page 8
agreement with the Denton Chamber of Commerce; providing for publication of
this ordinance; and providing an effective date. The HOT Committee
unanimously recommended approval.
K.
2005-142 - An ordinance approving a settlement of a condemnation proceeding
styled City of Denton, Texas v. the M T Cole Trust, et al; pending in the Probate
Court of Denton County, Texas under Cause No. ED-2003-00489, being an
acquisition of an electric utility easement out of a tract ofland owned by the M. T.
Cole Trust Numbers 1,2,3, and 4 just south of the Denton Municipal Airport; and
providing an effective date.
4.
PUBLIC HEARINGS
A.
The Council considered the following regarding Granite Point:
1.
Held a public hearing and considered adoption of an ordinance rezoning
approximately 94.2 acres from an Industrial Center Employment (IC-E)
zoning district to an Industrial Center General (IC-G) zoning district. The
property was generally located at the southwest corner of Metro Road and
1-35 West frontage road intersection. The Planning and Zoning
Commission recommended approval (6-0). (205-0004, Granite Point)
Kelly Carpenter, Director of Planning and Development, stated that the first public hearing was
to rezone the property to an IC-G zoning district to allow a distribution center. The Council had
approved a 380 agreement as an economic incentive for the development of a
manufacturing/distribution/office complex on this location. The second public hearing would
approve the creation of a special sign district. Six signs were currently allowed with fifteen
asked for in the proposal. All signs would be code compliant for height, minimum spacing, etc.
The third proposal dealt with an alternative development plan to deviate from the Development
Plan in the areas of outdoor storage; building orientation and materials; minimum stacking
distances; excess parking; screening from right-of-way view; and street tree requirements.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
David Cunningham, Granite Properties, in favor of the proposal.
The Mayor closed the public hearing.
The following ordinance was considered:
No. 2005-143
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM AN INDUSTRIAL CENTER EMPLOYMENT (IC-E)
ZONING DISTRICT TO AN INDUSTRIAL CENTER GENERAL (IC-G) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
City of Denton City Council Minutes
May 24, 2005
Page 9
94.2 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER
OF METRO ROAD AND INTERSTATE 35 WEST FRONTAGE ROAD, AND
LEGALLY DESCRIBED AS TRACTS 42, 43, AND 48 OF THE O. BREWSTER
SURVEY AND TRACT 4 OF THE T. DAUGHERTY SURVEY IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0004)
McNeill motioned, Mulroy seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
2.
The Council held a public hearing and considered adoption of an
ordinance creating a Special Sign District for the Granite Point
development. The 94.2 acre site was located at the southwest corner of
Metro Road and 1-35 West frontage road intersection. The purpose of the
Special Sign District was to allow signage for a development to deviate
from the requirements of Subchapter 15 of the Development Code relating
to maximum number of ground signs. The Planning and Zoning
Commission recommended approval (6-0). (SDO5-0001, Granite Point)
The following ordinance was considered:
NO. 2005-144
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OVERLAY
DISTRICT AND APPROVING A SPECIAL SIGN DISTRICT PLAN ON AN
APPROXIMATE 94.2 ACRES OF LAND GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF METRO ROAD AND INTERSTATE 35 WEST
FRONTAGE ROAD AND LEGALLY DESCRIBED AS TRACTS 42, 43, AND 48 OF
THE O. BREWSTER SURVEY AND TRACT 4 OF THE T. DAUGHERTY SURVEY
IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
3.
The Council considered adoption of an ordinance concerning an
Alternative Development Plan for approximately 94.2 acres located in an
Industrial Center Employment zoning district. A zoning change for an
Industrial Center General (IC-G) designation had been requested in
association with this application. The proposed site was generally located
at the southwest corner of Metro Road and I-35W intersection. An
office/manufacturing/distribution complex was proposed. The Planning
and Zoning Commission recommended approval with conditions (6-0).
(ADPO5-0002, Granite Point)
City of Denton City Council Minutes
May 24, 2005
Page 10
The following ordinance was considered:
NO. 2005-145
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 94.2 ACRES OF
LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF METRO
ROAD AND INTERSTATE 35 WEST FRONTAGE ROAD, WITHIN AN
INDUSTRIAL CENTER EMPLOYMENT (IC-G) ZONING DISTRICT, AND
LEGALLY DESCRIBED AS TRACTS 42, 43, AND 48 OF THE O. BREWSTER
SURVEY AND TRACT 4 OF THE T. DAUGHERTY SURVEY IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP05-0002)
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
B.
The Council held a public hearing and considered adoption of an ordinance
rezoning Lot 8 of Collins Addition from Neighborhood Residential (NR-3)
zoning district to Neighborhood Residential (NR-6) zoning district. The property
was located approximately 100 feet north of Grace Temple Avenue, to the east of
Fulton Street. The Planning and Zoning Commission recommended approval (4-
2). (205-0001,412 Fulton)
Kelly Carpenter, Director of Planning and Development, presented details of the proposal. The
applicant was requesting to rezone the property to neighborhood residential 6 zoning district in
order to build a duplex on the subject property. The neighborhood residential 3 zoning district,
the current zoning of the property, did not allow for a duplex.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Eric Schmitz, developer - in favor of the proposal.
The Mayor closed the public hearing.
Council discussed the current makeup of the neighborhood and whether or not a duplex on the
site would be appropriate.
The following ordinance was considered:
NO. 2005-146
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING
City of Denton City Council Minutes
May 24, 2005
Page 11
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL 6(NR-6) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR APPROXIMATELY 0.15 ACRES OF LAND GENERALLY
LOCATED APPROXIMATELY 100 FEET NORTH OF GRACE TEMPLE AVENUE,
TO THE EAST OF FULTON STREET AND LEGALLY DESCRIBED AS LOT 8 OF
THE COLLINS ADDITION, AN ADDITION TO CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z05-0001)
McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "nay" and Mayor Brock
"nay". Motion carried with a 5-2 vote.
C.
The Council held a public hearing and considered adoption of an ordinance
amending a Detailed Plan for approximately 7.4 acres within Planned
Development 12 (PD-12) zoning district. The subject property, commonly known
as 4050 South I-35E, was generally located 2,300 feet southeast of State School
Road and I-35E frontage road intersection. A ground sign was proposed. The
Planning and Zoning Commission recommended approval (6-0). (205-0003, Jim
McNatt Honda Dealership)
Kelly Carpenter, Director of Planning and Development, stated that this was an amendment to
the detailed plan for a ground sign proposal. The proposal was for an additional ground sign
similar to the existing sign on-site.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-147
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
ORDINANCES 2004-064, 2001-149, AND 87-084 TO ALLOW AN ADDITIONAL
GROUND SIGN ON LOT 1 BLOCK A OF THE MCNATT ADDITION PHASE 2
WITHIN PLANNED DEVELOPMENT 12 (PD-12) ZONING DISTRICT AND LAND
USE CLASSIFICATION; SAID LOT 1 BLOCK A OF THE MCNATT ADDITION
PHASE 2 CONTAINS APPROXIMATELY 7.4 ACRES; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0003)
City of Denton City Council Minutes
May 24, 2005
Page 12
Mulroy motioned, McNeill seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
5.
ITEMS FOR INDIVIDUAL CONSIDERATION
A.
The Council considered adoption of an ordinance concerning an Alternative
Development Plan for tree canopy coverage for a distribution warehouse on
approximately 30 acres of land located in an Industrial Centers Employment (IC-
E) zoning district. The property, commonly known as 2900 Airport Road, was
generally located west ofI-35 West and north of Airport Road. The Planning and
Zoning Commission recommended denial (5-1). (ADPO5-0001, Anderson
Merchandisers)
Kelly Carpenter, Director of Planning and Development, stated that at the May 3, 2005 council
meeting, Council continued this project to allow additional time for further discussion. The
Planning and Zoning Commission would soon be discussing reducing the current requirement of
20% tree canopy coverage to 15%.
Bob Schneider, 2900 Airport Road, Denton, 76201, spoke in favor of the request.
The following ordinance was considered:
NO. 2005-148
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN ON APPROXIMATELY 30 ACRES OF
LAND GENERALLY LOCATED WEST OF 1-35 WEST AND NORTH OF AIRPORT
ROAD, COMMONL Y KNOWN AS 2900 AIRPORT ROAD, WITHIN AN
INDUSTRIAL CENTERS EMPLOYMENT (IC-E) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF REDUCING
TREE CANOPY COVERAGE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE. (ADP05-0001)
Mulroy motioned, McNeill seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
B.
The Council considered approval of a resolution by the City of Denton, Texas,
approving the eligibility of the structure located at 208 West Oak Street, Denton,
Texas for tax exemption for historically significant sites pursuant to Chapter 10,
Article VII Code of Ordinances of the City of Denton, Texas; authorizing the City
Manager to execute a tax exemption certificate; and declaring an effective date.
The Historic Landmark Commission recommends approval (7-0).
Julie Glover, Historic Preservation Officer, stated that the applicant had applied for a tax
exemption certificate for property located at 208 West Oak Street. The certificate would allow
City of Denton City Council Minutes
May 24, 2005
Page 13
the city to abate increases in the assessed value of historically significant sites for tax purposes as
a result of appropriate repair and renovations. The abatement would freeze the city tax portion
of property taxes at the pre-renovation value for a ten-year period. She reviewed the eligibility
requirements for the abatement.
The following resolution was considered:
NO. R2005-020
A RESOLUTION BY THE CITY OF DENTON, TEXAS, APPROVING THE
ELIGIBILITY OF THE STRUCTURE LOCATED AT 208 WEST OAK STREET,
DENTON, TEXAS FOR TAX EXEMPTION FOR HISTORICALLY SIGNIFICANT
SITES PURSUANT TO CHAPTER 10, ARTICLE VII CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS; AUTHORIZING THE CITY MANAGER TO
EXECUTE A TAX EXEMPTION CERTIFICATE; AND DECLARING AN
EFFECTIVE DATE
Kamp motioned, Thomson seconded to approve the resolution. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
C.
The Council considered approval of a resolution by the City of Denton, Texas,
authorizing the City Manager to sign and submit to the Department of Housing
and Urban Development a 2005-2009 Consolidated Plan for Housing and
Community Development including a 2005 Action Plan with appropriate
certifications, as authorized and required by the Housing and Community
Development Act of 1974, as amended and the National Affordable Housing Act
of 1990, as amended; and providing for an effective date.
Council Member Montgomery left the meeting with a potential conflict of interest.
Barbara Ross, Community Development Administrator, stated that the Consolidated Plan was a
five-year strategy detailing proposed housing, social service and public works projects benefiting
low and moderate-income households and neighborhoods. The annual Action Plan represented
the first year in the five-year strategy. The Human Services revised recommendations were
included in the plan.
Sherri Gideon, representing several social service agencies, expressed a concern regarding the
decrease in funding to agencies over the past several years.
The following resolution was considered:
NO. R2005-021
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT A 2005-2009 CONSOLIDATED PLAN FOR HOUSING
AND COMMUNITY DEVELOPMENT INCLUDING A 2005 ACTION PLAN WITH
City of Denton City Council Minutes
May 24, 2005
Page 14
APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED
AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED;
AND PROVIDING FOR AN EFFECTIVE DATE
Joe motioned, McNeill seconded to approve the resolution as presented. On roll vote, Kamp
"aye", McNeill "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye".
Motion carried unanimously.
Council Member Montgomery returned to the meeting.
D.
The Council considered adoption of an ordinance of the City of Denton, Texas
amending the provisions of Chapter 21 by creating Article III relating to graffiti;
providing for a severability clause; providing a repealer clause; providing a
savings clause; providing for a penalty not to exceed $500 for violations of this
ordinance; and providing for an effective date.
Scott Fletcher, Denton Police Department, stated that the proposed ordinance would require
property owners to abate graffiti, to more effectively eliminate the opportunity for individuals to
engage in graffiti activities and to hold those responsible for graffiti more accountable for their
actions. This would be done in terms of abatement, enforcement, and education.
The following ordinance was considered:
NO. 2005-149
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
PROVISIONS OF CHAPTER 21 BY CREATING ARTICLE III RELATING TO
GRAFFITI; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A
REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
E.
The Council considered adoption of an ordinance of the City of Denton, Texas
amending the provisions of Chapter 20 by creating Article IV entitled
"Environmental Nuisances"; providing for a severability clause; providing a
repealer clause; providing for a savings clause; providing for a penalty not to
exceed $500 for violations of this ordinance; and providing for an effective date.
Lt. Scott Fletcher, Denton Police Department, reviewed the details of the proposed ordinance. It
would require people who own, lease, or occupy property in the City to maintain their property
so that it did not allow the accumulation or ponding of standing, stagnant or non-maintained
water for more than a 48-hour period under normal rain conditions.
City of Denton City Council Minutes
May 24, 2005
Page 15
Ken Banks, Environmental Quality Manager, reviewed the hazards involved with stagnant water
including a source for harboring and breeding of mosquitoes, flies or other pests. It could also
cause foul odors and adversely impact the public health and safety.
The following ordinance was considered:
NO. 2005-150
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
PROVISIONS OF CHAPTER 20 BY CREATING ARTICLE IV ENTITLED
"ENVIRONMENTAL NUISANCES"; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR
VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE
DATE
Thomson motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
F.
The Council considered approval of a resolution of the City of Denton, Texas,
endorsing and advocating a proposed service plan rail route by the Denton County
Transportation Authority that would use the former Union Pacific Railroad Right-
of-Way ("MKT") that runs parallel to 1-35 East between North Carrollton and
Denton, with an ultimate terminus within downtown Denton, and providing an
effective date.
Jon Fortune, Assistant City Manager, reviewed the details of the resolution. The DCTA had
commissioned an alternative analysis study on the approved service. Approval of the proposed
resolution would provide an official position by the City for use of the Union Pacific line
providing service to south Denton and downtown Denton.
Willie Hudspeth, 623 Newton, Denton, 76205, spoke against the alignment of the route.
The following resolution was considered:
NO R2005-022
A RESOLUTION OF THE CITY OF DENTON, TEXAS, ENDORSING AND
ADVOCATING A PROPOSED SERVICE PLAN RAIL ROUTE BY THE DENTON
COUNTY TRANSPORTATION AUTHORITY THAT WOULD USE THE FORMER
UNION PACIFIC RAILROAD RIGHT-OF-WAY ("MKT") THAT RUNS PARALLEL
TO 1-35 EAST BETWEEN NORTH CARROLL TON AND DENTON, WITH AN
ULTIMATE TERMINUS WITHIN DOWNTOWN DENTON, AND PROVIDING AN
EFFECTIVE DATE.
City of Denton City Council Minutes
May 24, 2005
Page 16
Kamp motioned, McNeill seconded to approve the resolution. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
G.
Citizen Reports
1. Review of procedures for addressing the City Council.
2.
Council received citizen reports from the following:
A.
Jordan Hudspeth regarding concerns of Southeast Denton.
Not present at the meeting.
B.
Lanisha Hudspeth regarding concerns of Southeast Denton.
Not present at the meeting.
C.
Hagar Hudspeth regarding concerns of Southeast Denton.
Not present at the meeting.
D.
Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth apologized for his prior behavior before the council. He read passages from the
Bible on good relationships with governmental officials.
H.
New Business
The following items of New Business were suggested for future Council meetings:
1.
Council Member Kamp requested a progress report on dumpsters blocking
sidewalks.
I.
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
3. Clarification of items on the agenda
There were no Items from the Acting City Manager.
1. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting.
K.
Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meetings.
City of Denton City Council Minutes
May 24, 2005
Page 17
With no further business, the meeting was adjourned at 9:23 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE: June 7, 2005
DEPARTMENT: Finance
ACM: Kathy DuBose
SUBJECT
Consider approval of a Resolution nominating a member to the Board of Managers of the
Denco Area 9-1-1 District; and declaring an effective date.
BACKGROUND
The Denco Area 9-1-1 District, created in 1987, is governed by a board of managers.
The board is appointed by the county, participating cities and the Denton County Fire
Chief's Association. Board members serve staggered two-year terms and are eligible for
reappointment. The Emergency Telephone Number Act states:
"the board shall manage, control and administer the district. The board
may adopt rules for the operation of the district. "
On May 15, 2005 Denco Area 9-1-1 sent a memo (attached) requesting nominations to
serve on the Board of Managers. The term of Mayor Olive Stephens, Town of Shady
Shores, expires on September 30, 2005. Mayor Stephens has expressed her desire to
serve another term if appointed.
The current Board of Managers is comprised of the following individuals:
Board Member
Jack Miller, Chair
Mayor Olive Stephens, Vice Chair
Harlan Jefferson, Secretary
Lewis Jue
Chief Lonnie Tatum
Keith Stephens
Appointed By:
Denton County Commissioners Court
Denton County Participating City
Denton County Participating City
Denton County Commissioners Court
Denton County Fire Chiefs Association
Largest Telephone Service Provider Rep.
Term Expires
9/30/2006
9/30/2005
9/30/2006
9/30/2006
9/30/2005
Agenda Information Sheet
June 7, 2005
Page 2
ESTIMA TED SCHEDULE OF PROJECT
Nominations are due to Denco by July 15, 2005. On July 16, 2005 the District will send
copies of nominations to each city for consideration, requesting the city to vote for one of
the nominees. The Denco Board of Managers will count the votes from the responding
cities. The candidate with the most votes will be the municipalities' representative to the
Denco Area 9-1-1 District Board of Managers for the two-year term beginning October 1,
2005.
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
Mayor Stephens has served on the Board since its creation in 1987.
FISCAL INFORMATION
This Resolution has no fiscal impact.
EXHIBITS
Memo from Denco
Resolution
Respectfully submitted:
<- ~ ~.3...
Kathy DuBose
Assistant City Manager
9.1.1
TO:
FROM:
DATE:
RE:
DENCO AREA 9-1-1 DISTRICT
P.O. Box 293058, Lewisville, Texas 75029-3058
Phone/TTY: 972-221-0911 . FAX: 972-420-0709 I Web Page: www.denco.org
Mayors of Cities in Denton County
Mike Pedigo, Executive Director
May 15, 2005
Appointment to the Denco Area 9-1-1 District Board of Managers
Chapter 772, Texas Health and Safety Code, provides for the Denco Area 9-1-1 District Board
of Managers to have" two members appointed jointly by all the participating municipalities
located in whole or part of the district" . The enciosed resolution, approved by the district's board
of managers February 4, 1999, explains the procedure for appointing municipalities'
representative to the board of managers.
Each year the term of one of the two members appointed by participating municipalities expires.
This year, the term of Mayor Olive Stephens expires September 30, 2005. Members are eligible
for consecutive terms, and Mayor Stephens has expressed her desire to serve another term, if
appointed.
In order to coordinate the appointment among 34 participating municipalities, the district
requests the following actions by the governing bodies of each city:
1.
If your city would like to nominate a candidate to represent the municipalities on
the Denco Board of Managers, please send a letter of nomination and/or résumé
of the candidate to the Denco Area 9-1-1 District office. Nominations must reach
the Denco Area 9-1-1 District on or before July 15, 2005. No nominations shall be
considered after that date.
On July 16, 2005, the district will send copies of nominations to each city for
consideration, requesting the city to vote for one of the nominees.
2.
3.
The Denco Board of Managers will count the votes from responding cities. The
candidate with the most votes will be the municipalities' representative to the
Denco Area 9-1-1 District Board of Managers for the two-year term beginning
October 1, 2005.
Please mail nominations and résumés to the Denco Area 9-1-1 District, P.O. Box 293058,
Lewisville, TX 75029-3058.
If you have any questions, please do not hesitate to call me at 972-221-0911.
Thank you for your support of the Denco Area 9-1-1 District.
cc: Denco Area 9-1-1 District Board of Managers
Enclosures
1075 Princeton Street, Lewisville, Texas 75067
S:\Admin\Board of Managers\Board of Managers Generallnformation\City Nominations memo.doc
Council Resolution No.
A RESOLUTION NOMINATING ONE MEMBER TO THE BOARD OF MANAGERS
OF THE DENCO AREA 9-1-1 DISTRICT.
WHEREAS, Section 772, Health and Safety Code, provides that two voting
members of the Board of Managers of an Emergency Communications District shall
be appointed jointly by all cities and towns lying wholly or partly within the District;
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
, TEXAS:
Section 1
The City of hereby nominatès
as a member of the Board of Managers for the Denco Area 9-1-1 Emergency
Communication District.
Section 2
That this resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
,2005.
Mayor
City of
ATTEST:
APPROVED AS TO FORM:
City Secretary
City Attorney
S:\Admin\Board of Managers\Board of Managers Generallnformation\BOM Nomination Resolution.doc
DENCO AREA 9-1-1 DISTRICT
RESOLUTION
DEFINING PROCEDURE FOR APPOINTMENT OF PARTICIPATING
MUNICIPALITIES' REPRESENTATIVE TO THE DISTRICT BOARD OF MANAGERS.
WHEREAS, Chapter 772, Texas Health and Safety Code provides for the Denco Area 9-1-1 District
Board of Managers to have "two members appointed jointly by all the participating municipalities
located in whole or part of the district."; and
WHEREAS, each member serves a term of two years beginning on October 1 5t of the year member is
appointed; and
WHEREAS, one member representing participating municipalities is appointed each year.
NOW, THEREFORE BE IT RESOLVED BY THE DEN CO AREA 9-1-1 DISTRICT BOARD OF
MANAGERS:
The procedure for participating municipalities to appoint a representative to the Denco Area 9-1-1
District Board of Managers shall be the following:
1. Prior to May 15th of each year, the executive director shall send a written notice to the
mayor of each participating municipality advising that nominations are open for one of the
municipal representatives to the Denco Area 9-1-1 District Board of Managers until July
15th of that same year. The notice shall advise the mayors that, for a nomination to be
considered, written notification of council action must be received at the Denco office
prior to 5:00 p.m. on July 15th of that year. No nominations shall be considered after that
time.
2. On July 16th of each year, the executive director shall send written notice to the mayor of
each participating municipality providing the slate of nominees to be considered for
appointment to the Denco Area 9-1-1 District Board of Managers for the term beginning
October 1st. The notice shall advise the mayor that the city council shall vote, by
resolution from such city, for one of the nominees. Written notice of the council's
selection must be received at the district office by 5:00 p.m. on September 15th. No
notice will be accepted after that time.
3. The one nominee with the most votes received by the deadline will be the municipality
representative appointed for the two-year term beginning October 1 st.
4. If there is a tie between two candidates with the most votes, a runoff election will be held
immediately with the candidate receiving the most votes serves the remainder of the
term. The incumbent representative shall serve in that position until replaced.
APPROVED and ADOPTED on this 4th day of February 1999.
Chairman, Board of Managers
Secretary, Board of Managers
S,IO.. Do<um""\Fi,,,aI & MuníoipoJ (Fínan<.)'R=lnti"",\911 nomina" m"",b"'.dÐ<
RESOLUTION NO.
A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE
DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTNE DATE.
WHEREAS, the tenn of office of Mayor Olive Stephens of the Town of Shady Shores, a
member of the Board of Managers of the Denco 9-1-1 District, will expire on September 30,2005;
and
WHEREAS, Section 772.306(c)(2) of the Health and Safety Code (V.A.C.S.) provides that
two voting members of the Board of Managers of an Emergency Communication District shall be
appointed jointly by participating municipalities located in whole or in part in the District; and
WHEREAS, the City of Denton, Texas wishes to nominate a member to said Board; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES:
SECTION 1. That the City of Denton, Texas hereby nominates Mayor Olive Stephens as a
member to the Board of Managers for the Denco Area 9-1-1 Emergency Communication District of
Denton COlU1ty for a two year tenn to commence October 1,2005.
SECTION 2. That this resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: .'
EDWIN M. SNYDER, INTERIM Y ATTORNEY
BY:
S:\OUT DocurnentslFisca¡ & Municipal (Finance)\Reso!utious\911 umninate memb.,.doc
AGENDA INFORMATION SHEET
AGENDA DATE:
June 7, 2005
DEPARTMENT:
Fiscal Operations
ACM:
Kathy DuBose
Ä
SUBJECT
Consider approval of a resolution of the City of Denton, Texas, approving the 2006 Budget of
the Denton Central Appraisal District; and providing an effective date.
BACKGROUND
The Texas Property Tax Code requires taxing jurisdictions to approve or disapprove their
Appraisal District budget within 30 days after its adoption by the Appraisal District's Board of
Directors. The Appraisal District's Board of Directors met on May 26, 2005, to discuss and
adopt the budget. The City's allocation for the Appraisal District's 2006 Budget is included in
the 2005-06 Proposed General Fund budget.
FISCAL INFORMATION
The proposed budget allocation to the City of Denton is $36,070 greater than last year, (2005
allocation = $212,803; 2006 allocation = $248,873). The tax unit allocations are based on a
percentage of each taxing unit's current year levy.
EXHIBITS
"Summary" of Proposed DCAD Budget
Budget Allocations Worksheet
Notice of Public Hearing
Resolution
Respectfully submitted:
;t~/ /J, W~
Diana G. Ortiz
Director of Fiscal Operations
Exhibit A
Summary of Denton Appraisal District 2006 Budget
The Proposed Budget has been reviewed and is summarized below as a quick reference:
- 2006 Proposed Budget for DCAD is $648,566 greater than the prior year or 8.82%.
- The increase in the 2006 Budget was driven primarily by growth in the area served
by the District.
- The increase includes the purchase of a disaster recovery system and acquisition
and operating costs for additional property to expand district facilities.
- Of the total increase, the "Personnel Services" category accounts for the majority of
the overall increase, including $417,128 for salaries and benefits.
- The "Utilities and Maintenance" category also includes an increase of $141,711 for
"Telephone and Building and Ground Maintenance".
- Debt Service also increased by $154,969.
2006 BUDGET ALLOCATIONS WORKSHEET
%OF DENTON OUT OF 2006
2004 TOTAL COUNTY COUNTY BUDGET
JURISDICTIONS TAX LEVY LEVIES CHARGES CHARGES ALLOCATIONS
SCHOOL DISTRICTS:
SO I ARGYLE ISD $11,628,671.44 1.4160% $109,817.01 $109,817.01
SO2 AUBREY ISD $5,234,948.34 0.6375% $49,436.98 $49,436.98
SO5 DENTON ISD $111,690,985.68 13.6007% $1,054,769.68 $1,054,769.68
SO7 KRUM ISD $8,110,622.80 0.9876% $76,593.82 $76,593.82
SOB LAKE DALLAS ISD $18,352,939.72 2.2349% $173,318.59 $173,318.59
SO9 LEWISVILLE ISD $301,632,632.53 36.7300% $2,848,510.59 $2,848,510.59
SIO LITTLE ELM ISD $16,689,505.80 2.0323% $157,609.72 $157,609.72
SII NORTHWESTISD $98,062,250.77 11.9411% $926,064.79 $77,733.00 $1,003,797.79
SI2 PILOT POINTISD $6,712,756.56 0.8174% $63,392.87 $16,102.00 $79,494.87
S 13 PONDER ISD $10,014,567.13 1.2195% $94,573.99 $94,573.99
SI4 SANGER ISD $9,769,569.31 1.1896% $92,260.31 $92,260.31
SCHOOL DISTRICTS TOTALS $597,899,450.09 72.8067% $5,646,348.35 $93,835.00 $5,740,183.35
GO I DENTON COUNTY $91,696,817.12 11.1660% $865,951.91 $865,951.91
CITIES:
C26 CITY OF ARGYLE $1,024,754.97 0.1248% $9,677.42 $9,677.42
COI CITY OF AUBREY $426,314.59 0.0519% $4,025.96 $4,025.96
C31 TOWN OF BARTONVILLE $269,016.14 0.0328% $2,540.49 $2,540.49
C42 TOWN OF CLARK $69,964.13 0.0085% $660.72 $660.72
CO3 CITY OF THE COLONY $12,448,889.30 1.5159% $117,562.85 $117,562.85
CO4 TOWN OF CORINTH $6,721,510.25 0.8185% $63,475.54 $63,475.54
C27 TOWN OF COPPER CANYON $202,671.84 0.0247% $1,913.96 $1,913.96
CO5 CITY OF DENTON $26,353,489.67 3.2091% $248,872.92 $248,872.92
C30 CITY OF DOUBLE OAK $530,275.15 0.0646% $5,007.73 $5,007.73
CO7 CITY OF FLOWER MOUND $22,885,144.91 2.7867% $216,119.12 $216,119.12
C22 TOWN OF HACKBERRY $64,911.67 0.0079% $613.00 $613.00
CI9 TOWN OF HICKORY CREEK $824,349.40 0.1004% $7,784.86 $7,784.86
COg CITY OF HIGHLAND VILLAGE $6,765,768.40 0.8239% $63,893.49 $63,893.49
CO9 CITY OF JUSTIN $607,039.50 0.0739% $5,732.66 $5,732.66
CIS CITY OF KRUGERVILLE $147,145.08 0.0179% $1,389.59 $1,389.59
CIO CITY OF KRUM $470,312.14 0.0573% $4,441.46 $4,441.46
CII CITY OF LAKE DALLAS $1,683,819.18 0.2050% $15,901.39 $15,901.39
C25 TOWN OF LAKEWOOD VILLAGE $105,236.27 0.0128% $993.81 $993.81
CI2 CITY OF LEWISVILLE $23,591,446.06 2.8727% $222,789.17 365.00 $223,154.17
CI3 CITY OF LITTLE ELM $2,843,439.99 0.3462% $26,852.43 $26,852.43
C23 CITY OF MARSHALL CREEK $43,941.59 0.0054% $414.97 $414.97
C33 CITY OF NORTHLAKE $224,144.30 0.0273% $2,116.74 $2,116.74
C24 CITY OF OAK POINT $1,024,267.71 0.1247% $9,672.82 $9,672.82
CI4 CITY OF PILOT POINT $759,331.15 0.0925% $7,170.85 $7,170.85
CI5 CITY OF PONDER $208,389.42 0.0254% $1,967.96 $1,967.96
CI7 CITY OF ROANOKE $2,617,892.26 0.3188% $24,722.44 $24,722.44
C 16 CITY OF SANGER $1,718,167.24 0.2092% $16,225.76 $16,225.76
C34 TOWN OF SHADY SHORES $464,759.92 0.0566% $4,389.03 $4,389.03
C28 CITY OF TROPHY CLUB $2,517,962.23 0.3066% $23,778.73 $23,778.73
CITIES TOTALS $117,614,354.45 14.3220% $1,110,707.87 $365.00 $1,111,072.87
Notice Of Public Hearing On
Denton Central Appraisal District 2006 Budget
The Denton Central Appraisal District will hold a public hearing on a proposed budget for
the 2006 fiscal year. The public hearing will be held on May 26,2004 at 4:00 P.M. at
3911 Morse Street, Denton, Texas.
A summary of the appraisal district budget follows:
The total amount of the proposed budget.
$7,999,907.37
The total amount of increase over the current year's budget.
$ 648,566.08
The number of employees compensated under the proposed budget.
73
The number of employees compensated under the current budget.
71
The appraisal district is supported solely by payments from the local taxing units served
by the appraisal district.
If approved by the appraisal district board of directors at the public hearing, this proposed
budget will take effect automatically unless disapproved by the governing bodies of the
county, school districts, cities and towns served by the appraisal district.
A copy of the proposed budget is available for public inspection in the office of each of
those governing bodies. A copy is also available for public inspection at the appraisal
district office.
Denton Central Appraisal District
3911 Morse
Denton, Texas 76208
(940) 349-3800
ii
S:\Our Documents\Fiscal & Municipal (Finance)\Tax Correspondence\Denton Appraisal District\2006 Den Central Appraisal Dist Budget.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 2006 BUDGET
OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the 2006 proposed budget of the Denton Central Appraisal District was
submitted to the City of Denton on May 26,2005; and
WHEREAS, the proposed budget contains a list showing each proposed position, the
proposed salary for the position, all benefits proposed for the position, each proposed capital
expenditure, and an estimate of the amount of the budget that will be allocated to the City of
Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Council, pursuant to Article 6.06 of the Texas Tax Code,
approves the 2004 proposed budget of the Denton Central Appraisal District.
SECTION 2. That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY:
c¡ MJ-i ~
AGENDA INFORMATION SHEET
AGENDA DATE:
June 7, 2005
Questions concerning this
acquisition may be directed
to Jim Coulter 349-7194
DEPARTMENT:
Materials Management
ACM:
Kathy DuBose
Ä
SUBJECT
Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his
designee to execute a purchase order through the Buy Board Cooperative Purchasing Network
for the acquisition of a McCloskey 628 RE Portable Screen by way of an Interlocal Agreement
with the City of Denton; and providing an effective date (File 3338-Screener for Beneficial
Reuse Division awarded to McCourt and Sons Equipment, Inc. in the amount of $242,676). (The
Public Utility Board approved this item by a vote of 7-0).
FILE INFORMATION
In 1991 the Water Reclamation Division began the composting program. This program involves
the utilization of two troublesome waste streams, wood waste and wastewater biosolids, to
produce a marketable resource. The first three years of the project were focused on the
development of a product that would be appealing to our local market. The division created the
product Dyno Dirt and began distributing the product to other city departments as well as to the
general public. This allowed us to determine issues and concerns about the product prior to
actively marketing the Dyno products. Through this process we were able to develop products
which the community enjoys using and that help support the recycling of these materials.
In March 1997 the Water Reclamation Division began marketing the product to the community.
Compost and wood chips were sold as Dyno Dirt and Dyno Chips. Dyno Dirt sold for
$20.00/cubic yard and Dyno Chips sold for $10.00/cubic yard. During the first year, the
Division sold $19,000 worth of Dyno products. We then determined that there were additional
products that we could produce and that our customers were interested in purchasing. Now, the
Division markets eight Dyno products and sales for the first seven months of FY 2005 are
approximately $203,000.
The Division currently has a Power Screen "trommel screen", which was purchased for $120,000
in 1998. This screener was keeping up with the demand when we were composting 50% of the
biosolids from the plant. About two years ago, we began composting 100% of the biosolids and
the current screener is not capable of keeping up with our present production. We have spent
approximately $126,000 to date on maintenance of the screener including a new engine this past
fall. Continued operation of this screener at this capacity will drive maintenance costs even
higher.
Agenda Information Sheet
June 7, 2005
Page 2
FILE INFORMATION (CONTINUED)
In FY 2001-02, we began looking at ways to make decorative mulch. Periodically, we rented a
coloring machine over a two-year period to produce a brick red and cedar color material. We
investigated purchasing a coloring machine, which at that time would have cost around
$100,000. After spending considerable time researching coloring machines, one of our
employees came up with the idea to shrink-wrap the drum of the power screener and use it as a
way to color the material. We have successfully designed a system to use the power screener to
handle our coloring needs.
The purchase of the additional screener will allow us to keep up with the increased production of
compost for the next 10 years. Retaining the existing trommel power screen will not only allow
us to continue producing our decorative colored much, but will also serve as a back up for
screening products.
PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board approved the purchase of this item at its May 23, 2005 meeting by a
vote of7-0.
RECOMMENDA TION
Award to McCourt & Sons Equipment, Inc. in the amount of $242,676.
PRINCIPAL PLACE OF BUSINESS
McCourt & Sons Equipment, Inc.
Lagrange, TX
ESTIMA TED SCHEDULE OF PROJECT
The screener is in dealer stock and can be delivered within 10 days of receipt of an order.
FISCAL INFORMATION
This item will be funded through a third party lease-purchase agreement approved by Council on
January 18,2005.
Agenda Information Sheet
June 7, 2005
Page 3
Respectfully submitted:
cà~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Quote from Buy Board Cooperative Purchasing Network
l-AIS-File 3338
Attachment 1
The following details shall be provided with any Buy Board purchase order Fax Purchase Order to (800) 211-5454
Buy Board Vendor: McCourt & Sons Equipment Inc.
(Address P.O. to :) P.O. Box 247
La Grange. Texas 78945
Government Agency: Ci1y of Denton
(Sbip To:) 1527 Maybill Rd
Denton TX 76208
Contacts Name: Mike Ellis - Gov. Agency. Phone No. 940-349-7133
Product Description: Mc Closkey 628 RE
I. Buv Board Contract #
Price List
Item 6
II. Base Bid Options (Itemized Below)
* Radial Fines Conveyor Magnet
* Magnet Discharg-e Chute
$ 4,100.00 -
$ 1,200.00 -
Subtotal: $ 5.300.00
Ill. Subtotal of! + II
Buy Board Contract Price:
-
IV. Non -Base Options
NON - BASE -
(Itemized below)
* Freight
Subtotal: $ 4.500.00
$ 4.500.00
Subtotal: $
V. Unpublished Options added to contract price (subtotal of Co. 1 & CO. 2)
VI. Total IV + VI
VII. Quantity Ordered Units: 1 X "E"
IX. TOTAL PURCHASE PRICE INCLUDING VII + VIII
Prepared By:
Vendor Phone: 979-242-5298
Vendor Fax: 979-242-5292
Vendor Toll Free: 888-838-9252
Date Prepared: 4-19-2005
Government Agency: Ci1y of Denton
(Bill to:) 1527 Maybin Rd
Denton TX 76208
G,AFaxNo: 940-566-7303
Base Price $ 232.876.00
$
$
Subtotal:
$
$ 5.300.00
$ 238.176.00
%
$
$ 4500.00
$ 242,676.00
$ 242.676.00
$242,676.00
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD
COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF A MCCLOSKEY
628 RE PORTABLE SCREEN BY WAY OF AN INTERLOCAL AGREEMENT WITH THE
CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3338-SCREENER
FOR BENEFICIAL REUSE DIVISION AWARDED TO MCCOURT AND SONS
EQUIPMENT, INC. IN THE AMOUNT OF $242,676).
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network has solicited, received, and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies, or services in accordance with the procedures of state law on
behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Buy Board Cooperative Purchasing Network programs at less cost than the City
would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items shown in the "File Number" referenced herein and on file in
office of the Purchasing Agent, are hereby accepted and approved as being the lowest
responsible bids for such items:
FILE
NUMBER
VENDOR
AMOUNT
3338
McCourt and Sons Equipment, Inc.
$242,676
SECTION 2. By the acceptance and approval of the items set forth in the referenced file
number, the City accepts the offer of the persons submitting the bids to the Buy Board
Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment,
supplies, or services in accordance with the terms, conditions, specifications, standards,
quantities and for the specified sums contained in the bid documents and related documents filed
with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the
City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the referenced file number wish to enter into a formal written agreement as a result of the
City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City
Manager or his designated representative is hereby authorized to execute the written contract
which shall be attached hereto; provided that the written contract is in accordance with the terms,
conditions, specifications and standards contained in the Proposal submitted to the Buy Board
Cooperative Purchasing Network, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the items set forth in the referenced file
number, the City Council hereby authorizes the expenditure of funds therefor in the amount and
in accordance with the approval purchase orders or pursuant to a written contract made pursuant
thereto as authorized herein
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
~;;RD-Fik 333' '--4~~
CITY OF DENTON, TEXAS
PUBLIC UTILITIES BOARD MEETING MINUTES
MAY 23, 2005
9:00 A. M.
DRAFT
The Public Utilities Board convened its Open Session at 9:00 a.m. The Chair, Charldean
Newell, stated to the Board that there were three Closed Meeting agenda items set forth
in the Closed Meeting agenda and requested a motion to consider the agenda item under
§551.086 of the Texas Government Code. A motion was then made and seconded
respecting the consideration of the items by the Board.
PRESENT:
John Baines, Bob Bland, Bill Cheek, Phil Gallivan, George Hopkins,
Charldean Newell, Dick Smith
EX OFFICIO MEMBERS
Howard Martin, ACM/Utilities
The Public Utilities Board reconvened in an Open Session at 9: 17 a.m. The meeting was
called to order to consider the following business:
CONSENT AGENDA:
1) Consider recommendation of approval to the City Council regarding the purchase by
the City of Denton, Texas regarding certain easements and improvements, consisting
of a 0.630 acre Permanent Utility Easement; a 0.779 acre Temporary Construction,
Grading, and Access Easement; and a Ground Sign along US. Highway Loop 288
frontage of a 22.276 acre tract owned by Foxworth-Galbraith Lumber Company, in
the M. E. P. & P. R R. Survey, Abstract Number 927, Denton County, Texas, by the
City of Denton Water & Wastewater Utilities; said purchases being for the purpose of
utility relocations in conjunction with the future widening ofU S. Highway Loop
288.
2) Consider and recommend the purchase of a "McCloskey 628 RE Portable Screen"
from McCourt & Sons Equipment, Inc. through an agreement with the Buy Board
Cooperative Purchasing Network in the amount of $242,676.
Board Member George Hopkins moved to approve Consent Agenda Items #1 and
#2, with a second from Board Member Phil Gallivan. The motion was approved by
a vote of 7-0.
AGENDA INFORMATION SHEET
AGENDA DATE:
June 7, 2005
CM/DCM/ A CM:
Airport and Transportation Operations
Jon Fortune, Assistant City Manager ft
DEPARTMENT:
SUBJECT
Consider the adoption of an ordinance of the City of Denton, Texas approving the Addendum A
to the Interlocal Cooperation Agreement between the City of Denton and the Denton County
Transportation Authority providing Link operations funding for fiscal year 2004-2005; and
providing an effective date.
BACKGROUND
In September 2004 the City of Denton and the Denton County Transportation Authority entered
into an Interlocal Cooperation Agreement (ICA), Ordinance 2004-245, for the provision of
public transportation services in Denton using the LINK System. This agreement with DCT A
provided a funding mechanism for the operational and maintenance costs of the LINK System,
as established, for FY 2005. The ICA between DCTA and the City of Denton calls for the
DCT A to contract the professional transportation services and infrastructure currently in place
with LINK to provide service until DCT A can further establish the role as the public
transportation provider for Denton County. The agreement is a one-year agreement with the
anticipation that the DCTA will purchase the entire LINK system and operate it independently
beginning October 1, 2005 as outlined in the DCTA Service Plan.
The City of Denton, as a Designated Recipient, received two Vehicle Capital Replacement
Grants (VCR) for the acquisition of Type III Demand Response vehicles through the Texas
Department of Transportation (TxDOT). DCTA and LINK staff anticipated that once DCTA
received Designated Recipient status, the grants could be assigned to DCTA from the City of
Denton. TxDOT informed staff that provisions of the grant agreement would not allow the grant
to be assigned. Provisions were not drawn into the original ICA to allow for unanticipated
capital costs. Therefore any additional expenditure for capital equipment not identified in the
September 2004 agreement requires approval of the Denton City Council and the approval of the
DCT A Board of Directors.
The proposed addendum will provide a mechanism for DCTA to provide the City of Denton
initial funding so that the City may award a bid for the vehicles and proceed with the needed
fleet acquisition. The City will apply to TxDOT for grant reimbursement for the expenditure of
local funds and reimburse DCT A of eligible funds.
RECOMMENDA TION:
DCTA Board has approved the proposed Addendum A. DCTA and city staff recommends
approval.
PRIOR ACTIONIREVIEW:
The DCT A Staff and Legal Counsel have reviewed and approved the proposed Addendum A.
The City Attorney and City Staff have reviewed and approved the proposed Addendum A.
FISCAL INFORMATION:
The City should have no fiscal impact. The City of Denton will invoice DCT A for the full cost
of the vehicles upon bid award. The City of Denton will submit for reimbursement to TxDOT
for the TxDOT match portion. Upon receipt of reimbursement by TxDOT, the City will
reimburse DCT A for funds applied to the proposed fleet acquisitions.
EXHIBITS
Ordinance
Amendment
Original Interlocal Agreement
Respectfully submitted:
¥J~~
Mark Nelson
Director of Airport and Transportation
S:\Our Documents\Ordinances\O5\VCR Grant Ordinance.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING ADDENDUM A TO
THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON
AND THE DENTON COUNTY TRANSPORTATION AUTHORITY PROVIDING LINK
OPERATIONS FUNDING FOR FISCAL YEAR 2004-2005; AND PROVIDING AN
EFFECTNE DATE.
WHEREAS, on about September 7, 2004, the City of Denton, Texas (hereinafter the
"CITY") entered into an Interlocal Cooperation Agreement with the Denton County
Transportation Authority (hereinafter the "AUTHORITY") which authorized the AUTHORITY
to appropriate funds to the CITY for the provision of public transportation services under the
tenus and conditions currently existing for the operation of LINK, pursuant to an existing
contract between the CITY and McDonald Transit (hereinafter the "INTERLOCAL
AGREEMENT"); and
WHEREAS, the CITY has received or expects to receive a Vehicle Capital Replacement
Grant ("VCR") under those certain State/Local Urban Public Transportation Agreements dated
July 26, 2004 and September 30, 2004 (hereinafter called "grant agreements") with the State of
Texas, acting through the Texas Department of Transportation (hereinafter called, "STATE");
and
WHEREAS, both the CITY and the AUTHORITY recognize that two (2) demand
response vehicles are needed to increase the LINK's fleet to provide additional demand response
service; and
WHEREAS, both the CITY and the AUTHORITY agree that the INTERLOCAL
AGREEMENT needs to be amended to provide for the acquisition of these vehicles; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance
are incorporated herein by reference.
SECTION 2. The Mayor, or in her absence, the Mayor Pro Tern, is hereby authorized to
execute Addendwn A to the INTERLOCAL AGREEMENT on behalf of the CITY.
SECTION 3. The City Manager, or his designee, is authorized to execute any other
documents on behalf of the CITY necessary to implement Addendum A to the INTERLOCAL
AGREEMENT on behalf of the CITY.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
S:\OUT Documents\Ordinances\O5\VCR Grant Ordinance.doc
PASSED AND APPROVED this the
day of
, 2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY;
APPROVED AS TO LEGAL FORM::
EDWIN M. SNYDER, INTERII\1 CITY ATTORNEY
BY:
~~/
Page 2 of2
ADDENDUM A TO THAT CERTAIN tNTERLOCAL COOPERATION AGREEMENT
BY AND BETWEEN DENTON COUNTY TRANSPORTATION AUTHORITY AND
THE CITY OF DENTON, TEXASt DATED EFFECTIVE OcrOBER 1, 1004
This Amœdment, AddenduJn A to fuat certain Jnterloca1 Cooperation Agreement, by and
between the City ofDImton. Texas, a TexllB municipal corporation (hereinafter the i4CITT') and
the Denton County Transportation Au1hority {hCleinaitcr "AUTHOlUTY". each orpnizcd and
existing under the laws of the State of Tex~ and acting by, tbrough and under the authority of
, iheh" existÎIlg governing: bodies and officials entered into pursuant to the ~Inœrloca1 Cooperation
Ac4" Chapta 791 of the TEx. GOV'! CoDE (the "Act") effective October 1, 2004 (herein
refcmx! to as the "IN1".BRLOCAL AGRRBMBNT); and
PREAMBLE
WBEREASJ in accord with the INTERLOCAL AGRBBMHNT, the CITY and
AUTHORITY are governmental entities !bat each have t11c sta1utory authority to peñOIm the
services set forth in 1he INTBRLOCAL AORBBMBNT, and who desire to Amend thß
lNTBRLOCAL AGR.EBMBN1' as - forth in Addendum A. to purchase two E1 Dorado Type m
Vehicles for Demand Rcspoñse Service (hcrcina.fter referred to as "demand response vehicles'")
for the Denton Transit System (hereinafter referred to as '"LINK""); and
WHEREAS. the paying party. will make all necessary payments herein out of available
current nwenues available to the paying party and aU payments made by it win fcirty compensate
the pc:rfomùng party for the services provided herein; and
WBEREASt the CITY has received or expeot& to rœeive e Vc;hiclc Capital Rcpiacement
Grant ("'Va") under tbcie oertam. StatelLooal Urban Public Transportation Agreements dated
July 26. 2004 and September 30, 2004 (heœù1aftcr referred to as "gnmt agrecrœ.nti') with the
State of T~, a,çting tbrougb tho Texas Department of Transportation (hett:inafter "TxDOT');
and
WHEREAS, both the CITY and the AUTHORITY recognize these dcmmð response
vehicles are needed to increase LINK's fleet to provide addiâODal dem1ltJd teSp<>DSe service; and
WHEREAS. bo1h the CITY and the AtJTHORITY agree that the 1NTERLOCAL
AGREEMENT pursuant to AItiQle ¡S therein. should be amended to provide fOt the acquisition
ofthesc demand responscvehicla; NOW. THEREFORE.
SECTION t. The CITY and the AUTHORITY, for and in consideration of1he pro1'Disœ
mac1c and the mutual cov=rumts set forth in this Addcndum~ and pursuant 10 the authority grant~
by the govemmi bodies of each ofth.c parnes. do hereby agree to amend the mbsecüons $,2.1&
and 6.1.2 of the JNTERLOCAL AGRBBMBN'I'. Subsection 5.2.18 is ame4ded by addblg new
language, as follows:
"5.2.18 Provide ncccsaary office space, office ftuniturc. equipment. materials,
fuels. supplies. rolling steele. bus maintenance and storage facilities, ñ1eling
station and fuc1h1g attendant. computer hardware and software. radios, penon-to-
pmen communication devices (Natel Phones), fam c:onection equiPJnCJl1. fleet
maintenance equip:U1(\D,t. and other .necessary and appropriate equipment which
may 'be required to provide: the IJNK. 5tlIVice. The current equipment,. incIuding
bIW:S being operated and maintained through the McDona1cl Tnnsit A¡rcemcat
and the demand response vehicles pt11'œasc:d hereunder should be adequate to
provide the LINK Service.
If additional equipm~ including bu5cs, are rcquUed to provide the lJNK
Service, the CITY wîl1 ]lOtify 1he AUrHORlTY of $UCh need to puæbase same.
in wñ.ich case tlw purchasœ shall be made in acoOId with applicable purchasing
l&w &1d the AUTHORITY', purchasing poUcy and agreement:. If a pmchasc is
approved. the budget will bo amended to reflect the purchUt; uD1ess it is a. Íoinor
purchase. Any pmcbue of $),000.00 or less is a minor purc;hase and m&y be
approved by the AUTHORTl'Y's Executive Director. witho'Dt prior Board
appro\7al
The AUTIiORrrY and tM cm hereby ~e that two (2) demand ~se
vehicles arc D.OOeS!my and ¡qmrotniate to 9fOvide !he LINK. Service and that the
~hase of the (temand J'eS!lonso vehicles bas or win be made in accordance will
all Q~ñcabrç laws inc1U4ingthe AUTJ"UR1TY'~ ØUIclwinltpaliëv.
The CITY and the AUTHORITY a2l'ce that the ~]i~itation and awird. of bids fqr
the dl'!mRTuj leS!'OJlS8 vddcles baa been nerfonued in ~cordance with all
aptIlicable laws. incTndi'n! t\!1 Federal Transit AdministratiGU lFtA) and TxDOT
;c::~~~~n:ft)r o~~~~~~ ~~ :
the CITY and Ibc receipt q,f an þwoicc ftom 1ha low bidder. the CITY will in~ce
the AU'JJlORITY for the fu11 cost of tite demand ~ vehicles. J:b(
~ORITY will tbeo :mnit Mymcnt to tb" low bidder and invoiçe tho Çiji
for the VC8,. grant portion of the dJ'm~1!d reSÐOnBe vehicle purchase. ~ r;;¡;
oftbe dam~ t'eSþODSð VêIrlçJcs fuma the low bidder. and the verifiCBtion that the
AUI'HQRITY has g the ñJlll)UIÇhase ¡lùce for the vðhic1cs. the CrrY ~1
timclv submit an invoice t2. TxDOT for mm:hursement of the VCR mmt ,
Uoon rece¡pt of the VCR. ~t funds from TxDQT. the crrx win remit tbe ~
= =~~::'~OD ":::=.: ~~~~ ¡=~~~ ~
~~ ~=~U:b~~C;:e ~~d~~~~Md ~
:fbU¡U ä'll ~ adminillfnlÛØ1 reoWemcnts and close out moëedureB for the vCR
m'aD.t in accordæ1ce with the grant al!reementB and that. criY and the
AUTHORITY wilt ioinUy uetition the rIA and TxDOT to allow the ~f-er "9f
title to the AtITHORlTY. Subj~ to IW'ro'lal bv 'boh TxDOT ~ the FT;.. 9f
the transfer of tide and all ojher ~ectB of this mmnt'.tiO1) in accordance with the
....0«£ ._nor...."""",.......
Page2of4
mnt ureements. tho CITY win transfer titJe of the demand r~c n.hicles to
the AUIHORrrY at no ~.il
The AUTHORITY has bud1i!ete4 . total of S133.500 for the =. of the
derrumd JUþœUIð vebiclœ. Tho budmñ. attached to the .ocAE
AG:RRRrvrRN"r as Exhibit B and düscuslSCd in ~scWqn ~.3 thendn W111 be
amended to refIoot this ~ndment and win be ~~!'.he:d to thiS A~dendnm~
the INTERLOQAL AGR.BBMEN'1: and b~e a. ~ of same @ I if in~
herein by reference-
SECTION 1. SUbseation 6.1.2 of the INTER1..OCAL AGRBBMBNT is he:réby 8tocndc:d
to read as follows:
"6.1.2 Provide:funding for the purchase of necessary additional equipmetlt W supplies
as provided for in Section ~ 5 .2.18.»
SEC11ON 3. That save and «coept as amended hereby. aU the other terms and conditions
contained in the INTBRLOCAL AGRBBMENr shaU remain in 1ù11 force and effect.
IN WITNESS WHEREOF. the City of Denton. Texas has caused fuis Addendum A. an
tmm1dment to the INTER.LOCAL AGREEMEN'r to be executed .În. two (1.) original
eow1crparts, by it& duly..au.thorized and empowered Mayor and. 1ho Denton County
Trmportation Authority has caused tbis Agrønent to be executed by its duly-authorized and
empowered officer to be eífeotiv'e as of the day of
200S.
CI'lY OF DENTON. TEXAS
BY:
EULINB BROCK. MA. Y OR
ATTEST:
mNNIPER. WALTERS. CITY SECRETARY'
BY: u
'l7mi. \lSP)JJ) I ~~1000'0Ø60S
Page 3 of4
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER. INTERJM CITY AITORNEY ... .
BY:_74hJð~
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APPROVED AS TO LEGAL FORM:
RIDER SCOTT, GBNBRAL COUNSBL
" .
BY:
, ,
msS6.usnI 3t44lO1~
DBNTON COUNTY TRANSIT
AUTHORrrY
BY: .
~ge4of4
ExhIbit B
Capital Budget
Federal Share Local Share Total Cost
I!WO Replacement
Vehicles $106,800 $26.700 $133.500
S ;\Our Documen\s\Ordinanœ!\04\Inleflocal-DCT A-20Q4..2005 Funding.doc
ORDINANCE NO. .;( tJo/-~ L/ !J
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON
COUNTY TRANSPORTATION AUTHORITY PROVIDING LINK. OPERATIONS
FUNDING FOR FISCAL YEAR 2004-2005; AND PROVIDING AN EFFECTNE DATE.
WHEREAS, the Denton County Transportation Authority (the "Authority") at an election
held on November 5, 2002 was dilly confirmed as a transit authority pursuant to Chapter 460 of
the Texas Transportation Code; and
WHEREAS, a sales and use tax levy was authorized by and for the benefit of the
Authority at an election held on September 13, 2003 within the municipal limits of the City of
Denton; and
WHEREAS, the City of Denton and the Authority desire to enter into an Intcrlocal
Cooperation Agreement to provide for LINK. transit funding to the City for Fiscal Year 2004-
2005 in substantially the same form as the InterlocaI Cooperation Agreement attached to and
made a part of this ordinance by reference (the "Interlocal Agreement'); and
WHEREAS, the Interlocal Agreement serves valid public purposes and is in the public
interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The Mayor, or her designee, is hereby authorized to execute the Interlocal
Agreement on behalf of the City of Denton.
SECTION 3. The City Manager, or his designee, is authorized to execute any other
documents on behalf of the City necessary to implement the Interlocal Agreement on behalf of
the City.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ..1fI1.... day of ~ 2004.
~~
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BYrlKf~ ¿)~-J~
AP OVED AS TO LEGAL FORM:
HERBERT L. PROUfY, CITY ATIORNEY
BY:
Page 2
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INTERLOCAL COOPERA nON AGREEMENT
TI-IIS AGREEMENT is made and entered into by and between the CITY OF
DENTON, TEXAS, a Texas Municipal Corporation (hereinafter the "CITY") and THE
DENTON COUNTY TRANSPORTATION AUTHORITY, (hereinafter the
"AUTHORJTY"), each organized and existing under the Jaws of the State of Texas, and
acting by, thmugh and under the authority of their respective govel11ing bodies and
officials in accordance with the "lnterlocal Cooperatlon Act", Chapter 791 of the TEXAS
GOVERNMENT CODE (the "Act"); and
PREAMBLE
WHEREAS, the CITY and the AUTHORITY are local govemmental entities that
each have the statutory authority to perfOTI11 the services set forth in this Agreement, and
who desire to enter into an interlocal cooperation agreement to maximize the benefits to
the citizens of the CITY and the constituents of the AUTHORlTY; and
WHEREAS, tl1e paying party will make all payments for services out of available
cun-cnt revenues available to the paying party and all payments made by it hereunder will
fairly compensate performing party for the services provided herein; and
WHEREAS, the AUTHORITY at an election held on November 5, 2002 was duly
and legally confirmed as a transportation authority pursuant to Chapter 460, Texas
Transportation Code (the "Code"); and
WHEREAS, the CITY is a municipality participating in the AUTHORITY and
the residents of the City did cast a majority of votes in favor of the authorizatJon of tax
levy by the AUTHORITY on September 13, 2003; and
WHEREAS, the AUTHORITY has pursuant to §460.103, TEXAS
TRANSPORTATION CODE those powers necessary and convenient for the purpose of
providing public transportation and transportation-related services and the power to
contract with a municipality for purposes consistent with and beneficial to the Service
Plan ofthe AUTHORITY pursuant to §460.104 id.; and
WHEREAS, the provision of public transportation by the City through the Denton
Transit System ("LINK") is consistent with the AUTHORITY's Service Plan; and
WHEREAS, it is the intent of the CITY and the AUTHORITY for the
AUTHORITY to provide public transportation services that are the same or similar to the
LJJ\l}( during the fiscal year 2004-2005, ( October 1,2004 through September 30,2005);
and
WHEREAS, the Act authorizes the CITY and the AUTHORITY to enter into this
Agreement for the purpose of achieving the governmental functions provided for herein
by this collective, cooperative undertaking; and
INTERLOCAL COOPERATION AGREEMENT
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WHEREAS, the AUTHORITY agrees to fund and the CITY agrees to provide
publìc transportation services, as defined herein from October 1, 2004 through September
30,2005;
NOW THEREFORE, the CITY and the AUTHORITY, for and in consideration
of the premises and the mutual covenants set forth in this Agreement, and pursuant to the
authorìty granted by the governìng bodies of each of the parties hereto, do hereby agree
as follows:
ARTICLE I
INCORPORATION OF PREAMBLES
All matters and recitations stated in the Preamble to this Agreement are true and
correct and are hereby incorporated by reference into the provisions of this Agreement as
an expression of intent and as an aid to construction.
ARTICLE 2
PURPOSES OF AGREEMENT
The purpose of this Agreement is to authorize the Authority to appropriate funds
to the CITY for the provision of public transportation services under the terms and
conditions currently existing for operation of LJl'.rK, pursuant to an existing contract
between the CITY and a transportation service provider, McDonald Transit, wmch is
defined under Article 5 as the McDonald Transit Agreement.
ARTICLE 3
TERM OF AGREEMENT
The Agreement shall be effective as of the effective date set forth below and shall
continue in full force and effect until an event of termination as provided in Article 4.
ARTICLE 4
TERMINATION OF THE AGREEMENT
This Agreement tenninates upon the first to occur of the following events:
A.
By mutual written agreement ofthe CITY and AUTHORITY; or
B.
11:59 p.m. (Central Time), September 30,2005.
INTERLOCAL COOPERATION AGREEMENT
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ARTICLE 5
UNDERTAKING OF THE CITY
5.0 The CITY shall provide public bus service within the Lll\TK service area ("LINK
Service") pursuant to the contract between McDonald Transit and the CITY dated April,
2002, and as amended on Julle 15, 2004, which is incorporated herein by reference (the
"McDonald Transit Agreemenf'). The LI1\TK Service includes:
5.0.1 On campus bus service provided to the University of North Texas
("UNT") students and faculty pursuant to an agreement dated June 15, 2004 (the "UNT
Campus Agreement")
5.0.2 Off campus LINK Service provided 10 UNT students and faculty pursuant
to an agreement dated August 17, 2004 (the UNT Campus Agreement and UNT Off-
Campus Agreement are collectively called the "UNT Agreements").
5.0.3 Off campus LINK service provided to Texas Woman's University
("TWU") students and faculty pursuant to an agreement dated August 17, 2004 (the
"TWO Agreement").
5.04 The current level of service for the LINK Service includes the fixed routes
set fOJill in the map and schedules attached hereto and made a part hereof as Exhibit "A",
including the services provided for under the UNT Agreement, TWU Agreement, and the
caB and demand services provided for in the McDonald Transit Agreement (the "Cunent
Level of Service").
5.1 The CITY will be responsible for the provision and operation of the LINK
Service, and for providing consultation and recommendations to the AUTHORITY's
Board in all areas of public transportation concerning the LIl\TK Service. The LINK
Service will be subject to the reasonable supervision and review by the AUTHORITY.
5.2 The operational, management and supervisory services to be furnished by the
CITY include the following:
5.2.1. Provide for the management and operation of the LINK Service.
5.2.2 Provide a full-time, qualified, and experienced executive who will serve as
the general manager of the LI}.,fK Service. This is currently provided
through the McDonald Transit Agreement.
5.2.3
Provide qualified transit operators, maintenance, and supervisory
personnel; including recruitment, as necessary.
5.2.4 Provide monitoring and evaluation of all LI1\TK operations, systems, and
procedures.
INTERLOCAL COOPERATION AGREEMENT
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5.2.5
Maintain intel11al finance and budgeting procedures necessary to account
for the cost of the LINK Service and approve as complete the monthly
invoices sent by McDonald Transit Associates to the AUTHORITY for
payment of management fees and operating expenses.
5.2.5.1 The invoice must include total management fees and LINK Service
operating expenses, less farebox revenue retained by McDonald
Transit Associates, to determine the amount payable by the
AUTHORITY. The invoice must document the amount of fees and
expenses that are FT A reimbursable expenses. The AUTHORITY will
provide an invoice to the CITY for the FTA rcimbmsable amount on :l
monthly basis. The CITY has a duty to request reimbursement from
the FTA each month and submitting that reimbursement to the
AUTHORITY within three (3) days of receipt of funds from the FTA
orreceipt of an invoice from the AUTHORITY, whichever is sooner.
5.2.6 Maintain intemal grant administration procedures necessary to apply for,
request reimbursement of, and provide monthly reports regarding Federal
Transit Administration grant funds.
5.2.7
Provide for safety, loss prevention, and adequate insurance coverage
during the contract period. The City 'will maintain any existing insurance
coverage through purchased policies or risk pool participation. The
AUTHORITY is to be added as an additional insured under such policies.
5.2.8
Provide and maintain bus schedules and routing.
5.2.9
Provide transit sig¡.1age and shelter installation.
5.2.10 Provide customer relations and promotion.
5.2.11 Provide for accounting and purchasing services.
5.2.12 Collect and accurately report farebox revenue,
5.2.13 Maintain employee relations, including the selection and training of transit
employees through the McDonald Transit Agreement
5.2.14 Provide for the administration of service contracts.
5.2.15 Provide monthly operational infonnation and statistics for AUTHORITY
Board meetings involving the L1J\TK Service.
5.2.16 Through the McDonald Transit Agreement provide all maintenance
including preventive maintenance on all Lll\TK Service vehicles owned or
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operated. Preventive maintenance indudes tires, fluid changes, and other
services recognized by the vehicle manufacturer as preventive.
5.2.17 Upon request, provide the AUTHORITY with specific transportation
related studies or projections re1atcd to the LINK Service.
5.2.18
Provide necessary office space, office ful11iture, equipment, materials,
fuels, supplies, roHing stock, bus maintenance and storage facihties,
fueling station and fueling attendant, computer hardware and software,
radios person to person communication devices (Nexte1 Phones), fare
coJlcclioll equipment, fleet maintenance equipment, and otllcr necessary
and appropriate equipment which may be required to provide the LINK
Service. The current equipment, incJuding buses being operated and
maintained through the McDonald Transit Agreement should be adequate
to provide the Ll1\TK Service.
However, if additional equipment, including buses are required to provide
the LINK Service, the CITY will notify the AUTHORITY of such need to
purchase same, in which case the purchases shall be made in accord with
applicable purchasing law and the AUTHORlTY's purchasing policy and
agreement. If a purchase is approved, the budget wiH be amended to
reflect the purchase, unless it is a minor purchase. Any purchase of
$5000.00 or less is a minor purchase and may be approved by the
AUTHORITY's Executive Director, without prior Board approva1.
5.3 Attached hereto and made a part hereof by reference as Exhibit "B" is the
proposed budget for which the CITY agrees to provide the LINK Service beginning
October 1. 2004 and ending September 30, 2005 (the "Budget"). The Budget was
reviewed and approved by the AUTHORITY's Board on July 22, 2004. The Budget
includes services to be provided under the UNT Agreements. The revenues received
:&0111 UNT under the UNT Agreement reimburses the actual cost of such service.
During the term of this Agreement should it appear that funding of the LINK
Service should be increased to provide adequate service, the CITY will notify the
AUTHORITY of the need for such increase and submit a request for additional funding.
Should the AUTHORITY fail to approve the additional funding, the CITY shall have the
right to decrease the level of service to meet the Budget.
5.4 The UNT Agreements and TWU Agreement are hereby assigned by the CITY to
the AUTHORITY along with the right to receive the revenues therefrom. The
AUTHORITY hereby contracts with the CITY to provide the services pursuant to the
UNT Agreements and T\VU Agreements. The CITY will provide such services through
the McDonald Transit Agreement.
INTERLOCAL CO OPERA TlON AGREEMENT
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ARTICLE 6
UNDERTAKING OF THE AUTHORITY
6.1 The AUTHORITY's primary responsibility under this Agreement is to provide
funding to the CITY for the LINK Service. In that regard, the AUTHORITY shall:
6.1.1
No later than 1:\.vo business days after receiving an approved monthly
jnvoice for each 111onth during the tel1n of this Agreement, the
AUTHORITY will pay to McDonald Transit directly the management fee
for the current month and LINK Services operating expenses for the
prcccJing month, as delincated in the ~JcDonald Transit Agreement.
6.1.2
Provide funding for the purchase of necessary additional equipment and
supplies as provided for in Section 5.2.17.
6.2 The AUTHORITY, after receiving a recommendation from the CITY, will be
responsible for overall policy development, including service levels. However, the
CulTent Level of Service will not be decreased without the consent of the City, unless a
particular route or level of service incurs a material economic change due to decrease in
ridership or other conditions that did not exist as of the Effective Date of this Agreement.
In that case the AUTHORITY wil1 confer with the CITY before decreasing the Current
Level of Service. For service level increases or decreases of less than 10% of individual
route or total system revenue miles or hours, the Executive Director or his designee and
the City Manager or his designee may approve such adjustments without Board and City
Council approval.
6.3 All routes, stops, and expansions or reductions of service shall be planned and
approved by the AUTHORITY, with consultation by the CITY. The AUTHORITY
hereby initially approves the current routes, stops and services provided by the LINK
Service.
6.4 After receiving input from the CITY, the AUTHORITY will establish the fare
policy and structure of the LINK Service. The AUTHORITY hereby initially approves
the current fare policy and structure of the LINK Service.
6.5 All LI1\TK Service farebox revenues will be accounted for and audited by the
CITY and credited to the AUTHORITY on the monthly invoice. The revenue will be
applied by the CITY to operating expenses on the invoice, as specified in Section 5.2.5.
Should there be a net operating deficit, after receiving a recommendation from the CITY,
the Authority will consider the level of subsidies required to off-set such deficit.
6.6 The AUTHORITY wil1 be the designated recipient for all grant funds received by
or eligible to be received for LINK Service.
6.7 Within 180 days after the Effective Date of this Agreement, the AUTHORITY
and CITY will detennine a reasonable method to reimburse the CITY for the amount of
INTERLOCAL COOPERATION AGREE\1ENT
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depreciation of LINK buses, equipment, and other physical assets for the 2004-2005
fiscal year based on local share. Thereafter, this Agreement may be amended by the
p31iies or another agreement entered into to provide for such reimbursement.
ARTICLE 7
USE OF FUNDS
AND
MArnTENANCEOFRECORDS
CITY agrees to maintain records that wi11 provide accurate, cuJTE':nt, and complete
disclosure of the status of the funds received lmder this Agreement and with any other
applicable Federal and State regulations establishing standards for financial management.
CITY's record system shall contain sufficient documentation to provide full support and
justification for all expenditures made by CITY at all reasonable times. In providing the
LI1\T}( Service the CITY shall comply with all applicable state and federal laws and
regulations.
ARTICLE 8
HOLD HARMLESS
Only to the extent allowed by the Constitution and statutes of the State of Texas,
and without waiving any immunity or limitation as to liability, the CITY agrees to and
shall indemnify and hold harmless the AUTHORITY, its officials, officers, agents,
employees, or attorneys from and against any and all claims, losses, damages, causes of
action, suits, and liabilities of every kind, including all expenses of litigation, court costs,
and attorney's fees, for injury or death of any person, or for damages to any property;
real, personal, or intellectual, arising out of or in cormection with the operation of CITY's
LINK Service, where the injury or death or damage is caused by the negligence of the
CITY, its officials, officers, agents, employees, or attorneys.
ARTICLE 9
GOOD FAITH 1\TEGOTIA TION AND DISPUTE RESOLUTION
Whenever a dispute or disagreement arises under the tenns of this Agreement, the
parties agree to enter into good faith negotiations to resolve such disputes. If the matter
continues to remain unresolved after good faith negotiations by the parties, then the
matter shall be referred to outside mediation. TIlls provision is mandatory, arises under
the provisions of §791.015 of the Act, and shall be a condition precedent to the filing of
any litigation by either or both parties hereto.
INTERLOCAL COOPERATION AGREEMENT
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AR TICLE 10
ASSIGNABILITY /CONSENT
Except as othelwise provided herein, or except as may be hereafter detennined by
the parties, no party to this Agreement may sel1, assign, or transfer its interest in this
Agreement, or any of its right, duties, or obligations hereunder, without the prior written
consent of the other party. However, whenever the consent or the approval of a party is
required herein, such party shall not unreasonably withhold, delay, or deny such consent
or approvaL
ARTICLE 11
NOTICE
Any notice given by one party to the other in connection with this Agreement
shall be in writing and shall be by personal delivery or fax; or shaH be sent by registered
mail or certified mail; or shall be sent by u.S. Mail, rerum receipt requested, postage
prepaid; to:
CITY:
AUTHORITY:
Jon Fortune
Assistant City Manager
City of Denton, Texas
215 East McKinney
Denton, Texas 76201
Fax No. 940.349.8596
John Hedrick
Executive Director
Denton County Transportation Authority
Brookhollow North
1660 South Stemmons, Suite 250
Lewisville, Texas 75067
Fax No.972.221.4601
Notice shall be deemed to have been received on the date of receipt as shown on the
return receipt or other written evidence of receipt.
ARTICLE 12
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition,
limitation herein contained shall be valid unless in writing and duly executed by the party
to be charged therewith. No evidence of any waiver or modification shall be offered or
received in evidence in any proceeding arising between the parties hereto out of or
affecting this Agreement, or the rights or obligations of the parties hereunder, unless such
waiver or modification is in writing, duly executed. The parties further agree that the
provisions of this Article will not be waived unless as herein set forth.
INTERLOCAL COOPERATION AGREEMENT
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ARTICLE 13
SAVINGS/SEVERABILITY
In the event that anyone or more of the provisions hereof contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceabiljty shall not effect the other
provisions, and the Agreement sha11 be construed as if such invalid, illegal, or
unenforceable provision had never been contained in th1s Agreement.
ARTICLE 14
GOVERNING LAW AND VENUE
This Agreemcnt shall be construed under and governed by, and in accordance
with the laws of the State of Texas, and all obligations of the parties hereto, created by
this Agreement are perf 01111 able in Denton County, Texas. Venue of any suit or cause of
action under this Agreement shall lie exclusively in Denton County, Texas.
ARTICLE 15
ENTIRE AGREEMENT
This Agreement and any exhibits which may be attached hereto, constitutes the
entire agreement among the parties hereto with respect to the funding of CITY's LINK
Service, and supersedes any prior understandings or written or oral agreements between
the parties with respect to that function. No amendment, modification, cancellation or
alteration of the tenns of this Agreement shall be binding on any party hereto unless the
same is in writing, dated subsequent to the date hereof, and is duly authorized and
executed by the parties hereto.
ARTICLE 16
WANER OF TERMS AND CONDITIONS
The failure of either party to enforce or insist upon compliance with any of the
ten11S or conditions of this Agreement shall not constitute a general waiver or
relinquishment of any such tenns or conditions, but the same shall be and remain at all
times in full force and effect.
ARTICLE 17
AUTHORITY OF PARTIES
This Agreement is made by and entered into by the duly authorized officials of
each respective governmental entity.
INTERLOCAL COOPERATION AGREEMENT
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ARTICLE 18
CAPTIONS
The captions contained in this Agreement are for infOlmational purposes only and
shall not in any way affect the substantive tenns or conditions of this Agreement.
ARTICLE 19
COUNTERP ARTS
This Agrccl1lcnllllay bc executed in an)' number of counterparts, each of which shaH be
deemed an original, and constitute one and the same instrument.
IN WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be
executed in two (2) original counterparts, by its duly-authorized and empowered Mayor;
and the Denton County Transportation Authority has caused this Agreement to I be
executed)y its duly-authorized and empowered officer to be effective as of the '7!1I
day of ~"¿Jtæ/} LWA / ,2004.
I
CITY OF DENTON, TEXAS
¿~M
By:
EULl1\1E BROCK, MAYOR
ATTEST:
APP OVED AS T9 LEGAL F RM:
HERBERT L);'R6UTY, err, ATTORNEY
/<-' Þ.
---¡'é. ~ -
By: 'I~(
DENTON COUNTY TRANSIT AUTHORITY
By:
CH
N
11--UERLOCAL COOPERATION AGREEMENT
Page 10 of 12
852015 v. 3 (Final version 9/2/04)
)
)
DENTON COUNTY TRANSPORT AnON
AUTHORITY
ATTEST:
JASON-fIERCE, SECRET ATIT V. C¿i.r;t.¡'V
By:
~~o-.~
APPROVED AS TO LEGAL PORM:
RIDER SCOTT, GENE L COUNSEL
By:
INTERLOCAL COOPERATION AGREEMENT
Page 11 of12
8520]5 v.3 (Final version 912104)
)
')
McDonald Transit hereby consents to the terms of this Agreement including the
assignment of rights pursuant to Aliic1e 5 and funding the LINK Services by the
AUTHORITY under Section 6.1. The McDona1d Transit Agreement is hereby amended
to the extent of any conflict or inconsistency and this Agreement shall prevail.
By:
Date:
f-¿~-ot
Consent fa assignment of UNT Agreements to the AUTHORITY:
UNIVERSITY OF NORTH TEXAS
By: / L/ç;:ß~ /
Phillip C. Diebel
Vice President for Finance and
Business Affairs
~øy
Date:
Consent to assignment ofTWU Agreement to the AUTHORITY:
TEXAS WOMAN'S UNIVERSITY
BY Br&~ 010//
Vice President for Finance & Administration
/pl /11
Date:
INTERLOCAL COOPERATION AGREEMENT
Page 12 of 12
852015~. 3 (Final version 9/2104)
, 1
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')
Exhibit A
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CITY OF DENTON TRANSIT SYSTEM
1//7
LJ.C&ND
.-.m- =Route 1 stops
--ði-- =Route 2 stops
~ =Route 3 stops
~ =Route 4 stops
0 . =Route 5 stops
~ =Route 6 stops
-t;,- =Route 7 stops
...ø- =Route 8 stops
c::::::::J =City Buildings
- =TWU Buildings
- =UNT Buildings
c::::::::J =Pa rks & Green Space
- =Hospitals
[===:J =Other points of interest
Route 5: 8ell Avenue
WI.....
.......
..'"
," """'LlO".,','
,.. ..,..t.w".w,.
,"" 'm'" ".oem'.'
w-
'M""
how
"" .....toLl"',,'"
,IS ...........-.0"".
," ."_Ll.""""
Route 2: Colorado/loop 288
Route 6: University Pro West
W'"",
,......
....
," _"'LI"""'"
,.. ...'... .,- ....- ......'
,00 -..".....,..
-
,"'...
....
," -...".......,
,.. -.....-
"" onto.. Lln .......
Route !: East McKinney
,---- -_co, ,.. -- --- ----~ ~---~ -~
¡ 'J'1,IÚ'}'D-J:~4~JJ.j21ir":
,. . '. .---. .'.
w~-
,..,...
"..
,00 -...".........
"' .."...""",
:30 uri- Wil ...,.,
-
.......
00..
... ....... ".. .....,
... ....... .....
:DO ....... LI.. "...
Route 4: Northeast Penton
Route 8: UNf/Penla Park
OIl.....
.......
....
'"" -...".........
'IS _rto"........,.~ ........
"._........,."
-
.......
....
"" _u........
,"-..,..--
:30 ......."..".....
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Welcome aboard LINK!
lINK ii- the} Ot)' of Da-ntcn's publi.c trOf1iporta1ìÙr1
~c-r,,'içl}, QPorotod by SPAN. We -s'rl...e to m{ k~
Yol.lr rido 0:5 romforrob!-o os pO'islbkt. Th¡~
brQ<:htJrct providei the- map and schedule for
P:-ourc ¡ I$O~1h,;:;'c.~tl, A ful,I-Cú;;:¡( ~)'~tem ,nap w'ld
guidçlinc$ for riding ma roUf1d in {lur System '",op
&. Ride Gv¡ð" brochure.
If you h"'o'Q ony qV95tio!\"S or need Oislsfc-l'ICe, ask
your operator, or coli the- LINK custolllE'r 5e-",¡ce
offkc 01 566-UNK (S~65].
FIXED ROJIJE;'~ES'
, '.'.
. .,'
- ,
Adults (,~~ I ,~) , ,
$11"!g1.jrip , .
10otflpoPøs5 '
:20otrlp PD$S . '.
Monthly pens. (unllmlt~ rr p$)
Child,.n
ó~ 18 yea"
under 6 yeon (mIA' k ~,
by' 0 fØrt-pøY'"ng pØ~' .', .
$0.75
$7.00
S13.00 .
$28.00
$0.50
Free'
'.
SeRlo-ralllens &Pets'M With o;tòbtUtiM
M~. cord 01' photo '0 fhcrJ œm",Je¡
09..60'" 0' òfsot;);liry ~ reqc.ired. .. .
single kip,-
1 Q..trip pass -
2()..ftip POD ""
NøI.!IIly poss (1MIim¡~d 'rips)
$0.35
$).50
$ (¡..5(I
$14.00
rtonshin ~ rðUln "Ft~
If .. t¡ MCfllar)' to coMeð 10 ( 1'IC'Ifhf.;;OiAl!!
tOo c:ompr.te your trip.. requ$s-1 0 tram-fer tltp
from drlvttr when bocrdil15J ~ flu.. rOlAe.
)
')
How TO USE THE DJAt-A-RIDE SERVICE
,sl!!ve-ra1 oreo~ of the dry teo s)'ttGm route mop)
me- se-rved by L1NK'~ Dio I-A-Ridt;t iervi<:l3. This
~ero'ice is des.ignod to conned thoslJ outlying areas
10 t~ fixed Foote ~Y5tom by providing s.ervlce
be-tween any (ld¿rQ~$ in the Oiol-A-Ride servka
are-a to rhe nearest blJ$ stop. To sch.xfule ( ríde.
call 56ó.UNK at least 2 hovn in od...once of too bu~
you wh}, 10 cold!. ß,c prepared to indicate your
pkk-up kicotioo and rct1Jm trip time if needEt<:!. Yoo
....,¡II be piduxl up and doelivorod to the ne{Jre~t bus
~top in time te çat<:h tho fixed rO\Jte ~rvice. There i~
no addilionol çhorge for this $Clrvice.
~..'~"
¡
I ;
<)1
..\(}A..IEOE.iAUEA
T DlNU)().. 735. 29S9
'HI \'0 .dl~ of d~nl on.4:om
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MONDAY - FRIDAY
Departure Arrival
.......... ..... ......
Dallas Or. Teasley Ln.@ Willow
Link @Famiy Lillian Sp<ing$ Link
Cent....' Doct"'" Mille, Wal-Mart @TwC Cenl..,
CL 1 2 3 . CL
8.m. '
6:30 6:34 6:38 6:45 6:53 7:00
7:30 7:34 7:38 . 7:45 7:S3 8:00
8:30 8:34 8:38 8:45 8:53 9:00
9:30 9:34 9:38 9:45 9:53 10:00
10:30 10:34 10:38 . 10:45 10:53 11:00
11:30 11:34 11:38 11:45 11:53 12:00
p.m.
12:30 12:34 12:38 12:45 12:53 1:00
1:30 1:34 1:38 1:45 1:53 2:00
2:30 2:34 2:38 2:45 2:53 3:00
3:30 3:34 3:38 3:45 3:53 4:00
4:30 4:34 4:38 4:45 4:53 5:00
5:30 5:34 5:38 5:45 5:53 6:00
6:30 6:34 6:38 6:45 6:53 7:00
7:30 7:34 7:38 7:45 7:53 8:00
SATURDAY
Departure Arrival
..... .. .. ..... ....
Da\l.. Or. Teas'ey Ln.@ WillQw
lmk @Family u~"'" Spnngs L>r.k
Cawa' Doc"", Mil'.. Wal-Man @TWC Cent..'
CL 1 2 3 . Cl
8.m.
9:30 9:34 9:38 9:45 9:S3 10:00
10:30 10:34 10:38 10:45 10:53 11:00
11:30 11:34 11:38 11:45 11:53 12:00
p.m. ,
12:30 12:34 12:38 12:45 12:53 1:00
1:30 1:34 1:38 1:45 1:53 ~:OO
2:30 2:34 2:38 2:45 2:53 3:00
3:30 3:34 3:38 3:45 3:53 4:00
4:30 4:34 4:38 4:45 4:53 5:00
5:30 5:34 5:38 5'45 5:53 6:00
')
)
ROUTE 2:
COLORADO/LOOP 288
MONDAY - FRIDAY
Departure ' Arrival
...... ............. ....... ..
Den"'" 'SarI Jacinto
\.ink Robe","", Morse@ Golden Regi""al: liSeN"" \.ink
Cenlral @Cook Woodtow Triangle Mall Hospi"'l; ROM Central
CL 1 2 3 4 ' 5 CL
a.m.
6;30 6:34 6:38 6:40 6:46 , 6:53 7:00
7;30 7:34 7:38 7:40 7:46 7:53 8.00
8;30 8:34 8:38 8:40 8:46 8;53 9:00
9;30 9:34 9:38 9:40 9:46 , 9:53 10:00
10:30 10:34 10:38 10;40 10:46 10:53 11:00
11:30 11;34 11:38 11:40 11:46 11:53 12:00
p.m.
12:30 12;34 12:38 12;40 12:46 ' 12:53 1:00
1;30 1:34 1:38 1:40 1:46 1:53 2;00
2:30 2:34 2:38 2:40 2:46 2:53 3:00
3;30 3:34 3:38 3:40 3:46 , 3:53 4:00
4;30 4:34 4:38 4:40 4:46 4:53 5;00
5;30 5:34 5:38 5:40 5:46 5:53 6;00
6:30 6:34 6:38 6:40 6;46 6:53 7:00
7;30 7:34 7:38 7:40 7:45 7:53 8:00
SATURDAY
Departure , Arrival
..
Oenlon ; San Jacinto
Link Robertsoo Morse@ GokIen R<9i",al: @Sorvice Link
C€t\"al @Cook Woo<I",w Triongle Mal Hoopilal, Road Co"tral
CL 1 2 3 . 5 CL
a.m.
9:30 9:34 9:38 9:40 9:46 ' 9:53 10:00
10:30 10;34 10:38 10;40 10:46; 10:53 11:00
11:30 11:34 11:38 11:40 11:46 11;53 12:00
p.m.
12:30 12:34 12:38 12:40 12:46 12:53 1;00
1:30 1:34 1:38 1:40 1:46: 1;53 2;00
2:30 2:34 2:38 2:40 2:46 ' 2:53 3:00
3:30 3:34 3:38 3:40 3:46 3;53 4;00
4:30 4:34 4:38 4:40 4:46 4:53 5:00
5:30 5:34 5:38 5:40 5:46 5:53 6;00
, I
)
)
MONDAY - FRIDAY
Departure Arrival
.... ..... .....
McKim",y@
Link Applecreek Mo"e @ Cardinal Lonk
Ceo!",1 MLK CoOt.' AptS Sally's @Onole Cen"al
CL , 2 3 4 CL
a.m.
8:00 6:10 6:11 6:15 6:20 6:30
7:00 7:10 7:11 7:1S 7:20 7:30
8:00 8:10 6:11 8;15 6;20 8;30
9:00 9:10 9:11 9:15 9:20 9:30
10;00 10:10 10:11 10:15 : 10:20 10:30
11;00 11;104 11:11 11:15 11;20 11:30
p.m,
12:00 12:10 12:11 12:15 12:20 12:30
1:00 1;10 1:11 1:15 1:20 1:30
2:00 2:10 2;11 2:15 2:20 2:30
3:00 3:10 3;11 3:15 3:20 3:30
4;00 4:10 4:11 4;15 4:20 4:30
5;00 5:10 5:11 5:15 5:20 5:30
6:00 6:10 6:11 6;15 6:20 6;30
7:00 7:10 7:11 7;15 7;20 7;30
SATURDAY
Departure
McKio""y@
Liok Applecfeek M""'.@ CO",in.1 Link
Con".1 MLK Cent. Ap!S SOlly's @Ooole Con"al
CL 2 3 CL
a.m.
9:00 9:04 9:11 9;15 9:20 9:30
10:00 10:04 10;11 10:15 10:20 10:30
11:00 11;04 11;11 11:15 11;20 11:30
p.m.
12:00 12:04 12;11 12:15 12:20 12:30
1:00 1:04 1:11 1:15 1:20 1:30
2:00 2:04 2;11 2:15 2;20 2:30
3:00 3:04 3;11 3:15 3;20 3:30
4:00 4;04 4;11 4:15 4:20 4:30
5:00 5:04 5:11 5:15 5:20 5:30
, (
')
)
MONDAY - FRIDAY
Departure Arrival
OIdNortI1
Link Wood @ Mulkey@ Ruddell@ Rood@ F'¡¡lsley@ link
Contral McKinney OaU,.. Unlva","Y Mislywood Ruddell C<otral
CL 3 4 CL
a.m::
6:00 6:04 6:08 6:12 6:19 6:22 6:30
7:00 7:04 7:08 7:12 7:19 7:22 7.30
8;00 8:04 8:08 8:12 8:19 8:22 8:30
9:00 9:04 9:08 9:12 9:19 9:22 9:30
10:00 10;04 10:0B 10:12 10:19 10:22 10:30
11:00 11;04 11:oB 11 :12 11:19 11:22 11:30
p:m:.
12:00 12:04 12:0B 12:30
1:00 1:04 1:08 1:19 1:22 1:30
2:00 2:04 2:08 2:12 2:19 2:22 2:30
3:00 3:04 3:08 3:12 3:19 3:22 3;30
4:00 4:04 4:08 4:12 4:19 4:22 4:30
5:00 5:04 5:08 5:12 5:19 5:22 5:30
6;00 6:04 6:08 6:12 6:19 6:22 6:30
7:00 7:04 7:08 7:12 7:19 7:22 7:30
SATURDAY
Departure Arrival
~~ ..
OdNorth
Unk Wood @ Mulkey@ Rudda"@ Rood@ Paisley @ link
CentraJ McKIMey Oak Tr.. Un"ar~ry MlslyWood Ruaoell c;"ntral
CL 1 2 3 . 5 CL
a.m.
9:00 9:04 9:oB 9:12 9:19 9:22 9:30
10:00 10:04 10:08 10:12 10:19 10:22 10.30
11:00 11:04 11:08 11:12 11:19 11:22 11:30
p.m.
12:00 12:04 12:08 12:12 12:19 12:22 12:30
1:00 1:04 1:0B 1:12 1:19 1:22 1:30
2:00 2:04 2:08 2:12 2:19 2:22 2:30
3:00 3:04 3:oB 3:12 3:19 3:22 3:30
4:00 4:04 4:0B 4:12 4:19 4:22 4:30
5:00 5:04 5:08 5:12 5:19 5:22 5:30
, I
')
)
MONDAY - FRIDAY
Departure Arrival
Link Locust @ FalimeadOw @ Hercule.@ Bell D l;nk
CenlOlI Peach O"'denv;o.w Stuart Peat" Central
CL
8.m.
.....
6:00
7:00 7:05 7:08 7:23
8:00 8:05 8:08 8:15 8:23 8:30
9:00 9:05 9:08 9:15 9:23 9:30
10:00 10:05 10:00 10:15 10:23 10:30
11:00 11:05 11:00 11:23 11:30
p.m. , ,.
12:00 12:05 12:00 12:23 12:30
1:00 1:05 1:08 1:15 1:23 1:30
2:00 2:05 2:08 2:15 2:23 2:30
3:00 3:05 3:08 3:15 3:23 3:30
4:00 4:05 4:08 4:15 4:23 4:30
5:00 5:05 5:08 5:15 5:23 5:30
6:00 6:05 6:08 6:15 6:23 6:30
7:00 7:05 7:08 7:15 7:23 7:30
SATURDAY
Departure Arrival
linK Locust D FaJmeaoow@ Hercules @ Bell@ lonk
Genua) Peach G""'.nview Slnan Peace Centra¡
GL 1 2 3 . CL
a.m.
9:00 9:05 9:08 9:15 9:19 9:30
10:00 10:05 10:08 10:15 . 10:19 10:30
11:00 11:05 11:08 11:15 11:19 11:30
p.m.
..
12:00 12:05 12:08 12:15 12:19 12:30
1:00 1:05 1:08 1:15 1:19 1:30
2:00 2:05 2:08 2;15 2:19 2:30
3:00 3:05 3:08 3:15 3:19 3:30
4;00 4:05 4:08 4:15 4:19 4:30
5;00 5:05 5:08 5:15 , 5:19 5:30
)
')
ROUTE 6:
UNIVERSITY DRIVE
WEST
MONDAY - FRIDAY
Departure Arrival
Link Oakland Un¡..e"'~' Uni..""ty Unk
Central CO Third @Allc. 0 AI". CenVilI
CL CL
a.m:' .. "
".
6:30 6:34 6:36 6:53 7:00
7:30 7:34 7:38 7:42 7:53 8:00
8:30 8:34 8:38 8:42 8:49 8:53 9:00
9:30 9:34 9:38 9:42 9:49 9:53 10;00
10;30 10:34 10:38 10:42 10:49 10:53 11:00
11:30 11:34 11:38 11:42 11:49 11:53 12:00
p.m.
12:30 12:34 12:38 12:42 12:49 12:53 1:00
1:30 1:34 1:38 1:42 1:49 1:53 2:00
2:30 2:34 2:38 2:42 2:49 2:53 3:00
3:30 3:34 3:38 3:42 3:49 3:53 4:00
4:30 4:34 4:38 4:42 4:49 4:53 5:00
5:30 5:34 5:38 5:42 5:49 5:53 6:00
6:30 6:34 6:38 6:42 6:49 6:53 7;00
7:30 7:34 7:36 7:42 7:49 7:53 8:00
SATURDAY
Departure Arrival
Link Oakland Umve",¡y Malar>e@ Un"""""" Un"'e",ity link
Central @TIlird @ All"" SPAN @K-Mart @Alice Central
Cl CL
8.m.
9:30 9:34 9:38 9:42 9:49 9:53 10:00
10:30 10;34 10:38 10:42 10:49 10:53 11:00
11:30 11;34 11;38 11:42 11:49 11:53 12:00
p.m.: . ... '." ... ..
12:30 12:34 12:38 12:42 12:49 12:53 1:00
1:30 1:34 1:38 1:42 1:49 1:53 2:00
2:30 2:34 2:38 2:42 2:49 2:53 3:00
3:30 3:34 3:38 3:42 3:49 3:53 4:00
4:30 4:34 4:38 4:42 4:49 4:53 5:00
5:30 S:34 5:38 5:42 5:49 5:53 6:00
"
)
)
MONDAY - FRIDAY
Departure Arrival
....
Link GaUl OaUI SCrip~u.. @ ...",kOJy @ Link
ee"'fal Fulton B..dley MHMR AYenue C COm,al
Cl 1 2 3 . Cl
a.m,
6:30 6:34 6:38 6:43 6:49 7:00
7:30 7:34 7:38 7:43 7:49 8:00
8:30 8:34 8:38 8:43 8:49 9:00
9:30 9:34 9:38 9:43 9:49 10:00
10:30 10:34 10:38 10:43 10:49 11:00
11:30 11:34 11:38 11:43 11:49 12:00
p.m.
12:30 12:34 12:38 12:43 12:49 1:00
1:30 1:34 1:38 1:43 1:49 2:00
2:30 2:34 2:38 2:43 2:49 3:00
3:30 3:34 3:38 3:43 : 3:49 4:00
4:30 4:34 4:38 4:43 4:49 5:00
5:30 5:34 5:38 5:43 5:49 6:00
6:30 6:34 6:38 6:43 6:49 7:00
7:30 7:34 7:38 7:43 7:49 8:00
SATURDAY
Departure Arrival
Link Ûak@ Oak@ S<:riptu,"@ H""OI'@ Link
Central Fu~on BlaOley MHMR Avenue C Centr'l
Cl 1 2 3 . Cl
a.m.
9:30 9:34 9:38 9:43 9:49 10:00
\0:30 10:34 10:38 10:43 10:49 11:00
11:30 11:34 11:38 11:43 11:49 12:00
p.m.
12:30 12:34 12:38 12:43 12:49 1:00
1:30 1:34 1;38 1:43 1:49 2:00
2:30 2:34 2:38 2:43 2:49 3:00
3:30 3:34 3:38 3:43 3:49 4:00
4:30 4:34 4:38 4:43 4:49 5:00
5:30 5:34 5:38 5:43 . 5:49 6:00
.,
)
)
Departure
MONDAY - FRIDAY
...
lit1l<
Gem"l
UNT
Student
Union
.......... ....
MeC@
saok 'n
save
OMio Rec 'MoQ"miok
Coo"" : @ Eagle
2
3
Arrival
.....
..
CL
Link
Cen~.1
4
CL
f lli t);iE~¿k ~1t¥R"iJl~~ ~~~~è ,g:i~iÇi~~:lli£~~.tI ..
6:00 6:06 6:08 6:15 6:19 6:30
7:00 7:06 7:08 7:15 7:23 7:30
B:OO
9:00
10:00
11:00
8:06
9:06
10:06
10:08
11:08
8:08
9:08
8:15
9:15
8:23
9:23
8:30
9:30
11:06
10:15
11:15
10:23
11:23
10:30
11:30
:Ïf: ~~ ~ if ¡~ ~ 13L~2 t~~~J}WtfJ 55@: ~J: [:ffi:E ~ in
12:00
1:00
2:00
3:00
4:00
5:00
6:00
7:00
SATURDAY
12:06
1:06
12:08
1:08
12:15
1:15
2:08
3:08
2:15
3:15
12:23
1:23
12:30
1:30
2:23
3:23
2:30
3:30
2:06
3:06
4:06
5:06
6:06
7:06
4:08
5:08
4:15 . 4:23
5:15 5:23
6:15 6:23
7:15 . 7:23
4:30
5:30
6:30
7:30
Departure Arrival
.... ... moo ..... ....
UNT AveC 0
link Sludeni Sack 'n Denio Roc McConn~k link
Ceo~.1 Uni"" save Cenler @Eogle Central
CL 1 2 3 . Cl
~.'1,~íiJ'§È7';¡jfÆ~1;f!:~í£ïJ~7f.I¿:£~f¿ij;~wÆ~r.3\L"_.' ..
9:00 9:06 9:08 9:15 9:19 9:30
10:00 10:06 10:08 10:15 10:19 10:30
11:00 11:06 11:08 11:15 11:19 11:30
~: S i-{~~rri;:;)'[E:,~T~~1@J~tåB%11~~~1~ tW:K~ F ¡.. ":
12:00 12:06 12:08 12:15 12:19 12:30
1:00 1:06 1:08 1:15 1:19 1:30
2:00 2:06 2:08 2:15 2:19 2:30
3:00 3:08 3:08 3:15 3:19 3:30
4:00 4:06 4:08 4:15 4:19 4:30
5:00 5:06 5:08 5:15 5:19 5:30
6:08
7:0B
" ," ,
)
)
Exhibit B
DcV4
Denton CountJ' Transportatìoll Authority
DATE: 7/22/04
Board of Directors
Subject; Proposed FYOS Local Tnmsì1 Sen'ice Budgets
...............-.,...................
BACKGROUND
The DCli\. will become the funding agent for transponnlion services to member cities on
October I, 2004. As the funding agent, DCTA w¡]I be responsible for determining the
level and type of service to be performed in each of these cities. At the July 22,2004,
meeting, the Board wm consider maintaining the current service levels as of October 1,
2004.
IDENTIFIED NEED(~~
The citics of Denton and Lewisville have submitted their proposed FY05 operaIions
budgets to continue the current level of service in their respective service areas. Below
are a summary ohhe costs for service and a description of those services.
I ADA
¡
Çily (!f Denton -_fiNK .
Type of . I Admin! . I -
S. ! 0 h d Operations Mamtenance
eTVlce J ver ea ;
LINK .-¡ $64,750 r- S761,950-!
I
---"~;~';~921275
I -
-co. "., . I",.:'
TotalL1NK "';'..,:$~~;:180" $954,225
. Total
Qpe:rations
I
$211,496 L__~92,736_00 ! $1,130,932
$52,8741 $23,184.00
j
Fuel
$168,287
I
$289,763 ¡
--I
. $1,420,695 j
51,407,792 !
- ¡
, $2,828A~
UNT Shuttle
5935,993 ¡
$264;370.
$303,512
$115,920
Tòtal; '. .-I.~. ,..."',,$86:180. '..'" $1,890,218
SerVices., ,"
.', -
$567,88g. -. $284,207
-.---
. 8 local routes
. 16,300 hours of Jocal service
. 38>°00 hours ofl.JNT service
. 200~OOO passenger boardings for local service
. 1,000,000 passenger hoardings for liNT service
. $75,875 in farebox revenues
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Proposed FY05 Local Transit Service Budget Requests
Board of Directors - July 22, 2004
Page 2
The FYO4 cost for Denton's LINK and ADA service was $1,237>656. The proposed
FYO5 budget is an increase of 15%. This is due to the fe-negotiated contract with the
operations contractor, which included increased rent and utility costs. In addition, the
operations contractor has assumed a new responsibility for maintenance functions and
included costs to hire maintenance personnel and equipment.
LINK wm provide the same level of service on its fixed route and complementary ADA
services in FyaS as were provided in FYO4. The UNT contract has increased about 8,000
hours) with a corresponding increase in the contract amount. lJ1\TT compensates the City
of Denton for the fully aUocated cost of the service provided.
City o!'Lewisville - Dial~a-Ride (DAR)
Admin!
Overhead Operations Maintenance
Fuel
'.:: ;:'~.;~~r~!]~~.:;;,¡
.-:; :.~:~j1;t~3~'"
$62,129
$334,430
$51,800
$22,872
. 9,800 hours ofservice
. Service provided to cit1es of Corinth, Double Oak., Flower Mound, Hickory Creek
and Highland Village
. 24,300 passenger hoardings
. $12,000 in farebox revenues
The FYO4 budget for LewisviUe's service was $393,144. The proposed FYO5 budget is
an increase of20%. The contract for the current service provider expired and the City of
LewisviJ1e initiated a competitive procurement to provide transit services. The selected
proposer and contract costs will be considered by the City Council in July. The proposed
FYO5 budget assumes ratification of the contract \vith the selected proposer.
FINANCIAL IMPACT
Following is a table detailing the financial impact to DCTA. including Federal funding,
OCT A local share and other sources of funding for the costs of service provided:
r-r.INK~AD A I'arcbox Fcdcra] Othcr* DCTA Share Total
. $1,407,792.00 I $
$ 63,875 $ 678,410.00 678,410.00 $2,828,487
DAn. $ 12,000 S 276~349.35 j $ 65,760_07 $ 117,121.58 $ 471,231 I
Total $ 75,875 S 954,759.35! SlA73,552.Q7 s 861,291.58 $3,299,718
"'Includes UNT and TWU for the City of Denton; Includes local share from non-member
cities receiving service for the City of Lcwisville
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Proposed FYO5 Local Transit Service Budget Requests
Board of Directors - July 22~ 2004
Page 3
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HISTORlCAL REVIEW
The Transition Committee reviewed the proposed local transit service budgets on July 9,
2004) and requested the cities make a formal presentation of theír budget to the full
Board.
RECQMMENDA TION
It is recommended the Board consider approval of the proposed FYO5 operations budgets
for local transit service.
Res~ctfully so. bm?1' ttedj ¡ ..-f. ".
fry) 1 ~
~UD, .
.,;// Jolril' O. Hedrick
/
~'Executive Director
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AGENDA INFORMATION SHEET
AGENDA DATE:
June 7, 2005
DEPARTMENT:
Electric Utility
Howard Martin, Utilities 349-8232 ~
ACM:
SUBJECT
Consider recommending approval of a First Amendment to Professional Services Agreement
with Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C., Austin, Texas, in an amount not to
exceed $84,000, for legal services required to complete hearings before the PUC of Texas for the
Denton Municipal Electric (DME) Transmission Cost of Service (TCOS) filing.
BACKGROUND
On January 18,2005 Ordinance 2005-019 was enacted by the Council, approving a Professional
Services Agreement with Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C. for legal
services pertaining to representation ofDME before the PUCT in connection with the DME
TCOS filing. That Agreement was estimated to cover the cost of preparing the filing package
and negotiating a settlement with the PUCT staff. On October 25,2004, DME made its 2003
TCOS filing with the PUCT requesting an increase from the City's current TCOS annual
payment of $995,000 to an annual payment of$3,995,195. The $2,960,185 increase is necessary
to recover DME' s additional investment in transmission facilities and to incorporate updated
transmission plant records that more accurately reflect the actual DME plant in service in DME' s
TCOS.
The PUCT staff accepted all of the data DME presented to support its requested TCOS increase
except for the method used to determine the cost of debt associated with the construction of
DME's transmission facilities. DME utilized the actual costs associated with the portion of
utility bonds that were issued to pay for DME transmission projects. The PUCT staff is
advocating the use of a method that allocates cost of debt by using a ratio based upon the DME
fixed asset value divided by the fixed asset value of all utility assets. They then apply that ratio
to the total cost of all utility debt. Due to the high capital costs of facilities such as a water plant
as compared to a DME transmission project, the PUCT staff method incorrectly allocates
excessive debt costs to other City utilities. Therefore, preventing DME from recovering its full
cost of transmission service from other entities in Texas that benefit from DME's transmission
system.
Because of this issue, DME and the PUCT staff were unable to reach a settlement on a TCOS
rate for DME, which caused the process to move to the next step, a formal hearing. Legal
support during the hearing process was not included in the scope of the initial Agreement for this
filing. The cost of legal support for the hearings will be recovered by DME through a surcharge
that will be placed on the final DME TCOS rate.
OPTIONS
None. Legal support is required to continue and complete the PUCT filing process.
RECOMMENDA TION
DME recommends approval of the First Amendment to Professional Services Agreement with
Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C.
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
The initial legal support Professional Services Agreement with the firm of Lloyd, Gosselink,
Blevins, Rochelle & Townsend, P.C., Austin, Texas, for the TCOS filing was approved by the
PUB and the City Council (Ordinance No. 2005-019).
FISCAL INFORMATION
Cost not to exceed $84,000.
PRIOR ACTIONIREVIEW
The Public Utilities Board approved this item at their May 23, 2005 meeting by a vote of7-0.
EXHIBITS
1. Ordinance
2. First Amendment to Professional Services Agreement
3. PUB Minutes
Respectfully submitted,
~al~~
Sharon Mays
Director of EI ectri c Utility
ORDINANCE NO. 2005-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO AGREEMENT FOR
PROFESSIONAL LEGAL SERVICES WITH THE FIRM OF LLOYD, GOSSELINK,
BLEVINS, ROCHELLE & TOWNSEND, P.C. FOR LEGAL SERVICES PERTAINING
TO CONTINUATION OF REPRESENTATION OF THE CITY BEFORE THE PUBLIC
UTILITY COMMISSION OF TEXAS, IN CONNECTION WITH ITS TRANSMISSION
COST OF SERVICE CASE; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems that it is in the public interest to continue to
engage the law firm of Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C., of Austin,
Texas (the "Firm") to provide further professional legal services to the City of Denton,
Texas ("City") pertaining to continued representation of the City and Denton Municipal
Electric ("DME") before the Public Utility Commission of Texas ("PUC") regarding its
electric transmission cost of service rate case, upon which the contested case hearing has
just occurred; the original Agreement for Professional Legal Services between the City and
the Firm expressly stated in Paragraph I. A. 1. that "if a contested hearing is required, a new
agreement for professional services will be required as the compensation in this Agreement
does not contemplate a contested case hearing and appeals therefrom; " and
WHEREAS, the City staff has reported to the City Council that there is a
substantial critical need to continue the above-referenced professional legal services, and
that limited City staff cannot adequately perform the specialized services and tasks which
are primarily centered in Austin, Texas, with its own personnel; and
WHEREAS, the City has heretofore engaged the Firm by numerous previous
Agreements for Professional Legal Services to perform similar services to those services
provided for in the First Amendment to Agreement for Professional Legal Services
attached hereto. Further, that the Firm has performed and provided legal services
benefiting the City under the most recent Agreement on a continuous and uninterrupted
basis, involving immediate deadlines imposed on litigants by the PUC, in order to
safeguard and represent the interests of the City and DME before the PUC. Accordingly, it
is appropriate that the new First Amendment to Agreement for Professional Legal Services
by and between the City and the Firm attached hereto, should be ratified and confirmed,
and should be retroactively approved, confirmed, and made effective as of February 21,
2005, in order to properly compensate the Firm for its work that has already been done and
which work has directly benefited the City, and which work was done at the specific
instance and request of the City in continuing to conduct the hearing before the PUC; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
"Professional Services Procurement Act", generally provides that a City may not select a
provider of professional services on the basis of competitive bids, but must select the
provider on the basis of demonstrated competence, knowledge, and qualifications, and for
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EXHIBIT 1
a fair and reasonable price; and the Council hereby finds and concludes that the Firm is
appropriately qualified under the provisions of that law to be retained as outside legal
counsel for the City and DME respecting this engagement; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the recitations set forth and contained in the foregoing
preamble are expressly incorporated by reference into this Ordinance.
SECTION 2: That the City Manager is hereby authorized to execute a First
Amendment to Agreement for Professional Legal Services by and between the City and the
law firm of Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C., of Austin, Texas, in a
further amount not to exceed $84,000, in substantially the form of the First Amendment to
Agreement for Professional Legal Services attached hereto and incorporated herewith by
reference herewith.
SECTION 3: That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of the Firm and the continued
ability of the Firm to perform the services needed by the City for a fair and reasonable
prIce.
SECTION 4: That the expenditure of funds as provided in the attached First
Amendment to Agreement for Professional Legal Services is hereby authorized.
SECTION 5: That the above and foregoing First Amendment to Agreement for
Professional Legal Services is hereby ratified, confirmed, and retroactively approved, and
shall be effective from and after February 21, 2005.
SECTION 6: That except as otherwise provided in Section 5 above, this
Ordinance shall become effective immediately upon its passage and approval.
PASSED AND APPROVED this the - day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
2
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
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By:
S:IOur DocumentslOrdinanceslOSILloyd Gosselink-PSA-First Amendment- TCOS-puc 200S-0rd.doc
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COUNTY OF DENTON
§
§
§
STATE OF TEXAS
FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL LEGAL SERVICES
TillS FIRST AMENDMENT TO AGREEMENT Olereafter the "Agreement"), made and
entered into this - day of , 2005, by and between LLOYD
GOSSELINK BLEVINS ROCHELLE & TOWNSEND, P.C., a Texas Professional Corporation,
111 Congress Avenue, SlÚte 1800, Austin, Texas, 78701 Olereinafter "Consultant" or "Fhm"), witll
Lambeth Townsend, Shareholder, having full authority to execute tlns Agreement on behalf of tlle
Finn; and tile CITY OF DENTON, a Texas Mruncipal Corporation, 215 East McKinney Street,
Denton, Texas 76201 (hereinafter "City"), with Michael A. Conduff, City Manager, having flJll
authority to execute tins Agreement on behalf oftlle City.
WITNESSETH:
WHEREAS, the City deems it necessary and in the public interest to continue to employ legal
cowlsel to provide professional legal services witll respect to protection of the City's interests in its
application to change City's rates for wholesale transmission service ("TCOS Rates") winch has
been filed witll tile Public Utility Commission of Texas ("PUC" or "COlmnission"); and said TCOS
case has proceeded to a public hearing by an adl11Í1nstrative law judge, and is now a contested
matter pending final resolution oftlle case by the PUC; and
WHEREAS, in Paragraph LA.I. of the Agreement for Professional Legal Services
entered into by the City and the Finn, effective October 1, 2004, tlle following language was
expressly contained in said Agreement: "If a contested case hearing is required, a new agreement
for professional services will be required as to the compensation in this Agreement does not
compensate a contested case hearÍ1lg and appeals tIlerefrom." The TCaS case is still pending,
and it has progressed to a contested hearing with evidence talœn before an Adl11inistmtive Law
Judge, who has issued findings of fact and conclusions oflaw based upon that hearing that to this
point, are favorable to the City; however, PUC Staff persists in opposing the position of tile City;
which will probably result in a hearing before the PUC itself; and
WHEREAS, the Consultant is willing to continue to perfonn such services in a professional
manner as an independent contractor; and has competently and efficiently perfonned shnilar
services for the City in City's 1996 application to establish City's TCOS Rates, winch was PUC
Docket No. 15767, hl City's 2002 application to establish City's TCOS Rates, wInch was pue
Docket No. 26672, in tIns TCOS case before tIle PUC, as well as other matters over tlle past several
years; and the City has selected Consultant on the basis of demon?trated competence and
qualifications necessary to perfol1n tlle needed services; and
WHEREAS, tIle City desires to engage tlle Consultant to render the professional services in
connection tIlerewitIl, for a fair and reasonable price; consistent witll, and for a fee not lngher than
tile reconmlended practices and fees published by the applicable professional associations; and such
1
EXHIBIT 2
fees do not exceed any maxinulin provided by law; all in accordance with the provisions of
Chapter 2254 of the Texas Government Code (the "Professional Services Procurement Act"); and
the Consultant is willing to provide such services;
NOW, THEREFORE, in consideration of the promises and mutual obligations herein, the
City and Consultant do hereby mutllally AGREE as follows, to wit:
I. Scope of Services: The Consultant shall perfol1ll the following services in a
professional manner working as an independent contractor not wIder the direct supervision and
control of the City:
A.
B.
Services to be provided:
1.
Consultant shall represent the City in City's application to change rates for
wholesale transmission service before tlle Public Utility Commission, including
witll0ut limitation, the professional and legal services attendant to preparing and
submitiing the application, responding to all discovery relating to the
application, and attending all prehearing conferences, settlement negotiations in
relationship to the application, and other necessary hearings, and to consult with
the City through its Denton Municipal Electric staff with regard to all filings,
hearings, appeals, and other issues related to tlle application, and to assist in any
subsequent actions in response to the Commission's final order concerning the
application, Consultant requires tllat a new, miher professional services
agreement be entered into with the City as this TCaS case has proceeded into a
contested case hearing before the PUC and possible appeals therefrom.
2.
To consult with tlle City Manager, the Assistant City Manager for Utilities, the
Director of Denton Municipal Electric, the City Attorney, the Assistant City
Attorney for Utilities, and/or other designated administrative personnel or staff
regarding any and all aspects of the professional services to be performed,
including legal research, analysis, and advice with respect to tlle proceeding
concerning City's application to change rates for wholesale transmission
service. Tins will include coordinating activities with the Director of Denton
Municipal Electric, the City Attol11ey, and tlleir respective staff to efficiently
perf 01111 the services required and to preserve tlle Attorney/Client privilege,
work product, and all other applicable exceptions to the discovery or disclosure
of documents produced by the City and the Consultant under the Scope of
Services hereinabove.
The Consultant shall perfol1n all the services required by tins Agreement in a timely
faslnon, and shall complete them in compliance with schedules established by the City
tIn'ough its Director of Denton Mru1Îcipal Electric as appropriate to carry out tile tenus
and conditions of tI1Îs Agreement.
II. Term: TI1Îs Agreement shall be retroactively effective as of Februmy 21, 2005. The
Agreement shall terminate eitller upon the completion of tile professional services provided for
2
herein or upon the exhaustion of all professional fees provided for hereunder, whichever event shall
fIrst occur. This Agreement may be sooner tel111Ïnated in accordance with tl1e provisions hereof.
Time is of the essence of this Agreement. Consultant shall malce all reasonable efforts to complete
the services set forth herein as expeditiously as possible during the tenTI of this Agreement, and to
meet the schedules established by the City, through its Director of Denton Municipal Electric, or
her designee.
III.
Compensation and Method of Payment
A.
The Consultant shall charge the following fees for its professional services provided to the
City hereunder, based upon the following hourly billing rates for tl1e attorneys and support
staff involved in tlùs matter:
Staff
Hourly Rate
Lambeth Townsend, Shareholder
Thomas L. Brocato, Associate
Melissa E. Ramirez, Associate
Paralegal
Law Clerk
$250.00
$210.00
$180.00
$90.00
$75.00
Consultant agrees tl1at all charges for the fl.Uiher legal services hereunder, including expenses
as set forth in Section III C, below, shall not exceed $84,000. The total amount authorized for the
original Agreement for Professional Legal Services for tIùs TCOS case plus tills First Amendment
is $149,000.
B.
The Consultant shall endeavor to have tlle attol1leys and employees listed in Section IILA.
above, reasonably attempt to reduce costs by utilizing otl1er qualified shareholders, associates,
and paralegals wherever feasible or possible. The Consultant shall bill the City tlllough tIle
submission of itemized invoices, statements, and otIler documentation, together with suppOli
data llldícating tlle progress of tlle work and tIle services perfonned on tIle basis of montIlly
statements, showing hourly rates 11ldicatlllg who perfonned tIle work, what type of work was
done, and descriptions and/or details of all services rendered, including a daily, and an entry-
by-entry reflection of billable time spent on tlùs engagement, along with specific descriptions
and supporting docmnentation, if available, respecting any reasonable and necessary out-of-
pocket expenses incuned by Consultant in perfol111Ïng the professional services provided for
mlder tIùs Agreement. Professional fees shall be billed in mlllimmn one-tentIl (1110) hour
increments,
C.
Additionally, tlle City shall eitIler pay directly or rellnburse the Consultant, as tlle case may
be, for reasonable and necessary actual out-of-pocket expenses, including but not limited to,
rebuttal expert witness service fees and expenses, long-distance telephone, telecopier,
reproduction, postage, ovenùght comier, and transpOliation and travel. All copies will be
charged at tIle rate of fifteen cents ($.15) per copy for copies made witIùn Consultant's
offices, witll as much photocopying as possible belllg done by outside vendors at bulk rates or
by the City to reduce costs if bulk copying is necessary or appropriate. The parties agree tllat
3
the charges for outgoing telecopies fi:om Consultant shall be $.25 per page and that there will
be no charge for incoming telecopies.
D.
The parties anticipate tllat invoices or statements for professional services will be generated
on a monthly basis and that said invoices or statements will be sent to the City by Consultant
on or about the 15th day of each month. The City shall make payment to the Consultant
within thiliy (30) days after receipt of an appropriate itemized invoice or statement. To the
extent tllat any fees or expenses are disputed by the City, the City shall notify Consultant
within thirty (30) days after its receipt of the invoice or statement, and shall otherwise pay all
undisputed amounts set f011h in tlle invoice or statement within thirty (30) days after its
receipt of the invoice or statement. All reimbursable expenses, including, but not necessarily
limited to travel, lodging, and meals, shall be paid at the actual cost, pursuant to the tell11S,
conditions, and limitations set f011h herein. All invoices or statements shall be a reviewed by
the Director of Denton Municipal Electric, or her designee; and shall be reviewed and
approved by the Assistant City Attorney/Utilities.
E.
It is understood and agreed 1hat the Consultant shall work under the coordination and general
supervision of tile Dn-ector of Denton Mwncipal Electric, or her designee.
F.
All notices, invoices, statements, and payments shall be made in writing and may be given by
personal delivelY or by mail. As to notices: to Michael Conduff, City Manager, City of
Denton, 215 East McKinney Street, Denton, Texas 76201 or to his designee. As to invoices,
statements, or payments: to Michael S. Copeland, Utility Attorney, Utility Admilnstration
Departrnent, at tile same address, as to the City; and to Lal11betil Townsend, Esq.,
LIoyd/Gosselink, 111 Congress Avenue, Suite 1800, Austin, Texas 78701, as to tlle
Consultant. When so addressed, the notice, invoice, statement and/or payment shall be
deemed given upon deposit of same in the U. S. Mail, postage prepaid. In all otller instances,
notices, invoices, statements, and/or payments shall be deemed given at the time of actual
delivery. Changes may be made in the names and addresses of the responsible person or
office to winch notices, invoices, statements and/or payments are to be sent, provided
reasonable notice is given.
IV.
Professional Competency:
A.
Consultant agrees that in tile pelfollmmce of tilese professional services, Consultant shall be
responsible to the level of competency and shall use tlle same degree of skill and care
presently maintained by other practicing professionals perfoll11ing the sanle or similar types of
work. For the plU})OSe oftlns Agreement, tile key persons who will be perfoll11ing most "of tile
work herewlder shall be Lambeth Townsend, Shareholders, and Thomas L. Brocato and
Melissa E. Ramirez, Associates. However, nothing herein shall limit Consultant from using
otller qualified and competent members of tile fll111 to perfornl the services required herein if
such delegation is reasonably appropriate and properly protects tile City's interests.
B.
Any agreements, ordinances, notices, instruments, memoranda, reports, letters, and otiler legal
docwuents prepared or obtained under the tenus of tins Agreement are instruments of service
and the City shall retain ownerslnp and a property interest tilereil1. If tIns Agreement is
4
tenninated at any time for any reason prior to payment to the Consultant for work under this
Agreement, all such documents prepared or obtained under the tel11lS of the Agreement shall
upon tel111ination be delivered to and become the property of the City upon request and
without restriction on their use or further compensation to the Consultant.
v. Establishment and Maintenance of Records: Full and accurate records shall be
maintained by the Consultant at its place of business with respect to all matters covered by tins
Agreement. Such records shall be maintained for a period of at least three years after receipt of fmal
payment under tins Agreement.
VI. Audits and Inspection: At any time during nonnal business hours and upon
reasonable notice to the Consultant, there shall be made available to the City all of tile Consultant's
records with respect to all matters covered by tins Agreement. The Consultant shall pennit the City
to audit, examine, and make excerpts or transcripts fi"om such records, and to make audits of
conh'acts, invoices, materials, and other data relating to all matters covered by tlns Agreement.
VII. Accomplishment of Project: The Consultant shall commence, can)' on, and
complete tlns professional engagement witll all practicable dispatch; in a sound, economical and
efficient matter; and, in accordance witll the provisions hereof and all applicable laws. In
accomplishing tlle project, tlle Consultant shall take such steps as are appropriate to insure tImt tile
work involved is properly coordinated witll any related work being calTied on by tile City.
VIII.
Indemnity and Independent Contractor Relationship:
A.
Consultant shall perfol1n all services as an independent contractor not under tile direct
supervision and conh"ol of tlle City. Nothing herein shall be construed as creating a
relationship of employer and employee between the parties. The City and Consultant agree to
cooperate in the defense of any claims, action, suit, or proceeding of any kind brought by a
third pmiy wInch may result from or directly or indirectly mise from any negligence and/or
en-ors or omissions on the pal1 of the Consultmlt or £i:om any breach of the Consultant's
obligations under tlns Agreement. In the event of allY litigation or claim lmder tlns
Agreement in wInch Consultmlt is joined as a pmiy, Consultallt shall provide suitable counsel
to defend City alld Consultant against such claim, provided the Consultant shall have the right
to proceed with the competent counsel of its own choosing. The Consultallt agrees to defend,
inde1IDnfy and hold hmll1less the City mId all of its officers, agents, SerVallts, and employees
against allY mId all such claims to the extent of coverage by Consultant's professional liability
policy. The Consultant agrees to pay all expenses, including but not limited to attol11ey's
fees, mId satisfy all judgments that may be incurred or rendered against the Consultant's
professional liability insurance policy. Notlnng herein constitutes a waiver of any rights or
remedies tIle City may have to pursue tUlder eitIler law or equity, including, witll0ut
limitation, a cause of action for specific perfollnmlce or for damages, a loss to tile City,
resulting fì'om Consultmlt's negligent en-ors or omissions, or breach of contract, mId all such
rights mId remedies al-e expressly reserved,
B.
Consultant shall maintain alld shall be caused to be in force at all times during tile telID of this
Agreement, a legally binding policy of professionalliabili1y insurance, listed by Best Rated
5
Caniers, with a rating of "A-" or above, issued by an insurance can1er approved to do
business in Texas by the State Insurance COlmnission. Such coverage shall cover any claim
herelUlder occasioned by the Consultant's negligent professional act and/or enor, act, or
omission, in an amount not less thaIl $1,000,000 combined single limit coverage per
OCClUTence. In the event of ChaIlge or cancellation ofthe policy by tlle insurer, the Consultant
hereby COVenaIlts to llmuediately notify the City in Wl1ting tllereof; and in such event, the
ConsultaIlt shall, prior to the effective date of change or caIlcellation, serve a substitute policy
furnishing the SaIne or higher amount of coverage. The ConsultaIlt shall provide a copy of the
declarations page of such policy to the City through its Director of Denton Municipal Electác
sllllultaneously with tlle execution ofthis Agreement.
IX.
Termination of Ál!reement:
A.
In connection with the work outIllled III this Agreement, it is agreed and fully understood by
the ConsultaIlt that the City may cancel or indefl11itely suspend further work hereunder or
terminate tlns Agreement at any time upon Wl'itten notice to ConsultaIlt, Consultant shall
cease all work aIld labor being perfonued under tIns Agreement. Consultant may tem1Ìnate
tins Agreement by giving tlle City fifteen (15) days written notice tllat ConsultaIlt is no longer
in a position to continue representing the City. ConsultaIlt shall lllVoice tlle City for all work
satisfactorily completed aIld shall be compensated in accordance with tile telms of this
Agreement. All reports aIld otller documents, or data, or work related to tile project shall
become tlle property of the City upon termination oftlns Agreement.
B.
TIns Agreement may be tenuinated in whole or in paI1, in writing, by either party in the event
of SubstaIltial failure by the otller party to fulfill its obligations under tlns Agreement ÜITough
no fault of the tenullIating pmiy, Provided, however, that no such tenuination may be
affected, unless the otller pmiy is given [1] written notice (delivered by certified mail, rerun
receipt request) of intent to tel11Illlate, mId not less tllml thirty (30) calendaI' days to cure the
failure; and, [2] all opportuJ.nty for consultation witll tlle tenuinating pmiy prior to
termination.
C.
Nothing contained herein or elsewhere in tlns Agreement shall reqlÚre the City to pay for mlY
work wInch is lUlsatisfactOlY or which is not submitted in compliance with the tenus of tins
Agreement.
x. Alternate Dispute Resolution: TIle Consultmlt agrees tl1at, if necessmy, it will use
its best eff011s to resolve aIlY disputes regardlllg tlle Agreement tllrough tile use of mediation or
otller fOll11S of altel11ate dispute resolution set forth in Chapter 154 of the Texas Civil Practices and
Remedies Code (V.A.T.c.S.).
XI. Entire Al!reement: TIns Agreement represents the entire agreement and
understanding between the pmiies mId aIlY negotiations, proposals, or oral agreements are intended
to be llltegrated herein and to be superseded by tins written Agreement. Any supplement or
aIuendment to tins Agreement, in order to be effective, shall be in writing mId signed by tlIe City
mId the ConsultaIlt.
6
XII. Compliance with Laws: The Consultant shall comply with all federal, state, local
laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now
read or hereafter be amended, including but not limited to the Texas Disciplinary Rules of
Professional Conduct.
XIII. Governing Law: For the purpose of detelmining place of agreement and law
govel11ing same, tIús Agreement is entered into in tlle City and County of Denton, State of Texas,
and shall be construed in accordance with, and govemed by tlle laws of tile State of Texas. Venue
and judsdiction of any suit or cause of action arising under or in connection with tIús Agreement
shall lie exclusively in a cOUli of competent jurisdiction sitting in Denton County, Texas.
XIV. Discrimination Prohibited: In perfol1lling tile services required hereunder, tile
Consultant shall not discriminate against any person on tile basis of race, color, religion, sex,
national odgin or ancestIy, age, or physical handicap.
xv.
Personnel:
A.
Consultant represents tllat it has or will secme at its own expense all persoIDlel required
to perfOlm tile services required under tIllS Agreement. Such personnel shall not be
employees nor have any contractual relations witIl the City. Consultant shall inform tile
City of any conflict of interest or potential conflict of interest tIlat may arise during tile
term of tlús Agreement, in accordance with Consultant's responsibilities under tile
Texas Disciplinary Rules of Professional Conduct.
B.
All services required hereunder will be perfOl1lled by tile Consultant or under its direct
supervision. All personnel engaged in work shall be qualified and shall be licensed,
autIlorized, or pel1llitied under state and local laws to perform such services.
XVI. Assignability: The Consultant shall not assign any interest in tIús
Agreement and shall not transfer any interest in tIús Agreement (whether by assiglUllent, novation,
or otllerwise) without tile prior wdtten consent of tlle City tllereto.
XVII. Severability: All agreements and covenants contained herein are severable,
and in the event any of tllem, witIl tile exception of tIlose contained in sections headed "Scope of
Services", "Independent Contractor Relationslúp", and "Compensation and MetIlod of Payment"
hereof, shall be held to be invalid by any cOUli of competent jmisdiction, tIús Agreement shall be
interpreted as though such invalid agreements or covenants were not contained herein.
XVIII. Responsibilities for Claims and Liabilitv: Approval by tile City shall not
constitute nor be deemed a release of the responsibility and liability of tile Consultant for tile
accmacy and competency of its work; nor shall such approval be deemed to be an assUlTIption of
such responsibilíty of tile City for any defect in any rep0l1 or otIler docUlllents prepared by tile
Consultant, its shareholders, associates, employees, officers, or agents in connection witIl tlús
engagement.
7
XIX. Modification of Agreement: No waiver or modification of tIùs Agreement
or of any covenant, condition, or limitation herein contained shall be valid unless in writing and
duly executed by tile pmiy to be charged therewitIl. No evidence of any waiver or modification
shall be offered or received in evidence in mlY proceeding arising between the parties hereto out of
or affecting tIùs Agreement, or tile rights or obligations of the parties hereunder, unless such waiver
or modification is in writing, duly executed as aforesaid. The pmiies ftuiher agree that tile
provisions oftlùs miicle will not be waived as herein set forth.
xx. Captions: The captions of this Agreement moe for infonnational purposes only
mId shall not in any way affect tlle substantive tenus or conditions of tlùs Agreement.
XXI. Binding Effect: Tlùs Agreement shall be binding upon and inure to the
benefit of tlle pmiies hereto and tIleir respective heirs, executors, administrators, legal
representatives, successors, mId assigns, where penllitted by tIùs Agreement.
IN WITNESS HEREOF, tile City of Denton, Texas has executed tlùs First Amendment to
Professional Legal Services Agreement in rOlli' (4) original counterparts by mld tl1!ough its duly
authorized City Manager; and Consultml1 has executed tlùs Agreement by mld tlll'ough its duly
authorized llildersigned Shareholder; dated tlùs - day of , 2005.
"CITY"
CITY OF DENTON, TEXAS
A Texas Mruúcipal Corporation
By:
Michael A. Conduff, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
By: ~A ~
8
A TrEST:
By:
~~
LLOYD GOSSELINK BLEVINS
ROCHELLE & TOWNSEND, P .C.
A Texas Professional COl})oration
By:
S:\OUR DOCUMENTS\Contracts\O5\Lloyd Gosse1ink-First Amend-TCOS Case-DME-2005.doc
9
CITY OF DENTON, TEXAS
PUBLIC UTILITIES BOARD MEETING MINUTES
MAY 23, 2005
9:00 A. M.
DRAFT
The Public Utilities Board convened its Open Session at 9:00 a.m. The Chair, Charldean
Newell, stated to the Board that there were three Closed Meeting agenda items set forth
in the Closed Meeting agenda and requested a motion to consider the agenda item under
§551.086 of the Texas Government Code. A motion was then made and seconded
respecting the consideration of the items by the Board.
PRESENT:
John Baines, Bob Bland, Bill Cheek, Phil Gallivan, George Hopkins,
Charldean Newell, Dick Smith
EX OFFICIO MEMBERS
Howard Martin, ACM/Utilities
ITEMS FOR INDIVIDUAL CONSIDERATION:
4) Consider recommending approval of a First Amendment to Professional Services
Agreement with Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C., Austin,
Texas, in an amount not to exceed $84,000, for legal services required to complete
hearings before the PUCT (Public Utilities Commission of Texas) for the Denton
Municipal Electric (DME) Transmission Cost of Service (TCOS) filing.
Sharon Mays, Director of Electric Utilities, presented this item.
On January 18,2005, Ordinance 2005-019 was enacted by the Council, approving a
Professional Services Agreement with Lloyd, Gosselink, Blevins, Rochelle & Townsend,
P.C. for legal services pertaining to representation ofDME before the PUCT in
connection with the DME TCOS filing. That Agreement was estimated to cover the cost
of preparing the filing package and negotiating a settlement with the PUCT staff. On
October 25,2004, DME made its 2003 TCOS filing with the PUCT requesting an
increase from the City's current TCOS annual payment of $995,000 to an annual
payment of $3,995, 195. The $2,960,185 increase is necessary to recover DME's
additional investment in transmission facilities and to incorporate updated transmission
plant records that more accurately reflect the actual DME plant in service in DME' s
TCOS.
1
EXHIBIT 3
The cost of legal support for the hearings will be recovered by DME through a surcharge
that will be placed on the final DME TCOS rate.
Gallivan moved to recommend approval, with a second from Board Member John
Baines. The motion was approved by a vote of 7-0.
2
AGENDA INFORMATION SHEET
AGENDA DATE:
June 7, 2005
DEPARTMENT:
Utilities
Howard Martin, Utilities 348-8232 ~
ACM:
SUBJECT
Consider approval of a Ordinance of the City Council of the City of Denton, Texas authorizing the City
Manager or his designee to execute a Quit Claim Deed to convey approximately 0.71 acre to Lexington
Park (Denton) Homeowners Association Inc., said 0.71 acres being a tract of land situated in the E.
Pickett Survey, Abstract No. 1018, in the City of Denton, Denton County, Texas, and being Block A, Lot
23, of Chaucer Estates, Phase 1, an addition to the City of Denton, Denton County, Texas, according to
the plat thereof recorded in Cabinet Q, Page 267 of the Plat Records of Denton County, Texas, and
providing an effective date. (Hemingway Street - Chaucer Estates Subdivision)
BACKGROUND
The developers of Chaucer Estates, Phase 1, conveyed the subject tract of land to the City as a
requirement of their drainage improvements. The Chaucer Estates developers were required to provide
the subject tract in order to accommodate and transition overland storm-water flows from the north, into
the underground drainage system improvements through their subdivision. Now that the upstream
development, Lexington Park, is being constructed, that developer desires to incorporate the subject tract
into their overall drainage solution for their subdivision. The grant of the 0.71 acre tract by the City to the
developer is conditioned on the fact that the Lexington Park Homeowner's Association shall annex the
0.71 acre lot and maintain it in perpetuity as a common area to Lexington Park Subdivision. The City has
entered into a development agreement with the Lexington Park representatives that has allowed them to
move forward in the construction of their overall project until this off-site drainage issue can be
reconciled.
OPTIONS
1. Approve the Ordinance, or
2. Denial, or
3. Table for future consideration
RECOMMENDA TION
Staff recommends approval of the Ordinance
PRIOR ACTION REVIEW (Council, Boards, Commissions)
Development Review Committee endorsement
FISCAL INFORMATION
None
EXHIBITS
1. Location Map
2. Site Map
3. Ordinance
4. Agreement
1
Respectfully submitted:
~~~
Jimmy D. Coulter, Director
Utilities Department
Prepared by:
i2RtJ~
Paul Williamson
Real Estate & Capital
Support Manager
2
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EXHIBIT 1
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EXHIBIT 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A QUIT
CLAIM DEED TO CONVEY APPROXIMATELY 0.71 ACRE TO LEXINGTON
PARK (DENTON) HOMEOWNERS ASSOCIATION, INC., SAID 0.71 ACRE BEING
A TRACT OF LAND SITUATED IN THE E. PICKETT SURVEY, ABSTRACT NO.
1018, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING
BLOCK A, LOT 23, OF CHAUCER ESTATES, PHASE 1, AN ADDITION TO THE
CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT
THEREOF RECORDED IN CABINET Q, PAGE 267 OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Denton has been deeded a parcel of land in the Chaucer
Estates Subdivision for drainage purposes and supports the conveyance of this property to
Lexington Park (Denton) Home Owners Association; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The [IDdings and recitations contained in the preamble of this
ordinance are incorporated herein by reference.
SECTION 2. The City Manager or his designee is hereby authorized to execute
the Quit Claim Deed, attached herewith as "Attachment l" and made a part hereof for
approximately 0.71 acre of land to Lexington Park (Denton) Homeowners Association,
Inc.
SECTION 3. The City Manager is authorized to execute all other documents
necessary to effectuate this conveyance.
SECTION 4. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the
day of
,2005.
EULINE BROCK, MAYOR
EXHIBIT 3
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY:
Page 2
"ATTACHMENT 1"
QUIT CLAIM DEED
THE STATE OF TEXAS
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
THAT the City of Denton, Texas, a municipal corporation of the County of Denton, State
of Texas (the "Grantor"), in consideration of the sum ofTen Dollars and No Cents ($10.00) and
other good and valuable consideration in . hand paid by the Lexington Park (Denton)
Homeowner's Association, Inc. of the County of Denton, State of Texas (the "Grantee"), the
receipt of which is hereby acknowledged, does by these presents, QUIT CLAIM unto Grantee,
its successors and assigns, all its right title and interest in and to that certain tract or parcel of
land lying in the City of Denton, County of Denton and State of Texas, described in Exhibit "A"
attached hereto and made a part by reference (called the "Property").
This quit claim is conditioned upon Grantee's fulfillment of the terms and conditions of
that certain Development Agreement dated April 8, 2005 between the Grantor and Grantee (the
"Development Agreement") , which is incorporated herein by reference, and a true and correct of
which is on file in the City Secretary's Office of the City of Denton, Texas. The Grantor shall
have a right of reverter should the terms and conditions of the Development Agreement be
violated (the "Right of Reverter").
TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the Property
unto the Grantee, its successors and assigns forever, so that neither Grantor nor its successors or
assigns shall have, claim or demand any right or title to the Property or appurtenances or any part
thereof, subject to the Right of Reverter.
Witness my hand, this the
day of
,2005,
CITY OF DENTON, TEXAS
By:
Michael A. ConduIT
City Manager
"ATTACHMENT 1"
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
§
§
This instrument was acknowledged before me on
Michael A. Conduff, City Manager, City of Denton.
. 2005 by
Notary Public, in and for the State of Texas.
My Commission Expires:
"ATTACHMENT I"
"EXHIBIT A"
ALL that certain lot, tract or parcel of land lying and being situated in the City and the
County of Denton, Texas in the Eli Pickett Survey, Abstract Number 1018 and being
Lot 23, Block A of the Chaucer Estates Addition, Phase 1, recorded in Cabinet Q, Page 267
of the Plat Records of Denton County, Texas, and being same tract conveyed from Hickory
Creek Estates, Ltd. to the City of Denton by warranty deed dated April 23, 1999 and
recorded in Volume 4395, Page 2883 in the Real Property records of Denton County,
Texas.
.'.
DEVELOPMENTAGREEMŒNT
THE STATE OF TEXAS
COUNTY OF DENTON
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
AGREEMENT dated ~r ~ Ö ç , 2005 between Ashton Dallas Residential,
L.L.C. (the OWNER) and the C ty of D nton (the CITY).
WITNESSETH:
Whereas, the OWNER is currently in the process of developing a 31.982 acre parcel for
residential use known as Lexington Park, Phase Three, situated in the Eli Pickett Survey,
Abstract 1018, in the City and County of Denton, Texas; and
Whereas, the OWNER desires to proceed with the installation of the public
improvements required for Lexington Park, Phase Three (the PROJECT); and
. Whereas, OWNER's PROJECT will req uire expansion of an existing detention pond on
a tract owned by the CITY known as Lot 23, Block A of the Chaucer Estates Addition, Phase
1, recorded in Cabinet Q, Page 267 of the Plat Records of Denton County, Texas and being
further evidenced by warranty deed recorded in Volume 4395, Page 2883 in the Real Property
records of Denton County, Texas; and
Whereas, the CITY desires to convey said Lot 23 to the OWNER for the express
purpose of combining said Lot 23 with Lot 12X, Lexington Park, Phase Three, to allow
OWNER to construct a detention pond expansion to control storm water releases from the
Lexington Park, Phase Three Subdivision development, as shown in the PROJECT
construction plans; and
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
1.
Upon full execution of this AGREEMENT and delivery to the parties, the
CITY shall approve, accept and release the final construction plans for
Lexington Park, Phase III, notwithstanding the ordinary requirements the
OWNER must fulml to further the PROJECT.
2.
Upon full execution of this AGREEMENT and delivery to the parties, the
CITY shall expeditiously process the proposed conveyance of said Lot 23 to
the OWNER. The CITY and the OWNER shall work cooperatively to
process the conveyance, inclusive of delivery and acceptance of the deed~The
*However, the conveyance is subject to City Council approva]. ~
Page 1 ~
EXHIBIT 4
3.
4.
5.
CITY shall prepare, execute and record aU such documents related to the
conveyance at CITY's sole cost and expense.
Upon the formal conveyance of said Lot 23 to the OWNER, evidenced by
recording of the conveyance instrument, the OWNER and the CITY shall
work collectively to re-plat the detention areas into a single consolidated lot
of record. The OWNER agrees to retain the professional services of
OWNER's engineer and land surveyor, Dowdy, Anderson & Associates, Inc.
to prepare, execute and record all exhibits, plats or re-plats deemed necessary
for the merging of the two platted lots into one lot, all at the OWNER's sole
cost and expense.
Upon approval and recordation of the re-plat of Lot 23, Block A, Chaucer
Estates, Phase 1 and Lot 12X, Block H, Lexington Park, Phase Three into a
single lot, the newly combined lot shall be deeded by the OWNER to the
Lexington ParkJDenton Residential Association (the HOA), without delay.
Upon the conveyance of the newly combined drainage detention pond lot to
the BOA, the OWNER, as Declarant of the BOA, without delay, shall annex
the subject lot into the BOA for benefit of perpetual maintenance and care by
the BOA for all of the improvements, facilities, fencing and landscaping
systems situated therein. The OWNER shall provide the CITY the
documentation authorizing the annexation of the newly combined drainage
detention pond into the HOA, including but not limited to a fIle-stamped copy
of the annexation instrument, duly recorded in the Real Property Records of
Denton County, Texas. Prior to recording, the BOA documents shall be
submitted to the City Attorney for review and approval and they must
contain a provision requiring BOA maintenance of the drainage detention
pond lot, which provision may not be amended without the CITY's prior
written approval.
The OWNER and the DEVELOPER hereby acknowledge, stipulate and
agree that the covenants stated herein must be fulfIlled prior to the CITY's
final acceptance of the public improvements required for the PROJECT.
Page 2
OWNER:
:~ON ¡;:l;;NTlAL' LLC
B¡¿u¿t PI- INE
tf¡¿~ - Pf~(~~
D.te:~
Printed Name:
Title:
CITY OF DENTON, TEXAS:
, Date: 4! ¡q 165'
. A~Û~M~
B:
Michael A. Con uff
City Manager
215 E. McKinney
Denton, Texas 76201
ATTEST:
JENNIFER WALTERS, CITY SEjRETARY
BY: :h AJ
BY:
APPROVED AS TO FO
EDWIN M. SNYDE
Page 3
AGENDA INFORMATION SHEET
AGENDA DATE:
June 7, 2005
DEPARTMENT:
Utilities
Howard Martin, Utilities 349-8232 ~
ACM:
SUBJECT
Consider adoption of an Ordinance to purchase approximately 0.630 acre of land for Public Utility
Easement and approximately 0.779 acre of land for Temporary Construction Easement and Sign
Improvements between the City of Denton and Foxworth-Galbraith Lumber Company, located in the
M.E.P.& P.RR. Survey Abstract Number 927, City of Denton, Denton County, Texas; authorizing the
expenditure of funds therefore; and providing an effective date. (Loop 288 Utility Relocation Project).
BACKGROUND
City staff are actively pursuing acquisition of the necessary easements for utility relocation, in advance
of the widening of US. Highway Loop 288. The purchase of the above-described easements and
improvements will provide the City the land rights necessary to relocate our utility infrastructure
outside of the Texas Department of Transportation's (TxDOT) right-of-way.
TxDOT will be constructing the proposed road improvements (6-lane urban street cross-section with
underground storm drainage) within the confines of their existing right-of-way, leaving little room for
utility accommodations within their right-of-way.
City of Denton design staff, TxDOT officials and their design engineer are working closely together to
identify those areas in which accommodations for our utilities can made within their right-of-way and
also to identify those areas in which there is no room. The Foxworth-Galbraith frontage is one of those
areas where TxDOT's proposed paving and drainage infrastructure is such, that we are compelled to
acquire an adjacent easement for our utility facilities.
Staff commissioned an appraisal to determine an offer for purchase of the easements and the
Foxworth-Galbraith Lumber Company has accepted our offer. The location of their existing sign is in
direct conflict with anticipated utility contractor operations and must be removed.
OPTIONS
1. Approve the ordinance, or
2. Denial, or
3. Table for future consideration
RECOMMENDA TION
Staff recommends approval of the Easement Purchase Agreement
ESTIMATED PROJECT SCHEDULE
Winter 2005
1
PRIOR ACTIONIREVIEW
Public Utilities Board approval on May 23, 2005
FISCAL INFORMATION
Contract amount of $97, 100.00, plus closing cost estimate of $600.00
ATTACHMENTS
1. Location map
2. Draft ordinance
3. Agreement
4. PUB meeting minutes
Respectfully submitted:
~~~
Jim Coulter, Director
Utilities Department
Prepared by:
i2RtJ~
Paul Williamson
Real Estate & Capital Support Manager
2
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EXHIBIT 1
MARKET ST.
Proposed
Easement
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ORDINANCE NO.
AN ORDINANCE TO PURCHASE APPROXIMATELY 0.630 ACRE OF LAND FOR
PUBLIC UTILITY EASEMENT AND APPROXIMATELY 0.779 ACRE OF LAND
FOR TEMPORARY CONSTRUCTION EASEMENT AND SIGN IMPROVEMENTS
BETWEEN THE CITY OF DENTON AND FOXWORTH-GALBRAITH LUMBER
COMPANY, LOCATED IN THE M.E.P.& P.R.R. SURVEY, ABSTRACT NUMBER
927, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE. (Loop 288 Utility Relocation Project).
THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to purchase public utility
easement and temporary construction easement and the sign improvements in
substantially the fonn as set forth in the Easement Purchase Agreement attached hereto
and made a part of this ordinance for all purposes regarding the Loop 288 Utility
Relocation Project.
SECTION 2. The City Manager is authorized to make the expenditures as set
forth in the attached Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage
and approval.
day
of
PASSED
AND APPROVED
,2005.
this
the
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. S , INTERIM CITY ATTORNEY
BY:
EXHIBIT 2
EASEMENT PURCHASE AGREEMENT
AGREEMENT dated ,2005 between Foxworth- Galbraith Lumber
Company ("OWNER") and the City of Denton ("CITY").
WITNESSETH:
Whereas, Foxworth-Galbraith Lumber Company, a Delaware corporation, successor in
interest of Foxworth-Galbraith Lumber Company of Denton, is the owner of a certain 22.276
acre parcel land, evidenced by warranty deed recorded in Volume 515, Page 333, Deed
Records, Denton County, Texas, said parcel being affected by the public improvement project
called Loop 288 Utility Relocation Project ("PROJECT"); and
Whereas, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary easements for the PROJECT;
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
1.
2.
At Closing, the OWNER shall grant, execute and deliver to the CITY a 0.630
acre permanent utility easement and 0.779 acre temporary construction,
grading and access easement, attached herein as "Attachment I-A" and
"Attachment I-B" respectively( the Easements). In addition, the OWNER
shall satisfy all closing requirements in relation to releasing and/or
subordination of any liens affecting the permanent easement and temporary
construction easement tracts;
At Closing, the. CITY shall pay OWNER $ 83,000.00 as payment for the
Easements. In addition, the CITY shall pay OWNER $ 14.100.00 as payment
for the relocation costs of the SIGN. The sum of these two payments,
$97.100.00, is the amount of Total Compensation. The Total Compensation
payment amount represents full and adequate consideration for the
Easements and improvements therein, including without limitation, the sign
and any damages to the remainder of Owner's property.
3.
It is hereby acknowledged that the OWNER's existing ground sign, as shown
in "Attachment 2" and "Attachment 3", both attached herewith, will require
removal prior to contractor mobilization for the PROJECT. The OWNER
shall remove the sign from the Easement areas no later than November 1,
2005. If Owner chooses not remove the sign from the easement areas by such
date, the City, its agents or contractors, may remove and dispose of the sign
with no further compensation to the Owner. Should the Owner choose to
relocate the existing sign or establish a new permanent sign during course of
Page 1
EXHIBIT 3
OWNER:
the PROJECT, the sign location shall be outside of the permanent public
utilii)' easement and temporary construction easement areas. The sign may
be reestablished in the temporary construction easement area upon the
completion of the project or at such time a specific sign location is agreed
upon by the City, and/or its contractor, that will not put the sign at risk or
hinder the construction activities of the PROJECT.
4.
During the installation ofthe utilities associated with the PROJECT, the City
will ensure that reasonable ingress and egress is maintained across the
construction activity area (the Easements) to the Owner's facilities on its
remaining property.
5.
The Closing shall be held at the office of Commonwealth Land Title
Insurance Company, 1108 Dallas Dr., Suite 300, Denton, Texas, 76205 (Title
Company) on or before May 31, 2005, or at such time, date, and place as
OWNER and the CITY may mutually agree upon.
6.
The stipulated Total Compensation amount shall be paid by the CITY at
closing to the OWNER through the Title Company. All other typical closing
costs associated with this transaction shall be paid specifically by the CITY,
except for OWNER'S attorney fees.
7.
This agreement constitutes the sole and only agreement of the parties and
supersedes any prior understandings or written or oral agreements between
the parties respecting the within subject matter.
FOXWORTH-GALBRAITH LUMBER COMPANY
By:
/;
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? ./"-'4 I' \~ j """"""
, .
ð
'j
Date: /Yj'J-.¡ Ij 4:D,7$-
/ '
Printed Name:
f~.
I),... ,~i~'¡'..i..~."",
-.::: '" '1 ~". '=- <-r' . 1<
Title:
<..-.. '
. )¿j,j,'{,.o;., v",-.!.. f.~~.)tG¡~...;r
, -' .
Page 2
CITY OF DENTON, TEXAS:
By:
Michael A. ConduIT
City Manager
215 E. McKinney
Denton, Texas 76201
Date:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO FORM:
EDWIN SNYDER, ACTING CITY ATTORNEY
BY:
TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT
Commonwealth Land Title Insurance Company, Denton, Texas, hereby acknowledges
receipt of the fully executed Agreement on this, the- day of
2005.
By:
Printed Name:
Title:
Telephone Number:
Page 3
"ATTACHMENT l-A"
EASEMENT
COUNTY OF DENTON
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
THE STATE OF TEXAS,
THAT Foxworth-Galbraith Lumber Company, a Delaware corporation,
successor in interest of Foxworth-Galbraith Lumber Company of Denton
("Grantor") ,
in consideration of the
sum of TEN DOLLARS AND NO
CENTS ($10.00) and OTHER GOOD AND VALUABLE CONSIDERATION in hand paid
by the City of Denton, Texas, ("Grantee"), receipt of which is
hereby acknowledged, does by these presents grant, bargain, sell and
convey unto Grantee an easement and free and uninterrupted use,
liberty and privilege of the passage in, along, upon and across that
certain real property containing approximately 0.630 acre of land
owned by Grantor which is situated in Denton County, Texas, in the
M.E.P.
&
P.R.R.
Survey,
Abstract
No.
927,
more
particularly
described in Exhibit "A"
&
illustrated in Exhibit "B",
attached
hereto
and made
a part hereof
by
reference
(the
"Easement"
or
"Easement Area").
This
Easement
is
granted
for
the
purpose
of
constructing,
reconstructing,
installing,
repairing,
and perpetually maintaining
public utilities, in, along, upon and across the Easement, with the
right and privilege at all t~es of the Grantee herein, its agents,
employees,
contractors and representatives having ingress,
egress,
and regress in,
along upon and across the Easement Area for the
purpose
of making
additions
to,
improvements
on
and repairs
to
public utilities, or any part thereof.
Grantor,
its
successors
and
assigns,
shall
not
place
any
improvements
within
the
Easement Area without
the prior written
Page I
consent of the Grantee. Grantee shall have the right to remove from
the Easement Area any improvements or obstructions
loca ted wi thin
the Easement Area either now or in the future that Grantee in its
discretion believes interfere with the Grantee's use of the Easement
for public utilities. No other utilities may be located within the
Easemen t Area wi thou t
the prior written
consent
of
the
Grantee.
Grantor,
its
successors
and
assigns,
shall
be
perIni tted
access
across the Easement Area for ingress and egress to and from Loop
288.
The
undersigned
represents
and
warrants
that
he
is
an
authorized representative of Grantor and he is authorized to sign
this Easement on behalf of Grantor and that this Easement is fully
binding upon Grantor.
TO HAVE AND TO HOLD the Easement unto Grantee for the purposes
aforesaid.
, 21""
Executed, this the/~day of
.rv) IJ 1
, 2005.
Foxworth-Galbraith,Lumber Company
BY, /~ (/.JL
Page 2
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF ~ §
This instrument was acknowledged before me on this the
M{)"~ 2005 by S>,.t .
Stn(o(' ,'û,. ...~" of ç:O(WO~- Lbr~'i't\ L\JI't\Þ4r(o~
Foxworth-Galbraith Lumber Company.
,þ.!'YPU4¿ DEBORAH MARTINEZ od?~~~
~~/C' OTARY PUBLIC Notary Public, in nd fof State of Texas
'" .~: ~TATE OF TEXAS My Commission Expires IJ.., '3/-0 Z
"'~J)! OF ,<;.+" My Comm. Expires 12-31.2008
13+h day of
, the
on behalf of
Accepted this the day of ,2005 for Grantee,
the City of Denton, Texas (Resolution No. 91-073).
BY:
Paul Williamson
Real Estate &
Capital Support Manager
Page 3
Page 1 of2
EXHIBIT CC A"
VARIABLE WIDTH EASEMENT
M.B.P. & P.R.R. SURVEYt ABSTRACT NO. 927
CITY OF DENTON
DENTON COUNTY, TEXAS
BEING a tract of land situated in the M.E.P. & P.RR. Survey, Abstract No. 927, Denton
Countyt Texas, and being a part of a tract of land described by deed to Foxworth-
Galbraith Lumber Company of Denton as recorded in Volume 515, Page 333 of the Deed
Records of Denton County, Texas, and being more particularly described as follows:
BEGINNING ata 1/2 inch iron rod set with a yellow cap stamped.1I Arthur Surveying
Company" at the northwest comer of said Foxworth-Galbraith Lumber Company tract
and the southwest comer of Lot A2 of the Greater Denton Industries Subdivision, an
addition to the City of Denton as recorded in Cabinet 1, Page 241 of the Plat Records of
Denton County, Texas, same being in the east line of State Highway Loop 288;
THENCE North 89 degrees 36 minutes 01 seconds East, with the north line of said
. Foxworth-Galbraith Lumber Company tract and the south line of said Lot A2t a distance
of25.01 feet to a 1/2 inch iron rod set with a yellow cap stamped "Arthur Surveying
Company" for comer;
THENCE over and across said Foxworth-Galbraith Lumber Company tract, South 00
degrees 53 minutes 01 seconds West, a distance of 1085.03 feet to a 1/2 inch iron rod set
with a yellow cap stamped IIArthur Surveying Company" for comer;
THENCE South 21 degrees 36 minutes 53 seconds East, a distance of29.91 feet to a 1/2
inch iron rod set with a yellow cap stamped II Arthur Surveying Company" in the
northeast line of a 16.00 foot Public Utility Easement recorded in Volume 603t Page 520
of the Deed Records of Denton County, Texas, and being 16 feet northeasterly at a right
angle ftom the northeast line of McKinney Street also known as F.M Highway No. 426;
THENCE North S6 degrees 04 minutes 53 seconds West, continuing with the northeast
line of said easement and 16.00 feet northeasterly at right angle ftom said McKinney
Street, a distance of24.39 feet to a 1/2 inch iron rod set with a yellow cap stamped
II Arthur Surveying Company" at a point 16.00 feet easterly at a right angle ftom said
State Highway Loop 288;
THENCE North 00 degrees 53 minutes 07 seconds East, with the east line of said
easement and 16.00 feet easterly at right angle ftom said State Highway Loop 288) a
distance of 12.00 feet to a 1/2 inch iron rod set with a yellow cap stamped "Arthur
Surveying Company";
Exhibit A
EXHIBIT
II A II
Page 2 of2
THENCE North 89 degrees 06 minutes 53 seconds Westt a distance of 16.00 feet to a 1/2
inch iron rod set with a yellow cap stamped" Arthur Surveying Company" in the east line
of said State Highway Loop 288;
THENCE North 00 degrees 53 minutes 07 seconds East. with the east line of said State.
Highway Loop 288. a distance of 1086.80 feet to the POINT OF BEGINNING and
containing 0.630 of an acre ofland more or less. .
N89'06'53"W
16.00'
STATE HIGHWAY LOOP
,.l}::t. ~
-001 {P
t;~.
~ ;. N56-04'53u
;j I 24.39'
() ~ N56'O4'5JA
. ~. 53.01'
~.
~
'(
-------- ~
1079.7J'
521 ~6'5JuE \ \ FoKw~th-Cclb'olth Lumber Company of Denton
29.91' Vol. 515, Pg. 3JJ
0.779 Acre
0.630 Acre 30' Temporary
Variable w/äth Construction Easement
Easement
'-
'HOlE:
BASIS (J£ BCARJNÇS ARE BASED (XI 1It£
STArr HlCHftAy LOOP 2M R/QIr-oF-WAY MAl'
PBC)MfØ IY Jl£ I£XAS DEPARDJENr (J£
rt/ANSI'OR r A J1CN.
PCRIIANENr CIomtENr CORNERS ARE A
1/2- IRON ROO SEr "'1H m.L0IV CAP .
sr,urpED -ARfHUR SIJR~ COIIPANI"'.
IJNI.ESS OTH£RIlSE NOrED.
EXHIBIT "B'"
VARIABLE WIDTH EASEMENT
and
30' Temporary Construction' Easement
ME-P. & P.RR Survey, Abstract No. 927
CITY OF DENTON - DENTON COUNTY, TEXAS
~
....
..,J
~ . OO"5J'O7"W ~ - -"='-f¡ i~,:::
~ l--.....------------ . ~! I I
," P.~8. N89'J6'O~"E J J
I 30 TempOrfJr.~ f:nJø:t/I:fosement JO.Ol Lot A1 I I
Construction Ease ent fRot.. Oønton lndu,tMs
I:fI/IltrIiNt /If 'JtÌSI.." Subdlvlston .
'~ ol/flMod p- IIiIe ~_I. 'ð 2'~7
~ "1. Pg. 6 ~. " r'g. ~
Foxworth-Galbraith Lu ber Company of Denton
Vol. 515. p~ 3J3
LOOP 288
N89.36'07"E
25.01'
1ft Vllit, £_1
Vet 16. PI' 10
Arthur Surveying Co., Inc.
Pro£essional Land Surveyors
DATE: !O/!.9/2O(N SCAlE: J:.:.J...OO' DRAWN BY: M.B.A. CHECKED BY:.
J.O.E. NO.:
6.10082515
64005J540
912-221-94J9 (",< !/72-221-467S
220 £1m s,,~~t. Suít~ 100 . P.D. 80.< 54
L<!trlJIIiI<!. r<!AØS 75087
~ATTACHMENT l-B"
TEMPORARY CONSTRUCTION,
GRADING & ACCESS EASEMENT
THE STATE OF TEXAS,
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
THAT
Foxworth-Galbraith
Lumber
Company,
a
Delaware
corporation,
successor in interest of Foxworth-Galbraith Lumber Company of Denton
("Grantor")
in
consideration
of
the
sum
of
TEN
DOLLARS
AND
NO
CENTS ($10.00) and OTHER GOOD AND VALUABLE CONSIDERATION in hand paid by
the City of Denton, Texas receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto the City of Denton,
Texas, the free and uninterrupted use, liberty and privilege of the
passage in, along, upon and across the following described property,
owned by them, situated in Denton County, Texas in the M.E.P. & P.R.R.
Survey, Abstract No. 927.
See EXHIBIT ~A"& EXHIBIT ~B" attached herewith
And it is
further agreed that the City of Denton,
Texas in
consideration of the benefits above set out, will remove from the
property above described, such fences, buildings and other obstructions
as may now be found upon said property.
For the purpose of construction, grading and access, upon and
across said premises, with the right and privilege at all t~es of the
grantee
herein,
his
or
its
agents,
employees,
workmen
and
representatives having ingress, egress, and regress in, along, upon and
across said premises for the purpose of construction, grading and access
or any part thereof.
Upon conclusion of the completion of construction of the Loop 288
Utility Relocation Project this
easement shall
terminate and upon
request of
Grantor,
the
City
shall provide
a
formal
release,
in
recordable form, of the easement granted herein.
TO HAVE AND TO HOLD unto the said City of Denton,
Texas as
aforesaid for the purposes aforesaid the premises above described.
Executed, this the 13TH day of
mAy
, 2005.
Foxworth-Galbraith Lumber Company
BY:
X' /L"
/\ ~ / I, j ,
I' ',~ f ) '7 "
'< (,/,-,.
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF J». \\ a..s
§
§
This instrument was acknowledged before me on this the I 3th day of
M f).. , 2005 by ~ l~ W h. \.+~ the
'5eA(/Þt' VI' ~ rt'$\,f\ of F6\'l.ùo~-~bM..'~ ~b.!r Co. on behalf of
Foxworth-Galbraith.
Accepted this the day of ,2005 for Grantee,
the City of Denton, Texas (Resolution No. 91-073).
BY:
Paul Williamson
Real Estate &
Capital Support Manager
EXHIBIT "A"
30' TEMPORARY CONSTRUCTION EASEMENT
M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 927
CITY OF DENTON
DENTON COUNTY, TEXAS
BEING a tract ofland situated in the M.E.P. & P.R.R. Survey, Abstract No. 927, Denton
County, Texas, and being a part ora tract orland described by deed to FoxworthM
Galbraith Lumber Company of Denton as recorded in Volume 515, Page 333 of the Deed
Records of Denton County, Texas, and bein~ more particularly described as follows:
i
BEGINNING at a 1/2 inch iron rod set with a yellow cap stamped" Arthur Surveying
Company" in the north line of said F oxworth-Galbraith Lumber Company tract and the
south line ofLat A2 of the Greater Denton Industries Subdivision, an addition to the City
of Denton as recorded in Cabinet I, Page 247 of the Plat Records of Denton County,
Texas, same being North 89 degrees 36 minutes 07 seconds East, a distance of25.01 feet
from a 1/2 inch iron rod set with a yellow cap stamped" Arthur Surveying Company" at
the northwest comer of said FoxworthMGalbraith Lumber Company tract and the
southwest corner of said Lot A2, same being in the east tine of State Highway Loop 288;
THENCE North 89 degrees 36 minutes 07 seconds East, with the north line of said
Foxworth-Galbraith Lumber Company tract and the south line of said Lot A2, a distance
of30.01 feet to a point for corner;
THENCE over and across said Foxworth-Galbraith Lumber Company tract the following
courses and distances:
South 00 degrees 53 minutes 07 seconds West, a distance of 1079.73 feet to a point for
comer;
South 21 degrees 36 minutes 53 seconds East, a distance of67.64 feeHo a point in the
northeast line of a 16.00 foot Public Utility Easement recorded in Volume 603, Page 520
of the Deed Records of Denton County, Texas, and being 16 feet northeasterly at a right
angle ftom the northeast line of McKinney Street also known as F.M. Highway No. 426;
North 56 degrees 04 minutes S3 seconds West, continuing with the northeast line of said
easement and 16.00 feet northeasterly at right angle from said McKinney Street. a
distance of53.01 feet to a 1/2 inch iron rod set with a yellow cap stamped "Arthur
Surveying Company";
North 21 degrees 36 minutes 53 seconds West, a distance of29.91 feet to a 1/2 inch iron
rod set with a yellow cap stamped u Arthur Surveying Company" for comer,
NOO~J'O 7"E
soomt'W 12. 00'
436'>.1
FND TXDO T
IIDNIJJJENT J
(CoIL)
N89"06'53"W
16.00'
STATE HIGHWAY LOOP
t;¡~1'
t'~.
~ ~ N56 .04 '53"
N ~ 24.39'
Co¡§¿ N56'O4'5J
- ,,- "'<;' 53.01'
~
~.
ð
~
1085,03' I ~
- - - - -- - \ - - - - - - - - - - - - - - -,m 73,-1 ~
SOO"5J'O7"W '
521"36'53"[ \ Foxw~h-GoJbraith Lumber Company of Denton
29.91' Vol. 515, Pg. JJJ
0.779 Acre
0,630 Acre 30' Temporary
Variable w/äth Construction Easement
Easement
;'" \'53P(.
Ilszr~,6A'
I
I^'- '8' Public
UtHlty Easement
W. 603, Pg. 520
'NOJr.
BASIS OF' BEAfI/NCS ARE BASED ON 1H£
STAlE HlCHWAY LOOP 288 RlGHT-CF-WAr IIAP
PRO1lŒV BY THE lD'AS DEPARJJÆNT OF
1RANSPCIlTA JION.
PCR&lANENT CASEllENr CORNERS ARE A
1/2' IRON ROD SET ..111 inLOW CAP
STAIIP£D 'AR1HIJR SURVEYING COMPANY".
tJNt.£SS OlHERlfSE NOrED.
LOOP 288
N89"J6'07"[
25.01'
16' Utilit, [osement
VoL 16. Pg, 10
~
....
....a
ð
~ll- ~OOS~~"~------
I "" P.O.8.
, ~'T~PMrl
I 30 TempOrðr.~ COlI' tructiDn COHmfllll
Construction Ease ent
Cltltrtint øI uislklg
'~ 0"" p- ,..
VoL 197. Pg. 6
Foxworth-Galbraith L ber Company of Denton
Vol. 515, p~ JJJ
-----f¡ c..::--
- 25' BuId',ng Lhu
I ~,I6. Pg. to
. - I I
I I -
Lot At I I
Grsot.. Otmton industries
- . SlJbdlvilllon
Cob. ~ Pg. 247
EXHIBIT "B;;
VARIABLE WIDTH EASEMENT
and -
30' Temporary Construction Easement
ME-P. It P.RR Survey, Abstract No. 927
CITY OF DENTON - DENTON CO UNTY, TEXAS
A rthur Surveying Co" Inc.
Professional Land Surveyors
972-22/-9439 Fox 972-22'-4675
220 £ltr¡ Street. Suite 200 . P.D. Sox 54
L""isviile. r"""s 75067
6.30082515
DATE: !O/19(20E!.- SCAlE: J- - 'OP' DRAWN BY: 1rI.B.A. CHECKED BY:--- J.D.E. NO.: -~O~
.
1
t, I"
I v
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"I
7_.
.
I
II
II
II
tt¡¡:
I I .
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::16
II
II
II
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II
II
Ii
I
\
\
\
\
\
\
\
\
\
\
\
\
\
\
LOOP 288
CONCRETE SIDE SLOPE
-------.------
.
R.O.W. - -
ED PUBLIC UTILITY ~
PROPOS EASEMENT ~-----
-
~ PROPOSECDTId"J~~~~~T'"
CONSTRU -Ì..
-
-----
-
GRAVEL
F"OXWORTH-GALBRAITH LUMBER
COMPANY OF DENTON
VOLUME 515. PAGE 333
i--->'
:::::
II
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a
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=:
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-t
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i:
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::
"ATTACHMENT 3"
Existing Ground Sign
:>&
AGENDA INFORMATION SHEET
AGENDA DATE: June 7, 2005
DEPARTMENT: Tax
Ä
ACM: Kathy DuBose
SUBJECT
Consider approval of tax refunds for the following property taxes:
Name
Reason
Tax
Y Amount
ear
6.
Wilson, Rosalyn
Duplicate Payment
2003 $ 949.04
BACKGROUND
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of
the taxing unit for refunds in excess of $500.00.
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $7,629.11.
Respectfully submitted:
~!J,WT
Diana G. Ortiz
Director of Fiscal Operations
AGENDA INFORMATION SHEET
AGENDA DATE:
June 7, 2005
DEPARTMENT:
General Government
CM/DCM/ A CM:
Betty Williams, Director of Management & Public Information
Michael A. Conduff, City Manager
SUBJECT:
Consider adoption of an ordinance of the City of Denton, Texas, on second reading, amending
Ordinance No. 2003-239 and Ordinance No. 99-094, which granted a cable television franchise
within the City; providing for an extension to the term of the franchise agreement between
Marcus Cable Associates, L.L.C., dba Charter Communications and the City, providing for
acceptance of the extension by Marcus Cable Associates, L.L.C., dba Charter Communications,
providing a cumulative clause; providing for a savings clause; providing a severability clause;
providing for engrossment and enrollment; and providing an effective date.
BACKGROUND:
Our current cable television franchise agreement with Charter Communications (Charter) expires
on June 15,2005. The cable television franchise was initially granted to Sammons
Communications on November 15, 1988, with the passage of ordinance #88-189. The franchise
was transferred to Marcus Cable Associates in November 1995 (ordinance #95-191), and
transferred again to Charter Communications in March 1999 (ordinance #99-094). Due to
various cable related issues between the City and Charter, both parties agreed to extend the terms
of the current franchise instead of working on a new cable franchise. Therefore, the current
franchise was extended in August 2003 (ordinance #2003-239).
As part of a customer service settlement agreement between the City and Charter (ordinance
#2004-181) in June 2004, both parties agreed to again extend the terms of the current franchise
to the end of the settlement agreement. Without waiving any rights under Section 626 of the
Federal Cable Act, both parties agreed to extend the current franchise through December 31,
2010, but still allow both parties to renew a cable franchise agreement at any time. This is
important because the City of Denton is part of a cable consortium that is working on a joint
effort to renew a cable franchise agreement with Charter that contains similar language for all
consortium members.
The cable television franchise is regulated by the Denton Cable Television Ordinance 88-182
(Chapter 8 of the Code of Ordinances), the agreements signed by all three cable operators over
the years, and by the Federal Cable Act. Currently, Charter pays the City a quarterly 5%
franchise fee on all cable television service gross revenues.
ADA/EOE/ADEA
www.cityofdenton.com
(TDD 800-735-2989)
6/1/05
Cable Franchise Extension
Page 2 of 2
OPTIONS:
1. Approve the ordinance extending the terms of the current cable television franchise
agreement between the City and Charter to December 31,2010, or the date upon which
the City grants or denies a franchise renewal to Charter, whichever occurs first.
2. Deny the ordinance and direct staff to continue working on renewal negotiations with
Charter.
RECOMMENDA TION
Staff recommends option #1
PRIOR ACTIONIREVIEW (Council, Boards, Commission):
1. May 24, 2005, City Council Regular Meeting
FISCAL INFORMATION:
City will continue to receive 5% of Charter Communications gross revenues as franchise fees.
Respectfully submitted:
~~
Betty Williams
Director of Management and Public Information
Prepared by:
(fC~
John Cabrales Jr.
Public Information Officer
Attachments
1. Ordinance
ADA/EOE/ADEA
www.cityofdenton.com
(TDD 800-735-2989)
8:IOur DocumentslCablelOrdinances-ResolutionslOSICharter Franchise Extension Ordinance (May 200S).DOC
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 2003-
239 AND ORDINANCE NO. 99-094, WHICH GRANTED A CABLE TELEVISION
FRANCHISE WITHIN THE CITY; PROVIDING FOR AN EXTENSION TO THE TERM OF
THE FRANCHISE AGREEMENT BETWEEN MARCUS CABLE ASSOCIATES, L.L.C., DBA
CHARTER COMMUNICATIONS AND THE CITY, PROVIDING FOR ACCEPTANCE OF THE
EXTENSION BY MARCUS CABLE ASSOCIATES, L.L.C., DBA CHARTER
COMMUNICATIONS, PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, (the "City") is empowered under §51.001 of the
Texas Local Government Code to adopt an ordinance or rule that is for the good government of the
City; and
WHEREAS, the City of Denton granted a cable television franchise to Sammons
Communications, Inc. ("Sammons") pursuant to Ordinance No. 88-189 passed by City Council on
November 15,1988 and duly accepted by Sammons which incorporates the provisions of Chapter 8
"Cable Television" of the Code of Ordinances of the City of Denton; and
WHEREAS, the City's Ordinance No. 95-191 consented to the transfer and assignment of
the Franchise and the cable television system in the City from Sammons to Marcus Cable
Associates, L.P. subject to the terms and conditions set forth in the Ordinance and in an Acceptance
Agreement dated September 12, 1995. (Ordinance Nos. 88-189 and 95-191 and the Acceptance
Agreement of September 12, 1995 are hereinafter referred to collectively as the "Franchise"); and
WHEREAS, the City's Ordinance No. 99-094 consented to the transfer and assignment of
the Franchise and the cable television system in the City from Marcus Cable Associates, L.P. to
Charter Communications subject to the terms and conditions set forth in the Ordinance and in an
Acceptance Agreement dated March 23, 1999; and
WHEREAS, on March 23, 1999, the City adopted Ordinance No. 99-094 granting a cable
television franchise within the City with an expiration date of December 15, 2003; and
WHEREAS, on August 5, 2003, the City adopted Ordinance No. 2003-239 extending the
terms of the current franchise agreement as provided for and in accordance with all applicable law,
until the earlier of either June 15, 2005, or the date upon which the City grants or denies franchise
renewal: and
WHEREAS, it is the desire of the City of Denton and is mutually agreeable to Marcus Cable
Associates, L.L.C., dba Charter Communications, to extend the terms of the current franchise
agreement, as provided for and in accordance with all applicable law, until the earlier of either
December 31, 2010, or the date upon which the City grants or denies franchise renewal, consistent
with the provisions of Section 626 of the Cable Communications Policy Act of 1984, as amended
[47 US.C. § 546], whichever occurs first. NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Incorporation of Preamble. The above and foregoing preamble is
incorporated into the body of this Ordinance as if copied herein in its entirety.
SECTION 2. Amendment Extending Agreement Term.
A.
Marcus Cable Associates, L.L.C. dba Charter Communications ("Charter") currently
has an existing cable franchise ("Franchise") with the City of Denton, Texas, under
Ordinance No. 99-094, which was passed and approved by the City Council on
March 23, 1999 and extended by Ordinance No. 2003-239. Pursuant to such
Ordinances, this Franchise is due to expire on June 15, 2005; however, the City and
Charter hereby mutually agree to be bound by the terms of this franchise either until
December 31, 2010, or until such time as the City shall formally grant or deny
franchise renewal, consistent with the provisions of Section 626 of the Cable
Communications Policy Act of 1984, as amended [47 US.C. § 546], whichever
occurs first.
B.
Accordingly the City and Charter agree to extend the terms of the Franchise until the
earlier of either December 31,2010, or the date upon which the city grants or denies
franchise renewal, consistent with the provisions of Section 626 of the Cable
Communications Policy Act of 1984, as amended [47 US.C. § 546], whichever
occurs first.
C.
This ordinance hereby amends Ordinance No. 99-094, an amendment to Ordinance
No. 95-191 and all other amending ordinances thereto; in the particulars stated in
Section hereof, and all other sections, subsections, paragraphs, sentences, phrases
and words of such Ordinances are not amended by are hereby ratified and affirmed.
SECTION 3. By its signature below, Charter, the Grantee, hereby agrees that
consideration, the receipt and sufficiency of which is hereby acknowledged, has been provided for
by the changes made herein, and agrees to be bound by and comply with such changes. Charter
further represents and agrees that the person signing below on behalf of Charter is the properly
authorized official of that corporation and has the necessary authority to execute this document and
further certifies to the City that any necessary resolution or other act extending such authority has
been duly passed and is now in full force and effect.
SECTION 4. This Ordinance shall be cumulative of all other Ordinances and shall not
repeal any of the provisions of such Ordinances except for those instances where there are direct
conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this
Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the
extent that they are inconsistent with this Ordinance.
SECTION 5. All rights and remedies of the City of Denton, Texas, are expressly saved as
to any and all violations of the provisions of any other Ordinance affecting cable franchises which
have secured at the time of the effective date of this Ordinance; and, as to such accrued violations
and all pending litigation, both civil and criminal, whether pending in court or not, under such
Ordinances same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
SECTION 6. If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance, and the City Council hereby declares it would have passed such
remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain
in full force and effect.
SECTION 7. The City Secretary of the City of Denton is hereby directed to engross and
enroll this Ordinance by copying the exact caption and effective date in the minutes of the City
Council and by filing this Ordinance in the ordinance records of the City.
SECTION 8. In accordance with Section 13.02 of the City Charter, this ordinance shall
become effective twenty-one days after final approval. The full text of this ordinance shall be
published once each week for two consecutive weeks in the official newspaper of the City, the
entire expense of which shall be borne by Charter. The City Secretary is hereby directed to publish
the full text of this ordinance in such official newspaper of the City once each week for two
consecutive weeks immediately following the passage of this ordinance on second reading.
PASSED AND APPROVED on first reading on the 24th day of May, 2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
/ ~ ~--/
~~vo-
BY:
The City of Denton, Texas, acting herein by its duly constituted authorities, hereby declares the
foregoing Ordinance passed on first reading on the - day of ; and
passed on second reading on the day of ; and being finally
effective as of the - day of
/s/
Euline Brock, Mayor
/s/
Perry McNeill, Council Member
/s/
Joe Mulroy, Council Member
/s/
Jack Thomson, Council Member
/s/
Pete Kamp, Council Member
/s/
Bob Montgomery, Council Member
/s/
Raymond Redmon, Council Member
The above and foregoing ordinance read, adopted on first reading and passed to second reading by
the following votes, this the - day of , at a regular session of the
City Council.
Euline Brock, Mayor, voting -
Pete Kamp, Council Member, voting -
Perry McNeill, Council Member, voting -
Bob Montgomery, Council Member, voting -
Joe Mulroy, Council Member voting -
Raymond Redmon, Council Member, voting -
Jack Thomson, Council Member, voting-
The above and foregoing ordinance read, adopted on the second reading and passed by the
following votes, this the - day of , at a regular session of the City
Council.
Euline Brock, Mayor, voting -
Pete Kamp, Council Member, voting -
Perry McNeill, Council Member, voting -
Bob Montgomery, Council Member, voting -
Joe Mulroy, Council Member voting -
Raymond Redmon, Council Member, voting -
Jack Thomson, Council Member, voting-
ACCEPTANCE
WHEREAS, the City Council of the City of Denton, Texas, did on the - day of
,2005 enact an Ordinance entitled:
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 2003-
239 AND ORDINANCE NO. 99-094, WHICH GRANTED A CABLE TELEVISION
FRANCHISE WITHIN THE CITY; PROVIDING FOR AN EXTENSION TO THE TERM OF
THE FRANCHISE AGREEMENT BETWEEN MARCUS CABLE ASSOCIATES, L.L.C., DBA
CHARTER COMMUNICATIONS AND THE CITY, PROVIDING FOR ACCEPTANCE OF THE
EXTENSION BY MARCUS CABLE ASSOCIATES, L.L.C., DBA CHARTER
COMMUNICATIONS, PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, said Ordinance was on the day of , 2005 duly approved
and subscribed by the Mayor of said City, and the seal of said City was thereto affixed and attested
to by the City Secretary;
NOW, THEREFORE, Marcus Cable Associates, L.L.C., dba Charter Communications,
hereby in all respects ACCEPTS, APPROVES AND AGREES TO said Ordinance, and the same
shall constitute and be a binding contractual obligation of Marcus Cable Associates, L.L.C., dba
Charter Communications, and of the City, without waiver of any other remedy by Marcus Cable
Associates, L.L.C., dba Charter Communications, does hereby file this, its written acceptance, with
the City Secretary of the City of Denton, Texas, in her office.
DATED this the
day of
,2005.
Marcus Cable Associates, L.L.C.
dba Charter Communications
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
AGENDA INFORMATION SHEET
AGENDA DATE: June 7, 2005
DEPARTMENT: Parks and Recreation
ACM: Howard Martin, 349-8232 ~
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of playing music and
operating a public address system at Fred Moore Park during the Juneteenth Celebration on June
17,2005, from 6:00 p.m. until 11 :00 p.m. and on Saturday, June 18th from 11 :00 a.m. until
12:00 p.m. The request is for an exception to the hours of operation from 10:00 p.m. until 11 :00
p.m. and 12:00 p.m.
BACKGROUND
Jackie Sasser, chairperson of the Juneteenth Celebration has submitted a request to allow them to
use amplified sound for a live musical performance after 10:00 p.m. This event commemorates
the day, June 19, 1865, when General Gordon Granger informed the slaves of Texas that the
Emancipation had been signed to make all slaves free.
The event will feature live bands, choirs and entertainment on June 1 ih and June 18th. The
Juneteenth Celebration has taken place in the Fred Moore Park for the past several years.
PRIOR ACTIONIREVIEW
None
FISCAL INFORMATION
None
EXHIBITS
1. Letter of Request
RESPECTFULLY SUBMITTED:
) i f~i, w!f
()d1d/ (llrif '
Janet Fitzgerald, Director
Parks and Recreation Department
Prepared by:
CO (}oW. YY\ ~ ~
Janie McLeod
Community Events Coordinator
1
EXECllTi V E COMMITIEE
Jackie Sasser
Chairperson
Touya Demerson
Vice-Chairperson
Nltia Harris
Secretary
Shawn Glover-WIlliams
Asst. Secretary
Nlkole Chew-Jones
Treasurer
Shamlka Wilburn-Crowley
Asst. Treasurer
Charlye Hegglns
Parliamentarian
Elundus Richard
Historian
Albert Montero
City of Denton Liaison
COMMITIEE MEMBERS
Christina Baker
Catherine Bell
Harry Bell
Cheylon Brown
Melinda Coleman
Bobby Givens
Lt. Carter
Betty Kimble
Peggy Lemon
Peternia Wasblngton
Demetria Philips
Brandl Cox
Fred Nichelson
1300 Wilson Street. Denton. Texas 76205 (940) 349-8575
May 17,2005
Janie McLeod
Community Events Coordinator
321 E. McKinney
Denton, TX 76201
Dear Janie:
This year, the city of Denton will celebrate its Annual Juneteenth Celebration. This
event commemorates the day, June 19, 1865, when General Gordon Granger
informed the slaves of Texas that President Abraham Lincoln had signed the
Emancipation Proclamation to make all slaves free. Today, American society
struggles to maintain freedom for all Americans and that is what the Juneteenth
Celebration commemorates-FREEDOM for all!
We are requesting an exception to the noise ordinance for the following events and
times:
Juneteenth Gospel Extravaganza
Friday, June 17,2005
From 6 M 11 PM
Annual Juneteenth Celebration
Saturday, June 18,2005
11 AM - Midnight
We will feature live bands, choirs and entertainment on these dates, If you need
additional information, please feel free to contact me at (940) 566-2673.
Thanks,
~ S a44ØC-
Jackie Sasser, Chairperson
Juneteenth Celebration Committee
"MORE THAN AN EVENT - IT'S AN EXPERIENCE"
www.dentonjuneteenth.org
EXHIBIT 1
AGENDA INFORMATION SHEET
AGENDA DATE: June 7, 2005
DEPARTMENT: Library System
Ä
ACM: Kathy DuBose
SUBJECT
Consider adoption of an Ordinance providing for an amendment to Chapter 2, Article V Library,
Section 2.157 of the Code of Ordinances of the City of Denton, Texas to require the payment of
an annual fee for nonresidents for a library card, providing a severability clause; providing for a
saving clause; and providing an effective date.
BACKGROUND
If the City of Denton accepts any funding from the County, the Denton Public Library must
provide a full array of library services to all County residents who live outside the Denton city
limits during the contractual year. Acceptance of any County funding also allows the County to
dictate the services Denton Public Library provides. Judge Mary Horn has been quoted as
saying, "No Internet filters, no county money." This edict takes control from our local Library
board acting on behalf of our community to define and provide constitutionally protected
information and access to information that our citizens have deemed valuable.
Currently residents of the city of Denton subsidize library services to our out-of-city users by
$28 per year. With cost of service at $33 per year for city residents, Denton County residents
currently pay only $5.30 per year. (See Exhibit A). In fact, the percentage of County funding
over a ten-year period continues to decrease from a high of 8% in 1995 to only 3% in 2005. (See
Exhibit B). The pressure on the Denton Public Library to provide more and better services with
fewer resources to not only City of Denton users, but to those who do not reside in the city limits
or own property within the city limits strains our limited funding. At a time when the demand
for library services is increasing and becoming increasingly complex, Denton County funding
has steadily decreased with a 17% reduction in funding for FY 2005 and a projected 20%
reduction in FY 2006.
OPTIONS
Continue to accept the county funding allocation for library services and supplement 97% of
general fund dollars.
Do not accept county funding and charge an equitable nonresident fee.
Agenda Information Sheet
June 7, 2005
Page 2
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
The Denton Library Board has recommended that we not accept County Funding and instead
charge an annual fee of $50 per household to nonresidents (those living outside of the city limits
of Denton) who wish to obtain a library card with unlimited borrowing privileges. City
employees and non-residents who own property within the city limits will be eligible to obtain a
library card free of charge.
FISCAL INFORMATION
Projected revenue of $118,250 for FY 2006 from nonresident fees is based on a 15% estimated
household participation of 2,365. Currently 15,785 out-of-city residents have a Denton Public
Library card.
EXHIBITS
'" Ordinance
'" Denton County Per Capita Contribution
'" Denton County Library Funding Analysis - 1995-2005
Respectfully submitted:
~Ale
Eva Poole
Director of Libraries
Exhibit A
DENTON COUNTY PER CAPITA CONTRIBUTION
LIBRARY COUNTY COUNTY PER
POP FUNDING CAPITA
PON DER 147 $ 10,777 $73.31
COPPELL 156 $ 5,830 $37.37
JUSTIN 589 $ 13,123 $22.28
KRUM 641 $ 13,400 $20.90
PILOT POINT 994 $ 15,274 $15.37
AUBREY 1,022 $ 15,421 $15.09
SANGER 1,387 $ 17,356 $12.51
PLANO 1,052 $ 10,578 $10.06
LITTLE ELM 4,200 $ 32,275 $7.68
LAKE CITIES 7,183 $ 48,096 $6.70
TH E COLONY 9,171 $ 58,644 $6.39
FRISCO 4,727 $ 30,070 $6.36
CARROLL TON 16,524 $ 87,642 $5.30
DENTON 23,851 $126,501 $5.30
FLOWER MOUND 15,530 $ 82,368 $5.30
LEWISVILLE 22,530 $119,492 $5.30
1 TOTAL 109,7041 $686,8471 $15.951
10%
EXHIBIT B
Denton County Library Funding Analysis
Denton Public Library
1995-2005
% of County Funding History
8% ~
6%
4% -
2% -
0%
- - ~ - --- -- -
1994/95
1996/97
2004/05
1998/99
2000101
2002103
S,IO", Domm"Ü~10,dimm"~IO5IAm,,,dm"Ü 2.57 lib""" "o"-,,~id,,,t [".doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
AMENDMENT TO CHAPTER 2, ARTICLE V LIBRARY, SECTION 2.157 OF THE CODE
OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO REQUIRE THE PAYMENT
OF AN ANNUAL FEE FOR NONRESIDENTS FOR A LIBRARY CARD; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVING CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Library provides an essential function to the citizens of the City of
Denton; and
WHEREAS, the costs to operate and maintain the Library are being strained by the use of
persons who do not reside in the city limits or own property within the city limits of the City of
Denton; and
WHEREAS, it is recommended by the Library Board that an annual fee for a library card
should be required for those persons who do not reside within the city limits of Denton, Texas,
except for those persons who own property within the city limits or unless they are city
employees; and
WHEREAS, the City Council finds that it is in the public interest to establish an annual
fee for a library card; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 2, Article V Library, Section 2-157 of the Code of Ordinances of
the City is hereby amended in its entirety to read as follows:
Sec. 2.157. Library cards.
An adult applicant is eligible for a library card free of charge upon making proper
application if they reside within the city limits of the City of Denton, Texas. City employees and
non-residents who own property within the city limits will also be eligible to obtain a library card
free of charge. An annual non-resident fee of $50.00 shall be charged for those living outside of
the city limits of Denton, Texas. The non-resident fee will be charged per household and not per
person, and household membership will be determined by proof of residency. The annual fee
may be amended and changed by the City Council as is deemed necessary.
SECTION 2. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid, by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
Page 1 of 2
S,IO", Domm"Ü~10,dimm"~IO5IAm,,,dm"Ü 2.57 lib""" "o"-,,~id,,,t [".doc
SECTION 3. All provisions of the ordinances of the City of Denton in conflict with the
provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the
City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force
and effect.
SECTION 4. The fee shall become effective for all non-residents upon the effective date
of this ordinance, however, for non-residents residing in Denton County it shall become effective
upon the expiration or termination of the contract with Denton County for library services, which
is scheduled to expire on September 30,2005.
SECTION 5. This ordinance shall become effective immediately from and after its
adoption and passage.
PASSED AND APPROVED this the
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY:
-~
~~/....
Page 2 of 2
AGENDA INFORMATION SHEET
AGENDA DATE:
June 7, 2005
CM/DCM/ A CM:
Planning and Development Department
Jon Fortune, Assistant City Manager ft
DEPARTMENT:
SUBJECT - Consider approval of a resolution of the City Council of the City of Denton, Texas
approving low-moderate income housing tax credits and tax exempt bonds provided by the
Texas Department of Housing and Community Affairs for Providence Place II, a multi-family
development generally located in the 3500 Block of Hudsonwood Drive in the City of Denton,
Texas; and providing an effective date.
BACKGROUND
Providence Realty is requesting that the City of Denton approve the attached resolution
expressing the City's approval of its tax-exempt bond and 4% tax credit project for the
Providence Place II, a multiple family development proposed to be located at approximately the
3500 block of Hudsonwood Drive.
If a proposed bond and tax credit development is located in a municipality that has more than
twice the state average of units per capita supported by Housing Tax Credits or Private Activity
Bonds, the applicant must obtain prior approval of the development from the governing body of
the municipality in which the proposed development is located. Since Denton has more than
twice the state average of units per capital supported by such programs, Providence Realty must
seek Denton's approval.
Providence Realty is proposing to construct Providence Place II project, composed of 252
multifamily housing units comprised of 60 one-bedroom units, 108 two-bedroom units, and 84
three-bedroom units. Providence Realty states that it is committed to renting 100% of the units
to residents with household incomes capped at 60% or below the Area Median Family Income
(AMP I), in compliance with the maximum Low Income Tax Credit rents as published by the
State.
OPTIONS
1. Approve the resolution.
2. Approve the resolution with amendments.
3. Deny the resolution.
3. Hold for further discussion.
1
ATTACHMENT
Resolution
Prepared by:
~~
Kelly Carpenter, AICP
Planning and Development Director
2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
APPROVING LOW-MODERATE INCOME HOUSING TAX CREDITS AND TAX EXEMPT
BONDS PROVIDED BY THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY
AFFAIRS FOR PROVIDENCE PLACE II, A MULTI-FAMILY DEVELOPMENT
GENERALLY LOCATED IN THE 3500 BLOCK OF HUDSONWOOD DRIVE IN THE CITY
OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Department of Housing and Community Affairs (TDHCA) has
received an application from Quail Creek South, LP, a Texas limited partnership for tax-exempt
bonds and 4% tax credits for the Providence Place II project, located at approximately the 3500
block of Hudsonwood Drive, Denton, Texas 76208; and
WHEREAS, under the rules in the 2005 Qualified Allocation Plan and Rules (QAP) , if
the development is located in a municipality that has more than twice the State average of units
per capita supported by Housing Tax Credits or Private Activity Bonds, the applicant must
obtain prior approval of the development from the governing body of the municipality in which
the proposed development is located; and
WHEREAS, as a condition for being awarded the Private Activity Bond allocation from
the Texas Bond Review Board, the Applicant has committed to renting 100% of the units to
residents with household incomes capped at 60% or below the Area Median Family Income
(AMFI), in compliance with the maximum Low Income Tax Credit rents as published by the
TDHCA;
WHEREAS, the Providence Place II project will provide needed affordable housing
while paying full property taxes assessed by th'e local taxing units; and
WHEREAS, the City of Denton desires to support the development of this housing;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION 1. The City of Denton approves and supports the Providence Place II project,
limited to a maximrun of 252 multifamily housing units comprised of 60 one bedroom units, 108
two bedroom units, and 84 three bedroom units located at approximately the 3500 block of
Hudsonwood Drive, Denton, Texas 76208 and further supports the award of tax-exempt bonds
and 4% low income housing tax credits pursuant to §49.5(a)(7)-(8) of the Qualified Allocation
Plan, subject to the conditions set forth herein.
SECTION 2. Prior to receiving a conditional City of Denton building pennit required by
TDHCA prior to closing on the tax credits, the Project Developer will comply with the City of
Denton Building InspectiQn Department with regard to security related design standards and
other site design standards required by the City of Denton.
SECTION 3. The City Manager is authorized to deliver a copy of this resolution to the
Applicant and the TDHCA with a written statement of support by the City Council referencing
§49.5(a)(7)-(8) of the Qualified Allocation Plan, subject to the conditions set forth herein.
SECTION 4. This resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED this the
day of
,2005.
EULINE BROCK, MAYOR
ATTEST: .
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY:
Page 2