HomeMy WebLinkAboutJanuary 3, 2006 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
January 3, 2006
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, January 3, 2006 at 5:00 p.m. in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
1. Receive a report, hold a discussion, and give staff direction regarding construction of a
new Denton Municipal Electric Administration and Engineering facility in an amount not
to exceed $450,000. The Public Utilities Board recommends approval (7-0).
2. Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of January 3, 2006.
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. Consultation with Attorney - Under Texas Government Code Section 551.071
1. Consultation with the City's attorneys regarding legal issues, including
defense of pending litigation filed by JNC Denton Partners, LLC,
associated with annexation of real property in the City's northern ETJ,
under annexation case no. A05-0002, along with other legal issues related
to the annexation, including zoning, land use and subdivision controls, plat
applications, annexation plans, development agreements, annexation
agreements, service plans, utility service, and legal issues implicated by
alternative proposals advanced by individuals owning property within the
proposed annexation area. A public discussion of these legal matters
would conflict with the duty of the City's attorneys to the City Council
under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas or would jeopardize the City's legal position in any
administrative proceedings or potential litigation.
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. GOVT CODE, ~551.001, ET SEO. (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.
City of Denton City Council Agenda
January 3, 2006
Page 2
Regular Meeting of the City of Denton City Council on Tuesday, January 3, 2006 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. U.S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
2. PROCLAMA TIONS/PRESENTA TIONS
A. Proclamations/Awards
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 - I). 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 - I below will be approved with one motion. If
items are pulled for separate discussion, they will be considered as the first items following
approval of the Consent Agenda.
A. Consider approval of a resolution revising Administrative Policy 403.07 "Debt
Service Management" and providing for an effective date.
B. Consider adoption of an ordinance approving an Extension of Personal and
Professional Services Consulting Contract between the City of Denton and
Herbert L. Prouty, LLP; authorizing the expenditure of funds; and providing an
effective date.
C. Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for the purchase of aquatic chemicals for the Parks Department;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3425 - Annual Contract for Purchase of Aquatic Chemicals awarded to the
lowest responsive bidder for each item in the annual estimated amount of
$70,000).
D. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of the Southwest Booster Pump Station
facility for the City of Denton W ater/W astewater Utilities Division; providing for
the expenditure of funds therefor; and providing an effective date (Bid 3410 -
Southwest Pump Station and Ground Storage Tank awarded to Red River
Construction Co. in the amount of $4,703,000). The Public Utilities Board
recommends approval (7-0).
City of Denton City Council Agenda
January 3, 2006
Page 3
E. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of the Unicorn Lake-Denton State
School brick screening wall; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3422 - Unicorn Lake-Denton State School Brick
Screening Wall Improvement Project awarded to Calvert Paving Corp. in the
amount of $98,000).
F. Consider approval of the minutes of:
December 5, 2005
December 6, 2005
December 13, 2005
G. Consider adoption of an ordinance of the City of Denton, Texas providing for the
amendment and correction of the Schedule of Miscellaneous Fees, Deposits,
Billings and Procedures for Administrative Services to City Customers and
Taxpayers contained in Ordinance No. 2005-254 regarding delinquent service
charges only; providing for a repealer; providing for a severability clause; and
providing for an effective date. The Public Utilities Board recommends approval
(7 -0).
H. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas authorizing the City Manager to execute a Professional Services Agreement
for Architectural or Engineering Services by and between the City of Denton,
Texas and Birkhoff, Hendricks & Conway, L.L.P. for engineering services
associated with the repainting and rehabilitation of the high school elevated
storage tank in the amount of $99,610; providing for the expenditure of funds
therefor; and providing an effective date. The Public Utilities Board recommends
approval (7-0).
I. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas amending Chapter 2, Article IV, Division 2 "City Owned Real Property" of
the Code of Ordinances of the City of Denton, Texas; providing a severability
clause; and providing an effective date.
4. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance regarding the
rezoning of approximately 0.713 acres from a Neighborhood Residential Mixed
Use (NRMU-12) zoning district to a Neighborhood Residential Mixed Use
(NRMU) zoning district with an overlay district. The subject property is located
at the northwest corner of Westway and Anna intersection. The Planning and
Zoning Commission recommends approval (6-1). (Z05-0027, Point Bank)
B. Hold a public hearing and consider adoption of an Alternative Development Plan
for a proposed laundry on approximately 0.40 acres. The subject property is
generally located at the northeast corner of McKinney Street and Wood Street
intersection and in a Neighborhood Residential Mixed Use (NRMU) zoning
district. The Planning and Zoning Commission recommends approval (7-0).
(ADP04-0007, Klement Laundry)
City of Denton City Council Agenda
January 3, 2006
Page 4
C. Hold a public hearing and consider adoption of an ordinance rezoning
approximately 20 acres of land, from a Neighborhood Residential 2 (NR-2)
zoning district to a Neighborhood Residential Mixed-Use (NRMU) zoning district
with an overlay district and located approximately 2600 feet south of Brush Creek
Road and east of Fort Worth Drive. The Planning and Zoning Commission
recommends approval (7-0). (Z05-0029, Argyle United Methodist Church)
D. Hold a public hearing and consider adoption of an ordinance amending portions
of Section 35.13.7 of the Denton Development Code, defining professionals
qualified to submit tree inventories; providing for a penalty clause with a
maximum amount of $2,000.00 for violations thereof; and providing an effective
date. The Planning and Zoning Commission recommends approval (7-0). The
City Council Tree Subcommittee recommends approval. (DCA 05-000 7, Tree
Preservation Ordinance 35.13. 7)
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance authorizing the Mayor to approve a first
amendment to that certain Economic Development Program Grant Agreement
with Teasley Partners, Ltd. to extend the dates of substantial completion of the
improvements covered by the grant agreement from December 31, 2005 to
December 31, 2006; and providing an effective date. The Economic
Development Partnership Board recommends approval (4-0).
B. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas providing for the City's adoption of the Clean Fleet Vehicle Model
Ordinance proposed by the Regional Transportation Council which is the
Regional Transportation Policy body associated with the North Central Texas
Council of Governments; providing for an effective date. The Environmental
Committee and the Mobility Committee recommend approval.
C. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Willie Hudspeth regarding concerns of Southeast Denton.
B. Gerald DeMarsh regarding the Police Department.
C. Carolyn Phillips regarding community development and elderly
black homeowners.
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
City of Denton City Council Agenda
January 3, 2006
Page 5
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.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of ,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:
January 3, 2006
CM:
Water Administration
Howard Martin, Utilities 349-8232 ..
DEPARTMENT:
SUBJECT
Receive a report hold a discussion give staff direction regarding construction of a new
Denton Municipal Electric Administration and Engineering facility in an amount not to
exceed $450,000. (The Public Utilities Board recommends approval 7-0.)
BACKGROUND
The City of Denton has two separate engineering groups. The Denton Municipal Electric
(DME) Engineering Division provides all engineering services for DME projects. The
DME Engineering Division is currently housed at the Service Center. The Utility and
CIP Engineering (UCIP) Department provides engineering services for Water,
Wastewater, Streets, and Drainage projects. The UCIP Department is housed at City Hall
East. Both DME and Water Utilities believe that geographically combining their
Engineering Divisions with their operations staff will increase overall departmental
efficiency.
DME's construction, dispatch, and metering staff are presently located in a building next
to the DME pole yard at the Spencer facility. DME's engineering, analysis,
communications, and administrative functions are located in the Service Center. This
physical separation reduces cooperation between the various divisions within the
departments. Engineers are less likely to develop an understanding of the practical
challenges faced by operations personnel and construction personnel are less likely to
collaborate on the development and final construction of a project. It is often difficult to
discuss technical issues over the phone because of the inability to jointly refer to
drawings, blueprints, maps, and technical manuals. The ability to simply "walk next
door" and talk face to face about an issue greatly increases the chances that collaboration
will occur, resulting in a better end product, less tension between functional areas, and
improved moral. Co-locating the engineering and operations functions for Electric and
Water should resolve many of these issues and increase overall departmental efficiency,
performance, and morale.
The Service Center is an asset of both DME and Water Utilities. Due to the co-
ownership of the building, Water Utilities will, in effect, be purchasing DME's second
floor office space and some furnishings for $450,000, providing DME the funds to construct
the new facility.
New Facilitv
The building DME proposes to construct will only be sufficient to house the DME
employees presently located on the second floor of the Service Center. DME's
Communications group is located on the first floor. Due to their need for vehicle service
bays and office space, relocation of that group will have to be postponed until additional
funding becomes available.
The proposed Electric Administration Facility will be located adjacent to the Spencer
Operations Center. The property is owned by Denton Municipal Electric and is not
located within the city limits. The facility will meet all city standards including design,
landscape and life safety requirements. The design of the facility allows for two
construction options: traditional or metal building with a fa<;ade. The cost and
availability of materials at the time of construction will determine which option will be
used. DME is committed to using the most cost effective materials and means available.
To this end, DME will provide an onsite project manager, who has previous building
experience and is also a longtime DME employee, to act as a general contractor. Where
applicable, existing contracts will be used to expedite the process and ensure lowest cost
of materials (i.e. slab). DME staff will evaluate the availability of surplus materials and
incorporate them into the construction where possible. Surplus materials could include
free standing and panel furniture as well as carpet. The proposed facility is 7,749 square
feet with an approximate cost of $362,000. The cost per square foot is approximately
$47.00. With the uncertainty surrounding building materials a contingency of 25 percent
is proposed for this construction project, bringing the total cost to $452,000. DME is
asking for the approval to construct this facility with a budget not to exceed $450,000.
Service Center
As proposed, the Service Center will house the UCIP Engineering Department, and
construction operations for Water, Wastewater, Drainage, and Streets. The space created
by DME's move will be adequate to house all of the UCIP personnel currently located at
City Hall East. As will be true for Electric, the ability for Water engineering and
operations staff to talk face to face will help expedite the resolution of issues as they arise
with projects.
The Water Department considers this to be an excellent opportunity to improve
efficiencies in both the Water and Electric Department. The construction approach being
proposed by Electric will provide for low cost office space for their facility and the Water
Department will benefit by receiving a comparable amount of office space at the Service
Center.
City Hall East
The transfer of the Electric and Water Utilities Engineering department's will leave City
Hall East available for use. It has been discussed that Planning will move from City Hall
West to City Hall East. Following Planning's move, Parks would then transfer their
administrative staff from the Service Center, Civic Center, and various recreation
facilities around the city to City Hall West.
The Engineering department relocations will not impact the development review process
as development review is currently being conducted by Planning under the coordination
of the Development Review Coordinator. To facilitate a timely and thorough review, the
Development Review Coordinator works closely with Operations staff, the Traffic and
Drainage engineers, and an outside consultant. Development review input from city staff
member is provided during weekly meetings held at the Service Center.
OPTIONS
Option 1 - Move forward with construction of DME Administration and Engineering
Facility and relocate UCIP Engineering to the Service Center.
Option 2 - Continue to house DME Administration and Engineering at the Service
Center and UCIP Engineering at City Hall East.
RECOMMENDA TION
Staff recommends approval of Option 1.
PRIOR ACTIONIREVIEW (Council. Boards. Commissions)
PUB October 24,2005 - Voted 7-0 to move forward with construction ofDME
Administration and Engineering Facility and relocate UCIP Engineering to the Service
Center
FISCAL INFORMATION
DME will receive funds from Water Utilities to construct the facility in an amount not to
exceed $450,000. Water and Wastewater will each pay $225,000 from rate revenues over
and above expenditures. The UCIP Engineering group currently housed at City Hall East
pays approximately $88,000 annually in building rental, maintenance, and utilities for the
use of 8,696 square feet. The elimination of this expenditure will help offset the transfer
of funds to DME.
BID INFORMATION
None
EXHIBITS
1. October 24, 2005 PUB Meeting Minutes
Respectfully submitted,
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Jim Coulter, Director
Water Utilities
AGENDA
PUBLIC UTILITIES BOARD
OCTOBER 24, 2005
Mter determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Public Utilities Board convened into an Open Meeting on Monday, October 24,2005 at
9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street,
Denton, Texas.
Present:
Bob Bland, John Baines, Bill Cheek, Phil Gallivan, George Hopkins,
Charldean Newell, Dick Smith
EX OFFICIO MEMBERS
Michael Conduff, City Manager
Howard Martin, ACM. /Utilities
ITEMS FOR INDIVIDUAL CONSIDERATION:
1) Consider recommending approval of the Public Utilities Board meeting minutes of:
a. October 3, 2005
The minutes were approved as circulated.
2) Receive a report, hold a discussion, and give staff direction regarding construction of a new
Denton Municipal Electric Administration and Engineering facility in an amount not to
exceed $450,000.
Jim Coulter, Water/Wastewater Director presented this item. He discussed with the Board how
DME had been considering the construction of an Administration and Engineering Office at the
Spencer location for some time. Along with the need to consolidate Engineering Group for
Water, Wastewater, Streets and Drainage Operation, centralization of staff has become a concern
for both groups.
Coulter explained that the W ater/W astewater Department has proposed to purchase the upstairs
office space at the Service Center currently occupied by Electric Department personnel for no
more than $450,000. Electric Administration would then construct a new facility at the Spencer
location. He continued that this project is considered to be an excellent opportunity to improve
efficiency in both departments.
Hopkins stated that the presentation material was confusing. Hopkins also stated that if the item
is to be presented to Council the staff report should be clarified and more succinct, specifically
identifying the different engineering groups.
Several Board members inquired about the source of funding for this project.
Howard Martin, ACM/Utilities, responded that the funds are from rate revenues over and above
expenditures. Martin stated that usually these excess funds are directed into the rate stabilization
fund; Staff is asking, instead, to use the funds for this proj ect.
EXHIBIT 1
Public Utilities Board
October 24, 2005
Page 2
Board Member Bob Bland asked if the proposed cost included furniture. Sharon Mays, Electric
Utility Director, responded that a few panel systems will be purchased. But, the majority of the
new facility will be furnished with existing furniture. She continued that some of the
construction and painting will be performed by staff in an effort to keep down expenses.
Board Member Bob Bland moved to approve with a second from Board Member Phil
Gallivan. The motion was approved by a vote of 7-0.
AGENDA INFORMATION SHEET
AGENDA DATE:
January 3, 2006
DEPARTMENT:
Fiscal Operations
ACM:
Jon Fortune
II
SUBJECT
Consider approval of a resolution revIsmg Administrative Policy 403.07 "Debt Service
Management" and providing for an effective date.
BACKGROUND
The City's Debt Management Policy 403.07 (Policy) was developed in 1995 and adopted by
Council on March 5, 1996. The Policy provides general guidelines by which the City of Denton
will issue debt and addresses the issues of process, use, and limitations. Due to recent changes in
department and staff titles an update in the Policy is required.
PRIOR ACTIONIREVIEW
The Debt Management Committee met on November 15, 2005, and unanimously approved
minor updates, specifically updating staff and department titles (see attachment), and
recommended that the policy be forwarded to Council for approval.
FISCAL INFORMATION
There is no fiscal impact to the City.
EXHIBITS
Revised Debt Policy
Resolution
Respectfully submitted:
~.~~,-
I~
Diana G. Ortiz
Chief Financial Officer
CITY OF DENTON
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE
PAGE 1 OF 19
SECTION: FINANCE REFERENCE NUMBER:
403.07
SUBJECT: DEBT MANAGEMENT INITIAL EFECTIVE DATE:
03/05/96
TITLE: DEBT SERVICE MANAGEMENT LAST REVISION DATE:
09/27/00
POLICY STATEMENT
This policy shall provide general guidelines by which the City of Denton (the City) will
issue debt. It is the objective of this policy that (1) the City obtain financing only when
necessary, (2) the process for identifying the timing and amount of debt or other
financing, proceed as efficiently as possible, and (3) the most favorable interest rate and
other costs be obtained.
This debt management policy applies to the financing activities of the City of Denton,
Texas. It also addresses the issues of process, use and limitations. Obligations will be
timed for issuance and delivery of proceeds as close as possible to the time that contracts
are expected to be awarded so that the proceeds are spent in the most efficient manner.
ADMINSTRA TIVE PROCEDURES
I. DEBT MANAGEMENT COMMITTEE
A. Members
The Debt Management Committee (the Committee) consists of the City Manager,
Assistant City Manager of Utilities(Utilities ), Assistant City Manager of Fiscal
and Municipal Services(Finance), Director of Fiscal OperationsChief Financial
Officer, Director of Management and Budget(Chief Budget Officer); and,
financial advisor and bond counsel as ex-officio members.
B. Scope
The Committee shall meet as necessary to review the debt program. Included in
its discussions will be such topics as: the Capital Improvement Program, status of
financed projects, timing of additional financing needs, the effect of proposed
financing activity on the related rates supporting the debt (i.e. property tax rate,
utility rates, user fees, etc.).
Page 2 of 19
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE (Continued)
REFERENCE NUMBER:
403.07
DEBT SERVICE MANAGEMENT
TITLE:
II. RESPONSIBILITY AND STANDARD OF CARE
The Fiscal and Municipal Services Department will coordinate all activities required for
the issuance of all debt.
A. Delegation
The primary individual who shall be involved in the development of financing
recommendations will be the Director of Fiscal OperationsChief Financial
Officer. The Assistant City Manager of Fiscal and Municipal Services(Finance)
shall be responsible for all debt financing activities and shall establish a system of
controls to regulate the activities of the Director of Fiscal OperationsChief
Financial Officer.
B. Conflicts ofInterest
All participants in the debt management process shall seek to act responsibly as
custodians of public assets. Officers and employees involved in the debt
management process shall refrain from personal business activity that could
conflict with proper execution of the financing program, or which could impair
their ability to make impartial financing decisions.
C. Reporting
The Director of Fiscal OperationsChief Financial Officer shall prepare at least
annually a report summarizing all debt outstanding by type (tax supported and
revenue backed), remaining balance of bond proceeds, update of arbitrage
liability, and update of pertinent legislative changes.
D. Investor Relations
The City shall endeavor to maintain a positive relationship with the investment
community. The Director of Fiscal OperationsChief Financial Officer and the
City's financial advisor shall, as necessary, prepare reports and other forms of
communications regarding the City's indebtedness, as well as its future financing
plans. This includes information presented to the press and other media. The
information includes annual program of services, comprehensive annual financial
report, financial plans, capital improvement plans, comprehensive development
plans, etc.
All forms of media deemed appropriate and immediately available to the City will
be utilized to disseminate information to all investors. Examples include Texas
Municipal Report, The Bond Buyer, Nationally Recognized Municipal Security
Page 3 ofl9
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE (Continued)
REFERENCE NUMBER:
403.07
DEBT SERVICE MANAGEMENT
TITLE:
Information Repository and State Information Depository. Bond counsel will
advise on the use of electronic media in connection with the City's debt program.
E. Financial Advisor
The City shall retain an independent financial advisor for advice on the
structuring of new debt, financial analysis of various options, the rating review
process, marketing debt issues, marketability of City obligations, sale and post-
sale services, the review of the official statement and other services as necessary.
The City will seek the advice of the financial advisor on an ongoing basis. The
financial advisor will perform other services as defined by the agreement
approved by the City Council.
F. Bond Counsel
The City shall retain bond counsel for legal and procedural advice on all debt
issues. Bond counsel shall advise the City Council in all matters pertaining to its
bond ordinance(s) and/or resolution(s). No action shall be taken with respect to
new obligations until a written instrument has been prepared by the bond
attorneys certifying the legality of the proposal. The bond attorneys shall prepare
all ordinances and other legal instruments required for the execution and sale of
any bonds issued which shall then be reviewed by the City Attorney and Director
of Fiscal OperationsChief Financial Officer. The City will also seek the advice of
bond counsel on all other types of debt and on any other questions involving
federal tax or arbitrage law. Special counsel shall be retained to protect the City's
interest in complex negotiations and comment review.
III. OFFICIAL STATEMENT
The preparation of the Official Statement is the responsibility of the financial advisor in
concert with the Director of Fiscal OperationsChief Financial Officer under the
supervision of the Assistant City Manager of Fiscal and Municipal Services(Finance).
Information for the Official Statement is gathered from departments/divisions throughout
the City.
The City will take all appropriate steps to comply with the federal disclosure rules (i.e.,
Securities and Exchange Commission Rule 15C2-12). The City will provide annual and
event disclosure to information repositories throughout the term of securities for the
benefit of the primary and secondary municipal market.
IV. DISCLOSURE
Page 4 of 19
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE (Continued)
REFERENCE NUMBER:
403.07
DEBT SERVICE MANAGEMENT
TITLE:
A. With each bond offering, and at least annually, in the preparation of Financial
Reports or Official Statements of any bond prospectus, the City will follow a
policy of full and complete disclosure of financial and legal conditions of the
City, in conformance with guidelines issued by the Government Finance Officers
Association Disclosure Guideline, and as advised by disclosure counsel or
financial advisor. Furthermore, all City finance and debt-related information
which may appear in publicly distributed documents in anticipation of the
issuance of bonds by the City Enterprise Funds, Redevelopment Agency or
Housing Authority should be reviewed by the Finance Department prior to
distribution to ensure that the information is presented on an accurate and
consistent basis.
B. Material Events
Securities and Exchange Commission (SEC) Rule 15c2-12 lists eleven events
that, if material, must be reported in a timely fashion to each Nationally
Recognized Municipal Security Information Repository (NRMSIR) or to the
Municipal Security Rulemaking Board (MSRB) and to the appropriate State
Information Depository (SID).
The events that must be reported, if material, are:
1. Principal and interest payment delinquencies;
2. Nonpayment related defaults;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions or events affecting the tax-exempt status of the security;
7. Modifications to rights of security holders;
8. Bond calls;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the securities;
11. Rating changes.
Unofficially considered, the twelfth material event to be reported is the failure of any
obligated person to provide the required annual financial information on or before the
date specified in the related undertaking. According to the SEC, this requirement would
be satisfied if a disclosure contract states that the annual information would be provided
within a specified number of days after the fiscal year end.
Full disclosure of the operations will be made to the bond rating agencies. The City staff,
with the assistance of the financial advisors and bond counsel, will prepare the necessary
materials for and presentation to the rating agencies.
v. RATING AGENCY COMMUNICATIONS & CREDIT OBJECTIVES
Page 5 ofl9
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE (Continued)
REFERENCE NUMBER:
403.07
DEBT SERVICE MANAGEMENT
TITLE:
The City will seek to maintain and improve its current bond rating so its borrowing costs
are reduced to a minimum and its access to credit is preserved.
In conjunction with the financial advisor, the City shall maintain a line of communication
with the rating agencies (Moody's, Standard & Poor's, and Fitch), informing them of
major financial events in the City as they occur. The Comprehensive Annual Financial
Report, Annual Program of Services, and Capital Improvement Plan, shall be distributed
to the rating agencies after they have been accepted/adopted by the City Council on an
annual basis.
When necessary, a personal meeting with representatives of the rating agencies will be
scheduled when a major capital improvement program is initiated, or to discuss
economical and/or financial developments which might impact credit ratings. The
following documents may be required for the rating agencies:
Most recent annual audit reports, including a description of accounting
practices. Accounting changes in the past three years and the impact on
financial results should be explained.
Current budget.
Current capital improvement program/plan.
Official statements for new financings.
Description of projects being financed.
Sources and uses statement for project being financed. If additional funds are
required to complete project, the source of the funds and any conditional
requirements will be discussed.
Engineering and feasibility report (if applicable).
Zoning or land-use map (if applicable).
Cash flow statement, in the case of interim borrowing. Statement of long -
and short-term debt with annual and monthly maturity dates as appropriate.
Also, a report of any lease obligations, their nature and term.
Indication of appropriate authority for debt issuance
Investment policy (if applicable).
Statement concerning remaining borrowing capacity plus tax rate and levy
capacity or other revenue capacity.
VI. LIMITATIONS OF INDEBTEDNESS
City staff, in conjunction with the financial advisor and bond counsel, will produce a
comprehensive analysis of debt capacity prior to issuing bonds. This document should
cover a broad range of factors, including:
· Legal debt limits, tax or expenditure ceilings.
Page 6 of 19
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE (Continued)
REFERENCE NUMBER:
403.07
DEBT SERVICE MANAGEMENT
TITLE:
· Coverage requirements or additional bonds tests in accordance with bond
covenants.
· Measures of the tax and revenue base, such as projections of relevant economic
variables (e.g., assessed property values, employment base, unemployment
rates, income levels, and retail sales).
· Population trends.
· Utilization trends for services underlying revenues.
· Factors affecting tax collections, including types of property, goods, or services
taxed, assessment practices and collection rates, evaluation of trends relating to
the City's financial performance, such as revenues and expenditures, net
revenues available after meeting operating requirements.
· Reliability of revenues expected to pay debt service.
· Unreserved fund balance levels.
· Debt service obligations, such as existing debt service requirements.
· Debt service as a percentage of expenditures or tax or system revenues.
· Measures of debt burden on the community, such as debt per capita, debt as a
percentage of personal income, debt as a percentage of full or equalized
assessed property value, and overlapping or underlying debt.
· Tax-exempt market factors affecting interest costs, such as interest rates,
market receptivity, and credit rating.
The City has both revenue bonds and other indebtedness of the Electric, Water,
Wastewater, and Solid Waste Funds. The City will endeavor to maintain two coverage
ratios as provided in the City's outstanding bond covenants (e.g. 1.25 and/or 1.50 times,
or as required by individual bond covenants).
The Electric, Water, Wastewater, and Solid Waste Funds' total long-term debt
outstanding shall not exceed the amount of combined fund equity.
VII. TYPES OF DEBT
The City's bond counsel and financial advisor will present the different types of debt best
suited and legally permissible under state law for each debt issue. These types may
include:
· short-term vs. long-term debt,
· general obligation vs. revenue debt,
· fixed vs. variable rate debt,
· lease-backed debt,
· special obligation debt such as assessment district debt,
· conduit issues, and
· taxable debt;
Page 7 ofl9
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE (Continued)
REFERENCE NUMBER:
403.07
DEBT SERVICE MANAGEMENT
TITLE:
A The City will seek all possible federal and state reimbursement for mandated
projects and/or programs. The City will pursue a balanced relationship between
issuing debt and pay-as-you-go financing.
B. The City will match the term oflong-term debt issued up to the life of the projects
financed. Current operations will not be financed with long-term debt.
Debt incurred to finance capital improvements will be repaid within the useful life
of the proj ect.
C. High priority will be assigned to the replacement of capital improvements when
they have deteriorated to the point there they are hazardous, incur high
maintenance costs, negatively affect property values, or no longer serve their
intended purposes.
D. An updated Capital Improvement Plan will be presented to the City Council for
approval on an annual basis. This plan will be used as a basis for the long-range
financial planning process.
VIII. BOND STRUCTURE
Structural features that may be considered are:
· maturity of the debt,
· setting the maturities of the debt equal to or less than the useful life of the
proj ect,
· use of zero coupon bonds, capital appreciation bonds, deep discount bonds, or
premium bonds,
· debt service structure (level debt service payments, level principal
payments or other repayment structure defined by state law),
· redemption provisions (mandatory and optional call features),
· use of credit enhancement,
· use of senior lien and junior lien obligations, and
· use of derivative products;
IX. SHORT - TERM DEBT
A. General
Short-term obligations may be issued to finance projects or portions of projects
for which the City ultimately intends to issue long-term debt; i.e., it will be used,
when appropriate, to provide interim financing which will eventually be refunded
with the proceeds of long-term obligations.
Page 8 ofl9
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE (Continued)
REFERENCE NUMBER:
403.07
DEBT SERVICE MANAGEMENT
TITLE:
Short-term obligations may be backed with a tax and/or revenue pledge or a
pledge of other available resources.
Interim financing may be appropriate when long-term interest rates are expected
to decline in the future. In addition, some forms of short-term obligations can be
obtained quicker than long-term obligations and thus can be used until long-term
financing can be obtained.
B. Commercial Paper
Due to the issuance costs associated with the marketing and placement of
commercial paper in amounts of less than approximately $25 million, it is not
considered feasible for the City of Denton to issue this type of debt. Should the
opportunity to participate in a commercial paper issuance pool present itself, the
advantages and disadvantages shall be evaluated by the Director of Fiscal
Operati onsChi ef Financial Offi cer.
C. Anticipation Notes
Anticipation notes empower municipalities to issue debt without giving notice of
intent. Anticipation notes may be secured and repaid by a singular pledge, but not
a plural pledge, of revenue, taxes, or the proceeds of a future debt issue.
Anticipation notes may be authorized by an ordinance adopted by the City
Council.
Anticipation notes may be used to finance projects or acquisitions that could also
be financed with Certificates of Obligation.
Anticipation notes have several restrictions, which include:
1) Anticipation notes issued for general purposes must mature before the seventh
anniversary of the date the attorney general approves the issue,
2) Anticipation notes may not be used to repay interfund borrowing or a
borrowing that occurred up to/or more than 24-months prior to the date of
Issuance,
3) A governing body may not issue anticipation notes that are payable from bond
proceeds unless the proposition authorizing the issuance of the bonds has
already been approved by the voters.
x. LONG- TERM DEBT
A. General
Page 9 of 19
TITLE:
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE (Continued)
REFERENCE NUMBER:
403.07
DEBT SERVICE MANAGEMENT
Proceeds from the sale of long-term obligations will not be used for operating
purposes, and the life of the obligations will not exceed the estimated useful life
of the proj ects financed.
A level debt service structure will be used unless operational matters and
marketing considerations dictate otherwise.
The cost of issuance of private activity bonds is usually higher than for
governmental purpose bonds. Consequently, private activity bonds will be issued
only when they will economically benefit the City.
The cost of taxable debt is higher than for tax-exempt debt. However, the
issuance of taxable debt may be more appropriate in some circumstances and may
allow valuable flexibility in subsequent contracts with users or managers of the
improvement constructed with the bond proceeds. Therefore, the City will
usually issue tax-exempt obligations but may occasionally issue taxable
obligations.
B. Bonds
Long-term general obligation or revenue bonds shall be issued to finance
significant and desirable capital improvements. The general obligation bonds will
be used for purposes set forth by voters in bond elections.
General obligation bonds will strive to have an average life of approximately
fifteen (15) years or less, and revenue bonds will strive to have an average life of
approximately twenty (20) years or less.
A resolution of intent to issue bonds authorizing staff to proceed with preparations
shall be presented for the consideration of the City Council when the capital
budget is presented or as soon thereafter as reasonably possible.
Unless a compelling reason is identified by the Debt Committee, all bonds issued
for the purpose of supplying new monies as needed for current, ongoing public
improvements shall be sold at a public, competitive sale based upon sealed bids
pursuant to terms and conditions specified in the City's Home Rule Charter which
requires "the publication of a proper notice of sale in a national publication which
regularly includes municipal bond sale notices, stating pertinent facts relating to
the proposed sale including, but not limited to, the time, the date, and the place
(which shall be in the City of Denton) that all sealed bids will be publicly opened,
read, and tabulated before the City Council. The date advertised for opening of
the bids shall be not less than 30 days from the date of publication."
C. Certificates of Obligation
Page 10 ofl9
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE (Continued)
REFERENCE NUMBER:
403.07
DEBT SERVICE MANAGEMENT
TITLE:
Certificates of obligation may be issued to finance permanent improvements and
land acquisition, the need for which arose between bond elections. In addition,
they may also be used to finance costs associated with capital project overruns or
to acquire equipment.
In accordance with state law, a resolution authorizing publication of notice of
intent to issue certificates of obligation shall be presented for the consideration of
the City Council. The notice of intent shall be published in a newspaper of
general circulation in the City once a week for two consecutive weeks with the
first publication to be at least fifteen (15) days prior to the sale date.
Certificates of obligation may be backed by a tax pledge under certain
circumstances as defined by law. They may also be backed by a combination tax
and revenue pledge eligible under state law. Some revenues are restricted as to
the uses for which they may be pledged. Electric, Water, Wastewater, and Solid
Waste revenues may be pledged without limit for Electric, Water, Wastewater,
and Solid Waste purposes but may only be pledged up to $10,000 for non-utility
system purposes.
D. Public Property Finance Contractual Obligation
Public property finance contractual obligations may be issued to finance the
acqui si ti on of personal property.
E. Revenue Bonds
In addition to the policies set forth above, when cost-beneficial and when
permitted under applicable ordinances, the City may consider the use of surety
bonds, lines of credit, or similar instruments to satisfy mandated debt service fund
requirements on outstanding and/or proposed revenue bonds.
XI. REFUNDING AND RESTRUCTURING OPTIONS
The City shall consider refunding debt whenever an analysis indicates the potential for
present value savings of approximately 3.5% of the debt service being refunded or if
beneficial to the City in another way.
XII. METHOD OF SALE
A. Competitive Sale
Page 11 ofl9
TITLE:
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE (Continued)
REFERENCE NUMBER:
403.07
DEBT SERVICE MANAGEMENT
When feasible and economical, obligations shall be issued by competitive rather
than negotiated sale. Favorable conditions for a competitive method of sale
include the following:
· The market is familiar with the issuer, and the issuer is a stable and regular
borrower in the public market.
· An active secondary market with a broad investor base for the issuer's bonds.
· The issue is neither too large to be easily absorbed by the market nor too small
to attract investors without a concerted sales effort.
· The issue is not viewed by the market as carrying overly complex features or
requiring explanation as to the bonds' soundness.
· Interest rates are stable, market demand is strong, and the market is able to
absorb a reasonable amount of buying or selling at reasonable price changes.
B. Negotiated Sale
Bonds issued for the purpose of refunding and/or restructuring outstanding debt
may appropriately be sold on a negotiated basis when maximum flexibility is
required in order for the City to respond to day-to-day nuances in the marketplace
and other complications peculiar to the issuance of refunding debt. Whenever the
option exists to sell an issue on a negotiated basis, an analysis of the options shall
be performed to aid in the decision-making process.
The City will present the reasons and will actively participate in the selection of
the underwriter or direct purchaser.
In a negotiated sale, the underwriter may be selected through a request for
proposals (RFP) or because of a relationship established by previous debt
transactions. The criteria used to select an underwriter in a negotiated sale should
include the following:
· Overall experience
· Marketing philosophy
· Capability
· Previous experience as managing or co-managing partner
· Financial statement
· Public finance team and resources
· Breakdown of underwriter's discount
C. Private Placement
When cost-beneficial, the City may privately place its debt. Since no underwriter
participates in a private placement, it may result in lower cost of issuance. Private
placement is sometimes an option for small issues. The opportunity may be
identified by the financial advisor.
Page 12 of 19
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE (Continued)
REFERENCE NUMBER:
403.07
DEBT SERVICE MANAGEMENT
TITLE:
D. Bidding Parameters
The notice of sale will be carefully constructed so as to ensure the best possible
bid for the City, in light of existing market conditions and other prevailing factors.
Parameters to be examined include:
· Limits between lowest and highest coupons
· Coupon requirements relative to the yield curve
· Method of underwriter compensation, discount, or premium coupons
· Use of true interest cost (TIC) versus net interest cost (NIC)
· Use of bond insurance
· Deep discount bonds
· Variable rate bonds
· Call provisions
XIII. INVESTMENT OF BOND PROCEEDS
A. Strategy
The City should actively monitor its investment practices to ensure maximum
returns on its invested bond funds while complying with Federal arbitrage
guidelines. Specific investment strategies for the investment of bond proceeds are
provided in the City's investment policy #408.04.
B. Arbitrage Compliance
The City will follow a policy of full compliance with all arbitrage rebate
requirements of the federal tax code and Internal Revenue Service regulations,
and will perform (internally or by contract consultants) arbitrage rebate
calculations for each issue subject to rebate on an annual basis. All necessary
rebates will be filed and paid when due.
C. Arbitrage Liability Management
The Director of Fiscal OperationsChief Financial Officer will maintain a system
for tracking arbitrage rebate liability and ensuring that required calculations are
performed on a timely basis. These calculations will be performed annually.
Funds should be set aside in anticipation of potential rebate liabilities. Due to the
complexity of the arbitrage calculations and regulations, and to the severity of the
penalties for noncompliance, the advice of Bond Counsel and qualified experts
will be pursued on an ongoing basis.
Page 13 of 19
TITLE:
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE (Continued)
REFERENCE NUMBER:
403.07
DEBT SERVICE MANAGEMENT
D. All bond proceeds will be separately accounted for in the financial accounting
system to facilitate arbitrage tracking and reporting. Arbitrage rebate liability
reports shall be generated semi-annually and submitted to the Investment
Committee and to the Debt Management Committee for review.
Page 14 ofl9
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE (Continued)
REFERENCE NUMBER:
403.07
DEBT SERVICE MANAGEMENT
TITLE:
GLOSSARY
Amortization - The planned reduction of a debt obligation according to a stated maturity or
redemption schedule
Arbitrage - The gain which may be obtained by borrowing funds at a lower (often tax-exempt)
rate and investing the proceeds at higher (often taxable) rates. The ability to earn
arbitrage by issuing tax-exempt securities has been severely curtailed by the Tax Reform
Act of 1986, as amended
Average Life - The average length of time debt is expected to be outstanding
Basis Point - One one-hundredth of one percent (0.0001)
BBI - Bond Buyer Index. Comparison of current rates for various maturities
Bid Form - The document used by an underwriter to submit his bid at a competitive sale
Bond - A security that represents an obligation to pay a specified amount of money on a specific
date in the future, typically with periodic interest payments
Bond Counsel - An attorney (or firm of attorneys) retained by the issuer to give a legal opinion
concerning the validity of the securities. The bond counsel's opinion usually addresses
the subject of tax exemption. Bond counsel may prepare, or review and advise the issuer
regarding authorizing resolutions or ordinances, trust indentures, official statements,
validation proceedings and litigation
Bond Insurance - Bond insurance is a type of credit enhancement whereby a monoline
insurance company indemnifies an investor against a default by the issuer to pay
principal and interest in-full and on-time. Once assigned, the municipal bond insurance
policy generally is irrevocable. The insurance company receives an up-front fee, or
premium, when the policy is issued
Book-Entry-Only - Bonds that are issued in fully-registered form but without certificates of
ownership. The ownership interest of each actual purchaser is recorded on computer
Bond Years - $1,000 of debt outstanding for one year used to compute average life and net
interest cost
Call Option - The right to redeem a bond prior to its stated maturity, either on a given date or
continuously. The call option is also referred to as the optional redemption provision
Capital Appreciation Bond - A bond without current interest coupons that is sold at a substantial
discount from par. Investors are provided with a return based upon the accretion of value
in the bond through maturity
Page 15 of 19
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE (Continued)
REFERENCE NUMBER:
403.07
DEBT SERVICE MANAGEMENT
TITLE:
Capital Lease - The acquisition of a capital asset over time rather than merely paying a rental
fee for temporary use. A lease-purchase agreement, in which provision is made for
transfer of ownership of the property for a nominal price at the scheduled termination of
the lease, is referred to as a capital lease
Closing - When bonds are exchanged for money (a/k/a delivery or settlement)
Commercial Paper (Tax-Exempt) - By convention, short-term, unsecured promissory notes
issued in either registered or bearer form with a stated maturity of 270 days or less
Competitive Sale - A sale of securities in which the securities are awarded to the bidder who
offers to purchase the issue at the best price or lowest cost
Coupon Rate - The interest rate on specific maturities of a bond issue. While the term "coupon"
derives from the days when virtually all municipal bonds were in bearer form with
coupons attached, the term is still frequently used to refer to the interest rate on different
maturities of bonds in registered form
Cover Bid - The runner-up in a competitive bond sale
Credit Enhancements - Credit enhancements are mechanisms which guarantee principal and
interest payments. They include bond insurance and a line or letter of credit. A credit
enhancement, while costly, will usually bring a lower interest rate on debt and a higher
rating from the rating agencies, thus lowering overall costs. Cost effectiveness of credit
enhancement will be evaluated for each debt issue
CUSIP Number - The term CUSIP is an acronym for the Committee on Uniform Securities
Identification Procedures. An identification number is assigned to each maturity of an
issue, and is usually printed on the face of each individual certificate of the issue. The
CUSIP numbers are intended to help facilitate the identification and clearance of
municipal securities. As the municipal market has evolved, and the new derivative
products are devised, the importance of the CUSIP system for identification purposes has
increased
Dated Date - A defined date at which interest begins to accrue from
Debt Burden - The ratio of outstanding tax-supported debt to the market value of property
within a jurisdiction. The overall debt burden includes a jurisdiction's proportionate
share of overlapping debt as well as the municipality's direct net debt
Debt Limitation - The maximum amount of debt that is legally permitted by a jurisdiction's
charter, constitution, or statutory requirements
Page 16 ofl9
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE (Continued)
REFERENCE NUMBER:
403.07
DEBT SERVICE MANAGEMENT
TITLE:
Debt Service - The amount necessary to pay principal and interest requirements on outstanding
bonds for a given year or series of years
Debt Service Reserve Fund - The fund into which moneys are placed which may be used to pay
debt service if pledged revenues are insufficient to satisfy the debt service requirements.
The debt service reserve fund may be entirely funded with bond proceeds, or it may only
be partly funded at the time of the issuance and allowed to reach its full funding
requirement over time, due to the accumulation of pledged revenues. If the debt service
reserve fund is used in whole or part to pay debt service, the issuer usually is required to
replenish the funds from the first available funds or revenues. A typical reserve
requirement might be the maximum aggregate annual debt service requirement for any
year remaining until the bonds reach maturity. The size of the reserve fund, and the
manner in which it is invested, may be subject to arbitrage regulations.
Default - The failure to pay principal or interest in full or on time. An actual default should be
distinguished from technical default. The latter refers to a failure by an issuer to abide by
certain covenants but does not necessarily result in a failure to pay principle or interest
when due.
Defeasance - Providing for payment of principal of premium, if any, and interest on debt
through the first call date or scheduled principal maturity in accordance with the terms
and requirements of the instrument pursuant to which the debt was issued. A legal
defeasance usually involves establishing an irrevocable escrow funded with only cash
and u.s. government obligations
Depository Trust Company (DTC) - A limited purpose trust company organized under the New
York Banking Law. DTC facilitates the settlement of transactions in municipal securities
Downgrade - A reduction in credit rating
Enterprise Activity - A revenue-generating project or business. The project often provides funds
necessary to pay debt service on securities issued to finance the facility. The debts of
such projects are self-liquidating when the projects earn sufficient monies to cover all
debt service and other requirements imposed under the bond contract. Common
examples include water and sewer treatment facilities and utility facilities
Final Official Statement (FOS) - A document published by the issuer which generally discloses
material information on a new issue of municipal securities including the purposes of the
issue, how the securities will be repaid, and the financial, economic and social
characteristics of the issuing government. Investors may use this information to evaluate
the credit quality of the securities
Page 17 of 19
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE (Continued)
REFERENCE NUMBER:
403.07
DEBT SERVICE MANAGEMENT
TITLE:
Flow of Funds - The order in which pledged revenues must be disbursed, as set forth in the trust
indenture or bond resolution. In most instances, the pledged revenues are deposited into
a general collection account or revenue fund as they are received and subsequently
transferred into the other accounts established by the bond resolution or trust indenture.
The other accounts provide for payment of the costs of debt service, debt service reserve
deposits, operation and maintenance costs, renewal and replacement, and other
requirements
General Obligation Debt- Debt that is secured by a pledge of the ad valorem taxing power of the
issuer. Also known as a full faith and credit obligation
Good Faith Deposit - A sum of money given by the Underwriter to assure his bid
Institutional Buyer - Banks, financial institutions, insurance companies, and bond funds
Issuance Costs - The costs incurred by the bond issuer during the planning and sale of
securities. These costs include but are not limited to financial advisory and bond counsel
fees, printing and advertising costs, rating agencies fees, and other expenses incurred in
the marketing of an issue
Junior Lien Bonds - Bonds which have a subordinate claim against pledged revenues
Letter of Credit - Bank credit facility whereby a bank will honor the payment of an issuer's debt,
in the event that an issuer is unable to do so, thereby providing an additional source of
security for bondholders for a predetermined period of time. A letter of credit often is
referred to as an L/C or an LOC. Letter of Credit can be issued on a "stand-by" or "direct
pay" basis
Level Debt Service - When annual payments are substantially the same each year
Line of Credit - Bank credit facility wherein the bank agrees to lend up to a maximum amount
of funds at some date in the future in return for a commitment fee
Manager - The member (or members) of an underwriting syndicate charged with the primary
responsibility for conducting the affairs of the syndicate. The managers take the largest
underwriting commitment
Lead Manager or Senior Manager
The underwriter serving as head of the syndicate. The lead manager generally
handles negotiations in a negotiated underwriting of a new issue of municipal
securities or directs the process by which a bid is determined for a competitive
underwriting. The lead manager also is charged with allocating securities among
the members of the syndicate in accordance with the terms of the syndicate
agreement or agreement among underwriters
Page 18 ofl9
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE (Continued)
REFERENCE NUMBER:
403.07
DEBT SERVICE MANAGEMENT
TITLE:
Joint Manager or Co-Manager
Any member of the management group
Municipal Securities Rulemaking Board (MSRB) - A self-regulating organization established
on September 5, 1975 upon the appointment of a 15-member Board by the Securities and
Exchange Agreement. The MSRB, comprised of representatives from investment
banking firms, dealer bank representatives, and public representatives, is entrusted with
the responsibility of writing rules of conduct for the municipal securities market. New
Board members are selected by the MSRB pursuant to the method set forth in Board rules
Negotiated Sale - A sale of securities in which the terms of sale are determined through
negotiation between the issuer and the purchaser, typically an underwriter, without
competitive bidding
Net Interest Cost - The average interest cost of a bond issue calculated on the basis of simple
interest.
Paying Agent - An agent of the issuer with responsibility for timely payment of principal and
interest to bond holders
Preliminary Official Statement (POS) - The POS is a preliminary version of the official
statement which is used by an issuer or underwriters to describe the proposed issue of
municipal securities prior to the determination of the interest rate(s) and offering
prices(s). The preliminary official statement, also called a "red herring", often is
examined upon by potential purchasers prior to making an investment decision
Present Value - The value of a future amount or stream of revenues or expenditures in current
dollars
Refunding - An advance refunding is a refunding that occurs more than 90 days before the call
date of the refunded bonds. A current refunding is a process of selling a new issue of
securities to obtain funds needed to retire existing securities. Debt refunding is done to
extend maturity and/or to reduce debt service cost
Retail Buyer - Individual investors
Revenue Bond - A bond which is payable from a specific source of revenue and to which the
full faith and credit of an issuer with taxing power is not pledged. Revenue bonds are
payable from identified sources of revenue, and do not permit the bondholders to compel
a jurisdiction to pay debt service from any other source. Pledged revenues often are
derived from the operation of an enterprise activity. Generally, no voter approval is
required prior to issuance of such obligations
Secondary Market - The market in which bonds are sold after their initial sale in the new issue
market
Page 19 ofl9
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE (Continued)
REFERENCE NUMBER:
403.07
DEBT SERVICE MANAGEMENT
TITLE:
Senior Lien Bonds - Bonds having a prior, or first claim on pledged revenues
Serial Bonds - A bond issue in which the principal is repaid in periodic installments over the
issue's life
Split ratings - Different rating levels from different rating agencies
Surety Bond - A bond guaranteeing performance of a contract or obligation
Term Bonds - Term bonds usually refer to a particularly large maturity of a bond issue that is
created by aggregating a series of maturities. A provision is often made for the
mandatory redemption of specified amounts of principal during several years prior to the
stated maturity, which effectively simulates serial bonds
True Interest Cost (TIC) - An expression of the average interest cost in present value terms.
The true interest cost is a more accurate measurement of the bond issue's effective
interest cost and should be used to ascertain the best bid in a competitive sale
Variable Rate Bond - A bond on which the interest rate is reset periodically, usually no less
often than semi-annually. The interest rate is reset either by means of an auction or
through an index
Upgrade - An increase in credit rating
S:IOUf DocurnentsIResolutionsl05IDebt Service Management Policy. doc
RESOLUTION NO.
A RESOLUTION REVISING ADMINISTRATIVE POLICY NO. 403.07 "DEBT SERVICE
MANAGEMENT" AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on the Sth day of March, 1996 the City Council passed Resolution No. 96-013
adopting Administrative Policy No. 403.07 "Debt Service Management"; and
WHEREAS, the Assistant City Manager of the Finance Department for the City of Denton
has presented a proposed revision of the Debt Service Management Policy for the Council's
consideration; and
WHEREAS, the City Manager recommends adoption of the revised policy and the City
Council desires to adopt such policy as the official policy regarding Debt Service Management;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1 The following policy entitled "Policy No. 403.07 "Debt Service
Management", attached hereto and made a part hereof, is hereby adopted as an official policy of the
City of Denton, Texas and shall replace the existing Debt Service Management Policy.
SECTION 2. The attached policy shall be filed in the official records with the City
Secretary.
SECTION:). This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
,2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
S:\Our DocumentsIResolutions\05\Debt Service Management Policy. doc
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
~/~
.~',/
Page 20f2
CITY OF DENTON
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE
PAGE 1 OF 19
SECTION: FINANCE REFERENCE NUMBER:
403.07
SUBJECT: DEBT MANAGEMENT INITIAL EFECTIVE DATE:
03/05/96
TITLE: DEBT SERVICE MANAGEMENT LAST REVISION DATE:
09/27/00
POLICY STATEMENT
This policy shall provide general guidelines by which the City of Denton (the City) will
issue debt. It is the objective of this policy that (1) the City obtain financing only when
necessary, (2) the process for identifying the timing and amount of debt or other
financing, proceed as efficiently as possible, and (3) the most favorable interest rate and
other costs be obtained.
This debt management policy applies to the financing activities of the City of Denton,
Texas. It also addresses the issues of process, use and limitations. Obligations will be
timed for issuance and delivery of proceeds as close as possible to the time that contracts
are expected to be awarded so that the proceeds are spent in the most efficient manner.
ADMINSTRA TIVE PROCEDURES
I. DEBT MANAGEMENT COMMITTEE
A. Members
The Debt Management Committee (the Committee) consists of the City Manager,
Assistant City Manager (Utilities), Assistant City Manager (Finance), Chief
Financial Officer, (Chief Budget Officer); and, financial advisor and bond counsel
as ex-officio members.
B. Scope
The Committee shall meet as necessary to review the debt program. Included in
its discussions will be such topics as: the Capital Improvement Program, status of
financed projects, timing of additional financing needs, the effect of proposed
financing activity on the related rates supporting the debt (i.e. property tax rate,
utility rates, user fees, etc.).
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II. RESPONSIBILITY AND STANDARD OF CARE
The Fiscal and Municipal Services Department will coordinate all activities required for
the issuance of all debt.
A. Delegation
The primary individual who shall be involved in the development of financing
recommendations will be the Chief Financial Officer. The Assistant City
Manager (Finance) shall be responsible for all debt financing activities and shall
establish a system of controls to regulate the activities of the Chief Financial
Officer.
B. Conflicts ofInterest
All participants in the debt management process shall seek to act responsibly as
custodians of public assets. Officers and employees involved in the debt
management process shall refrain from personal business activity that could
conflict with proper execution of the financing program, or which could impair
their ability to make impartial financing decisions.
C. Reporting
The Chief Financial Officer shall prepare at least annually a report summarizing
all debt outstanding by type (tax supported and revenue backed), remaining
balance of bond proceeds, update of arbitrage liability, and update of pertinent
legislative changes.
D. Investor Relations
The City shall endeavor to maintain a positive relationship with the investment
community. The Chief Financial Officer and the City's financial advisor shall, as
necessary, prepare reports and other forms of communications regarding the
City's indebtedness, as well as its future financing plans. This includes
information presented to the press and other media. The information includes
annual program of services, comprehensive annual financial report, financial
plans, capital improvement plans, comprehensive development plans, etc.
All forms of media deemed appropriate and immediately available to the City will
be utilized to disseminate information to all investors. Examples include Texas
Municipal Report, The Bond Buyer, Nationally Recognized Municipal Security
Information Repository and State Information Depository. Bond counsel will
advise on the use of electronic media in connection with the City's debt program.
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E. Financial Advisor
The City shall retain an independent financial advisor for advice on the
structuring of new debt, financial analysis of various options, the rating review
process, marketing debt issues, marketability of City obligations, sale and post-
sale services, the review of the official statement and other services as necessary.
The City will seek the advice of the financial advisor on an ongoing basis. The
financial advisor will perform other services as defined by the agreement
approved by the City Council.
F. Bond Counsel
The City shall retain bond counsel for legal and procedural advice on all debt
issues. Bond counsel shall advise the City Council in all matters pertaining to its
bond ordinance(s) and/or resolution(s). No action shall be taken with respect to
new obligations until a written instrument has been prepared by the bond
attorneys certifying the legality of the proposal. The bond attorneys shall prepare
all ordinances and other legal instruments required for the execution and sale of
any bonds issued which shall then be reviewed by the City Attorney and Chief
Financial Officer. The City will also seek the advice of bond counsel on all other
types of debt and on any other questions involving federal tax or arbitrage law.
Special counsel shall be retained to protect the City's interest in complex
negotiations and comment review.
III. OFFICIAL STATEMENT
The preparation of the Official Statement is the responsibility of the financial advisor in
concert with the Chief Financial Officer under the supervision of the Assistant City
Manager (Finance). Information for the Official Statement is gathered from
departments/divisions throughout the City.
The City will take all appropriate steps to comply with the federal disclosure rules (i.e.,
Securities and Exchange Commission Rule 15C2-12). The City will provide annual and
event disclosure to information repositories throughout the term of securities for the
benefit of the primary and secondary municipal market.
IV. DISCLOSURE
A. With each bond offering, and at least annually, in the preparation of Financial
Reports or Official Statements of any bond prospectus, the City will follow a
policy of full and complete disclosure of financial and legal conditions of the
City, in conformance with guidelines issued by the Government Finance Officers
Association Disclosure Guideline, and as advised by disclosure counsel or
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financial advisor. Furthermore, all City finance and debt-related information
which may appear in publicly distributed documents in anticipation of the
issuance of bonds by the City Enterprise Funds, Redevelopment Agency or
Housing Authority should be reviewed by the Finance Department prior to
distribution to ensure that the information is presented on an accurate and
consistent basis.
B. Material Events
Securities and Exchange Commission (SEC) Rule 15c2-12 lists eleven events
that, if material, must be reported in a timely fashion to each Nationally
Recognized Municipal Security Information Repository (NRMSIR) or to the
Municipal Security Rulemaking Board (MSRB) and to the appropriate State
Information Depository (SID).
The events that must be reported, if material, are:
1. Principal and interest payment delinquencies;
2. Nonpayment related defaults;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions or events affecting the tax-exempt status of the security;
7. Modifications to rights of security holders;
8. Bond calls;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the securities;
11. Rating changes.
Unofficially considered, the twelfth material event to be reported is the failure of any
obligated person to provide the required annual financial information on or before the
date specified in the related undertaking. According to the SEC, this requirement would
be satisfied if a disclosure contract states that the annual information would be provided
within a specified number of days after the fiscal year end.
Full disclosure of the operations will be made to the bond rating agencies. The City staff,
with the assistance of the financial advisors and bond counsel, will prepare the necessary
materials for and presentation to the rating agencies.
V. RATING AGENCY COMMUNICATIONS & CREDIT OBJECTIVES
The City will seek to maintain and improve its current bond rating so its borrowing costs
are reduced to a minimum and its access to credit is preserved.
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In conjunction with the financial advisor, the City shall maintain a line of communication
with the rating agencies (Moody's, Standard & Poor's, and Fitch), informing them of
major financial events in the City as they occur. The Comprehensive Annual Financial
Report, Annual Program of Services, and Capital Improvement Plan, shall be distributed
to the rating agencies after they have been accepted/adopted by the City Council on an
annual basis.
When necessary, a personal meeting with representatives of the rating agencies will be
scheduled when a major capital improvement program is initiated, or to discuss
economical and/or financial developments which might impact credit ratings. The
following documents may be required for the rating agencies:
Most recent annual audit reports, including a description of accounting
practices. Accounting changes in the past three years and the impact on
financial results should be explained.
Current budget.
Current capital improvement program/plan.
Official statements for new financings.
Description of projects being financed.
Sources and uses statement for project being financed. If additional funds are
required to complete project, the source of the funds and any conditional
requirements will be discussed.
Engineering and feasibility report (if applicable).
Zoning or land-use map (if applicable).
Cash flow statement, in the case of interim borrowing. Statement of long -
and short-term debt with annual and monthly maturity dates as appropriate.
Also, a report of any lease obligations, their nature and term.
Indication of appropriate authority for debt issuance
Investment policy (if applicable).
Statement concerning remaining borrowing capacity plus tax rate and levy
capacity or other revenue capacity.
VI. LIMITATIONS OF INDEBTEDNESS
City staff, in conjunction with the financial advisor and bond counsel, will produce a
comprehensive analysis of debt capacity prior to issuing bonds. This document should
cover a broad range of factors, including:
· Legal debt limits, tax or expenditure ceilings.
· Coverage requirements or additional bonds tests m accordance with bond
covenants.
· Measures of the tax and revenue base, such as projections of relevant economic
variables (e.g., assessed property values, employment base, unemployment
rates, income levels, and retail sales).
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· Population trends.
· Utilization trends for services underlying revenues.
· Factors affecting tax collections, including types of property, goods, or services
taxed, assessment practices and collection rates, evaluation of trends relating to
the City's financial performance, such as revenues and expenditures, net
revenues available after meeting operating requirements.
· Reliability of revenues expected to pay debt service.
· Unreserved fund balance levels.
· Debt service obligations, such as existing debt service requirements.
· Debt service as a percentage of expenditures or tax or system revenues.
· Measures of debt burden on the community, such as debt per capita, debt as a
percentage of personal income, debt as a percentage of full or equalized
assessed property value, and overlapping or underlying debt.
· Tax-exempt market factors affecting interest costs, such as interest rates,
market receptivity, and credit rating.
The City has both revenue bonds and other indebtedness of the Electric, Water,
Wastewater, and Solid Waste Funds. The City will endeavor to maintain two coverage
ratios as provided in the City's outstanding bond covenants (e.g. 1.25 and/or 1.50 times,
or as required by individual bond covenants).
The Electric, Water, Wastewater, and Solid Waste Funds' total long-term debt
outstanding shall not exceed the amount of combined fund equity.
VII. TYPES OF DEBT
The City's bond counsel and financial advisor will present the different types of debt best
suited and legally permissible under state law for each debt issue. These types may
include:
· short-term vs. long-term debt,
· general obligation vs. revenue debt,
· fixed vs. variable rate debt,
· lease-backed debt,
· special obligation debt such as assessment district debt,
· conduit issues, and
· taxable debt;
A The City will seek all possible federal and state reimbursement for mandated
projects and/or programs. The City will pursue a balanced relationship between
issuing debt and pay-as-you-go financing.
B. The City will match the term oflong-term debt issued up to the life of the projects
financed. Current operations will not be financed with long-term debt.
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Debt incurred to finance capital improvements will be repaid within the useful life
of the proj ect.
C. High priority will be assigned to the replacement of capital improvements when
they have deteriorated to the point there they are hazardous, incur high
maintenance costs, negatively affect property values, or no longer serve their
intended purposes.
D. An updated Capital Improvement Plan will be presented to the City Council for
approval on an annual basis. This plan will be used as a basis for the long-range
financial planning process.
VIII. BOND STRUCTURE
Structural features that may be considered are:
· maturity of the debt,
· setting the maturities of the debt equal to or less than the useful life of the
proj ect,
· use of zero coupon bonds, capital appreciation bonds, deep discount bonds, or
premium bonds,
· debt service structure (level debt service payments, level principal
payments or other repayment structure defined by state law),
· redemption provisions (mandatory and optional call features),
· use of credit enhancement,
· use of senior lien and junior lien obligations, and
· use of derivative products;
IX. SHORT - TERM DEBT
A. General
Short-term obligations may be issued to finance projects or portions of projects
for which the City ultimately intends to issue long-term debt; i.e., it will be used,
when appropriate, to provide interim financing which will eventually be refunded
with the proceeds of long-term obligations.
Short-term obligations may be backed with a tax and/or revenue pledge or a
pledge of other available resources.
Interim financing may be appropriate when long-term interest rates are expected
to decline in the future. In addition, some forms of short-term obligations can be
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obtained quicker than long-term obligations and thus can be used until long-term
financing can be obtained.
B. Commercial Paper
Due to the issuance costs associated with the marketing and placement of
commercial paper in amounts of less than approximately $25 million, it is not
considered feasible for the City of Denton to issue this type of debt. Should the
opportunity to participate in a commercial paper issuance pool present itself, the
advantages and disadvantages shall be evaluated by the Chief Financial Officer.
C. Anticipation Notes
Anticipation notes empower municipalities to issue debt without giving notice of
intent. Anticipation notes may be secured and repaid by a singular pledge, but not
a plural pledge, of revenue, taxes, or the proceeds of a future debt issue.
Anticipation notes may be authorized by an ordinance adopted by the City
Council.
Anticipation notes may be used to finance projects or acquisitions that could also
be financed with Certificates of Obligation.
Anticipation notes have several restrictions, which include:
1) Anticipation notes issued for general purposes must mature before the seventh
anniversary of the date the attorney general approves the issue,
2) Anticipation notes may not be used to repay interfund borrowing or a
borrowing that occurred up to/or more than 24-months prior to the date of
Issuance,
3) A governing body may not issue anticipation notes that are payable from bond
proceeds unless the proposition authorizing the issuance of the bonds has
already been approved by the voters.
x. LONG- TERM DEBT
A. General
Proceeds from the sale of long-term obligations will not be used for operating
purposes, and the life of the obligations will not exceed the estimated useful life
of the proj ects financed.
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A level debt service structure will be used unless operational matters and
marketing considerations dictate otherwise.
The cost of issuance of private activity bonds is usually higher than for
governmental purpose bonds. Consequently, private activity bonds will be issued
only when they will economically benefit the City.
The cost of taxable debt is higher than for tax-exempt debt. However, the
issuance of taxable debt may be more appropriate in some circumstances and may
allow valuable flexibility in subsequent contracts with users or managers of the
improvement constructed with the bond proceeds. Therefore, the City will
usually issue tax-exempt obligations but may occasionally issue taxable
obligations.
B. Bonds
Long-term general obligation or revenue bonds shall be issued to finance
significant and desirable capital improvements. The general obligation bonds will
be used for purposes set forth by voters in bond elections.
General obligation bonds will strive to have an average life of approximately
fifteen (15) years or less, and revenue bonds will strive to have an average life of
approximately twenty (20) years or less.
A resolution of intent to issue bonds authorizing staff to proceed with preparations
shall be presented for the consideration of the City Council when the capital
budget is presented or as soon thereafter as reasonably possible.
Unless a compelling reason is identified by the Debt Committee, all bonds issued
for the purpose of supplying new monies as needed for current, ongoing public
improvements shall be sold at a public, competitive sale based upon sealed bids
pursuant to terms and conditions specified in the City's Home Rule Charter which
requires "the publication of a proper notice of sale in a national publication which
regularly includes municipal bond sale notices, stating pertinent facts relating to
the proposed sale including, but not limited to, the time, the date, and the place
(which shall be in the City of Denton) that all sealed bids will be publicly opened,
read, and tabulated before the City Council. The date advertised for opening of
the bids shall be not less than 30 days from the date of publication."
C. Certificates of Obligation
Certificates of obligation may be issued to finance permanent improvements and
land acquisition, the need for which arose between bond elections. In addition,
they may also be used to finance costs associated with capital project overruns or
to acquire equipment.
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In accordance with state law, a resolution authorizing publication of notice of
intent to issue certificates of obligation shall be presented for the consideration of
the City Council. The notice of intent shall be published in a newspaper of
general circulation in the City once a week for two consecutive weeks with the
first publication to be at least fifteen (15) days prior to the sale date.
Certificates of obligation may be backed by a tax pledge under certain
circumstances as defined by law. They may also be backed by a combination tax
and revenue pledge eligible under state law. Some revenues are restricted as to
the uses for which they may be pledged. Electric, Water, Wastewater, and Solid
Waste revenues may be pledged without limit for Electric, Water, Wastewater,
and Solid Waste purposes but may only be pledged up to $10,000 for non-utility
system purposes.
D. Public Property Finance Contractual Obligation
Public property finance contractual obligations may be issued to finance the
acqui si ti on of personal property.
E. Revenue Bonds
In addition to the policies set forth above, when cost-beneficial and when
permitted under applicable ordinances, the City may consider the use of surety
bonds, lines of credit, or similar instruments to satisfy mandated debt service fund
requirements on outstanding and/or proposed revenue bonds.
XI. REFUNDING AND RESTRUCTURING OPTIONS
The City shall consider refunding debt whenever an analysis indicates the potential for
present value savings of approximately 3.5% of the debt service being refunded or if
beneficial to the City in another way.
XII. METHOD OF SALE
A. Competitive Sale
When feasible and economical, obligations shall be issued by competitive rather
than negotiated sale. Favorable conditions for a competitive method of sale
include the following:
· The market is familiar with the issuer, and the issuer is a stable and regular
borrower in the public market.
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· An active secondary market with a broad investor base for the issuer's bonds.
· The issue is neither too large to be easily absorbed by the market nor too small
to attract investors without a concerted sales effort.
· The issue is not viewed by the market as carrying overly complex features or
requiring explanation as to the bonds' soundness.
· Interest rates are stable, market demand is strong, and the market is able to
absorb a reasonable amount of buying or selling at reasonable price changes.
B. Negotiated Sale
Bonds issued for the purpose of refunding and/or restructuring outstanding debt
may appropriately be sold on a negotiated basis when maximum flexibility is
required in order for the City to respond to day-to-day nuances in the marketplace
and other complications peculiar to the issuance of refunding debt. Whenever the
option exists to sell an issue on a negotiated basis, an analysis of the options shall
be performed to aid in the decision-making process.
The City will present the reasons and will actively participate in the selection of
the underwriter or direct purchaser.
In a negotiated sale, the underwriter may be selected through a request for
proposals (RFP) or because of a relationship established by previous debt
transactions. The criteria used to select an underwriter in a negotiated sale should
include the following:
· Overall experience
· Marketing philosophy
· Capability
· Previous experience as managing or co-managing partner
· Financial statement
· Public finance team and resources
· Breakdown of underwriter's discount
C. Private Placement
When cost-beneficial, the City may privately place its debt. Since no underwriter
participates in a private placement, it may result in lower cost of issuance. Private
placement is sometimes an option for small issues. The opportunity may be
identified by the financial advisor.
D. Bidding Parameters
The notice of sale will be carefully constructed so as to ensure the best possible
bid for the City, in light of existing market conditions and other prevailing factors.
Parameters to be examined include:
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· Limits between lowest and highest coupons
· Coupon requirements relative to the yield curve
· Method of underwriter compensation, discount, or premium coupons
· Use of true interest cost (TIC) versus net interest cost (NIC)
· Use of bond insurance
· Deep discount bonds
· Variable rate bonds
· Call provisions
XIII. INVESTMENT OF BOND PROCEEDS
A. Strategy
The City should actively monitor its investment practices to ensure maximum
returns on its invested bond funds while complying with Federal arbitrage
guidelines. Specific investment strategies for the investment of bond proceeds are
provided in the City's investment policy #408.04.
B. Arbitrage Compliance
The City will follow a policy of full compliance with all arbitrage rebate
requirements of the federal tax code and Internal Revenue Service regulations,
and will perform (internally or by contract consultants) arbitrage rebate
calculations for each issue subject to rebate on an annual basis. All necessary
rebates will be filed and paid when due.
C. Arbitrage Liability Management
The Chief Financial Officer will maintain a system for tracking arbitrage rebate
liability and ensuring that required calculations are performed on a timely basis.
These calculations will be performed annually. Funds should be set aside in
anticipation of potential rebate liabilities. Due to the complexity of the arbitrage
calculations and regulations, and to the severity of the penalties for
noncompliance, the advice of Bond Counsel and qualified experts will be pursued
on an ongoing basis.
D. All bond proceeds will be separately accounted for in the financial accounting
system to facilitate arbitrage tracking and reporting. Arbitrage rebate liability
reports shall be generated semi-annually and submitted to the Investment
Committee and to the Debt Management Committee for review.
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GLOSSARY
Amortization - The planned reduction of a debt obligation according to a stated maturity or
redemption schedule
Arbitrage - The gain which may be obtained by borrowing funds at a lower (often tax-exempt)
rate and investing the proceeds at higher (often taxable) rates. The ability to earn
arbitrage by issuing tax-exempt securities has been severely curtailed by the Tax Reform
Act of 1986, as amended
Average Life - The average length of time debt is expected to be outstanding
Basis Point - One one-hundredth of one percent (0.0001)
BBI - Bond Buyer Index. Comparison of current rates for various maturities
Bid Form - The document used by an underwriter to submit his bid at a competitive sale
Bond - A security that represents an obligation to pay a specified amount of money on a specific
date in the future, typically with periodic interest payments
Bond Counsel - An attorney (or firm of attorneys) retained by the issuer to give a legal opinion
concerning the validity of the securities. The bond counsel's opinion usually addresses
the subject of tax exemption. Bond counsel may prepare, or review and advise the issuer
regarding authorizing resolutions or ordinances, trust indentures, official statements,
validation proceedings and litigation
Bond Insurance - Bond insurance is a type of credit enhancement whereby a monoline
insurance company indemnifies an investor against a default by the issuer to pay
principal and interest in-full and on-time. Once assigned, the municipal bond insurance
policy generally is irrevocable. The insurance company receives an up-front fee, or
premium, when the policy is issued
Book-Entry-Only - Bonds that are issued in fully-registered form but without certificates of
ownership. The ownership interest of each actual purchaser is recorded on computer
Bond Years - $1,000 of debt outstanding for one year used to compute average life and net
interest cost
Call Option - The right to redeem a bond prior to its stated maturity, either on a given date or
continuously. The call option is also referred to as the optional redemption provision
Capital Appreciation Bond - A bond without current interest coupons that is sold at a substantial
discount from par. Investors are provided with a return based upon the accretion of value
in the bond through maturity
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Capital Lease - The acquisition of a capital asset over time rather than merely paying a rental
fee for temporary use. A lease-purchase agreement, in which provision is made for
transfer of ownership of the property for a nominal price at the scheduled termination of
the lease, is referred to as a capital lease
Closing - When bonds are exchanged for money (a/k/a delivery or settlement)
Commercial Paper (Tax-Exempt) - By convention, short-term, unsecured promissory notes
issued in either registered or bearer form with a stated maturity of 270 days or less
Competitive Sale - A sale of securities in which the securities are awarded to the bidder who
offers to purchase the issue at the best price or lowest cost
Coupon Rate - The interest rate on specific maturities of a bond issue. While the term "coupon"
derives from the days when virtually all municipal bonds were in bearer form with
coupons attached, the term is still frequently used to refer to the interest rate on different
maturities of bonds in registered form
Cover Bid - The runner-up in a competitive bond sale
Credit Enhancements - Credit enhancements are mechanisms which guarantee principal and
interest payments. They include bond insurance and a line or letter of credit. A credit
enhancement, while costly, will usually bring a lower interest rate on debt and a higher
rating from the rating agencies, thus lowering overall costs. Cost effectiveness of credit
enhancement will be evaluated for each debt issue
CUSIP Number - The term CUSIP is an acronym for the Committee on Uniform Securities
Identification Procedures. An identification number is assigned to each maturity of an
issue, and is usually printed on the face of each individual certificate of the issue. The
CUSIP numbers are intended to help facilitate the identification and clearance of
municipal securities. As the municipal market has evolved, and the new derivative
products are devised, the importance of the CUSIP system for identification purposes has
increased
Dated Date - A defined date at which interest begins to accrue from
Debt Burden - The ratio of outstanding tax-supported debt to the market value of property
within a jurisdiction. The overall debt burden includes a jurisdiction's proportionate
share of overlapping debt as well as the municipality's direct net debt
Debt Limitation - The maximum amount of debt that is legally permitted by a jurisdiction's
charter, constitution, or statutory requirements
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Debt Service - The amount necessary to pay principal and interest requirements on outstanding
bonds for a given year or series of years
Debt Service Reserve Fund - The fund into which moneys are placed which may be used to pay
debt service if pledged revenues are insufficient to satisfy the debt service requirements.
The debt service reserve fund may be entirely funded with bond proceeds, or it may only
be partly funded at the time of the issuance and allowed to reach its full funding
requirement over time, due to the accumulation of pledged revenues. If the debt service
reserve fund is used in whole or part to pay debt service, the issuer usually is required to
replenish the funds from the first available funds or revenues. A typical reserve
requirement might be the maximum aggregate annual debt service requirement for any
year remaining until the bonds reach maturity. The size of the reserve fund, and the
manner in which it is invested, may be subject to arbitrage regulations.
Default - The failure to pay principal or interest in full or on time. An actual default should be
distinguished from technical default. The latter refers to a failure by an issuer to abide by
certain covenants but does not necessarily result in a failure to pay principle or interest
when due.
Defeasance - Providing for payment of principal of premium, if any, and interest on debt
through the first call date or scheduled principal maturity in accordance with the terms
and requirements of the instrument pursuant to which the debt was issued. A legal
defeasance usually involves establishing an irrevocable escrow funded with only cash
and US. government obligations
Depository Trust Company (DTC) - A limited purpose trust company organized under the New
York Banking Law. DTC facilitates the settlement of transactions in municipal securities
Downgrade - A reduction in credit rating
Enterprise Activity - A revenue-generating project or business. The project often provides funds
necessary to pay debt service on securities issued to finance the facility. The debts of
such projects are self-liquidating when the projects earn sufficient monies to cover all
debt service and other requirements imposed under the bond contract. Common
examples include water and sewer treatment facilities and utility facilities
Final Official Statement (FOS) - A document published by the issuer which generally discloses
material information on a new issue of municipal securities including the purposes of the
issue, how the securities will be repaid, and the financial, economic and social
characteristics of the issuing government. Investors may use this information to evaluate
the credit quality of the securities
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DEBT SERVICE MANAGEMENT
TITLE:
Flow of Funds - The order in which pledged revenues must be disbursed, as set forth in the trust
indenture or bond resolution. In most instances, the pledged revenues are deposited into
a general collection account or revenue fund as they are received and subsequently
transferred into the other accounts established by the bond resolution or trust indenture.
The other accounts provide for payment of the costs of debt service, debt service reserve
deposits, operation and maintenance costs, renewal and replacement, and other
requirements
General Obligation Debt- Debt that is secured by a pledge of the ad valorem taxing power of the
issuer. Also known as a full faith and credit obligation
Good Faith Deposit - A sum of money given by the Underwriter to assure his bid
Institutional Buyer - Banks, financial institutions, insurance companies, and bond funds
Issuance Costs - The costs incurred by the bond issuer during the planning and sale of
securities. These costs include but are not limited to financial advisory and bond counsel
fees, printing and advertising costs, rating agencies fees, and other expenses incurred in
the marketing of an issue
Junior Lien Bonds - Bonds which have a subordinate claim against pledged revenues
Letter of Credit - Bank credit facility whereby a bank will honor the payment of an issuer's debt,
in the event that an issuer is unable to do so, thereby providing an additional source of
security for bondholders for a predetermined period of time. A letter of credit often is
referred to as an L/C or an LOC. Letter of Credit can be issued on a "stand-by" or "direct
pay" basis
Level Debt Service - When annual payments are substantially the same each year
Line of Credit - Bank credit facility wherein the bank agrees to lend up to a maximum amount
of funds at some date in the future in return for a commitment fee
Manager - The member (or members) of an underwriting syndicate charged with the primary
responsibility for conducting the affairs of the syndicate. The managers take the largest
underwriting commitment
Lead Manager or Senior Manager
The underwriter serving as head of the syndicate. The lead manager generally
handles negotiations in a negotiated underwriting of a new issue of municipal
securities or directs the process by which a bid is determined for a competitive
underwriting. The lead manager also is charged with allocating securities among
the members of the syndicate in accordance with the terms of the syndicate
agreement or agreement among underwriters
Page 17 of 19
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE (Continued)
REFERENCE NUMBER:
403.07
DEBT SERVICE MANAGEMENT
TITLE:
Joint Manager or Co-Manager
Any member of the management group
Municipal Securities Rulemaking Board (MSRB) - A self-regulating organization established
on September 5, 1975 upon the appointment of a 15-member Board by the Securities and
Exchange Agreement. The MSRB, comprised of representatives from investment
banking firms, dealer bank representatives, and public representatives, is entrusted with
the responsibility of writing rules of conduct for the municipal securities market. New
Board members are selected by the MSRB pursuant to the method set forth in Board rules
Negotiated Sale - A sale of securities in which the terms of sale are determined through
negotiation between the issuer and the purchaser, typically an underwriter, without
competitive bidding
Net Interest Cost - The average interest cost of a bond issue calculated on the basis of simple
interest.
Paying Agent - An agent of the issuer with responsibility for timely payment of principal and
interest to bond holders
Preliminary Official Statement (POS) - The POS is a preliminary version of the official
statement which is used by an issuer or underwriters to describe the proposed issue of
municipal securities prior to the determination of the interest rate(s) and offering
prices(s). The preliminary official statement, also called a "red herring", often is
examined upon by potential purchasers prior to making an investment decision
Present Value - The value of a future amount or stream of revenues or expenditures in current
dollars
Refunding - An advance refunding is a refunding that occurs more than 90 days before the call
date of the refunded bonds. A current refunding is a process of selling a new issue of
securities to obtain funds needed to retire existing securities. Debt refunding is done to
extend maturity and/or to reduce debt service cost
Retail Buyer - Individual investors
Revenue Bond - A bond which is payable from a specific source of revenue and to which the
full faith and credit of an issuer with taxing power is not pledged. Revenue bonds are
payable from identified sources of revenue, and do not permit the bondholders to compel
a jurisdiction to pay debt service from any other source. Pledged revenues often are
derived from the operation of an enterprise activity. Generally, no voter approval is
required prior to issuance of such obligations
Secondary Market - The market in which bonds are sold after their initial sale in the new issue
market
Page 18 ofl9
POLICY / ADMINISTRA TIVE PROCEDURE/ ADMINISTRA TIVE DIRECTIVE (Continued)
REFERENCE NUMBER:
403.07
DEBT SERVICE MANAGEMENT
TITLE:
Senior Lien Bonds - Bonds having a prior, or first claim on pledged revenues
Serial Bonds - A bond issue in which the principal is repaid in periodic installments over the
issue's life
Split ratings - Different rating levels from different rating agencies
Surety Bond - A bond guaranteeing performance of a contract or obligation
Term Bonds - Term bonds usually refer to a particularly large maturity of a bond issue that is
created by aggregating a series of maturities. A provision is often made for the
mandatory redemption of specified amounts of principal during several years prior to the
stated maturity, which effectively simulates serial bonds
True Interest Cost (TIC) - An expression of the average interest cost in present value terms.
The true interest cost is a more accurate measurement of the bond issue's effective
interest cost and should be used to ascertain the best bid in a competitive sale
Variable Rate Bond - A bond on which the interest rate is reset periodically, usually no less
often than semi-annually. The interest rate is reset either by means of an auction or
through an index
Upgrade - An increase in credit rating
AGENDA INFORMATION SHEET
AGENDA DATE: January 3,2006
DEPARTMENT: Legal Department
SUBJECT: Consider an ordinance approving an Extension of Personal and Professional
Services Consulting Contract between the City of Denton and Herbert L. Prouty, LLP;
authorizing the expenditure of funds; and providing an effective date.
BACKGROUND: On AprilS, 2005 the City and Prouty entered into a Personal and
Professional Services Contract that took effect on September 1, 2005. The contract is due to
expire on January 31, 2006. The contract provides that it may be extended. The proposed
extension will take effect on February 1, 2006 and will expire on July 31,2006. It provides for a
reduction in time from 40 hours per week to 20 hours per week. Because the weekly are hours
are reduced in half, the monthly fee is reducedjn halfto $6,000 per month ($75.00 per hour).
OPTIONS:
The City Council may approve the ordinance as proposed, decline to approve the ordinance, or
request that the proposed extension contract be modified.
RECOMMENDATION: Herb has performed in an excellent manner under the existing
contract. The City Attorney recommends approval.
FISCAL INFORMATION: Funds are budgeted to cover the proposed fees and expenses.
S :\Our Documents\Miscellaneous\05\OI 0305 AIS Prouty Extension.doc
S:\Qur I).o(.uments\Ordinanc:eSI.05\Pronty CcDSDlting Contract Exteos:ion,deoc
ORDINANCE NO.
AN ORDINANCE APPROVING AN EXTENSION OF PERSONAL AND PROFESSIONAL
SERVICES CONSULTING CONTRACT BETWEEN THE CITY OF DENTON AND
HERBERT L. PROUTY, LLP; AUTHORIZING THE EXPENDITURE OF FUNDS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton desires to enter into an Extension of Personal and
Professional Services Consulting Contract with Herbert L. Prouty, LLP to provide legal services
to the City, in substantially the same form as the contract attached hereto and made a part hereof
as Exhibit "A", to take effect on February 1, 2005 (the "Contract"); and
WHEREAS, the City Council finds that the Contract is in the public interest; NOW,
THEREFORE;
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The recitals and findings contained in the preamble of this ordinance are
incorporated into the body of this ordinance.
SECTION 2. The City Council hereby approves the Contract and authorizes the Interim
City Manager, or his designee to execute the Contract on behalf ofthe City.
SECTION 3. The Interim City Manager, or his designee is authorized to make the
expenditures provided for in the Contract.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
,200&.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
BY:
S:\Our Documents\Contracts\06\Prouty Extension Agreement.doc
Exhibit A
EXTENSION OF PERSONAL AND
PROFESSIONAL SERVICES CONSULTING AGREEMENT
FOR LEGAL SERVICES
STATE OF TEXAS ~
COUNTY OF DENTON ~
THIS EXTENSION AGREEMENT is made and entered into to be effective on February
1, 2005, by and between the City of Denton, a Texas Municipal Corporation, with its principal
office at 215 East McKinney Street, Denton, Denton County, Texas 76201 (hereinafter referred
to as "City") and Herbert L. Prouty, LLP, hereinafter referred to as "Consultant."
WHEREAS, on the 5th day of April, 2005 the City engaged the services of Herbert L.
Prouty ("Consultant") as a consultant by entering into a Personal Services and Professional
Consulting Agreement for Legal Services ("Consultant Contract") to provide legal services to
assist with meeting the legal services' workload with the reduction in force of the Legal
Department ("legal services") from a seven lawyer to four lawyer office; and
WHEREAS, the Consultant Contract expires on January 31, 2006 but provides it may be
extended for a period of six months; and
WHEREAS, Consultant has served as the City's City Attorney for ten years and is
familiar with all aspects of the Legal Department and the organization and operations of the City
and the City desires to engage his unique personal services; and
WHEREAS, the City Attorney desires to extend this Consulting Contract for an
additional six months through July 31,2006 under the terms and conditions hereinafter stated.
NOW, THEREFORE, in consideration of the promises and mutual undertakings herein
contained, the parties agree as follows:
SECTION 1. Engagement of Consultant/City's Obligations.
l(a). The City hereby exercises its option to extend the Consultant Contract and
engages the personal and professional services of Consultant for an additional six month period
from February 1,2006 to July 31,2006 in accordance with Section 5 of the Consultant Contract
to assist the City Attorney to perform all functions and duties of the Legal Department as may be
assigned to him by the City Attorney including, without limitation, handling ongoing utility
matters involving Atmos Energy, Charter Communications, and CoServ, handling Denton
Municipal Airport and Transportation matters, and to provide assistance with municipal legal
servIces.
1(b). The City agrees to pay Consultant at the rate of $6,000.00 per month together
with any expenses incurred by Consultant in the performance of these legal services.
ICe). The City shall provide Consultant access to an office within the Legal department
and all equipment, including without limitations, computers and access to email, Westlaw, law
S:\OUT Documents\Contracts\05\Prouty Extension Agreement.doc
books, and Consultant's identification card during the term of this Agreement to facilitate
Consultant's services herein and access to all City facilities as set forth in Section 4 hereof. But
nothing herein shall prevent Consultant from performing the legal services contracted for
hereunder from his home office or any other suitable business location or from using his own
computer or other equipment to perform such services.
SECTION 2. Engagement of Consultant/Consultant Obligations.
2(a). Consultant shall perform the services herein with diligence and in accordance
with the professional standards customarily obtained for such services in the State of Texas.
2(b). Consultant shall perform all legal services assigned to him by the City Attorney.
Consultant will devote no more than twenty hours per week to any legal services assigned to him
under this Contract. Provided, however, Consultant shall have the right, during the term of this
Agreement, to teach, consult and to perform other work and other non-City connected business
so long as the non-City connected business does not conflict with Consultant's duties under this
Agreement as determined by the City Attorney. The City agrees that any teaching for the
University of Texas at Dallas, the University of North Texas, the Texas Women's University or
any similar higher educational institution will not constitute a conflict under this Agreement.
SECTION 3. Term.
This Extension of the Consultant Contract for legal services, expressed herein. shall
commence on the 1st day of February 2006 and shall end on the 31 st day of July 2006, unless
sooner terminated for cause or unless extended by mutual agreement ofthe parties.
SECTION 4. Access to Facilities.
The City shall provide office space and access shall be complete in order to facilitate the
satisfactory performance of Consultant's services and shall include, without limitations, the
following:
A Access to all the City's books and records;
B. Access to City's personnel;
C. Access to all support services such as computer, telephone, and copying within
the Legal Department;
D. Retention of the keys, the Consultant's identification card, and all other personal
items in an office space to be designated by the City Attorney until the end of this
Agreement.
SECTION 5. Renewal.
The City may request extensions of this Agreement for additional periods under such
terms and conditions as the City and the Consultant may agree upon.
SECTION 6. Billing and Time Records.
Page 2 of 5
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At the City's request through its City Attorney, the Consultant shall keep and submit time
records detailing the work that Consultant has done and accomplished during the term of this
Consulting Agreement. Such billing shall be submitted and Consultant shall be paid on a
monthly basis.
SECTION 7. Other Support Papers, Documents and Property.
All documents prepared or furnished by the Consultant for delivery to City Attorney
become the property of the City upon the termination of the Agreement, and full and final
payment of all undisputed amounts owed Consultant hereunder. The Consultant is entitled to
retain copies of all such documents.
SECTION 8. Independent Contractor.
Consultant is to provide services to the City as an independent contractor, not as an
employee of the City. Consultant shall not have or claim any right arising from employee status
during the term of this Consulting Agreement.
SECTION 9. Arbitration and Alternate Dispute Resolution.
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to arbitration or other means of alternate dispute resolution, such as mediation. No
arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving
one party's disagreement, may include the other party to the disagreement without the other's
approval.
SECTION 10. Termination of Agreement.
A. This Agreement may be terminated whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such
termination will be affected unless the other party is given (1) written notice
(delivered by certified mail, return receipt requested) of intent to terminate and
setting forth the reasons specifying the non-performance, and not less than thirty
(30) calendar days to cure the failure; and (2) an opportunity for consultation with
the terminating party prior to termination.
B. If the Agreement is terminated for cause prior to completion of the services
provided hereunder, Consultant shall immediately cease all services and shall be
paid for services in accordance with his Agreement up to the actual date of
termination.
SECTION 11. Entire Agreement.
This Agreement, including all Exhibits and Amendments annexed hereto and made a part
hereof, constitutes the entire agreement between the parties hereto with respect to the subject matter
hereof and supersedes all other oral or written representations, understandings or agreements
relating to the subject matter hereof. Neither party shall be bound by the provisions of any pre-
printed or other written terms and conditions subsequent to the date of this Agreement relating to the
Page 3 of5
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subject matter hereof unless such additional terms and conditions are made effective pursuant to the
Amendments subsection of this section.
SECTION 12. Compliance with Laws.
The Consultant shall comply with all federal, state, local laws, rules, regulations, and
ordinances applicable to the professional services performed pursuant to this Agreement, as they
may now read or may hereafter be amended.
SECTION 13. Assignability
Consultant shall not assign any interest in this Agreement and shall not transfer any interest
in this Agreement (whether by assignment, novation or otherwise) without the prior written consent
of the City.
SECTION 14. Modification or Amendment
A. No waiver or modification of this Agreement or of any covenant, condition or
limitation herein contained shall be valid unless in writing and duly executed by the
party to be charged therewith and 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; and, the
parties further agree that the provisions of this section will not be waived unless as
herein set forth.
B. No amendment of this Agreement shall be valid unless in Mi.ting and signed by both
parties.
SECTION 15. Miscellaneous.
A. Venue of any suit or cause of action under this Agreement shall lie exclusively in
Denton County, Texas. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas.
B. In accomplishing this engagement, Consultant shall take such steps as are
appropriate to coordinate the work involved with related work being carried on by
City.
C. City is engaging a Consultant <;lue to his unique experience and Consultant shall
provide all services to be performed under the Agreement
D. The headings of this Agreement are for informational purposes only and shall not in
any way affect the substantive terms or conditions ofthis Agreement.
E. Each party represents that it is authorized to enter into this Agreement and that the
individual executing this Agreement on behalf of the party, is authorized to enter
into this Agreement.
Page 40f5
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IN WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized Interim City Manager; and Consultant has executed this Agreement
on this the day of , 2006.
"CITY"
CITY OF DENTON, TEXAS
BY:
Howard Martin, Interim City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Y
BY:
"CONSULTANT"
HERBERT L. PROUTY, LLP
BY:
ATTEST:
~~~ft~~
Page 5 of5
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Janet Fitzgerald 349-8274
AGENDA DATE: January 3,2006
ACM:
Jon Fortune
II.
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract
for the purchase of aquatic chemicals for the Parks Department; providing for the expenditure of
funds therefore; and providing an effective date (Bid 3425-Annual Contract for Purchase of
Aquatic Chemicals awarded to the lowest responsive bidder for each item in the annual estimated
amount of $70,000.
BID INFORMATION
This bid is for the purchase of chemicals to be used by the City of Denton Parks Department for
treatment of the water at the Natatorium, Water Works Park, and Civic Center Pool. The
quantities shown on the bid tabulation are estimates and may vary according to the needs of the
City.
RECOMMENDA TION
Awarded to the lowest responsive bidder for each item as listed in Exhibit A for an estimated
award amount of $70,000. No bids were received for Item 12, therefore it will not be awarded.
PRINCIPAL PLACE OF BUSINESS
Aqua-Req. Inc.
Azle, TX
DCC, Inc.
Desoto, TX
Texas Aquatic Supply
Dallas, TX
ESTIMA TED SCHEDULE OF PROJECT
This is an annual contract, which will begin upon approval and run through January 3, 2007 with
the option to renew for an additional year, contingent upon pricing remaining the same.
FISCAL INFORMATION
The items in this bid will be funded out of accounts 411160.6334, 207001.6334, and
207002.6334. Materials will be ordered as needed.
Agenda Information Sheet
January 3, 2006
Page 2
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
l-AIS-Bid 3425
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF AQUATIC CHEMICALS FOR THE PARKS
DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (BID 3425-ANNUAL CONTRACT FOR PURCHASE OF
AQUATIC CHEMICALS AWARDED TO THE LOWEST RESPONSIVE BIDDER FOR EACH
ITEM IN THE ANNUAL ESTIMATED AMOUNT OF $70,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation offunds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
3425 1,5,6,8,13,14 DCC, Inc. Exhibit A
3425 3,7,9,10,15 Texas Aquatic Supply, Inc. Exhibit A
3425 2,4,11 Aqua-Rec, Inc. Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of
,2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY ~~
3-0RD-BID 3425
Exhibit A
BID #3425
DATE: 11/29/05
ANNUAL CONTRACT FOR AQUATICS CHEMICALS 2005-2006
Texas Aquatic Texas Aquatic
Aqua-Rec, Inc. Supply, Inc. DCC, Inc.
Supply, Inc. Alternate Bid
Principle Place of Business: Azle, TX Dallas, TX Dallas, TX DeSoto, TX
15,000 gals Bulk Sodium hypochlorite 10-12% - Bulk $1.80
bleach delivery
2 15 100# Drum Calcium hypochlorite (65% $112.00
available chlorine or better)
3 70 50# Pail Potassium Monopersulfate $106.20/45#
Pail
4 70 50# Pail HRR Enhancer - potassium $120.00
peroxymonosulfate
5 26 30 gal carboy Muriatic acid $72.50
6 52 15 gal carboy Muriatic acid $36.25
7 10 4-1 gallon Muriatic acid $12.00
bottle case
8 6 100# bags Cyanuric acid - powdered form $115.00
9 15 50# bags Calcium chloride (80% or better in $12.50
flake form)
10 15 50# bags Sodium bicarbonate (industrial $10.50
rade
11 10 5 gal container Pool Perfect $130.00
13 15 50 Ib bottles CO2 $25.50
14 10 50# bags Sodium thiosulfate $51.50
15 10 5 Gal Clearzyme $126.25
Container
SHIPMENT 3 days 7-10 days 7-10 days 2 days
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Jim Coulter 349-7194
AGENDA DATE: January 3, 2006
ACM:
Jon Fortune
II.
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the construction of the Southwest Booster Pump Station facility for the City of
Denton W ater/W astewater Utilities Division; providing for the expenditure of funds therefore;
and providing an effective date (Bid 3410-Southwest Pump Station and Ground Storage Tank
awarded to Red River Construction Co. in the amount of $4,703,000). (The Public Utility Board
approved this item by a vote of 7 -0).
BID INFORMATION
This bid is for the construction of the Southwest Booster Pump Station (SWBPS) facility, which
includes a 6 MGD, pump station, ground storage tank, hydroneumatic tanks, yard piping and all
associated appurtenances. A complete description of the project is included in the December 12,
2005 Public Utility Board agenda information sheet (Attachment 2).
PRIOR ACTIONIREVIEW (COUNCIL. BOARDS. COMMISSIONS)
The Public Utility Board approved this item at its December 12, 2005 meeting.
RECOMMENDA TION
Award to Red River Construction Co. in the amount of $4,703,000.
PRINCIPAL PLACE OF BUSINESS
Red River Construction Co.
Wylie, TX
STAFF COST ESTIMATE
The engineer's estimate for this project was $4,395,500.
ESTIMA TED SCHEDULE OF PROJECT
Construction is anticipated to begin in January 2006 with completion scheduled for late spring or
early summer of 2007.
Agenda Information Sheet
January 3, 2006
Page 2
FISCAL INFORMATION
This project will be funded from account 630008515.1365.10100.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation Sheet
Attachment 2: Public Utility Board agenda information sheet
Attachment 3: Map of Project Location
l-AIS-Bid 3410
Attachment 1
BID # 3410
DATE: 11/10/05
Southwest Pump Station and Ground Storage Tank
Red River Cajun Constructors, Gracon
Construction Co. Inc. Construction, Inc.
Principle Place of Business: Wylie, TX Lewisville, TX Mesquite, TX
1 TOTAL BASE BID $4,373,000.00 $4,730,000.00 $4,460,000.00
2 ALTERNATE ITEM $880,000.00 $828,000.00 $750,000.00
A1
2 Bid Bond YES YES YES
3 Addendum 1-3 YES YES YES
Attachment 2
PUB AGENDA ITEM #
PUBLIC UTILITIES BOARD AGENDA INFORMATION SHEET
AGENDA DATE: December 12, 2005
DEPARTMENT: Utilities
ACM: Howard Martin, Utilities 349-8232
SUBJECT
Consider approval of bid award to Red River Construction Co. in the amount of$ 4,703,000.00
for construction of the Southwest Pump Station and Ground Storage Tank (Bid #3410).
BACKGROUND
The Southwest Booster Pump Station (SWBPS) facilities will provide water service to the upper
pressure plane area on the southeast corner of the City's water CCN. The location of the pump
station is within the Country Lakes North subdivision and is shown in Exhibit 1. The primary
customer in the near term will be Robson Ranch, although portions of the Country Lakes
Development and the majority of the Hunters Ranch (Peroit property) and portions of the Cole
property will also receive water service through this pump station. The preliminary design study
for the project was completed by Kimley-Horn and Associates, Inc. (KHA) in the spring of 2002
and a Professional Services Agreement (PSA) was approved by the PUB and City Council on
May 6 and May 21,2002 respectfully.
The final design effort had reached the 85% level by January of 2003 when representatives from
the Robson Ranch Development requested the project to be delayed due to slower than
anticipated marketing for their development. Staff indicated a willingness to delay the project
until the number of meters installed for the Robson Ranch development achieved the target goals
anticipated in the development agreement. Staff continued to monitor the growth in water usage
and meters for the development and by the spring of 2005 made efforts to get the proj ect moving
forward again.
The current schedule for the project included releasing the plans for bid in October of 2005 with
a bid opening date of November 11, 2005. It is anticipated that construction will begin in
January of 2006 with completion scheduled for the spring/early summer of 2007. It is projected
that the total number of metered connections will be between 950 and 1200 by the time the
SWBPS project is completed and the Robson Ranch development is converted from the
temporary groundwater based system to the City's surface water system.
Staff provided a briefing on the proj ect' s schedule and budgetary related issues to the PUB on
August 8, 2005 and to the City Council on September 20, 2005 when the Professional Services
Agreement with KHA was amended. At that time, staff indicated the project would be over
budget by approximately $ 600,000. The three major reasons were the regulatory driven addition
of standby electrical power generation and hydro pneumatic pressure storage tanks for the
project and the construction cost inflation resulting from a 30-month delay in the project.
Construction cost inflation has been a major concern over the past two years and has been
recently accelerated due to the increased demand for construction materials and reduced supply
of certain construction related commodities including concrete, steel, asphalt, and fuels. Since
the project will be constructed over a 15 month time period, the volatile market conditions in the
several months following the Katrina and Rita hurricanes further impacted the contractors'
ability to predict market conditions or obtain firm commitments on pricing from subcontractors,
venders and suppliers. This resulted in a bidding environment that was less than desirable from
an owner's perspective.
OPTIONS
1. Award the bid to Red River Construction Co. for the base bid amount only.
2. Award the bid to Red River Construction Co. as the qualified low bidder with the bid
alternate for the 2.0 million gallon ground storage tank.
3. Reject all bids and rebid the project.
RECOMMENDA TION
The staff recommends approval of the bid #3410 from Red River Construction Co. as the
qualified low bidder on the proj ect. Staff also recommends award of the bid alternate to increase
the size of the ground storage tank from 1.0 million gallons to 2.0 million gallons (option #2).
The 2.0 million gallon tank bid alternative is recommended by both the staff and by KHA for
several reasons that are detailed in Exhibit 2. If the PUB and/or City Council specifically want
to keep the project cost as low as possible, the base bid award for the 1.0 million gallon storage
tank can be considered. Staff does not recommend rebidding the project since the schedule delay
will result in other economic and service delivery complications and it is unlikely it would result
in a lower cost.
FISCAL INFORMATION
The FY 2006 CIP budgeted $3,105,900 for construction and $60,900 for inspection on the
project. The current bond fund balance within the Water Department is $7,526,596. Of this
total, $1,344,986 is in excess of what is needed to cover existing budgeted projects for the FY
2006 bond sale period (spring of 2006 to spring of 2007). The budget performa prepared for the
FY 2006 budget cycle also projected a bond sale of 4.0 million dollars for the spring of 2006.
Based upon an analysis of current project schedules, sufficient bonds funds are available to cover
the approximate 1.6 million dollar deficit for this project (assuming the bid award is for the 2.0
million gallon storage tank alternate). This surplus is largely due to project schedule slippage on
other Water Department CIP projects as well as some projects that were completed under budget.
BID INFORMATION
The Purchasing Department opened bid #3410 on November 10, 2005. There were 3 bids
submitted. There was very little cost difference (approximately 2%) between the lowest bidder
(Red River Construction Co.) and the second lowest bidder (Gracon Construction Inc). The bid
spread between the lowest bidder and highest bidder (Cajun Constructors, Inc.) was
approximately 8%. This indicated a clear understanding of the project and a competitive bidding
environment between the contractors that submitted bids for the project. Since the engineer's
final cost estimate for the project was between 10.5% (base bid) and 13.2% (alternate bid) lower
than the lowest bid, the engineer contacted the contractors to determine where their costs
differed. The results of this investigation are explained in greater detail in their analysis.
DATE SCHEDULED FOR COUNCIL APPROVAL
January 3, 2006
EXHIBITS
1. Project Location Map.
Respectfully submitted,
Jim Coulter
Director of W ater/W astewater Utilities
Prepared by,
Tim Fisher
Assistant Director of Water Utilities
Attachment 3
SOUTHWEST BOOSTER
PUMP LOCATION
1
Robson Ranch Road
Proposed
24" Waterline
~AA:;;t~.,,, '~''''J=!!*!!
<--."',, .
.'. "., .', '
'CtTY.~lffi.'DENTONi
W~~rTERUTILfTY
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE SOUTHWEST BOOSTER PUMP STATION
FACILITY FOR THE CITY OF DENTON WATERlWASTEWATER UTILITIES DIVISION;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 3410-S0UTHWEST PUMP STATION AND GROUND STORAGE
TANK AWARDED TO RED RIVER CONSTRUCTION CO. IN THE AMOUNT OF $4,703,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER
CONTRACTOR
AMOUNT
3410
Red River Construction Co.
$4,703,000
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
,2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY. ~
3-0RD-Bid 3410
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Janet Fitzgerald 349-8274
AGENDA DATE: January 3, 2006
ACM:
Jon Fortune
II.
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the construction of the Unicorn Lake-Denton State School brick screening wall;
providing for the expenditure of funds therefor; and providing an effective date (Bid 3422-
Unicorn Lake-Denton State School Brick Screening Wall Improvement Project awarded to
Calvert Paving Corp. in the amount of $98,000).
BID INFORMATION
This bid is for the construction of a brick screening wall along Unicorn Lake Boulevard between
State School Road and the Unicorn Lake Town Center area. The 1,065-foot wall will screen the
street from the recreational lake area on the Denton State School campus. This was a condition
of the land purchase from the State School. The wall will be constructed of brick columns with
decorative concrete column caps and brick wall panels.
The project is funded from 2000 City Entryway bond funds. Additional landscaping and
irrigation will be added as a future project to be funded by a Federal Enhancement Grant.
RECOMMENDA TION
Award to Calvert Paving Corp. in the amount of $98,000.
PRINCIPAL PLACE OF BUSINESS
Calvert Paving Corporation
Denton, TX
STAFF COST ESTIMATE
The staff's estimate for this project was $100,000.
ESTIMA TED SCHEDULE OF PROJECT
The scheduled completion date of installation of the wall is March 2006.
Agenda Information Sheet
January 3, 2006
Page 2
FISCAL INFORMATION
This project will be funded from account 400069433.1360.40100
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation Sheet
l-AIS-Bid 3422
Bid #3422
Date: 12/13/05
Unicorn Lake Blvd-Denton State School Brick
Screening Wall Improvement Project
Attachment 1
Calvert Paving
Principle Place of Business: Denton, TX
Unicorn Lake Blvd-Denton State School
1 Brick Screening Wall Improvement $98,000
Project - Total Base Bid
2 Total Materials Incorporated into Project $58,800
3 Total Labor, Supervision and Materials $39,200
Not Incorporated into Project
4 Bid Bond yes
5 Days to Complete 75
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE UNICORN LAKE-DENTON STATE
SCHOOL BRICK SCREENING WALL; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3422-UNICORN LAKE-DENTON
STATE SCHOOL BRICK SCREENING WALL IMPROVEMENT PROJECT AWARDED TO
CALVERT PAVING CORP. IN THE AMOUNT OF $98,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bid for such items:
BID
NUMBER
3422
CONTRACTOR
Calvert Paving Corp.
AMOUNT
$98,000
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and persons submitting approved and accepted items and of
the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above numbered items of the submitted
bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
,2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY ~-e%=
3-ORD-Bid 3422
CITY OF DENTON CITY COUNCIL MINUTES
December 5, 2005
After determining that a quorum was present, the City Council convened in a Special Called
Meeting on Monday, December 5,2005 at 11 :30 a.m. in the Council Work Session Room.
PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Mulroy, and
Thomson.
ABSENT: Council Members Montgomery and Kamp.
1. The Council received a report, held a discussion, and gave staff direction on
compensation.
Mike Conduff, City Manager, stated that during the budget process, it was recommended that
Council authorize a compensation study, which would be funded over two fiscal years. During
the October 11, 2005 meeting, Council requested that staff bring back a work session item to
provide an overview of compensation. Rollie Waters with the Waters Consulting Group was
present to conduct the training.
Mr. Waters began with the description of a project overview. The project overview started with
job analysis, finding out what people did. Job evaluation involved job ranking of positions.
Salary survey, salary structures, performance appraisals, and administrative policy were other
key elements of the project overview.
Waters continued with major concepts in compensation administration. Components of those
major concepts included internal equity; relationships between and among jobs in the
organization; individual equity; relationships between and among individuals in the organization
and external equity on comparing to other cities. Objectives of these three equity issues were
maintaining cost control, motivating competent staff and attracting and retaining competent staff.
Job Evaluation and Internal Equity contained two aspects. One was non-quantitative which
included ranking, classification and slotting. The other was quantitative which included point
factor and factor comparison. Point factor evaluation included knowledge, organizational
control, working conditions, freedom to exercise authority, experience, human relations skills,
complexity and budget responsibility. Point factors and grading of jobs were included in the job
evaluation.
A market survey involved key factors in the identification of benchmark organizations including
commonality of positions, competition for jobs, location/proximity, services provided, and
comparable in size. Jobs benchmarked for salary surveys were widespread jobs, precisely
defined, performed similarly and qualified in class series. The number of pay structures
determined from the market survey might include diversity of jobs in the organization, diversity
in grading procedures, balancing internal equity versus external equity competitiveness and
culture of the organization.
Policy issues included salary administration with a lead policy, a lag policy, or a lead/lag policy.
Other issues associated with salary administration included pay range overlap, single rate,
automatic step rate, variable step, a combination of step rate and merit, and merit based only on
performance. New system strategies included goals of bringing all employees to the midpoint
range that were below, provide the employees that were in the lowest quadrants with a larger
increase, or implement no salary increases that would put salaries above the maximum of their
City of Denton City Council Minutes
December 5, 2005
Page 2
salary range. Merit increase guidelines could be based on performance only, based on
performance and position in range, based on performance and position in range using variable
timing, or base the increase as a percentage of the midpoint.
Waters reviewed several samples of public safety plans. He stated that a new trend was skill-
based pay. A skill based pay system was person-based. It focused on an individual's ability to
contribute to the organization and emphasized learning by promoting the acquisition of new
skills. Traditional pay systems were job-based with the nature of the work performed and the
value of that work drove compensation. With a skill based pay results model the focus was on
enhancing an individual's ability to contribute to the overall good of the organization. Skill-
based pay policy issues included organizational objectives, critical behaviors, and reward
systems. It also dealt with employee involvement, skill certification, placement of current
employees, training availability, performance assessment, movement through skill zones and
placement of new employees.
Salary and benefits trending including statistics in the TML average salary percent increase,
executive management positions, non-exempt salary increase percentage, fire and police
department positions, human resource positions, administrative positions, and cost of living
percentages. Benefits to consider when detailing salary included vacation, sick leave, holidays,
group insurance, medical coverage, education, retirement, uniforms, and pay plans. Health plan
cost trends was also a factor to consider. Effective performance management included issues
such a competency-based pay and results-based measures.
Council discussed the information presented by Mr. Waters. Discussion included the fact that to
hire positions there was a need to pay more than anyone else was paying which could be handled
with some qualifiers; training should be from within in order to allow for advancement from
within; a grid of personnel positions with tenure in the job and whether there was a chronic
inability to fill that position would be helpful; and there would be moral problems if there wasn't
a good compensation program.
2. The Council held a discussion and gave staff direction regarding the calendar for the
Council Office.
City Manager Conduff indicated that now that the Council office was back on-line, staff needed
to know how to appropriately schedule the office and who had priority.
Consensus of Council was to have someone maintain a scheduling calendar similar to the method
of the conference rooms. The schedule could be added to the end of the weekly memo. At this
point, Linda Holley would be the best person to take care of the scheduling.
With no further business, the meeting was adjourned at 1 :30 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
December 6, 2005
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, December 6,2005 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp,
Mulroy, and Thomson.
ABSENT: Council Member Montgomery
1. The Council received a report, held a discussion and gave staff direction regarding
Collection Services Request for Proposals for Municipal Court.
Tom Josey, Municipal Court Administrator, reviewed the current process for collection services.
A warrant was issued when the defendant failed to appear or failed to pay. Currently there were
5,000 active warrants to send to a collection service. The current warrant process utilized police
only to resolve open cases, a statute allowed the city to contract with a vendor for collection
services. The State Office of Court Administration was asking all courts to develop a collection
plan. The request for proposal would be used to discover services available in the collection
market. No city money would be spent for the collection services, as the fee would be collected
from the defendant.
Council discussion included:
. The proposal would not cost the city money, as the service fee would be paid by the
defendant.
. The City could determine its own cutoff point for collection of a warrant.
. A short time period to collect the warrants was favorable.
. There should be a broad choice of participants in the RFP process.
. The process would be balanced between in-house staff and a vendor.
Consensus of Council was to proceed with the RFP as proposed.
2. The Council received a report, held a discussion and gave staff direction regarding Small
Cities Emergency Medical Services (EMS) Interlocal agreements and Fire and EMS agreements
with Denton County.
Ross Chadwick, Fire Chief, reviewed the small cities ambulance, EMS and fire contracts with
the County. He reviewed the history of the small cities emergency ambulance interlocal
agreement. Currently Denton only provided service to the City of Sanger. Choices were to
charge a rate for full cost recovery, charge a rate between $20 and a full cost recovery, or get out
of the contract EMS business to other jurisdictions. The staff proposal was to continue to
provide EMS services to small cities at $22 per capita in 2006-07.
Council discussion -
. If Denton stopped providing service to Sanger, would it reduce the city's costs -
Chadwick replied no that the contract was only paying a portion of the ambulance costs.
City of Denton City Council Minutes
December 6, 2005
Page 2
. With the proposed annexation in north Denton, would there be adequate ambulance
service for Sanger and the annexed area - Chadwick replied yes plus the city was already
providing some services in the Mayhill/Cooper Creek service area.
Consensus of Council was to proceed with the small cities EMS agreements as presented.
Chadwick continued with Denton County EMS funding. He reviewed the readiness-population
statistics proposed by the County, the number of ambulance runs and the rural square miles
involved in the funding formula. Current concerns associated with the county funding
arrangement included the fact that the county directly benefited on the cost of service, the costs
continued to rise with little county increase in funding, city residents subsidized county funding
for services they didn't receive, there was a delay in the contract process and the agreement was
always a year behind. Staff proposed to continue to provide contracted EMS services to Denton
County with the City providing annual budget input to the county.
In terms of the County fire contract, current concerns dealt with the county directly benefiting on
the cost of service, the costs continued to rise with little county increase in funding, and city
residents subsidized county funding for services they didn't receive. Staff proposed to continue
to provide contracted fire services to Denton County with the city providing annual budget input
to county.
3. There were no Council requests for clarification of consent agenda items listed on the
consent agenda for December 6,2005.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider the items listed below under the Closed Meeting section of this agenda.
1. Closed Meeting:
A. Consultation with Attorney - Under Texas Government Code Section 9551.071.
1. Considered and discussed status of litigation styled Denton Firefighters
Relief & Retirement Fund v. City of Denton, Cause No. 2005-30380-211,
currently pending in the 21lth District Court of Denton County, Texas.
2. Received, discussed, and gave staff direction regarding, a briefing from
the City's attorneys relating to new legislation (HB 304), including legal
advice relating to the City's duties and obligations under these laws and
strategies for implementation, as well as legal advice specific to the
petition for recognition recently filed by the Denton Police Association.
3. Consultation with the City's attorneys regarding legal issues associated
with annexation of real property in the City's northern ETJ, under
annexation case no. A05-0002, along with other legal issues related to the
annexation, including zoning, land use and subdivision controls,
annexation plans, development agreements, annexation agreements,
service plans, utility service, and legal issues implicated by alternative
proposals advanced by individuals owning property within the proposed
annexation area. A public discussion of these legal matters would conflict
City of Denton City Council Minutes
December 6, 2005
Page 3
with the duty of the City's attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas or
would jeopardize the City's legal position in any administrative
proceedings or potential litigation.
B. Personnel Matters - Under Texas Government Code 9551.074.
1. Deliberated the evaluation, employment, reassignment, and appointment
of an Interim City Manager and future City Manager.
Regular Meeting of the City of Denton City Council on Tuesday, December 6,2005 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
Mayor Brock presented a proclamation for Police Appreciation Day.
B. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments.
3. CONSENT AGENDA
Thomson motioned, Kamp seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Mulroy
"aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
A. R2005-050 - A resolution to declare intent to reimburse expenditures from the
Motor Pool with Certificates of Obligation so that vehicles approved in the 2005-
06 Budget, more fully described in the attachment to this Resolution, may be
purchased; and providing an effective date.
B. 2005-354 - 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 therefor; and providing an effective
date.
City of Denton City Council Minutes
December 6, 2005
Page 4
C. 2005-355 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order with the Houston-Galveston Area
Council of Governments (HGAC) for the acquisition of four 2006 Ford
Expeditions for the City of Denton Police Department by way of an Interlocal
Agreement with the City of Denton; and providing an effective date (File 3418 -
Interlocal Agreement for Four 2006 Ford Expeditions with HGAC awarded to
Philpott Ford in the amount of $94,264).
D. 2005-356 - An ordinance accepting competitive bids by way of an Interlocal
Agreement with Tarrant County and awarding a contract for the purchase of
eleven police sedans; providing for the expenditure of funds therefor; and
providing an effective date (File 3423 - Interlocal Agreement for Police Sedans
with Tarrant County, contract awarded to Philpott Ford Inc. in the amount of
$257,073.85).
E. 2005-357 - An ordinance of the City of Denton, Texas providing for, authorizing,
and approving the expenditure of funds for the purchase of Promotional
Commercials from Comcast Advertising, Denton, Texas, pertaining to Denton
Municipal Electric, which are available from only one source in accordance with
the pertinent provisions of Chapter 252 of the Texas Local Government Code
exempting such purchases from the requirements of competitive bidding; and
providing an effective date (File 3434 - Comcast Advertising in the amount of
$48,360). The Public Utility Board recommended approval (5-0).
F. 2005-358 - An ordinance awarding an annual contract for the purchase of a CASE
590 Loader/Backhoe for the City of Denton Street Department, as awarded by the
State of Texas Building and Procurement Commission; providing for the
expenditure of funds therefor; and providing an effective date (File 3424 to Future
Equipment in the amount of $74,333).
G. Approved tax refunds for the following property taxes:
Name
Reason
Tax
Year
Amount
DCAD
2004
4. Washington Mutual/Mills,
Donald & Amber
Overpayment
2003 $ 642.86
6. Corral Group Inc
DCAD Supplemental Change 2003 $ 620.82
H. 2005-359 - An ordinance of the City of Denton, Texas approving and authorizing
the Mayor to execute an Interlocal Ambulance Agreement between the City of
Denton and Denton County for ambulance services; and declaring an effective
date.
City of Denton City Council Minutes
December 6, 2005
Page 5
I. 2005-360 - An ordinance of the City of Denton, Texas approving and authorizing
the Mayor to execute an Interlocal Fire Protection agreement between the City of
Denton and Denton County for fire protection services; and declaring an effective
date.
1. 2005-361 - An ordinance approving an Interlocal Ambulance Agreement between
the City of Denton and the City of Sanger for ambulance services; and declaring
an effective date.
K. 2005-362 - An ordinance of the City of Denton authorizing an agreement between
the City of Denton, Texas and the Denton Festival Foundation to support the 2006
Arts and Jazzfest; providing for the expenditure of funds therefor; and providing
for an effective date.
L. Approved the minutes of:
September 6, 2005
September 7, 2005
September 13, 2005
September 20, 2005
October 3, 2005
October 4, 2005
M. 2005-363 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a professional services agreement with Fletcher & Springer,
LLP, for professional legal services relating to litigation styled Denton
Firefighters Relief & Retirement Fund v. City of Denton, Cause No. 2005-30380-
211, currently pending in the 211th District Court of Denton County, Texas;
authorizing the expenditure of funds not exceeding thirty-five thousand dollars
($35,000) therefor; and providing an effective date
N. 2005-364 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a contract for professional legal services with Terry Morgan
& Associates, P.C., for professional legal services relating to issues and
anticipated litigation surrounding the annexation in the northern part of the City of
Denton; authorizing the expenditure of funds not exceeding thirty thousand
dollars ($30,000) therefor; and providing an effective date.
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
regarding an Alternative Development Plan for a financial institution development on
approximately 0.828 acres. The subject property was generally located on the southeast corner
of Wind River Lane and Unicorn Lake Blvd. intersection. The property was located in a
Regional Center Commercial Downtown (RCC-D) zoning district. The purpose of the
Alternative Development Plan was to deviate from the requirements of Subchapter 13 of the
Development Code. The Planning and Zoning Commission recommended approval (7-0).
(ADP05-0007, Washington Federal Savings)
City of Denton City Council Minutes
December 6, 2005
Page 6
Kelly Carpenter, Director of Planning and Development, presented the details of the proposal,
which was to develop a bank on the site. The developer was requesting to deviate from the site
design standards concerning the location and number of parking spaces and the location of street
trees. The proposal would allow 17 parking spaces in front of the building where no spaces were
allowed and alternative locations for the required street trees. Mitigation would be provided by
additional landscaped areas (39% where 10% was required) and 29% canopy coverage where
20% was required. Three five-foot sidewalks would be provided from the street to the bank in
order to create a pedestrian environment.
The Mayor opened the public hearing.
Brendon O'Leary, representing the developer, stated that he was available to answer any Council
questions.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2005-365
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 0.828 ACRES OF
LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF WIND RIVER
LANE AND UNICORN LAKE BLVD.; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP05-0007)
McNeill motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried
unanimously.
B. The Council held a public hearing and considered adoption of an ordinance
regarding an Alternative Development Plan for a proposed retail and office development on
approximately 25 acres. The subject property was generally located on the northwest corner of
University Drive and Old North Road intersection. The property was located in a Neighborhood
Residential Mixed Use (NRMU) zoning district and Commercial Mixed Use General (CM-G)
zoning district. The purpose of the Alternative Development Plan was to deviate from the
requirements of Subchapter 13 of the Development Code. The Planning and Zoning
Commission recommended approval with conditions (7-0). (ADP05-0008, The Shops at Old
North)
Kelly Carpenter, Director of Planning and Development, stated that the applicant was proposing
to deviate from the site design standards concerning parking areas located in front of the
building. The Planning and Zoning Commission recommended that a three-foot high berm be
added outside the eight-foot easement area. Staff supported that recommendation. The applicant
was asking for two rows of parking between University and the buildings.
Council discussed the fact that there was an incomplete site plan associated with the alternative
development plan. The Legal Department indicated that Council could deny the proposal or
City of Denton City Council Minutes
December 6, 2005
Page 7
remand back to the Planning and Zoning Commission with direction to prepare a complete site
plan.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Steve Schattner, representing the developer, spoke in favor.
Council discussed with Mr. Schattner:
. The developer wanted to submit the proposal as a total package and not piece meal but
was discouraged by staff to do so.
. The development appeared to be at a critical path point of view and the incomplete site
plan was not helping the developer.
. Would delaying approval cause problems for the development - Schattner stated that he
already had a contract ready to sign depending on approval of the ADP.
. No one was objecting to the proposal but the issue was a matter of completeness.
The Mayor closed the public hearing.
Mulroy motioned, Thomson seconded to remand the proposal back to the Planning and Zoning
Commission requesting a full site plan. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye",
Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
C. The Council held a public hearing and considered adoption of an ordinance
regarding amendments to the Denton Development Code of Ordinances of the City of Denton,
Texas related to tree canopy requirements in the Industrial Center (IC-E) and Industrial Center
General (IC-G) zoning districts. The Planning and Zoning Commission recommended approval
(6-0). (DCA05-0009, Amendment to Tree Canopy Requirements)
Kelly Carpenter, Director of Planning and Development, stated that this issue arose as a result of
two recently approved alternative landscape plans for warehouses. The Planning and Zoning
Commission and staff discussed the current regulations and did not recommend any changes to
the Employment Center requirements. In the Industrial Centers, it was recommended to amend
the IC-E and IC-G percent tree canopy cover in the Landscape and Tree Canopy Requirements
Table from 20% to 15%.
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. 2005-366
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF A TABLE CONTAINED WITHIN SUBSECTION 35.13.7.B OF THE DENTON
City of Denton City Council Minutes
December 6, 2005
Page 8
DEVELOPMENT CODE, TO REDUCE THE REQUIRED PERCENTAGE OF TREE
CANOPY COVERAGE IN THE INDUSTRIAL CENTERS EMPLOYMENT (IC-E)
AND INDUSTRIAL CENTERS GENERAL (IC-G) ZONING DISTRICTS FROM 20%
TO 15%; PROVIDING A MAXIMUM PENALTY OF $2000.00 FOR VIOLATIONS
THEREOF; PROVIDING FOR A SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE. (DCA05-0009)
Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried
unanimously.
D. The Council held a public hearing and considered adoption of an ordinance
concerning the rezoning of approximately 2.85 acres from a Planned Development-139 (PD-139)
zoning district to Neighborhood Residential Mixed Use (NRMU) district. The property was
generally located on the south side of Vintage and 1,700 feet west of Bonnie Brae. The Planning
and Zoning Commission recommended approval (6-0). (Z05-0023, Denton Fire Station #7)
Kelly Carpenter, Director of Planning and Development, stated that the proposal was for a fire
station to be built on the site. The Planned Development 130 did not anticipate a fire station and
needed to be rezoned to Neighborhood Residential Mixed Use in order to accommodate the fire
station.
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. 2005-367
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM PLANNED DEVELOPMENT-139 (PD-139) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) FOR APPROXIMATELY 2.85 ACRES OF
LAND GENERALLY LOCATED APPROXIMATELY 1,700 FEET WEST OF
BONNIE BRAE ON THE SOUTH SIDE OF VINTAGE BOULEVARD; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0023)
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried
unanimously.
City of Denton City Council Minutes
December 6, 2005
Page 9
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas, replacing a policy for tax abatement for the City of Denton to establish
guidelines and criteria governing tax abatement agreements; and declaring an effective date.
Economic Development Partnership Board recommended approval (4-0).
Linda Ratliff, Economic Development Director, stated that every two years the City needed to
renew its tax abatement policy. This proposed policy cleaned up some of the language, deleting
language references to the County and included references to the Economic Development Board.
It also included the condition that an applicant receive an additional consideration if the project
were a medical manufacturing or research facility, The definition of a business park was added
and language referring to the applicant's ability to transfer or assign the tax abatement agreement
was removed.
The following resolution was considered:
NO. R2005-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
REPLACING A POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO
ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT
AGREEMENTS; AND DECLARING AN EFFECTIVE DATE
McNeill motioned, Heggins seconded to approve the resolution as presented. On roll vote,
Heggins "aye", Kamp "aye", McNeill "aye", Mulroy "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance providing for the appointment
of an interim City Manager; and providing an effective date.
Mayor Pro Tem McNeill stated that the Council Appointee Performance Review Committee met
and evaluated the need for an interim city manager. The Committee unanimously recommended
the appointment of Howard Martin as interim city manager with the conditions described in the
ordinance.
The following ordinance was considered:
NO. 2005-368
AN ORDINANCE PROVIDING FOR THE APPOINTMENT OF AN INTERIM CITY
MANAGER; AND PROVIDING AN EFFECTIVE DATE.
McNeill motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McNeill "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried
unanimously.
C. Citizen Reports
1. Review of procedures for addressing the City Council.
2. The Council received a citizen report from:
City of Denton City Council Minutes
December 6, 2005
Page 10
A. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth stated that the City would be having a new city manager and a new Mayor but
would still be going down the same road. That road was that there would be no African
American firefighters in the City of Denton.
D. New Business
The following items of New Business were suggested by Council for future agendas:
1. Council Member Thomson requested that staff look into the issues of
graffiti on stop signs and electrical boxes.
2. Council Member Thomson suggested increasing the visibility of the Plus
One Program through Denton Municipal Electric.
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. There was no continuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act.
G. There was no official action on Closed Meeting Item(s) under Sections 551.071-
551.086 of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 8:04 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
December 13, 2005
The City of Denton City Council participated in a tour of the City of Denton Animal Shelter, 300
S. Woodrow, Denton, Texas on Tuesday, December 13, 2005 at 3:30 p.m.
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Special Called Work Session on Tuesday, December 13, 2005 at 5:00 p.m. in the
Council Work Session Room at City Hall.
PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp,
Montgomery, Mulroy, and Thomson.
ABSENT: None.
1. The Council received a report, held a discussion, and gave staff direction regarding
continuing improvements at the Animal Shelter and the Connolly Architects' Feasibility Study of
the shelter.
Lieutenant Scott Fletcher, Police Department, thanked the Council for touring the facility.
Fletcher reviewed the recent improvements at the shelter: razor wire fencing replaced with
wrought-iron fencing; complete restructuring of front landscaping; new logo and signage at
shelter; received donations of a washer, dryer, dishwasher, and specialized beds for kennels; and
streamlined the adoption process.
Coming improvements included: development of an extensive volunteer program; a non-profit
"Friends of the Shelter" organization; updates and improvements to the Animal Services web site;
a play yard; A VID Microchips to provide microchip identification for each animal adopted;
specialized air purifiers for each area of the shelter; and a sealant for the flooring for disease
control.
Future programs and opportumtIes included: a vaccination program; development of a
comprehensive marketing strategy for the shelter; and building a new shelter facility or
renovating the current facility.
Fletcher stated that Connolly Architects provided a Feasibility Study of the current animal
shelter facility. The shelter's location was the best feature of the facility. Problems with the
existing shelter included: a leaking roof; inadequate electrical system and lighting; poor
drainage system; accessibility deficiencies; inadequate ventilation and insulation; inadequate
parking spaces; kennel overcrowding.
Fletcher stated that the feasibility study provided options for renovating the current facility and
building a new facility. Renovation was not feasible. The cost estimate to demolish, remodel
and expand the existing facility was $4.12 million. The cost estimate to replace the existing
facility in a new location was $3.96 million. Fletcher stated they might be able to eliminate the
cost of $105,000 for the purchase of land after looking at some existing city buildings.
Fletcher stated that part of the decision to renovate or build a facility was tied to current
interlocal agreements with outside agencies to house their animals. The rates charged in the
agreements did not provide sufficient revenue to offset the costs. Because of the lack of
available local shelters in the area, there were many additional agencies that continually seek an
agreement to use the city shelter. Fletcher stated they had two options: sever the interlocal
agreements and build to Denton's projected growth levels or alter the agreements so that these
outside agencies paid an appropriate amount for their use of the facility.
City of Denton City Council Minutes
December 13, 2005
Page 2
Council Member Mulroy asked for Fletcher's recommendation related to the interlocal
agreements. Fletcher replied that he would recommend getting rid of the interlocal agreements.
Consensus of the Council was to move in the direction of having a city facility rather than a
county facility.
2. The Council received a report, held discussion and gave staff direction regarding
necessary amendments to Article V of Chapter 26 and the adoption of Article IX entitled "On-
Site Sewage Facilities (OSSFs)" Division 1, Sections 26-260 through 26-270, in order to comply
with the changes adopted by Texas Commission on Environmental Quality (TCEQ). The Public
Utilities Board recommends approval (5-0).
Jim Coulter, Director of Water Utilities, briefed the council on changes that needed to be made to
the Code of Ordinances regarding on-site sewage facilities. The current ordinance did not
comply with current TCEQ standards. The proposed amendments were designed to meet the
current TCEQ standards. In some cases, more stringent regulations were proposed for the
purposes of greater public health protection.
Coulter stated that the proposed ordinance required construction permits for all OSSFs regardless
of tract size; required all OSSF plans to be prepared by either professional engineers or
registered sanitarians; required lots or tracts of land created or platted to have at least 2 acres
when a private drinking water well was located on the tract or lot; required lots or tracts of land
created or platted to have a minimum area of one acre for installation of OSSFs; required
commercial/institutional facilities using aerobic treatment systems to test for CBOD and TSS at
least once every four months; ordinance required aerobic treatment tanks be installed at a depth
no greater than two feet measured from the top of the tank lid to the top of the tank excavation.
TCEQ staff had approved Denton's proposed OSSF ordinance and authorized Denton to proceed
with the adoption process. Coulter stated that the City must hold a public meeting to discuss the
proposed ordinance and must adhere to standard public notification requirements. The public
meeting was tentatively scheduled for January 12. Once a public meeting was held the City
Council must formally adopt the ordinance.
Consensus of the Council was to move forward with the process of approving the amendments.
3. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for today's City Council regular meeting of December 13, 2005.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 5:53 p.m. to consider the following.
1. Closed Meeting:
A. Consultation with Attorney - Under Texas Government Code Section 551.071 -
1. Consultation with the City's attorneys regarding legal issues, including
defense of potential litigation, associated with annexation of real property
in the City's northern ETJ, under annexation case no. A05-0002, along
City of Denton City Council Minutes
December 13, 2005
Page 3
with other legal issues related to the annexation, including zoning, land
use and subdivision controls, annexation plans, development agreements,
annexation agreements, service plans, utility service, and legal issues
implicated by alternative proposals advanced by individuals owning
property within the proposed annexation area. A public discussion of
these legal matters would conflict with the duty of the City's attorneys to
the City Council under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas or would jeopardize the City's legal
position in any administrative proceedings or potential litigation.
2. Considered and discussed status of litigation styled Denton Firefighters
Relief & Retirement Fund v. City of Denton, Cause No. 2005-30380-211,
currently pending in the 21lth District Court of Denton County, Texas.
The Council adjourned the Closed Meeting at 6:25 p.m.
Regular Meeting of the City of Denton City Council on Tuesday, December 13, 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
2. Proclamation for PeterbiltIPACCAR Day.
The Mayor read a proclamation for PeterbiltIP ACCAR Day.
1. The Council considered a Resolution of Appreciation for Mike Conduff.
Mayor Brock read a resolution of appreciation for Mike Conduff.
McNeill, motioned, Kamp seconded to approve the Resolution of Appreciation. On roll vote,
Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye"
and Mayor Brock "aye". Motion carried unanimously.
Mayor Brock presented Mr. Conduffwith a plaque recognizing his service to the City.
The Mayor read a proclamation for Recycle with Rex Day.
B. December Yard-of-the-Month Awards
Mayor Brock presented the December Yard-of-the Month awards.
City of Denton City Council Minutes
December 13, 2005
Page 4
C. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments.
3. CONSENT AGENDA
Kamp motioned, Heggins seconded to adopt the Consent Agenda and accompanying ordinances
and resolutions. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye",
Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
A. Approved the minutes of:
October 11, 2005
October 18, 2005
October 26, 2005
November 1, 2005
November 7, 2005
November 8, 2005
November 15, 2005
B. 2005-369 - An ordinance accepting competitive bids and awarding a two year
contract for the purchase of electric distribution conductors for Denton Municipal
Electric; providing for the expenditure of funds therefore; and providing an
effective date (Bid 3412 - Two Year Contract for Purchase of Electric
Distribution Conductors awarded to the lowest responsible bidder for each item,
Techline, Inc., in the annual estimated amount of $135,950). (The Public Utilities
Board will consider this item at the December 12 meeting.)
C. 2005-370 - An ordinance accepting competitive bids and awarding an annual
contract for trucking services for the City of Denton Street Division; providing for
the expenditure of funds therefore; and providing an effective date (Bid 3413 -
Annual Contract for Trucking Services awarded to the overall lowest bidder,
Hickory Creek Haulers, LLC in the annual estimated amount of $56,000).
D. 2005-371 - 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 3432 -
Electrical Energy Transmission Fees-Lower Colorado River Authority in the total
amount of $134,420). (The Public Utilities Board will consider this item at the
December 12 meeting.)
E. 2005-372 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order with the Houston-Galveston Area
Council of Governments (H-GAC) for the acquisition of eighteen vehicles for
various city departments by way of an Interlocal Agreement with the City of
Denton; and providing an effective date (File 3437 - Interlocal Agreement for
Fleet Vehicles with H-GAC awarded to Philpott Ford in the amount of $328,784).
City of Denton City Council Minutes
December 13, 2005
Page 5
F. 2005-373 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order with the Houston-Galveston Area
Council of Governments (H-GAC) for the acquisition of closed circuit television
camera system for the City of Denton Wastewater Collection Department by way
of an Interlocal Agreement with the City of Denton; and providing an effective
date (File 3435 - Interlocal Agreement for Closed Circuit Television Camera
System with H-GAC awarded to Green Equipment Co. in the amount of $95,597).
(The Public Utilities Board will consider this item at the December 12 meeting.)
G. 2005-374 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order with the Houston-Galveston Area
Council of Governments (H-GAC) for refuse cart assembly for the Solid Waste
Division by way of an Interlocal Agreement with the City of Denton; and
providing an effective date (File 3439 - Interlocal Agreement for Refuse Cart
Assembly with H-GAC awarded to Rehrig Pacific Company in the amount of
$2.79 per container, not to exceed $37,428, including the H-GAC administrative
fee). (The Public Utilities Board will consider this item at the December 12
meeting.)
H. 2005-375 - An ordinance of the City of Denton authorizing the City Manager, or
his designee, to execute on behalf of the City of Denton an acceptance of an offer
from the Texas Department of Transportation relating to a grant for Routine
Airport Maintenance Program; authorizing the City Manager to expend funds
provided for in the grant program; and declaring an effective date (TxDOT
Project No.: AM2006DNTON; and TxDOT CST No.; M618DNTON). The
Airport Advisory Board recommends approval (6-0).
I. 2005-376 - An ordinance approving the termination of that certain lease of airport
property between the City of Denton, Texas, and Aero Properties of Denton,
LLC; authorizing the City Manager to execute a first amendment to that certain
fixed based operator airport lease agreement between the City of Denton, Texas,
and BAM Denton Management Ventures to include approximately 1.56 acres of
the property within the terminated lease of Aero Properties of Denton, LLC and
making certain other amendments to that lease agreement; and providing an
effective date. The Airport Advisory Board recommends approval (6-0).
1. 2005-377 - An ordinance of the City of Denton, Texas approving a Letter
Agreement between the City of Denton, JVC Real Estate, L.L.C. and First United
Bank and Trust Company; and providing an effective date. The Airport Advisory
Board recommends approval (6-0).
K. R2005-052 - A resolution of the City of Denton, Texas approving internal audit
functions of the City of Denton; establishing an Audit Committee; and providing
an effective date.
L. R2005-053 - A resolution supporting the Regional Transit Initiative; providing
for transmission of this resolution to a designated member of the Texas
legislature; and providing an effective date.
City of Denton City Council Minutes
December 13, 2005
Page 6
M. R2005-054 - A resolution of the City of Denton Texas, granting recognition of
the Denton Police Officer's Association as the sole and exclusive bargaining
agent for the non-exempt employees of the Denton Police Department, and
authorizing the City of Denton, Texas to meet and confer with the Denton Police
Officer's Association under Subchapter B of Chapter 142 of the Texas Local
Government Code, without conducting an election.
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 for calendar year 2004 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; and providing
for notice of this Ordinance to Atmos Energy Corporation; and providing an effective date.
Ed Snyder, City Attorney, stated that the ATM consultants had advised that Atmos was not
eligible for a GRIP increase since it had not filed a rate case within the preceding two years and
had included ineligible relocation costs as a part of its GRIP filing.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
2005-378
AN ORDINANCE OF THE CITY OF DENTON, TEXAS DENYING ATMOS
ENERGY CORPORATION'S REQUEST FOR AN ANNUAL GAS RELIABILITY
INFRASTRUCTURE PROGRAM ADmSTMENT FOR CALENDAR YEAR 2004 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; AND PROVIDING FOR NOTICE OF THIS ORDINANCE
TO ATMOS ENERGY CORPORATION; AND PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance on second and final reading to
consider annexing approximately 5,800 acres of land contiguous and adjacent to the City of
Denton, Texas, located in the in the northeastern area of the City of Denton's Extraterritorial
Jurisdiction; generally located between the City's current northern city limits and Lake Ray
City of Denton City Council Minutes
December 13, 2005
Page 7
Roberts along both sides of FM 2153 and FM 428 north of Hartlee Field Road; such annexation
area being located in the V. Gailer Survey, Abstract Number 452, 1. Clark Survey, Abstract
Number 247, 1. Cheek Survey, Abstract Number 227, H. Williams Survey, Abstract Number
1417, 1. Douthit Survey, Abstract Number 329, S. Morris Survey, Abstract Number 859, D.
Ground Survey, Abstract Number 489, 1. Petty Survey, Abstract Number 1027, P. O'Leary
Survey, Abstract Number 977, S. Lamar Survey, Abstract Number 761, 1. Thomas Survey,
Abstract Number 1240, W. Thompson Survey, Abstract Number 1238, A. Patton Survey,
Abstract Number 990, S. Williams Survey, Abstract Number 1322, E. Myers Survey, Abstract
Number 932, and the E. Myers Survey, Abstract Number 933, Denton County, Texas; approving
a service plan for the annexed property, providing a severability clause, and providing an
effective date.
Ed Snyder, City Attorney, presented council a copy of the stay order that the Ft. Worth Court of
Appeals had filed this afternoon. He also stated that the Council had received a copy of an
alternate ordinance that annexed approximately 3300 acres. It included Shepherd Road and
everything south. It excluded the JNC property.
Mayor Brock indicated the following Request to Speak Cards had been submitted:
Shirley Harris, 2056 Burger Road, Aubrey
Buddy Dobson, 5547 Woodland Hills, Denton
Bessie Dobson, 5547 Woodland Hills, Denton
Serena Daugherty, 1300 Tulane, Denton
The following individuals spoke regarding the item.
Walter Ray, 10744 F.M. 428, Aubrey, opposition
Wade Hilton, 5575 Green Valley Circle, Aubrey, opposition
Mark Hannah, 3517 Bentley Court, Denton, opposition
Matt Miller, Hughes & Luce, opposition
The following ordinance was considered:
NO. 2005-379
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING AN
APPROXIMATE 3,392 ACRE PORTION OF APPROXIMATELY 5,800 ACRES OF
LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS,
LOCATED IN THE NORTHEASTERN AREA OF THE CITY OF DENTON'S
EXTRATERRITORIAL JURISDICTION; GENERALLY LOCATED BETWEEN THE
CITY'S CURRENT NORTHERN CITY LIMITS AND LAKE RAY ROBERTS
ALONG BOTH SIDES OF FM 2153 AND FM 428 NORTH OF HARTLEE FIELD
ROAD; SUCH ANNEXATION AREA BEING LOCATED IN THE V. GAlLER
SURVEY, ABSTRACT NUMBER 452,1. CLARK SURVEY, ABSTRACT NUMBER
247, 1. CHEEK SURVEY, ABSTRACT NUMBER 227, H. WILLIAMS SURVEY,
ABSTRACT NUMBER 1417, 1. DOUTHIT SURVEY, ABSTRACT NUMBER 329, S.
MORRIS SURVEY, ABSTRACT NUMBER 859, D. GROUND SURVEY,
ABSTRACT NUMBER 489, 1. PETTY SURVEY, ABSTRACT NUMBER 1027, P.
O'LEARY SURVEY, ABSTRACT NUMBER 977, S. LAMAR SURVEY, ABSTRACT
City of Denton City Council Minutes
December 13, 2005
Page 8
NUMBER 761,1. THOMAS SURVEY, ABSTRACT NUMBER 1240, W. THOMPSON
SURVEY, ABSTRACT NUMBER 1238, A. PATTON SURVEY, ABSTRACT
NUMBER 990, S. WILLIAMS SURVEY, ABSTRACT NUMBER 1322, E. MYERS
SURVEY, ABSTRACT NUMBER 932, AND THE E. MYERS SURVEY, ABSTRACT
NUMBER 933, DENTON COUNTY TEXAS; THE COMPLETION OF THE
ANNEXATION EXCLUDES THAT PORTION OF THE APPROXIMATE 5800
ACRES LYING NORTH OF SHEPARD ROAD, DUE TO A COURT INJUNCTION
ENJOINING THE ANNEXATION OF SUCH PROPERTY; APPROVING A SERVICE
PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A05-0002)
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "nay", Kamp
"aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried (6-1).
B. New Business
This item provides a section for Council Members to suggest items for future agendas or
to request information from the City Manager.
Council Member Mulroy requested a discussion on multi-family at a work session.
Mayor Brock requested discussion with downtown leaders at a luncheon regarding lack of
cleanliness of downtown area.
Council Member Heggins requested an update on renaming a street MLK.
C. 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.
D. There was no continuation of the Closed Meeting under Sections 551.071-
551.086 of the Texas Open Meetings Act.
E. There was no official action on Closed Meeting Item(s) under Sections 551.071-
551.086 of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 7: 15 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE:
January 3, 2006
CM:
Utilities Administration
Howard Martin, 349-8232 ..
DEPARTMENT:
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas providing for the amendment
and correction of the schedule of Miscellaneous Fees, Deposits, Billings and Procedures for
Administrative Services to City customers and Taxpayers contained in Ordinance No. 2005-254
regarding delinquent service charges only; providing for a repealer; providing for a severability
clause; and providing for an effective date. (The Public Utilities Board recommends approval
7-0.)
BACKGROUND
On August 22,2005, the PUB approved the Miscellaneous Rate Ordinance, which was adopted
by Council on September 20,2005. At that time staff recommend no changes to the
Miscellaneous Rate Ordinance, however, the Delinquent Service Charge page included in the
ordinance was a previous version (Exhibit 1). Exhibit 2 is the corrected Delinquent Service
Charge, which is the same as the FY 2004-05 approved rate.
SUMMARY
By approving the revised Delinquent Service Rate the Miscellaneous Rate Ordinance will be the
same as the FY 2004-05 ordinance.
FISCAL SUMMARY
The charges included in the Delinquent Service Charge rate will provide the revenues necessary
to cover the cost of service to customers.
RECOMMENDA TION
Staff recommends approval of the proposed change to the Delinquent Service Charge.
PRIOR ACTIONIREVIEW (Council. Boards. Commissions)
This item was presented to the Public Utilities Board at their December 12, 2005 regular
meeting. The Public Utilities Board recommends approval 7-0.
EXHIBITS
1. Delinquent Service Charge - Ordinance No. 2005-254
2. Revised Miscellaneous Rate Ordinance - Delinquent Charges
3. PUB Minutes
1
Respectfully submittted:
~~ (l ~
Gary A. Calmes
Utilities Financial Administrator
2
DELINQUENT SERVICE CHARGE
(Effective 1 % 1/05)
APPLICATION
Applicable when a customer's account is processed for disconnection due to nonpayment.
CHARGE
Delinquent Service Charge
(When service is disconnected at the meter socket)
Reconnect Charge, after business hours
$22.00
$55.00
EXHIBIT 1
ORDINANCE NO. 2005-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE
AMENDMENT AND CORRECTION OF THE SCHEDULE OF MISCELLANEOUS FEES,
DEPOSITS, BILLINGS AND PROCEDURES FOR ADMINISTRATIVE SERVICES TO
CITY CUSTOMERS AND TAXPAYERS CONTAINED IN ORDINANCE NO. 2005-254
REGARDING DELINQUENT SERVICE CHARGES ONLY; PROVIDING FOR A
REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on September 20, 2005 the City Council approved and adopted the
Miscellaneous Rate ordinance for FY 2006, being Ordinance No. 2005-254; the effective date
for said ordinance was October 1, 2005; and
WHEREAS, Staff has determined that there was an inadvertent error in Ordinance No.
2005-254, which is effective for FY 2006, in the area regarding the imposition and charging of
delinquent service charges, and that change should be corrected; that the rate and terms for FY
2006 should have been the very same as was charged customers in FY 2005; said error has
existed since October 1, 2005; and Staff recommends that the City Council approve this
ordinance to correct Staff s inadvertent error immediately; and
WHEREAS, the provisions in the area of delinquent service charges for FY 2005 and for
in for FY 2006 are the same, as intended by the City Council; so the Council's action in
amending and correcting this part of the rate ordinance creates no new responsibilities or rates or
amounts to be charged by the City to its customers; and
WHEREAS, the City Council finds that this amended ordinance, dealing solely with the
subject of delinquent service charges, is in the public interest and should be in all things
approved; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The attached schedule of charges for delinquent service charges as
generally provided for in Chapter 26 of the Code of Ordinances; and for services to other City of
Denton customers and taxpayers, are hereby approved and established by the City Council. All
provisions, save and except the provisions for Delinquent Service Charges, shall remain the same
as in Ordinance No. 2005-254, which was made effective on October 1, 2005. The Delinquent
Service Charge provisions as amended, are as stated on Exhibit "A", which is attached hereto
and incorporated herewith by reference.
SECTION 2. All ordinances or parts of ordinances in force when the provisions of this
ordinance became effective which are inconsistent, or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of any such conflict.
1
EXHIBIT 2
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION 4. This ordinance shall become effective, charged, and applied to all
delinquent service charges occurring on and after December 13, 2005; and a copy of said fees
and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas.
PASSED AND APPROVED this the
day of December, 2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
WfllJ;4tw
By:
2
DELINQUENT SERVICE CHARGE
(Effective 12/13/05)
APPLICATION
Applicable when a customer's account is processed for disconnection due to nonpayment.
CHARGE
Delinquent Service Charge
(When service is disconnected at the meter socket)
$30.00
Delinquent Service Charge
(When service is disconnected at the transformer)
$110.00
Reconnect Charge, after business hours
(When service is disconnected at the meter socket)
$55.00
Reconnect Charge, after business hours
(When service is disconnected at the transformer)
$145.00
When more than one trip, within twenty-four (24) hours, is required to restore a customer's
service, a Return Trip Charge, in addition to the Reconnect Charge, shall be applied for each
additional trip.
Return Trip Charge during business hours
$30.00
Return Trip Charge after business hours
$55.00
Business hours are defined as from 8:00 a.m. to 5:00 p.m., Monday through Friday.
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DRAFT
AGENDA
PUBLIC UTILITIES BOARD
December 12,2005
Mter determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Public Utilities Board convened into an Open Meeting on Monday, December 12, 2005
at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
Street, Denton, Texas.
Present:
Bob Bland, John Baines, Bill Cheek, Phil Gallivan, George Hopkins,
Charldean Newell, Dick Smith
EX OFFICIO MEMBERS
Howard Martin
ITEMS FOR INDIVIDUAL CONSIDERATION
9) Consider recommending approval of an amended Miscellaneous Rate Ordinance replacing
the Delinquent Service Charge to match the FY 2004-05 ordinance.
Martin explained when the Miscellaneous Rate Ordinance was approved by Council the
Delinquent Service Charge page included in the ordinance was a previous version. By
approving the revised Delinquent Service Rate the Miscellaneous Rate Ordinance will be the
same as the FY 2004-05 ordinance.
Hopkins moved to approve Item # 9 with a second from Bland. The motion was approved
by a vote of 7-0.
EXHIBIT 3
AGENDA INFORMATION SHEET
AGENDA DATE: January 3, 2006
DEPARTMENT:
Utility Administration
..
CM:
Howard Martin, 349-8232
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing
the City Manager to execute a Professional Services Agreement for Architectural or Engineering
services by and between the City of Denton, Texas and Birkhoff, Hendricks & Conway, L.L.P.
for engineering services associated with the repainting and rehabilitation of the high school
elevated storage tank in the amount of $99,610; providing for the expenditure of funds therefor;
and providing an effective date. (The Public Utilities Board recommends approval 7-0.)
BACKGROUND
The High School Elevated Storage Tank is located on the north side of Denton adjacent to the
east side of the UNT Research Center formally known as the old Texas Instruments complex
(Exhibit 1). This elevated storage tank was originally constructed in 1969 by Pittsburg-Des
Moines Contractors and has a capacity of 2.0 million gallons. The tank design is referred to as a
Toro-pillar style tank and includes a supporting structure composed of a large central fluted steel
column and a series of tubular steel columns around the peripheral edge of the tank bowl. A
picture of this tank is included as Exhibit 2. The tank was originally referred to as the Riney
Road Tank due to its location off of the northern end of Riney Road but was later called the High
School Tank due to its exterior painting scheme and colors. The tank's painting maintenance
history is listed below:
Year
Activitv
Description
1969
Original Construction
Interior -
Exterior-
Asphaltic Based Coating System
Lead Based Primer with Alkyd
Based Coating System
1979
Exterior Painted
Silicon Alkyd Based Over Coat System
1990
Interior Painted
Sand Blast to Bare Steel - Two Coat Epoxy
System
Staff had originally planned on doing an additional overcoat paint application in 1990 along with
the interior sand blast and paint system on the interior. Due to insufficient budget and higher
than anticipated bids, the exterior coating system was deleted from the bid award. Prior to this
time, tank painting was funded by the maintenance budget within the Water Production
Division's O&M budget. Since the exterior of the High School tank was so large and complex,
it was decided that future projects should be funded from an ear marked O&M reserve fund. A
tank painting reserve fund was established in the FY 1992 Water Utilities budget and annual
funding would be included within the Water Production's O&M budget each year.
Staff hired Tank Industry Consultants to perform an exterior tank coating system evaluation in
1994 in anticipation of preparing bid documents for the painting of the exterior of the High
School Tank. This evaluation identified the primer painting system on the exterior of the tank
was a lead based paint system. The original painting specifications for the tank in 1969 had
specified a primer coating system that was not a lead based paint system. This discovery along
with recently changed regulations by the Texas Water Commission (now known as the TCEQ)
resulted in a preliminary cost estimate for repainting the exterior of the tank of $683,000.00. By
1995, the tank painting reserve fund balance was only $350,000.00.
In the early to mid 1990's, the tank painting industry was just beginning to equip itself for
dealing with projects that involved containment systems for abrasive blasting and lead
abatement. As a result, the bidding environment for these types of projects was very volatile.
During the mid 1990's any elevated tank owners that were bidding tank painting projects that
included lead abatement saw very high prices and had to deal with contractors that were learning
how to design and implement abrasive blasting containment systems. As a result, the staff
elected to delay the project, increase the funding level to the tank-painting fund to deal with such
a large expense, and evaluate alternatives to a conventional blast and paint approach.
In the spring of 1996, staff hired BHC to evaluate exterior painting alternatives for both the High
School Tank and the McKenna Park Tank. Although the McKenna Park Tank did not have a
lead based primer, its location would likely require a blast containment system. This evaluation
included a review of the economics of an overcoat/encapsulation approach verses a conventional
blast and paint approach. Based upon this evaluation, staff had originally recommended
proceeding forward with an overcoat/encapsulation approach for both tanks and had an
engineering services proposal to proceed forward with the High School Tank. However, the
PUB had concerns about leaving the lead based primer on the tank and redirected staff to
proceed forward with the conventional blast and paint approach in about three to four years.
Prior to the construction of the Lake Ray Roberts Water Treatment Plant, the High School Tank
played a significant role in maintaining distribution system pressures and providing fire
protection storage reserves for the north side of Denton. Since the exterior paint system project
had been delayed for several years, it made more operational and economic sense to further delay
the project until after the Lake Ray Roberts Water Treatment Plant project was completed and
the tank could be safely taken out of operation to paint both the interior and exterior surfaces. To
help minimize corrosion damage and improve aesthetics, the Water Production Division's
maintenance staff over coat painted the top of the tank in 1999 where the most significant paint
system failures were occurring.
Since this project involves an abrasive blast, containment, and lead abatement component, staff
requested a Statement Of Qualifications (SOQ) from BHC to evaluate their performance history
and references for this type of proj ect. Based upon a review of the SOQ, staff proceeded forward
with negotiations for a Professional Services Agreement for Architect or Engineer with BHC
(Exhibit 3).
The proposed engineering fee of $99,6100.00 for the professional services on this project was
determined on the basis of proj ected effort to produce the scoped deliverables at the billable rates
of the personnel proposed for the project. Staff negotiated with the consultant until a level of
comfort was reached with the compensation level based on the effort involved and value of
services provided. A total of $50,060.00 is for services during the construction phase. The
majority of this ($ 41,310.00) is for third party inspection services to be provided by
Kliendfelder, a materials testing firm with offices located in Dallas, Fort Worth and McKinney.
The paint scheme for the High School Tank was developed in the late 1960's at a time when the
City of Denton had three elevated storage tanks. As a community effort to advertise the City of
Denton as an educational center for the region, each of these tanks were painted in the school
colors for the two universities and the city's only high school. By the time the City built another
elevated storage tank, the DISD had two high schools with plans underway for a third one. In
addition, the old Peach Street Tank (which was painted in the TWU school colors) is scheduled
to be removed from service in the near future. The decision was made at that time to paint the
new tank using the City of Denton's new logo and to create a more conventional paint scheme
that advertised the City of Denton. It would be staff s recommendation to continue this painting
scheme and standardize the appearance of all of the elevated storage tanks over time as each new
tank is constructed and each existing tank is repainted. If this recommendation is not consistent
with the desires of the City Council, staff would recommend conducting a separate work session
during the design phase to review proposed painting schemes prior to releasing the project for
bids.
OPTIONS
1. Approve the Professional Services Agreement.
2. Request changes to the Professional Services Agreement.
3. Reject the Professional Services Agreement.
RECOMMENDA TION
Staff recommends approval of the Professional Services Agreement between the City of Denton
and Birkhoff, Hendricks and Conway, L.L.P. in the amount of $99,610.00 for Engineering
Services associated with the repainting and rehabilitation of the High School Elevated Storage
Tank.
PRIOR ACTIONIREVIEW (Council. Boards. Commissions)
This item was presented to the Public Utilities Board at their December lih regular meeting.
The Public Utilities Board recommends approval 7-0.
FISCAL INFORMATION
The Engineer's opinion of construction cost is $620,000.00 and is included in the PSA (Exhibit
3). The PSA for design and construction phase services totals $99,610.00. This includes the
following breakdown between the various phases of the project:
Design Phase - $ 46,600.00
Bidding Phase - $ 2,950.00
Construction Phase - $ 50,060.00
A total of $882,000.00 has been included in the Capital Improvement Program for the Water
Production Division for the repainting and rehabilitation of the High School Elevated Storage
Tank project. The funding source is from a tank painting reserve fund established in 1992. The
tank painting reserve has been funded from transfers from the operating budget within the Water
Production Division. The current balance of the tank-painting fund including the $50,000.00 for
the current fiscal year (2005-2006) is $1.8 million. This project will use approximately half of
the fund balance ear marked for tank painting proj ects.
BID INFORMATION
Not applicable.
EXHIBITS
1. Location Map
2. Picture of Tank
3. Professional Services Agreement
4. Ordinance
5. PUB Minutes
Respectfully submitted,
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Jim Coulter, Assistant Director
Water Utilities
Prepared by:
C'"
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Tim Fisher, Assistant Director
Water Utilities
High School Elevated Storage Tank
Location Map
380
EXHIBIT 2
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._._._._._W~ '. , __J
BIRKHOFF, HENDRICKS & CONWAY, L.L.P.
CONSUL TING ENGINEERS
7502 Greenville Ave., #220
Dallas, Texas 75231
Fax (214) 361-0204
Phone (214) 361-7900
JOHN W. BIRKHOFF, P.E.
RONALD V. CONWAY, P.E.
GARY C. HENDRICKS, P.E.
JOE R. CARTER, P.E.
PAUL A. CARLINE, P.E.
MATT HlCKEY, P.E.
DOUGLAS K. SHOWERS, P.E.
November 29,2005
Mr. Timothy S. Fisher, P.E.
Assistant Director of Water Utilities
City of Denton
901 A Texas Street
Denton, Texas 76201
Re: Professional Services Letter Proposal (Revised)
High School Elevated Storage Tank Repaint
Dear Mr. Fisher:
As you requested, we are pleased to submit this revised proposal for engineering services for preparation of
plans, specifications, bidding and construction administrations services for the repainting both the interior and
exterior of the City of Denton's High School Elevated Storage Tank. We understand the tank is located off
Riney Road near the intersection with U.S. Hwy 77 (Elm Street). We are enclosing a map to demonstrate our
understanding of the project location.
PROJECT UNDERSTANDING
The High School tank is a 2 million gallon capacity, 14-legged welded steel tank constructed in 1969 by
PDM. You have explained to us the tank's exterior surface was over-coated in 1979 and the original coating
system is believed to have a red lead primer. The interior surface was blasted to bare metal in 1990 as was
coated with an epoxy system.
Prior to any detailed design or preparation of specifications, we recommend a comprehensive inspection of the
tank and it's coating system. This inspection will assists us in determining what, if any, repairs are required
on the structure, identify any modifications required to meet current TCEQ standards, and identify the type
and condition of the existing coating system.
Both the interior and exterior coating systems are to be completely removed to bare metal and the surface
prepared for a new coating system. As many factors and options are available for re-coating this tank, the
exact type and nature of the new coating system will be determined during the design phase of the project.
You have further explained the interior roof rafters may be in poor shape and the cathodic protection system
will likely require replacement. We understand the original paint color scheme may be re-implemented, or the
City may choose to abandon the existing color scheme and install a modified City logo instead. Alternate bids
will be received for each option.
EXHIBIT 3
1:\6160 contract developmcnt\dcnton\high school cst repaint\lc:tte:r proposal(revi5ed I ]~29-05).doc
.J
Mr. Timothy S. Fisher, P.E.
Assistant Director of Water Utilities, City of Denton
High School Elevated Storage Tank Repaint
Engineering Services Letter Proposal (Revised 11/29/05)
November 29, 2005
Page 2 of6
!
OPINION OF PROBABLE COST
Based on our understanding the project scope and our experience with other similar projects, our opinion of
probable construction cost for repainting and rehabilitation ofthe 2.0 MG High School Elevated Storage Tank
is in the range of $620,000. Weare enclosing a copy of our itemized opinion of cost for your review.
SCOPE OF OUR ENGINEERING SERVICES:
Based on our discussions with you, we propose the scope of services as outlined in Exhibit "A" attached
hereto and made a part of this proposal
PROJECT SCHEDULE
The Engineer agrees to commence services immediately upon execution of the Agreement, and to proceed
diligently with said service to completion as described in the Completion Schedule attached hereto as Exhibit
"B" and thereby made a part of the Agreement.
COMPENSATION AND METHOD OF PAYMENT
We propose to be compensated for all services provided pursuant to this Agreement in the amount and manner
described and set forth in the Payment Schedule attached hereto as Exhibit "C" and thereby made a part of
this Agreement. City agrees to pay invoices upon receipt.
We are enclosing two sets of the City of Denton's Standard Profession Services Agreement along with the
City of Denton General Conditions To Agreement for Architectural or Engineering Services. If you are in
agreement with this proposal, please sign and return one original of the City of Denton's Standard
Professional Services Agreement back to this office. We very much appreciate the opportunity to continue
our good working relationship with you and your staff.
Weare available to discuss this proposal further at your convenience.
Enclosures
I
_J
Mr. Timothy S. Fisher, P.E.
Assistant Director of Water Utilities, City of Denton
High School Elevated Storage Tank Repaint
Engineering Services Letter Proposal (Revised 11/29/05)
November 29, 2005
Page 3 of6
EXHIBIT "A"
ENGINEERING SERVICES
High School Elevated Storage Tank - Repaint
Part I: Desil!n Phase
Preparing specifications and bid documents for repainting of the interior and exterior ofthe
2,000,000-gallon High School Elevated Storage Tank. A project location map is included at the end
of this Exhibit "A". The design phase services include:
A. Construction Plan Sheets prepared at a scale of not less than 1"= 40'
B. Standard Details and Special Details, including
1) Design of an interior tank bowl mixing system
2) Layout of Original Tank Paint Scheme
3) Alternate Layout of new paint scheme with City of Denton Logo
C. Cover Sheet, Location Map and Sheet Index
D. Submittals to State Regulatory Agencies, as required
E. Design review meetings
F. Opinion of Probable Construction Estimate
G. Preparation of Specifications and Contract Documents with the inclusion of the High School
Elevated Storage Tank Shop Drawings (if available from the City of Denton) and the proposed
tank inspection report to be prepared by Kleinfelder (In Part) in the bidding documents.
H. Printing of preliminary plans and specifications for review by the City.
Part II: Biddinl! Phase
A. Assist the City staff in advertising for bids. This will include preparing and e-mailing "Notice to
Contractors" to contractors, suppliers, and subcontractors experienced in this type of work and
publishers. City will have Notice published in local newspaper.
B. Sell bidding documents to potential bidders and their suppliers and other parties.
C. Provide bidding documents to City of Denton, Dodge Reports and two other parties requested by
the City.
D. Assist during opening of bids and provide bidding tally sheets.
E. Provide bid tabulation to City and contractors who submitted bids.
F. Obtain the following information from the lowest bidder:
1) Past work history including references from recently completed similar projects,
2) Physical resources to produce the project
3) Financial capability
G. Formulate opinion from information received and provide the City a summary of the opinion for
their use in selection and award of the construction contract.
H. After award of contract, furnish ten sets of prints of the final plans, specifications and contract
documents to the City for construction use by the City and Contractor.
Mr. Timothy S. Fisher, P.E.
Assistant Director of Water Utilities, City of Denton
High School Elevated Storage Tank Repaint
Engineering Services Letter Proposal (Revised 11/29/05)
November 29, 2005
Page 4 of 6
Part III: Construction Phase
A. Attend the pre-construction conference, including preparing an agenda for the meeting.
B. Prepare and publish "Notice to Proceed" to the contractor
C. Attend 3 construction meetings with contractor, quality control personnel, and City
representatives to discuss strategy, problem areas, progress, and any required coordination.
D. Review shop drawings and other submittal information which the Contractor submits. This
review is for the benefit of the Owner and covers only general conformance with information
given by the Contract Documents. The contractor is to review and stamp their approval on
submittals prior to submitting to the Engineer. Review by the Engineer does not relieve the
Contractor of any responsibilities, safety measures or the necessity to construct a complete and
workable facility in accordance with the Contract Documents.
E. Provide written responses to requests for information or clarification to City or Contractor.
F. Prepare and process routine change orders for this project as they pertain to the original scope of
work.
G. Prepare monthly pay request from information obtained in the field.
H. Accompany the City during their final inspection ofthe project.
I. Recommend final acceptance of work based on information from the on-site representative.
Part IV: Additional Services
A. Preparation of the Tank Inspection Report and recommendations. This work will be performed
through a sub-consultant contract with Kleinfelder, 2035 Central Circle, Suite 108, McKinney,
Texas 75069. A copy of the sub-consultant agreement is attached as Exhibit D.
B. Provide Abrasive Blast and Coating Observations. This work will be performed through a sub-
consultant contract with KIeinfelder, 2035 Central Circle, Suite 108, McKinney, Texas 75069.
A copy of the sub-consultant agreement is attached as Exhibit E.
C. Printing of final plans and specifications for distribution to prospective bidders and the successful
contractor
Part V: Exclusions
The intent of this scope of services is to include only the services specifically listed herein and none
others. Services specifically excluded from this scope of services include, but are not necessarily
limited to the following:
A. Environmental impact statements and assessments.
B. Fees for permits or advertising.
C. Environmental cleanup.
D. Landscape architecture.
E. Flood plain reclamation plans.
F. Trench safety designs.
G. Services in connection with condemnation hearings.
H. Phasing of Contractor's work.
I. On-site safety precautions, programs and responsibility.
J. Consulting services by others not included in proposal.
K. Revisions and/or change orders as a result of revisions after completion of original design
(unless to correct error on plans).
Mr. Timothy S. Fisher, P.E.
Assistant Director of Water Utilities, City of Denton
High School Elevated Storage Tank Repaint
Engineering Services Letter Proposal (Revised 11129/05)
November 29, 2005
Page 5 of6
EXHIBIT "B"
COMPLETION SCHEDULE
Notice to Proceed ................................................................. At Direction of City
Submit Tank Inspection Report to City................................. Six (6) Weeks
Submit Preliminary Plans to City for Review
Four (4) Weeks after Inspection Report
Complete Final Plans
2 weeks after City's initial review
Advertise Project
At the Direction of the City
Bid Opening ......................................................................... Min. Two Weeks after Advertisement
Contract Award ................................... ......... ........................ At City's Direction
Notice to Proceed to Contractor ........................................... Two (2) Weeks after Award
Proj ect Complete .. .................... ............................................. 150 Calendar Days
Mr. Timothy S. Fisher, P.E.
Assistant Director of Water Utilities, City of Denton
High School Elevated Storage Tank Repaint
Engineering Services Letter Proposal (Revised 11/29/05)
November 29, 2005
Page 60f6
EXHIBIT "C"
PAYMENT SCHEDULE
Payment for the basic services described under Parts I, II, and III, shall be on a Lump Sum Basis in
the following Amounts:
Part I - Design Phase: ...................................................................................... $40,600
Total Amount, Basic Services (Part I): .......................$40,600
For the Part II Bidding Phase, Part III Construction Administration Phase and the Part IV Additional
Services, we propose to be compensated on a salary cost basis times a multiplier of 2.30, with
expenses at actual invoice cost times 1.10, except for the Kleinfelder Invoices which shall be billed at
actual invoice amount. Automobile mileage for special services will be invoiced at $0.50 per mile.
We suggest you budget approximately $59,010 in the following amounts for our services on this
project:
Part II - Bidding Phase ........ .... ............ ........... .... .... ............... ............ ....... ...... .... $1,750
Part ill - Construction Phase .............................................................................$8,750
Part IV - Additional Services
Tank Inspection Report (Kleinfelder) .............................................................. $6,000
Tank Blast and Coating Observations (Kleinfelder) .........................................$41,310
Printing afFinal Plans and Specifications ...................................................... $1.200
Total Amount, Additional Services (Parts II - IV): ......................................$59,010
Payments are to be made on a monthly based on the percent complete of the design or construction
phase for the Basic Services, and based on the actual hourly expenditures for the Special Services.
The maximum overall fee established herein shall not be exceeded without written authorization from
the City, based on increased scope of services.
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05
BIRKHOFF, HENDRICKS & CONWAY, L.L.P.
CONSULTING ENGINEERS
Project No.
N/A
Client: City of Denton
Project: Repainting the 2.0 Million Gallon High School Elevated Storage Tank
Date:
29-Nov-05
By: GCH
ENGINEER'S OPINION OF CONSTRUCTION COST
I.JtemNo..I' . Description .1 Quantity . I Unit I Pi- ice I Amount I
HIGH SCHOOL ELEVATED STORAGE TANK 2,000,000 Gallons
The Abrasive Blasting and Cleaning of the Interior of the 2.0 Million
Gallon High School EST and Fully Containing all Blast Material and
1 Existing Paint Removed 1 L.S. $ 160,000 $ 160,000
2 For Painting the Interior of the 2.0 Million Gallon High School EST I L.S. $ 60,000 $ 60,000
The Abrasive Blasting and cleaning of the Exterior of the 2.0 Million
Gallon High School EST and Containing all Blast Material and
3 Existing Paint Removed 1 L.S. $ 195,500 $ 195,500
4 For Painting the Exterior of the 2.0 Million Gallon High School EST 1 L.S. $ 46,000 $ 46,000
For Proper Disposal ofInterior and Exterior Paint Removed, together
5 with the Abrasive Blasting Media used during Blastin\! Ooeration 1 L.S. $ 15,000 $ 15,000
6 Performing Remedial Welding when Requested bv the Owner 120 Hrs. $ 150 $ 18,000
Furnishing and Operating Dehumidification System for the Interior
7 Blast, Paint and Cure I L.S. $ 35,000 $ 35,000
8 Furnishing and Installing New Roof Vent I L.S. $ 3,000 $ 3,000
Remove and Replace Existing Roof Manway and Manway Cover,
9 Including all Remedial Welding 1 L.S. $ 6,000 $ 6,000
Remove and Replace Existing Interior Ladder, including New Safety
10 Climb 1 L.S. $ 2,500 $ 2,500
II Remove and Replace Cathodic Protection System 1 L.S. $ 9,000 $ 9,000
12 For Painting the "High School" Paint Scheme I LS $ 6,000 $ 6,000
13 Fabricating and Installing new safety handrail on top of the tank bowl 1 LS $ 5,000 $ 5,000
Subtotal: $ 561,000
Contine;encies and Miscellaneous Items 10% $ 56,100.00
Total: $ 617,100.00
USE: $ 620,000.00
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the day of
, 20 , by and between the City of Denton, Texas, a Texas
municipal corporation, with its principal office at 215 East McKinney Street, Denton,
Denton County, Texas 76201, hereinafter called "Owner" and Birkhoff, Hendricks &
Conway, L.L.P., with its corporate office at 7502 Greenville Avenue, Suite 220, Dallas, ,
Texas 75231 hereinafter called "Design Professional," acting herein, by and through their
duly authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do
mutually agree as follows;
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas
engineer, as an independent contractor. The Design Professional hereby agrees to
perform the services as described herein and in the Proposal, the General Conditions, and
other attachments to this Agreement that are referenced in Section 3, in connection with
the Project. The Project shall include, without limitation, the scope of work outlined in
the letter proposal from Birkhoff, Hendricks & Conway, L.L.P. to Mr. Timothy S. Fisher,
P.E., Assistant Director of Water Utilities of the City of Denton, dated November 29,
2005, attached hereto and labeled Exhibit "A"
SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
Basic Engineering Services:
Payment for the basic services described in the letter proposal to Mr. Tim Fisher, dated
November 29, 2005 , shall be on a Lump Sum Basis in the following Amounts:
Part I - Design Phase: ............................................................................ $40,600
Total Amount, Basic Services (Parts I): ..............$40,600
Additional Services:
For the Services described in the letter proposal to Mr. Tim Fisher, dated November 29,
2005, Part II Bidding Phase, Part III Construction Phase and Part IV Additional Services,
we propose to be compensated on a salary cost basis times a multiplier of 2.30, with
expenses at actual invoice cost times 1.10. with the exception of invoices from
Page 1 of3
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Kleinfelder which shall be billed at actual cost. Automobile mileage for special services
will be invoiced at $0.50 per mile.
We suggest you budget approximately $59,010 in the following amounts for our services
on this project:
Part II - Bidding Phase .... ............................... .............. ......... ............. .$1,750
Part III - Construction Phase .................... ..... .............. ....... ....... ...... ...$8,750
Part N - Additional Services
Tank Inspection Report (Kleinfelder) ............................................. $6,000
Tank Blast and Coating Observations (Kleinfelder).........................$41,310
Printing of Final Plans and Specifications ...................................... $1,200
Total Amount (Parts II - IV): ................................$59,010
Payments are to be made on a monthly based on the percent complete of the design or
construction phase for the Basic Services, and based on the actual hourly expenditures for
the Special Services.
The maximum overall fee established herein shall not be exceeded without written
authorization from the City, based on increased scope of services.
Invoices will be prepared and submitted on a monthly basis and shall itemize personnel,
hourly rates and expenditures.
Page 2 of3
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SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which
are attached hereto and made a part hereof by reference as if fully set forth herein:
1. City of Denton General Conditions to Agreement for Architectural or
Engineering Services.
2. The Design Professional's Letter Proposal to Mr. Tim Fisher, P.E. dated
November 29,2005.
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY:
MR. TIMOTHY S. FISHER, P.E.
ASSISTANT DIRECTOR OF WATER UTILITIES
BY:
y
WIT~~/
BY. '"'"'---
PAUL CARLINE, P.E.
Page 3 of3
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. \j,
CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHlTECf OR ENGINEER'S RESPONSmlLITIES
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the "Proposal") to which these
General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as
enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services").
1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely
actions (the "Degree of Care"), The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project.
Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project
proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project.
Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any
adjusbnents to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include
without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of
Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the
requirements for the Project.
2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in
tenns of the other, subject to the limitations set forth in Subsection 5.2.].
2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall
contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and
which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the
commencement to the completion of construction.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design
Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and
character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply
with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the
Documents and specifications will be sufficient and adequate to fulfill the pU'1loses of the Project.
2.3.2 The Dcsign Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described
in Section 2.2.5.
2.4 CONSTRUCfION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget
authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting
forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement infonnation, bidding or procurement forms, the
Conditions of the contract, and the form of Agreement between the Owner and contractor.
2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements
or general market conditions.
2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental
authorities having jurisdiction over the Project.
2.5 CONSTUCfION CONTRACf PROCUREMENT
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2.5.] The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost,
shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without
limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in
the sole discretion ofthe Owner.
2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable
Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction
Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed
the total construction cost set forth in the approvcd Detailed Statement of Probable Construction Costs.
2.6 CONSTRUITION PHASE - ADMINISTRATION OF THE CONSTRUITION CONTRAIT
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract
for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2.
2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionals the administration
shall also be in accordance with AlA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be
amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the
Standard Specifications for Public Works Construction by the North Central Texas Council of Govemments, current as of the date of the Agreement, unless otherwise
provided in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written
agreement of the Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (I) during construction, and (2) at the Owner's direction from
time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the
Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument.
2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while
construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner
indicating that the work when complcted will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to
each on-site visit. On the basis of onsite observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall
exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any
subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall
promptly correct any defective designs or specifications fumished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or
payment for all or any part of the .Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the
Owner's rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or
failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or
omissions. The Dcsign Professional shall not have control over or charge of acts or omissions of the Contrnctor, Subcontrnetors, or their agents or employees, or of
any other persons performing portions of the work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor
shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional.
2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional
shall review and certify the amounts due the Contractor.
2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's observations at the site as
provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the
quality of the Work is in accordance with the Contract Documents, The foregoing representations are subject to minor deviations from the Contract Documents cor-
rectable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a
representation that the Contractor is entitled to payment in the amount certified. However. the issuance of a Certificate for Payment shall not be a representation that
the Design Professional has (1) reviewed construction means, methods, techniques. sequences or procedures, or (2) ascertained how or for what purpose the Contractor
has used money previously paid on account of the Contract Sum.
2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design
Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require
additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or
completed. However. neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise
to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons
performing portions of the work.
2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contrnctor's submittals such as Shop Drawings, Product Data and
Samples for the purpose of (I) determining compliance with applicable laws, statutes. ordinances and codes; and (2) determining whether or not the work. when
completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no
delay in the work or in the construction of the Owner or of separate contractors. while allowing sufficient time in the Design Professional's professional judgment to
permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions
and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the
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responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's
approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics
of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the
materials, systems or equipment will meet the performance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by
the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may
authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent
of the Contract Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if
requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related
documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the
requirements of the Contract Documents.
2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements
of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable
promptness and within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall
be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance
by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this
Agreement and in the absence of negligence.
2.6.t7 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and
Contractor relating to the execution or progress of the work as provided in the Contract Documents.
2.6.18 The Design Professional (I) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages
caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any
rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder.
2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during
the Construction Phase.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the
Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if
authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond
the Design Professional's control, the Design Professional shall notifY the Owner in writing and shall not commence such additional services until it receives written
approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional
shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if
they are not required due to the negligence or fault of Design Professional.
3.2 PROJECf REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project
Representatives to assist in canying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefore as
agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are:
I. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's
program or Project budget;
2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or
3. due to changes required as a result of the Owner's failure to render decision in a timely manner.
3.3.2 Providing SCT\ ices required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except
for services required under Subsection 2.5.2.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Construction Chango Directives.
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..
3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with
the replacement of such work.
3.3.5 Providing services made necessary by the defau It of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance
of either the Owner or Contractor under the Contract for Construction.
3.3.6 Providing services in evaluating an extensive number of claiTl15 submitted by the Contractor or others in connection with the work.
3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto.
3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection
with bidding or construction prior to the completion of the Construction Documents Phase.
3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence ofthe Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the
Project.
3.4.4 Providing services relative to future facilities, systems and equipment.
3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3.4.6 Providing services to verify the accuracy of drawings or other infonnation furnished by the Owner.
3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with
construction performed and equipment supplied by the Owner.
3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.9 Providing analyses of operating and maintenance costs.
3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities.
3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals,
training personnel for operation and maintenance and consultation during operation.
3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related
equipment.
3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty
period of the Contract for Construction.
3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of
Basic Services.
3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural
practice.
3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con-
struction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional regarding requirernents for the Project, including (I) the Owner's objectives, (2) schedule and design
constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more
specifically described in Subsection 2.2.1.
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4.2 The O\\mer shall establish and update an overall budget for the Project, including the Construction Cost, the O\\mer's other costs and reasonable contingencies
related to all of these costs.
4.3 If requested by the Design Professional, the O\\mer shall furnish evidence that financial arrangements have been made to fulfill the O\\mer's obligations under this
Agreement.
4.4 The O\\mer shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The O\\mer or such authorized representative shall
render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential
progress of the Design Professional's services.
4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written
legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and
structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both
public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark.
4.6 Where applicable, the O\\mer shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may
include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and
resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional reconnnendations.
4.6.1 The O\\mer shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design
Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials,
and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the
Owner may require to verity the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on
behalf of the O\\mer.
4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the O\\mer's expense, and the Design
Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconfonnance with
the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and
shall submit such to the O\\mer for review and approval at least fourteen (14) days prior to execution. The O\\mer agrees not to request certifications that would require
knowledge or services beyond the scope ofthe Agreement.
ARTICLE 5 CONSTRUCTION COST
5.1 CONSTRUCfION COST DEFINED
5.1.1 The Construction Cost shall be the total cost or estimated cost to the O\\mer of all elements of the Project designed or specified by the Design Professional.
5.1.2 The Construction Cost shall include the cost at current market rates oflabor and materials furnished by the Owner and equipment designed, specified, selected or
specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con-
tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction.
5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights--of-way,
financing or other costs which are the responsibility of the O\\mer as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCfION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design
Professional represent the Design Professional's best judgment as a design professional familiar with the construction indusby. It is recognized, however, that neither
the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over
competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary
from the O\\mer's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment ofa Project budget, unless
such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted
to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract
for Construction.
5.2.3 If the Procurement Phase has not connnenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project
budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission
of the Construction Documents to the Owner and the date on which proposals are sought.
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ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall
become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such
documents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the
Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design
Professional is released from any and all liability relating to their use in that project
6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication
in derogation of the Design Professional's reserved rights.
ARTICLE 7 TERMINA nON, SUSPENSION OR ABANDONMENT
7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perfonn in accordance with the
tenns of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days
prior written notice to the Design Professional. All work and labor being perfonned under the Agreement shall cease immediately upon Design Professional's receipt of such
notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily perfonned prior to the receipt of such notice. No
amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon tennination of the
Agreement and shall be promptly delivered to the Owner in a reasonably organized fonn. Should Owner subsequently contract with a new Design Professional for continuation
of services on the Project, Design Professional shall cooperate in providing infonnation.
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily perfonned prior to
notice of such suspension. When the Project is resumed. the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption
and resumption of the Design Professional's services.
7.3 Thc Agreement may be tenninated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently
abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written
notice.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non-
performance and cause for termination.
7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily perfonned, the Design
Professional may, upon seven days written notice to the Owner, suspend perfonnance of services under the Agreement.
7.6 In the event of termination nol the fault ofthe Design Professional, the Design Professional shall be compensated for services properly and satisfactorily perfonned prior to
termination.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECf PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their
mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and
Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses.
8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications;
and fees paid for securing approval of authorities having jurisdiction over the Project.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6. 19). postage and handling of Drawings,
Specifications and other documents.
8.2.1.3 If authorized in advance by the Owner. expense of overtime work requiring higher than regular rates.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
8.2.1.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project.
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services perfonned within each phase of service, on the
basis set forth in Section 2 of the Agreement and the schedule of work.
8.3.2 If and 10 the extent that the time initially established in the Agreement is exceeded or extended through no fault ofthe Design Professional, compensation for any
services rendered during the additional period of time shall be compUled in the manner set forth in Section 2 of the Agreement.
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8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for
those portions of the Project shall be payable to the extent services are petformed on those portions, in accordance with the schedule set forth in Section 2 of the
Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed
estimate of Construction Cost for such portions of the Project.
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the
presentation to the O'Mler of the Design Professional's statement of services rendered or expenses incurred.
8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld
from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible.
8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to O'Mler or Owner's authorized representative records of
Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and
copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is
later.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indemnify and save and hold harmless the O'Mler and its officers, agents, and employees from and against any and all liability,
claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without
limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers,
shareholders, agents, or employees in the performance of the Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses,
both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which
defenses are hereby expressly reserved.
ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an
insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate,
and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property
damage limits of not less than $100,000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each
accident including occupational disease.
10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
10.5 The Design Professional shall furnish insurance certificates or insurance policies to the O'Mler evidencing insurance in compliance with this Article 10 at the time
of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers'
Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or
modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the
change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County,
Texas.
11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to
the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its
interests in the Agreement without the written consent of the Owner.
11.3 The tenn Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the
Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or
agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the
Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is
reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized,
such documents shall be given priority in the following order:
I. The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
4. The Proposal
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1 t.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design
Professional.
II.S Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs
of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's
confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be
confidential or proprietary. The Owner shall provide professional credit for the Design Professional on the constnJction sign and in the promotional materials for the Project.
11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such
responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants.
It. 7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing
same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein.
All noticcs shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing.
11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the
remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such
stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
11.9 The Design Professional shall comply with all fedcral, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they
may now read or hereinafter be amended during the term of this Agreement.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex,
national origin or ancestry, age, or physical handicap.
11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions ofLhe Agreement.
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ORDINANCE NO. 2006-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
BY AND BETWEEN THE CITY OF DENTON, TEXAS AND BIRKHOFF,
HENDRICKS & CONWAY, L.L.P. FOR ENGINEERING SERVICES ASSOCIATED
WITH THE REPAINTING AND REHABILITATION OF THE HIGH SCHOOL
ELEVATED STORAGE TANK IN THE AMOUNT OF $99,610; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council deems that it is in the public interest to engage the
firm of Birkhoff, Hendricks & Conway, L.L.P. ("BHC"), of Dallas, Texas, to provide
professional engineering services related to the repainting and rehabilitation of the High
School Elevated Storage Tank; and
WHEREAS, the City staff has reported to the City Council that there is a
substantial need for the above-referenced professional engineering services, and that
limited City staff cannot adequately perform the specialized services and tasks with its own
personnel; 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
a fair and reasonable price; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the City Manager is hereby authorized by the City Council to
execute a "Professional Services Agreement for Architect or Engineer" with Birkhoff,
Hendricks & Conway, L.L.P., Dallas, Texas, for professional engineering services relating
to the repainting and rehabilitation of the High School Elevated Storage Tank, for a
professional fee of $99,610; in substantially the form of the Professional Services
Agreement attached hereto and incorporated herewith by reference.
SECTION 2: That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of BHC and the demonstrated
ability ofBHC to perform the services needed by the City for a fair and reasonable price.
SECTION 3: That the expenditure of funds as provided in the attached
Professional Services Agreement is hereby authorized.
1
EXHIBIT 4
SECTION 4: That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the
day of
,2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
WtJiMffD
By:
S:IOur DocumentslOrdinancesl05lBHC-Engrg PSA-HS Elevated Storage Tank-2006.doc
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DRAFT
AGENDA
PUBLIC UTILITIES BOARD
December 12,2005
Mter determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Public Utilities Board convened into an Open Meeting on Monday, December 12, 2005
at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
Street, Denton, Texas.
Present:
Bob Bland, John Baines, Bill Cheek, Phil Gallivan, George Hopkins,
Charldean Newell, Dick Smith
EX OFFICIO MEMBERS
Howard Martin
4) Consider recommending approval of a Professional Services Agreement for Architect or
Engineer between the City of Denton and Birkhoff, Hendricks & Conway, L.L.P. (BHC) in
the amount of $99,610.00 for Engineering Services associated with the repainting and
rehabilitation of the High School Elevated Storage Tank.
Newell stated that the City has had, for a vari ety of reasons, a start/stop approach to getting
this job done and that she wanted to make sure that we had the money this time to proceed
with the project until completion.
Tim Fisher, Assistant Director of Water, stated that staff has pulled all the money out of the
pending reserve fund to complete this project. He also pointed out that the paint scheme
would change because there are now three high schools and only one tank to paint.
Baines stated he was shocked at the maintenance cost of $683,000.
Fisher stated that the first sticker shock was when staff received the bid for the tank
evaluation. Maintenance cost was at about $680,000, which is a lot more than we expected.
We expected the cost to be around $200,000 - $250,000.
Baines asked if that amount was for all three tanks or just this one.
Fisher stated just this tank and that is just for the exterior. What was proposed and what was
received were cost estimates for the exterior and the interior of the tank. The issues
associated with the cost were paint blast removal, lead abatement and painting the tank.
Smith asked if there is the option to leave the lead based primer in place. Fisher stated that
there was at one point. A recommendation was made to the Board to overcoat it. At that
time the consultant was a little uncomfortable with leaving the primer because the outside
layer is so weathered that the paint would not stick to it.
EXHIBIT 5
Public Utilities Board
December 12,2005
Page 2
1
2 Baines asked if there was any federal assistance of any sort? Fisher indicated no.
3
4 Baines moved to approve Item #4 with a second from Cheek. The motion was approved by
5 a vote of 7-0.
6
AGENDA INFORMATION SHEET
AGENDA DATE: January 3, 2006
DEPARTMENT: Legal Department
CM/DCM/ ACM: Ed Snyder, City Attorney
SUBJECT: Consider an ordinance of the City Council of the City of Denton, Texas amending
Chapter 2, Article IV, Division 2 "City Owned Real Property" of the Code of Ordinances of the
City of Denton, Texas; providing a severability clause; and providing an effective date.
BACKGROUND: The existing Code sections contain provisions that are inconsistent with state
law and City Charter. A copy of the existing code provisions is attached. This ordinance
streamlines the provisions to simply provide that all real property sales, conveyances, grants and
abandonments will be authorized by City Council and be in accordance with state law.
OPTIONS:
1. Pass the ordinance to amend Chapter 2, Article IV, Division 2
2. Decline to pass the ordinance amending Chapter 2, Article IV, Division 2.
RECOMMENDATION: Staff recommends approval.
FISCAL INFORMATION: None
S:\Our Documents\Miscellaneous\05\AIS-Real Property Interests-Sale.doc
ADMINISTRATION
~ 2-126
Cd) Records; disposition offunds. The director of purchasing shall keep accurate records of
all sales and shall submit reports to the department of fmance and taxation containing:
(l) A descriptive list of all itemssoldj
(2) The time and place of the sale; and .
(3) The price paid for the items.
All funds received for sales must be delivered to the department of finance and taxation who,
shall deposit the funds to the credit of the appropriate fund.
(e) Purchase by officers and employees prohibitfed. An officer' or employee ofthe city shall
not, directly or indirectly, submit a bid for, purchase or acqp.keownershipofpel'sonal property
sold pursuant to the provisions of this section.. In addition to other penalties, an officer or
empl'oyee who violates tEriS; &emon forfeitS' his office or employment.
(Code 196ft, ~ 2.0.2(a);-{d)~. (g):);
Se(l:S:~ 2.-IOS-2.12Ii~ Reserved.
. DIVISION 2~ CITY-OWNED- REAL PROPERTY
See. 2.126. Procedures for disposal.
(a) Decision to sell. The city council, after receiving the recommendation aBhe planning
an,d zoning commission, shall determine whether any real property owned by the city shall be
offered for sale or trade; provided, however, that the sale, lease or disposal of utility system
property shall be subject to the provisions of the Charter.
(b) Notice andbids. If the property can be developed independently of any other property
as zoned under current ordinances, public notice shall be given and public bids received in
accordance with V.T.e.A., Local Government Code ~ 272.001 et seq.
(cl Negotiated sales. If the property cannot be developed independently as zoned under
present city ordinances or is otherwise exempt from the notice and bicJding requirements of
state law, the city manager may initiate negotiations for the sale of the property in accordance
with V.T.e.A., Local Government Code ~ 272.001 et seq.
(d) .. Type of conveyance. The city attorney shall determine the type of conveyance or other
instrument t6 be executed ~y the city prior to the initiation of formal bid procedures, and the
information' shall be included in the notice.
(e) Recommendation and action. After receipt and tabulation of bids or after reaching
agreement for a negotiated sale; the city manager. shall make a recommendation to the city
counciL The city council may reject the sale or award the sale by resolution or ordinance. Upon
approval, the city attorney shall prepare and the city manager shall execute the appropriate'
instrument of conveyance.
(Code 1966, ~ 2-70)
165
S 2-127
DENTON CODE
Sec. 2-127. Requests for abandonment of public easements or rights-of-way.
(a) Application by property owner. A property owner whose property abuts or adjoins a
public easement or right-of-way may apply for abandonment in whole, or in part, of the
abutting right-of-way. An application must be accompanied by:
(1) A nonrefundable application fee in an amount established by the city council and on
file in the office of the city secretwy;
(2) The written concurrence of all persons who own property contiguous to the area
proposed to be abandoned; and
(3) Copies of recorded deeds showing current ownership of all property contiguous to the
area proposed to be abandoned.
(b) Appraisal of value. The city staff shall make an appraisal or obtain an independent
appraisal of the property to determine the market value of the area proposed to be abandoned.
If the city chooses to obtain an independent appraisal, the applicant shall deposit with the city
an amount of money sufficient to pay the cost of the appraisal. The date for establishing the
market value shall be the date, as determined by the city manager, that the applicant meets
all the requirements for applications for abandonments.
(c) Cases of disputed value. If the appraisal performed or obtained by the city is disputed
by the applicant, the applicant shall obtain a second independent appraisal at the applicant's
expense. If the city manager determines that there is a substantial difference between the two
(2) appraisals, an independent appraiser shall be retained to perform a review appraisal, the
cost of which shall be paid by the applicant. The city manager shall then make a final
determination of market value based upon the appraisals and the review appraisal.
(d) Planning and zoning commission's recommendation. When a proper application has
been made and the market value of the area to be abandoned determined, the request for
abandonment shall be submitted to the planning and zoning commission for its recommenda-
tion to the city counciL
(e) City council action. Based upon the recommendation of the city manager and the
planning and zoning commission, the city council shall consider the request for abandonment.
Before the city council officially acts to abandon all or part of a public right-of-way, the
applicant shall pay the determined fair market value of the property to be abandoned to the
city.
(Code 1966, S 2-71)
Cross reference-Streets, sidewalks and public places, Ch. 25.
State law reference-Sale or lease of certain property, V.T.C.A, Local Government Code
~ 253.001 et seq.
Sees. 2.128-2-155. Reserved.
166
S:\Our Documents\Ordinances\05\Real Property Interests-Sale.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 2,
ARTICLE IV, DIVISION 2 "CITY OWNED REAL PROPERTY" OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 2, Article IV, Division 2, Sections 2-126 and 2-127, "CITY
OWNED REAL PROPERTY" of the Code of Ordinances of the City of Denton is hereby
deleted in its entirety and replaced with the following:
DIVISION 2. CITY-OWNED REAL PROPERTY
Sec. 2-126. Disposal or abandonment of real property.
The sale, conveyance, granting, or abandonment of City real property interests shall be
authorized by City Council and be in accordance with state law.
SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any such validity.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
,2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM::
EDWINM. SNYDE , ITY ATTORNEY
BY:
AGENDA INFORMATION SHEET
AGENDA DATE:
January 3, 2006
CM:
Planning and Development_ Dartment
Howard Martin, 349-8232' .
DEPARTMENT:
SUBJECT - Z05-0027 (Point Bank, Lot 4, 5, 6, & 7, T N Skiles Subdivision)
Hold a public hearing and consider adopting an ordinance regarding the rezoning of
approximately 0.713 acres from a Neighborhood Residential Mixed Use (NRMU-12) zoning
district to a Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay
district. The subject property is located at the northwest corner of Westway and Anna
intersection. The applicant is proposing to build an office building on the subject property. The
Planning and Zoning Commission recommended approval (6-1).
BACKGROUND
Applicant: Pilot Point Bancorp, Inc. Pilot Point, TX
The applicant is requesting to rezone Lots 4, 5, 6, & 7 of the T. N Skiles Subdivision from a
Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district to a Neighborhood
Residential Mixed Use (NRMU) zoning district with an overlay district to restrict the allowable
uses to only professional services and offices. Applicant proposes to remove the houses on Lots
5 and 6. Lots 4 and 6 are proposed to be used for parking and Lot 5 is prop osed to be developed
as an office building. The house on Lot 7 is proposed to remain as a residential home at this time.
This same property was rezoned from NR-3 to NRMU-12 in March of 2005 (Z04-0049). The
purpose of the proposed rezoning from NRMU-12 to NRMU is to increase the lot coverage from
60% as allowed in NRMU-12 to 80% as allowed in the NRMU zoning district.
This case was brought before the Denton Planning and Zoning Commission on November 9,
2005 and was continued to December 14, 2005 Planning and Zoning Commission meeting.
Issues concerning the building setback were discussed at the November 9 meeting. Staff
determined that the 20 foot setback required when a nonresidential use abuts a residential use or
district does not apply to this case.
Public notification and property owner responses are provided in Attachment 3. As of this
writing, staff received 3 written responses in opposition from property owners within 200 feet of
the subject site and 7 written responses from property owners in support of the zoning request.
The property owners in opposition represent less than 10% of the property within 200 feet of the
subject site.
OPTIONS
1. Adopt as submitted.
2. Adopt with conditions.
3. Deny.
4. Postpone consideration.
5. Table.
1
RECOMMENDA TION
The Planning and Zoning Commission recommends approval of the zoning request (6-1).
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification
4. Site Photographs
5. Letter of Intent
6. Letters of Opposition
7. Planning and Zoning Commission Minutes
8. Ordinance
9. Site Plan
Prepared by:
~~
Lori Shelton
Planner II
Respectfully submitted:
~~
Kelly Carpenter, AICP
Director of Planning and Development
2
ATTACHMENT 1
Staff Analysis
Summary of Zoning Request
The applicant requests to rezone approximately 0.713 acres of land from a Neighborhood
Residential Mixed Use 12 (NRMU-12) to a Neighborhood Residential Mixed Use (NRMU)
zoning district with an overlay district.
Existing Condition of Property
The subject property is currently used for single-family dwellings and commercial uses.
Adi acent Zoning
North: Neighborhood Residential Mixed Use (NRMU-12), Single-Family and Commercial
South: Neighborhood Residential 3 (NR-3), Single-Family
East: Neighborhood Residential 3 (NR-3), Commercial and Church
West: Community Mixed Use General (CM-G), Commercial
Comprehensive Plan Analysis
The subject site is located in the "Existing Neighborhood/Infill Compatibility" future land use
area of the Denton Plan. According to the Denton Plan, "within established residential areas,
new development should respond to existing development with compatible uses, patterns and
design standards. The plan recommends that existing neighborhoods within the city be
vigorously protected and preserved. Housing that is compatible with the existing density,
neighborhood service, and commercial land uses is allowed." In addition, the Plan states that
"within the undeveloped urban and urbanizing areas of the city, new neighborhoods may develop
in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a
pattern of 'neighborhood centers'. Residential uses may occur at higher density..."
Existing developments in the vicinity of the subject property are of mixed densities, ranging
from Neighborhood Residential 3 (NR-3), Neighborhood Residential Mixed Use 12 (NRMU-12)
to Commercial Mixed Use General (CM-G). The proposed zoning request is compatible with
the existing neighborhood. Therefore, the request to rezone the subject property to
Neighborhood Residential Mixed Use is compatible with the Future Land Use Plan (Existing
Neighborhood).
Development Review Analysis
Access
Access to the subject site is from Anna and Westway Street, which are classified as local streets.
Public Infrastructure
Public utilities are available to serve the site.
Development Code / Zoning Analysis
The comparison between uses permitted in NRMU-12 and NRMU zoning districts are provided
in the following charts. Professional services and offices is an allowed use in NRMU-12 with
certain limitations (LI4) (Uses are limited to no more than 10,000 square feet of gross floor
area.) The proposed overlay district will restrict the uses to professional services and offices.
Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district permits some commercial
uses, but mostly with limitations.
The chart below illustrates the difference between the two zoning districts
General regulations of the Residential Neighborhood land use zone are contained in the table
below:
The following limits ap
Minimum lot area (square feet) 3,500 2,500
Minimum lot width 30 feet 20 feet
Minimum lot depth 80 feet 50 feet
Minimum front yard setback 10 feet None
Minimum side yard 6 feet 6 feet
Minimum side ard ad'acent to a street 10 feet none
Minimum rear yard 10 feet none
The followin r t
. .
I Existing I Proposed
General Regulations NRMU-12 NRMU
I t 11 b 'ld'
Maximum lot coverage 60% 80%
Minimum landscaped area 40% 20%
Maximum buildinq heiqht 40 feet 65 feet
15 feet plus 1 foot for each 20 feet plus 1 foot for each
Minimum yard when abutting a single- foot of building height foot of building height
family use or district above 20 feet above 20 feet
ATTACHMENT 2
~
Zoning Map
NORTH
Land Use Map
Aerial Map
6
ATTACHMENT 3
Notification Map
L
~"'-
~ ~
TTTll
Property owners in support of the request
Occupants (not property owners) in support of the request
B
Property owner in opposition of the request
The property owners in opposition to the zoning request represent less than 10% of the land
area within 200 feet of the subject property.
7
ATTACHMENT 4
Site Photographs
8
9
ATTACHMENT 5
Letter of Intent
From:
To:
Date:
SUbject:
Lori,
"David Fullef <DFLJler@pointbank.com>
<Iori.shelton@cityofdenton.com>
10171053:57:49 PM
Z 05-0027
In reference to PointBank's request Z 05-0027, we wotjd like to re-zone the following addresses from
NRMU-12 to NRMU:
1701 Anna
1705 Anna
400 Westway
404 Westway
Shoulcl you have any questions, please do not hesitate to call me at (940) 686-7021.
Thank you
David Fuller
EVP 'Cashier
10
ATTACHMENT 6
Letters of Opposition
(n "i'e ~.6y.ds tb DeJ'ltofJ 205 - 00'27) I) -thl!?
un d e.~ G; 9 ne d 1 pY'ot. es t th~ . r- v"f't.h e.,. Int--tvitt:1n
. 0<;' .p {),tit B:iln k) C -ay.YO J/ B I ~d. /(:1 eat It;(7) /nt 0
fhe Y"e 5 ide nti:;,j ne:9 h ~'OT4 hotld ~ F' . 8",;,/ i,,;,r'f'
. and". Anns 5ts. Cl5 ,aid oot in .-t.hs Cltjl'$
~[itu..~e de'slgn ~ /" 'sddi tian) -ti"s. {'latest}
iri .pa'f'f}. 15 b3SBd 0" th~' c~ncept or;: Cs..,..~c>/f .
8/~.~r b.e:"r1~ .bviJtand ke.p-t. as a th()Y'ofJ'1~P,nt€~
. cb ,,~tc. t ;"9' di FF e"f'e. I1t f;;rotj o~. D ent.',n"
.' .(TJ..e. /l'ltQ.V'..~ec.tt~ns at C.g-r-...,..oJ/ ~rtJ' We,.tW"i!1Y
BInd 5 u nsst QVle. al..,.e3 r:1 y diFF; cult) CA Is",
t:/r fj''t- ~ ~.,.e .5 e. ve. (7 'i !ng(l C :15 { in$t: i v7:, (;In' in
the' - sa ms a f'ea . and F i lie 0 -(< rYUJ"y- e down r () r,t.dl)
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.... -:..... ',.:.
Please note this petition list was submitted to the planning staff on the back of a courtesy notice
(sent to all addresses within 500 feet of the subject site) for Z05-0027. The property owners in
opposition to the zoning request shown on the Notification Map (Attachment 3) were taken from
this list and verified as property owners on the Denton Central Appraisal District Tax Rolls.
12
ATTACHMENT 7
CondenseIt 1M
Page 5 Page 7
1 inventory prepared under the supervision of a qualified 1 trees, the gas well development provides a tree inventory
2 professional must be submitted with a preliminary plat or 2 for the thn:e-acre portion of this site. The gas well
3 building permit. 3 development pays into the tree fund for the cahber inches
4 For the purposes of tree preservation 4 of trees removed on 25 percent of the tbree-acre site at a
5 provisions of the Denton Development Code a qualified 5 rate of $125.00 per caliber inch. When the seven acres of
6 professional is a person with a Bachelor of Science degree 6 this ten-acre site is developed, the land developer
7 in Forestry, Horticulture, Botany, Plant or Soil Science 7 provides a tree inventory for the seven-acre portion of
8 or an ISA certified Arborist, a Texas Certified or Texas 8 this site. Future development on this seven-acre site
9 Master's Certified Nursery Professional or Professional 9 preserves or mitigates 25 percent. The tota1ten-acre
10 Landscape Architect. Based on our two workshop 10 site bas accomplished 25 percent mitigation or
11 discussions, staff recommends approval of adding 11 preservation of the trees through the joint efforts of the
12 registered professional land surveyors that have completed 12 property owner and the mineral rights owner.
13 eight hours of documented training in Texas tree 13 Based on the two City Council Subcommittee
14 identification to the list of qualified professionals 14 discussions and two P & Z Work Session discussions, staff
15 allowed to submit tree inventories. I will take 15 recommends amending the current tree preservation
16 questions. 16 regulations to require 25 percent mitigation to the tree
17 COMMISSIONER STRANGE: No questions. Thank 17 fund for every tree removed from all pad sites,
18 you, Ms. Muncie. This is a public hearing. We will open 18 transmission lines, and fiber optic line easements.
19 the public hearing. Is there anyone here who wishes to 19 Ultimately, this proposal bas the ability to change the
20 speak on this item? We'll close the public hearing. Do 20 behavior for routing transmission lines through the City
21 we have a motion? Mr. Roy. 21 of Denton by considering the value of existing trees in
22 COMMISSIONER ROY: I move approval of Item 22 the early planning stages of gas well development. I will
23 SA as outlined by staff. 23 take questions.
24 COMMISSIONER WATKINS: second. 24 COMMISSIONER STRANGE: Thank you, Ms.
25 COMMISSIONER STRANGE: We have a motion by 25 Muncie.
Page 6 Page 8
1 Mr. Roy and a second by Mr. Watkins. Any discussion? 1 MS. MUNCIE: Thank you.
2 Please, vote. Vote passes 7-0. 2 COMMISSIONER STRANGE: This is a public
3 Next item is an amendment to the 3 hearing. We'll now open the public hearing. Do we bave
4 Development Code related to tree preservation and 4 anyone who wishes to speak on this item? We've got a lot
5 mitigation as related to gas well development, gas 5 of talkative people tonight. Seeing no one who wishes to
6 pipeline installation and fiber optic line installation. 6 speak, we'll close the public bearing and do we have a
7 Mrs. Muncie. 7 motion? Mr. Roy.
8 MS. MUNOE: The City Council Committee on 8 COMMISSIONER ROY: I just want to mention
9 the Environment met on March 29th to discuss three options 9 the number of reviews. It sounds like to the public that
10 for Code Amendments to address tree preservation near gas 10 we haven't talked about this much and we are making a
11 wells, transmission lines and fiber optic lines. The City 11 quick decision. We are not. We really worked this one to
12 Council Tree Subcommittee met on November 21st to discuss 12 death. I just will say once again that I believe that
13 these same topics. 13 this is a good solution, but I don't think it's going to
14 The Environment Committee, the City Council 14 impact the routing of gas lines or fiber optic lines one
15 Tree Subcommittee and staff all agree on recommending an 15 iota, but regardless of that, it's a reasonable solution
16 amendment to require 25 percent mitigation to the tree 16 and I move approval of Item 5B.
17 fund for every tree removed from the pad site, 17 COMMISSIONER HOLT: second.
18 transmission line or fiber optic line easement. The 18 COMMISSIONER STRANGE: We have a motion by
19 Environment Committee is concerned with the fairness of 19 Mr. Roy and a second by Mrs. Holt. Any discussion? Being
20 the gas well developers not being held responsible for 20 none, please, vote. Motion passes 7-0.
21 tree mitigation and leaving the surface right owner 21 Next item is the rezoning of approximately
22 responsible for all of the tree mitigation at a later 22 0.729 acres from Neighborhood Residential Mixed Use
23 date. 23 NRMU-12 zoning District to a Neighborhood Residential
24 An example for this amendment would be if a 24 Mixed Use Zoning District with an overlay. The property
25 gas well impacts three acres of a ten-acre site with 25 is located at the northwest corner of Wes.tway and Anna.
PLANNING AND ZONING MINUTES DECEMBER 14,2005
Page 5 - Page 8
Page 9 Page 11
1 Ms. Shelton. 1 COMMISSIONER STRANGE: where does h
2 MS. SHELTON: Agenda Item 5C is a continued 2 MS. SHELTON: In the center line of the
3 public hearing from our November 9th, Planning and Zoning 3 road.
4 Commission meeting. As you recall the applicant is 4 COMMISSIONER STRANGE: see I had the same
5 requesting to rezone the properly from NRMU-12 to NRMU 5 question Mr. Roy had because I don't see how -- I mean,
6 with an overlay district. The applicant bas submitted a 6 I'm glad to see they have modified their site plan. But I
7 site plan to address some of the concerns discussed at the 7 had a problem with the language in here that doesn't
8 November 9th meeting. 8 apply. I don't see how it can't abut. It has to abut
9 The building setbacks on the proposed site 9 somewhere.
10 are a 20-foot front yard setback on Westway and a 15~foot 10 MS. SHELTON: But if -- I'm going to turn
11 side yard setback on Anna. The proposed setbacks meet the 11 this over to Kelly. We had. many discussions on this
12 requirement Development Code for both the cut'l'l:lIlt and 12 subject.
13 proposed zoning districts. 13 MS. CARPENTER: Yes. We spent quite a bit
14 The requirement of the 20-foot minimum yard 14 of time at the attorneys office and the GIS m~Ple and
IS when a nonresidential use abuts a residential use or 15 looking back at our history of how we've h ed these
16 district which we discussed also in a previous meOOng 16 thingS. The important language I think is 35.2.4 of the
17 does not apply in this case. 17 Code in which it says unless otherwise specified, district
18 This next slide shows the proposed building 18 boundaries are lot lines. The center lines of streets,
19 elevation. Staff bas received 32 additional responses in 19 creeks and railroad right-of-way where such lines
20 support of the zoning request, since the preparation of 20 extended. It has historically been our practice that the
21 the staff report that y' all ra:eived, one of the letters 21 zoning on a parcel is extended to the center line of the
22 of support from a property owner previously in opposition 22 adjacent street.
23 to the request. 23 So in this particular case, there is no
24 The map now shows nine property owners in 24 adjacency of the lot in question to the lot across the
25 opposition to the request. These were from the original 25 street because the street separates them. And the street
Page 10 Page 12
I petition that we saw previously. Twenty-two property 1 has half zoning of -- would have half zoning of NRMU on
2 owners are in support and are shown on the map as the dark: 2 the one side and half zoning of NR-3 on the other side.
3 green parcels. The light green parcels indicate 3 That's historically been the way we have mapped our
4 occupants, but not properly owners of the properties in 4 zoning. So that's how the interpretation got made.
5 support of the request. There are five of these including 5 COMMISSIONER ROY: well, if I were living
6 an occupant leasing a home on the subject property. Some 6 on the other side of the street, I'd have a hard time with
7 of the property owners in support which is part of the 32 7 that deftnition.
8 responses are located to the north of University Drive and 8 MS. CARPENTER: well, and Mr. Roy, I tend
9 are not shown on the map that you see before you. And 9 to agree with you because I think that it's -- I don't
10 I'll be bappy to answer any questions. And the applicant to agree -- well, how can I say this? I think that the
11 is here to answer also the questions. II 20-foot setback with additional foot of setback for every
12 COMMISSIONER STRANGE: Mr. Roy. 12 foot higher than 20 feet of the building, is there to
13 COMMISSIONER ROY: YOU state, Ms. Shelton, 13 protect the residential use that's across the street from
14 in your presentation and again in the paperwork here that 14 the proposed mixed use.
15 20 foot setback that we thought was required when a 15 COMMISSIONER ROY: From elevation --
16 nonresidential use abuts a residential use does not apply. 16 MS. CARPENTER: Right.
17 Could you explain why it doesn't apply? 17 COMMISSIONER ROY: people looking down.
18 MS. SHELTON: I can. It was determined by 18 MS. CARPENTER: Right. But in this
19 staff that the zoning district extends to the center line 19 particular case, the uses across the street aren I t
20 of the road, therefore, this lot does not abut the 20 residential, SO --
21 neighborhood, the residential distrt t 2 - well, either 21 COMMISSIONER ROY: If this were an
22 to the east or to the south. 22 apartment house, a two-story apartment house, then it
23 COMMISSIONER STRANGE: where does their 23 would be a different thing in your mind?
24 zoning district start? 24 MS. CARPENTER: YOU mean across the street?
25 MS. SHELTON: I'm sorry? 25 COMMISSIONER ROY: Yeah.
CondenseItTM
PLANNING AND ZONING MINUTES DECEMBER 14,2005
Page 9 - Page 12
CondenseItlM
Page 13 Page 15
1 MS. CARPENTER: well, the interpretation 1 MS.SHELTON: I can't -- I be1ieve that
2 would still be the same because that's been our practice 2 they are, but the -- because I'm showing them the green
3 and I think that's how the Code, one of the ways the Code 3 and nxI, we did get the property owner's response, but I
4 says make the interpretation of where the zoning line is, 4 believe they are owner occupied.
5 but I think that the intention of writing that setback was 5 COMMISSIONER WATKINS: okay. I love what
6 10 protect a residential use were it across the stnrt. 6 the bank's done 10 what they have so far. I don't have a
7 In this case, there is not a residential 7 problem with where you draw the mark. I have a problem
8 use across the street, so I'm concerned about the 8 when it says that we will protect existing neighborhoods.
9 precedent that we may be setting here. I am concerned 9 And if that's thn:e single-family residences across the
10 about that, but I think that the interpretation is an 10 street, it's going 10 be very difficult 10 step up and say
II acceptable one going 10 the middle of the street, so II they're 200 feet away, they're 500 feet away, and I
12 there's two different issues. Is that clear as mud? 12 believe it does say something about protect existing
13 COMMISSIONER STRANGE: Not 10 me. Again, I 13 neighborhoods.
14 see that we're going 10 be okay on this particular issue 14 MS. CARPENTER: BUt, Mr. Chairman, I think
15 because they have followed generally the setbacks. They 15 the question is what is the setback on Westway? Is it --
16 may not have followed one additional foot for each foot of 16 are they proposing 20 feet?
17 building height above 20 feet because their building is 17 MS. SHELTON: westway is a 20-foot setback.
18 taller than 20 feet I would think. But the precedent of 18 MS. CARPENTER: And how tall is the
19 it would seem 10 be a problem to me and having the 19 building?
20 language in a public record that says that this is not a 20 MS. SHELTON: 1'1lIet the applicant-
21 violation of the ordinance bothers me because there has 10 21 MS. CARPENTER: okay. Because it could be
22 be an abutting line somewhere that down the road would 22 that it ma:ts the setback requirement at 20 feet. I don't
23 protect a single family residence or single family zoning 23 know because I don't know how tall the building is.
24 from something like this happening. That bothers me a 24 COMMISSIONER STRANGE: YOU can put that
25 little bit that there's that connotation that we are 25 elevation back up there if you would, please.
Page 14 Page 16
1 setting a precedent 1 MS. CARPENIER: It looks like it's higher
2 MS. CARPENTER: It bothers me, too. 2 than 20 feet, but he can answer that.
3 COMMISSIONER STRANGE: HOW do we fix it? 3 COMMISSIONER STRANGE: Probably 23 OW
4 MS. CARPENTER: well, in this particular 4 feet.
5 case, I'm not sure how 10 fix it. I mean, we could 5 MS. CARPENTER: So then you'd need a 23 or
6 re-examine -- we could re-examine how we interpret where 6 24 foot setback if you want to interpret it that way.
7 the zoning ends and the other begins, but what I explained 7 COMMISSIONER STRANGE: Down to the letter.
8 10 you is how we actualIy do it. 8 MS. CARPENTER: Down to the letter, yes,
9 COMMISSIONER STRANGE: Right 9 SIT.
10 MS. CARPENTER: I mean, over time it's been 10 COMMISSIONER ROY: so this is what the
11 taken 10 the center line in which the lot in question is 11 neighbors across the street from Westway will be looking
12 not abutting, so maybe what we need to do is change the 12 at?
13 language in subchapter 5 concerning abuttedness, in 13 MS. SHELTON: Correct.
14 effect. 14 COMMISSIONER ROY: This is -- and the
15 COMMISSIONER STRANGE: Right 15 setback is 20 feet?
16 MS. CARPENTER: Maybe that's what needs to 16 MS. SHELTON: Yes, sir.
17 be fixed. 17 COMMISSIONER STRANGE: And 15 on Anna?
18 COMMISSIONER STRANGE: could be. Mr. 18 MS. SHELTON: Correct.
19 Watkins. 19 COMMISSIONER STRANGE: which would be a
20 COMMISSIONER WATKINS: Thank you, Mr. 20 normal residential setback?
21 Chairman. The thn:e lots 10 the south across the 21 MS. SHELTON: ACtually that exceeds. The
22 street -- 22 requirement, I believe, for that zoning is currentlylO
23 MS. SHELTON: Yes, sir. 23 feet in the NRMU-I2 and there is no setback in NRMU.
24 COMMISSIONER WATKINS: -- I noticed one is 24 COMMISSIONER STRANGE: But I'm saying in a
25 red and two are green, those are occupied residences? 25 residential zoning area, if we're trying to look at
PLANNING AND ZONING MINUTES DECEMBER 14~ 2005
Page 13 - Page 16
CondenseIt rM:
Page 17 Page 19
1 protecting the neighbors residentially, a 15-foot side 1 COMMISSIONER ROY: Thank you.
2 yard on an adjacent street has been a normal -- 2 COMMISSIONER STRANGE: AnY other questions
3 MS. SHELTON: correct. 3 of the applicant?
4 COMMISSIONER STRANGE: Yeah. So in that 4 MR. FULLER: we have - we've set back --
5 vein they are protecting the residential aspect with both 5 one of the other things we discussed was setting back. We
6 the front and the side yard setback? 6 did set back to 20 feet plus there's an eight-foot
7 MS. SHELTON: AS far as consistency, yeah. 7 sidewalk and - that we're proposing to put in. Went back
8 COMMISSIONER STRANGE: Right. Any other 8 15 feet, plus eight-foot sidewalk on the other side,
9 questions of staff? Thank you. This is a public hearing. 9 trying to accommodate the other concerns.
10 We'll now open the public hearing. Is the applicant here 10 COMMISSIONER STRANGE: Thank you. Qh, Mrs.
11 and do they wish to speak? 11 Holt
12 MR PULLER: GOOd evening. Thank you. I'm 12 COMMISSIONER HOLT: could you tell me the
13 David Fuller with PointBank, 200 South Highway 377, Pilot 13 height of the building?
14 Point, Texas 7625S, here to answer any questions that you 14 MR PULLER; TWenty-three feet.
15 may have. 15 COMMISSIONER HOLT: And you said it's 23
16 COMMISSIONER STRANGE: Mr. Roy. 16 feet plus --
17 COMMISSIONER ROY: Mr. Porter? 17 MR PULLER: plus the eight-foot sidewalk.
18 MR. PULLER: FUller. 18 COMMISSIONER HOLT: so it's 28 feet?
19 COMMISSIONER ROY: FUller, I'm sorry. 19 MR. PULLER: well, I don't -- y'all's
20 MR PULLER: No problem. 20 measurements go to the sidewalk, am I correct?
21 COMMISSIONER ROY: when we last met we 21 MS. CARPENTER: Property line.
22 received a listing of the people who were opposed to the 22 MR. PULLER: HOW does that go, Ray? Ray,
23 project and I believe we asked Mr. David at that time 23 it's 20 feet from the sidewalk; is that correct?
24 about the efforts he had made to talk to these people to 24 MR. DAVID: That's correct.
25 try to understand what their concerns were and try to 25 MR. FULLER: And then there's an eight-foot
Page 18 Page 20
I resolve it. Do you know if any progress has been made? I sidewalk. Okay. Where's the property line start legally?
2 MR. FULLER: Yes, sir. We had - we had 2 Can you put that --
3 one meeting. We mailed out to everybody within the 500 3 MR DAVID: well, it's 20 feet from--
4 feet and everybody within the 200 feet two separate 4 MR. FULLER: Does the eight foot include
5 mailings. Had a meeting on that. Unfortunately, the 5 the -- does the 20 feet include the sidewalk?
6 weather was bad that night. We did have one attendee. 6 MR. DAVID: It starts at this point right
7 Since that happened. then we started calling and started 7 here.
8 going around and meeting and, hence, that's where the - 8 MR. FULLER: SO, yes, there's 20 feet plus
9 we went around and met with neighborhood - with people in 9 the eight-foot sidewalk.
10 the neighborhood. 10 MS. CARPENTER: so there's 28 feet of
11 We have not met with everybody but we've 11 separation .-
12 met with a large portion of them. 12 MR. FULLER: From the street.
13 COMMISSIONER ROY: Did you happen to meet 13 MS. CARPEN1ER: -- from the back of the
14 with that one n:d spot across .. 14 cwb to the building?
15 MR FULLER: Yes. The gentleman that was 15 MR. FULLER: That's correct.
16 here, we met with him one day last week or this week. 16 MS_ CARPENTER; BUt there's 20 foot of
17 COMMISSIONER ROY: And? 17 setback from the property line to the face of the
18 MR PULLER: And he has -- he's showing IS building?
19 support now. 19 MR. FULLER: That's my understanding, yes.
20 COMMISSIONER ROY: The one across from Anna 20 MS. CARPENTER: okay. Thank you.
21 on Westway? 21 COMMISSIONER STRANGE: Any other questions?
22 MR. PULLER: NO, we never did get a chance 22 Thank you. Do we have any cards on this item?
23 to moot with them. I'm sorry. There was two. 1bere was 23 MS. CARPENTER: NO, sir, we don't.
24 one there and one across the street from him on the corner 24 COMMISSIONER STRANGE: okay. We have no
25 and we met .. we did get to meet with the one. 25 cards on this, but I will ask: if there's anyone who did
PLANNING AND ZONING MINUTES DECEMBER. 14,2005
Page 17 - Page 20
Page 21 Page 23
1 want - who wished to speak on this item? Okay. We'll 1 height is 40 feet. The applicant proposes at least
2 close the public hearing. And do we have a motion? Mrs. 2 60 percent lot coverage and 65 feet structure height.
3 Holt. 3 Neighborhood Residential Mixed Use Zoning District allows
4 COMMISSIONER HOLT: I move approval.. 4 80 percent lot coverage and permits structures up to 65
5 COMMISSIONER SlRANGE: Do we have a second? 5 feet up in height.
6 I'll second it. We have a motion and a second. Any 6 Since the NRMU zoning district allows some
7 discussion? I'd like to only make one comment in the 7 commercial uses, the applicant is requesting to rezone to
8 discussion before we vote and that is because of the 8 NRMU zoning District with an overlay to only allow church
9 issues we talked about relating to precedent setting, I 9 facilities. The uses surrounding the subject site are
10 would like for the staff to take this on as advisement to 10 mostly low density that do not have high lot coverage.
II determine what is going to be our policy regarding the 11 Staff recognizes the lack of neighborhood services in this
12 language where properties do abut so that we do not get 12 particular area of the city and, therefore, staff believes
13 into this issue again. Or if when we do, we have a clear 13 the church will be a civic development and a local
14 deftnition of what the ordinance will say about that. 14 landmark for the neighborhood and to not ftnd the proposed
IS MS. CARPENTER: I have it, sir. Thank you. 15 zoning with the omitted overlay to be incompatible with
16 COMMISSIONERSlRANGE: Thank you. Mr. Roy. 16 the surrounding neighborhood.
17 COMMISSIONER ROY: I plan to support the 17 Public notification was sent to property
18 motion. I'm glad to see the elevation that was provided 18 owners within 200 feet and 500 feet of the subject
19 to us. It's something we didn't have before so we have an 19 property. In your backup it says that we received two
20 idea of what this is going to look like. And I believe 20 notifications in opposition. But that's wrong. We only
21 that it's going to be more residential in nature, general 21 received one notification and that was neutral to the
22 appearance than it is an office building looking. So I 22 request.
23 think that's -- it makes me more supportive of it. So I'm 23 Based on the above analysis, staff
24 going to support it. 24 recommends approval of the requested zoning change based
25 COMMISSIONER STRANGE: AnY other 25 on the finding that the use is compatible with the
Page 22 Page 24
1 discussion? Seeing none, please vote. Vote passes 6-1. 1 surrounding neighborhood and the proposed zoned change is
2 (COMMISSIONER WATKINS VOTING IN 2 compatible with the Denton Plan and the Development Code.
3 OPPOSITION.) 3 IT you have any questions, I'll take them.
4 COMMISSIONER STRANGE: COMMISSIONER SlRANGE: 4 COMMISSIONER SlRANGE: NO questions of
5 Next issue is Item No. D, rezoning of approximately 20 5 staff. Thank you very much.
6 acres of land from Neighborhood Residential 2 Zoning 6 MS. CHEWLE: Thank you.
7 District to a Neighborhood Residential Mixed Use Zoning 7 COMMISSIONER SlRANGE: It's a public
8 District with an overlay. The property is located 2,600 8 hearing. We'll open the public hearing. Is the applicant
9 feet south of Brush Creek Road and east of Fort Worth 9 here and do they wish to speak?
10 Drive. Ms. Chewle. 10 MR. GOMFZ: My name is Kelly Gomez. I'm
11 MS. CHEWLE: Good evening. The applicant 11 with Garrett.Dmen Civil Engineers, 1700 Red Bud
12 for this request is Garrett-Ihnen Civil Engineering, 12 Boulevard, Suite 334 in McKinney, Texas 75069. And I
13 McKinney, Texas. The property is located along Fort Worth 13 represent the owner in this case. And the owners are
14 Drive, and the applicant is requesting to rezone 14 Argyle United Methodist Church. They currently own the
15 approximately 20 acres from a residential - Neighborhood 15 project. The site is 20 acres and this gives them room to
16 Residential NR-2 zoning District to Neighborhood 16 grow. They want to relocate their campus to this site.
17 Residential NRMU District with an overlay district. The 17 The pmpose for the variance is as has been described.
18 applicant proposes to build a church. The current zoning 18 It's the NR-2 has a height restriction of 40 feet and only
19 is NR-2. This will be the proposed zoning, but the zoning 19 a 30 percent lot coverage.
20 will go to the center lane. Right now the map does not 20 So in order to build the facility -- their
21 show that because it's kind of difficult to draw it. So I 21 Phase 1 is going to be a 400-seat facility and about
22 thought I'd let GIS work on that. 22 20,000 square foot total with educational facilities and
23 Churches are allowed in all zoning 23 so forth. But for the ultimate build-out and room to grow
24 districts. The maximum lot coverage in an NR-2 zoning 24 and everything, then that's what we need this variance
25 district is 30 percent and the maximum allowable structure 25 for, so if you have any questions, I'll try to answer
Condenselt 1M
PLANNING AND ZONING MINUTES DECEMBER 14,2005
Page 21 - Page 24
S :\Our Documents\Ordinances\06\Z05-0027.doc
ATTACHMENT 8
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) TO THE
NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT
CALSSIFICATION AND USE DESIGNATION WITH AN OVERLAY DISTRICT FOR
APPROXIMA TEL Y 2.63 ACRES, GENERALLY LOCATED 150 FEET EAST OF CARROLL
BL YD. AND NORTHWEST OF THE INTERSCTION OF WESTW A Y STREET AND ANNA
STREET LEGALLY DESCRIBED AS LOTS 4, 5, 6, & 7, IN THE T. N. SKILES
SUBDIVISION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-
0027)
WHEREAS, David Fuller has applied for a change in zoning for approximately 2.63
acres which is legally described as Lots 4,5,6 & 7 of the T. N. Skiles Addition (the "Property")
from Neighborhood Residential Mixed Use 12 (NRMU-12) to Neighborhood Residential Mixed
Use (NRMU) zoning district classification and use designation: and
WHEREAS, the City Council makes the following findings:
a. The change in zoning, including the overlay district, is consistent with the
Comprehensive Plan; and
b. The overlay district will protect and enhance the Property and surrounding
area which are distinct from lands and structures outside of the overlay district
and the immediate neighborhood; and
c. The regulations imposed in the overlay district serve important and substantial
public interests by preserving the integrity of the neighborhood surrounding
the overlay district while offering a different type of residential home to the
public and the neighborhoo4; and
WHEREAS, on December 14, 2005, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested change in zoning;
NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The zoning district classification and use designation of the Property is
hereby changed from Neighborhood Residential Mixed Use 12 (NRMU-12) to Neighborhood
S :\Our Documents\Ordinances\06\Z05-0027.doc
Residential Mixed Use (NRMU) zoning district classification and use designation, with an
overlay district allowing only professional services and office.
SECTION 3 . The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 4. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions ofthis ordinance are severable.
SECTION 5. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the
day of
,2006.
EULThffiBROCK,MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDE CITY ATTORNEY
"-
BY:
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Attachment 9
Proposed Site Plan
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AGENDA INFORMATION SHEET
AGENDA DATE:
January 3, 2006
CM:
Planning and Development ~
Howard MartIn, 349-8232 __
DEPARTMENT:
SUBJECT - ADP04-0007: (Klement Laundry)
Hold a public hearing and consider adopting an ordinance regarding an Alternative
Development Plan for a proposed laundry on approximately 0.40 acres. The subject property
is generally located at the northeast corner of McKinney Street and Wood Street intersection
and in a Neighborhood Residential Mixed Use (NRMU) zoning district. The purpose of the
Alternative Development Plan is to deviate from the requirements of Subchapter 13 of the
Development by parking between the building and McKinney Street. The Planning and
Zoning Commission recommends approval (7-0).
BACKGROUND
Applicant: Spring Brook Planning Group Grapevine, TX
The applicant is proposing to deviate from the site design standards concerning parking areas
located in front of the building. Alternative development plans provide a mechanism for the
Planning Commission and the City Council to consider allowing a development that cannot
meet, or chooses not to meet, the site design standards in the Development Code to deviate
from those design standards, while demonstrating, nevertheless, that it meets or exceeds
(through mitigation) the objectives of the Denton Plan and Development Code. Applicant
proposes to mitigate the parking in front of the building by doing the following: supplying
additional landscaped area and supplying additional tree canopy.
The applicant proposes to provide a three-foot high decorative wrought iron fence as required
for the right-of-way screening. In order to mitigate the location of the parking between the
building and the street the applicant is proposing to increase landscape area and tree canopy
coverage within the parking lot area. The table below identifies the required and proposed
landscape area and tree canopy:
TABLE "A"
Site Data Code Proposed
Min. Lot Area 2,500 sq.ft. 16,918.35 sq.ft.
Max. Lot Coverage 80% 73.1% (12,370 sq.ft)
Min. Landscaped Area (on Site) 20% 26.9% (4,548 sq.ft)
Total Landscaped Area (including landscaping 20% 41.0% (10,042 sq.ft)
in adjacent public ROW)
Canopy Coverage 40% 41.3% (6,989 sq.ft)
Total Canopy Coverage Area (including 40% 47.5% (11,622 sq.ft)
landscaping in adjacent public ROW)
Parking Lot Area 8,191 sq.ft.
Min. Parking Lot Open Space 7% 35.0% (2,871 sq.ft)
Min. Parking Lot Canopy 15% 38.19% (8,119 sq.ft)
Max. Number of Parking Spaces 11 18
The proposed additional landscape area and tree canopy ensure development that meets the
intent of the regulations of the Development Code by supplying a streetscape along
McKinney Street. Therefore, staff recommends approval of the requested Alternative
Development Plan to deviate from the site design standards requirements.
Public notification information is provided in Attachment 4. As of this writing, staff received
one written response in favor of the request from property owners within 200 feet of the
subj ect property.
OPTIONS
1. Approve.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table.
RECOMMENDA TION
The Planning and Zoning Commission recommends approval to the City Council regarding
the Alternative Development Plan for parking between the building and the street.
ESTIMATED PROJECT SCHEDULE
An Amending Final Plat approval is required prior to obtaining any building permits.
2
PRIOR ACTIONIREVIEW
November 15, 2005: three variances were approved.
November 1, 2005: a portion of the subject property was rezoned from Neighborhood
Residential (NR-4) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning
di stri ct.
October 12, 2005: a Plat Vacation was approved.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification Map
4. Site Photographs
5. Letter of Intent
6. Site Plan
7. Planning and Zoning Commission Minutes
8. Ordinance
~y
Supriya Chewle
Planner I
Respectfully submitted:
~~
Kelly Carpenter, AICP
Director of Planning and Development
3
ATTACHMENT 1
Staff Analysis
Summary of Alternative Development Plan Request
Section 35.13.5 states that an applicant may propose an Alternative Development Plan, which
meets or exceeds the design obj ectives of this Subchapter but does not meet the standards of this
Subchapter. It further identifies the following Criteria for Approval of an ADP.
The goals and objectives which must be met, and by which the proposal will be judged are:
1. Preserve Existing Neighborhoods.
2. Assure quality development that fits in with the character of Denton.
3. Focus new development to activity centers to curb strip development and urban
sprawl.
4. Ensure that infrastructure is capable of accommodating development prior to the
development occurring.
S 35.13.13.4.A.8 (Parking between Building and Street) states: Parking areas shall be located
behind buildings or on one or both sides, except along the interstate where a minimum fifteen
foot (15') additional landscape area will be required along parking areas in front of a building.
The applicant is proposing parking between the buildings and the street along McKinney Street.
The intent of the code is to create a streetscape by locating the building along the street and
locating parking to the side and rear of the building. The code (Section 35.13.10.C.2) also
requires all parking lots to be screened from the Right-of-Way. Any combination of the
following screening methods could be used:
a. A 3 feet high wall made of any combination of wrought iron, masonry, stone
or decorative concrete panels.
b. A minimum 10 feet wide landscape area planted with one large tree for every
40 linear feet.
The applicant is providing a 3 feet high decorative wrought iron fence as required for the Right-
of-Way screening. In order to mitigate the location of the parking between the building and the
street the applicant is proposing to increase landscape area and tree canopy coverage within the
parking lot area. The table below identifies the required and proposed landscape area and tree
canopy:
TABLE "A"
Site Data Code Proposed
Min. Lot Area 2,500 sq.ft. 16,918.35 sq.ft.
Max. Lot Coverage 80% 73.1% (12,370 sq.ft)
Min. Landscaped Area (on Site) 20% 26.9% (4,548 sq.ft)
Total Landscaped Area (including landscaping 20% 41.0% (10,042 sq.ft)
in adjacent public ROW)
Canopy Coverage 40% 41.3% (6,989 sq.ft)
Total Canopy Coverage Area (including 40% 47.5% (11,622 sq.ft)
landscaping in adjacent public ROW)
Parking Lot Area 8,191 sq.ft.
Min. Parking Lot Open Space 7% 35.0% (2,871 sq.ft)
Min. Parking Lot Canopy 15% 38.19% (8,119 sq.ft)
Max. Number of Parking Spaces 11 18
Existing Condition of Property
The subject property is vacant.
Adiacent zoning and land uses.
North:
South:
East:
West:
Neighborhood Residential 3 and 6 (NR-3 and NR-6)
Neighborhood Residential Mixed Use (NRMU)
Neighborhood Residential 3 (NR-3) & Employment Center Commercial (EC-C)
Neighborhood Residential 3 (NR-3)
Comprehensive Plan Analysis
The site is located in an "Existing Neighborhoods/Infill Compatibility" future land use area.
New development in this district should respond to existing development with compatible land
uses, patterns and design standards. The plan recommends that existing neighborhoods within
the city be vigorously protected and preserved. Housing that is compatible with the existing
density, neighborhood service, and commercial land uses is allowed. The Denton Plan defines
compatibility as: "The characteristics of different uses or activities or design which allow them to
be located near or adjacent to each other in harmony... Compatibility does not mean "the same
as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the
character of existing development" (p. 188).
"The quality of development, particularly commercial development along the city's
corridors, is a significant factor in the quality of neighborhoods, the urban
environment, and the sustainability of structures. Adequate public facilities shall be a
criterion by which zoning is granted" (p. 42)
"Visual quality objectives and a healthy business climate should not be considered
mutually exclusive. Urban design concepts should be incorporated into private
development plans early into the review process." (p.61)
"Off-street parking requirements should reflect respect for environmental quality
considerations. Parking location and associated landscaping should be carefully
regulated to avoid unacceptable expanses of pavement. " (p. 66)
ATTACHMENT 2
locationl Zoning Map
NORTH
land Use Map
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Public Notification Map
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Public Notification Date: November 28, 2005
200' Legal Notices* sent via Certified Mail: 22
Number of responses to 200' Legal Notice:
· In Opposition: 0
· In Favor: 0
· Neutral: 0
* A copy of the notification list can be picked up at
City Hall West, 221 N. Elm Denton TX 76201
8
ATTACHMENT 4
Site Photographs
Picture of the site from McKinney St. Properties to the west of the property.
Properties to the Northeast of the property Properties to the Northwest of the property.
AI's furniture to the east of the property Property to the south of the property
7
Aerial Photo
9
ATTACHMENT 5- LETTER OF INTENT
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Page 25 Page 27
1 them. 1 040 acres. Ms. Chewle.
2 COMMISSIONER STRANGE: what's going to be 2 MS. CHEWLE: This ADP is for Klement
3 the height of the first phase? 3 Laundry. The applicant is Spring Brook Planning Group,
4 MR. GOMEZ: we do not know, but we do know 4 Grapevine, Texas. The applicant is proposing to deviate
5 because the architectural drawings haven't been completed, 5 from the site design standards concerning parking areas
6 at this point everything's just hand sketches, but we do 6 located in front of the building and the street.
7 know that the Phase 1 is not the tallest of the phases. 7 Section 35.l3.l3.4.8.A of the Development
8 Phase 1 is going to have more of a multi-purpose building, 8 Code states parking areas shall be located behind
9 you know, for them to have worship and so forth and it 9 buildings or on one or both sides. The applicant is
10 will be probably the next phase that has the higher - you 10 proposing parking between the street - between the
11 know, the higher portion to it. But the - it will be at 11 building and the street along McKinney Street. The intent
12 or below the 65 feet, we're sure of that, that's allowed 12 of the Code is to create a streetscape by locating the
13 in the NRMU. 13 buildings along the street and locating parking to the
14 COMMISSIONER STRANGE: And the other 14 side and rear of the building.
15 question I had. since you are already working on your site 15 The Code also requires all parking lots to
16 considerations and there are houses -- I guess these 16 be screened from the right-of.way. The applicant is
17 houses come all of the way up to the property line on the 17 proposing a tbree-feet high decorative wrought iron fence
18 north side - your north property line; is that where you 18 as required for right-of-way screening, which will --
19 are? 19 nevermind.
20 MR. GOMEZ: 377 is on the west. 20 Okay. Right there. There will be the
21 COMMISSIONER STRANGE: Right. And these 21 wrought iron fence., right there, which will screen these
22 houses that we're seeing-- 22 parking spaces. In order to mitigate the location of the
23 MR. GOMEZ: These particular houses the 23 parking, location of the parking between the building and
24 church owns and I believe there's either - I 1hink 24 the street, the applicant is proposing to increase
25 there's a total of four or five houses that's existing and 25 landscape area and tree canopy coverage within the parking
Page 26 Page 28
1 there's one or two of them that's occupied. 1 lot area. The table in the screen identifies the required
2 COMMISSIONER STRANGE: BUt the church owns 2 and the proposed landscape area and tree canopy. The
3 all of those? 3 minimum landscape area required for the wning district is
4 MR. GOMEZ: Yes, sir. 4 20 percent and the applicant is proposing 26.9. ff you
5 COMMISSIONER STRANGE: SO there's not going 5 see, it shows total landscape area.
6 to be any single family houses just abutting right up to 6 Our Code states that landscaping on the
7 this? 7 right-of-way can be counted towards .. to meet the minimum
8 MR. GOMEZ: correct. 8 requirements of the landscape area, so the total landscape
9 COMMISSIONER STRANGE: okay. 9 area includes the right-of-way trees, landscaping. So the
10 MR. GOMEZ: Thank. you. 10 canopy coverage on the whole sire is -- required for the
11 COMMISSIONER STRANGE: AnY other questions? 11 zoning district is 40 percent. The applicant is providing
12 We have no cards on this item -- we had one. And that was 12 41.3 and the canopy within the parking lot area is seven
13 Mr. Gomez. He's already spoken. Any other people who 13 percent. Well, the landscaping .- hold on. There's
14 wanted to speak on this item? Seeing none, we'll close 14 something wrong with this. Nevermind.
15 the public bearing. Do we have a motion on this? Mr. 15 The parking lot requires an open space of
16 Roy. 16 seven percent. The applicant is providing 35 percent.
17 COMMISSIONER ROY: I move approval as 17 And the minimum parking lot canopy coverage required
18 recommended by staff. 18 within the parking lot is 15 percent and the applicant is
19 COMMISSIONER STRANGE: IXl we have a second? 19 proposing 38.19. Public notification was sent to owners
20 COMMISSIONER HOLT: second. 20 within 200 and 500 feet and we received one response in
21 cOMMISSIONER STRANGE: we have a motion by 21 favor of the request.
22 Mr. Roy, a second by Mrs. Holt. Any discussion? If not, 22 The proposed additional landscaping area
23 please, vote. And the vote passes 7-0. 23 and tn::e canopy ensure a quality development that meets
24 Move on to Item E, which is an Alternative 24 the intent of the regulations of the Development Code,
25 Development Plan for a proposed laundry on approximately 25 therefore, staff recommends approval of the requested
ATTACHMENT 7
CondenseIt 1M
PLANNING AND ZONING MINUTES DECEMBER 14,2005
Page 25 - Page 28
Page 29 Page 31
1 Alternative Development Plan to deviate from the Site I your approval for this and I'd be happy to answer any
2 Design Standards -- standard requirements. Do you have 2 questions. The owner of the property is here if you have
3 any questions? 3 any questions regarding the operation of the facility
4 COMMISSIONER STRANGE: AnY questions of 4 also.
5 staff? Thank you, Ms. Chewle. This is a public bearing. S COMMISSIONER STRANGE: AnY questions? I
6 We will now open up our public hearing. Is the applicant 6 only had one. Make sure I read this right. We're talking
7 here and do they wish to speak? 7 about the number of parking places that are allowed under
8 MR. REICHHART: I'll try to be brief, yes. g Code are 11, and you're going to have 18?
9 Thank you. My name is Larry Reichhart, Spring Brook 9 MR REICHHART: Because the Code allows
10 Planning Group, 2405 Mustang Drive in Grapevine, Texas. 10 additional parking spaces if you have additional
11 I'm used to doing this right-banded, cx.cuse me a second. 11 impervious area. And with all that additional open space
12 MS. CARPENTER: Do you need help? 12 that we provided in the parking lot, that mitigated the
13 MR. REICH HART: I can get it. Thank you. 13 parking spaces. So I believe we're at 18 and the amount
14 We do know where the location is and this site was -- 14 of open space we have in the parking lot offsets those
IS previously boon forward before this Board for a number of 15 extra parking spaces.
16 issues. Vacated the plat, number of variances, rezoning, 16 COMMISSIONER STRANGE: okay. So you have
17 so I'm pretty sure we're all familiar with the location, 17 compensated for the parking -
18 the corner of Wood and McKinney. 18 MR. REICHHART: Yes.
19 Our sire plan, our lot coverage is at 73 19 COMMISSIONER STRANGE: -- with the
20 percent so we're a little under the site plan. And what I 20 pervious --
21 wanted to point out is one of the main reasons we're 21 MR. REICHHART; with the -- yes, that is
22 proposing the parking in front of the building besides the 22 correct.
23 access point is for, quite honestly, a safety reason. 23 COMMISSIONER STRANGE: okay. Any other
24 There is a potential to pull the building 24 questions? Okay. Thank you very much. We have no other
25 all the way up to the street on McKinney and try to park 25 cards on this item so we'll close the public hearing. Do
Page 30 Page 32
1 behind it, but with laundry facilities, you know, people 1 we have a motion on this item?
2 carrying lots of laundry in and lots of laundry out 2 COMMISSIONER HOLT: I move approval.
3 typically have cash in their pockets in order to do it. 3 COMMISSIONER STRANGE: Mr. Roy.
4 We didn't want to have any parking that 4 COMMISSIONER ROY; I will second that and I
5 wasn't really visible from the adjacent street for drive- 5 think just as a comment, the proposal by the applicant
6 by and people to be able to view it. Additionally, it is 6 meets the intent of what we're looking for in terms of
7 a very tight lot as I've mentioned before and it is an 7 coming up with something to offset the Code requirement
8 in-fill lot. But our landscaping as descn"bed when you 8 for the parking in front. I think it's reasonably
9 add the portions between the right-of-way and the street, 9 consistent with what we've done in the past in this
10 that gets us up to that 41 percent. The one difference 10 general area.
II from stafr s presentation, our proposed wrought iron style 11 One more comment, I think that what they
12 fencing is going to go along where these reddish dots are 12 have come up with as a mitigating plan is going to make
13 here across the entire frontage and then up in this area, 13 that laundry one of the nicer looking operations on that
14 too, so anyplace there's any parking, we would have that 14 whole road. So I think it's a good start and maybe it
15 wrought iron style screening. 15 will be something that can be copied by other applicants
16 And, again, our parking lot, by breaking it 16 down the road. So I did second that.
17 up into the three little sub areas as shown on the plan 17 COMMISSIONER STRANGE: okay. I have a
18 provides us the ability to provide a lot of landscaping in 18 motion by Mrs. Holt and a second by Mr. Roy. If there's
19 the parking lot to break it up so it won't be that big of 19 no discussion, please vote. Vote passes 7-0.
20 a visual impact on passerbys. 20 Item F is an Amendment to the Detailed Plan
21 And then fmally, with our tree canopy 21 for Country Lakes West and Country Lakes North. Ms.
22 coverage, as mentioned, we're almost over double what we 22 Chewle.
23 need in the parking lot. So we are again, softening that 23 MS. CHEWLE: okay. First, I would like to
24 built environment. And we do believe the mitigation -- 24 make a correction. The amendment is only to Country Lakes
25 and we agree with staff's recommendation and would like 25 North. and not to Country Lakes West.
CondenseIt 1M
PLANNING AND ZONING MINUTES DECEMBER 14,2005
Page 29 - Page 32
S :\OUf Documents\Ordinances\06\ADP04-0007.do::
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATNE
DEVELOPMENT PLAN ON APROXIMA TEL Y 0.40 ACRES OF LAND GENERALLY
LOCATED AT THE NORTHEAST CORNER OF MCKINNEY STREET AND WOOD STREET
INTERSECTION, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF
ALLOWING PARKING BETWEEN THE STREET AND THE BUlLDING~ PROVIDING FORA
PENALTY IN THE MAXIMUM M10UNT OF $2,000.00 FOR VIOLA nONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. (ADP04-0007)
WHEREAS, Springbrook Planning Group has applied for an alternative development plan
which is on file in the City's Planning Department, a copy of which is attached hereto and made a
part hereof as Exhibit "A", the Alternative Development Plan, on approximately 0.40 acre of land
located in a Neighborhood Residential Mixed Use (NRMU) zoning district particularly described as
Lot 16r, Block 1 of College View Addition (the "Property"); and
WHEREAS, on December 14, 2005, the Planning and Zoning Commission recommended
approval of an Alternative Development Plan; and
WHEREAS, the City Council finds that the Alternative Development Plan is consistent with
the Denton Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein.
SECTION 2. The Alternative Development Plan is hereby approved.
SECTION 3. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the _ day of
EULThffiBROCK,MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
PAGE 2
, 2006
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AGENDA INFORMATION SHEET
AGENDA DATE:
January 3, 2006
CM:
Planning and Development_ Dartment
Howard Martin, 349-8232 ' .
DEPARTMENT:
SUBJECT - Z05-0029 (9011 Ft Worth Drive, Argyle United Methodist Church)
Hold a public hearing and consider adopting an ordinance approving the rezoning of
approximately 20 acres ofland, from a Neighborhood Residential 2 (NR-2) zoning district to a
Neighborhood Residential Mixed-Use (NRMU) zoning district with an overlay district only
allowing church facilities. The property is located approximately 2600 feet south of Brush Creek
Road and east of Fort Worth Drive. The Planning and Zoning Commission recommends
approval (7-0).
BACKGROUND
Applicant: Garrett-Ihnen Civil Engineers McKinney, TX
The applicant is requesting to rezone approximately 20 acres, from a Neighborhood Residential 2
(NR-2) zoning district to a Neighborhood Residential Mixed-Use (NRMU) zoning district with
an overlay district. The applicant proposes to build a church. Churches are allowed in all zoning
districts. The maximum lot coverage in Neighborhood Residential (NR-2) zoning district is 30%
and the maximum allowable structure height is 40 feet. The applicant proposes at least 60% lot
coverage and 65 foot structure height. Neighborhood Residential Mixed Use (NRMU) zoning
district allows 80% lot coverage and permits structures up to 65 feet high. Since the NRMU
zoning district allows some commercial uses, the applicant is requesting to rezone to NRMU
zoning district with an overlay district to only allow church facilities. The uses surrounding the
subject site are mostly low-density uses that do not have high lot coverage. Staff recognizes the
lack of neighborhood services in this particular area of the city. A church will be a civic
development and a local landmark for the neighborhood therefore, the proposed zoning with the
limiting overlay is compatible with the surrounding neighborhood.
Public notification information is provided in Attachment 3. As of this writing, staff received
one written response neutral to the request from property owners within 200 feet of the subject
property.
Staff recommends approval of the requested zoning change based on the following findings:
1. The proposed use is compatible with the surrounding neighborhood.
2. The proposed zoning change is compatible with the Denton Plan and the Development
Code.
OPTIONS
1. Approve.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table.
1
RECOMMENDA TION
Planning and Zoning Commission recommends approval to the City Council regarding the
rezoning of approximately 20 acres of land, from a Neighborhood Residential 2 (NR-2) zoning
district to a Neighborhood Residential Mixed-Use (NRMU) zoning district with an overlay
district only allowing church facilities.
ESTIMA TED PROJECT SCHEDULE
The subject property is currently unplatted. A Preliminary and Final Plat approval will be
required prior to obtaining any building permits.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification Map
4. Site Photographs
5. Letter of Intent
6. Planning and Zoning Commission Meeting Minutes
7. Ordinance
~bY
Supriya Chewle
Planner I
Respectfully submitted:
~~
Kelly Carpenter, AICP
Director of Planning and Development
2
ATTACHMENT 1
Staff Analysis
Summary of Zoning Request
The applicant is requesting to rezone approximately 20 acres, from a Neighborhood Residential 2
(NR-2) zoning district to a Neighborhood Residential Mixed-Use (NRMU) zoning district with an overlay
di stri ct.
Existing Condition of Property
The subject property is mostly vacant with four single-family homes, which will be removed
when the church commences.
Adi acent Zoning and Uses
The adjacent zoning district is Neighborhood Residential (NR-2) and ETJ.
Comprehensive Plan Analysis
The subject site is located in the "Neighborhood Centers" future land use area of the Denton
Plan. According to the Denton Plan, "Within the undeveloped urban and urbanizing areas of the
city, new neighborhoods may develop in traditional patterns. Mixed-use and mixed housing
types will be allowed to develop in a pattern of 'neighborhood centers'. These are oriented
inwardly, focusing on the center of the neighborhood. These neighborhoods will exemplify the
interrelationship between quality of development, density, services and provision for adequate
facilities. These developments should locate the center of the neighborhood within a five to ten
minute walking distance from the edge of the neighborhood. The center contains uses necessary
to support the surrounding neighborhood. Civic uses are encouraged to be essential elements of
neighborhood centers as landmarks that are a focus to the neighborhood."
Civic land uses are uses that are owned and operated in a quasi-public manner such as churches
or private schools. Civic land uses should be used to the maximum extent possible to lead and
guide development. The community should invest in civic development that serves as local
landmarks.
Churches in conjunction with the site design standards as identified in the Development Code,
will make the proposed development compatible with The Denton Plan.
Development Review Analysis
Access
Access to the subject site is from Fort Worth Street is classified as Primary Major Arterial.
Public Infrastructure
Public utilities are available to serve the site.
Development Code / Zoning Analysis
The comparison between uses permitted in NR-2 and NRMU zoning districts are provided in the
following charts. Church Facilities is an allowed use in NRMU. The Neighborhood Residential
Mixed Use (NRMU) zoning district permits some commercial uses, but mostly with limitations.
Church facilities are allowed in all zoning districts within the City of Denton. The maximum lot
coverage in Neighborhood Residential (NR-2) zoning district is 30% and the maximum
allowable structure height is 40 feet. The applicant has requested at least 60% lot coverage and
1
65 feet structure height. Neighborhood Residential Mixed Use (NRMU) zoning district allows
80% lot coverage and permits structure up to 65 feet high. NRMU zoning district allows some
commercial uses, therefore the applicant is requesting to rezone to NRMU zoning district with an
overlay district to only allow church facilities.
The chart below illustrates the difference between the two zoning districts. Limitations for each
use are explained following the last chart.
Residential Land Use Categories NR-2 NRMU
Single Family Dwellings P N
Accessory Dwelling Units SUP N
L(l)
Attached Single Family Dwellings N L(40)
Dwellings Above Businesses N P
Live/Work Units N P
Duplexes N N
Group Homes N SUP
Multi-Family Dwellings N SUP
L(4)
Manufactured Housing Developments SUP N
Commercial Land Use Categories NR-2 \lRMU
Hotels N P
Bed and Breakfast N P
Retail Sales and Service N L(17)
Restaurant or Private Club N L(ll)
Drive-through Facility N SUP
Professional Services and Offices N L(17)
Quick Vehicle Servicing N SUP
Laundry Facilities N P
Equestrian Facilities SUP N
Outdoor Recreation P SUP
Administrative or Research Facilities N L(14)
Broadcasting of Production Studio N L(14)
Temporary Uses L(38) L(38)
Industrial Land Use Categories I NR-2 I NRMU
Bakeries N L(21)
Kennels L(37) N
Veterinary Clinics L(14) P
Gas Wells C:T TP
L(27) L(27)
2
Institutional Land Use Categories NR-2 NRMU
Community Service N P
Semi-public, Halls, Clubs, and Lodges SUP P
Business / Trade School N L(14)
Adult or Child Day Care SUP P
Kindergarten, Elementary School SUP P
Middle School N P
High School N SUP
Elderly Housing N P
Medical Centers N P
Limitations:
L(1) = Accessory dwelling units are permitted, subject to the following additional criteria:
1. The proposal must conform with the overall maximum lot coverage and setback requirements of the
underlying zone.
2. The maximum number of accessory dwelling units shall not exceed 1 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed
50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the
lot meets the requirements of L(l).5.
4. One additional parking space shall be provided that conforms to the off-street parking provisions of
this Chapter.
5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed
50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten
acres in size. An SUP is not required for such an accessory residential structure where the lot size is
equal to or greater than ten acres.
L(4) = Multi-Family is permitted only:
1. With a Specific Use Permit: or
2. As part of a Mixed-use Development; or
3. As part of a Master Plan Development, Existing; or
4. If the development received zoning approval allowing multi-family use within one year prior to the
effective date of Ordinance No. 2005-224; or
5. If allow by a City Council approved neighborhood (small area) plan.
L(11) = 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.
L(14) = Uses are limited to no more than 10,000 square feet of gross floor area.
L(17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be
larger with approval of an SUP.
L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in
this zone.
L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production.
L (37) = S-acre minimum land area required and no more than 25 kennels per acre allowed, including indoor and
outdoor runs. A natural buffer strip is required adjacent to any residential use.
L (38) = Must meet the requirements of Section 35.12.9.
L (40) =Limited to a maximum 12 units per acre.
General regulations of the Neighborhood Residential land use zone are contained In the table
below:
3
Minimum lot area (square feet) 16,000 2,500
Minimum lot width 80 feet 20 feet
Minimum lot depth 100 feet 50 feet
Minimum front yard setback 20 feet None
6 feet 6 feet
Minimum side 10 feet None
Minimum rear 10 feet None
The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and
dimension requirements:
General Regulations NR-2 NRMU
Maximum density, dwelling units per acre 2 30
Minimum side yard for non-attached
buildings 10 feet 12 feet
The following limits apply to all buildings:
General Regulations I NR-2 I NRMU
Maximum lot coverage 30% 80%
Minimum landscaped area 70% 20%
Maximum building height 40 feet 65 feet
Minimum yard when 10 ft plus 1 foot for 20 ft plus 1 foot for
abutting a single-family use each foot of building each foot of building
or district height above 20 ft height above 20 ft
4
ATTACHMENT 2
Location/Zoning Map
Land Use Map
7
~
NORTH
Scale: None
ATTACHMENT 3
Public Notification Map
o
Ul
Z
:I:
o
"'l
CITY UMITS
CITYUMITS
Public Notification Date: December 2,2005
200' Legal Notices* sent via Certified Mail: 4
Number of responses to 200' Legal Notice:
· In Opposition: 0
· In Favor: 0
· Neutral: 0
~
* A copy of the notification list can be picked up at
City Hall West, 221 N. Elm Denton TX 76201
8
ATTACHMENT 4
Photographs
Subject Site
Public Notification
Properties across the street
Subject Site
Properties across the street
7
ATTACHMENT 5
Letter of Intent
GARRETT-IHNEN
CIVL ~
c.trql,...
3800 w_ fIiIrm&!' l..a"", Sl$.. ~ .
AugtJn. -n 7Ij.127
NDrIfllllMl
1700 Rd;JucI -..m,;s... ~
Mr::KImey, n: 7ti0BQ0
WA54.2400 972.!i29.. 7fJ04
ffo; IJ:I..2A54.242O 972.5:!a.7008 fa.'II;
Nowmber ~ 2005
MJ,. Supn,- CIlftrlil
Planner I. ~Rcvimv
City HsJl West
22J N. Ehn Street
Denton. TeD:i 7620]
RE.: Zon!D@ r.Jwl@e
Mule V.ked MIIhodJrd; Chreb .
Dentoo, T~
:Dear MI. ChewJc:
This I..etia' ollDtart 5e:l'VQ III our Nqumt of a mnin,g Ml1D&e. The liti= ia carree1Jy ZOOI!d
NR-2 wbblb limit!. fhe building bdQht tCJ 40 ft. lIDd requires I. m~b:num 70% JlItldIK:apQ.
covmge ... 'llK= staeple o,fUnited Mdhodi.st Church will U1ely be ~ dum oW ft. III1d
the 70% landSl'.ap8 ~ ama will not .now a.dfquara parldf1,g r.J ~ Ibc cl:nttcb. Due
to these Sbia: ~ we proposed a zo:aiDij chaose 10 NRMU. NRMU alJnwJ, I.
h.ti1dJne: bcigIn: ol6S fl and provides Jess stringent f.Rtl.d1C!tlpiDg cowr.a&e n:~ To
acquire your conDW:nce in 1b:Is ~ we v.ould also liB to propose III overlay to thi:
NRMU zoniDa 1hal would ocly a1low 1b:= DIe of cbmdJ.:f&cilitIes on the lite.
We b.Hve had a pre-devdqim!ll\t meeting with city gaff md believe thit the snm:nmdins
~ will ~ tlilil dI.8ngc in use.
WCI 81\'! CtJnfidmu that yea will view tbit dwJge 81! having a positive impact on the City of
Deman mullnok .&.wmd to WOJkiog with you 00 thi.s project.
Slna:re1y,
d e./o; f',C.
K.elv.in R. ~ P. E.
Vir,o..Ptesident
Gtrrett-1Imen Civil.E'.naineem, Inc.
11
Page 21 Page 23
1 want - who wished to speak on this item? Okay. We'll 1 height is 40 feet. The applicant proposes at least
2 close the public hearing. And do we have a motion? Mrs. 2 60 percent lot coverage and 65 feet structure height.
3 Holt. 3 Neighborhood Residential Mixed Use Zoning District allows
4 COMMISSIONER HOLT: I move approval 4 80 percent lot coverage and permits structures up to 65
5 COMMISSIONER STRANGE: Do we have a second? 5 feet up in height.
6 I'll second it. We have a motion and a second. Any 6 Since the NRMU zoning district allows some
7 discussion? I'd like to only make one comment in the 7 commercial uses, the applicant is requesting to rezone to
8 discussion before we vote and that is because of the 8 NRMU zoning District with an overlay to only allow church
9 issues we talked about relating to precedent setting, I 9 facilities. The uses surrounding the subject site are
10 would like for the staff to take this on as advisement to 10 mostly low density that do not have high lot coverage.
11 determine what is going to be our policy ~g the 11 Staff recognizes the lack of neighborhood services in this
12 language where properties do abut so that we do not get 12 particular area of the city and, therefore, staff believes
13 into this issue again. Or if when we do, we have a clear 13 the church will be a civic development and a local
14 defInition of what the ordinance will say about that. 14 landmark for the neighborhood and to not find the proposed
15 MS. CARPENTER: I have it, sir. Thank you. 15 zoning with the omitted overlay to be incompatible with
16 COMMISSIONER STRANGE: Thank you. Mr. Roy. 16 the surrounding neighborhood.
17 COMMISSIONER ROY: I plan to support the 17 Public notification was sent to property
18 motion. I'm glad to see the elevation that was provided 18 owners within 200 feet and 500 feet of the subject
19 to us. It's something we didn't have before so we have an 19 property. In your backup it says that we received two
20 idea of what this is going to look like. And I believe 20 notifications in opposition. But that's wrong. We only
21 that it's going to be more residential in nature, general 21 received one notification and that was neutral to the
22 appearance than it is an office building looking. So I 22 request.
23 think that's -- it makes me more supportive of it. So I'm 23 Based on the above analysis, staff
24 going to support it. 24 recommends approval of the requested zoning change based
25 COMMISSIONER STRANGE: AnY other 25 on the finding that the use is compatible with the
Page 22 Page 24
1 discussion? Seeing none, please vore. Vote passes 6-1. 1 surrounding neighborhood and the proposed zoned change is
2 (COMMISSIONER WATKINS VOTING IN 2 compatible with the Denton Plan and the Development Code.
3 OPPOSITION.) 3 If you have any questions, 1'll take them.
4 roMMISSIONER STRANGE: COMMISSIONER STRANGE: 4 OOMMISSIONER STRANGE: NO questions of
5 Next issue is Item No. D, rezoning of approximately 20 5 staff. Thank you very much.
6 acres of land from Neighborhood Residential 2 Zoning 6 MS. CHEWLE: Thank you.
7 District to a Neighborhood Residential Mixed Use Zoning 7 OOMMISSIONER STRANGE: It's a public
8 District with an overlay. The property is located 2,600 8 hearing. We'll open the public hearing. Is the applicant
9 feet south of Brush Creek Road and east of Fort Worth 9 here and do they wish to speak?
10 Drive. Ms. Chewle. 10 MR. GOMFZ: My name is Kelly Gomez. I'm
11 MS. CHEWLE: Good evening. The applicant 11 with Qarrett.Dmen Civil Engineers, 1700 Red Bud
12 for this request is Garrett-TImen Civil Engineering, 12 Boulevard, Suite 334 in McKinney, Texas 75069. And I
13 McKinney, Texas. The property is located along Fort Worth I3 represent the owner in this case. And the owners are
14 Drive, and the applicant is requesting to rezone 14 Argyle United Methodist Church. They cmrently own the
IS approximately 20 acres from a residential - Neighborhood 15 project. The site is 20 acres and this gives them room to
16 Residential NR-2 zoning District to Neighborhood 16 grow. They want to relocate their campus to this site.
17 Residential NRMU District with an overlay district. The 17 The purpose for the variance is as has been described.
18 applicant proposes to build a church. The cmrent zoning 18 It's the NR-2 has a height restriction of 40 feet and only
19 is NR-2. This will be the proposed. zoning, but the zoning 19 a 30 percent lot coverage.
20 will go to the center lane. Right now the map does not 20 So in order to build the facility -- their
21 show that because it's kind of difficult to draw it. So I 21 Phase I is going to be a 400-seat facility and about
22 thought I'd let GIS work on that. 22 20,000 square foot total with educational facilities and
23 Churches are allowed in all zoning 23 so forth. But for the ultimate build-out and room to grow
24 districts. The maximum lot coverage in an NR-2 zoning 24 and everything, then that's what we need this variance
25 district is 30 percent and the maximum allowable structure 25 for, so if you have any questions, I'll try to answer
ATTACHMENT 6
Condenselt 1M
PLANNING AND ZONING MINUTES DECEMBER 14,2005
Page 21 - Page 24
Page 25 Page 27
1 them. 1 040 acres. Ms. Chewle.
2 COMMISSIONER STRANGE: what's going to be 2 MS. CHEWLE: This ADP is for Klement
3 the height of the first phase? 3 Laundry. The applicant is Spring Brook Planning Group,
4 MR. GOMEZ: we do not know, but we do know 4 Grapevine, Texas. The applicant is proposing to deviate
5 because the architectural drawings haven't been completed, 5 from the site design standards concerning parking areas
6 at this point everything's just hand sketches, but we do 6 located in front of the building and the street.
7 know that the Phase 1 is not the tallest of the phases. 7 Section 35.l3.l3.4.8.A of the Development
8 Phase 1 is going to have more of a multi-purpose building, 8 Code states parking areas shall be located behind
9 you know, for them to have worship and so forth and it 9 buildings or on one or both sides. The applicant is
10 will be probably the next phase that has the higher - you 10 proposing parking between the street - between the
11 know, the higher portion to it. But the - it will be at 11 building and the street along McKinney Street. The intent
12 or below the 65 feet, we're sure of that, that's allowed 12 of the Code is to create a streetscape by locating the
13 in the NRMU. 13 buildings along the street and locating parking to the
14 COMMISSIONER STRANGE: And the other 14 side and rear of the building.
15 question I had. since you are already working on your site 15 The Code also requires all parking lots to
16 considerations and there are houses -- I guess these 16 be screened from the right-of.way. The applicant is
17 houses come all of the way up to the property line on the 17 proposing a tbree-feet high decorative wrought iron fence
18 north side - your north property line; is that where you 18 as required for right-of-way screening, which will --
19 are? 19 nevermind.
20 MR. GOMEZ: 377 is on the west. 20 Okay. Right there. There will be the
21 COMMISSIONER STRANGE: Right. And these 21 wrought iron fence., right there, which will screen these
22 houses that we're seeing-- 22 parking spaces. In order to mitigate the location of the
23 MR. GOMEZ: These particular houses the 23 parking, location of the parking between the building and
24 church owns and I believe there's either - I 1hink 24 the street, the applicant is proposing to increase
25 there's a total of four or five houses that's existing and 25 landscape area and tree canopy coverage within the parking
Page 26 Page 28
1 there's one or two of them that's occupied. 1 lot area. The table in the screen identifies the required
2 COMMISSIONER STRANGE: BUt the church owns 2 and the proposed landscape area and tree canopy. The
3 all of those? 3 minimum landscape area required for the wning district is
4 MR. GOMEZ: Yes, sir. 4 20 percent and the applicant is proposing 26.9. ff you
5 COMMISSIONER STRANGE: SO there's not going 5 see, it shows total landscape area.
6 to be any single family houses just abutting right up to 6 Our Code states that landscaping on the
7 this? 7 right-of-way can be counted towards .. to meet the minimum
8 MR. GOMEZ: correct. 8 requirements of the landscape area, so the total landscape
9 COMMISSIONER STRANGE: okay. 9 area includes the right-of-way trees, landscaping. So the
10 MR. GOMEZ: Thank. you. 10 canopy coverage on the whole sire is -- required for the
11 COMMISSIONER STRANGE: AnY other questions? 11 zoning district is 40 percent. The applicant is providing
12 We have no cards on this item -- we had one. And that was 12 41.3 and the canopy within the parking lot area is seven
13 Mr. Gomez. He's already spoken. Any other people who 13 percent. Well, the landscaping .- hold on. There's
14 wanted to speak on this item? Seeing none, we'll close 14 something wrong with this. Nevermind.
15 the public bearing. Do we have a motion on this? Mr. 15 The parking lot requires an open space of
16 Roy. 16 seven percent. The applicant is providing 35 percent.
17 COMMISSIONER ROY: I move approval as 17 And the minimum parking lot canopy coverage required
18 recommended by staff. 18 within the parking lot is 15 percent and the applicant is
19 COMMISSIONER STRANGE: IXl we have a second? 19 proposing 38.19. Public notification was sent to owners
20 COMMISSIONER HOLT: second. 20 within 200 and 500 feet and we received one response in
21 cOMMISSIONER STRANGE: we have a motion by 21 favor of the request.
22 Mr. Roy, a second by Mrs. Holt. Any discussion? If not, 22 The proposed additional landscaping area
23 please, vote. And the vote passes 7-0. 23 and tn::e canopy ensure a quality development that meets
24 Move on to Item E, which is an Alternative 24 the intent of the regulations of the Development Code,
25 Development Plan for a proposed laundry on approximately 25 therefore, staff recommends approval of the requested
CondenseIt 1M
PLANNING AND ZONING MINUTES DECEMBER 14,2005
Page 25 - Page 28
S:\Our Documents\Ordinances\06\ZOS -0029 .doc
ATTACHMENT 7
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MlXED-
USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH AN
OVERLAY DISTRICT ONLY ALLOWING CHURCH FACILITIES FORAPPROXIMATEL Y 20
ACRES OF LAND LOCATED APPROXIMATELY 2600 FEET SOUTH OF BRUSH CREEK
ROAD TO THE EAST OF FORT WORTH DRIVE AND LEGALLY DESCRIBED AS TRACTS 3,
4, 5, 2A, 3A, 4A, SA, 5B, 6 AND PORTION OF TRACT 1 OF THE WM. HUDSON SURVEY
AND PORTION OF TRACT 2C OF THE HAGOOD 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. (Z05-0029)
WHEREAS, Garrett-llmen Civil Engineers has applied for a change in zoning for
approximately 20 acres of land from a Neighborhood Residential 2 (NR-2) zoning district
classification and use designation to a Neighborhood Residential Mixed-Use (NRMU) zoning
district classification and use designation with an overlay district only allowing church facilities; and
WHEREAS, on December 14, 2005, the Planning and Zoning Commission recommended
approval ofthe requested change in zoning; and
WHEREAS, the City Council makes the following findings:
a. The change in zoning, including the overlay district, is consistent with the
Comprehensive Plan; and
b. The overlay district will protect and enhance the Property and surrounding area
which are distinct from lands and structures outside of the overlay district and the
immediate neighborhood; and
c. The regulations imposed in the overlay district serve important and substantial
public interests by preserving the integrity of the neighborhood surrounding the
overlay district while offering a different type of residential home to the public
and the neighborhood
WHEREAS, the City Council fmds that the change is consistent with the Denton Plan and the
Development Code; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The zoning district classification and use designation is hereby changed from
Neighborhood Residential 2 (NR-2) zoning district classification and use designation to
Neighborhood Residential Mixed Use (NRl\1U) zoning district classification and use designation
with an overlay district only allowing church facilities for approximately 20 acres more particularly
described in Exhibit "A", which is attached hereto and incorporated herein by reference (the
"Property"). Notwithstanding the above real property description, the property being rezoned
includes all property to the centerline of all adjacent street rights-of-way.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
pub lished twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the -'-- day of
,2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY'
BY:
BY:
PAGE 2
EXHIBIT A
LEGAL DESCRIPTION
All that certain tract of land situated in the W. Hudson Survey Abstract Number 586 and the H.
H. Hagood Survey Abstract Number 517:! City of Denton. Denton CQunty, Texas. and being all of
the (\I\}led 14.084 acre fJ:act desaibed in the deed irom Carmen In.vestnl.~ loe. to Atgyle United
Methodist Clrurch recorded in Volume 5 J 67, Page 1 016 of the Real .Property Reoords of Denton
County~ Texas:! all of the called 0.8466 acre tract described in the deed from Matt: McOalUard et
ill'to Thomas J. McGaUiardet ux recorded in Volume 2913~ Page 104 of the said Real Property
Records, a part ofth.e tract of land described in the deed to Mack McGaJJiard recorded in Volume
438, Page 688 oithe Deed Records of Denton County, Texas:! all of the called 0.571 acre tract
described in the deed from Lany D. Miller to Argyle United Methodist Church recorded under
Clerk~s FUe Number 2004..31153 of the R.eaJ:.~ ~ds, atl of the called 0,366 acre tract
described in the deed to Morrell MiUer recorded in Volume 1919, Page 469 of the said Deed
~ and part of the mIled 148.1800 acre tract described in the deed from Matthews Country
Oub Estates, L.P. to Carmen Investments, Inc. recorded in Volume 4747. Page 1842 of1he Real
Property Records; the subject tract being- more particularly described as fonows;
BEGINNING for the Southwest comer of the tract being descnlwd herein at a 1 inch iron rod
found at the Soutlmre.st comer of the said 14.084 acre tract and the Northwest comer of Lot 3.
Block A of R.edgate Pecan Estates as Shown by the pial thereof recorded in Cabinet ~ Page 144
oftne Plat Records of Denton County~ Texas on the Southeast right-of..way line of U.S. Highway
377;
THENCE North 27 Degrees 29 Mmuie$ 39 Seconds East with. the Southeast rlgbt4way line of
U.S. Highway 377 a distance of .1,007.24 feet to a 1/2 ioob iron rod with a plastic cap stamped
''GOODWIN & MARSHALL ~ found at the NQrthwest comer of the 14,084 acre tract;
THENCE: South 62 Degrees 32 Minutes 24 Seconds East with the Nortb Une of the 14.084 acre
tract passing at a distance of 492.59 met a 1/2 inch iron rod with a plastic cap stamped
"GOODWIN &. MARSHALL~' found at the Northeast comer thereof and continuing along Ute
same OOIJl:'Se, in an I a total distance of 713.25 feet to a 112 inch i.ronrod' with a yellow plastic cap
stamped "COLBMAN RPLS 400 l~' set for the Northeast comer of the herein described tract;
THENCE South 00 Degrees IS Minutes 30 Seconds West across the saidJ48.1800 acre tract a
distance of' 670.04 feet ro a 3 inch steel past in a pipe fence on the South line ofdte 148.1800 acre
tract and tbe North line of the said Lot J. Block A from which a 112 inch iron rod set with a
yellow plastic cap stamped "COLEMAN RPLS 4OOP' beam South 79 Degrees 09 Minutes 28
Seconds West a distance of 03 feet;
THENCE South 79 Degrees 09 Minutes 28 Seconds West along the said pipe fence with the
North line of Lot 3, Block A and the South line of the 148.1800 acre tract passing at a distance of
200.00 feet a 1/2 inch iron rod with a plastic cap stamped "GOODWIN & MARSHALL" found
at the Southeast comer of the 14.084 acre tract and continuing with the South line 1bereot: in aU. a
total c::tistanoo of 802.66 feet to a 3 inch steel post a1 an angle point in the South line of me 14.084
acre tract andtbe North line of Lot 3, BlOCK A;
TIlENCE North 50 Degrees 05 Minutes II Seconds West along the pipe re.n.ce with tbe North
line of Lot 3, Block: A and the South line of ~ J 4,084 acre tract a distance of 399.65 feet to the
PLACE OF BEOINNlNo and encJos:ing 19.522 acres orland.
AGENDA INFORMATION SHEET
AGENDA DATE:
January 3, 2006
CM:
Planning and Developmen~nt
Howard Martin, 349-8232_
DEPARTMENT:
SUBJECT -(DCA05-0007 adding registered professional land surveyors to the list of qualified
professionals allowed to submit tree inventories.)
Hold a public hearing and consider adopting an ordinance regarding amendments to Subchapter
13, Site Design Standards, of the Development Code related to adding registered professional
land surveyors to the list of qualified professionals allowed to submit tree inventories. (The
Planning and Zoning Commission recommends approval 7-0)
BACKGROUND
Applicant:
City of Denton, Denton TX
This issue arises as a result of staff review of the Tree Preservation regulations after the first six
months of implementation. The Code contains a list of qualified professionals who may submit
tree inventories. For the purposes of the tree preservation provisions, a qualified professional is a
person with a Bachelor of Science degree in Forestry, Horticulture, Botany, Plant or Soil
Science, or ISA certified arborist, Texas Certified or Texas Master Certified Nursery
Professional, or Licensed Landscape Architect. The amendment purposes to add registered land
surveyors to the list of qualified professionals upon completion and proof of required training.
PRIOR ACTIONIREVIEW
October 26, 2005
December 14,2005
Planning and Zoning work session
Planning and Zoning public hearing
OPTIONS
1. Adopt as submitted
2. Adopt with conditions
3. Deny
4. Postpone consideration
5. Table
RECOMMENDA TION
The Planning and Zoning Commission recommends approval, 7-0.
1
ATTACHMENTS
1. Letters from Jerald Yensan and Texas Board of Professional Land Surveying
2. Planning and Zoning Commission minutes
3. Ordinance
Respectfully submitted
~~
Kelly Carpenter, AICP
Director of Planning and Development
2
tAN D MARK,
SURVEYORS, INC,
Attachment 1
4238 j-35 ;\J'c,rr;~(
Denton, Texas 76207-.3.-:108
(940) 382-4016
J n~gx~~~9) 387-9784
1"6narfldrksv@aol,com
Citizen's Tree Committee
c/o NonaMuncie
III East McKinney Street
Denton, Texas 76201
I understand that according to City code, anyone of seven different disciplines are qualified to
perfonn a tree inventory, but registered professional land surveyors are not aniong those
disciplines.
Landmark Surveyors, Inc. has been perfonning tree surveys in Denton since 1987. When we
perfonn a tree survey, we actually shoot in the tree, measure the diameter of the tree at shoulder
height, and measure the drip line, and shoot the elevation. The resulting survey is more accurate
than any of the other disciplines are capable ofperfomring. In the past, we have not always
identified the type of tree, but that is only because it was not required. There may be a few species
that we do not know, but for the most part, we know the difference between "goodfl trees and
"undesirable" trees, that is, we know the difference between, oak,. elm, sycamore, pine, cedar,
compared with hackberry or mesquite trees.
In addition, I personally will be attending a Senllnar on June 10, 2005 that counts as continuing.
education for my professional license, which is a "tree identification" seminar.
Surveyors are required to accumulate a minimum of 8 credit hours per year of continuing
education, and this is one of the options. I will acquire 8 hours of training, and receive a 425 page
pocket field guide.
All this is to say that I would appreciate it if you would see if you could get registered
professiona11and surveyors added to the list of disciplines that are qualified to p~onn tree
inventories.
Sincerely,
J erald Yensan
ce. City Council
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TEXAS BOARD OF PROFESSIONAL LAND SURVEYING
7701 North Lamar, Suite 400 Austin TX 78752
(512) 452 9427 Fax (512) 452 7711
www.txIs.state.tx.us
November 14, 2005
To Whom It May Concern:
Recognizing the need for continuing education in the surveying profession, the
Texas Legislature passed requirements that all Registered Professional Land
. .
Surveyors hadto complete 8 hours of continuing education to renew their
registration to practice each year. The Texas Board of Professional Land
Surveying reviews courses and approves courses that they find will improve and
enhance the practice of land surveying.
The Records of the Texas Board of Professional Land Surveying indicate J erald
Duane Yensan attended a Board approved continuing educatien course titled,
Common Texas Trees and How To Identity Them on June 10,2005.
The instructor is a Landscape Architect; licensed to practice in Texas. The course
offers a great deal of information on the flowers, fruit, leaves, stems, bark and
forms of Texas trees. Class room instruction included live specimens, slides and
color prints.
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ATTACHMENT 2
CondenseIt™
Page 3
1 PROCEEDINGS 1 located on the west side of PM 2181 at the northeast
2 COMMISSIONER SlRANGE: Good evening, ladies 2 corner of Bay Meadow Drive and Prescott Downs Drive. The
3 and gentlemen. It's 6:30 and we will convene the December 3 property is in a Neighborhood Residential 4 zoning
4 14th meeting of the Planning and Zoning Commission. And I 4 district.
5 would ask that you join us in the pledge to the flag. 5 The purpose of the replat is to revise a
6 (Thereupon., the Pledges of A.lkgiance were 6 single lot into three residential lots. This application
7 recited.) 7 was reviewed pursuant to the regulations of the
8 COMMISSIONER STRANGE: I'll make this 8 Development Code. The property is located within a
9 general announcement at this point. We do have several 9 Neighborhood Center future land use area of the Denton
10 public hearings tonight. And it is our practice here that 10 Plan. The final plat is consistent with the Denton Plan.
11 if you wish to speak on any items that are on the public 11 The plat meets the minimum requirements and the
12 hearing list that you will have filled out a card that you 12 Development Review Committee recommends approval, if you
13 will find outside the chamber here and submit that card to 13 have any questions.
14 the front and then when the appropriate item comes up on 14 COMMISSIONER SlRANGE: Any questions of
15 the Agenda, you will have the opportunity to come forward 15 staff? Mr. Roy.
16 and speak either for or against. So, again, if you wish 16 COMMISSIONER ROY, SO this was one large
17 to speak, be sure to fill out a card and get it to the 17 lot at one time?
18 front. 18 MS. SHELTON: Yes. On the original plat it
19 The next item on the Agenda is the approval 19 was shown as a drainage easement specifically public
20 of the minutes of the November 9th, 2005 ma:t:ing. Do we 20 drainage and detention and that arrangements have been
21 have a motion? 21 made at another location.
22 COMMISSIONER WATKINS: Move approval. 22 COMMISSIONER ROY: SO it was a detention
23 COMMISSIONER STRANGE: Do we have a second? 23 site?
24 COMMISSIONER THIBODEAUX: second. 24 MS. SHELTON: originally, yes, sir.
25 COMMISSIONER SlRANGE: We have a motion by 25 COMMISSIONER ROY: okay. Thank you.
Page 2 Page 4
1 Mr. Watkins and a second by Dr. Thibodeaux. Is there any I MS. SHELTON: vh-huh.
2 discussion? Please, vote. Motion passes 7.{). 2 COMMISSIONER STRANGE: Any other questions
3 The Consent Agenda tonight was presented 3 of staff? Thank you, Ms. Shelton.
4 tonight to the Commission in a Work Session. And each 4 We'll open the public hearing. Is the
5 Commissioner had an opportunity to bring forth any 5 applicant here and do they wish to speak? Do we have
6 questions they've had. And those items will not be 6 any-
7 discussed in this open meeting. So do we have a motion on 7 My name is Casey Ross. I work for Doughty
8 the Consent Agenda? 8 Anderson and Associates, 5225 Village Creek Drive in
9 COMMISSIONER HOLT: I'll move approval. 9 Plana. And I'm here to answer any questions that you guys
10 COMMISSIONER STRANGE: Do we have a second? 10 may have.
11 COMMISSIONER WATKINS: second 11 mMMISSIONER SlRANGE: Thank you very much.
12 COMMISSIONER STRANGE: Thank you. We have 12 We have no cards on this item so we'll close the public
13 a motion by Mrs. Holt, and a second by Mr. Watkins. Any 13 hearing. Do we have a motion?
14 discussion? Please, vote. 14 COMMISSIONER HOLT: r move approval.
15 COMMISSIONER HOLT: I goofed. I want to 15 mMMISSIONER SlRANGE: Do we have a second?
16 change my vote. I punched the wrong button by mistake. 16 COMMISSIONER ROY: second.
17 mMMISSIONER SlRANGE: okay. The Board is 17 COMMISSIONER STRANGE: we have a motion by
18 going to show that the vote is 6 to 1 with Mrs. Holt 18 Ms. Holt, and a second by Mr. Roy. Please, vote. Motion
19 voting no, but since she was part of the motion, she did 19 passes 7-0.
20 vote yes, so the actual vote should be 7-0. 20 Next public hearing is an amendment to the
21 COMMISSIONER SlRANGE: We will now start 21 Development Code related to adding registered professional
22 with our frrst public hearing which is a fmal plat of 22 land snrveyors to the qualifIed professionals allowed to
23 Lots 15R., I6R and l7R, Block G, being a replat of Lot 8XR, 23 submit tree inventories. Mrs. Muncie.
24 Block G of Lexington Park, Phase One. Ms. Shelton. 24 MS. MUNCIE: Good evening. With the
25 MS. SHELTON; This 0.67 acre site is 25 adoption of our Tree Preservation Regulations, a tree
PLANNING AND ZONING MINUTES DECEMBER 14,2005
Page 1 - Page 4
CondenseIt 1M
Page 5 Page 7
1 inventory prepared under the supervision of a qualified 1 trees, the gas well development provides a tree inventory
2 professional must be submitted with a preliminary plat or 2 for the thn:e-acre portion of this site. The gas well
3 building permit. 3 development pays into the tree fund for the cahber inches
4 For the purposes of tree preservation 4 of trees removed on 25 percent of the thn:e-acre site at a
5 provisions of the Denton Development Code a qualified 5 rate of $125.00 per caliber inch. When the seven acres of
6 professional is a person with a Bachelor of Science degree 6 1his ten-acre site is developed, the land developer
7 in Forestry, Horticulture, Botany, Plant or Soil Science 7 provides a tree inventory for the seven-acre portion of
8 or an ISA certified Arborist, a Texas Certified or Texas 8 1his site. Future development on 1his seven-acre site
9 Master's Certified Nursery Professional or Professional 9 preserves or mitigates 25 percent. 'The total ten-acre
10 Landscape Architect. Based on our two workshop 10 site has accomplished 25 percent mitigation or
11 discussions, staff recommends approval of adding 11 preservation of the trees through the joint efforts of the
12 registered professional land surveyors that have completed 12 property owner and the mineral rights owner.
13 eight hours of documented training in Texas tree 13 Based on the two City Council Subcommittee
14 identification to the list of qualified professionals 14 discussions and two P & Z Work Session discussions, staff
15 allowed to submit tree inventories. I will take 15 recommends amending the current tree preservation
16 questions. 16 regulations to require 25 percent mitigation to the tree
17 COMMISSIONER STRANGE: No questions. Thank 17 fund for every tree removed from all pad sites,
18 you, Ms. Muncie. This is a public hearing. We will open 18 transmission lines, and fiber optic line easements.
19 the public hearing. Is there anyone here who wishes to 19 Ultimately, this proposal has the ability to change the
20 speak on this item? We'll close the public hearing. Do 20 behavior for routing transmission lines through the City
21 we have a motion? Mr. Roy. 21 of Denton by considering the value of existing trees in
22 COMMISSIONER ROY: I move approval of Item 22 the early planning stages of gas well development. I will
23 SA as outlined by staff. 23 take questions.
24 COMMISSIONER WATKINS: second. 24 COMMISSIONER STRANGE: Thank you, Ms.
25 COMMISSIONER STRANGE: We have a motion by 25 Muncie.
Page 6 Page 8
1 Mr. Roy and a second by Mr. Watkins. Any discussion? 1 MS. MUNCIE: Thank you.
2 Please, vote. Vote passes 7-0. 2 COMMISSIONER STRANGE: This is a public
3 Next item is an amendment to the 3 hearing. We'll now open the public hearing. Do we have
4 Development Code related to tree preservation and 4 anyone who wishes to speak on this item? We've got a lot
5 mitigation as related to gas well development, gas 5 of talkative people tonight. Seeing no one who wishes to
6 pipeline installation and fiber optic line installation. 6 speak, we'll close the public bearing and do we have a
7 Mrs. Muncie. 7 motion? Mr. Roy.
8 MS. MUNCIE: The City Council Committee on 8 COMMISSIONER ROY: Ijust want to mention
9 the Environment met on March 29th to discuss three options 9 the number of reviews. It sounds like to the public that
10 for Code Amendments to address tree preservation near gas 10 we haven't talked about this much and we are making a
11 wells, transmission lines and fiber optic lines. The City 11 quick decision. We are not. We really worked this one to
12 Council Tree Subcommittee met on November 21st to discuss 12 death. I just will say once again that I believe that
13 these same topics. 13 this is a good solution, but I don't think it's going to
14 The Environment Committee, the City Council 14 impact the routing of gas lines or fiber optic lines one
15 Tree Subcommittee and staff all agree on recommending an 15 iota, but regardless of that, it's a reasonable solution
16 amendment to require 25 percent mitigation to the tree 16 and I move approval of Item 58.
17 fund for every tree removed from the pad site, 17 COMMISSIONER HOLT: second.
18 transmission line or fiber optic line easement. The 18 COMMISSIONER STRANGE: We have a motion by
19 Environment Committee is concerned with the fairness of 19 Mr. Roy and a second by Mrs. Holt. Any discussion? Being
20 the gas well developers not being held responsible for 20 none, please, vote. Motion passes 7-0.
21 tree mitigation and leaving the surface right owner 21 Next item is the rezoning of approximately
22 responsible for all of the tree mitigation at a later 22 0.729 acres from Neighborhood Residential Mixed Use
23 date. 23 NRMU-12 zoning District to a Neighborhood Residential
24 An example for this amendment would be if a 24 Mixed Use Zoning District with an overlay. The property
25 gas well impacts three acres of a ten-acre site with 25 is located at the northwest comer of Westway and Anna.
PLANNING AND ZONING MINUTES DECEMBER 14,2005
Page 5 - Page 8
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ATTACHMENT 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SECTION 35.13.7. OF THE DENTON DEVELOPMENT CODE, DEFINING
PROFESSIONALS QUALIFIED TO SUBMIT TREE INVENTORIES; PROVIDING FOR A
PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING AN EFFECTIVE DATE (DCA05-0007).
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code") and
WHEREAS, after providing notice and after conducting a public hearing as required by
law on December 14, 2005, the Planning and Zoning Commission recommended approval of
certain changes to Section 35.13.7 of the Denton Development Code adding professional land
surveyors to the list of professionals qualified to submit tree inventories; and
WHEREAS, after providing notice and after conducting a public hearing as required by
law, the City Council finds that the subject changes to the Development Code are consistent with
the Comprehensive Plan and are in the public interest; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Subchapter 13.7.A.4.d. is hereby amended to read as follows:
"d. A Tree Inventory Plan and a Tree Replacement/Mitigation Plan, if required, must
be submitted with a tree removal permit application prepared by:
1. a registered landscape architect;
2. an urban forester;
3. a botanist;
4. an arborist; or
5. a professional land surveyor that has documented completion of at least
eight (8) hours of training in Texas tree identification."
SECTION 3. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not effect the validity of the remaining portions of this
s: lOur DocumentsIOrdinancesI06IDCAOS-0007.doc
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite such invalidity.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the
day of
2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATTORNEY
BY: Original Signed bv Jerrv E. Drake. Jr. 12-22-05_
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
January 3, 2006
Economic Development
Mike Conduff, City Managenlll
SUBJECT
Consider adoption of an ordinance authorizing the Mayor to approve a first amendment to that
certain Economic Development Program Grant agreement with Teasley Partners, Ltd., to extend
the dates of substantial completion of the improvements covered by the Grant Agreement from
December 31, 2005 to December 31, 2006; and providing an effective date. Economic
Development Partnership Board recommends approval (4-0).
BACKGROUND
The City Council approved a Chapter 380 agreement with Teasley Partners on January 6, 2004 to
encourage an urban style mixed-use development. "Substantial completion" of 125,000 square
feet of construction by December 31, 2005 is a condition of the agreement. Teasley Partners
have completed sixty percent of the square footage with the construction of the Hampton Inn an
First United Bank. In addition, the Holiday Inn is currently under construction and when
completed would exceed the required 125,000 square feet.
As you may remember the developers were working on a multi-screen cinema project at the time
the agreement was signed, but due to the fact that the Cinemark was able to break ground sooner,
the cinema pulled out of the Teasley Partners' development. The company did not feel that two
theaters of that size could compete in the Denton market. Also, the Holiday Inn has incurred
delays on their project. For these reasons, Teasley Partners requests that the deadline of
December 31,2005 for substantial completion be extended to December 31,2006. Although the
Holiday Inn should be completed within seven months, the extension to December will allow for
any additional days.
PRIOR ACTIONIREVIEW
The Economic Development Board has reviewed the Teasley Partners requests and recommends
approval (4-0).
FISCAL INFORMATION
N/A
EXHIBITS
Ordinance
Amendment to Agreement
Respectfully submitted:
Linda Ratliff, Director
Economic Development Department
- 1 -
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO APPROVE A FIRST AMENDMENT
TO THAT CERTAIN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT
WITH TEASLEY PARTNERS, LTD. TO EXTEND THE DATES OF SUBSTANTIAL
COMPLETION OF THE IM:PROVEMENTS COVERED BY THE GRANT AGREEMENT
FROM DECEMBER 31,2005 TO DECEMBER 31, 2006; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, through the passage of Ordinance No. 2004-013 on January 6, 2004, the
City COlUlcil approved a Economic Development Program under chapter 380 of the Texas Local
Government Code ("Chapter 380") to stimulate development of commercial property within the
City by the developer, Teasley Partners, Ltd., ("Developer"); and
WHEREAS, to effectuate the program for Economic Development under Chapter 380
("Program"), the Developer and the City entered into an Economic Development Program Grant
Agreement ("Agreement"); and
WHEREAS, that Agreement required the Developer, as a condition of receiving the
grant, to substantially complete all the improvements covered by that Agreement by December
31,2005; and
WHEREAS, the Developer has made significant progress on the improvements including
the construction of the Holiday Inn and expects substantial completion to take place within
twelve months and has requested an extension of that amount of time on their substantial
completion date; and
WHEREAS, City Council deems it in the public interest to grant the Developer's request
and to amend the Agreement to extend the completion date; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated
by reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The Mayor, or in case of her absence, the Mayor Pro Tem, is herby
authorized to execute a First Amendment to the Agreement on behalf of the City of Denton
substantially in the form of the First Amendment, which is attached to and made a part of this
Ordinance for all purposes.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
S:\Our Documents\Ordinances\06\Teasley Partners First Amendment.doc
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER CITY ATTORNEY
BY:
Page 2 of2
day of
EULINE BROCK, MAYOR
,2006.
S:\OUf Docuinents\Contracts\06\TeasIey Partners First Amendment.doc
FIRST AMENDMENT TO THAT CERTAIN
ECONOMIC DEVELOPMENT PROGRAM: GRANT AGREEMENT
WITH TEASLEY PARTNERS, LTD.
THIS FIRST AMENDMENT to that Economic Development Program Grant Agreement
by and between Teasley Partners, Ltd. ("Developer") a Texas limited partnership, the City of
Denton ("City"), a Texas municipal corporation, executed on the 6th day of January, 2004
hereinafter referred to as Base Agreement.
WHEREAS, the parties desire to amend the Base Agreement to extend the date for a
substantial completion from December 31, 2005 to December 31, 2006 to give the Developer
adequate time to complete the improvements in accordance with the Base Agreement;
NOW, THEREFORE, in consideration of the mutual conditions and obligations set forth
below, the parties agree to amend the Base Agreement as follows:
SECTION 1. Section 4 "Program Grant" of the Base Agreement is hereby amended to
read as follows:
Section 4. Program Grant.
For each month of the Program Grant term, City agrees, subject to the conditions
contained in this Agreement, to make a Program Grant installment payment to Grantee on
or before thirty days following the City's receipt from the State Comptroller of the
Monthly Sales Tax Report indicating sales tax revenue from businesses located on the
Property. Monthly Program Grant installment payments shall be calculated as provided
in Section 5 below. Tenant Occupancy shall be a condition precedent to the initiation of
Program Grant payments. Program Grant payments may be withheld at any time if there
are delinquent property taxes on the Property and will not be resumed until such
delinquency is cured. Notwithstanding anything contained herein to the contrary, the
Program Grant installment payments will cease, this Agreement will automatically
terminate, and Grantee will refund to the City all Program Grant payments previously
made if there is not Substantial Completion of the hnprovements by December 31,2006.
SECTION 2. Save and except as amended hereby, all the remaining clauses, sentences,
paragraphs, sections and subsections of Base Agreement shall remain in full force and effect.
EXECUTED and effective as ofthe _ day of , 2006, by City, signing by
and through its Mayor, or in case of her absence, the Mayor Pro Tern, duly authorized to execute
same by action of the City Council and by Grantee, acting through its duly authorized officials.
S:\OUT Documents\Contracts\06\Teasley Partners First Amendment.doc
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATTORNEY
BY:
Page 2 of2
day of
EULINE BROCK., MAYOR
,2006.
AGENDA INFORMATION SHEET
AGENDA DATE: January 3, 2006
DEPARTMENT:
Transportation Operations
..
CM:
Howard Martin, 349-8232
SUBJECT
An Ordinance of the City Council of the City of Denton, Texas providing for the City's
Adoption of the Clean Fleet Vehicle Model ordinance proposed by the Regional
Transportation Council which is the Regional Transportation Policy Body associated with
the North Central Texas Council of Governments; providing for an effective date. The
Mobility Committee recommended approval 4-0.
BACKGROUND
States are required by the "Transportation Equity Act for the 21st Century" (TEA-21) to
"designate a Metropolitan Planning Organization (MPO)" to develop transportation plans
and programs for urbanized areas over 50,000 individuals. The North Central Texas
Council of Governments (NCTCOG) and the Regional Transportation Council (RTC)
serve as the Metropolitan Planning Organization for regional transportation planning in
the Dallas-Fort Worth Metropolitan Area. In general, the NCTCOG's Executive Board
establishes overall policy for comprehensive planning and coordination in the North
Central Texas region, and oversees the administration of funds granted to the MPO. The
Regional Transportation Council (RTC) is the independent transportation policy body of
the Metropolitan Planning Organization, and is responsible for overseeing the
metropolitan transportation planning process. Primary activities of the RTC include:
. Providing guidance regarding the development of transportation plans and
programs;
. Programming federal and State funds for the implementation of transportation
improvements;
. Selecting specific federally funded projects and programs;
. Assuring the coordination of services among transportation providers; and
. Ensuring compliance with federal and State laws and regulations pertaining to
metropolitan transportation and air quality planning.
On March 11, 2004, the RTC approved the creation of a Clean Fleet Vehicle Policy, and
development of the policy was initiated during the summer of 2004. During the October
13, 2005 meeting of the RTC, the final version of the Clean Vehicle Fleet Policy was
introduced to Committee members, and a resolution endorsing the Policy was adopted. A
copy of this resolution is provided as Exhibit 1. As a component of the policy
development, a Clean Fleet Vehicle Model Ordinance was also created. The RTC's
strategy is to "recommend and encourage" local government entities to adopt the model
ordinance beginning fall 2005 and extending into Spring 2006. The goal of the model
ordinance is to engender systematic management strategies for local governments that
will improve air quality and help meet regional non-attainment goals.
There are several issues to consider when examining the RTC's recommendation to adopt
the model ordinance. First and foremost is the resolution made by the RTC that all
future vehicle funds for government entities shall be reserved for only those entities that
adopt and comply with the model ordinance. This resolution also extends to federal,
state, and local funds that may be distributed at the discretion of the RTC, as well as
support for third party funding opportunities. Denton's ability to effectively compete for
these funds will therefore depend on adopting the Clean Fleet Vehicle Model Ordinance.
The RTC has also authorized NCTCOG staff to pursue a Cooperative Purchasing
Program that will be administered through the NCTCOG. Eligibility to participate in
this cooperative program will be reserved for only those entities that choose to adopt and
comply with the model ordinance.
The attached ordinance was drafted from the model ordinance developed by NCTCOG.
If approved, the proposed ordinance will require activities that have the potential to create
minor financial and administrative burdens on the City. For example, Section 3.3 of the
ordinance requires that fleet managers abide by the latest refueling time / season guidance
published by the NCTCOG, and Section 3.5 requires that all drivers be trained on "air
quality appropriate" operational requirements. Furthermore, documentation of
compliance must be submitted by Fleet Services to the NCTCOG on an annual basis.
RECOMMENDA TIONS
The Environmental Committee and the Mobility Committee have provided a positive
recommendation on the draft ordinance. Staff recommends approval of the draft
ordinance.
ESTIMA TED SCHEDULE OF PROJECT
The ordinance would become effective immediately upon approval by City Council.
PRIOR ACTIONIREVIEW (Council. Boards. Commissions)
The Environmental Committee provided a positive recommendation of the ordinance at
their November 7,2005 meeting. At the December 16th meeting, the Mobility Committee
approved the ordinance and recommended that staff present the ordinance to the City
Council for approval.
FISCAL INFORMATION
Fees for annual inspections on vehicles over 100,000 miles have not been established at
this time. Costs associated with vehicle operations costs have not been quantified at this
time but staff anticipates these to be minor.
EXHIBITS
1. Resolution Supporting the Regional Transportation Council Clean Fleet
Vehicle Policy.
2. Clean Fleet Vehicle Ordinance
3. Mobility Committee Minutes
Respectfully submitted:
nfd&/v\.
Mark Nelson
Chief Transportation Officer
ORDINANCE NO. 2006-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
PROVIDING FOR THE CITY'S ADOPTION OF THE CLEAN FLEET VEHICLE MODEL
ORDINANCE PROPOSED BY THE REGIONAL TRANSPORTATION COUNCIL WHICH
IS THE REGIONAL TRANSPORTATION POLICY BODY ASSOCIATED WITH THE
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas has considered, and is of the
opinion that it should support the efforts of the Regional Transportation Council ("RTC"), which
is comprised primarily of local elected officials, and is the regional transportation policy body
associated with the North Central Texas Council of Governments ("NCTCOG"); and
WHEREAS, the Regional Transportation Council has been and continues to be a forum
for cooperative decisions on transportation; and,
WHEREAS, the Regional Transportation Council has heretofore considered, and
supports the adoption and implementation of a "Clean Fleet Vehicle Policy" which it has
adopted, and which it now proposes that municipalities in the Dallas-Fort Worth Metropolitan
Area adopt by ordinance; and,
WHEREAS, the Dallas-Fort Worth area is a federally-designated nonattainment area for
the pollutant ozone and air quality impacts the public health of the entire region; and
approximately fifty-percent of the nitrogen oxide (NOx) emissions in the Dallas-Fort Worth
nonattainment area come from on-road vehicles; and,
WHEREAS, the Regional Transportation Council is responsible for air quality
conformity; and the Clean Air Act Amendments of 1990 require that in air quality nonattainment
areas that transportation plans and improvement programs conform to the applicable air quality
implementation plan; and,
WHEREAS, the City Council of the City of Denton, Texas wants to set achievable goals
and provide workable, cost-effective solutions that will result in improvement in the Dallas-Fort
Worth Metropolitan Area air, and desires to implement those measures as soon as practicable to
improve air quality in the nonattainment area; and
WHEREAS, the Environmental Committee of the City Council has heretofore considered
and has recommended approval of this ordinance; the Mobility Committee of the City Council
has heretofore considered and has recommended approval of this ordinance; the City Council of
the City of Denton, Texas has determined, and finds and concludes that the adoption of this
Clean Fleet Vehicle Model ordinance is in the best interest of its citizens: NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
1
EXHIBIT 2
SECTION 1. The City Council of the City of Denton, Texas hereby adopts the following
ordinance:
SECTION 2. Acquisition
2.1 Vehicle acquisitions for fleet expansion or replacement of model year 2004 or
newer, shall be newest model year or engine standard only.
2.2 Vehicle acquisitions to replace model year 2003 or older vehicles must show at
least a 25% reduction in Nitrogen Oxide (NOx) emissions rate compared to the
vehicle being replaced. (Waivers are possible when new technologies or
achievements of the required emission reduction are not possible.)
2.3 Aftermarket technologies and conversions are acceptable for fleet expansion and
fleet replacements.
2.3.1 Aftermarket technologies and conversions must be Environmental Protection
Agency ("EP A") and/or CARB verified or certified or technology equivalent or
better, as determined by the North Central Texas Council of Governments
("NCTCOG") staff.
2.3.2 Conversions must comply with the provIsIOns of EPA Memorandum lA and
Addendum Revisions (June 25, 1974 and June 1, 1998).
SECTION 3. Operations
3.1 Vehi cl e idling is all owed onl y for safety, emergency response, vehi cl e
maintenance, equipment activity, warm-up/operations in cold temperature, and
manufacturer recommended minimum idle/warm-up times.
3 .2 Vehicles with the lowest NOx emissions that are capable of performing the
required operational demands shall drive the most miles.
3.3 The fleet manager shall abide by latest refueling time/season guidance published
by NCTCOG Air Quality Planning.
3.4 Non-emergency vehicles shall drive no more than the posted speed limit and
avoid rapid acceleration.
3.5 All drivers shall be trained on air quality appropriate operational requirements.
SECTION 4. Maintenance
4.1 Perform annual emission and safety inspections for all vehicles, even for vehicles
with no state mandated inspection requirement.
2
4.2 All vehicles with over 100,000 miles must have emission inspections every 25,000
miles thereafter.
4.3 Perform manufacturer's recommended maintenance.
4.4 Mandatory participation in any diesel or other Texas Commission on
Environmental Quality ("TCEQ") or NCTCOG inspection and maintenance
program, including applicable test or pilot programs.
SECTION 5. Compliance Verification
5.1 The City of Denton, Texas shall provide NCTCOG with an annual electronic update
of fleet size and activity in a format established by NCTCOG.
5.2 The City of Denton, Texas acknowledges that entities not adopting and complying
with the Clean Fleet Vehicle Policy and/or the reporting requirements contained
therein, will not be eligible for future clean vehicle funding and RTC may assess the
City of Denton, Texas compliance when considering other RTC funding actions
SECTION 6. This ordinance shall become effective immediately upon its passage and approval.
PASSED AND APPROVED this the
day of January 2006.
HOWARD MARTIN
INTERIM CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
WtUAffD
By:
3
DRAFT MINUTES
City Council Mobility Committee Meeting
City Council Work Session Room
Friday, December 16, 2005
After determining that a quorum of the City Council Mobility Committee of the Denton
City Council was present, the Mobility Committee convened into an Opening Meeting on
Friday December 16, 2005 at 12:42 p.m. in the Council Work Session Room, 215 E.
McKinney Street, Denton, Texas to consider the specific agenda items listed below:
PRESENT:
Mayor Euline Brock
Mayor Pro- Tem Perry McNeill
Councilmember and Chair Pete Kamp
Councilmember Bob Montgomery
EX OFFICIO MEMBERS: Howard Martin, Interim City Manager/ACM/Utilities
Mark Nelson, Chief Transportation Officer
ALSO PRESENT:
Jon Fortune, ACM
Jim Coulter, Director of W ater/W astewater
Kelly Carpenter, Director of Planning and Development
Charles Wiley, Police Chief
Bud V okoun, Senior Engineer
Linda Ratliff, Director of Economic Development
Scott Langford, Captain
John Polster, ITS
ITEMS FOR INDIVIDUAL CONSIDERATION
4) An ordinance of the City Council of the City of Denton, Texas providing for the
City's adoption of the Clean Fleet Vehicle Model ordinance proposed by the Regional
Transportation Council which is the regional transportation policy body associated
with the North Central Texas Council of Governments; providing for an effective
date.
Mark Nelson stated that adoption of the ordinance would make the City eligible to
participate in a cooperative funding program through the RTC.
Mayor made a motion to approve with a second from Council Member
Montgomery. The motion was approved by a vote of 4-0.
EXHIBIT 3